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Agenda 02-19-19 The City of wr Boynton Beach y City Commission Agenda Tuesday, February 19, 2019, 6:30 PM Intracoastal Park Clubhouse 2240 N. Federal Highway Regular City Commission Meeting 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 Aimee Kelley (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 C] www.boynton-beach.org Page 1 of 1256 WELCOME Thank you for attending the City Commission Meeting GENERAL RULES & 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& 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 your name for the record 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 Intracoastal Park Clubhouse, 2240 N. Federal Highway, 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 2 of 1256 1. OPENINGS A. Call to Order - Mayor Steven B. Grant Invocation by Rev. Amalie Ash, 1st Presbyterian Church Pledge of Allegiance to the Flag led by Vice Mayor Romelus. 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. General Election Proclamation - March 12, 2019- presented by Mayor Steven B. Grant B. Proclaim the week of February 25, 2019 as Eating Disorders Awareness Week. Sharon M Glynn, LPN, the Director of Operations, from The Alliance For Eating Disorders Awareness will be accepting the proclamation. C. Proclaim the week of February 25, 2019 as Say Something Week. Ms. Teresa Trumble-Thomas, from South Tech Academy will be present to accept the proclamation. D. Citation recognizing Mrs. Yvonne Odom's accomplishments. 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. 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. R19-016-Authorize the City Manager to sign an Agreement with Tinker, LLC of Alamo, California for RFP No. 012-2821-19/IT for Water Conservation Education Program in the estimated annual amount of$25,014. B. PROPOSED RESOLUTION NO. R19-017- Authorize the City Manager to submit an application for financial assistance pursuant to the Palm Beach Transportation Planning Agency (TPA) Transportation Alternatives Program for funding for the addition of sidewalk(s) along SE 1st Street; agreeing to fund the local share of project and ongoing maintenance and operations expenses associated with the project and providing for an effective date. C. PROPOSED RESOLUTION NO. R19-018- Authorizing the Mayor to execute documents or Page 3 of 1256 provide tax identification information in conjunction with the acquisition of Israel Bonds as part of the City's investment portfolio. D. PROPOSED RESOLUTION NO. R19-019- Authorize the City Manager to sign a 2 1/2 year Cooperative Agreement between the City and SEFLIN (Southeast Florida Library Information Network) for the migration, installation, administration and operation of a shared online library catalog and automated library system for the Boynton Beach City Library. The contract amount totals$35,665. E. Accept first quarter report on operations of the Schoolhouse Children's Museum and Learning Center for FY18/19. F. Accept the written report to the Commission for purchases over $10,000 for the month of January 2019 G. Approve the minutes from City Commission meetings held on February 5, 2019. 7. BIDS AND PURCHASES OVER $100,000 A. Approve Task Order UT-3A-01 with GlobalTech, Inc. in the sum of $197,015.20 in accordance with RFQ No. 047-2821-17/TP, General Consulting Services Contract, Scope Category A awarded by Commission on September 7, 2018 for West Water Treatment Plant Scale Inhibitor and Acid Reduction Pretreatment Study. B. PROPOSED RESOLUTION NO. R19-020-Authorize the City Manager to sign a contract with Insituform Technologies, LLC as the lowest pre-qualified bidder as determined by review of bids submitted on January 22, 2019, resulting from the responses to the Request for Bids for Cured-in- Place Pipe Lining, (Bid No. ITB 03-CIPP-19/TP) in the amount of $191,043.60 for the project in Boynton Beach Leisureville and Gateway Boulevard. C. PROPOSED RESOLUTION NO. R19-021 - Approve utilizing the City of West Palm Beach Supplemental Staff Agreement with U.S. Water Services Corporation (ITB 16-17-119) for water and wastewater operation and management services thru September 30, 2019 for an amount not to exceed $150,000 on an as needed basis and authorizing the City Manager to sign a piggy-back agreement with U.S. Water Services Corporation. The West Palm Beach procurement process satisfies the City's competitive bid requirements. D. Approve the purchase of replacement vehicles as approved in the FY2018/2019 budget in the estimated amount of $873,665.00 by utilizing the following contracts: Florida Sheriff's Association Contract #FSA18-VEL26.0, #FSA18-VEH16.0, and NJPA/Sourcewell #022014-EVS for eight (8) vehicles. 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.19-004 - SECOND READING -Approve Boynton Beach Mall Future Land Use Map Amendment from Development of Regional Impact (DRI) to Mixed Use Low (MXL). Applicant: City-initiated. (TBD upon return with State approval) PROPOSED ORDINANCE NO.19-005 - SECOND READING - Approve the Comprehensive Plan's Future Land Use Element text amendment to delete the Boynton Beach Mall DRI from the list of DRI-classified sites. Applicant: City-initiated. (TBD upon return with State approval) B. PROPOSED ORDINANCE NO. 19-001 - FIRST READING - Approve Country Trail PUD annexation (ANEX 19-001) Applicant: M2D Country Trail, LLC (Applicant request postponement to March 19, 2019) Page 4 of 1256 PROPOSED ORDINANCE NO. 19-002 - FIRST READING - Approve Country Trail PUD Future Land Use Map amendment from Palm Beach County's Medium Residential with a maximum density of 5 du/acre (MR-5) to Low Density Residential (LDR) with a ma)amum density of 7.5 du/acre. Applicant: M2D Country Trail, LLC (Applicant request postponement to March 19, 2019) PROPOSED ORDINANCE NO. 19-003 - FIRST READING - Approve Country Trail PUD rezoning from Palm Beach County's AR, Agricultural Residential, to PUD, Planned Unit Development. Applicant: M2D Country Trail, LLC (Applicant request postponement to March 19, 2019) C. Approve Country Trail PUD New Site Plan to construct a new development with 26 two-story single-family residences and associated site improvements on a 5.17 acre site. Applicant: M21D Country Trail, LLC. (Applicant request postponement to March 19, 2019) 9. CITY MANAGER'S REPORT A. Discuss and approve Legislative Priorities for the 2019 legislative session in Tallahassee. 10. UNFINISHED BUSINESS - None 11. NEW BUSINESS A. Approve the request of Vice Mayor Romelus to distribute $250 of her Community Support Funds to Scholar Career Coaching. Ms. Lynne Gassant will be present to make a brief 10 minute presentation. B. Approve the request of Mayor Grant to distribute $200 of his Community Support Funds to Rolling Green Elementary Safety Patrol C. The Mayor has requested to discuss possibility of putting together a Veteran's Task Force to assist with veteran events. D. PROPOSED RESOLUTION NO. R19-022- Authorize the Mayor to sign an Asset Purchase Agreement between the City of Boynton Beach and Parry Village Inc. for the acquisition of the Parry Village water distribution system, and approve the associated costs to purchase the systems, install the necessary water meters and connection to the Utility water distribution system. E. PROPOSED RESOLUTION NO. R19-023-Authorize the Mayor to sign documents relating to transferring Lot 154 & Lot 155 on NE 3rd Street to the Boynton Beach Community Redevelopment Agency. 12. LEGAL A. PROPOSED ORDINANCE 19-009 - SECOND READING - PUBLIC HEARING - Approve changes to Chapter 18, Article IV, Pensions for Firefighters. B. PROPOSED ORDINANCE 19-010 - FIRST READING - Amending Chapter 14 of the Code of Ordinances entitled "Motor Vehicles and Traffic" creating Section 14-13 entitled "Motorized Scooters" C. Discuss adoption of anti-lobbying ordinance applicable to City Board Members. (Tabled to March 19, 2019) 13. FUTURE AGENDA ITEMS A. Department to give brief presentation of their operations Police- March 2019 Fire- May 2019 B. Staff to review Development Department's plan review processes to identify efficiencies and Page 5 of 1256 technologies to assist with timely review of plans/projects- March 2019 C. Mayor has requested a discussion concerning a Community I D Program- March 19, 2019 D. Commission wants to discuss public safety as it relates to the Town Square Redevelopment- June 2019 E. Modification of parking ordinance to prohibit parking of tractor trailers in residential neighborhoods - TBD 14. ADJOURNMENT NOTICE IFA PERSON DECIDES TO APPEALANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING,HUSHE WILL NEEDA RECORD OF THE PROCEEDINGSAND,FOR SUCH PURPOSE,HUSHE 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. Page 6 of 1256 1.A. OPENING ITEMS 2/19/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 2/19/2019 REQUESTED ACTION BY COMMISSION: Call to Order- Mayor Steven B. Grant Invocation by Rev. Amalie Ash, 1st Presbyterian Church Pledge of Allegiance to the Flag led by Vice Mayor Romelus. 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: Page 7 of 1256 2.A. OTHER 2/19/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 2/19/2019 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 8 of 1256 3.A. ANNOUNCEMENTS, COMMUNITYAND SPECIAL EVENTS AND PRESENTATIONS 2/19/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 2/19/2019 REQUESTED ACTION BY COMMISSION: General Election Proclamation - March 12, 2019- presented by Mayor Steven B. Grant EXPLANATION OF REQUEST: On January 15 2019 the qualifying period for candidates for Mayor - at Large, Commissioner District I, Commissioner District I I I and Commissioner District IV closed. There are five candidates for Mayor-at Large, three candidates for Commissioner District 1, two candidates for District III and four candidates for District IV. The Proclamation declares all of the polling locations that will be active on Election Day. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: Budgeted The fiscal impact to the City involves the base salary and expenses of the positions. The cost of conducting the election has been budgeted in the 2018-2019 fiscal year budget. ALTERNATIVES: There is no alternative to having this election. Our elected official serve three-year terms and the terms of the Mayor and Commissioners District I and I I I will expire in March and a special election for District IV to serve a one-year term expiring in March 2020. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 9 of 1256 ATTACHMENTS: Type Description D Proclamation Proclamation Page 10 of 1256 PROCLAMATION I, Steven B. Grant, Mayor of the City of Boynton Beach, Florida,do hereby proclaim that a General Election will be held in the City of Boynton Beach, Palm Beach County, Florida, on the 12th day of March 2019 to elect the Mayor - at Large, one Commissioner from Districts I and III to serve a three-year term expiring in March 2022 and a special election for District IV to serve a one-year term expiring in March 2020. The voting hours are between 7:00 a.m. and 7:00 p.m. on said date. Polling places are hereby designated as follows: VOTING LOCATIONS PRECINCT# NAME&LOCATION 3136 Freedom Shores Elementary School 3400 Hypoluxo Rd. 3138 Citrus Cove Elementary School 8400 Lawrence Rd. 3140 Boynton Lakes North Clubhouse 100 Redford Dr. 3142 Boynton Lakes North Clubhouse 100 Redford Dr. 3146 Discovery Village at Boynton Beach 4735 NW 7t`Ct. 3164 Citrus Cove Elementary School 8400 Lawrence Rd. 3168 Boynton Beach Fire Station#3 3501 N.Congress Ave. 3172 Boynton Beach High School 4975 Park Ridge Blvd. 3174 Boynton Beach Fire Station#3 3501 N.Congress Ave. 3176 Boynton Beach High School 4975 Park Ridge Blvd. 3182 Imagine Schools Chancellor Campus 3333 High Ridge Rd. 3186 Christ Fellowship Church 801 N.Congress Ave. 3187 Christ Fellowship Church 801 N.Congress Ave. 3188 Christ Fellowship Church 801 N.Congress Ave. Page 11 of 1256 3190 Imagine Schools Chancellor Campus 3333 High Ridge Rd. 3192 Palm Beach Leisureville #1 Clubhouse 1007 Ocean Dr. 3194 Boynton Beach Fire Station#2 2615 West.Woolbright Rd. 3196 Palm Beach Leisureville Clubhouse#3 2001 SW 13th Ave. 3198 Boynton Beach Leisureville Clubhouse 1807 SW 18th St. 3200 Golfview Harbour Clubhouse 2775 SW 14th St. 3202 Golfview Harbour Clubhouse 2775 SW 14th St. 4020 Christ Fellowship Church 801 N.Congress Ave. 4022 Congress Middle School 101 S.Congress Ave. 4024 Harvey E.Oyer Jr.Park US# 1 and NE 211 Ave. 4026 Sterling Village Auditorium 500 S.Federal Highway 4034 Crosspointe Elementary School 3015 S.Congress Ave. 4036 Colonial Clubhouse 26 Colonial Club Dr. 4050 Hunters Run Courtside Caf6 3500 Clubhouse Ln 4052 Crosspointe Elementary School 3015 S.Congress Ave. 4053 Crosspointe Elementary School 3015 S.Congress Ave. 4054 Lakeview Baptist Church 2599 N. Swinton Ave. Delray Beach,FL 4062 Colonial Club Clubhouse 26 Colonial Club Dr. 4066 Seacrest Presbyterian Church 2703 N. Seacrest Blvd. Page 12 of 1256 4068 Seacrest Presbyterian Church 2703 N. Seacrest Blvd. 4070 Seacrest Presbyterian Church 2703 N. Seacrest Blvd. 7178 Temple Beth Kodesh 501 NE 26th Ave. 7179 Village Royal on the Green 2501 NE 1'Court 7180 St.John Missionary Baptist Church 900 North Seacrest Blvd. 7182 Carolyn Sims Center 225 NW 12'Ave. 7184 St.John Missionary Baptist Church 900 North Seacrest Blvd. 7186 Boynton Beach Senior Center 1021 S.Federal Highway 7188 Forest Park Elementary School 1201 SW 3rd St. 7190 Seacrest Presbyterian Church 2703 N. Seacrest Blvd. CITY OF BOYNTON BEACH STEVEN B GRANT, MAYOR ATTEST: JUDITH A PYLE, CMC CITY CLERK (Corporate Seal) Page 13 of 1256 3.B. ANNOUNCEMENTS, COMMUNITYAND SPECIAL EVENTS AND PRESENTATIONS 2/19/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 2/19/2019 REQUESTED ACTION BY COMMISSION: Proclaim the week of February 25, 2019 as Eating Disorders Awareness Week. Sharon M Glynn, LPN, the Director of Operations, from The Alliance For Eating Disorders Awareness will be accepting the proclamation. EXPLANATION OF REQUEST: At least once every 62 minutes, someone dies due to their struggle with an eating disorder, and anorexia nervosa has the highest mortality rate of any mental illness; and eating disorders know no boundaries with respect to genders, ages, races, ethnicities, body shapes and weights, sexual orientations, and socioeconomic statuses. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: Not to proclaim the week of February 25, 2019 as Eating Disorders Awareness Week. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Proclamation Proclamation Page 14 of 1256 Proclamation WHEREAS, eating disorders affect 30,000,000 individuals in the United States during their lifetimes; with more than 600,000 individuals in the State of Florida alone;and WHEREAS,eating disorders,including the specific disorders of anorexia nervosa,bulimia nervosa,binge eating disorder,avoidant/restrictive food intake disorder, and other specified feeding or eating disorders, are complex,biologically based illnesses;and WHEREAS, eating disorders are associated with serious physical health consequences, including irregular heartbeats, heart disease and heart failure, kidney failure, osteoporosis, gastric rupture, tooth decay,obesity,gall bladder disease,diabetes,and death;and WHEREAS, at least once every 62 minutes, someone dies due to their struggle with an eating disorder, and anorexia nervosa has the highest mortality rate of any mental illness; and eating disorders know no boundaries with respect to genders,ages,races,ethnicities,body shapes and weights,sexual orientations, and socioeconomic statuses;and WHEREAS, eating disorders have a high prevalence amongst active military service members and veterans;and WHEREAS,with early detection and intervention,full recovery from an eating disorder is possible;and NOW THEREFORE,I,Steven B. Grant,Mayor of the City of Boynton Beach,Florida,do hereby proclaim the week of February 25"—March 3rd of Two Thousand Nineteen as: EATING DISORDERS AWARENESS WEEK IN WITNESS WHEREOF,I have hereunto set my band and cause the Seal of the City of Boynton Beach, Florida,to be affixed at Boynton Beach Florida,the 19,h day of February Two Thousand Nineteen. Steven B. Grant,Mayor ATTEST: Judith A. Pyle,CMC City Clerk 3.C. ANNOUNCEMENTS, COMMUNITYAND SPECIAL EVENTS AND PRESENTATIONS 2/19/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 2/19/2019 REQUESTED ACTION BY COMMISSION: Proclaim the week of February 25, 2019 as Say Something Week. Ms. Teresa Trumble-Thomas, from South Tech Academy will be present to accept the proclamation. EXPLANATION OF REQUEST: Say Something Week- Feb 25th - March 1st. This awareness and education week is sponsored by Sandy Hook Promise and SAVE Promise programs (SAVE = Students Against Violence Everywhere). HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: Not to proclaim the week of February 25, 201 as Say Something Week. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Proclamation Proclamation Page 16 of 1256 proclamation WHEREAS, when it comes to violence, suicide and threats, most are known by at least one other individual before the incident occurs. 800/o of school shooters told someone of their violent plans prior to the event. 7 out of 10 people who complete suicide told someone of their plans or gave some type of warning or indication;and WHEREAS, Say Something teaches students in Middle and High School how to look for warning signs, signals and threats, especially in social media, from individuals who may want to hurt themselves or others and to "say something"to a trusted adult to get them help. W HEREAS,Say Something will benefit young people,educators,administrators,community-based organizations,parents, and caretakers by building a culture of looking out for one another. By reporting possible threats of violence when someone sees,reads,or hears something,entire communities will become safer and lives will be saved;and WHEREAS,Sandy Hook Promise,a national,non-profit organization led by family members whose loved ones were killed in the tragic mass shooting at Sandy Hook Elementary School on December 14,2012 supports sensible solutions that protect children and prevent gun violence by bringing individuals and communities together,to look out for and care for one another;and WHEREAS, Sandy Hook Promise's Say Something Program,is being celebrated as part of National Say Something Week, February 25-March 1,2019 at SouthTech Academy in Boynton Beach,FL and WHEREAS, through Say Something, young people will see a positive change for everyone and save lives by looking out for one another. NOW THEREFORE,I,Steven B. Grant,Mayor of the City of Boynton Beach,Florida,do hereby proclaim the week of February 25,h of Two Thousand Nineteen as: SAY SOMETHING WEEK IN WITNESS WHEREOF, I have hereunto set my band and cause the Seal of the City of Boynton Beach, Florida, to be affixed at Boynton Beach Florida,the 19,h day of February Two Thousand Nineteen. Steven B. Grant,Mayor ATTEST: Judith A. Pyle,City Clerk 3.D. ANNOUNCEMENTS, COMMUNITY AND SPECIAL EVENTS AND PRESENTATIONS 2/19/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 2/19/2019 REQUESTED ACTION BY COMMISSION: Citation recognizing Mrs. Yvonne Odom's accomplishments. 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: ATTACHMENTS: Type Description D Proclamation Citation-Yvonne Odom Page 18 of 1256 Citation In September of 1961,Yvonne Odom, a 16-year-old black sophomore,stepped into her new school, Seacrest High School,alone and calm. As she began the walk to her classroom,a white stranger reached out,took her hand and accompanied her to class. Yvonne was slated to attend Carver High School and serve as captain of the girls'basketball team and on Carver's Homecoming Court. However, she decided to attend Seacrest High School and work toward a more important mission:integration. By 1961,public schools were trying to meet the demands of a 1954 Supreme Court decision that said separate but equal schools were inherently unequal. Palm Beach County desegregation began with a lawsuit filed in 1956 by West Palm Beach attorney Bill Holland,who objected to school officials'refusal to allow his black son to attend a West Palm Beach elementary school. A committee, which included Holland and Odours father, the Rev. Randolph Lee, recruited black students to attend white schools in Jupiter and Lake Worth and at Palm Beach Junior College. Rev. Lee's daughter's walk into Seacrest High School that historic day paved the way for future African students. During the month of February,Black History Month,we honor Yvonne Odom as a pioneer in the desegregation of schools in Palm Beach County. Not only did she exhibit strength and character in high school, she went on to obtain a degree at Palm Beach Community College and was a longtime educator at Carver Middle School.Yvonne Odom is a living testament to history and even today remains hard at work in our community. Now therefore I, Steven B. Grant,by virtue of the authority vested in me as Mayor of the City of Boynton Beach, Florida,recognize with this Citation: YV ONNE ODOM In witness whereof,I have hereunto set my hand and caused the Seal of the City of Boynton Beach, Florida,to be affixed at Boynton Beach,Florida,the 19,h day of February,Two Thousand and Nineteen. Steven B. Grant,Mayor ATTEST: Judith A. Pyle,CMC City Clerk 5.A. ADMINISTRATIVE 2/19/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 2/19/2019 REQUESTED ACTION BY COMMISSION: Appoint eligible members of the community to serve in vacant positions on City advisory boards. 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: ATTACHMENTS: Type Description D Other Appointments Page 20 of 1256 APPOINTMENTS AND APPLICANTS FOR FEBRUARY 2019 a Building rd of Adjustments and Appeals Mayor Grant Reg 2 yr term to 12/19 Tabled (2) 1 Katz Alt 2 yr term to 12/20 Tabled (2) II McCray Alt 2 yr term to 12/19 Tabled (2) Applicants None Education uth Advisory Board III Romelus STU 2 yr term to 12/20 Tabled (2) IV Kelley STU 2 yr term to 12/19 Tabled (2) Applicants None Historic r Preservation r II McCray Alt 2 yr term to 12/19 Tabled (2) Applicants None Library Board III Romelus Alt 2 yr term to 12/20 Tabled (2) Applicants None Senior Advisory Board I Katz Alt 2 yr term to 12/20 Applicants None Page 21 of 1256 6.A. CONSENTAGENDA 2/19/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 2/19/2019 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R19-016-Authorize the City Manager to sign an Agreement with Tinker, LLC of Alamo, California for RFP No. 012-2821-19/IT for Water Conservation Education Program in the estimated annual amount of$25,014. EXPLANATION OF REQUEST: Initial Agreement Term: 2 yrs from date signed by City Manager On December 12, 2018, the RFP for Water Conservation Education Program was advertised in the legal notices section of the Palm Beach Post and distributed to five hundred and twelve (512) prospective suppliers via the City's electronic bid management system. The RFP invited Proposers to provide a technical proposal for a turnkey educational program to teach upper-elementary and/or middle school students about water and energy conservation. The RFP required that the program would be delivered by the teacher in the classroom setting using a curriculum that supports current Florida education standards. Further, in addition to the classroom component, the program shall include the installation of at-home "conservation kits" and shall measure resultant energy and water savings. On January 14, 2019, Procurement Services received and opened three (3) proposals in response to the RFP, which was reviewed by Purchasing Services to ensure the proposals met the RFP's minimum requirements. All three (3) proposals submitted were determined to be responsive to the RFP's minimum requirements. An Evaluation Committee consisting of Rebecca Harvey, Sustainability Coordinator; Holly Daley, Chemist / Quality Assurance Officer; and Angela Prymas, Senior Engineer, Utilities, reviewed and ranked the three (3) proposals. The Evaluation Committee was unanimous in their decision to make a recommendation to City Commission to approve the ranking and award of the subject Agreement to the number one (1) ranked firm Tinker, LLC. The initial term of the Agreement is two (2) years commencing on date the Agreement is fully executed by the City Manager and may be renewed for three (3) additional one-year terms at the same terms, conditions, and prices subject to satisfactory performance, vendor acceptance, and determination that renewal will be in the best interest of the City. Previous actual expenditures for the water conservation education services paid by the City for the previous three-year period are as follows: 2018 = $19,197.45 2017 = $23,565.57 2016 = $39,360.00 HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? For several years, the City of Boynton Beach has sponsored an in-school conservation education program as part of its water conservation plan required by the South Florida Water Management District. The program teaches students, their teachers, and their parents about the importance of conservation through a classroom curriculum and the installation of a home conservation kit. Prior service providers have implemented the program to up to 1,000 5th grade students each year at elementary schools within the Boynton Beach Utilities service area. Program results are quantified in terms of water savings, energy savings, and knowledge gained. Page 22 of 1256 FISCAL IMPACT: Budgeted These services are included in the City's FY 18/19 Budget under line item#401-2821-536.95-43. ALTERNATIVES: Not accept the Committees' ranking; or Not to award and issue a new Request for Proposal. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description Resolution authorizing the City Manager to sign D Resolution Agreement with Tinker for Water Conservation Education Program D Agreement AGREEMENT- WATER CONSERVATION - TIN R TINKER D Attachment Tab Sheet D Attachment List of Respondents- Water Conservation Education Pgrn D Attachment Submittal - Tinker LLC D Bid ADVERTISED RIFP- WATER CONSERVATION EDUCATION PROGRAM D Bid Q&A to Advertised RFP- Water Conservation Page 23 of 1256 1 RESOLUTION NO. R19- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, APPROVING AND AUTHORIZING THE CITY 5 MANAGER TO SIGN AN AGREEMENT WITH TINKER, 6 LLC., OF ALAMO CALIFORNIA FOR RFP NO. 012-2821- 7 19/IT FOR WATER CONSERVATION EDUCATION 8 PROGRAM IN THE ESTIMATED ANNUAL AMOUNT OF 9 $259014.00; AND PROVIDING AN EFFECTIVE DATE. 10 11 12 WHEREAS, on January 14, 2019,Procurement Services received and opened three(3) 13 proposals in response to RFP No. 012-2821-193T and after reviewing the three (3) proposals 14 which were all determined to be responsive and met the RFP's minimum requirements, the 15 Evaluation Committee has recommended the project be awarded to Tinker,LLC., as the lowest, 16 responsive, responsible bidder; and 17 WHEREAS,the City Commission of the City of Boynton Beach upon recommendation 18 of staff, deems it to be in the best interest of the citizens of the City of Boynton Beach to award 19 the Agreement in response to RFP No. 012-2821-19/IT to Tinker, LLC., of Alamo, California 20 for Water Conservation Education Program in the estimated annual amount of$25,014.00 and 21 authorize the City Manager to sign the Agreement with Tinker, LLC. 22 NOW, THEREFORE,BE IT RESOLVED BY THE CITY COMMISSION OF 23 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 24 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed 25 as being true and correct and are hereby made a specific part of this Resolution upon 26 adoption. 27 Section 2. The City Commission of the City of Boynton Beach, Florida, hereby 28 approves and authorizes the City Manager to sign an Agreement with Tinker,LLC.,in response C:\Program Files(x86)\neevia.com\docConverterPro\temp\NVDC\E4D680DF-764E-4F87-81DD-EFAIA4A737B7\Boynton Beach.14770.1.Agreement for Water Conservation_(Tinker)_-_Reso.docx -1 - Page 24 of 1256 29 to RFP No. 012-2821-19/IT for a Water Conservation Education Program in the estimated 30 annual amount of$25,014.00, a copy of the Agreement is attached hereto as Exhibit"A". 31 Section 3. That this Resolution shall become effective immediately. 32 PASSED AND ADOPTED this day of , 2019. 33 CITY OF BOYNTON BEACH, FLORIDA 34 35 YES NO 36 37 Mayor— Steven B. Grant 38 39 Vice Mayor— Christina L. Romelus 40 41 Commissioner—Mack McCray 42 43 Commissioner—Justin Katz 44 45 Commissioner—Aimee Kelley 46 47 VOTE 48 ATTEST: 49 50 51 52 Judith A. Pyle, CMC 53 City Clerk 54 55 56 (Corporate Seal) C:\Program Files(x86)\neevia.com\docConverterPro\temp\NVDC\E4D680DF-764E-4F87-81DD-EFAIA4A737B7\Boynton Beach.14770.1.Agreement for Water Conservation_(Tinker)_-_Reso.docx -2- Page 25 of 1256 AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND PROGRAM PROVIDER THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to as "the City", and TINKER LLC. hereinafter referred to as"PROGRAM PROVIDER", in consideration of the mutual benefits, terms, and conditions hereinafter specified. 1. PROJECT DESIGNATION. The PROGRAM PROVIDER is retained by the City to perform professional services in connection with the RFP FOR WATER CONSERVATION EDUCATION PROGRAM; RFP No.: 012-2821-19/IT. 2. SCOPE OF SERVICES. PROFESSIONAL agrees to perform the services, identified in Section II —Scope of Services and attached hereto as Exhibit A. 3. TIME FOR PERFORMANCE. Work under this agreement shall commence upon written notice by the City to the PROGRAM PROVIDER to proceed. PROGRAM PROVIDER shall perform all services and provide all work product required pursuant to this agreement upon written notice to proceed. 4. TERM: This Agreement shall commence upon date fully executed by the City Manager. 5. PAYMENT: The City will pay the PROGRAM PROVIDER, the fees as set forth in Exhibit B, Fees and Payments, which is attached hereto and made a part hereof. These fees will be paid by the City for completed work and for services rendered under this agreement as follows, not to exceed a. Payment for the work provided by PROGRAM PROVIDER shall be made promptly on all invoices submitted to the City properly, provided that the total amount of payment to PROGRAM PROVIDER shall not exceed the total contract price without express written modification of the Agreement signed by the City Manager or her designee. b. The PROGRAM PROVIDER may submit invoices to the City once per month during the progress of the work for partial payment for project completed to date. Such invoices will be reviewed by the City, and upon approval thereof, payment will be made to the PROGRAM PROVIDER in the amount approved. c. Final payment of any balance due the PROGRAM PROVIDER of the total contract price earned will be made promptly upon its ascertainment and verification by the City after the completion of the work under this Agreement and its acceptance by the City. d. Payment as provided in this section by the City shall be full compensation for work performed, services rendered and for all materials, supplies, equipment and incidentals necessary to complete the work. e. The PROGRAM PROVIDER'S records and accounts pertaining to this agreement are to be kept available for inspection by representatives of the City and State for a period of three (3) years after the termination of the Agreement. Copies shall be made available upon request. 6. OWNERSHIP AND USE OF DOCUMENTS. All documents, drawings, specifications and other materials produced by the PROGRAM PROVIDER in connection with the services rendered under this Agreement shall be the property of the City whether the project for which they are made is executed or not. The PROGRAM PROVIDER shall be permitted to retain Page 26 of 1256 copies, including reproducible copies, of drawings and specifications for information, reference and use in connection with PROGRAM PROVIDER's endeavors. 7. COMPLIANCE WITH LAWS. PROGRAM PROVIDER shall, in performing the services contemplated by this Agreement, faithfully observe and comply with all federal, state and local laws, ordinances and regulations that are applicable to the services to be rendered under this agreement. 8. INDEMNIFICATION. PROGRAM PROVIDER shall indemnify, defend and hold harmless the City, its offices, agents and employees, from and against any and all claims, losses or liability, or any portion thereof, including fees and costs, arising from injury or death to persons, including injuries, sickness, disease or death to PROGRAM PROVIDER's own employees, or damage to property occasioned by a negligent act, omission or failure of the PROGRAM PROVIDER. 9. INSURANCE. The PROGRAM PROVIDER shall secure and maintain in force throughout the duration of this contract comprehensive general liability insurance with a minimum coverage of $1,000,000 per occurrence and $1,000,000 aggregate for personal injury; and $1,000,000 per occurrence/aggregate for property damage, and professional liability insurance in the amount of$1,000,000 per occurrence to $2,000,000 aggregate with defense costs in addition to limits; workers' compensation insurance, and vehicular liability insurance. Said general liability policy shall name the City of Boynton Beach as an "additional named insured" and shall include a provision prohibiting cancellation of said policy except upon thirty (30) days prior written notice to the City. Certificates of coverage as required by this section shall be delivered to the City within fifteen (15) days of execution of this agreement. 10. INDEPENDENT CONTRACTOR. The Professional and the City agree that the PROGRAM PROVIDER is an independent contractor with respect to the services provided pursuant to this agreement. Nothing in this agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither PROGRAM PROVIDER nor any employee of PROGRAM PROVIDER shall be entitled to any benefits accorded City employees by virtue of the services provided under this agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to PROGRAM PROVIDER, or any employee of PROGRAM PROVIDER. 11. COVENANT AGAINST CONTINGENT FEES. The PROGRAM PROVIDER warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the PROGRAM PROVIDER, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the PROGRAM PROVIDER, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the City shall have the right to annul this contract without liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. Page P of 1256 12. DISCRIMINATION PROHIBITED. The PROGRAM PROVIDER, with regard to the work performed by it under this agreement, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. 13. ASSIGNMENT. The PROGRAM PROVIDER shall not sublet or assign any of the services covered by this Agreement without the express written consent of the City. 14. NON-WAIVER. Waiver by the City of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other provision. 15. TERMINATION. a. The City reserves the right to terminate this Agreement at any time by giving ten (10) days written notice to the PROGRAM PROVIDER. b. In the event of the death of a member, partner or officer of the PROGRAM PROVIDER, or any of its supervisory personnel assigned to the project, the surviving members of the PROGRAM PROVIDER hereby agree to complete the work under the terms of this Agreement, if requested to do so by the City. This section shall not be a bar to renegotiations of this Agreement between surviving members of the PROGRAM PROVIDER and the City, if the City so chooses. 16. DISPUTES. Any disputes that arise between the parties with respect to the performance of this Agreement, which cannot be resolved through negotiations, shall be submitted to a court of competent jurisdiction in Palm Beach County, Florida. This Agreement shall be construed under Florida Law. 17. NOTICES. Notices to the City of Boynton Beach shall be sent to the following address: Lori LaVerriere, City Manager City of Boynton Beach P.O. Box 310 Boynton Beach, FL 33425-0310 Notices to PROGRAM PROVIDER shall be sent to the following address: TINKER LLC P.O. BOX 177 ALAMO, CA 94507 18. INTEGRATED AGREEMENT. This agreement, together with attachments or addenda, represents the entire and integrated agreement between the City and the PROGRAM PROVIDER and supersedes all prior negotiations, representations, or agreements written or oral. This agreement may be amended only by written instrument signed by both City and Professional. 19. PUBLIC RECORDS. Sealed documents received by the City in response to an invitation are exempt from public records disclosure until thirty (30) days after the opening of the Bid unless the City announces intent to award sooner, in accordance with Florida Statutes 119.07. The City is public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: Page 238 of 1256 A. Keep and maintain public records required by the CITY to perform the service; B. Upon request from the CITY's custodian of public records, provide the CITY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in chapter 119, Fla. Stat. or as otherwise provided by law; C. Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and, following completion of the contract, Contractor shall destroy all copies of such confidential and exempt records remaining in its possession once the Contractor transfers the records in its possession to the CITY; and D. Upon completion of the contract, Contractor shall transfer to the CITY, at no cost to the CITY, all public records in Contractor's possession All records stored electronically by Contractor must be provided to the CITY, upon request from the CITY's custodian of public records, in a format that is compatible with the information technology systems of the CITY. E. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: JUDY PYLE, CITY CLERK 3301 QUANTUM BLVD., SUITE 101 BOYNTON BEACH, FLORIDA, 33435 561-742-6061 PYLEJ@BBFL.US 20. SCRUTINIZED COMPANIES -- 287.135 AND 215.473 By execution of this Agreement, Contractor certifies that Contractor is not participating in a boycott of Israel. Contractor further certifies that Contractor is not on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has Contractor been engaged in business operations in Syria. Subject to limited exceptions provided in state law, the City will not contract for the provision of goods or services with any scrutinized company referred to above. Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to Contractor of the City's determination concerning the false certification. Contractor shall have five (5) days from receipt of notice to refute the false certification allegation. If such false certification is discovered during the active contract term, Contractor shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If Contractor does not demonstrate that the City's determination of false certification was made in error then the City shall have the right to terminate the contract and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time. Page 2�9 of 1256 DATED this day of 20 CITY OF BOYNTON BEACH TINKER LLC Lori LaVerriere, City Manager Signature of Authorized Official Printed Name of Authorized Official Attest/Authenticated: Title (Corporate Seal) Judy Pyle, City Clerk Approved as to Form: Attest/Authenticated: James A. Cherof, City Attorney Secretary Page :50 of 1256 EXHIBIT A SCOPE OF SERVICES 1. SCOPE OF SERVICES The City is seeking a turnkey educational program to teach upper-elementary and/or middle school students about water and energy conservation. The program shall be delivered by the teacher in the classroom setting using a curriculum that supports current Florida education standards. In addition to the classroom component, the program shall include the installation of at-home "conservation kits" and shall measure resultant energy and water savings. In prior years, the City has sponsored the program in 5th grade classrooms only, but contractors may propose alternate approaches or grade levels that they determine are best suited to their proposed curriculum. Based on the number of 5th grade students in the Boynton Beach Utilities service area in 2018, we estimate that the program will reach between 1,000 and 1,200 total students each year. The Scope of Services includes, but is not necessarily limited to, the following tasks and deliverables: A. DESIGN To develop a conservation education program that is customized to the City's needs, the Contractor will be responsible for the following: 1) Meet with the City's Sustainability Coordinator prior to program launch, to discuss objectives, timeline, alignment with City programs, and reporting requirements. 2) Develop educational content that meets the City's needs and reflects current Florida educational standards. The curriculum may consist of digital and/or print materials; shall include interactive, hand-on activities; and shall be implementable within the classroom setting in no more than 10 total classroom hours. 3) Develop customized conservation kits that include a variety of water-saving and/or energy-saving devices for home installation. B. DELIVERY The Contractor shall recruit participating schools and teachers, and coordinate delivery of program materials to participants, according to a timeline approved by the City. The Contractor shall be responsible for the following: 1) Work with the City to identify target schools and grade levels for program recruitment, based on the following preliminary list of schools within the Utilities service area: • Citrus Cove Elementary School • Congress Middle School • Crosspointe Elementary School • Forest Park Elementary School • Franklin Academy Charter School • Freedom Shores Elementary School • Galaxy Elementary School Page :1 of 1256 • Hidden Oaks Elementary School • Imagine Schools-Chancellor Campus • Poinciana Elementary STEM Magnet School • Rolling Green Elementary School • Saint Joseph's Episcopal School • SouthTech Preparatory Academy 2) Conduct outreach with schools and individual teachers to enroll participating classrooms. 3) Deliver program materials and conservation kits to the enrolled teachers. 4) Maintain contact with participating teachers to provide support throughout the program. C. RESULTS ASSESSMENT The program shall use surveys and knowledge assessments to collect data and measure program success. The Contractor shall be responsible for the following: 1) Administer a pre- and post- knowledge assessment of students. 2) Instruct students to install at-home conservation kits with their parents, and solicit feedback on the kits from both students and parents. 3) Administer a post-program evaluation survey of teachers. 4) Submit a final report to the City no later than July 31 following each contracted school year. At minimum, the report should contain the names of participating schools, number of students reached, a summary of curriculum content, projected water and energy savings, results of pre/post knowledge assessments, and results of evaluation surveys. 5) Meet with the Sustainability Coordinator after program completion to discuss its success and any future modifications to the program. THE REMAINDER OF THE PAGE IS INTENTIONALLY LEFT BLANK. Page 3S2 of 1256 EXHIBIT B FEES AND PAYMENTS REQUEST FOS$ PROPOSALS SAL FOR WATER C40N1 ERVATI N EDUCATION,PRW RAM RFP No�: 012- 21�iga COST PROPOSAL FORM F"mposers Must use this form fray'5ubmhnig gs cost Ftwosaj. 7be pica;wall be figsd and Arm and shouISI be fatly burdens to muds all hOces&afY e4wnents Such as b1A not limitedto r ,g n raal adMire' i pens 1, mileage, o n to , ill 01 services descriLied wxWt t pis sollicRation, FIEM UNIT'OF l i k®II�II _ Ih L COST 1,`tt STUDENTS er n Ed ion 12 X4.025 0g PER Sr P rn service YEM - 1,100TUE 'I' g � - PER CH Water Conservationbits 00 YEAR TOTAL ANNUAL E $_Ll,614.1 Tinker LL o E AUTHORIZED INA TU E TELEPHONE No, PIPJ D ME. —WOAIIMghr din grars, en President ®E IL AJ)DRESS ME TE 11S PAGe TO BE S5U FOR P P E,To BE,_:,ONSIDE .2 COMnEIR AND ACCEPTABLE. RFP No.01 - '1-1; T' Page :'3 of 1256 S LO N 0 � q ¢ 2 n E \ \ { 7 7 7 7 7 7 \ 7 7 \ 7 § 7 \ \\ \cs oo } � om 0 f IL - - IL - q E E " ) §/ 0 _ a { \ { { \ _® _ - - o WE Z.) rr ;� ! Pf B § § \§_ EM _ _ _ 2 _ % § - _ - \! . _ _ _ Cl) �\ § ) \ ( )z \� q C) - e _ \) - z& / ( § \ )/ - _ _j )� �: : _ J [(( \ \ \ \ \\ (\ \ \\ \\ \\ \\ \ \ \\ \ \\ The City of Boynton Beach Finance/Procurement Services I Al P.O. Box 310 ' Boynton Beach,Florida 33425-0310 Telephone: (561)742-6310 FAX. (561)742-6316 REQUEST FOR PROPOSALS RFP No.: 012-2821-19/IT WATER CONSERVATION EDUCATION PROGRAM SOLICITATION ISSUE DATE: DECEMBER 12, 2018 SOLICITATION DUE DATE: JANUARY 14, 2019 # OF PROPOSALS SUBMITTED: 3 This list is intended to provide preliminary information regarding the proposals received by the solicitation opening deadline. LIST OF PROPOSERS (IN ALPHABETICAL ORDER) 1. KIDOLOGY ENTERPRISES 2. RESOURCE ACTION PROGRAMS 3. TINKER, LLC. Opened by: (lyse Triestman, 1/14/19 Witnessed by: Eric Marmer, 1/14/19 Page 35 of 1256 �t - TINKER ENERGY + WATER EDUCATION PROGRAMS Ms. Ilyse Triestman January 10, 2019 Purchasing Manager City of Boynton Beach Procurement Services 3301 Quantum Blvd., Suite 101 Boynton Beach, FL 33426 RE: RFP NO. 012-2821-19/IT—WATER CONSERVATION EDUCATION PROGRAM Dear Ms. Triestman, We wanted to take a moment to express our sincere appreciation and gratitude for the opportunity to submit a proposal to deliver your Water Conservation Education Program. Through our work with the City in 2017 and 2018, we recognize the importance of providing customers with the education and assistance necessary to make choices that will result in responsible long-term water use. At Tinker, our mission is to contribute to a sustainable environment by providing our youth with the tools to build a foundation for a lifetime of responsible water and energy use. We achieve this through a technology rich educational curriculum combined with water conservation kits provided to fifth grade students. To support the City's water conservation education efforts, we propose Tinker's digital science- based 5th grade curriculum designed to teach students about water and how to use it responsibly. Tinker's program is designed as a turnkey program. We conduct all recruiting activities and provide all materials and services to successfully implement the program in the schools you serve. Delivered by the classroom teacher, the curriculum fits seamlessly within the current classroom setting. Materials are aligned to support federal and state education standards, feature engaging digital content, and hands-on activities. The teacher will access an on-demand lesson training module using resources from our on-line platform, or Web App. Armed with the information learned from the training, the teacher delivers the curriculum through five to eight unique classroom lessons. Each lesson includes resources such as streaming video content, on-line assessments, virtual labs and more. The curriculum is particularly engaging for this generation of student, because it is fun, easy to use and can demonstrate concepts in ways print curriculum simply cannot. To support classroom activities, the Web App includes on-line portals designed specifically for students and parents. Each portal disseminates relevant information to the user and offers the City additional engagement opportunities. This only furthers the program's ability to effect change. Tinker LLD 1 1451 Danville Blvd., Ste 101 1 Alamo, DA 94507 1 tinkerprograms.00m 1 800.292.9054 Page 36 of 1256 Tinker LLC Water Conservation Education Program Proposal During the final lesson, "At Home", each student is given a water conservation kit containing home water saving devices. Using the kit, the student completes homework exercises that include: • measuring the water usage of current home water use devices • retrofitting home water use devices with the high efficiency devices from their kit • measuring the post-installation water use of the high efficiency devices from their kit • developing a pledge to make small changes to the way they use water, consume energy and dispose of waste • writing a letter to their parents encouraging them to support water conservation and sustainability in their home and community At the close of the program, data from simple assessments completed at different phases of program implementation is analyzed and provided in a final report to the City. The report summarizes program activities as well as success metrics such as knowledge gained and projected water savings from the kit installation. We are very enthusiastic about the opportunity to support the City as you consider providing students and their parents with an effective water education program. We hope you are delighted with our digitally based education model and find it as exceptional as we do! Please consider the following advantages of selecting Tinker LLC. • Project Experience: Tinker LLC has the project experience to successfully implement the City's Water Conservation Education Program, having implemented several Water Conservation Education Programs in Florida communities including on behalf of the City in 2017 and 2018. We encourage the evaluation team to contact our client references to review our performance for them. • Knowledge and Project Understanding: Tinker LLC has thoroughly reviewed the Request for Proposal, understands the City's dedication to expanding water conservation awareness, and we are ready begin work. • Commitment: Tinker LLC is committed to serving the City proactively, effectively and in a professional manner. We are committed to working with Florida municipalities providing solutions to water, energy and sustainability education, and to completing projects on time, within budget and to your complete satisfaction. Again, thank you for your time reviewing our proposal. We look forward to the opportunity to work with the City on this project and as your preferred vendor for years to come. Cher , Joseph Thrasher President Tinker LLC 1451 Danville Blvd., Ste 101 Alamo, CA 94507 Page 2 Page 37 of 1256 Tinker LLC Water Conservation Education Program Proposal Table to is Tab 2—Statement of Organization.....................................................................................................4 Tab3—Minimum Requirements........................................................................................................6 Tab 4—Proposed Scope of Services/Implementation.......................................................................7 1. The Respondent shall describe its implementation plan and approach, including program design, delivery, and assessment of results. ..........................................................................................................7 Approach...............................................................................................................................................7 ImplementationPlan.............................................................................................................................9 Phase1: Launch................................................................................................................................9 Phase 2: Classroom Implementation...............................................................................................14 Phase 3: Assessment and Reporting................................................................................................16 2. The Respondent shall detail its unique expertise and resources that provide advantages to the firm's approach and execution................................................................................................................20 3. The Respondent shall provide a schedule for implementation within the 2018-2019 and subsequent school years..........................................................................................................................23 Tab 5—Qualifications and Experience...................................................................................................25 1. The Respondent shall describe its qualifications and demonstrated experience with services of this scale and similar complexity...................................................................................................................25 2. The Respondent shall describe the expertise and experience of personnel assigned to project, including resume of project manager within the past three (3)years. ....................................................27 3. The Respondent shall provide sample materials to demonstrate its success in previously implementedsimilar programs................................................................................................................30 Tab6—References....................................................................................................................................31 The Respondent shall provide references for similarly successful projects from at least three governmental agencies (or regional districts), including the name of the agency, contact name, telephone, fax and email address. ...........................................................................................................31 Tab7—Cost Proposal...............................................................................................................................32 The City of Boynton Beach requests that the firms interested in responding complete the Cost Proposal Form attached herein. Provide a unit fee amount(per student) and an annual amount for the proposed services outlined in the Scope of Work. Please include all expenses in the unit and annual amounts...32 Tab8—Submittal Forms..........................................................................................................................33 Page 3 Page 38 of 1256 Tinker LLC Water Conservation Education Program Proposal Tab 2— Statement of Organization A. Legal contracting name including any dba. Tinker LLC B. State of organization or incorporation. California C. Ownership structure of Respondent's company. Limited Liability Corporation D. Federal Identification Number. 32-0448444 E. Contact information for Respondent's Corporate headquarters: Physical Address Mailing Address Tinker LLC Tinker LLC 1451 Danville Blvd., Suite 101 P.O. Box 177 Alamo, CA 94507 Alamo, CA 94507 Ph: 800-292-9054 Ph: 800-292-9054 F. Contact information for Respondent's Local office (if any). N/A G. List of officers, owners and/or partners, or managers of the firm. Include names, business addresses, email addresses, and phone numbers. Joseph Thrasher Katharine Thrasher Owner Owner (925) 208-4497 (925) 208-4497 Joe.thrashergtinkerprograms.com Katie.thrashergtinkerprograms.com 1451 Danville Blvd., Suite 101 1451 Danville Blvd., Suite 101 Alamo, CA 94507 Alamo, CA 94507 H. Any additional organizational information that Respondent wishes to supply to augment its organizational structure. N/A I. Contact information for Respondent's Primary representative during this RFP process. Page 4 Page 39 of 1256 Tinker LLC Water Conservation Education Program Proposal Joseph Thrasher President (925) 208-4497 Joe.thrashergtinkerprograms.com 1451 Danville Blvd., Suite 101 Alamo, CA 94507 J. Contact information for Respondent's Secondary representative during this RFP process. Kim Ryle Manager— Client Relations (925) 263-9183 kim.rylegtinkerprograms.com 1451 Danville Blvd., Suite 101 Alamo, CA 94507 K. Briefly summarize any potential conflicts of interest, pending or current litigation relating to the performance of requested surveying services in which Respondent is party to. Disclose any circumstance where the conduct of the Respondent is being investigated or has had an adverse determination by any legal or administrative body. N/A L. Provide details of any ownership changes to Respondent's organization in the past three years or changes anticipated within six months of the Due Date and Time (e.g., mergers, acquisitions, changes in executive leadership). N/A Page 5 Page 40 of 1256 Tinker LLC Water Conservation Education Program Proposal Tab 3—Minimum Requirements Each respondent shall submit information and documentation requested that confirms it meets the following qualification requirement(s): a. Must be registered with the States of Florida, Division of corporations to do business in Florida. Our registration has been submitted and is pending approval. Page 6 Page 41 of 1256 Tinker LLC Water Conservation Education Program Proposal Tab 4—Proposed Scope of Services /Implementation 1. The Respondent shall describe its implementation plan and approach, including program design, delivery, and assessment of results. Approach Reaching students and teaching them about water conservation and efficiency is critical to long- term, resource sustainability. Not only do school education programs provide students with information to form life-long habits regarding sustainability and the importance of efficient use of natural resources, students also take the message home to parents to affect change today. In response to the digital world in which today's students are comfortable, Tinker has developed a program that lends itself to real-time information, and the flexibility to make content changes quickly. Our turnkey Water Conservation Education Program offers an environmentally responsible, technology-based program model that targets 5'grade students and their teachers. The program provides teachers with a water conservation curriculum using an online software platform or Web App that engages teachers and students, bringing the focus on water savings from schools to each student's family. The Web App includes exciting, digital curriculum that teachers can customize to the specific learning needs of each student. The program's goals are to: • Provide the City's youth with basic knowledge that will result in a lifetime of responsible water use • Generate immediate water savings through the distribution of a water conservation kits and lessons that encourage students and their parents to install the water efficient products • Cross promote the City's other residential program offerings to increase participation • Improve and capture water efficiency behaviors by: o Tracking the installation of kit measures o Integrating behavior change strategies through competitions, pledge programs, and mobile technologies • Reduce the impacts on natural resource consumption, and contribute to a reduction in the emissions of greenhouse gases (GHGs), through online delivery of program curriculum Tinker offers end to end implementation services so you can participate as much or as little as you prefer. Our services include: • Complete program management • Customization of all participant resources • Identification and recruitment of local teachers • Real-time tracking& reporting of all program actions Page 7 Page 42 of 1256 Tinker LLC Water Conservation Education Program Proposal • Soliciting participant feedback • Final reporting including savings projections • Any associated resources needed to participate. Once teachers enroll in the program, we use the Web App to provide teachers with creative hands-on classroom, and in-home education projects that encourage families to adopt better water usage habits and install the water efficiency measures found in the water conservation kit. This platform engages teachers and students, bringing the focus on water savings from schools to each student's family. It contains exciting, digital curriculum that teachers can customize to the specific learning needs of each student Each student will receive a water conservation kit containing easy to install water efficiency measures. We will process kit requests quickly and efficiently, using integrated software solutions that optimize our supply chain and fulfillment processes and allow us to easily track the measures installed. Fostering competition is a powerful educational and motivational strategy. We will utilize classroom competitions to increase installation rates of kit components. Example: a competition, where students post pictures of the product installed in their homes. Finally, students will use the program's online portal to educate themselves, and encourage their parents to adopt water-efficient behaviors. Parents and students can pledge to save water, opt for digitally delivered water efficiency tips and strategies, stream video content depicting their peers conducting water efficiency activities, view the City's other residential program offerings, and provide feedback on the program. During the final phase of our operational plan, we will ask teachers and parents to provide feedback on the program via online surveys. Moreover, we will continue to engage teachers, students, and parents with water efficiency messaging designed to change energy use behaviors at home. The City will receive a final report that includes a complete description of the program and summarizes all outcomes, including projected water and energy savings. Finally, we will follow up with teachers and parents to encourage future participation in this, and other City programs. Page 8 Page 43 of 1256 Tinker LLC Water Conservation Education Program Proposal Implementation Plan The successful administration of the Water Conservation Education Program is guided by Tinker's proven implementation plan. The program operates in three distinct phases: Phase 1: Launch 1.1 Identify Eligible Schools 1.2 Program Customization 1.3 Contest and Grant Programs 1.4 Water Conservation Kits 1.5 Educational Materials 1.6 Materials Production Phase 2: Classroom Implementation 2.1 Teacher Outreach& Enrollment 2.2 Materials Assembly & Shipment 2.3 Program Delivery 2.4 Teacher Confirmation& Support Phase 3: Assessment& Reporting 3.1 Data Collection 3.2 Assessment 3.3 Participant Feedback 3.4 Projected Water and Energy Savings 3.5 Program Tracking 3.6 Reporting Phase 1: Launch 1.1 Identify Eligible Schools Tinker LLC will research, identify, and recruit 5'grade teachers and students at schools approved by the City. If the City does not have a list of schools available, Tinker can research schools defined by a list of zip codes or service area map supplied by the City. The City is free to identify any specific areas to target for outreach and program participation. 1.2 Program Customization Tinker LLC will customize the program to incorporate the City's desired messaging and branding. This includes printed and digital material customization, incorporation of any PR objectives, integration of any additional residential water conservation programs, and including additional questions within assessments to meet additional reporting requirements. Digital Page 9 Page 44 of 1256 Tinker LLC Water Conservation Education Program Proposal samples or mock-ups of the modified materials will be sent to the City for review and approval prior to production. Upon receipt of final approval, materials will be produced in preparation for shipment to enrolled classrooms. 1.3 Contest and Grant Programs A fun component of the Water Conservation Education Program are the various contests and grants available to participating teachers, students and their families. These include: Students Photo Contest: Students can text a picture of the installed showerhead or aerators with the word CONSERVE to 63566 for a chance to win a FitBit Charge. Video Contest: Students can create a short 2 to 3 minute video about water conservation for a chance to win an iPad mini. Videos can be uploaded through the Tinker web app. Teachers Through the program teachers are afforded the opportunity to earn a $50 mini grant for classroom materials. To earn the mini grant 75% of the teacher's students must complete the on-line questionnaire. 1.4 Water Conservation Kits Each student and teacher participating in the Water Conservation Education Program receives a take home Water Conservation Kit. The kit is full of tools and retrofit devices that contribute to immediate water savings at home. Each kit is delivered in a color kit box. The kit box is branded with the Boynton Beach logo and carries any message related to water conservation that may be desired. Each water conservation product is nestled in a 100% recycled corrugated tray. QR codes are directly printed on the box and are used to access on-line product installation videos. Each kit contains the following items: • Showerhead. 1.5 GPM/Watersense certified • Kitchen Faucet Aerator. 1.5 GPM, dual function, swivel • Bathroom Faucet Aerator. 1.0 GPM • Water Flow Rate Bag • Toilet Leak Detector Tablets • Outdoor Watering Gauge • Any additional information the City would like to include Page 10 Page 45 of 1256 Tinker LLC Water Conservation Education Program Proposal 1.5 Educational Materials The Water Conservation Education Program is designed to be delivered and taught by the classroom teacher. Teachers receive a complete set of program materials to facilitate and support instruction to students. A variety of expertly developed materials educate about water conservation and encourage water conservation behaviors while supplementing the science and math curriculum already taught in the classroom. Most materials are delivered digitally through an online Web App providing convenient and instant access by making materials available with just a few simple steps. Digital Materials Educators across the country have identified the need for"...integration of technology in education to increase the effectiveness of education infrastructure, train students of varying abilities and backgrounds and prepare a workforce possessing skills meeting and exceeding those required in today's global marketplace."" While supporting this need, we have found digitally delivered water conservation curriculum to be particularly engaging because it is fun, easy to use and can demonstrate water conservation concepts in ways print curriculum cannot. Using technology allows students to explore beyond the standard curriculum, giving them a platform to ask additional questions as they arise. For the utility we increase engagement opportunities furthering the program's ability to effect change. Our Web App clearly organizes and disseminates materials in three distinct portals; Teacher Portal, Student Portal, and Parent Portal. Teacher portal. The teacher portal is designed in a clearly structured usable format, making implementation easy for new, as well as, veteran teachers. The teacher portal includes: • Unit Plan. Resource for teachers to plan. • Teacher Tutorials. On-demand training content to guide teachers through the program. • Documents. Digital repository to view or print program materials. • Evaluation. Teacher Program Evaluation. • Frequently Asked Questions (FAQs). FAQs for teachers. • Classroom Lessons. Each classroom lesson comes complete with: • Classroom teaching resources • Streaming video content • Teacher demonstration activity • Hands-on student classroom activity • Vocabulary activity • Student assessment • Education standards supported within the lesson CaliforniaCouncil on Science and Technology,Innovateto Innovation(i2i)report,February 2011. Page 11 Page 46 of 1256 Tinker LLC Water Conservation Education Program Proposal Student portal. The student portal is designed to support the lessons taught in the classroom. The student portal includes: • Checklist. Step by step checklist to complete the homework associated with the"At Home" lesson. • Online video. Access to online video content that demonstrates the installation of the products found in the Water Conservation Kit. • Student Questionnaire. Access to the Student Questionnaire required to be completed at the close of the program. • Photo Contest. Information about the Student Photo Contest. • Video Contest. Ability to register and submit the student developed video for the video contest. • Additional Water Conservation Program Integration. Information and access to any other Water Conservation Programs promoted by the utility. Parent portal. The Parent Portal provides relevant materials for families of students participating in the program. It can be hosted in multiple languages, contains custom adult education content, parent feedback forms, redirects to utility web pages and can include streaming content from the utility website. It is built to match content and messaging from the utility. The parent portal includes: • Multiple Languages. The parent portal can be published in multiple languages. • Program Evaluation. Parent Program Evaluation. • Online video. Access to online video content that demonstrates the installation of the products found in the Water Conservation Kit. • Learn More. Link to additional Water Conservation tips or programs. • Test Your Knowledge. Quiz for parents to test their knowledge of water conservation. Print Materials To support the digital materials teachers and students are provided a set of printed material. Print materials are delivered directly to the classroom with the classroom set of Water Conservation Kits and include: • Teacher Edition Program Guide. One for each teacher. The Teacher Guide provides teachers with: • Step by step guide to completing the program • Direction to access the web app • Print copies of the online activities. • Teacher Lesson Kit. This contains all the resources needed to complete the classroom activities. Page 12 Page 47 of 1256 Tinker LLC Water Conservation Education Program Proposal • Classroom set of letters to parents. Provided in multiple languages this letter explains the program and encourages parents to become active participants in their child's education. • Classroom set of student workbooks. Used to support classroom lessons. The book Pledge Templates. At the conclusion of the program students write a letter to their parents pledging to make changes in water use habits based on what they learned in the classroom. The pledge is signed by the parent(s) and serves as the guide for changing water use behavior at home. 1.6 Materials Production Upon receipt of final approval, materials will be produced in preparation for shipment to enrolled classrooms. Completed print materials and Take-Home Water Conservation Kits will be held for direct distribution to classes based on their preferred implementation timing. Page 13 Page 48 of 1256 Tinker LLC Water Conservation Education Program Proposal Phase 2: Classroom Implementation 2.1 Teacher Outreach & Enrollment Tinker LLC will make direct contact with individual eligible teachers, using a variety of communication tools to introduce the program and collect enrollment commitments. Our strategy includes: • Identification. We identify the schools that are served by the utility • Targeting. We recruit each teacher individually from approved schools • Data Mining. We collect all data related to our targeted teacher. This includes phone, e- mail address, bell schedule, prep period etc... • Careful Timing: Conducting outreach activities on a day and during a specific time in which teachers will typically respond • Unique Messaging. Our message is designed specifically for teachers. This includes: • Education Standards. Emphasizing education standards supported by the program • Social Acceptance. Including information about participating colleagues • Language. Incorporating words/terms uniquely used by educators • Referral Program. For teachers who encourage their colleagues to participate • Various Channels. We conduct outreach through various channels such as; digital (e-mail & web), telephone, and U.S. Mail When committing to implementing the program, teachers indicate the number of students that intend to participate and the date in which they expect to begin. We verify school eligibility and confirm enrollment with the teacher. 2.2 Materials Assembly & Shipment Tinker LLC will ship printed materials and Kits to the enrolled classrooms. The quantity of materials sent is based upon the teacher's verbal or written confirmation of the number of students enrolled. Materials are scheduled to arrive two weeks prior to the date teachers indicated they'd like to start the program. This gives teachers the opportunity to substantially review the content prior to beginning. 2.3 Program Delivery Upon receipt, the curriculum is administered by the teacher. The program material is designed to integrate and supplement the science and math curriculum already taught in the classroom while supporting federal and state education standards. Teachers are the ideal choice to deliver the program because they: • are highly qualified to deliver program content Page 14 Page 49 of 1256 Tinker LLC Water Conservation Education Program Proposal • know their students' learning style (e.g., visual, auditory or kinesthetic) and can adapt the program content to successfully reach each student • possess a fundamental understanding of basic program content because grade level education standards dictate that teachers must incorporate similar content into their own lesson plans All resources needed to complete program are provided including on-demand teacher training. Most materials are delivered online which provides convenient and instant access making materials available with just a few simple steps. This increases engagement opportunities furthering the programs ability to affect change. During the final lesson, "At Home", each student is given a water conservation kit containing home water saving devices. The student then completes homework exercises that give families the opportunity to immediately begin saving water and to identify long-term responsible water use habits. These exercises include: • measuring the water usage of current home water use devices • retrofitting home water use devices with the high efficiency devices from their kit • measuring the post-installation water use of the high efficiency devices from their kit • developing a pledge to make small changes to the way they use water, consume energy and dispose of waste • writing a letter to their parents encouraging them to support water conservation and sustainability in their home and community The data collected during the homework exercises is recorded in an online student questionnaire. 2.4 Teacher Confirmation & Support Tinker LLC will contact participating teachers at various times throughout the program to confirm they received their materials and are provided support. Once the initial classroom lessons are completed, participating teachers are sent monthly e-mails with new lessons that incorporate water conservation topics but align to education standards in subjects outside of science and math. This will help keep water conservation in the forefront of the students' learning experience. This simple yet subtle resource will increase persistence and create an already engaged teacher base for the utility to utilize whenever school-based education is needed. Page 15 Page 50 of 1256 Tinker LLC Water Conservation Education Program Proposal Phase 3: Assessment and Reporting 3.1 Data Collection Tinker LLC will collect data through Tinker's Web App. Teachers, students and parents are all prompted to complete assessments and survey's during the implementation of the program. Teachers will also receive a self-addressed, postage paid envelope to use for returning "Thank- you Letters" from students. 3.2 Assessments During the Water Conservation Education Program, assessments are administered at various points to measure learning for each student. A baseline assessment is administered at the beginning of the program, a lesson assessment is administered at the close of each lesson and a full program assessment is administered at the conclusion of the program. Using data collected during these assessments, we can estimate the growth in the water conservation knowledge amongst participating students. The table below contains our estimate of knowledge growth within water conservation topics for participating students. This estimation was based on data collected from Boynton Beach students during the 2017-2018 school year. 3.3 Participant Feedback Upon the conclusion of the program, teachers, students and parents are asked to complete an evaluation of the program. Evaluations are submitted via the Web App. The information Page 16 Page 51 of 1256 Tinker LLC Water Conservation Education Program Proposal gathered in these evaluations are carefully reviewed and used to improve the program year over year. In addition to evaluations, participant letters are encouraged. Letters come from teachers, students and parents. Below you will find a letter from a Boynton Beach teacher who previously participated in a traditional Water Conservation Education Program then participated in a Tinker Program. XG GREEN..�.,t EL EMENTARY . it , fl son '1 a renin -'Aare, Lynn C .to ,A TITLE I SCHOOL [dear City of Boynton Beach, Thank you for the honor of implementing the Waterwise program to the Sth grade students at Rolling Green Elementary`. As I am sure you are well aware that the water cycle is part of the 5'grade science curriculum.My students are very familiar with how the cycle works but unfortunatelymany times they do not realize how Important it I to conserve water and keep our water safe.The Waterwise program is a furl and hands-on way for them and their families to Darn about water conversation. Every year l look forward to presenting the program to my class.It was good in the past.This year with the revised program it is amazing.I love the new look and bag to recycle instead of the box.The online training and Po erPoints were very helpful.The students enjoyed it more this year.I had a lot more families working on the installations together..My co-workers expressed how much easier it was to teach a subject they were less familiar with. I would like to encourage you to continue this wonderful educational program.it benefits many families in our community.Thank you again Grateful, ' Angela Painter Rolling Green Elementary 51h Grade'Science teacher 550Miner Road Boynton Beach,FL 33435 ,t'el:561-202-9500 a :5 1« -95541 Rolling Green Elementary.. ROARing with pride Page 17 Page 52 of 1256 Tinker LLC Water Conservation Education Program Proposal 3.4 Projected Water and Energy Savings During the final lesson, "At Home", each student is given a water conservation kit containing home water saving devices and completes homework exercises that include: • measuring the water usage of current home water use devices • retrofitting home water use devices with the high efficiency devices from their kit • measuring the post-installation water use of the high efficiency devices from their kit The data generated while completing the homework exercises, as well as general household information is recorded in an online student questionnaire. The collected data is analyzed and used in conjunction with independently verified assumptions to forecast potential water and energy savings. Savings are forecasted using the EPA Watersense specification algorithms. 3.5 Program Tracking To accurately track all program actions, we employ a state-of-the-art tracking system. All program actions and interactions are digitally recorded in real-time. This includes outreach activities such as: • How many times an eligible school has been contacted • Schools enrolled • Schools that have completed the program • Pipeline of enrolled schools Because our solution is delivered via Web App we use advanced analytics software to capture all participant interaction within the Web App with absolute certainty. Actions are reported in real- time and are analyzed to provide insights into program activities. This includes: • Time and frequency a teacher delivers lesson • Level of parent participation by classroom • Leads generated in other City promoted residential programs • Teachers that are implementing the program • Lessons that are used most frequently • Length of time spent in the Web App • Those teachers that are not active within the Web App Analysis of the data allows for: • Targeted follow-up of low performing schools, ensuring goals are met. • Proactive participant engagement based on actions. • Warm leads for additional City promoted residential programs. Page 18 Page 53 of 1256 Tinker LLC Water Conservation Education Program Proposal 3.6 Reporting All program actions and interactions are digitally recorded in real-time ensuring teachers are implementing the program in the Classroom. Realtime data is made available through our online client dashboard. Program data can be viewed at any time just by logging in. If the data desired is not available on the dashboard the City can request an ad-hoc report at any time. Moreover, Tinker LLC will prepare a Final Program Report presenting information on program participants, implementation steps and data collected. The Final Program Report will be prepared at the end of the school year and provided to the CITY in July of each calendar year. Page 19 Page 54 of 1256 Tinker LLC Water Conservation Education Program Proposal 2. The Respondent shall detail its unique expertise and resources that provide advantages to the firm's approach and execution. Tinker's unique approach offers a number of advantages to the City as well as program participants. These include: 1. Our Lessons. Crowdsourcing Lesson Development. All of our lessons are crowdsourced through current classroom teachers. This model affords advantages such as: o Lesson design incorporates the most current technology available online and in the classroom o Current water issues are incorporated o Social acceptance amongst teachers. Teachers are more likely to adopt lessons written by their colleagues versus a former teacher that has not been in the classroom for a few years 2. Engagement. Online Platform or Web App. Greater program participation driven by our online platform (Web App) because: o Available within the medium in which people are accustomed to spending time o Advanced analytics software to capture all participant interaction within the Web App with absolute certainty. Actions are reported in real-time and are analyzed to provide insights into program activities. This allows Tinker to deliver: ■ Targeted follow-up of low performing schools, ensuring goals are met. ■ Warm leads for additional residential programs ■ Maximized engagement by adjusting messaging in real-time Flexibility in real-time. Ability to adjust lessons or messaging in real-time to maximize engagement Alternative Engagement Opportunity. Opportunity to provide further engagement and opportunity beyond initial program participation Real-time Tracking. Robust and real-time tracking and reporting of all program actions 3. Cost. Lower program costs due to the Web App that replaces many paper-based documents 4. Experience Our experience in Florida. Tinker LLC currently works with utilities and schools in many different geographic areas in Florida. This affords us advantages such as: o An understanding of water in Florida. Page 20 Page 55 of 1256 Tinker LLC Water Conservation Education Program Proposal o An understanding of the role of the Water Management Districts. o A deep understanding of current Sunshine Standards and changes considered for the future Teachers. During the spring of 2017 and 2018, 5th grade teachers at Boynton Beach schools implemented our program. Advantages include: o Relationships. Our current relationship with teachers gives us the ability to tap into the expertise of the 5th grade teachers within the City's service area who deliver curriculum daily, understand their audience, and have direct relationships with families o Satisfaction. Here is what a few teachers had to say about our program: "I loved the numerous opportunities to incorporate technology into instruction, including the virtual soil lab, video clips, and QR Codes. My kids were so excited to help their families save money and really seem to be more cognizant of how much water they are using when washing their hands, getting a drink, etc. They even made the connection between all the rainfall this past week and how people should be able to cut down on watering their lawns since we already have our"1 inch for the week." Joe has been a pleasure to work with and always responds quickly to any questions or requests. Thanks!" Mrs. Painter 5th Grade teacher Rolling Green Elementary "I have participated in water conservation programs with my class in the past and this year has been the most successful. I truly believe this is because of the addition of interactive activities provided for the students in the workbook as well as the virtual lab in Lesson 2. My class loved exploring more about efficiency and conservation using the QR Codes with our iPads. Simply varying the presentation of information to kids can make a world of a difference." Mrs. Potenza 5' Grade teacher Galaxy G3 Elementary Page 21 Page 56 of 1256 Tinker LLC Water Conservation Education Program Proposal "I really like how science and math are incorporated and the nice kits are good motivation for the students to do the activities." Mr. Pikuza 5' Grade teacher 5. Program Outcomes. Forecasted Savings. Through our unique program format students install their products at a higher rate than a traditional program. The table below shows the installation rate of products from Boynton Beach families participating in the Spring 2018 Tinker Water Conservation Education Program: 72% of students reported installing the showerhead 67% of students reported installing the kitchen aerator 65% of students reported installing the bathroom aerator When this data is plugged into the EPA's Watersense algorithm used to forecast savings, the result is higher than the average Water Education Program. Increased Knowledge. To identify the baseline knowledge of water concepts, students complete a pre-assessment prior to beginning the program. At the close of the program students completed a post-assessment. The results are used to determine if the lessons were effective thus resulting in a net gain of knowledge of water concepts. The outcome of the Spring 2018 Boynton Beach program is below: Results of the PRE Assessment: on the Average students correctly answered 5.62 out of 12 questions IN the baseline student assessment prior to beginning the program Results of the Post-Assessment: on the Average students correctly answered 9.84 out of 12 questions IN the POST student assessment after completing the program Outcome: after participating in the program, students nearly doubled their water knowledge by correctly answering 4.22 more questions over the baseline. DEMOSTRATING a 75%increase in water knowledge Page 22 Page 57 of 1256 Tinker LLC Water Conservation Education Program Proposal 3. The Respondent shall provide a schedule for implementation within the 2018-2019 and subsequent schoolyears. Timeline Spring 2019 Phase 1: Launch February 2019 -March 2019 o Branding information provided by City of Boynton Beach Utilities o Teacher and student incentive program developed o Print& digital materials published o Water conservation kits built for distribution o Quality control checks performed on all materials & kits o School contact information identified Phase 2: Classroom Implementation March 2019 -May 2019 o Teacher& schools introduced to the program o Participation commitments collected o Access to digital materials granted o Print materials shipped o Water Conservation Kits shipped o Contact with teachers to confirm delivery o Periodic contact with teachers based on implementation progress o Collection of all assessments & surveys o Evaluation of data collected Phase 3: Assessment& Reporting May 2019 - June 2019 o Program closed to participation o Program data compiled and analyzed o Final report developed and delivered Page 23 Page 58 of 1256 Tinker LLC Water Conservation Education Program Proposal Timeline School Year 2019-2020, 2021-2022, 2023-2024, 2024-2025 (XX represents subsequent year) Phase 1: Launch October 2019(XX) -March 2020(XX) o Branding information provided by City of Boynton Beach Utilities o Teacher and student incentive program developed o Print& digital materials published o Water conservation kits built for distribution o Quality control checks performed on all materials & kits o School contact information identified Phase 2: Classroom Implementation March 2020(XX) -May 2020(XX) o Teacher& schools introduced to the program o Participation commitments collected o Access to digital materials granted o Print materials shipped o Water Conservation Kits shipped o Contact with teachers to confirm delivery o Periodic contact with teachers based on implementation progress o Collection of all assessments & surveys o Evaluation of data collected Phase 3: Assessment& Reporting May 2020(XX) - June 2020(XX) o Program closed to participation o Program data compiled and analyzed o Final report developed and delivered Page 24 Page 59 of 1256 Tinker LLC Water Conservation Education Program Proposal Tab 5— Qualifications and Experience 1. The Respondent shall describe its qualifications and demonstrated experience with services of this scale and similar complexity. We have experience implementing similar program over the last several years with several Florida municipal utilities including the City. Below you'll find a brief description of select programs • City of Boynton Beach (Florida). Tinker LLC was first selected to implement the Water Conservation Education program during the 2016-2017. The purchase order was issued in mid to late spring thus only providing teachers with a small window in which to implement the program. The program resulted participation of 943 5th grade students during the spring. During the 2017-2018, the City once again selected Tinker LLC to implement the program. The purchase order was issued in mid to late spring thus only providing teachers with a small window in which to implement the program. The program resulted participation of 527 5th grade students during the spring. • Orange County Utilities (Florida). Tinker LLC was selected to implement the 2017-2018 Water Conservation Education Program for middle school and high school. The program resulted in the participation of: 0 789 middle school students 0 222 high school students In the fall of 2018, Tinker LLC was selected to provide the Water Conservation Education Program for elementary, middle and high schools. The program is currently in implementation. Current participation figures are as follows: 0 1038 elementary school students 0 980 middle school students 0 159 high school students • City of Clearwater (Florida). Tinker LLC was selected to implement the 2017- 2018 Water Conservation Education Program for elementary schools. The program resulted in the participation of: o 1025 elementary school students In the fall of 2018, Tinker LLC was again selected to provide the Water Conservation Education Program for elementary schools. The program is currently in implementation. Current participation figures are as follows: o 750 elementary school students Page 25 Page 60 of 1256 Tinker LLC Water Conservation Education Program Proposal • City of Winter Park (Florida). Tinker LLC was selected to implement the 2017- 2018 Water& Energy Conservation Education Program for elementary schools. The program resulted in the participation of: o 33 elementary school students In the January of 2019, Tinker LLC was again selected to provide the Water& Energy Conservation Education Program for elementary schools. The program is currently in the Phase 1: Launch. Thus teacher recruitment had not begun. • Delray Beach (Florida). Tinker LLC was selected to implement the spring 2019 Water Conservation Education Program for elementary schools in December of 2018. The program is currently in implementation. Current participation figures are as follows: o 339 elementary school students Page 26 Page 61 of 1256 Tinker LLC Water Conservation Education Program Proposal 2. The Respondent shall describe the expertise and experience of personnel assigned to project, including resume of project manager within the past three (3)years. Below are brief profiles of the team members that are identified as key personnel in the design and implementation of the Water Conservation Education program. The profiles are followed by the detailed resume of Joe Thrasher, who will serve as the project manger for this program. Joe Thrasher. Co-Founder With over seventeen years of experience designing and implementing water and energy education programs, Joe is an expert in the efficiency education space. He specializes in curriculum development, strategic program design and all aspects of efficiency education implementation. Joe's experience includes designing and developing many K-12 education programs throughout Florida. This includes the design and development of several K-12 water, energy, sustainability education programs on behalf of municipal utilities. Joe holds a Bachelor of Science degree in Business Administration and a minor in Technology from the University of the Pacific in Stockton, California. He is a California native and resides in the San Francisco bay area with his wife and three daughters. Heather Devany. Director of Education Heather has spent eighteen years in education; three years as an administrator and fifteen years as a classroom teacher. She has taught 2nd, 3rd, 5th and 6th grade. Twice, Heather has been a member of the California Distinguished School writing committee and was the 2006-2007 Quail Run Elementary School Teacher of the Year. In addition to her duties with our organization, Heather team-teaches 5th grade. As a part time classroom teacher she is an invaluable asset to our team, providing insight and direction about current teaching trends. Serving as Director of Education, Heather oversees the creation and development of our education content and delivery. Heather is responsible for managing the crowd sourcing techniques we employ to generate engaging educational content. Heather holds a Master of Arts in Education from California State University Stanislaus, a Bachelor of Arts, Diversified Major, from University of the Pacific, a Professional Clear Credential with CLAD certificate from National University and an Administrative Certificate, from California State University, Stanislaus. She is a California native and resides in the Central Valley with her husband and three sons. Page 27 Page 62 of 1256 Tinker LLC Water Conservation Education Program Proposal Mike Henry, CIO Mike is our chief software architect and serves as our CIO. With twenty years of experience, Mike has participated in a wide range of software endeavors spanning from flagship and commercial products to mission-critical internal applications. Mike is well respected, highly motivated and exhibits an exceptional degree of ownership and commitment to whatever charter assigned. He is a self-starter, taking the initiative to learn and grow, fill unaddressed needs, and reshape and/or eliminate inefficient processes. Delivering tangible business value is one of his core drivers. Simply put, Mike loves all things software due to its limitless value. Mike is an Alaska native and resides in Sacramento, California with his wife and two children. Dan Natividad, Director of Marketing Dan Natividad has over 15 years of experience implementing strategic marketing plans for organizations in the energy and healthcare industries. Dan has led sales and marketing campaigns utilizing a wide range of marketing tactics such as grass-roots social campaigns, traditional media, and digital marketing. Dan's experience includes a stint as Blue Shield of California's Director of Strategy, Interactive Marketing and Client Experience where he was responsible for driving marketing strategy and overseeing campaign implementation for several lines of business. Dan holds a MBA (marketing emphasis)from University of the Pacific and a Bachelor of Science in Neurobiology, Physiology, and Behavior from UC Davis. He is a California native and resides in the Central Valley with his wife and two children. Page 28 Page 63 of 1256 Tinker LLC Water Conservation Education Program Proposal Joe Thrasher Program Title: Project Manager Qualifications: • Seventeen years experience in Water and Energy Education Programs • Expert in K-12 Water and Energy Education Program Design • Authority on integration of utility sponsored K-12 Water and Energy Education Programs into elementary school classrooms • Proficient in data collection and reporting portals for utility compliance • Proven track record meeting and exceeding utility goals Work Experience: Tinker LLC, 2014 to current—President Direct the company's design and implementation of efficiency programs. He leads the company's long-term vision and promotes a culture that positively influences the way Tinker's employees work with each other and the way Tinker serves their clients. Resource Action Programs, 2010 to 2014—President, 2004 to 2010 - Vice President Resource Action Programs (RAP) designs and implements water and energy efficiency education programs on behalf of utility companies. Thrasher designed, directed, and managed thousands of water and energy efficiency education programs targeting elementary schools. During his tenure RAP grew from five employees serving seven utilities to 50 employees serving nearly 100 utilities while reaching nearly 500,000 households annually. Energy Technology Laboratories, 2002 to 2004 —Vice President, 2001 to 2002—Plant Manager Energy Technology Laboratories (ETL) designed and manufactured high-efficiency showerheads. At ETL, Thrasher oversaw product development, manufacturing, inventory, packaging, importing and exporting, domestic shipping and purchasing. Under his guidance Energy Technology Laboratories successfully integrated fulfillment of utility programs into operational offerings. MEMBERSHIPS Alliance for Water Efficiency, Outreach and Education Committee. EDUCATION University of the Pacific, Stockton, CA 1999 Bachelor of Science, Business Administration Minor, Technology Page 29 Page 64 of 1256 Tinker LLC Water Conservation Education Program Proposal 3. The Respondent shall provide sample materials to demonstrate its success in previously implemented similar programs. See sample materials & demonstrated success envelopes included with this submission Page 30 Page 65 of 1256 Tinker LLC Water Conservation Education Program Proposal Tab 6—References The Respondent shall provide references for similarly successful projects from at least three governmental agencies (or regional districts), including the name of the agency, contact name, telephone, fax and email address. 1. Orange County Utilities (Florida) Project: 2018, 2019 Water Conservation Education Program Elementary School, Middle School&High School Contact: Jessica Green, M.N.M Phone: 407-254-9846 E-mail: Jessica.Greengocfl.net 2. City of Clearwater Public Utilities (Florida) Project: 2017, 2018, 2019 Water Conservation Education Program Elementary School Contact: Jerry Wells Phone: 727-562-4960 ext. 7226 E-mail: ierrywellsamyclearwater.com 3. City of Winter Park (Florida) Project: 2018, 2019 Sustainability Education Program Elementary School Contact: Vanessa Balta-Cook Phone: 407-599-3364 E-mail: VBaltaCookgcityofwinterpark.org Page 31 Page 66 of 1256 Tinker LLC Water Conservation Education Program Proposal Tab 7— Cost Proposal The City of Boynton Beach requests that the firms interested in responding complete the Cost Proposal Form attached herein. Provide a unit fee amount(per student) and an annual amount for the proposed services outlined in the Scope of Work. Please include all expenses in the unit and annual amounts. Page 32 Page 67 of 1256 REQUEST FOR PROPOSALS FOR WATER CONSERVATION EDUCATION PROGRAM RFP No.: 01 2-2821-19/[T COST PROPOSAL FORM Proposers must use this form for submitting its Cost Proposal. The price shall be fixed and firm and should be fully burdened to include all necessary elements such as but not limited to salary, general administrative expenses, travel, mileage, overhead and fee/profit needed to perform all of the services described under this solicitation. –ITEM dTY UNIT OF DESCRIPTION UNIT COST ANNUAL MEASURE -COST 1. 1,100 STUDENTS i Conservation Education $. 11-71 14,021.01 PER SCHOOL Program service YEAR 2. 1,100 STUDENTS Water Conservation Kits $--2—.99 $_1_01989_00 PER SCHOOL YEAR TOTAL ANNUAL FEE: $ 25,014.00 Tinker LLC z/ COMPANY NAME AUTHORIZED SIGNATURE C_2?.5 } 208-4497 Joseph Thrasher TELEPHONE NO. PRINTED NAME _ioe.thrasher@tinkerprograms,com President E-MAIL ADDRESS TITLE 1/14/2019 DATE THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED 22 COMPLETE AND ACCEPTABLE. RFP No.012-2821-19/IT Page 68 of 1256 Tinker LLC Water Conservation Education Program Proposal Tab 8— Submittal Forms Respondents must complete and submit the required forms in order for submittal to be considered a valid response. DO NOT INCLUDE YOUR PRICE PROPOSAL FORMIN THIS SECTION RATHER INCLUDE IT IN TAB 7—COST PROPOSAL. Page 33 Page 69 of 1256 REQUEST FOR PROPOSALS FOR WATER CONSERVATION EDUCATION PROGRAM RFP No.: 012-2821.19/IT PROPOSER ACKNOWLEDGEMENT Submit RFP's to: PROCUREMENT SERVICES 3301 Quantum Blvd., Suite 101 Boynton Beach, Florida 33426 Telephone: (561) 742-6322 RFP Title: WATER CONSERVATION EDUCATION PROGRAM RFP Number: 012-2821-19/IT RFP Received by: JANUARY 14, 2019, NO LATER THAN 2:30 P.M. RFP's will be opened in Procurement Services unless specified otherwise. RFP receiving date and time is scheduled for: JANUARY 14, 2019, NO LATER THAN 2:30 P.M. (LOCAL TIME) and may not be withdrawn within ninety (90) daysaftersuch date and time. All awards made as a result of this RFP shall conform to applicable sections of the charter and codes of the City. Name of Professional, TINKER LLC Federal I.D. Number: 32-0448444 A Corporation of the State of: CALIFORNIA Area Code: 925 Telephone Number: 208-4497 Area Code. 925 FAX Number: 208-4497 Mailing Address: P.O. BOX 177 City/State/Zip.- ALAMO, CA 94507 E-mail Address: hello O!tinkerprograms.com Ailihorized Signature Joseph Thrasher Name Typed THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED 20 COMPLETE AND ACCEPTABLE. RFP No. 012-2821-19/IT Page 70 of 1256 A D D E N D A CITY OF BOYNTON BEACH FLORIDA RFP TITLE: "WATER CONSERVATION EDUCATION PROGRAM" RFP NO.: 012-2821-19/IT DATE SUBMITTED: January 14, 2019 We propose and agree, if this submittal is accepted, to contract with the City of Boynton Beach, in the Contract Form, to furnish all material, means of transportation, coordination, labor and services necessary to complete/provide the work specified by the Contract documents. Having studied the documents prepared by: THE CITY OF BOYNTON BEACH we propose to perform the work of this Project according to the Contract documents and the following addenda which we have received: ADDENDUM DATE ADDENDUM DATE NO ADDENDUM WAS RECEIVED IN CONNECTION WITH THIS BID THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED 21 COMPLETE AND ACCEPTABLE. RFP No.012-2821-19/1T Page 71 of 1256 STATEMENT OF QUALIFICATIONS Each qualifier proposing on work Included in these General Documents shall prepare and submit the data requested in the following schedule of information. This data must be included in and made part of each RFP document. Failure to comply with this instruction may be regarded as justification for rejecting the RFP response. * attach additional sheets giving the information 1 Name of Qualifier. Tinker LLC 2. Business Address: 1451 Danville Blvd, Ste 101 Alamo, ICA 94507 3. When Organized: 09/03/2014 4. Where Incorporated: .. California 5. How many years have you been engaged in business under the present firm name? 1 irs 4 months 6. General character of work performed by your company. Tinker LLC designs and implements water efficienicy, energy efficiency & sustainability education programs. We provide end to end i,m lementation services Droviding our clients with corgi Istel turns education solution. 7. Enclose evidence of possession of required licenses and/or business permits. & Number of employees. 5 9. Background and experience of principal members of your personnel, including officers. 10. Bonding capacity, if applicable. N/A 11. Have you ever defaulted on a contract? If so, where and why? THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED 23 COMPLETE AND ACCEPTABLE. RFP No. 012-2821-19/1T Page 72 of 1256 Statement of Qualifications ATTACHMENT 9. Background and experience of principal members of you personnel, including officers. Joe Thrasher, Co-Founder With over seventeen years of experience designing and implementing water and energy education programs,Joe is an expert in the efficiency education space. He specializes in curriculum development, strategic program design and an aspects of efficiency education implementation. Joe's experience includes designing and developing many K-12 education programs throughout Florida. This includes the design and development of several K-12 water, energy, sustainability education programs on behalf of municipal utilities. Joe holds a Bachelor of Science degree in Business Administration and a minor in Technology from the University of the Pacific in Stockton, California. He is a California native and resides in the San Francisco bay area with his wife and three daughters. Katie Thrasher, Co-Founder Katie brings fifteen years of experience as an educator to serve a multitude of roles at Tinker. A credentialed teacher in the State of California, Katie spent a several years as an elementary school teacher. Prior to co-founding Tinker, she served as a consultant contributing to the educational design of utility-provided water and energy education programs. She is responsible for Tinker's long-term vision and the implementation of the company's strategic plan. Katie holds a Masters of Arts in Curriculum and Instruction from University of the Pacific and a Bachelor of Arts in Education from UC Davis. She is a California native and resides in the San Francisco bay area with her husband and three daughters. Heather Devany. Director of Education Heather has spent eighteen years in education; three years as an administrator and fifteen years as a classroom teacher. She has taught 2nd, 3rd, 5th and 6th grade. Twice, Heather has been a member of the California Distinguished School writing committee and was the 2006-2007 Quail Run Elementary School Teacher of the Year. In addition to her duties with our organization, Heather team-teaches 5th grade. As a part time classroom teacher she is an invaluable asset to our team,providing insight and direction about current teaching trends. Serving as Director of Education,Heather oversees the creation and development of our education content and delivery. Heather is responsible for managing the crowd sourcing techniques we employ to generate engaging educational content. Heather holds a Master of Arts in Education from California State University Stanislaus, a Bachelor of Arts,Diversified Major, from University of the Pacific, a Professional Clear page A1 Of') gb'73 of 1256 Credential with CLAD certificate from National University and an Administrative Certificate, from California State University, Stanislaus. She is a California native and resides in the Central Valley with her husband and three sons. Mike Henry, CIO Mike is our chief software architect and serves as our CIO. With twenty years of experience, Mike has participated in a wide range of software endeavors spanning from flagship and commercial products to mission-critical internal applications. Mike is well respected, highly motivated and exhibits an exceptional degree of ownership and commitment to whatever charter assigned. He is a self-starter, taking the initiative to learn and grow, fill unaddressed needs, and reshape and/or eliminate inefficient processes. Delivering tangible business value is one of his core drivers. Simply put, Mike loves all things software due to its limitless value. Mike is an Alaska native and resides in Sacramento, California with his wife and two children. Dan Natividad,Director of Marketing Dan Natividad has over 15 years of experience implementing strategic marketing plans for organizations in the energy and healthcare industries. Dan has led sales and marketing campaigns utilizing a wide range of marketing tactics such as grass-roots social campaigns, traditional media, and digital marketing. Dan's experience includes a stint as Blue Shield of California's Director of Strategy, Interactive Marketing and Client Experience where he was responsible for driving marketing strategy and overseeing campaign implementation for several lines of business. Dan holds a MBA(marketing emphasis) from University of the Pacific and a Bachelor of Science in Neurobiology, Physiology, and Behavior from UC Davis. He is a California native and resides in the Central Valley with his wife and two children. Page2 of 2 �age 74 of 1256 12. Experience in performance Of work similar in importance to this project. Project $ Value Contact Name Phone# Orange County Utilities, FL $39,546.60 Jessica Green 407-254-9846 City of Clearwater, FL $27,000.00 Jerry Wells 727-562-4960 ext..7226 City of Delray each, FL $8,122.14 Janet Meeks 561-243-7000 ext 7231 City of Winttr Bark, FL $6,161-16 Vanessa Balta-Cook 407-5,99-3364 _� 13. Contracts on hand. 14. Largest completed projects (include final cost). 1) Idaho Power Company, $575.400.00 2) Energy Wise Alliance, $74,038.42 3) Cooke County Electric Co-op, $30,385.00 15, List all lawsuits (related to similar projects) or arbitration to which you have been a party and which: * 1) arose from performance: 2) occurred within the last 4 years: 3) provide case number and style: Dated at: —Alarno, California this 10th day of January 20 19 By: Lam" (wr�itten signature) ��� Name: Joseph Thrasher (printed or typed) Title: President THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED 24 COMPLETE AND ACCEPTABLE. RFP No. 012-2821-19/IT Page 75 of 1256 Statement of Qualifications ATTACHMENT 13. Contracts on hand, 1. Idaho Power Company 2. Cooke County Electric Co-operative 3. Orange County Utilities 4. City of Clearwater 5. City of Winter Park 6. City of Delray Beach Page�16&176 of 1256 REFERENCES FOR Tinker LLQ } (NAME OF FIRM Company Name. Orange County Utilities (Florida) Address: 9150 Curry Ford Road Orlando, FL 32825 Contact Mame: Jessica Green, M.N. Phone: Fax: E-Mail: 407-254-9846 Jessica.Green@ocfl.net Company Name: City of Clearwater Public Utilities(Florida) Address: 1650 N. Arcturas Ave.,Bldg. C Clearwater, FL. 80765 Contact Name: Jerry Wells Phone: Fax, E-Mail: 727-5624960 ext. 7226 jerrywellsmyclarwater.com Company Name: City of Winter Park(Florida) Address: 401 Park Ave., South Winter Park, FL 32789 Contact Name: Vanessa Balta-Cook Phone Fax: E-Mail: 407-599-3364 l Co Via to ok cityofvvinterpark org --- � ` �� ��i r• l��S,3 � 1.� ��'�4,S `a 'ti) `y��J '4�t � ,� 't tts�1} i?}ry'tl�l}}}')}11J ,,�,\E,;--. .>�G,.., }�r rr. „_`�,.,,P e' ''t2 41 '� '=9 "i„ Company Name: Hastings& Co, (Project: Malibu, CA) Address: 21520 Yorba Linda Blvd., G518 Yorba Linda, CA 92887 Contact Name: Nola Hastings Phone: Fax: E-Mail: (714)296-2740 hastings.nola@gmail.com THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED 25 COMPLETE AND ACCEPTABLE. RPP No. 012-2821-19JIT Page 77 of 1256 ANTI-KICKBACK AFFIDAVIT STATE OF A Cj riyr`4;., } : SS COUNTY OF a" ,�[ � � cork- c % 1, the undersigned hereby duly sworn, depose and say that no portion of the sum herein submitted will be paid to any employees of the City of Boynton Beach as a commission, kickback, reward of gift, directly or indirectly by me or any member of my firm or by an officer of the corporation. By: N E - SIGNATURE Sworn and subscribed before me this day of 20 r Printed Information: NAME SK AnMHMW c :d Q JUMIACOMMOMMIff TITLE.. NOTARY PUBLIC, State of Florida at Large COMPANY "OFFICIAL NOTARY SEAL" STAMP THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED 26 COMPLETE AND ACCEPTABLE. RFI' No. 012-2821-19rIT Page 78 of 1256 JURAT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Contra Costa Subscribed and sworn to (or affirmed) before me on this Z day of _ L ^r 20 by 0S4s—r proved to me on the basis of satisfactory evidence to be the personw ho appeared before me. lziiiiii!r�r co M.:11!2717892 9 ALAPdIEDA COUNTYUBLiC I�'URNIA Si natu Seal ommmssonpAy j �,�..ti..-•� eti..., .• 8 2021 OPTIONAL INFORMATION INSTRUCTIONS The wording of all Jurats completed in California after January 1, 2015 must be in the form as set forth within this Jurat, There are no exceptions. if a Jurat to be completed does not follow this form, the notary must correct the verbiage by rising a jurat stamp containing the correct wording or attaching a separate jurat form such as this one with does contain the proper wording; to addition, the notary must require an oath or DESCRIPTION OF THE ATTACHED DOCUMENT affirmation from the document signer regarding the truthfulness of the contents of the document. The document must be signpd AFTER the oath or affirmation.if the document J'�k 17 Y C A C,e, 666/•+ 4 VI was previously signed, it must be re-signed in front of the notary public during the jurat (Title or description of attached document) process, • State and county information must-be the state and county where the (Title or description of attached document continued) document signer(s)personally appeared before the notary public, Date of notarization must be: the date the signer(s) personally appeared which must also be the same date the jurat process is pj o completed. Number of Pages� Document Cate r 9 Print the name(s)of the document signer(s)who personally appear at the time of notarization.. Signature of the notary public must match the signature on file with the Additional information office of the county clerk. • The notary seal impression must be clear and photographically reproducible.Impression must not cover text or lines. If seal impression smudges, re-seal if a sufficient area permits, otherwise complete a different jurat form. Additional information Is not required but could help to ensure this jurat is not misused or attached to a different document. *3 Indicate title or type of attached document,number of pages and date, Securely attach this document to the signed document wits ag&79 Of �2 NON COLLUSION AFFIDAVIT State of -c–r AAf1 County of C ea �) being first duly sworn, deposes and says that: 1) He/She is of Ker L L , the qualifier (Title) (Name of Corporation or Firm) who has submitted the attached RFP No. 012-2821-191IT for WATER CONSERVATION EDUCATION PROGRAM 2) He/She is fully informed respecting the preparation and contents of the attached submittal and of all pertinent circumstances respecting such submittal; 3) Said IFP is genuine and is not a collusive or sham RFP; 4) Further, the said qualifier 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 qualifier, firm or person to submit a collusive or sham RFP in connection with the Contract for which the attached RFP 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 qualifier, firm or person to fix the price or prices in the attached RFP or of any other qualifier, or to fix any overhead, profit or cost element of the RFP price or the RFP price of any other qualifier, 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 qualifier or any of its agents, representatives, owners, employees, or parties in interest, including this affiant. (Signed) —j—140-e� (Title) Subscribed and sworn to before me This day of 20 INAWAMMW My commission expires Irl THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED 27 COMPLETE AND ACCEPTABLE. RFP No.012-2821-19/IT Page 80 of 1256 JURAT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Contra Costa Subscribed and sworn to (or affirmed) before me on this 10 day ofy 3 20 19 by 7 E#*# proved to me on the basis of satisfactory evidence to be the persono who appeared before me. ELIZABETH DENHAM comm.#2197892 � NOTARY PUBLIC o CALIFORNIA Signatur : . ALAMEI3ACCUNTY_ (seal) commmion Expires MAY 19,2021 OPTIONAL INFORMATION INSTRUCTIONS The wording of all Jurats completed in cafifornia after January 1, 2015 must be in the farm as set forth within this Jurat There are no exceptions. If a Jurat to be completed does not follow this form, the notary must correct the verbiage by using a jurat stamp containing the correct wording or allaching a separate jurat form such as this one with does contain the proper wording. In addition, the notary must require an oath or DESCRIPTION of THE ATTACHED DOCUMENT affirmation from the document signer regarding the truthfulness of the contents of the document. The document must be signed AFTER the oath or affirmation.if the document A( C64 4.ASI 6W ,*4 09`V 7— was previously signed,it must be re-signed in front of the notary public during the jurat (Titie or description of attached document) process. . ,State and county information must-be the state and county where the document signer(s)personally appeared before the notary public. (Title or description of attached document continued) . hate of notarization trust be the date the signer(s) personally appeared which must also be the same date the jurat process is j completed. Number Of Pages -~ Document Drat}�' /� a print the name(s)of the document signer(s)who personally appear at the time of notarization. . Signature of the notary public must match the signature on file with the Additional information office of the county clerk. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines.if seal impression smudges, re-seal if a sufficient area permits, otherwise complete a different jurat form. Additional information Is not required but could help to ensure this jurat is not misused or attachod to a different document. Indicate title or type of attached document,number of pages and date. r r+n,.i of rtGf :s s.cosn Ll 7`v- a Securely attach this document to the signed document witi aode$l of 12E, CONFIRMATION OF MINORITY OWNED BUSINESS A requested form to be made a part of our files for future use and information. Please fill out and indicate in the appropriate spaces provided which category best describes your company. Return this form with your bid proposal sheet making it an official part of your bid response. Is your company a Minority Owned Business? X Yes No If Yes, please indicate by an "X" in the appropriate box: AMERICAN INDIAN ASIAN BLACK HISPANIC WOMEN OTHER X) NOT APPLICABLE (specify) Do you possess a Certification qualifying your business as a Minority Owned Business? YES NO X If YES, Name the Organization from which this certification was obtained and date: Issuing Organization for Certification Date of Certification THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED 28 COMPLETE AND ACCEPTABLE. RFP No. 012-2821-19/1T Page 82 of 1256 CONFIRMATION OF DRUG-FREE WORKPLACE IDENTICAL TIE SUBMITTALS Preference shall be given to businesses with drug-free workplace programs, Whenever two or more submittals which are equal with respect to price, quality, and service are received by the City of Boynton Beach or by any political subdivision for the procurement of commodities or contractual services, a submittal received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie submittals will be followed if none of the tied Professionals 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 submittal 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 submittal, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo, contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than 5 days after such conviction. 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. Professional's Signature THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED 29 COMPLETE AND ACCEPTABLE. RFP No.012-2821-19/IT Page 83 of 1256 PALM BEACH COUNTY INSPECTOR GENERAL ACKNOWLEDGMENT The Respondent 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 Respondent 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. TINKER LLC CONTRACTOR NAME By Title: President Date: 0111012019 THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED 30 COMPLETE AND ACCEPTABLE. RFI' No. 012-2821-19/1T Page 84 of 1256 CITY OF BOYNTON BEACH LOCAL BUSINESS STATUS CERTIFICATION lr Joseph Thrasher , the President of (Name of officer of company) (Title of officer of company) Tinker LLC , located at 1451 Danville Blvd STE 101 Alamo ,CA 94507 (Name of Corporation/company) (Business Address) Certify that I am an authorized representative of the business and, on behalf of the Business, request that it be deemed to be a local business for purposes of the City of Boynton Beach Local Preference Program. Answering yes to Question 1 and Question 2 below will qualify the business as a local business. In support of this request, I certify the following to be true and correct: NAME OF BUSINESS: TINKER LLC 1. Is the business located within the City limits YES PVC? Number of Years: of Boynton Beach, Florida? 2. Does the business have a business tax YES NO, Business License receipt issued in the current year? Number: 3. Is the business registered with the Florida YES NO Division of Corporations? Registration pending I understand that misrepresentation of any facts in connection with this request may be cause for removal from the certified kcal business list. I also agree that the business is required to notify the City in writing should it cease to qualify as a local business. Print Name: Joseph Thrasher Signature: ***FOR PURCHASING USE € W4.* Business License Q Year Established: Active: Verified by: Date: THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED 31 COMPLETE AND ACCEPTABLE. RFP No. 012_2821-19r9T Page 85 of 1256 CERTIFICATION PURSUANT TO FLORIDA STATUTE § 287.135 1, Joseph Thrasher on behalf of Tinker LLC certify Print Name and Title Company Name that Tinker LLC does not: Company Name I. Participate in a boycott of Israel; and 2. Is not on the Scrutinized Companies that Boycott Israel List; and 3. Is not on the Scrutinized Companies with Activities in Sudan List; and 4. Is not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List; and 5. Has not engaged in business operations in Syria. Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to the Contractor of the City's determination concerning the false certification. The Contractor shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If the Contractor does not demonstrate that the City's determination of false certification was made in error then the City shall have the right to terminate the contract and seek civil remedies pursuant to Florida Statute §287.135. Section 287.135, Florida Statutes, prohibits the City from: 1) Contracting with companies for goods or services in any amount if at the time of bidding on, submitting a proposal for, or entering into or renewing a contract if the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215,4725, F.S. or is engaged in a boycott of Israel; and 2) Contracting with companies, for goods or services over$1,000,000.00 that are on either the Scrutinized Companies with activities in the Iran Petroleum Energy Sector list, created pursuant to s. 215.473, or are engaged in business operations in Syria. As the person authorized to sign on behalf of the Contractor, I hereby certify that the company identified above in the section entitled 'Contractor Name" does not participate in any boycott of Israel, is not listed on the Scrutinized Companies that Boycott Israel List, is not listed on either the Scrutinized Companies with activities in the Iran Petroleum Energy Sector List, and is not engaged in business operations in Syria. I understand that pursuant to section 287.135, Florida Statutes, the submission of a false certification may subject the company to civil penalties, THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED 32 COMPLETE AND ACCEPTABLE, RFP No.012-2821-19/IT Page 86 of 1256 attorney's fees, and/or costs, I further understand that any contract with the City for goods or services may be terminated at the option of the City if the company is found to have submitted a false certification or has been placed on the Scrutinized Companies with Activities in Sudan list or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, TINKER LLC COMPANY NAME NATURE JOSEPH THRASHER President PRINT NAME TITLE THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED 33 COMPLETE AND ACCEPTABLE. RFP No.012-2821-19/IT Page 87 of 1256 FQ (D .s 0z 0 0 C W 0 _0 �5 cru a) 70(OD > '6 Ol a) 0 4- a CL 4) — M 1 2 C: W _ . a) u(D -ICI 3� 0) V_ :3 0 -c (D cr< -2 F- 0 W Z 8 E 0 (a �L- Z .r- -- z "2 cn .E= 12 -,u 2 3t .2 A L. — _ cu Z, a ca X -0 C) (D CQ C: 0 C) M Z 0O E w (n (D cU (D 0 m E LU 0 0 0 0 w O :e 0 0 13 Ir z -0 CL a) (D cu a) IL " z 0 M M- 0 Lp� Z :3 C CL a) a) u 1.- 0 0 cr 2 ca cc WCL = E 02 0 0 z CA 0 0 w r_1co c E2 j 0 0 cc 0- W 0 4� =w 0 m N .0 9 M C:= 0 LU co cm z .R r 0 V_ C� CD 0 C) m L. E 0 a) 0 0 6LL A A2 LL. yj z 0 C Q) 0 (U M M 0 ­ M 0 > CIL in u Z IL w lu -0 c ca < LL Uj ::3 0 Q) CL LL 46 z 0 z U) 2 z (n ' CD a) V T in 0 0 -6 m E LU to (D E 0 ui 2 L 0. L_ (D — �: `C 1 02 0 Lu 0 0 —�, a M C: Eu L.0- CL,00 0 0 0 CL CL (D M CL 10 41 C rsi- 0 (D -0 L) C o 0 m S C: O .c (U 0 :3 CL a) q 0 a) 0 ca -a cu ca 4-1 C " �; U)) ST 060 0 v OL Z5 0 c 0 4wm % TV -0)C= 0 IL a) cu (0 0) l< (D C: 0 E zE U) ._ Cc MM 0O 4) 00 M r 0 CL E w cn 700 a -2 Oc m (D im 0 0 0 c C E a) !E 0 0 0 CD m 0 ml �: 05 -i=On 0 Page 88 of 1256 Form Request for Taxpayer Give Form to the (Rev.October 2018) Identification Number and Certification requester. Do not Department of the Treasury send to the IRS. Internal Revenue Service ►Go to www.irs.gov/FormW9 for instructions and the latest information. 1 Name(as shown on your income tax return).Name is required on this line;do not leave this line blank. TINKER LLC 2 Business name/disregarded entity name,if different from above co 3 Check appropriate box for federal tax classification of the person whose name is entered on line 1.Check only one of the 4 Exemptions codes a only to � P Y P ( PPY Y following seven boxes. certain entities,not individuals;see anstructions on page 3): p ❑ Individual/sole proprietor or ElC Corporation ElS Corporation ❑ Partnership ElTrust/estate N single-member LLC Exempt payee code(if any) ai c ao v ❑✓ Limited liability company.Enter the tax classification(C=C corporation,S=S corporation,P=Partnership)► S `o +"i. Note:Check the appropriate box in the line above for the tax classification of the single-member owner. Do not check Exemption from FATCA reporting .9 N LLC if the LLC is classified as a single-member LLC that is disregarded from the owner unless the owner of the LLC is de(if any) S another LLC that is not disregarded from the owner for U.S.federal tax purposes.Otherwise,a single-member LLC that co d v is disregarded from the owner should check the appropriate box for the tax classification of its owner. V ❑ Other(see instructions)► I(Applies to accounts maintained outside the U.S.) N U) 5 Address(number,street,and apt.or suite no.)See instructions. Requester's name and address(optional) in 1451 DANVILLE BLVD., STE 101 CITY OF BOYNTON BEACH s City,state,and ZIP code 3301 Quantum Blvd., Suite 101 ALAMO, CA 94507 Boynton Beach, Florida 33426 7 List account number(s)here(optional) Taxpayer Identification Number(TIN) Enter your TIN in the appropriate box.The TIN provided must match the name given on line 1 to avoid Social security number backup withholding. For individuals,this is generally your social security number(SHowever,for a TU — resident alien,sole proprietor,or disregarded entity,see the instructions for Part I,later.For other entities,it is your employer identification number(EIN). If you do not have a number,see How to get a TIN, later. or Note: If the account is in more than one name,see the instructions for line 1.Also see What Name and Employer identification number Number To Give the Requester for guidelines on whose number to enter. M32 — 0 4 4 8 4 4 4 LiMM Certification Under penalties of perjury,I certify that: 1.The number shown on this form is my correct taxpayer identification number(or I am waiting for a number to be issued to me);and 2.I am not subject to backup withholding because:(a)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 IRS has notified me that I am no longer subject to backup withholding;and 3.I am a U.S.citizen or other U.S.person(defined below);and 4.The FATCA code(s)entered on this form(if any)indicating that I am exempt from FATCA reporting is correct. Certification instructions.You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return.For real estate transactions,item 2 does not apply.For mortgage interest paid, acquisition or abandonment of secured property,cancellation of debt,contributions to an individual retirement arrangement(IRA),and generally,payments other than interest and dividends,you are not required to sign the certification,but you must provide your correct TIN.See the instructions for Part II,later. Sign Signature of Here U.S.person 0- Date 0- 1/10/2019 General Instructions • Form 1099-DIV(dividends,including those from stocks or mutual funds) Section references are to the Internal Revenue Code unless otherwise . Form 1099-MISC(various types of income,prizes,awards,or gross noted. proceeds) Future developments. For the latest information about developments . Form 1099-B(stock or mutual fund sales and certain other related to Form W-9 and its instructions,such as legislation enacted transactions by brokers) after they were published,go to www.irs.gov/FormW9. • Form 1099-S(proceeds from real estate transactions) Purpose of Form • Form 1099-K(merchant card and third party network transactions) An individual or entity(Form W-9 requester)who is required to file an • Form 1098(home mortgage interest), 1098-E(student loan interest), information return with the IRS must obtain your correct taxpayer 1098-T(tuition) identification number(TIN)which may be your social security number • Form 1099-C(canceled debt) (SSN),individual taxpayer identification number(ITIN),adoption .Form 1099-A(acquisition or abandonment of secured property) taxpayer identification number(ATIN),or employer identification number (EIN),to report on an information return the amount paid to you,or other Use Form W-9 only if you are a U.S.person(including a resident amount reportable on an information return.Examples of information alien),to provide your correct TIN. returns include,but are not limited to,the following. If you do not return Form W-9 to the requester with a TIN,you might • Form 1099-INT(interest earned or paid) be subject to backup withholding. See What is backup withholding, later. 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(ssV��s�l�...,�sls�2i'sir lk1 }tkk23s��1�A�\r1b�Si tts'ki, �s�s}i7 suis{s)�s��t�S(jttsS s'�s�t\sib$ .,.1 �t��4Vllp,�t��7)tl�l iS�\i�i24s s� -ti�s�}t�;•,tit3)s����5{,:,,i�}�s�VAr��jsyji{S sikl�ll} ,f s��.yss�sSy�ks���,'s s6�t�yi��V��1�isil��tl{ stsls�,lysfdi,���._;�s�i�Sstr1�11y1�1.4;1k��i�t' ttstsil r13l�tk��t\fit{1s2s ��1�,{slkylsktisl��tt�}��i���tsA tq Page 90 of 1256 The City of Boynton Beach REQUEST FOR PROPOSALS FOR WATER CONSERVATION EDUCATION PROGRAM RFP No.: 012-2821-19/IT Sealed RFP's will be received in Procurement Services, City of Boynton Beach, 3301 Quantum Blvd., Suite 101, Boynton Beach, Florida 33426 on or by: JANUARY 14, 2019 No Later Than 2:30 P.M. (Local Time). ATTENTION ALL INTERESTED RESPONDENTS Copies of this solicitation package may be obtained from Demandstar at Onvia at www.demandstar.com or by calling 1-800-711-1712. Demandstar distributes the City's solicitations through electronic download. If you prefer that a copy be mailed via U.S.P.S., please contact the City's Procurement Division at(561) 742-6322. Respondent(s)who obtain copies of this solicitation from sources other than Demandstar or the City's Procurement Services Division may potentially risk not receiving certain addendum(s) issued as a result of the solicitation. One (1) original, so designated and four (4) copies along with one (1) electronic copy on a USB thumb drive, for a total of six (6) submittals of the response shall be submitted in one sealed package clearly marked on the outside: "RFP NO. 012-2821-19/IT—WATER CONSERVATION EDUCATION PROGRAM" and addressed to: City of Boynton Beach, Finance/Procurement Services, 3301 Quantum Blvd., Suite 101, Boynton Beach, FL 33426 RFP's received after the assigned date and time will not be considered. The Procurement Services time stamp shall be conclusive as to the timeliness of filing. The City of Boynton Beach is not responsible for the U.S. Mail or private couriers with regard to mail being delivered by a specified time so that an RFP can be considered. If no award has been made, the City reserves the right to consider RFP's that have been determined by the City to be received late due to mishandling by the City after receipt of the RFP. America's Gateway to the Gulf Stream 2 Page 91 of 1256 PUBLIC RECORDS DISCLOSURE Pursuant to Florida Statutes §119.07, sealed bids or proposals received by the City in response to an invitation to bid are exempt from public records disclosure requirements until the City provides a notice of decision or thirty (30) days after the opening of the proposal/bid. If the City rejects all bids or proposals submitted in response to an invitation to bid or request for proposals and the City concurrently provides notice of its intent to reissue the competitive solicitation, the rejected bids or proposals remain exempt from public records disclosure until such time as the City provides notice of a decision or intended decision concerning the competitive solicitation or until the City withdraws the reissued competitive solicitation.A bid, proposal, or reply is not exempt for longer than twelve (12) months after the initial City notice rejecting all bids, proposals, or replies. Requests for bid or proposal documents should be submitted to the City Clerk's Office. Documents may be inspected without charge, but a charge will be incurred to obtain copies. LOBBYING /CONE OF SILENCE Consistent with the requirements of Chapter 2, Article VIII, Lobbyist Registration, of the Palm Beach County Code of Ordinances, Boynton Beach imposes a Cone of Silence. A cone of silence shall be in effect as of the deadline to submit the proposal, bid, or other response and shall remain in effect until City Commission awards or approves a contract, rejects all bids or responses, or otherwise takes action that ends the solicitation process. While the cone of silence is in effect, no proposer or its agent shall directly or indirectly communicate with any member of City Commission or their staff, the Manager, any employee of Boynton Beach authorized to act on behalf of Boynton Beach in relation to the award of a particular contract or member of the Selection Committee in reference to the solicitation, with the exception of the Purchasing Manager or designee. (Section 2-355 of the Palm Beach County Code of Ordinances.) Failure to abide by this provision may serve as grounds for disqualification for award of contract to the proposer. Further, any contract entered into in violation of the cone of silence shall render the transaction voidable. The cone of silence shall not apply to oral communications at any public proceeding, including pre-bid conferences, oral presentations before Selection Committees, contract negotiations during any public meeting, presentations made to the City Commission, and protest hearings. Further, the cone of silence shall not apply to contract negotiations between any employee and the intended awardee, any dispute resolution process following the filing of a protest between the person filing the protest and any employee, or any written correspondence with Boynton Beach as may be permitted by the competitive solicitation. Additionally, the cone of silence shall not apply to any purchases made in an amount less than the competitive solicitation threshold set forth in the Purchasing Manual. Any questions relative to any item(s) or portion of this bid should be directed to Ilyse Triestman, Purchasing Manager; Telephone: (561) 742-6322, E-mail: tribfl.us City of Boynton Beach 3 RFP No.005-2210-19/IT Page 92 of 1256 INTENT/ SCOPE OF SERVICES The City is seeking a turnkey educational program to teach upper-elementary and/or middle school students about water and energy conservation. The program shall be delivered by the teacher in the classroom setting using a curriculum that supports current Florida education standards. In addition to the classroom component, the program shall include the installation of at-home "conservation kits" and shall measure resultant energy and water savings. RFP documents are available online through DemandStar by Onvia at: www.demandstar.com Upon request, documents will be e-mailed. Contact: CITY OF BOYNTON BEACH PROCUREMENT SERVICES 3301 Quantum Blvd., Suite 101 Boynton Beach, Florida 33426 Ilyse Triestman, Purchasing Manager Telephone: (561) 742-6322; Email: triestmanip_bbfl.us Office Hours: MONDAY — FRIDAY, 8:00 A.M. to 5:00 P.M. CITY OF BOYNTON BEACH Tim W. Howard Assistant City Manager -Administration City of Boynton Beach 4 RFP No.005-2210-19/IT Page 93 of 1256 TABLE OF CONTENTS REQUEST FOR PROPOSALS FOR WATER CONSERVATION EDUCATION PROGRAM RFP No.: 012-2821-19/IT Section I — Submittal Information .......................................................................................6 Section 11 — Intent and Statement of Work ....................................................................7 - 8 Section III — Proposal Submittal Instructions and Requirements..................................9 - 11 Section IV— Proposal Evaluation Method and Criteria......................................................12 GeneralConditions ...................................................................................................13 - 19 Proposer Acknowledgement ............................................................................................20 Addenda ..........................................................................................................................21 CostProposal ..................................................................................................................22 Statement of Qualifications .......................................................................................23 - 24 ReferenceForm ..............................................................................................................25 Anti-Kickback Affidavit .....................................................................................................26 Non Collusion Affidavit ....................................................................................................27 Confirmation of Minority Owned Business . .....................................................................28 Confirmation of Drug-Free Workplace . ............................................................................29 Acknowledgement of PBC Inspector General...................................................................30 Local Business Status Certification Form................................................................31 Scrutinized Companies Form.........................................................................32-33 Schedule of Subcontractors . ...........................................................................................34 Statement of No Submittal ...............................................................................................35 "DRAFT" Professional Services Agreement. ............................................................36-41 City of Boynton Beach RFP No.012-2821-19/IT Page 5 of 43 Page 94 of 1256 REQUEST FOR PROPOSALS FOR WATER CONSERVATION EDUCATION PROGRAM RFP No.: 012-2821-19/IT Section I —SUBMITTAL INFORMATION A. The City of Boynton Beach will receive RFP responses until JANUARY 14, 2019, no later than 2:30 P.M. (LOCAL TIME) in Procurement Services located at 3301 Quantum Blvd., Suite 101, Boynton Beach, Florida 33426. B. Any responses received after the above stated time and date will not be considered. It shall be the sole responsibility of the qualifier to have their RFP response delivered to Finance/Procurement Services for receipt on or before the above stated time and date. It is recommended that responses be sent by an overnight air courier service or some other method that allows for tracking and delivery confirmation. RFP responses that arrive after the above stated deadline as a result of delay by the mail service shall not be considered, shall not be opened at the public opening, and arrangements shall be made for their return at the qualifier's request and expense. The City reserves the right to consider submittals that have been determined by the City to be received late due solely to mishandling by the City after receipt of the RFP and prior to the award being made. C. If any addenda are issued to this RFP, the City will attempt to notify all prospective proposers who have secured same, however, it shall be the responsibility of each proposer, prior to submitting the RFP response, to contact Finance/Procurement Services at(561) 742-6322 to determine if any addenda were issued and to make any addendum acknowledgements and comply with the requirements of each addendum as part of their RFP response. D. One (1) original, so designated and four (4) copies along with one (1) electronic copy on a USB thumb drive, for a total of six (6) submittals of the RFP response, shall be submitted in one sealed package clearly marked on the outside "RFP No. 012-2821-19/IT WATER CONSERVATION EDUCATION PROGRAM", and addressed to: City of Boynton Beach, Finance/Procurement Services, 3301 Quantum Blvd., Suite 101, Boynton Beach, FL 33426. E. Responses shall clearly indicate the legal name, address and telephone number of the proposer (firm, corporation, partnership or individual). Responses shall be signed above the typed or printed name and title of the signer. The signer shall have the authority to bind the proposer to the submitted RFP. Proposers must note their Federal I.D. number on their RFP submittal and include a copy of their W-9. F. All expenses for making RFP responses to the City are to be borne by the proposer. G. A sample draft contract that the City intends to execute with the successful firm is contained in this Request for Proposal for review. The City reserves the right to modify the contract language prior to execution. The scope of services will closely track the scope of work detailed in Section II of this Request for Proposal. City of Boynton Beach RFP No.012-2821-19/IT Page 6 of 43 Page 95 of 1256 Section II — PURPOSE, BACKGROUND AND SCOPE OF SERVICES 1. PURPOSE AND INTENT The City of Boynton Beach is seeking qualified firms to submit proposals to conduct a conservation education program to approximately 1,000-1,200 upper-elementary and/or middle school students within the Boynton Beach Utilities service area during the 2018- 2019, 2019-2020, and subsequent school years. The City is seeking services for a two- year base term with up to three additional one-year renewal options to extend the service agreement. The City reserves the right to increase or decrease the amount of students over the contract term. 2. BACKGROUND For several years, the City of Boynton Beach has sponsored an in-school conservation education program as part of its water conservation plan required by the South Florida Water Management District. The program teaches students, their teachers, and their parents about the importance of conservation through a classroom curriculum and the installation of a home conservation kit. Prior service providers have implemented the program to up to 1,000 5th grade students each year at elementary schools within the Boynton Beach Utilities service area. Program results are quantified in terms of water savings, energy savings, and knowledge gained. 3. SCOPE OF SERVICES The City is seeking a turnkey educational program to teach upper-elementary and/or middle school students about water and energy conservation. The program shall be delivered by the teacher in the classroom setting using a curriculum that supports current Florida education standards. In addition to the classroom component, the program shall include the installation of at-home "conservation kits" and shall measure resultant energy and water savings. In prior years, the City has sponsored the program in 5th grade classrooms only, but contractors may propose alternate approaches or grade levels that they determine are best suited to their proposed curriculum. Based on the number of 5th grade students in the Boynton Beach Utilities service area in 2018, we estimate that the program will reach between 1,000 and 1,200 total students each year. The Scope of Services includes, but is not necessarily limited to, the following tasks and deliverables: A. DESIGN To develop a conservation education program that is customized to the City's needs, the Contractor will be responsible for the following: 1) Meet with the City's Sustainability Coordinator prior to program launch, to discuss objectives, timeline, alignment with City programs, and reporting requirements. 2) Develop educational content that meets the City's needs and reflects current Florida educational standards. The curriculum may consist of digital and/or print materials; shall include interactive, hand-on activities; and shall be implementable within the classroom setting in no more than 10 total classroom hours. 3) Develop customized conservation kits that include a variety of water-saving and/or energy-saving devices for home installation. City of Boynton Beach RFP No.012-2821-19/IT Page 7 of 43 Page 96 of 1256 B. DELIVERY The Contractor shall recruit participating schools and teachers, and coordinate delivery of program materials to participants, according to a timeline approved by the City. The Contractor shall be responsible for the following: 1) Work with the City to identify target schools and grade levels for program recruitment, based on the following preliminary list of schools within the Utilities service area: • Citrus Cove Elementary School • Congress Middle School • Crosspointe Elementary School • Forest Park Elementary School • Franklin Academy Charter School • Freedom Shores Elementary School • Galaxy Elementary School • Hidden Oaks Elementary School • Imagine Schools-Chancellor Campus • Poinciana Elementary STEM Magnet School • Rolling Green Elementary School • Saint Joseph's Episcopal School • SouthTech Preparatory Academy 2) Conduct outreach with schools and individual teachers to enroll participating classrooms. 3) Deliver program materials and conservation kits to the enrolled teachers. 4) Maintain contact with participating teachers to provide support throughout the program. C. RESULTS ASSESSMENT The program shall use surveys and knowledge assessments to collect data and measure program success. The Contractor shall be responsible for the following: 1) Administer a pre- and post- knowledge assessment of students. 2) Instruct students to install at-home conservation kits with their parents, and solicit feedback on the kits from both students and parents. 3) Administer a post-program evaluation survey of teachers. 4) Submit a final report to the City no later than July 31 following each contracted school year. At minimum, the report should contain the names of participating schools, number of students reached, a summary of curriculum content, projected water and energy savings, results of pre/post knowledge assessments, and results of evaluation surveys. 5) Meet with the Sustainability Coordinator after program completion to discuss its success and any future modifications to the program. City of Boynton Beach RFP No.012-2821-19/IT Page 8 of 43 Page 97 of 1256 Section III - PROPOSAL SUBMITTAL INSTRUCTIONS AND REQUIREMENTS I. In order to facilitate the analysis of responses to this RFP, Respondents are required to prepare their proposals in accordance with the instructions outlined in this section. Consultants whose proposals deviate from these instructions may be considered non- responsive and may be disqualified at the discretion of the City of Boynton Beach. II. Proposals shall be prepared as simply as possible and provide a straightforward, concise description of the Respondent's capabilities to satisfy the requirements of the RFP. Expensive bindings, color displays, promotional materials, etc., are not necessary or desired. Emphasis shall be concentrated on accuracy, completeness, and clarity of content. a. Each of the eight (8) sections listed below shall be tabbed and labeled. b. Each page shall be numbered on the bottom right hand corner. c. Submit one (1) original proposal and four (4) copies + one (1) electronic copy on flash drive or CD/DVD. Cl. The proposal shall be organized as follows: Proposal Tab Section Title 1. Introduction letter/ Statement of Interest 2. Statement of Organization 3. Minimum Requirements 4. Proposed Scope of Services/Implementation 5. Qualifications and Experience 6. References 7. Cost Proposal 8. Submittal Forms TAB 1 - INTRODUCTION LETTER / STATEMENT OF INTEREST = The Respondent shall provide an introduction letter on corporate letterhead, signed by an authorized representative of the company. The letter should clearly indicate the company name, address and signature. This letter shall provide a brief narrative highlighting the Respondent's proposal. This tab section should not include cost quotations. TAB 2 — STATEMENT OF ORGANIZATION_= The Respondent shall provide the following information: A. Legal contracting name including any dba. B. State of organization or incorporation. C. Ownership structure of Respondent's company. (e.g., Sole Proprietorship, Partnership, Limited Liability Corporation, Corporation) D. Federal Identification Number. E. Contact information for Respondent's Corporate headquarters. Address City, State, Zip Phone City of Boynton Beach RFP No.012-2821-19/IT Page 9 of 43 Page 98 of 1256 F. Contact information for Respondent's Local office (if any). Address City, State, Zip Phone G. List of officers, owners and/or partners, or managers of the firm. Include names, business addresses, email addresses, and phone numbers. H. Any additional organizational information that Respondent wishes to supply to augment its organizational structure. I. Contact information for Respondent's Primary representative during this RFP process. Name Phone E-mail Mailing Address City, State, Zip J. Contact information for Respondent's Secondary representative during this RFP process. Name Phone E-mail Mailing Address City, State, Zip K. Briefly summarize any potential conflicts of interest, pending or current litigation relating to the performance of requested surveying services in which Respondent is party to. Disclose any circumstance where the conduct of the Respondent is being investigated or has had an adverse determination by any legal or administrative body. L. Provide details of any ownership changes to Respondent's organization in the past three years or changes anticipated within six months of the Due Date and Time (e.g., mergers, acquisitions, changes in executive leadership). TAB 3 — MINIMUM REQUIREMENTS — Each respondent shall submit information and documentation requested that confirms it meets the following qualification requirement(s): a. Must be registered with the States of Florida, Division of corporations to do business in Florida. No documentation is required. The City will verify registration. TAB 4— PROPOSED SCOPE OF SERVICES / IMPLEMENTATION — 1. The Respondent shall describe its implementation plan and approach, including program design, delivery, and assessment of results. 2. The Respondent shall detail its unique expertise and resources that provide advantages to the firm's approach and execution. 3. The Respondent shall provide a schedule for implementation within the 2018-2019 and subsequent school years. City of Boynton Beach RFP No.012-2821-19/IT Page 10 of 43 Page 99 of 1256 TAB 5— QUALIFICATIONS AND EXPERIENCE— 1. The Respondent shall describe its qualifications and demonstrated experience with services of this scale and similar complexity. 2. The Respondent shall describe the expertise and experience of personnel assigned to project, including resume of project manager within the past three (3) years. 3. The Respondent shall provide sample materials to demonstrate its success in previously implemented similar programs. TAB 6 — REFERENCES — The Respondent shall provide references for similarly successful projects from at least three governmental agencies (or regional districts), including the name of the agency, contact name, telephone, fax and email address. TAB 7 — COST PROPOSAL — The City of Boynton Beach requests that the firms interested in responding complete the Cost Proposal Form attached herein. Provide a unit fee amount (per student) and an annual amount for the proposed services outlined in the Scope of Work. Please include all expenses in the unit and annual amounts. TAB 8 — SUBMITTAL FORMS — Respondents must complete and submit the required forms in order for submittal to be considered a valid response. DO NOT INCLUDE YOUR PRICE PROPOSAL FORM IN THIS SECTION RATHER INCLUDE IT IN TAB 7— COST PROPOSAL. ■ Proposer's Acknowledgement ■ Acknowledgment of Addendum(s) ■ Statement of Proposer's Qualifications ■ References ■ Anti-Kickback Affidavit ■ Non Collusion Affidavit of Prime Proposer ■ Confirmation of Minority Owned Business ■ Confirmation of a Drug Free Workplace ■ Acknowledgement of PBC Inspector General ■ City of Boynton Beach Local Business Status ■ Scrutinized Companies Certification Form ■ Schedule of Sub-Consultants ■ Statement of No Proposal (if applicable) THE REMAINDER OF THE PAGE IS INTENTIONALLY LEFT BLANK. City of Boynton Beach RFP No.012-2821-19/IT Page 11 of 43 Page 100 of 1256 Section IV— PROPOSAL EVALUATION METHOD AND CRITERIA: The City will designate a Selection Committee to review and evaluate the Proposals submitted in response to this RFP. The Purchasing Manager shall determine whether each Respondent is responsive and responsible. For the purposes of this RFP, a responsive Respondent means a Firm that has submitted a proposal that conforms in all material respects to the requirements in the RFP. Accordingly, the Purchasing Manager will determine whether each Proposer correctly submitted all of the necessary forms and documents. Among other things, a proposal may be found to be non-responsive if the Respondent failed to provide the information requested in the RFP; failed to utilize or complete the required forms; provided incomplete, indefinite, or ambiguous responses; failed to comply with the applicable deadlines; provided improper or undated signatures; or provided information that is false, misleading, or exaggerated. The Selection Committee will evaluate each proposal utilizing the following criteria: Criterion Max Score Proposed Scope of Services/Implementation 30 Qualifications and Experience 25 References 15 Cost Proposal 25 Local Business Certification Form 5 Total 100 At any time during the Selection process, the City may reject a proposal if the City concludes the Proposer is not qualified (e.g. Proposer does not satisfy the minimum requirements criteria set forth in this RFP). City of Boynton Beach RFP No.012-2821-19/IT Page 12 of 43 Page 101 of 1256 REQUEST FOR PROPOSALS FOR WATER CONSERVATION EDUCATION PROGRAM RFP No.: 012-2821-19/IT GENERAL CONDITIONS 1. FAMILIARITY WITH LAWS: The qualifier is assumed to be familiar with all Federal, State and Local laws, ordinances, rules and regulations that in any manner affect the equipment. Ignorance on the part of the qualifier will in no way relieve them from responsibility. 2. BID FORMS: The bidder will submit a bid on the bid forms provided. All bid prices, amounts and descriptive information must be legibly entered. The bidder must state the price and the time of delivery for which they propose to deliver the equipment or service requested. The bidder IS required to be licensed to do business as an individual, partnership or corporation in the State of Florida. Place all required bid forms in a sealed envelope that has the company's name and address, proposal title, number, proposal date and time on the outside of the sealed envelope. Proposals not submitted on appropriate proposal forms may be rejected. All proposals are subject to the conditions specified herein. Proposals which do not comply with these conditions are subject to rejection. 3. EXECUTION OF BID: Proposal must contain an original signature of a representative who is legally authorized to contractually bind the Proposer. 4. NO BID: If not submitting a proposal, respond by returning one copy of the"STATEMENT OF NO BID" and explain the reason by indicating one of the reasons listed or in the space provided. Repeated failure to quote without sufficient justification shall be cause for removal of the Professional's name from the mailing list. NOTE: To qualify as a respondent, bidder must submit a "NO BID" and it must be received no later than the stated bid receiving date and hour. 5. BID DEADLINE: It is the proposer's responsibility to assure that the proposal is delivered at the proper time and place prior to the proposal deadline. The City of Boynton Beach is not responsible for the U.S. Mail or private couriers in regards to mail being delivered by a specified time so that a proposal can be considered. Proposals which for any reason are not delivered by the deadline will not be considered. If no award has been made, the City reserves the right to consider proposals that have been determined by the City to be received late due to mishandling by the City after receipt of the proposal. Offers by telegram or telephone are not acceptable. 6. RIGHT TO REJECT RFP: Right is reserved to reject any or all RFP's and to waive technical errors, or to accept any RFP's that are in part deemed as the best responsible qualifier which represents the most advantageous RFP to the City. In determining the ,'most advantageous RFP", price, quantifiable factors, and other factors are considered. This would include specifications, proposed schedule, the proposed price and other factors contributing to the overall acquisition cost of this service. Consideration may be given, but not necessarily limited to conformity to the specifications, including timely delivery, product warranty, a qualifier's proposed service, ability to supply and provide service, delivery to required schedules and past City of Boynton Beach RFP No.012-2821-19/IT Page 13 of 43 Page 102 of 1256 performances in other Contracts with the City or other government entities. 7. RIGHTS OF THE CITY: The City expressly reserves the right to: ■ Waive as an informality, minor deviations from specifications at a lower price than the best responsible qualifier meeting all aspects of the specifications and consider it, if it is determined that total cost is lower and the overall function is improved or not impaired; ■ Waive any defect, irregularity or informality in any RFP or qualifying procedure; ■ Reject or cancel any or all RFP's; ■ Reissue Request for Proposal Invitation; ■ Extend the RFP opening time and date; ■ Consider and accept an alternate RFP as provided herein when most advantageous to the City. 8. STANDARDS: Factors to be considered in determining whether the standard of responsibility has been met include whether a prospective qualifier has: ■ Available the appropriate financial, material, equipment, facility and personnel resources and expertise, or the ability to obtain them, necessary to indicate its capability to meet all contractual requirements; ■ A satisfactory record of performances; ■ A satisfactory record of integrity; ■ Qualified legally to Contract within the State of Florida and the City of Boynton Beach; ■ Supplied all necessary information in connection with the inquiry concerning responsibility. 9. INFORMATION AND DESCRIPTIVE LITERATURE: Proposers must furnish all information requested in the spaces provided on the RFP form. Further, as may be specified elsewhere, each qualifier must submit for RFP evaluation cuts, sketches, and descriptive literature and technical specifications covering the products offered. Reference to literature submitted with a previous RFP or on file with the buyer will not satisfy this provision. 10. INTERPRETATIONS: Any questions concerning conditions and specifications should be directed to this office in writing no later than ten (10) days prior to the RFP closing. Inquiries must reference the date by which the RFP is to be received. 11. CONFLICT OF INTEREST: The award hereunder is subject to all conflict of interest provisions of the City of Boynton Beach, Palm Beach County, of the State of Florida. 12. TRADE SECRET:Any language contained in the Proposer's Proposal purporting to require confidentiality of any portion of the Proposal, except to the extent that certain information is in the City's opinion a Trade Secret pursuant to Florida law, shall be void. If a Proposer submits any documents or other information to the City which the Proposer claims is Trade Secret information and exempt from Florida Statutes Chapter 119.07 (Public Records Laws), the City of Boynton Beach RFP No.012-2821-19/IT Page 14 of 43 Page 103 of 1256 Proposer shall clearly designate that it is a Trade Secret and that it is asserting that the document or information is exempt. The Proposer must specifically identify the exemption being claimed under Florida Statutes 119.07. The City shall be the final arbiter of whether any information contained in the Proposer's Proposal constitutes a Trade Secret. The City's determination of whether an exemption applies shall be final, and the Proposer agrees to defend, indemnify, and hold harmless the City its officers, employees, volunteers, and agents, against any loss or damages incurred by any person or entity as a result of the City's treatment of records as public records. Proposals purporting to be subject to copyright protection in full or in part will be rejected. EXCEPT FOR CLEARLY MARKED PORTIONS THAT ARE BONA FIDE TRADE SECRETS PURSUANT TO FLORIDA LAW, DO NOT MARK YOUR PROPOSAL AS PROPRIETARY OR CONFIDENTIAL. DO NOT MARK YOUR PROPOSAL OR ANY PART THEREOF AS COPYRIGHTED. 13. SUBCONTRACTING: If a qualifier subcontracts any portion of a Contract for any reason, they must state the name and address of the subcontractor and the name of the person to be contacted on the attached "Schedule of Subcontractors". The City of Boynton Beach reserves the right to accept or reject any or all RFP's wherein a subcontractor is named and to make the award to the qualifier, who, in the opinion of the City, will be in the best interest of and/or most advantageous to the City. The City also reserves the right to reject the RFP of any qualifier if the RFP names a subcontractor who has previously failed in the proper performance of an award or failed to deliver on time Contracts of a similar nature, or who is not in a position to perform properly under this award. The City reserves all rights in order to make a determination as to the foregoing. 14. ADDENDA: From time to time, the City may issue an addendum to change the intent or to clarify the meaning of the Contract documents. Since all addenda are available to Proposers at the Office of Procurement Services, it is each qualifier's responsibility to check with the issuing office and immediately secure all addenda before submitting RFP's. It is the usual practice for the City to upload all addenda to Demanstar.com, but it cannot be guaranteed that all Proposers will receive ALL addendum(s) in this manner. Each qualifier shall acknowledge receipt of ALL addenda by notation on the RFP. 15. ESCALATOR CLAUSE: Any RFP which is submitted subject to an escalator clause will be rejected. 16. EXCEPTIONS: Incorporation in an RFP of exceptions to any portion(s), of the Contract documents may invalidate the RFP. Exceptions to the Technical and Special Provisions shall be clearly and specifically noted in the qualifier's RFP on a separate sheet marked "EXCEPTIONS TO THE SPECIFICATIONS" and this sheet shall be attached to the RFP. The use of qualifier's standard forms or the inclusion of manufacturer's printed documents shall not be construed as constituting an exception within the intent of the Contract documents. 17. DISPUTES: In case of any doubt or difference of opinion as to the items to be furnished hereunder, the decision of the City Manager shall be final and binding on both parties. 18. ANTITRUST CAUSE OF ACTION: In submitting an RFP to the City of Boynton Beach, the respondent offers and agrees that if the RFP is accepted, the respondent will convey, sell, assign or transfer to the City of Boynton Beach all rights, title and interest in and to all causes of action it may now or hereafter acquire under the antitrust laws of the United States and State of Florida for price fixing relating to the particular commodities or services purchased or acquired by the City of Boynton Beach. At the City of Boynton Beach's discretion, such City of Boynton Beach RFP No.012-2821-19/IT Page 15 of 43 Page 104 of 1256 assignment shall be made and become effective at the time the purchasing agency tender's final payment to the respondent. 19. GOVERNMENTAL RESTRICTIONS: In the event any governmental restrictions may be imposed which would necessitate alteration of the material, quality, workmanship or performance of the items offered on this RFP prior to their delivery, it shall be the responsibility of the successful qualifier to notify the City at once, indicating in a letter the specific regulation which required an alteration. The City reserves the right to accept any such alterations, including any price adjustments occasioned thereby, or to cancel the Contract at no expense to the City. 20. LEGAL REQUIREMENTS: Federal, State, County, and City laws, ordinances, rules, and regulations that in any manner affect the items covered herein apply. Lack of knowledge by the qualifier will in no way be a cause for relief from responsibility. 21. ON PUBLIC ENTITY CRIMES - All Request for Proposal Invitations as defined by Section 287.012(l 1), Florida Statutes, Requests for Proposal as defined by Section 287.012(16), Florida Statutes, and any contract document described by Section 287.058, Florida Statutes, shall contain a statement informing persons of the provisions of paragraph (2)(a) of Section 287.133, Florida Statutes, which reads as follows: "A person or affiliate who has been placed on the convicted Professional list following a conviction for public entity crime may not submit an RFP on a contract or provide any goods or services to a public entity, may not submit an RFP on a contract with a public entity for the construction or repair of a public building or public work, may not submit RFP's on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted Professional list". 22. ADVERTISING: In submitting an RFP, the qualifier agrees not to use the results therefrom as a part of any commercial advertising. Violation of this stipulation may be subject to action covered under"NONCONFORMANCE TO CONTRACT CONDITIONS". 23. ASSIGNMENT: Any Purchase Order issued pursuant to this RFP invitation and the monies which may become due hereunder are not assignable except with the prior written approval of the City. 24. LIABILITY: The selected bidder(s) shall hold and save harmless the City of Boynton Beach, Florida its officers, agents, volunteers and employees from liability of any kind in the performance of this Contract. Further, the selected bidder(s) shall indemnify, save harmless and undertake the defense of the City, its City Commissioners, agents, servants an employees from and against any and all claims, suits, actions, damages, or causes of action arising during the term of this Contract, for any personal or bodily injury, loss of life, or damage to property arising directly or indirectly from bidder's operation pursuant to this Contract and from and against all costs, attorney fees, expenses and liabilities incurred in and about any such claims, the investigation thereof, or the defense of any action or proceedings brought thereon, and from and against any orders or judgments which may be entered therein. The City shall notify the bidder within ten (10) business days of receipt by the City of any claim, suit or action against the City arising directly or indirectly from the operations of the bidder hereunder, for which the City may be entitled to a claim or indemnity against the bidder, under City of Boynton Beach RFP No.012-2821-19/IT Page 16 of 43 Page 105 of 1256 the provisions of this Contract. Bidder shall have the right to control the defense of any such claim, suit, or actions. The bidder shall also be liable to the City for all costs, expenses, attorneys' fees and damages which may be incurred or sustained by the City by reason of the bidder's breach of any of the provision of the contract. Bidder shall not be responsible for negligent acts of the City or its employees. 25. PURCHASING AGREEMENTS WITH OTHER GOVERNMENT AGENCIES: At the option of the Professional, the use of the contract resulting from this solicitation may be extended to other governmental agencies, including the State of Florida, its agencies, school boards, political subdivisions, counties, and cities. Each governmental agency allowed by the Contractor to use this contract shall do so independent of any other governmental entity. Each agency shall be responsible for its own purchases and shall be liable only for goods or services ordered, received and accepted. No agency receives any liability by virtue of this bid and subsequent contract award. 26. AWARD OF CONTRACT: Contracts or Purchase Orders will be awarded by the City to the most responsive, responsible qualifier whose RFP represents the most advantageous RFP to the City, Evaluation of RFP's will be made based upon the evaluation factors and standards heretofore set forth. The City reserves the right to reject any and all RFP's and to waive technical errors as heretofore set forth. In the event of a Court challenge to an award by any qualifier, damages, if any, resulting from an improper award shall be limited to actual RFP preparation costs incurred by the challenging qualifier. In no case will the award be made until all necessary investigations have been made into the responsibility of the qualifier and the City is satisfied that the best responsible qualifier is qualified to do the work and has the necessary organization, capital and equipment to carry out the required work within the time specified. 27. FUNDING OUT: The resultant Agreement shall remain in full force and effect only as long as the expenditures provided for in the Agreement have been appropriated by the City Commission for the City of Boynton Beach in the annual budget for each fiscal year of this Agreement, and is subject to termination based on lack of funding. 28. LICENSE AND PERMITS: It shall be the responsibility of the successful qualifier to obtain all licenses and permits, if required, to complete this service at no additional cost to the City. Licenses and permits shall be readily available for review by the Assistant to the Finance Director and City Inspectors. 29. COMPLIANCE WITH OCCUPATIONAL SAFETY AND HEALTH: Qualifier certifies that all material, equipment, etc., contained in this RFP meets all O.S.H.A. requirements. Qualifier further certifies that if awarded as the successful qualifier, and the material equipment, etc. delivered is subsequently found to be deficient in any O.S.H.A. requirement in effect on date of delivery, all costs necessary to bring the materials, equipment, etc., into compliance with the aforementioned requirements shall be borne by the qualifier. Qualifier certifies that all employees, subcontractors, agents, etc. shall comply with all O.S.H.A. and State safety regulations and requirements. 30. PALM BEACH COUNTY INSPECTOR GENERAL: 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 any contracts resulting from this solicitation, and in furtherance thereof, may demand and obtain records and testimony from the contractor and its 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 City of Boynton Beach RFP No.012-2821-19/IT Page 17 of 43 Page 106 of 1256 Inspector General when requested, may be deemed by the municipality to be a material breach of this contract justifying its termination. 31. PUBLIC RECORDS: Sealed documents received by the City in response to an invitation are exempt from public records disclosure until thirty (30) days after the opening of the Bid unless the City announces intent to award sooner, in accordance with Florida Statutes 119.07. The City is public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: A. Keep and maintain public records required by the CITY to perform the service; B. Upon request from the CITY's custodian of public records, provide the CITY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in chapter 119, Fla. Stat. or as otherwise provided by law; C. Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and, following completion of the contract, Contractor shall destroy all copies of such confidential and exempt records remaining in its possession once the Contractor transfers the records in its possession to the CITY; and D. Upon completion of the contract, Contractor shall transfer to the CITY, at no cost to the CITY, all public records in Contractor's possession All records stored electronically by Contractor must be provided to the CITY, upon request from the CITY's custodian of public records, in a format that is compatible with the information technology systems of the CITY. E. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: JUDY PYLE, CITY CLERK 3301 QUANTUM BLVD., SUITE 101 BOYNTON BEACH, FLORIDA, 33426 561-742-6061 PYLEJ@BBFL.US 32. LOCAL BUSINESS STATUS CERTIFICATION: The City of Boynton Beach Administrative Policy No. 10.16.01 provides for a local business preference. "For all acquisitions made pursuant to Requests for Proposals, Requests for Qualifications or Requests for Letters of Interest, the solicitation shall include a weighted criterion for Local Businesses of five percentage points (5%) of the total points in the evaluation criteria City of Boynton Beach RFP No.012-2821-19/IT Page 18 of 43 Page 107 of 1256 published in the.solicitation. For all acquisitions made pursuant to Requests for Proposals, Requests for Qualification or Requests for Letters of Interest, where the solicitation includes a qualitative ranking rather than a quantitative selection, the evaluation criteria shall include a Local Business preference, as reasonably determined by the Financial Services Department, Purchasing Services, consistent with the intent of this Policy. Each such solicitation shall clearly define the application of the Local Business preference." In order to be considered for a local business preference, a Respondent must include the Local Business Status Certification Form at the time of RFP submittal. Failure to submit this form at the time of RFP submittal will result in the Respondent being found ineligible for the local business preference for this solicitation. Respondents who are certified as required will receive the full five points allotted for this evaluation criteria. All other firms will receive zero points in this evaluation criterion. 33. SCRUTINIZED COMPANIES - 287.135 and 215.473 By submission of this Bid, Proposer certifies that Proposer is not participating in a boycott of Israel. Proposer further certifies that Proposer is not on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has Contractor been engaged in business operations in Syria. Subject to limited exceptions provided in state law, the City will not contract for the provision of goods or services with any scrutinized company referred to above. Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to Contractor of the City's determination concerning the false certification. Contractor shall have five (5) days from receipt of notice to refute the false certification allegation. If such false certification is discovered during the active contract term, Contractor shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If Contractor does not demonstrate that the City's determination of false certification was made in error then the City shall have the right to terminate the contract and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time. QUESTIONS: Any questions relative to any item(s) or portion of Request for Proposal should be directed to Ilyse Triestman, Purchasing Manager, (561) 742-6322 Monday through Friday from 8:00 A.M. to 5:00 P.M; email: triestmani@_bbfl.us THE REMAINDER OF THE PAGE IS INTENTIONALLY LEFT BLANK. City of Boynton Beach RFP No.012-2821-19/IT Page 19 of 43 Page 108 of 1256 REQUEST FOR PROPOSALS FOR WATER CONSERVATION EDUCATION PROGRAM RFP No.: 012-2821-19/IT PROPOSER ACKNOWLEDGEMENT Submit RFP's to: PROCUREMENT SERVICES 3301 Quantum Blvd., Suite 101 Boynton Beach, Florida 33426 Telephone: (561) 742-6322 RFP Title: WATER CONSERVATION EDUCATION PROGRAM RFP Number: 012-2821-19/IT RFP Received by: JANUARY 14, 2019, NO LATER THAN 2:30 P.M. RFP's will be opened in Procurement Services unless specified otherwise. RFP receiving date and time is scheduled for: JANUARY 14, 2019, NO LATER THAN 2:30 P.M. (LOCAL TIME) and may not be withdrawn within ninety (90) days after such date and time. All awards made as a result of this RFP shall conform to applicable sections of the charter and codes of the City. Name of Professional: Federal I.D. Number: A Corporation of the State of: Area Code: Telephone Number: Area Code: FAX Number: Mailing Address: City/State/Zip: E-mail Address: Authorized Signature Name Typed THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED 20 COMPLETE AND ACCEPTABLE. RFP No. 012-2821-19/IT Page 109 of 1256 A D D E N D A CITY OF BOYNTON BEACH FLORIDA RFP TITLE: "WATER CONSERVATION EDUCATION PROGRAM" RFP NO.: 012-2821-19/IT DATE SUBMITTED: We propose and agree, if this submittal is accepted, to contract with the City of Boynton Beach, in the Contract Form, to furnish all material, means of transportation, coordination, labor and services necessary to complete/provide the work specified by the Contract documents. Having studied the documents prepared by: THE CITY OF BOYNTON BEACH we propose to perform the work of this Project according to the Contract documents and the following addenda which we have received: ADDENDUM DATE ADDENDUM DATE ❑ NO ADDENDUM WAS RECEIVED IN CONNECTION WITH THIS BID THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED 21 COMPLETE AND ACCEPTABLE. RFP No. 012-2821-19/IT Page 110 of 1256 REQUEST FOR PROPOSALS FOR WATER CONSERVATION EDUCATION PROGRAM RFP No.: 012-2821-19/IT COST PROPOSAL FORM Proposers must use this form for submitting its Cost Proposal. The price shall be fixed and firm and should be fully burdened to include all necessary elements such as but not limited to salary, general administrative expenses, travel, mileage, overhead and fee/profit needed to perform all of the services described under this solicitation. ITEM QTY UNIT OF DESCRIPTION UNIT COST ANNUAL MEASURE COST 1. 1,100 STUDENTS Conservation Education $ $ PER SCHOOL Program service YEAR 2. 1,100 STUDENTS Water Conservation Kits $ $ PER SCHOOL YEAR TOTAL ANNUAL FEE: $ COMPANY NAME AUTHORIZED SIGNATURE TELEPHONE NO. PRINTED NAME E-MAIL ADDRESS TITLE DATE THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED 22 COMPLETE AND ACCEPTABLE. RFP No. 012-2821-19/IT Page 111 of 1256 STATEMENT OF QUALIFICATIONS Each qualifier proposing on work included in these General Documents shall prepare and submit the data requested in the following schedule of information. This data must be included in and made part of each RFP document. Failure to comply with this instruction may be regarded as justification for rejecting the RFP response. * attach additional sheets giving the information 1. Name of Qualifier: 2. Business Address: 3. When Organized: 4. Where Incorporated: 5. How many years have you been engaged in business under the present firm name? 6. General character of work performed by your company. 7. Enclose evidence of possession of required licenses and/or business permits. 8. Number of employees. 9. Background and experience of principal members of your personnel, including officers. 10. Bonding capacity, if applicable. 11. Have you ever defaulted on a contract? If so, where and why? THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED 23 COMPLETE AND ACCEPTABLE. RFP No. 012-2821-19/IT Page 112 of 1256 12. Experience in performance of work similar in importance to this project. Project $Value Contact Name Phone # 13. Contracts on hand. * 14. Largest completed projects (include final cost). 1) 2) 3) 15. List all lawsuits (related to similar projects) or arbitration to which you have been a party and which: * 1) arose from performance: 2) occurred within the last 4 years: 3) provide case number and style: Dated at: this day of 20_ By: (written signature) Name: (printed or typed) Title: THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED 24 COMPLETE AND ACCEPTABLE. RFP No. 012-2821-19/IT Page 113 of 1256 REFERENCES FOR (NAME OF FIRM) ""k 1\;, 1,1 1,l 1,l 1,l 1,l 1l 1,L 1,l 1"l 1,l 1,l 1,1 1"`. 1,l 1,l 1,l 1,l t, Company Name: Address: Contact Name: Phone: Fax: E-Mail: "¢l" "' 1\;, ll 1"l ll 1"l ll 1l l,L ll 1"l 1"l 1"l ll l,'. ll ll ll 1"l Company Name: Address: Contact Name: Phone: Fax: E-Mail: "¢l" "' 1\;, ll 1"l ll 1"l ll 1l l,L ll 1"l 1"l 1"l ll l,'. ll ll ll 1"l Company Name: Address: Contact Name: Phone: Fax: E-Mail: "¢l" "' 1\;, ll 1"l ll 1"l ll 1l l,L ll 1"l 1"l 1"l ll l,'. ll ll ll 1"l Company Name: Address: Contact Name: Phone: Fax: E-Mail: THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED 25 COMPLETE AND ACCEPTABLE. RFP No. 012-2821-19/IT Page 114 of 1256 ANTI-KICKBACK AFFIDAVIT STATE OF FLORIDA ) SS COUNTY OF PALM BEACH ) I, the undersigned hereby duly sworn, depose and say that no portion of the sum herein submitted will be paid to any employees of the City of Boynton Beach as a commission, kickback, reward of gift, directly or indirectly by me or any member of my firm or by an officer of the corporation. By: NAME - SIGNATURE Sworn and subscribed before me this day of 20 Printed Information: NAME TITLE NOTARY PUBLIC, State of Florida at Large COMPANY "OFFICIAL NOTARY SEAL" STAMP THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED 26 COMPLETE AND ACCEPTABLE. RFP No. 012-2821-19/IT Page 115 of 1256 NON COLLUSION AFFIDAVIT State of ) County of ) being first duly sworn, deposes and says that: 1) He/She is of , the qualifier (Title) (Name of Corporation or Firm) who has submitted the attached RFP No. 012-2821-19/IT for WATER CONSERVATION EDUCATION PROGRAM 2) He/She is fully informed respecting the preparation and contents of the attached submittal and of all pertinent circumstances respecting such submittal; 3) Said RFP is genuine and is not a collusive or sham RFP; 4) Further, the said qualifier 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 qualifier, firm or person to submit a collusive or sham RFP in connection with the Contract for which the attached RFP 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 qualifier, firm or person to fix the price or prices in the attached RFP or of any other qualifier, or to fix any overhead, profit or cost element of the RFP price or the RFP price of any other qualifier, 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 qualifier or any of its agents, representatives, owners, employees, or parties in interest, including this affiant. (Signed) (Title) Subscribed and sworn to before me This day of 20 My commission expires THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED 27 COMPLETE AND ACCEPTABLE. RFP No. 012-2821-19/IT Page 116 of 1256 CONFIRMATION OF MINORITY OWNED BUSINESS A requested form to be made a part of our files for future use and information. Please fill out and indicate in the appropriate spaces provided which category best describes your company. Return this form with your bid proposal sheet making it an official part of your bid response. Is your company a Minority Owned Business? Yes No If Yes, please indicate by an "X" in the appropriate box: ( ) AMERICAN INDIAN ( ) ASIAN ( ) BLACK ( ) HISPANIC ( ) WOMEN ( ) OTHER (specify) ( ) NOT APPLICABLE Do you possess a Certification qualifying your business as a Minority Owned Business? YES NO If YES, Name the Organization from which this certification was obtained and date: Issuing Organization for Certification Date of Certification THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED 28 COMPLETE AND ACCEPTABLE. RFP No. 012-2821-19/IT Page 117 of 1256 CONFIRMATION OF DRUG-FREE WORKPLACE IDENTICAL TIE SUBMITTALS Preference shall be given to businesses with drug-free workplace programs. Whenever two or more submittals which are equal with respect to price, quality, and service are received by the City of Boynton Beach or by any political subdivision for the procurement of commodities or contractual services, a submittal received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie submittals will be followed if none of the tied Professionals 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 submittal 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 submittal, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than 5 days after such conviction. 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. Professional's Signature THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED 29 COMPLETE AND ACCEPTABLE. RFP No. 012-2821-19/IT Page 118 of 1256 PALM BEACH COUNTY INSPECTOR GENERAL ACKNOWLEDGMENT The Respondent 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 Respondent understands and agrees that in addition to all other remedies and consequences provided by law, the failure of the Contractor or its subcontractors or lower tier subcontractors to fully cooperate with the Inspector General when requested may be deemed by the municipality to be a material breach of this contract justifying its termination. CONTRACTOR NAME By Title: Date: THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED 30 COMPLETE AND ACCEPTABLE. RFP No. 012-2821-19/IT Page 119 of 1256 CITY OF BOYNTON BEACH LOCAL BUSINESS STATUS CERTIFICATION I, , the of (Name of officer of company) (Title of officer of company) , located at (Name of Corporation/Company) (Business Address) Certify that I am an authorized representative of the business and, on behalf of the Business, request that it be deemed to be a local business for purposes of the City of Boynton Beach Local Preference Program. Answering yes to Question 1 and Question 2 below will qualify the business as a local business. In support of this request, I certify the following to be true and correct: NAME OF BUSINESS: 1. Is the business located within the City limits YES NO Number of Years: of Boynton Beach, Florida? 2. Does the business have a business tax YES NO Business License receipt issued in the current year? Number: 3. Is the business registered with the Florida YES NO Division of Corporations? I understand that misrepresentation of any facts in connection with this request may be cause for removal from the certified local business list. I also agree that the business is required to notify the City in writing should it cease to qualify as a local business. Print Name: Signature: ***FOR PURCHASING USE ONLY*** Business License ❑ Year Established: ❑ Active: Verified by: Date: THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED 31 COMPLETE AND ACCEPTABLE. RFP No. 012-2821-19/IT Page 120 of 1256 CERTIFICATION PURSUANT TO FLORIDA STATUTE § 287.135 I, on behalf of certify Print Name and Title Company Name that does not: Company Name 1. Participate in a boycott of Israel; and 2. Is not on the Scrutinized Companies that Boycott Israel List; and 3. Is not on the Scrutinized Companies with Activities in Sudan List; and 4. Is not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List; and 5. Has not engaged in business operations in Syria. Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to the Contractor of the City's determination concerning the false certification. The Contractor shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If the Contractor does not demonstrate that the City's determination of false certification was made in error then the City shall have the right to terminate the contract and seek civil remedies pursuant to Florida Statute § 287.135. Section 287.135, Florida Statutes, prohibits the City from: 1) Contracting with companies for goods or services in any amount if at the time of bidding on, submitting a proposal for, or entering into or renewing a contract if the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, F.S. or is engaged in a boycott of Israel; and 2) Contracting with companies, for goods or services over $1,000,000.00 that are on either the Scrutinized Companies with activities in the Iran Petroleum Energy Sector list, created pursuant to s. 215.473, or are engaged in business operations in Syria. As the person authorized to sign on behalf of the Contractor, I hereby certify that the company identified above in the section entitled "Contractor Name" does not participate in any boycott of Israel, is not listed on the Scrutinized Companies that Boycott Israel List, is not listed on either the Scrutinized Companies with activities in the Iran Petroleum Energy Sector List, and is not engaged in business operations in Syria. I understand that pursuant to section 287.135, Florida Statutes, the submission of a false certification may subject the company to civil penalties, THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED 32 COMPLETE AND ACCEPTABLE. RFP No. 012-2821-19/IT Page 121 of 1256 attorney's fees, and/or costs. I further understand that any contract with the City for goods or services may be terminated at the option of the City if the company is found to have submitted a false certification or has been placed on the Scrutinized Companies with Activities in Sudan list or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List. COMPANY NAME SIGNATURE PRINT NAME TITLE THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED 33 COMPLETE AND ACCEPTABLE. RFP No. 012-2821-19/IT Page 122 of 1256 @ / / - LU c o t § ■ 2 @ U f 5 \_ § 0 � � © 0 . / (L _ 4- ol:z% s § ° C- m Eo ■ 2 ± » § o � - = O o t 'e o /7 0 0 22 S a) (n = 5 m 2 * a = % 5 __ 7 � o 2 0 E E 2 / \ @ = = o c / = o 0 L 4- @ LU 0) aE * E2 � U \ te L n LU t274� two o § add � � 2 II) " Z § � ko2 § � _0 M /\ § a) / co 0 � « Ek \ . 2 / § n e_ 2 a (h § ® / k * 0 -0 § \ ° 0 0 C14 LU n _0 \co Q \ \ � ul�CL \ CN2 0a0 C « a 02 co ko / ° Cl) / \ \ � § C5 k « O \ $ ± f 0 \ \ _ � U / (5 -0 2 /k \ Wb / 2E0 @ § f / � g 2 D \ � \ � 2 0 LU 2I U 2 Ea CL � a) OD- * � LU �� ( 0E0 Lu0 e 22 t \ \ S 0U w o « 7 x ƒ 0 0 0 \f / &d def � / 0 .0 2 2.- \ 0 / n CL V) 2 £ o = 0 / o = 0 /t � n 02 $ ƒ n0Sa . _ - ƒ ± ± s o (1) co � ■ @ 5 � \ Co/ k 0 E § f \ * ° ° © S / CU 2 y # § Z f $ g \ o = = f E e n § _ = o . / 7 -2 7 5k2 ± 0 0 2 0 \ R = = 0 ■ n o o = STATEMENT OF NO SUBMITTAL If you are not submitting an RFP for this project, please complete and return this form to: PROCUREMENT SERVICES, City of Boynton Beach, 3301 Quantum Blvd., Suite 101, Boynton Beach, Florida 33426. Failure to respond may result in deletion of Firm's name from the City's Firm list. COMPANY NAME: ADDRESS: TELEPHONE: SIGNATURE: DATE: WE, the undersigned have declined to respond to your RFP No. 012-2821-19/IT WATER CONSERVATION EDUCATION PROGRAM because of the following reasons: Specifications too "tight", i.e., geared toward brand or manufacturer only (explain below) Insufficient time to respond to the Invitation We do not offer this product or an equivalent Our product schedule would not permit us to perform Unable to meet specifications Unable to meet bond requirements Specifications unclear (explain below) Other (specify below) REMARKS: 35 Page 124 of 1256 "DRAFT" SUBJECT TO REVISIONS PRIOR TO SIGNING. AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND PROGRAM PROVIDER THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to as "the City", and . hereinafter referred to as "PROGRAM PROVIDER", in consideration of the mutual benefits, terms, and conditions hereinafter specified. 1. PROJECT DESIGNATION. The PROGRAM PROVIDER is retained by the City to perform professional services in connection with the RFP FOR WATER CONSERVATION EDUCATION PROGRAM; RFP No.: 012-2821-19/IT. 2. SCOPE OF SERVICES. PROFESSIONAL agrees to perform the services, identified in Section II —Scope of Services and attached hereto as Exhibit A. 3. TIME FOR PERFORMANCE. Work under this agreement shall commence upon written notice by the City to the PROGRAM PROVIDER to proceed. PROGRAM PROVIDER shall perform all services and provide all work product required pursuant to this agreement upon written notice to proceed. 4. TERM: This Agreement shall commence upon award by City Commission. 5. PAYMENT: The City will pay the PROGRAM PROVIDER, the fees as set forth in Exhibit B, Fees and Payments, which is attached hereto and made a part hereof. These fees will be paid by the City for completed work and for services rendered under this agreement as follows, not to exceed a. Payment for the work provided by PROGRAM PROVIDER shall be made promptly on all invoices submitted to the City properly, provided that the total amount of payment to PROGRAM PROVIDER shall not exceed the total contract price without express written modification of the Agreement signed by the City Manager or her designee. b. The PROGRAM PROVIDER may submit invoices to the City once per month during the progress of the work for partial payment for project completed to date. Such invoices will be reviewed by the City, and upon approval thereof, payment will be made to the PROGRAM PROVIDER in the amount approved. c. Final payment of any balance due the PROGRAM PROVIDER of the total contract price earned will be made promptly upon its ascertainment and verification by the City after the completion of the work under this Agreement and its acceptance by the City. d. Payment as provided in this section by the City shall be full compensation for work performed, services rendered and for all materials, supplies, equipment and incidentals necessary to complete the work. e. The PROGRAM PROVIDER'S records and accounts pertaining to this agreement are to be kept available for inspection by representatives of the City and State for a period of three (3) years after the termination of the Agreement. Copies shall be made available upon request. 6. OWNERSHIP AND USE OF DOCUMENTS. All documents, drawings, specifications and other materials produced by the PROGRAM PROVIDER in connection with the services Page X25 of 1256 rendered under this Agreement shall be the property of the City whether the project for which they are made is executed or not. The PROGRAM PROVIDER shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference and use in connection with PROGRAM PROVIDER's endeavors. 7. COMPLIANCE WITH LAWS. PROGRAM PROVIDER shall, in performing the services contemplated by this Agreement, faithfully observe and comply with all federal, state and local laws, ordinances and regulations that are applicable to the services to be rendered under this agreement. 8. INDEMNIFICATION. PROGRAM PROVIDER shall indemnify, defend and hold harmless the City, its offices, agents and employees, from and against any and all claims, losses or liability, or any portion thereof, including fees and costs, arising from injury or death to persons, including injuries, sickness, disease or death to PROGRAM PROVIDER's own employees, or damage to property occasioned by a negligent act, omission or failure of the PROGRAM PROVIDER. 9. INSURANCE. The PROGRAM PROVIDER shall secure and maintain in force throughout the duration of this contract comprehensive general liability insurance with a minimum coverage of$1,000,000 per occurrence and $1,000,000 aggregate for personal injury; and $1,000,000 per occurrence/aggregate for property damage, and professional liability insurance in the amount of$1,000,000 per occurrence to $2,000,000 aggregate with defense costs in addition to limits; workers' compensation insurance, and vehicular liability insurance. Said general liability policy shall name the City of Boynton Beach as an "additional named insured" and shall include a provision prohibiting cancellation of said policy except upon thirty (30) days prior written notice to the City. Certificates of coverage as required by this section shall be delivered to the City within fifteen (15) days of execution of this agreement. 10. INDEPENDENT CONTRACTOR. The Professional and the City agree that the PROGRAM PROVIDER is an independent contractor with respect to the services provided pursuant to this agreement. Nothing in this agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither PROGRAM PROVIDER nor any employee of PROGRAM PROVIDER shall be entitled to any benefits accorded City employees by virtue of the services provided under this agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to PROGRAM PROVIDER, or any employee of PROGRAM PROVIDER. 11. COVENANT AGAINST CONTINGENT FEES. The PROGRAM PROVIDER warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the PROGRAM PROVIDER, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the PROGRAM PROVIDER, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the City shall have the right to annul this contract without liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. Page X1726 of 1256 12. DISCRIMINATION PROHIBITED. The PROGRAM PROVIDER, with regard to the work performed by it under this agreement, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. 13. ASSIGNMENT. The PROGRAM PROVIDER shall not sublet or assign any of the services covered by this Agreement without the express written consent of the City. 14. NON-WAIVER. Waiver by the City of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other provision. 15. TERMINATION. a. The City reserves the right to terminate this Agreement at any time by giving ten (10) days written notice to the PROGRAM PROVIDER. b. In the event of the death of a member, partner or officer of the PROGRAM PROVIDER, or any of its supervisory personnel assigned to the project, the surviving members of the PROGRAM PROVIDER hereby agree to complete the work under the terms of this Agreement, if requested to do so by the City. This section shall not be a bar to renegotiations of this Agreement between surviving members of the PROGRAM PROVIDER and the City, if the City so chooses. 16. DISPUTES. Any disputes that arise between the parties with respect to the performance of this Agreement, which cannot be resolved through negotiations, shall be submitted to a court of competent jurisdiction in Palm Beach County, Florida. This Agreement shall be construed under Florida Law. 17. NOTICES. Notices to the City of Boynton Beach shall be sent to the following address: Lori LaVerriere, City Manager City of Boynton Beach P.O. Box 310 Boynton Beach, FL 33425-0310 Notices to PROGRAM PROVIDER shall be sent to the following address: 18. INTEGRATED AGREEMENT. This agreement, together with attachments or addenda, represents the entire and integrated agreement between the City and the PROGRAM PROVIDER and supersedes all prior negotiations, representations, or agreements written or oral. This agreement may be amended only by written instrument signed by both City and Professional. Page 327 of 1256 19. PUBLIC RECORDS. Sealed documents received by the City in response to an invitation are exempt from public records disclosure until thirty (30) days after the opening of the Bid unless the City announces intent to award sooner, in accordance with Florida Statutes 119.07. The City is public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: A. Keep and maintain public records required by the CITY to perform the service; B. Upon request from the CITY's custodian of public records, provide the CITY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in chapter 119, Fla. Stat. or as otherwise provided by law; C. Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and, following completion of the contract, Contractor shall destroy all copies of such confidential and exempt records remaining in its possession once the Contractor transfers the records in its possession to the CITY; and D. Upon completion of the contract, Contractor shall transfer to the CITY, at no cost to the CITY, all public records in Contractor's possession All records stored electronically by Contractor must be provided to the CITY, upon request from the CITY's custodian of public records, in a format that is compatible with the information technology systems of the CITY. E. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: JUDY PYLE, CITY CLERK 3301 QUANTUM BLVD., SUITE 101 BOYNTON BEACH, FLORIDA, 33435 561-742-6061 PYLEJ@BBFL.US 20. SCRUTINIZED COMPANIES -- 287.135 AND 215.473 By execution of this Agreement, Contractor certifies that Contractor is not participating in a boycott of Israel. Contractor further certifies that Contractor is not on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has Contractor been engaged in business operations in Syria. Subject to limited exceptions provided in state law, the City will not contract for the provision of goods or services with any scrutinized company referred to above. Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to Contractor of the City's determination concerning the false certification. Contractor shall have five (5) days Page 3P28 of 1256 from receipt of notice to refute the false certification allegation. If such false certification is discovered during the active contract term, Contractor shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If Contractor does not demonstrate that the City's determination of false certification was made in error then the City shall have the right to terminate the contract and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time. THE REMAINDER OF THE PAGE IS INTENTIONALLY LEFT BLANK. Page 4P29 of 1256 DATED this day of 20 CITY OF BOYNTON BEACH Lori LaVerriere, City Manager Signature of Authorized Official Printed Name of Authorized Official Attest/Authenticated: Title (Corporate Seal) Judy Pyle, City Clerk Approved as to Form: Attest/Authenticated: James A. Cherof, City Attorney Secretary Page 41130 of 1256 EXHIBIT A SCOPE OF SERVICES [Scope of Services will be inserted prior to execution] Page X31 of 1256 EXHIBIT B FEES AND PAYMENTS [Will be inserted prior to execution] Page tK of 1256 The City of Boynton Beach Finance/Procurement Services P. O. Box 310 Boynton Beach,Florida 33425-0310 Telephone:(561)742-6310 FAX:(561)742-6316 QUESTIONS AND ANSWERS DATE: December 20, 2018 BID No. 012-2821-19/IT - "WATER CONSERVATION EDUCATION PROGRAM" Information included in this document will not have a material impact on the submittal for this solicitation. This document is issued for informational purposes only. It is not necessary to return or acknowledge it in the submittal. The following questions were submitted by prospective proposers prior to the deadline and are answered below in bold type: Q1: Can you please confirm if this RFP needs water and energy conservation or is it just water conservation education? Al: The curriculum should focus mainly on water conservation and include a segment on energy conservation. Only water conservation kits shall be distributed. Q2: I was also looking at the delivery and would like to clarify the schedule/delivery of services. A2: The schedule for 2018-19 and subsequent school years is to be determined by the contractor. The City requires that the program be completed before the end of the school year and the final report be delivered by July 31. If you have any further questions or require additional clarification, please e-mail Ilyse Triestman, Purchasing Manager, triestmani&bbfl.us or phone (561) 742-6322. Sincerely, 01 !N 0 Tim W. Howard Assistant City Manager- Administration Page 133 of 1256 6.B. CONSENTAGENDA 2/19/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 2/19/2019 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R19-017-Authorize the City Manager to submit an application for financial assistance pursuant to the Palm Beach Transportation Planning Agency (TPA) Transportation Alternatives Program for funding for the addition of sidewalk(s) along SE 1st Street; agreeing to fund the local share of project and ongoing maintenance and operations expenses associated with the project and providing for an effective date. EXPLANATION OF REQUEST: December 13, 2018, the Palm Beach Transportation Planning Agency's Board approves the Transportation Alternative Program Grant Offering. The purpose of the grant is to help fund projects that improve the safety and/or convenience of infrastructure for non-motorized users. Funds awarded this year will be available in 2022. On January 24, 2019, the City issued a Purchase Order to Kimley-Horn and Associates and to Wantman Group Inc. for professional engineering and surveying services, respectively, needed to submit an application for a Transportation Alternative Grant from the Palm Beach Transportation Agency. On February 5th, Commission approved an additional task order to Kimley-Horn and Associates. The additional services were to develop 30% civil engineering plans also needed to support the grant application. On February 7th, the City and Kimley-Horn and Associates hosted a Public Information Meeting. This meeting was attended by 37 people consisting of residents and business owners located on SE 1St St. Staff encouraged the attendees to submit a comments form. Twelve comment forms were completed. Based on the completed forms, the attendees indicated a desire for safety, sidewalks, and drainage improvements. The business owners in attendance provided only verbal feedback and indicated a desire for drainage improvements only. A resolution indicating the support of the Commission will be considered when the TPA scores the applications. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The project will provide a safe network of sidewalk along SE 1st Street. FISCAL IMPACT: The funding of the engineering and surveying was funded from the Street Maintenance Sales Taxfunds (303-4905-580.63-08). ALTERNATIVES: None STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No Page 134 of 1256 CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description Resolution authorizing the City Manager to make D Resolution application for funding of sidewalk at SE 1st Street D Attachment Attachment 1 ® TPA's TA Overview D Attachment Attachment 2 ® TPA's draft Resolution Page 135 of 1256 I RESOLUTION NO. R19- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA 4 AUTHORIZING AND DIRECTING THE CITY MANAGER TO 5 SUBMIT AN APPLICATION FOR FINANCIAL ASSISTANCE 6 PURSUANT TO THE PALM BEACH METROPOLITAN PLANNING 7 ORGANIZATION (MPO) TRANSPORTATION ALTERNATIVES 8 PROGRAM FOR FUNDING FOR A PROPOSED TRANSPORTATION 9 PROJECT; AGREEING TO FUND THE LOCAL SHARE OF 10 PROJECT AND THE ONGOING MAINTENANCE AND 11 OPERATIONS EXPENSES ASSOCIATED WITH THE PROJECT; 12 AND PROVIDING FOR AN EFFECTIVE DATE. 13 14 WHEREAS, the CITY OF BOYNTON BEACH is eligible to apply for funding in an 15 amount not to exceed $1 Million from the MPO Transportation Alternatives Program; and 16 WHEREAS,the CITY OF BOYNTON BEACH desires to make improvements to NE 17 1st Street, between Boynton Beach Boulevard and Woolbright Road, through the construction 18 of sidewalks and traffic calming enhancements referred to as the NE 1st Street Complete Streets 19 Improvements (the Project); and 20 WHERAS, the Project will be constructed completely within right-of-way owned by 21 the CITY OF BOYNTON BEACH; and 22 WHEREAS,the owner of the right-of-way has indicated formal written support for the 23 project as documented in Exhibit A; and 24 WHEREAS, If the Project is funded by the TPA, the CITY OF BOYNTON BEACH 25 agrees to appropriate such funds as may be necessary to design the Project, to manage the 26 construction of the project, and to be reimbursed for eligible construction costs associated with 27 the Project in an amount not to exceed $750,000.00; and 28 WHEREAS, after construction of the Project, the CITY OF BOYNTON BEACH 29 agrees to appropriate such funds as may be necessary for the continued operation and 30 maintenance of the Project. 31 NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSIONOF 32 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Page 136 of 1256 33 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 34 being true and correct and are hereby made a specific part of this Resolution upon adoption. 35 Section 2. The City Commission hereby directs and authorizes the City Manager to 36 submit an application for the Transportation Alternatives Program to the TPA for the funding 37 of the Project. 38 Section 3. The City Commission agrees to appropriate such funds as may be 39 necessary to design the Project, to manage the construction of the project, and to support the 40 continued operation and maintenance of the Project. 41 Section 4. That this Resolution shall become effective immediately. 42 PASSED AND ADOPTED this day of , 2019. 43 CITY OF BOYNTON BEACH, FLORIDA 44 45 YES NO 46 47 Mayor— Steven B. Grant 48 49 Vice Mayor— Christina L. Romelus 50 51 Commissioner—Mack McCray 52 53 Commissioner—Justin Katz 54 55 Commissioner—Aimee Kelley 56 57 VOTE 58 ATTEST: 59 60 61 62 Judith A. Pyle, CMC 63 City Clerk 64 65 66 (Corporate Seal) 67 68 Page 137 of 1256 2019 Transportation Alternatives (TA) Program Overview Palm Beach Transportation Planning Agency The purpose of the Palm Beach Transportation Planning Agency's (TPA) Transportation Alternatives (TA)program is to help fund connected infrastructure for non-motorized users. Construction funding is typically provided three years out. Funding is available by Fiscal Year, starting July 1st of the previous calendar year. At g R s 2022 FUNDING AVAILABILITY Application Deadline: March 1, 2019 Total Available Funding: —$3.1M/year Grant Reimbursement Maximum: $1,000,000 Grant Reimbursement Minimum: $250,000 PROJECT ELIGIBILITY Eligible projects are as follows: • Sidewalks • Conversion of abandoned railroad corridors to • Bicycle Infrastructure trails for non-motorized transportation users • Pedestrian and Bicycle signals • Recreation trails • Traffic calming • Boulevard & main street projects that promote • Lighting and other safety-related infrastructure economic revitalization and follow "complete • Safe Routes to School for non-drivers, including safe streets" principles routes to transit • Historic Preservation • Safe Routes to School (infrastructure and non- • Transit-Oriented development (TOD) infrastructure, including Safe Routes to School infrastructure is also eligible and encouraged, if Coordinator) it includes one of the above project categories. ELIGIBLE PROJECT SPONSORS • Local governments • School District, local education agencies, or • Regional Transportation authorities schools • Transit Agencies • Tribal governments • Natural Resource or Public Land Agencies • Nonprofits are eligible to partner with any eligible entity, but are not eligible as direct grant recipients. Page 1 of 5 Page 138 of 1256 2019 Transportation Alternatives (TA) Program Overview Palm Beach Transportation Planning Agency PROGRAM GUIDELINES • An applicant may submit a maximum of two (2) applications, but Palm Beach County may submit a maximum of six (6) applications. Only the highest ranking eligible project application will be included in the draft priority list. If funding permits, a second round of projects may be added to the priority list. • An application must score a minimum of 25 out of 110 points in order to be eligible for Board approval on the Project Priority List. • Applications are limited to a minimum request of $250K and maximum funding amount of $11VI, inclusive of all project phases. • Applications must be submitted online via the TPA website. • Applications are to be submitted, reviewed and processed pursuant to the schedule. • Applications must include all required documents listed in the Submittal Checklist. • Applications will be scored and ranked via the scoring system derived from the goals, objectives and values in the Directions 2040 LRTP and described more specifically in the Scoring Criteria table. • The TPA Board makes the final decision regarding inclusion of an application on the TPA Priority Projects List and may waive any of the above requirements. Page 2 of 5 Page 139 of 1256 2019 Transportation Alternatives (TA) Program Overview Palm Beach Transportation Planning Agency SCHEDULE Date Activity and Deadline December 13,2018 Program Kick-off. TPA Board approves program. Joint Applicant Workshop. FDOT and TPA staff to review application requirements, scoring criteria, and schedule and project implementation December 14, 2018 options.TPA Staff distributes the procedure and application process information to Palm Beach agencies, posts to website and opens the website submittal portal. TPA and/or FDOT Staff Consultation. Applicants are encouraged to schedule an appointment to speak with TPA and FDOT representatives to December 14, 2018 discuss project specifics and clarify application requirements. thru February 22, 2019 Project Reviews by Applicant. Prior to application submittal, project applicants are encouraged to have qualified staff conduct field reviews to ensure that potential projects are"constructible" and require no right-of way acquisition. March 1, 2019 Applications Due to TPA. Completed applications to be submitted by project applicants via TPA website no later than 5 pm. TPA Application Screening. TPA staff will screen applications for March 1—March 15, 2019 completeness and then determine a pre-eligibility ranking for those projects that appear to be eligible and "constructible". TPA Submits Project List and Tentative Ranking to FDOT. TPAs submit March 15, 2019 applications and a summary list of candidate projects with tentative project rankings to the Program Management Office for project feasibility assessment and eligibility determination. April 3, 2019 Community letters of support due to TPA. Letters of support from community groups are needed for scoring projects. April 4, 2019 Applicant Presentations to BTPAC and TPA Staff. BTPAC will rank projects according to committee priority. Resolution of Support Due to TPA. Applicants must submit a resolution May 3, 2019 from their governing body and/or the governing body of the facility owner endorsing the project and committing to funding of operations and maintenance. May 24, 2019 FDOT D4 returns Eligibility Determinations. TPA shares eligibility issues with applicants and creates draft priority ranking for eligible projects. Applicants to Resolve Outstanding Eligibility Issues. Applicants must July 1, 2019 submit modifications to application documents by 5 pm to be declared eligible. Draft Priority List to Committees. TPA staff presents draft prioritized list July 10-11, 2019 of eligible applications to committees for review and input for TPA Board consideration. July 18, 2019 Final Priority List to TPA Board. TPA Board approves final Priority Project List. Submit Project Priorities to FDOT. The TPA submits an adopted list of July 24, 2019 finalized priority projects to the FDOT D4 Program Management Office and notifies sponsors of final priority rankings. Page 3 of 5 Page 140 of 1256 2019 Transportation Alternatives (TA) Program Overview Palm Beach Transportation Planning Agency SCORING CRITERIA Highest Possible score is 110 LRTP Value LRTP Category Criteria Value Scoring Max *separated bicycle lanes-4 8 *10'+shared-use pathways-4 8 Project improves non-motorized safety *8' pathways-3 6 by providing*: *buffered bike lanes-4 8 *new sidewalks-1 2 designated bike lanes-2 4 Safety,Security 1&6 and Complete 34 Streets Project improves safety and/or convenience for non-motorized users(i.e. provide safe routes for non-drivers, including children,older adults,and individuals with 10 disabilities to access daily needs) Improves safety in a location identified as a pedestrian and/or bicycle crash hot 10 spot or corridor by the Palm Beach TPA's Pedestrian and Bicycle Safety Plan Local Implementation via Local Agency Program (LAP)Agreement 5 Maximize TPA FDOT Implementation on State Highway System with Local Funding for design 3 4 Funds FDOT Implementation with Local Funding for design 1 5 Applicant cancels a previously prioritized and funded project within the past 12 5 months Median Household income within 1 mile <60% 5 of project vs PBC median income 60-<80% 3 5 ($55,277) 80%-<100% 1 5 Equity >80% 5 >60-80% 4 Traditionally underserved population percentage within 1 mile of project >40%-60% 3 5>20% 40% 2 5-20% 1 Project has been tested as a pilot/pop-up with local funds 5 7a Local Support Project is endorsed by members of benefit area (HOA, POA, local bike group,etc.) 5 Project will have positive environmental impacts(ie. mitigation activity,pollution 18 prevention &abatement,stormwater management,etc.) 5 7b Environmental Projects that promote alternative fuel modes of transportation. 3 Project improves non-motorized facilities at an interchange, bridge, or railroad 6 crossing Non-motorized 9 Connectors Project improves non-motorized connectivity by providing a direct link to facilities 15 on PBC Thoroughfare Map or within 2 miles of a transit hub,or publicly-accessible 9 historic,cultural,and natural areas 10 Efficient Transit Project improves access to a transit hub 10 10 Proximity Project is within 2 miles of a school 7 Benefit Project is within 1 mile of a shopping center 5 15 Project is within 1 mile of a recreational center or park 3 *Multiply length (up to 2 miles) by factor shown in value column 110 Page 4 of 5 Page 141 of 1256 2019 Transportation Alternatives (TA) Program Overview Palm Beach Transportation Planning Agency HOW TO APPLY 1. Attend the TPA Funding Programs Workshop—December 14, 2018 Learn about project eligibility, Local Agency Program Certification, and have your specific questions answered by FDOT and TPA Staff. Workshop video available online at http://www.PaImBeachTPA.org/ta 2. Gather the required documents Each project submittal requires an application, online form, and supporting documents. Missing or late documents may prohibit a project from being eligible. Ensure you have all the required documents on the Submittal Checklist, provided below. 3. Submit an application and online form The application process requires the submittal of the application document with associated attachments and an online form. The website provides a link for uploading your documents. http://www.PaImBeachTPA.org/ta 4. Stay Updated Check for updates on Project Evaluation, Prioritization, and Award Approval. The Submission Process and Timeline provides all important deadlines. SUBMITTAL CHECKLIST Ptdecise t.ise thefollowing checklist to enst.dB"e yot..i{:of e fB'2ch.d(..-fi 2t gill t:doct.df`2"feB2ts d`egtffB'e df to e""v"i.7:'imitte.{:df with youf ❑ Application ❑ Location Map (Aerial) ❑ Typical Section (Existing and Proposed) ❑ Right-of-Way Ownership Verification (Plats, deeds, prescriptions, certified surveys and/or easements) ❑ Community letters of support (due April 3, 2019) ❑ Resolution of support from the facility owner(s) clearly indicating that the project may be constructed as proposed and a committing to fund ongoing operations and maintenance of the project–due within 60 days of application due date (May 3, 2019). Resolutions for projects to be administered by FDOT must also include language clearly stating the project"may be administered and constructed by FDOT on behalf of the (ROW owner)." ❑ Detailed Cost Estimate Spreadsheet (prepared and signed by a Professional Engineer from the Agency's Engineering Office) ❑ Photograph of project location before construction ❑ Documentation of public outreach Page 5 of 5 Page 142 of 1256 RESOLUTION NO. 2019- RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA AUTHORIZING AND DIRECTING THE CITY MANAGER TO SUBMIT AN APPLICATION FOR FINANCIAL ASSISTANCE PURSUANT TO THE PALM BEACH METROPOLITAN PLANNING ORGANIZATION (MPO) TRANSPORTATION ALTERNATIVES PROGRAM FOR FUNDING FOR A PROPOSED TRANSPORTATION PROJECT; AGREEING TO FUND THE LOCAL SHARE OF PROJECT AND THE ONGOING MAINTENANCE AND OPERATIONS EXPENSES ASSOCIATED WITH THE PROJECT; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the CITY OF BOYNTON BEACH is eligible to apply for funding in an amount not to exceed $1 Million from the MPO Transportation Alternatives Program; and WHEREAS, the CITY OF BOYNTON BEACH desires to make improvements to NE 1St Street, between Boynton Beach Boulevard and Woolbright Road, through the construction of sidewalks and traffic calming enhancements referred to as the NE 1St Street Complete Streets Improvements (the Project); and WHERAS, the Project will be constructed completely within right-of-way owned by the CITY OF BOYNTON BEACH; and WHEREAS, the owner of the right-of-way has indicated formal written support for the project as documented in Exhibit A; and WHEREAS, If the Project is funded by the TPA, the CITY OF BOYNTON BEACH agrees to appropriate such funds as may be necessary to design the Project, to manage the construction of the project, and to be reimbursed for eligible construction costs associated with the Project in an amount not to exceed [ESTIMATED COST OF REIMBURSEMENT REQUEST]; and WHEREAS, after construction of the Project, the CITY OF BOYNTON BEACH agrees to appropriate such funds as may be necessary for the continued operation and maintenance of the Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSIONOF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 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. 2. The City Commission hereby directs and authorizes the City Manager to submit an application for the Transportation Alternatives Program to the TPA for the funding of the Project. Page 143 of 1256 3. The City Commission agrees to appropriate such funds as may be necessary to design the Project, to manage the construction of the project, and to support the continued operation and maintenance of the Project. 4. This Resolution shall take effect upon adoption. PASSED AND ADOPTED this day of , 2019. City to insert formal Resolution template. ATTEST: City Clerk (Corporate Seal) Page 144 of 1256 6.C. CONSENTAGENDA 2/19/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 2/19/2019 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R19-018-Authorizing the Mayor to execute documents or provide tax identification information in conjunction with the acquisition of Israel Bonds as part of the City's investment portfolio. EXPLANATION OF REQUEST: The City is in the process of acquiring Israel Bonds as part of the City's investment portfolio. As a condition of opening a new account, the identity and verification of new customers is required by Israel Bonds to comply with US Treasury customer due diligence rules. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: Not authorize the Mayor to execute documents or provide tax identification information STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description Resolution authorizing the Mayor to execute D Resolution documents or provide tax identification information Page 145 of 1256 I RESOLUTION NO. R19- 2 A RESOLUTION OF THE CITY OF BOYNTON BEACH,FLORIDA 3 AUTHORIZING THE MAYOR TO EXECUTE DOCUMENTS OR 4 PROVIDE TAX IDENTIFICATION INFORMATION IN 5 CONJUNCTION WITH THE ACQUISITION OF ISRAEL BONDS 6 AS PART OF THE CITY'S INVESTMENT PORTFOLIO; AND 7 PROVIDING FOR AN EFFECTIVE DATE. 8 9 WHEREAS, the City is in the process of acquiring Israel Bonds as part of the City's 10 investment portfolio; and 11 WHEREAS, as a condition of opening a new account, the identity and verification of 12 new customers is required by Israel Bonds to comply with US Treasury customer due diligence 13 rules. 14 NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSIONOF 15 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 16 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 17 being true and correct and are hereby made a specific part of this Resolution upon adoption. 18 Section 2. The City Commission hereby directs and authorizes the Mayor to 19 execute documents or provide tax identification information in conjunction with the acquisition 20 of Israel Bonds as part of the City's investment portfolio. 21 Section 3. That this Resolution shall become effective immediately. 22 PASSED AND ADOPTED this day of , 2019. 23 CITY OF BOYNTON BEACH, FLORIDA 24 YES NO 25 Mayor— Steven B. Grant 26 27 Vice Mayor— Christina L. Romelus 28 29 Commissioner—Mack McCray 30 31 Commissioner—Justin Katz 32 33 Commissioner—Aimee Kelley 34 35 VOTE 36 ATTEST: 37 38 39 Judith A. Pyle, CMC 40 City Clerk 41 (Corporate Seal) Page 146 of 1256 6.D. CONSENTAGENDA 2/19/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 2/19/2019 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R19-019-Authorize the City Manager to sign a 2 1/2 year Cooperative Agreement between the City and SEFLI N (Southeast Florida Library Information Network) for the migration, installation, administration and operation of a shared online library catalog and automated library system for the Boynton Beach City Library. The contract amount totals $35,665. EXPLANATION OF REQUEST: Agreement Period: March 1, 2019 - September 30, 2021 The contract for the current automated library system (SirsiDynix) used by the Library is due to expire on October 1, 2019. Library Administration, along with its COALA(Cooperative Authority for Library Automation) Library Partner Directors (Delray Beach Public Library, Lake Park Public Library and Palm Springs Public Library) determined that SirsiDynix no longer meets our needs. After meeting with several vendors that offer automated library systems and evaluating those systems the partners agreed to pursue using an open source automated library system called Koha. SEFLI N will manage a contract with Bywater Solutions. Bywater Solutions is one of a few companies in the library field that provides Data Migration, Supported Hosting, Training & Education and Custom Development services for libraries using Koha. The current COALA agreement is attached for background information. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Using Koha will improve internal library operations by giving library staff more flexibility to further develop its use of its automated library system based on the library's needs. After migration costs, the City will save on its annual maintenance fees compared to those charged by SirsiDynix. SirsiDynix annual maintenance costs for FY17/18 + FY18/19 = $27,561.94 Koha annual maintenance costs for FY19/20 + FY20/21 = $20,650.00, a two-year cost savings of$6,911.94 FISCAL IMPACT: Budgeted Initial migration, installation, training and SEFLIN administration costs of$15,015 is budgeted in CIP funds. First and second year maintenance and administration costs will be requested in FY 19/20 and FY20/21 library operating budget requests. This includes migration, installation, training and SEFLI N administration costs of$15,015 due April 8, 2019, 1st year maintenance and administration costs of$11,025 due October 28, 2019 and 2nd year maintenance and administration costs of$9,625 due October 29, 2020. (Excel spreadsheet attached). ALTERNATIVES: Renew contract with SirsiDynix. Page 147 of 1256 STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: CONTRACTS VENDOR NAME: Southeast Florida Library Information Network START DATE: 3/1/2019 END DATE: 9/30/2021 CONTRACT VALUE: 35,665 MINORITYOWNED CONTRACTOR?: No EXTENSION AVAILABLE?: No EXTENSION EXPLANATION: ATTACHMENTS: Type Description D Resolution Resolution approving Cooperative Agreement with SEFLIN for library D Addendum S E F LI N Coop Agreement D Attachment Pricing Spreadsheet D Attachment Current COALA Agreement R14-115 Page 148 of 1256 1 RESOLUTION NO. R19- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, APPROVING A COOPERATIVE AGREEMENT 5 BETWEEN THE SOUTHEAST FLORIDA LIBRARY 6 INFORMATION NETWORK (SEFLIN) AND THE BOYNTON 7 BEACH LIBRARY AS A MEMBER OF COALA (COOPERATIVE 8 AUTHORITY FOR LIBRARY AUTOMATION) FOR THE 9 OPERATION OF A SHARED ONLINE CATALOG AND 10 AUTOMATED LIBRARY SYSTEM; AUTHORIZING THE CITY 11 MANAGER TO SIGN THE AGREEMENT; AND PROVIDING AN 12 EFFECTIVE DATE. 13 14 WHEREAS, the Boynton Beach City Library is a member of COALA, along with 15 three (3) other public library members; and 16 WHEREAS, these four municipal libraries save taxpayer dollars by sharing the 17 costs of the database system; and 18 WHEREAS, COALA has been using SirsiDynix however it has been determined 19 that SirsiDynix no longer meets the needs of the COALA; and 20 WHEREAS, City staff is recommending approval of the Cooperative Agreement 21 between SEFLIN and the Boynton Beach City Library for the operations of a shared online 22 library catalog and automated library system in the amount of$35,665.00. 23 NOW, THEREFORE,BE IT RESOLVED BY THE CITY COMMISSION OF 24 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 25 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 26 being true and correct. 27 Section 2. The City Commission of the City of Boynton Beach, Florida, hereby 28 approves the Cooperative Agreement between SEFLIN and the Boynton Beach City Library, 29 as a member of COALA, for the operations of a shared online library catalog and automated 30 library system and authorizes the City Manager to sign the Cooperative Agreement, a copy of 31 which is attached hereto as Exhibit"A". C:\Program Files(x86)\neevia.com\docConverterPro\temp\NVDC\5C5EA56C-841 B-45AC-97A5-FECE4185C9F5\Boynton Beach.14780.1.Libra ry_Agreement_(SEFLIN)__Reso.docx Page 149 of 1256 32 33 Section 3. That this Resolution shall become effective immediately. 34 PASSED AND ADOPTED this day of , 2019. 35 CITY OF BOYNTON BEACH, FLORIDA 36 37 YES NO 38 39 Mayor— Steven B. Grant 40 41 Vice Mayor— Christina L. Romelus 42 43 Commissioner—Mack McCray 44 45 Commissioner—Justin Katz 46 47 Commissioner—Aimee Kelley 48 49 VOTE 50 ATTEST: 51 52 53 54 Judith A. Pyle, CMC 55 City Clerk 56 57 58 (Corporate Seal) 59 C:\Program Files(x86)\neevia.com\docConverterPro\temp\NVDC\5C5EA56C-841 B-45AC-97A5-FECE4185C9F5\Boynton Beach.14780.1.Libra ry_Agreement_(SEFLIN)__Reso.docx Page 150 of 1256 Cooperative Agreement for COALA 2.06.19 Cooperative Agreement among COALA (Cooperative Authority for Library Automation) libraries including the City of Boynton Beach, the Town of Lake Park, the Village of Palm Springs, the Delray Beach Public Library and the Southeast Florida Library Information Network (SEFLIN) for the operation of a shared online catalog and automated library system. WHEREAS, COALA is a library cooperative of four public libraries; the City of Boynton Beach, the Town of Lake Park, the Village of Palm Springs, and the Delray Beach Public Library. WHEREAS, this collaboration leverages local funds to achieve operational efficiencies and cost savings for public libraries and provide for more effective use of public resources; WHEREAS, the use of a single, shared online catalog expands resource sharing and cooperative services among public libraries and delivers faster access to a greater number and variety of resources for library patrons; NOW, THEREFORE, the Parties hereto, desiring to continue their commitment to COALA upon the terms set forth below, do hereby agree as follows: I. Terms and Conditions The service term shall be effective from March 1, 2019 to September 30, 2021. Upon completion of this term, the Parties must notify SEFLIN in writing ninety (90) days prior to the end of the then current Term of their intention to withdraw. Renewal may fall under different terms and conditions. Payments will signify the Parties wish to renew the agreement into a new two-year term. While the Library retains autonomy over its local operations, participation in COALA requires collaboration in developing common policies and shared decision making. For acceptance into and continuing participation in COALA, the Library shall adhere to the following terms and conditions: A. General Terms and Conditions 1) Provide in-person services to patrons of all COALA libraries; 2) Provide Library representation at COALA General Membership meetings; 3) Allow use of the Library's name in COALA official documents and informational sites; B. Data Terms and Conditions 1) Input, maintain, and share bibliographic holdings with all COALA libraries; 2) Input newly acquired holdings; 3) Input, maintain, share, and keep patron records confidential according to applicable federal and State laws; including Florida Statute Title XVIII, Chapter 257, Section 261 4) Comply with the COALA cataloging best practices and procedures for item records; 6) Enter accurate information for all COALA transactions and statistics C. Lending and Resource Sharing Terms and Conditions 1) Lend Library materials to patrons of COALA libraries. This does not preclude charging standard Interlibrary Loan (ILL) fees if the loan is transacted through ILL rather than in person; Page 151 of 1256 II. Financial Responsibilities —SEFLIN A. SEFLIN will contract with Bywater Solutions to provide a complete install of the KOHA software, migrate all participating libraries' data, customize the OPACS, provide unlimited support and annual hosting, and onsite training. A budget shall be prepared and presented to the participating libraries no later than January 15 of each year. The operational budget will be on the basis of proportional contributions for each participant. B. SEFLIN shall keep an accurate accounting of the financial responsibilities of each participant and the Parties' compliance with the terms of this agreement, and each Parties' compliance with its financial obligations. SEFLIN shall provide an annual report to each participant evidencing the expenditures associated with this Agreement, and each Parties' compliance with its financial obligations. C. SEFLIN shall manage project administration for COALA. Project administration includes project oversight, project schedule development, vendor negotiations and contract administration, budget forecasting, migration management, development and maintenance of communications channels, and coordination of COALA Committees. D. SEFLIN shall assist with first-line software support for COALA. First-line support may include providing remote and onsite assistance, training, and facilitating communications with second- level vendor support. E. SEFLIN shall request SirsiDynix to extract all COALA library records in order for them to be uploaded into a KOHA service by Bywater Solutions. III. Financial Responsibilities — Participating Library A. The Library shall fund its portion of shared ILS costs for base level access to the COALA ILS. Base level access includes access to and use of the COALA Integrated Library System (ILS) software, hardware maintenance, hardware administration, database administration, Standard Internet Protocol (SIP) services, software upgrades, second-level system support, integral components, and tools related to the statewide resource sharing distribution system. B. Costs per library will be determined based upon a formula that considers the number of participating libraries, the population size, and the number of bibliographic records held for each library. With the current four libraries 2 libraries with service population over 50,000 —each library pays 37.5% 2 libraries with service population under 50,000 —each library pays 12.5% C. Non-optional third-party services may be required to support the COALA ILS and may incur additional annual costs to the Library. Non-optional third-party services must be agreed to by a two-thirds majority of all COALA libraries and approved by SEFLIN's COALA Program Manager. Written notification of the implementation of non-optional third-party services shall be given to all COALA libraries on or before October 1. The new service shall become effective October 1 of the following Federal Fiscal Year. Page 152 of 1256 D. Optional third-party services that do not directly support COALA ILS maintenance may be added at the discretion of the Library. The Library shall not adopt optional third-party services that may adversely affect other COALA libraries. IV. Availability of Funds All terms and conditions of this Agreement are dependent upon and subject to the allocation of funds for the purposes set forth and the Agreement shall automatically terminate if funds cease to be available. V. Withdrawal from COALA A. The Library shall have the right to discontinue participation in COALA following notice before January 1 of the second year of the bi-annual term to SEFLIN and in accordance of the municipalities Interlocal Agreement. The withdrawal shall be effective September 30 of the Federal Fiscal Year. Upon completion of withdrawal, this Agreement shall be considered terminated. B. Notice shall be made only through written notice to the Executive Director of SEFLIN at the following address: SEFLIN 777 Glades Road 452 Wimberly Library Boca Raton, FL 33431 C. In the event of withdrawal, the Library shall: 1) lose all rights and benefits to COALA services; 2) have their patrons withdrawn from COALA resource sharing, and delivery systems; 3) have sole responsibility for replacement of all services provided through COALA and SEFLIN's subscription agreements; 4) have sole responsibility for notifying third party software vendors of the Library's effective date of withdrawal from COALA; 5) pay the cost to remove the Library's complete policy set, circulation rules, hold policies, library settings, staff accounts, item records, and patron records from COALA at the current rate of its hosting vendor; and 7) not receive a refund for any portion of annual subscription costs or third party vendor costs paid by the Library as the effective date of withdrawal shall occur after completion of a full service year. D. In the event of withdrawal, SEFLIN shall: 1) discontinue COALA funding and services for the Library on the designated termination date; and 2) provide up to two (2) data export reports of the Library's bibliographic, item, patron, and circulation data at no cost to the Library. VI. Modification/Amendment of Agreement This Agreement may be amended at any time upon written agreement of the Parties. VII. Term and Termination of Agreement A. This Agreement shall be effective upon final signature of the Parties. The Library and SEFLIN may, either by amendment to this Agreement pursuant to Section V above or by approval of a new Agreement, extend the term bi-annually by October 1 for each 2-year Page 153 of 1256 term. B. If the term of this Agreement is not extended and no successor agreement is to be executed upon the expiration of the term of this Agreement, the Library shall immediately proceed with withdrawal from COALA pursuant to Section V above. Upon completion of withdrawal, this Agreement shall be considered terminated. C. By execution of this Agreement, Contractor certifies that Contractor is not participating in a boycott of Israel. Contractor further certifies that Contractor is not on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has Contractor been engaged in business operations in Syria. Subject to limited exceptions provided in state law, the City will not contract for the provision of goods or services with any scrutinized company referred to above. Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to Contractor of the City's determination concerning the false certification. Contractor shall have five (5) days from receipt of notice to refute the false certification allegation. If such false certification is discovered during the active contract term, Contractor shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If Contractor does not demonstrate that the City's determination of false certification was made in error then the City shall have the right to terminate the contract and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time. VIII. Public Records The Library is a public agency subject to Chapter 119, Florida Statutes. SEFLIN shall comply with Florida's Public Records Law. Specifically, SEFLIN shall: 1. Keep and maintain public records required by the Library to perform under this Agreement; 2. Upon request from the Library, provide the Library with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Fla. Stat., or as otherwise provided by law; 3. Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the term of this Agreement, and, following completion of the Agreement, SEFLIN shall destroy all copies of such confidential and exempt records remaining in possession after SEFLIN transfers the records in its possession to the Library; and 4. Upon completion of the Agreement, SEFLIN shall transfer to the Library, at no cost to the Library, all public records in SEFLIN's possession. All records stored electronically by SEFLIN must be provided to the Library, upon request from the Library's custodian of public records, in a format that is compatible with the information technology systems of the Library. Page 154 of 1256 5. The failure of SEFLIN to comply with the provisions set forth in this Article shall constitute a Default and Breach of this Agreement and the Library shall enforce the Default in accordance with the provisions set forth herein. If SEFLIN has questions regarding the application of Chapter 119, Florida Statutes, to its duty to provide public records relating to this agreement, contact the Custodian of Public Records at: City Clerk; 3301 Quantum Blvd., Suite 101, Boynton Beach, FL 33426; (561) 742-6060; cityclerkp_bbfl.us. SIGNATURE PAGE FOLLOWS Contact Information Southeast Florida Library Information Network Jennifer S Pratt Executive Director 777 Glades Road, FAU, 452 Wimberly Library Boca Raton, FL 33431 561-208-0984 x229 pratt@seflin.org City of Boynton Beach Lori LaVerriere City Manager 3301 Quantum Blvd. Ste 101 Boynton Beach, FL 33426 561-742-6010 LaVerriere@bbfl.us Date: (Partner signature) Jennifer S Pratt SEFLIN Executive Director Date: (Partner signature) Lori LaVerriere City of Boynton Beach City Manager Page 155 of 1256 m O O m in O in in O in ^ LD "0 00 r- v v ^ ry v � ^ v ti N c Ln -Ln -Ln �o c v`nv c m `nv - in in - in in - in in 0 CL a a H H H E E E LO m m m a a a (D 0) m O O m m O n in O in o oo v v ry v r m km a Lr Ln Ln o a v-Ln v a m -Ln v y in in y in in y in in Y Y Y J J M Ln O O Ln In O Ln In O In ti 00 O O m O O L/1 O l0 y c-I in to H y in in IH y in in in @ Ln Ln Ln d d Ln O O Ln In O Ln In O In C 00 O O Q1 O O C L^i1 O lN0 Y N N N Lf1 Y Q1 c-I c-I Y 00 c1 M C c-I to to cl C to to cl C to to to m m m O O O O O O O O O O O O O O O O O O N O O O Il N O 17 Ln O Lf1 O Lf1 O Lf1 01N M in in V 1-1r-4in m N in N in in N in in N in in N 0000 d \ N � O d d 0 w w � m O O 01 1 1 1 1 O m bA C O L •ss L M Yi F E Y E Y E N N a N a N a m m Z m Z M Z LL Li.m m (Lu AF m vWi m LU (A 1 RESOLUTION NO. R14-115 21 3' A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, APPROVING FIVE (5) YEAR MASTER AGREEMENT 5 i BETWEEN SIRSIDYNIX AND THE BOYNTON BEACH LIBRARY 6 V AS A MEMBER OF COALA (COOPERATIVE AUTHORITY FOR 7 ! LIBRARY AUTOMATION) FOR THE OPERATIONS OF A 8 ( SHARED LIBRARY AUTOMATION SYSTEM; AUTHORIZING 9 i THE CITY MANAGER TO SIGN THE MASTER AGREEMENT; 10 AND PROVIDING AN EFFECTIVE DATE. 11 12 { WHEREAS,the Boynton Beach City Library is a member of COALA, along with ! j 13 t four other public library members; and 14 I WHEREAS, these five municipal libraries save taxpayer dollars by sharing the i 15 ; costs of the SirsiDynix Symphony database system, and p 16 WHEREAS, COALA has used SirsiDynix services since 1984 and would like to 17 continue with a new five year Master Agreement; and 18 WHEREAS, City staff is recommending approval of the five (5) year Master F 19 Agreement between SirsiDynix and the Boynton Beach City Library for the operations of 20 a shared library automation system. i 21 i NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION 22 OF THE CITY OF BOYNTON BEACH, FLORIDA,THAT: 23 ! Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as ( I 24 being true and correct. 25 ! Section 2. The City Commission of the City of Boynton Beach, Florida, hereby j 2b, 1 approves the five (5) year Master Agreement between SirsiDynix and the Boynton Beach j 271 City Library, as a member of COALA, for the operations of a shared library automation 281 system and authorizes the City Manager to sign the Master Agreement, a copy of the 29 Agreement is attached hereto as Exhibit"A". ; S\CC\WP\Reso1utions\2014\R14-115-_Library_Agreement_(SirsiDynix)-COALA doc I Page 157 of 1256 ii 1 ! Section 3. That this Resolution shall become effective immediately. 21 PASSED AND ADOPTED this 18th day of November, 2014. I � 3 CITY OF BOYNTON BEACH I 4 � 5 6 /r 7 ' M or-Je Taylo 10 1 11 1' Vif Mayor—Joe Casello 12 ! 13 14 15 € C sione —David T. Merker 16 17 18 19 ' mmissione ack McC 20 , 21 22 k 23 Commissioner Michael M. F' zpat ick 24 ATTEST: 25 26 27 28 29janM. Prainito, MMC R 30lerk 31 32 33 34 ( Seal) 35 m a f j3 I N S\CC\WP\Resolubons\20141R14-115-_Library_Agreement_(SirsiDynlx)-COALA doc i Page 158 of 12156 i DocuSign Envelope ID:AD7ECOE7-4B8A-481F-B1BE-0375042984AA File:COALA Consoltiilm. GC#331022 LONG TERM AGREEMENT BETWEEN COALA CONSORTIUM AND SIRSIDYNIX 1. PURPOSE AND SCOPE except temporarily during the process of platform migration. 2.2.3 1.1 Parties and Effective Date.This Long Term Agreement(the"Master Customer shall use the Third Party Products solely in conjunction with the Agreement) is entered into between Sirsi Corporation dba SlrslDynbc SirsiDynix Software and Customer shall have no broader rights with ("SirsiDynlx") and the customer Identified in the signature block below respect to the Third Party Products than it has to the SirsiDynix Software. ("Customer), with effect on the date of the last signature below SirsiDynix may add and/or substitute functionally equivalent products for ('Effective Date"). any third party items in the event of product unavailability,end-of-life,or changes to software requirements. 1.2 Purpose. This Master Agreement establishes the general terms and 2.3.1 Subscriptions. For Subscriptions purchased by Customer, and conditions to which the parties have agreed with respect to the provision of subject to the terms and conditions of this Master Agreement including Products by SirsiDynix to Customer.Additional terms for the purchase of a without limitation the restrictions set forth in Sections 2.7 and 2.9 and specific Product are set forth In the Quote(s).By signing below,the parties timely payment of the applicable fees, SIrslDynlx grants to Customer the acknowledge receipt of and agree to be bound by the terms and conditions right to access and use the Subscription identified in the Quote solely for of this Master Agreement and the Quote(s) for Products purchased by internal Business Purposes and to use the Documentation in connection Customer. All pre-printed or standard terms of any Customer purchase with such access and use for the Term.SlrsiDynlx shall use commercially order or other business processing document shall have no effect, reasonable efforts to make the Subscription Services available 24x7, 1.3 Incorporation of Quotes."Quote"means the document(s),regardless except for scheduled downtime events,or emergency downtime events,or of actual name,executed by the parties which is incorporated by reference Internet service provider failures or delays. SlrsiDynbc will use Into the terms of this Master Agreement, and describes order-specific commercially reasonable efforts to perform scheduled downtime events information,such as description of Product ordered,License Metrics,fees, outside of normal business hours. Customer acknowledges that the statements of work,exhibits and milestones.At any time after execution of Subscription Services may be subject to limitations, delays, and other the Master Agreement and the initial Quote, Customer may purchase problems inherent in the use of the Internet and electronic additional Products or otherwise expand the scope of existing licenses or communications. SirsiDynix is not responsible for any delays, delivery Subscriptions granted under a Quote, upon SirsiDynix receipt and failures,or other damage resulting from such problems.2.3.2 Customer Is acceptance of a new Quote specifying the foregoing, solely responsible for obtaining and maintaining at its own expense, all 1.4 Incorporation of EULAs.Customer's use of any Third Party Products equipment that may be needed to access Subscriptions,including without licensed hereunder or Incorporated in the Products may be subject to,and limitation, Internet connections. Customer understands that Subscription Customer shall sign and comply with,any applicable EULAs. communications may traverse an unencrypted public Internet connection 1.5 Order of Precedence.To the extent any terms and conditions of this and that use of the Internet provides the opportunity for unauthorized third Master Agreement conflict with the terms and conditions of a Quote, the parties to illegally gain access to Customer Data.Accordingly,SimiDynix terms and conditions of the Master Agreement shall control,except where does not guaranty the privacy,security or authenticity of any Information the Quote expressly states the Intent to supersede a specific portion of the transmitted over or stored in any system connected to the Internet. 2.3.3 Master Agreement.To the extent any terms and conditions of this Master Customer is responsible for maintaining the confidentiality of all passwords Agreement conflict with the terns and conditions of an EULA,the terms and for ensuring that each password is used only by the authorized user. and conditions of the EULA shall control. Customer is responsible for all activities that occur under Customer's account. Customer agrees to immediately notify SlrsiDynix of any 2. PRODUCTS USE RIGHTS;TITLE unauthorized use of Customer's account or any other breach of security 2.1 Generally. Customer's purchase of Products under this Master known to Customer. SirsiDynix shall have no liability for any loss or Agreement may include from time-to-time Software, Subscriptions, damage arising from Customer's failure to comply with these requirements. Services,and/or Hardware.The following provisions under this Section 2 2.3.4 Customer shall be solely responsible for the accuracy, quality, apply if relevant to the type of Product purchased pursuant to a Quote. integrity and legality of Customer Data and of the means by which it 2.2.1 Software License.Subject to e terms and conditions of this Master acquired Customer Data. Customer acknowledges and agrees that the Agreement including without limitation the restrictions set forth in Section data SirsiDynix does not monitor or police the content of communications d � g data of Customer or its users transmitted through the Subscriptions,and 2.7 and Section 2.9 and timely payment of the applicable fees,SirsiDynix that SirsiDynix shall not be responsible for the content of any such hereby grants to Customer a limited, non-exclusive, non-transferable and communications or transmissions. Customer shall use the Subscriptions perpetual(subject to SirsiDynix termination rights pursuant to this Master exclusively for authorized and legal purposes,consistent with all applicable Agreement)license to(i)install,run and use the Software identified In the laws and regulations.Customer agrees not to post or upload any content Quote in the operating Environment solely for Internal Business Purposes, or data which(a)is libelous,defamatory,obscene,pornographic,abusive, and (ii) use the Documentation In connection with such use of the harassing or threatening; (b) contains viruses or other contaminating or Software. Customer may not make copies of the Software except a destructive features;(c)violates the rights of others,such as data which reasonable number of machine-readable copies solely for internal backup infringes on any intellectual property rights or violates any tight of privacy or archival purposes. All Intellectual Property rights notices must be or publicity; (d) constitutes sensitive personal information such as social reproduced and included on such copies. Customer shall maintain security numbers, credit card information, or drivers license numbers; or accurate and up-to-date records of the number and location of all copies of (e)otherwise violates any applicable law.Customer further agrees not to the Software and inform SirsiDynix in writing of such upon request 2.22 interfere or disrupt networks connected to the Subscriptions, not to Unless otherwise set forth in a Quote, the Software shall not be interfere with another customers use and enjoyment of similar services simultaneously loaded and operated on more than one hardware platform, and to comply with all regulations, policies and procedures of networks DS DS DS DS Custuxrrer Initial and Date: LAK Confidential Page 1 of 8 SirsDlynbc Page 159 of 1256 DocuSign Envelope ID'AD7ECOE7-4B8A-4§1V=-B1BE-0375042984AA j File:COALA Consortium GC#331022 connected to the Subscriptions. SlrsiDynbc may remove any violating service requests are deemed excessive as a result of Insufficient training, content posted or transmitted on or through the Subscriptions, without at SirsiDynbc's discretion.2.5.9 in the evert Customer does not renew notice to Customer. SirsiDynix may suspend or terminate any users Maintenance and subsequently desires to reinstate Maintenance, a access to the Subscriptions upon notice in the event that SirslDynix reinstatement fee shall be assessed equal to 120°k of the aggregate reasonably determines that such user has violated these terns and Maintenance fee that would have been payable during the period of lapse. conditions. 2.3.5 The provision of third party Subscriptions Is subject to 2.5.10 For Software licenses and Subscription Software, Customer is availability from third party providers and SirsiDynix shall have no liability solely responsible for the installation of Updates and agrees to(i)meet the should such Subscription became unavailable for any reason or is no Update standard set forth in the SirsiDynix Support Policies referenced in longer available under reasonable commercial terms. 2.3.6 In the event the definition of Maintenance and(11)maintain the Operating Environment. that Customer is locally hosting Subscription Software, SirsiDynix hereby With respect to Subscriptions, SirsiDynlx is responsible for the grants to Customer, subject to the terms and conditions of this Master Implementation of Updates and shall no longer provide access to any Agreement including without limitation the restrictions set forth In Section previous release upon the date SirslDynix migrates to a new Update for 2.7 and Section 2.9 and timely payment of the applicable fees,a limited, production use in SirsiDynbc's hosted environment non-exclusive, non-transferable grant of use to locally Install and use the 2.6.1 Hardware and Hardware Maintenance. Title to the Hardware Subscription Software solely for Customer's internal business purposes. identified In the Quote, if any, shall pass to Customer on SirsiDynbes The grant of use for Subscription Software is W a license and remains in placement of the Hardware with a common carrier or licensed trucker, effect only while Customer is timely paying Its Subscription fees to which shall constitute delivery to Customer.Thereafter Customer will be SWDynix. If Customer fails to timely pay Subscription fees, Customer responsible for risks of loss or damage,except for loss or damage caused must immediately discontinue use of and certify to SirsiDynix the removal by SirsfDynbc in the process of installation. 2.6.2 SirslDynbc does not of Subscription Software. provide support for Hardware unless Customer purchases any available 2A.1 Services. Services are described in the Quote. SirsiDynix shall be maintenance associated with such Hardware. Such Hardware responsible for securing, managing, scheduling, coordinating and maintenance may be provided through a third party and is subject to that supervising SirsiDynix personnel, including its subcontractors, in third party's standard terns,conditions and warranties,if any. performing any Services.Any change to the scope of Services must be in 2.7 License Metrics.Customer may not use the Products in excess writing signed by both parties. Once executed by both parties, a change of the License Metrics specified in the Quote.Additional License Metrics shall become a part of the Quote. 2.4.2 Customer acknowledges and and associated Maintenance must be purchased at the pricing in effect at agrees that SirslDynlx performance Is dependent upon the timely and the time the additional License Metrics are added in the event actual usage effective satisfaction of Customer's responsibilities hereunder and timely exceeds the licensed quantity, prorated for the remainder of the then- decisions and approvals of Customer in connection with the Services. current Term.The additional License Metrics purchased shall terminate on SirsiDynix shall be entitled to rely on all decisions and approvals of the same date as the pre-existing Products.Prices are based on License Customer. Customer's data must be provided to ShalDynix in a format Metrics purchased and not actual usage. The number of License Metrics reasonably approved by SirsiDynix or additional charges will apply. provided in the initial Quote is a minimum amount that Customer has Customer shall be responsible for providing secured access to Customer's committed to for the Term and there shall be no fee adjustments or refunds systems to SirsiDynix.SirsiDynix alone shall deckle whether such access for any decreases in usage. Is sufficient for the performance of Services. 2.8 Reservation of Rights. All rights not expressly granted in the 2.5.Software Maintenance.2.5.1 Subject to Customer's timely payment Master Agreement are reserved by SlrsiDynix and its third party providers. of applicable fees, SirsiDynix will provide during the Term Maintenance Customer acknowledges that:(i)all Software is licensed and not sold and services for the Software in accordance with the maintenance plan all Subscriptions and Content are subscribed to and not sold;(ii)Customer Indicated in the Quote, provided however that with respect to Third Party acquires only the right to use the Protected Materials. SirsiDynix and its Products, SirslDynix's obligation to offer Maintenance is imtted to using third party providers retain sole and exclusive ownership and all rights, commercially reasonable efforts to obtain Maintenance from the third party title,and interest in,Including Intellectual Property embodied or associated owner of such Software.AN licenses in Customer's possession must be with, the Protected Materials and all copies and derivative works thereof supported under the same maintenance plan.2.5.2 Updates are provided (whether developed by SirsiDynix,Customer or a third party);and(ill)the if and when available,and SirsiDynix is under no obligation to develop any Protected Materials, including the source and object codes, logic and future programs or functionality.2.5.3 SirsiDynix Is under no obligation to structure, constitute valuable trade secrets of SirsiDynix and its third party provide Maintenance with respect to:(1)a Product that has been altered or providers.Customer agrees to secure and protect the Products consistent modified by anyone other than SirsiDynix or Its licensors;(ii)a release for with the maintenance of SirsiDynlx s and its third party providers'rights in which Maintenance has been discontinued;(iii)a Product used other than the Products,as set forth In this Master Agreement. in accordance with the Documentation or other than on the Operating 9 Restrictions. Unless specifically permitted or licensed by Environment;(Iv)discrepancies that do not significantly impair or affect the 2.rsiDynfx, Customer shall not itse or through any affiliate, employee, operation of the Product;or(v)any systems or programs not supplied by SirsiDynix. 2.5.4 For the avoidance of doubt, Updates provided under consultant, contractor, agent or other third party: (f)sell, resell,distribute, Maintenance services are subsequent minor or maintenance releases to host,lease, rent, license or sublicense, in whole or in part,the Protected the standard Products, excluding custom development or customizations Materials; (ii) decipher, decompile, disassemble, reverse assemble, whether such customizations are performed by SIrslDynix or by Customer modify,translate, reverse engineer or otherwise attempt to derive source or a third party. SirsiDynix reserves the right to charge Client for any code, algorithms, tags, specifications, architecture, structure or other reintegration work required to make customizations compatible with future elements of the Protected Materials,including the license keys,in whole or releases. 2.5.5 If ordered, Maintenance must be ordered for all Software in part,for competitive purposes or otherwise;(111)allow access to,provide, and all associated License Metrics licensed by Customer. Customer may divulge or make available the Protected Materials to any user other than not purchase or renew Maintenance for a subset of Its licenses only. 2.5.6 Customer's employees and independent contractors who have a need to If an Error was corrected or is not present in a more current release of the such access and who shall be bound by a nondisclosure agreement with Product,SirsfDynix shall have no obligation to correct such Errors in prior provisions that are at least as restrictive as the terms of this Master releases of the Software, 2.5.7 Fees for Maintenance Services do not Agreement (except the Customer may grant access to public access include implementation,training and other Professional Services.2.5.6 It is Catalogs to library users,other libraries,and third party entities); (iv)write Customer's responsibility to ensure that all appropriate users receive initial or develop any derivative works based upon the Protected Materials; (v) training services sufficient to enable Customer to effectively use the modify,adapt,translate or otherwise make any changes to the Protected Software. Failure to do so could result in additional Maintenance fees if Materials or any part thereof; (vi) use the Protected Materials to provide —DS os os EDS Customer Initial and Date: �/ AK Confidential Page 2 of 8 SII'51l)ynik Page 160 of 1256 DocuSign Envelope ID:AD7ECOE7-4B8A-481 F-B1 BE-0375042984AA File:COALA Consortium GC#331022 processing services to third parties, or otherwise use the same on a rates published by the U.S. General Services Administration. Airfare for 'service bureau' basis; (vii)disclose or publish,without SirsiDynbc's prior SirsiDynix personnel shall be at reasonable,coach rates. written consent, performance or capacity statistics or the results of any 4. CONFIDENTIALITY benchmark test performed on the Protected Materials; or(viii)otherwise 4.1 Non-Disclosure. Each use or copy the Protected Materials except as expressly permitted herein. Party v411 protect the other party's 2.10 Customer Data. SIrslDynix disclaims ownership any and all Confidential information from unauthorized dissemination and use the Y same degree of care that each such party uses to protect its awn Customer Data, all bibliographic, authority, item, fine, patron, and other confidential Information,but in no event less than a reasonable amount of data loaded to, created and/or entered into Customer's database or care. Neither party Wil use Confidential Information of the other party for supplied to SirsiDynix by Customer. Notwithstanding Customer's purposes other than those necessary to directly further the purposes of the ownership of Customer Data,at the end of the Term Sirs!Dynix shall only Master Agreement. Neither party will disclose to third parties Confidential be obligated to provide to Customer extractable Customer Data at no Information without prior written consent of the other party. additional charge In a supported MARC and/or ASCII debmited formaL 4.2 Exceptions. information shall not be considered Confidential SirsiDynbc shall have the right to aggregate and retain non-personally Information to the extent,but only to the extent,that the receiving party can identifiable data. establish that such information (I) is or becomes generally known or 2.11 License Grant by Customer. Customer grants to SirsiDynix a available to the public through no fault of the receiving party;(11)was In the non-exclusive, royalty-free license,to use equipment, software,Customer receiving party's possession before receipt from the disclosing party;(ill)is Data or other material of Customer solely for the purpose of performing lawfully obtained from a third party who has the right to make such SirsiDynbc's obligations under the Master Agreement. disclosure on a non-confidential basis; (iv) has been independently 2.12 Enforcement. Customer shall (1) ensure that all users of the developed by one party without reference to any Confidential Information Products comply with the terms and conditions of the Master Agreement, of the other, (v) is information aggregated by SIrslDynix that no longer (11)promptly notify SirsiDynix of any actual or suspected violation thereof contains any personally identifiable information; or (A) is required to be and (ill) cooperate with SirsiDynix with respect to investigation and disclosed by law provided the receiving party has promptly notified the enforcement of the Master Agreement. disclosing party of such requirement and allowed the disclosing party a 3. FINANCIAL TERMS reasonable time to oppose such requirement. The parties acknowledge that Customer may be subject to freedom of information legislation and 3.1.1 Fees and Payment Terms. The Customer is responsible for the further acknowledges that such legislation may take precedence over the payment of the fees and other charges as specified in the Quote. Each confidentiality provisions of this section as they apply to Customer.No part member of the cooperative shall be responsible for a potion of each of this Agreement shall be interpreted as prohibiting the release of any Invoice as follows(fees are exclusive of,and Customer Is responsible for, data when such a release is required by a State or Federal law then in- shipping costs): thrco. Member Name Percentage of Responsibility 5. PRIVACY Boynton Beach Public Library 29% Customer represents and warrants that before providing personally Identifiable Information to SlrslDynix or its agents, it will comply with any Delray Beach Public Library 29% laws applicable to the disclosure of personally identifiable information, including providing notices to or obtaining permission from third parties to Lake Park Public Library 14% allow sharing of their personally Identifiable information with SirsiDynix Palm Springs Public Library 14% under the Master Agreement. Customer will indemnify SIrsiDynbc for any breach of this representation and warranty. No personally Identifiable North Palm Beach Public Library 14% information will be disseminated by SirsiDynix to any third parties,except as consented to by Customer or required by law. Subject to the provisions of the Quote, SirsiDynix may annually increase 6 INDEMNIFICATION the fees of Subscription, Subscription Software and/or Maintenance upon 30 days written notice in advance.Invoices become past due 30 days after 6.1.1 By SirsiDynix. SirsiDynix will defend or settle, at its option and the invoice date. Interest accrues on past due balances at the higher of expense,any action,suit or proceeding brought against Customer that the 1'%% per month or the highest rate aikwved by law. If Customer fails to SirsiDynix Software(excluding Content and Third Party Products)infringe make payments of any amount due under the Master Agreement, a third party's USA patent, registered copyright, or registered trademark Sirs1Dynix will be entitled to suspend its performance upon ten(10)days ('Claim"). SirsiDynix will indemnify Customer against all damages and written notice to Customer. 3.1.2 Unless expressly provided otherwise, costs finally awarded which are attributable exclusively to such Claim, amounts paid or payable for Software, Subscriptions, Subscription provided that Customer; (i)promptly gives written notice of the claim to Software and Hardware are not contingent upon the performance of any SlrslDynix;(it)gives SirsiDynlx sole control of the defense and settlement Services. of the Claim; (iii) provides S1rsiDynbc, at SlrsiDynbes expense, with all 3.2 Taxes. Customer agrees to pay any sales tax arising out of the available information and assistance relating to the Claim and cooperates Master Agreement,other than those based on SIrslDynbes net Income_ if with SirsiDynix and Its counsel; (N)does not compromise or settle such Customer is tax-exempt,Customer agrees to send Sirs!Dynix a copy of its Claim;and(v)is not In material breach of any agreement with SirsiDynix. tax-exempt certificate upon execution of the Master Agreement.Customer 6.1.2 SirsiDynix has no obligation to the extent any Claim results from:(1) agrees to Indemnify SirsiDynix from any liability or expense Incurred by Customer having modified the SlrsiDynix Software or used a release other SirsiDynbc as a result of Customer's failure or delay in paying such sales then the most current unaltered release of the SlrstDynix Software,If such tax due_ an infringement would have been avoided by the use of such current 3.3 No Contingencies.Customer agrees that its purchases hereunder unaltered release, Third Party Products and/or Content, or (iii) the 9 combination,operation or use of the SlrsiDynix Software with software or are neither contingent on the delivery of any future functionality or features data not provided by SirsiDynix.6.1.3 If it Is adjudicated that the use of the nor dependent on any oral or written comments made by SirsiDynix SIrslDynix Software In accordance with the Master Agreement infringes regarding future functionality or features. any USA patent,registered copyright,or registered trademark,SIrslDynhc 3A Travel Expenses.Unless otherwise noted within the Quote,travel shall,at its option:(1)procure for Customer the right to continue using the expenses will be billed separately at actual cost Costs associated with Infringing SirslDynix Software; (i1) replace or modify the same so it travel by SirsiDynix personnel shall not exceed the then-present per diem becomes non-infringing; or(iii)Customer will be entitled to an equitable -DS DS DS Ds /� aPfC Customer InlUal and Date: Z- PSS / �� T Confidential Page 3 of 8 SWDynik' Page 161 of 1256 DocuSign Envelope ID:AD7ECOE7-4B8A-481F-61BE-0375042984AA a File:COALA Consortium GC#331022 adjustment in the fees paid for the affected SIrsIDynlx Software. THIS ERROR-FREE AND(iv)ANY AND ALL IMPLIED WARRANTIES ARISING SECTION STATES SIRSIDYNIX'S ENTIRE OBLIGATION TO FROM STATUTE, COURSE OF DEALING, COURSE OF CUSTOMER AND CUSTOMER'S SOLE REMEDY FOR ANY CLAIM OF PERFORMANCE OR USAGE OF TRADE.NO ADVICE,STATEMENT OR INFRINGEMENT. INFORMATION GIVEN BY SIRSIDYNIX, ITS AFFILIATES, 7. WARRANTIES;REMEDIES;DISCLAIMERS CONTRACTORS OR EMPLOYEES SHALL CREATE OR CHANGE ANY WARRANTY PROVIDED HEREIN. CUSTOMER ACKNOWLEDGES 7.1 SIrslDynlx Software.SirsiDynix warrants that,for a period of 90 days THAT USE OF OR CONNECTION TO THE INTERNET PROVIDES THE from the Go Live Date,the StrsiDynix Software,as updated by SirsiDynix OPPORTUNITY FOR UNAUTHORIZED THIRD PARTIES TO and used in accordance with the Documentation and in the Operating CIRCUMVENT SECURITY PRECAUTIONS AND ILLEGALLY GAIN Environment, will operate in all material respects in conformity with the ACCESS TO THE SERVICES AND CUSTOMER DATA AND THAT NO Documentation, FORM OF ENCRYPTION IS FOOL PROOF. ACCORDINGLY, If SirstDynix Software does not perform as warranted,SirsiDynix shall use SIRSIDYNIX CANNOT AND DOES NOT GUARANTEE THE PRIVACY, commercially reasonable efforts to correct Errors.As Customer's exclusive SECURITY OR AUTHENTICITY OF ANY INFORMATION SO remedy for any claim under this warranty, Customer shall promptly notify TRANSMITTED OVER OR STORED IN ANY SYSTEM CONNECTED TO SirsiDynix in writing of its claim. Provided that such claim is reasonably THE INTERNET. determined by SirsiDynix to be SirsiDynix's responsibility,SirsiDynix shall, 6. EXCLUSION AND LIMITATION OF LIABILITY within ninety(90)days of its receipt of Customer's written notice;(1)correct 81 TO THE FULLEST EXTENT PERMITTED BY LAW, SIRSIDYNIX'S such Error, r provide Customer with a plan reasonably acceptable e TOTAL LIABILITY(INCLUDING ATTORNEYS FEES AWARDED UNDER Customer for correcting the Error; or (Iii) if neither (i) nor (Iq can en THE MASTER AGREEMENT) TO CUSTOMER FOR ANY CLAIM BY accomplished with reasonable commercial efforts from SIrsIDiDynixynix, then CUSTOMER OR ANY THIRD PARTIES UNDER THE MASTER BraSirsns an or Customer may terminate the affected Siradjustment Software AGREEMENT, EXCLUDING LIABILITY PURSUANT TO SECTION 6 paida and Customer will be entitled to an equitable adjustment in the fees Indemnification WILL BE LIMITED TO THE FEES PAID BY CUSTOMER paid for the affected SlrsiDynix Software at SirsiDynimc's discretion. The (Indemnification), preceding warranty cure shall constitute SlrsiDynbes entire liability and DURING THE PREVIOUS 12 MONTHS FOR THE PRODUCT WHICH IS Customer's exclusive remedy for cure of the warranty set forth herein. THE SUBJECT MATTER OF THE CLAIM. 7.2 SIrslDynix Subscriptions.SIrsiDynix warrants that Subscriptions,as 6.2 IN NO EVENT WILL SIRSIDYNIX BE LIABLE TO CUSTOMER FOR used in accordance with the Documentation, will operate In all material ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY PUNITIVE, respects in conformity with the Documentatlon. TREBLE OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT 7.3 Exclusions. SirsiDynix is not responsible far any claimed breach of LIMITATION,LOSS OF BUSINESS,REVENUE,PROFITS,STAFF TIME, GOODWILL, USE, DATA, OR OTHER ECONOMIC ADVANTAGE), any warranty caused by:(t)modifications made to the SIrslDynix Software WHETHER BASED ON BREACH OF CONTRACT, BREACH OF by anyone other than SirsiDynix; (ii)the combination,operation or use of WARRANTY,TORT(INCLUDING NEGLIGENCE), PRODUCT LIABILITY the SirsiDyntx Software with any items that are not part of the Operating OR OTHERWISE,WHETHER OR NOT SIRSIDYNIX HAS PREVIOUSLY Environment;(IN)Customer's failure to use any new or corrected releases BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. of the SirsiDynix Software made available by SlrsiDyW (iv)SirsiDynb s $3 NO CLAIM ARISING OUT OF THE MASTER AGREEMENT, adherence to Customer's specifications Or instructions;In the or(v) Customer REGARDLESS OF FORM, MAY BE BROUGHT BY CUSTOMER MORE deviating from the operating procedures described in the Documentation. THAN TWO YEARS AFTER THE GAUSS OF ACTION ARISES. 7.4 Third Party Products. SirsiDynix warrants that it is an authorized 9 TERM AND TERMINATION distributor of the Third Party Product and that with the execution of this Master Agreement and the applicable EUt.A,Customer will have the right 9.1 Term of Mash Agreement.Subject to Section 10.12 below,the to use such Product in accordance with the terms and conditions of the term of this Master Agreement shall commence on the Effective Date and terms of this Master Agreement and the applicable EULA. SIRSIDYNIX shall continue in full force and effect until the expiration or termination of all MAKES NO OTHER WARRANTY WITH RESPECT TO ANY THIRD Quotes,unless otherwise terminated earlier as provided hereunder. PARTY PRODUCTS. CUSTOMER'S SOLE REMEDY WITH RESPECT 9,2 product and Services Term. The respective initial term of TO SUCH THIRD PARTY PRODUCTS SHALL BE PURSUANT TO THE Software Maintenance, Hardware Maintenance, Subscriptions, and ORIGINAL LICENSOR'S WARRANTY,IF ANY,TO SIRSIDYNIX,TO THE Subscription Software as applicable, is specified in the Quote ("Initial EXTENT PERMITTED BY THE ORIGINAL LICENSOR. THIRD PARTY Term'.The initial Term shall automatically renew for the same length as PRODUCTS ARE MADE AVAILABLE BY SIRSIDYNIX ON AN"AS IS,AS the Initial Tom unless either party gives written notice 60 days prior to the AVAILABLE"BASIS. end of any previous Term of its intention to terminate the Subscription or 7.5 Hardware.SirsiDynix warrants that it is an authorized distributor of the Maintenance service.The Initial Term and renewal terms are referred to as Hardware. Hardware warranties shall be governed by the manufacturer's the"Term". warranty_ SIRSIDYNIX MAKES NO WARRANTIES OF ANY KIND WITH 9,3.1 Termination. Either party may terminate the Master Agreement RESPECT TO HARDWARE OR HARDWARE MAINTENANCE. Immediately upon written notice if the other party commits a non- CUSTOMER'S SOLE REMEDY WITH RESPECT TO SUCH HARDWARE remediable material breach of the Master Agreement,or if the other party OR HARDWARE MAINTENANCE SHALL BE PURSUANT TO THE fails to cure any remediable material breach or provide a written plan of MANUFACTURER'S WARRANTY,IF ANY. cure acceptable to the non-breaching party within 30 days of being notified 7.6 Disclaimers. THE WARRANTIES SET FORTH IN THIS MASTER In writing of such breach.Where the non-breaching party has a right to AGREEMENT ARE IN LIEU OF, AND SIRSIDYNIX, ITS LICENSORS terminate the Master Agreement, the norm-breeching party may at its AND SUPPLIERS EXPRESSLY DISCLAIM TO THE MAXIMUM EXTENT discretion terminate the Master Agreement or the applicable Quote. PERMITTED BY LAW, ALL OTHER WARRANTIES, EXPRESS OR Quotes that are not terminated shall continue in full force and affect under IMPLIED, ORAL OR WRITTEN, INCLUDING,WITHOUT LIMITATION,(i) the terms of this Master Agreement 9.3.2 Following termination of the ANY WARRANTY THAT ANY PRODUCT IS ERROR-FREE OR WILL Master Agreement, Customer agrees to certify that it has returned or OPERATE WITHOUT INTERRUPTION OR THAT ALL ERRORS WILL BE destroyed all copies of the applicable Product and Confidential Information CORRECTED; (it) ANY AND ALL IMPLIED WARRANTIES OF and acknowledges that its rights to use the same are relinquished. 9.3.3 MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND Fees. Customer acknowledges that, based on Customer's willingness to NON-INFRINGEMENT, (fill) ANY WARRANTY THAT CONTENT OR purchase Products for the Term, SirsiDynix has provided Customer with THIRD PARTY PRODUCTS WILL BE ACCURATE, RELIABLE AND Products and Services at rates that represent a substantial discount from DS --DS DS DS Customer In J1 and Dasa: t �� pK �� Confiderttial PSSI'j"�^ age 4 of 8 Page 162 of 1256 DocuSign Envelope ID:AD7ECOE7-4B8A-481F-61BE-0375042984AA Fie:COALA Corm—darn GC#331022 the rates that SirsiDynbc would otherwise charge,along with certain other hereunder on behalf of the US Government with U.S.Government federal free or substantially discounted products or services. Customer therefore funding,notice Is hereby given that the Software is commercial computer agrees that it is reasonable for Customer to pay a fee to SirsiDynix in the software and documentation developed exclusively at private expense and event of early termination for any reason,which becomes effective upon is furnished as follows: "U.S. GOVERNMENT RESTRICTED RIGHTS. any date prior to the end of the last year of the Initial Term or prior to the Software delivered subject to the FAR 52.227.19.All use,duplication and end of any renewal term.Such The shall be equal to 50%of the remaining disclosure of the Software by or on behalf of the U.S.Government shall be value of the then-current Temp of the Products or Services,as applicable. subject to this Master Agreement and the restrictions contained in Customer agrees that damages suffered by SIrslDynix in the event of such subsection (c) of FAR 52.227-19, Commercial Computer Software - early termination are difficult or impossible to determine and that the above Restricted Rids(June 1987)'. amount is intended to be a reasonable approximation of such damages 10.6 Export. Customer shall comply fully with all relevant export laws and not a penalty. Customer agrees that it will pay such amounts within and regulations of the United States to ensure that the Software is not thirty (30) days of any such early termination. Customer shall notify exported,directly or Indirectly,in violation of United States law_ SlrsiDynix In writing of its intent to terminate not less than sixty(60)days 10.7 Non-solicitation. During the term of this Master Agreement and prior to the date of termination and Customer shall not be eligible for any for a period of one year fotiowing its termination,neither party will adient for pro-rata iatioft or refund for unused partial year fees paid. ry9. to Nom employment directly or through other parties, without the other party s Appropriation of Funds. a for any given fiscal year the library loses all written permission, any individual employed by the other party, provided funding, the Master Agreement will ri suspended at no penally to however that the hiring of Individuals responding to general public Customer,upon 3irsit7ynix's receipt of written notice ninety(90)days prior to the renewal period. Such notice will not relieve Customer of payments marketing and recruiting advertisements and events shall not be a violation then owing. Customer shall not purchase similar materials, supplies, of this provision;only active,targeted solicitation is prohibited. services,or items of equipment during the anticipated life of the terminated 10.8 Compliance.During the term of this Master Agreement and for a Master Agreement without notification to SlrslDynlx and reinstatement of period of one year following its termination,SirsiDynix shall have the right the terminated Master Agreement. to verify Customer's icill compliance with the terms and requirements of the 9.4. Suspension. SirsiDynix will be entitled to suspend any or all Master Agreement.If such verification process reveals any noncompliance performance upon 10 days written notice to Customer In the event by Customer, Customer shall reimburse SirsiDynix for the reasonable Customer is in breach of the Master Agreement Further,SlrsiDynbc may costs and expenses of such verification process incurred by SlrsiDynix suspend Customer's use of and access to all or a portion of the "udhg but not limited to reasonable attorneys'fees) , and Customer Subscriptions If,and so long as,in SirsiDynbes sole judgment,there is a shall promptly cure any such noncompliance;provided, however,that the security risk created by Customer that may interfere with the proper obligations under this section do not cons#bAe a waiver of SirslDynbes continued provision of services or the operation of SirslDynbes network or termination rights and do not affect SlrsiDynbes right to payment for systems.SIrslDynix may impose an additional charge to reinstate service Products and interest fees related to usage in excess of the License following such suspension. Metrics. 10. GENERAL.PROVISIONS 10.9 Notices. Any notice required or permitted to be sent under the Master Agreement shall be delivered by hand, by overnight courier, by 10.1 Force Majeure.The parties will exercise every reasonable effort to email to SirsiDynix at IectaI9Asirstdvnix.comor by email to Customer at meet their respective obligations hereunder but shall not be liable for any current Customer email address routinely used by SIrslDynbc, or by delays resulting from force majeure or other causes beyond their registered mail, return receipt requested,to the address of the parties set reasonable control,Including but not limited to power outages or failure of forth in the Master Agreement or to such other address of the parties third party service providers.This provision does not relieve Customer of designated In writing in accordance with this subsection. its obligation to make payments then owing. 10.10 Relationship. The Master Agreement is not intended to create a 10.2 Assignment SirsiDynix may assign the Master Agreement and all partnership,franchise,joint venture,agency,or a fiduciary or employment of Its rights and obligations herein without Customer's approval to its relationship. Neither party may bind the other party or act in a manner parent company or other affiliated company,to a successor by operation of which expresses or implies a relationship other than that of independent law,or by reason of the sale or transfer of all or substantially all of its stock contractor. or assets to another entity.Neither party may otherwise assign or transfer 10.11 Invalidity. If any provision of the Master Agreement shall be held the Master Agreement without the prior written consent of the other party, to be Invalid, illegal or unenforceable, the validity, legality and which shall not be unreasonably withheld. Notwithstanding the above, SirsiDynlx may fulfill Its obligations hereunder through its affiliated enforceability of the remaining provisions shall not in any way be affected companies. or Impaired. 10.3 Cooperation. Customer agrees to provide operation, which 10.12 Survival. The following provisions will survive any termination or means assistance, Information, equipment, data, a suitable work expiration of the Master Agreement:sections 1,2.7,2.8,2.10,2.12,3,4,5, environment, timely access, and resources reasonably necessary to 6,7,8,9,and 10. enable SirsiDynix to perform any and all installation, implementation, and 10.13 No Waiver.Any waiver of the provisions of the Master Agreement services required to fulfill its obligations hereunder including but not limited or of a party s rights or remedies under the Master Agreement must be in to ensuring SirsiDynix has remote access. Failure to grant such writing to be effective.Any such waiver shall constitute a waiver only with cooperation shall allow SirsiDynbc to deem the Product purchased by respect to the specific matter described In such writing and shall In no way Customer to be fully accepted and delivered. In the event any delay in impair the rights of the party granting such waiver in any other respect or at implementing Products is caused by Customer resulting in SirsiDynix any other time.The waiver by either of the parties hereto of a breach or of incurring additional expenses, the Customer shall pay to SirsiDynix the a default under any of the provisions of the Master Agreement shall not be amount of such additional expenses, construed as a waiver of any other breach or default of a similar nature,or 10A Delegation. SlrsiDynix may subcontract or delegate any work as a waiver of any of such provisions,rights or privileges hereunder.The under any Quote to any thud party without Customer's prior written rights and remedies herein provided are cumulative and none is exclusive consent,provided however that SirsiDynix shall remain responsible for the of any other, or of any rights or remedies that any party may otherwise performance of any such subcontractors. have at law or in equity.Failure,neglect,or delay by a party to enforce the 1D.5 Notice of U.S. Government Restricted Rights. If the Customer provisions of the Master Agreement or Its rights or remedies at any time, g shall not be construed and shall not be deemed to be a waiver of such hereunder is the U.S. Government, or if the Software is acquired party's rights under the Master Agreement and shall not in any way affect _...pg DS DS [TDSj�/�jCuMrner Initialand Dale: 2 . �`/ \ AKK Confidential om am Page 5 of 8 SirsiDynix" Page 163 of 1256 DocuSign Envelope ID:AD7ECOE7-4B8A-481F-B1BE-0375042984AA File:COALA Consortium GC1f331022 the validity of the whole or any part of the Master Agreement or prejudice shall be litigated in the state or federal courts located in Palm Beach such party's right to take subsequent action. County Florida to whose exclusive jurisdiction the parties hereby consent. 10.14 Entire Agreement.The Master Agreement constitutes the parties' 10.17 Application of Laws.The parties agree that this contract Is not a entire agreement relating to its subject matter. It cancels and supersedes contract for the sale of goods;therefore,the Master Agreement shall not all prior or contemporaneous oral or written communications, requests for be governed by any codification of Article 2 or 2A of the Uniform proposals,proposals,conditions,representations,and warranties,or other Commercial Code,or any codification of the Uniform Computer Information communication between the parties relating to its subject matter as well as Technology Act ("UCITA"), or any references to the United National any prior contractual agreements between the parties.Notwithstanding the Convention on Contrails for the International Sale of Goods. precedence of this Master Agreement, any existing Customer License 10.18 Counterparts.The Master Agreement and each Schedule maybe Metrics shall continue unless new License Metrics are identified in a executed in one or more counterparts,each of which shall constitute an Quote.No modification to the Master Agreement will be binding unless in enforceable original of the Master Agreement,and that facsimile,electronic writing and signed by an authorized representative of each party. and/or.pdf scanned copies of signatures shall be as effective and binding 10.15 Third Party Beneficiaries. Ail rights and benefits afforded to as original signatures. SirsiDynix under the Master Agreement shall apply equally to the owner of 10.19 Headings and Drafting.The headings in the Master Agreement the Third Party Products with respect to the Third Party Products,and such shall not be used to construe or interpret the Master Agreement. The third party Is an Intended third party beneficiary of the Master Agreement, Master Agreement shall not be construed In favor of or against a party with respect to the Third Party Products. based on the originator of the document. 10.16 Governing Law and Venue. The Master Agreement shall be 10.20 Attorney's Fees.in the event a party seeks and obtains a remedy governed by and construed in accordance with the laws of the State of in Use courts for its rights under this Master Agreement,the prevailing party Florida without giving effect to its principles of conflict of laws.Any dispute in such litigation shall be entitled to its reasonable attorney's fees and cost. END OF MASTER AGREEMENT COALA Consortium Sirsi Corporation Boynton Beach City Library SirsiDynix Technology Centre 208 S.Seacrest Blvd. 3300 N.Ashton Blvd.—Suis 500 Boynton Beach,Florida 33435 Lehi,UT 84043 Docusigned by: Sign: Sign C06930D711004F3... Print Name: r1 rf Print Name: 1. Scott Askew r Title: rTitle: General Counsel Date: IQV71 q tj Date: DeL-3:9-2014 1 08s28 Pi COALA Consortium COALA Consortium Lake Park Public Library Palm Springs Public Library 529 Park Ave 217 Cypress Way W Lake Park,Florida 33403 Lake Worth,Florida 33461 Docu3igned by: DocuSigned by: Sign V AA& �• Sign: A1C9768C413AC477... A8103894D0B1413... Print Name: Dale S. Sugerman, Ph.D. Print Name: Richard J. Reade Title: Town Manager Title: village manager Date: Dec-U9-2014 PT Date: Dec-18-2014 PT DS DS DS EDSCustomer initial and Date: Y 0 ,! � ( AK Confidential Page 6 of 8 SW's I""x Page 164 of 1256 DocuSign Envelope ID:AD7ECOE7-4B8A-481F-61BE-0375042984AA File:COALA Cwt ad= GC#331= SIGNATURES CONTINUED ON NEXT PAGE COALA Consortium COALA Consortium Delray Beach Public Library North Palm Beach Public Library 100 W Atlantic Ave 303 Anchorage Dr Delray Beach,Florida 33444 North Palm Beach,Florida 33408 Docuftmd by: DocuSigned by: Sign A" Kos4" Sign go".,* P. K-011 • FEME1D508147F... EIA391A4815C42F... Print Name: Alan Kornbl au Print Name: James P. Kelly Title: Library Di rector Title: village Manager Date: - - 1 07M F1 Date: Dec-10-2014 PT -•••DS —DS DS DS Customer Initial and Date: (t t AK �P Confidential Page 7 of 8 WCirdDynlX Page 165 of 1256 DocuSign Envelope ID:AD7ECOE7-4B8A-481F-B1BE-0375042984AA File:COALA Consortium GC#331022 Exhibit A-DEFINITIONS party products by any means into Software,Subscriptions or Subscription "Circulation" means the checkout of a Library Item to a patron, the Software without additional SirsiDynlx license. checkout of a Library Item for the purpose of tracking in-library usage,the "License Metros" means limos on Product usage as set forth in the renewal of a Library item,or an action functionally identical to any of the Quote such as Titles,Circulation,Users,students,seats,and reports. preceding ads. "Maintenance" means the technical support and, with respect to "Confidential Information" means information of SirsiDynix and/or Its Software, the provision of Updates for the level of support services licensors includes but is not limited to the terms and conditions(but not the purchased from Sirsff)pb(, all of which are provided under SirslDynbr s existence) of the Master Agreement, all trade secrets, software, source support policies In effect at the time the Services are provided,which may code, object code, spedfications, as well as results of testing and be modified from time-to-time by SIrslDynix in its sole discretion.A current benchmarking of the Software or other services, product roadmap, data version of such Support Policies can be found under WralDynix Support and other information of SirsiDynix and its licensors relating to or Policies'(Document iD 125773)at http://supportsirsidynix.com. embodied in the Software or Documentation, including but not limited to "Operating Erwirorunent" means SirsiDynix-recommended hardware, Information designated as confidential in writing or information which ought operating system, middleware, database products and other software on to be in good faith considered confidential and proprietary to the disclosing which the Software will operate. party. SirsiDynbes placement of a copyright notice on any portion of any "Professional Services" means data conversion, implementation, siteSoftware will not be construed to mean that such portion has been published and will not derogate from any claim that such portion contains planning, configuration, irtthgration and depioyment of the Sot*ve or proprietary and confidential information of SlrsiDynix. Confidential Subscriptions,training,project management and other consulting services. Information does not include that the Customer uses SirsiDynIx Products. "Products" means Software, Subscriptions, Subscription Software, "Content" means any information, data, text, software, music, sound, Services and Hardware. photographs,graphics,video messages or other material which Customer "Protected Materials" means Software and work product provided by receives through a Subscription. SirsiDynix under Services, Subscriptions, Subscription Software and "Customer Data" means any electronic data, information or material SirslDynix's or Its licensors' Intellectual Property and Confidential provided or submitted by Customer including the Customer's patrons and Information. users)to SIrslDynix through a Subscription or Services,or which Customer "Quote"is defined in Section 1.3. (induding the Customer's patrons and users)enters Into the Subscription "Services" means those services provided or arranged by SirsiDynix or Services or has entered on Its behalf,or which SirslDynix Is otherwise including but not limited to specific SirsiDynix Products such as (1) given access to under the Master Agreement. Customer Data does not Professional Services; and (ii)that part of Maintenance that is technical Include non-personally identifiable information aggregated by SirsiDynix. support,excluding the provision of Updates. "Documentation" means the user instructions, release notes, manuals "SirsiDynix Software" means each SirsiDynix-developed andlor and on-line help files made available by SirsiDynix regarding the use of the SirsiDynix-owned software product in machine-readable object code(not applicable Product. source cone), the Documentation for such product, and any Updates "Effective Data"is defined in section 1.1. thereto. "Error'means a material failure of a Product to conform to its functional "Software"means the SirsiDynix Software and Third Party Software. specifications described in the Documentation. "Subscriptions" means the provision of access by SirsiDynix or its "EULA" means the end user license agreement that accompanies the hosting providers to Software and/or Content from a server farm that is Third Party Product, which governs the use of or access by Customer to comprised of application, data and remote access servers, including the applicable Third Party Product. associated ofitlne components including but not limited to cloud services "Go Live Date`means the date on which the Products are substantially and web access to ContenL ready for operational use for normal daily business. "Subscription Software" means Subscriptions hosted by Customer. "Hardware"means the physical hardware and equipment manufactured Customer does not have a license in Subscription Software. by third party providers and sold to Customers by SlrsiDynlx. 'Term'Is defined in section 9.2. "Inteilectual Property" means any and all intellectual property rights, "Titles" means the number of unique records for an electronic, virtual, recognized in any country or jurisdiction in the world, now or hereafter and/or physical Item which may be used by a library patron, such as a existing,and whether or not perfected,filed or recorded, including without bibliographic,MARC,visual material,serial or Dublin Core record,created limitation inventions, technology, patents rights (including patent on the Software or Subscription, Multiple Items, representing either applications and disclosures), copyrights, trade secrets, trademarks, identical Items or volumes in a set,may be included in a single Title. service marks,trade dress,methodologies, procedures,processes,know- "Third Party Products" means software or content including how,tools,utilities,techniques,various concepts,ideas,methods,models, documentation and updates if any, owned by an entity other than templates,software, source code, algorithms,the generalized features of SirsiDynix and provided by SirsiDynix in connection with Products. the structure,sequence and organization of software,user Interfaces and Updates" means the error corrections, releases, updates,modifications screen designs, general purpose consulting and software tools, utilities P and routines,and logic, coherence and methods of operation of systems, or enhancements subsequently developed that SlrsiDynix makes generally training methodology and materials, which SirsiDynix has created, available to its customers as part of Maintenance on a when and If acquired or otherwise has rights in, and may, in connection with the available basis. Updates exclude new products, modules, platform or performance of obligations hereunder, create, employ, provide, modify, functionality for which SirsiDynbc charges a separate fee. create,acquire or otherwise obtain rights in. "Users"means Customer's employees or agents who have been issued "Internal Business Purposes"means Customer's internal use but does user names and passwords by Customer to use the Products.Each such not include(1)sharing Confidential Information or Intellectual Property with User shall be one person,and user names and passwords cannot be third parties without SirsiDynix written consent or (2) integration of third shared or used by more than one person. -•-DS --DS DS (1DS Customer Initial and Date: It �J AK !P Confidential Page 8 of S SimiDynix' Page 166 of 1256 DocuSign Envelope ID:AWECOE74NA-481F-B1BE-0375042984AA Sirsi*Dynix Quote 73328 for: COALA Consortium Long Term Agreement Prepared by: Linda Bone Inside Account Consultant SirsiDynix Quote Date: September 8,2014 Quote Valid Until: December 7,2014 Page 167 of 1256 DocuSign Envelope ID:AD7ECOE7-4B8A-481F-B1BE-0375042984AA z Quote for COALA Consortium Reference number 73328 Quote Information Al This Quote contains the use of some or all of your BLUEcloud Rewards. The total amount allocated for this Quote is$4,300. These BLUEcloud Rewards are being used specifically[for the following SirsiDynix products Enterprise. Page 2 of 9 jai IV Page 168 of 1256 DocuSign Envelope ID:AD7ECOE7-4B8A-481F-81BE-0375042984AA Quote for COALA Consortium Reference number 73328 Purchase Details All prices are in U.S.dollars($)and are exclusive of taxes unless otherwise noted. Services 850 - - - Enterprise 11,480 - - - Other Services 1,000 1,000 1,000 1,000 1,000 i UEeloud Reward-Subscription (4,300) Active Products 1 0 SirsiDynix Social Library 16663 5,892 Datastream Subscription 1 32,898 SirsiDynix Symphony SaaS Core 1 0 SirsiDynix Symphony SaaS ReferenceUBRARIAN 4 0 SirsiDynix Symphony SaaS SmartPORT Concurrent User 2 0 SirsiDynix Symphony SaaS SIP2 Interface Per Certified Vendor Initial Term of Maintenance and SaaS Services: Five(5)Years Initial Term Annual Price Increase Cap for SIrslDynix 2.9%annual price increase cap until Term renewal Products/Services: Customer's usage is subject to limitations that can be found in the Terms and Conditions section at the end of the Quote. The above price increase cap Covers all Customer's active Products. However, SirsiDynix reserves the right to adjust Initial Term pricing for Third Partylintegrated products/services If a Third Party vendor Increases pricing for Third PartyMtegrated products/services by more than 10%in a given calendar year. Any applicable discount shall be applied on final payment.Any and all pre-printed terms and conditions on Customer's Purchase Order(s)submitted to SirsiDynix are hereby rejected and shall be superseded by the current Master Agreement,unless such additional terms are statutorily required of the Customer. Page 3 of 9 Sft9Dyzi Page 169 of 1256 DocuSign Envelope ID:AD7ECOE7-4B8A-481F-61BE-0375042984AA y Quote for COALA Consortium Reference number 73328 Detailed Pacing All prices are in U.S.dollars($)and are exclusive of taxes unless otherwise noted. BLUEcloud MobileCirc,Annual Subscription Include Services Installation 800 Training 50 Total Services 860 Enterprise SaaS Enterprise Annual Subscription 4,300 Installation and Training 7,180 Total Enterprise 11,480 Other Services el-earning,Yearly Subscription, SeIF-paced Training-5 1,000 users Total Other Services 1,000 BLUE loud Reward-Subscviption (4,300) This quote is hereby fully incorporated into the Master Agreement and Schedules Ash Page 4 of g qV Rrsl ►IIiX` Page 170 of 1256 DocuSign Envelope ID:AD7ECOE74B8A-481F-B1BE-0375042984AA r Quote for COALA Consortium Reference number 73328 Component Descriptions BLUEcloud MobileCirc,Annual Subscription MobileCirc enables library staff to work wherever they are,with or without a data connection.Features include:- Mobile circulation. Perform common tasks like check-ins,checkouts and renewals.Register new users by scanning driver's license(selected regions only)or by manually entering user information.-Flexible inventory. Integrates with Bluetooth scanners to make taking inventory faster and easier.-Efficient shelving.Provides real-time lists of candidates for weeding and items needed to fill holds.MobileCirc lists include filters designed specifically for library staff. Requires SirsiDynix Symphony 3.4.1 SP2 and SirsiDynix Symphony Web Services 3.5 or higher,OR, Horizon 7.5.2 and Horizon Web Services 2.0. Services Installation: Product Delivery BLUEcloud MobileCirc Installation Project Management Proiect Management-BLUEcloud MobileCirc Project Management Services for the implementation of BLUEcloud MobileCirc. Training: BLUEcloud MobileCirc Seif-paced Training This training reviews the functionality present in MobileCirc.One user will have unlimited access to this course for one year.This training is available in English only. Enterprise SaaS Enterprise Annual Subscription SirsiDynix Enterprise is a state-of-the-art faceted search solution that empowers libraries to make their collections more searchable and discoverable than ever before. Capitalizing on fuzzy search logic technology never before available to libraries,SirsiDynix Enterprise delivers leading-edge faceted search capabilities,simplified search interfaces,and much more. Enterprise Software Installation Includes installation of Enterprise in SirsiDynix SaaS facility, installation of Enterprise Agent on a Horizon or SirsiDynix Symphony ILS and installation/configuration of the appropriate Java Development(JDK). In addition; it includes the installation of Web Services for sites using SirsiDynix Symphony. Pape 5 of 9 SkdDynW Page 171 of 1256 DocuSign Envelope ID:AD7EC0E7-4B8A-481F-61BE-0375042984AA Quote for COALA Consortium Reference number 73328 Component Deswiptions Enterprise SureStart-3 SureStart is a layer of consulting support designed to smooth the transition to Enterprise by addressing configuration issues like search limits, profiles,etc. Theme Customization Working with a SirsiDynix Consultant,theme customization addresses changing the look and feel of the product like colors,adding graphics,and using CSS to edit fonts and page layouts.This custom work is guaranteed to work on the version of Enterprise currently installed on the customer's system. SirsiDynix cannot guarantee compatibility with future releases. Updating custom work to be compatible with a later release will attract additional fees. Enterprise-End User Traininn, Group One seat in a group distance instructor-led course for Enterprise End User training.This class focuses on performing searches and maneuvering through the end-user interface.You will learn how to use the facets and different search types.By the end of the class you should know how to:-Use Did you mean?and other search suggestions-Limit search results by item library, item type, or other search facets-Utilize email and print options- Check item availability as well as place hold requests-Write a patron review" Enterprise-Administration Training,Group,Hands-On Lab One seat in a group distance hands-on lab course for Enterprise Administration.This class focuses on the policies found in the Enterprise admin module.You will learn how to display,create, modify and remove policies,as well as work with user accounts and scheduled tasks. By the end of the course you will know how to:#Create Enterprise admin user accounts#Manage search profiles and search result displays Kook up and blacklist search suggestions#Crawl website information for use in result lists#Dictate scheduled tasks for indexing ILS data" Enterorise el-eamino. 1 Year, Seff-paced Training This training provides one staff member with one year of unlimited access to the recorded sessions and web-based trainings(WBT)that we offer in SirsiDynix Mentor for SirsiDynix Enterprise and/or SirisDynix Portfolio(does not include instructor-led classes).This option is a great value to introduce or review specific topics in SirsiDynix Enterprise.Topics currently include Enterprise Admin Overview, Book Lists,Search Targets,and Theme Customization. Enterorise-Rooms Content Management Training,Group, Hands-On Lab One seat in a group distance hands-on lab course for Enterprise: Rooms Content Management.This class focuses on the rooms management and content creation capabilities in the Enterprise admin module.You will learn how to manage rooms,edit room properties,and edit and create content for a room. By the end of the course you will know how to:#Create new rooms and Edit existing rooms#Hide and display rooms#Manage the availability of rooms to a Profile#Understand and edit room properties including choosing layouts#Select Search Targets and Search Limits for a room#Edit and create content for a room#Detach and attach moms and branches" Page 6 of 9 SWDynW Page 172 of 1256 DocuSign Envelope ID:AD7ECOE7-4B8A-481 F-B1 BE-0375042984AA Quote for COALA Consortium Reference number 73328 Component Descriptions SirsiDynix Enterprise Proiect Management Project Management Services for the implementation of SirsiDynix Enterprise Other Set'vilces Training: eL mina.Yearly Subscription.Self-paced Training-5 users The Yearly el-eaming subscription provides your library staff with 1 year of unlimited access for 5 users to every recorded session and web-based training(WBT)we offer(does not include instructor-led classes).This option is a great value to introduce new staff to the products offered by SirsiDynix.It also provides a powerful resource to libraries looking for refresher on the product or as an overview of functionality in new releases and is delivered via SirsiDynix Mentor,our learning management system.The subscription auto-renews and will be a line item in your yearly maintenance agreement review. Page 7 of 9 �lY�'I.�y11lIX Page 173 of 1256 DocuSign Envelope ID:AD7ECOE7-4B8A-481F-131BE-0375042984AA Quote for COALA Consortium Reference number 73328 Terms and Conditions Other Terms Current Contract License Limits: SirsiDynix SaaS Services are based upon annual circulation and Staff Users.You may use the SaaS Services for up to 1,310,000 annually circulated items and up to 50 Staff Users;an increase in either circulation or Staff Users requires additional licensing fees. "Go Live Date"means,with respect to the SirsiDynix Software license orders,the date on which the SirsiDynix Software is available for operational use for normal daily business, including searching the public access catalog and circulating materials. Maintenance must be ordered for all copies of the Software and for all elements of the Software which are used conjunctively by Customer. Customer's System shall remain within two(2)previously released software versions of the most recent version of the software at all times or an additional maintenance surcharge service charge will be added to the maintenance renewal. Customer shall not integrate products offered by third parties into Software, Subscriptions or Subscription Software without additional license from SirsiDynix. SirsiDynix shall have the right to aggregate and retain non-personally identifiable data. Payment Terms The term of any quoted products is for no less than five(5)years and shall automatically renew for the length of the Initial Term. Subsequent years'Maintenance and Subscription fees are to be paid annually in advance. Following the first year of System operation, Maintenance and Subscription fees wily be subject to annual increases. Any discounts that may be listed on this quote will be applied to the final invoice. Unless otherwise specifically stated in writing, products and/or services purchased at promotional prices or with promotional discounts do not qualify for such discounts or limitations on price increases for subsequent years. SirsiDynix Software license fees • 100%due upon installation of client SirsiDynix Software on Customer's system Subscriptions fees • 100%SirsiDynix Enterprise Subscription and Subscription Software fees are due upon contract signing and will be invoiced immediately.The annual subscription initial use and anniversary date is the Effective Date of the contract • 100%of first year's Subscription(s)(excluding SirsiDynix Enterprise Subscription and Subscription Software fees)due at installation Services/Training • 50%due upon completion of first data test load, where a test load is part of the services • 100%of the remainder due upon completion of services/training Any reference to license metrics and/or licensed amounts included in this quote shall be applicable only to the Products and/or services mentioned in this quote. This document and any software or professional services associated with this document are hereby fully incorporated into the current Agreement executed between SirsiDynix and Customer. If there is no current agreement between the parties,the terms and conditions of the current SirsiDynbx Master Software License and Services Agreement shall be deemed the controlling Agreement between the parties, a copy of which shall be furnished upon Customer's request. Any and all pre-printed terns and conditions on Customer's Purchase Order(s)submitted to SirsiDynix are hereby rejected and shall be superseded by the current Agreement, unless such additional terms are statutorily required of the Customer. In the event of a conflict,the terms, payment terms,discounts,product lists and/or statement of work contained within this document shall take precedence over the current Agreement between the parties. In the event Customer desires or requires updated terms and conditions for the continuing business relationship with SirsiDynix,please contact your regional Sales Representative. Oak Page 8 of 9 INY&rsiDY111%` Page 174 of 1256 DocuSign Envelope ID:AD7ECOE7-4B8A-481F-61BE-0375042984AA Quote for GOALA Consortium Reference number 73328 Terms and Conditions Customer Signature: COALA Consortium Town of Lake Park village of Palm Springs �--DocuSigned by: DocuSigned by: ` 88C48AC477 A3BD061413(Au zed Signature) ... Dale S. Sugerman, Ph.D. Richard J. Reade Town Manager village Manager Name: Dec-09-2014 ( 18:27 PT Dec-18-2014 1 08:28 PT aY� ! (Printed) Delray Beach Public LibrYfiq1age of North Palm Beach Q ry y AA ! DocuSigned by: ocSignby: Job Title: r f �r kro,N+ Ei—EIA"IWA4;615M:&� E105C9147F... / Alan Kornblau James P. Kelly Date: J LILIr Library Director village Manager Dec-19-2014 1 07:57 PT Dec-10-2014 1 05:56 PT Billing Address: COALA Consortium Finance Dept.PO BOX 310100 E. Boynton Beach Blvd Boynton Beach Florida 83435 United States Page 9 of 9 ShdDyn& Page 175 of 1256 Page 176 of 1256 6.E. CONSENTAGENDA 2/19/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 2/19/2019 REQUESTED ACTION BY COMMISSION: Accept first quarter report on operations of the Schoolhouse Children's Museum and Learning Center for FY18/19. EXPLANATION OF REQUEST: Per the City's Management Agreement with the Schoolhouse Children's Museum, the Executive Director shall submit a quarterly report to the City Commission on all of its activities, revenues and expenditures at a regularly scheduled Commission Meeting. Report covers October 1, 2018 through December 30, 2018. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? None FISCAL IMPACT: None ALTERNATIVES: Do not accept the report. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Attachment Museum 1st Quarter Report Page 177 of 1256 Alk Schoolhouse MUSEUM & LEARNING CENTER Quarterly Report FY '18/'19 1St Quarter General Operations The first quarter of the fiscal year showed improvement in Program Income, Facilities/Parties, Individual Giving and Non-Government Grant Income compared with 1St quarter '17/'18. Overall Visitation was down by 6%. Membership unit sales were significantly lower, however, this was not unexpected. The greatest impact on 1St quarter revenue was the receipt of a $32,000 grant from a local, private foundation and a $5,000 grant from the Jim Moran Foundation. Revenue Gross revenue for the first quarter of'18/'19 was 12.6% higher than the same period last year. Excluding the City's support, income from operations, including fundraising for FY '18/'19—Q1 was $135,277 vs $120,075 in FY '17/'18—Q1. Expenses Overall Expenses for the first quarter of'18/'19 were slightly higher by 2.8% when compared to the same period last year. Expenses for FY '18/'19 —Q1 were $121,263 vs. $117,929 in FY '17/'18—Q1. Programming In addition to regular educational programming and group visits, the following special events and programs were conducted. October • Outreach — Bridges—October 2nd • Fabulous Fun Friday- October 5th • Marketing event at First United Methodist Pre-school—October 11th • INCA Meeting - October 15th • Outreach — Bridges—October 16th • Marketing Event—School Showcase—October 17th • Fabulous Fun Friday- October 19th • Read for the Record —October 25th • Halloween Activity- October 26th • Booth at PirateFest—October 27th & 28th Page 178 of 1256 November • Fabulous Fun Friday— November 2nd • Marketing/PR Event—Volunteer Delray— November 2nd • Outreach — Bridges— November 6th • Fabulous Fun Friday— November 16th • INCA Meeting— November 19th • Outreach — Bridges— November 20th • Thanksgiving— Museum closed — November 22nd December • Focused Field Trip — December 3rd • Outreach — Bridges— December 4th • Hanukkah with Ms. Bonnie — December 5th • Fabulous Fun Friday— December 7th • Focused Field Trip — December 10th • Focused Field Trip — December 13th • Fabulous Fun Friday— December 14th • INCA Meeting— December 17th • Outreach — Bridges— December 18th • Grinchmas— December 19th • Deck the Halls— December 20th • Fabulous Fun Friday— December 21St • Christmas— Museum closed — December 25th • Kwanzaa event— December 27th • Fabulous Fun Friday— December 28th Respectfully submitted, Suzanne Ross Executive Director Page 179 of 1256 6.F. CONSENTAGENDA 2/19/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 2/19/2019 REQUESTED ACTION BY COMMISSION: Accept the written report to the Commission for purchases over $10,000 for the month of January 2019 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 January 2019: Purchase Order Vendor Amount 190637 Globaltech, I nc. $18,445.00 190645 Rangeline Tapping Services, Inc. $11,000.00 190646 Bennett Fire Products Company $13,746.00 190663 B & B Underground Construction $44,825.00 190688 Calvin, Giordano &Associates $45,000.00 190689 Waco Filters Corp. $10,380.00 190708 Kimley Horn &Associates Inc. $24,988.00 190709 Wantman Group Inc. $22,808.00 190729 Power Plus Marine Inc. $24,810.37 190745 Trident Surfacing, Inc. $22,228.40 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: Page 180 of 1256 STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Attachment Attachment D Attachment Attachment Page 181 of 1256 CITY OF BOYNTON BEACH APPROVED REQUESTS FOR PURCHASES OVER $10,000 FOR JANUARY 2019 (D 1. Vendor: Globaltech, Inc. Purchase Amount: $18,445.00 Requesting Department: Public Works Contact Person: Andrew Mack Date., 1/3/19 Brief Description of Purchase: Fire Station#5 UPS System Evaluation, General Consulting Services per agreement RFQ 046-2821-171TP, Scope C to provide engineering services for various general activities, approved by Commission on 3/6/18. Task Order#UT-3C-01 Source for Purchase: RFQ#046-2821-17fTP Fund Source: 303-4101-580-64-15 ITI 806 2. Vendor: an lin Tapping Services, Inc. Purchase Amount: $11,000.00 Requesting Department: Utilities Contact Person: Tremaine Johnson Date: 1/3/19 Brief Description of Purchase: Confirming Purchase Order for a 6" main break behind 571 W. Ocean Dr. on the west side of CSX railroad. This was an emergency. Source for Purchase: enc Purchase Fund Source: 401-2810-536-46-47 3. Vendor: Bennett Fire Products Company Purchase Amount: $13,746.00 Requesting Department: Fire Contact Person: Chief Joseph Date: 1/3/19 Brief Description of Purchase: Purchase gear(pants and jackets)for new firefighters. Source for Purchase: Piggyback Lake County, Fl. Fund Source. 001-2210-522-52-23 Contract#1 7-0606B 4. or: B&B Underground Construction Purchase Amount: $44,825.00 Requesting Department: Utilities Contact Person: Chris Roschek Date: 1/11/19 Brief Description of Purchase: Lift Station 405 Force in Connection project will connect the existing 8" Force Main to an existing 24"Force Main project located at the intersection of SW 27th Avenue&Churchill Drive behind Bethesda East Hospital. Source for Purchase: Bid#028-2821-18/TP Fund Source: 403-5000-535-65-04 SWR102 Page 1 Page 182 of 1256 15. Vendor: Calvin, Giordano&Associates Purchase Amount- $45,000.00 Requesting Department: Public Works Contact Person: Paola Mendoza Date: 1/17/19 Brief Description of Purchase. Complete field reviews to evaluate the compliance of existing curb ramps at intersections on roadways within the Boynton Beach Public Right of Way. Task order UT-2D-01 Source for Purchase: RFQ 046-2821-17-TP Fund Source: 303-4904-541-63-03 T1701 6. or: Waco Filters Corp. Purchase Amount: $10,380.00 Requesting Department: Utilities Contact Person: Leon Liberus Date. 1/17/19 Brief Description of Purchase: Replacement Cartridge Filters required for membrane pre-treatment process. Source for Purchase: Sole Source Fund Source: 401-2811-536-52-75 7. Vendor- Kiley Horn&Associates, Inc. Purchase Amount: $24,988.00. Requesting Department: Public Works Contact Person: Paola Mendoza Date: 1124/19 Brief Description of Purchase: Consulting services for grant application and conceptual engineering design for SE 1st Street sidewalk improvements project. They will provide application services, draft application review&submittal, conceptual engineering to support grant application &public involvement. Task order UT-1 D-02. Source for Purchase: RFQ 046-2821-17/TP Fund Source: 303-4905-580-63-08 CP0266 8. Vendor: Wan Group Inc. Purchase Amount: $22,808.00 Requesting Department: Public Works Contact Person: Paola Mendoza Date: 1/24/19 Brief Description of Purchase: Professional survey servioes for SE 1 st Street topographic survey for planning&design purposes within the right of way of SE 1st Street, bounded on north by SE 2nd Ave, and bounded on the south by Woolbright Road. Task order U-A-03. Source for Purchase- RFQ 067-2821-161TP Fund Source: 303-4905-580-63-08 CP0266 9. Vendor: Power Plus Marine Inc Purchase Amount: $24,810.37 Requesting Department: Public Works Contact Person: Bill Darty Date: 1/29/19 Brief Description of Purchase: Replace two boat engines on police unit 8300, per vehicle replacement plan. Source for Purchase: Three Written Quotes Fund Source: 501-2516-519-64-33 Page 2 Page 183 of 1256 10,Vendor: Trident Surfacing, Inc. Purchase Amount: $22,228.40' Requesting Department: Public Works Contact Person: Andrew Mack Date: 1/31/19 Brief Description of Purchase: Resurface Ezell Hester basketball court. Source for Purchase: Piggyback Orange County Fund Source: 303-4209-572-63-05 Bid#ITB1312303 RP1 826 Page 3 Page 184 of 1256 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 3301 Quantum Blvd. Suite 101 310 P.O. : 190637 Y TON BEACH, FLORIDA 33425-4310 DATE: 01/03/19 VENDOR 9097 SHIP TO: TO: GLOBALTECH INC. City of Boynton Beach 6001 BROKEN SOUND PKWY PUBLIC WORKS DEPARTMENT STE 610 222 N.E. 9TH AVENUE BOCA RATON, FL 33487 BOYNTON BEACH, FL 33435 REQUISITION NO. 72872 0 DE ING DEPARTMENT: ENGINEER ING/AGGA/AM DATE NEEDED: BIO NO: COMMISSION APPROVED: e: EXTENDED LINE## QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST 1 2000 . 00 DL TASK 1-PROJECT KICK OFF MEETING 1.0000 2000. 00 TASK ORDER #UT-3C-01 RFQ NO. 046.-2..82 Total Laba ;$l,360;.00 Subcon,sult nt ry c s #640:00 Total $.Z 2 2820. 00 DL TASK::: IEW -E'CbRD DRAWINGS` .1.0000 2820. 00 Ttal ,abor.: $ 60 00 uasultnt: Servic+s - #2, 50 00. Tnba�:i� 2,820 .00 3 7880. 00 DL TASK 1-INVESTIGeE POTENt." CAUSES 1 0:0:0.0 7880. 00 BREAKERS:'TRIPPING Labor $:5200 S abconsul.:tant 8erv..ces #7,360.00 tat: $ , 880 s00 4 2025.00 DL TPi.SK 2-PREPARE:::DR-APT MEMO O000 2025 . 00 6tal Labor $74a. 00 .. . S bconsult:ant.:,.;SerVic6s. #1,280:::00 Total 5 640. 00 DLTASK. 2-MEET W/STAFF TO REVIEW. � O.zoo 640 . 00 6 710. 00 DLTASK.2 PREPARE FINAt'" MEMO: ..0 0 0 0 710. 00 Total: Labor' = $390 00 S�consultant Services #320 .,00 Tdta .: $no. 0.0 7 1280. 00 DL MARKUP" 1. 0000 1280. 00 8 550 . 00 DL TASK 1-PROaI CT .MAMA C EMENzI P wac--T 1.0000 550 . 00 MGR 9 340 . 00 DL TASK 1-SUBCONTRACT DEVELOPMENT 1.0000 340 . 00 PROJ MGR PROCUREMENT SERVICES: P.O. TOTAL: ACCOUNT NO. PROJECT 303-4101-580.64-15 IT1806 PURCHASING Page 185 of 1256 PURCHASE ORDER CITY OF BOYNTON FLORIDA BEACH, PROCUREMENT SERVICES T 3301 Quantum Blvd. Suite 101 P.O. BOX 310 P.O. #: 190637 BOYNTON BEACH, FLORIDA 33425-0310 DATE: 01/03/19 VENDOR 9097 SHIP TO: TO: GLOBALTECH INC. City of Boynton Beach 6001 BROKEN SOUND PKWY PUBLIC WORKS DEPARTMENT STE 510 222 N.E. 9TH AVENUE BOCA RATON, FL 33487 BO ON BEACH, FL 33435 REQUISITION NO. 72872 ORDEMNO DEPARTMENT: ENOINEERINC/AGGAf DATE NEEDED: RID NO: COMMISSION APPROVED EXT ED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST 10 200 . 00 DL REIMBURSABLE EXPENSES 1.0000 200. 00 REMARK, FIRE S'I'ATI N 5 Ups S S1 EVAL 3A'STON RFQ O#046-2$21 17./TP;. COMMTSSI0N APk�R 3/6/18 SCO,PE'.C T S ORDER.: UT�3 C x:01 . PROCUREMENT SERVICES: K0. TOTAL; 18445. 00 ACCOUNT NO. PROJECT 303-4101-580.64-15 IT1806 PURCHASING Page 186 of 1256 co Go N CA 1 HO 0 0 0 O 0 0 0 0 1 00 0 0 0 o a 0 0 0 0 in 0 a) cc 0 w r- q Ln m cq co r6 0 0 0 C) 0 0 a a 0 n 0 0 to C3 0 0 C� 0 0 0 0 C) 0 0 0 0 n C; In I 0 C) a 0 0 m 0 0 a cq0 H OD H 4J 4J 4J 4J 4.) 43 4J V 4J 4J Z H �4 �4 �4 Z 0 w w w N N Uf w 0 cq0 0 4-3 4.3 JJ V 41 4.) 4-3 J.) 4-1 4I N W u no 0 CD 0 fl0 a0 W CO EO M W M W M OD p r3l U j c) 0 id (d rd (0 cl E m 0 0 00 0 0 0 ri) co to ri) M M W M rA 04a QJ QD ar H D4 0 ()w Ow WW Ow ww WD WD rdw OLD FdtD CO Z In cr% 0 cl H OF"0 r-I 0 H 0 H 0 rq C)r-A 0-10 H t. co aco PAO MM P400 aM"CO WO 04M P4 Z 4 Qs.-i 0-1(D H w'I Q)rA 0-1a)-1 41)r-1 QJ O 00 :m Z W.PV4 Eqix E94 Pr4 Fool p AiFIA4 1-4 p4pjx PIX E4 CD P41-4 F-I H H H H H H H H LL H HHW, o 0 pq W Z 04 0 U U Z 0 0 as FA a to P4 DO fli P4 134 N N 04 N HHH H H H HE--IH HPH HH W ON(YF4 ON Orm OrA 0114 c9p ON OM M NEME N 04 04 04 m a, a C4 m N N MH 'n" aH po �3�rD I ORM MER,n a 0 a E�'DA4 1 W>4 1 N 1 F4 H u H L) I MA > Z zpv� Z Z Z I HUHUH I-qlnH� OWE-4 WH Rm � 04 N U ZllldMp2uzuzNzd Z 94 Omm ZE) H 00 W. �cWW r 0 00 Mw UV U9OU HID 1-4 E-4 WM 1-4 Z P H Z�4H U� WDO w 0 0 LA m m M 9 04 M F1 I H H rq rq H rq rq H r-I H 00 moo I w w w w %D w w w w um um 1 0 0 0 0 a n 0 0 0 CD 1O WwwcocDwwwmww Ln m m m m m m m m Ln H 0 E� E�R-4m Up p P-4 14 H -4 H H r4 r,H0 E-i 0 I 0 0 0 0 0 CD a 0 0 0 CSW H MHz �q H H H " r-i rA 04 1 QE QZ ov v v v 'Ir v IV v 4 v H 0 H r r-loo NO Um m m m m m m m m m H s.4 P4 1 EU on E L) 1 0 0 0 FU MU 0 A F. w aura la4 � H W ILI) 0w w L- w H m n M H 2 Page 187 of 1256 co 00 1 rq cq pq I rq cq H N W }4 0 Fd 1 H 0 C3 0 0 C) 0 pq M C) OC) 0 11 C; o Cq CD C%l co Ln CD m 0 ko CN Ln NN u cli0 U no ; 0 d C) 0 C) 0 00 M L) I C) C3 0 0 C) Z E-1 pq O 1-4 o � 0 C) M 0 O 00 YI i o O00a N a CD 0 C3 P4 H p0 0 C) 0 134 H a4 E-4 C; C) u) 94 EN '� 00 N00 Ln H 0 R 1 : .1 co co N Ln N rA 14 r!9 rlj�l P4 , U PH PI ma m I9 pq 0 0 a) E ui 14 W O W 14 u M EMN 9 m Mr mm W Mw LD C() w 17 w w N 113 M C7 1 H o UP M In U t:) r) u Clq L) 3U 0 L) u 0 U P C7 1 E d HU 0 - HU u HU r4HU W >0 Z > 1 H ri H U MHU cli H ril pq P4 >LD r� H> °3 14 Ix ft >W. Ix 1 Ab OG 0 m E. z C4 x , Mw wwp 0 0 1 mm c4mm r4 to wE WH WH H 0 Dr4 M pq pq D4 aa C3 m 0 - z w 0 Op C7 E � 0 - zo - 0 P •(V ZVI aw zm Oaw ZM OW ZM E� 0q1 Z4 w z m W z rn D4 (1 1 1-4 -1 d HO 0 U HO P40 U HO EI C3 U H0 Ha n 0 HU H z H Wo r- W-r-I EZ .-,i PZ ..H E4Z N ..,A PZ NE-0z g Z C;--1 E-1 Z E-4�74 P Z 6w}¢0� �-to,nHIn H aH H cn d H 0 tD C� p Im W m -1 00wo WN wam,4 mwomo DN M 0 WPW Fl mea 134 I N <&MC;ZH 190}-M -ZH 9VI�[O -ZF-I VI-M H O Z H C&MO�4H H CD or) 00�D H 000 W 00 -�O 0 N 000 90 E. N 4.)OUM M 14JNUM P i 4JMUM 4JNUM MUM P4 1 0 .UM OhH 14ft 00 UM UUP M 1-3 M 0 Z 17) (d - H Ed M k 0 &4 ru'l .. .. .. .. H 0 1 OP4 V 0004>4Q >04JNSHn y OJJrlyHn W 04JN>IQ W DH 1:1 W 0 4-)r-}I Q >qQ O>Hm z EA H 1 14M 0 Q r-q 4&[w 0 m.qr-wl-poli't&E-4 0 fX.Q r-I M-[-0 DI E-0 0 W-0 r-j-W E�0 E-+0 fXE-4 2 X 0 00 H m C4(a:J HX M�; E 014 rd:1H E �HX 134 96�J HE H E D�H ow QI Fl m m Q DD H 0 H 1 r40 0 0 -00 H 9 00 -1 0 00 r. 00 cla 0 0,�00 MOO HOO H 0 �4' r-I DrA U r-I 01� u .Or�zu H 01�xu u r-I 0 zu ra U, WW rd u rd m 01 wo m W W(d U 0X4M PEU. u H 0 WE E-4 r M 4M a '0j 0 9 M10j NON U EM do Xp 4 N UM 4 g OUM �Q4JOP 2lJQIJOM MO� �Vl�t8R FM MON 9 '0 0:1 OUM 00 OUM �ucn 00 m P�-4 V4 PME� E-Imp p E4 p rA E-1 EPMP NC4 I H C%] M N Ln CO n co ril HW 1 Page 188 of 1256 CITY OF BOYNTON BEACH REQUEST FOR PURCHASE OVER 000 i Date: 12/26/201 Requesting ® PW-Engineering Explanation for Purchase: Fire t tiEvaluation, r f Consulting Servicesr agreement 1®1 t of engineering i for v ractivities, ission meeting Recommended Vendor Globaltech [Rol lar Amount of Purchase $18,445 Source r Purchase (check and attach backup materials): Three Written Quotations GSA State Contract PRIDE/RESPECT SNAPS Sole our Piggy-Back Budet Item Emergency urch s Other Contract Number: NOTE: Pricing proposal fur purchase must be presented in the same detail contained within the contract. Fund Source 303-4101-580-64-15, Project #IT1806 Department Head Date g Purchasing t Asst City Manager Date City Manager3F11t Form ise 02101/02 Page 189 of 1256 Pagel o 3 S.F. CONSENTAGENDA 318/2018 0�. ,;,; CITY OF BOYNTON BEACH �, AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 3/8/2018 REQUESTED ACTION BY COMMISSION: Approve the rankings as recommended by the Selection Committees and authorize staff to conduct negotiations with the recommended top ranked proposers in each of the five(5)Scope Categories,to establish contracts in accordance with Request for Qualifications(RFQ)No.048-2821-17frP for General Consulting Services and as per Florida Statute 287.055,otherwise known as the Consultants'Competitive Negotiation Act(CCNA).At completion of negotiations,contracts will be brought back to the Commission for approval. EXPLANATION OF REQUEST: On September 26,2017, pursuant to the Consultants'Competitive Negotiation Act(CCNA), Procurement Services opened a total of sixty-five(65) proposals in response to the"Request for Qualifications for General Consulting Services."This RFQ was issued seeking qualifications from frons interested in providing general engineering consulting services to the City. The general consulting services were separated into five (5) scope categories; Scope A — Water Plant Modifications, Capacity and Operation Evaluation;Scope B—Infrastructure Improvements and Evaluations;Scope C—Ancillary Studies and Services;Scope D—Transportation Services; Scope E—Architectural and Landscape Design Services.Per the RFQ,a minimum of two(2)and a mammum of three(3)firms would be selected in each category. After reviewing all proposals in accordance with the evaluation criteria contained in the RFQ, in five (5) different public meetings, the selection committees scored and ranked the firms and shortlisted the following firms: Q I Caroll0 n ineers,Ince 1 CFf2 ill t� Ineers,Inc, 12 A Co Te nl I Servl s, 3 Inc. CDM Smith,Inc, rte Globaltech,lroc, Tie SCOPE B RANKING is .S.,Inc. 1 C1snInes , Inc, COM Smith, Ince 3 CTechnical Services, 4 Inc, 1!t nc1 2 sour s® Tie GO rte SCOPERANKING] o m sccia s, 1 i�rd8rt0 Inc. s Con in 3 Michael B.Sc crahsoca, Inc. Erdman Ant ony of IOri a, 5 Inc. RANKINGSCOPEE Gentile I Holloway 1 O'Mahoney ccs, Inc. West Archftcture + Design, LLC. SOnAssociates 3 Ale)CmKnightArchite s,Inc. 4 CPH, Inc. 'Tie Fie https./ yntonbeach.novusa enda.com/ en tr et/CoverS eet.as x?lte b=3671 •••Pd N8 of 1256 '' Coversheet Page 3 of 3 FISCAL IMPACT: Budgeted There is no fiscal impact as a result of this approval;contracts between the City and the selected firms will be submitted to Commission for approval. ALTERNATIVES: Not accept the committees'rankings; Re-rank and approve commission ranking; Request oral presentations to commission then rank;or Not to award and issue a new Request for Qualifications. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION- CLIMATE ACTION: CLIMATE ACTION DISCUSSION: -----------——----------—-—---------- --------- Is this a grant? Grant Amount: ............... ATTACHMENTS- Type Description D Attachment Ranking backup https://boyntonbeach.novusagenda.com/A2endalntranet/CoverSheet.aspx?ltemID=367l&M...PAiRW of 1256 rn -W m .Cr ib rr r FOW - tu IK =5 cr as FL F KF m CL to m C tD =1 3 3 =5 to CL 0 m Et @ -n OR 3 ID CL cx c M an 0 CA to c CL cr in cr E a -LO I.- M 0 n w m 14 w NJ m xv Iz M > EL m f co l'i N c > `giy tn I.- w to -4 ul tj w W cr Ut N, M CD Lq r. a P P PO 0 C3, 0 a C3 a 00000 In. 10 CO tm V} 0 Go 00 FA cc en m it C) C) CD 0 M m m m rn 2 m r" m m m Page 192 of 1256 Engineers-Contractors 6001 Broken Sound Pkwy Al W,Suite 610 GALOBALTECH Boca Raton,Florida 33187 OESIG dal BUILD C . F-I; 1 Y Phone:(561)997-6433,Fax:(561)997-5811 www.globaltechdb,com December 21,2018 Mr. Andrew Mack Director of Public Works &Engineering City of Boynton Beach Public Works &Engineering P.O. Box 310 Boynton Beach, FL 33425 Dear Mr. Mack: Subject,Fine Station 5 UPS System Evaluation—General Consulting Services RFQ No. 0 6- 2821-17 _Scope C Ancillary Studies Globaltech is pleased to submit the proposed Task Order for Evaluation of the UPS System at Fire Station 5. Globaltech is proposing to utilize internal staff(Mico Shaner and Rick Olson) with support from Hillers Electrical Engineers. Our fee to implement the provided scope of work for this project is$18,445. Please accept the attached Task Order as our proposal to conduct the work described. We will need an executed purchase order and Task Order number to begin work. We look forward to working with the City on this critical infi°astructure project. Very truly yours Rick Olson,P.E. Director of Client Services Cc: Troy Lyn/Globaltech Page 1 of 1 Page 193 of 1256 TASK ORDER# CITY OF BOYNTON BEACH GENERAL CONSULTING SERVICES SCOPE OF WORK FOR FIRE STATION 6 UPS SYSTEM EVALUATION INTRODUCTION The City of Boynton Beach (CITY) entered into an AGREEMENT entitled General Consulting Services RFQ No. 046-2821-17[TP (CONTRACT) with Globaltech, Inc. (CONSULTANT) to provide engineering services for various general activities, approved by the Boynton Beach City Commission on September 7,2018. This Task Order will be performed under that AGREEMENT. SCOPE OF SERVICES The CITY maintains a communications core at Fire Station No. 5 including communications for City emergency operations, a 911 call center and computer servers. The system is powered through a direct feed by Florida Power & Light with emergency power provided by an on-site generator. To bridge power transfers and to cover small power irregularities, key electronic equipment is also protected by a Liebert Uninterruptable Power Supply(UPS) system. In April 2018, a lightning strike damaged several components and caused the system to fall. The system again failed to operate properly in October 2018 when a breaker on the Llebert UPS system tripped unexpectedly. The CITY desires CONSULTANT to conduct and evaluation of the electrical and back-up power supplies to investigate potential problems, identify failure modes, and to recommend modifications to the system that will improve its overall reliability. Task I —System Evaluation CONSULTANT will subcontract Hillers Electrical Services to assist with this evaluation. As part of this assessment, CONSULTANT will conduct the following series: • Conduct meeting with CITY staff to review electrical system • Review the electrical"record" drawings for the facility • Investigate the possible causes(s)for the breakers tripping (April—main breaker, October Liebert UPS output) • Study the electrical system looking for failure modes and weaknesses Task 2—Memorandum of Findings / Recommendations Following the assessment, CONSULTANT will prepare a brief memorandum summarizing activities performed, findings and recommendations. The memorandum will include the following elements: Assessment activities conducted I of 2 Page 194 of 1256 • Communications with manufacturer and manufacturer's field representative, • Peak load information from FPL • Items identified that do not meet code or fail to meet good field practice. • Improvements necessary to improve electrical reliability. Services Not Included in Scope of Services > Design of system improvements. > Recommendations of specific models or brands of equipment. > Prequalification of contractors. Bidding for well drillers. > Litigation services. > Services during construction including preparation of Operation and Maintenance Manuals and certification of construction completion. > Additional services not otherwise provided for in this Scope of Services. PROJECT PERSONNEL The CONSULTANT proposes Rick Olson, P.E.,to serve as the project managerwith Nico Shaner, P.E. serving as the technical reviewer of this project. DELIVERABLES CONSULTANT will prepare the following deliverables as part of this Task Order: 0 Memorandum of Findings/ Recommendations ASSUMPTIONS 1. A Notice to Proceed is issued by January 1, 2018. COMPENSATION Compensation for this Task Order# will be on a time and materials basis for a fee not to exceed$18,445. Attachment-A provides the compensation summary for the project. ATTACHMENT—A Compensation Summary 2 of 2 Page 195 of 1256 Page 196 of 1256 Mack, Andrew From: Pratt, Taralyn Sent: Thursday, November 15, 2018 2:30 PM To: Mack Andrew cc- Ramsey, Kevin Sub ect: RE: Electrical Engineer j Follow Up Flag: Flag for follow up Flag Status: Flagged Good Afternoon, Below is the contact information for the next 31 Ranked Consultant for RFQ 046-2821-17/TP General Consulting Services The task order for this work isTask Order # UT-3C-0.1 , use this task order in your description when completing the PO for the Fire Station #5—Power Analysis for the Power Supply to Dispatch and the Server Room,as well as on the Consultant's(Globaltech, Inc.)Quote. Once you are issued the PO, please forward me the Requisition#and PO#, so I may continue to track the usage and expenditures for this Utilities RFQ. Globaltech, Inc. 6001 Broken Sound Pkwy NW A '0 Suite 610 L-kio Boca Raton, FL 33487 PH: (561) 997-6433 FAX: (561) 997-5811 Cb oco Rick Olson, P.E. aRolson,@ .glob a(tech Q13.com Regards, Taralyn Taralyn Pratt Contract Coordinator Boynton Beach Utilities City of Boynton Beach 124 E. Woolbright Rd. Boynton Beach, Florida 33435 561-742-6447 prattt@bbfl.us http://www.boynton-beach.org/ C3 V Page 197 of 1256 America's Gateway to the Gulfstream Please be advised that Florida has abroad public records law and all correspondence tome via email maybe 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. From: Mack,Andrew Sent:Thursday, November 15, 20181:51 PM To, Pratt,Taralyn<prattt@bbfl.us> Cc: Ramsey, Kevin<RamseyK@bbfl.us> Subject: RE: Electrical Engineer I looked over the scopes and agree it would fall under scope C. It will be for power analysis. Task will consist of evaluating the power supply to the dispatch and server room at FS#5. Can you send me the next person in line under scope C. Thanks. Andrew Mack, P.E.,CBO, LEED AP Director of Public Works& Engineering Public Works 11 Mailing Address: P.O. Box 310 1 Boynton Beach, Florida 33425 Physical Address: 100 E. Boynton Beach Blvd. I Boynton Beach, Florida 33435 D 561-742-6201 1 0 561-742-6211 MackA@bbfl.us I oynton-beach.org/ V W 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. From: Pratt,Tara lyn Sent:Thursday, November 15,2018 8:24 AM To:Mack,Andrew<MackA@bbfl.us> Cc: Ramsey, Kevin<RamseyK@bbfl.us> Subject. RE: Electrical Engineer Good Morning Andrew, After reviewing the Consulting Services Scopes, I see Scope C—for Ancillary Studies and Services but nothing specifically for server room and dispatch services. I have attached the RFQ Scopes and the descriptions, please review the scopes and let me know which will suite your need? I will then issue you the task order of the next consultant in rotation and a Task Order#. 2 Page 198 of 1256 Taralyn Taralyn Pratt Contract Coordinator Boynton Beach utilities City of Boynton Beach 124 E. Woolbright Rd. J Boynton Beach, Florida 33435 �. L 551-742-6447 Ia prattt@bbfl.us J http://www.boynton-beach.org/ El F11 j' America's to the Gulfstream 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 maybe subject to public disclosure. From: Mack,Andrew Sent:Thursday, November 1 , 201 6:45 AM T : Pratt,Taralyn<prttt bfl.us> Cc: Ramsey, Kevin< a s vK laus> Subject: Electrical Engineer Taralyn: I need to get a task order to have an electrical engineer review the FS#5 electrical system to server room dispatch. We had an issue with the UPS design and looking for a third party analysis. I'm not sure what scope it's in. Can you send me the next consultant in line so I can get a task order. Thanks. Sent from my ° hone Andrew Mack, P.E., CBD, SEED AP Director of Public Works& Engineering Public Works 49 k-Mailing Address: P.O. Box 310 1 Boynton Beach, Florida 33425 Physical Address: 100 E. Boynton Beach Blvd. I Boynton Beach, Florida 33435 561-742-6201 1 fd 561-742-6211 S MackA@bbfl.us J 1-2 boynton-beach.org/ 3 Page 199 of 1256 I 'l13 U wi 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. 4 Page 200 of 1256 0 GENERAL CONSULTING SERVICES AGREEMENT THIS AGREEMENT' is entered into between the City of Boynton each, hereinafter referred to as "the CITY", and GLOBALTECH, INC., hereinafter referred to as "the CONSULTANT", in consideration of the mutual benefits, terms, and conditions hereinafter specified. WHEREAS, pursuant to Section 287.055, Florida Statutes, the Consultants' Competitive Negotiation Act, the CITY'S Procurement Code,the City of Boynton each solicited proposals for professional consulting services from qualified engineering firms for required City services; and WHEREAS, THE CITY issued a Request for Qualifications for General Consulting Services for the City of Boynton each, RFQ No. 046-2821-17/TP; and WHEREAS, the City Commission designated CONSULTANT as one of several qualified consulting firms to provide General Consulting services to the CITY; and NOW, THEREFORE, in consideration of the mutual covenants expressed herein, the parties agree as follows: ARTICLE I -SERVICES 1.1 CONSULTANT agrees to perform General Consulting Services by way of individual task orders, at the request of the CITY during the term of this Agreement, including the provision of all labor, materials, equipment and supplies. The specified projects which may be assigned to CONSULTANT is in conjunction with: Scope Category A Water Plant Modifications, Capacity and Operations Evaluation Scope Category B Infrastructure Improvements and Evaluations Scope Category C Ancillary Studies and Services Scope Category D Transportation Services Scope Category E Architectural and Landscaping Design Services 1.2 SERVICE AND RESPONSIBILITIES 1.2.1 GENERAL: The CONSULTANT agrees to perform work assigned by Task Order(s) under such terms as set forth in the Task Order(s). The terms of the Task Order(s) shall be supplemental to the terms of this Agreement. 1.2.2 The CONSULTANT is responsible for defects in its work and in the work of its Sub-consultants'work. The to "Agreement"has the same meaning as the term"contract"- Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL ®1 Page 201 of 1256 1.2.3 PRELIMINARY SERVICES PHASE: The CONSULTANT shall prepare preliminary studies and reports, feasibility studies, financial and fiscal studies, and evaluation of existing facilities, preparation of schematic layouts and sketches where required; develop construction budgets, opinions of Probable Construction Cost, and shall consult and confer with the CITY as may be necessary for the CITY to reach decisions concerning the subject matter. The CONSULTANT shall attend meetings with the CITY Commission and CITY staff as may be required, and provide the CITY with a time schedule which shall include but not be limited to submittal of all milestones related to the project up to delivery of 100% construction documents. 1.2.4 During the preliminary services phase,the CONSULTANT shall advise the CITY, based on CONSULTANT'S professional opinion and the current project conditions and reasonably foreseeable conditions of the completeness of existing data and its suitability for the intended purposes of the project; CONSULTANT to obtain data from other sources; identify and analyze requirements of governmental authorities having jurisdiction to approve the design of the project; provide analyses of the CITY'S needs for surveys; perform site evaluations and comparative studies of prospective site and solutions; and prepare and furnish a report to the City setting forth the CONSULTANT'S findings and recommendations. 1.2.4.1 Providing any type of property surveys or related engineering services needed for the transfer of interests in real property, and field surveys for design purposes and engineering surveys and staking to enable Contractor to proceed with their work, and providing other special field surveys. 1.2.4.2 Preliminary design services to be performed by the CONSULTANT shall include consultation and advice concerning the extent and scope of proposed work and preparation of preliminary design documents consisting of design criteria, preliminary drawings, and outline specifications as well as preliminary estimates of probable Construction Costs. This phase will also include preparation of a preliminary site plan or schematic drawings when appropriate. Up to six (6) copies of the preliminary design documents shall be furnished to the CITY, the exact number needed shall be determined by the CITY. 1.2.4.3 CONSULTANT shall provide environmental assessment and impact statements as required to determine the suitability of the site and its surrounds for the proposed project; and/or 1.2.4.4 Upon authorization of the CITY, the CONSULTANT will provide advice and assistance relating to operation and maintenance of project or other systems; evaluate and report on operations; assist the CITY in matters relating to regulatory agency operations review or operating permit non-compliance; assist with startup and operator training for newly installed or modified equipment and processes, and in the preparation of operating, Boynton Beach Utilities-General Consulting Services C-2 V.5 CLEAN FINAL Page 202 of 1256 maintenance and staffing manuals for the project. 1.2.5 BASIC SERVICES: The CONSULTANT shall consult and advise the CITY in the following manner: specifying the extent and scope of the work to be performed; prepare detailed construction drawings and specifications; revise and update, where necessary, previously designed construction plans and specifications, whether in whole or in part, to be incorporated into the proposed work and prepare construction documents and final estimate of probable Construction Cost. The final design services shall be provided in an electronic format, and shall also include furnishing up to six (6) copies of plans and specifications to the CITY; the exact number needed shall be determined by the CITY. 1.2.6 Final design services shall also include preparation of permit applications as may be required by such agencies as have legal review authority over the project. These applications shall include but not be limited to site plan approvals or other permits and work efforts and shall also consist of meetings at staff level and meetings with the appropriate governing body and the CITY. Unless specifically provided for under the final design phase, permit application services do not include applications requiring environmental impact statements or environmental assessments, consumptive use permits and landfill permits. 1.2.6.1 The CONSULTANT based upon the approved design documents and any adjustments authorized by the CITY in each project, project schedule or construction budget shall prepare for approval by the CITY,design development documents consisting of drawings and other documents to fix and describe the size and character of each project's civil engineering, environmental, landscape, architectural, structural, mechanical, and electrical systems and any other requirements or systems, materials and such other her elements as may be appropriate for a complete project. The CONSULTANT shall also advise the CITY of any adjustments to the preliminary estimate of probable Construction Costs. 1.2.6.2 The CONSULTANT based on CITY approved design development documents and any further adjustments in the scope or quality of the project or in the construction budget shall prepare Construction Documents within the number of calendar days specified within any notice issued by the CITY. The Construction Documents shall consist of drawings and specifications setting forth in detail the requirements for the construction of the project. 1.2.6.3 The CONSULTANT shall assist the CITY in the preparation of the necessary proposal information and forms. 1.2.6.4 The CONSULTANT shall advise the CITY of any adjustments to previous estimates of probable Construction Costs indicated by changes in codes, administrative and jurisdictional requirements of general market conditions. 1.2.6.5 The CONSULTANT shall submit to the CITY for each project, Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-3 Page 203 of 1256 electronic format and up to six (6) copies of the Construction Documents, and a further revised estimate of total probable Construction Cost. 1.2.6.6 CONSULTANT shall include in the Construction Documents a requirement that the construction contractor shall provide a final as-built survey of the project in Autocad electronic format by a registered Land Surveyor, and provide marked up construction drawings to the CONSULTANT so that the CONSULTANT can prepare and deliver to the CITY the record drawings in the form required by the CITY and as required. 1.2.6.7 Prior to final approval of the Construction Documents by the CITY, the CONSULTANT shall conduct a thorough review and quality control evaluation of the entire work product for compliance with requirements of any local, state, or federal agency from which a permit or other approval is required. The CONSULTANT shall make sure that all necessary approvals have taken place. 1.2.6.8 Prior to each phased submittal,the CONSULTANT shall conduct a thorough quality control review and assessment of the work product to determine whether the work is properly coordinated and confirm that the CITY and agency comments have been addressed and incorporated into the Contract Documents. The CONSULTANT shall provide to the CITY a Quality Assurance and Quality Control plan in a format that advises the CITY that all work has been performed as required. A report shall be submitted in accordance with those standards to apprise the CITY that due care has been taken in the preparation of the Contract Documents. 1.2.6.9 The CONSULTANT shall signify responsibility for the Contract Documents including technical specifications and drawings prepared pursuant to this Agreement by affixing a signature,date and seal as required by Florida Statutes Chapters 471 and 481, if applicable. The CONSULTANT shall comply with all of its governing laws, rules, regulations, codes, directives and other applicable federal, state and local requirements in preparation of the work. 1.2.7 The CONSULTANT shall provide the construction documents, technical specifications and drawings completed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions. 1.2.8 The CONSULTANT following the CITY'S approval of the Construction Documents and the latest estimate of probable Construction Cost shall when so directed and authorized by the CITY, assist the CITY in obtaining proposals or negotiated proposals, and assist in preparing contracts for construction. 1.2.8.1 The CONSULTANT shall review and analyze the proposals Boynton Beach Utilities-General Consulting Services C-4 V.5 AN FINAL Page 204 of 1256 received by the CITY and shall make a recommendation for any award based on the CITY'S Procurement Administrative Policy Manual. 1.2.8.2 Any Opinion of the Construction Cost prepared by CONSULTANT represents its judgment as a design professional and is supplied for the general guidance of the CITY. Since CONSULTANT has no control over market conditions, CONSULTANT does not guarantee the accuracy of such opinions as compared to contractor bids or actual cost to the CITY. If the project is not advertised for proposals within three(3) months after delivery of Final Design Plans, through no fault of the CONSULTANT or if either local market conditions or industry- wide prices have changed because of unusual or unanticipated events effecting the general level of prices or times of delivery in the construction industry, the established Construction Cost limit may be adjusted as determined by the CITY'S Representative and as approved by the CITY, if necessary. Additionally, if the CITY expands a project scope of work after the CONSULTANT renders the Final estimated probable Construction Cost of the Final Design Plans, the CONSULTANT shall not be responsible for any redesign without compensation which shall be mutually agreed to by the parties hereto. 1.2.8.3 The CONSULTANT shall provide the CITY with a list of recommended prospective bidders. 1.2.8.4 The CONSULTANT shall attend all pre-proposal/per-bid conferences. 1.2.8.5 The CONSULTANT shall recommend any addenda, through the CITY'S representative as appropriate, to clarify, correct, or change proposal documents. 1.2.8,6 If Pre-Qualification of bidders is required as set forth in the Request for Proposals or Invitation to Bid (two-step bid process), CONSULTANT shall assist the CITY, if requested in developing qualifications criteria, review qualifications and recommend acceptance or rejection of the bidders. 1.2.8.7 If requested, CONSULTANT shall evaluate proposals and bidders, and make recommendations regarding any award by the CITY. 1.2.9 The CITY shall make decision on all claims regarding interpretation of the Construction Documents, and on all other matters relating to the execution and progress of the Work after receiving a recommendation from the CONSULTANT. The CONSULTANT shall check schedules, shop drawings and other submissions for the limited purpose of checking conformance with the concept of the project, and for compliance with the information given by the Construction Documents. The CONSULTANT shall also review change orders prepared and submitted by Contractor and review and make recommendations to the City for progress payments to the Contractor based on each project schedule of values and the percentage of work completed. The CONSULTANT will neither have control over or charge of, nor be responsible for, the construction means, methods, techniques, sequences, or procedures, or for the safety Boynton Beach Utilities-General Consulting Services C-6 V.5 CLEAN FINAL Page 205 of 1256 precautions and programs in connection with the construction of the assigned task order projects. 1.2.9.1 The CITY shall maintain a record of all change orders which shall be categorized to the various types, causes,.etc. that may be determined useful and necessary for its purpose. 1.2.9.2 If the CONSULTANT is not the Construction Manager for the construction, the CITY shall notify the CONSULTANT within three (3) days of the discovery of any architecturaVengineering error or omission so that the CONSULTANT can be part of the negotiations resolving the claim between the CITY and the Contractor. 1.2.10 The CONSULTANT shall carefully review and examine the Contractors schedule of values, together with any supporting documentation. The purpose of such review and examination will be to protect the CITY from an unbalanced schedule of values which allocates greater value to certain elements of each project than is indicated by industry standards,supporting documentation, or data. If the schedule of values is not found to be appropriate, it shall be returned to the Contractor for revision for supporting documentation. After making such examination, when the schedule of values is found to be appropriate, the CONSULTANT shall sign the schedule of values indicated informed belief that the schedule of values constitute a reasonable, balanced basis for payment of the Application for Payment to the Contractor. 1.2.11 The CONSULTANT shall perform on-site construction observation of each project based on the Construction Documents in accordance with paragraph 1.2.16 "Resident Project Services" of this Agreement. The CONSULTANT'S observation shall determine the progress of the work completed, and whether the work is proceeding in a manner indicating that the work when fully competed will be in accordance with the Construction Documents. On the basis of site visits, the CONSULTANT will provide the CITY with a written report of each site visit in order to reasonably inform the CITY of the progress of the portion of the Work completed. The CONSULTANT shall endeavor to identify for the CITY any defects and deficiencies in the work of contractors, and make written recommendation to the CITY where the work fails to conform to the Construction Documents. The CONSULTANT shall not have control over or charge of, or responsibility for the construction means, methods,techniques,sequences or procedures. or for safety precautions and programs in connection with the Work, nor shall the CONSULTANT be responsible for the Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents. The CONSULTANT shall not have control over or charge of, and shall not be responsible for, acts or omissions of the Contractor or of any other persons or entities performing portions of the Work. Based on such observation and the Contractor's Application for Payment, the CONSULTANT shall determine the amount due to the Contractor and shall issue Certificates for Payment in such amount. These Certificates will constitute a representation to the CITY based on such Boynton Beach Utilities-General Consulting Services C-6 V.5 CLEAN FINAL Page 206 of 1256 observations and the data comprising the Application for Payment that the work has progressed to the point indicated. By issuing a Certificate of Payment,the CONSULTANT will also represent to the CITY that to the best of its information and belief, based on what its observation have revealed; the Work is in accordance with the Construction Documents. The CONSULTANT shall conduct observations to determine the dates of substantial and final completion and issue a recommendation for final payment. 1.2.12 The CONSULTANT shall revise the Construction drawings and submit record or corrected drawings to the CITY to show those changes made during the construction process based on the marked up prints, drawings and other data furnished by the Contractor. The record drawings shall be provided in electronic format inclusive of conformed PDF files and AutoCad files in a form compatible with the CITY'S version of AutoCad formats for archival purposes. 1.2.13 The CONSULTANT shall attend regularly scheduled progress meetings on site bi-monthly or as otherwise determined based on a specific need established prior to construction by the CITY. 1.2.14 The CONSULTANT shall review change orders prepared and submitted by the Contractor for the CITY'S approval, CONSULTANT shall not authorize any changes in the work or time, no matter how minor with out prior written approval by the CITY. 1.2.16 Each project's construction or demolition shall be considered complete upon compilation of a punchlist by CONSULTANT, which shall be timely completed by Contractor to the satisfaction of the CITY, written notification to Contractor by CONSULTANT that all releases of liens are satisfied and written recommendation by CONSULTANT for final payment to the Contractor which shall be at the sole discretion of the CITY. 1.2.16 RESIDENT PROJECT SERVICES: During the Construction progress of any work, the CONSULTANT will if authorized by the CITY, provide resident project observation services to be performed by one or more authorized employees ("Resident Project Representative') of the CONSULTANT. Resident Project Representatives shall provide extensive observation services at the project site during construction. The Resident Project Representative will endeavor to identify for the CITY any defects and deficiencies in the work of the Contractor(s). Resident project observation services shall include but is not limited to the following: ❖ Conducting all pre-construction conferences; ❖ Conducting all necessary construction progress meetings; ❖ Observation of the work in progress to the extent authorized by the CITY; •3 Receipt, review coordination and disbursement of shop drawings and other submittals; • Maintenance and preparation of progress reports; ❖ Field observation and verification of quantities of equipment and materials installed; Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-7 Page 207 of 1256 ❖ Verification of contractors'and subcontractors' payrolls and records for compliance with applicable contract requirements; ❖ Maintenance at each project site on a current basis of all drawings, specifications, contracts, samples, permits, and other project related documents, and at the completion of each project, deliver all such records to the CITY; ❖ Preparation, update and distribution of a project budget with each project schedule; ❖ Notification to the CITY immediately if it appears that either each project schedule or each project budget will not be met; ❖ Scheduling and conducting monthly progress meetings at which CITY, Engineer, general contractor, trade contractor, utilities representatives, suppliers can jointly discuss such matters as procedures, progress, problems and scheduling. ❖ Recommending courses of action, and enforcing action selected by the CITY, if so directed by the CITY, if the general and/or trade contractors are not meeting the requirements of the plans, specifications, and Construction Contract; ❖ Development and implementation of a system for the preparation, review, and processing of change orders; ❖ Maintenance of a daily log of each project; ❖ Recording the progress of each project, and submission of written monthly progress reports to the CITY including information on the Contractors'work and the percentage of completion; ❖ Determination of substantial and final completion of work and preparation of a list of incomplete and unsatisfactory items, and a schedule of their completion; and ❖ Securing and transmitting to the CITY, required guarantees; affidavits; releases; key manuals; record drawings; and maintenance stocks; The Resident Project Representative shall also investigate and report on complaints and unusual occurrences that may affect the responsibility of the CONSULTANT or the CITY in connection with the work. The Resident Project Representative shall be a person acceptable to the CITY, and the CITY shall have the right to employ personnel to observe the work in progress, provided however that such personnel as employed by the CITY, and such personnel will be responsible directly to the CITY in the performance of work that would otherwise be assumed and performed by the CONSULTANT. The Resident Project Representative shall not have control over or charge of, or responsibility for the construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, nor shall the Resident Project Representative be responsible for the Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents. The Resident Project Representative shall not have control over or charge of, and shall not be responsible for, acts or omissions of the Contractor or of any other persons or entities performing portions of the Work. Although CONSULTANT shall not be responsible for health or safety programs or precautions related to CITY"s activities or those of CITY's other contractors and consultants or their respective subcontractors and Boynton Beach Utilities-General Consulting Services C-8 V.5 CLEAN FINAL Page 208 of 1256 vendors ("Contractors"), CONSULTANT shall nonetheless report to the Resident Project Representative health and safety conditions or deficiencies observed by CONSULTANT'S employees or representatives. CONSULTANT shall not be responsible for CITY's pre-existing site conditions or the aggravation of those preexisting site conditions to the extent not caused by the negligence or willful misconduct of CONSULTANT. CONSULTANT shall not be responsible for inspecting, observing, or correcting health or safety conditions or deficiencies of CITY, Contractors or others at project site ('Project Site") other than for CONSULTANT's employees, subconsultants and vendors. 1.3 ADDITIONAL SERVICES 1.3.1 When additional services are necessary they shall be specified in the written Task Order. Examples of additional (not exclusive) services are: ❖ Preparation of applications and supporting documents for private or governmental grants, loans or advances in connection with any particular project. ❖ Services to make measured drawings of or to investigate existing conditions or facilities, or to verify the accuracy of drawings or other information furnished by or to the CITY. ❖ Services resulting from significant changes in the general scope,extent or character of any particular project or its design including but not limited to, changes in size, complexity, the CITY'S schedule, character of construction or method of financing, and revising previously accepted studies, reports, design documents or Construction Contract Documents when such revisions are required by changes to laws, rules, regulations, ordinances, codes or orders enacted subsequent to the preparation of such studies, reports or documents, or are due to any other causes beyond the CONSULTANT'S control. ❖ Providing renderings or models for the CITY'S use. ❖ Preparing documents for alternate Proposals requested by the CITY for work that is not executed for documents for out-of-sequence work. •:• Investigations and studies involving but not limited to, detailed considerations of operations, maintenance and overhead expenses; providing value engineering during the course of design; the preparation of feasibility studies; cash flow and economic evaluations, rate schedules and appraisals; assistance in obtaining financing for a project; evaluating processes available for licensing and assisting the CITY in obtaining process licensing; detailed quantity surveys of material, equipment and labor, and audits or inventories required in connection with construction performed by the CITY. ❖ Assistance in connection with Proposal/proposal protests, re-bidding or re-negotiating contracts for construction, materials, equipment or services, unless the need for such assistance is reasonably determined by the CITY to be caused by the CONSULTANT (e.g. defective plans and/or specifications which inhibit contractors from submitting proposals) in which event there shall be no additional cost for the provision of such services. Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-9 Page 209 of 1256 44- Preparing to serve or serving as a CONSULTANT or witness for the CITY in any litigation, arbitration or other legal or administrative proceeding. ❖ Additional services in connection with a project not otherwise provided in this Agreement. ❖ Services in connection with a project not otherwise provided for in this Agreement. -0, Services in connection with a field order or change order requested by the CITY. ❖ Providing artwork, models, or renderings as requested by the CITY. 1.3.2 When required by the Construction Contract documents in circumstances beyond the CONSULTANT'S control, and upon the CITY'S authorization, it will furnish the following additional services. 44*P Services in connection with work changes necessitated by unforeseen conditions encountered during construction. ev Services after the award of each contract in evaluating and determining the acceptability of an unreasonable or excessive number of claims submitted by Contractor, except to the extent such claims are caused by the errors or omissions of the CONSULTANT. Additional or extended services during construction made necessary by 1) work damaged by fire or other cause during construction, 2) a significant amount of defective or negligent work of any contractor, 3) acceleration of the progress schedule involving services beyond normal working hours, or 4) default by any contractor; provided however, if a fire occurs as a direct result of errors or omissions in the design by the CONSULTANT or if the CONSULTANT fails to notify the Contractor of the deficient quality of their workmanship pursuant to CONSULTANT'S duties as described in the Contract Documents, the CONSULTANT'S additional services shall be deemed part of Basic Services and compensated as such. ❖ Services in connection with any partial utilization of any part of a project by the CITY prior to Substantial Completion. Services to evaluate the propriety of substitutions or design alternates proposed by the Contractor and involving methods of construction, materials, or major project components either during bidding and/or Negotiation services or Construction Contract award. The cost of such services shall be borne by the Contractor, and this requirement shall be included in the construction contract. ❖ Services in making revisions to drawings and specifications occasioned by the acceptance of substitutions proposed by the Contractor, unless such substitutions are due to a design error by the CONSULTANT in which case such services shall be deemed Basic Services. Except when caused by a design error by the CONSULTANT, the cost of such services shall be borne by the Contractor, and this requirement shall be included in the construction contract. Boynton Beach Utilities-General Consulting Services C40 V.5 CLEAN FINAL Page 210 of 1256 1.4 CITY'S RESPONSIBILITIES 1.4.1 The CITY shall do the following in a timely manner so as not to delay the services of the CONSULTANT: 1.4.1.1 Designate in writing a person or persons to act as the CITY'S representative with respect to the services to be rendered under this Agreement. Such person(s) shall have complete authority to transmit instructions and receive information with respect to the CONSULTANT'S services for a particular project. The CITY may have multiple CITY Representative(s)or project managers during the performance of this AGREEMENT based on the specific task orders/written task orders from each of the Scope Categories. 1.4.1.2 Provide all criteria and full information as to the CITY'S requirements for the Project, including design objectives and constraints, spare, capacity and performance requirements, flexibility and expandability, and any budgetary limitations. 1.4.1.3 Assist the CONSULTANT by providing at the CONSULTANT'S request all available information pertinent to the Project including previous reports and any other data relative to design or construction of the project. 1.4.1.4 Furnish to the CONSULTANT, if required for the performance of CONSULTANT'S services (except where otherwise furnished by the CONSULTANT as Additional Services), the following: 1.4.1.5 Data prepared by, or services of others, including without limitations borings, probings and subsurface explorations, hydrographic surveys, laboratory tests and inspection of samples, materials and equipment; 1.4.1.6 Appropriate professional interpretations of all of the foregoing; 1.4.1.7 Environmental assessment and impact statements; 1.4.1.8 Property, boundary, easement, right-of-way, topographic and utility surveys; 1.4.1.9 Property descriptions; 1.4.1.10 Zoning, deed and other land use restrictions; 1.4.1.11 Approval and permits required in the CITY'S jurisdiction and those from outside agencies unless such approvals and permits are the responsibility of the CONSULTANT; and 1.4.1.12 Arrange for access to make all provisions for the CONSULTANT to enter upon the CITY'S property as required for the CONSULTANT to perform services under this Agreement. 1.4.1.13 Consistent with the professional standard of care and unless otherwise specifically provided herein, CONSULTANT shall be entitled to rely upon the accuracy of data and information provided by the CITY or others without independent review or evaluation. Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-1 I Page 211 of 1256 1® SEQUENCE OF EVENTS 1.5.1 Following receipt of any task order/written task order, the CONSULTANT shall submit to the CITY, at least five (5) days prior to actual commencement of services, a schedule of services and expenses for approval by the CITY before any services commence. The CITY reserves the right to make changes to the sequence as necessary to facilitate the services or to minimize any conflict with operations. 1.5.2 Task orders will be issued to the CONSULTANT in the order in which the CITY wishes, and shall be performed and completed in the order they are issued, unless otherwise specifically permitted by the CITY. Minor adjustments to the timetable for completion approved by the CITY in advance, in writing, shall not constitute non-performance by CONSULTANT pursuant to this Agreement. 1.5.3 Proposals received by CONSULTANT as a result of task order/written task order that exceeds $25,000 in cost will require approval from CITY Commission before execution of services in accordance with the CITY'S Procurement Administrative Policy. 1.5.4 When the CITY issues task orders to the CONSULTANT, each authorization shall contain a stated completion schedule. If caused by the negligent errors or omissions of CONSULTANT,failure of the CONSULTANT to meet the stated schedule shall constitute a default for which payment for services may be withheld until default is cured. Time extensions will be reviewed upon request for extenuating circumstances. 1.5.5 It is anticipated and intended that the CONSULTANT will be authorized to begin new task orders on a "rolling" basis, as some already assigned task orders near timely completion. If a subsequent Task Order is issued to the CONSULTANT before it has completed the current task order, the completion date for each Task Order will remain independent of each other so that the CONSULTANT will prioritize the uncompleted Task Order from the first Task Order and finish as soon as practical. Failure to complete the "older task orders in a timely manner, may adversely impact upon continued early authorization to start a subsequent work. 1.5.6 When the CONSULTANT has exceeded the stated completion date including any extension for extenuating circumstances which may have been granted, a written notice of Default will be issued within seven (7) days of the date that the default became active with a requirement of seven (7) days to cure said default, to the CONSULTANT and payment for services rendered shall be withheld until such time that the CITY has determined that default has been cured. 1.5.7 Should the CONSULTANT exceed the assigned completion time,the CITY reserves the right not to issue to the CONSULTANT any further task orders until such time as it is no longer in default, and the CONSULTANT has demonstrated to the CITY'S satisfaction, the reasons for tardy completion Boynton Beach Utilities-General Consulting Services C-1 2 V.5 CLEAN FINAL Page 212 of 1256 have been addressed and are not likely to be repeated in subsequent task orders. This restricted issuance provision may result in the CONSULTANT not being issued all of the planned work the CITY anticipated in this Agreement. The CONSULTANT shall have no right to the balance of any work, or to any compensation associated with these non-issued task orders due to the CONSULTANT being rendered in default. 1.5.8 Should the CONSULTANT remain in default for a period of fifteen (15) consecutive calendar days beyond the time frame provided in Paragraph 1.5.6 the CITY may at its sole option retain another CONSULTANT to perform any work arising out of this Agreement and/or terminate this Agreement. 1.6 DEFINITION OF DEFAULT 1.6.1. An event of default shall mean a material breach of this Agreement Without limiting the generality of the foregoing and in addition to those instances referred to as a material breach, an event of default shall include the following: ❖ CONSULTANT has not performed services on a timely basis due to CONSULTANT'S negligent errors or omissions; ••r CONSULTANT has refused or failed to supply enough properly skilled personnel; ❖ CONSULTANT has failed to make prompt payments to SUB- CONSULTANTS or supplier's for any services after receiving payment from the CITY for such services or supplies; ❖ CONSULTANT has failed to obtain the approval of the CITY where required by this Agreement; ❖ CONSULTANT has refused or failed to provide the services as defined in this Agreement; ❖ CONSULTANT has filed bankruptcy or any other such insolvency proceeding and the same is not discharged within ninety (90) days of such date. ❖ CITY has failed to make payments to CONSULTANT in accordance with the requirements of this Agreement 1.6.2 In the event of Default, the CONSULTANT shall be liable for all damages resulting from the Default including: ❖ The difference between the amount that has been paid to the CONSULTANT and the amount required to complete the CONSULTANT'S work, provided the fees by the firm replacing the CONSULTANT are reasonable and the hourly rates do not exceed the CONSULTANT'S rates. This amount shall also include procurement and administrative costs incurred by the CITY. In the event of default by the City, CONSULTANT may suspend the Work pending receipt of such payment. Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-1 3 Page 213 of 1256 1.6.3. The CITY may take advantage of each and every remedy specifically existing at law or in equity. Each and every remedy shall be in addition to every other remedy given or otherwise existing, and may be exercised from time to time and as often and in such order as may be deemed expedient by the CITY. The exercise or the beginning of the exercise of one remedy shall not be deemed to be a waiver of the right to exercise any other remedy. The CITY'S. rights and remedies as set forth in this Agreement are not exclusive and are in addition to any other rights and remedies available to the CITY in law or in equity. ARTICLE 2-TERM 2.1 The initial Contract period shall be for an initial two (2) years, commencing at the execution of the contract, and the City reserves the right to unilaterally renew the contract for three (3) additional one (1) year periods under the same terms, conditions. The CONSULTANT understands and acknowledges that the Services to be performed during the two (2) year term will be governed by this Agreement, and that there is no guarantee of future work being given to the CONSULTANT. 2.2 In the event that services are scheduled to and either by contract expiration or by termination by the CITY (at the CITY'S discretion), the CONSULTANT shall continue the services, if requested by the CITY, or until task or tasks is/are completed. At no time shall this transitional period extend more than one-hundred and eighty(180) calendar days beyond the expiration date of the existing contract. The CONSULTANT will be reimbursed for this service at the rate in effect when this transitional period clause was invoked by the CITY, ARTICLE 3 -TIME OF PERFORMANCE 3.1 Work under this Contract shall commence upon the giving of written notice by the CITY to the CONSULTANT by way of an executed task order and resultant task order. CONSULTANT shall perform all services and provide all work product required pursuant to this Contract and the specific task order by the Sequence of Events, or unless an extension of time is granted in writing by the CITY. ARTICLE 4- PAYMENT 4.1 The CONSULTANT shall be paid by the CITY for completed work and for services rendered under this agreement as follows: •3 Payment for the work provided by CONSULTANT shall be made in accordance with the Fee Schedule as provided in Exhibit"K attached hereto. ❖ Payment as provided in this Section shall be full compensation for work performed,services rendered and for all materials,supplies,equipment and incidentals necessary to complete the work. 4- Compensation for sub-CONSULTANTS will be negotiated based on each task order. Compensation will be through a direct mark-up in Boynton Beach Utilities-General Consulting Services C-11 4 V.5 CLEAN FINAL Page 214 of 1256 accordance with the Schedule of Professional Fees attached hereto. Sub-consulting services shall be approved by the CITY'S representative prior to performance of the sub-consulting work. Consulting time for processing and management of the sub- CONSULTANT shall not be included in direct costs as the direct mark- up is applied for management efforts. The CONSULTANT may submit vouchers to the CITY once per month during the progress of the Work for partial payment for project completed to date. Such vouchers will be verified by the CITY, and upon approval thereof, payment will be made to the CONSULTANT in the amount approved. ❖ In certain cases where incremental billing for partially completed Work is permitted by the CITY'S representative, the total incremental billings shall not exceed the percentage of estimated completion of identifiable deliverables; or accepted deliverables as of the billing date. ❖ Computation of Time Charges/Not-to-Exceed Method of Payment: When a service is to be compensated based on time charge/not-to- exceed method, the CONSULTANT shall submit a not-to-exceed proposal to the CITY'S representative for prior approval based on estimated labor hours and hourly rates which shall not exceed the established hourly rates as per the Schedule of Professional Fees attached hereto, plus sub-CONSULTANT services and other related costs supporting the proposed work. The CITY shall not be obligated to reimburse the CONSULTANT for costs incurred in excess of the total not-to-exceed cost amount. 4e Final payment of any balance due the CONSULTANT of the total contract price earned will be made promptly upon its ascertainment and verification by the CITY after the completion of the Work under this Agreement and its acceptance by the CITY, which shall occur no later than 30 days following receipt of the invoice. Final Invoice': In order for both parties herein to close their books and records, the CONSULTANT will clearly state "final invoice" on the CONSULTANT'S final/last billing to the CITY. The final invoice certifies that all services have been properly performed and all charges and costs have been invoiced to the CITY. Since this account will thereupon be closed, and any other further charges if not properly included on this invoice are considered waived by the CONSULTANT. ❖ The cost of all services as stated herein shall remain fixed and firm for the initial two (2) year period of the contract. Costs for subsequent years and any extension terms shall be subject to an adjustment only if increases incur in the industry. However, unless very unusual and significant changes have occurred in the industry, such increases shall not exceed 5% per year, or whichever is less, the latest yearly percentage increase in the All Urban Consumers Price Index {CPI-U) (National) as published by the Bureau of Labor Statistics, U.S. Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-15 Page 215 of 1256 Department Labor. The yearly increase, or decrease in the CPI shall be the latest index published and available ninety(90) days prior to the end of the contract year then in effect, compared to the index for the same month one (1) year prior. Any requested cost increase shall be fully documented and submitted to the CITY at least sixty (60) days prior to the contract anniversary date. Any approved cost adjustments shall become effective upon the anniversary date of the contract. In the event the CPI or industry costs decline, the CITY shall have the right to receive from the CONSULTANT, a reasonable reduction in costs that reflect such changes in the industry. ❖ The CITY may after examination, refuse to accept the adjusted costs if they are not properly documented, increases are considered to be excessive, or decreases are considered to be insufficient. In the event the CITY does not wish to accept the adjusted costs and the matter cannot be resolved to the satisfaction of the CITY, the Contract may be cancelled by the CITY upon giving thirty (30) calendar days written notice to the CONSULTANT ARTICLE 6-OWNERSHIP AND USE OF DOCUMENTS 5.1 Upon completion of the project and final payment to CONSULTANT, all documents, drawings, specifications and other materials produced by the CONSULTANT in connection with the services rendered under this Contract the documents shall be the property of the CITY whether the Project for which they are made is executed or not. Notwithstanding the foregoing, the CONSULTANT shall maintain the rights to reuse standard details and other design features on other projects. The CONSULTANT shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference and use in connection with CONSULTANT'S endeavors. Any use of the documents for purposes other than as originally intended by this Contract, without the written consent of CONSULTANT, shall be at the CITY'S sole risk and without liability to CONSULTANT and CONSULTANT'S sub-CONSULTANTS. ARTICLE 6 - FUNDING 6.1 This Contract shall remain in full force and effect only as long as the expenditures provided in the Contract have been appropriated by the City Commission of Boynton Beach in the annual budget for each fiscal year of this Contract, and is subject to termination based on lack of funding. ARTICLE 7 -WARRANTIES AND REPRESENTATIONS 7.1 CONSULTANT represents and warrants to the CITY that it is competent to engage in the scope of services contemplated under this Contract and that it will retain and assign qualified professionals to all assigned projects during the term of this Contract. CONSULTANT'S services shall meet a standard of care for professional engineering and related services equal to the standard of care for engineering professional practicing under similar conditions. In submitting its response to the RFQ, CONSULTANT has represented to CITY that certain individuals employed by CONSULTANT shall provide services to CITY pursuant to this Contract. CITY Boynton Beach Utilities-General Consulting Services C-16 V.5 CLEAN FINAL Page 216 of 1256 has relied upon such representations. Therefore, CONSULTANT shall not change the designated Project Manager for any project without the advance written approval of the CITY, which consent shall not be unreasonably withheld. ARTICLE 8 - COMPLIANCE WITH LAWS 8.1 CONSULTANT shall, in performing the services contemplated by this service Contract, faithfully observe and comply with all federal, state and local laws, ordinances and regulations that are applicable to the services to be rendered under this Contract,shall review and comply with laws, regulations, codes and standards in effect as of the date of this agreement that are applicable to CONSULTANT'S services and shall exercise professional care and judgment to comply with requirements imposed by governmental authorities having jurisdiction over the project. Should changes in any law, ordinance, or regulation result in increased costs or delays to services rendered, both parties agree to an equitable adjustment to schedules and prices. ARTICLE 9- INDEMNIFICATION 9.1 Subject to the limiting provisions of Florida Statute 725.08, CONSULTANT shall indemnify, and hold harmless the CITY, its offices, agents and employees, from and against any and all losses, or any portion thereof, including reasonable attorneys'fees and costs, arising from injury or death to persons, including injuries, sickness, disease or death to CONSULTANT'S own employees, or damage to property to the extent caused by negligence, recklessness, or intentionally wrongful conduct of CONSULTANT or other persons employed or utilized by CONSULTANT in performance of CONSULTANT'S duties. Neither party to this Contract shall be liable for any special, incidental, indirect or consequential damages of any kind, including but not limited to lost profits or use that my result from this Contract or out of the services or goods furnished hereunder. 9.2 To the greatest extent permitted pursuant to Section 725.06, Florida Statutes, CONSULTANT's indemnification obligation (when providing services to CITY) shall not exceed the value of CONSULTANT's total compensation. Such obligation shall not be construed to negate, abridge or otherwise reduce other rights or obligations of indemnity which would otherMse exist as to a party or person described in this Article. PURSUANT TO FLORIDA STATUTE, NO INDIVIDUAL DESIGN PROFESSIONAL EMPLOYED BY OR ACTING AS AN AGENT OF CONSULTANT MAY BE HELD INDIVIDUALLY LIABLE FOR DAMAGES RESULTING FROM THE NEGLIGENCE OCCURRING WITHIN THE COURSE AND SCOPE OF THIS PROFESSIONAL SERVICES AGREEMENT Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-17 Page 217 of 1256 ARTICLE 90- 10.1 0-10.1 During the performance of the services under this Contract, CONSULTANT shall maintain the following insurance policies, and provide certificates of insurance evidencing such coverages and limits, and shall be written by an insurance company authorized to do business in Florida. 10.1.1 Worker's Compensation Insurance: The CONSULTANT 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. CONSULTANT shall include the Worker's Compensation and Employees Liability Insurance requirements in its subcontracts. This coverage shall include Employers Liability with limits meeting all applicable state and federal laws. This coverage must extend to any sub- CONSULTANT that does not have their own Workers Compensation and Employer's Liability Insurance, unless not required by statute. The policy must contain a waiver of subrogation in favor of the CITY of Boynton Beach, executed by the insurance company. 10.1.2 Comprehensive General Liability: The CONSULTANT 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 9, "Indemnification" of this Contract. This policy shall provide coverage for death, personal injury or property damage that could arise directly or indirectly from CONSULTANT'S negligent performance of this Agreement. CONTRACTOR shall maintain a minimum coverage of $1,000,000 per occurrence and $1,000,000 aggregate for personal injury/ and $1,000.000 per occurrence/aggregate for property damage. The general liability insurance shall include the CITY as an additional insured and shall include a provision prohibiting cancellation of the policy upon thirty(30) days prior written notice to the CITY, except for cancellation due to non-payment of premium. 10.1.3 Business Automobile Liability: The CONSULTANT shall procure and maintain, for the life of this Contract, Business Automobile Liability Insurance. The CONSULTANT shall maintain a $1,000,000 combined single limit for bodily injury and property damage liability to protect the CONSULTANT from claims for damage for bodily and personal injury, including death, as well as from claims for property damage, which may arise from the ownership, use of maintenance of owned and non-owned automobile, included rented automobiles, whether such operations be by the CONSULTANT or by anyone directly or indirectly employed by the CONSULTANT. 10.1A 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 per claim/aggregate. Boynton Beach Utilities-General Consulting Services C-18 V.5 CLEAN FINAL Page 218 of 1256 10.2 It shall be the responsibility of the CONSULTANT to ensure that all sub- CONSULTANTS comply with the same insurance requirements referenced above. 10.3 In the judgment of the CITY, prevailing conditions warrant the provision by the CONSULTANT of additional liability insurance coverage or coverage which is different in kind, the CITY reserves the right to require the provision by CONSULTANT 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 CONSULTANT fail or refuse to satisfy the requirement of changed coverage within the thirty (30) days following the CITY'S written notice, the CITY, at its sole option, may terminate the Contract upon written notice to the CONSULTANT,said termination taking effect on the date that the required change in policy coverage would otherwise take effect. 10.4 CONSULTANT 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 if coverage is not otherwise renewed for Comprehensive Liability Insurance on a claims-made policy only. ARTICLE 11 - INDEPENDENT CONTRACTOR 11.1 The CONSULTANT and the CITY agree that the CONSULTANT is an independent CONSULTANT with respect to the services provided pursuant to this Contract. Nothing in this Contract shall be considered to create the relationship of employer and employee between the parties hereto. Neither CONSULTANT nor any employee of CONSULTANT shall be entitled to any benefits accorded CITY employees by virtue of the services provided under this Contract. The CITY shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to CONSULTANT, or any employee of CONSULTANT. 11.2 CONSULTANT acknowledges and understands that, as an independent CONSULTANT pursuant to this Agreement, CONSULTANT shall comply with Chapter 119, Florida Statutes, as amended (Public Records). CONSULTANT'S obligation includes, but is not limited to CONSULTANT'S obligation to preserve public records and make public records available to third parties in addition to the CITY. ARTICLE 12 COVENANT AGAINST CONTINGENT FEES 12.1 The CONSULTANT warrants that he has not employed or retained any company or person, other than a bonafide employee working solely for the CONSULTANT, to solicit or secure this Contract, and that he has not paid or agreed to pay any company or person, other than a bonafide employee working solely for the CONSULTANT, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from thea rd or making of this Contract. For breach or violation of this warranty, the CITY shall have the right to annul this Contract without liability or, in its discretion to deduct from the contract Boynton Beach Utilities-General Consulting Services C-19 V.5 CLEAN FINAL Page 219 of 1256 price or consideration, or otherwise recover, the full amount of. such fee, commission, percentage, brokerage fee, gift, or contingent fee. ARTICLE 13—TRUTH-IN-NEGOTIATION CERTIFICATE 13.1 Execution of this Contract by the CONSULTANT shall act as the execution of a truth-in-negotiation certificate certifying that the wage rates and costs used to determine the compensation provided for in this Contract is accurate, complete, and current as of the date of the Contract. 13.2 The said rates and cost shall be adjusted to exclude any significant sums should the CITY determine that the rates and costs were increased due to inaccurate, incomplete, or non-current wage rates or due to inaccurate representations of fees paid to outside CONSULTANTS. The City shall exercise its rights under this "Certificate"within one (1) year following payment. ARTICLE 14-SUBCONTRACTING 14.1 The CITY reserves the right to accept the use of a SUB-CONSULTANT or to reject the selection of a particular sub-CONSULTANT and to inspect all facilities of any SUB-CONSULTANTS in order to make a determination as to the capability of the SUB-CONSULTANT to perform properly under this contract. The CONSULTANT is encouraged to seek local vendors for participation in subcontracting opportunities. If the CONSULTANT uses any sub CONSULTANTS on this project the following provisions of this Article shall apply: 14.2 If a SUB-CONSULTANT fails to perform or make progress, as required by this Contract, and it is necessary to replace the SUB-CONSULTANT to complete the work in a timely fashion, the CONSULTANT shall promptly do so, subject to acceptance of the new SUB-CONSULTANT by the CITY. The substitution of a subcontractor shall not be adequate cause to excuse a delay in the performance any portion of this contract as set forth in the Scope of Work. 14.3 The CONSULTANT, its SUB-CONSULTANTS, agents, servants, or employees agree to be bound by the Terms and Conditions of this Contract and it's agreement with the SUB-CONSULTANT for work to be performed for the City the CONSULTANT must incorporate the terms of this contract. ARTICLE 15 -DISCRIMINATION PROHIBITED 15.1 The CONSULTANT, with regard to the work performed by it under this Contract, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. ARTICLE IS -ASSIGNMENT 16.1 The CONSULTANT shall not sublet or assign any of the services covered by this Contract without the express written consent of the CITY. Boynton Beach Utilities-General Consulting Services C-20 V.5 CLEAN FINAL Page 220 of 1256 ARTICLE 17 - NON-WAIVER 17.1 A waiver by either CITY or CONSULTANT of any breach of this Contract shall not be binding upon the waiving party unless such waiver is in writing. In the event of a written waiver, such a waiver shall not affect the waiving party's rights with respect to any other or further breach. The making or acceptance of a payment by either party with knowledge of the existence of a default or breach shall not operate or be construed to operate as a waiver of any subsequent default or breach. ARTICLE 18—TERMINATION 18.1 Termination for Convenience: This Contract may be terminated by the CITY for convenience, upon ten (10) days of written notice by the terminating party to the other party for such termination in which event the CONSULTANT shall be paid its compensation for services performed to termination date, including services reasonably related to termination. In the event that the CONSULTANT abandons the Contract or causes it to be terminated, CONSULTANT shall indemnify the CITY against loss pertaining to this termination. 18.2 Termination for Default: In addition to all other remedies available to the CITY,this Contract shall be subject to cancellation by the CITY for cause, should the CONSULTANT neglect or fail to perform or observe any of the material terms, provisions, conditions, or requirements herein contained, if such neglect or failure continue for a period of thirty (30) days after receipt by CONSULTANT of written notice of such neglect or failure. In the event of non-payment of other material breach of this Contract by CITY, the Contract is subject to cancellation by CONSULTANT should such condition continue for a period of thirty(30) days after receipt by CITY of written notice of breach. ARTICLE 19—DISPUTES AND VENUE 19.1 Any dispute arising out of the terms or conditions of this Contract shall be adjudicated within the courts of Florida. Further, this Contract shall be construed under Florida Law. Claims, disputes or other matters in question between the parties to this Contract arising out of or relating to this Contract shall be in a court of law. The CITY does not consent to mediation or arbitration for any matter connected to this Contract. The parties agree that any action arising out of this Contract shall take place in Palm Beach County, Florida. ARTICLE 20—UNCONTROLLABLE FORCES 20.1 Neither the CITY nor CONSULTANT shall be considered to be in default of this Contract if delays in or failure of performance shall be due to Uncontrollable Forces, the effect of which, by the exercise of reasonable diligence, the non- performing party could not avoid. The term "Uncontrollable Forces" shall mean any event which results in the prevention or delay of performance by a party of its obligations under this Contract and which is beyond the reasonable control of the non-performing party. It includes, but is not limited to fire, flood, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage, and Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-21 Page 221 of 1256 governmental actions. In such circumstances, parties agree to an equitable adjustment of schedules and prices. 20.2 Neither party shall, however, be excused from performance if non-performance is due to forces which are preventable, removable, or remediable,and which the non- performing party could have,with the exercise of reasonable diligence, prevented, removed, or remedied with reasonable dispatch. The non-performing party shall, within a reasonable time of being prevented or delayed from performance by an uncontrollable force, give written notice to the other party describing the circumstances and uncontrollable forces preventing continued performance of the obligations of this Contract. ARTICLE 21 —CITY-PROVIDED INFORMATION AND SERVICES 21.1 CITY shall furnish CONSULTANT available studies, reports and other data pertinent to CONSULTANT'S services; obtain or authorize CONSULTANT to obtain or provide additional reports and data as required;furnish to CONSULTANT services of others required for the performance of CONSULTANT'S services hereunder, and CONSULTANT shall be entitled to use and rely upon all such information and services provided by CITY or others in performing CONSULTANT'S services under this Agreement. ARTICLE 22—ESTIMATES AN PROJECTIONS 22.1 In providing opinions of cost, financial analyses, economic feasibility projections, and schedules for potential projects, CONSULTANT has no control over cost or price of labor and material; unknown or latent conditions of existing equipment or structures that may affect operation and maintenance costs; competitive bidding procedures and market conditions; time or quality of performance of third parties; quality, type, management, or direction of operating personnel; and other economic and operational factors that may materially affect the ultimate project cost or schedule.Therefore,CONSULTANT makes no warranty that CITY'S actual project costs, financial aspects, economic feasibility, or schedules will not vary from CONSULTANT'S opinions, analyses, projections, or estimates. ARTICLE 23—THIRD PARTIES 23.1 The services to be performed by CONSULTANT are intended solely for the benefit of CITY. No person or entity not a signatory to this Agreement shall be entitled to rely on CONSULTANT'S performance of its services hereunder, and no right to assert a claim against CONSULTANT by assignment of indemnity rights or otherwise shall accrue to a third party as a result of this Agreement or the performance of CONSULTANT'S services hereunder. Boynton Beach Utilities-General Consulting Services C-22 V.5 CLEAN MNAL Page 222 of 1256 ARTICLE 24-NOTICES 24.1 All notices required in this Contract shall be sent to the CITY and shall be mailed to: Copy to-. Attn. Utilities Director City of Boynton Beach 124 E.Woolbright Road Attn: Procurement Services ,Boynton each, FL 33435 P.O. Box 310 Boynton each, FL 33425 And Notices to CONSULTANT, shall be sent to the following address: GLOBALTECLI, INC. Attn: Rick Olson 6001 Broken Sound , Suite 610 Boca Raton, FL 33487 ARTICLE 26 ml AGREEMENT 25.1 This Contract, together with the RFQ/RFP and any addenda and/or attachments, represents the entire and integrated agreement between the CITY and the CONSULTANT and supersedes all prior negotiations, representations, or agreements written or oral. This Contract may be amended only by written instrument signed by both CITY and CONSULTANT. 25.2 In the event of a conflict between a provision of this Agreement and a provision of an individual Task Order, the provision of the Task Order will control. ARTICLE 26-SOVEREIGN IMMUNITY 26.1 CITY is a political subdivision of the State of Florida and enjoys sovereign immunity. Nothing in the Agreement is intended, nor shall be construed or interpreted, to waive or modify the immunities and limitations on liability provided for in Section 768.28, Florida Statute, as may be emended from time to time, or any successor statute thereof. To the contrary, all terms and provisions contained in the Contract, or any disagreement or dispute concerning it, shall be construed or resolved so as to insure CITY of the limitation from liability provided to any successor statute thereof. To the contrary, all terms and provision contained in the Contract, or any disagreement or dispute concerning it, shall be construed or resolved so as to insure CITY of the limitation from liability provided to the State's subdivisions by state law. 26.2 In connection with any litigation or other proceeding arising out of the Contract,the prevailing party shall be entitled to recover its own costs and attorney fees through and including any appeals and any post judgment proceedings. CITY'S liability for costs and attorney's fees, however, shall not after or waive CITY'S entitlement to sovereign immunity, or extend CITY'S liability beyond the limits established in Section 768.28, Florida Statutes, as amended. Boynton Beach Utilities-General Consulting Services C-23 V.5 MEAN FINAL Page 223 of 1256 ARTICLE 27—PUBLIC RECORDS 27.1 The City is public agency subject to Chapter 119, Florida Statutes. The CONSULTANT shall comply with Florida's Public Records Law. Specifically, the Contractor shall: A. Keep and maintain public records required by the CITY to perform the service; B. Upon request from the CITY'S custodian of public records, provide the CITY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in chapter 119,Fla. Stat. or as otherwise provided by law; C. Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and, following completion of the contract, Contractor shall destroy all copies of such confidential and exempt records remaining in its possession once the Contractor transfers the records in its possession to the CITY; and D. Upon completion of the contract, Contractor shall transfer to the CITY, at no cost to the CITY,all public records in Contractor's possession All records stored electronically by Contractor must be provided to the CITY, upon request from the CITY'S custodian of public records, in a format that is compatible with the information technology systems of the CITY. E. IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUES9 TO THE CONTRACTOWS DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: (CITY CLERK) P.O. BOX 310 BOYNTON BEAM FLORIDA� 33425 561-742-6061. PYLEjABBFL.US Boynton Beach Utilities-General Consulting Services C-24 V.5 CLEAN FINAL Page 224 of 1256 THE PARTIES HAVE EVALUATED THE RESPECTIVES AND REMEDIES UNDER THIS AGREEMENT AND AGREE TO ALLOCATESRESTRICT THE REMEDIES TO REFLECT THAT EVALUATION. I S TO RESTRICTITS REMEDIES UNDER THIS AGREEMENT AST CONSULTANT, ITS PARENTS, AFFILIATES AND SUBSIDIARIES, AND THEIR RESPECTIVEDIRECTORS, OFFICERS, SHAREHOLDERS AND EMPLOYEES, ("CTANT'S COVERED PARTIES'), SO THAT THE TOTAL AGGREGATE LIABILITY OF THE CONSULTANT'S COVERED PARTIES SHALL NOT EXCEED THE VALUEF CONSULTANT'S SERVICES UNDER THE ASSIGNED TASK ORDER. THIS RESTRICTION OF REMEDIES SHALL APPLY TO ALL SUITS, CLAIMS, ACTIONS, LOSSES, COSTS (INCLUDING ATTORNEY FEES)AND DAMAGES OF ANY NATURE ARISINGFROM OR RELATEDI AGREEMENT WITHOUT REGARD TO THE LEGAL THEORY UNDER WHICHSUCH LIABILITY IS IMPOSED. CLAIMS U T WITHIN ONE CALENDAR YEAR FROM PERFORMANCE OF THE SERVICES UNLESS A LONGER IS REQUIRED BY LAW. IN WITNESS WHEREOF, the parties hereto havec this Contract in multiple copies, each of whichI be consideredoriginal on thefollowing s: DATED this day of , 20 CITY OF BOYNTON BEACH City ttest/Autntictd: Title (Corporate Seal) City r Approved as to Form: Attest/Authenticated: Office of the i tion Secretary Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL Page 225 of 1256 EXHIBIT " FIRM: RATE SHEET to (tech In-c ATE; 5L16/ 8 Perso reel Classifications Hourly ate Principal $220.003 Project Manager $210.00 Senior Engineer $190.00 Process Engineer $150.00 Sr. Electrical Erg. $185M_ Elec. Eng. $150.00 Process Control/Inst. Eng. $185.00 Sr. Mechanical Engineer $190800 Mechanical Engineer $150.00 Engineer $160.00 Designer $160®00 GIS Specialist C DD/Technician $110.00 Public Relations Specialist - Construction Inspector $150.00 Sr. Rate Analyst - Clerical/ dministrative $65.00 u consultant Markup .2 ReimbursableEKULnses. Direct costs such as postage, prints,delivery service will be billed at cost. Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL Page 226 of 1256 EXMBIT "B" City of Boynton Beach is Management Department INSURANCE ADVISORY FORM Under the terms and conditions of all contacts,leases,and agreemen%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"B4" or higher. (VOTE: An insurance contract or binder may be accepted as proof of insurance if Certificate is provided upon selection of vendor.) The following is a Est 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) IEWTS�U]�RED General Liability General Aggregate $1,000,000.00 Commercial General Liability Products-Comp/Op Agg. $1,000,000.00 Owners&Contractor's Protective(OCP) Personal&Adv.Injury $ 1,000,000.00 Liquor Liability Each Occurrence $1,000,000.00 Professional Liability Fite Damage(any one fire) $ 50,000-00 Employees&Officers Med.Expense(any one person) 5,000.00 Pollution Liability Asbestos Abatement Lead Abatement Broad Form Vendors Premises Operations Underground Explosion&Collapse Products Completed Operations Contractual Independent Contractors Broad Form Property Damage Fire Legal Liability Automobile Liability Combined Single Limit $ 500,000.00 Any Auto Bodily Injury(per person) to be determined All Owned Autos Bodily Injury(per accident) to be determined Scheduled Autos Property Damage to be determined Hired Autos Trailer Interchange $ 50,000.00 Non-Owned Autos PIP Basic Intermodal —---------- —--—------ ...... Garage Liability Auto Only,Each Accident $1,000,000.00 Any Auto Other Than Auto Only $ 100,000.00 Garage Keepers Liability Each Accident $1,000,000.00 Aggregate $1,000,000.00 —------—----—----—-——--—-----------——-------_­,-----—­­--——------— Excess Liability Each Occurrence to be determined Umbrella Form Aggregate to be determined Workees Compensation Statutory Limits Employees Liability Each Accident $ 100,000.00 Disease,Policy Limit $ 500,000,00 Disease Each Employee $ 100,000.00 Property Homeowners Revocable Permit $ 300,000.00 Buildees Risk Limits based on Project Cost —---------- Other- As Risk Identified to be determined ----------- Boynton Beach Utilities-General Consulting Services C-27 V.5 CIEAN FINAL Page 227 of 1256 EXHIBIT "C"' PERFORMANCE EVALUATION FORM CONSULTING ENGINEERS r....................... Name of Finn Office I scatmons ont,Onthner ]:::��(C�heck O� Fl i ne) � El ann :1 ! I� i: �:I� :� �i i�m--- 0 Desilpiffingfiieering Services/Pnliminary Bid Document 0 Final Doc ument/Biddi ,Cont for Award 1] Constniction Phase/Completion CONSTRUMON CONTRACT DATas lin ' ear's estimnat . A Final Cost: h.Subst tial ;ons ction Co lets:�mn late. ca Find Constraaction Cc letion lutea :6:. erall I atirmg�(Ch�eck0n�e) —F– ins—aisfactory 0 Poor [I Fair 0 Good D Excellent ;7 R� ,;�7i�iled 11,uture ts' Con' es rov tail �otlEie i'de�dd�elrana�tion on�a se a to sheet of a era 1, Na ' me title, d ccolmlin offour e, -UtilwesDfivolor Si . ffi C'f f 9. Si acre u� of tin alicer. Boynton Beach Utilities-General Consulting Services C-28 V.5 CLEAN FINAL Page 228 of 1256 cc s' PERFORMANCE EVALUATION FORM CONSULTING ENGINEERS (CONTINUED) DESIGNIENGINEERING SERVICES AND PRELIMINARY BID DOCUMENT PREPARTION PHASE Rate numerically I to 5 with 5 being the highest score NIA 1® Thorough site investigation 1 2 3 4 2. Meeting cost limitations 1 2 3 4 5 Des!gn/results suitability 4. Cooperative & responsive 1 5. Timeliness of submissions 1 12 3 4 5 6. *Plans clear/detailed 1 2 3 4 5 7. *Plan/spec accuracy 1 *Preliminary administrative/limited staff review/evaluation of levels of clarity, accuracy, and coordination between disciplines. R—ame and title of tin icer ifitles it ct r Signature of rating officer: FINAL DOCUMENT PREPARATION, BID, &AWARD BY CONSULTANT Rate numerically I to 6 with 5 being the high st score N/A I Specs or corqpejR!qg 1 1 2 3 4 5 1 1 2. Specs eLmplete/thorough 1 2 3 4 5 3. Accuragy of documents 1 2 3 4 5 �rem2nts within 1 2 3 4 5 5. G2o2ptrafivq attitude 6. Timeliness of submissions 1 2 3 4 5 7. Pre-bid confer cparticipation 1 2 3 8. Response to in iris 9. Bid evaluation guali!y/timefiness 1 2 3 4 5 10. Response to �uildi er iii agencies 1 2 3 14 11® Addendum preparation 1 12 13 4 5 [Narne and tide 'I" off e of ra icer e, , Utiffias Director ', Si nature of ratin officer: Boynton Beach Utilities-General Consulting Services C-29 V.5 CLEAN FINAL Page 229 of 1256 EXHIBIT "C" PERFORMANCE EVALUATION FORM CONSULTING ENGINEERS (CONTINUED) CONSTRUCTION PHASE COMPLETION Rate numerically I to 5 with 5 being the lohest score NIA 1 Drawings Reflect True Conditions 1 2 13ri 4 15 2. Plans/ ccrt print 1 34 5 in Constructability 1 2 3 4 4. Timeliness/Quality of-Process!ni I 1 2 3 4 5---------- 5. Pri I cti it i[' 6. Field Consultation and Inv i do 12 3 4 5 7. Qual4 of is 13 4 5 8. Overall Construction Contract Administration 1 2 3 4 5 9. Prpi-qct Closeout Documentation Review 1 2 3 5 10. li l im for Extra Costs 1 2 3 4 5 11. Did Consultant provide sufficient copies of signed plans to allow for timely review and approval by all 1 2 3 4 5 Permifting.Agencies? -- 12. Did the Consultant actively participate in overcoming problems with the Contractor, Building 1 2 3 4 5 Officials and/or Re-ulatory,Agencies? — 13. Change Order Processing (Accuracy, Timeliness, 1 2 3 4 5 Documentation, etcl............. — 14. Did the Consultant exercise adequateleffecting coordination and control of subcon sultant(s) or 1 2 3 4 5 assoclate(s)work and paperwork? -15—. P roaciv e-farticip 3n in Resolution oi =3 4 ( Name and title of ratin officer e. . Utilities Director , Boynton Beach Utilities-General Consulting Services C-30 V.5 CLEAN FWAL Page 230 of 1256 EXHIBIT SACIF PERFORMANCE EVALUATION FORM CONSULTING ENGINEERS (continued) PLANNINGISTUDY ACTIVITY, REPORT, OTHER Rate numerically I to 5 with 5 being the ighest score NIA 71—. Ef�—horinvestigation of situation oractivity 1 1 2 3 4 5 Cooperative attitude 1 2 3 4 5 3. Timeliness of submissions 11 2 3 4 5 4. i ��documents 1 2 3 4 5 5. Did the Consultant offer cost savina solutions? 1 2 3 4 5 6. Did the Consultant actively participate in problem 1 2 3 4 5 solvinq? 7. Overall results 1 2 3 4 ===r Boynton Beach Utilities-General Consulting Services C-31 V.5 CLEAN FINAL Page 231 0 1256 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SE VICEDEPARTMENT 3301 Quantum Blvd. Suite 101 P.O. 190645 OY EACH310, FLORIDAFL33425-0310 DATE: 01/03/19 VENDOR 8623 SHIP TO: TO: RANGELINE TAPPING SERVICES INC City of Boynton Beach P.O. BOX 210155 EAST UTILITY ADMIN ROYAL PALM BEACH, FL 33421 124 E. WOOLIGHT ROAD BOYNTON BEACH, FL 33435 REQUISITION O. 72883 ORDERING DEPARTMENT; UT L/W. DIST/MC � �' I� DATE NEEDED: BID NO: COMMISSION APPROVED: : EXTENDED LINE## QUANTITY UOM ITEM NO. D DESCRIPTION IT COST COST _. 1.. 00 6" TEAM VALVE 11000 .0000 11000 . 00 INSERTION-CIP-WM-OD: 7.10 REMARKS CONFIRMING PURCHASE ORDER INV.O='E '.#PL EMERGENCY :Gds T2A:- MAIN BREAK PROCUREMENT ENT SER ICES: P.O. TOTAL: 11000 . 00 ACCOUNT NO. PROJECT 401-2810-536.46-47 PURCHASING Page 232 of 1256 H H 1 r n 0 W I N � t N H r 1 I I O G N I i W k] 1 r 00 0 H H I I o 4mY 1 1 � ~f or I Q I I I I P4 WI , � , r 1 H s-1 I I W , , Q 1 I 1 1 I I I I t , iJ 1 1 Zj 1 I H I I H I 1 1n w 1 1 U r 1 a Q H QE I O O O H NO O O j oW® pq U) v 1 O O I W I O O 1 H H x z ri rl I BC HBa t 1 W C�-r NN i o •• , M 7.. HU] 1 O r co H Ui 0 H i0 N H I 0 I H p c W I o 1 N O w 0 z I y� 0 < 1 --4 H 4 o r H 1 U} O M i � i 0: W Gy N I H 1 H 0m � ; � w7 z v' 1 Qm I 0 OH P4 Z Hi o iz W Ae H H I I H HX fx E I H I U] W 0 I I W a D,rr4 W l I E H W WO > r z V I I H Q I I W W ul U1 E 1 1 0 H 1 1 V �m W i i U 0 pi 0< I I V Go H P4 ul P4 U3 H r 1 to Ol 1 1 H o i UW t�HOH 1 4J OE+H i Hr's. HH04 z H pd E H yt 1 H H 1 H f6 g H H I C] H 0r7 W C4' % 3 1 NEE 1 Fl E�ryyr I a I td 9 i W I �m� N I H O a 1 LD I UH 1 cV W H 0 i .. .. i N 0 W O Ni >H° i 600 O U H 0 H I ®0 1 U A W en CSS i N ps i V o 0 O d1 O rd Ol q I to U i H -H W w w w CQ HM t r H @ a z 1 a W dl 1 I Page 233 of 1256 CITY OF BOYNTON BEACH REQUEST FOR PURCHASE OVER 000 9 4 27-Dec-18 Requesting Department: Utilities r i Explanation . Confirming for a 6" main break behind 571 W. Ocean Dr. on the west side of CSX railroad, emergency.an nded Vendor RangelineServices, nt of Purchase $11,000.00 Source for Purchase (check and attach backup materials): Three Written Quotations GSA State Contract PRIDE/RESPECT SNAPS Sole Source Piggy-Back Budgeted Item 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: 401-2810-536-46-47 Department Head Date2- Purchasing t Date Asst City Manager Date City r Date r Form Revised 02/01102 Page 234 of 1256 H.T.E. REQUEST FOR REQUISITION H.T.E.ENTRY DATE: 12127/2018 TI 72883 Clerk: MC Procurement Asst: Director: City Manager(nen budgeted L.ca ' 1and/or$5000+): REASON FOR PURCHASE: Confirming for a 6"main break behind 571 W, Ocean Dr. on the west side of CSX railroad, was an emergency. VENDOR INFORMATION, 11 1 . OTHER INFORMATION: Name: Rangeline"Tapping Services, Inc. Admin. r ( } ate; 12/2712016 ASAP Address: PO Box 210155 Engineering E _ Date Needed: 0111012019 Confirm. Royal Palm Beach, FL 33421 Gust. i. ASAP/Conf. ( } Distribution E BACKUP DOCS. DELIVER SUBMITTED: Phone(contact): (600) 6-5971 Water Qual. QuotesNerbal ( } E.Admin. 40 (X)_ _ oV-er 500) _ Pumping ( Quotes/Written ( E. WTP 41 ( ) (over $2000) Vendor Number 8623 PWTreat, Bid Does. ( ) W.WTP 42 { ) Meter Serv. ( ) Sole Source Ltr. ( ) P1U 99 ( ) INITIATOR: r i i I Sewage ( } Insurance ( )` penial Instructions: -Oper il.Wner""_ Requirements! trr .r. ( ) Project Number: uan. Unit Price e cri tion P rt urrg r Fund Dept alio Elern _PbL Amount 1 $11000,00 6"`Ceara Valve Insertion- IP- -01 :7.10 401 2810 536 46 411000.00 Page 235 of 1256 RANGELINE Invoice Rangeline Tapping Services, Inc. INVOICE DATE INVOICE# P.O.Box 210155 12/21/2018 F1,-258536-1 Royal Palm Beach, FL 33421 Ph 1-800-346-5971 Fax 561-798-2113 Chy of Boynton each .0. NO. 124 L Woolbright Rd. Boynton Beach,FL 33435 Emergency TERMS DUE DATE Sales Rep JOB NAME Technician Net 30 1/20/2019 MM Emergency Bull Dog Fence CB F— ITEM QUANTITY DESCRIPTION RATE AMOUNT Date of Service: 12/1912018 6V I W"Feam Valve Insertion-CIP-WM-OD.7.10 11,000.00 11,000.00 ***Emailed invoice&work order 12/21/2018 to rningob@bbfl.us*** Ljo I-2-Y1 )2 I Thank You For Your Business. Total $I 1,000m E-mail Web Site Payments/Credits $0.00 rangeline@rangeline.com www,mugeline.com Balance Due $11,000.00 Page 236 of 1256 The City ofBoynton Beach DEPA-RIMENT 124 E. W00IR-RICr= ROAD BO YAPI"01V BEA CLF, PLORIDA 33435 OFFICE.• (561) 742- Dec ber 42-December 22,2018 Water Distribution discovered a 6"water main break behind 571 W. Ocean Dr. on the west side of CSX railroad. The water main break was deemed an emergency due to its proximity to the railroad. Rangeline Tapping Services Inc. was contacted to install a 6" team valve insertion to assist in the repair. Funds from account#401-2810-536-46-47 should be used for attached invoice. Tremain Johnson Manager, Utilities Field Operations A MERICAS GATE WA Y TO TUE G ULPRMEAM Page 237 of 1256 PURCHASE ORDER CITY OF BOYNTON FLORIDA BEACH, PROCUREMENT SERVICES DEPARTMENT 3301 Quantum Blvd. Suite 101 P.O. 190646 Y P.O. H, FLORBOX IDA A 33425-0310 DATE: 01/03/19 VENDOR 8462 SHIP TO: TO: BENNETT FIRE PRODUCTS COMPANY City of Boynton Beach 195 STOCKWOOD DRIVE FIRE STATION NO. 5 STE 170 2080 HIGH RIDGE ROAD P.O. SOX 2458 BO ONBEACH, L 33426 WOODSTOCK, GA 30188 REQUISITION NO, 72858 ORD RNG DEPARTMENT: OUIDA/ FIRE r � i DATE NEEDED: RID NO: COMMISSION APPROVED: EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST 1 6.00 EA GLOBE GXTREME 3 . 0 JACKET PER B FR 1242 .0000 7452 .00 SPECIFICATIONS VENDOR ITEM NO. - GXTREME JACKETS 2 6. 00 RA GLOBE INTERNAL HAMS 2ADY >>. 1049.0000 6294. 00 TROUSERS WITH EMERFTCY ESCAPE BErT FER BBF& SPDSG�1a'�CA'I`ION,S "� VENDOR- ITEM NO. - GLOBE TROUSERS BL ' REMARKS GFAR FOR ::NEW FIREFIGHTERS ,PIGGYBACK LAKE' COINTY CONTRACT ##17=0606 PROCUREMENT SERVICES: .0. TOTAL: 13746. 00 ACCOUNT NO. PROJECT 001-2220-522.52-23 PURCHASING Page 238 of 1256 co 61 1 E� I H ri 1 a 04 1 W I 0 r. W 1 q 1 H ri 1 H W H 1 U ul I N ra H H I F1 O i ®n m v q R W H i h tNo M S+ O 1 W W q i H O 1 I SC ra 1 W 1 C7 C7 1 ! I H 1 I a r � 1 1 p 1 f I I 1 1 � I 1 I 1 1 PI 1 r 1 I b 1 Cl 0 U pEa 1 0 O O I O O z W 1 O 0 D I p W® ! 1 0 H HU W 1 0 0 0 U x 1 Ln m �r I H H v N r- 1 q I h l0 M I 0 YI I i I PI 1 1 1 I W I 1 co H H UI 1 0 0 Ln die no 10 0 1 0 OD U I O 0 Ei 1 t- D: E 1 N � H 1 H }, o W W 1 10 I H o i rN-i p R+ ca 0 U W 1 H I 0 H W 1 H I U1 E& 1 H I H W N I I Psi GTI W a 4® W I H W H w z r KC 1 0 U W W 14 z a i �T4O 6 0 o iz a H C4 W 1 1 W H V] 940,r@ 0 O I I W cx P4 14 a > I z y U m I 1 Da W 1 z 1 GZ IU] H 1 G? 0 1 0 H U E� Cary i O dH UE-1 z p7� 04 [9 + E-1 t� 1 U 04 v]W ril r U W 1 Qi W P1 H I H H I H H U] I W U 1 H 1 Wy U101]r"+ I NMNWti. W I V1 D3 WPSW 1 P4 04 1 mm N Cxr m m I P4 H PIH 4J 1 14 W bW W 1 :3.4'0m U U 1 Nx -lu OW'>IU I u]Eer]E Id W i MIA HP4Wg I U®U' A � NP WWPG I zUZU G In 1 P44W y4w4W 1 H H O z 1 wcv m gPC]m HNEi94> U MW 0 1 WJ S+ 1�W�C I-�W� 1 �W 444 >4 ra{ H I EPyE W.wmE I r4NMN 43 H E-1 1 WHW MHW 1 P44PI4 L: fw H i UWP U)Ww4 OwOu] 0 I ►9?F�� ,7.I lcgE� 1 V O 4 m O w 1 "'W H a>4 W H I <n IPS U] a I WWD4Iz�UV]W 1 N N m 0 z 1 W .. .. Pd W .. .. i n n W 4 H b l Pd�H Wig,>ln 1 HO 0 U b Z Eryy+ H I �+H{0 E-IP4H O I Z�I I cd U 0H f,J AI 1 C:Sni ZHiE q 1 P0N N V v 0 4J ro H O H I 00 W O O U-1 H rd ri >, H I1 0 1 pqx upqq pq `L°�U1 1 V 0 O �.I U r[ 0 O u 1 M U M � RC a O O 0) l.Z l s°7 h W I dUP!] laHUM 1 E+ mto 4. Ol W III p i CJ C7 3 V] d1 W F. U H W 1 I (s] H W 0.11 N rd m z w I r-I N I Z ri N �D [d 1 U P4 rA HM I I H Or N r—H m —1 .7 Ta 1 1 W r-I r-r H w ;j =w 04 w 0 Page 239 of 1256 CITY OF BOYNTON BEACH REQUEST FOR PURCHASE OVER $10P000 12/31/2018 Requesting Department: Fire Rescue Contact Person: i t Chief Davidson Explanation rPurchase: PO to purchase gear(pants and jackets) for our new firefighters. c� mended Vendor Bennett Fire Products Doll r Amount of Purchase 7rc materials): T e ri t n Quotations tete Contract PRIDEIRESPECT SNAPS ole Source Piggy-Back Budgeted Item Emergency Purchase Other ContractNumber: 17- TE: Pricing proposal for purchase must be presented in the sears detail contained vWthin the contract. Fund Source r Purchasm.. Using un 1-2210-522-52-23 to. Purchasing t .._ Date Asst City Manager Date itn er to O .�n Forms ReAsed 02!01#0 Page 240 of 1256 E Quotation Bennett FIre Products Co.,Inc. Rmho"CIS110.1ac. www.BoanaftFireProdueft.com December 26,2018 Boynton Beach Fire Rescue 2080 High Ridge Road Boynton Beach,FL 33426 This price quote is valid and order must be received at Globe by December 31, 2018. Discount in reference to Lake County, FL Contract 17-0606, expires June 30, 2019, 42% filom mang9fiff dump's current 2018 r' far Globe Fjmw&vIGxceL Globe price List dated 3/1/I 8 is in effect at time of Lake County Contract/quotation. Contract may be viewed in its entirety at wwwAkiecountrAg-ov. Tofind information regarding this eon&&d,jbUow the hts&ucdons below. Globe G 3.0 Jacket per BBFR specifications Retail Price-$2,389.45 Lake County Contract Discount-42%- $1,385.88 Boynton Beach Volume Discount Price-$1,242.00 each 6 @$.1,242 00=S 7,452.00 Globe Internal Harness Ready Trousers with emergency escape belt per BBFR specifications Retail Price-$2,017.35 Lake County Contract Discount-42%-$1,170.06 Boynton Beach Volume DiscountPrice-$1,049.00 each $6,294.00 Total-$13,746.00 FOB Boynton Beach,FL Prices include shipping charges Delivery: 60-75 days after receipt of order Terms: net 30 days Page 241 of 1256 Thanks for giving us the opportunity to serve you! Bob Reardon,Emdon7575@on.net , 561/644-5722 Instructions for downloading Lake County/Bennett Fire Products Company contract information:Visit the website 3yww.1akecount ov. 1. View the left hand column,click on"Doing Business with Lake County". 2.View the left hand column, click on"View Term and Supplier Agreements".3. Under the Search for Contracts space,type Bennett Fire 4. Contract 17-0606 will appear and the full contract or parts can be downloaded. If you have trouble finding the infonnation you need regarding this contract,or if you need additional information,please contact Danny Bennett at bennettfire&tt.net or 770/402-9910, Page 242 of 1256 i i. 3 t s� n t wry:' a Globe Price ATHLETIC GEAR FOR FIREFIGHTERS.r Teh 800-232-8323 or =,a www.GlobeTumoLifGearcomlinfo@giobefirmuifs.com Ther ANY 1H 18 RT 3/1/1 Page 243 of 1256 1HTM READY & LH PANTS OVERSIZE CHARGE-ADD 30%FOR SIZE 60+ Your choice of internal Class 2 Seat Harnesses or a Personal Escape Belt certified to NFPA 1983(Life Safety Rope and Equipment).Harnesses feature our patented floating leg loop system.Leg loops stay down out of your business except when you load the harness,pulling them up into the correct seat position and equalizing the load.Leg loops are hardware-free so there's nothing to dig into your legs.Made from KEVLAR(E,these harnesses meet NFPA 1971 (Structural Fire Fighting)requirements when installed in the pants.Not ready to upgrade to an internal harness?Add it later without alteration. 91 OUTER SHELLS JHJ IN- ILI LH BRILLIANCEM PANT PANT & 07 :BRIGADE'm 750(aka NOMEXO) 71313TRIM SCOTCHLITETm SCOTCHLITETIM BRILLIANCE®SCOTCHLITETm .00 555.00 InpleTrim /STPJPE Comfort Trim 12 GEMINf-XT W1 MATRIX-GOLD 994.00 8 T8.00 3"Around Cuffs 34.40 36.10 31.60 48.00 12 GEMINI-XT W1 MATRIX-BLACK 1,047.00 867.00 3'Down Legs 51.70 54.30 47.35 N/A 13 PBI MAX®-GOLD 1,010.00 833.00 13 P131 MAX®-BLACK 1,066.00 <_ 885.00 ez-AN 17 PIONEERTm 765.00 603.00 'X 22 KOMBATrm FLEX-GOLD 989.00 813.00 13 LETTERS 22 KOMSAT'm FLEX-BLACK 1,042.00 862.00 SCOTCHLITE-2-&3-L/Y,RIO 2.60 ea. 24 ARMOR7mAP 794.00 631.00 BRILLIANCE®2-&3-L/Y 2.60 ea. 27 ADVANCE7m 770.00 608.00 32 MILLENIATM XT T,050.00 870.00 PIONEER-1 37 BLACK PCA ADVANCE`"" 803.00 639.00 BRIGADETm 750/ All Other 47 LILTRATw 897.00 727.00 13 NUMBER PATCHES ADVANCEm Shells 57 AGILITY"" 889.00 720.00 VXS'STANDARD Sew-On 7.80 11.00 Hook&Loop 24-40 27.00 3 THERAIAL LINERS (H) H- JLLH IJPANT PANT 12 SIDE POCKETS NI GLIDE ICE-W1 NOMEX@ NANO 607.00 564.00 Pox 10"x 1D"Expansion STD STID N2 CALDURAO ELITEW/NOMEX@ NANO 589.00 548.00 Pocket Divider(STD is KEVLARO) ---P,� jo.C)o 10-00 53 QUANTUM3DT-SI-21 f2 LA 447.00 419.00 Pocket Divider(SELF MATERIAL) 10.00 16-45 57 CALDURAO ELITE SI-2i 400.00 377.00 Split Flap 12.90 19.30 58 QUANTLIM4Fm 492.00 460.00 Wallet Pocket(single) 19.IS 25.75 60 DEFENDER-M SI-2(BRASS) 341.00 324.00 (Size constraints with small waists&short inseams) 62 GLIDE ICE-2LY)? 405.00 382.00 ESP(Escape System Pocket) 164.00 224.00 64 GLIDE ICE-PBI G2 460.00 431.00 74 DEFENDERTm M NP(Brass) 283.00 271.00 End of Flap SILIZON00 33.40 33.40 76 O-81m 241.00 Tool 3 Compartment* 33.75 33.75 81 DEFENDER-M SL2(CRMO) 339.00 323.00 Tool 6 Compartment* 33.75 33.75 *(Available in ARA-SHIELD@,Suede or KEVLARM) 0 CLOSURES 1 MOISTURE BARRIERS (H) IH- ILI LH Hook&Loop STO 3 PANT PANT Zipper/Hook&Loop Fly 9.90 D GORE® RT7100 230.00 216.00 Series I Harness(1H only)-order carabiner separately 424.00 E STEDAIR&3000 208.00 195.00 Series 2 Harness(JH only)-order carabiner separately 420-00 F CROSSTECHO 3-LAYER 491.00 465.00 Series 3 Harness(IH only)-order carabiner separately 510.00 G CROSSTECHO BLACK 338.00 320,00 Black NOMEXO Wide Belt Loops 13.00 J STEDAIRO GOLD 351.00 311.00 Escape Belt(LH requires wide belt loops) 230.00 CMC Caribiner 122.00 YATES Carabiner(recommended) 122.00 (See more details on page 3) 1Hm STANDARD FEATURES CLOSURE POCKET SIZE&STYLE LH STANDARD FEATURES Hook&Loop in with black 2'x 10"x TO-forie cargo& Aramrd Belt out one internal rope pocketw CLOSURE TAKE UP STRAPS Hook&Loop straps to secure Hook&Loop rrVHook&Dee yes SUSPENDER TYPE rope out 0th ARA-SHIELD0 stirap Black Padded H-Back Ripcord Rope pocket on right urdess POCKETSIZE STYLE otherwise specified SUSPENDER TYPE 2"x 10*x 10"expansion FLYSHAPE Black Padded H-Back Ripcord Strarghtfly POCKET RMFORCEMENTS POCEMBEINFORCEANENrS TAKE UP STRAPS KEVLAR(D 5'up sewn to inside FLYSHAPE KEVLAR6 5'up sewn to inside No of pocket Straight fly-left side of pocket Page 2 of 6 lHLH 18 R1 3/1/18 Page 244 of 1256 IHTm READY & LH PANTS PIONEER-/ BRIGADEw 750/ All Other REINFORCEMENTS ADVANCE'm Shells 13SUSPENDERS (ALL LENGTHS) POCKETS RIPCORD SUSPENDERS DRAGONHIDEOD (Outside)Exp Packet 37.00 37.00 Black Padded Ripcord 14-Back STD 17.00 addri Grey Suede (Outside)Exp Pocket 22.80 22.80 X-Back Suspenders N/C 17.00 acwt-i Black Suede (Outside)Exp Pocket 26.50 26.50 ARA-SHIELD® (Outside)Exp Packet 29.30 29.30 PIONEER-/ BRIGADETm 750/ All Other (Black Grey,Gold) MISC ARVAW-E- Shells KEVLAR&Twill (Pouch) 38.00 38-00 Rappelling Harness Loops 54.00 58.00 CUFFS 5 Belt Loops(LH PANTS only) 9.10 11.30 Grey Suede STO STD Liner Alert at Cuffs 30.90 37.45 DRAGONHIDEO 29A5 29.45 Water Proof Dam at Cuffs 41.40 41.40 Self Material 10.25 25.90 Spanner Pocket w/Suede 44.60 56..55 Black Suede 2.45 2.45 Utility Loops 42.00 55.00 ARA-SHIELD®(Black Grey,Gold) 10.90 10.90 Individual Box 5.20 5.20 KNEES(REOUIRED) CROSSTECHO DRAGONHIDEO 42.00 42.00 STEDPRENE0 Black Self Material 24.SO 40.7S Pant Interface Guard 61.50 105.00 Grey Suede 27.70 27.70 PANT INTERFACE GUARD-FLY Black Suede 32.35 32.35 ARA-SHIELD®(Black Grey,Gold) 33.10 33.10 SILIZONE0 Padded Knee* 50.85 50.85 70 19.70 4 1 ! Padded Knees fARAFILO&Thermal Liner) 19. Ilk,,.,, Extra Layer#76 Knee Padding on Outer Shelf 15.60 15.60 Extra Layer#76 Knee Padding on Liner Knee 11.75 11.75 *Recommended placement is on the Thermal Liner L REMOVABLE KNE0 DRAGONHIDEO Knees 78.80 78.80 `�i TFI Self Knees 52.85 78.60 2m, Suede Knees 43.95 43.95 PANT INTERFACE GUARD-CU'r Black Suede 46.10 46.10 ARA-SHIELDO Knees(Black Grey;Gold) 66.40 66.40 Padding for Knees 19.70 19.70 9 �Vl SILIZONEdD 50.85 50.85 10 PIONEER-/ 4 1 BRIGADEM 750/ All Other BACK BIBS 11H AND LH ONLY1 ADVANCE- Shells 3'Back Bib 19.10 25.70 6'Back Bib 26.75 36.70 No Bib STD STD CMC CARABINER • Color:Red • Third party certified compliant to NFPA 1983 Gate Operation., To open,pull gate toward self,twist gate 45 degrees to open 7 WALLET POC K,1z"r 5PANNER POCI(FT v ,SUEDE Shown li'm YATES CARABINER * Cofor:Blue * Third party certified compliant to NFPA 1983 AND ANSI Z359.12-1 I * Fed OSHA requires compliance with ANSI Z359.1 1 for 'POSITIONING LANYARDS' * Gate Operation. To open,push gate away from self,twist gate 45 degrees to open Page 3 of 6 IHLHIS RI 3/l/l 6 Page 245 of 1256 JHTM READY & LH PANTS P. . k-Date- ORDER FORM ont t: Phone: (gage: of. TEL: 800-232-8323 infoglobefiresulfs.com CIRCLEP P T SELECTIONS.USE ATTACHED SIZING FORM FOR SIZES AND SPECIAL NOTES. STANDARD FEATURES WILL BE USEDUNLESS OTHERWISE SELECTED.Oversizee®Add 3 r Site ( Kira PANTS Regular VLA PAS 's Relaxed ISTD) CITY. Women's 59 ® cs ZE ® � T i r a i m P 07 GE'°760 7.OUDE ICE a- u ELM aTotal v� 1r ®NE ry N as ease �° @ TTM f �LLt%E F w E i `SNP 5 E E z R- AL2 is 9 H Vr v m J ! 2a J 6s.aU 2LYR sW- 1 r v �° e443u®E FB1602 n, 'M n m M r7� ecE�i 8 87-UL`s m .I 7 EFENDEN.*u N NP iaa $NAND; :.:. S'Arowd CUM 76424I 67 Ae a m SU Leg.ffi1�EFENIgEE-PA Please rotor to TPPlTHL Chart on Sha In fqr certified combinations. T OL SPECIFY L TI El 1:1 ilfl I� I � tiv„ ,. 1:1 El �IIIIII III OTHER i er erl 7 ess S rets ess les essr 1 !fts� rbl n ex ---------------- so:-=��il 4 i1+! it IfV I'Y iwl V. i'Ylrlfll' ® I I (S Black Padded Ripcord Suspenders I Pockets Tri' cures I ISM renew _.—-.......................................................-- He Knen Page 4 of 6 IHLHl8R13/1/18 Page 246 of 1256 A nv t.Sizing Form o7tt TEL: 800-232-8323 Phone: intb@giobefiresuits.com County- State- DEALER: SHIP TO.- . k to use 2"letters if necessary ty Cheat v Is Jacket Un €ae ring Waist Inseam HINWa REG or Un?que ring SUSS Is Pant K FOR Cult omeres t r e.ket RLX IIH OnWf r Pam 5[ZE 4t±'omens Maxrpt 15 Letters Cut? Cuts hid Page 5 of 6 1HLHI 13/1/18 Page 247 of 1256 GLOBE MEASUREMENT INSTRUCTIONS IMPORTANT., Globe turnouts are custom-tailored and sizes differ from street clothes. Extra care in measuring is needed to assure accurate fit. PLEASE USE ACTUAL MEASUREMENTS AS INDICATED BELOW. A CHEST—Have firefighter take and hold a deep breath.Measure under arms and around fullest part of chest(bust). B SLEEVE—No need to measuresince sleeves are designed proportionate to chest size. However, if unusually short or long arms: bend elbow and hook thumb under belt buckle,and beginning at center of back of neck measure across top of shoulders,around point of elbow to midpoint from wrist bone to knuckles. WAIST—Be sure tools (belt buckles, beepers,etc.)are taken into consideration when applicable. . 1 —Wearing normal station wear, measure from crotch inner seam to ankle bone. tl ]� 1P —Measure around fullest part of hips. 9` DO NOT take own measurements. Stand straight but relaxed,feet about 12"apart Wear identical clothing and accessories that will tio be worn under turnout. MEASUREMENT (begin at center Use a high quality non-stretch tape, holding it of back of neck straight and snug so that it lies smooth without 4 follow diagram indenting the body. (8e sure you start with low and instructions, end numbers.] end midway List an special considerations such as unusual between wrist Y height weight or physical characteristics. bone and knuckles] 1H Series I k NJ 6 - � `t Trvfi i r , I j I i IH Series 3 i 'I I I; rt q ffi' r Lel Pant iH Series 2 (Carabiner sold separately) GLOBEanu acturin , LLC Tel:800-232-8323 www.GlobsTurnoutGear.com infopjl efiresults.com ars manufactured by 0obe ManufacturingCompany,LLC or Globe Manufacturing Company—CK LLC. DBE 1H READY1-H,DRAGONHIDE,SILOWE and dosigns ars Page 6 of of Globe inCompany,LtC.AH prices are EDA.Factorya subJwt 90 change IHLH 18 R 1 3/1/18 Page 248 of 1256 PI WN , t ass KX ki Jp9,0'r; �n' a RU Globe Pr'oce ['as 1 11 t G Order form ATHLETIC GEAR FOR FIREFIGHTERSrTM Tel. 800-232-8323 linfoftiobefiresuitscom. The So"ConWany 3.CV 'V8 3/4/10 Page 249 of 1256 G-XTREMEOD 3.0 STYLE JACKET OVERSIZE CHARGE-ADD 30%FOR SIZE 60+ With all the features of our original G-XTREME@hdudlng Globe's exclusive AXTIONO Back and Sleeve,ti'e new G-XTREMEO 3.0 jacket is retallored in the chest,Shoulder,and sleeve for even more mobility.The lower collar With a deeper neck opening is more flexible,less restrictive, and better fitting,even with your hood on.And like the original,G-XTREMEO 3.0 comes in men's SHAPES to fit your body better. TRIM[a BRILLIANCE@& OUTER SHELLS 11JG-XTREME03A SCOTCHLITE7M SCOTCHLITETm BRILLIANCEM SCOTCHUTETm TripleTrim W1 5TRIPE Comfort Trim 07 BRIGADE'""750(aka NOMEO) 803.00 NFPA Basic 120.45 1126.10 111.00 167.65 12 GEMINI-XT W1 MATRIX-GOLD 1,15 T.00 NYC 158.30 165.45 146.20 220.00 12 GEMINIT-XTW/MATRIX-BLACK 1,216.00 NFPA Vert 130.30 136.35 120.T0 181.35 13 PBI MAX®-GOLD 1,179.00 Project Fires 168.15 175-75 155.30 233.70 13 PBI MA)(0-BLACK 11,247.00 High Visibility 184.90 193.90 170.80 257.10 17 PIONEER'"" 867.00 NFPA Vert 11 122.20 127.80 112.75 169.95 18 ALUMINUM 1,125.00 Project Fires 11 158.40 165,55 146.30 220.20 22 KOMBAT'm FLEX-GOLD 1,144.00 High Visibility if 175.15 183.10 161.80 245.50 22 KOMBAT'm FLEX-BLACK 1,209.00 NFPA HV 147.05 153.90 135.60 204.70 24 ARMORTm AP 904.00 NFPA HV 11 138.95 145.35 128.25 193.75 27 ADVANCE"" 874.00 32 MILLENLATm XT 1,2 T 9.00 37 BLACK PCA ADVANCE''" 914.00 LETTERS 47 ULTRAm 1,031.00 SCOTCHLITE-2-&3-LVX RIO 2.60 ea. 57 AGILITYm 1,024.00 BRILLIANCE®2'&3-L/y 2.60 ea. PIONEER-/ BRIGADETm 750/ AN Other THERMAL LINERS IIIG-XTREFAE03.0 13LETTER PATCHES A2VANCL- Sftefis 13 - Sew-On 18.80 32.65 N1 GLIDE ICE-W1 NOMEXO NANO 708-00 Hook&Loop 67.85 81.00 N2 CALDURAO ELITE W1 NOMID&NANO 688.00 Hanging 5`X20' 40.25 50.25 53 OUANT0M3D-SL2!(2 Lyq 514.00 PIONEER-/ 57 CALDURA@ ELITE SLA 477.00 SIDE POCKETS BRI E"'"7501 All Other 58 QUANTUM411m 578.00 [a AQZAhKELm shel� 60 DEFENDER-M SL2(BRASS) 416.00 2"x8'x8"Expansion Packets STD SYD 62 GLIDE ICETm 2LYR 482.00 w/Fleece Handwarrrer 64 GLIDE ICE-P1310 G2 539.00 2x 10x6'Half High Expansion Pockets 29.25 42.50 74 DEFENDER-M N?(BRASS) 352.00 (Only pocket available for 26') 81 DEFENDER-M SL2{CRMO) 414.00 (Handwarmer NIA on 2"x 10'x 6") Pocket Divider(STD is KEVLARO) 10.00 10.00 Pocket Divider(SELF MATERIAL) 10.00 16.45 13 MOISTURE BARRIERS (IJG-XTREMEQD3.0 End of Flap SILIZONEO 33.40 33.40 D GORE@ RT7 100 277.00 ENER E STEDAIRO 3000 250.00 Ofni CLOSURES F CROSSTECHO 3-LAYER 575.00 5C Hook&Loop In/Hook&Dee Out N/C N/C G CROSSTECHO BLACK 400.00 6C Zipper In/Hook&Dee Out 5.70 5.70 J STEDAIRO GOLD 398.00 7C Hook&Dee In/Hook&Loop Out 30.20 41.35 8C Zipper In/Hook&Loop Out STD STD CORE@ PARALLON-LINER SYSTEM 17C Snap Ira/Hook&Dee Out N/C N/C ZIPPERGRIPPER- 16.45 16.45 XM-13 GORE®PARALLON-LINER SYSTEM 1,229.00 G-XTREME@ 3.0 JACKET s-rANOARD FEATURES closure AXTION40 Rack Vision zipper in/Hook&Loop out Pocket Size&Style Collar Height 2'x 8'x 8°Expansion;with 3' fleece lined handwarmer it Shoulder CCHR Pocket Reinforcement Size 5"fn front,Tin back KEVLAR8 tmll,5'up sewn to Nil length along shoulder inside of pocket (3 piece construction), completely overedged Adjustable Sleeve ll WrIster an Uner Lenoth Page 2 of 9 GXT 3.0 ]a 311/18 Page 250 of 1256 G-XTREME(ID 3.0 JACKET OPTIONS PIONEER-/ PIONEER'"'/ BRIGADE 750/ Alf other BRIGADEN 750/ All Other EXTRA POCKETS/OPTIONS V CE7m Shells Im REINFORCEMENT3 ADVANCE' Shells Radio Pocket 53.00 68.60 POCKETS 13P-B 3"x 3,5'x 9" 13P-K 2"x 3.5"x 7' DRAGONHIDEO (Outside)Exp Pocket 37.00 37.00 13P-C 2"x 3.5"x 8' 13P-L 2"x 3.5'x 9' Grey Suede (Outside)Exp Pocket 22.80 22.80 Flashlight Pocket 40.90 53.25 Black Suede (Outside)Exp Pocket 26.50 26.50 7P 2"x 3"x 7.5" ARA-SHIELD® (Outside)Exp Pocket 29.30 29.30 8P 2"x Tx 9' (Black(Gey,Gold) Antenna Notch in#13P Flap 2.70 2.70 KEVLAR®Tvvlll (Pouch) 38.00 38.00 specify location 6P 4'x 9"x 15"Face Mask Pouch** 81.00 106.10 CUFFS **(Not available on 29"or shorter lengths) Grey Suede STD S TO 6P Detachable Face Mask Pouch 87.10 119.50 DRAGONHIDE® 10.40 10.40 Universal Cell Phone Pocket 32.55 42.35 Self Material 4.40 12.65 Black Suede 1.70 1.70 OTHER OPTIONS ARA SHIELD® (Black Grey,Gold) 9.95 9.95 ELBOWS W1 PADDING Self Mic Strap 3.05 3.95 DRAGONHIDEO 34.75 34.75 Helmet Snap w/Self Strap 7.00 8.35 Self Material 24.25 36.10 Helmet Snap w/Self Strap w/Hoak&Loop strap 11.95 15.10 Grey Suede 19.15 19.15 Sunfance Flashlight Holder 18.35 23.05 Black Suede 20.80 20.80 Survivor Flashlight Holder 18.50 23.20 ARA-SHIELD® (Black,GGold 30.15 30.15 Universal Clip 11.00 14.15 rey, } Hanging Strap with D-Ring 4.75 7.00 SHOULDERS DRAGONHIDEO 19.90 19.90 Self Material 13.50 19.95 13 WRISTERS Grey Suede 14.20 14.20 4-NOMEICO WRISTERS S Black Suede 15.60 15.60 NOMEXO Hand&Wrist Guards 7.60 7.60 ARA-SHIELD®(Black Grey,Gold) 15.35 15.35 KEVLARO Hand&Wrist Guards 7.80 7.80 Padded Shoulders 15.00 15.00 PBI®Hand&Wrist Guards 29.40 29.40 UPPER BACK Grey NOMEXO Wristers 3.15 3.15 Grey NOMEX0 Hand&Wrist Guards 8.55 8.55 Self Materia! 18.10 31.10 Padded 14.70 14.70 Thumb Loops(add to wrister price) 16.00 16.00 HELMET SNAP W/SELF in MISC HOOK SURVIVOR STRAP /HOOK&LOOP STRAP / Liner Alert at Hem 30.85 37.45 Embroidered Flag 16.80 16.80 Individual Box 5.20 5.20 Custom Printed Patch 34.00 34.00 (Available in Black Silver,Gold or Yellow CROSSTECHO STEDPRENE@ Black Coat Interface Guard 94.00 108.00 j HANGING STRAPW/D-RING SUNLANC[ FtASPL.jGHTHOLDER EXTENDED BACK r, s (EB) t n TES Panel 102.00 T3 1.00 ) 6"EB Panel 125.00 164.00 Page 3 of 9 GXT 3,0 18 3/1/1a Page 251 of 1256 G-XTREM& 3.0 Jacket Order ForM . -#;---Date. TEL: 800-232- 3231nfo Cori @glabe�results.co Phone: Page- o ° ffi rS ®r )rs 3 2 -r - i men's S ! RtS I 12Pocketsnot n+ CIRCLESELECTIONS-USE ATTACHED SIZING SIZES AND SPECIAL NOTES. SyAMDARD FF AN JACKET LENGTHS WILL BE USED UNLIESSI SELECTED. Oversize charge-Add 30%for Size ® 1 M a ,;. g r WE E Z z m1.�auCe,Ce* CTRPt4sET®7' B �& � � 12MINUSXF EUTE Iq 6 h 'wa c1 �a 134-M MAXPO WF lc � 17-AGNEER- :7 63-GUANTUMD-SL21 NYC 7''FLEX 'S EUVE BL21 NFPA Ve91. 24-ARMOR-AP SO-OUE N -xg pmj6d Ares Total 27-ADVANCE- G"EFFNWR-- isms)L.—ILLEMA XT ry 92-CMDR 9CETM 2LYR Over- 374-MANCE-(FCA) lCE� ! project 47LT s� 7 eERI� p F1 11 4 s a 1l Sub- 67-Ae94UU°a"s i i total ''.0 pe.. orr+ NFP Please Marto TPRfrHL Chart on Snatoj4p for cortiftd combinatlont PATCH IVY L< ATTACHMENT SET S17' 14 G SewnHook&Loop 12- 3- 111130 Sewn Hook&Loop 1 2' 3- 5e I-110 Sevm Hook&Loop 2" 3- ' Sawn Hook&Loop2- 3- L a r Hanging Letter Patch Use Row G for Ranging LftWr Patch on 32- e, ! ; 2x1 i 1 10 Divider r e m End o ter., 6C X 17C a' Ot } None 13 J 13 C 113PL 113P 1 I GP(DET)17 1 SP slay w --- Other: acuffs e No !f i eltrlet nap - I GiipElbwas Other: Shoulders None ' 1 13 ! 13P ' 1 It + 7� 3 pack Other: _ ..........lh None I If iHolmet ] n f - i f -CII sl Thr, f` YY Other: I er - l ristr' Y Xe HWG er: TOTAL ai� e o 5:3 1$ /77"3 Page 252 of 1256 G-XTREMECE) 3.0 PANTS OVERSIZE CHARGE®ADD 30%FOR SIZE 60+ In this latest release of our best-selling style,we've retailored the waist,seat and thigh for less bulk while making these pants much easier to get on and off. With all the features of our original G-XTREME0 including Globe's exclusive AXTION O Seat and Knee,these pants fit like a pair of jeans and let you make alI the right moves.And like the original,G-XTREMEO 3.0 comes in men's SHAPES to R your body better. BRILLIANCE(' OUTgR SHELU in TRIM SCOTCHLITETu SCOTCHLrrETm BRILUANCEO SCOTCHLrrETM JZJ G-XTREMBO 3.0 TripleTrim W1 STWE Comfort Trim 07 BRIGADE rm 750(aka NOMEXaD) 634.00 3-Around Cuffs 34.40 36.10 31.60 48.00 12 GEMINI-XT W/MATRIX-GOLD 916.00 3-Down Legs 51.70 54.30 47.35 N/A 12 GEMINI-XT W1 MATRIX-BLACK 969.00 13 PBI MAX®-GOLD 932.00 13 PBI MAX®-BLACK 988.00 13 LETTERS 17 PIONEEI?w 686.00 SCOTCHLITE-2-&3-1^RIO 2.60 ea. 18 ALUMINUM 863.00 BRILLIANCE®2-&3-L/Y 2.60 ea. 22 KOMBATTm FLEX-GOLD 911.00 22 KOMBAT'm FLEX-BLACK 963.00 24 ARMORIm AP 716.00 13 NUMBER PATCHES (4-X 5-STANDARD) 27 ADVANC9w 691.00 Sew-On 7.80 11.00 32 MILLENIA'mXT 972.00 Hook&Loop 24.40 27.00 37 BLACK PCA ADVANCE724.00 47 ULTRAm 819.00 PIONEER-/ 57 AGILITY 811.00 811.00 BRICIADETm 750/ All Other IN SIDE POCKETS ADVANCETm Shells 2"x10 x110"Expansion STU STO 13 THERMAL LINERS (2)G-XMEME6 3.0 Pocket Divider(STD is KEVLARO) -h-rwtv-ft-10.00 10.00- Pocket Divider(SELF MATERIAL) 10.00 16.45 NI GLIDE ICE-W/NOMEXO NO 604.00 Split Flap 12.90 19.30 N2 CALDURA(D ELITE W1 NOMEX(D NO 586.00 Wallet Pocket(single) 19.15 25.75 53 OUANTUM3D-SL2!(2 Lyn) 439.00 fS!ze constraints With small waists&short inseams)57 CALDURA@ ELITE SI.2i 392.00 End of Flap SILIZONE@ 33.40 33.40 58 OUANTUM4Fm 483-00 Too)3 Compartment' 33.75 33.75 60 DEFENDERN M SI-2(BRASS) 336.00 Tool 6 Compartment* 33.75 33.75 62 GLIDE ICETm 2LYR 397.00 •(Avallable in ARA-SHiELDO,Suede or KEVLARO) 64 GLIDE ICETM PBI®G2 457.00 74 DEFENDERW M NP(8 S) 277.00 81 DEFENDEffr-M SL2{CRMO) 334.00 0 CLOSURES Zipper/Hook&Loop Fly 9.90 Hook&Loop Fly STD iMOISTURE RARRIERS (2)G-XTME&3.0 s ............................ D GORE® RT7100 225.00 E STEDAIR0 3000 200.00 hit", F CROSSTECHO 3-LAYER 483.00 G CROSSTECHO BLACK 330.00 J STEDAIRO GOLD 320.00 ciort&PARALLON-LINER SYSTEM XM-B GORE®PARALLON-LINER SYSTEM 1000.00 ri-xTRame 3.6 PANTS STANDARD FiATuRns Suspender T�qw Closure Black Padded H-Back Hook&Loop in/BlackAramid J Ripcord belt elasticized sides, 816 No exceptions No bib Pocket Size&SWe Fly Shape 2'x 10'x 10"Expansion Straight fly Pocket Reinforcement KEVLAROD twill,5"up sewn to inside of pocket -Fa-ge 5 of 9 GXF 3.0 IS 311118 Page 253 of 1256 G-XTREME@) 3.0 PANTS OPTIONS PJONEEff-/ PIONEER-1 BRIGADE-750/ All Other BRIGADErm 750/ Al!Other REINFORCEMENTS ADVETu Shells BACK BIBS ADVANCEm Shells POCKETS 3"Back Bib 19.10 25.70 DRAGONH)DEO (Outside)Exp Pocket 37.00 37.00 6"Back Bib 26.75 36.70 Grey Suede (Outside)Exp Pocket 22.80 22.80 No 131b STV STD Black Suede (Outside)Exp Pocket 26.50 26.50 ARA SHIELD® (Outside)Exp Pocket 29.30 29.30 (Black Grey,Gold) KEVLARO Twill (Pouch) 38.00 38.00 13SUSPENDERS (ALL LENGTHS) Regular wrIRkn CUFFS RIPCORD SUSPENDERS Grey Suede SYD STD Black Padded Ripcord H-Rack SYD 17.00 a= DRAGONHIDE@ 29.45 29.45 X-Back Suspenders N/C 17-00 addt-1 Self Material 10.25 25.90 Black Suede 2.45 2.45 ARA-SHIELDO(Black Grey,Gold) 10.90 10.90 PIONEER-/ KNEES(REQUIRED) is MISC R! En"750/ All Other ADVANCE' Shells DRAGONHIDEQD 42.00 42.00 Rappelling Harness Loops 54.00 58.00 Self Material 24.50 40.75 Liner Alert at Cuffs 30.90 37.45 Grey Suede 27.70 27.70 Water Proof Dam at Cuffs 41.40 41.40 Black Suede 32.35 32.35 Spanner Pocket w/Suede 44.60 56.55 ARA-SHIELDO(Black;Grey,Gold) 33.10 33.10 Utility Loops 42.00 55.00 SILIZONE0 Padded Knee* 50,85 50.85 Individual Box 5.20 5.20 Padded Knees(ARAFILO&Thermal Liner) 19.70 T 9.70 CROSSTECHO Extra Layer#76 Knee Padding on Outer Shell 15.60 15.60 STEDPRENEO Black Extra Layer*76 Knee Padding on Liner Knee 11.75 11.75 Pant Interface Guard 61.50 105.00 -Recommended placement is on the Thermal Liner REMOVABLE KNEES PANT INTERFACE GUARD-FLY DRAGONHIDE0 Knees 78.80 78.80 Self Knees 52.85 78.60 Suede Knees 43.95 43.95 4 Black Suede 6.10 46.10 ARA-SHIELD@ Knees(Black Grey,Gold) 66.40 66.40 Padding for Knees 19.70 19.70 SILIZONEO 50.85 50.85 SPANNER POCKET w/SUEDE Shown above trim PANT INTERFACE GUARD-CUFF WALLET POCKET TCej COMPARTMENT Page 6 of 9 GXr 3.0183/1/18 Page 254 of 1256 P P. . ate. Contact. TEL: 800-232-8323 info@globefiresuits.com Phone: Page: ® of., CHICLE OR CHECKAPPROPRLATE SELECTIONS. P T . FEATURESSTANDARD SS OTHERWISE SELECTED.Oversize r Size � } E3 Men's Regmar GNMEMES 's a n's" A m 40 S 32 1 1 r 1 1 i ' 1 1 1 a w 1, 1 i 1 1 NI-GLJ ICE'S ..—_ ...... a Totalr I o r CE'F55 eelrrs � f6 r INr-xa ffi-0 NTUMM- ' S"total N NTUM41- Ex: T-ff ;a m�cRTM�a� as-Gu WE-ILYR [3. 3end CrrANcE� B"LJOE31 Dom Legs 3a-AN uffe -dPcwp ®1-Dm M S i sa nelurv� xm Please refer to TPPnML Chart an Sharefile fur cartified combinations. z PATCH 0� OR ATTACHMENT T s LT FX* f 2 [STewn Hook&Loop 2- 3" 'op Ed r r *OFX I . ... .. r SPECIFY STIM�,, r `.L, �I'u x , 2x8x8 I Wallet Pkt(single) OTHER i STD Hook Loop Zipper/Hook Loop Fly OTHER li h - 3" tNo l STD ! rBlae k Padded a STD IC _.. A9 R u ..........................'01 . 0 ra 1130 IN Side P T cuffs ±,:r�d e Rammm hie Knees Page T of 9 GXT 3.0 IS 3f 1/18 Page 255 of 1256 6 Sizing Form RF Q/ P.0. ......... ........ ......_ t .. .... ........� SEL: s232- s oaten_ ................... in flobefr suits.com -Page-.--of:. ........................... i1State_ - ....................:..... ................... ............... . .............. ........... ........... ..... ........... ............. Lj C€to use Tletters if necessary jaie REG is Pant f]'9`9° ePr S ne C3'CY W&M M FhpfM Sint° '�rr��ro's irs RKFOR c - R RIX SPC cut? $of 1 S L� rs k,),FU GXT 3,0 IS /1ft Page 256 of 1256 m GLOBE QUICK SHIP PROGRAM -XrREMES r 0 LETTER71NG■ 0 STYLE GUIDELINES This chart provides basic guidelines for the amount Quick Ship Time 111� l to Days of lettering available in specific locations. It also reflects available space on a ]-line letter patch. in Large Selection of Materials and Colors some cases,more room is available when the letter- !!Standard a rials and of s are Available Ing is applied directly to the back of the Jacket and not on a patch.If more room is required arching the Large Selection of Options letters may be a solution. All Standard Options are Available-Lettering available Order's s be Submitted n This Custom Order Form, Quote Form or V71th Previous Order Number Pricing is Based on Distributor's Standard or Quoted � l Discount,Less 5 Points Orders i e for Second DayDelivery Maximum Order Size—40 Pieces EXCEPTION TO GUICK SHIP PROGRAM All items on price list are available for Quick Ship Program with the exception of those listed below BASED ON SIZE 44 Hem Rope Pocket Trim on Pants Pockets AVERAGE MAXIMUM Zipper Les Ther -77-3" ....l Sleeve ell Per 1-Line ` " Removable Kees Reversed Closures Row A 12 B KEVLARO Beltit in Environmental Seal ow B t Insert Torso Pocket owC Row D 131-9 Harness&Escape Belt order eligibility is dependent Row E 12 B on stock status at time of order Row F 12 R Row G 12 B GLOBE MEASUREMENT INSTRUCTIONS IMPORTANT., to e turnouts are custom-tailored and sizes differ from street clothes. Extra care in measuring is needed to assure accurate fit. PLEASE USE ACTUAL MEASUREMENTS AS INDICATED BELOW. CHEST—Have firefighter take and hold a deep breath.Measure under arms and around fullest part of chest(bust). S —No need to measuresince sleeves are designed proportionate to chest size. However, if unusually short or long arms: bend elbow and hook thumb under belt buckle, and beginning at center of back of neck, measure across top of shoulders,around point of elbow to midpoint from wrist bone to knuckles. WAIST— Be sure tools(belt buckles,beepers,etc.) are taken into consideration when applicable. INS —Wearing normal station wear,measure from crotch inner seam to ankle bone. HIPS—Measure around fullest part of hips. Il DO NOT take own measurements. Stand straight but relaxed,feet about 12"apart. M UREENT (begin at center Wear identical clothing and accessories that will L of back of neck, be worn under turnout. t follow diagram Use a high quality non-stretch tape, holding it and instructions, straight and snug so that it lies smooth without end midway between wrist indenting the body. (Be sure you start with low bone and knuckles) end numbers.) List any special considerations such as unusual height,weight or physical characteristics. GLOBE Manufacturing Company, LLC Tel: 800-232-8323 www.GlobeTurnoutGear.com info@giobefiresuft.com GLOBE o by Gro rfn try,LLCorG1cheManMctutfhg company-OFA,LLC. GLOBE,C--ITREVEAX770NDRAGONHIDESIUZONE, Page 9of9 ZIPPERGMPPER anddeskjns atv bademado of G!obe Holdi Company,LLC.All prices am FOA and subject to change ut Page0"80256 E Quotation Bennett Fire Products Co., Inc. BEN www.BonneftFIreProduas.com December 8, 2018 Chief Clemons Boynton Beach Fire Rescue 2080 High Ridge Road Boynton Beach, FL 33426 This price quote is valid and order must be received at Globe by December 31, 2018. Discount in reference to Lake County, FL Contract 17-0606, expires June 30, 2019, 42% from manufacturer's current 2018 list price for Globe Firesuits/Gxcel. Globe Price List dated 3/1/18 is in effect at time of Lake County Contract/quotation. Contract may be viewed in its entirety at www.lakecountvfl.Fov. To rind information regarding this contract,follow the instructions below. Globe Gxtreme 3.0 Jacket per BBFR specifications Retail Price - $2,389.45 Lake County Contract Discount—42% - $1,385.88 Boynton Beach Volume Discount Price-$1,242.00 each 6 @$1,242.00=$7,452.00 Globe internal Harness Ready Trousers with emergency escape belt per BBFR specifications Retail Price - $2,017.35 Lake County Contract Discount—42% - $1,170.06 Boynton Beach Volume Discount Price- $1,049.00 each 6 @$1,049.00=$6,294.00 Total-$13,746.00 FOB Boynton Beach, FL Prices include shipping charges Delivery: 60-75 days after receipt of order Terms: net 30 days Page 258 of 1256 Thanks for giving us the opportunity to serve you! Bob Reardon,reardon7575@,att.net, 561/644-5722 Instructions for downloading Lake County/Bennett Fire Products Company contract information: Visit the website www.lakecountyfl.gov- I. View the left hand column, click on"Doing Business with Lake County". 2. View the left hand column, click on"View Term and Supplier Agreements". 3. Under the Search for Contracts space, type Bennett Fire 4. Contract 17-0606 will appear and the full contract or parts can be downloaded. If you have trouble finding the information you need regarding this contract, or if you need additional information,please contact Danny Bennett at bennettfire@,att.net or 770/402-9910. Page 259 of 1256 n LAKE COUNTY FLO R I D A MODIFICATION OF CONTRACT 1. Modification No.: 1 2. Contract No.: 17-0606B Effective Date:July 1,2018 Effective Date:June 1,2017 1 Contracting Officer: Donna Villinis,CPPB 5m Contractor Name and Address: Tel one Number.(3521343-9765 Bennett Fire Products Company, Inc. 4. Issued By. PO Box 2458 Procurement Services Woodstock,Georgia 30 189 Lake County Administration Building 315 in St.,Suite 441 Tavares,Florida 32778-7800 Attn:Danny Bennett—President 6. SPECIAL INSTRUCTIONS: Contmeto, is required to sign Block 8 showing acceptance of the below written modification and to tis )rm to address 'ffiAftt—r=--eiM preferably by certified Mai I to ensure a system of 211. - positive receipts. Retain a Photocopy the signed copy of this Modification and attach to Ori final of contract,which was Drevious 'provided. 7. DESCRIPTION OF MODIFICATION: Contract modification to extend for one(1)year expiring June 30,2019. 8. Cont ractoes.Signature RE Q 9. Lake County,Flo Name: By: Title: lor e,5)de j&t enior ntracting Officer Date: fe,b r va,- 4 Zvi 0 1 Date 10. Distribution: Original -Bid No. 17-0606B Copies-Contractor Contracting Officer FISCAL&ADMININTRATIVESI-RVI(US -1)]VlSIONf)]-'PRoC.UREMEN']'K]-RVICII'S 13-0 HOX 7800-315 W.WIN ST—TAVARI-S,1-132779 B"T' ("MM-1sr"WrT-ate,ir.luircwruuyl ,r I I k%0 I I 1Y 1,%Vt I ftih W I Work?2 jo"11 glAkl Page 260 of 1256 LAKE COUNTY I I OR I DA CONTRACT NO. 17-0606B it Equipment Parts—Supplies-Service LAKE COUNTY,FLORIDA,a polcal subdivision ofthe state of Florida,its sucOsssors and assigns through its Board of County Commissioners(hereinafter"County)does hereby accept,Wth noted modifications,If any,the bid of Bennet Fire Products(hereinaftew"Contractoe)to supply fire equipment parts,supplies,and services to the County pursuant to County Bid number 17-0606 (hereinafter"Bid"),addenda nos. I and 2 opening date 12/1312016 and Contractoes Bid response thereto with all County Bid provisions governing., A copy of the Contractors signed Bid is attached hereto and incorporated herein, thus making it a part of this Contract except that any items not awarded have been struck through. No financial obligation under this contract shall acmue against the County until a specific purchase transaction is completed pursuant to the terms and conditions of this contract. Contractor shall submit the documents hereinafter listed priorto commencernent of this Contract:insurance Certificate—an acceptable insurance certificate(in accordance with Section 1.8 of Bid)must be received and approved by County Risk Management prior to any purchase transactions against the contract. The County's Procurement Services Manager shall be the sole judge as to the fed of the fulfillment of this Contract,and upon any breach thereof,shall,at his or her optiondeclare this contract terminated,and fbr any loss or damage ,by reason of such breach,whether this Contract is terminated or not,said Contractor and their surety for any required bond shall be liable. This Contract is effective from July 1,2017 through June 30,2018 ex the County reserves the h to terminate this Contract immediately for cause and/or lack of funds an c80 rig t d with thirty(30)day writtenn i r the convenience of the County. This Contract provides fbr (4)one year renewals at Lake County's sole option at the terms noted in the Bid. Any and all modifications to this Contract must be in writing signed by the Countys Procurement Services Manager. LAKE COUNTY, FLORIDA By: �Senior Con9cting�Of ricer ® Distribution: Original-Bid it Copy-Contractor Copy-Deparlment 'Eaming Community Confidence Through Exceffence in Servkg Office of Procu rement Services 315 W.Main,Suite 441 P.O.Box 7800 Tavares-Florida 32778-7900 Ph 13521 34MR211 Fam MAN%MAAA71 Page 261 of 1256 LAKECOUNTY YNYMATION TO BID (ITB) FMEQMMUff -PARTS--SUPPLIES- SERVICE Will Number. - Congracting t D.Millinis Bid.Due'11me: ec TABLE CW.OMM's WTION 2: Staternt:M of Work 14 16 MMON 4: 1 120 Cerfifta _ t_CUMpCbMUY/MUU= leto thblIV I tg�r itaz Guasewn 1 Q8 _ Pro-Bid Cqnfer=e1Wa1k-'nffu: It Not applicable to flds In At t'h#dAte And time , all bids thlit have been recLived IL 41 be recorded, in Ody MMUXw Will _ will be r 1~ , c i i e ppted for s i Office fir Frocummant SCMCM MlY PM Calendar da)s after the official.bid due 4ate. When counter- i o fann the. co c . . ori . ® itis . )® Fgiiare to sign the bid reVense, of to 8UbWlt the bid mpuma by Me specified Uwe and date,mmy be cuume for rejection of the i NO If wry vendornot want.to Impond tu thi's W&IhAdun this like to be mnovedfrom Lake taunty's Veru v Litt,plesse mrgk Ifig,approprWO S 000, do nanx bd ow reft'n this page Not intem9ed at this tiM ketp Mw Ann 6n lake Coun14'r.Vendom List for ftitulm solicitaflow for &%product I se "c EJ Pleami-otnoveourfirm from La County's V is List uc1l cc; J �gm oft . HCAEM Company e: f� a a Jb e4 P 0114 1 elt- Page 262 of 1256 SMION 4—PRICING/CEi RTi rlCATjOjqBj 51 c.NATURES ITS NumbeyZ 17-0606 ffBTrME-. FIRIE BQUEPMENT-PARTS—SUPPLIES-SERVICE NOM%: @ Whda pur-aaft,on a di , rect basis�Lake Coamty is axtmVt fmm an bxz&(Fed6rall, ftft, Local),A Tax ExaTtion Ce�tificaw will be R=Ldied upw zcqaw for such Inirchwo. However,th-L.Vendor WIR be Yespensible for payoment of bxcs On SM Materfids PuMballed by the: Vendor for interporaflon into the pMect(see proAdon 3A for JUr&errdbtR4 v The vendor 4ull not.alter or arniend any of the iidtamiatUn . 1 (indudin&but not BnJAW loatated units, of measure,i1QM'de$'G4fWn-Or WuntitY)ataitr'd in the Aidntr Smtlan. if any qatinlifir-A arckated ija the pricing xLxAion as being "eslimaled" ciumfifiM vemiaft- w* 4dyised to xe*w the." ® i. nted Quailfltiwq'clause contained'in SceAlon 3 of tln*s sol icital6ini - • Any hid contahiing w modill ying or 'esculatW' clause imt specifialy allowedAbr under IhL So4ellation.will not be comidaredi. • Unit priew.An'll govoen for all saMcm piwd an that basis as rcqttcvted under this solicii4on- All pricing shal I he FOB Desfinathin uillcm otherwise qm;lflod in this sofi6ixtlon&GUMORL • All priultig submitted&ludl it in valid for a 90 day period.. By.signing-and submItting a.ivaponse to thltiscold tatlon.the vendur haa qxci-Ocally iWvad(o dills cmidition. • Vendors are advised to visit our websito xt h tv&rov mid rc&tcr as a putealia. 1 *6ndor. Vendors that 1kares rc&tvrrd an-Und receive an e-mail n6dee w1wa the COUNtY issues a 39114UMM Meftlang tbe wMandfty eadtz sdected -by a vendor during Me registration pmen. a If the ctintmctor has ques'lions regarding the APPReabBity of Chapter 119,, Florida Statutes, to the Contr-Acloes duty to provide pubfic recordii relating to this contract, contact the eugediall of puM records via the Individual designated in provision 1.2 of thb Soufftfign. ACKNOWLIEDOEMENT OF ADDENDA INSTRUCTIONS. Complift Part I-or Pmt LL whichever applies Part 1.0 The biddqr vwxt list below the daks of i -me for much addandwn mceivad'tumodion YO In th thig ITB., Addendum 01.,Dated. Al"aft4bel- 2z Z0110 Addendum Q.Dated. 4 0�A?ot�&.- 3,0 1 Addendum#3,Dalod. Addenduin#4,Dalod: No Addendum vms rucelved in owmection with chis TM 20 Page 263 of 1256 P e-. LAKE COUNTY A— OFFICE OF PROCUREMENT SERVICES PHONE.- (352) 315 T I t - 4TPO BOX 7800 . TAVARES L T ADDENDUM NO. 1 November 22,2026 ITB 17-06GS Fire Equipment-ftir"-Supplies-Service It`is the dors responsibOltyto ensure thele receipt Of 21 addenda, arly.ac let# I addenda within t eir ini ial bid or proposal rns .Acknowledgemaht may te it fr either by i . sion f d s' ne coy of this u thin sal response, y caman furrn of the addendurn acknowleogernent section f the sorichaWn. Failure to acknowledge each addendumv ' or proposal from rein consideredfora ar This addendum cloes not change the dateforrecelpt of bids cw proposals, Questions concernIng this.sok tion are due Dftember 2,2016, The purpose of this addendum is address ah inquiry ie , A vendor m keda re-prorare ment costs mentionedl n Sections ions 1,1 ,1.11,and 3.27 of the ITB.. The - unty reserves to charge a vendor re- enc costs when the original awardee defaultsin the performance of their contract, and the County is forced to obtain the goods or servicesfrom another h%her pricedr through re-procufarnent, This is standard n in the C01MYS solicitations ivan option available the County to try and recoup some of the losses associated with re-procurement. The Intent of this particular solicitation (ITB 17-006) Is to establLsh a pool of contfacted vendom to cover the County's needs forvari and servjues utilized bythe Publiv-Saf6tViand FleetManagement ngpartments. Re-pnocurement wouldt normally oowr[orthls typ of solicitation becausethereare usuallY mulbple sources available to meet our needs.. Acknowlediggm t r i Firm Name-e- #ti"I ; holoDate- .,�- „7 i tur°e _ Tit . r'*'-' Typed/Printed Name., Page 264 of 1256 LAKE COUNTY OFFICE i343-96-39 a 315 T MAIN STREET, SUITE 441 FAXt 3fi2) PO BOX 7800 TAVARES FL 32778-7800 ADDENDUM . November a MS Rre Equipment-Parts-Supplies-SerVice Itis thevendor's r i l ly to ansute,their recelpt of all addenda, d to dearly acknowle all addends within their initlal bid r proposal response.A' n t coned either by inclusion ofa signed this addendumwithin the proposal response,or by campletbn anOOf the a den rn ack-nowledgement sect Tarn ofthe solicitation. Failure to acknowledge each addendum maq prevent the bld or proppni from:4eing considered r w r rd. This ad*ndurn does no *n a the date for ipt of Ws or proposa Questions concerning this,soli n are due December,2,2016, The.pus.pize of this . is ta.pillcitess the following; Current term and supply agreements under the previous Invitaiti9n to Bid2-0 I)61 expireJune3o,2017. Itis anticipated that the new term and supply agreements awarded u r.this ITB#17-0606shall be effectiveJuly 1, 2017. Vendors shall submit price discounts that will be deducted off cu rrent list pirkes for products in thetime of purchase, 1 n f roc i Fir e. IserielfJ4 F;'r4?' ple"121-1-61, air I- Signature Title: .r ms 0 01 Ty Jprinted Name; , a ' Page 265 of 1256 SECTION 4—FRICING1 CERTMICATION&SIGNATuRES rM Number 1 ® 6 PRICING SECTION—GENFJI"INFORMATION (Submit dis=Ws aud ho smice ratem' Allachme"2'?rkin g Fa="') 1. CW,qtatel'rrpa WoodAveK 6-A SplYe Til c�Fax. ?0 r-Ax— AJIA 2. S* 4. SWWxd,%,arvmuy1- $ee ® Lead time: 30 fif-S c e,p e or e-r- C minhuUm ofd&-(3fany). 7. T-Taraffing fia if Iwo thm minimm(if applitAble): j0)V A f— ................ 91 Duos your fwm,offiw pickup and d&%vry of-Whielm=d cqaipmwd medipg rqwr? Ya%— No_ Mvge for dolivu*ickup: A 9. Dom your&m have towing c*aWbim? Ycs No Towing chalges- ........... 10. Will your iron acoept Visa Purchasing,Car&or"ayable,fbrm arpay,Mont?Yes o j 1. Vendor cumm fw emergmcy mAw4basier seMce 24 ham07 daya rw wae�L- Na= b-zz fpf 4 01 e 12. Exc%fiuns to Bpolficalum: YCS* Nq 1 ii:a I as 21 Page 266 of 1256 SECTION 4—PRICING/CERTMCATIONS/SIGNATURES 171B Number. 17-0606 By Signing this Bid the Bidder Attests and Certifies that: • It satisfies all legal requiminants(as an entity)to do business with the County. • The undersigned vairdor admowl edges that award of a contract may be contingent upon a deternimation by the County that the vendor has the capacity and capability to succeaeWly perform the contnizL • The bidder hereby certifics that it understands all requirenients of this solicitation. and that the undersigned vidual is duly authorized to execute this hid document and any contract(s)and/or other ftnuctions required by award of 's solfcitation Purchasing Agreements with Other Government Agendas This section is Optional and will not afrect contract award. If Lake County awarded you the proposed contract, would you sell under the same tertris and conditions,for the same price,to uffiw governmental agencies in the State of Florida? Each gov agency desiring to accept to utilize.this contract shall responsible for its own purchases and shall be liable only for materials or swvices ordered and received by it. Ev?I Yes [I No(Check one) Certification Regarding Felony Conviction Has anyofficer, director� or an executive pm* 'n!equivalent duties, of the bidding entity been convicted of a felony during the past ten(1 0)years? 0 Yes FN (Check one) Certification Regarding Acceptance of County VISA-baud Payment System Vendor w1H accoPt payment through dic County VISA W=d Payment system 0 Yes Ef No Reciprocal Vendor Preference: Vendors are advned the County has established,under Lake County Code,Chapter 2,Article V11, Sections 2-221 and 2-222;a process under which a to vendor preference program applied by another county may be applied in a reciprocal manner within Lake County The fidlowing information is Deeded to support a H , ication of the Code: 1.Primary business location ofthe responding vendor( waO t city/state): pd &Lck� n 2. Does the responding vendor maintain a fi cal location in Lake County at which employees am can located and business is regularly trans Yes PrNo If"Yee' is checked, provide supporting detail: ....... .....----.............. ..........--- ....... .......... ......... Conflict of Interest .Disclosure Calffication Except as listed below,no employee,officer,or agent of the firin has any corifficts of interest,real or apparent,due toownership, other chents6 contracts, or interests associated with this project, and,this bid is made without or understanding,agrcemen� or connection with any caporatior4 firra,or person submitting a proposal for the same services,and is in all respects f*and without collusion or fixud. DUNS NurntElpsert if this action involves afederal funAtA�ect General Vendora—Md 'a oresn" Firm Name Street Address: Mailing Address(if di Tel cphoire No.: -05'-40 Fax.No.: Aj—IA -- ±Y6_ E-muil.beniletthre- ea*.Aet FEIN No. 35-D, _ Prompt Payment Terms: • ----,-'days, not Signaate. Alailg m ber -?b Z-v I to Print Nam: NA4At Title: e,!s,',de#tt ' Award of Contiract by Jac 1,1*) the )M" By signature below,the County confirms award to the above-ideatified vendor under the above identified solicitation. A separate purchase orderwill be generated by the County to support the contract. Signature of authorized County official- P%J44---- Date. Printed e® to t!eA Title: 1��Wtda- LdtityaptcT a r, 22 Page 267 of 1256 - MMENTS SECTION5ATTAC ITB Number: 17-0606 THE FOLLOWING DOCUMENTS ARE ATTACHED: Attachment 1: Reference Form ® 2: PridnZ I Form 23 Page 268 of 1256 S ITB Number19 v E {NCES Addiam ' , . _Sfier it t Tip t, , 4For I el Sumic of '_ a $? ' $ tZ41/7 A-At_t Agencya n, Y lblcohaur, Ll 7 riste(s)of { r �t ScrIc Ame ea s 4 ko jv 'a E2Y� !� t t" Takohnne lene tis) Page 269 of 1256 SE r 17-0606 Carrent brands in use by the FhV Rescue DWIsian indude,the 01jawing.P103,4.- lete tile' followift$ info* iron for those brand j t it fuut, s4 Yyus". r"no"f, .'j i' utor. Tf x represento. ect r • ui bmppfimVolst .please the -zur ri ' i n in the t.end vfparing jikl. ie, ACTIONABLE SHO ME .. ARSTOCk AM .. on BRASS AUAMEWCAN FIR . OSE .• 5. RUWAR .. C m. MAUS - Mon 1; .. ._ _ BIJLLARD CAL11101 _. WTPRODUCTS • w Are VA . Page 270 of 1256 .17 1 --URCTIV= m. C U CODE 3 'LII N 4 DCOLLINS YNAMICS COUNCIL TOOLS Tuf—rj-fp-� . DAVIDEILSEN WB"SMITH _. T � _. AWKS a T n, DRAEGEIL U.NGJNFFRED L DUO ` ' . . X151 m EDWAII(M, MFG FLKHART BRASS ETIEMEROFNCY ,rEc,HxoLouy TX-Ti LIT FMCRAI,SIGNAL 1114H HOOKS UNLIMIM FTREOEX FIRE POWFR FIREQIM FLANEFIGHTER SO ria �. 26 Page 271 of 1256 SECTION a _ATTACHMENTS ]TO Nwnber, 17-0606 GLOBEFOLD A TANK ORMTOR �GLASSMA R i'E e 15 &dHARRINGTON CONTROL rT E HONEYWELl"PROHYDRA SWELD �-- HUMAT TMRRIAL aCAN JANESVUIX _ IOWA m JW'RITF NMFG XAPPLER KENDALL PRODIXTS x.co KU. S,., SMAUL LIFE LINLW LIONS UNIFORMS - 27 Page 272 of 1256 r a LOWELl IS PR y MAG INSTRUMENTS I L:I MC PRODUCTS I (FLASH). MORNING PRIDE WATAI.B(CIRCLE D) tiORTH-AMERICAN JdkV ROSE V NUPLA PARNFECH A X .. PHOENIXPaPROTEXALL PIGEOW MOUNTAIN ., °TCS PS .. REDHEAD BRASS yTE N 2 Page 273 of 1256 SECTION a, 7 'RTCE HYDRO CO SCOTTAVIATION t. SERVUS BOUTS SNAll"UrE ..SOUTHPARK _ SIGNAL VEHIMEPRODUCTS -ASS ry fro SPUMMUR TNTTUOLS T A N., TFIGRID �, ..w- $` T SUPJSRIORe IC ITAMEQUIPMENT LIQ EST FANS ,ATOMAit _ ' OPP —YU—lkTL9 PLASTICS tJN—l—)j3RtHVWATER XETNE-TICS _,. LIGHTSLTMTY 29 Page 274 of 1256 1746,06 ... VEMIAN VERTX " IVELDON a MNG WILLBURT ?,NCO IGENMATOM WMLTAMS FOAM _ ... _. ZEPHYR ., &I'obe p ._ L tjocds /0 1 zo-�iiulp Roll 4„ i C-Aa Page 275 of 1256 Limited Warranty for Globe Lifel-ine Protective Clothing Globe LifeLine. LLC warrants its protective clothing to be free from defects in materials and workmanship for a period of three (3) years from the date of purchase when properly used and cared for. Our obligation under this warranty shall be limited to the repair or replacement, without charge, of any product which is returned to Globe at buyer's expense and is determined by us to be defective in materials or workmanship, but is otherwise serviceable, This warranty shall not be effective unless the products are used for the purpose for which they were designed and are used by trained personnel following proper emergency medical, rescue or recovery procedures and In accordance with the product's warning, use, inspection, maintenance. cars, storage, and retirement instructions. Failure to properly care for the garment will lead to a shortening of the serviceable life. "Serviceable" refers tot general condition of the garment which can be expected to provide at least reasonable limited protection against the hazards from which the garment was designed to protect. "Serviceable life" is the period of time protective clothing, which has been properly cared for, can be expected to provide reasonable limited protection, "Defects in Materials" refers to weak areas or other flaws caused by irregularities in their manufacture. "Defects in Workmanship" refers to improperly manufactured seams, stitching, or other construction methods. This warranty does not cover wear and tear nor damage from fire, heat, chemicals, rrisuse, accident or negligence. THIS WARRANTY IS EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILrrY AND FITNESS FOR A PARTICULAR PURPOSE- The remedy of repair or replacement for breach of this warranty shall be the sole and exclusive remedy and Globe 1-Ifel-Ine, LLC shall not under any circumstances be liable for incidental or consequential damages. 4109 37 Loudon Road. Pitt Fr' IVH 03263 800-232-8323 603-436-8323 800-442-6386 60.4-435-6388 wivV0.gInbefiresults.corn filob s ftfilhiffirsafts 0 91fths 93frarr-adr,Iffallyta a HIM togrogfir"globe Fifirs Page 276 of 1256 ginho fnatwarr Ile Globe Footwear, LLC warrants Its protective footwear to be free from defects in materials and workmanship for a period of one ("I) year from the date of purchase when properly used and cared for. Our obligation sunder this warranty shall b limited to the repair or replacement, ithout charge, of ,any product which is turned to Globe at buyer's expense and is determined by us to be defective in materials or workmanship, but is otherMse serviceable. This warranty shall not be effective unless the products are used for the purpose for which they were designed and are used by trained personnel following proper procedures and in accordance with the product's warning, use, inspection, maintenance, care, storage, and retirement instructions. Failure to properly car for the footwear will lead to a shortening of the serviceable life, "Serviceable" refers to the general condition of the footer which can be expected to provide at least reasonable limited protection against hazards from which the footwear was designed to protect. "Serviceable life" is the period of time protective footwear, which has been properly cared for, can be expected to provide reasonable limited roteoticn. "Defects inMaterials" refers to weak res or other flows caused by irregularities in their manufacture. "Defects in Workmanship" refers to improperly manufactured seams, stitching. or other construction methods This arranty does not cover wear and tear nor damage from fire, heat, chemicals, misuse, accident or negligence. THIS WARRANTY IS EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES. EXPRESS OR IMPLIED, I OLUDIN IMPLIED A A TIES OF MERCHANTABILITY ANDFITNESS FOR A PARTICULAR PURPOSE. The remedy of repair or replacement for breach oft this warranty shall be the sole and exclusive remedy and Globe Footwear, LLD shall not under any circumstances be liable for incidental or conse u nt° i damages. ! 9 ffdv8hfth&r8nffiv o N081hims a MuLwiffiffLlimA u bm 908 Page 277 of 1256 Cairns Lifetime Warranty and Terms of Sale t Express Wa y Cairns products and/or com- mation, representation or modification of the po etas furnished under this order carry a warranty concerning the goods sold under this Lifetime arranty against material defects contract. Cairns/MSA makes no warranty con- and/or faulty, workmanship, with the exception cerning components or accessories not man u c- t of the helmet shell, which carries a 5-year shell turgid by Cairns! S , but will pass on to the replacement warranty- Cairns! SA shall be purchaser all warranties of manufacturers of released from all obligations undeT this warranty such components.This WARRANTYIs IN LIEU OFALL in the event repairs or modifications are made by OTHER WARWMES, EXPRESS, IMPLIED € R STATUTD- persons other than its own or authorized serviceY, AND rS STRICTLY LIMITED TO THE TERMS HEREOF.' personnel or if the warranty claim results from SWIF1CaALLY 0JSCW S ANY WARRAtvTY OF abuse, misuse, or normal wear and tear of the MERCHANTABILITY ANTABILITY OR OF Ffr FSS FOR A PARTICUI.Ag product.No agent,employee or representative of PURPOSc Cairns! SA may bind Cairns/MSA to any a ir•- 2. Exclusive Remedy—it is expressly agreed that are proven t4 be defective. Replacement equip- the Purchaser's sole and exclusive remedy for ment and/or parts will be provided at no cost to breach of the above warranty, for any tortlos the Purchaser, F.O.B. Purchaser's named place o conduct of Cairns/ SA,orforanyothercauseof destination.Failure of Calms/MSCalms/MSA tosuccessful- action, uc sf t- a tion,shall be the repair an #or replacement,at ly repair any nonconforming ro ct shall not Cairns/59s option,of any equipment or parts causetheremedy established herebyto fail ofits thereof, that after examination by Cairns/MM essential purpow. 3. Exclusion of Consequential Damages— loss f anticipated prof!ts and any other loss Purchaser specifically understands and agrees caused by reason of the non-operation of the that n r no circumstances will Cairrlsf 5A be goods.This exclusion is a pplicable,to cl.alms for liable to Purchaser for economic,special,Ind icen- breach of warranty,tortious conduct or any other 6 tall, or consequential d2MageS or losses of any cause of action against Cairns/MM. . kind whatsoever, including but not limited to, Note;Ttri°.mo:*J incomalnscnlya Cralrpulaia KWqWrters CFrficesand representakives waldwide pnrra!dangr.°cxa A I hr al r AW& E•IM4 y;:F Mgburp.1.PA,%ip LS:. laa nil I he hrur'rarbr: s 4waa4•hlle use,and prrrra^.Mala !"Imp. .1,r 94.1 juuu caaa aiiaims ars dcs.:arrl.'n°elrr en 1:IrumStaZtlS Shq.11;hr 11+ri:K1t Mpg.obtainer seiwlre Canter be used l yunkrllE-we cr unquamiad olmtlr I Rau FASA 222r Vidividulls'wid nul im d il ffie US 1•EIuWnE;-614U Pr®iuCt h'tA1 r:.]b"%i'dU 11114s MLA Onada affgwarr,np I,Y r41a.;iov.prsrii4Je4J rI•rnlr $uu•a87•657'c _ - wrn i<cn#ho°tlurlsly4rnrl.:srl Li W7efulMIN;1:0. fax i m,lct:ono detil red Q."&"-': MEA Urulm ErifCrfr tan rya°Crl r.iny ' Am& 4e••;5 122;37C s ° Tin ;aS;5354dl3n prop r Ixcand awc 1 „117esa pradurad. ®;t UNA IMa mikinnal t J 01:1rae 413•1167.M4 4 ✓ IDAav-og-MCIJatozoa5 rax 412rM1451 Serwhiplhh IN ®ice to U99.2n,� Prlclyd ire h.SA. Simon Page 278 of 1256 4 7yyL '.Vr1:AM�i%N:w µmM1 r. a fv i}:•% ,w,fill.'R::x•i:Cn'T'faeMJ:::+in:. r//RN:T:HJ.i.:✓F:n w:+w:R•�•:. :yY::yh!:.Ki.iMn: �wRi; ' .::%. +., ..,:, ftp ._,wr _ .F.�ii Y• ,.Y..: •'!l,.' ..k:f.} - •:\:•w. 'iw,,,.umwM„ M ..vn �Jw+r••1r.��w+xn.},,. ry„Ff�a.I.•' Y+�1:2:• nfnn.ww+...,..�iYJ:'w• ,..aMr ..In� :%........wi'_4"........e... .. +-. rr.r++.�'ti+�� 4r�-s.:::irG?+I...... •,.•. "..iCl,x,:��:?�N:'.'fi.,... ...,..d%•:�....+.fw... n�.w. .riw+w+ ... ;�.' r�>r f �2 R '?+R" R Year Warranty and Terms of Sale ! , 1. 'fhefffectiveDate oftbisID-YearWarraAtyforCairns"FireHell metsitJanuary 1.2415.All Calm;AreHelmptsmanufacturedonorafter Abrujary1.2015, Y,f .Ie: shall be cowered by the terms Issued under this warranty.This warranty super€etles airy prlrrted or electronic warranties provided with a Cairns FireV. Helmet which was manufactured on or after January 1,2015. 3 2, All Cairns Fire Helmets maaw fact ured laefore January 1,201-S,sha li be covered by the ternia issued under the previous Warranty_ � r 3. Exp rau Warranty—Mine Safpiy Appi!aAces Company,LLC(MSA)warrants MSA Cairns Fire Ilei mets marwFactured on or after January 1,2015, + ' to befree Front defects in materials andlor faulty workmanship for a period of tern(10)years from the state of nia n ufacture by MSA.This warranty applies to all:original assembled cony puliPnts of the fire het met iild till ng:sh ell,impact capassembly;suspension;retroneflee ti we trim;ear laps;and face5hiel d r fl '..A; •VI or goggle. i.I r is .+; SPI. 4, Release of Dbligation.F—MSA shall be released From all obligations under this wvarranky in the event that repairs arrnWifiCot Ions are rnade by persons >,,0 0111 other than its own or authorized service person n ell or If the warranty claim results from accident,alteration,rnissrae,or abuse.MSArnakes no warranty ; Qz concerning replacement co mponents{I_a.,ane thatwas notpart of the original asserrrbiyy or neat-Certined accessories,but will pazon to the Pu rchaser {;ti allwarranifes of manufacturers of such components.This warranty is in Lieu of all oth er swarrantles,express,implied or stalttto ry,and is stricdyli mited 11Y'}. to the terms hereof•NISAs ificallydisdnirnsanywarrant of or of rt!cular ur oSe. 'r ; l� Y Y 1?a P P { - .,• t } , Exclusive Remedy—It is exlNpssly agreed that the Purthaspr's sale and exd usive remedy for breach of the above warranty,for anytortious conduct of MSA,or for any other cause of action,shall be the repair andlor repla[ement at MSA's option,of any equipment ar parts thereof,that aftor 'A! examiltationbyMSA ar�eproyentob~d reftiR ecve, eplacernenkequpmenanorpartswilIbeprovIOadatnocoscost Purchaser„l", .i}.Destination, itdl otitiM;r 1 Freight Prepaid,to the Parrchaser's named destirsatlolt.Failureof MSA to suctessrul ly repair any nonconferrn my pr4durt shall not cause the ren ie4y estabil shed bereliy to faiI of its essential purpose. 6. EXCIPSion of Accessories—Accessories are not a part of the certified product but could be attached to the certified product by a means not ;9:5!, engineered,manufactured,orauthora€dbytheAria nuFacrurer_M5ACal rnsHelmet Accesaoriesmade avaRablefwpurr hasebyMSA are exciudedfrom 00 th-is warranty.MSA Cairns Helimet Accessories ind udeare:but not Jim ited to;front-piece holders,front-plectss,front-piece brackets,an ti Bourkes_ 7. f=Trciusion of Consequential Damages -Purchaserspecl flcallyundr!rstands and agrees that under no circumstances will M.SA be liable to Purchaser In;}I tf; for e•.conomir,special,indlcentaJlar€onsequentioltli3rn�igesnr lasses of any kintlw91ats0eve,incl udIng but not)hniteitto,loss ofanticipated pro Flts �. > rind any ether loss Caused by reason of the no n-operation of the goods.This excltlsiwi is applicable to cialms for breath of wo rranty,tortious conduct %1: i or any other Cause of action aga inst MSA.This warranty is in lieu of all other warranties,expressed,lmptted,or statutory f ndudiing,but not : limited to,an implied warrant of nierchantabffit or fitness for rticular ur oSe.IN additfon,MSA express! diarlairns an liah ill ���•:: Y P Y Y � P P Y Y `tlr fpr economic,spacial,incidental,or€onseq uential damages in any way connected with the solea,use of MSA,products,including.but not �•�' limited to,loss of anticipated profits. ;:w . MSA Teserwes the right to r€ylew and update tine warranty Cerins,as needed,to camplywith opplImble laws or Standards. 5 s #-' 5 IRM5a.• 1haSakyrtompaey WAmanda 5n; {,auhF'ry Ta.aMh.AYh 11104 Fie 7-w:9 ifJus 71 'r� IYMM,,MS146are77a6a1 ::ti+:: e::!•:f:'r. t•f' Jgxr: 01 @:0 572,322 �� ,�, :: •Fi .. 'r?;;� :;y a+ "�;•: U.S.Q1Stnaa,S61FAM CQnW rra 5)447l711W `..••, ,s,:'�'' .1:.'ri. ;,a i ±} :nr: Phnar 1 MSO YYih•]22l ^„ ti} ;i i• = ” ti 61Sd Ialo,nallonrl ,,,. :..::i•.-`::'% ">' ,�• �j;u, ax Fax 1.OA}?57-0048 Phone 72447541525 ;;.:;i::,_:rn...yw :'•:fele: f:Ei'*: r sr ; 10350071!-MCIfFerbruary2015 Tdifree 1.8Od•bT1•r,v! T }+� OMERMS PHII&Ldhi MS.A. Fax J#/dl-132 ,The St? tjF/02mPiliny yl`; • ii:.+._qn::K'+:+..:.-1i.. 4'.x+++,f::,�...n....210. �.+':'+.e,....�,w i e�.:�':.`•r:u.er::'..,yr.e...+.,...+.:n•.K:':.,•:: - :':f.r++:•.::...:.w. ,•.a._._ ..f:�•.� .,..� +,}•x.w..i.w:'S+:...r..,..._r/,•;::•:;\....:,.,,:::+.....a,ia.n.4....+.....r.-Ys:�•;.:'x.!•::..,<•.r:;•^,!w.u...f+..........+...+.............:.�:. ei.r.::.>.}:.`.ee. ..•... ....+.,+.a:•:::-.�*:i:ti•i•e:. r'.•.:r.'.:i•:=?*#i::ri::eS}:::::2e.::::`.� „5,. +::%:::::..+f::+r!,.:n.c.:.:.:f+.:e:.::.:.•::n:,::.R,:::+.:'+.:•"...::+,+::a:R,:a:,+:w,................_sr,.::.•::,<•a:...:+a:::+:+.,:,.:,.::,:+:»•.w.,+:+n:n.�.:....::e, a+....:....._..,.::-•:::::.+...»:.y:..:a.:.:�.;+.:.i::.:::w:•.ur: ».:•o-.......::.o-::-..:,seen,::n.r•' Page 279 of 1256 BENIFI-1 DIP U3,RB CERTIFICATE OF LIABILITY INSURANCE ®ATS{M X18 d 1 TH16 CERTIFICATE15 ISSUED AS A MATTER OF INFORMATION LY AND CONFERS NO RIGHTSCERTIFICATE L 1 CERTIFICATE DOET AFF1]RIAATIVELY OR NEGATIVELY AMFND, EXTENO OR ALTERTHE POLICIE8 BELOW. THS CERTIFICATEINSURANCE DOES NOT CONSTMTECONTRACT BETWEEN THE ISSUING I ¢ ;I, AUTHORIZED REPRESENTATIVE ,ANDTHE CERTIFICATE HOLDER. IMPORTANT; P-the rl cete holder i ITI AL INSURED, 16 Poly asst be andorlod. If SURROGATION IS WAIVED, subjeat to the torms and candlEm s of the palcy, certain pollcls2 may Te Dire an andarsamant. A sf aliument an this carifficate duos smi confer rl ltts to the cartfficaie hol i T in lieu of such 11 enlla pRobLWKkX NAME. Beth Hill T } PHONE IN '� - I :P.O. o o ,Gbn! € _ .Nal,.. c it , AL 36660FOWL Both H19 d..._ m I SU R( i AWORDNO COYMCE _ ICIf INU.... A®Arch! - _ ..... ..... rN UREd ........_Bennettr Products .,Inc INSURER13;The Hailfardlyisurance..Group PC Box 2458 Woodstoc K,GA 30 180 INSURE _.. r URS IE E! i ... rN••RR K• COVIDEAGES CERTIFICATE NUMBER- REVISION NUINSElt- 7918 18 TO CERTIFYTHAT THE POLICIES S C INSURANCE LISTED BELOW HAVEBEEN ISSRJED TO THE INSURED NAMED ABOVE- IAOR® THE POLICY PERIOD INDICATED. NO1WITH$TMDfNG ANY R.EQUIREMENT, TERM OR CONDITION Of ANY CONMAC7OR OTHEREll I RESPECT TO MICH THS GER71FICA7E MAY BE ISSUED OR MAY PERTAINL THE INSUWCE AFFORDED BY THE POLICIES DESORMEDHEREIN IS SUBJECT T L THE TERMS, r;XCLUSIONS AND CONOITIONS OFSUCH POLICIES.LIMITS Slid A BEEN REDUCE SYPAID CLAIMS. t R ­Ii' EPR pnC§E _.. LTR INEURA P LICYNUMf3 MIOdIMWPPTM LIMITS comimixiIi 63ENILITY r"h>".IIO Ua 'r1t; Ir -&vrsr Gcc°Jr� L 32111 1+4121716 D 12017 M; i -0 r I Im c•:c*) 1 GE14L jG*Av7.AIELN%IAPPI:II-3PER f=rrJ'F.°h F+:S RE G,1 kL _ "D HIAle 1:140- ,. CT ! L.W. ° • P?O".' Glte._t:[s Wit'".:= S ... , OL7, AUTOMOBILE LIAMLIT°Y s�`: I df5.;aLF.t:�• ®i,�D t FrlraaJl[a F 1 B3 119 031iV2018 =4120117 i`�ru r"N�uzY;ry�rserscn5 t r�1fI7� E{still°/.ril.j'RYI ... I t err.k"Mas P r a fi X5:1 F .... L E UMBRELLA I"RELLAGN11I3 SLIAO LL.hd- A. R COTE 'r P hTIOU S WORKERS COWENBA11ON AND EMPLOYERW LMILITY N I'Iz�I�,eI'xa,�fi �® ECN,T4 YIN WECZ:98.774 1 JF6112 iB 1 11A I:L.t: c:F iANj1-NTOF'-IC Fi%EYR.SV�YOZID TO rT�tNHI iL.VISEAVIE- �.k l=t:Yr`s=I $ _ 100800 t1 ::®..M,s®•tine 53er � e ti.dItEA�t•I°sr-t{,•v I hN1 T , 6 ®ESGRIPTI014 PF OPERATIONS a LOCATION6 LOCATIONrV HIC 'O ( O 151,Addillomil Romarlic Schedae,tray w aRwhod ff more s co is cequlredl ake County W named as additional insured if respect to eneral liability, r the attached form 00 GLO59610 if requirelbylen contract L- CERTIFICATE HOLDERA L T! LAKE004 191COULD ANY OF THE ABOVE DESCRIBED LI1 CAKCRLL912 1312FORN TtiE EXPIR&TION DATETHEREOF, NOTICE LL ME DELIVERED IN ACCORIDANCEIMITH THIEPOLICY P OV1 I S_ a d ,R politicalsub- division of the Statef FIL& R0FR9"N1'A711VZ Box 7900 64*46de"tc r 19119-20 1 Ti . All ri ghts reserved. ACO RD 2.5(2010 1) The ACORI]name and loge are registered marks of ACORD Page 280 of 1256 PURCHASE ORDER CITY OF BOYNTON FLORIDA BEACH, PROCUREMENT SERVICES 'T 3 Quantum Blvd. Suite ] 1 10 P.O. 190663 y P.O. ,BOX I 33425-0310 DATE: 01/11/19 VENDOR 17439 SHIP . On B & B UNDERGROUNDCONSTRUCTION City of Boynton Beach 4050 WESTGATE AVE. T UTILITY ADMIN STE 11.0 124 E. WOOLBRIGHT ROAD WEST PALM BEACH, FL 33409 BOYNTON BEACH, FL 33435 REQUISITION C. "72.540 ORDERING E "rMENT, UTIL 5 'CIINE INO T DATE NEEDED: 50 NO:, :T 11.F A ER APP:Ri 055 �� D,' � EXTENDED I QUANTITY UO ITE O. DESCRIPTION IT COST COST 1 44825. 00 I STATION 405 FORCE 1.0000 44825 .00 00 CONNECTIONPROJECT rsms REMA1MS LIFNATION405 ?RCE MAIN C NNEC ION PROJECT C iM VED (CONSTRUCTII LESS THAN 75x) ES� P.O. OIL44825,00 PCMB5 . ' I ACCOUNT NO. PROJECT 403-5000®535.55®04 SWR10 E PURCHASING Page 281 of 1256 F i <« 29-Jan-19 Requesting t: Utilftles Engineeringt r a ire FExpla�natlon for Bid - 211 -LfiForce i r Project ill the existing airf an existing i located at the intersection f SW 27th Avenue and Churchill Drivebehind Bethesda East ,,,, ;ala Construction under tl rl Inc. Source for Purchase (check and attach backup materials): Three r` t° GSA State Contact PRIDE/RESPECT SNAPS Sole Souroe ` dgeted Item ErneMency PurchaseOther Contract rd Bid 028-28211 I r � II H 8r� � r2� 4,03-5000-535-.65-04 SWRI 02 Fund Source fbr Purchase: Department Head Date Purchasing ate ( .v t - Asst City Manager Date anager .., . � ate f Form Revised OWDIM Page 282 of 1256 -) Git bh 1 1 ,a.,.m � � 1 0 u, Ln a i ' (14 tV t I I k I 1 1 1 H I 1 1 I 1 1 I r I 1 1 I I a U H 1 0IX El Rp D 1 1 1 I + CD I I p 1 C 9 N H IOD co1 I CD I i I Pi E-0 E-I I C) rA H w 1 0 1" tlI e. Hi c) I H fn P3 C3 m u usI ftp i H I H 1 1 IC4 41 w i C1cy tv pq ON i FF43(2 p °)0 290 E+ HEa HP4 W H 0 Fe 1 LnI H En 0r N ; H Tat IDD H E� H i H 1O H I I i 1 I ray 1 i .n IP} ON ' H Mr �aA r ; C7Hr 0 0 FAcl A4 � I-' 1 1 0 P H i t1] Et 1 P,f0 En I 1 4 E+ 1 " � i a H ca 0 R7 Im ufel i � ? [$� H Fie i 7a] H , E-r rn Ln H E on i 0 rc M1 EA I OHM 18� H 1 RN � LnLJ f� co HH 1 H iUm H ®w EIr� 1 I 1 Cts r I fw i E-1 14H crS i Ea HH C U �l 1 H E-R IX H H ' H CJ r to H 1 ; 'r-,IH Fl Crd u Page 283 of 1256 REQUEST FOR REQUISITION H.T.E.ENTRY DATE: 1/8/2 H.T.E.REQUISI'FION 72940 Contract Coordinator. T. Pratt Director-Joseph Paterniti City.Manager(non dgc C ital dtr$50o - BID#028-2821-18/TP, Lift Station 405 Force Main Connection Pr ect. Connection of an existiro 8"for main to an hrohiii ripe ire o r�tcar� each behind the eteda apt ioa ital. N: Date: 1/8/2019 ASAP (X) ring Date Needed: -do—nfir m. ( ) Suite 110 Cunt, Rel. P/ orf, ) West Palm each, FL 33409 Distribution 'BACKUP'DOCS. DELIVERY. SUBMITTED: Phone (contact):Stephen Decker, President I Water'Qual. QuotesNerbal E.Admin. 40 Email: (over$500)Phone; 501�2g041 (X ) Pumping QuotesNVritten E. WTP 41 Fax:– 561-345-3767 fever $2000) Vendor Number 174391 PWT—reat, ( Bid Does. (X) W.WTP 4-2 —Meter—S., ( --gole—SourceLtr. P/U 99 INITIATOR. Christopher Roschek, P.E., Sewage (X) Insurance Special Instructionds: I Re ulrements- StrrnMr. Project Number: BID0028-2821-INTP SWRI02 an. UnItIorice Desori ntion &Part Number Fund De t Basic Elem ON Amount 'a F1 E$44,,P2rc00 Lift Station 405 For Main Connection 403 5000 535 65 04 $44,825.00 Project TOTAL $44,825.00 Page 284 of 1256 OR K 03SE3 RECORDED 12/20/2018 12123211 Palm Reach Coon 9 t Florida F14 201804763,60 Sharon R. ck'CL K COMPTROLLER ss 0388 n 391; 17 qst 0 2613 PERFORMANCE BOND I KNOW ALL MEN BY THESE PRESENTS: t Undwground o k Ing. (IIIContractor) 4G5QWes1UataAye.,SuXe IM West Palm Beach,FL334M as Principal, (Address r legal tit r) hereinafter l t r, and Westfiald Insurenm c2r%any.Oro Park Circle, r 44 1 and address as Surety, hereinafter called Surety,are hold and firmly bound unto CITY IFLORIDAi r called Owner, in the amountf ' r-ody Four ht Hu l t Flya&00/10Q Dollars for payment whereofr t r and Surety1 [ sir F helps, executors, administrators, successom and as' signs, jointly ll , firmly presents. ! i I I Contractor has by writtenI into r for Ift8tabon405 Force Main Connecgon,ENd No. 1-1 accordancespecifications & iota contract is by referencef,and 1B hereinafter rebrred to as the Contract. BMW Beach 1 —Lift Station 405 Porm Main ConnectionP 1 THIS R Page 285 of 12 6 NOW THEREFORE, THE CONDITION OF THIS OBUGATION is such that, if Contmetor shall promptly and faithfully perform such Contract,then this obligation shall be null and Vold,otherwise ltrihall 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 Owners obligations thereunder, the Surety may promptly remedy the default, or shall promptly: 1. Complete the Contract in accordance with its torms; and conditions,or Z 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 Su"jointly of the most responsible bidder, affange for a contract between such bidder and Owner, and make available as work progresses (even though there should be a defauk or a succession of defaults under the contract or contracts of completion arranged under this paragraph)sufficient funds to pay the cost of completion I ess the balance of the contract price. but not exoeedng, 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, I ess 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 fags 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 complance with Section 265.05, Fladda Statutes as may be amended. A claimant, except a laborer, who Is not In privily with the Contractor and who has not received payment for its labor, materials, or supplies shall,within 45 days after beginning to fumish labor, materials, or supplies for the prosecution of the work,lumish the Contractor with a notice that he Intends to look to the bond for protection. A claimant who Is not In prWdy with the Contractor and who has not received payment for 'its labor, materials, or supplies shah, within 90 days after performance of the labor or after complete delivery of ft materials or supplies, deliver to the Contractor and to the Surety written notice of the performance of the labor or delivery of the matedals or supplies and the nonpayment. No action for the laboir, materials, or supplies may be Instituted against the Contractor or the Surety unless both notloss have been given..No action shall be Instituted against the Contractor or the Surety on the bond after one (1) year from the perfarinance of the labor or completion of delivery of the materials or supplle% Boynton Beach 1.111111les-Uft Station 405 Force Main Connedon PFB-2 THIS FORM SHALL BE M(ECUTED BY CON71RACM AND SUBMITTED AUNIM Page 286 of 1256 1 I f_. 1 . Underoround Constructfort,Inc. Principal I asp7 onerpfflwe, Ste on Danner,PreaMent Title Wastfield Insurance company WitnessSurety 'fgy4yy4§ r jet Afforney -Fad BrMftsel P.Boder,Agent ttom .', a , ' R v. 5• i: `e't e END OF PEREQRMANRLMM Boynton Beach Y an, t a AIAWARD Page 287 of 1256 #9962613 PAYMENT BOND THIS BOND IS ISSUED SIMULTANEOUSLYWITH CONDITIONEDOWNER r L PERFORMANCE OF THE CONTRACT PRESENTS,KNOW ALL MEN BY THESE that Und rgrcisnd C onstrumt sl,lace (Insert name of Contractor) 0 Westgate Ave.,Suke 11 Oi irs Roach.FL 33409 as Principal, (Address or legal title of contractor) hereinafter call Pin 1, and Weaffield Insurance Company,One Park Circle,ftstfield Center,OH 261 (Nams and address of Surety) as Surety, hereinafter called Surety,am hold ou to CITY OF BOYNTON REACH, ®BOYNTON BEACH, FLOPJDA 33425-0310C r i or called n r, for the use andIt of claimants as hereI in , In the amount of Foq Four Thousand Rant Hund °r my Five&001100 p whereofPrincipal n in themselves, their Dollars r payment� �, heirs, executors, i ' r o , succassom andassigns, jointly nseverally, firmly by these presents. Principal has by n agreement dated � y 2018, entered into a contrad vifth Ownerfor I accordance its drawings and specificationsn/a which contract is by reference, hereof,and is hereinafter referred to as the Contract. NOW THEREFORE, THE CONDITION OF THIS OBLIGATION Is t, if PrincipalII promptlyto all claimants as hereinafter defined,f r alll r and material used or reasonably requiredr use in the performancethe Contract,then this obligation shall be null and void; ottienvise It shall remain In full force and , however, to the following co 1. A claimant is defined as one having directontr with the Pflnclpal orwith a subcontractor of the Prinrfipal for labor, 1 or both, used or reasonably required for use In the pedormance of the Contract, I r and materialoi ng construedt partf water, Daynion Reach !! 4 Uft Stallon 403 Fo t AIAWM Page 288 of 1256 power, light, t, oil, gasoline, telephone servicet i tly applicable to the tr . 2, The above named Principal n y jointly l{ ree with the Ownerthat every clairriant as herein defined, who has not been paidll before the expirationf periodf ninety(90)days after the date on whichlast of such clalmant'sr labor was performed,done or t furnished claimant, may sue on this the use of such claimant, prosecute the suit to judgment be Justly due claimant, i ll not be liable for the payment of any costsit. action& No suit or ll be commenced hereunder by any claimant: a. Unless claimant-, other than one havingthe Principal, shall have givenf the following: , the Owner, or ft Surety named,above within ninetyI i t performed the last of the r labor,or furnished the last of the materials for whichclaimant is made,staling with substantial accuracy the amount claimedthe party to whom the materialsi , or for when the work orl notice shall be served by mailing t mail it, postage prepaid, I n t # Principal,Owner or Surety, at any place where regularlyan office Is i i r the transaction , or served In r In whichf process may be served In the Statein which the aforeseldis located, save f such service read not be made by a public officer. ® After the expiration (t)yearf i l ceased work on beingsuch Contract, it t s however, that If any limitation embodied in this is prohibited by any law controllingf such limilation shall be deemed equalto be amended so as to be to the minimumlimitation permitted by such law. . Other then In a State Court of competent jurisdiction in and for the County or other political subdivision f the State In whichthe Project, or any part thereof, is situated, or in the Unitedisor the.districtIn which the Project, , Is elsewhere.situated, and not 4. The amount of this i be reduced by and to the extent of a payment or payments made in good faith hereunder, inclusive r f mechanics liens which recordmay be filed of i improvements, whether or not claim such lien r r and against this This Issued in complianceit ,Florida Statutes,'as may be amended. A claimant,except a laborer,who Is rl ` r and who has nut received payment for Its labor, materials, or supplies shall, withinr beginning to furnish labor, materials, or supplies fort r i , furnish the Contractor with notice that he Intends to look to the bond for protection, A claimantIs t In rif the Contractor and who has not receivedlabor, materials, or suppliesf, within 90 days after performancelabor or after completedelivery materials deliver the to the Surety written notice of the perfbrmance labor or delivery oft r supplies and the nonpayment. No action for ft labor, materials, or suppliesInstituted I t the Contractor or the Surety unless notices have been given. No action shall be Instituted ag;finst the Contractor ortSurety on Boynton Beach tli° Force MaInn k THIS FORM SHALL BE EXECUIT,ED,I YCONTRAMOR AND§U L*ITT Page 289 of 1256 tbe bond r one ( year from the performance of the labor or completion of.deW of the materialA or supplies. Signed d sealed thisJig day of X 20% i I Stephen Decker,President Wastfield Insumce Company Surety kya f Witness iht , er® art tDmA + mo END OF Boynton 111 tion 405 Force Main SHALLTHIS FORM ME EXECUTED BY CONTRACTOR AND SUBMITTED AXAM112 Page 290 of 1256 General POWER NO, 0992212 00 Power Westfield Insurance Co. of Attorney Westfield National Insurance Co. IFI ICY Ohio Farmers Insurance Co. ------------------ .............. ------W. mstfleld Center,Ohio Know A#Alm i That WESTFIELD INSURMCE COM�AMY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURAZIETWAAM hereinafter rare" to lndlvkluafl and ec' ' 0 fes, oft a=NEdKemar.Me=*C-;."800hrr,�do byth organized and existing under the laws TIVS-1.5i,of Olga,and hawnif Its principal 11�im"in Zke.constitute a a cont NR K.maROD,R, ,,,AndL;P BROVER,JOINTLY OR SEVERALLY of DAME and State of FL Its One and Iawftd Anorney(s)-in-Faa with rullpo_wer and authority her coiterred in its name, place and stead, to execute,acknoMedge and deliver any and all bonds,recognizances,undertakings,oroffier instfiannaft or contracts of suretyship- - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - -- - - - -- LIMITAIM. TINS POWER OF ATTORNEY CANNOT BE USED TO EXECUTE NOTE GUARANTEE, MORTGAGE DEFICIENCY, MORTGAGE ONDS, as fully and to the same extent as If such bonds were signed the President sealed with the corporato _its Secretary,her s2ing and continuing all 114 &Rested by I t the said Afforne -Fact may do In under and It -*)4n Ig authad of thIV- 111 in resolution ads %the Board of Directors of each or the- it STFIELD NATI NAL INSUANCE COMPZY and OHIO F RME INSURANCE COMPANY: Serlor Exaculthre,arry Secre"or arty Fidel &Surety Operations Exectifivoorother Executive shall authority to a Int any one or more suftaft,persons as Attonney(s)-in-Faa to represent and act for rallcraft- =ilans: 'r The A fformmayr-hi- Many full authority for and in the name of and on behalfac ny.or the tat etledd xecue, knowge an deliver,any and all nca%conav=agreements at Iaiti ndamn nd bitter condonal or obcWIT119zly undertakings and any and all notices and documents cariceing or tierminabrig as Ccemppuy's flablill %areunclar, and any such Instrurnents so executed by or I$ V such at shat. s trace of any h d rs arscl seal of part ore or a to on ref airs to re am roto -lari ,aced as of a tar r1 to le strsatsars or fa3cslns! E COMPANY, TFIELD NATIONAL INSURANCE COMPANY and OMO FARMERS INSURMCE e to a ad by their National So"Leader and Senior Enciallve and they Morate seals to be berets D.. 14 corporate &QN-At seals WESTFIELD INSURANCE COMPANY WESTFIELD NATIONAL INSURANCE COMPANY AfflNeed RAW # ye ff OH] FARMERS INSURANCE COMPANY WEJW 3c SEALruls AW E�r State of Ohio Dennis P.San$,MR aiihir and C.15 County of Medina On this 21st day of tAARCH AD,20114.before me personally came DaMft p.Baus to me and sazftt he resIder.In Wooster, Ohio;that he is National Sure Leader and 3 1 NY.M FIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS NSU CEAC A I executed dee some Instrument;that he Imneas line seals of sold CO(apaides.ftt the seals affixed to sold they were so affixed by order of the Mards of Directors of said Com pardes,and that he signed his name ...... .... Notarial .0 Seal qtkAL Ail rya b C" David A.Koltruk Attorney at Law, Rim State of Ohio '�N ry' 4 My Commission Does Not Expire(S _J . 0M�Jcvwisd Code) County of Medina as.; 'op OFO 1,Frank A.Canino,Secretary of WESTFIELD INSURANCE COMPANY, TFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPAW do her cartWy that thea and foregoing is a true and corred cap _y of a Power of Aftorn 11 in full force and effect:and furthermore,the resolutions of the Boards of Difiactors,set Out in the PaAear of Attorney are Comiardes,which is sb _ey.exemled by said In In force aM effect. In ISTMess Wnemvf I have h set my hand and afted the seals of said Companies at Westfield Comer, ONO, this day of 2018 A /* SEAL 'f t.1--1�' A 1646 & ? Fratnk A. a®Secretary C, 'TAT FLOPfr ElPOAC2(combined)(06-oz) E 0, uA - PAl..4 BEACH(:0,jNjV hcEbY UriHv that IN-7 fDregring M a Gy hmcnrd in my ro!14�ce W1f F, rue coo of 1e feclaclic -ns, 4 anX-as,re q ui red by I aAr SHARON P, BocK By Page 291 of 1256 I. Wong Request for Taxpayer Give Form to the Rev.October 2018) Identification Number and Certiflcation uester.Do not D, lel, M4 res.=:a S=q 1"60 to MAQUA-im-goviFormIAM for instructions and the latest Information. send to the IRS. I Name W shown on your Incarns tax ralumf No 3 Check appropriate bux for federal tax cls in Of"Perzon whose name Is entered an Ane 1.Check only am of the 4 ExOniAlons fences epply only to follovAno seven boxes. certain antigan�net individuals:see 55 El ludhAdua9cole,propriefor or C Corporation lj�a Corpruelon partnership TwWastale Instruffibno on page 8): 'IV 07M 14 the 4 E� iu _q led a g se kms5 state . 0 Wnflle�qnsmbsr LLC sce o' C Exempt da Of mrsd_ I [] Limited liability company.Enter the tax classification(QmC cropuration,SuS corperation,P_-Ndn9mtqp)b 0 Who Check the appropriate baft In the linea far the tax clasAcalion of the Singleer owner. Do not dmk Exemption bum FAT CA reporting LLC If am LLC Is classified as a Wnfile-member LLC that Is disregarded from the ower unless the owner of the LLC Is another LLC thal Is not chonsearded frarn the ownar for U.S.federal tax purposes.Otherwise,a single-member LLC t cods6fany) IL Is dbragardec!Imm the Owner should check the appropriate box for the lax Chreditcation of Its owner. E] Cow then Instructiom) to sa,U.&I 6 Address(number,of"st,and W.Or suits no-)&0�hWWGWM Requader%name androsIr toploseg arJ 6 City.& or ' LZ ; M E N �dd avoid Goals! E your Ti yo with iding a given on line 1 to avoid Social security number 0 ha skUp allo�trofa bar(SSN).However,for a dent n n ale"die we Part 1,beer.For other t,later. umbar,age Now to got 4 0] N or ®If the accourd Is In more than-one name,see the instructions for line 1.Alan see What Name andyear cods"number Number To Give the Requester for guidelines on whose number to enter, LEER! &Wa!q 17 49 q 1/ L 9 Linder 0 penalties of perjury,I on Ify thata cart 1.The number shown on thief Is my correct taxpayer Identification number(or I am wolfing for a number to be Issued to me);and .1 am not subject to backup rulftokfing because:(8)1 BM OWnpl:from backup withholding,or(b)I have not been nodfled by the Internal Floverrue Service ORS)that I am subject to backup withholding as a result of a fallure to report all Interest or dMdends,or(c)the IRS has notified me that I am no longer subject to backup withholding,and 3.1 Wn 0 U.S.011112an or other U.S.person(defined belmv);and 4.The FATCA code(s)entered on this form(it any)Indicating that I am exempt from FAT CA reporting Is Correct. Codbleadon Instructions.You must cross out item 2 above N you have been notified by the IRS that you are currently subject to backup withholding because you haws failed to report all interest and dividends on your tax return.For real estate transactions,Item 2 does nut apply.For mortgage Interest paid, acquisition or abandonment of assured property,cancellation of debt,contributions to an Individual retirement arrangement ORA),and generally.payments other than Interest:and dividends,you am not required to sign the cartification,but you must provide Your correct TIN.Se®the losidpotim for Part 11,haw. Sign 819hative of Here UA person I, General Instructions from stocks or mutual Section references are to the internal Ravennue a se h noted. pdzes,awards,or gross Future developments.For the latest information about developments related to Form W-9 and Its Instructions,such as legislation enacted Form 1099-8(stock or mutual fund sales and contest other after they were published,go to armv.ft�gowf:ormW9, transactions by broke* a Form 1099-8(Proceeds from real estate transactions) Purpose of Form a Form 109"(merchant card and third party network transactions) An Individual or onfily(Form W-9 requested who Is required In file an a Form 1098(home mortgage interest),I WO-E(student ban IntereaQ, information return with the IRS must obtain YOUr sweet taxpayer 1098-1-guRion) Identification number MM which may be your social security number a Form 1 09C-C(canceled debt) SN),individual taxpayer identification number(ITIM,adoption tautpayer Identiffaution number(ATIN),or employer Identification number ®Form 1 099-A lacquisition or abandonment of secured property) IF lkl),to report an an Information return The amount paid to you,or other Use Form W-9 only If you we a U.S,person Occluding a resident amount reportable on an Information return®Examples of information allen),to provide your correct TIN. returns Include,but are not Indled to,the following. if do not return Fwm W-9 to the requester with a 77N.you adght Form 1 099-INT Deforest earned or pskg be subject to backip WithhOW9.Sea What Is backup withholding, A11W I CC .1 1 W-9—0-.10-201 to I Page 292 of 1216 Y`§ F�- CONSTRUCTION CONTRACT LIFT STATION 405 FORCE MAIN CONNECTION THIS is entered intabetween the Imunicipal corporation, hereinafter referredt s "CITY", and ,CONSTRUCTION corporationu o do business in the State of Florida, hereinafter referred to as the u T THEREFORE, and CONTRACTOR, in consideration of the mutual covenants hereinafter s t forth, r sfollows: Article1. W`ORV- CONTRACTOR shall furnish all plant, labor, materials, and equipment and perform all the necessary WORK in the manner and form providedIn the Contract Documents entitled: 1STA71ON 405 FORCE MAIN CONNECTION,Witation to Wid1-1 Articleu cf nt n �(' r) has designed the Project and Y411 assume all duties and responsibilities n ili have the rights and authority assigned to CONSULTANT in connection completion of the WORK in accordance with ft Contract Documents. II ! 3.1 The WORK willsubstantially comp( in90 lendar days from the date when the Contract Time n s to run as providedin paragraph . the General Conditions, and completedn 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 s. The CITYn T nits and acknowledget time of the essenceis Contract andI ill suffer financial loss if the WORK is not completedWithin the times specified in paragraph 3.1above, lus any extensions thereof allowed in nce with Article 12 of the General Conditions. Each of the parties acknouiledges that it has attempted to quantifyis uld be suffered CITY in the event of the failureof CONTRACTORin a timely manner. but neither one has been capable of ascertainingc b a certainty, CITYd CONTRACTOR Iso recognize andacknowledge the delays, expense andicu i involved in proving in a legal precedingt l loss suffered y the is not completed on time. Accordingly, instead of requiringn such proof,the CITY and CONTRACTOR at as liquidated Dollars r lay t ot s It T shall pay the CITY, _7WO HUNDRED— y that expires after the time specified in paragraphs ami for substantial completion until the WORK is substantially co r Substantial Completion,if CONTRACTOR shall neglect, f or fail to complete the remaining WORK within the Contracti r any proper extension thereof n y the CITY, CONTRACTOR shall pay CITY FIFTYIl r each day that expires after the time specified in paragraph 3.1 for lotian and readiness for final payment. Article I CITY shall pay CONTRACTOR, rfaithful n ontm in lawful money of the United s Boynton Beach Utilities— tion 405 Force Main Connection Revised 11/2010 Page 293 of 1256 of America, and subject to the additions and deductions as provided in the Contract Documents, a total sum as follows: as on the Contract prices shown in the Bid Fonn submitted to the CITY as subsequently revised and as stated herein,a copy of such Bid Form being a part of the Conti-act Documents, the aggregate amount of this Contract (oWned from either the lump surni prke, the application Of unit prices to the quantkies shown In the Bid Form or the combination of both)not to exceed: (Written) (Numerical) Article 5. EAYMENT 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 int case of Unit Price or based on the number of units completed or, in the event there is no schedule of values, as provided int 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 14.6 of the General Condition & 5.3 CONTRACTOR shall submit with each Application for Payment, and updated progress schedule acceptable to the CITY and a Warranty of Tidelrelease of liens relative to the or that is the subject of the Application. Each Application fbr Payment shall be submitted to the CITY for approval. The CITY shall make payrnent 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( )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 After fifty(60)percent completion of the construction work purchased under the Contact has been reached,five(5) percent of all monies earned by the CONTRACTOR shall be retained by the CITY until in Completion and acceptance by CITY, 8.6 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. Detective or 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 roe to SUBCONTRACTORS Boynton Beach Utilities—Lift Station 405 For Main Connection C-2 Revised 11/2018 Page 294 of 1256 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. BY Final Payment Upon final completion and acceptance of the WORK in accordance with paragraph 14.1 oft General Conditions, CITY shall pay the remainder of the Contract Price as recommended by CONSULTANT as provided in paragraph 14.10. Article 6. gONTRACTORGUARANTEE. CONTRACTOR warrants all work, materials and equipment shall be free from damages and/or defects in to faulty materials or workmanship for a period of one(1)year aftercOmpletion 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 with in twelve(12) can period. Article 7. CONTRACT_DOCUMENTS. The Documents hereinafter listed shall for 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 Bidder's 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) T4 Contract 7-5 Contracler's Performance and Payment Bond 7,6 General Conditions 7.7 Special Conditions 7.8 Technical Specifications 7.9 Drawings entitled:Cover,APPENDI " 7.10 Addendum No. 1 Dated October 12,2018. 7.11 Addendum No.2 Dated October 15, 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 Copy to: Procurement Services Attn: Juan Cuertas,Assoc. Engineer Attn: Director of Finance 124 E. Woolbright Road City of Boynton Beach Boynton Beach, FL 33435 3301 Quantum Boulevard, Suite 101 Tel(561)742-6437 Boynton Beach FL 33426 Tel(561 742-6322 Fox(56ILZ4Z-6316 Boynton Beach 7'le —Uff Station 405 Force Main Con ion C-3 Revised 1112018 Page 295 of 1256 And If sent to the CONTRACTOR shall be mailed to- B& B Underground Construction, Inc. 4050 Westgate Avenue, Suite 110 West Palm Beach, FL 33409 Attn:Stephen Decker, President Tel: 561-249-0341 Fax: 561-345-3767 Email.,aderkerabbuconstcom A-edcllIq0EMNI1Y 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 a ents g 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 Ronda Statutes 725.06. It is further Ihe specific intent and agreement of said parties that all of the Contract Documents an this Project are hereby amended to include the foregoing indemnification and the Specific Consideration. Arflrda ,10, REMURSEMENT, QFP.0NSUL-1 ANT 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 dudng the parlod between said specified or adjusted time and the actual date of final completion. All such expenses for consulting and inspection incurred by the CITY wIII be charged to CONTRACTOR and be deducted frorn 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. Articie,11- FLORIDA'SFt -KOROS LAW. The City is a public agency subject to Chapter 11 ,Florida Statutes. The Contractor shall comply with Florida's Public Records Low. 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 Cl custodian of public records, provide the C 17Y with a copy of the requested records ori the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 11 9, 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 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 on completion of the contra4 Cinn shall transfer to the CITY,at no cost to the CITY, all public records in Contractors possession. All records stored Wectronically by Contractor must be provided to the CITY, upon request from the CrrYs custodian of public records, in a format that is compatible with the inforrnation technology systems of the CITY Boynton each Ufflitier.-Lift Station 405 Force Main Connection C-4 Revised 1WO18 Page 296 of 1256 11.5 141F 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) 3301 QUANTUM BOULEVARD, SUITE 101 BOYNTON BEACH, FLOPJDA, 33426 561-742-6061 PYLEJ@BBFL.US Article 12. SCRUTINIZED COMPANIES 287.135 and 216.473. By submission oft is Bid,Proposer certifies that Proposer is not participafing in a boycottof Israel.Proposer further certffies that Proposer is not on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has Contractor been engaged in business operations in Syria. Subject to limited exceptions provided in state law, the City will not contract for the provision of goods or services with any scrutinized company referred to above. Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to Contractor of the City's determination concerning the false certification. Con tractorshall have five(5)days from receipt of notice to refute the false certification allegation. If such false certification is discovered during the active contract term, Contractor shall have ninety (90) days fbilowing receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If Contractor does not demonstrate that the City's determination of false certification was made in error then the City shall have the right to terminate the contract and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time. Solicitation responses of$1 million or more must include the attached Scrutinized Companies form to cedfy that the Proposer is not on either of those lists Article 13. 1J1&gZ1LANE0LI . 13.1 No assignment by a party hereto of any rights under or interests in the Contract Documents villf be binding on another party hereto wfthout 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. 113.2 CITY and CONTRACTOR each binds itself, it partners, s o signs and legal representatives to the other party hereto, it partners, successors, assigns and legal representatives in respect of all covenants, agreements and obligations contained in the Contract Documents, Boynton Beach Utilities—Lift Station 405 Force Main Connection C-5 Revised 11/2018 Page 297 of 1256 FoDIN W1 r TN IN WITNESS WHEREOF, the parties have hereunto set their hands and seals on the day rt and year set fbith befow their respective signatures, a year sot fo I W I N WITNESS WHEREOF,the parties hereto have executed this Contract in multiple copies, each IT 9S W o fw e f which shall be considered an original on the f6flowing dates- tllc)t shall DATED this day of_ 2018. CITY OF BOYNTON BEACH ............. -------- - - -------------------------- City Manager Cont -tor AttesUAuthenticated: Tftle (Corporate Seal) pity e at rk Approv as t o AftesVAuthenticated: , p OJo f n�e.;y z ---------—------- I the C� ��retry Boynton Beach UtiflUes-UR Station 405 ForCe in Connection C-6 ReAsed'19t 1 8 Page 298 of 1256 AC4C>R CERTIFICATE OF LIABILITY TEI 1 12/3/2018 THIS CERTIFICATE ISSUED S R O W O M T'IOIN ONLY AND CONFERS RIGHTS TS O THE CERTIFICATE HOLDER.T i CERTIFICATE DOES "FIR LY NE ELY EON , EXTEND O LT THE O AUT R "TINE CIES BELOW THIS CERTIFICATE OF IN IN NCE DOES NOT CONSTITUTE T NEIWEEN THE ISSUING IN UVRER( ), AUTHORIZED REPRESENTA71VE OR PRODUCER,,ANS THE CERTIFICATE 1-101.019k IMPORTANT* it tho cortifkatotlmmr �r I Im I ITIO L IINSU @ tlmE UIID I rr IIS > IT SUBROGA71ON IS WAIVED,subW to the terms and concifflans of the policy,certain policies may r Ru ke an andamoment, AI statment an this coMicafte does not confer d9ft to She mm to Renter in lieu ofauch ends ment . P � � ndrickmon Bzown & Bwown of LeeaburgI1�0NgE $ 2�7��- 1 uP.t� t ���7msr- �2� VO Box 491634 Leesburg 34749-1.535 ' e lxm � 2112 INSURER 3 � �m��e1 S ate Cpm 1 3350 S 'Undergro=d Constructlan, Inc. mrISU P.O. Box 569 INSURER 0, mIdOUR �: Indiantown rL 34955 IgTCu P: w COVERAGES CERTIFICATE NUMBER-18-19 REVISIOVN NUMBER. THIS IS TO CELT IFY THAT THE POLICIES OF INSURANCE USTED BELOW HAVE SEEN ISSUED"T E INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICA7ED, N07W'rHSTANDWG ANY REQUIREMENT,T 9 OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT UlTH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE F RDED QST THE POLICIES DESCRIBED HEREIN IS SUBJECT TO,ALL THE TERMS, EXCLI)SIONS AND CONDITIONS OF SUCH POLICIES.LAIrTS SHOYM MAY HAVE SEEN REDUCED BY PAID CL no I�'SR 3 Of€ U' E Am P L.1 'Y N HER I�kCY P Umq TA :COMMERCIAL '� E ITIS SCR t9mCE UR Y "'T 3D0r000 7333H7 3/20/2018 3120/2023 @NErj__ we sawnI ..,..._... ........... 7.0,000 POUSONAL ADV INJURY Ii _ 1x000,000 AGGREGATE UMIT APPLIES PER: CRE TE � �P 000'000 moo "y LCC PR�Cl1L -C� � 0,000 , CYTHER: AUMMOISILELIABILITAE0 L6h61 1 s 0,000 A X ANY AUTO ALLC86LY# Y trParI R EES SCFEDLLED .................a.,....._...- ---- AUTOS T 3 ��r 31 T 3d2em120m„ MULY I) HIRED AD P P IWAGE �........................... mA i a ms S 2,000 UN113KRULA UPS X , EACH OCCURRENCE S 2 000 000 AGGREGATE- 0 _ X00 Qa10 D REiEW3Y"1— CH43753587 07/0312018, 3/2012019 WORKERS MPENSA YP AND EM as YINRS'UARIL1TY YTATUT ER �- ANY zs � qm EXCLUDED? ' N r A E.L.LACH ACCIDENT � 1,coo 000 S1ryIunder n H 0194-38695 3/20/201 3,/20/201'.9 E.L DIS` e-FA LOPE � 1 000 coo IPTIDN O RIPEJ-DISEASE- LILY 17'"Fr t 1 000 0®0 rlm�s Leased or Rented Equip 0,50753537 3120/2010 3/2012020 LI ° ed *250,000/1.000 Installation r1oater CM3733567 3120/2015 3/20/2013 Lh $300,000/1,000 0ESCR UP(WEPAMONSI LOCATIONS I VEHICLES(ACORD 101,Add al Remaft Ifthedfttray 0e attached If mom space tiro mqul I RE: Lilt Statlon 405 Foram Maino ' lon - 028-2821-IS/TP CERTIFICATE HOLDER CANCELLATION (561)742- 316 SHOULD ANY OF THE ABOVE DESCRIBED "155 BE CANCELLED BEFORE .N.ty of Boynton Beach THE EXPIRATION EREOF, NOTICE WILL BE DELIVERED Is ITT Qaantum Beach ACCORDANCE W1 E POLICY PROVISIONS. suite 101. Boynton Beach, FL 33426 AUTINmIZED REPRESENTATIVE V'IN8-2014 ACORD CORPORAnON. All rights reserved. ACORD 2E(2014101) T?m ACORD name logo are mgIstemdmarks of ACORD INS1023onisw Page 299 of 1256 ITY PURCHASE ORDER FLORIDA PROCUREMENT SERVICES DEPARTMENT 3307 Quantum Blvd. Suite RT VENDOR BOYNTON BEACH; O® IDA 33425- 17251 037o P•0. 1906e8 DATE: 01/7.7/19 TO; CALVIN, GIORDANO 1800 ELLERASSOCIATES SHIP TO: FT L'AUDERDALLE, • S 6,TE. 600 City of Bo FL 33316 PUBLIC WoRrnt®n Beach 222 N.R. S DEPARTMENT E9TH AVENUE REQUISITION NO. 72951 ORDERING DEPARTMENT.EEDED: ENGI TEFsUYNTON BEACH, FL 33435 DATE E �7G/PIS/S BIO NO, r LINE# QUANTITY UOM co � I 42900. AND DESCRIPTION 00 DL ITEM NO.CORRIDOR p UNIT COST EXT RFQ NO. 046-2821-17/TP 46-PLANNING STUDIES COSTED 2821 17/TP 1.0000 Task Order No.,.; 42500. 00 2 2100. 00 DL SUB A � -CONSU,� fzd . ear .. z.0000 the oomp� arice luat '< 2100. 00 of eztixg curb nerwa stiQns n Wimps at o e $ t i Y w t2zzri the .BOYntOn $eao Rx�.t`of ,Ways. 'ie.1d reviewg. Wzll dude, one ria neerl.ng tehriicla and senic5r ' 4e services engineer: wail be rovzd tensivd htarly due to :the a count .of rampa Wi-ih'n ientfled roadw the, B :: Cari Bed6h a in Px Z:m-Ularryy h xa.g t-of-rNay e�tlmated :hc5url. . e �bZshed bash dap has been Z0 curbs ram d On Rlos .a 1?atin `.from the City xe1aZ gs System . , ,An, addj t�.onal ser agreefi�,nt Will vice ' rcvx;ded to a::ncrea tie hour) rem ems weld zf. tnyand 100 irb ramps hourly o a �s exee dd. . service.: t :e hours frim Sor the field raz ?ortaurxng reviews. 3 . The initial phase is to document and field assess the existing conditions of each ex' 5 PROCUREMENT SERVICES: ACCOUNT N01'.O. TOTAL; 3-D3 303-4904-5.41.6PROJECT TR1701 PURCHASING Page 300 of 1256 PURCHASE ORDER CITY OF BOYNTON FLORIDA BEACH, PROCUREMENT SERVICES DEPARTMENT 3307 Quantum Blvd. Suite 10 1 -030 DATE: 01%17/19 VN 17251 Y TON EACH, FLORIDA BOX 33425 # 90688 SHIP TO: VIN, GIO D O ASSOCIATES, City of Boynton Beach lsaa ELLER DR. , STE. 608 FT RD , FL 3331& PUBLIC WORKS DEPARTMENT 222 N.E. 9TH AVENUE BOYNTON BEACH, FL 33435 REQUISITION NO. 7.2951 ORDERING DEPARTMENT-ENT- ENGINEERING/pm/S I �! DATE NEEDED: RIS n. COMMISSION APPROVED- LINE# QUANTITY UOM ITEM NO• AND DESCRIPTIONEXTENDED UNIT COST COST curb ramp including the measured Slop and other ADA compliances r andmts then 109 t: results i0 an oei I7ek 4 Thz:s X z p s se s rto include pra ding ie r iw0r taking masumete sidewalk: . ess nit at the Boynton Bead xt =dns.. se se ices mai be prcidc s C ® a> utur e of the r ect. a : %'s itlal.phase a snot xiude xevzewi pedestrian signal trst euro :ca 1.i oe. 'kse er�riaes :c ? e pr®vided . as Artof thy. xtue .phase of the .pro�:ect P 'cso.s . 6 This s:c®die d services does. not, . C. de s i. . rie plans . para-ion 0 .co mer- . :Y.m oVi� ents:. Tk� e seruces. c e provided s 'n a nal: srxc as: re este ..`kZy the RE EVALUATE Co C"E OF' EXISTING CURB PS AT INTERSECTIONS ON ROADWAYS WITHIN 130YNTON BEACH PUBLIC RIGHT OF WAY. RFQ #046-2821-17/TP TASK ORD UT-2D-a PROCUREMENT SERVICES: P.O. TOTAL; 45000. 00 ACCOUNT NO. PROJECT 303--4904-541.63-03 T1701 PURCHASINGPage 301 of 1256 (h 0) 1 1 H 'A dX C3 Ns 0 ; gy 0 0 0 M r-I a C,) va Ln 0 M ED C3 2 M8 0;Op- C-); ts E-d r-I H H 0 Ha) H C9 0 0 (h cq 0 E-i C3 0 0 0 0 N 0 E 0 WC) w U i at'i�: P — x b wo 0 tR Q) hro[-�u 0 00 Ix H lxu Wnxm HM 04 EA H 134 F4 arl) ul E-4 0 LE iR 0, cx 04 Q rA P4 rA gx Ul Q cn 1:1 En E-4 OW.4m E-1 E+ rQ 04 C4 cn Ix ca vl W H NJ H 0 0 CF) co dY 114 W 134 r4 C) m -1 H 77— v V 7 EY H 0 in Lei O n H � , E�,w v o c� P Ch Ch 04 Ov .0 0 H q UM r) C4 UO C) U 49n m 0 W -4- rD F4 W 134 C4 CN Page 302 of 1256 M C3 CD r-I pq � � 0 z ca 0m CD? 00C-3 to C; ® CD CD rq CD 0 0 9 U LO Z 0 P Em A 0 H H H Cl Ln E� 0 MO G% HCD U W z o 0 N 0 Ln E aU y °` CY C) 0 r4 H 0 Ix o c3 0 01 cw W W 015 $4 0(D cpn d) 0 4j,-Aro 4 �j tn 0 u V M H-1 Ed 41 C4 rn 0)>,H 4) -1 -H 4 r.a) m a)rd M(D >, rd-H4 rC%rd 044 �t W 0 U Q)(d (d 44 -W'd H41-um -,A*—1 m rx cn H -H.,l> ta JJ 4J�U H OMO a)MA 'deo W�--u tnopwo .0 oro JJ cd -r-i-ri 41 >-H (1) 1) OrU U > (D 041 w to rd a)0 0-1-4 IP ro 0 f!0 -H r=44 0 M COM UD 0 k 8 0>,:j pM 0 M114 0 m(D p a 41(E) 0 2yId 0 m 0 0r-1 0 M rd CU Ga('-r+al 0-0 r-I a)44 V4.) 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P 0 4J-r-I -H 4) a)-ri r-4 U 0 ca R w 9 4-D) 4-'5') 04g IN rV.104 M I rd t r-1:JO-ri a)-rq CY M OFI�q WrAE. mop P4 DI-qO>�JJC>U >;J:J� (d U CO -44 0-H 5 0 MO Q)0 0 > W41 IJIWIZ60 am) .-Ill D:(d M W A 0 0 9��4 iU -zP 44 M E-i pAn LH 10 E4 00 zpi Page 303 of 1256 REQUEST FOR PURCHASE OVER CITY OF BOYNTON BEACHy t 1/10/2019 Requesting Department: frigineering ContactPaola xp'aPurchase: ro The prcj�ect s i tocomplete i reviews t compliance o existingc ramps t intersections on roadways withino c tic Right of Way. I 1 �' L - 2:D--0-Three Written Quotations GSA State Contract PRIDE SNAPS RESPECT Piggy-Back Sole Source 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: D-0 1 #303 4904 541 63-03 Project1701 jFW ovals: Department Head Date Purchasing t JA Datet Asst City Manager Date City aDate Form Revised 02/°01/02 Page 304 of 1256 Greco-Arencibia, Adrianna From: Mendoza, Paola Sent: Tuesday,January 08, 2019 9:37 AM To: Greco-Arencibia,Adrianna Subject: Boynton Beach ADA Ramp Intersection Trans Task Order# UT-2D-01 Attachments: 18-2606 Boynton Beach ADA (signed CG)f.pdf Good morning Adrianna, Can you please create a PO for a new job with Calvin,Giordano&Associates(Road evaluation-UT-2D-01),for the amount of$45,000. 1 checked with Tony this morning and he confirmed that the count has the funds to cover the project. Please see attached proposal from the consultant The project scope is to complete field reviews to evaluate the compliance of existing curb ramps at intersections on roadways within the Boynton Beach Public Right of way • An account#303 4904 541.63-03 Project No.TR1701 Thank you very much, please let me know if you have any questions or I left something out, Paola Paola Mendoza Associate Engineer Public Works/Engineering Mailing Address: P.O. Box 310 1 Boynton Beach, Florida 33425 Physical Address:3301 Quantum Blvd., Suite 101 1 Boynton Beach, Florida 33426 561-742-6266 MendozaP@bbfl.us boynton-beach.org/ 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. Page 305 of 1256 Greco-Arencibla, Adrianna From: Pratt,Taralyn Sent Tuesday,January 15,201910:24 AM ® Greco-Arencibia,Adrianna ® Mendoza, Paola Subject: General Consultant Services-Scope D Roadway Evaluation Attachments: Fully Executed Agreement- Calvin Giordano.pdf Good Morning, Below is the contact information for the next Consultant for RFQ 046-2821-17/TP General Consulting Services 21d Ranked for 5gppe D—Calvin Giordano AssociatesInc. The task order for this work is Task Order # UT-2D-01 , use this task order in your description when completing the PO for Road Evaluation,as well as on the Consultant's Quote/Proposal. Once you are issued the PO, please forward me the Requisition#and PO#and amount, so I may continue to track the usage and expenditures for this Utilities RFQ. CallylnGlordario&Associates Shelley Eicer, AICP 1800 Eller Drive Suite 600 Fort Lauderdale, FL 33316 (561)684-6161 Seicbnff@ggg§g!gli2ns.com Taralyn Pratt Contract Coordinator Boynton Beach Utilities City of Boynton Beach 124 E. Woolbright Rd. I Boynton each, Florida 33435 561-742-6447 prattt@bbfl.us I http://www.boynton-beach.org/ America's Gateway tote Gulfstream Please be advised that Florida has a broad public records law and all correspondence to me viae ail 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. Page 306 of 1256 Calvin, Giordano tee n , �1a ' RT1NL S 0 dl1 0 N 6" t December 18, 201 Mr. Gary erg P.E. City Engineer City of Boynton Bull.ding Code Services 3301 Quantum Blvd., Suite i o i tNahw sEngineerinn d Boynton33426 Cogglal Engineering eri de Compliance n cucti nEngineeringIBoylaton Beach ADA Romp Intemennion si . en limpeionn uction Servicas CGA Proposal No. 18-2606 Date technologies neywopment Electrical Engineering Eminaeft Dear 1W Dunmyer, P,E., Envirofflnental services Facilities ane 690grapwc information Calvin,Giordano &Associat", s . bt for professional systems I5"i traffic engineering t` servioes,related to the review of existing sidewalk Governmental Services On rOadwaYs within the Cityf Boynton Beach r8 - specificy. . Landscape Archl e engineering and transportation services pliawnt Project Management L Prafenional ° ces RedfivalopMent Urban Design ,rveyin ping A. Traffic Engineering Timft EngIneerin Trartsportation Pianning L CGA engineers will completereviews f the existing ramps Water/IlUlities Engineering tintersections e} Boynton a twithin t eaelte Development of the roadways defined in the City Roads Ratingsty l Me provided 16 1 . The field review will evaluate the compliance ea exist` ramps t intersections tart roadways within Boyntonesu Public ` t s. 1900 Eller Drive suite 600 Fort Lauderdale,FL 3331 954,921.7781 phone 954.921.9307 tax WovW.qMWWft1OOM FORT LAUDERDALE MAW-BADE 9 A r6' A INIFERO PORT ST LUCIE Page 307 of 1256 "' Demmber 18,241$ 9 Field i l e one engineering technir_ian and senior m These services will be provided' to die extensive arnount of rmvs witht the identified roadways in o - preliminary hourlyestimated t curb ramlis from the City Roads REdings . yt l file. An additional service agreenient will r to increase l or field reviews beyond 100 curb ramps or if the estimated hourly cap is exceeded. services include labor hours from portal to portal during fieldthe reviews. The initial phase is t document andfield mess existingexisting conditions of each currampl slopeuding the niessured and otherrequLmments and then log the results into an excel This mitial phase doesnotl l ie r taft e is ofsidewalk segments not at the Boynton Beach hiterswtions.Thew services may be provided as part f a future phase of the project, This initial phase es not include reviewing ADA signalpedestrian compliance. i s can be provided as part of a future phase of the project i This scope of services does not ® a design re f improvements. These services can r vided as an additional service as requested b t scopeThis of services includes ri ® triinsition plan recommendation based on the livie a 1 actual topographic survey information is required in orderto provide a detailed transition plan recommendation,,these services a additional service. CGA engineers will provide e that willd e field review completed, 1 measurements of the@ s t the identifiedsegments and recommended it" plan recommendation or each ramp location, Page 308 of 1256 Dvmmber 18,2018 page 3 of Projecttinclude c . tick s" , $ ° ° . t fBoynton Beach d initial . A curb$"s. CGA engineers will t` °t f Ings Boynton Bcwh dwing this Wt° l task workorder Note. The scope of servicesprovided inibm-stion provided by the CityBoynton Beach oft WeSting sidewalk inliastructure alongthe City of Boynton Beach roadways.A copy of the road t of way ownership and attachedmaintenance map has been as Exhibit A fbr reference. tc: Work will be performed in r cc °tGeneral Transportation Consulting a s Agreement between the City f Boynton Beach and CGA dated / the City f Boynton Beacho 1 8-101 BASIS OF PROPOSAL Any opinion`ori f the construction cast preparedGiordano Associates, Inc.represents its judgment as a designprofessional is supplied for the guidancegeneral of the CLIENTsince r Associates,Inc. has no c over c c rmaterial,or over competitive bidding Calvin,Giordano&Associates,I . does not guarantee the c of such compared to contractor bids or actual costtothe . y outside engineering services, studies, or laboratory testing not specifically mentioned in the Scope of services will be the responsibility of the CLIENT. An t,and icy fbes as wellTitle the Basic services outlined -t , this proposal considered complete, the proJoct plans c submitted to the regulatory agencieso °o Calvin, ° r Associates,Inc. is performing t consultant services set forth in this Agreement strictly as a professionalconsultant to CLIENT. Nothing containedcreate y contractual reMonship between Giordano sc" s,Inc® and any contractor or subcontractor performing construction activities of CLIENT's other professionalt& Calvin, GiordanoAssociates,Inc. shall not be responsible or the contractors schedules or failuretcarry t theco t c ` r c with the construction c s. Calvin, Giordanos " t s, Inc. shall not have control guar or charge of acts or omissions of the contractor,subcontractors,or theirc employees, or of any other persons performing portionsf the construction, Page 309 of 1256 D=mber 18,2018 Page 4 of 9 Calviu, Giordano&Associates, Inc. will require that all consultants carry proper insurance,including professional liability insurance, if appropriate, Perrait construction certifimtion will include one partial and one final inspection, ADDITIONAL FEES The following services am NOT included in this proposal and will be considered Additional Services,which will be addressed in a separate contractual agreement, The services include but are not limited to: 0 Architectural, structural(ie., retaining walls, bridges,docks), niechanical(i.e., fire Pumps), fire protection, geotechnical and testing, environmental assessment, power,gas, tel cable television, site lighting services. a Calculations for needed fire flow for site demands, bawd on building type use and size, if required. a Calculations of ® ` flood stages, * Construction quality control inspections. a Off-site engineering and negotiations for off-site easenients,if required(odw than as specified in the Scope of Services). 0 Perrait application or negotiation with permitting authorities other than those specifically listed herein, * Preparation of construction contract documents,other thau drawings and technical specifications(e.g, bid schedule,project manual); * Professional land surveying not included in the scope of services(ie.,butied utility investigation. easement research, condominimn documents,project stake- out and as-built drawings), * Professional services required due to conditions cifferent from those itemized under the Scope of Services or due to events beyond The control of Calvin, Giordano &Associates, Inc. * Professional services required, due to changes in the site plan initiated by the CLIENT, their representatives or other consultants(e.g.,architects, landscape architects, etc.) after either design or preparation of the construction drawings has commenced, * Re-review of rejected shop drawings. * Review and approval of Contractor pay requests, * Review of Data supplied by the CLIENT (i.e. GIS data sets, databases, aerial images,etc.)required for integration into this project. * ® of shop drawings for contractor or Client selected alternatives,materials, products, etc. Page 310 of 1256 Demmber 18,2019 Page 3 of 9 * Special shop drawing annotation and modification to expedite shop drawing approval process. * Updated boundary survey, site evaluation or closing assistance work, unless specified above. REIMBURSABLE EXPENSES Calvin,Giordano&Associates, Inc. and its consultants will be reimbursed for the printing of drawings and specifications, deliveries,Federal Express services,required travel time and travel expenses,long disaince telephone calls,fax transmittals,postage, fees paid for securing approval of authorities.having jurisdiction over the project, renderings,raodelsand mook-ups required by CLIENT, as required. Reimbursable expenses and sub-consultant invoices will be billed directly to the CLIENT at a multiplier of 1.25. MEETING ATTENDANCE Due to the difficulties of predicting the number or duration of meetings,no meetings other than those listed above,are included in the Schedule of Fees shown below. Preparation for and meeting attendance, as necessary, will be provided on.a time and materials basis and will be billed at the stmUrd hourly rates in accordance with the attached Hourly Rate Schedule, SCHEDULE OF FEES Calvin, Giordano &Associates, Inc. ® perform the Scope of Services for an hourly Not to Exceed fee as shown in the proposed Schedule of Fees: PR�OPOS�ED SCHEDULE OF FEES 2inee . nnL .Ser I ProfeAssions. 1 Engineering Services A Professional Traffic Engineering Services $45,000.00 Corridor Plarming Studies $42,900.00 Sub-Consultant $2,100.00 If Meetings not included in I thru I Hourly TOTAL HoEirly Not to Exceod (Plus Hourly Services) $45,000.00 Page 311 of 1256 Dw=W 18,2019 PUP60fo TERMS OF THE AGREEMENT Calvh Giordano &Associates, Inc, is preparing and providing drawings,plans, specifications and other documents as outlined 'in the scope of services for this Agreement for use 'in the construction of this project,based upon design and construction criteria Prepared and provided by others, ® but not limited to the CLIENT and CLIENT's consultants. Calvin. Giordano &Associates,Inc. is not responsible for any arrors and omissions in the aforesaid design and construction criteria proAded by others. CLIENT agrees to indemnify,hold harmless and, at Calvin, Giordano & Associates, o®' option, defend or pay for an attorney selected by Calvin, Giordano&Associates,Inc.,to de*nd Calvin, Giordano&Associates, Inc., its officers,agents, servants. and employees against any and all claim% lows, liabilities,and expenditures of any kind,including anomey fees, any appellate attorney costs,court costs, and expenses, caused by,arising from or related to any acts, omissions or negligence of CLIENT or its consultants. CLIENT agrees to limit Calvin,Giordano,&Associates, Inears liability for any and all claim thatCLIENT may assert on® s own behalf or on behalf of another, including but not hinited to claim for breach of contract or breach of warratity,to the amount of fees paid to Calvin,Giordano&Associates,Inc,pursuant to this Agreement- Drawings, specifications,and other documents and electronic data firnished by CaIvh Giordano &Associates,Inc. in comiection with this project are instruments of service. All original instruments of service shall be retained by Calvin, Giordano &Associates,Inc.and will remain their property, with all common law,statutory and of reserved rights, including copyright, in those ts® This information provided in the instruments of service is proprietary and will not be shared with others without prior written consent. The CLIENT may request reproducible copies, and all original documents upon payment of an outstanding invoices, and expenses. Invoices for or accomplished to date will be submitted monthly andare payable within thirty(30)days. The CLIENT will pay invoices upon receipt and understands interest charges of 1.5%per month will be applied to any unpaid balance past thirty(30)days. Calvin, Giordano &Associates,Inc,nay elect to stop work t® payment is received. If work is stopped fort hirty(30)days or more, CalvK Giordano &Associates,Inc.may request compensation for start-up costs when or resumes. PURSUANT TO SECTION 558.0035,FLORIDA STATUTES, AN INDIVIDUAL EMPLOYEE OR AGENT OF CALVIN, GIORDANO& ASSOCIATES, INC. MAY NOT BE HELD INDIVIDUALLY LIABLE IN NEGLIGENCE FOR ANY CLAIMS,DAMAGES,LOSSES, OR DISPUTES ARISING OUT OF OR SUBJECT TO T14E CONTRACT. Page 312 of 1256 DaWnW 18,2018 page 7 Of 9 The CLIENT or their representative shall be available to ineetwith Calvin, Giordano&Associates, Inc. and provide decisions in a timely mamer throughout the course of the project. The CLIENT will provide all plans and other pertincrit information, which are necessary for Calvin,Giordano &Associates,Inc.to provide complete professional services as outlined in this contract. The term of Agreement shall be valid for the Client's acceptance for a period of thirty(30)days from the date of execution by Calvin, Oiordano&Associates, Inc. after which time this contract offer becomes mill and void if not accepted formally (evidenced by raceipt of an executed copy ofthis document). An rates and kes quoted in this document sliall be eftetive for a period of six(6)months,after ® time they may be renegotiated with the CLIENT. MISCELLANEOUS PROVISIONS CLIENT and Calvin,Giordano&Associates,Inc.,respectively, bind themselves, their partners, successors,assigns, and legal representatives to the other party to this Agreement and to the partners,successors, assins,and legal representatives of such other party with respect to all covenants of this Agreement. Neither CIJENT nor Calvin, Giordano &Associates,Inc. shall assign this Agreement ,without written consent of the other. rhis Agreement represents the entire and mtegrated agreement between the CLIENT and Calv4 Giordano&Associates,Inc. and supersedes aft prior negotiations, representations or agreemen% either vaitten or oral. This Agreement may be amended only by written instrument signed by both Calvin, Giordano &Associates,Inc. and the CLIENT. Unless otheiivise,provided, this Agreement ftll be governed by the law eft place where the project is located. TERMINATION OF THE AGREEMENT This Agreement may be terminated by either party upon not less than seven(7) days written notice should the of party fail substaMially to perform in accordance with tet of this Agreement through no fault of the party initiating the termination. Failure of CLIENT to make payments to Calvin, Giordano&Associates, Inc., in accordance with this Agreement, shall be considered substantial nonperfonnance and cause for termination. In the event oft tion in accordance with this Agreement or termination not the fault of CalvK Giordano&Associates,Inc., Calvin, Giordano &Associates, Inc. shall be compensated for servicesproperly performed prior to receipt of notice of termination,together with Reimbursable Expenses then due. Page 313 of 1256 Dmmba 19,2018 pap si otg We appreciate t it to submit this proposal. Calvin, Giordano&Associates, Inc. is preparednecessary rnanpowei°to proceedit ros f servicesupon receipt ofthe t i are committed t conVIeting the project in a timely myouracceptance anner. Please indicateoft this proposaly signing below and returning one executed copy ofthecontract to office. We working o jest a success. Sincerely, ASSOCIATES, Giordano Vice i t Page 314 of 1256 Dwobcy 19,2019 9 Of E0:1:t!1es ACCEPTANCE OF CONT&4CT CALVIN, GIORDANO& ASSOCIATES,INC. Date: ed Title: Vice Pmident ® ate; Name, W Gary Dunmycr, Title: City Engincer Page 315 of 1256 ( s m e c � 8, s � x � �y i ty t 9 a ` Y £Ism r ( s 4 s 't� I � f R 4 t k g City of Page 316 of 1256 .Imp Page 317 of 1256 ................. GENERAL CONSULTING SERVICES AGREEMENT THIS AGREEMENT' is entered into behveen the City of Boynton Beach, hereinafter referred to as'Me CITY, and CAL%AN,GIORDANO&ASSOCIATES, INC., hereinafter referred to as W CONSULT ANr, in consideration of ft mutual benefits, terms, and conditions hereinafter specified. WHEREAS, pursuant to Section 287.055, Florida Statutes, the Consultants' Competitive Negotiation Ad,the CITYS Procurement Code,the City of Boynton Beach solicited proposals for professional consulting services from quaffied engineering firms for required City services;and WHEREAS,THE CITY Issued a Request for Qualifications for General Consulting Services for the City of Boynton Reach,RFQ No.046-2821-17/TP;and WHEREAS, the City Commission designated CONSULTANT as one of several qualified consulting Irms to provide General Consulting services to the CITY,and NOW, THEREFORE, in consideration of them covenants expressed herein, the parties agree as follows: ARTICLE I - 1.1 CONSULTANT agrees to perform General Consulting Services by way of Individual task orders,at the request of the CITY during the term of this re rt,including the provision of all labor,materials,equipment and supplies. The specified projects which may to assigned to CONSULTANT Is in conjunction with: Scope Category A Water Plant Modifications,Capacity and Operations Evaluation Scope Category B Infrastricture Improvements and Evaluations Scope Category C Ancillary Studies and Services Scope Category D Tran ion Services Scope Caftory E Architectural and Landscaping Design Services 1.2 SERVICE AND RESPONSIBILYnES 1.2.1 GENERAL:The CONSULTANT agrees to perform work assigned by Task Order(s)under such terms as set forth In the Task Order(s).The terms of the Task Order(s)shall be supplemental to the terms of this Agreement. 1.2.2 The CONSULTANT is responsible ford In Its work and in the work of Its Sub-consultants'work. The wra-Axreemanr has the sune meaning as the term-conascr Boynton Beach Utilities-Ocnwa]Consulfing SaMces C-1 V.5 CLEAN FINAL Page 318 of 1256 1.2.3 PRELIMINARY SERVICES PHASE: The CONSULTANT shall prepare preliminary studies and reports, feasibility studies, financial and fiscal studies. and evaluation of existing facilities, preparation of schematic layouts and sketches where required; develop construction budgets, opinions of Probable Construction Cost,and shall nstilt and confer with the CITY as may be necessary for the CITY to reach decisions concerning the subject matter. The CONSULTANT shall attend meetings with the CITY Commission and CITY staff as may be required, and provide the CITY with a time schedule which shall include but not be limited to submittal of all milestones related to the project up to delivery of 100%construction documents. 1.2.4 During the preliminary services phase,the CONSULTANT shall advise the CITY, based on CONSULTANT'S professional opinion and the current project conditions and reasonably foreseeable conditions of the compWwess of existing date and Its suitability fort Intended purposes of the project;CONSULTANT toobtain data from other sources; identify and analyze requirements of governments]authorities having jurisdiction to approve the deslgn of the project;provide analyses of the CITY'S needs for surveys'. perform site evaluations and comparative studies of prospective aft and sol ution%and prepare and furnish a report to the City setting forth the CONSULTANTS findings and recommendations. 1.2.4.1 Providing any type of property surveys or related engineering services needed for the transfer of Interest In red property,and field surveys for design purposes and engineering surveys and staking to enable Contractor to proceed with their work, and providing other special field surveys. 1.2.4.2 Preliminary design serAoss to be performed by the CONSULTANT shag include oonsultation and advice concerning the extent and scope of proposed work and preparation of preliminary design documents consisting ofdesign criteria, preriminary drawings, and outline specifications as well as preliminary estimates of probable Construction Costs. This phase will also include preparation of a preliminary aft plan or schematic drawings when appropriate. Up to six(6)copies of the preliminary design documents shall be furnished to the CITY, the exact number needed shall be determined by the CITY. 1.2.43 CONSULTANT shall provide environmental assessment and impact statements as required to determine the suitability of the site and its surrounds for the proposed project;andfor 1.2.4.4 Upon authorization of the CITY,the CONSULTANT will provide advice and assistance relating to operation and maintenance of project or other systems: evaluate and report onopenations, assist the CITY In matters relating to regulatory agency operations review oroperating permit non-compliance; assist With startup and operator training for newly installed or modified equipment and processes, and in the preparation of operating, Boynton BCWh UfflifiCS GOftefal COnSUIdAff Services C-2 V.5 CLEAN FINAL Page 319 of 1256 maintenance ands manuals for the project. 1.2.5 BASIC SERVICES:The CONSULTANT shall consult and advise the CITY in the following manner:specifying the extent ands of the work to be performed; prepare detailed construction drawings and specifications, Wise and update, where necessary, previously designed construction plans and specifications, whether in whole or in part, to be Incorporated into the proposed work and prepare construction documents and final estimate of probable Construction CosL The final design services shall be provkled In an electronic fonnat,and shall also Include furnishing up to six ) c of plans and specifications to the CITY, the exact number needed shag be determined by the CITY. 1.2.6 Final design services shall also Include preparation of permit applications as may be required by such agencies as have legal review authority over the project These applications shall include but not be limited to site plan approvals or other ponnKs and work efforts and shall also consist of meetings at staff level and meetings with the appropriate governing body and to Crl-Y. Unless specifically provided for under the final design phase, permit application services do not include applications requiring environmental Impact statements or environmental assessments, consumptive use permits and landfiff permits. 1.2.6.1 The CONSULTANT based upon the approved design documents and any adjustments authortzed by the CITY In each project, project schedule or construction budget shall prepare for approval by the CITY,design development documents consisting of drmMngs and other documents to fix and describe the 61me and character of each pmjeda civil engineering, environmental, landscape, architectural. structural, mechanical, and electrical systems and any other requirements or system% materials and such other elements as may be appropriate fora complete project. The CONSULTANT shag also advise the CITY of any adjustments to the preliminary estimate of probable Construction costs. 1.2.6.2 The CONSULTANT based on CITY approved design development documents and any further adjustments in the scope or quality of the project or in the construction budget shall prepare Construction Documents within the number of calendar days specified within any notice Issued by the CITY, The Construction Documents shall consist of drawings and specifications setting forth In detail the requirements for the constuction of the project. 1.2.6.3 The CONSULTANT shall assist the CITY in the preparation of the necessary proposal inliormation and forms. 1.2.6.4 The CONSULTANT shall advise the CITY of any adjustments to previous estimates of probable Construction Costs indicated by changes in codes,administrative and jurisdictional requirements of general market conditions. 1.2.6.5 The CONSULTANT shall submit to the CITY for each project, Boyntm He Utilities-General Camulting SeMms C-3 V.5 CLEAN FINAL Page 320 of 1256 electronic format and up to six (6) copies of the Construction Documents. and a further revised estimate of total probable Construction Cost. 1.2.6.6 CONSULTANT shall include in the Construction Documents a requiremeM that the construction contractor shall provide a final as-built survey of the project In Autocad electronic format by a registered Land Surveyor, and provide marked up construction drawings to the CONSULTANT so that the CONSULTANT can prepare and deliver to the CITY the record drawings In the form required by the CITY and as required. 1.2.6.7 Prior to final approval of the Construction Documents by the CITY,the CONSULTANT shall conduct a thorough review and quality control evaluation of the entire work product for compliance with requirements of any local, state. or federal agency from which a permit or other approval is required.The CONSULTANT shall make sure that all necessary approvals have taken place. 1.2.6.8 Prior to each phased submittal,the CONSULTANT shall conduct a thorough quality control review and assessment of the work product to determine whether the work Is properly coordinated and confirm that the CfTY and agency comments have been addressed and incorporated into the Contract Documents. The CONSULTANT shall provide to the CITY a Quality Assurance and Quality Control plan in a format that advises the CITY that all work has been performed as required. A report shall be submitted In accordance with those standards to apprise the CITY that due care has been taken in the preparation of the Contract Documerits. 1.2.6.0 The CONSULTANT shall signify responsibility for the Contact Documents Including technical specfflcffUons and drawings prepared pursuant to this Agreement by affixing;a signature,date and seal as required by Florida Statutes Chapters 471 and 481, If applicable. The CONSULTANT shall comply with all of Its governing laws, rules, regulations, codes, directives and other applicable federal,state and local requirements in preparation of the work. 1.2.7 The CONSULTANT shall provide the construction documents, technical specifications and drawings completed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily e)mrdsed by members of the profession currently practicing under sknilar conditions. 1.2.8 The CONSULTANT fbikrMng the CITY'S approval of the Construction Documents and the latest estimate of probable Construction Cost shall when so directed and authorized by the CITY,assist the CITY Inobtaining proposals or negotiated proposals, and assist in preparing contracts far construction. 1.2.8.1 The CONSULTANT shall review and analyze the proposals Bo�mtan H Uffifties-Genera!Canulfing Savica C-4 V.5 AN FINAL Page 321 of 1256 received by the CITY and shall make a recommendation for any award based an the CITY'S Procurement Administrative Policy Manual. 1.2.8.2 Any, Opinion of the Construction Cost prepared by CONSULTANT represents Its judgment as a design professional and is supplied for the general guidance of the CITY. Since CONSULTANT has no control over market conditions, CONSULTANT does not guarantee thea of such opinions as compared to contractor bids or actual cost to the CITY.If the project Is nota for proposals within three(3) months after delivery of Final Design Plans,through no fault of the CONSULTANT or N either local market conditions or Industry- wide prices have changed because of unusual or unanticipated events effecting the general level of prices or times of delivery in the construction industry,the established Construction Cost limit may be adjusted as determined by the C Representative and as approved by the CITY,If necessary. Additionally,If the CITY expands a project scope of work after the CONSULTANT renders the Flnel estimated probable Construction Cost of the Final Design Plans,the CONSULTANT shall not be responsible for or*redesign out compensation which shall be mutually agreed to by the parties hereto. 1.2.8.3 The CONSULTANT shall provide the CITY with a list of recommended prospective bidders. 1.2.8.4 The CONSULTANT shall attend all pre-proposal/per-bid conferences. 1.2.8.5 The CONSULTANT shall recommend any addendap through the CI representative as appropriate, to clarify, correct, or change proposal documents. 1.2.8.6 N Pre-Quallflostion of bidders is required as set fWth in the Request for Proposals or Invitation to Bid(tw"tep bid pnx;ess), CONSULTANT shall assist the CITY.9 requested in developing qualifications criteria, review qualifications and recommend acceptance or rejection of the bidders. 1.2.8.7 If requested, CONSULTANT shall evaluate proposals and bidders,and make recommendations regarding any award by the CITY. 1.2.9 The CITY shell make decision on all claims regarding interpretation of the Construction Documents,and on all other matters relating tot execuition and progress of the Work after reoeivkV a recommendation from the CONSULTANT. The CONSULTANT shall check schedules, shop drawings and other submissions for the limited purpose of checking conformance with the concept of the project, and for compliance with the in on given by the Construction Documents. The CONSULTANT shall also review change orders prepared and submitted by Contractor and rwAsw and make recommendations to the City for progress payments to the Contractor based oneach project schedule of values and the percentage of work completed. The CONSULTANT will neither have control over or charge of,nor be responsible for,the construction means, methods, techniques, sequences, or procedures, or for the safety Boymwn Hmh Utflifics-Gmaul Conwhing Savim G-5 V.5 CLEAN FINAL Page 322 of 1256 precautions and programs In connection with the construction of the assigned task order projects. 1.2.9.1 The CITY shall maintain a record of all change orders which shall be categorized to the various types, causes, air. that may be determined useful and necessary for Its purpose. 12.9.2 If the CONSULTANT is not the Construction Manager for the construction, the CITY all no the CONSULTANT within three(3)days of the discovery of any architecturaVenginearing error or omission so that the CONSULTANT can be part of the negotiations resolving the claim between the CITY and the Contractor. 1.2.10 The CONSULTANT shall carelully review and exarnine the Contractor's schedule of values, together with any supporting documentation. The purpose of such review and mmmination will be top the CITY from an unbalanced sle of values which allocates greater value to certain elements of ch projedthan is indicated by Industry standards,supporting documentation, or date. If to schedule of values is not found to be appropriate,it shall be returned to the Contractor for revision for supporting documentation. After making such examination, when the schedule of values is found to be appropriate, the CONSULTANT shall sign the schedule of values Indicated informed belief that the schedule of values constitute areasonable,balanced basis for payment of the Application for Payment to the Contractor. 1.2.11 The CONSULTANT shag perform on-We construction observation of each project based on the Construction Documents in accordance with paragraph 1.2.16 'Resident Project Services' of this Agreement The CONSULTANT'S observation shall determine the progress of the work completed.and whether the work Is proceeding in a manner indicating that the work when fully competed will be in accordance with the Construction Documents.On the basis of site visits,the CONSULTANT vWII provide the CITY with a written report of each site visit In order to reasonably Inform the CITY of the progress of the portion of the Work completed. The CONSULTANT shall endeavor to identify for the CITY any defects and deficiencies in the work of contractors,and make written recommendation tot CITY where the work falls to conform to the Construction Documents. The CONSULTANT shall not have control over or charge of, or responsibility for the construction means,methods,techniques,"quences or procedures.or for sd*precautions and programs in connection mft the Work,nor shall the CONSULTANT be responsible for the ctoes failure to perform the Work in accordance with the requirements of the Contract Documents, The CONSULTANT"I not have control over or charge of, and shag not be responsible for, acts or omissions of the Contra or of any other persons or entities performing portions of the Work. Based on such observation and the Contractoes Application for Payment, the CONSULTANT shall determine the amount due to Me Contractor and shall Issue Certificates for Payment in such amount. These Certificates will constitute a representation to the CITY based on such BoyMn Bead Utilities-General CW&U1609 SeMces C-6 VS AN FINAL Page 323 of 1256 observations and the date comprising the Application for Payment that the work has progressed to the point Indicated. By issuing a Certificate of Payment.the CONSULTANT It also represent to the CITY that to the beat of Its in1brniat'on and belief,based on what its observation have revealed; the Work is in accordance with the Construction Documents. The CONSULTANT shall conduct observations to determine the dates of substantial and flnel completion and issue a recommendation for final payment. 1.2.12 The CONSULTANT shall revise the Construction drawings and submit record or corrected draWngs to the CITY to show those changes made during the construction process based on the marked up prints,drawings and other data furnished by the Contractor. The record drawings shall be provided in electronic fbanst inclusive of conformed PDF files and AutoCad filem In a form compatible with the CI TYS version of AutoCad formats for archival purposes. 1.2.13 The CONSULTANT shall attend regularly scheduled progress meetings on site bl-morfty or as otherwise determined based on a specific need established prior to construction by the CITY. 1.2.14 The CONSULTANT shall review change orders prepared and submitted by the Contractor for the CITY'S approval. CONSULTANT shall not authorize any changes In the work or time,nom how minor out prior written approval by the CITY. 1.2.15 Each projecirs construction or demolition shall be considered complete upon compilation of a punchlist by CONSULTANT,which shall be timaty completed by Contractor to the saftfaction of the CITY,wdftn notification to Contractor by CONSULTANT that all releases of lions are satisfied and written recommendation by CONSULTANT for final payment to the Contractor which all be at the sole discretion of the CITY. 1.2.16 RESIDENT PROJECT SERVICES: During the Construction progress of any work, the CONSULTANT will if authorized by the CITY, provide resident project observation services to be performed by one or more auttiorized employees (Resident Project Represe of the CONSULTANT. Resident Project Representatives shall provide extensive observation services at the project site during construction. The Residant Project Representative will endeavor to !den*for the CITY any defects and deficiencies in the work of the Contractor(s). Resident project observation services shall include but is not limited to the folkrMng: • Conducting all pre-construction conferences; • Conducting all necessary construction progress meetings, • Observation of the work in progress to the extent authorked by the CITY; • Receipt, review coordination and disbursement of shop drawings and other submittals; 4, Maintenance and preparation of progress reports; ,0, Field observation and verification of quardides of equipment and materials Installed, Boyawn Bcwzh Utilities-Ganow Coos savices C-7 V.5 CLEAN FINAL Page 324 of 1256 0 Verification of contractors'and subcontractors'payrolls and records for comAlin ce with applicable contract requirements. * Maintenance at each project site on a current basis of all drawings, specifications, contraft samples, permits, and other project related documents, and at the completion of each project, deliver all such records to the CITY; 0 Preparation, update and distribution of a project budget with each project schedule; 0 Notification tot CITY immediately if it appears that either each project schedule or each project budget will not be met; 0 Scheduling and conducting monthly progress meetings at which CITY, Engineer,general contractor,bade contractor,utilities representatives, suppliers can Jointly discuss such matters as procedures, progress. problem and scheduling. 0 Recommending courses of action,and enforcing action selected by the CITY,N so directed by the CITY,if the general and/or trade contractors are not meeting the requirements of the plans, specifications, and Construction Contract; 0 Development and Implementation of a system for the preparation, review,and processing of change orders; 4 Maintenance of a daily log of each project; 4, Recording the progress of each project, and submission of written monthly progress reports to the CITY Including Information on the Contractors'work and the percentage of completion; • Determination of substantial and final completion of work and preparation of a list of incomplete and unsatis%ctory Rome, and a schedule of their completion,and • Securing and transmitting to the CITY,required guarantees;affidavits; releases;key manuals;record drawings;and maintenance docks; The Resident Project Representative shall also investigate and report an complaints and unusual occurrenoes that may affect the responsibility of the CONSULTANT ort CITY in connection with the work. TheResident Project Representative shall be a person acceptable to the CITY,and the CITY shall have the right to employ personnel too the work in progress,provided however that such personnel as employed by the CITY, and such personnel wffl be responsible directly to the CITY in the performance of work that would otherwise be assumed and performed by the CONSULTANT. The Resident:Prcject Representative shall not have control over or charge of, or responsibility for the construction means, methods,techniques,sequences or procedures,or fors precautions and programs in connection with the Work,nor shall the Resident Project Representative be responsible fort Contractor's failure to perform the Work In accordance with the requirements of the Contract Documents. The Resident Project Representative shall not have control over or charge of, and shall not be responsible for, acts or omissions oft Contractor or of any other persons or eniftles performing portions of the Work. Although CONSULTANT shall not be responsible for health or safety programs or precautions related to CITY's actl%rlties or those of CITY's other contractors and consultants or their respective subcontractors and BoyaWn Bea6 Ufflifics-Ocnera Consulting Scrview C-8 V.5 CLEAN FINAL Page 325 of 1256 vendors (Contractors"), CONSULTANT shall nonetheless report to the Resident Project Representative health and salisty conditions or deficiencies observed by CONSULT T'S employees or represealtefives. CONSULTANT shall not be responsible for CIT)rs ite conditions or the aggravation of those preexisting site conditions to the extent not caused by the negligence or Wilful misconduct of CONSULTANT. CONSULTANT shag not be responsible for Inspecting, observing,or correcting health or sd*conditions or deficiencies of CITY, Contractors or others at project site (Project Site") other than for CONSULTANT's employees,subconsultants and vendors. 1.3 ADDITIONAL SERVICES 1.3.1 When addifional services are necessary they shall be specified in the wittlen Task Order- Examples of additional(not axdu&W)services are: * Preparation of applications and supporting documents for private or govemmental graft, loans oradvances in connection with any parficular project * Services to make measured drawings of or to investIgate existing conditions or facilities, or to verify the accuracy ofdrawings or other Information furnished by or to the CITY. * Services resulting from significant changes In the general scope,extent or character of any particular project or its design Including but not limited to,changes in size,complexily,the CITY'S schedule,character of construction or method of financing, and revising previously accepted studies,reports,design documents or Construction Contract Documents when such revisions are required by changes to laws, rules, u1 ions,ordinances,codes oro enacted subsequent to the preperagan of such studies, reports or documents,ora due to any other causes beyond the CONSULTANT'S control. -11, Providing renderings or models for the CI TYS use. Preparing documents for alternate Proposals requested by the CITY for work that is not executed for documants for out-of-sequenos work 4- Investigations and studies involving but not limited to, detailed considerations of operations, maintenance and overhand expenses-, providing value engineering during the course of design; the preparation of feasibility studies;cash flow and economic evaluations, rate schedules and appraisals,.assistance Inobtaining financing for a project;evaluating processes available for licensing and assisting the CITY in obtaining process licensing, detailed quantity surveys of material, equipment and labor, and audits or inventories required in connection with construction parformed by the CITY. 0 Assistance In connection with Proposal/proposal protestsi re-bidding or re-negotiating contracts for construction, materials, equipment or services,unless then for such assistance is reasonably determined by the CITY to be caused by the CONSULTANT(e.g.deftcWe plans an or specifications which Inhibit contractors from submitting proposals) In which event there shall be no additional cost for the provision of such services. BOYMIM Beah Utflftks-Gcncw Cmawfing semices C-9 V.5 CLEAN FINAL Page 326 of 1256 • Preparing to serve or serving as a CONSULTANT or witness for the CITY in any ling n, arbitration or other legal or administrative proceeding. • Additional services in connection with a project not otherwise provided in this Agreement. • Services In connection with a project not o provided for in this Agreement. • Services in connection with a field order or change order requested by the CITY. O Providing artwork,models,or renderings as requested by the CITY. 1.3.2 When required by the Construction Contract documents in circumstances beyond the CONSULTANrs control,and upon the CITY'S authorization, it will furnish the following additional services. 4o Services in connection with work changes necessitated by unforeseen conditions encountered during construction. • Services after the award of each contract in evaluating and determining the acceptability of an unreasonable or excessive number of claims submitted by Contractor,except to the extent such claims are caused by the errors or omissions of the CONSULTANT. • Additional ore n services dufirV construction made necessary by 1) work damaged by fire or other cause during construction, 2) a signtlicant amount ofd or negligent work of any contractor,3) acceleration of the progress schedule Involving services beyond normal working hours,or 4)delault by any contractor: provided however, if a fire occurs as a direct result of errors or omissions int design by the CONSULTANT or If the CONSULTANT falls to notify the Contractor of the deficient quality of it workmanship pursuant to CONSULTANT'S duties as described in the Contract Documents,the CONSULTANT'S additional services shall be deemed part of is Services and compensated as such. 4 Services In connection with any partial utilization of any pan of a project by the CITY prior to Substantial Completion. A Services to evaluate dw propriety of substitutions or design alternates proposed by ft Contractor and involving methods of construction, materials, or major project components either during bidding and/or Negotiation services or Construction Contract award. The cost of such services shall be borne by the Contractor,and this requirement shall be included in the construction contract • Services In making revisions to drawings and specifications occasioned by the acceptance of substitutions proposed by the Contractor,unless such substitutions are due to a design error by the CONSULTANT in which case such services shall be deemed Basic Services. Except when caused by a design error by the CONSULTANT,the cost of such services shall be borne by the Contractor,and this requirement shall be included in the construction contract. Boynwn Renh Uffifies-Gen=[Consuking Senices C-1 0 V.5 CLEAN FINAL Page 327 of 1256 1.4 CITY'S RESPONSIBILITIES 1.4.1 The CITY shall dot fallovAng in a timely manner so as not to delay the services of the CONSULTANT. 1.4.1.1 Designate in writing a person or persons to act as the CITYS representative with respect to the services to be rendered and this AgreernerrL Such person(s) all have complete authority to transmit Instructions and receive Wormadon with rasped to the CONSULTANT'S services for a particular project.The CITY may have multiple CITY Representstive(s)or project managers during the performance of this AGREEMENT based on the specific task order&hwftn task orders from each of the Scope Categories. 1.4.1.2 Provide all criteria and full information as to the C! 'S requirements for the ProjecL including design objectives and constraints, space, capacity and performance requirements, fleAbility and expendability,and any budgetary limitations. 1.4.1.3 Assist the CONSULTANT by providing at the CONSULTANT'S request all available Information pertinent tot Project including previous reports and any otm data relative to design or construction of the project. 1.4.1 A Furnish to the CONSULTANT,if required for the performance of CONSULTANT'S services(emept where otherwise furnished by the CONSULTANT as Additional Services),the following: 1.4.1.5 Daft prepared by, or services of others, including out limitations borings, probins and subsurface explorations, hydrographic surveys, laboratory tests. and inspection of samples,materials and equipment; 1.4.1.6 Appropriate professional interpretaWns of all of the foregoing; 1.4.1.7 Environmental assessment and Impact statements; 1.4.1.8 Property, boundary, easement, fight-of-way, topographic and utility surveys, 1.4.1.9 Property descriptions; 1.4.1.10 Zoning,dead and other land use restrictions; 1.4.1.11 Approval and peffnits required In the CITY'S jurisdiction and those from outside agencies unless such approvals and permits am the responsibility of the CONSULTANT;and 1.4.1.12 Arrange for access to make all provisions fort CONSULTANT toenter upon the CITY'S prop" as required for the CONSULTANT to perform services under this Agreement. 1.4.1.13 Consistent with the professional standard of care and unless otherwise specifically provided herein, CONSULTANT shall be entitled to rely upon the accuracy ofd and information provided by the CITY or others out Independent review or evaluation. BopilDn Beach Uffilics-Gmend Camulfing.9twkes V-5 CLEAN FINAL C-11 Page 328 of 1256 1.5 SEQUENCE OF EVENTS 1.5.1 Following receipt of any task order/written task order,the CONSULTANT shah submit to the CITY, at least five (5) days prior to actual commencement of services, a schedule of services and expenses for approval by the CITY before any services commence. The CITY reserves the right to make changes to the sequence as necessary to facilitate the services or to minimize any conflict with operations. 1.6.2 Task orders will be Issued to the CONSULTANT in the order in which the CITY wishes,and shall be perfokmed and completed in the order they are issued, unless otherwise specifically permifted by the CITY. Minor adjustments to the timetable for completion approved by the CITY in advance, in writing, shall not constitute non-perlbrmance by CONSULTANT pursuant to this Agreement. 1.5.3 Proposals received by CONSULTANT as a result of took order to order that exceeds $25,000 in cost will require approval from CITY Commission before execution of services in accordance with the CITY'S Procurement Administrative Policy. 1.5A When the CITY Issues task orders to the CONSULTANT, each authorization shall contain a stated completion schedule. If caused by the negligent errors or amissions of CONSULTANT,fallure of the CONSULTANT to meet the stated schedule shall constitute a default for which payment for services may be withheld until default is cured. Time extensions will be reviewed upon request for extenuating circumstances. 1.5.6 It is anticipated and intended that the CONSULTANTYAll be authorized to begin new task orders an a"raging'basis,as some already assigned task orders near timely completion. If a subsequent Task Order is Issued to the CONSULTANT before it has completed the current task order, the completion date for each Task Order will remain independent of each other so that the CONSULTANT will priorfte the uncompleted Task Order from the first Task Order and finish as on as practical. Failure to complete the"older'task orders In a timety manner, may adversely impact upon continued early authicirization to start a subsequent work. 1.5.6 When the CONSULTANT has exceeded the stated completion date including any extension for extenuating circumstances which may have been granted, a written notice of Default will be Issued within seven(7) days of the date that:the default mea with a requirement of seven M days to cure said defoult, to the CONSULTANT and payment for services rendered shall be withheld until such time that the CITY has determined that default has been cured. 1.5.7 Should the CONSULTANT exceed the assigned completion time,the CITY reserves the right not to issue to the CONSULTANT any further task orders until such time as it Is no longer In default, and the CONSULTANT has demonstrated to the CITY'S satisfaction,the reasons for tardy completion have been addressed and are not likely to be repeated in subsequent task Boyaton B Utilities-Genew cmsultws samices C-12 V.5 CLEAN FINAL Page 329 of 1256 orders. This restricted Issuance provision may result in&a CONSULTANT not being issued off of the planned work the CITY anticipated in this Agreement The CONSULTANT shall have no right to the balance of any work,or to any compensation associated with these non-issued task orders due to the CONSULTANT being rendered in default. 1-5.8 Should the CONSULTANT remain Indefault for a period of filteen (15) consecutive calendar days beyond the time frame provided In Paragraph 1.5.6 the CITY may at its sole option retain another CONSULTANT to perform any work arising out of this Agreement and/or terminate this Agreement. 1.6 DEFINITION OF DEFAULT 1.6.1. An event of default shall mean a material breach of this Agreement Without limiting the generality of the foregoing and In addition to those Instances referred to as a material breach,an event of default shall include the folknft: CONSULTANT has not performed services on a timely basis due to CONSULTANT'S negligent an=or emissions; 46 CONSULTANT has refused or failed to supply enough properly skilled personnel: # CONSULTANT has failed to make prompt payments to SUB- CONSULTANTS or suppliers for any services after receiving payment from the CITY for such services or supplies'. 0 CONSULTANT has failed to obtain the approval of the CITY where required by this Agreement-, CONSULTANT has refused or failed to provide the services as defined in this Agreement; CONSULTANT has filed bankruptcy or any other such Insolvency proceeding and the some is not discharged within ninety(90)days of such date. ,0 CITY has failed to make payments to CONSULTANT In accordance with the requirements of this Agreement 1.6.2 Int event of Default,Me CONSULTANT shall be liable for all damages resulting from the Default including: 0 The difference between the amount that has been paid to the CONSULTANT and the amount required to complete the CONSULTANTS work. provided the fees by ft firm replacing the CONSULTANT are reasonable and the hourly rates do not exceed the CONSULTANT'S rates. This amount shall also include procurement and adirnmistrative costs incurred by the CITY. 40In the event of default by the City, CONSULTANT may suspend the Work pending receipt of such payment. 1.6.3. The CITY may take advantage of each and every remedy specifically wdsting at law or in equity. Each and every remedy shall be in addition to Boynton Benh Utilities-General Consulting Services V.5 CLFAN FINAL C43 Page 330 of 1256 every other remedy given or otherwise exiating,and may be exercised from time to time and as often and In such order as may be deemed expedient by the CITY. The exercise or the beginning of the exercise of one remedy shall not be deemed to be a waiver of the right to exercise any other remedy. The CITY'S rights and remedies as set forth in this Agreement are not exclusive and are in addition to any other rights and remedies available to the CITY in law or in equity. ARTICLE 2-TERM 2.1 The initial Contract period shall be for an Initial two(2)years,commencing at the execution of ft contract,and the City reserves ft right to unilaterally renew the contract for three (3) additional one (1) year periods under the same terms, conditions.The CONSULTANT understands and acknowledges that the Services to be performed during the two(2)year term will be govemed by this Agreement, and that there is no guarantee of future work being given to the CONSULTANT. 2.2 Int event that services ate scheduled to end either by contract expiration or by termination by the CITY (at the CITYS discretion), the CONSULTANT shall continue the services, If requested by the CITY, or until task or tasks islare completed.At no time shall this transitional period extend more then one-hundred and eighty(1 80)calendar days beyond the expiration date of the existing contract. The CONSULTANT will be reimbursed for this service at the rate in effect when this transitional period dause was Invoked by the CITY. ARTICLE3. MgOFPERFORMMCE 3.1 Work and this Contract shall commence upon the giving of written notice by the CITY to the CONSULTANT by way of an executed task order and resultant task order. CONSULTANT shall perform all services and provide all work product required pursuant to this Contract and the specific task order by the Sequence of Events,or unless ane nsion of Sme Is granted in writing by the CITY. ARTICLE 4- 4.1 The CONSULTANT shall be paid by the CITY for completed work and for services rendered under this agreement as follows: * Payment for the work provided by CONSULTANT shall be made In accordance with the Fee Schedule as provided in Exhibit'A'attached hereto. * Payment asp id In this Section shall be full compensation for work performed,services rendered and for all materials,supplies,equipment and Incidentals necessary to complete the work. * Compensation for sub-CONSULTANTS will be negotiated based on each task order. Compensation will be through a direct mark-up in accordance with the Schedule of Professional Fees attached hereto. Sub-consufflng services shall be approved by the CITY'S representative prior to performance of the sub-consulting work. Bayffion Bewh Utilities-Gen aw co"Uhing semccs C-14 V.5 AN FINAL Page 331 of 1256 Consulting time for processing and management of the sub- CONSULTANT shall not be included in direct costs as the direct mark- up is applied for management efforts, 4 7he CONSULTANT may submit vouchers to the CITY on per month during the program of the Work for partial payment for project completed to dab. Such vouchers will be verified by the CITY, and upon approval thereof,payment will be made to the CONSULTANT in the amount approved. 0 In certain cases where Incremental billing for partially completed Work is permitted by the CITYS representative,the total Incremental billings shall not exceed the percentage ofestimated completion of Identifiable del es ora deliverables,as of the billing daft. 4 Computation of Time Charges/Not-to-Exceed Method of Payment: When a service is to be compensated based on time chargelnot4o- exceed method, the CONSULTANT shall submit a nol-to-exceed proposaI to the CITY'S representative for prior approval based on estimated labor hours and hourly rates which shall not exceed the established hourly rates as per the Schedule of Professional Fees attached hereto, plus sub-CONSULTANT services and other related costs supporting the proposed work. The CITY shall not be obligated to reimburse the CONSULTANT for costs Incurred in mamas ofthe total nct4D-exceed cost amount. Final payment of any balance due the CONSULTANT of the total contract price earned will be made promptly upon its ascartainment and verification by the CITY after the completion of the Work under this Agreement and ft acceptance by the CITY,which shall occur no later than 30 days following receipt of the invoice. 4- EkWJava{ _9 In order for both parties herein to dose their books and records, the CONSULTANT will dearly state "fin gjnvokM" on the CONSULTANTS final/lost billing to the CITY. The final invoice certifies that all services have been properly performed and all charges and its have been invoiced to the CITY. Since this account will thereupon be closed, and any other further charges if not properly included on this invoice are considered waived by the CONSULTANT. The cost of all services as stated herein shall remain find and fim for the initial two (2) year period of the contract. Cob-to for subsequent years and any extension terms shall be subject to an adjustment only if increases Incur in the industry. However, unless very unusual and significant changes have occurred in the Industry,such Increases shall not exceed 595 per year, or whichever is less, the latest yearly percentage increase in the All Urban Consumers Price index(CPI-U) (NatlonaQ as published by the Bureau of Labor Statistics, U.S. Department Labor. The yearly increase,or decrease in the CPI shall be the latest index published and available ninety(00)days prior to the end of the contract yeart n in effect, compared to the index for the Boynton Besch Utilities-General Consulting Services V.5 CLEAN FINAL C45 Page 332 of 1256 same month one(1)year prior. Any requested cost incressis shall be fully documented and submitted to the CITY at least sixty (60) days prior to the contract anniversary date. Any approved cost adjustments shall become effective upon the anniversary date of the contract. In the event the CPI ori costs decline, the CITY shall have the right to receive from the CONSULTANT. a reasonable reduction in costs that reffect such changes in the industry. The CITY may after wourination,refuse to accept the adjusted costs if they are not property documented. increases are considered to be excessive,at decreases are considered to be Insufficient In the event the CITY does not wish to accept the adjusted costs and the matter cannot be resolved to ft satisfaction of the CITY,the Contract may be cancelled by the CITY upon giving thirty (30) calendar days written notice to the CONSULTANT ARTICLE 5-OWMMHIP_MD U§LgE QgMMEN, 5.1 Upon completion of the project and final payment to CONSULTANT, all documents, drawings, specifications and other materials produced by the CONSULTANT in connection with the services rendered under this Contract the documents shall be the property of the CITY whether the Project for which they are made Is executed or not. Notwithstanding the foregoing,the CONSULTANT shall maintain the rights to reuse standard details and other design features on other proects.The CONSULTANT shall be permitted to retain copies, Including reproducible copies,of drawings and speofficaffons for Information,reference and use in connection with CONSULT 'S endeavors. Any use oft documents for purposes of than as originally intended by this Contract,without the written consent of CONSULTANT.shall be at the CITY'S sole risk and wiftut liability to CONSULTANT and CONSULTANT'S sub-CONSULTANTS. ARTICLE 6-EUMNG 6.1 This Contract shall remain in full force and effect only as long as the expenditures provided In the Contract have been appropriated by the City Commission of Boynton Beach in the annual budget for each fiscal year of this Contract.and is subject to termination based on lack of funding. ARTICLE 7-WARRANTIES AM fljPMgMMQMM 7.1 CONSULTANT represents and warrants to the CITY that it is competent to engage in the scope of services contemplated under this Contract and that it will retain and assign qualified professionals to all assigned projects during the term of this Contract. CONSULTANT'S services shall meet a standard of care for professional engineering and related services equal to the standard of care for engineering professional practicing under similar conditions. In submitting its response to the RFQ, CONSULTANT has represented to CITY that certain individuals employed by CONSULTANT shall provide services to CITY pursuard to this Contract. CITY has relied upon such representations. Therefore,CONSULTANT shall not change Boynton Beach Utilities-Gencral Consulting Services V.5 CLEAN FINAL C-16 Page 333 of 1256 the designated Project Manager for any project without the advance written approvaI of the CITY,which consent shall not be unreasonably withhold. ARTICLE a-2QN0JA"QLMMJLA= 8.1 CONSULTANT shall, In perfixming the services contemplated by this service Contract, Ialffdugy observe and comply with all federal. state and local laws, ordinances and regulations that are applicable to the services to be rendered under this Contract,shall review and comply with laws,regulations,codes and standards In effect as of the date of this agreement that are applicable to CONSULTANT'S services and shall exercise professional care and judgment to comply with requirements Imposed by ala authorities having jurisdiction over the project. Should changes in any law,ordinance,or regulartlon result in increased costs or delays to services rendered,both parfies agree to an equitable adjustment to schedules and prices. ARTICLE 9 -I 9.1 Subject to the limiting provisions of Florida Statute 725.0 8,CONSULTANT shall indemnify, and hold harmless the CITY, ft offices, agents and employees,from and against any and all losses, or any portion thereof, including reasonable attorneys'less and costs,arising from Injury or death to persons,including injuries, atckness, disease or death to CONSULTANTS own employees, or damage to property to the extort caused by negligenm recklessness, orintentionally wrongful conduct of CONSULTANT or other persons employed or utilized by CONSULTANT in performance of CON SULT ANT'S dudes. Neither party to this Contract shatil be liable for any special, incidental, indirect or consequential damages of any kind,Including but not limited to lost profits or use that ffri result from this Contract or out of the services oro furnished hereunder. 9.2 To the greatest extent permitted pursuent to Section 725.06, Florida Statutes, CONSULTANT's Indemnification obligation (when providing services to CITY) shall not exceed the value of CONSULTANT's total compensation. Such obligation shall not be construed to negate, abridge or otherwise reduce other rights or obligations of Indemnity which would otherwise exist as to a party or person described In this Article. PURSUANT TO FLORIDA STATUTE, NO INDIVIDUAL DESIGN PROFESSIONAL EMPLOYED BY OR ACTING AS AN AGENT OF CONSULTANT MAY BE HELD INDIVIDUALLY LIABLE FOR DAMAGES RESULTING FROM THE NEGLIGENCE OCCURRING WITHIN THE COURSE AND SCOPE OF THIS PROFESSIONAL SERVICES AGREEMENT Boynton Bea6 Utilities-0encral Cons dting Semicer, V.5 CLEAN FINAL C-17 Page 334 of 1256 ARTICLE 10-I 10.1 During the performance of the services under this Contract.CONSULTANT shall maintain the fol ng insurance policies, and provide certificates of insurance evidencing such coverages and limb, and shall be written by an insurance company authorized to do business in Florida. 10.1.1 Worker's Compensation Insurance: The CONSULTANT shall proctire and maintain for the life of this Contract, Warker's Compensation Insurance covering all employees with limb meeting all applicable to and federal MwL CONSULTANT shall include the Worker's Compensation and Employers Liability Insurance requirements In Its subcontracts. This coverage shall include Employer's Liability with limits maefing all applicable state and federal lam. This coverage must extend to any sub- CONSULTANT that does not have their own Workees Compensation and Employer's Liability Insurance,unless not required by statute. The policy must contain a waiver of subrogation In favor ofthe CITY of Boynton Beach, executed by the Insurance company. 10.1.2 Comprehensive General Liability, The CONSULTANT shag procure and maintain for the life of this Contract Comprehensive General Liability Insurance. This coverage shall be on an'Occurrencd*basis. Coverage shall Include Premises and Operations;Independent Contractors,Products Completed Operations and Contractual Liability with specific reference of Article 9, 'Indemnification' of this Contract. This policy shall provide coverage for death, personal injury or property damage that could arise directly or indirectly from CONSULTANTS negligent performance of this Agreement. CONTRACTOR shall maintain a minimum coverage of $1,000,000 per occurrence and$1,000,000 aggregate for personal Injury/ and $1,D .000 per occurrence/aggregate for property damage. The general liability Insurance shall Include the CITY as an additional Insured and shall Include a provision prohibiting cancellation of the policy upon thirty(30)days prior written notice to the CITY,except for cancellation due to non-payment of premium. 10.1.3 Business Automobile Liability: The CONSULTANT shall procure and maintain. for the life of this Contract Business Automobile Liability Insurance. The CONSULTANT shall maintain a $1,000,000 combined single Omit for bodily injury and property damage liability to protect the CONSULTANT from claims for damage for bodily and personal injury, including death, as well as from dalms for property damage,which may arise from the ownership, use of maintenance of owned and non-owned automobile, included rented automobiles,whether such operations be by the CONSULTANT or by anyone directly or Indirectly employed by the CONSULTANT. 10.1.4 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 per claim/aggregate. Boymon Beach Utilities-GenerW Comiting SaMces V3 CLEAN FINAL ®1 Page 335 of 1256 10.2 It shall be the responsibility of the CONSULTANT to ensure that all sub- CONSULTANTS comply with the same Insurance requirements n9wenced above. 10.3 In the judgment of the CITY, prevailing conditions warrant the provision by the CONSULTANT of additional liability Insurance coverage or coverage which is diffisrent in kind, the CITY reserves the right to require the provision by CONSULTANT of an amount of coverage different from the amounts or kind previously required and shall aftrd written notice of such change in requirements thirty (30) days prior to the date on which the requirements shall take effect. Should the CONSULTANT fail or refuse to satisly the requirement of changed coverage within the thirty(30)days following the CITY'S written notice,the CITY, at Its sole option, may terminate the Contract upon written notice to the CONSULTANT,said teffnination taking effect an the date that the required change in policy coverage would otherwise to effect. 10.4 CONSULTANT shall,fora period of two(2)years following the termination of the Agreement,maintain a it coverage in an amount equal to that described above If coverage is not otherwise renewed for Comprehensive Liability Insurance on a claims-made policy only. ARTICLE 11.1 1 11.1 The CONSULTANT and the CITY agree that the CONSULTANT is an independent CONSULTANT with respect to the services provided pursuant to this Contract. Nothing in this Contract shall be considered to create the relationship of employer and employee between the parties herelo. Neither CONSULTANT nor any employee of CONSULTANT shall be entitled to any benefits accorded CITY employees by virtue of the services provided under this Contract.The CITY shag not be responsible for withholding or otherwise deducting federal Income tax or sociaI security or for contributing to the state industrial Insurance program, otherwise assuming the duties or an employer with rasped to CONSULTANT,or any employee of CONSULTANT. 11.2 CONSULTANT acknowledges and understands that, as an Independent CONSULTANT pursuant to this AgreemeM CONSULTANT shag comply with Chapter 119, Florida Statutes, as amended(Public Records). CONSULTANT'S obligation Includes, but is not limited to CONSULTANTS obligation to preserve public records and make public records available to third parties In addition to the CITY. ARTICLE 12 -G T I T FEES 12.°E The CONSULTANT warrants that he has riot employed or retained any company or person,other than a bona fide employee working solely for the CONSULTANT, to solicit ors this Contract,and that he has not paid or agreed to pay any company or person, other than a bon employee working sollely for the CONSULTANTany fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty,the CITY shall have the right to annul this Contract without liability or,In its discretion to deduct from the contract Boynton Beach Utilities-Ciencal Consulting Services V-5 CLEAN FINAL C-19 Page 336 of 1256 price or consideration, or otherwise recover, the full amount of such fee, commission,percentage,brokerage fee,gift,or contingent fee. ARTICLE 13— U - TI _t_ 13.1 Execution of this Contract by the CONSULTANT shall act as the execution of a truth-in-negodation cartificate certifying that the wage rates and code used to determine the compensation provided for in this Contract is accurate, complete, and current as of the date of the ContracL 13.2 The said rates and cost shall be adjusted to exclude any significant sums should the CITY determine that the rates and costs were increased due to Inaccurate, incompW or non-current wage rates or due to Inaccurate representations of faes paid tooutside CONSULTANTS. The City shall exercise Its rights under this 'Certificate'within one(1)year following payment. ARTICLE 14-LIUMCONTRA 14.1 The CITY reserves the right to accept the use of a SUB-CONSULTANT or to reject the selection of a particular sub-CONSULTANT and to Inspect all facilities of any SUB-CONSULTANTS In order to make a detaffnination.as to the capabft of the SUB-CONSULTANT to perform properly under this contract. The CONSULTANT is encouraged to seek local vendors for participation In subcontracting opportunities. If the CONSULTANT uses any sub CONSULTANTS on this project the following provisions of this Article shall apply. 14.2 If a SUB-CONSULTANT falls to perform or make progress, as required by this Contract,and it is necessary to replace the SUB-CONSULTANT to complete the work in a timely fashion, the CONSULTANT all promptly do so, subject to acceptance of the now SUB-CONSULTANT by the CITY. The substitution of a subcontractor shall not be adequate cause to excuse a delay in the pmformance any portion of this contract as set forth in the Scope of Work. 14.3 The CONSULTANT, its SUB-CONSULTANTS. agents, servants, or employees agree to be bound by the Terms and Conditions of this Contract and Irs agreement with the SUB-CONSULTANT for work to be performed for the City the CONSULTANT must incorporate the terms of this contract. ARTICLE 15-PJPCFUMINATION PROHIBITED 15.1 The CONSULTANT,with regard to the work performed by it under this Contract, will not discriminate on the grounds of race,color,national origin,religion,creed, age,sex or the presence of any physical or sensory handicap int selection and retention of employees or procurement of materials or supplies. ARTICLE 16-ASSIGNMENT 16.1 The CONSULTANT shall not sublet or assign any of the services covered by this Contract out the express written consent oft CITY. Boynton Beach Utilities-General Consulting Servkcs V.5 CLEAN FINAL C-20 Page 337 of 1256 ARTICLE 17- 17.1 A walver by either CITY or CONSULTANT of any breach of this Contract all not be binding upon the waiving party unless such waiver is in writing. In the event of a written waiver, such a waiver shall not affect the waiving partys rights with rasped to any other or furtheir breach. The making or acceptance of a payment by efther party with knowledge of the existence of a default or breach shag not operate or be construed tooperate as a waiver of any subsequent default or breach. ARTICLE 18— 18.1 T@Mlnatlon for_QgMMpknpe: This Contract may be terminated by the CITY for convenience,upon ton(I D)days of written notice by the terminating party to the other party for such termination in which evenit the CONSULTANT shag be paid its compensation for services performed to termination date, including services reasonably related to termination. In the event that the CONSULTANT abandons the Contract or causes Kto be terminaW,CONSULTANT shall Indemnify the CITY against loss pertaining to this termination. 18.2 TmIndonfor Q91pult In addition to all o0w remedies available to the CITY,this Contract shall be subject to cancellation by the CITY for cause, should the CONSULTANT negled:or fail to perform or observe any of the material terms, provisions,conditions,or requirements herein contained,if such ned or failure continue fora period of thirty(30)days aft receipt by CONSULTANT of written notice of such negled:or failure. In the event of non-payment of other mat er'al breach of this Contract by CITY, the Contract is subject to cancellation by CONSULTANT should such condition continue for a period of thirty(30)days after receipt by CITY of written notice of breach. ARTICLE 19—DISP XRAN2-%MM 19.1 Any dispute arizing out of the terms or conditions of this Contract shag be adjudicated within the courts of Florida.Further,this Contract shall be construed under Florida Law. Claims, disputes or other matters in question betwen the parties to this Contract wising out of or relating to this Contract shall be In a court of law. The CITY does not consent to mediation or arbitration for any matter connected to this Contract. The parties agree 1hat any action arising out of this Contract shag take place in Palm Beach County,Florida, ARTICLE 20—M"QQKM26LA§LLEgBCE 1 20.1 Neither the CITY nor CONSULTANT shall be considered to be in default of this Contract if delays in or failure of performance shall be due to Uncontrollable Forces. the effect of which, by the exercise of reasonable diligence, the non- performing party could not avold. The term'Uncontrollable ForcW shall mean any event which results in the prevention or delay of performance by a party of Its obligations under this Contract and which Is beyond the reasonable control of the non-peftrming party. It Includes, but Is not limited to fire, flood, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage, and Boynton Beach Utilities-Gencral Cbmulting Services V.5 CLEAN MAL C-21 Page 338 of 1256 governmental actions. In such circumstances, parties agree to an equitable adjustment of schedules and prices. 20.2 Neither party shall.however,be excused from performance F non-performence is due to forces which are preventable,removable,or remediable,and which the non- performing party could have,with the exercise of reasonable diligence,prevented, removed,or remedied with reasonable dispatch. The non-performing party shall, withIn a reasonable time of being prevented or delayed from performance by an uncontrollable force, give written notice to the other party describing the circumstances and uncontrollable forces preventing continued performance of the obligations of this Contract. ARTICLE 1—CITY-PROVIDED lWaRIVIAMON ANQMMM 21.1 CITY shall fumish CONSULTANT available studies, reports and other data .pertinent to CONSULTANT'S services-, obtain orauthorize CONSULTANT to obtain or provide additional reports and data as required,fumish to CONSULTANT services of others requited for the parkmance of CONSULTANT's services hereunder, and CONSULTANT shall be entitled to use and rely upon all such Information and services provided by CITY or others in performing CONSULTANTrS services under this Agreement. ARTICLE 22—ESTIMATES ANQ, 22.1 In providing opinions of cost financial analyses,economic fessibility projections, and schedules for potential pro",CONSULTANT has no control over oDst or price of labor and material;unknown or Went conditions of existing equipment or structures that may affect operation aid maintenance costs; compattft bidding procedures and market conditions;time or quality of performance of third parties; quality, "a, managemsK or direction of operating personnel; and other economic and operational factors that may materially affect the ultimate pmJect cost or schedule.Therefore,CONSULTANT makes no warranty that CITY'S actual project costs, financial aspects, economic feasibility, or schedules will not vary from CONSULTANTS opinions,anallyses,projections,or esfirnates. ARTICLE 23®EfflRE60TIM 23.1 The services to be performed by CONSULTANT are intended solely for the benefit of CITY.No person or entity not a signatory to this Agreement shall be entitled to rely on CONSULTANTS peiforrnanoe of Its services hereunder, and no right to assert a claim against CONSULTANT by assignment of indemnity rights or othenAfise shall awA-us to a third party as a result of this Agreement or the performance of CONSULTANTS services hereunder. Boynton Bowl Utilities-Genend Consulting Services V.5 CLEAN FINAL Page 339 of 1256 ARTICLE 24-M9MCM 24.1 Ali notices required in this Contract shall be sent to the CITY and shall be mailed to: --dftv of-Boynton Beach Alter-Utilities Director C#y of PpygLon Beach 124 E.Woolbriaht Road Attn:Procurement Services ftnton Beach,FL 33435 P.O.Box 310 gMton Beach,FL 33426 And Notices to CONSULTANT,shall be sent to the following address: Calvin,Giordano&Associl!gg,Inc. Attn:Sheik Elchnar 560 Villeas Blvd. Suite 340 West Palm Beach,FL 33409 ARTICLE 26-INTEGRATEDAQ_RlgMgN_T 25A This Contract,together with the RFQIRFP and any addends arKVor attachments, represents the entire and Integrated agreement between the CITY and the CONSULTANT and supersedes all prior negotiations, representations, or agreements written or I. This Contract may be amended only by written instrument signed by both CITY and CONSULTANT. 25.2 In the event of a conflict between a provision of this Agreement and a provision of an Individual Task Order,the provision of the Task Order will control. ARTICLE 26- 26.1 CITY is a political subdivision of the State of Florida and enjoys sovereign Immunity. Nothing in the Agreement is intended, nor shall be construed or interpreted,to waive or modffy to immunities and limitations on liability provided for In Section 766.28, Florida Statuis, as may be emended from time to time,or any successor statute thereof. To the contrary.all to and provisions contained in ft Contract,or any disagreement or dispute concerning it shall be construed or resolved so as to insure CITY of the limitation from liability provided to any successor statute thered. To this contrary,all terms and provision contained in the Contract,or any disagreement or dispute concerning it,shall be construed or resolved so as to Insure CITY of the limitation from liability provided to ft State's subdivisions by state law. 26.2 In conn ion with any litigation or other proceeding arising out of Me Contract,the prevailing party shall be entitled to recover its own costs and attorney fees through and including any appeals and any post-judgment proceedings. CITY'S liability for costs and attorneys few,however,shall not alter or waive CITY'S entitlement to BoynbDa H Udlides-Gcn=W ConsuWng SeMces C-23 V.5 CLEAN FINAL Page 340 of 1256 sovereI gn immunity, or extend CITY'S liability beyond Me 11mits established in Section 768.28,Florida Statuta,as amended. ARMLE 27—EMMJQB&Qg= 271 The City is public agency subject to Chapter 119, Florida Statutes. The CONSULTANT shall comply with Florida's Public Records Law. Specifically, the Contractor shall: A. Keep and maintain public records required by the CITY to perform the service; B. Upon request from the CITY'S custodian of public records,provide the CITY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in chapter 119,Fla.Stat.or as otherwise provided by law; C. Ensure that public records that are exempt or that am confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the contract to and, following completion of the contact, Contractor shall destroy all copies of such confidential and exempt records remaining in its possession once the Contractor transfers the records in its possession to the CITY;and D. Upon completion of the contr=%Contractor shall trawfer to the CITY, at no costto 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 fomut that is compatible with the information technology systems of the MY E. IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUES, TO THE CONTRACT`OR'S DUTY TO PROVEDE PUBLIC RECORDS RELATING TO THIS CONTRACT,CONTACT THE CUSTODIAN OF PUBLIC RECORDS: (CrrY CLERK) P.O.BOX 310 BOYNTON BEACH,FLOWDA,33425 561-742-6061. PYLEMBBFL. S Boyaton Bewh utilities-Gmeral consulting services V.5 CIEM FWAL C�u Page 341 of 1256 ................. Arfide 29-LIMITA17ON OF LIABILITY THE PARTIES HAVE EVALUATED THE RESPECTIVE RISKS AND REMEDIES UNDER TIES AGREEMENT AND AGREE TO ALLOCATE THE RISKS AND RESTRICT THE REMEDIES TO REFLECT THAT EVALUATION. CITY AGREES TO RESTRICT ITS REMEDMS UNDER THIS AGREEMENT AGAINST CONSULTANT, ITS PARENTS, AFFILIATES AND SUBSIDIARIES,AND THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS AND ENIPLOYEES, ("COS 'S COVERED PARTIES-), SO THAT THE TOTAL AGGREGATE LIABILITY OF THE CONSULTANT'S COVERED PARTIES SHALL NOT EXCEED THE VALUE OF CONSULTANT'S SERVICES UNDER THE ASSIGNED TASK ORDER. THIS RESTRICTION OF REMEDIES SHALL APPLY TD ALL SUITS,CLAIMS,ACTIONS,LOSSES,COSTS(INCLUDING ATTORNEY FEES)AND DAMAGES OF ANY NATURE ARISING FROM OR RELATED TD THIS AGREEMENT WITHOUT REGARD TO THE LEGAL THEORY UNDER WHICH SUCH LIABILITY IS IMPOSED. CLAIMS MUST BE BROUGHT WITHIN ONE CALENDAR YEAR FROM PERFORMANCE OF THE SERVICES UNLESS A LONGER PERIOD IS REQUHtED BY W. 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�!L day of 20 CITY OF BOYNTON BEACH City ffam–ager COQ 9TTANT Attest/Authenticated: Ticy tle (Corporate Seal) aft—Y Appto t/Authen v- MAW the Cltpllney Secretary Bapton Beach Wides-CmwW Consulft Semices C-25 W CLEAN FINAL Page 342 of 1256 EXHIBM"N' SCOPE D - FEE SCHEDULE QMI. 0711M L018 AWN—D E EETIN§_Nl ti rl PrInd M $215-00 $190.00 $17S.00 SeniorTranspo Itatlon Planner Senior Surveyor/M!pper In.gineer $130.00 Urban Desi rear $12040 Trans o #Ion Planner $125.00 Environme $125.00 $100-00 GIS ecialist $125M CADD/Technician $95.OD Trans pnlion Planni c €€iciara $100.00 CJerIcal/AdmiNstrative $75.00 ReImbursab Ex ense - Direct costs such as postage,prints,delivery service will be billed at cost. Boynton Beach Utilities-General Consulting Savices C�m V.5 MAN FTNAL Page 343 of 1256 EXHIM"B" CI&ofBoyntlon Beach Risk Menagootmi Department F RM 9 Under the terms and conditions ofall conftscts�loam,and agroemes,tkw City t9quires appropriate covereW Hgft the City of Boyas Additional Insured. This Is dome by providing a Certificate oflownwoo Holing the City u"Cufficure Holdee and Mw City ofBoynton Bud is Addillonal Inotned as respect to coverages noted."harmucc cons;audes pvvidin imsmurce coversaw must have a curmt raft by AAE Bcst Co.of"S'�or higher (NTE:R inwano conivact or bwdkr ~be ~qfhasw-wore ffC,*rt&uL-Isp—kfed W--kcrion qi'vaidar.) TIMIlisliffivinglORBOoft!POOffilfiansam requited ofcontractoce.le o&cack,and the limits required by the City. UMM. We Math notaill Ischadva and ffieCky reserves the right to require additional types othouranec,or to rain orlawar the stated limits,bond open Identified Ask.) M (Occurrance Based Only) hM2AwMLwMHEQ1UM GencralLiability CMKYW A 1 S 11OW000.00 Commercial Gw=1 Liability Products-CareqW0jo AM S 1,000 000.00 OWMIM&COMURCIDea Proloclive(OCP) Femonal&Ady.injury S 1,000,000.00 Liquor Liability Elach Occurrence $1,00%000.00 Profissional Liability Fire Bastrop(any we fffe) $ $0,000.00 Empk&m&OMCM Med.Evense(any our Person) 3 5,000.00 Ponution.Liewlity Asbestos Abaftroard Lad Abakocrt Broad Fears Vendors Premise:Opennioms U F-plosion&Colippe Products C—pkftd Opamfluses Contructual Brood Form Prop"Damage Fire 120 Liability Automobile liability Combined Single Unit S 500,000.00 Any Auto Bodily Wory(per person) to be determined All ut Bodily h4my(per—!dent) to be Aftwhiod Scheduled Autus Proparty D-kW to be dvknduod Hired Autos Tnna hftrcbmw S 50,000.00 Non-Owned Autos PIP Basic 1ntffmodaJ G—V Liability Am Only,Each Accident S 1. .00 AioyAuw Other Than Auto Only 5 100,00.00 GMW X-p—Liability Each Accident S 1.000,000.00 Aggregate S 1, .00 Excessumity, Emb Occurrefto to be detannined Umbrella Form Anreptc, to he determined Wcompensation Statwowy Limits Employees Liability Both Aders S 100,000.00 DiPolky Limit S 500,0M.00 Mmew Emb Employee S 100.000.00 propav Homeowners Revocable Permit S 300,000.00 Buildees Risk Limas boxed an Project Cost Other- As Risk ldcadfled to be datennined Boynton Bewh utilities-Cknerw CMSUWDB Services V.5 CLEAN FINAL C-27 Page 344 of 1256 EXHIBff"C" PERFORMANCE EVALUATION FORM CONSULTING ENGINEERS Dwm-. Nam of Flnu; Office i P. miccCel Ae9.aw" at a FM DocumenVB, VContmcwr Award CONgrRUMON CONYRACT DATA E7 d R=onnumded for Pubm CozMacW Boynton Btwh Utilities-Gwaal Conmlfmg 9mvices C-26 V.5 CLEAN FINAL Page 345 of 1256 EXHIBIrr"C" PERFORMANCE EVALUATION FORM CONSULDNG ENGINEERS(CONTHqLIED) DESIOWENGINEERING SERVICES AND PRELIMINARY BID DOCUMENT PREPARTION PHASE Rate numerical!v I to 6 with 6 being the h1ahest score NIA 1. -Tho MuQhs[teins gaj!!eo_ 11 12 13 4— 5 1 1 -LtinI` ti s11 4 3L Oft! _4L Coo 6- Th"we I i 6 *Ph .Plants C aCwra Treliminary adminismited stuff reviewlevaluation of kwels of clarity,accuracy,and coordMon bahveen disciplines. Name and title of raft ofter(e.a.Utilities Niao-67, Signature of rating affloer: FINAL DOCUMENT PREPARATION,BID,&AWARD BY CONSULTANT Rate numericaII Its a Igheat scom N/A 1. &M afford 22Mg2b:flon 1 2 3 14 5 1 1 2 Spam corn pleteMorough 11 2 13 4 3. Accuracy of documents 1 2 3 4 5 4. _BMN! hers its astime 1 2 3 4 5 C2Mrative afflude 1 2 3 4 1 E 5 6. Timeliness of submissions T— - A �T— fEl --� 5 7 on 1 2 3 4 5. i Pre-Nd oonference wm�b & ResDonse to Inauldes 1 2 4 Q. Bid w Aline ss 1 2 13 4 15 10. R2Ep20sejjpgIdits g&gMittina agencies 1 2 3 4 15 1 11. Addendum preparation&permit applicutinns Ell 2 3 4 15 Name and tMe of rgg e. . Dies Diror Signature of rpj!qo er:. B Bewh Utilities-(keneral Corakilting Servim V.5 CLFAN FINAL C-20 Page 346 of 1256 EXHIRIT"C" PERFORMANCE EVALUATION FORM CONSULTING ENGINEERS(CONTINUED) CONSTRUCTION PHASE COMPLETION Rate num9r!M!k,1to 5 with 5 IpA the hi host score I N/A 1. Draufinas Refled True Conditions i 2 3 14 15 1 2. Plansl8peas Anated 1 2 3 _4 2 3 4 6 4. Ti l Is 1 2 5. Product/Equipment � 'lalt 1 2 3 4 -5 677—Field Consultation and IMLegVItions 1 2 3 4 5 )Wt Servioes j 2 3 4 9- & Overall Construction Contract Administration 1 4 PE�eqt Closeout Documentation Review I 24E 4 5- 2 5 _10, valid` of Claims for Extra Costs 3 4 #5 11. , Did Consultant provide suftent copies of signed plansto allow for firnely review and approval by all 1 2 3 4 5 Permlifing Nancles? 12. Did the Consultant actively participate in overoomlng problems with the Con r,Building 1 2 3 4 6 I Officials an Regulato A ndes? 13. Change Order pry in (Accuracy,Timeliness, 1 2 3 4 5 Documentation. 14. Dd the Consultant exeralse adequateleftefing 000rdination and coniml of suboonsultant(s)or I 2 3 4 5 assoclateW work and 15. 1 Proactive Participation In Resolution of DIV!LeUs? 1 1=4 Boyatm Beach Utilities-Genual Coonsulting Services V.5 CLEAN FINAL C-30 Page 347 of 1256 EXHIBIT"C" PERFORMANCE EVALUATION FORM CONSULTING ENGINEERS (congnued) PLANNIMSTUDY ACTWITY, ®,OTHER Rate numerically 1 to 5 writthk 5 being the lahestscons WA DgLoygh,!Mftof situation or acfiv' 1 2 3 4 15 2. Coop!gplive attitude 1 2 3 4 6 3. Timelkms of submissions 1 2 3 4 5 4. Apmrapy of docu nts 1 2 3 4 5--- 5. Did the Consul tard oftar cost saWng sod otos 1 J2 4 5 6. Did the Consuftant advely perfielpate In probloW—-f— 2 3 4 5 J , I wlAng? 7-- Ovenall resub 1 2 3 4 -g--' Boyatm Beach Utilities-Gen erat Consulting Services C-31 V5 CLEAN FINAL Page 348 of 1256 SAFELLC-M CERTIFICATE OF LIABILITY INSURANCE 1 08MG12018 THIS CERTIFICATE 0 ISSUED AS A NIATTER OF INFORMATION ONLV AND ODWERS NIB RKWO UPON THE CERTIFICATE HOLISM TRIS CERTIFICATE DOES NOT AFFIRMATMELY OR NEGATIMMY MEND. EtTEND OR ALTER THE ODVERAGE AFFORDED BY THE POLICIES BELOW. nM CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BfffVIM THE ISSUING WWRERIS�AUMORMED REPRESENRAME Olt PRM=M AND ME COMMIFICCA'11 KOLDEPL RIPORTANTI 9 do*Rgkgft Sahara on ADDITIONAL INSURED.SO pol"Ps)mud hawAD"NALf !? pmvbftm or he andomed. N SURROGUION IS the ftnns and CWHINIONG efthe pobxE�cafialn pokka.may Inquire an anclomasent.A allftnmd on ROMMgM does===10 coRifficals adder In Ion of owhoadonmovenUall. FROMMMIR mw_ RUN Simmons gwvkm8564NN MAEVWmksrDr. __jKft.L312 Sulam Chkago,OL EMI MAN am ffm n It MURED CWft Munkno&Assoudes,Inc. NAME.N_vkMjM Insuningg QMEgWK_4=7 IM Saw Dan suman il 29M Pad Laudadids.FIL 33216 Y07WZ INIUMF- lIR 'PHIS 15 TO CERTIFY THAT THE Zp 8 OF INSURANCE LISTED SELOWHAVE BEEN MSUEDTO THE INSURED NAMED ABOW FOR THE POLICY PEROD INDIGAIM NOTAITHSIANDMIG F6 1AREMENT,TERM OR CONDITION OF ART CONTRACT OR OTHER DOCUMENT VATH RESPECT TO MICI MIS CERTINGATE MAY BE ISSUED OR MAY PERTAIN,THEY AFFORDED BY THE POU=DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS:OF SUCH POLICIES.LIMITS WK)WIN MAY HAW BEEN REDUCED BY FAU)CLAM Moo AM SUGH AM Lim TwoorboRMAM POLICY LMM A x caussawaLconsou uwaLffy cumm"Mm 83UENZV3Kl t t tU MAK90MR.- LIMITAnPER X pm= Lor MATCHUNIXUARK." 91 SDS ANY AM -I%WLE0 ENZYMES MIFMC offlUmp Zwomy r OCCLIN 1 X OMML" ICH17EXCOBSWW 1=10017 t tis X x 0 ENEXECUM F.W.1610M E NIA in N or'sim E mamar=g-m- 8777-00 -IVEM7- Each CklywdAnautaft C000.000 HOLDER SHOIDDANY OPINE ABOYS DWREED PMZUBECANMUADMWM THE RXPM7= &In9tf E WILL BE DELPARED IN City of valodan Beach ACCOKDAWAVMM PAL Box 310 Boynton Suck FL SUM ACORD 26(MIMS) IS IM-2016 ACS RD 'GI N.All d9his issavad. The ACOM name and fto ore regidtared marks OfACORD Page 349 of 1256 aPURCHASE ORDER CITY OF BOYNTON FLORIDA BEACH, PROCUREMENT VIC DEPARTMENT 3301 Quantum Blvd. Suite 101P. P.O. 190669 BOYNTON BEACH, FLORIDA 33425-0310 DATE: 01/17/19 VENDOR 1o688 SHIP TO: TO: WACO FILTERS CORP City of Boynton Beach 11701 N.W. 100TH ROAD, SU WEST WATER ADMIN MEDLEY, FL 33178 5469 W. BOYNTON BCH BLVD. BOYNTON BEACH, FL 33437 ., REQUISITION NO. 72838 ORDERING DEPARTMENT: UTIL / -Do NOT APPRO i DATE NEEDED: 8!C NC: COMMISSION APPROVED: � EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST 1 1500. 00 EA PAOFDP405MIC 40 -7/16 OD NSF 6.9200 10380.00 1 FDA REMARKS. REFLRrwjEMENT CARTR.' DGE FIL'FRS .RE IR.-ED FOR WWTP S:OL ;,SOMCE`` L, TTER;'ATTACHED PROCUREMENT 8E 9CE : P.O. TOTAL: 10 80. 00 :Bat; ACCOUNT NO. PROJECT 401-2811-536.52-75 PURCHASINGPage 350 of 1256 d co ODI' I a H I 1 co H W I I a M i I N N 1 1 r^I a I I H O C3 1 1 O Ed I I W W 1 1 dO O H H I r IQ W 1 0 O 1 I ri ri ' O I I I I I 1 I I f-a 1 I I I I I I 1 I 1 1 I 1 I E-I 1 1 I I I I I I CTd U I (D C• NO I I H U 1 C; I 6) }y' Ico co 1 H HH 04 W i 0 tD P4 1 a a I U 1 1 =f] pp I O r H A"p a p' g• m H a U I 43") H I d N la H I O I H �W] C- H W I 6d H 1 'j[ O W 0 I 0 1 WH r H V4 m I m I W FI ao I H I H H i W W i h W H [moi i O i r H QI W HH 04 I I H U] R Iz ® 1 O I W Hall DZI 00 a W W W > 1 I Q I I W W Ti) H l d H U5 F1 i/1 I 1 d W i iU O a P I I U H co Ix w ca H I W (� I H H 1 Q 1 W PW 1 [zg I H W W " r CIl I a!D 14 H 1 HUM 1 fie m I w w W 1 P4`--, I Nu 1 IMEi ZP4 I 1 Ow I pH i O FA1 p:H Pa T=�7 a Ute] I N(�` fn H H i r`aC7 dW U d sa H I 0 M I W HH CI] I U W I Ln N UHC 1 L W Ln W H d r 'n>+A 1 E4 £ rl'4 H H I O H d 1 r-I X pd ® PEa i 04n I ON a HI E d HI AOd I U W H O i o0a Ofp F4 m 1 wU[fl H W M 14 H Zai a i a m H 1 H r4 zr I a W W P4 E Page 351 of 1256 CITY OF BOYNTON BEACH REQUEST FOR PURCHASE OVER $10�000 Date: 18-Dec-18 Requesting Department- Utilities i Explanation r Replacement Cartridge Filtersit r membrane pre-treatment process. SOLESOURCE Recorn ended Ven or acc, 10688 ount of Purchase $10,380.00 Source for Purchase (check and attach backup materials): Three Written Quotations GSA State Contract PRIDE/RESPECT SNAPS Sole Source Piggy-Back Budgeted Item 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: 401-2811-536-52-75 Department Head Date Purchasing t Asst City 4Date City Form evised 02/01602 Page 352 of 1256 H.T.E. REQUEST FOR REQUISITION DATE: 12/18118 R..R.T.E.REQUISITION Clerk: MR Procurement Asst- Director. ctor. City Manager(non.budget.., cu itt /or$5000+ REASON FOR PURCHASE: Replacement Cartridge Filters required for membrane pre-treatment process. SOLE SOURCE VENDOR1777�DIVISION: INFORMATION. Name:WACO Admin. ( ate: 12/18/18 P (X) Address: 11701 N.W. 100th Road Engineering Date Needed: l 31/18oofir . ( ) Suite 1 Cult. ._el. ASAP/Conf. _ Medley, Fl33175 DistributionDELIVERY: SUBMITTED: hone(contact): at Lindsay ater ual. ) uote Nerbai ( } .Admin. 40 { ower$500 Phone:305-885-1899 Pumping ( Quotes/Written ( TP 41 { ) Fax: 305-885-2434 ower $2000 Vendor Number: 10533 PINTreat. ( ) Bid Does. ( TP 42 W Meter Serve. ( ) Sole Source Lr. ( ) PIIJ 99 INITIATOR: o I ! r r Sewage { Insurance Special Instructions: Requirements: ts: APPROVED tr .r. Project Number- Quan. Unit Price escrl tion Part Number Fuad Basic Elem Opj Amount 1,500 $&92PA05FDP40 02 2811 536 52 75 $10,380.00 10"2-7/15"OD NSF 51 FDA Total $10,350.00 Page 353 of 1256 QUOTATION:WACO [ 1210 86 0 Dec 1 , 2018 WEST WATER PLANT WACO FILTERS 5469 W BOYNTON BCH BLVD 11701 N.W. 10DTH ROAD PUBLIC WATER OPERATIONS SUITE I BOYNTON BEACH FL MEDLEY, FLORIDA 33178 Phone:Attn: LEON LIBERUS (305) 885-1899 Ship - FREIGH Fax: (305) 885-2434 Terms. NET 30 DAYS Prices are guaranteed through Mar 1, 2019 Unit of i 6 i - ®cExtension 1, 500 EA 6.92 10, 380.00 SMIC 4011 2-7/161, QD NSF 61 FDA Total: 20,380-00 Waco is a one-stop shop for air, liquid, gas and HVAC filtersit branches nationwide. Our goal is to provide solutions filtrationyour overall cost of it . Thank you for the opportunity to work y with you. Please feel free to contact me P A . Sincerely, Inside Sales Sales ri visitwww.wacofilterB.com Page 354 of 1256 5605A McAdam Road Mississauga ontaHo MGS FILTER L4Z IN4 Tel '905]501-0808 PRODUCTS Fax#-[905]501-0690 Email- mpfifterproducts0bellnet.ca October 20V 2018 Waco Filters Corporation 2546 General Armistead Avenue Norristown, PA 19403 RE: FLORIDA WATER MARKET This letter is to confirm that Waeo Filters Corporation is MGS Filter Products' Sole distributor to the Florida water market. Should you have any questions,please do not hesitate to contact us. Sincerely, ;W011(A' Gmy J. Howard MGS Filter Products Inc. Page 355 of 1256 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 3301 Quantum Blvd. Suite 101 10 P.O. 190708 YN OBEACH,F RI 33425-0310 DATE: 01/24/19 VENDOR 1682 SHIP TO: TO: KIMLEY HORN & ASSOCIATES INC. City of Boynton Beach 1920 WEKIVA WAY PU13LIC WORKS DEPARTMENT SUITE 200 222 N.E. 9TH AVENUE WEST PALM BEACH, FL 33411 BOYNTON BEACH, FL 33435 REQUISITION NO. 73048 ORDERING DEPARTMENT: ENGI ERING/A A/PM LATE NEEDED: BID O: COMMISSION APPROVED- QUANTITY UOM ITEM O. DESCRIPTION IT COST EKCCOSTED 1 6552 . 00 DL TASK 1 1. 0000 6552.00 TASK ORDER #UT-1D-02 RFQ NUMBER: :0 .:6. . : -. .7./TP,:.:::;:" TASK 1-MEETIXG WITH .CITY; 33R `T QUESTI'C��3S . SECT-10 -IN ORM�:TIC .� 13E LQP L1 .Ft' S. RT Lb1'T r. PROJECT 'MAP. ,& :PROJECT PHI T. 2 6990 .00 DL ., 000 6990. 00 ] EVLOP FIRST DR 'T; MEETW2TH 01'" .. 'OEVIEW :. GQTENT5 & ADD55 .CENTS .06 :00 7992. 00 Dl; TIK: 3 0, 7992 . 00 . GP CALEETION (Uk'".T0: 2') . OPC: :& A 3j1RESS COMMENTS 4 3454.00 DL:. 'i? K•-4 iO 3454. 00 MD+STING ADVEF S'I'ISTdENT & "STAFF: FOR MgJkTING: (TSP. TC ::....;. CONSU 'TING SERVICES :F'OR GRANT 1PPL: CTTON & .. ........... .... ...... .. ....... CON' P: 'CTS E G ss9 NG::-:::PN.S.1.0 T:." '.` .::,�' > QST STREET SIDEWiK :IPRO�1EiEN `S' .?ROEC'I'.. RFQ 0461 ,�/TP TASK ORD -D PR OCU REM ENT SERVICES: P.O. TOTAL: 24988.00 ACCOUNT NO. PROJECT 303-4905-580.63-08 CP0 66 PURCHASINGPage 356 of 1256 0) 0% 1 1 H r-q I cq rl pq I Po 0 0 0 0 ON 0 N w co P Ln M (n Ln co Ln m ai o 0) ID rl M Si 0 I C) C) C) C) I M EI I c) C) C3 C) 0 I e9 0 C) 0 0 0 C! W DIO I r I C) C) CD 0 HU H Q I - a CA C) 0 0 0 0 U s In (A 0) Ln co rq r-q ri 0 0 pq I Ln a% cn q4i M I ID %D fn 0 0 0 0 H i o 0 0 0 0 O 0J 01 00 F-Im i 0 0 0 0 1 0 0 �14 0 cl� 0 0 a 0 0 0 o 0 0 9 0 9 M 62 2 OU CO3 0 2 04 ad N N 0 �H P 0 W : P F-I 0 M H 03 H , , , H rn MWMP4 07 r H E- - 4-) 4J 4J WW V W O%DW%Do p kDa) Q)qDG)wd) z M I CU �(%3 PCN kDS4cq Wp N M W : Z OOAJC.00AJ04J 2 0 0 C) C3 p4NNNp4w H ix p 1 0 0 0 0 NUMuMuwu H III H H I H H P4 Ix 1 N C3 M M 0 I tt1 0% M Ln DQ M Ln cri PZ z %D E� p4H M CR I N W z 11 ME > H N M rh M UI Z US r 0 H Z E-4 chR0 W > I V] FA 0 r 4 0 so Ix z I mmmCOMMMM H HP4 M H p E4 �D C6 0 M p co Z z E4tDM p r4 pq M W 14 D4 MU30 n N x ix M EA m >4 ca W E U3 tDE-42wM E-4 mm 2wm MU) 0 rZ4D� 6 W 1 P417 P4 P4 pd 0 P4 04 UIZ66 0 uWaWaWa A HV E-i rn M U M Ul F4C7 1 �- H� H� N HU Q U ,- 624 "1 N ---1 I OHOHOHOH r9 1 K4r4mw H Ulm 0 U3 N Ulm I U3 N not-aN XM'Dw •sDmC4 NC4 w 9 WW4 I Ow w E-' P cl —CM m Olp Mm M w I -- 4 N pi clq N r- ppq 3 MIA 1 MMMN W M -I HsP,O P40 OP40 No pq I 0 U u 0 u H u u 14 u u . I C> Ncou p M ri M CA u M 0)L) P999H Nwp4H D01H z 04 H H H W Pw ca M 974 —M 04 W rT4 I co co co ca EN4 04 DJ M P4 134 Q V3 %D LO w ;D CD �4'pd h Et EyOR EH8 10 PW4 a 0 0 a Z Hoo VIP .. p M 0 Z I E4 D'4 6X C4 u H 0 I 04>ln HL8>10 M>f A q tm A I LC] Ln LL7 Ln zH H I w DQH E40 N p 0 rj3 P 0 4 HO 0 P : p z M HE 1 Ol 01 01 61 I i 6 la, 811�51 pMZ H Z I 0 H r-40 -A C400 NOZ06 "Ifle .11.9 no OX I UM fq cq M wj fx I H OWEU ju H E 0 1 UO C;, 0 0 U WW WPM MM a to He Mao o 8 En Mm N rUE-10, ul>,j U rj, UIPI—O M MMU rw >4 pq U M Q �r M 00 fq 61 44 B PEN 134 M Z v4 1 H N M tle I Z N M EQ HE H is Page 357 of 1256 "G CITY OF BOYNTON BEACH REQUEST FOR PURCHASE OVER $109000 TM 1/23/2019 EngineeringRequesting Department: PW- r Explanation for Purchase: Consulting i r grant application and conceptuali i for SE 1 st Street sidewalk improvements project. They will provide applicationservices, application review submittal, concetual engineering to support grant application and public involvement. it Dollar Amount of Purchaseg Source r Three Written Quotations GSA State Contract PRIDE/RESPECT SNAPS Sole Source Piggy-Back Budgeted Item Emergency Purchase Other Contra Number: NOTE: Pricing proposal for purchase must be presented in the same detail contained within the contract. Fund Source for Purchase: CIP 303-4905-580-6308, Department Head Date /,/7,?//, Purchasing Asst City City t Form Revised 02JO1102 Page 358 of 1256 Greco-Arencibla, Adrianna Mendoza, Paola . Sent: Wednesday,January 23, 201' 10:07 A Greco-Arencibia,Adrianna : Scope D-Transportation Services-SE Ist Street Brian ,this is the Task order from Taralyn, on the PO request for Ki ley- orn and Associates that Gary emailed you about earlier. Thank you Paola Mendoza Associate Engineer Public Warks/Engineering Mailing Address: P.O. Box 3 10It Boynton Beach, Florida 33425 `f Physical Address:3301 Quantum Blvd., Suite 101 1 Boynton Beach, Florida 33426 ass 561-742-6266 ,x. .0endozaP@bbfl.us Boynton-beach.org/ C ; A. .. � 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. From: Pratt,Taralyn Sent:Wednesday,January 23,2019 9:47 A To: Mendoza, Paola c endoza P@ bbfl.us> Subject:Scope -Transportation Services-SE 1st Street Good Morning Paola, Scope D Transportation next consultant in rotation: iml y-Horn and Associates, Inc.Task Order#UT-ID-02—Traffic Study for SE 1St Street—Grant Application Design Services imiv-Horn and Associates,Inc. Marwan Mufleh 1920 VVekvla Way Suite 200 West Palm Beach,FL 33411 (561)845-0665 Marwan.Mufleh@kfmlev-hom.com Paola, please remember to inform me of the task order amount, requisition and PO for each task. Taralyn i Page 359 of 1256 Kimley*Horn January 17, 2019 Paola Mendoza Associate Engineer City of Boynton Beach Public Works/Engineering 3301 Quantum Blvd, Suite 101 Boynton Beach, FL 33426 Re: Consulting Services Authorization — Proposal for Grant Application and Conceptual Engineering Design Services for SE 1st Street Sidewalk Improvements Project Dear Paola: Kimley-Horn and Associates, Inc. ("Kimley-Nam" or "Consultant") is pleased to submit this letter agreement (the"Agreement")to City of Boynton Beach ("Client")for providing conceptual engineering services and grant writing support for the SE 16t Street Sidewalk Improvements Project. This Service Authorization,when executed,shall be incorporated in and shall become an integral part of the"General Consulting Services Agreement"Contract, dated,August 20, 2018. Scope of Services Kimley-Hom will assist the City of Boynton Beach with the development of the 2019 Transportation Alternatives Program grant application, administered by Palm Beach TPA.Assistance will involve the completion of the following application sections and the development of the following supplemental materials, Task I—Application Sections Kimley-Horn will meet with City staff to discuss the Transportation Alternatives(TA)program application outline and discuss available information to be included in the application. Kimley-Horn will come to the meeting with a list of questions and needed information for the application to obtain guidance from the City on how to proceed. The City will provide assistance in the collection of the following required materials for the application. Right-of-way ownership documentation - List of upcoming projects to adjacent to the project - Public involvement and support documentation associated with the proposed project Project Resolution of Support and commitment letter to fund operations and maintenance of project. Approval Letter from property owner(City)confirming project can be constructed in ROW. Kimley-Hom will assist the City in developing the draft language for the support letters for the City to obtain signatures from City identified stakeholders. Kimley-Horn will develop the following application supplemental materials required to be submitted with the application. Project map Photos of the project location Page 360 of 1256 Kimley*Horn Page 2 The project typical section and project cost will be developed as part of task 3 within this scope. Task 2—Draft Application Review and Submittal KimleymHorn will submit a completed draft application to the City for review prior to submitting to the TPA.Kimley-Hom will address one(1)round of consolidated comments from the City. Kimley-Hom will submit a final draft of the application for City approval prior to submitting. Upon approval Kimley-Horn will submit the completed application to the TPA by the application due date. Task 3—Conceptual Engineering to Support Grant Application Kimley-Horn will prepare a concept typical sections using available aerial photography and GIS right- of-way data from the City. Kimley-Hom will prepare up to two typical section alternatives of the roadway that demonstrates the new sidewalk on one or both sides of the street.The project limits are along SE 18t Street from W Woolbright Road to E Boynton Boulevard. Kimley-Horn will prepare an order of magnitude opinion of project cost(OPC)estimate based on the concept typical section.Both the typical section and OPC are required documentation for Task 2. Kimley-Hom will address one (1) round of consolidated comments from the City for the preferred alternative. Task 4—Public Involvement Kimley-Hom shall perform public outreach and information activities in accordance with the scope below. Public involvement includes one meeting. The City will obtain the property owner mailings list. Klmley-Horn will prepare or provide the following in preparation of the Meeting: Typical Sections exhibits for presentation (from Task 3). This Will be provided to the City for one review and comment prior to the meeting. Prepare meeting advertisement template in English(The City will mass produce and distribute advertisements.) City to prepare letters for notification of elected officials and appointed officials,property owners and other interested parties. (The City will pay the cost of first class postage.) City to procure and reserve meeting event location. Kimler-Hom will prepare or provide the following for the one(1)meeting and after the meeting; • Up to two staff to attend the meeting • Meeting equipment set-up and tear-down Additional Services Any services not specifically provided for in the above scope will be billed as additional services and performed at our then current hourly rates. Additional services we can provide include, but are not limited to,the following: • Additional meetings or presentations • Preliminary analysis of existing drainage • Preliminary pedestrian lighting design • Preliminary landscape design • Utility location and coordination • Topographic survey services • Geotechnical services • Title Company research and reports NO-, Page 361 of 1256 Kimley)))Horn Page 3 . Construction documents lnfbrrnation Provided by Client We shall be entitled to rely on the completeness and accuracy of all info tion provided by the Client or the Client's consultants or representatives. Schedule We will provide our services as expeditiously as practicable with the goal of submitting the Final Grant Application to TSA no later than March ',2019. Fee and Expenses Kimley-Hom will perform the services in Tasks 1 —4 for the total lump sum laborfee below. Individual task amounts are informational only. In addition to the lump sum labor fee, direct reimbursable expenses such as express delivery services,fees, air travel, and other direct expenses will be billed at 1.15 times cost.All permitting,application, and similar project fees will be paid directly by the Client. Task I Title of Task $6,552 Task 2 Title of Task $6,990 Task 3 Title of Task $7,992 Task 4 Title of Task $3,454 Total Lump Sum Labor Fee $24,988 Lump sum fees will be invoiced monthly based upon the overall percentage of services performed. Reimbursable expenses will be invoiced based upon expenses incurred. Payment will be due within 25 days of your receipt of the invoice and should include the invoice number and Kimley-Horn project number. Closure We understand that this work will be issued as a task order under our executed on-call agreement. If you concur in all the foregoing and wish to direct us to proceed with the services, please forward a purchase order. This proposal is valid for sixty(60)days after the date of this letter. We appreciate the opportunity to provide these services to you. Please contact me at(561)840-0850 or marwan.mufleh@kimley-hom.com if you have any questions. T Page 362 of 1256 Kimley)))Horn Page Very truly yours, KIMLEY-HORN AND ASSOCIATES, INC. a�iY.+usr�ea�a�,:w 50 � t Marwan Mufleh, .( 532 ) Eric Regueiro, P.E. ( C86211) Principal Project Manager Page 363 of 1256 �V a - N N 40 N V N N 00 O N N N N Q N ti e00 O O w O O Q O m N � rn 1/4 N O C p sn sg „ v ll o Ia n o vm � H C n a. ( p '� o Q i H m w! oo S .y Q N N V � V '�i N W J +^• 47 b n w o o n o o 0 0 C4 Ln d � Ya g d !V iY rl N N N i� C O N p -',.00 N i0 LD QN y m � O N �p ri N L �^ d� I � f Cm ry mm = LL Y I L �}Q C � W LU dc lij yCLI Page 364 of 1256 GENERAL CONSULTING SEIMCES AGREEMENT THIS AGREEMENV ie ante* i fl Beach, hereinafter retffed to as wthe and L - E rafmd to as ihe ® . I n I INC.,,form, and ouncifflons in t to SectionWAN, s' CornpoNve NVolisilon A4 the CffrS t VWosalz for prokeslonal oonsulting ; and VMERM THE CRY I=W a Request for Qualfficallonr. the Cky of Boynlorp Beach,RFQ No.04&=1-17KR and CONSULTANT oonvAdng Arms to provide Ganwel Consulting swuloss to the CITY;an NOW,THEREFORE, In considers9on of the mutugd covenants ewrassed r ft parties agree B . M= 1.1 CONSULTAW agmiew to perform ordem at the Mu*Bt of the CITY during the ten of Mle Agreernant,Inewing of all labor,rnalarWs.equIpment and supplies. The specilled pvJactawhichassigned to CONSULTANT Is in conjunOtfon . Scope Cnti*ory A Woor Plant Evskedon Scope Category Infrasinxture InWrovenients and Evaluations C Anallery McKee and Ssrftw Tranisimation SwAm Scq*Category E AwhIectural a 1.2 SERVICE AND RESPONSIBILIMES 1.21 GENERAL The 0ONSULTANT agrees to porkxm York aragned by Task 0fdar(s)under mxh terrns as W forth in the Task Order(s).The Imms of lbe T ( )shall be supplements! the terms at this 1.2.2 The CONSULTANT Is responsibleIn Its and In the work of fte u . m The wm'Asmmae bas Ac some nwudogas the km 4coutmcr YT®• -Genew coxwultingscm= 1 V5 MEAN FINAL Page 365 of 1256 1.2.3 PRELIMINARY SERVICES PHASE,-The CONSULTANT shall prepare prelkrinary emd1m and reports. feerdbft studies, ffhandal and fiscal sitidles, and evaluation of eAding facilities. preparation of solmnalle brute and slastches whom required; develop conshotion k4ple, opinions of Probable r nd shag con"and cmkw with ft CITY.99 may be rocwmq for the CITY to reach dectalens conceming the subod matter. The CONSULTANT shall attend mealings won the CITY Corna4sefor,and CITY oWff as may be resulted, and provide the CITY with a time schedula which shall Include but not be lWftd tor mikenbal of all milestones related to the project up to delharry of 100%constniction documents. 1.2,4 Dudr@ the preliminary seivioes phose,the CONSLILTANT shall advise the CITY, based on CONSULTANT'S probasional opinion and Me cumant pr*d conditions and reasonably foresessible conditions of ft completeness;of existing data and Its subbility for the Intanded purposes of the W*ct CONSULTANT to obtain dab harn other sources.Identify "anWM aWhernants of govennniontal onshorides,havkV Misdiallon to apleave ft deQ n of the p4sat provide analyses;of the MYS needs for surveys, paderm sits, evedualone and comparative sindles of prospective oft and salutiona,and prepare and famish a report to On City as"too On CONSULTANT'S MdkVa and recornmeodations, 1,2A.1 Proyiding any Mm of pmpwiy surve" or related antlinearing serviosa headed fer die tmsWW of Interests in red property,and gold survep for design purposes and Witinsedro surveys and fAaWng to enable Contractor to proceed with their %zrK and ismiding other special No survays. 1242 Preliminary de&Wn seMces to be pedonrned by the CONSULTANT shag include consultation and advice concerning the extent and scops of piqx*W wark and properadon of preliminary design dooumerds consisting of death afteds. preliminary drsavings, and oudine spedficadons as YAK as preliminary eallmates of probable Construction Costs. This phase YAN Won LqckWo preparation of a Preliminary afte plan or schornsfic drewings when appropriate. Up to six(6)copies of the preliminary design documents end be furnished to the CITY. the exact number needed shag be delemined by the CITY. 1.2.4.3 CONSULTANT shag provide anWonnumbd awamunent and impact aftsernents as required to detern1ee the suflablifty of the ate and its surrounds for the proposed proleo mWor 1.2AA Upon outhaftadon of the CITY,the CONSULTANT will pro" advice and assistance mfffrft to operation and maintenance of projact or other systems; evaluate and report on operations; saW the CITY In matters rdeffing to T%ulstory agency operations rexrIew or opereffna Permit: non-complIsece, assist %sah startup and operator training for newly Installed or modftd equipsmat and prowases, and In the preparation of operaft, Boyogm Bach 110tros-Gentral ConsuWag Smvicos C-2 'v,s cLEAN nNAL Page 366 of 1256 maintenance and staffing manuals for the project 1,2,6 BASIC SERVICES:The CONSULTANT shall consuft and advise the CITY in the following manner spaWng the extent and amps of She work to be performed, prepare detailed constriction drawings and specifications; revin and updft where necessary, pmvously designed construction plans wid spwAllooWns,whether in whole or In part to be Incorporated Into the proposed want and propane construction documents and final eWmgft of probable Construction Cost The final design services shag be provided In an electronic form4 and shall also Include furnishing up to six (6) copies of plans and specifications to the CITY,, the exact number needed shag be determined by the CITY. 1.2.6 Final design services shall also Inclinde pmparsdon of pedon rm"applies s as may be rrac!by such agencies as have legal review authority aver ft pmjea These applications shall Include but nat be limited to ab plan approvsk or other permits and work efforts and shag oleo consist of meatinits at gaff level and n-mottrip with the appropriate.govarning body and the CITY, Unless specifically prorwided fbr under the final design phwA permit applicalion servicas do not Include applications requiring environmental Impact statements. or environmental asseascrients, consumptive use peffnb and bralfill permits, 12.6.1 The CONSULTANT baso upon the approved design documents and any adjustments authorized by the CITY In each pm)P4 pmjW schedule or construction budget shag prepare for approvaI bytheCITY,design developmentclocuments consisting of dtaMngs and other documents to fix and describe the sbw and character of each projects *1 anginaering, environmental, landscape, architectural, structural, mechanical, and electrical systems W srV m1her requirements or systems,materials and such other ekaBaft as may be appropriate for a complete project The CONSULTANT shall also advise the CITY of any adjustments to the preUrninary estimate of probable Construction costs. 1.2.8.2 The CONSULTANT based on CITY approved death development documents mod arry Rmther adjustments In the scope at quality of the pmjed or in the consimcdon budget shall prepare Construction Docurr*nts;vANn ft number of calendar days specified within any nod e Issued by the Y. The Construction Dowmeaft shall d specificallons; setting forth In clAall the requirarnerft for the construction of the pr4ed, 12.6.3 The CONSULTANT shall assM the C17Y in the preparation of the necessary proposal Information and forms. 1.2k,4 The CONSULTANT"ll advise the CITY of any adjustments to previous estimates of probable Construcdon Costs indicated by changes In codes,administrative and judedictional requiranents of general market conditions. 1.2.&S The CONSULTANT shall submit to the CITY for each project. "won Bach Uffifies-General CmuftlAg SMI.ees C4 W CLEAN F24AL Page 367 of 1256 elftftnic Isirmnat WW up to sk (a) Capin of ft Conebseden Docurnents. and a ft9W revised estirnalle of toW prob" Conouctlorb Cost 1.2-13.6 CONSULTANT shall Indude In the Comftagen Dmffwo a rOquhmnt that the CMdmcdm contractor dial prmide,a Mal 891-bulkSur"Y Of Me Project In Adwad&WAmIC fbmd by a mulatered Land Surveyor,aW provide marked up congau0jon "MrVB to the CONSULTANT so that the CONSULTANT can Wpm and delhw to No CRY Ow record druwfts h ft form requinel by the CITY and as required 1.2.8.7 Rtr to*wI aWmw of me Camoucom Dmmgnls by the CITY,the CONSULTANT Owl]ophiduct a theroulih=jew and Wft 001001 ew$kmtlOn Of Me entire work produd for compliance Wth requirements of any l BOORGY*Gm WhIch 9 Permit Of other approval Is reqL*W,The CONSULTANT shag mmalm sure Met all necessary apprmig have taken plem 1.2.6.8 Pdor to each phased submittal,the CONSuLTANTghap conduej a thoragh quality wnkW F&Aaw aud msosswmnt or the wook product to d4mins,wfteffw the mork is prep"wordnated and cOnOM that the CITY and eMey comments hsVe bow addressed and incoMwaled Into the Contract DocurfientL The CONSULTAWr shell provide to the MY a Quailly Assurance w)d QuoWy Control plan In a(Great that adviess Me CITY that at uwk has bow Parbmwd as required. A report shall be submMod In 4000RIOrme With those standma to apprise me CITY that due care has boon tsiton ki the preparation of the Contract Docurnents. 1.2.0.9 The CONSULTANT shag ffVnhV respormilbillity for Me Contract Docurnents Inclusmg ted"Dal WMC§Wbom and drawings prepared PLUBUOntto M Agmsernent byallbting a slonatur%daft and Goal 08 MqUlMd by Florida Stalutes Chapters.471 and 481. If aWomblo. The CONSULTANT dug amply wo gjj of b governing Imm. ruln, moulafforK Codes,directives and allm applicable laderall.state and local requirements in preperatIbn of the work. 1.2.7 The CONSULTANT shag provide the construction docunmyla,toctuscal specificallorm; and drawings cornplated In accordance wkh generally accepted professional practices and principles end in a rnanner Consistent with,the level of cam and dd ordinadly emdoed by members of the PY0106*0 Currently practieft under simbr condidws. 1.2.8 The CONSULTANT fallovAng 9W CJTY'S appml of the ConstruCtion DDmm9m Bed it* latest eaffmate of probable ConwAx6on cam shag whenso directed end authorized by Me MY,aselat Me CITY In obWft PrOPOSSIS Of V102011010d PVpmb.and assist in prapaft contreaft far Construction. 12.&1 The CONSULTANT shall review and analyze ffm propmals BOY"iM BC&A U111ideS-Gen"W COUBUW13l SeMCOS V.S CLFAN RNAL CA Page 388 0 1258 and shall make a recomrnerrdeflon for any award based an the I Manual. 1-2-&2 Any Opinion of the constructim Cal prepared by CONSULTANT and Is supplied r the general guidance of the CITY. Since CONSULTANTr market conditions, CONSULTANT opinions.as compared to contractor bib or aahM cm to the CITY.If to projectin Uwe(t Finalmonft aft delivery of Design Pjans,through no fault of the CONSULTANT e or industry- wide unusual or unenticipated events effieding the general IBM of prime or firnes of dellvery the owdawflon Industry, I n Y us s Cost limn and as approved by the CITY,if necessary. Additionally,N the CITY wqxrft a Project scope of mat aftr the CONSULTANT random the Final estimated probable Construction Cost of the Final , L I lh i torWhich shag be Mutually agreed to by the parties henift 1-2-&3 The CONSULTANTA provMe ft CrTY with a list of 1.2. .4 The CONSULTANT Md athwd all pre-propossliper-bld conferenoss. 1.2.8.5 The CONSULTANTshag ,#mph the CI ' change proposal 1.2, . required Request r Proposals or 1 ,, CONSULTANT shell assist Me CITY,I requested in developing qU1111110WOnS criteria. WOW qualifications and recommend acospbwnoe or re*aon of the bidders. IZ&7 if requested, CONSULTANT bidders,and make recommendations regarding any award ClW 1.2,9 The MY shall make dedslon on all claims regardingInterpretation of the Construaflon Documents,and on all other progresswid i ] a recommendation ftm the CONSULTANT. The CONSULTANT shall check schedules, shop drawings and other submissions for the limited purpose of chaddng project,confonnanoe with the concept of the and for compliance Irrkmation ghten. by the Conxtrucifon Documents. The CONSULTANT shall also m6ew change ordersand submitted r and review and make recommendations to the City far progress paymentsto the Contractor based w each WOW schadula of values and the percentage of wak completed. o CONSULTANT will neither haw control oveT or charge of,nor be responsible for,the corattwtion means. methods, n , sequenm, B0YnMBMh E tHi' s-Goneml conswfing servxa V.5 CLEANFINAL Page 369 of 1256 PoloGdOnS W14 programs In conneciian with the conmudion assigned task order pngecft, 1.2® 1 The CITY shal.malmaink record of all change orders which shah causes,be oftorized to the various W", ft ONd may be determined usefuls 1.2. .2 N the CONSULTANT Is not the Construction Mansifie,for the construction. the CITY stroll noft the CONSULTANT thres(3)dap of the discovery of EV error or I omission so that the CONSULTANT can be pot of ft negotiations readving the dalm belvean the CITY and Me Contra=. 1.2A0 The CONSULTANTif J Wh&dL&s Of values. together With any WWGS of such Wdow and examination will be to pretect the aTy Ran an I alarnents of each p*dftn Is Indleated by Industry documentation, or c1da. If Vie is of vairm Is not found to be OPP-oprinK it shall be retumed to the Contredw for revisionf After makkV such MmInation, Vaiuss is ftmd to be p1`00918. the CONSULTANT shag sign schedule of values Indicated conallfule a reasonable,balanced basis for papnem of the Apoication for payment to the Contractor, i1.11 The CONSULTANTshag obearserion of each pmjW based on the Construction Documents in accordance PBrRgmPh 1. f observation shall deleratne the progress of it*work manner indicating the work when fully competedl will be In accordance with the Construction Documents.On the basis f eke viatia,the CONSULTANTl provkJa the CITY with a vWden report of each aft vWt in or&r to reasorably inform the CITY of the progress of Me poftn of the Work complated. The endeavorCONSULTANT shall to kientFy for the CITy any defects and dandencles In the work of contractors,s to Me CITY Where the work talls to conform to Me n The CONSULTANT shag not have contral ever or chatgo of, or responsibilityfor the consouctlon means.methods,taftiques, at procedures,or for programs In connection with ft Work nor shaff the CONSULTANT be responsiblen e fair the In accordance w1h Me requirements CONSULTANTContract Documents. The shall not have control over or charge of, and Contractor of any other persons or the V&k Based on such observation and ft Gontractor's Appkallon for POYMOK the CONSULTANT shal determho the amountdue to the Contractors Payment representationCertificates will coneftle a l c HGYFAW Duch utowes-Gaml las SUVICO V.5 CLEM FINAL C-6 Page 370 of 1256 observations and the date cornpriving the Apiallmoon lor Payment that the Work has pfflaressed to"PON IndicalocL By issuing a Cafteale,of Payment,the CONSULTANTwIll also repietent to ft CrrYMtDthe Wet of b Inforrnallon and beW,based an what ft observation have mmkKt the Work is in accordance vft the Conshwoon Occurrmnla. The CONSULTANT shall conduct observefions to determine ft dales of substantial and final complefion and hem a recommendation for final paymal. 1.2,12 The CONSULTANT shag revise the Construction drawings and suibri* record or correcled dnafts to The CITY to show those changes node during the construction proem based an Me marlod up prints,drawirWo and other dab furnished by 0he Contractor. TIm record drsivings shall be provided In electronic formal Inclusive of cwftmed PDF files and AtdoCad files In a form Compatible with theCITV"S version of AUIoCsd format for archival purpose& 1.2.13 The CONSULTANT"I attend regularly actioduled progress moOngs an die bl-morahly or as ® delemined based on a speeft need established prior to comrlmcoon by ft CITy. 1.2.14 TheCONSULTANT shall review change orders prepared and subrailled by the Cordraclor for the CrTYS approval. CONSULTANT shall not"orlas any changes In the work or ttrc96 no mew how minor without prior written approval by ths CITY. 12,15 Each projeces construction or dernofflon shall be considered complete upon completion of a punchhat by CONSULTANT.which shall be timely completed by Contractor to the wMaction of the CITY,wdftn rwtMmuon to Centnlftr bY CONSULTANT th4t all relesses of 16M are safielled and written recommendation by CONSULTANT for final payment to the Contractor which shag be at the,sale disaffibon of the CITY. 1.2.16 RESIDENT PROJECT SERVICES, During the Comtructfon progress of any work the CONSULTANT will ff autho*ed by the C", provide resident project Observation services to be perlonned by one or more authorkeed employees rResident Projed RepreseftOW) of the CONSULTANT. Resident Project Representatives shall provIde extensive observation services at the project eke during corsdruction. The Resident Prefect RepreseMative YAN e to Iden*for the CITY any deftuft and deficiencies Int work of ft Contractor(s). Resident project observation services shag Include hA Is not limited to the following: 6 Conducting all pre-construction conferences, * Conducting all necessary conshudon prqpvw meetings; * Observation of the work In Megrim to tho adent authefted by the CrN; * Receipt,ravlaw oaartitnation and disbursement of shop drawlngs and other submiftels; * Maintenance and preparation of progress reports; * Field obseryWan and verificaft of quanddes of equipment and materials insta#od; RvyMn Bewh Utilitim-Gwaal Consaft Smim YS CIEAN FINAL C4 Page 371 of 1256 R Maintenance of each pmOct slid on a Ourrard basis of [1 drawings, CITY;docurnards, and at the completion of each woJea deliver an such records to the pralect u ; ImmediatelyNolification to to CITY f other each project Bottedulo r each project budget will not be met 41 Scladuling and conducting mor"progress meaWlis at WhIch Crry, Enginem I contrador. supphers n Jointly Mcuse such matters as procedures, prqleW action,problems and scheduling. and enforcing action swedad byft CITY,' so directed by theCITY, piens,are not mosting the niquiremenig of am speclikdIons, and Construction Contrut Developrnent and Implementation of a systan for the Preparation, am and submission of f . an+ tten Ithe an6 its of tt 'il�n sof6 final cmpMm of Ymrk and pmewtion of a He of incomplete and unsatisfactory , and completion;saWde of their Sawft Ord transmitting to the and tl¢a ®required , r relessea®key rh n g record dirawisam;andi The ResWent Prulect RepresordOw OhOff y unusualcomplaints and accuffenoes affect the reapondAW of CONSULTANTthe r n y Project Alepwantadve shall be a pawn acceptable to the CITY, CITY shag have the right to amploy personnel to observe the,work in progress.provided havmverthatsudh persorrnol asemployed bytheCITY, and such Personnel 11 be responsible directly to the crTy in the parfamenca of work Mat would oMervAse be anumW and perforamd by central over or charge of. or responsibilky for techniques, un ,or for saft precattions, and programs in conneftn arth responsibleRepresentalive be for the Contradoes Ware to parlarm the accordanceWok In ul ProjectRestdard , and and not be responsible for,wta or ornissions of the Contradw or d any ather persons or Ontilids PffiformingWork. CONSULTANTAlthough shall nr heath or ad* IxWrorns or precautions rekded to.CITrs 011w cardractors and n U I ' [ung .5 CLEAN FINAL ca Page 372 of 1256 ------------------ Vendors C CONSULTANT shall nonetheless reptut to the Resident Profed RePROMBF1120MO heath grid saft oundbons or delidendso observed by CONSULTANT'S amployses or rapposentative& CONSULTANT shall not be reapmunhie for CiTy's pr";Mng site Conditions or the aggravation of thoss,prevaisting am conditions to the SABM not carared by the negligence or uAfful misconduct of CONSULTANT, CONSULTANT shall nut be responsible for inspecti% obwMnM or correcting heath or safely conditions or dallclandes of CRY, Contractors or others at pro)act site (-"act Slal other than for CONSULTANT's employees,sultents and vendors, 1.3 ADDITIONAL SERVICES 1.3.1 Must additional services am necessari they shall be specified In the wMen Task Order. Examples of additional(not exclusive)services are, * Preparation of applications end supporting documents.Ibr private or governmentaI grams, loans or advances in connection vM any Peftular prqecL * Services to make measured draWngs of of to Investigate socisfing owWWorm or facOm, or to vwFy the accuracy of draWr4s or other irdbarnallon furnished by or to the CITY. 0 SOMOSS resulting from significant changes In ffm general scope,intent or character of any particular project or b design Inducing but not limited to,changes in ske,complexity,the Sas chedule,character of construction or method of financing, and revising previously accepted&to",reports,dwtn documents or Construction Contract Documents when such revisions are rectuicad by changes to Ions, miss,raguftifions,ardinanges,codes or orders enacted subsequent to the preparation of such studies,reports or documents,or am due to any other causes beyond the CONSULTA con 4 Providing nanderogg or models for the CITY'S uss. 4- Preparing documents foralternate Proposals requested by the CITY for work that is not emaded fbr documents for out-aPMusnce work. 0, Investigations and studies Involving but not limited to, detailed considerations of operations, maintenance and overhead expenses, providing value engineering during the course of design; the Weparsdon of feasibility atudlw,oath flow and economic avalluations, rate schedules and approlsals;assistance in obtaining finencint;for a prq*t evaluating processes available for licensing and assisting the CITY in obtaining proms II detailed quantV surveys of material, equipment and Mot, and acid' ori required In connection Wth constmallon performed bythe CITY. 4� Assistance in connection wM PiopossiMpropo5ol protests,re-bidding or re-mMalating contracts for construction. materials, equipment or services,unions the need for such assistance Is reasonably determined by the CITY tD be caused by Me CONSULTANT(ep-dolectlive plans ancVar GPB~ons %which Inhibit contractora from submitting proposals) In which event there shall be no additional cost for the provision of such soxvices, B"Woft Beah utailics-Gefteal consallifis&mica V.5 CLPAN FWAL C4 Page 373 of 1256 Preparing to serve or serving as a CONSULTANTor werim for the CITY In My liggation, arbitration or other legal or adminiftrowe AcIdAmnal pr*ct not affienmw provided In this 10 80ft*=to connection with a WoJect not damwbg provided for In tMe Agreemect- 10 SwWces in connection with order the CIM rendefts as the CITY. t3.2 Vftn requilrad by the Coultrugon Contract documents in cimumatiqcee beyond the ILTANT` n on, it vWV furnish t ° encounteredOpL conditions duft ® 0 Samices after the award of each contract in Ido"InIng the noceMbIlky of an unreasonable or emmRas number of dalms suftifted by Connector.&X*W to Me exWt such clskM are caused by the arrom or caussiona Of the CONSULTANT. Addidonal Of extModed services dunna almshiction m ade necessary by 1) wark dernaged by ft or Other cause cludea conanuo0on, 2) ftWmnt amount of delecda or of any cooloxtur,3) accuftration of The Progress schedule Its normal Working ®or 4)deftuk by r,If a fire occure as a direct=UK of INFUM Or Offniselons In thed CONSULTANT or NtM CONSULTANT falle to nodytha Confingeteror the dMiclent unl` d ir' 6 u3 LTA dudes as trCONGULTANTS addtkNol services and be deemed pan of Basic Services and compermwed as Such. °In connection With any pardall utilization of any bY the CITY r to Substantial propriety0 Services to evatuate the f substinfilong or design proposed by the Contractor and Involving hods or consirtctbn, materbile, or major prolect OWWorwft either duft bidding "or Negotiation 8WOODS Or Construction Cooked award. The coet of auch sendcas i#be home by the Contracox,and ft reqWernent shall be Included in the aonstruction contracL Services in makingn and n by the acceptance of subsiltutlons proposed by the CorftcW,unkms Such subefflutions are dui Which case such sepAcas t be deemed BwJo Services. n caused by a design ww by the CONSULTANT,the coat semloes shag be home by Me Conraotor.and thisrequiremord Included In the construction OfflIbn Beach °° b Gentral Comuldog YJWo Page 374 of 1256 ----------------to CnY$RESPONSIBILITIES 1.4.1 The C"shall do thefolowing In a firindy manneran an not to delay the Blffview of the CONSULTANT- 1A.1-1 Designate in writing a person or persons to ad as ft CATy-S reprosentalive YM respect to the seft*as to be rendered under this AgreemenlL Such person(s)shall have complets authority to transmit Instructions and recohre Information whh respect to the CONSULTANT'S services fbr a particular project.The CFTY may have multiple CFTY Papreseots#*s)or project managers during the performarce of this AGREEMENT based on the spedific task orderaWden task orders from each of the,Scope Categiories 1.4.1.2 Provide all cftda and full Information as to the C4TYS requirernents for ft Project Including design objecam and comftints, space. capacity and perlbrrnance requirements, flexiblfty and expendability,and any budgetary Ilmitatirtne. 9.4.1.3 Assist the CONSULTANT by providing at the CONSULTANT'S request BE available 10ormadon pwfinent to tha ftlect including provious reports and any other date relative to design or construction ot the pMect. 1AAA Furnish to the CONSULTANT,if required for the peiforevann,of CONSULTANT'S services(except where offienwriss,fu le by the CONSULTANT as Additional Servicea),the faftiving: 1.4.1.5 Data prepared by, or sovices of o0wre, Including without limitations boFings, probings and subsurface explaraffons, hydreg rophic surmys, Ialafy tests and Inspection of samples,owledds and equlprnent; 1A.1.6 Appropriate professional interpretations of all of the foregoing; 1.4.1.7 Environmental e and impact statements; 1AJ.8 Property, boundary, easomerd, right-of-way, topographic and Willy surveys, 1.4.1 A Property descriptions, 1.4.1.10 Zoning,deed and other land use restrictions; 1.4.1.11 Approval and permits required In the CITYS jurisdiction and thaw from outside agencies union such approvele and peruft are the responsibility of the CONSULTANT,and 1.4.1.12 Arrange forawass to make all provisions for the CONSULTANT to enter upon the CITY'S property as required for the CONSULTANT to perform services under this AgreemonL 1. .1®1 Consistent with 11he profteabnal standard of ewe and unless oftrwiso specilleally provided herein, CONSULTANT sholl be entitled to rely upon the accuracy of data and informagon provided by the CITY or others without Indepanderd review or evaluation. BOYMOR Bewh MiticS-Goneml Camulting Swka -11 .S CLEANMIAL C V Page 375 of 1256 1.5 SEC$JENCE OF EVENTS 1.5.1 Following reoelpf of any task ordwAyrition task order,Me CONSULTANT shall submit ta the CITY, at keg fte (a) days onor jio ,mgLst commAncefow of senik", a samskag of ssrvon ade expenses to, approval bY theCITY wft any semm commence. Thecrrymservas the dgilt to make chaMft to ft sequence as n9MINIRW to 1holikate the services of to minfmize.any senfla wfth GPWB*ns- 142 Task orders vA be Issued to#0 CONSULTANT in ft"der in a"ch the CITY wishes.and shal be Wom-ed and completed In Me order May are Issued, union amarmse, specificany pwmlWd by the CiTy. Wmal aerrishruaft to the thwable fbr com~ approved by Me CITy in advance, In Writing, shall net cOnsguile noMmmformance by CONSULTANT Pumant to ft Agmetnent. 1® e PMPOW&190011101d by CONSULTANT as a resuft af task orderMitijign task order tint exceeds ® in com vAj rgqLqre approva fmm CITY Commission before eyABmdjcr)me services In accordance with the Crrn Promsianerg Adminkhafflue Popoy, 1.5A VWW the CITY WA= task orders to the CONSULTANT, esch auftnZWOn sha conhAn a stated compietion Schedule, if caused by ft negI igent Nmrs Or emissions Of CONSULTANT.folure of the CONSULTANT to am[the added sateduI&Snail cone&ft a do(Wit for which PaYffmt fOr WIVID"May bG vftheld unti defw*is cured. TIma extensions will be raybwed upon request for extenuating oirouninumess, 1.5.5 it is a0cipated and Intended thM to CONSULTANT WII be awrudead to begin now task orders cm a Imor4r basts,ae mom aloeerty sulgesd teas orders near dm*compwian. If a subsequent To Order Is Issued to Me CONSULTANT before It has wm~ " mrml task order, the compleft date for each Took Order vd remain indlepenrlsird oresch Ww so that the CONSULTANT will prieddre the unwmpbW Tmk Orderftn the find Task Order and firdsh as mom as pmcftl. Fgjuep to compisls, the'01der'task orders in a hmaly nmnrw, may adwsreefy impact upon continued early audwhoWn to Mart a s~uant work. 1.6.6 ften the CONSULTANT has qxCaaded the stgdad C=Pletton date inaludkV Bey exlenshm fOf extenuating &MMda"M vAWh may have been granted, 8 written AOUGG Of DGfW*will be Issued within seven(7) days of Me date that the defindl bessins,ad"wfth a resiukamut of seven (7) days to a" said deftulta to the CONSULTANT and pawnent for services renclared shag be wflhheld unul such tin7b that the CITY has determined Mat detauk has been cvqod 1-5.7 Should the CONSULTANT exceed the assigned comploWn time.the CITY reserves the right not to Issue to the,CONSULTANT any fwthartesk orders unfli such fma as ft is no longer Indefault, and ft CONSULTANT bw dernorefrated to ft CF1YS safisfaden,the reasons for lamfy compWon BOYMm B=h W&W-amere CawuKw savias V.SCLEANFINAL C42 Page 376 of 1256 have been addressed and are not likely to be repeated in subuquent fek ordorsThis restricted issuance pvvision may result LTANT nut being Issued all of the planned work the CITY anticipated in this Agreement The CONSULTANT shall have no right to the balance of any work,arto any compermon nscojew with thwe non-Issuad task orders due to the CONSULTANT being rendered In deftulf, 1.51 Should Me CONSULTANT remain In default for a period of fifteen (15) comasculke aelarid er days beyond the fims frame provided in paragraph 1.5.E the CITY may at ft sole option retain another CONSULTANT to PaYkrm any work arift out of 06 Agreement and/or terminate thls Agreement. 1.9 DEFINITION OF DEFAULT 1.8.1. An event of def"shall mean a material breach of thn Agreement Without it the generafty of the foregoing and In wMidon to these Inalzinces referred to as a materfal breach,an event of default shall Include the followin.9; * CONSULTANT has not performed services on a Um*basis due to CONSULTANT'S negligent errom or anduslans, * CONSULTANT has refused or faffed to supply entumb property skilled personnel; * CONSULTANT has failed to make prompt payments to SUS- OONSULTANTS or suppliers lbr any awfass after receiving payment from the CITY for such services or suppliss,' * CONSULTANT has thilled to obtain the approval of ft CITY where required by this Agreenunt; * CONSULTANT has refused or failed to provicle the servion as defined In this Agreement * CONSULTANT has filed bankruptcy at any cilher such Inschrency proceeding and the same is not dischoMed within ninety(90)days of such data. + CITY Me failed to make payments to CONSULTANT in accordance wlffi the requirements of this Agreement 1 X.2 In 0*event of Default,Me CONSULTANT shall be liable for all damages resulting from the Debult induding, ,e The difference between the amount that has been paid to the CONSULTANT and the amount required to complete the CONSULTANT'S work, provided the times by the firm realaoing the OONSULT`ANT are reasonable and the hourly rates do not exceed the CONSULTANT'S rates- ThM amount dhall aim indlude procuremmt and administrative costs Inco med by the CITY. In ths:event of default by the Cily. CONSULTANT may susperul the MA perafing recelpt of such payment boymon Bewh utilides-G'M"Comiting savim W CLEAN FFNAL C43 Page 377 of 1256 .......................... 1.111 The CITY may take 2M"tagL. Of @Rch and evoy remo*opeac* wddkV at low or in equity. Each MW every WMedy Shag be in addiffon to every other wmWy ohm or otoambe"Img,and"my be ax9rdaed fmm fte to Om and Me often and in such ordW an may as deemed e)VWgant OY Me CITY. The exerdae or the beginning of the exordee of we Moody Shd not be deemed to be a vMhw of ifig dgM to amwdse any ogm rsmWY. nw CITY'S rights and rernafts.n ae fbAh in this Aosernoni: are M wMiusive, and are in wkiffion 10 BRY Offier Vft and nisnWho; BVMOblB 10 the C17Y h low or in equity. ARTICLE 2-IM ZI The Ir"Cmn0t period shelf be for an jnlW t"(2)yem,conwololng a,ft "Mutibn of to oonlraA and ft City reow4w the dght to uMMM*nenew the GVuWd for threa (3) additional one (1) year pefiods under the unme term. Condiffform The CONSULTANT urxierstande.ww aeknowediggs ffat ft$Omaos to be performed during the two(2)year term vAl be gmwnad by ft Vwnw"' and 001 VwB Is nO QUOM&O Of More wD*bft given to the CONSULTANT. 2.2 In#0 event that servioes are schWU[gd to OW eMW by Contrad woration or by lermingtion by the CITY (at Ow CnY8 CKWASUM), the CONSULTANT Mal mftuO the Harvices. If requested by thp Crry, er unM teek or MaW tore IS CDM~.At no fte shelf M trAMON101011 Period extend more ftn ono.hundred and ctl*(IBM caMdar days bwyond the expiration deft of Me eftft ourgract, The CONSULTANT YAK be rahtgread for thlo ssrWw at ft rate in Ned whan this hw6ftnOl Ponied clause was invoked by ft CfTY. ARTICLE 3 MWLQEEj8MgR&M 3.1 Wo*WWK this Cm*aet sholl comirmum upon ft gh*V of wMkv noft by ft CITY to the CONSULTANT by mW of an executed to*ordw Ond raeulignt took ordaE CONSULTANT shelf Pedorm ON Bervices aid Ptlfida 811 work product rOqWmd PurMffint to this Contract and the spaAc tjok order by tim Smequence of Events,or unleas on wdansion of time is granw in wfti,@ by the CITy. ARTICLE 4.1 The CONSULTANT shall be paid bYthe CITY for 00MPWOd wo*end for services wderad under thk agmenum as fulkwa: Parniard ftr ft vmrk provkfad by CONSLXTAj4T$hal be made 117 accordance udh the Fee SohoWs as providad in E-,gbd*-A-ggiaonad heratm PaWwnt as provided in this 890m Shelf be U compar"Jan fervmr-k Wofmad,serviess rendered end for all mawats,supow,equiprmt arx!Incidentals rwmeary to oompWo the work. ComPardadon for sub-CONSULTANTS will be negotiated based on 690h task order. Compensation Wit be through a dweat awk-up in BOYMmSeach Utilifles-Gawal Owsajdag swvkeS VS CLFAN MAL C-14 Page 378 of 1256 O'coOrthil"08 with the Schedule Of Prohmalonal Fees attached hereto, Sub-consulticig services shall be approved by the Offra represenMW prior 10 Peffoname of the sub�cunsuftq wark. C4=uW% time for processing and management of the sub. COMULTANT shol not be Included in direct costs as the direct markt up la applied W management efforts, ,0 The CONSULTANT May submit vauftne to fie CITY on per month duft the progress of the Work for partial payment for preisot completed to date. Such vouchers wig be vedhod by the ClTy, and Upon EPPrMMI t Will be made to the CONSULTANT in ea approved, 41 In cartain cases where joripereardel billing for partially completed Work is permitted by the CITYS representative,the total hurerria b0ings "not exceed the peecerdage:of safteled compkillim or identifiable deliver"s or accepted Qes as of the billing dale, 4 Computation of Time Charge&ftj-tD-Excaad method of payment: When a sendae [a to be compensated bond an time chostleMot-le- exceed ® the CONSULTANT shall submit a noi4o-exow proposaF to the CrFrS representative for Prior approval based on estimated labor hours and hourly rates Whkh shall not exceed the established hourly rates as per the Schedule of Professional Fees alldW herefG, plus sub-CONSULTANT saMoss and other related coal&supporting the p roposed work. The CITYshall not be obligated to reimburse the CONSULTANT for cosIs Incurred In excess oftholotal not-to-emosed cost rmlauis 4, Find payment of any balance due the CONSULTANT of the told contract price earned will be made promptly upon its aswitelament and verffloatilon by the CITY after the completion of the Work under this Agreement and its acceptance by the CITY,which she[occur no later than 30 days following receipt of the Invoke. 4, Flaitijamigo.-Ino for both parties herein to close their books and records. the CONSULTANT will ds8dY Wift MWLjgMW an the CONSULTANT'S flnelAafft Ulling to the CITY. Thefinal lmidloscierfifies that all services furve been property perforrned and all charges and costo have been invoiced to ft CITY, in this account will thereupon be closed. and any other further charges if not property Included on this loe are considered warned by the CONSULTANT. 0 The cost of all awAces as stated herein shall remah fixed and fin for the initial two(2)year period of the contract. Costs for subwquent years and any extension lease shall be subjeetto an ad)ualment only If Increases lincur In Me Industry. However, unleas very unusual and significant changes have occurred in the indualry,such Inemaisas shall not exceed 5% per-year. or whichever it, ism, the latm yearly percentage increase in ft AM Urban CDnsumera Price Index(CPR� (Nationoo as published by ft Sureou of Labor Statistics, U.S. Boyaft Be4eh thJudes-Genand comultins Soviets V-5 CLEM RKAL C-15 Page 379 of 1256 t L I in ll be#0 latest Index published and ovegahle and of t rt n o f mpred to the i s pnorlo o SaMB Month One{f)year prior. Any f and Submitted to the MY at load vidy(so)days prior to the contract annWentary shag broom shisofiva upon the anniversary date of the cardnact in ft event!the OR or kWUOV coo dedline,to ClTy right to receive from the CONSULTANT; a reasonable reduction In costs OW reflect such changes In the.In ry' The MY may after examination,mfim to accept the ad&&W Daft if they are not WMx* documarried. lacreaw we considered to be dezMalea,or decreases are considered to be insufficientIn the event to CRY does not wish to accept ft r4ustad ocals and the,matter cannot be fCITY. y be cafflodled by the CITY upon gMng thirty(30) r dap YAMn . nadca to go CONSULTANT AR71CLE 51 Upon completion Of Ins PF01W and final FVnW 10 CONSULTANT, all 9 specowfiens MW color COWULTANTunder this Coft,,td the documentsa the CITY whether the Project are Mads Is wromAnd or not, NotwAtImlandingCONSULTANT &*oil maintain ft lights to reuse GINKINd dsWit aod other de*n features on other projects.The CONSULTANT shall be pw~to n copies,! r .of drawifigs and spedfionflens lbr !aa®reference end use In o with CONSULTANTSd of the docutnerris for pupows atm than as origholly in consent:of L a a riskof A CONSULTANTand9 CONSULTANTS ARTICLE LUNDING .1 TW Contracl sW remain in IWI force and~only long as the espenditures provided in the Contract ham bow appropriated by the City Cormligaian of Boynton Bass*in the annual budget for each hal yew of this Contract,and to But4ed to termination based on lack of fundIng. - 7.1 CONSULTANT represents and warrants to the CITYa In the w4p of saivicesat It Wll mWn and assign qualified prollaselonalls to al assigned pro" durfoll the term of thh; Contract. UL ll meet a slarodad of care for professional anonewing and related services equal to the standardof care for wgineedrig professional Wataking under similler conditlow In Kdmnkft h response RFQ.CONSULTANT has representedE i ua by CONSULTANT I pmvi o swWoes to Crfy pursuant to this Contract, CITY Bus&-BaWh 1.161W" (dad Services Vf 5 CLEAN FINAL C-16 Page 380 of 1256 has miled upon each rep ns. Therefore,CONSULTANT shall not chorale the designated Prafed Manager for any PrOW Viftaut the advance vAftn approval of the CITY, i` consent shall not be unreasonably el m TJ 8.1 CONSULTANT shall, in performing thei serviced contemplated by this service Contract faithfully obsem and comply with all faderA fifift and local laws, onfirtances and regulations are applicable e services to be renderedtinder is Contract shall review and comply with laws,requiellonc codes and standards In effect as of the date oFthis agreementthe are apphooble to CONSuLTANT's sorrices ands all exercise professionalJudgmimi to carnply with requirements Imposed governmental authorities havingJurlsoldrion projea Shouldn any ,ordinance,or Wulabon resuft In Increased costs ordelaystosenfices rendered.bothpartles agreston equitable adIustment to soladulas and prfces ARTICLE ,m W2UMEG&= 9.1 Subject to the Imiting provisions of Florida Statute 72548,CONSULTANTshall agents and employses,ftorn and all lossosor arry pordon therect, including reasonaMe aftneys'lises and curve,arising ftm injury or death to persons,Jndudln2 inIurles, disesse or death to CONSULTANT'S ,or damage to property to e wdent caused by neglonce, r or intentionally wrongful conduct of CONSULTANT or o0vor persons employed or u1bed by CONSULTANT In performance of CONSULTAN'I'Sdutles, Neither pony to this Content @ be gable Ibr any special, Incidental. Indirect or consequential damages of any kind,Including but not limited to lost profteuse that my result korn this e.servNes of goods famishedhereunder. .2 To the greatest iedent permitted pirsuant ID Becton 725.06, CONSULTANT'CONSULTANT's Indemnification obl (Whon providingi toCITY) shell clot exceed the value of CONSULTANPatotal compensation. Such oblfgation shall not be conevued to negate. abridge or Otherwise reducer rights r obligations of indeminfly whichwould otherwise wrist as to a party or person described in into Arllcl& FLORIDAPURSUANT TO INDIVIDUAL I ACTINGPROFESSIONAL EMPLOYED BY OR CONSULTANT MAY BE HELD INDIVIDUALLY LIABLE RESULTINGDAMAGES I OCCURRING WITHIN r PROFESSIONAL SERVICES Boymm Bead Utilities-Genem consulting Semi= AL C47 Page 381 of 1256 1 -I 10.1 During the PeffOrMnos of the services under this Contract,CONSULTANT maintain the Malawi" Insunance policies, and pro" ceffmtes of Insurance aWdencing such oowerages mid limits, and shall be written by an Insurance company au#WbW to do business In Florkla. 10-1.1 W~8 Compensation Insuranea. The CONSULTANT makt'aln for the We of this ® Warlaar's Compensation r co"ptia an employeas with lintito nmwft all applicable side and r CONSULTANT Insurance ISquIrOM&ft coverne I' federal918% And law. This coverage must eltmid to any sub- CONSULTANTr and in favor ofthe CITY of Boynton Baaoft, examfied by the insurance 10.1.2al Liability,The CONSULTANT shall maintain for the We of this Contract Carnprettgoelft Gaaaml UnWIlly InsuranoL This I be an an ToustreaW basis. Coverage Completed gand Contractual f Article • 'I shall coverage for death, 1391301181 i or property damage that couild arlse, directly or Indirectlyperformance mirdmum coverage of 1> injury/ and 1® general000.000 per occurrenceleggregaft for poperly damaga The 1WARy insurance,shell Include the CITY as an additional Insured noticethirty(W)days prior wrftn to non"yymant of prernitum 10-1.3 a The LT and h' ® Liability Insurance. The CONSULTANT aW malnialn a $1,000,WD combined s!rWb krnk for bodily Injury Vablifty to protect Via CONSULTANT from claims for Including i Injury, edge from the ownership, I an n a In automobiles, F lin Me ®LT directly or lindirecity wnployed by the CONSULTANT. 10-IA Professional LiabilityI Irmuranow. CONSULTANTIn forthe We of this Contract in the minimurn t of$1,000,000 Utilities- co"afflas Services VS MAN FINAL 04a Page 382 of 1256 102 It shall be the reoponsibilly of the CONSULTANT to ensure that all sub- CONSULTANTS comply w1h the sarns Inamnoe requirements referenced above. 10.3 In the judgment of the CITY, prevailing conditions um-rant the provision by the CONSULTANT of additional labVfty insurance coverage or coverage which Is dftrad in kind, the CITY reserves the right to require the provision by CONSULTANT of an amount of coverage different from the amounts or kind previously requIred and shag afflard written notice of such change in requirements thirty (30) days prior to the date on which the requirements shall take effba Sho*the CONSULTANT UN or refuse to satisly the requirement of changed coverage eMin the thirty M dop fdowing the CITY'S wriflan ralce,the CITY, at he sole, option, may terminate the Contract upon written notice to the CONSULTANT,said termination taking allied on the dale that the required change In policy cmwna would othemdae take effiect 10.4 CONSULTANT shag,for a period of two(2)years folloWng the termination of the Agreement,maintain a'W comrago"in On amount equal to that described above If wverage is not otherwise renewed for Comprehensive Liability Insurance on a defrneqnsdar policy only. Ax-nCLE 11IMMEDAW&L9211MMM It.1 The CONSULTANT and the CITYsMstfiatthe COMMI-TANT is an Independent CONSUI-TANT vAth rasped to the servibas provided pursuant to this Contrac-L Nothing in this Contract shall be considered to create the relationship of amplayer and employee between the parties hersto, Neither CONSULTANT nor any employee of CONSULTANT shall be entitled to any bonaft accorded CITY amplayeas by virlue of the services provided under this Contrad.The CITY shall not be responsible for withhokift or othenvise deducting federal incorne in or social security or for contdboUng to the stoe Mustrilal Insurance program, offunwilso assuming the dubw of an employer with respect to CONSULTANT,or any employee of CONSULTANT. 11.2 CONSULTANT acknowledges and understands that, as an independent CONSULTANT pursuant to this Allreemenk CONSULTANT shall comply with Chapter 11 Florida Stat".as amended(Public Records). CONSULTANT'S oblWallon Includes. but is not 11mited to CONSULTANT$obligation to presenre public records and make public records avellable to third parties In adc[Mon to the CITY. AP71CLE 12- 1 .1 12.1 The CONSULTANT warrants that he has not employed or retained any Company or a®other than a bonsfids employee working solely for the CONSULTANT, to sollch or secure this Conbact,and MM he has not paid or agreed to pay any coMany or person, othar than a bonafide employes working solely for the CONSULTANT, any fee, oommission, parcentMA brokerage lee, Uft, or any other consideration contingent upon or resulting Wm the award or making of this Contract. For breach or violation of this warranty,the CITY shall have the right to annul ft Contract Without Ilablifty or.in 11h;dleciedon to deduct ftm the conked Boyawn Bach Utilifloo-Gemral CAnalling S&vivn VJ CLE"FINAL C40 Page 383 of 1256 of 4onsiderMon, f percentage,bmkwqe be,g1t orcentiegew fee. ARTICLE13- 13.1execution of a truth4n-riagolleffen COMcaftto daterntwo the compensation provided for In ft Contim.is a and current as of the Lima . 13.2 T u that and costs wow hrmossed due to lnawffste In e of le" pald to oulskle CONSULTAMMUrlder*10 in 1)year 14-, 14.9 The CITY ressoves the dSUB-CONSULTANT or to rejed the selection of n particular sub-CONSULTANT and to Inspect SUB-CONSULTANTS In order to make a detarmInsdon as to the capleoft of the SU&CONSULTANT to parliorm pvpadyL'i! Is encouraged to seek local wendors for partlelpstion in subcontracting opportunities. II LTCONSULTANTS on M project the falloadng provislonsthis Article shag apply: 14.2 It e SUBjCONSULTANT falls to performa as required Contract,lawl it in ay to replace the SUB-CONSULTANT to complete the work in a thisly fashlosa the CONSULTANT shal promptly de so, stMed to acceptence of line nw SUB-CONSULTANT by go CITY. The portionsubcontractor shell riot be Adequile,cause to amuse a delay In the parlbirmelice any afthk contract as set forth In the Scope of Work. 14.3 The CONSULTANT, LILT agree to be bound bythe Temnsand Conditions of I With the SUB-CONSULTSUB-CONSULTANT ror wask to be perforwed for the My the CONSULTANT must incorporatethe terms of this oontrea ARTICLE1 Lt )- 15.1 The CONSULTANT,with regard to the work parkmad by I Under this will not discriminate an the grounds of raw,color,national origin, e,am or the presence of any physical or sensery handicap in Me selectionand retention of employeas or procurement of materlaW or stoplies. ARTICLE 1ApffiG W= IL - 1 1 The CONSULTANTshall not sublet or assign any ofths.services omered by this Contract vAthout the express written consent of the CITY. 11"nian Reach 171iti' -Ge conadfing services V.S CLEAN FINAL C-20 Page 384 of 1256 ART11CLE 17 17.1 A var by either C17Y or CONSULTANT of any breach of is Contract shall not be Wnding upon"welving party unless such walver is In mOng, In the ovent of a written walvar, such a walver shag not affed the waiving partYs rights with resWd to any other or further keech. The malting or acceptence of a psyrnent by aither isarty mft knoWafte of the exWence of a default or breach shag not operate or be constfued to operate as a waiver of any subsequent: debull or breach. ARTICLE,IS— 18.1 This Contract may be teinninased by the CITY for convenience, upon ten(110)days of written notice by the terminating pady to the other peft for such termination In which went the CONSULTANT shag be paid Us compenceftri for services performed to termination date, Including services ronaW related to termination, In ft event that the CONSULTANT abandons Me Contract or causes it to be twminated,CONSULTANT shall Indarrinblyft CITY agaI nst loss pertaining to this termination, 18,2 r In addition to all other remedies available to the CITY,(his CDntrad iball be sublect to cancellation by the CITY for causA should the CONSULTANT negled or fal to perform or obame any of the material tomur. provislons,conditions,or requirements Inerein contained,it such neglect or failure continue for a period or thirty(30)days of reodpt by CONSULTANT of written notice of auch nsgW or failure. In the event of non-payment of other material bmach of this Contract by CITY, the Coralrect Is subject to cancellation by CONSULTANT should such condition continua fbr a period of thirty(30)days after recelpt by CITY of written notice of brawn. ARTICLE 19—L0EUj22AXqX= 10.1 Any cNqxft arlsing out of the team or canddions af this Contract shag be adjudicated within the courts of Florida.Further,this Contract shall be construed under Florida Low.Claims, disputes or other matters In question behmen the parties to We Contract arising out of or relating to this Contract all be Ins court of law, The CrTY does not consent to mediation or arbitrationfor any matter connected to this Conbs4 The parties agree fiat any action arising out of this Contract shag take place In Palm Beach County,Morkle. ARTICLS 2D—jjN2iQkEEEQLLAP_L_EFDJW 20.1 Neither the CITY nor CONSULTANT shall be considered to be in default of this Con"d ofd In or fallurs of performance dwil to due to Uncontrollable Fomm, the~of which, by the exwulweo of reasonable dilligence, the non- performing party oWid not awK The torin'Uncontrollable Forces'shall mean any event which results In the prevention or delay of performance by a party of ft obligations unclAr this Contract arid vAlch is beyond the reasonable control of the non-performing party. It Includes, but Is not Kmbd to fire,good, earthquakes. dorms, lightning. epidemic, war, dot, civil disturbance, sabotage, and ftawn Bewh UtIlWas-Gwaml Cunsulaps Semms V.5 CLEAN FINAL C-21 Page 385 of 1256 governmental actions. In such citcumstarroes, parties agree to an equitable s4usiment of scheduiss and prices. 20.2 NdffW Party Sheill,hoVMW,be excused firom perfonnance 9 non-peribnnance Is due to form which are ,r ®or rernedlable,and which ft non- PWIWMbV party Could have,with theeitardse of reasonable ® prowded. removed,or remedled w1h reasonable dispaM The non-pedionningi party eholl, within a reasonable time of bekV prowarded or delayed ftm parlorraiince by an uncontrollable few. ahm wn#w notion to ft COW party daWAft the circumstances mid unoontrollabla fame preventIng continued perkimance of IM owilladons Of Ifib Contra& ARTICLE 21—SML42QZRMLWEQMAMqN AMRSMVM 21.1 CrrY shall fornish CONSULTANT avallable show, reports and other date Psrtinent to CONSULTANTS servIom- obtain or authorize CONSULTANT to obtain orprovide additional reporta and data as required;furnish to OONSULTANT MVIDES Of others r80116d for ther porlbrenence of CONSULTANT'S services hereunder. and CONSULTANT shall be mWed to use and rdy upon all such h*MMdW and ONVIC08 provided by CITY or others In pedom*V CONSULTANTS services under this Agreement ARTlCL9 22- 22.1 in Providko aphlons of cast,financial analyses,emomic hosibilfty prufactlons� and schedules few pater" ®CONSULTANT has no om*ol over cost or price of labor and maletial;unknom oy Ment conditions of extaft aquiprrat or Madam that nwy alled aimmilon and maintervance coals,compoduve bidding procedurm and market conditions;Ime or qualfty of parbmanop oftbird parties; quality, type, MIRSONTOM or difectlon of operaft Personnel; and Mar economic and operational factors#M may malgriaily affect the ultimate project Therefore,CONSULTANT makes no warranty M*CITY'S adM pn4ed cogs. finannial aspects, ecorkoft kwbft or&%edulag will not y" ftm CONSULTANT'S opinions.andyses,pr*c6ons.or estima" ARTICLE 23—TW BP LARTIpS 23.1 The servioss to be pWormed by CONSULTANT am ind:ondod nobly Jorft berna of CITY,No person or aft not a signaory to this Agreement&hall be ei-Miled to rely on CONSULTANTS pediorroonce of ft services hareurkW,wW no right to asseit a claim zonst CONSULTANT by assignment of Imlemnity rights or otherwise sholl socne to a third party as a result of this Agreement or the perfammmoo of CONSULTANTS services.hereunder, BOYMMBNch udiwes-G=Wd cmSuidng swekw V.S CIEM FINAL C-22 Page 386 of 1256 ARTMW_24- .1 AN nolloss required in this Contract shall boseritto the CITY and shall be mailed to: 1 12 E Wool n. i n - o FI And Notion to CONSULTANT,shall be sent to the folloWngaddress. flr.. lre`s aatn tl n Muleh Ba _ .... 6t TICS 25.1 This Coact,together with the RFQNIFPand any addends andfor aflachmeMs, represents the entireand l t tan a CONSULTANTd allnegotiations, ions, or agreementsor oral. This Contractamended only by wriften inwament altinedy tioth CITY andCONSULTANT. 2 In the everd of a conflict behmsenag provielon of this Agreement and a provision of an individual Task Order,the provision of Me Truit Order will ARTICLE 26 26.1 CITY is a political subdivision of the State of Florida and enjoys smiension Immunity, € In the Agreement is intended, ll be conaftuad or to wahre air mo s I raid and N `o an lib provided r In `q 768.2 8,Fiords Statute,as may be amended from time to time,or successorany statute thereof. To the contrary,sN terms and provisions contained In the Coritrect,or any disagreement or dispute concerningIt shall be construed or resolved so as to Insure CITY of V* firnitation from liability provided to arri successor To the contrary, all terms and provision contained the Contraa or any diss2reement or dispute concerningit,shaill be consimed or resolved so as to insurs CITY of ft ll ' ilan from liability providedthe Stews subdivisions by stele 1 26.2 In connection with any litigation or other proceeding 'sl apt of the Contract,the prevailing party shall he entitled to recover fts own cooft and attorney roll and Including any appeals and arty postAudgment procowlings. CITIrS liability costs and a ay's fees,haviever,shall not after or waive CITYS entitlement oyntinB 'lifia-Gemal Cbmulting Scrvk,% V. CIZAN FINAL C43 Page 387 of 1256 .............. ............ *MrMbn hmunk, Or Odsud MrS ll&bMty beyond the fluft eaWAW*d in Season 7K28,Florida SUbAss.as amends& ®27—&JMLC 7®l Mw Cay is public agancy subject to ChapL-r 119, Florida Statutes. The CONSULTANT shall comply with Florida's Public Rem*Law. Specifically, the Contractor sUl- A. Keep end maintain public records required by Me CITY to perform the service; B. Upon request fimm the CITYS cuuDdian of public records,provide the CITY with a copy of the requested records or allow&c recoids to be Imimted or copied within a reasonable time at a cost that does not exceed The cost provided in ch 4pW 119,FIL SUL or as otherwise provided by law, C. Ensure that public records that am exempt or that an confidandal ad ommpt fiarn public record disclosure requirements are not disclosed except as sartimized by law for the duration of the conaW taus and, fbIlowing conaplation® o dw convact, Contractor WWI destroy all copies of such caWidential and exempt recora ramaining in' possaWan anco the Contractor ftmulas the ram*in its Possession to the MY,and D.Upon compledoq afthe,cantwk contractor shmil aarsfer to be Crly, at nocartto the CITY,all public MGM$® CaHroctoespossesslaft All records armed clectronkally by Contramw must be provided to the ®upon request fmm the CITY'S cuskdian of l' records,in a &=at that is convalible with the infonnation ftelmology sywxm of the Crry. I- IF THE CONSULTANT Jim QUESTIONS REGAMING THE APPUCATIONOF CHAPTER Jig, FLORIDA STATUES, TO THE CONTRACTOWS DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT,CONTACT THE CUSTODIAN OF PUBLIC RECORDS: (My CLF") P.O.BOX 310 BOYNTON BEACH,FLORIDA,33425 561-742-6061. soymn Bewh ulailim-Gat"cauuwag savkft V.5 CLEM FINAL 0.24 Page 388 of 1256 Article 28-LD41TATION OF LIABILITY THE PARTIES HAVE EVALUATED THE RESPECTIVE RISKS AND REMEDIES UNDER THIS AGREEMENT AND AGREE TO ALLOCATE THE RISKS AND RESTRICT THE REMEDIES TO 'REFLECT THAT EVALUATION. CrTY AGREES TO RESTRICT ITS REMEDIES UNDER THIS AGREEMENT AGAINST CONSULTANT, ITS PARENTS� AFFILIATES AND SUBSIDIARIES,AND THEIR RESPECTNE DIRECTDRS,OFFICERS, SHMMOLDERS AND EMPLOYEES, C-CONSULTANI-S COVERED PARTIES"). SO THAT THE TOTAL AGGREGATE LIABILITY OFTCONSULANrS COVERED PARTIES SHALL NOT EXCEED THE VALUE OF CONSULTANTS TSERVICES UNDER THE ASSIGNED TASK ORDER. THIS RESTIRICTION OF REMEDIES SHALL APPLY TO ALL SUITS.CLAIMS,ACTIONS.LOSSES,COSTS(INCLUDING ATTORNEY FEES)AND DAMAGES OF ANY NATURE ARISING FROM OR RELATED TO THIS AGREEMENT WITHOUT REGARD TO THE LEGAL THEORY UNDER WHICH S LIABILrrY IS IMPOSED, CLAIMS MUST BE BROUGHT WITHIN ONE CALENDAR YEAR FROM PERFORMANCE OF THE SERVICES UNLESS A LONGER PERIOD IS REQUIRED BY LAW. IN WITNESS WHEREOFthe parties hareto hI ave oxmied this Contract n muftiple copies.each of which®shyl be considered an oflonal an the NimMng dates'. DATED this day of CITY OF BOA ISI REACH Clay Ma SIAL Z eapilf AftentlAuthenficated: I I r5 'Zyl TRIP, offile Sea]) (Corp C C lrkll ly Approve as orm.'. AttesVAutbenticmded: veas r 011 thetIF Boynwn Beach mlities P General CM80hins semefis C46 W CLEM FINAL Page 389 of 1256 EXHIBIT SCOPE ID FEE SCHEDULE Jim s 230.00 Serder Transportation EA91neerm Seri Tr ntoner X17 Senior - , r stibcomult Engineer urban �, r . Trans rtation Planner $140.6DIns .00. OD CAWa trans R an ng ec are Do iistr " Chief DesIgner Effective thrm4h June 30,2019- SuWct annual adjustment. fth§KMhkEVeMM Direct is such as postage,prints,dehvety service will be billed at cost. BoyMnBach skies-Gmad C=uWas, V-5 Page 390 of 1256 01 Wa- MIG � e'. said a OW of Borton is AddftxW Inmrd is respect to cq ! ° t hwanix COW08%MW We m u1 'ffil ..Fd.Bed Cfl.Of-84"or h r.( r6ta ow �i8° ��rr � asc$ ei J Alla is��eft�C s�F` 2 Ihttl� C� t1 t 1 f all b the pity ! SP. I Omwal Li °' p Ag& SIANXM P ( P .1 Lg000. 1.iq bMW _ ES&Deohiftm 1: po.00 as i ty Fire { ) S SOOKOO Mod,1;xpMM4AnY am POMM) 5P00,00 pallustblay Akeays at LudAbskoxcit Bxtd Fujim Vend= Pe upd A Contradw t® rf Dwad Fam P irate L4d LwAity A le . °leiy COMNDW UvAt S 500, AnYAUM fly[ to hir docemined All Oymed Autw Bodily Taj`, tts be dawrMined scwukdAuwto be dewmah*ml ffived Awaii` do, PLIBWo dal Gusp [ssbi€Ity Bas .b,g Eft A.,joic., S LWOKOO Any Auto Oflor'nu Aaw Only 100,096.00 Quargrwo tem690 y Bach Aaddwt s Y MMOD Aaregac $1,00,00mon UO&MAMFoM AM-pm to cleftwkwd n Org UY4119 P yces 'mut; Fach Accident $ 100,000.00 Disaw.Policy Limit S 501LCM-60 Dlw=Each EnVloyw1itD k� w� Homm%mcus Revocable North 5 3t ID e Limits it Boynton Bwh Utiiltks- [CousuWaS SoMoes V-S MEAN FINAL C-47 Page 391 of 1256 PERFORMANCE EVALUAnON FORM CONSULnNGENGMERS La ?LW ,. � . r.. �3t ic Con 2. , mm _ r y .. ...�- .�... m No —C—Wdldmw ....... li' CanmMag Swifts V.5 CLEAN FWAL Page 392 of 1256 P911FORMANCE EVALUATION FORM CONSULTING ENGINEERS(CONTINuED) DESIGNIENGINEERING SERVICES AND PRELIMINARY BID DOCUMENT PREPARTION PHASE bel iWA hlhat . .__. 1 m AM 'Preliminary ii d M*wdevalumflon of levels of clalfty,a0wraq,and . RNAL DOCUMENT PREPARATION,BID, hi . .0 r3. Accwumc ard _ R lam. Y l m a l4e` , . _ _ u in Idea n, al Imellnew 2- 13 A- 1 21 4 g Sir oer Y 'li' Bald V.5 CLEAN FINAL Page 393 of 1256 ExEmyr"c" CONSULTING ENGINEEM '` CONSTRUCTION PHASE COWnXIMN tt the 1.L � 1 2 1 2 - m Tknelm 2 B. _ 2 WF&D casts 2 3 4 11. e capho of signed and approval by 91 1 2 12. Did Me Caw in � the 1 2 m mfr �a 2 1 .. 2 Boyalm Bemb Whits- A'd+Codadttog seen m VJ CLEAN FINAL Page 394 of 1256 EXHIBIT"C" PERFORMANCE EVALUATION FORM CONSULTING PLANNINGISTUDYACTIMY,REPORT,OTHER 77 ou 1 e _..� Theln, of submissions of docy _. owmat1 _ �. Uftnt a it Rayntm Bea&WHO,GWOWcons, saviml V.s CLEMMNAL Page 395 of 1256 PURCHASE ORDER - CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 3301 Quantum Blvd. Suite 101 P.O. BOX 310 P.O. #: 190709 BOYNTON BEACH, FLORIDA 33425-0310 DATE: 01/24/19 VENDOR 7084 SHIP TO: TO: WMAN GROUP INC. City of Boynton Beach ENGINEERING/SURVEYING ETC PUBLIC WORKS DEPARTMENT 2035 VISTA PARKWAY 222 N.E. 9TH AVENUE WEST PALM BEACH, FL 33411 BOYNTON BEACH, FL 33435 REQUISITION NO. 73047 ORDERING DEPARTMENT. ENGINEER ING/AGGA/PM/GD DATE NEEDED: BID NO- COMMISSION APPROVED: EXTENDED LINE# QUANTITY UOM ITEM O. AND DESCRIPTION UNIT COST COST 1 2394. 00 DL ESTABLISH HORIZONTAL & VERTICAL 1.0000 2394. 00 CONTROL TASK ORDER #U-A-01 RFQ #.- Comm IZZ1,C)IN:11- 7' . ......... APRIL 71' 2 2082 . 00 DL T ..MAR A%kOM 0 0 0 2082 .00 3 2394. 00 DL. bF i-10AY EST .0000 2394 . 00 6104.00 Co�VE DATA.- .0.0 4 6104 . 00 NTI 1-Q hl]k. ift 5 5498. 00 CREATE DT--M EXTRACT 1 0flt10. 5498. 00 TA A 6 4336. 00 DL ..:-,-PR-EPARBT.OPOGRAPH:IC SURVEY & -00 0 4336. 00 ,PR,0j-ECT DEL-il: . .. . . . . . . . . . . . . . . . . . . . .. HIC ,SURVEY :,AOR .PLNINr & ESIlti1 PURPOS S OF WRYbF S. ON THE SO 9 D AVEE D NDE-t 0 R T H BY..:S£.'. -"F, N �'.2 M:11 BYN.O. .0LBRIGH7:r.-RD�. RFQ -0.6251 TASK.7.- ........... PROCUREMENT SERViCE=& IFYj P.O. TOTAL. 22808.0 O � ACCOUNT NO. PROJECT 303-4905-580.63-08 CP0266 PURCHASING Page 396 of 1256 E-q �m C) :*4 0 pd M H RP0 0 C) C) EO c) C) 0C� PQ 0 0 cq C3 a C) 0 (D 0 OD Ch C3 of ff) 0 H H H H H r-I Ln m CD W 01 0 0 0 0 tr) 0 W �4 aP M P4�4 m P4 04 04 C5 C� z H M 0 0 C� C3 u u 0 0 0 su C) E� 0� 0 0 0 9 0 0 0 rn C� C� (d ru rd 'd to 0 CD 0 H 1 E-1 4J 0 0 J-) 4J 4J 0 ril z 1 0 0 0 0 0 9 C) 0 -4 _rq -ri ri -ri _rq o H Hri rd 0 w 0 0 w N OD ril H 4J V 43 4J ji 41 �3 0 UW WED OLD OW GADW W Z ca r- 0 Q 01 W LO W LD a)to 0 kD(U to a)�b 07 D I f14f3Cq$4 CN k N k N�14 N S4 Cq�4 00 Sq C) C) Z u u u u u u OM4JOVa4JOVO4J(D.0 m E-4 04 4 Ul vW In co CD U% 0 0) r-i Kp rl) All cl C%3 Kp 0 P4 pq Affl U3 10 LO E-4 0 U 0 A HW P4 0 0 0 0 0 H E Fq P 0 W AU AU Qu mu Qu Au P < F, EIMPW rApp p 0 pq w U 102 m � > > 11 WW WW Hww 9mw Omw HW z 9494 WW E-4 W N N N P4134 N w N�Q4=14WP4 U a4 E.Npm, Z XPEPX is rOHOHOHOHOHOH Wb 0 P.S�� LS f4 < u 4 4'a 0 1 Z H zm 7-H U-16H gzH Z H I MPWPMPMHMPWP m ON ON HOW 0 N ON �HON w w W�N HN -NI EHI EHI FHA MW UM N E-4 4 XP4 9'C MIR H 0 U L) u u mu u W N N 04 P4 f4 W N m HXE4XPzHZPZE-4 RP OP 0 E� POE-� OEI �D P N 0 0 Wo WME g0 'IX 0 MNO U E-1 is HPmp�4 XPZ HZ H Q 114 M— HM— Um— H 0 W z>4 �. oz ' oz>l Hz>i 0 ZCD H > ON M0 M m co 00 co CD Go z O� 0 U> E_4U HU z<8> N U0>m "",co)>m 0 C) 0 C) 0 n W P4 N N m m rn m m Fi 1 01 :15 OJ MA w w =D CO NONO P4 M 04 M Ha4M P4 Cq pq W ONM C) 0 C. 0 00 0 z 9 w LA m m 0 N 1 .4 �4N�o �.1:1 P�6 �>;Q- >4 m m Ln Ln m m H WD4 w O . 0 E-4 0 0 PO -PO F,P 0 0 C) 0 0 0 H P MQ 0 H,4HE no HE rz4 H I OHE MHE WHE P4 H N mm n Op un wpo n P 0 H . 40 In 0 HOO 00 00 PO 00 um m m m m z mp UO 0 0 C) C:) 0, Hpo�u HEu E-qxu �bxu mxu xu M ul O� gl� og� Hg� ZM m m m m 0 0) 1 on E 0 0 990�3 N m 44 0 um Num Hum um mum Num U pd 94 P4 w P4 P4 H M Ln LD 1 H N m m w r7 Z H Page 397 of 1256 � I CV CV m I � a I 1 � I HI ICD 1 [v >4 0 cv m AI x I r� I H I a I W I A I i I i i I AHI a I HUI • W i U I z I H i I O HH e°- a HU) H ® i �8 I a I H i O M H Ncr U, u1 i H ri ca W pq I Cn O O 'Hz �a A � a 0 00 Hi � H a H I U ul 40 o I w a P4 ca A I W U HA ra 4+ mi H I i rr i A s F4 I Pa \ 1 I e I 'v. I a H p I I W I Z} i I H a I y 1 I i O � I H O O H cVU� H F4 i A Hva A � Qa i w rl w l U! H i a i 1 Page 398 of 1256 d CITY OF BOYNTON BEACH REQUEST FOR PURCHASE OVER $10v000 w Date: 1/23/2019 Department:Requesting - Engineering Contact Person: PaolaMendoza Explanation Professional to for SE 1 st Street topographic survey for planningn i n purposes Qt lin the right of way of SE Ist Street, bounded on north by SE 2ndAve, and bounded n the south by Woolbright Road. Recommended Vendor The n I Dollar Source for Purchase (check and attach backup materials): Three Written Quotations GSA State Contract PRIDEIRESPECT APS Sole Source Piggy-Back u ete item Emergency Purchase Other Contract Number. NOTE: Pricing proposal for purchase must be presented€n.the same detail contained within the contract Fund Source I 303-4905-580-6308, Project Approvals: Department' Head cch in Agent ��I �' 1 f t V Asst City n r Date City Manager Date It Form Revised 02101/02 Page 399 of 1256 Greco-Arendbia, Adrianna From: Mendoza, Paola Sent Wednesday,January 23,2019 9:01 AM To: Greco-Arencibia,Adrianna Subject. PO For Task Order#U-A-03, SE 1st Street Topographic Survey Attachments: Fwd:Surveyor, City of Boynton Beach SE 1st Street(002).pdf, Survey Proposal for SE 1st Street - 1.21.19 (002).pdf Hello,this is the second PO that Gary was talking about in his email. Can you please create a PO for a new job with WGI-Task#U-A-03,for the amount of$22,808.00 Please see attached quote from WGI The project scope is to add adding sidewalks to the roadway. An account#3034905580.63-08 Project No.CP0266 Also, please see attached email from Taralyn with the task number Thank you very much, please let me know if you have any questions or I left something out, Paola Paola Mendoza Associate Engineer Public Works/Engineering Mailing Address, P.O. Box 310 1 Boynton each, Florida 33425 Physical Address:3301 Quantum Blvd., Suite 101 I Boynton Beach, Florida 33426 561-742-6266 endozaP@bbfl.us Boynton-beach.org/ 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. Page 400 of 1256 r ! From: nmer, Gary Sent: Wednesday,January , 2019 : 4 AM Mendoza, Paola Fwd:Surveyor Here you go Gary Dunmyer, MBA, P.E. City Engineer _ Public Works, Engineering Mailing Address: P.O. Box 310 1 Boynton Beach, Florida 33425 Physical Address:3301 Quantum Blvd., Suite 101 1 Boynton Beach, Florida 33426 561-742-6231 j Dunm erG bbfl.us �t bo nton-beach.or / ,.. Y @ 1 �I �," y -beach.org/ ' r:, Please be advised that Florida has a broad public records law and all correspondence to me via email may be subject to disclosure. ner Florida records law, email addresses are public records. Therefore,your e-mail communication and your e-mail address may be subject to public disclosure. Begin forwarded message: From: "Pratt,T rlyn" < ra bl. s> :January 22,2019 at 7:59:46 AM EST : "Dunmyer, "< u ver bl. s> Subject:RE:Surveyor Good Morning Gary, Task Order#U-A-03 assigned to the below scope of work. Ta ra lyn Taralyn Pratt t Contract Coordinator Boynton Beach Utilities City of Boynton Beach 124 E. Woolbriht B . Boynton Beach, Florida 33435 561-742-6447 prattt@bbfl.us ` http://www.boynton-beach.org/ Page 401 of 1256 561®6 `762220 Tarlyn Pratt Contract Coordinator Boynton Beach Utilities i City of Boynton Beach 124 E. Woolbright Rd. Boynton Beach, Florida 33435 561.-742-6447 rattt@bbfl.us http://www.boynton-beach.org/ p � p://www.boynton-beach.org/ America's Gateway to the Gulfstream Please be advised that Florida has a broad public records law and all correspondence to me via email may be subject t( isclosure. ner 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: Dunmyer,Gary Sent: Friday,January 1 ,2019 9:37 AM Pratt,Taralyn< rat t Lus> Subject:S or Ta ra lyn, I need another survey,who is the next in the rotation? Gary Dunmyer, MBA, P.E. 4 y 4 City Engineer s Public Works, Engineering Mailing Address: P.O. Box 310 ! Boynton Beach, Florida 33425 Physical Address:3301 Quantum Blvd.,Suite 101 I Boynton Beach, Florida 33426 ab 561-742-6231 DunrnyerG@bbfi.us �,a�,;' Boynton-beach.org/ Please be advised that Florida has a broad public records law and all correspondence to me via email may be subject tc isclosure.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 402 of 1256 I N" January 21,2019 Mr.Gary Dumnyer, A, P.E. City Engineer Public Works,Engineering City of Boynton Beach 3301 Quantum Blvd, Suite 101 Boynton Beach,FL 33426 I i s O)bbfl.us Professional Survey Services for SE 1s1 Street Topographic Survey Boynton Beach,FL Task Work Order U-A-03 Dear Aft.Dunmyer, Wantmart Group,Inc. I)is pleased to provide this proposal to City of Boynton Beach(CLIENT) for additional survey services.Our scope of services and corresponding fees are detailed below. In addition,it is agreed GI's services will be performed pursuant to GI's Agreement provisions,associated with the original contract between I and CL]EW,dated March 27,2017. Project Understanding: WGI will perform a Topographic Survey for planning design purposes util' es °al laser scanning )technology and conventional surveying methods as necessary.Project limits are within theright-of-way of SE I I Street,bounded on north by SE 21 Ave,and bounded on the south by Woolbright Rd,located in the City of Boynton Beach. The scope of services are as follows: 1. Prepare Topographic Survey a) Prepares ey cc file and field package information. b) Researrh public records for deeds,plats, maps,and survey control. C) Locate,check and reference project horizontal and vertical control. d) Locate,check and reference monumentation forright-of-way establishment. e) Set LiDAR targets as needed for data acquisition, f) Acquire Terrestrial Mobile Li (TML)scan of roadway corridor. g) Locate visible improvements within theright-of-way of SE 11 Street including but not limited to utility poles,signage,pavement,curbs,sidewalks,and driveways. h) Locate surface evidence of subsurface utilities such as manholes, catch basins, valves, and fire hydrants. i) Obtain spot elevations along adjacent private property lines at 50 foot intervals. D Obtain floor elevation of adjacent private property dwellings. ) Process,check and review field information. 1) Right-of-way determination by Professional Surveyor and Mapper. m) Create a Digital Terrain Model for engineering base map purposes. n) Prepare Topographic Survey and project deliverables. o) Final review and signature by Professional Surveyor and Mapper. 2035 Vises Parkway,east pale Beach, FL 33411 t. 561,687.2220 : 561. ,111 www.WGlnc.com Page 403 of 1256 City of Boynton each January,2019 Page 2 of 3 2. Schedule: a) The project will be completed within 20 days of receipt of an executed Purchase Order. 3. Deliverables: a) Topographic Survey—3 Sets 24"x3 6"plans,electronic DWG,DTK and PDF files of plans. 4. FEES: a) Surveying Services......................................................$22,808.00 Notes: * This is a topographic survey as defined in 5J-17.050,F.A.C. * Vertical control will be based on the North American Vertical Datum of 1988 (NAVD 88). * Horizontal control will be based on the State Plane Coordinate System of 1983,Florida Fast Zone. * Title work is not included in this scope. * Subsurface utility designation and location not included in this scope. * Trees and major landscaping not included in this scope. We appreciate the opportunity to be of service to City of Boynton each. Upon acceptance of this proposal,please sign and return an executed copy to this office.Please note that the Agreement Provisions are an integral part of this contract,axe hereby incorporated by referrnce,and are controlling unless both parties expressly waive them in writing prior to commencement of work. By executing this Proposal, CLffi'NT expressly agrees to be bound by the Agreement Provisions and the enclosed Fee Schedule. Further, and whether this proposal is executed or not, the ordering of, acceptance of, or reliance on services performed by WGI constitutes acceptance of the attached Agreement Provisions. Respectfiffly submitted, WGI Eric Mattliews,PSM Sr. Project Manager < Sam Haft, P.S.M. Vice President www.WGinc.com Page 404 of 1256 City of Boynton Beach January,2019 Page 3 of 3 CLIENT'S CORPORATE ATTESTATION:If signing this Proposal on behalf of a corporate entity, I hereby affirm that such entity is correctly identified above,and is legally valid,active,and duly licensed and authorized to conduct business in the State of Floxida- I also affirm that I am duly authorized and have legal capacity to execute this Proposal and bind the corporate entity. AUTHORIZATION FOR CREDIT CHECK: By signing this Proposal, I hereby authorize WGI to conduct a credit check or obtain a credit report with respect to CLIENT(as identified in this Proposal)for purposes of WGI providing services to CLIENT. Corporate Representative: ? Name(Printed) This Proposal accepted this day of 2017 By Name(Signature) City of Boynton Beach !7 T A 'T www.WGInc,com Page 405 of 1256 88 $p88 o g N N N N N N N N N N N N N N N N N N N N N N N N N N N N q e q a o O e 4 4 g 0 m H A e O o q 'b b 'e 4' O 8 m � t o . o u .y m n N N N p e q O o O m t f ; C O b O' 'e p a O O O s o M 4 � N E7 q O C m O � 4O t V N N O q Q N C W 2 s F N g g o a q o 0 o a e � P d C rt � �N 0 m �p B $ " yam 8 o a q o 0 o b e c a �N a S 9 3 n. a v .i ro,a J ti d'i o ti rl d Page 406 of 1256 The City of Bo- unton Beach Procurement Services 100 E.Boynton Beach Boulevard f P.O.Box 310 g he Boynton Beach,Florida 33425-0310 Telephone No: (561)742-6310 (561)742-631 March 22, 2017 GI-Wantman Group, Inc. 2035 Vista Parkway West Palm Beach, FL 33411 Patrick Meeds, PSM, Project Manager ® RFQ FOR PROFESSIONALMAPPING RFQ ®® 1-1 1, 17 to March 31,2020 Dear Mr. Meed At the City Commission meeting of March 21, 2017, City Commission authorized the City Manager to sign individual agreements with the Evaluation Committee's recommendation of WGI —Wantman Group, Inc., Avirom & Associates, Inc., Whidden Surveying and Engenuity Group, Inc. for Professional Survey Mapping Services for the City of Boynton Beach. We have enclosed the original Consultant Agreement for your signature. As stipulated within the RFQ requirements, your Company's original Certificate of Insurance, naming the City of Boynton Beach as additional insured is to be provided. Please return the original signed contract and Certificate of Insurance to me at your earliest convenience. Also enclosed is a copy of the executed Resolution for your records. We would like to thank you for responding to this Request for Qualifications and look forward to working with The Wantman Group. If you have any questions, please do not hesitate to contact me. Sincerely, Ita Tim W. Howard Assistant City Manager Encl Original Consultant Agreement and Authorizing Resolution c: Angela Prymas, PE—Utilities Department Central File File America's Gateway to the Gulfstream Page 407 of 1256 z AGREEMENT FOR PROFESSIONAL SURVEY AND MAPPING SERVICES THIS is CITY of referred6o I �p and � into INC. Boynton� � r i r t ;� WANTMAN / I , i r r r x ! ! ti t i benefits. terms, and conditions specified.hereinafter pursuant to Section287,065, Florida Statutes, the CITY Boynton Beach solicited proposals for a non-exclusive to perform Professional serviceslth an surveying firmr required services, WHEREAS, THE CITY issued a Request for SURVEYAND Qualificationsr PROFESSIONAL MAPPING 067-2821-181TP, and WHEREAS, RFQ No. 087-2821-16frP definedi ng fisift Of Pmf9ssibnalMapping Firms licensed surveyingPerform a v8dety of r &a City on an 'as needed basf individual tordersrates.ased on negotiated WHEREAS, the CITY determined that CONSULTANT qualifiedwas r appointmentthe scope of services set forth in the Request for Qualifications; and the CITY CommissionJanuary 17, 2017, determined that CONSULTANTS were qualified for appointment to performthe scope of services forth in !` ! i WHEREAS, the CITY 9 through her administrativesuccessfully negotiated an Agret with CONSULTANTdefining conditions for the consultingperformance of ing services withinthe scope of the Request for Qualifications. NOW, THEREFORE, in consideration of the Mutual covenants expressed herein, partiesthe li ARTICLE -VICES --- CONSULTANT agrees to perform Professional Surveying Services individualt the r duringf i including provision i tmaterials, equipment Agreement, ti Page 408 of 1256 The CITY's Representative during the performance of this Contract shall be Tara fn Pratt Contract Coordinator teIephone (561) 742-W7- ARTICLE 2 - TERM The contract term is three years — APRIL 1, 2017 through MARCH 31, 2020 with the same terms, conditions and negotiated rates for the three year term. The contract may be renewed for two additional one-year terms with the same tenns and conditions. The CONSULTANT(S)shall be available to commence services APRIL 1,2017. ARTICLE 3 -TIME OF PERFf%nR,9-&11 Work under this Contract shall commence upon the giving of written notice by the CITY to the CONSULTANT by way of an executed task order. CONSULTANT shall perform all services and provide all work product required pursuant to this Agreement and the specific task order, unless an extension of time is granted in writing by the CITY. ARTICLE 4 -EAYMENT The CONSULTANT shall be paid by the CITY for completed work and for services rendered under this agreement as follows: a. Payment for the work provided by CONSULTANT shall be made as provided on ExhibitA! attached hereto. b. The CONSULTANT may submit vouchers to the CITY once per month during the progress of the Work for partial payment for project completed to date. Such vouchers will be' chocked by the CfTY, and upon approval thereof, payment will be made to the CONSULTANT in the amount approved. c. Final payment of any balance due the CONSULTANT of the total contract price earned will be made promptly upon its as' certainment and verification by the CITY after the completion of the Work under this Agreement and its acceptance by the CITY. d. Payment as provided in this section shall be full compensation for work performed, services rendered and for all materials, supplies, equipment and incidentals necessary to complete the work. 2 Page 409 of 1256 ARTICLE 5 -QWNERSHip AND USE OF DOC UMEfT4 All documents, drawings, specifications and other materials produced by the CONSULTANT in connection with the services rendered under this agreement shall be the prop" of the CITY whether the project for which they are made is executed or not, The CONSULTANT shall be perrnitted to retain copies, including reproducible copies, of drawings and specifications for information, reference and use in connection with CONSULTANrs endeavors. Any use of the documents for purposes other than as originally intended by this Agreement, without the VWitten consent of CONSULTANT, shall be at the CITY's sale risk. ,ART,ICLE 6 .EQNDfNQ �3 This Agreement shall remain in full force and effect only as long as the expenditures provided in the Agreement have been appropriated by the CITY in the annuaI budget for each fiscal year of this Agreement and is subject to termination based on lack of funding. ARTICLE 7 - T1 Tt CONSULTANT represents and warrants to the CITY that it is competent to engage in the scope of services contemplated under this Agreement and that it will retain and assign qualified professionals to all assigned projects during the term of this Agreement. CONSULTANT's services shall meet a standard of care for professional surveying and mapping and related services equal to or exceeding the standard of care for surveying professionals practicing under similar conditions. In submitting its response to the RFQ, CONSULTANT her, represented to CITY that certain individuals empJ oyed by CONSULTANT shall provide' services to CITY pursuant to this Agreement. CITY has relied upon such representations. Therefore, CONSULTANT shall not change the designated Project Manager for any project without the advance written approval of the CITY, which consent may be withheld in the sole and absolute discretion of the CITY. ARTICLE 8 -20rqpL.1ANqLW1Tjj LAWS CONSULTANT shall, in performing the services contemplated by this service Agreement, faithfully observe and comply with all federal, state and focal laws, ordinances lati and reguons that are applicable to the services to be rendered under this Agreement. ARTICLE 9 �IMDEMNIFIcATION CONSULTANT shall indemnify, defend and hold harmless the CITY, Its r , , from and against any and alllaims, losses or liabilityoany portion thereof, including aftorney fees and cotts, arising from injury or death to persons, including injuries, sickness, disease or death to CONSULTANT's own 3 Page 410 of 1256 empI oyees, or damage to prop"occasioned by a negligent act, omission or failure of the CONSULTANT, Neither Party to this Agreement shall be liable to any third party claiming directly or through the other respective party, for any special, incidental, indirect or consequential damages of any kind, including but n0t limited to lost Profits or use that my result from this Agreement or out of the services or goods furnished hereunder. ARTICLE 10 -LINSURANCE 10.1 During . the performance of the services under this Contract, CONSULTANT shall maintain the following insurance policies, and provide originals or certified copies Of all policies, and shall be 'written by an insurance company authorized to do business in Florida. 10.1,1 Worker's Compensation Insurance: The CONSULTANT 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 Employees- Liability with limits meeting all applicable state and federal laws. This coverage must extend to any sub- CONSULTANT that does not have their own Worker's Compensation and Employer's Liability Insurance. The policy must contain a waiver of subrQgation in favor of the CITY of Boynton Beach, executed by the insurance company. 10.1.2 Comprehensive General Liability: The CONSULTANT 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 Promises and Operations; Independent Contractors, Products Completed Operations and Contractual Liability with specific reference of Article 7, "Indemnification" of this Agreement. This policy shall provide covemge for death, personal injury or property damage that could arise directly or indirectly from the performance of this Agreement. CONSULTANT shall maintain a minimum coverage of $1,o0o,o0o pdr occurrence and $1,000,000 aggregate for personal injury/ and ® per occurrence/aggregate for property damage. The generaI liability insurance shall include the CITY as an additional insured and shall include a provision prohibiting cancellation of the Policy upon thirty(30) days prior written notice to the CITY. 10.1.3 Business Automobile Liability: The CONSULTANT shall procure and maintain, for the life of this Contract, Business Automobile Liability Insurance. The CONSULTANT shall maintain a minimum amount of $1,000,000 combined single limit for bodily injury and property damage liability to protect the CONSULTANT from claims 4 Page 411 of 1256 for damage for bodily and personal injury, including death, as well as from claims for property damage, which may arise from the ownership, use of maintenance of owned and non-owned automobile, included rented automobiles, whether such operations be by the CONSULTANT or by anyone directly or Indirectly employed by the CONSULTANT. 10.1.4 Professional Liability (Errors and Omissions) Insurance: The CONSULTANT shall intain for the Iffe of this Contract in the minimurn amount of$1,000,000 per occurrence. 102 It shall be the responsibility of the CONSULTANT to ensure that all sub- contractors comply with the same insurance requirements referenced above. 10.3 In the judgment of the CITY, prevailing conditions warrant the provision by the CONSULTANT of additional liability insurance coverage or coverage which is different in kind, the CITY reserves the right to require the provision by CONSULTANT 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 CONSULTANT fail or refuse to satisfy the requirement of changed coverage within the thirty (30) days following the CITYs written notice, the CITY, at its sole option, may terminate the Contract upon wMen notice to the CONSULTANT, said termination taking effect on the date that the required change in policy coverage would otherwise take effect. 10A CONSULTANT shall, for a period of two (2) years following the termination of the Agreement, maintain a Otail coverage" in an amount equal to that described above ibr Comprehensive Liability Insurance on a claims-made policy only ARTICLE I I - INDEPENDENT CONTRACTOR 11.1 The CONSULTANT and the CITY agree that the CONSULTANT is an independent CONSULTANT with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither CONSULTANT nor any employee of CONSULTANT shall be entitled to any benefits accorded CITY employees by virtue of the services provided under this Agreement. The CITY shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to CONSULTANT, or any employee of CONSULTANT Page 412 of 1256 11.2 CONSULTANT acknowledges and understands ® as an independent CONSULTANT pursuant to this Agreement, CONSULTANT shall comply wIt h Chapter 119, Florida Statutes, as amended (Public Records). CONSULTANT's obligation includes, but is not limited to CONSULTANrs obligation to preserve public records and make public records available to thI rd parties in addition to the CITY. ARTICLE 12 -COVENANT AGAINST CONTINGENT' The CONSULTANT warrants that he has not employed or retained any company or person, other than a bona ride employee working solely for the CONSULTANT, to solicit or secure this Agreement, and that he has not paid or agreed to pay any company or person, other than a bona ride employee working solely for the CONSULTANT, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent iolupon or resulting from the award or making oft i Agreement, For breach or vation of this warranty, the CITY shag have the right to annul this Agreement without liability or, in Its discretion to deduct from the contract price or consideration, or otherwise recover, the fullamount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. ARTICLE 13—TRUTH-114-NEGOTIATION CERTIM 13A Execution of this Agreement by the CONSULTANT shall act as' the execution of a truth-in-negotiation Certificate certifying that the wage rates and costs used to determine the compensation provided for in this Agreement is accurate, complete, and current as of the date of the 'Agreement and no higher than those charged the CONSULTANTs most favored customer for the same or substantially similar service. 13.2 The said rates and cost shall be adjusted to exclude any significant sums shouI d the CITY determine that the rates and costs were increased due to Inaccurate, incomplete, or non-current wage rates or due to Inaccurate representations of fees paid to outside CONSULTANT& The CITY shall exercise Its rights under this "Certificate" within one (1) year following t® AR71CLE 14 -R�JSUR KlhLAEjON� p� ROHIBITEp The CONSULTANT, With regard to the work performed by it under this Agreement, vd1l not discriminate on the grounds of race, color, national origin, religion, creed, age, sex or the presence of any physical or sensory handicap Int selection and retention of employees or procurement of materials or supplies. 6 Page 413 of 1256 ARTICLE 16 -&8AJQNMEN-( The CONSULTANT shall not sublet or assign any of the services covered by this Agreement without the express written consent of the CITy ARTICLE 16 -NON-WAIVER A waiver by either CITY or CONSULTANT of any breach Of this Agreement shall not be binding upon the waiving party unless such waiver is in writing. In the event of a written waiver, such a waiveF shall not affect the waiving p-arty's rights with respect to any other or further breach. The making or acceptance of a payment by elther party with knowledge of the existence of a default or breach shall not operate or be construed to operate as a waiver of any subsequent defbult or breach. ARTICLE 17—LEIRM JNATIOlq 17.1 Le minati or C nv_nlenF:p This Agreement may be terminated by the on f—_0 L Cl for c , u n to inating on�em nce upon ten (10) days of written notice by the 0 t oth r CONSULT pa t he her party for such termination in which event the ANT 8 all e Dald 1 h b paid its Compensation for services performed to termination date, including services reasonably related to termination.' in the event that the CONSULTANT abandons the Agreement or causes it to be terrninated, CONSULTANT shall Indemnify the CITY against loss pertaining to this termination. 17.2 ermination ffir Qpfiaylf- In addition to all other remedies available to the CITY, this Agreement shall be subject to cancellation by the CITY for ® should the CONSULTANT neglect or fall to perform or observe any of the terms, provisions, conditions, or requirements herein contained, if such neglect or failure continue for a period of thirty (30) days after receipt by CONSULTANT of written notice of such neglect or failure. ARTICLE IS -2LSPUTES Any dispute arising out of the terms or Conditions of this Agreement shall be adjudicated within the courts of Florida. Further, thiit be construed under Florida Law. ARTICLE 19— UNCONTRO LA BLJ-:,_E!2M:g, 19.1 Neither the CITY nor CONSULTANT shall be considered to be in default of this Agreement if delays in or failure of performance shall be due to Uncontrollable Forces, the effect of which, by the exercise of reasonable diligence, the non-performing party could not avoid. The term "Uncontrollable Forces" shall mean any event which results in the prevention or delay of performance by a party of its obligations under this 7 Page 414 of 1256 Agreement and which is beyond the reasonable control of the non- performing ® It includes, but is not limited to fire, flood, earthquakes, storms, lightning, epidemic, war, dot. civil disturbance, sabotage, and govemmental actions. 19.2 Neither party shall, however, be excused from performance if non- performance is due to forces which are preventable, removable, or remediable, and which the non-pe' ribrming party could have, with the exercise of reasonable diligence, prevented, removed, or remedied with reasonable dispatch. The non-performing party shall, within a reasonable time of being prevented or delayed from perfor rmince by an uncontroll-able force, ive written notice to the other party desciribing the circumstances and uncontrollable forces preventing continued pedormance of the obligations of this Agreement. ARTICLE 20 -NQIIM Notices to the CITY of Boynton Beach shall be sent to the following address NCIIY of Boynton ",ft-ph Aftn: Lori Lzalfarrickram f" M 100 E. Bo ton Beach Blvd. Bo nton Beach, FL 33435 W Notices to CONSULTANT shall be sent to the following address: ! ' ' , d ' up ........ . .. ........... Vanli,2n G Vst 20'5 a Pa P I a! W e Beach, FL4 1 , tj ailic L�A k ARTICLE 21 - INTE(x-RATED AGREEMENT This Agreement, together with the RFQ/RFP and any addenda and/or attachments, represents the entire and integrated agreement between the CITY and the CONSULTANT and supersedes all prior negotiations, representations, or agreements written or oral. This Agreement may be amended only by written instrument signed by both CITY and CONSULTANT Page 415 of 1256 ARTICLE 22 -§OVEREI., _C7N IMMUNITy 22.1 CITY is a Political subdivision of the State of Florida and enjoys sovereign immunity. Nothing in the Agreement is intended, nor shall be construed or interpreted, to waive or modify the Immunities and limitations on liability provided for in Section 768.28, Florida Statute, as may be emended from time to time, or any successor statute thereof. To the contrary, all terms. and provisions contained in the Agreement, or any disagreement or dispute concerning it, shall be construed or resolved so as to Insure CITY of the limitation from liability provided to any successor statute thereof, To the contrary, all terms and provision contained in the Agreement, or any disagreement or dispute concerning R, shall be constnied or resolved so as to insure CTTY of the limitation from liability provided to the ftte,s subdivisions by state law. 22.2 In connection with any Iftigation or other proceeding arising out of the Agreement, the prevailing party shall be entitled to recover its own costs and attorney fees through and including any appeals and any post- judgment Proceedings. CIlYs liability for costs and attorrmys fees, however, shall not alter or waive CITY's entitlement to sovereign immunity, or extend CITYs liability beyond the limits established in Section 768.28, Florida Statutes, as amended, 1. Claims, disputes or other matters in question between the parties to this Agreement arising out of or relating to this Agreement shall be in a court of law. The C17Y does not consent to mediation or arbitration for any matter connected to this Agreement, 2. The parties agree that any action arising Out of this Agreement shall take place in Palm Beach County, Florida. THE REMAINDER OF THIS PAGE IS LEFT INTENTIONALLY BLANK 9 Page 416 of 1256 WHEREOF,IN WITNESS the partiesr iContract In i t copies, each of whichil be consideredri i C on the following dat DATED this .EM., day o' .a....�.a... a. :. . �.......... 7 �a..... a....M� BEACH:CITY OF BOYNTON T: 'a� I �w Qj)� Loi LaVerflere, City Manager Attest/Authenticated: e iti u. (Corporate Seal) , JU yi c '. A0proved as to rr Jars A. Cher f Attorneyt 10 Page 417 of 1256 EXHIBIT 'A' CONSULTANT'S RATES Page 418 of 1256 1 Page 419 of 1256 EXHIBIT W WGI—Waman Group, Inc. Consultant's Rates Classification Hourly Rates: Employees -identified PmjeCt Diredor(Principal) $190.00 Robin Petzold Client Sece Manager NIA NIA Pmject Manager $I.40.00 Patrick Meeds Senior Professional $156-00 Surveyarlmapper Samuel Hall Prolbaslonal Surveyor/Mapper $125.00 Eric mafthaws Survey Technician Jason Alvarez ® Marc Stotler Brian Shea Senior Field Representative (Professional) NIA WA Survey Crew 0 Man) NIA N/A Survey Crew(2 Men) $130.00 Survey Crew(3 Marl) $160.00 12 Page 420 of 1256 EXHISIT 'A' WGI 7 Wantman Group, Inc. Consultant's Rates Clasalficatio, n Hourly Rates Employees Identified GIS Spedaffat $10UO Kaleigh Nabb CADD Technician $85.00 Michael Gregory Gareth Santos I Man Scanner/Laser Survey Crew NIA N/A Laser Survey Crew $200.00 GPS Equipment Aerial Phatogrammeby $140.00 Eric Andeffn Computar System Analysis Instrumentation and Control Services NIA N/A Data Acquisition and Control Services Dir8d Costs—Mark-up % Office, Reproducdon, MalUng, eta, °!o NIA N 10 Direct Cost—Mark up% Sub-consultants 0% NIA 13 Page 421 of 1256 EXHIBIT 'A' Brown &Phillips, Inc. f i Group, Inm Consultant's Sub-Contractor's classffication .............. ........m.. ..... Project Director( ) WA I _.-._–--------- . ------------ -----.---- - - �. Client Servirm, Manager er WA.,m�m�m�m�m�m-m�.�m�.�m�.��m�m�m�m�m�m--- _ .mMm....�...... ........ � wmmmmmmmmm_.� Project r T i1 ---------------------------.._. _______- �m Senior Professional I Surveyor/MapperN/A NIA —_ - ---®®®®®®®®®®®- --wmmm_ma.n --------------- Professional John E. Phillips, iii, PLS i Surveyor/Mapper $130.00 Anthony Brown, PLS Survey Technician Senior Field Representative (Professional) NIA A Survey Crew 1 a iWA N ...........T__ Sur�ey Crew(2 Men) $120.100Survey Oew(3 s i ) $150.00 1 Page 422 of 1256 EXHIBIT Whidden Surveying &Mapping, Inc.br WGI—Wantman Group, Inc. Consuftant.'s Sub-Contractoes Rates Classification Hourly Rates Employees Identl ed Ho, Project Director 7(Pnincipal) NIA NIA FUrient Service Manager NIA N/A 1c Project Manager N,IA WA Senior Professional $145.00 Tom Whidden Surveyor/Mapper John Smith Chris Undstedt Professional Tom Whidden SurveyodMapper $120-00 John Smith Chris Undstedt Survey Technician $85.00 Cheryl Montegeaudo Senior Field Representailve (Professional) NIA N/A ----T- Survey Crew(I Man) N/A NIA Brad Comelius. Survey Crew(2 Men) $130.00 Dan Wright Brad Cornelius,JR Jeff Rynearson Brad Comellus Dan Wright Survey Crew(3 Men) Brad Comellus, JR $1ii 58.00 Jeff Rynearson Nathan Cox Dubbs is Page 423 of 1256 EXHIBIT'A' WhIdden Surveying & Mapping, Inc.fbr.WGI—Wantman Group, Inc. Consultant's Sub-Contractor's Rates ClaSsification Hourly Rates EMPIOYOGS Identified GIS Spedallst $91-00 Chiistina Lilly CADD Technician $85.00 Cheryl Montegeaudo I Man Scanner/Laser Survey Crew N/A John Smith Laser Survey Crew $220.00 N/A GPS Equipment Aerial Photogrammetry WA N/A Computer System Analysis N/A N/A instrumentation and Control sewices N/A NZA Data AcAulsition and Control Se Direct Costs—Mark-up% Office, Reproduction, 10% N/A Mailing, etc. Direct Cost Sub-consuftnts 0% Grou' nd Hound 16 Page 424 of 1256 CIFOrM.25411 WANTGROU ACORD. CERTIFICATE OF LIABILITY INSURANCE � y THIS CE F1 13 312712017 AFS AS THE CEFMFICATE N OLDE&TH16 ),AUTHONZED IMPOIRTANT,'ffa hog r- � q ir� klsftbnmffleato thisverfificate does not corder dghts to In lieu , Grayling r 378Q Mairaolld,Sufte 970 � ._ P m VaHey Forp InsurantoCo- 20508 Wantamn Group,Jnc0" 35289 2033 Visfa Parkway „ r20494 RMWAR 1"37 �a _. TM EXCWSMNS I I , THE WSJ r :@ S ��D � r e � F I .. LIQ � £ "E Cr NUMBER .0 LIMrre CLAM954ME OX occm walls Memel 0=40NCE $1000 00 ED 4100000 - 1:--- 160 FXP a rm .99 ARA PMUMNAL&AVVIKARY umLrN 6042094275 �. AUT AUTOS BP3 016 ORK81201 000 009 DEB N AM W&LOTEW UAsam 60a99422 WNZ 9/1W2016 _ OTHI E� " OIC# . . D. dwafft SSE-CA bow . . - T S1,00000 yrs 2016 WIM81 Par Claim P Agsresate $2,000.000 DW l i. . ow p 1% CftY of Boynton Beach Fs named as an AddWonal Insured on the above raftrenced liability policies Wfth the 8=810on of workers ti Vl flabUfty�where requlmd by wrKtan Contract. I I .� HF NCMCE WLL BE DELhOtED I 10 CE ff" THE POLICY PROV=NL PO Box 310 Lynton ftach,FL -0310 ACORD 1 "ION.All jig a Mp ORS nanm and fto am regl Page 425 of 1256 u TRANSAlfffAL LETTER VIA- . UPS _Documents ® W Ullm W. Howard DATE- arch 2 ,20:x.7 Assistant City City of Boynton Beach 100 H Boynton Beach Blvd. Boynton Beadl,PL 33425 PROJECT NAME: Professional SurveyServices PROJECT NQ RFQ#067-2821-16/1? WGI Q SUBJECT: A for Professional n : Se � ,e THEISE ARE TRANSMTMD- As Requested 3/28/17 ffi CONE S TO: Wantman Group,Inc. 2035 Vista Parkway West Palm Bead,),FL 33411 Phone.-561.687.2220 Fax.561,687.1110 ® Boynton FILE. WWW.wantmangroup.com t istrative Asgstant Page 426 of 1256 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 3301 Quantum Blvd. Suite 101 P.O #: 190729 P.O. BOX 310 DAT. 01/29/19 BOYNTON EACH, FLORIDA 33425-0310 VENDOR 8082 SHIP TO: TO: POWER PLUS MARINE INC. City of Boynton each 510 BUNKER ROAD PUBLIC WORKS DEPARTMENT WEST PALM BEACH, FL 33405 222 N.E. 9TH AVENUE BOYNTON BEACH, FL 33435 ' 11 C REQUISITION NCie 73014 ORDERING DEPARTM1 ENT FLEET/BD/SKB DATE NEEDED: BID NO- COMMISSION APPROVED� EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST 1 15141 . 00 DL MERCURY 2019 300 XL 1. 0000 15141. 00 2 15450 . 00 DL MERCURY 2019 3.0.OXL .... 1.0000 15450 . 00 1.0000 3019.37 DL OPTIONAL 3019.37 3 PME#T' 4 8800 . 00-DL TOTAL: :TRAl?4. ..-.TIZ.AL140 1.0000 8800. 00- REPLACE � EPt CE TWO BOAZ.ENGINE8 :ON UNIT 8 -ss . . . . . . . . . . . . . OTAL- 24810.37 PROCUREMENT SERVI��ES ACCOUNT NO. PROJECT 501-2516-519.64-33 ------ ----- ------ PURCHASING Page 427 of 1256 cn ON i I I cc FA L C; 171 C; 0 H1 d+ 0 H UIA I �"I LO V C) M co wzz M M M w 14, Z H H 1 rl -1 N �*l 04 m.4 94 M E-q I W FA IM 100,I Z0340�4 I OcDko QCDC, N C) r- U3 1 0 O M 0 M 14 L) D10 1 1 1 O O 0 C;) a, z H rl) 1 H 0 Lh O C; I H I � Ln 'A O 1-1 I 1 0 W I li NP 0 DD OD Ci I Ln U) (n 00 144 (n ul 1YI CD H I N Q 0 HHa B coo I z HM 1 0 O 0 C) 000 0 0 z ro) croo c Ej 0 moo In P4 0 0 X r-- I H H a1 H E-4 P O 1p L6 O 0 w W H HMV E4 z M 00 0 r-I H F-I '114 CD N 14 NNM I P 0I ul H W H ul M1 D4 H 0 1 ra A Fl A 1 0 40 U z 00O I A Q A A 1 Q 1 FA p Z 1 F4 PD Opd 1 14 O0 0 r- > 0 Z C4 F-i fX r. E- P, E-4 E4 H C! H E-i I r-i 0 01 C) W 94 Min r-i a E-4 H u : li 10 0 Go I u t3 Pi I Ln Ln M ca E� (Y P4 H 14 MN i z Q14 u E-1 0 H Z 0 ra z Z z z E4 P4 M IX CO H N 134 D4 N H H H H am am am ON MOMM fx U3 W Mm ul N ril W Wu m U W u 1U U UH UH UH UH H> �� rx P4 PA>4 N�DA 14 w 0>4 w d>X FA cn 0 mw W0 140 WW WWW W's M's M's lb 1 HpqU HUHU HU M U3 0 0 COD 0 co En on Ul P4 1 tDP4 MCOO Q 04134 W C4 0 OH MMOO 0 8H UGH Owc�O H MOM r) P H I FiafRm raz o Z w z w z Ia Paz OUHH OUH WUH UH Dl 04 I CD M E-4 0 YJ I MH HUMpHA H I o1 671 a1 a1 Zzpz Z -.0 Z 0 0:�q Q N4 W 0 M O�Hn M>in 'Hn w w w NpoZ UUW NPO �E40 PR >4HEHMZ n HE HE 2H 04 0 H 0 EMN[X D'M BE POM20 E� 0 �00E-Ip4gHo I UH rA H �l ce rjwHM Hu 0 L) ro U : 8 E M U E E Pau 08NMO H H 0 ca M, S 94M PM M �3 p M I W u Ul N M wl x1-3 mum mum ou CY Q I Z 0 E-1 W P4 134 H I 04 R �% : N M Z,4 N ;4 z Page 428 of 1256 Date, COX 7"Y OF BOYNTON BEA CH $10 000 AL 1117/2019 Requesting Department: Public Works Contact Pemon: i11 ReplaceExplanation for Purchase: is it 8300 per vehicle replacement lan. Three quotes obtained. Recommended Vendor Power Pluse Marine lir 1 Source for Purchase (check and attach backup materli-I Three Written Quo tions GSA State Contract T SNAPS Sole Source Piggy-Back Budgeted Item Emergency Purchase Other Contract r. NOTE: Pricing proposal for purchase must be presented in the same detail contained within the contract. Fund Source for Purchase: 501-2516-519.64-33 Approvals: Department Head Date Purchasing Agent Date Asst City Manager Date City Manager Date -- Form e ° d 02901102 Page 429 of 1256 W%BOA7RM 510 BUNKERROAD WEST PALM BEACH, FLOC., , 33405-TEL I SOLD TO Is DATE A P67i(SP I-; ADDRESS SALESMAN SUBJECT TO THE TERMS AND C tTIT1DNS SfAfigri ON BdTft1DES OF HISA REEI ENT SELLER AGREES TO SELL O THE PURCHAS ER AGREES TO PURCHASE THE FOLLOWING .DES ED PROPERTY. MAKE OF BOAT YEAR MODEL&SITE SERIAL NO. ONEW DUB MA O R L&S E SEMI NO. E OE Yr UTA €ITR sift SERIAL NO. EW eyi M17 CYL OE MAKE OF TRAILER YEM MODEL SIZE SERIAL NO. UNEW I O3SED I OPTIONAL EQUIPMENT AN ACCESSORIES, TOTAL PURCHASE ABOVE OPTIONAL E UIR ENT I UB-TOTAL g S ES T If Not Included E low) E FILING FEES a CASH PRICE � k � 4 E®IN ALLOWANCES E iF OAT � kmd 1 MOTOR TMILER TTRADE-IN ALLOWANCE LESS L DILE ON ABOVE MET ALLOWANCE A,SH DOWN PAYMENT LESS TOTAL CREDITS A . T (If Not IncludedAbove) 1 I_ UNPAID BAL OF CASH SALE PR C Title to the above described equipment shall be s transferred to Buyer when Buyer has made payment in full for the equipment. � The parties to this Agreement are aware that the trad i in allowance or the purchase price shown above may require adjustment pursuant to the provisions OPTIONAL EQUIPMENT IPMEI T AR IED FORWARD LI perp ph , 6, 7,and 11 of the Terms and Conditionsi 1 WHEN THIS BOX IS CHECKED, THE UNIT WHICH IS THE SUBJECT OF THIS n the reverse side of this document, � CONTRACT I EIN SOLO ON AN"AS IS"BASIS.THE ENTIRE RISK AS TO THE Buver cerfifies that heahe has read the Terms and Conditions an the back QUALITY AND PERFORMANCE OHIE UNIT 15 WITH THE PURCHASER. of ss anent an s thelfhea shall iQt r[$r�r tad rt 4r tEs DESCRIPTION F TRADE-IN rnent, - - - Buyer certifies the€ill ng: 1)halshe is of legpi age to enter into this C1 (Make) YR. SME SIN agreement;2nheabove de ibedequipmentandinsurance(!(applicable)have I been purchased voluntarily, 3) the tradeein is free from all liens and � Yly. SIV encumbrances other than th e loted herein, Buyer agrees that all provisions to this Agreement(inducting the Terraas and T YR. SN Conditions ark the reverse side he l are severable.If any provision is held if, be invalid,it shall not affect the other provisions,which shall be given full force, I A T.OWING and effecL TR TOR I3 I} LER 11ET PER I,oRVYE,FIEREEYACKNOWLEDGE REEIPT OF A COPY OF THIS ORDERAND THAT I,OR E NAVE RBAD THE RACK OF THIS AGREEMENT. 1,ORWE, SO AGREE THAT THE BALANCE WILL BE PAID BY O CASH,O BANK DRAFT,O CERTIFIED CHECK,,OR BY THE DEALER EXECUTION OF A O RETAIL INSTALLMENT CONTRACT,OR A SECURITY AGREEMENT k uk IQ mass ignad d pied an ice AND ITS ACCEPTANCE BY A FINANciNG AGENCY. SIGNED X PURCHASER I'tSINED X PURCHASER S�; me fffirancing by bank or finance ny. �� Page 430 of 1256 Supreme Maxine, Inc. Estimate 2981 Ravenswood Road Date EsUmate# Fort Lauderdale, FL 33312 121612018 662 Office: (954) 797-1818 Fax: (954) 797-1817 Name I Addrees Police Department City of Boynton Beach 100 E.Boynton Beach Blvd. P0Hox310 Boynton Beach,FL 33435 Boat Make&Size Type Engine ®Contender 300HP Verado Description Qty cost Total We currently have(1) it of 300 Vorado enginm brand new and available for purchase.Note that Mercury has discontinued the 300 Vcmdo engine and these units am no longer in production.We are providing a quote for these in stock engines now but them is no guarantee that they VAII be available toy in the near future. XL 300 Verado Engine tp S,�o 1 16,500.00 16,500-00 CXL 300' Engine C5 C 1 16,861 A 16,861.00 XL 350 Vorado Engine 06 1 17,865.00 17,865.00 CXL 350 Verado Engine 1 19,171.00 19,171.00 Remove 300 Vaado Engines and Install New Engines, Program Engines and Run Hose for Proper 4,000.00 4,000.00 Operation Trade-in(2)300 Verado Engines -I -12,000.00 -12,000.00 Supreme rine Inc,is not responsible for loss or damage to equipment in cue of fire,the%or I­2_)'aC='5Z S,3%a %-S any other cam beyond our control. Customer authorizes Supreme Marine Inc.and/or it's SUbtotal 0" 1 k. employees to perform the above repair wmk along with any necessary materials ne.eded to J) 350 S=2.e B b'c�b - compI ete repaim Based on changes made in the scope of work either by the customer and/or by discovejy of additional items that need repaim can alter this estimate. In order for work to commenceestimate must be signed and returned to Supreme Marine with a deposit Sales Tax (0.0%) $0.00 3 7 days aft completion oflob,each boat will be charged$100 per day storage too until boat is (.2 removed from premises. AW returned parts me subject to a 25%restocking fee. No returns on Total OC special orders. No rdnms after 30 day& A late payment charge of 154* per month will be � as 1616, added to all post due invoices. In case of default of payment,customer agrees to pay all costs of collection. Signed-.— Patu:_ Page 431 of 1256 1116 8 Dixie HWY Lantana, FL 33462 561-880-0401 CUSTOMER Name: Boynton Beach Police Department ESTIMATE NUMBER 536524 Address ESTIMATE DATE January 11, 2019 City, State, ZIP OUR ORDER NO. 726278 YOUR ORDER NO. 1892727 2015 32 Contender Labor rate: 11 r r Sales Tax Rate: 7.00% DESCFJPT10N UNITR C T Mercury 300 Verados, reprogram and bleed steedrig,test run 42hrs 4,620.00 300XL Verado 17,200.00 17,200.00 300 XL Verado 17,825.00 17,825.00 Trade in allowance in 300 Verado (7,500.00) SUBTOTAL 32,145.00 TAX FREIGHT 32,145.00 DIRECTLL INQUIRIES TO: MAKE ALL CHECKS PAYABLE TO: PAY THIS Alex Nomer Tight Lines Marine AMOUNT 561-880-0401 Attn:Accounts Receivable email:fightlinesmarinell ail.co 1116 S Dixie Hwy Lantana, FL 33462 THANK r Page 432 of 1256 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 3301 Quantum Blvd. Suite 101 P.O. BOX 310 P.O. : 190745 BOYNTON BEACH, FLORIDA 33425-0310 DATE: 01/31/19 VENDOR 2972 SHIP TO: TO: TRIDENT SURFACING INC. City of Boynton Beach 5399 N.W. 161ST STREET PUBLIC WORKS DEPARTMENT MIAMI, FL 33014 222 N.E. 9TH AVENUE BOYNTON BEACH, FL 33435 REQUISITION NO. 73061 ORDERING DEPARTMENT: GM/JL Ve *f DATENEEDED: 810 NO: COMMISSION APPROVED: EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST 1 11648 . 00 SFT DRUM SAND W/ WATER-BASED 1.0500 12230.40 SEALER/FINISH 2 1.00 DL CENTER LOGO,.,. 500 .0000 500. 00 3 728 . 00 SFT PAINT SOLIDORDER�/F� ( :. 1.0000 728. 00 BORDEN. 4 2535.00 LFT P .. " ,LINE$ .; : .6000 1521. 00 1318 . 00 SFT DMW XISTLNG �t6okING ,,0000 1318. 00 6 1318. 00 PLE 000 .. 3954. 00 7 1318. 00 SF;' I '`ALL NEW FLOORING SY,'STVM � 5000 1977. 00 g YPack" of.,` of; RId:from C�?��ge :County 8 ITS131zo3..: Ekclusiona. and Clarifficat:ions: 1 -.ease a11.ow ' :days of cure.: gime af�er ik:' allot or � `:.complete. A1.1 work-:f.o b performed .in one p .j�e dur.in.g egialar: wot ci.ng hdiurs.. ath :floors may Will. look .like a ojdlc ':;and texture to: b 3:elEcted b W'.owrn r...from standard (charts: p` x t-O t; €� axrd final: cleanirst�:;by . othe -Remo a2d relns- lla ion of existirim be; hers not incudeel. -New floors''�r211,:fo1l:xw tie contour of 'the . existing floors, -Moisture content of concrete slab must meet manufactur ' s recommendations of PROCUREMENT SERVICES: At P.O. TOTAL: ACCOUNT NO. PROJECT 303-4209-572 .63-05 RP1826 PURCHASING Page 433 of 1256 PURCHASE ORDER CITY OF BOYNTON FLORIDA F PROCUREMENT VI T T 3301 Quantum Blvd. Suite 101 P.O. BOX 310 P.O, 190745 BOYNTON BEACH, FLORIDA 33425-0310 DATE: 01/31/19 VENDOR 2972 SHIP O: TO: TRIDENT SURFACING INC. City of Boynton Beach 5399 N.W. 161ST STREET PUBLIC WORKS DEPARTMENT MIAMI, FL 33014 222 N.E. 9TH AVENUE BO ON BEACH, FL 33435 REQUISITION IO, 73061 ORDER NG DEPARTMENT: GM/JL DATE NEEDEDBID NO: CO MISS5 ON APPROVED: EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST 3#/1, 000 SF using the calcium chloride test method or, ped manufactue r e recomcdaaon ':of 78!k Rh usii the Rh prof ilstx� ag nitd, -cox���etfe, .91": 8,:, � :.. . u9. ?. . E ctx�oal: power by others BCi�-1E►ium. .4-8:0 'V 3 pe <.40 ..amps REf!�ARKS. AAA KETBALL- 'COURT 9ESURFACING i' GYBACK QRANGE OUNTY 01b. ITB1312303 EXP:_; 4/23/1` PROCUREMENT SERVICEB. P.O. TOTAL; 22228 .40 ACCOUNT NO. PROJECT 303-4209-572.63-05 RP1826 PURCHASING Page 434 of 1256 CITY OF BOYNTON BEACH REQUEST FOR PURCHASE OVER $109000 Date: Requesting Department: AdM(n Contact Person: jffx—pia–;iUo' n for Purchase: ( U ml�rc Czef I aler VYT41bc�- 11 Recommended Vendor 'Source for Purchase (check and attach backup materials): Three Written Quotations GSA State Contract PRIDE SNAPS RESPECT Piggy-Back EA1 of Source Emergency Purchase Other Contract Number.- )Rwj — NOTE: pricing proposal for purchase must be presented in the same detail contained wthin the contract. Fund Source for Purchase: Roq 7 Approvals: Department Head Date ZZ Purchasing Agent Date Asst City Manager Date City Manager Date 1 Form Revised 02/01/02 Page 435 of 1256 m (A 1 H rl I 1 ev 1n W I 1 r•4 a-4 II I 1 EI Oa O F I I ® r W I 1 €35 r N 10 PI 1 I OY (n N I I fr7 H N P; 1 N P14 O ! f >Zq I 1 Ix M I 1 ✓ I r 1 I Cl m amm H I I a I I W I , G] I I I I I I I I I I 3 I 1 I 1 I 1 I 1 I F O O Q Ea I I 4 O U WO I d O O O 1 1 ri r4 1 1 m m I 04 PS I I J, a-) fk' E•1�-1 1 , z U U z toO : : O r-I H p4 O H U I 1 r-I r-I KC I ! 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Ms.Gall Mootz Re: Ezzel Hester Recreation (revised 111 ) Upon acceptance furnish and Install the follorwing at the abm bu n: Sidle ITBI312303—FloorInstallation an air Services ! — 1 watBr-based sealerffinish 11, 1. 12.230.40 I —Center L 1 Logo 00 c , Item — int Solida s(1' r) 72 F 1. F 728.00 I —Paint 2m Lines 2,535 I_ 1,521.00 I —Demo existing flooring1,318 SF @ 1. 1,318.00 1 —Install I Flooring1,31 3_ 3, 4. ! —Install lin 1,31 1. &---1-977.00 Total Price: , Exclusions I Please allow 3 days of cure time after installation is I work to be performed in one phase during regular working hours. patch floors may1willIcx*Ift a patch floor. Color and lexture to be selectedr from standardcharts. Protection and final cleaning by others. Removal and reinstallation of existingnot included. New floors will follow do contour of the wdsting ti Molslure content of concrete slab must meet rnanufacturees recommendation of 30 11,000 S.F. using ft calcium chloride test method or per manufacturer's tion of 7 using the Rh probetesting . Concrete slab must have a 1W in 10'radius tolerance Alocififtl Power by others-Minimum 4aQ V-1 _—m Only such work as is specifically designated is Included in this proposal, which supersedes all previous proposals and agreement. Unless Otherwise providedunits included in this proposal shall be of standard ske and color. Unless otherwise agreed in writing,payment in full of all sums due shall be made to Trident Surfacing, Inc. immediately upon substantial completion or delivery of the agreed services,materials andlor work covered herein. Interest at the highest lawful rate of interest per annum and collection costs,including reasonable attorney's fees,will be charged on past due accounts. t Page 438 of 1256 Pop 2 MS.Gail MODIZ TRIDENT SURFACING,INC, Ronald E.Stevens,Pr*d Manager oxv&lmlorcommuntianWWm"ks-20ISwABod101ig/18 ACCEPTANCE-This pqxmml,when acoopled and signed by you and dellvaed back to Trident Surfacing,Inc.,stwi consmute the contract beMsen us,it being understood that It covers all agreements beMwn us and that no agent,salesmenreprese Offow of efther of s or us hamade any statement agymnent, oral ior i , modifying, addng to changng the to ww conditions set bft herein. UnI&W M proposal Is accepted by you(an approved by us), it is mblect to wkhd change without notice, This order is taken subject to aftes,fires or other contin beyond our control, If,after the dab hwe4 you or your agent$want,representative or to #hall or or request Toldent cing,Inc,Inc,to flumish or parlorm any additional services or materials not Included Move,and order or requed 6 won Ed properly signed by you or your agent(s),Tddwt Surfacing,Inc.rney within a reason"a confirm to you o or request,Including the price of Me servqcss and materials, and unless you o*d to the confirmation to u In wit your objection 6 delivered to Trident Surfacing, Inc. within ton (10)days of receipt of ft cefiftmWog ycLj ch Ilion confirmation by Trident Surkcing,Inc,will be In addition to tWs proposal. The undersigned accepting party(you)honft accepts and agrees to all d pr sons stated above. Accepted n M ame and fft (please tfiw or Page 439 of 1256 a ORANGE COUNTY PUBLIC SCHOOLS Facilities Co ructlon Contracting Bid Info tion Shm d Tide. Floor Installation&Repair Services OWN.ITS1312363 Product . 72152503(Carpet Tile);72152508(Wood) Award Date.4/22lzaxa Contract flock 4123114-4/ fi7 P-Group:las BuPr Edwin Rivera x 2US041 Annual EqRandienre., s2,OOa 606.E Vendor* Vendor Cmeact Awarded Vander Phone d Call 6 Emcee 580 I7aa Re4ChiREmpire Office,I0L Prim total 407-872-3990 321-31"723 alrigehlelftlem m6noftic".—.r 759 Jose ONE 7t3 Sty ! C e6ery® 903520-5741 36-216.1754 gel^``s`<irideamtvarrerl�2,ecaaep i-239-0-7 -17- Tr4c3aard SSE& a ( 3664 e5 99631 me es�erel �aete4rro,c6ere I Finpire Offic%Inca Jim Description ROMit c 372N 1 FICORUNG RENLIENT SHEET FURNISH ONLY Sq Ft g. 5040M 2 FLOORING RESILIENT SHEET FURNISH&INSTALL Sq Ft x.25 SOR 3 FLOORING OF EXIBING RESILIENT SHEET Sq-Ft SOAR S7 4 FLOORING VINYL romposmON TILE FURNISH POLY Sq Ft $1,16 5 FLOORING VINYL COMpOSHIFSK TILE(v FURNISH&INS'T'ALL Sq Ft $1.38 5 3 6 FLOORING bEMOUT60N OF MSTING VINYL COM Sii?OFN-ITLE IVCr) Sq Ft 660 37256 7 FL TILE ADHD I-GALLOR Sra RRURSH ONLY Gal $16.65 3723B 5 FL ORMIA ADHESIVES N SIZE FURNISH ONLY Baal $54.12 37290 4 FLOOR TILE ADHESIVES—GALLON SIZE FURNISH 1Y Gal 37267 16 FLOOR CARPET PIE ADHESIVE 1—GALLON SME FURNISH ONLY Gal $41-60 37256 if FLOOR CA APETTILE ADHESIVE 3—GALLON SIZE FURNISH ONLY Gal 37.271 17. FLOOR ETTILEADHES LLONSIZE FURNISiONLY Sal $208.00 37272 13 FLOOR STAIN TREAD RUBBER FURNISH ONLY Lin Ft $22.22 SOLIDS 14 FLOOR STAIRTREAD RUBBN FURNISH&INSTALL Llae Ft $29,41 J7291 i6 FLOOR SEPIA TREAD ADHESIVE 1-GALLON WE FURNISH ONLY Gat $15"5 37174 16 FLOOR PREP FURNISH ONLY Sq Ft $1.38 505121 17 FLOOR WOOD REPAIR Sq IN $102. 13 37276 18 FLOORING RPEFTlLE SO.2X2 FURNISH ONLY Sq Yd $23.21 19 FLOORING CARPET TILE SO,2X2 FURNISH&INSTALL Sq Yd $26.75 501297 20 FLOOR FURNISH&INSTALL COVE RASE Un Ft $1 .25 561 21 FLOORING REMOVAL&DISPOSALOF EXISTING CARPET&COVE BASE Sq Yd $1.65 504034 22 FLOORSYSTEMWErADHES FREE INSTAL TION Sq Yd $2.50 29 FLOOR CARPETMOLDK46 REDUCING STRIP VINYL FURNISH AND INSTALL Lin Ft $1.45 504036 24 FLOOR ALUMINUM THRESHOLD FUNRGEI AND INSTALL Lin Ft 516.45 FLOODING HOURLY RATE PER MAN HOURTO MOVE FURNISHINGS S& 504087 25 EQUIPM Hrs $15.25 501205 26 FLOOR PREP COST AFTER ASBESTOS TEMOir woRK Sq Fx $1.3 37177 27 FLOOR PREP FURNISH ONLYSq Ft 51,37 37293 25 FLOORING NG STAIN NOSING ALUM lByUM 11f 16'X 1 i1r UP Ft 0.77 37279 29 FLOORING MOLDING STAIR NOSING ALUMINUM i 1/2"X 21/1m fitg.77 37254 30 FLOOR MOLDING CARPET BAR 5"ALUNH NUM Uea Ft $4-901 97281 32 FLOOR MOL[sING R 6AR 11/1$ALUN�9l7NLihq Lira Ft $4.40 97265 32 FLOOR M RPEfi5ArF62'ALiSiiiLli Lllaft $Re90 ___!7296 33 FLOORING EDGE GLAAR013/ll R 1/Z�ALIlhAltd43f LIaI Ft S4L90 34 Materials and Supply sant llsiecl aha (ftarrlishasP€Ball ba a SS a t) 20. Page 440 of 1256 INterm iSurfociing ---- T77 SSE iInant TrIcheSSE Allsoclates; rd oesUORN ri Pdce Unit Price Pro R n Pwedures Flooring Furnish all labor,SuPelvisian,76ols,Equipment,Materials and Supplies necesaWto provide Ggrrs Floor RAmJshind Services,Using all small 35 as"tied onr flmishp as st IfBed herein,. 5q.Ft. $0.25 $0.23 Roaring Furnish atlI lebtsr,5upervislom„ipDls,Equipmq t Pit labs alsd Supplies n *ssaa2tA pravida Nyasa r Tnlshi 5 iGat.LB tar 36 based urethane fl flepr fin° ass tNesd h ia. 5p.Ft, ,43 $0.53 Floor Oftmet sandts and re8aastat# im 3ashetba8l UesiB n c 1lney, S04120 37 usPm oil FI rflniah, Sp 8dri n. S .Ft. $0.90 $1,25 P r!!roam sanding arsd raise II leak II �Dllebell mt tiaras® 504121 3$ us0 tesbapedLlrathaaaa flrRrslsia,as hmaelaa. Ft. b1.D5 9sR sI Include ap to () rs 504122 39 Fluear taagm up to 'tag $fimrraa daclu sfi lab sP Ia raaataaJa Ea. $500.01) $10D.00 323 40 Fnr G u 4°to 12'bIa er Includes all labor&materials Ea, $560.00 $ .1)0 124 41 Floor GymLqp a to i2'to ISPlarmitar Precludes an labor&materials Ea. j7( . $ ,pp limdtads on roe sorts,ss I r to 181 Fi r Gyara eaSr�12"ieitar,a®tsas� laedu alt labga'ik etezla� 12 42 $3. FJ r 4 er i4"1 r SIJ 4anta Inclu6e3 ePl aeP mamtsriaPs 00 95-00 013 43 (art r Ea. S3. $15.00 FlroAr Le rima 16 Je aiI tan Pndsed $ r rnater:ais 295 44 ( ` et@er# Eae 5. $20..00 Floor tetterina leftr,all fonts Includes all labor&rne@erlals 295 45 price r Ea. FloorGV UdIte ad 14letterallfMdac Ia or 8k maataaie 13 46 r Ea. 15 SZO, F our 6 LeUrdnZ 26 letter,all fonts I u es labor 8k maitre iais 014 47 )price ) Ea. 515 $30 Floor 6 Locrairs;32 older,a l"Cludifta a ra erateara 51103110 48 (p' ll ) Ea. .$25.1)0 3 . 300293 49 FBoeryraa P aetSDlld aaa Dr 1 Includes all is baawile .Pt. 1. $p Flops Int r lines(Not included in Rena 3&4e)Imt}udes all 50 labor&miftertab I LF $0.60 S1. Floor Gym Paint 1"Ines(Nat Included In!tern 3&4 above)Includes all 501141 51 labasr&materials LF $0. $LOG 52 !faced page art rk iatractor latariru 5.0 5. k6bliatless of Floes 11ardsms-Adidedc Soo ria FI nem r P 125 53 i 2 Pate 14 ftod Fla m 25132'x 21/4'Fra ®DP peJxi Stl• $1.05 $1.75 bIONIONtiOn of Floor SWUmil-Atha a6 a8 to sx m 126 54 liquarins Detreamon of esiating FI a as Sq.Ft $1, 1. 00 5 127 5 FI rin Ptnel�p4d,3/#°x 11{2 S .Kt 52.9 $2 121) 5 F! Plae d,3/4'x 2 S/4 Ft 93. 2 ;'04129 57 brim dee amd,3fd"x 31/4" .Ft. $3. 6p 130 54 FE rf Piaae ADd 33!32"x 11/2' S .FI. $3,1q $3.d 504131 59 Sq.Ft, $110 $3.00 9 132 60Flawing apie 25132*a 2112" Say.Ft. $ 51) $2.20 333 61 Fiotaltrig Maple Wood,25132"x 21/'2" 5q.R. $2.60 $2.30 5tY4 62 FdoarJm Pda !e 31 "x 1392" a Ft. $3. $2. 135 63 Flooring Maple Wood,33/32"x 21 4" Sq.Pt. Sam SZ. 504336 1 FI n yak Wood 314*x 11/2' 5q.Ft, $2,70 . 504137 Ploorin Oak Wood S,314"x 2 716" 5%Ft $3.00 $2.. 131) as FIOak NBA®d,3/4"x31/4" Sq,Fe $2.00 $2.90 67 Floor GymCushioned Sias rs at 12"Centers Sq.R. 140 b1) rias 35 Install pl as ed. 5q.F@, $1.50 $2m75 141 69 Floating Laborfor Laborwork not included In spedificatwas $20.00 25. 70 Matadors and 5aa oplies not listed ab (fern shall be a abAve east 10, ige 71 trrspd not lined above(furnished shall be a a 10=1 _12-00i Page 441 of 1256 COIT ORANGE JNTY PTITBLIC SCHOOLS FACILITIES & CONSTRUCTION CONTRACTING 6501 Magic Way Bldg.101B,Orlando,Florida 32809 Telephone 7. 17. 7 Fax 407.317.3752 October 3,2018 SSE&Associates Attn:Tmcie Ward Email:hymd&seteam.com. Dear Nks. Ward;- ne contract entitled Moor Installation&Repair Services, solicitation#ITB 13123 03, is due to expire on 12111/2018. We wish to consider our option to renew the contract until 4/23/19. On one of the statement lines below, please have the Authorized Representative place his or her signature on the appropriate line. I, A".. . . 11 P I Aa"— agree to renew subject contract through 4/23/19 with all provisions remaining in full force. If you are not interested in extending this contract please complete the following statement. tilA do not agree to extend subject contract. If you are not extending,please list the reason- I Please print or type the aboved Auflunized Representative name and title in the space provided below: Trade A.Wardp Pnold" -A& V f-'?�979 Authorized Representative NamelTitle Authorized Representative Telephone Number Pleasee it to or fax this completed form to 407-3173752. It Will be interpreted that you do not wish to extend the contract If this form is not returned within seven (7) business days from the date of this correspondence. The School Board of Orange County reserves the right to re-bid all items on this bid If extensions are not received on all Items. If you have any questions, please do not hesitate to contact Catina Cummings at 407-317-3700 extension 2025245. Sincerely, Catine.Cummings,Specialist/Buyer I Facilities&Construction Contracting I Page 442 of 126 FACILITIES & CONSTRUCTION CONTRACTING 6501 Magic Way Bldg. lot R,Orlando.Florida 31809 Telephone 407.317.3700 Fax 401.3177.3752 October 3,2018 Trident Surfacing.. Inc, Attn:Jose Diaz Email:idgaridenliurfacing-gporn Deu Mr.Diaz: The contract entitled Floor Installation& Repair Services,solicitation# IT1313123033, is due to expire on 12/11/2018. We wish to consider our option to renew the contrast until 4123/19. On one of the statement lines below, please have the Authorized Representative place Ws or her signature on the appropriate line. J 0&F_ !I Or agree to extend subject contract through 4/23/19 YAth all provisions remaining in Rill force. If you are not interested in extending.this contract,please complete the following statement I- donot are to extend subject contract. ------------_­1.__.___­-------- If you are not extending,please list the-reason: ease p t or py ved uth -iedRepresentative name and title in the space provided below: 5 ZO .5-74 arized Re -esen e ame/Title Authorized Representative Telephone Number q0S6F 0-sige 'e4es 0 0 coft, Please email Cafins-Curarn! Loops.not or fax this completed foun to 401-3173752. It will be Interpreted that you do not wish teextend the contract ff this for is not returned within seven (7) business days from the date of this correspondence, The School Board of Orange County reserves the right to rd all items on this bid it extensions are not received on all Mme. If you have any questions, please do not hesitate to contact Catina Cummings at 407-317-3700 extension 2025245. Sincerely, Cefina Cummings,SpedarlstlBuyer I Facififies&Construction Contracting Page 443 of 1256 ti MEMORANDUM OPERATIONS PROCUREMENT SEWCES DATE: May 7, 2014 TO: Michael Eugene RECEIV&D Chief Operations Officer ATT- David Oakhill UAY 2014 Sr. Director Procurement Services Chief opwe"Mm 0XW 0 ratio E),,, on FROM: Roberto Pacheco ASP IZI Director, Facilities and Construction Contracting SUBJECT: Request for Signature on Contract for Floor Installation & RepairServices, IT131 312303 Contract Summary Vendor urfacing, Inc. Scope of Work To provide for installation and repair of flooring throughout the district. Contract Length April 23, 2014 through April 23, 2017 with two additional one year renewals. Contract Amount Board Approval April 22, 2014 Savings Reviewed by Legal NIA Comments Operations& Maintenance, Portable Operations, General Funds Executed by: 7 Michael A. Eugene Date Chief Operatio fficer 'Op' . _ Reviewed by: es Surgulne Date jr jr it 'or for !or Facilities Director for0�pneratlons and Mainttenance, Page 444 of 1256 Facilities & Construction Contracting 6601 is Way,Orlando,FL 32BOB Telephone:407-3174700 Fax:407-317-3786 CONTRACT AeREEM ENT FOR FLOOR INSTALLATION&REPAIR SERVICES THis EM T, made this 23rd day of April, 2014, by and between the Orange County Public Schools, a Charter School District, existing under the laws of the State of Florida, hereinafter referred to as OCPS and Trideatlknfad",Anc.hemirlafter,mijaned-to-gs,#te aCONTWTORi.-ftwlheuWW.--consideratton of the covenants heroin contained agree as follows: WITNESSETH: TERMS AND CONDITIONS I. Tenn: Upon approval by the School Board, the Agreement period shall be for 3 years, beginning on April 23, 2014 and ending an April 23, 2017. This Agreement by mutual assent of the parties may be extended for two (2) additional one(1) year periods or any portion thereof, up to a cumulative total of five years. IL The unit prices and Percentages spergled herein aabit A,Bid.NoJTBI 31 2303)wig remain firm for the-*rM of Wis Agreemaid. All temvs and condigons, addenda, correspondence and specilications '&subject bid shall be incorporated and become an integral part of this Agreement. Ill.;Yhe CONTRACTOR shall maintain adequate stock and have sufficient quantities of supplies/equipment to meet the estimated requirements of Orange County Public Schools on an gas needed"basis. IV.- Favored Nation Clause., Based on similar size and quantity, it is understood that the supplier Is providing OCPS the some or better pricing of other Districts and govemmental agencies. If during the to of this Contract, OCPS locates better pricing for the same it supplier agrees to,offer the District the reduced price. V, This Agreement may be cancelled by OCPS with 30 days written nota oe to the CONTRACTOR. V1. Jessica Lunsford Act: CONTRACTOR and any of his employees performing services hereunder shall comply with Me Jessica Lunsford Act scmaing xaguirements effiwwe September 1, 2005. Won- instructional school district employees or contractual personnel who are permitted access on school grounds when students are present, who have direct contact with students-or who have access to or control of school funds must meet level 2 screening requirements as described in s.1012. . Contractual personnel shall include any vendor, Individual or entity under contract with the school boarV IN WITNESS WHEREOF, the parties have made and executed this Agreement on the respective dates under each signature, Orange County Public Schools and CONTRACTOR, duly authorized to execute same, CONTRACTOR ITNESS(Contractor): For Contractor TNESS(C C�# L-Q atu n4 ature Firm Name n rrie rr ce ,ie(Type or Print) Name (TY Signature jtAD Page 445 of 1256 EXHIBIT f tS " m S PRICING PARAMETERS Item Description UOM Unit Prke = s�� - "�-� -` � r � .sr tom• d .� ;a 3s°> ��r t� _ r �_5 t.�¢ � pY.!"L$°E t% .{ Vg x" [`�fi �� i.5.s 'L Y,•� Y � j`!S g � S`S +�++$ ��C §~. i r-, .g ss �o.tea&t .w a„s'' � t✓.., - &. PregmtIon and Reffning Furnish all labor,Supervision,Tools,Equipment,Materials and supplies necessaryto provide Gym Floor Refinishing Services ell modified gym floor finish,as specified 35 herein. Sq.R. $0.25 provide Gym Floor Refinishing Services.Easing water based urethane gym floor finis ,as 36 specified herein. Sq.Ft. $0.43 Drum sanding d reinstall main Basketball&Volleyball coat lines,using oil modified gym 37 Floor finish,as specified herelm Sq.Ft. $0.90 Drum sanding and reinstall main Basketball&Vollevball coat lines using r based 33 1 Urethane gym floor s cifie a ire® Ft $1,05 Lage(z)Include tree(3)colors 39 a up to V toW Diameter I ncludes ala labor&materials Ea. $500.00 a r ® Is 41 Logo up to 1Z to 15'Diameter Includes all labor&labormaterials Ea® $7 rlng(include all materia a 42 Lettering 12"letter,all fonts Includes all labor&materials(prt Metter) Ea. 3. Lettering 14?' letter,all fonts Includes all labor&materials(price/letter) $3.00 44 Lettering 1 letter,all fonts Includes all labor&materials(price/letter) Eao 45 later, i Includes all-labor&maWdalsipriodfletter) a. 46 Lettering24P letter,all fonts Indudes all labor&materials(prl /le r) EL $15.00 7 Lettering 21r letter,all fonts Includes all labor&materials(price/letter) Ea. $1100 48 Lettering 32" letter,ail fonts Includes all labor&a materials(price/letter) Ea. $25.00 43 Paint lid keys and/or lanes includes all labor&materials - $1.00 o ....Palht 'lines.(Nct:Inducled.lo ltem3.&4 abs J u I labor .i s LF 51 pal J� lines(Not included In Item 3&4 above)Includes all labor&materials LP 2 Mand painted artwork subcontractor(Markup) 5® I nstallation of Hoar Systerns-Athletic Sports Flooring( r y) 53 Maple Wood Flooring,25/32u X 21/4"(now floor only) Sq.R. $1, i I on a Floor Systems-Athletic to (ftpair to matche ) option of existing oor,as specified. t $1-00 SSD Page 446 of 1256 NARYu! rr F® COU F: Th f r oin in rptss o beforethis of r�xef • �Qss ced ss v tion n o f (did not)take n oath. Notary P� public - _® Commission Number. a Expires: ° ' gig FERN q®aF Sian Z g�g .� ' 1 B 201 7 NOE COUNTY UBLIC SCHOOLS ATTE IIE COUNTY IIC SCHOOLS � For a County Public Schools: Y MichaelA. u p Chief Operations r t Date i y Surgulne 300 Page 447 of 1256 P' 5 Pini Wood Flooring,3/,r 1/2 s .Ft $2. 56 Pine Wood Flowing,3/e x 21/4" sq. t. $3.00 57 Pine Wood Floorinf,3/,r x3 P, sq,Ft 83.00 53 Pine Woad F rir 3 j3 "5c 11}2" Sq.Ft. $3610 59 Pine Wood Floorin&33/32"x 21/4" s . $3.10 Maple60 Fluting,25/32"' 11120s ,Ft. 61 Maple Wood Fluorin&25/32'x 21/3" .Ft, $2.60 62 Maple Wood FloorTnIL 33/32'x 1112" Sq.Ft $3.00 63 Maple Wood Mooring,33/32°`x 21/4" Sq.Ft. $&00 64 Oak Wood Flooring,3/ *x 11/2" sq.Ft. $2.70 65 Oak Wood Flooring,3/ r x 21/4 ,Ft, $3.00 66 Oak Wood Flooring,3/4"x 31/ 1 sq.Ft. $2e ,IC - - 67 Cushioned sleepers at Ir Centers Sq.Ft 68 Install complete FlooringSysimm,as specified, Sqq Ft. $ .50 Ag Laborfor wcA not Included in spedficaflons Far. S20.0D Latrl�ls sand Supplies rapt Ii (ftrr�ished sI€ e above cost) 1 , 71 good not listed above(furnished shall be above cosh 10 Soo Page 448 of 1256 ORUNGE COUNTYPUBLIC" SC] 001�S FACILITIES & CONSTRUCTION CONTRACTING GMI M88110 WRY Mir,101A Oflando.I%dda 32BE Mfthane 407.3173700 FM 467.317.37n October 3,2019 Empire Qfficc,Inc. Attn:Dan Ritchie Dear hft.Ritebie. The contrad entitled Floor Installation&Repair Services, solicitation#IM1312303,is due to expire on 12/11/18.We wish to consider our option to remw the contract until 4t23/19. On 9M of the stdcnient Ifim below, please hm the Audwdnd Representative place his or her tM on the line. 1. 10161 s5m to VeMMW soNect contract through 4123/19 with all provisions in fall force. If you are not intmaded in extending this contract please compIcts the following statenient. 11 do Not RgM tD Wand subject contract. If You are not odending please list 1he rason: Plow print or type do aboved Authorized Representadve nme and We in the space provided below. RqxeseMzdn Name/Title Authorized Represeftfive Tekphow Number PIOMS*mail to or fox this compictoo fbrin to 407-317-3752. It%W11 be hAmpreled that you do not wish to Wand the oontract If this florm Is not returned Within business days frorn the deft of this correspondence, The Sdxx:d Board of Orenge County reservft We right to "d all Iterns on this bid If exte"alms as not received on all Mmm If You have any questions, pkMw do not Wets to contact Catina Cummins at 407-317-3700 extansion 2025245. Sincerely, Una Cumming VBuyer I FacRes 8,Construction contrawng Page 449 of 1256 MEMORANDUM OPERATIONS PROCUREMENT SERVICES DATE: May 7, 2014 I haeRECEVED TO: Micl Eugene FRECEVED Charo-tions offs r ief Operations Officer M AY 16 2014 ATT. David OakhIll S ChIeF Or. cer. Director Procurement Services r v1slon FROM- Roberto Pachow AZVP Director, Facilities and Construction Contracting SUBJECT., Request for Signature on Contract for Floor Installation & Repair Services, ITB1312303 Contract Summary ven-dor SSE&Associates, Inc. Scope of Work To provide for installation and repair of flooring throughout the district. Contract Length April 23, 2014 through April 213, 2017 with two additional one year renewals. Contract Amount Board Approval .... Savings Reviewed by Legal Comments Operations Maintenance, Portable Operations, General Funds Executed by: Ce J'? Michael A. Eugene Date Chief Operation' ffficer are"o r Reviewed by:_ L4-- J S urguine ate Su it ct'nr im, .,j S ' r Facilities Director for Operations and Maintenance Page 450 of 1256 ORANGE COUNTY PUBLIC SCHOOLS Facilities & Construction Contracting 6501 Magic Way,Orlando,FLS Tel 407-317-3700 Pax,407-317-3M CONTRACT AGREEMENT FOR FLOOR INSTALLATION&REPAIR SERVICES THis AGREEMENT, made this 23rd day of April. 2014, by and between the Orange Count Public Schools, a Charter School District, existing under the laws of the State of Florida..., herein referred to as OCPS and SSE&Associates,Inc.hereinafter referred to as the wCoNTRAcToR",for the mutual consideration of the covenants herein contained agree as follows: WITNIESSETH- TERMS AND CONDMONS I. Term. Upon approval by the School Board, the Agreement period shall be for 3 years, beginning on April 23, 2014 and ending on April 23, 2017. This Agreement by mutual assent of the parties may be extended for two (2)additional one (1)year periods or any portion thereof, up to a cumulative total of five years. 11. The unit prices and percentages specified herein (Exhibit A. Bid No.ITBI 312303) Will remain firm for the period of this Agreement All terms and conditions, addenda, correspondence and specifications of subject bid shall be incorporated and become an integral part of this Agreement. Ill. The CoNTmcrOR all maintain adequate stock and have sufficient quantities of sup pliestequipment to meet the estimated requirements of Orange County Public Schools on an mas needed'basis. IV. Favored Nation Clause: Based an similar size and quantity, it is understood that the supplier is providing OCP S the same or better pricing of other Districts and govemme agencies. If during the term of this Contract, OCPS locates better pricing for the same hem, supplier agrees to offer the District the reduced price. V. This Agreement may be cancelled by OCPS with 30 days written notice to the CONTRACTOR. V1. Jessica Lunsford Act CONTRACTOR and any of his employees performing services hereunder shall comply with the Jessica Lunsfbrd Act screening requirements effectlye September 1, 2005. 'Non- instructional school district employees or contractual personnel who are permitted access on school grounds when students are present, who have direct contact with students or*to have acbess to or controI of school funds must meet level 2 screening requirements as described in s.1012.32.Contractual personnel shall Include any vendor, individual or entity under contract vVith the school board." IN WITNESS WHEREOF, the parties have made and executed this Agreement on the respective dates under each signature, Orange County Public Schools and CoNTRAuoR, duly authorized to execute game. CONTRACTOR E j(Contractor): For Contractor( ontracto ., 4L re Firm Name 4) na e, -Va��r- Name�(Tyor 'Tint) Name&Title(Type or Print) Page 451 of 1256 f EXHIBIT "A" PRICING PARAMETERS � r .0 a Iescription it Price Preparation 1 s Furnish all labor,Supervision,Tools,Equipment,Materials and Supplies necessary provide Gym Fluor Refinishing Services.Using oil modified gym floor finish,as specified 5 herein. FL $0.28 Furnish all labor,Supervision,Tools,Equipment Materials and Supplies necessary provide Gyre Floor Refinishing Services.Using water based urethane gym fluor finish,a 36 specified herein. Ft. $0.53 37 Drum sanding and reinstall main Basketball&Volleyball coat lines,using oil modified Fier r�Ish, sac ed he In. Ft. $1.25 Drum sanding and reinstall main Basketball&Volleyball coat lines,using r based 38 Ar ane lel— nlsh,ass cl ed herein. L o s Include t ray Iea q L up 4"t-S'Diameter Includes all labor&materials Ea. $100.00 40 L u t� g darn r Includes al!la r a dais Ea. 5250® OO 41 1 'Dlameter Includes all labor&materials Ea. $500. nn LetterLetterin include a!lr!a , Is,sup ll ,labor necessa t ll 42 r,all fonts Includes all labor&materials(price/letter) E . $25.00 43 Lettering le letter,all fonts Includes all labor&materials(price/letter) Ea® $15m 00 Lettrlr� 1 le r,allf® Includes all larsr aterlals{prica,�ln rM £a. $20.00 45 Lettering 1r letter,all fonts Includes all labor&materials(price/letter) Ea. $20& 00 Letterirr 24"g l r, l!fats Includas all labor& rQals tic a r £a. 20. a 4 L rlr� 23'" I r,all Includes all labor&48 atrial { rice/l ar{ am 0® tterl Ie r,all fe I lu s all Ia �r�a aterlaLs( tic letter} a, $ 0> 0 49 Faint Slid s and/or lanes Includes all labor&materials S .Ft. $1. 00 5 Paint ""Ilrs iV�C Ir�clr�dad fn 1 3 a ��e)Inclur s all la r rrraterials LF $1< 59 Paint 1a,Imes"' t Included In Item 3&4 above)lnelu as all labor&materials LF $1.00 52 Hand aintedartworksu c ntracter ar u ) 5.0 Installation r53 l !c S IrI n r ars Maple d Flooring,25/32"x 2 4"(naw floor only) s .Ft. $1.75 installation Floor S t mAthletic SportsFloorli (R air to match existing) 4 artanllfilr� f lstl Flr,as s a ` S .Ft. $1e0 Page 452 of 1256 CORPORATESEAL Signaturey NOTARY LIC STATEF: f t COUNTY OR � The lbregoin Instrument lbefore i AD y o 20A by r tc r c "S I re M as p identification id(did note take an oath. NotaryName, Public Signature, Commission Number: � Commission Ex pir : $�a ?�� w Il 111 I J I a GE COU LIC SCHOOL ( ti 7 GE COUNTY oAae our Public Schools: By B 6 ia=Chiefo11 r Date zz'�t f Reviewed Page 453 of 1256 55 Pini Wood Floorin P,3/4'x I 1pa ,Ft, $2.50 56 Pirie Wood Floorin %UA-x 2 l ft 5 . t, $2.50 57 Pine Wood Floorint 3{4"x 3114" .Ft. $2.50 58 Pine Wood Floor fn ,33/32"x 1112' S .Ft. $3.00 59 Pine Wood 5 Ft.60 Ma le Wood Flooring, / 1 .Int. 1 Maple Wood Fforin , 3 .Ft62 . $ .3 Me o�d Fl prang, 3{ 2"x 1/ � S, Ft. $2.90 63 Maple Wood Fioorin33132" 1j " 5 ..Ft $ n 90 64 Oak Wood Floorin 0, 3/40 x 11{2" .Ft. $2.90 65 Oak WoodFIDarIng,314N x 21/4" Ft. $2.90 66 Oak Wood Floorismw 3/ 'x 3 1/ " 5 n Ft. $2.90 67 Cushioned Sleepers at I2"'Centers .Ft. $0.75 63 Install complete Flooring ears,as s e�lfind® Ft, $L75 69 Labor for work not Included Ire pecificaWns lira $25.00 70 Materials an Seg lies not listed a (f�rrrlshe shelf a6 �c 11 1 Wood not listed acrm �f�rrrtshrf shad a a ®�e cast 2.O9� Page 454 of 1256 Page 455 of 1256 MEMORANDUM OPERATIONS PROCUREMENT SERVICES DATE: May 7, 2014 TO: Michael Eugene RECEIVF-D Chief Operations Officer RECE'V]ED ATT: David OakhIII-'q-D RAY 16 2014 Sr. Director Procurement Services Chief opemuons oftir W t1j:ns I �[" :,a:vist FROM: Roberto Pacheco A90 L— ODemilons DIWsl n Diredor, Facilities and Construction Contracting SUBJECT: Request for Signature on Contract for Floor Installation & RepairServices I ,TB1312303 Contract Summary Vendor Florida Business Interiors, Inc. Scope of Work To provide for installation and repair of flooring throughout the district. Contract Length April 23, 2014 through April 23, 2017 with two additional one year renewals. Contract Amount 4; Board Approval April 22, 2014 Savings Reviewed by Legal NIA Comments Operations &Maintenance, Portable Operations, General Funds Executed by: Michas A. Eugene Date Chief Operations Officer Reviewed by: J in s Surguine :iUjIn nir'. ate r fr� 4Se ' r Facilities Director for Operations and Maintenance Page 456 of 1256 ORANGE COUNTY PUBLIC SCHOOLS Facilities & Construction Contracting 6501 KVic Way,Orlando,FL 3=0 Telephone.4071-NOO Fwc 407-317-"65 CoNTRAcTAeREEMENT FOR FLoOR INSTALLATION&REPAJR SERVICES THis AGREEMENT, made this 23rd day of April, 2014, by and between the Orange County Public Schools, a Charter School District, existing under the laws of the State of Florida, hereinafter referred to as;OCPS and FigrLda Business Interfors,.Inc. hereinafter referred to as the "CoNTRAcmW', for the mutual consideration of the covenants lie- in contained agree as follows: WITNESSETH, TERMS AND CONDITIONS I. Term: Upon approval by the School Board, the Agreement period shall be for 3 years, beginning on April 23, 2014 and ending on April 23, 2017. This Agreement by mutual assent of the parties may be extended for two(2)additional one(1)year periods or any portion thereof, up to a cumulative total of We years. IL The unit prices and percentages specified herein (Exhibit A, Bid No.ITB1312303)w'll remain firm for the period of this Agreement AJI terms and conditions, addenda, oorrespondenoe and specifications of subject bid shall be incorporated and become an integral part of this Agreement. III. The CoNTRAcToR shall maintain adequate stock and have sufficient quantities of supplies/equipment to meet the estimated requirements of Orange County Public Schools on an"as needed"basis. IV. Favored Nation Clause: Based on similar size and quantity, it Is understood that the supplier is providing OCPS the some or better pricing of her Districts and governmental agencies. If during the term of this Contract, OCPS locates better pricing for the same item, supplier agrees to offer the District the reduced price. V. This Agreement may be cancelled by OCPS with 30 days written notice to the CONTRACTOR. \A. Jessica Lunsford Act: CONTRACTOR and any of his employees performing services hereunder shall comply with the Jessica Lunsford Act screening requirements effective September 1, 2005. "Non- Instructional school district employees or contractual personnel who are permitted access on school grounds when students are present, who have direct contact With students or who have access to or control of school funds must most level 2 screening requirements as desciibed in s.1 12.32.Contractual personnel shall include any vendor, individual or entity u nder contract with the school board." IN WITNESS WHEREOF, the parties have made and executed this Agreement on the respective dates under each signature, Orange County Public Schools and CONTRACTOR, duly authorized to execute same. CONTRACTOR WITNESS(Contractor): For Contractor Florida Business interiors TSI-gnatw66 Firm Name Jon Van Hom I David UBryanAnoe l2wident Name(Type or Print) N a m e&;rtU e;(Type,o int) CORPORATESEAL Signature Page 457 of 1256 EXHIBIT$A PRICING jva. P, Item Unit Description price 1 RESILIENT SHEET FLOORINGFURNISH ONLY Pt $1.3.5 RESILIENT SDSFLOORING FURNISH INSTALL Pt $3.10 S DEMOLITION OF EXISTING RESILIENT SHEET FLOORING $Q -50 4 VINYL COMPOSITIONTILE FURNISH LY Ft 5 V�DYL P D Pd I PADS Pt $1. 6 DEMOLMON OF EXISTING VINYL COMPOSITION TIL ) FLOORTILE ADHESIVE 1-GALLON SIZE FURNISH ONLY 681 $13.22 R FLOORTILE ADHESIVEFURNISH ONLY Gad S FLOOR TILE ADHESIVEFURNISH ONLY Gal 66. 08 10 CARPETTILE ADHESIVE C17C a makumcu n LY Gal 30 AS 11 CARPErMLE13 SI FURNISH ONLY Gal $3 12 CARPET 1DLEADHESIVE SIZE FURNISH ONLY Gal $152.3 13 RUBBER STAIR TREAD FURNISH Y LUQ Ft $IS.53 14 RUBBER STAIR FURNISH INSTALL Lira Ft $21.54 is STAIR TREAD ADHESIVE FURNISH LY Gal $11621 16 FLOOR PREP FURNISH ONLY Ft $1 .00 17 FLOOR WOOD REPAIRS 18 75.041 CARPET TILE So.2X2 FURNISH ONLY S $17. 19 CARPETTILES FURNISH&INSTALL Yd 20 FURNISH&INSTALL COVE BASE LDS J>t 2-1 REMOVAL&DISPOSAL OF EXISMNGR F BASE Y $1.2 22 SYSTEM WET ADHESIVEFREE INSTALLAIJON S Yd $1® 79 23 FURNISH INSTALL VINYL YL O I R Du Ike STRIP "n Pt $2 39 24 FURNISH&INSTALL ALUMINUM SII Un Ft $12.00 25 HOURLY RATEPER P3lDR FLT 11�IP� UIP E Lfr $10. 6 F R PREP R I3S F . 00 27 FLOOR PREP R I Y 1 2 �Lt1 I U9L d PI 11/1 1 LIQ Pt $7PIS 29 ALUMINUM ISI AIR NOSING 1112-X 2 2- LDS 7.15 30 ALUMINUM LING FARPEF BAR r Lin Pt $3 .58 31 ALUMINUM MOLDING1 IM Lin Page 458 of 1256 NOTARY PUBLIC STATE OP COIJNTYOF: The foregoing finstument was acknavviedged before me this day of M&,l 20jq bj &U e— 011(S rLI 4A he has p p as ident9cation and who did(did not)take an oath. MM K GREENRAI.M. Notary Public-State of Honda Notary Name: Lw Notary Public Signatu My Comm.Fxplmg Mar 5,2016 COMMIselon#EE 165135 Commission Number Expires: 11 0 91GE COMY PUBLIC SCHOOLS A Foe Count'Public Schools' BY CL By 2 n Mi 8 r chael AQne, Ch is f Ope ations Officer Date Reviewed b J I s Surguinc—) Page 459 of 1256 7 32 ALUMINUM MOLDING BAR:r Llai Ft $3.58 33 ALUMINUM EDGE GUARD13/8- 1/2- Lin Rt , Materials and Supplies net listed abs (fumished shall above 34 costo Page 460 of 1256 Krasnoff, Luma,Jonele Friday,January 25,2019 10:50 AM Krasnoff, Leah FW: REVIEW OF OCPS CONTRCT FOR FLOOR INSTALLATION AND REPAIR SERVICES This was Ilyse reviewing the contract with issues. I have fixed those issues as you can see from the actual paperwork Jonele Luma q� Administrative Associate Public Works, Fleet rf �' ailing Address: P.O. Box 310 Boynton Beach, Florida 33425 Physical Address:222 N.E. 9th Ave. I Boynton Beach, Florida 33435 561-742-6594 � P eti ` . LumaJ@bbfl.us boynton-beach.or \���1 lll t•• t�, n11(Ftt�r4 I1 t, - � mmr�' Please be advised that Florida has a broad public records law and all correspondence to me via email may be subject to isclosure. ner 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:Triestman, Ilyse Sent:Tuesday, October 09,2018 4:06 PM To:Luma,Jonele<LumaJ@bbfl.us> Cc:Mootz,Gail<MootzG@bbfl.us>; Mack,Andrew<MackA@bbfl.us>; Howard,Tim<HowardT@bbfl.us> Subject: REVIEW OF OCPS CONTRCT FOR FLOOR INSTALLATION AND REPAIR SERVICES Hi Jonele--good afternoon—I received the subject documents you sent via interoffice memo.You asked for a review and feedback regarding whether this contract is piggybackable. I've reviewed the Contract and the quote submitted from the vendor and have the following comments: Per the Contract,the price for item 40 should be$500—not$700 as listed on the quote. Also,the quote listed"generator rental" @$1500.This is not permissible per the contract.The work shall be inclusive of materials,equipment,tools,etc. Here's a link to the entire contract> https://www.ocps.net/cros/one.aspx?porta11d=54703 pageId=112535#hopefully you can access it. Let me know if you'd like to discuss further.Thanks, Ilyse The OCPS Contract language clearly states: "The Contractor shall have sufficient number of personnel, materials,transportation and an adequate inventory of tools and equipment to perform work at the job site.The contractor shall be held responsible for the on-site supervision,scheduling,storage, t Page 461 of 1256 receiving and placement of materials.If any heavy equipment is needed such as a crane,man lift and or backhoe,the contractor is responsible for the purchasing and or leasing of the required equipment.The company shall provide an experienced operator for the equipment." Ilse Triestman, CPPO,CPPB, FCC . - Purchasing Manager Financial Services MailingAddress: P.O. ox 310 1 Boynton Beach, Florida 33425 Physical Address:3301 Quantum Blvd., Suite 101 Boynton Beach, Florida 33426 q (7 t t �4 561-742-6322 Triestmanl@bbfl.us j,,,, boynton-beach.org/ Please be advised that Florida has a broad public records law and all correspondence to me via email may be subject to isclosre. er Florida records law, email addresses are public records.Therefore, your e-mail communication and your e-mail address may be subject to public disclosure. 2 Page 462 of 1256 6.G. CONSENTAGENDA 2/19/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 2/19/2019 REQUESTED ACTION BY COMMISSION: Approve the minutes from City Commission meetings held on February 5, 2019. EXPLANATION OF REQUEST: The City Commission met on February 5, 2019 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 Description D Addendum 02-05-19 Page 463 of 1256 MINUTES OF THE CITY COMMISSION MEETING HELD IN THE INTRACOASTAL PARK CLUBHOUSE 2240 N. FEDERAL HIGHWAY, BOYNTON BEACH, FLORIDA ON TUESDAY, FEBRUARY 5, 2019, AT 6:30 P.M. PRESENT: Steven B. Grant, Mayor Lori LaVerriere, City Manager Christina Romelus, Vice Mayor James Cherof, City Attorney MaccCray, Commissioner Judith Pyle, City Clerk Justin Katz, Commissioner Aimee Kelley, Commissioner I. OPENINGS A. Call to Order Mayor Grant called the meeting to order at 6:30 p.m. Invocation Reverend Amalie Ash, 1ST Presbyterian Church gave the invocation. Pledge of Allegiance to the Flag led by Vice Mayor Romelus Roll Call City Clerk Pyle called the roll. A quorum was present. Agenda Approval: 1. Additions, Deletions, Corrections Commission cCray requested to add a discussion on 18-wheelers parking in residential areas. Vice Mayor Romelus requested to hear item 3-H at the beginning of Announcements. Mayor Grant received consensus to add a discussion on parking of 18-wheelers as New Business, item D. Page 464 of 1256 Meeting Minutes City Commission Meeting Boynton Beach, Florida February 5, 2019 ..............-.................... ..................................... .............................................................. ............................................. ..........---..............................---..................................................................................................................................................... ..................I.................. 2. Adoption Motion Vice Mayor Romelus moved to approve the agenda as amended. Commissioner cCray seconded the motion. Vote The motion unanimously passed. 2. OTHER A. Informational items by Members of the City Commission Commissioner Katz indicated he had nothing to disclose Commissioner cCray had toured Hunter's Run new Clubhouse facilities, attended the Kinetic Art Festival and met with staff of Public Works. Staff showed him how to think outside of the box in regards to Rolling Greens. Thanked the City Manager and Andrew Mack, Public Works Director. Vice Mayor Romelus thanked Reverend Ash for the invocation. Thanked everyone who are super heroes for the City Commissioner Kelley had attended Rock the Plaza, the Community Leaders reception at the fairgrounds for newly elected officials, and the Kinetic Art Festival. Mayor Grant said on January 23rd he attended a meeting with Palm each County League of Cities in Wellington Florida. Also, spoke with Casa Costa Homeowners Associations. January 24th attended the Palm Tram Service Board and met with the Principal from Crosspointe Elementary School regarding the afterschool program. He attended Rock the Plaza at One Boynton. Indicated he was looking forward to the next Rock the Plaza scheduled for February 9, 2019 from 2 pm-6 pm at Ocean Palm Plaza. January 26th he attended two grand openings; Hurricane Dockside Grille in Renaissance Commons and Rich Man Looks in Casa Costa. January 28th he attended the Palm each County Housing Authority meeting. The Housing Authority has 77 properties within Boynton each City limits. Spoke with the Housing Authority regarding the vacant land in Cherry Hills. Also attended the Heart of Boynton each Association meeting. January 291h he attended a meeting with PEACE at St. John Missionary Baptist Church. The Organization requested to have a Community ID program placed on the agenda. Explained this was an I.D. card for the City of Boynton each residents. Mayor Grant requested a consensus to place on future agenda. 2 Page 465 of 1256 Meeting Minutes City Commission Meeting Boynton Beach, Florida February 5, 2019 ---.......................1-1........................................................................................................................................................ ..................................................................... ....................--................... ...............................................................................I............. Commissioner cCray suggested placing this item on Future Agenda after the March 19, 2019 election. Commissioner Katz agreed with Commissioner cCray regarding the delay. Explained he spoke with staff regarding the concept, which was new to him. He wanted to have more background information. Mayor Grant responded he has spoken with West Palm each regarding this item. Suggested placing the Community ID card item on the March 19, 2019 Commission meeting. Mayor Grant continued with his informational items. January 301h he attended Literacy in our Community at Freedom Shores and attended the Village Royale on the Green Homeowners Association meeting. February 2nd attended the 11 th annual Youth Summit and Dating Violence at Boynton each High School. He was pleased to say he made it to the International Kinetic Art Event. February 31d attended the Four Chaplains Day at the Ascension Lutheran Church. Explained event dedicated to the Four Chaplains who gave their lives to save civilians and military personnel as their ship sank on February 3, 1943. They helped other solders board lifeboats and gave up their own life jackets when the supply ran out. February 5th attended the Race to Equality, held at the Palm each Convention Center. Attended Hunters Run meeting, also had a meeting with Ed Brolin at the Boynton each all. Mayor Grant requested to place an item on the Future Agenda regarding the Free Masons. The Masons wanted to place a keystone in the New City all. The City of Boynton each incorporated at the Free Masons lodge in 1920. Stated every year the Free Masons present an award to the Firefighter, Paramedic and police officer of the year. He would like this item to place on the March 19th Commission agenda. Commissioner cCray indicated he was in favor of placing it on the March 19th Commission agenda. He was in favor of the discussion. Vice Mayor Romelus attended Forest Park Elementary School to celebrate their 100th day of learning. She would be celebrating with Boynton each High School on February 8, 2019. 3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS A. City offices will be closed on Monday, February 18 in observance of Presidents' Day. Mayor Grant announced City Hall offices are closed in observance of President's Day February 18, 2019. B. Announced SE 1st Street Sidewalk Improvements Public Information Meeting on Thursday, February 7th, 2019 at 6:00 PM in the Boynton each Utilities Department located at 124 E Woolbright Rd. 3 Page 466 of 1256 Meeting i s City isi tin Boynton Beach, FloridaFebruary 1 _......._._..................._.........................._...._........................................................... .................._............................_......._...._._.........._...._................................................................_._.............._...._...................._................... ..............._........................._._...................._...................._._._...... .......... Mayor Grant announced the SE 1 st Street Sidewalk Improvement public information meeting on Thursday, February 7, 2019 at 6PM in the Boynton Beach Utilities Department. Gary Dunmyer, City Engineer, informed the Commission there is a grant opportunity to have sidewalks improved. Staff wanted to have buy-in from the community that would be affected by the construction. Mayor Grant inquired if this information would be on social media. Colin Groff, Assistant City Manager, responded yes. C. Announced the passing of Amendment 4 during the 2018 General Election restoring voting rights to felons. The Amendment became effective January 2019. Informational flyers will be available at the meeting for the public. Mayor Grant announced the passing of Amendment 4 during the 2018 General Election restoring voting rights to felons. Indicated this amendment became effective January 2019. Mayor Grant asked for the last day to register to vote. Vice Mayor Romelus responded it was February 11, 2019 D. Proclaim February 11th-17th, 2019 as 2-1-1 Awareness Week. Sharon L' errou, 211'sPresident/CEO will be present to accept the proclamation. Mayor Grant proclaimed February 11-17, 2019 as 2-1-1 Awareness Week. Tara Murray, 211 Vice President of Marketing, thanked the Mayor and Commission for their support. Indicated the mission of -1-1 was to provide a hotline,for crisis assessment and referral to individuals in need of guidance, support and information. Some services include medical clinics, foreclosure prevention, parenting information on developmental concerns (Help Me Grow) and special needs, senior services that include free "Sunshine" daily calls. Stated 2-1-1 received over 4300 requests from the City of Boynton Beach residents. Yearly 2-1-1 has received more than 100,000 requests for services. Ms. Murray said nothing would be possible without the help of organizations like the City of Boynton Beach. Mayor Grant thanked Ms. Murray for all the services offered to the residents of Boynton Beach. He indicated he had personally referred people to the 2-1-1 hotline. E. Proclaim the month of February 2019 as American Heart Month. Tim Steriou-Allen, Director of Communications will accept the proclamation. Mayor Grant proclaimed the month of February 2019 as American Heart Month. Tim Steriou-Allen, Director of Communications accepted the proclamation. Page 467 of 1256 Meeting Minutes City Commission Meeting Boynton Beach, Florida February 5, 2019 1-1.......................................................................... 1-1................................................................................................................................................................................--............................................................................................................................................................................... Tim Stri ou-Allen, Director of Communications, thanked the Commission on behalf of the American Heart Association. Indicated awareness was the first step in combating heart disease. F. Proclaim Thursday, February 7, 2019 as Robert E. Wells Day. Mayor Grant proclaimed Thursday, February 7, 2019 as Robert E. Wells Day. Minister Bernard Wright, Bernard Wright Ministers, CEO of Robert E Wells Foundation, and Realtalk Radio, thanked everyone for doing a great job. The residents have made History in the City of Boynton each. Confirmed there was an election coming up and everyone needed to come out and vote for the one that would be the best for the City of Boynton each. This was the 5th Annual Robert E. Wells celebration. G. Announcement by Recreation & Parks Director Wally Majors about the upcoming 5K and Magic Wheels&Special Deals events on February 8th and 9th. A brief slide show featuring previous Magic Wheelchairs will be included. Wally Majors, Parks and Recreation Director announced the City of Boynton each 7th annual Barrier Free Park 5K Run, Walk and Roll. Also the 4rd annual Magic Wheels and Special Deals event. Presented a slide show of last year's events. Debbie Majors Grants and ADA Coordinator indicated this was a very exciting event. Ms. Majors provided some pictures of the magic wheelchair recipient for 2016. The recipient Emma received a purple Camaro 2017. Last year's recipient was Joshua, both he and his brother received a car. This year's recipient was Nathan Michal Robles. Ms. Majors invited all to come out, enjoy the events, and support the vendors. The location of the event is 3111 South Congress Avenue. There was summer camp registration beginning, and a boat fest coming up February 23, 2019 H. Recognize Boynton each Fire Rescue Department's outstanding performance in the Florida Fire Chiefs Association Rapid Intervention Team competition in Daytona each (heard earlier in the meeting) it Chief Glenn Joseph presented the Fire International Champions from the Florida Fire Chiefs Association Rapid Intervention competition. The Boynton each firefighters were number one in the preliminaries and number one in finals. Lt. Matthew Oxendine explained RIT was Rapid Intervention Team. The RIT was a group of highly motivated and trained firefighters tasked with locating and rescuing fallen firefighters inside a structure. The field consisted of 29 teams from across the state of Florida and the City of Boynton each placed first in both the preliminary and final rounds. The Boynton each team consisted of Tommy Rodriguez, Steven Wandell, 5 Page 468 of 1256 Meeting Minutes City Commission Meeting Boynton Beach, Florida February 5, 2019 .........................., ­I............................................................................................. ............................................................................................................ ........... ........................................................................................................................................... Jeff Power, Tyler Hoffmann, and Tate Kilpatrick. The City of Boynton each was the underdog compared to the other teams, but came out on top. Chief Joseph stated he was very proud of the firefighters of Boynton each. Congratulated Chief Clemons who will present at the Firefighters Conference in Annapolis. Chief Joseph explained this was an honor and a very big deal. Mayor Grant announced on February 14, 2018 at the Ezell Hester would be a Job fair. 1. Introduction of the Boynton each Superheroes featured in the 2019 Calendar by Eleanor Krusell, Public Communications & Marketing Director and Laura Lansburgh, Marketing Manager. Laura Lansbury, Marketing Manager, requested all the superhero's from the calendar to stand to be recognized. Ms. Lansbury stated in October the City asked the community to nominate unsung superheroes that have volunteered and contributed to making Boynton each a better place to live. Ms. Landbury noted over 40 entries were received and 12 residents were selected from those entries. All 12 residents selected display superhero qualities of courage, selflessness, humility, patience, and caring. January— Gene Berman, nominated by Reva Berman. February—Clovis Moodie, nominated by Ricky Petty. March — Jehana Zell, Nominated by Debby Coles-Dobay. April- Margaret on, nominated by Amanda Kopacz. May—Martha Smith, nominated by Courtney Roper. June —Michael Wilson, nominated by Michael Landress. July- Maria Cardoso, nominated by Julen Blankenship. August— Michael Evans, nominated by Cassondra Corbin-Thaddies. September—Ethel McGhee, nominated by Rev. Amalie Ash. October —Marie Kettly Seide, nominated by Vice Mayor Christina Romelus. November—Teri Hinman, nominated by Larry Blocher. December-Lilliana Devoursney, nominated by Stephanie Slater. K. Presentation by David Scott on Opportunity Zones David Scoff, Director of Economic Development, provided a presentation on the Opportunity Zone. Explained Opportunity Zones are designed to increase economic development by providing tax benefits to investors. There are many different type of funding such as direct funding, CBG grants, and now the new one called Opportunity Zones. The zone was usually an economical distressed community where new investment, under certain conditions could be eligible for preferential tax treatment. This was a new tool in the City of Boynton each toolbox. Mr. Scott explained if the investor holds the investment in the Opportunity Fund for at least ten years, the debt was forgiven. 6 Page 469 of 1256 Meeting Minutes City Commission Meeting Boynton Beach, Florida February 5, 2019 ........B....... I.............­­...................................................................................................................................................................................................................-................... ..............................................................................................-1 1... 1......_........ I Mr. Scott stated there are two opportunity zones assigned to Boynton each; the first one was from 1-95 to the intercoastal, then the canal to Boynton each Blvd,just past Federal Highway. Indicated Ocean 1 would fit into that zone. The second zone would go from Gateway to Miner Road. Mr. Scott identified the advantages of the Opportunity Zones. Mr. Scott said the opportunity zones were a tool for economic development, which would increase development and help with the creation of employment in distressed communities. Mr. Scott indicated there were some challenges to the Opportunity Zones, such as policies are still being made, conniving investor with the opportunity. Community focused stipulating that investment flow towards affordable housing, policymaking such that local entrepreneurs get rights to new funding and projects, layering extra incentives to remove blight-easing permitting. There was a very short window for these zones to be utilized. The City needs to identify those areas and locations to bring the partners together, such as business owners, the CRA and developers. Mr. Scott indicated investors should consult their tax professional regarding tax consequences. Commissioner cCray inquired who assigns the Opportunity Zone. Mr. Scott responded the State assigns the Opportunity Zone. Commissioner cCray inquired as to how this was being presented to the public. Mr. Scoff replied this was on the City website. Commissioner cCray stated the Opportunity Zones was in its infancy stage. Mr. Scott agreed and stated it was a very fluid process. Vice Mayor Romelus asked if the City had any influence on the rule making in regards to the Opportunity Zones. Mr. Scott responded none. Mr. Scott informed the Commission there could be no changes to the Opportunity Zones. Vice Mayor Romelus, assured Mr. Scott the City would move forward and encouraged investors to invest in the City's blighted communities. Vice Mayor Romelus voiced her concern regarding citizens having the ability to have homeownership. Mr. Scott indicated as these projects become more successful, more investors would become involved. Commissioner cCray inquired since the government shutdown was additional time being given to the municipalities to complete the applications. Mr. Scott replied not at this time. Mayor Grant informed the audience on February 14, 2019 from 8am-12pm the City will be hosting a job fair at the Ezell Hester Center, 7 Page 470 of 1256 Meeting i City i iMeeting Boynton Beach, Florida 4. PUBLIC AUDIENCE INDIVIDUAL ILL BE LIMITED TO 3 MINUTE the discretion f the Chair, this i 3-minute l adjusted dependingthe level of businessi ity Commission) Mayor Grant opened Public Audience. Patrick I r, Program Manager of Epic Alternative Connect at CareerSource Palm Beach County, stated the Delray Beach City Commission approved office space for CareerSource for a cost of$1.00 per year. The services were directed towards 17-2 year olds. Mr. Glover indicated he would like to schedule a meeting with the Boynton Beach City Commission to try to roll out these services in Boynton Beach as well. Correspondence was sent to the Commission regarding the program. Providedtarget areas and a budget of$200,000 to provide employment to 17-22 year old, who are out of school and not working. Explained he has reached out to Mike Simon, Executive Director of C.R. A. Mayor Grant indicated the City of Boynton Beach have some facilities which may be available. Mr. Glover acknowledged the City of Delray offered office space for $1. per year. The services pay for internship, training and placement intoemployment. Vice Mayor Romelus stated there was a community job fair upcoming, would the program be interested in attending. Mr. Glover responded the program was catering to 17-22 year olds. Susan r, 140 E 27th Way, indicated Delray passed the plastic straw ban. Spoke about permeable pavers. Stated there were three types of paver; traditional concrete/asphalt, plastic paver, and concrete pavers. Requested the City of Boynton Beach allow the plastic paver, which have a honeycomb shape, which allows vegetation, such as grass to grow through the holes. Indicated this would be a great alternative. Suzanne Ross, Executive it c r, Schoolhouse Children's , provided an update on the Schoolhouse Childrens Museum. Ms. Ross stated the effect of the closure of City Hall has affected funding. The admissions revenue was off by less than %, membershiprevenue was lower. Ms. Ross noted program income increased %; party facilities rental increased 0%. Thanks to a very generous donation by John P. Kavooras, Charitable Trust, Jim Moran Foundation, Young Dentistry and an increase in direct individual's, contributions increased by 6 %, ending the first quarter in the black. The Schoolhouse Museum will be holding its 2019 Schoolhouse Children Museum bash fundraiser. This year's theme was "Too Cool for School" the perfect setting for a plate full of adventure. Tickets are on sale online. Come play with us at the schoolhouse museum where learning is an adventure. Page 471 of 1256 Meeting int s City ii Meeting , Flri r 1 .........._...._._...................................._......._............................................._._._........................................._._._.........._..............................................._............................................................_. .. ...._...... .................................................................................................. .._._...................................._..................... Mayor Grant inquired when the Schoolhouse Museum fundraiser was. Ms. Ross responded, April 11, 2019 Tory Ore, Cherry Hill Florida, representing Boynton Str , stated there has been a lot going on in Cherry Hills. Since October, they have seen a spike in shootings. The people in Cherry Hill are disenfranchised. People are afraid to come out the door. It was scary in this area. He was here to request help; they are doing what they can but the City needs to insure the safety of all its citizens. Stated he will continue to try to stop the violence. The police have not made any arrests, nothing has happened, no arrests. The children in the area are afraid. The Police wanted to take him to jail for trying to speak out against the violence. Minister ern r ri , 713 NW 2nd Street, believed the shootings were unnecessary. Minister Wright stated this was not a police problem, this was a teenager problem; they bring the fight from the club to the neighborhood. Statistics state most of the men in jail were raised by single mothers. The community needs to take responsibility of raising our young men. Vice Mayor Romelus, agreed they do need to make sure that this was a community effort. Stated the police investigated the incidents but no one came forward. The police department works very hard to keep the residents safe. Mr. Wright stated these were isolated incidents, which happen every so often. He was in agreement with the police department. He lives in Cherry Hill and stated it was usually quiet area, but violence has escalated in the area with several gun shootings. On another note there was a free summer camp coming up. He was here to accept donations for the upcoming Robert E. Wells festival coming up on February 16, 2019. Mayor Grant, seeing no one else coming forward, closed Public Audience. 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 ( /V Stu) openings exist: Building Board of Adjustment and Appeals Education and Youth Advisory Board Historic Resources Preservation Board Library Board Senior Advisory Board Mayor Grant announced opening on each board, indicated there were no applicants. Page 472 of 1256 Meeting i s City i iMeeting Boyn............................_._._........................_..._.on _..._'...._............._Florida......................................._............_._............ _....................................._.............................._._._.................._......................_._._.........._._.........._._._._.................Febr........_._......._._._._..._uary '................_ ........ 6. CONSENT AGENDA Matters in this sectionthe Agenda arerecommended by the City Manager for " t approval of the actionindicated in each item, with all of the accompanyingmaterial to becomei j c to staff is Commissioner McCray pulled item 6- E. A. Approve Task Order UT-313-01 with AECOM in the sum of $99,920.00 in accordance with RFQ No. 046- 1-17General Consulting Services Contract, Scope Category B executed on August 22, 2018 for the development of conceptual plans and costs for serving the southern portion of the Town of Ocean Ridge with wastewater collection services. B. Approve Task Order UT-3C-02 with Globaltech in the sum of 48,684.50 in accordance with RFQ No.046-2821-17/TPGeneral Consulting Services Contract, Scope C executed September 7, 2018. This task order will allow the consultant to provide predesign and conceptual study of an Alternative Reclaimed Water Supply Project. RESOLUTIONC. PROPOSED 1 - 1 - Approve and authorize the City Manager to sign an Agreement with Government Services Group, Inc. to assist the City of Boynton Beach to continue the Fire Assessment Program for the FY 2019-2020 budget with the scope of professional services and specialized assistance in the amount o $17,500. RESOLUTIOND. PROPOSED - - Amend the FY 2018-2019 budget, which will adjust budgeted appropriations and revenue sources and provide spending authority for the Local Government Surtax Capital Projects Fund (303) to decrease the appropriations by $74,447 from $12,056,607 to $11,982,160. E. Accept the City of Boynton Beach 2017/2018 Annual Grants Report. Commissioner McCray requested a listing of how much revenue has been received through grants. Debbie r Coordinator, indicated fiscal year 2017/2018 there were 14 grants submitted. Total grants received was $1.6M. Most of the grants were competitive. Grants included State Housing Initiative Partnership (SHIP), Community Development Block grants ( ), and the Library receives some entitlement fund grants. 1 Page 473 of 1256 Meeting Minutes City Commission Meeting Boynton Beach, Florida February 5, 2019 ...........................................................--- ........................................................................... ............... ................ ............... ................................... .............................. --............................I -..............I Commissioner cCray informed the citizens the it actively pursue grants for City services. Motion Commissioner McCray move to approve. Commissioner Katz seconded the motion. Vote The motion unanimously passed. F. Accept the written reporttothe Commission for purchases over$10,000 for the month of December 2018. G. Approve the minutes from City Commission meetings held on January 15, 2019. Mayor Grant asked for a motion to approve the remainder of the consent agenda. Motion Commissioner cCray moved to approve the consent agenda as amended. Vice Mayor Romelus seconded the motion. Vote The motion unanimously passed. 7. BIDS AND PURCHASES OVER $100,000 A. Award Bid No. 010-2511-19/IT to the lowest responsive and responsible bidder, Kelly Janitorial Systems, Inc. of Doral, Florida for Janitorial Services for City Municipal Buildings and Facilities in the estimated two-year amount of$406,203.12 plus$80,000 for additional services that may be required for a total estimated two-year amount of $486,203.12. Issuance of purchase order is contingent upon receipt and approval of insurance and applicable payment and performance guaranty has and blanket fidefty bonds.The bid allows forthree(3),one-year renewals contingent upon mutual approval and determination that renewal is in the City's best interest. Motion Commissioner cCray moved to approve with discussion. Commissioner Kelley seconded the motion. 11 Page 474 of 1256 Meeting Minutes City Commission Meeting Boynton Beach, Florida February 5, 2019 ............-..........................................I................................................................................................. ........... .....................................................................................................................................................................................................- I............................................................ Commissioner cCray stated with so many buildings down; he wanted to know cleaning services were being performed. Vote The motion unanimously passed. B. PROPOSED RESOLUTION NO. R19-014-Authorize the City Manager to sign the Kinetic Art Fabrication Agreement with EES Designs, LLC of Fort Lauderdale, FL in the amount of $334,161.45 for the Town Square Kinetic Public Art Project. Mayor Grant read proposed Resolution No. 19-014 into the record by title only. Motion Commission cCray moved to approve Resolution No. 19-014. Commissioner Kelley seconded the motion. Mayor Grant requested a picture of the structure and inquired the height of the structure. Debby Coles-Dobay, Public Art Manager, responded the Kinetic piece was 27 feet high and 26 feet wide. Mayor Grant inquired if this was for all three pieces. Ms. Coles-Dobay responded this was the total. Mayor Grant asked if the pieces would move. Ms. Coles-Doby replied there are three different spears, which would go up, 11-foot wings, 7 per pole, which interface and intertwine. Mayor Grant questioned if the structure would withstand a hurricane. Ms. Coles-Dobay confirmed it would. Commissioner Katz asked if the color and the material would be true to form as presented. Ms. Coles-Dobay replied the structure was made of brushed aluminum on the upper and lower wings and polished aluminum on the surfaces. Vote The motion unanimously passed. Commissioner cCray inquired about the three butterflies. Indicated it was well done. C. Approve Task Order UT-1 D-02 with Kimley-Horn and Associates, in the amount of $112,474 in accordance with RFQ No. 046-2821-17/TP, General Consulting Services Contract, Scope Category D awarded by City Commission on August 7, 2018 for assistance with the City's 2019 Transportation Aftemative Program grant application on SE 1 st Street and 30%civil engineering design plans. 12 Page 475 of 1256 Meeting Minutes City Commission Meeting Boynton Beach, Florida February 5, 2019 .................................................................................................................................................... ............................................................................................................................. ............. ................................................................................................................................ Motion Commission Katz moved to approve. Commissioner cCray seconded the motion. Mayor Grant inquired if representatives from Kimley-Horn would be at the meeting. Gary Dunmyer, Engineer, responded Kimley-Horn would have two representatives in attendance. Mr. Dunmyer said if the citizens had any concerns or issues about the program, he encouraged them to come out and address staff and the consultants. Mr. Dunmyer stated he walked the area. Staff wanted to make the area safe. They would like to place sidewalks on both sides of the street; Kimley-Horn will work with the City with the design. Mayor Grant inquired if this would help with the S.E. 11th Avenue intersection near the railroad. Mr. Dunmyer replied absolutely, this was a big part of the design; there was a lot of right-of way, which the City would like to reclaim. Vote The motion unanimously passed. 8. Public Hearing 7P.M. OR AS SOON THEREAFTER AS AGENA PERMITS The City Commission will conduct these public hearing in its dual capacity as Local Planning Agency and City Commission. A. PROPOSED ORDINANCE NO.19-004 - FIRST READING -Approve Boynton Beach all Future Land Use Map Amendment from Development of Regional Impact (DRI) to Mixed Use Low (MXL). Applicant: City-initiated. Staff Requests item be tabled to 2/5/19. Attorney Cherof read Proposed Ordinance No. 19-004 by title only on first reading. Motion Commission cCray motioned to remove Ordinance No. 19-004 from the table. Seconded by Vice Mayor Romelus. Vote The motion unanimously passed. Motion Commissioner cCray moved to approve. Seconded by Vice Mayor Romelus. 13 Page 476 of 1256 Meeting Minutes City Commission Meeting Boynton Beach, Florida February 5, 2019 ..........................I -...........--...................... ....................................................................................................................................... . .........................................................................I..........-.1-.......................................................... ...........................- ........................... Clerk Pyle called the roll. Vote 5-0 PROPOSED ORDINANCE NO.19-005 - FIRST READING Approve the Comprehensive Plan's Future Land Use Element text amendment to delete the Boynton each all DRI from the list of DRI-classified sites. Applicant: City- initiated. Staff Requests item be tabled to 2/5/19. Attorney Cherof read Proposed Ordinance No. 19-005 by title only on first reading. Motion Commission cCray moved to remove Ordinance No. 19-005 from the table. Seconded by Vice Mayor Romelus Vote The motion unanimously passed. Motion Commissioner cCray moved to approve. Seconded by Vice Mayor Romelus. Hanna Matras, Senior Planner indicated this was the first step towards the future development of Boynton each mail. This was a City initiated item, which includes two components. The first was the Boynton each Mail's Future Land Use Map Amendment from Development of Regional Impact (DRI) to Mixed Use Low (MXL) and the Comprehensive Plan's Future Land Use and delete the Boynton each all DRI from the list of DRI-classified sites. Ms. Matras noted this was just for the Land Use Amendment. There was no application for rezoning or for the Master Plan or Future Development for the mail. Ms. Matras showed the ownership of the Boynton each all, there are five other owners other than the City of Boynton each. Boynton each all, LLC (owned by Washington Prime Group, LLC)—four(4) parcels; remaining parcels owned by Macy's Florida Stores, LLC; Regional Enterprises, LLC; Dillard's, Inc.; Istar Florida 2015 Cinemas, LLC; and Christ Fellowship Church, Inc. Ms. Matras provided a time line of the all. Ms. Matras noted the proposed FLUM amendment would be compatible with the nearby properties. This would incorporate commercial uses of small and large retail as well as 14 Page 477 of 1256 Meeting Minutes it Commission Meeting Boynton Beach, . Floda February 52019 I..............................................................................................ri............ ......................................................... .................................................................... .............................. ...................................................................................................­­­ ,-................... residential uses of single-family, multi-family and mobile homes. Proposed FLU category of MXL covers 80 acres of Boynton Village and indicated the MXL would replace the DRI classification of Renaissance Commons when the current DRI expires. Commissioner Katz wanted to applaud the City for connecting with the owners. The all needed to be developed. Expressed malls have declined over the years. Added when these open spaces become vacant, it becomes a place where crime increases. Indicated this would be a nice vitalization for the City. This was an opportunity for residential and commercial use. Thanked the owners and the City. Mayor Grant stated that the Malls of the 80's are gone; the City needs to revitalize the area. The City was working with the business community, foreshadowing problems, by fixing those problems. The City has the ability to have commercial space, making Boynton Beach Better. Vice Mayor Rorals echoed Commissioner Katz's comments and commended staff on their foresight. Thanked the owners for thinking outside of the box, than the norm. Stated the City has some fantastic success coming towards the eastside of Boynton each with the development of Town Square, and now the City can expand on the success, which was already happening on Congress corridor. She was excited to see what was of to happen next. Commissioner Mcry stated the all was part of his history. Clerk Pyle called the roll. Vote 5-0 B. PROPOSED ORDINANCE NO. 19-001 - FIRST READING -Approve Country Trail PUD annexation (ANEX 19-001) Applicant: M2D Country Trail, LLC (Applicant request postponement to March 19, 2019) PROPOSED ORDINANCE NO. 19-002 - FIRST READING -Approve Country Trail PUD Future Land Use Map amendment from Palm each County's Medium Residential with a maximum density of 5 du/acre (MR-5) to Low Density Residential (LDR) with a maximum density of 7.5 du/acre. Applicant: M2D Country Trail, LLC (Applicant request postponement to March 19, 2019) PROPOSED ORDINANCE NO. 19-003 - FIRST READING - Approve Country Trail PUD rezoning from Palm each County's AR, Agricultural Residential, to PUD, Planned Unit Development. Applicant: M2D Country Trail, LLC (Applicant request postponement to March 19, 2019) 15 Page 478 of 1256 Meeting Minutes City Commission Meeting Boynton Beach, Florida February 5, 2019 ............................................____ ­­........... I................. ...................... ........... ............................................................................................................................................................ ......................................I ....................I--............... C. Approve Country Trail PUD New Site Plan to construct a new development with 26 two-story single-family residences and associated site improvements on a 5.17 acre site. Applicant: M2D Country Trail, LLC. (Applicant request postponement to March 19, 2019) 9. CITY MANAGER REPORT A. Discuss sending a City Commission representative to PBC Days on March 5- 6, 2019 and authorize travel accordingly. Additionally, the PBC Legislative Action Days will be held March 26-27 in Tallahassee. The Commission may want to consider attending this event as well. Mayor Grant requested authorization for any of the Commission to travel to Tallahassee during the legislative session. Mentioned he would not be able to make the Palm each County days or the legislative action days. He would like to go to Tallahassee, if possible to speak with the legislators, to make sure the City appropriations are not omitted. Commissioner cCray stated this year was a hard task to decide who would be going. This year there are four vacancies. Stated the individuals on the dais may be campaigning. There was consensus to authorize the City Commission for travel and two nights of legislative session. City Manager LaVerriere indicated the City Manager's office would bring their legislative priority list. Motion Commissioner Katz moved to approve. Commissioner cCray seconded the motion. Vote The motion unanimously passed. B. Consider disposition of the following city owned land: 1. Vacant Land (SW 1st Ct) (Adjacent to Leisureville) (PCN #08-43-45-29- 00-000-1040. Lori LaVerriere, City Manager indicated the City received an offer to purchase the land by a developer. Colin Groff, Assistant City Manager informed the Commission a letter of interest (1-01) from a developer to construct 12 homes on the vacant property adjacent to Leisureville 16 Page 479 of 1256 Meeting Minutes City Commission Meeting Boynton Beach, Florida February 5, 2019 .........................................................I....................................................................................................................................................................................I...........I............ .........................11.....................11............................................................................................................ was received. Explained based on the City policy there are three options available. The first option was to agree with the letter of interest and authorize staff to negotiate with the developer. The next option was to direct staff to market the property through a real estate agency. The third option was to reject the LOI. Mr. Groff stated it was up to the Commission to decide which direction to proceed. Commissioner Katz asserted preserving this area as green space/park was something he would like to pursue. Commissioner cCray responded the City does not have an urgency for selling the land. He was not in agreement with selling the land. Vice Mayor Romelus agreed with both Commissioners. Mayor Grant agreed with Commissioner cCray to reject the letter of intent. Motion Commissioner cCray moved to reject the Letter of Interest for vacant land adjacent to Leisureville. Commissioner Katz seconded the motion. to The motion unanimously passed C. Authorization for City Manager to enter into Purchase and Sale agreement subject to City Attorney's approval of form and format for the following City owned property: 1. Vacant Lot (SW 24th Ave) (PCN #08-43-45-32-01-002-0110) Colin Groff, Assistant City Manager described the property as unbuildable and adjacent to a single family home. The homeowner has offered to purchase the property for $200. The purchase price was below the appraised value. As stated before there are three options. The first option was to agree with the letter of interest and authorize staff to negotiate with the homeowner. The next option was to direct staff to market the property through a real estate agency. The third option was to reject the LI. Mr. Groff stated it was up to the Commission to decide which direction. Mr. Groff stated the Commission has the authority to accept or reject the offer. Mayor Grant inquired as to the yearly cost of maintenance of the property. Ms. LaVerriere replied the maintenance cost yearly was $1,500. Mayor Grant asked how long the City has owned this property. Mr. Groff replied he did not know the date, but indicated the property had been acquired during the road widening with Department of Transportation (DOT). 17 Page 480 of 1256 Meeting Minutes City Commission Meeting Boynton Beach, Florida February 5, 2019 ...........................................................................................................I............................................................................................................................................................................................ ................... .......................................................................................................... ­­. Commissioner Katz stated the City needed to develop a uniform policy for disposing of vacant land, which does not have any value to the City, only to the owner of the adjacent property. Vice Mayor Romelus recommended staff to develop a policy regarding vacant lands. Mayor Grant stated the current standard policy was a letter of intent, and if it were below the appraised value, would need a supermajority. He believed this standard was reasonable. Indicated the City will not sell a non-buildable lot to someone who could not use it, if the adjacent property owner does not want it. Commissioner cCray stated it was still green space. Stated the city has been taking care of the lot for many years. He was not in favor of selling this property. When the homeowner sells the property, they could possibly receive a nice sum Commissioner Katz stated any sale price could trigger other homeowners to come and request a non-buildable lot for small sums of money. He would like to earmark the funds used for some community good. Vice Mayor Romelus agreed with Commissioner Katz with the expanding of the current policy. Create a clarification on the current policy, especially with a property which has been appraised at $10,000. As an example, the policy could state the Commission would not entertain any amount less than 25% of the appraised value. Mayor Grant stated the land was currently a liability to the City. Stated this was a win/win situation. Mayor Grant said the CRA has given property away for must less than the appraised value. The City will receive money every year instead of paying for maintenance of the property. It would now be up to the property owner to maintain the property. Commissioner cCray stated $200 was a slap in the City face. The City has been paying $1,500 for the maintenance of the property for a while. They need to negotiate a different amount. Brittany Bumgardner, 715 SW 24 Avenue, lived in the home for 10 years. Informed the Commission the roots from the tree has caused damaged to her plumbing. It would cost money to clean and maintain the property. She was taking on a huge liability obtaining the property. Commissioner Katz noted in the absence of a policy, he was in favor of supporting the sale of the property for 10% of the Palm each County assessed value. Vice Mayor Romelus replied that would be $1,069. Commissioner Katz stated he could see accepting anything under$25,000 for 10% below appraised value, if the property has no value to the City. Vice Mayor Romelus was in agreement with the 10% of the assessed value. 18 Page 481 of 1256 Meeting is City issiMeeting Boynton Beach, FloridaFebruary Ms. Burngardner noted she paid for an appraiser. The appraiser stated he could not place a value on the property because it was unuildable. The last appraiser the City had was prior to 1-95 being built. The City appraisal came in at $16,800. Vice Mayor Romelus requested clarification on what was the purchase price being based on. Ms. LaVerriere responded the last formal appraisal came in at $16,800. Ms. LaVerriere explained the Palm Beach County Property Appraiser has an assessed and a market value assigned to the property. The actual appraisal of the land came in higher. Mayor Grant inquired of the cost of the appraisal. Ms. LaVerriere responded $750. Mayor Grant stated there was an offer on the table for 10% of the appraised value. Mayor Grant inquired of the property owner if that was something, which was agreeable, with a payment plan. Ms. Bumgardner asked what the total amount she was responsible for was. Mayor Grant replied the amount would be $1,069. Commissioner McCray inquired what the final selling price was. Vice Mayor Romelus stated $1,069. Motion Commissioner Katz motioned to accept 10% of the Palm Beach County Property assessed value, as the purchase price. Vice Mayor Romelus seconded the motion. Vote -1 (Commissioner McCray dissenting) D. Discuss disposition of the following City owned property: 1. 2240 South Congress Avenue (PCN 08- 3- 5-32-00-000-3030) Colin Groff, Assistant City Manager, received a statement of interest from a local company. They made an offer to convert the building into their showroom. The appraised value was $413,000; the company offered $300,000. Mr. Groff informed the Commission the building needs a lot of work. The building is currently occupied by the Police Department for storage. As stated before there are three options. The first option was to agree with the letter of interest and authorize staff to negotiate with the homeowner. The next option was to direct staff to market property through a real estate agency. The third option was to reject the LI. Mr. Groff stated it was up to the Commission to decide which direction. Mr. Groff stated the Commission has the authority to accept or reject the offer. 19 Page 482 of 1256 Meeting is City isi Meeting Boynton Beach, Florida r1-1 1 -- Mayor Grant stated the City currently uses this building for the police department storage. If the Commission accepted this offer, the police department would need to find new facility for storage until a new facility is built. He would like to reject the LI until a new facility for the police department and move forward with the realtor to market the property. Vice Mayor Romelus noted the Palm Beach County Property Appraiser assessed value was $623,000, but Advanced Assessment was $413,000. Mr. Groff responded he was not sure why the price was more through the Tax Assessor's office. Research was needed; he guessed it could be the property was appraised as commercial. Vice Mayor Romelus stated the offer was$300,000, suggested the City negotiate the time to turn over ownership and move forward. Based on the previous item, the City has given land away for much less. Commissioner McCray stated he was not in favor of selling this piece of property. Inquired of Chief Gregory if the City sells this property would there be room at the new fire station. Chief Gregory responded it was possible to relocate staff to other facilities. In regards to the storage, there are some opportunities to consolidate storage once the new facility is built with the exterior garage component. Commissioner McCray asked if the stored items have any use. Chief Gregory replied the items being stored have use. Vice Mayor Romelus requested clarification of whether time was not a factor with moving out of the building. Chief Gregory indicated time was a factor. Staff maybe relocated to another leased facility or the City can delay the transfer of property to the purchaser. Vice Mayor Romelus asked if the City needed the facility. Chief Gregory replied the property was required. Motion Commissioner Katz motioned to reject the offer. Commissioner McCray seconded the motion. Vote The motion unanimously passed 10. UNFINISHED BUSINESS —None 20 Page 483 of 1256 Meeting i City i iMeeting FloridaBoynton Beach, , 2019 11. NEW BUSINESS A. PROPOSED RESOLUTION NO. R19-015 - Approve and ratifyCollective Bargaining re en for the Boynton Beach Fire Fighters and Paramedics, IAFF Local 1 1 and the City. Mayor Grant read Resolutiono. R19-015 title only into the record. Motion Vice Mayor Romelus moved to approve. Commissioner Kelley seconded the motion. Commissioner McCray inquired if everyone was satisfied with the outcome of the negotiations. Julie Oldbury, Directorof Human Resources and Risk Management responded both sides came to an equitable agreement. She recognized Fire Union President Shawn Weeks, who negotiated the contract, acknowledged he put in countless hours of dedications. Vice Mayor Romelus commended the Fire Union and staff. Stated negotiations are through, and it has been a long conversation. The Firefighters are fighting for the City as well as for their family. Vote The motion unanimously passed B. Discuss new mobility options for potential implementation in the City including electric vehicle infrastructure, car sharing, e-scooter sharing, etc. Mayor Grant read the item into the record and stated he was very excited about the mobility option. Colin Groff, Assistant City Manager, indicated staff was here to gauge and receive feedback from the Board and requested guidance and direction to move forward. Mr. Groff provided information on different types of shared mobility. Stated a shared use system allows users to access transportation services on an as needed bases. There are options such as bike sharing, car sharing, ride sharing, public transit, and micro transit. These are some of the shared mobility concepts, which will help with the traffic on the road. Indicated smart mobility means using an app on the telephone to request transportation. Mr. Groff stated this was a seamless technology, which was intelligent, efficient, flexible, and integrated into transportation systems which uses advanced information and 21 Page 484 of 1256 Meeting Minutes City Commission Meeting Boynton Beach, Florida February 5, 2019 ......................................................................I.............................................................................................................................................................................................................................................................................-............................................................................................................. communication technology. The energy was coming off the grid instead of coming from fossil fuel. The grid was powered by fossil fuel, but much more efficient to create electricity off the grid than from combustible engines. Mr. Groff stated the future was to reduced reliance on fossil fuel, reduce carbon emission, decrease congestion, fewer parked cars. Mr. Groff confirmed the City approved a bike-sharing program; Sky Bikes would provide e-bikes, which are electric assisted peddling bikes. Stated these are docked bikes. There are different types of scooters. Electric scooter sharing kick scooter, motor scooters, usually dock-less. Returned to rest nest, max speeds of 15-30 mph. There are option for regulations. More options are the ride-sharing express pool. Electric car sharing, there is a car and a nest. EV charging stations for shared cars some station reserved for public charging with a fee, may also integrate ridesharing. Currently staff was working on some LDR's. Redevelopment projects would need to incorporate EV charging stations, and this would be a requirement in development. Mr. Groff stated he wanted to develop an ordinance if directed to regulate the EV infrastructure. Sustainability standards should incorporate the new LDR's, new development, redevelopment projects must incorporate a specified number of sustainable development options. Mr. Groff requested approval of the Commission for staff to begin looking at vendors for maintaining EV equipment on City property. Commissioner cCray inquired what would be in place by the summer. Mr. Groff replied the electric bikes, and the company would have the docking stations in place by the summer. Commissioner cCray asked where the docking stations were located. Mr. Groff indicated the company has provided 10 sites. Commissioner Katz stated he was in support of moving forward with the exception of scooters. If you are a tourist, it was great, but as a resident, it was terrible in the City and the residents are opposed to them. Mr. Groff stated it works if there is a network of bike lanes and the City does not have the necessary bike lanes. Commissioner cCray asked who assumes the liability of the e-bikes. Mr. Groff replied the third party renting them as well as the person who rents the bike. Vice Mayor Romelus agreed with Commissioner Katz regarding scooters. She was not in favor of the scooters. Mayor Grant stated he personally would love to try a scooter. Currently scooters are not allowed on the sidewalk. Mr. Groff replied he believed this was correct. 22 Page 485 of 1256 Meeting i City isiMeeting Boynton Beach, Floridar 1 Ms. LaVerriere noted, as a matter of information, with the legislative agenda there was legislation which was introduced to preempt the local authority to regulate at the local level restrictions on electric scooters, anything more than what was regulated for bicycles. Mayor Grant asked if the City could create legislation before the preemption. Ms. LaVerriere replied it was doubtful. Attorney Cherof indicated not the way the draft language has been proposed. Mayor Grant asked if the City could try to get the legislation passed and see if the City could be preempted. Noted with the short-term rentals, the legislation allowed the preemptions from Key West and other cities, which had the legislation on the books before. Attorney Cherof responded it does not take much to draft it or the Commission to approve. Mayor Grant asked if there was a consensus to draft before the there was a preemption. Commissioner Katz requested clarification of the prohibition of ride-sharing companies renting scooters, not the ownership of scooters. Vice Mayor Romelus requested clarification of what was being requested. Mayor Grant stated the City would create an ordinance to prohibit scooters. Once the legislation passes the City would not be able to prohibit the use of rental scooters in Boynton Beach. There was a consensus. Mayor Grant was excited about Uber pool. Interested in working with Uber and Lift. Suggested moving forward with an RFQ for the electric vehicle sharing. Wanted the same type of charging stations for the entire City. Vice Mayor Romelus stated she wanted to be compatible with other cities. Allows merging with other cities within Palm Beach County. Major Grant indicated if other cities have an outstanding 's the City would try to piggyback. Commissioner McCray asked about an age limit for the rental of the scooters. Mr. Groff stated all of these companies would have age limits. Commissioner McCray asked about children receiving scooters as gifts. The children are riding in the streets. Mr. Groff responded that was not part of this item. There was current regulations for this type of activity. Commissioner McCray said he was looking ahead. He was looking at the safety issue. Commissioner Kelley asked what company was coming in. They have a cycling professional, which maintained their bikes. Asked if this was the same service the City would receive. Mr. Groff stated they are using the same company, SkyBike the only difference was it was electric assist bikes. 3 Page 486 of 1256 Meeting Minutes City Commission Meeting Boynton Beach, Florida February 5, 2019 ............................................................................................................................................................................................................................................................................................... ..................................................................................................................................................... Mr. Groff stated staff are working on the LIDR's. The City would need some EV charger stations for Town Square. Mayor Grant asked Attorney Cherof to have a document drawn up before the legislative session. Attorney Cherof responded he would do so ASAP. C. Approve the request of Vice Mayor Romelus to donate $250.00 of her Community Support Funds to the Girls Scouts of Southeast Florida Inc. Mayor Grant read the item into the record. Motion Commissioner cCray moved to approve. Commissioner Kelley seconded the motion. Joan Celestin, Leader for Troop 24205, advised the Girl Scout was volunteer organization. The sale of cookies provide revenue for any different learning activities. Ms. Celestin thanked Vice Mayor Romelus for her generous donation. Jana Pierre Girl Scout of Troop 24205 said she liked learning leadership and business skills. Vice Mayor Romelus stated the Girls Scouts are making excellent leaders out of young girls. Vote The motion unanimously passed D. Parking of 18 wheelers Commissioner cCray stated it has become a trend to park in City residential areas. Because the 18-wheelers can no longer park at Sam's, Walmart or BJ's. The City needs to have an ordinance since those streets are very narrow. Emergency vehicles may not be able to pass if needed. The Commission needs to be proactive and head off the problem before there are major problems. Suggested to have an ordinance retracting the parking of 18-wheelers in a residential area. Mayor Grant responded this was the first time he heard of this and was not aware of rules regarding 18-wheelers. Ms. LaVerriere indicated she would direct staff to research this issue. Mayor Grant asked if the current vendor was able to tow these 18-wheelers. Ms. LaVerriere indicated she believed so. 24 Page 487 of 1256 Meeting i City isiMeeting Boynton Beach, Florida r 1 1 . LEGAL A. PROPOSED ORDINANCE . - - PUBLIC HEARING - Approve modifications to parking requirements (CDRV 1 -001) - Amending the LAND DEVELOPMENTREGULATIONS, Chapter 4. Zoning, Article V. Minimum Off-Street Parking Requirements, Section 2.A. & B., to revise parking requirements for residential uses. City initiated. Attorney Cherof read proposed Ordinance No. 1 -006 into the record on the second reading by title only. Motion Commissioner Katz moved to approve. Commissioner Kelley seconded the motion. Mayor Grant mentioned in public comment a resident mentioned pervious or permeable parking, asked if this ordinance would allow for this. Mr. Groff responded this ordinance does not address permeable or pervious parking. Mayor Grant opened the issue to the public. Seeing no one coming forward, closed public comment. Clerk Pyle called the roll. Vote -0 B. PROPOSED ORDINANCE . - - SECOND READING - PUBLIC HEARING - Approve modifications to shed requirements (CDRV 1 -002), amending the Land Development Regulations, Chapter 3. Zoning, Article V. Supplemental Regulations, Section &E., to increase potential siting locations for permanent sheds and storage structures. City initiated. Attorney Cherof read proposed Ordinance No. 1 -007 into the record on the second reading by title only Motion Commissioner McCray moved to approve. Commissioner Kelley seconded the motion. Mayor Grant opened the issue to the public. Seeing no one coming forward, closed public comment. Clerk Pyle called the roll. 25 Page 488 of 1256 Meeting i City i iMeeting Boynton Beach, i 1 Vote 5-0 C. PROPOSED ORDINANCE NO 19-008 - SECOND READING - PUBLIC HEARING - Approve a revision to Chapter 6-508 adding subsection (d) to allow the City Manager or Utility Director to execute large user reclaimed tr agreements for reuse customers. Attorney Cherof read proposed Ordinance No. 19-008 into the record on the second reading title only. Motion Vice Mayor Romelus moved to approve. Commissioner McCray seconded the motion. Mayor Grant opened the issue to the public. Seeing no one coming forward, closed public comment. Clerk Pyle called the roll. Vote 5-0 D. PROPOSED ORDINANCE - - FIRST READING - Approve changes to Chapter 1 , Article IV, Pensions for Firefighters Attorney Cherof read proposed Ordinance No. 1 -009 into the record on first reading by title only Motion Commissioner McCray moved to approve. Vice Mayor Romelus seconded the motion. Mayor Grant opened the issue to the public. Seeing no one coming forward, closed public comment. Clerk Pyle called the roll. Vote 5- E. iss adoption of anti-lobbying ordinance applicable to City Board Members. (Tabled by Commissioner 26 Page 489 of 1256 Meeting Minutes City Commission Meeting Boynton Beach, Florida February 5, 2019 ................I...................................................................................... ......................................................-........................................................................................................... ................................................................................................................................ ....................-............................ F. Approve negotiated settlement in the amount $50,000 in the case of Leif Broberg v. City of Boynton each. Mayor Grant read the item into the record. Motion Commissioner Katz moved to approve. Seconded by Commissioner cCray. Mayor Grant opened the issue to the public. Seeing no one coming forward, closed public comment. Vote The motion unanimously passed Mayor Grant wished everyone a Happy Chinese New Year. 13. FUTURE AGENDA ITEMS A. Department to give brief presentation of their operations Police - March 2019 Fire - May 2019 B. Commission wants to discuss public safety as it relates to the Town Square Redevelopment - June 2019 C. Staff to review Development Department's plan review processes to identify efficiencies and technologies to assist with timely review of plans/projects - r 2019 D� The Mayor has requested to discuss possibility of putting together a Veteran's Task Force to assist with veteran events - February 19, 2019 E. Discuss and approve the 2019 Legislative Priority Agenda for the City- February 19, 2019. 15. ADJOURNMENT Motion There being no further business to discuss, Commissioner cCray moved to adjourn. Vice Mayor Romelus seconded the motion. 27 Page 490 of 1256 Meeting Minutes City Commission Meeting Boynton Beach, Florida. February 5, 2019 ............I...........I......................................... ........................................... ..............................................I......................................................... .............................. .................................................................................................................... ................ .............................................. Vote The motion unanimously passed. The meeting adjourned at 8:59 p.m. CITY OF BOYNTON BEACH Mayor- Steven B. Grant Vice Mayor - Christina Romelus Commissioner- Mack McCray Commissioner—Justin Katz Commissioner—Aimee Kelley ATTEST Judith A. Pyle, CMC City Clerk Queenester Nieves Deputy City Clerk 28 Page 491 of 1256 7.A. BIDS AND PURCHASES OVER$100,000 2/19/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 2/19/2019 REQUESTED ACTION BY COMMISSION: Approve Task Order UT-3A-01 with GlobalTech, Inc. in the sum of$197,015.20 in accordance with RFQ No. 047-2821-17/TP, General Consulting Services Contract, Scope Category A awarded by Commission on September 7, 2018 for West Water Treatment Plant Scale Inhibitor and Acid Reduction Pretreatment Study. EXPLANATION OF REQUEST: The City of Boynton Beach Utilities desires to investigate the opportunity to improve membrane pretreatment for the West Water Treatment Plant. Currently, the nanofiltration membrane pretreatment consists of sulfuric acid, scale inhibitor and cartridge filtration. Under this task there will be an evaluation of reduction or elimination of sulfuric acid for pH adjustment which may also require a change in the existing scale inhibitor chemical being used. Acid reduction or elimination may improve safety for the treatment plant staff as well as realize operational cost savings. In addition, as part of this task, an investigation on using sand filtration prior to cartridge filtration will be performed. Sand filtration may reduce particle loading and provide microbiological stability for the membrane elements, extending the useful life of the membranes. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The outcome of this study may result in safety improvements as well as operational improvements regarding production of drinking water from the West Water Treatment Plant. FISCAL IMPACT: Budgeted Budgeted funding is available in Utilities account 403-5000-533-65.02. Project No. WTR022. ALTERNATIVES: This purpose of this study is, in fact, to look for alternatives to improve treatment and safety at the West Water Treatment Plant. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Page 492 of 1256 Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Task Order Task Order UT-3A-01 West Plant Pretreatment D Contract General Consulting Contract® Globaltech Page 493 of 1256 TASK ORDER#UT-3A-01 CITY OF BOYNTON BEACH GENERAL CONSULTING SERVICES SCOPE OF WORK FOR WEST WATER TREATMENT PLANT SCALE INHIBITOR AND ACID REDUCTION PRETREATMENT STUDY INTRODUCTION The City of Boynton Beach (CITY) entered into an AGREEMENT entitled General Consulting Services RFQ No. 047-2821-17/TP (CONTRACT) with Globaltech, Inc. (CONSULTANT) to provide engineering services for various general activities, approved by the Boynton Beach City Commission on September 7, 2018. This Task Order will be performed under that AGREEMENT. SCOPE OF SERVICES The CITY desires to investigate the opportunity to improve membrane pretreatment for the existing nanofiltration (NF) membrane process at the West Water Treatment Plant. Currently, the NF membrane pretreatment consists of sulfuric acid, scale inhibitor, and cartridge filtration. The CITY has requested that the University of Central Florida (UCF) staff (as a SUBCONSULTANT to CONSULTANT) evaluate the reduction or elimination of sulfuric acid for pH adjustment, which may require a change in the existing scale inhibitor chemical being fed ahead of the NF membrane process. The CITY also desires to investigate the use of sand filtration prior to cartridge filtration to reduce particle loading and provide microbiological stability for the membrane elements. The project will involve bench scale, pilot scale, and desk-top evaluations. The project will include the following work: Administrative Services • Project Management — this task includes activities required to administer the project including subcontract preparation, scheduling and coordination of activities between the CITY, CONSULTANT, and SUBCONSULTANT. A kick off meeting will be conducted at the inception of the project to establish communication protocol, schedules, CITY goals for the project, and CITY staff involvement. Meeting minutes will be prepared and distributed by CONSULTANT. A membrane pilot system (rented pilot plant provided by SUBCONSUTANT) coordination meeting will also be conducted to discuss the pilot system requirements, delivery, setup location, installation, and operation. The pilot plant vendor will be consulted to determine the minimum required electrical and raw water supply requirements for the pilot equipment. Coordination will be required between the CITY, SUBCONSULTANT, and pilot plant vendor during mobilization and start-up activities. • Meetings and Communication — this task will allow for CONSULTANT or SUBCONSULTANT to travel to the CITY's WTP for meetings, conduct data collection and perform process site visits. It is anticipated that at least three project on-site meetings and sixteen on-site pilot/bench investigations will be required for this project. One of the site visits will serve as a Project kick-off meeting with the CITY, CONSULTANT and SUBCONSULTANT. Communication will be in the form of e-mail, express mail, conference calls and phone calls. 1 Page 494 of 1256 Research Services The following Tasks are summarized below. More specific details for each Task can be found in the attached SUBCONSULTANT's Research Scope of Services. • Information Gathering, Mobilization, and Planning — SUBCONSULTANT will review CITY previously provided process data and information. The data will be reviewed and updated to determine if any major changes have occurred in the process. It is anticipated that the pilot testing will rely on the membrane elements make, model and type that will be installed by the CITY. The CITY is anticipated to solicit bids for the WTP's membrane replacement by January/February of 2019. • Bench-Scale Pretreatment Study Component— Prior research by SUBCONSULTANT has shown an increase in the amount of solids (particle) loading due to increased flow demands of the groundwater wells to meet the East WTP water needs. For this Task, a bench-scale monomedia sand filter will be evaluated as an additional pretreatment step ahead of cartridge filters currently in use at the plant. The testing will require several months of on-site data collection on site at the West WTP. Flow and pressure data will be collected per a detailed protocol to be provided to CITY and CONSULTANT by SUBCONSULTANT. This component of the work will evaluate the following conditions: 1. Baseline condition with current pretreatment chemicals with cartridge filter (no sand filter); 2. Sand filter baseline condition with current pretreatment but sand filter inserted between chemical feed and cartridge filtration; 3. Sand filter no-acid feed condition with existing scale inhibitor followed by cartridge filtration; 4. Sand filter no-acid feed condition with alternative proprietary scale inhibitor followed by cartridge filtration. Water samples may also be collected at specific locations and transmitted to SUBCONSULTANT's laboratories for analysis. Up to four cartridge filters collected at the end of the bench-scale evaluation will be retrieved after process testing and will be autopsied. • Pilot-Scale Scale Inhibitor and Acid Reduction Study Component — This Task will evaluate the CITY's desire to eliminate sulfuric acid as a pretreatment chemical. Current NF plant operation relies on the use of sulfuric acid to a feed water pH 6.8 and a proprietary Nalco scale inhibitor for fouling/scaling pretreatment control. The evaluation will address the change in chemistry from eliminating acid and pilot test two scale inhibitors (AVISTA, CA and AWC, Lakeland, FL). A membrane pilot plant will be rented by the SUBCONSULTANT for at least 3 months (3-week startup) to conduct the scale inhibitor evaluation. The pilot plant will utilize 4-inch diameter membranes in a two-stage system. The same membranes selected in the CITY bidding processes will be obtained and used for testing. The cost for the pilot membranes are set aside in an allowance ($6,500) to be utilized if the membranes cannot be obtained at no cost. The CITY will be responsible for providing adequate water connections and electrical service for the equipment used for pilot testing. Limited front end and tail end membrane forensic analysis may be performed to evaluate effectiveness of operating with acid and sole reliance on scale inhibitor. Limited autopsy examinations may include the use of Fourier transform infrared spectroscopy (FTIR), scanning electron microscopy (SEM) and targeted energy dispersive X-ray analysis (EDS) where applicable with respect to the membrane surface morphology. If additional feed-pressure is required by pilot then CITY will provide the necessary booster pump and appurtenances required to supply the feed flow and pressure for the pilot plant. 2 Page 495 of 1256 Feed pressures should range between 100 and 150 psi. The factors used to evaluate the membrane performance of both inhibitors will include inorganic and organic removal, fouling trends, flux decline, salt passage, pressure changes and flow trends. The membrane elements should be cleaned in accordance to manufacturer's specifications when required as well as between each scale inhibitor screening. • Secondary Impact(Post-Treatment) Study Component—This Task will investigate the implications acid elimination could have on the post-treatment of NF permeate based on a desk-top study supplemented with water chemistry collected by UCF and operations data provided by CITY. The turbidity of post-treatment could be impacted by modifications to pretreatment; these effects will be discussed and the chemistry associated with such a change will be investigated. This component of the study will explore possible impacts on finished water quality, with particular regards to the Stage 2 Disinfectant/Disinfection By- Products Rule, Lead and Copper Rule, and Total Coliform Rule taking into account chlorine residual decay. Reporting • Technical Report TR-1. Bench-Scale Report Preparation and Reviews - SUBCONSULTANT will compile the information, analytical results, notes and observations gained in the bench-scale phase of research and perform data analysis on the collected information as well as existing available CITY data and prepare a Draft Report for the bench-plant phase of work and deliver to CITY and CONSULTANT for review. The CITY will provide review comments to CONSULTANT the within two weeks of receipt of the Draft Report. • Technical Report TR-2. Pilot-Plant Report Preparation and Reviews — SUBCONSULTANT will compile the information, analytical results, notes and observations gained in the desk-top evaluation components of the research and perform data analysis on the pilot-plant collected information as well as existing available CITY data and prepare a Draft Report and deliver to CITY and CONSULTANT for review. The CITY will provide review comments to CONSULTANT within two weeks of receipt of the Draft Report. • Technical Memorandum TM. Secondary Impacts (Post-Treatment) - SUBCONSULTANT will compile the information, analytical results, notes and observations gained in the desk-top evaluation components of the research and perform data analysis on the collected information, as well as existing available CITY data, and prepare a TM and deliver to CITY and CONSULTANT for review. The CITY will provide review comments to CONSULTANT within two weeks of receipt of the TM. • Final Report Preparation and Delivery — SUBCONSULTANT will collect the CITY and CONSULTANT review comments of the Draft bench-phase report(TR1), Draft pilot-phase report (TR 2), and TM (desk-top) and revise accordingly into one combined format prior to submitting a Final Report and deliver to CONSULTANT and the CITY; one master copy of the Final Report and one electronic copy will be provided to CONSULTANT and the CITY. CONSULTANT will distribute hard and electronic copies of the Final Report to the CITY. PROJECT PERSONNEL The CONSULTANT proposes Troy Lyn, P.E., to serve as the project manager and technical reviewer of this project. At the request of the CITY, University of Central Florida —Civil, 3 Page 496 of 1256 Environmental and Construction Engineering Department (UCF — CECE) will conduct the data collection and process evaluation. This team will be led by Dr. Duranceau (UCF Principal Investigator), Dr. Sadmani (Co-principal Investigator) and graduate students. DELIVERABLES CONSULTANT will prepare the following deliverables as part of this Task Order: ® TR1. Draft Bench-Scale Report —August 15, 2019 ® TR2. Draft Pilot-Scale Report— October 15, 2019 ® TM. Draft Desk-Top Evaluation Report— December 15, 2019 ® Combined Final Report— February 15, 2019 ASSUMPTIONS 1. A Notice to Proceed is issued by January 4, 2019. 2. The CONSULTANT and SUBCONSULTANT will have access to membrane building as needed. 3. The CITY will provide personnel to assist and support research study as requested. 4. Sample collection and water quality analyses will be performed in strict accordance with Standard Methods for Examination of Water and Wastewater and the Environmental Protection Agency's Methods for Chemical Analysis of Water and Wastes and Methods and Guidance for the Analysis of Water. 5. CITY will provide written comments on DRAFT reports within two weeks of receipt. 6. CITY agrees to waive the requirements of Section 10.2 of Article 10 to the CONTRACT with CONSULTANT. SUBCONSULTANT for this Task Order is a nonprofit state agency that is exempt from professional liability insurance requirements and does not meet the CITY's other insurance limits. COMPENSATION Compensation for this Task Order#UT-3A-01 will be on a lump sum basis for a fee not to exceed $197,015.20 Attachment -A provides the compensation summary for the project. ATTACHMENT — A Compensation Summary ATTACHMENT — B UCF — CECE Proposal (December 18, 2018) AUTHORIZATION Submitted by eckO Inc. By: Troy L. Lyn, PE Title: Executive Vice President Date 12 4 Page 497 of 1256 ATTACHMENT - A Compensation Summary Page 498 of 1256 ++ O O O O O O O O O O O O O O O c O O O O O O O O O O O N N O N M O O Lf O M L. 4 O L. O N 00 O O Lr; a� m O 00 Ln to 1, Ol IPI N Ln 00 O 011 O rq 3 li Ol Ln 00 c-1 lO lO O -:1- Rt N O 00 00 M O V N c-I c-I c-I 00 N N c-I c-I 00 l -:i l0 r� O rl N Rt r, to c-I 00 011 3 N i/)• i/)• i/)• i/)• i/)• i/)• i/)• i/)• i/)• i/)• i/)• i/)• i/� i/� i/� 0 0 0 0 0 0 0 0 0 0 O N O O O O O O O O O O O Cfl 4•+ 6 6 6 6 6 6 6 6 6 Lf Lf1 LO i O Rt c-I c-I c-I c-I N N N 00 N N R O N 00 N N N N Rt Rt Rt Rt to E 0 J N M 0 O O � L � d O O 00 0 0 0 0 0 0 0 0 -1 m a > Q_.I O ++ i Co U m O 3 ._ N .a 4-L a 44- 4-0 L 00 -i -i -i -iN N N NC) N O �, O +, O Q p O N m t a U W � 4l 4l to � Q O ca •� U O fC W a — H c ca O N ~ +j a o r_ 0 m CL i 0 U m fC m O t!} v O Q ++ O w +' ++ w io ai a 3 ° v m m a + , O 4.1ar M m m W W D 4 00 _ — U C7 a CL �n o r- c c m ar — — t N � 'a b o19 -0 u +, m v� -a ai — ai m a D C: c p y 0 0 0 u m m m � +° 0 c° a m a vi D D D v cn Q r-I N r•I N M r•I N M Y Y NN N N M M M M Y Y Y Y Y Y Y Y H H H H H H H H H H ATTACHMENT — B UCF —CECE Proposal (December 18, 2018) Page 500 of 1256 Research Scope of Services 18DEC2018 CITY OF BOYNTON BEACH, FLORIDA WEST NANOFILTRATION MEMBRANE WATER TREATMENT PLANT SCALE INHIBITOR AND ACID REDUCTION PRETREATMENT STUDY Prepared By: il UNIVERSITY OF CENTRAL FLORIDA Civil Environmental and Construction Engineering Department(CECE) 4000 Central Florida Blvd., POB 162450, Engineering Building 2, Suite 211 Orlando, FL 32816-2450 Prepared For: Globaltech Inc. (CONSULTANT) 6001 Broken Sound Parkway, Suite 610 Boca Raton, FL 33487 Prepared on Behalf of: City of Boynton Beach (CITY) 100 East Boynton Beach Blvd. P.O. Box 310 Boynton Beach, FL, 33425 The purpose of this document is to present a description of the research activities that the University of Central Florida (UCF) College of Engineering and Computer Science's Civil, Environmental and Construction Engineering Department(CECE)has been requested to perform on behalf of the City of Boynton Beach (CITY) [100 East Boynton Beach Blvd. P.O. Box 310, Boynton Beach, FL, 33425] through their consultant, Globaltech Inc. (CONSULTANT) [6001 Broken Sound Parkway, Suite 610, Boca Raton, FL 33487; Phone: 561-997-6433]. The CITY desires to investigate the opportunity to reduce the West Water Treatment Plant's (WTP) reliance on sulfuric acid for pH adjustment, which may require a change in the type existing scale inhibitor chemical being fed ahead of the nanofiltration (NF) membrane process. The City hence desires to understand whether or not the WTP can be operated without sulfuric acid pretreatment using an alternative scale inhibitor (SI) chemical (PROJECT). Upon authorization to proceed from the CITY and CONSULTANT, UCF will provide the services described in this document. A. BACKGROUND It is understood that the CITY currently meets the U.S. Environmental Protection Agency's (EPA's) primary and secondary drinking water standards. Also, the CITY maintains an operating goal in producing finished water with a calcium hardness between 60 and 80 mg/L, (as CaCO3), alkalinity between 40 and 50 mg/L, (as CaCO3), color of less than 2 Platinum-Cobalt Units (PCU), and finished water pH between 8.5 and 9.0 pH units to match the finished water delivered by the CITY's East (lime-softening) WTP. The CITY relies on monochloramine for residual disinfection and a proprietary poly/orthophosphate blend (AWC A-782) as a corrosion inhibitor. A schematic representation of a membrane train is shown in Figure 1. Additionally, the CITY's WTP raw and feed water quality are provided in Table 1. Recent data collected indicate that the amount of hardness entering the distribution system is rising due to the aged membrane facilities currently operating. 1 Page 501 of 1256 Research Scope of Services 18DEC2018 Figure 1. Process Schematic (Source:UCF report"West Nanofiltration Membrane WTPProcess Assessment,2018) S.ff.,r. S.e. Add I,,Nbitnr Membrane Feeder Pumps Membrane Feed Water 44h4i Incoming ix,�ix,�ix,ix,��. Groundwater Raw Water Cartridge Wells Filtration --�t" Srxiuunu ffleatde.d .• I r.,MoAte.. N-Phate.. Degasification Vessels _ Z A-b-a Research Scope of Services 18DEC2018 Currently, the CITY's process configuration consists of six parallel 2-stage membrane trains with a permeate production capacity of 1.45 mgd each. The CITY is in the process of bidding for membrane replacement. Pre-treatment of the membrane feed water consists of sulfuric acid dosing, scale inhibitor (antiscalant) addition, and cartridge filtration (five micron). Sulfuric acid is dosed just before the combined raw water pipeline prior to entering the building, Scale inhibitor is dosed downstream of the pH analyzer prior to the cartridge filters, that are oriented in a setup with combined feed and discharge headers. Feed pumps are located just downstream of the raw water bypass take-off in a manifold arrangement. The membrane trains are fed from this manifold system and the flow to each train is controlled by flow meter and control valve. Permeate from each membrane train is combined in a header and transferred to the top of the degasification vessels. The typical degasification feed pH ranges between 6.6 to 6.8; both sodium hypochlorite and polyphosphate corrosion inhibitor can be added to the feed water to the degasifier. B. SCOPE OF SERVICES The CITY desires that UCF conduct an evaluation with regards to the CITY's West Nanofiltration Water Treatment Plant(WTP)to study the following: o Elimination of the CITY's sulfuric acid chemical used for membrane feedwater pH adjustment and assessment of acceptable substitute dispersant scale inhibitor alternatives; o Evaluate the cost and performance of the addition of sand filtration prior to cartridge filtration using a bench-scale assessment technique. o If applicable, identify secondary impacts on identified process modification alternatives. The CITY is motivated to eliminate its dependence on sulfuric acid to reduce operating costs and reduce health and safety risks associated with the use of the acid as a pretreatment chemical. The pilot-scale membrane study is intended to determine the ability of the City's NF process to operate without the use of sulfuric acid pretreatment. The PROJECT is intended to ascertain the impact of not using sulfuric acid pretreatment as well as the use of alternative scale inhibitors on NF process performance (water flux and mass transfer, recovery, pressure drop and flow), solely relying on scale inhibitor. Specific emphasis will be focused on process control and treatment viability using data collected from pilot operations. Phase 100—Project Management, Meetings and Communication Task 101—Project Management and Pilot Plant Coordination This task consists of those needs required for project management including the continued preparation of project task scheduling and coordination of activities with the CITY and CONSULTANT. Coordination of UCF research activities with the CITY and CONSULTANT will occur during the project. Time is also required to coordinate the delivery and installation of the pilot equipment by others. UCF, CONSULTANT and CITY will meet so that CITY requirements for location and for those required materials and supplies needed to provide a suitable NF pilot facility is determined (for example, will a protective structure be required or can the equipment be placed inside a facility within the WTP campus; also, consider electrical service requirements, raw water supply and required appurtenances). The pilot plant vendor will be consulted to determine the minimum required electrical and raw water supply requirements for the pilot equipment. Coordination will be required between the CITY, UCF and pilot plant vendor during mobilization and start-up activities. 3 Page 503 of 1256 Research Scope of Services 18DEC2018 Task 102—Meetings and Communication This authorization will allow for UCF to travel to the CITY's WTP for meetings, conduct data collection and perform process site visits. It is anticipated that at least three project on-site meetings and sixteen on-site pilot/bench investigations will be required for this research project. One of the site visits will serve as a Project kick-off meeting with the CITY and CONSULTANT. Communication will be in the form of e-mail, express mail, conference calls and phone calls. Phase 200—Research Services Task 201:Information Gathering,Mobilization and Planning UCF will review CITY-provided process data and information provided previously under Agreement 16208197 with CONSULTANT specifically associated with operation-related information regarding the WTP's pretreatment system, membrane process, and post-treatment processes. The data will be reviewed and updated to determine if any major changes have occurred in the process. It is anticipated that the testing will rely on the membrane elements make, model and type that is installed by the CITY(anticipated to solicit bids for the WTP's membrane replacement by the end of 2018). Task 202:Bench-Scale Pretreatment Study Component Prior research by UCF had shown that an increase in the amount of solids (particle) loading had been observed due to increased flow demands of the groundwater wells to meet the East WTP water needs. Consequently, in this Task, a bench-scale evaluation using a new membrane element of the exact same model and make that the CITY uses in CITY's ongoing membrane replacement program will be used to evaluate sand pretreatment. A bench-scale monomedia sand filter will be evaluated as an additional pretreatment step ahead of cartridge filters currently in use at the plant(model cartridge filters may either include Filterite 931532; Fulflo Filter 6LMP103-48FKI; or Pall Filter Separation Group 785). Prior work reported that a cartridge filter had been autopsy indicated that the particulate matter captured was comprised predominantly of silica (quartz sand), aluminum (silts/clays) and biological slime. Other minor inorganic constituents included iron disulfide (pyrite),iron and calcium carbonate, and copper sulfide. The benefit of a sand filter would further reduce particulate loading onto the cartridge filters and membrane elements. Furthermore, it has been shown by others (e.g. Jupiter Water Utilities, FL; City of Boca Raton, FL) that additional pretreatment ahead of nanofiltration processes aids to provide microbiological stability and reduced solids loadings on the membrane elements. This component of testing will require several months of on-site data collection on site at the West WTP. Flow and pressure data will be collected per a detailed protocol to be provided to CITY and CONSULTANT by UCF. This component of the work will evaluate the following conditions: 1. Baseline condition with current pretreatment chemicals with cartridge filter(no sand filter); 2. Sand filter baseline condition with current pretreatment but sand filter inserted between chemical feed and cartridge filtration; 3. Sand filter no-acid feed condition with existing scale inhibitor followed by cartridge filtration; 4. Sand filter no-acid feed condition with alternative proprietary scale inhibitor followed by cartridge filtration. 4 Page 504 of 1256 Research Scope of Services 18DEC2018 Certain specific types of data (such as silt density index, pressure and flow rates) will be required to be collected on site; however, water samples may be collected at specific locations and transmitted to UCF's laboratories for analysis. In some cases bulk water samples may be collected on a limited basis from specific locations and returned to UCF labs to evaluate for dissolved organic carbon, alkalinity, hardness and other similar parameters. UCF will coordinate with the CITY so that bulk water samples (5-10 gallons of water per sample event) will be collected and delivered to UCF's laboratories whereupon UCF will conduct a limit number of requisite analysis to screen for TTHM and general water quality parameters (calcium, sodium, chloride, sulfate, iron, bromide, total dissolved solids, UV-254, color/true,pH, temperature and DOC)if required to support PROJECT. Up to four cartridge filters collected at the end of the bench-scale evaluation will be retrieved after process testing by autopsy methods. The autopsies are expected to be conducted by others (to be determined, but could for example include Membrane Forensics [4151 Avenida de la Plata, Oceanside, CA, 92056, ph: 800-914-9072, fax: 760-639-4439, email: support@ MembraneForensics.com], or Avista Technologies [140 Bosstick Boulevard, San Marcos, California 92069, ph. +1.760.744.0536]. It is possible that the CITY may determine to have other entities collect additional information with respect to the pilot plant and will provide such data to UCF, if and when, those instances occur. Task 203:Pilot-Scale Scale Inhibitor and Acid Reduction Study Component The CITY is motivated to eliminate its dependence on sulfuric acid to reduce operating costs as well as reduce operational health and safety risks associated with the use of the acid as a pretreatment chemical. The CITY has requested CONSULTANT and UCF to determine the feasibility of discontinuing the use of acid in the City's existing water treatment process located at their water treatment facilities. This Task has been established to conduct an evaluation of membrane process recovery for a sulfuric acid-free feed water. The evaluation will address limiting salt chemistry and implications of a change in sulfate concentration in the concentrate channel; in addition, carbonate effects on membrane treatment will be discussed as pH will affect carbonate deposition rates in the membrane concentrate channel. Calcium permeation rates will be evaluated and projected as a change in pH will affect divalent mass transfer through the membrane. Calcium and magnesium mass transfer will increase as pH increases due to sulfuric acid elimination, possibly effecting downstream unit operations (with particular respect to hydrogen sulfide). Effects of NOM will be incorporated into the discussion where applicable. The factors used to evaluate the membrane performance of both cartridges will include inorganic and organic removal, fouling trends, flux decline, salt passage, pressure changes and flow trends. The membrane elements should be cleaned in accordance to manufacturer's specifications when required as well as between each scale inhibitor screening. The following tasks will be accomplished during the study: 1) UCF will coordinate and arrange for the rental of a research membrane pilot plant, and membrane provider will deliver to CITY. Specifications associated with the pilot plant are attached to this Proposal as an Exhibit. PROJECT will include CITY training [4-inch diameter membranes] by UCF and pilot plant rental provider (Ham R/O Systems, Inc., Venice, FL; see Appendix A). The pilot will be rented for at least 3 months (3-week startup). The cost of membranes for the pilot will be borne by other, not UCF. The CITY will be responsible for providing adequate water connections and electrical service for the equipment used for pilot testing. 5 Page 505 of 1256 Research Scope of Services 18DEC2018 2) Evaluate two alternative scale inhibitors (AVISTA, CA and AWC, Lakeland, FL) and impact without acid feed ahead of the NF membranes within the UCF-provided pilot plant provided to and operated by the CITY. Limited front end and tail end membrane forensic analysis may be performed to evaluate effectiveness of operating with acid and sole reliance on scale inhibitor. Current NF plant operation relies on the use of sulfuric acid to a feed water pH 6.8 and a proprietary Nalco scale inhibitor for fouling/scaling pretreatment control. The existing system will be compared as best possible for this task. 3) If additional feed-pressure is required by pilot then CITY will provide the necessary booster pump and appurtenances required to supply the feed flow and pressure for the pilot plant. Feed pressures should range between 100 and 150 psi. The factors used to evaluate the membrane performance of both cartridges will include inorganic and organic removal, fouling trends, flux decline, salt passage, pressure changes and flow trends. The membrane elements should be cleaned in accordance to manufacturer's specifications when required as well as between each scale inhibitor screening. 4) Certain (limited) water samples will be collected at specific locations and transmitted to UCF's laboratories for analysis. For example, water samples will be collected from specific locations and returned to UCF labs to evaluate for dissolved organic carbon, alkalinity, hardness and other similar parameters. UCF will coordinate with the CITY so that bulk water samples (5-10 gallons of water per sample event) will be collected and delivered to UCF's laboratories whereupon UCF will conduct a limit number of requisite analysis to screen for TTHM and general water quality parameters (calcium, sodium, chloride, sulfate, iron, bromide, total dissolved solids, UV-254, color/true, pH, temperature and DOC). 5) Both the total recovery and the rejection rate for the system should be noted at least twice daily during the pilot study. A silt density index (SDI) measurement on the raw water should be taken weekly, or when any of the raw wells are turned on or off A bulk sample of the treated feed, permeate and concentrate water should be collected once after stabilization of the membranes during the screening of each scale inhibitor and once at the end of the screening period. The suggested water quality parameters to be monitored for these samples are as follows: pH, temperature, conductivity, turbidity, TDS, total hardness, sulfate, total sulfide, chloride, alkalinity, HPC, total coliform,yeast, mold and fungi. 6) To support this work limited examinations may include the use of Fourier transform infrared spectroscopy (MR), scanning electron microscopy (SEM) and targeted energy dispersive X-ray analysis (EDS) where applicable with respect to the membrane surface morphology. Other techniques may be applied or substituted as time and budget allow. Task 204:Secondary Impact(Post-Treatment)Study Component This study also will include an investigation of the implications that acid elimination could affect on the post-treatment of NF permeate based on a desk-top study supplemented with water chemistry collected by UCF and operations data provided by CITY. The turbidity of post-treatment could be impacted by modifications to pretreatment; these effects will be discussed and the chemistry associated with such a change will be investigated. Packed towers are used for the CITY's post membrane degassifiers to remove carbon dioxide and hydrogen sulfide. In the pH range of 6.0 to 8.0, the predominant reduced sulfur forms are bisulfide (HS-) and hydrogen sulfide (HzS); the sulfide (S-2) form is negligible at ambient pH levels in groundwater. Thermodynamically stable states, both final and quasi, include sulfate (S+6) and colloidal sulfur(S°)under oxidized water conditions. 6 Page 506 of 1256 Research Scope of Services 18DEC2018 Chlorination or oxygenation of ground water containing hydrogen sulfide can result in the formation of elemental sulfur and colloidal polysulfides (which can impart a milky-white turbidity to the water), the removal of which can reduce copper corrosion rates in metallic distribution systems. The use of chlorine to treat elemental sulfur must be conducted at a pH of less than 4.0 pH units; any pH above this value will result in the formation of elemental sulfur which exists in colloidal form and will register as turbidity in the finished water. There are many methods available to remove sulfide contaminants from drinking water supplies. Sulfide removal technologies typically are based on sulfide equilibria and include either: (1) a pH dependent partitioning of hydrogen sulfide; (2), conversion to the thermodynamically stable state of sulfate; or (3) the controlled formation of elemental sulfur. This component of the study will explore possible impacts on finished water quality, with particular regards to the Stage 2 Disinfectant/Disinfection By-Products Rule, Lead and Copper Rule, and Total Coliform Rule taking into account chlorine residual decay. Phase 300—Reporting The following research services will be provided: Task 301: Technical Report TR-1. Bench-Scale Report Preparation and Reviews UCF will compile the information, analytical results, notes and observations gained in the bench- scale phase of research and perform data analysis on the collected information as well as existing available CITY data and prepare a Draft Report for the bench-plant phase of work and deliver to CITY and CONSULTANT for review. The CITY and CONSULTANT will provide review comments within two weeks of receipt of the draft report. The CITY and CONSULTANT will provide one set of combined comments to UCF. Task 302: Technical Report TR-2. Pilot-Plant Report Preparation and Reviews UCF will compile the information, analytical results, notes and observations gained in the desk-top evaluation components of the research and perform data analysis on the pilot-plant collected information as well as existing available CITY data and prepare a Draft Report and deliver to CITY and CONSULTANT for review. The CITY and CONSULTANT will provide review comments within two weeks of receipt of the Draft Report. The CITY and CONSULTANT will provide to UCF one set of combined comments to UCF. Task 303: Technical Memorandum TM. Secondary Impacts (Post-Treatment) UCF will compile the information, analytical results, notes and observations gained in the desk-top evaluation components of the research and perform data analysis on the collected information, as well as existing available CITY data, and prepare a Final Report and deliver to CITY and CONSULTANT for review. Task 304: Combined Final Report and Delivery UCF will collect the CITY and CONSULTANT review comments of the Draft bench-phase report (Volume 1), Draft pilot-phase report (Volume 2), and TM (desk-top) and revise accordingly into one combined format prior to submitting a Final Report and deliver to CONSULTANT and the CITY; one master copy of the Final Report and one electronic copy will be provided to CONSULTANT and the CITY. 7 Page 507 of 1256 Research Scope of Services 18DEC2018 C. SCHEDULE The Project is anticipated to require no more than 14 months per the schedule shown in Table 3, Schedule by Month. This PROJECT schedule assumes a 04JAN2018 start date. Table 3. Schedule by Amendment Month COMPONENT&TASK 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Task 101.Project Management ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ Task 102.Meetings and Communications ✓ ✓ ✓ ✓ ✓ ✓ ✓ Task 201:Information Gathering,Mobilization and Planning ✓ ✓ ✓ ✓ Task 202:Bench-Scale Pretreatment Component ✓ ✓ ✓ ✓ ✓ ✓ Task 203:Pilot-Scale Inhibitor and Acid Reduction Study Component ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ Task 204.Secondary Impact(Post-Treatment)Study Component ✓ ✓ ✓ ✓ ✓ ✓ ✓ Task 301:TM 1.Bench-Plant Report Preparation and Reviews ✓ ✓ ✓ Task 302:TM2.Pilot-Plant Report Preparation and Reviews ✓ ✓ ✓ Task 303:Technical Memorandum TM.Secondary Impacts(Post-Treat) ✓ ✓ ✓ Task 304:Combined Final Report and Delivery ✓ D. DELIVERABLES UCF will endeavor to provide PROJECT findings in a reasonable manner. Table 4 presents an anticipated deliverable date schedule for the work efforts. Table 4. Deliverables Schedule DELIVERABLE ITEM ANTICIPATED DELIVERY DATE Task 301: TR 1.Draft Bench-Scale Report Preparation and Reviews August 15,2019 Task 302: TR2.Draft Pilot-Scale Report Preparation and Reviews October 15,2019 Task 303: TM.Draft Desk-Top Evaluation Report Preparation and Reviews December 15,2020 Task 304: Combined Final Report and Delivery February 15,2020 E. COMPENSATION The CONSULTANT will compensate UCF for the services based on a lump-sum fee paid in monthly installments for the duration of the project period. The cost breakdown for the project is presented in Table 3, and the Project will not exceed $168,082 for PROJECT without prior mutual agreement of CONSULTANT, CITY and UCF. This is a UCF Classification 1 budget project. 8 Page 508 of 1256 Research Scope of Services 18DEC2018 Table 3. UCF Research Cost for PROJECT Task Description(See Scope for Details) Cost($) 101 Project Management $2,990 102 Meetings and Communications $11,500 201 Information Gathering,Mobilization and Planning $21,885 202 Bench Scale Pretreatment Component $41,150 203 Pilot-Scale Inhibitor and Acid Reduction Study Component $74,663 204 Secondary Impact(Post-Treatment)Study Component $8,675 301 TR 1.Draft Bench-Scale Report Preparation and Reviews $2,094 302 TR 2.Draft Pilot-Scale Report Preparation and Reviews $2,450 303 IM.Draft Desk-Top Evaluation Report Preparation and Reviews $1,425 304 Combined Final Report and Delivery $1,250 Project Total $168,082 The following budget justification is provided in support of the research. Faculty Personnel. Salary support is requested for Dr. Duranceau(UCF's principal investigator) for a 2.25 months release for this research project. A total of$32,985, is requested. The salary calculation is based on the PI's current academic year contract. Other Personnel. Graduate research assistant (student) salary support for one student is requested for 14 calendar months to support the project research efforts at $21,292. An additional $7,280 is requested for one undergraduate student on-campus support. Fringe Benefits. The fringe rate is 28%for faculty, and 2%for students. Travel. Domestic travel funds are requested for this project for a total of $7,688 based on state- discounted utility truck and a per diem rate of$36 per person per day, and hotel room of$175 rate. Other Direct Costs for Research Consumables. For materials and supplies, funds in the amount of $774 are required to purchase research expendables for use in the field data collection tasks, and $3,375 for lab fees, and an allocation of$3,150 to pay for cartridge filter autopsies. Rental costs for pilot equipment in the amount of $32,350 and $5,200 for Bench CF Single Element rental are requested. The rental cost for the membrane pilot equipment does not include purchase of the membrane elements, nor freight shipment costs associated with the pilot and membranes; those costs are to be provided by others. The pilot rental includes training ($750) and a silt density index testing kit and supplies ($1,250). The quote included herein that refers to a pilot report will not be exercised. Other: Funds are requested to pay tuition for a portion of Fall 2018, Spring 2019, Summer 2019, and for the Fall 2019 semesters for a graduate research assistant; a total of$11,969 is requested. F & A (Indirect Costs): Facilities and Administrative costs are calculated at the off-campus rate of 26% on a Modified Total Direct Cost basis, excluding tuition and fees. These charges are consistent with the federally negotiated rate agreements. 9 Page 509 of 1256 Research Scope of Services 18DEC2018 F. WATER QUALITY PARAMETERS The following water quality parameters may be analytically determined by the City during the study to monitor the quality performance of the membranes (operation charts will also be developed if required): a. Calcium hardness and total alkalinity, proton concentration [H+] for [pH]; b.Conductivity; chloride and sulfate; total organic carbon and/or UV-254; c. Total trihalomethane (TTHM) formation potential (simulated distribution system-SDS); haloacetic acid (HAAs)formation potential (SDS); d.Corrosion indices [LSI(target 0.15)]. G. RESPONSIBILITIES CITY will provide the following information and services: o The CITY will provide access to the WTP site and will provide any modifications to existing contact name and phone numbers for communication purposes during normal working hours and off-line hours. The CITY and CONSULTANT will provide personnel to assist and support research study. o The CITY will operate the NF pilot facilities (provided by UCF as part of UCF's research scope as a rental from a third party) and associated pretreatment and other appurtenances and operate for purposes of this testing. UCF will provide to the CITY protocols for the operation of the plant. The CITY will provide engineering reports, studies or other information related to the research study; o It is anticipated that the CITY will provide to UCF monthly operation reports (MOR's) for the WTP for the past year. The CITY will also provide the Florida Department of Environmental Protection (FDEP)Monthly Operating Reports (MORS)for the past two years. o The CITY will coordinate activities related to UCF's research involvement to determine site visit time and locations; the CITY and CONSULTANT will provide official representation at meetings where UCF is on-site with CONSULTANT and CITY staff or affiliated officials; meetings with UCF will not occur without the presence of the CITY project manager or official designee. o The CITY will be responsible for providing adequate water connections and electrical service for the equipment used for pilot testing. o The sample collector should use proper fitting, protective eyewear and rubber latex gloves. Besides the obvious safety reasons, the latex rubber gloves can help prevent sample contamination. CITY personnel shall be required to document any problems experienced with any of the monitoring instruments, and shall be required to document any subsequent modifications or enhancements made to the monitor instruments. o Because of the nature of this study, certain assumptions have been made in preparing this Research Scope. To the extent possible, these assumptions are stated herein and are reflected in the budget for services. If the work tasks required are different from the assumptions presented herein or if the CONSULTANT and/or CITY desires additional research, the resultant changes in scope will serve as a basis for amending the research scope. 10 Page 510 of 1256 Research Scope of Services 18DEC2018 o UCF shall be entitled to rely upon the accuracy of data and information collected and provided by CITY, CONSULTANT and others without independent review or evaluation. UCF is not responsible for the means, methods, sequences, techniques or procedures of CITY, CONSULTANT or its Consultant, or for safety precautions of these aforementioned entities. o It is anticipated that others will procure membrane elements and provide freight and delivery charges for the pilot component of the work; if possible, the membrane elements shall be procured at no cost. H. QUALITY ASSURANCE AND QUALITY CONTROL A quality assurance project plan (QAPP) documents the planning, implementation, and assessment procedures for a particular project, as well as any specific quality assurance and quality control activities. It integrates the technical and quality aspects of the project in order to provide a "blueprint" for obtaining the type and quality of environmental data and information needed for a specific decision or use. Adherence to the UCF laboratory QAPP will provide better assurance of the reliability and accuracy of the environmental data collected, evaluated, used, or reported in the course of this study. Sample collection and water quality analyses will be performed in strict accordance with Standard Methods for the Examination of Water and Wastewater and the Environmental Protection Agency's Methods for Chemical Analysis of Water and Wastes and Methods and Guidance for the Analysis of Water. Only approved protocols will be used during the sample collection and evaluation program. This includes use of parameter-specific holding times, container types, volumes, and preservative requirements. I. ADDITIONAL PROVISIONS If the research tasks required are different from those items presented herein, or if the CITY and CONSULTANT desires additional research, the resultant changes in scope will serve as a basis for amending the research scope as agreed to by the CITY, CONSULTANT and UCF. Additionally, UCF shall be entitled to rely upon the accuracy of data and information collected and provided by the CITY, CONSULTANT and others without independent review or evaluation. UCF is not responsible for the means, methods, sequences, techniques, or procedures of the CITY and/or CONSULTANT. The remainder of this page has been intentionally left blank. 11 Page 511 of 1256 Research Scope of Services 18DEC2018 Appendix—Pilot Plant Details (Equipment and Training Only) [Note:Membrane feed pump(to sled),location,and water power connects by CITY] Page I of I PROPOSAL le IIAFLN R'0 SYSTEMS,INC.—310 CENTER COURT—VENICE,FLORIDA 34285 (P)941-488-9671-(F)941-488-9400 Dr. Steve Duranceau,PE (407)823-1440 8-18-16 12800 Pegasus Drive,Eng.Bldg.2 Ste.211 Steven.duraneeau(or,ucfedu Orlando,FL 32816 Re: Boynton Beach-NF Pilot System Lease Proposal Harn R,,O Systems.Inc.is pleased to provide the following proposal to provide equipment and services for a tranofiltration(NF)pilot system as follows: 1. Provide one(1)nominal 20,000 CTPD pilot study nanofiltration system,configured in a 2:2:1:1 array of 4"diameter three and four element vessels. This unit is designed to replicate a full-scale system and can achieve 85%recovery without the use of concentrate recycle. The unit is self-contained,but it must be installed in a sheltered. weather-protected location. or can be provided in a container for an additional cost if required. The NF unit will be leased for a uninirrnun period of three(3)months. NF membranes. delivery,installation;start-up and training services are not included in the lease price. Ham R/O System can provide installation and startup supervision and operator training for an additional fee,per below. Installation services would consist of colulecting the on-skid feed,permeate and concentrate pipes to the yard well piping installed to the pilot unit by others. The pilot system site should be located and prepared and all electrical and water services brought to the site prior to scheduling delivery and installation of the pilot system. Electrical service shall be provided to the pilot unit site and the owner shall provide a licensed electrician to make the power connection to the pilot unit. Lease one(1)NF Pilot Unit for the stun of ................................................................................S(5,500 per month Local operation staff and data monitoring Is not included 2. Provide twenty-ogre(2 1)Nanofiltration membrane elements(estimated).. .._..... _._..__S6,500(plus freight) 3. Provide installation,training and start-up assistance(estimated five days).......... _...... 5750 per day plus applicable living and travel expenses billed at cost. Should additional field service be required it will be billed at the above rate. 4. NF expendables,i.e. cartridge filters,scale inhibitor,SDI kit and pads.....................................$Can be purchased as needed, Avista scale inhibitor can be provided at no charge 5. Provide pilot cleaning system..........................................................................................._._.._..$950 per month 6. Freight estimate,will be billed at cost.........................................................................................$TBD 7. Pilot Report,if desired.................................................................................................................S3,000 SER`"ICE PNF`TDED BY OTHERS: Installation of yard/well piping,other equipment,and applicable peranits;unloading and setting of container,connection of electrical service to R%O system;pre-treatment and post-treatment chemicals;laboratory analyses and operating personnel to collect data,unix chemicals and operate system. We Propose hereby to fiunish material and labor—complete in accordance with above specifications,for the sura of: See above,permits,bonds,and taxes not included,payment due Net 30 Payment terms twill be 51 o with contract execution_Monthly rental fee is billed at the beginning of each month_ Delivery cost,Start-up labor, membrane cost,and mise.expenses are billed with the first month's rent Autopsies and return freight are billed after completion. All material is guaranteed to be as specified.All work to be completed in.a workrnarilike maruter accordinu to standard practices.Any alteration or deviation from above specifica- ions trnvhing extra costs mill be executed only upon written orders,and will become an Authorized extra charge over and above the estimate.All agreements contingent upon strikes.accidents signahue Ji ho AeY eth-1 am or delays beyond our contryl.Owner to cany fire,tornado and other necessary insurance. NOTE:This proposal may be Our workers are filly covered by Workmen's Compensation Insurance. withdrawn by us if not accepted within 30 days. Acceptance of Proposal-The above e prices.specifications and conditions are satisfactory and are hereby accepted.You are authorized Signatnue to do the work as specified.Payment will be made as outlined above. signature, Date of.acceptance: 12 Page 512 of 1256 61 GENERAL CONSULTING SERVICES AGREEMENT THIS AGREEMENT' is entered into between the City of Boynton Beach, hereinafter referred to as "the CITT, and GLOBALTECH, INC., hereinafter referred to as wthe CONSULTANr,in consideration of the mutual benefits,terms, and conditions hereinafter specified. WHEREAS, pursuant to Section 207.055, Florida Statutes, the Consuftents' Competitive Negotiation Act,the CITYS Procurement Code,the City of Boynton Beach solicited proposals for professional consulting s from qualified engineering firms for required City services;and WHEREAS, THE CITY issued a Request fbr Qualifications for General Consulting Services for the City of Boynton Beach, RFQ No. 046-2821-17/TP; and WHEREAS, the City Commission designated CONSULTANT as one of several qualiffed consulting firms to provide General Consulting services to the CIW,and NOW, THEREFORE, in consideration of the mutual covenants expressed herein, the parties agree as follows: ARTICLE I -SERVICES 1.1 CONSULTANT agrees to perform General Consulting Services by way of individual task orders,at the request of the CITY during the term of this Agreement, including the provision of all labor,materials,equipment and supplies. The specified projects which may be assigned to CONSULTANT is in conjunction with: Scope Category A Water Plant Modifications, Capacity and Operations Evaluation Scope Category B Infrastructure Improvements and Evaluations Scope Category C Ancillary Studies and Services Scope Category 0 Transportation Services Scope Category E Architectural and Landscaping Design Services 1.2 SERVICE AND RESPONS1131LITIES 1.2.1 GENERAL: The CONSULTANT agrees to perform work assigned by Task Order(s) under such terms as set forth in the Task Order(s).The terms of the Task Order(s)shall be supplemental to the terms of this Agreement. 1.2.2 The CONSULTANT is responsible for defects in its work and in the work of Its Sub-consubn&work, The term"Agimement!'has the same mmning as the term"canftwtr Boynton Braeb Utilities-General.Consulting SeMces C4 V. CLEAN KNAL Page 513 of 1256 12.3 PRELIMINARY SERVICES PHASE: The CONSULTANT shall prepare preliminary studies and reports, feasibility studies, financial and fiscal studies, and evaluation of existing facilities, preparation of schematic layouts and sketches where required; develop construction budgets, opinions of Probable Construction Cost, and shall consult and confer with the CITY as may be necessary for the CITY to reach decisions concerning the subject matter. The CONSULTANT shall attend meetings wfth the CITY Commission and CITY staff as may be required, and provide the CITY with a time schedule which shall include but not be lMted to submittal of all milestones related to the project up to delivery of 100% construction documents. 1.2.4 During the preliminary servioss phase,the CONSULTANT shall advise the ITS, based on CONSULTANT'S professional opinion and the current project conditions and reasonably foreseeable conditions of the completeness of existing data and its suitability for the intended purposes of the project; CONSULTANT to obtain date from other sources-, identify and analyze requirements of governmental authorities having jurisdiction to approve the design of the project, provide analyses of the CRYS needs for surveys; perform she evaluations and comparative studies of prospective site and solutions;and prepare and furnish a report to the City setting forth the CONSULTANT'S findings and recommendations. 1.2.4,1 Providing any type of property surveys or related engineering services needed for the transfer of interests in real property, and field surveys for design purposes and engineering surveys and staking to enable Contractor to proceed with their work, and providing other special field survey& 1.2.4.2 Preliminary design services to be performed by the CONSULTANT shall include consultation and advice concerning the extent and scope of proposed work and preparation of preliminary design documents consisting of design criteria, preliminary drawings, and outline specifications as well as preliminary estimates of probable Construction Costs. This phase will also include preparation of a preliminary site plan or schematic drawings when appropriate. Up to six (6) copies of the preliminary design documents shall be furnished to the CITY, the exact number needed shall be determined by the CITY. 1243 CONSULTANT shall provide environmental assessment and impact statements as required to determine the suitability of the she and its surrounds for the proposed project; and/or 124.4 Upon authorization of the CITY, the CONSULTANT will provide advice and assistance relating to operation and maintenance of project or other systems; evaluate and report on operations-, assist the CITY in matters relating to regulatory agency operations review or operating pennit non-complianoe; assist with startup and operator training for newly installed or modified equipment and processes, and int preparation of operating, Boynton Beach Utilities-General Consulting Serviow C-2 V3 AN FNAL Page 514 of 1256 maintenance and staffing manuals for the project. 1.2.5 BASIC SERVICES. The CONSULTANT shall consuft and advise the CITY E n the following manner: specifying the extent and scope of the work to be performed, prepare detailed construction dravAngs and specifications; revise and update, where necessary, previou* designed construction pIns and specifications, whether in whole or in part, to be incorporated into the proposed work and prepare construction documents and final estimate of probable Construction Cost. The final design services shall be provided in an eWronic format, and shall also include furnishing up to six (6) copies of plans and spedfications to the CITY; the exact number needed shall be determined by the.CITY, 1.2.6 Final design services shall also include preparation of permit applications as may be required by such agencies as have legal review authority over the project. These applications shall include but not be limited to site plan approvals or other permits and work efforts and shallalso consist of meetings at staff level and meetings with the appropriate governing body and the CITY. Unless specifically provided for under the final design phase, permit application services do not include applications requiring environmental impact statements or environmental assessments, consumptive use permits and landfill perTnb. 1.2.6.1 The CONSULTANT based upon the approved design documents and any adjustments authorbmd by the CITY In each project, project schedule or construction budget shall prepare for approval by the CITY,design development documents consisting of dramdngs and other documents to fix and describe the size and character of each proj civill engineering, environmental, landscape, architecture[, structural, mechanical, and electrical systems and any other requirements or systems, materials and such other elements as may be appropriate for a complete project. The CONSULTANT shall also advise the CITY of any adjustments to the preliminary estimate of probable Cons ! Costs. 1.2.6.2 The CONSULTANT based on CITY approved design development documents and any further adjustments in the scope or quality of the project or int construction budgeis Il prepare Construction Documents within tenumber of calendar days 'specifed within any notice issued by the CITY. The Construction Documents shall consist of drawings and specifications setting forth in detafl the requirements for the construction of the project. 1.2.6.3 The CONSULTANT shall assist the CITY in the preparation of the necessary proposal information and forms. 1.2.6,4 The CONSULTANT shall advise the CITY of any adjustments to previous estimates of probable Construction Costs indicated by changes in codes, administrative and jurisdictional requirements of general market conditions. 1-2.6.5 The CONSULTANT shall submit to the CITY for each project, Boynton Bewh Utilities-Cieneral Consulting Services W LEAN T FINAL CC-3 Page 515 of 1256 electronic format and up to six (6) copies of the Construction Documents, and a further revised estimate of total probable Construction Cost. 1.2.6.8 CONSULTANT shall Include in the Construction Documents a requirement that the construction contractor shall provide a final as-buift survey of the project in Autocad electronic forrnat by a registered Land Surveyor, and provide marked up construction drawings to the CONSULTANT so that the CONSULTANT can prepare and deliver to the CITY the record drawings in the form mquired by the CITY and as required. 1.1 6.7 Prior to final approval of the Construction Documents by the CITY, the CONSULTANT shall conduct a thorough review and quality control evaluation of the entire work product for compIi ance with requirements of any local, state, or federal agency from which a permit or her approval Is required. The CONSULTANT shall make sure that all rvecessary approvals have taken place, 1.2.6.8 Prior to each phased submittal,the CONSULTANT shall conduct a thorough quality control review and assessment of the work product to determine whether the work is property coordinated and confirm that the CITY and agency comments have been addressed and incorporated into the Contract Documents, The CONSULTANT shall provide to the CITY a Quaft Assurance and Quality Control plan in a format that advises the CITY that all work has been performed as required. A report shall be submitted in accordance with those standards to apprise the CITY that due care has been taken in the preparation of the Contract Documents. 1.2.6.9 The CONSULTANT shall signify responsibility for the Contract Documents including technical specifications and drawings prepared pursuant to this Agreement by affixing a signature,date and seal as required by Florida Statutes Chapters 471 and 481, If applicable. The CONSULTANT shall comply with all of its governing laws, rules, regulations, codes, directives and other applicable federal,state and local requirements in preparation of the work. 1.2.7 The CONSULTANT shall provide the construction documents, technical specifications and drawings completed in accordance with generally accepted professional practices and principles and In a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently p racticing under similar conditions. 1.2.8 The CONSULTANT following the CITYS approval of the Construction Documents and the latest estimate of probable Construction Cost shall when so directed and authorized by the CITY,assist the CITY in obtaining proposals or negotiated proposals, and assist in preparing contracts for construction. 1.2.8.1 The CONSULTANT shall review and analyze the proposals Boynton,Beach Utilities Geneml ConsWting Services C-4 V.5 CLEAN FWAL Page 516 of 1256 received by the CITY and shall make a recommendation for any award based an the CITYS Procurement Administrative Policy Manual. 1®Z Any Opinion of the Construction Cost prepared by CONSULTANT represents its judgment as a design professional and is supplied for the general guidance of the ITS Since CONSULTANT has no control over market conditions, CONSULTANT does not guarantee the accuracy of such opinions as compared to contractor bids or actual cost to the I . If the project is not advertised for proposals within three(3) months after delivery of Final Design Plans, through no fault of the CONSULTANT or if either local market conditions or in us wide prices have changed because of unusual or unanticipated events affecting the general level of prices or times of delivery in the construction Industry,the established Construction Cost limit may be adjusted as determined by the GHYS Representative and as approved by the CITY, if necessary. Additionally, if the CITY expands a project scope of work after the CO NSU LTANT renders ft Final estimated probable Construction Cost of the Final Design Plans, the CONSULTANT shall not be responsible for any redesign without compensation is shall be mutually agreed to by the parties hereto, 1.2.8.3 The CONSULTANT shall provide the CITY with a list of recommended prospective bidders. 1.2AA The CONSULTANT shall attend all pre-proposal/per-bid conferences, 1.2.8.5 The CONSULTANT shall recommend any addenda, through the CHYS representative as appropriate, to clarify, correct, or change proposal documents. 1.2.8.6 If Pre-Qualffication of bidders is required as set forth in the Request for Proposals or Invitation to Bid(two-step bid process), CONSULTANT shall assist the CITY, if requested Indeveloping qualifications criteria, review qualifications and recommend acceptance or nejection of the bidders. 1.2B.7 If requested, CONSULTANT shall evaluate proposals and bidders,and make recommendations regarding any award by the CITY. IZ9 The CITY shall make decision on all cWms regarding interpretation of the Construction Documents, and on all other matters relating to the execution and progress of the Work after receiving a recommendation from the CONSULTANT. The CONSULTANT shall check schedules, shop drawings and other submissions fbr the limited purpose of checking conformance with the concept of the project, and for compliance with the information given by the Construction Documents, The CONSULTANT shall also review change orders prepared and submitted by Contractor and review and make recommendations tot City for progress payments to the Contractor based on each project schedule of values and the percentage of work completed. The CONSULTANT will neither have control over or charge of, nor be responsible for, the construction means, methods, techniques, sequenom or procedures, or fort safety Boyntan Beach Utilities General Congalfing Savices V.5 CLEAN FINAL C-5 Page 517 of 1256 precautions and programs in connection with the construction of the assigned task order projects. 1.2.9.1 The CITY shall maintain a record of all change orders is shall be categorized tot various types, causes, etc. that may be determined useful and necessary for its purpose. 1.2. .2 If the CONSULTANT is not the Construction Manager for the construction, the CITY shall notify the CONSULTANT within three (3) days of the discovery of any arnhftecturaVengineering error or omission so that the CONSULTANT can be part of the negotiations resolving the claim between the CITY and the Contractor. 1.2.10 The CONSULTANT shall carefully review and examine the Contractor's schedule of values, together with any supporting documentation. The purpose of such review and examination will be to protect the CITY from an unbalanced schedule of values which allocates greater value to certain elements of each project than is indicated by industry standards,supporting documentation, or date. If the schedule of values is not found to be appropriate, it shall be returned to the Contractor fbr revision for supporting documentation. After making such examination, when the schedule of values Is found to be appropriate, the CONSULTANT shall sign the schedule of values indicated informed belief that the schedule of values constitute a reasonable, balanced basis for payment of the Application for Payment to the Contractor. 1.111 The CONSULTANT shall perform on-afte construction observation af each project based on the Construction Documents in accordance mAth paragraph 1.2.16 "Resident Project Services" of this Agreement. The CONSULTANT'S observation shall determine the progress of the work completed, and whether the work is proceed Ing In a manner indicating that the work when fully competed will be in accordance with the Construction Documents. On the basis of site visits, the CONSULTANT vAll provide the CITY with a written report of each site visit in order to reasonably inform the CITY of the progress of the portion of the Work completed. The CONSULTANT shall endeavor to identify for the CITY any defects and deficiencies in the work of contractors, and make written recommendation to the CITYwhere thework fails to conform to the Construction Documents. The CONSULTANT shall not have control over or charge of, or responsibility for the construction means,methods,techniques,sequences or procedures. or for safety precautions and programs in connection with the Work, nor shall the CONSULTANT be responsible for the Contractors ite to perform the Work in accordance with the requirements of the Contract Documents. The CONSULTANT shall not have control over or charge of, and shall not be responsible for, acts or omissions of the Contractor or of any other persons or entities performing portions of the Work. Based on such observation and the Contractor's Application for Payment, the CONSULTANT shall determine the amount due to the Contractor and shall issue Certificates for Payment In such amount. These Certificates vAll constitute a representation to the CITY based on such Boynton Beach UdIfties-General Consul&g Services C-6 V.5 CLEAN FINAL Page 518 of 1256 observations and the data comprising the Application for Payment that the work has progressed to the point indicated. By issuing a Certificate of Payment,the CONSULTANT will also represent to the CITY that to the best of its information and belief, based on what its observation have revealed; the Work is in accordance Mh the Construction Documents. The CONSULTANT shall conduct observations to determine the dates of substantial and final completion and Is a recommendation for final payment. 1.2.12 The CONSULTANT shall revise the Construction drawings and submit record or corrected drawings to the CITY to show those changes made during the construction process based on the marked up pri9 drawings and other data fshed by the Contractor. The record drawings shall be provided in electronic format inclusive of conformed PDF files and AutoCad files in a form compatible with the CITY'S version of AutoGad formats for archival purposes. 1.2.13 The CONSULTANT shall attend regularly scheduled progress meetings an site bi-monthly or as otherwise determined based on a specific need established pri or to construction by the CITY. 1.2.14 The CONSULTANT shall.review change orders prepared and submitted by the Contractor for the CITY'S approval. CONSULTANT shall not authorize any changes in the work or time, no matter how Minor without prior written approval by the CITY. 1.2.15 Each project's construction or demolition shall be considered complete upon compilation of a punchlist by CONSULTANT, is shall be timely completed by Contractor to the satisfaction of the CITY,written notification to Contractor by CONSULTANT that all releases of liens are satisfied and written recommendation by CONSULTANT for final payment to the Contractor is shall be at the sole discretion of the CITY. 1.2.16 RESIDENT PROJECT SERVICES: During the Construction pmgress of any work, the CONSULTANT will if aLithorized by the CITY, provide resident project observation services to be performed by one or more authorized employees ("Resident Project Representative") of the CONSULTANT. Resident Project Representatives shall provide extensive observation services at the project site during construction. The Resident Project Representative mrill endeavor to identify for the CITY any defects and deficiencies int work of the Contractor(s). Resident project observation services shall include but is not limited to the following: pt► Conducting all pre-construction conferences; 0, Conducting all necessary construction progress meetings; 4- Observation of the work in progress to the extent authorized by the CITY; 4% Receipt, review coordination and disbursement of shop drawings and other submittals; 0 Maintenance and preparation of progress reports; Field observation and verification of quantities of equipment and materials installed; Boynton Beach Utilities-General Congulting Serviom V. CLEAN FINAL C-7 Page 519 of 1256 -1o' Verification of contractora'and subcontractors' payrolls and records for compliance with applicable contract requirements-, Maintenance at each project site an a current basis of all drawings, specifications, contracts, samples, permits, and other project related documents, and at the completion of each project, deliver all such records to the CITY; Preparation, update and distribution of a project budget with each project schedule; 4, mite tion to the CITY immediately if it appears that either each project schedule or each project budget will not be met; s0o Scheduling and conducting monthly progressmeetings at which CITY, Engineer, general contractor,trade contractor, ut[Ii fies representatives, suppliers can jointly discuss such matters as procedures, progress, problems and scheduling. Recommending courses of action,and enforcing action selected by the CITY, If so directed by the CITY, if the general and/or trade contractors are not meeting the requirements oft plans, specifications, and Construction Contract; 4% Development and implementation of a system for the preparation, review, and processing of change orders; Maintenance of a dally to of each project; Recording the progress of each project, and submission of written monthly progress reports to the CITY including information on the Contractors'work and the percentage of completion; Determination of substantial and final completion of work and preparation of a list of incomplete and unsatisfactory items, and a schedule of it completion; and + Securing and transmitting to the CITY, required guarantees; affidavits; releases; key manuals, record drawings; and maintenance stocks; The Resident Project Representative shall also Investigate and report on complaints and unusual occurrences that may affect the responsibility of the CONSULTANT or the CITY in connection with the work. TheResident Project Representative shall be a person acceptable to the CITY, and the CITY shall vet right to employ personnel to observe the work in progress,provided however that such personnel as employed by the CITY, and such personnel will be responsible directly tate CITY in the performance of work that would otherwise be assumed and performed by the CONSULTANT. The Resident Project Representative shall not have control over or charge of, or responsibility forte construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, nor shall the Resident Project Representative be responsible for the Contractor's failure to perform the Work in amordance with the requirements oft Contract Documents, The Resident Project Representative shall not have control over or charge of, and shall not be responsible for, sets or omissions of the Contractor or of any other persons or entities performing portions of the Work. Although CONSULTANT shall not be responsible for health or safety programs or precautions related to CITY's activities or those of CITY's other contractors and consultants or their respective subcontractors and Boynton Beadi Ufflifles-Gomm]Consulting Sew-vims V.5 CLEAN FINAL C-8 Page 520 of 1256 vendors ("Contraclom"), CONSULTANT shall nonetheless report to the Resident Project Representative health and safety conditions or deficiencies observed by CONSULTANT'S employees or representatives. CONSULTANT shall not be responsible for CI pre-existing site conditions ort aggravation of those preexisting site conditions to the extent not caused by the negligence or willful misconduct of CONSULTANT. CONSULTANT shall not be responsible for Inspecting, observing. or correcting health or safety conditions or deficiencies of CITY, Contractors or others at project site (OProject SiteB) other than for CONSULTANT's employees, subconsultants and vendors. 1.3 ADDITIONAL SERVICES 1.11 When additional services are necessary they shall be specified In the written Task Order. Examples of additional(not exclusive) services are: + Preparation of applications and supporting documents for private or governmental grants, loans or advances in connection with any particular project. Services to make measured drmfts of or to investigate existing conditions or facilities, or to verify the accuracy of drawings or other information furnished by or tot CITY. 4- Services resulting from significant changes int general scope,extent or character of any particular project ori design including but not limited to, changes in size, complexity, the CITYS schedule,character of construction or method of financing, revising previou* accepted studies, reports, design documents or Construction Contract Documents when such revisions are required by changes to laws, rules, regulations, ordinances, codes oro enacted subsequent to the preparation of such studies, reports or documents, or are due to any other causes beyond the CONSULTANT'S control. • Providing renderings or models fort CITY'S use. • Preparing documents foraftemate Proposals requested by the CITY for work that is not executed for documents for out-of-sequence work. ® Investigations and studies involving but not limited to, detailed considerations of operations, maintenance and overhead expenses: providing value engineering during the course of design; the preparation of feasibility studies, cash flow and economic evaluations, to schedules and appraisals; assistance in obtaining financing for a project; evaluating processes available for licensing and assisting the CITY in obtaining process licansIng, detailed quantity surveys of material, equipment and labor, and audb or inventories required in connection with construction performed by the CITY. 4, Assistance in connection with Proposal/proposal protests, re-bidding or re-negatiating contracts for construction, materials, equipment or services, unless the need for such assistance is reasonably determined by the CITY to be caused by the CONSULTANT (e.g. defective plans and/or specifications which inhibit contractors from submitting proposals) in is event there shall be no additional cost fDr the provision of such services. Boynton Bcach Utilities-Gone=[Consulting Semices V.5 CLF-AN FINAL C-9 Page 521 of 1256 ^0 Preparing to serve or serving as a CONSULTANT or witness for the CITY in any litigation, arbitration or other legal or administrat[ve proceeding. Ao Additional services in connection with a project not othervAse provided inthis Agreement. Services in connection with a project not otherwise provided for inthis Agreement. .4 Services in connection with a field order or change order requested by the CITY. A 1- Providing artwork, models, or renderings as requested by the I . 1.3.2 When required by the Construction Contract documents in circumstances beyond the CONSULTANT'S control, and upon the CITY'S authorlzatlon, it will furnish the faflowing addKianal services. 4- Services in connection with work changes necessitated by unforeseen conditions encountered during construction. Services afterthe award of each contract in evaluating and determining the acceptability of an unreasonable or excessive number of claims submitted by Contractor, except to the extent such claims are caused by the errors or a missions oft CONSULTANT. Additional or extended services during construction made necessary by 1) work damaged by fire or other cause during construcbon, 2) a significant amount of detective or negligent work of any contractor, 3) acceleration of the progress schedule involving services beyond normal working hours, or 4) default by any contractor; provided however, if a fire occurs as a direct result of errors or omissions int design by the CONSULTANT or if the CONSULTANT falls to notify the Contractor of the deficient quality of their workmanship pursuant to CONSULTANT'S duties as described in the Contract Documents, the CONSULTANT'S additional services shall be deemed part of Basic Services and compensated as such. 4, Services in connection with any partial utilization of any part of a project by the CITY prior to Substantial Completion. 4, Services to evaluate the propriety of substitutions or design alternates proposed by the Contractor and involving methods of construction, materials, or major project components efther during bidding aridlor Negotiation services or Construction Contract award. The cost of such services shall be bome by the Contractor,and this requirement shall be included in the construction contract. J* Services in making revisions to drawings and specifications occasioned by the acceptance of substitutions proposed by the Contractor, unless such substitutions are due to a design error by the CONSULTANT in which case such services shall be deerned Basic Services, Except when caused by a design error by the CONSULTANT,the cost of such services shall be bome by the Contractor,and this requirement shall be included in the construction contract. BGynton Reach Utilities-General Consulting Services V,5 CLEAN FINAL C40 Page 522 of 1256 1.4 CI1YS RESPONSIBfLITIES 1.4.1 The CITY shall do the following in a timely manner so as not to delay the services of the CONSULTANT: 1.4.1,1 Designate in writing a person or persons to act as the CITY'S representative with respect to the services to be rendered under this Agreement. Such person(s)shall have complete aLdhorfty to transmit instructions and receive information with respect to the CONSULTANT'S services for a particular project. The CITY may have multiple CITY Representative(s)or project managers du ring the performance of this AGREEMENT based on the specific task orders/written task orders from each of the Scope Categories. 1. .1. Provide all criteria and full information as to the CHYS requirements for the Project including design objectives and constraints, space, capacity and performance requirements, fleAblility and expandablifty, and any budgetary limitations. 1.4.13 Assist the CONSULTANT by proiAding at the CONSULTANT'S request all available information pertinent tot Project including previous reports and any other data relative to design or constmcf1an of the project, 1.4.1.4 Furnish to the CONSULTANT, if required for the performance of CONSULTANT'S services (except where otherwise furnished by the CONSULTANT as Additional Services),the following: 1A.1.5 Data prepared by, or services of others, including without limitations borings, probings and subsurface explorations, hydrographic. surveys, laboratory tests and Inspectlon of samples, materials and equipment; 1. .1. Appropriate professional interpretations of all of the foregoing; 1.4.1.7 Environmental assessment and Impact statements; 1.4.1.8 Property, boundary, easement, right-of-way, topographic and utility surveys; 1.4.1.9 Property descriptions,- 1.4.1.10 Zoning, dead and other land use restrictions-, 1.4.1.11 Approval and permits required in the CITY'S jurisdiction and those from outside agencies unless such approvals and permits are the responsibility of the CONSULTANT; and 1.4.1.12 Arrange for access to make all provisions for the CONSULTANT to enter upon the CITY'S property as required for the CONSULTANT to perform services undert is Agreement. 1.4-1-13 Consistent with the professional standard of care and unless otherwise specifically provided herein, CONSULTANT shall be entitled to rely upon the accuracy of data and information provided by the CITY or others without independent review or evaluation. Boynton Beach Utilities-General ansulting SmIces V,5 CLEAN FINAL C-11 Page 523 of 1256 1.6 SEQUENCE OF EVENTS 1.5.1 Following receipt of any task order written task order, the CONSULTANT shall submit to the CITY, at least rive (5) days prior to actual commencement of services, a schedule of services and expenses for ,approval by the CITY before any services commence. The CITY reserves the right to make changes to the sequence as necessary to facilitate the services or to minimize any conflict with operations. 1.5.2 Task orders will be issued to the CONSULTANT int order in which the CITY wishes, and shall be performed and completed int order they are issued, unless otherwise specifically permitted by the CITY. Minor adjustments to the timetable for compWIon approved by the CITY in advance, in writing, shall not constitute non-perfbrmance by CONSULTANT pursuant to this Agreement, 1.53 Proposals received by CONSULTANT as a result of task orhmitten task order that exceeds $25,000 in cost will require appnovel from CITY Commission before execution of services in accordance with the CI1yS Procurement AdmInIstrative Policy. 1.5.4 When the CITY issues task orders to the CONSULTANT, each authorization shall contain a stated completion schedule. If caused by the negligent errors or omissions of CONSULTANT,failure of the CONSULTANT to meet the stated schedule shall constitute a default for which payment for services may be withhold until default is cured. Time extensions will be reviewed upon request for extenuating circumstances. 1.5.5 It is anticipated and Intended that the CONSULTANT will be authorized to begin new task orders on a arolling" basis, as some already assigned task orders near timely completion. If a subsequent Task Order is issued to the CONSULTANT before it has completed the current task order, the completion date for each Task Order will remain independent of each other so that the CONSULTANT will prioritize the uncompleted Task Order from the first Task Order and finish as soon as practicaL Failure to complete the "older' task orders in a timely manner, may adversely Impact upon continued early auth0ftafiDn to Start 8 subsequent work. 1® When the CONSULTANT has exceeded the stated completion date including any extension for extenuating circumstances in may have been granted, a written notice of Default will be issued within seven (7) days of the date that the default became active with a requirement of seven (7) days to cure said default, to the CONSULTANT and payment for services rendered shall be withheld until such time that the CITY has determined that default has been cured. 1.5.7 Should the CONSULTANT exceed the assigned completion time,the CITY reserves the right not to issue to the CONSULTANT any further task orders untiI such time as it is no longer in default, and the CONSULTANT has demonstrated to the C17YS satisfaction, the reasons for tardy completion Boynton each Utilities General Consulting Services V.-5 CLEAN FINAL C-12 Page 524 of 1256 have been addressed and are not likely to be repeated In subsequent task orders. This restricted issuance provision may result int CONSULTANT not in issued all of the planned work the CITY anticipated in this Agreement. The CONSULTANT shall have no right to the balance of any work,or to any compensation associated with these non-issued task orders due to the CONSULTANT being rendered in default. 1.5.8 Should the CONSULTANT remain in default for a period of fifteen (15) consecutive calendar days beyond the time frame provided in Paragraph 1.5.6 the CITY may at Its sole option retain another CONSULTANT to perform any or arising cut of this Agreement andlor terminate this Agreement. 1.6 DEFINITION OF DEFAULT 1.6.1, An event of default shall mean a material breach of this Agreement Without limiting the generality oft foregoing and in addition to those instances referred to as a material breach, an event of default shall include the following: 4* CONSULTANT has not perfon-ned services on a timely basis due to CONSULTANT'S negligent errors or omissions, 0 CONSULTANT has refused or failed to supply enough properly skilled personnel; 4- CONSULTANT has failed to make prompt payments to SUB- CONSULTANTS or suppliers for any services after receiving payment from the CITY for such services or supplies; 4 CONSULTANT has failed to obtain the approval of the CITY where required by this Agreement; 46 CONSULTANT has refused or failed to provide the services as defined in this Agreement; CONSULTANT has filed bankruptcy or any other such insolvency proceeding and the same is not discharged within ninety (90) days of such date. CITY has failed to make payments to CONSULTANT in accordance vAth the requirements of this Agreement 1.6.2 Int event of Default, the CONSULTANT shall be liable for all damages resulting from the Default including: 0 The difference between the amount that has been paid to the CONSULTANT and the amount required to complete the CONSULTANT'S work, provided the fees by the firm replacing the CONSULTANT are reasonable and the hourly rates do not exceed the CONSULTANrS rates. This amount shall also include procurement and administrative costs incurred by the CITY. In the event of default by the City, CONSULTANT may suspend the Work pending receipt of such payment. Boynton Beach Utilities-General Consulting Services V.5 CLEAN KNAL 0-13 Page 525 of 1256 1. .3. The CITY may take advantage of each and every remedy specifically existing at law or in equity. Each and every remedy shall be in addition to every other reme4y given or otherwise existing,and may be exercised from time to time and as often and in such order as may be deemed expedient by the CITY. The exercise ort beginning of the exercise of one remedy shall not be deemed to be a waiver of the right to exercise any other remedy. The CITY'S rights and remedies as set forth in this Agreement are not exclusive and are in addition to any other rights and remedies available to the CITY in law or in equity. ARTICLE 2-TERM 2.1 The Initial Contract period shall be for an initial two (2) years, commencing at the execution of the contract, and the City reserves the right to unilaterally renew the contract for three (3) additional one (1) year periods under the same terms, conditions. The CONSULTANT understands and acknowledges ftt the Services to be performed during the Wm (2)year term will be govemed by this Agreement, and that there is no guarantee of future work in given to the CONSULTANT. 22 In the event that services are scheduled to and either by contract expiration or by termination by the CITY (at the CITY'S discretion), the CONSULTANT shall continue the services, if requested by the CITY, or until task or tasks islare completed.At no time shall this transitional period extend more than one-hundred and eighty(1180)calendar days beyond the expiration date oft existing contract. The CONSULTANT mill be reimbursed for this service at the rate in effect when this transitional period clause was invoked by the CITY ARTICLE 3 -11ME OFLPERFORMANCE V Work under this Contract shall commence upon the gfving of written notice by the CITY tot CONSULTANT by way of an executed task order and resultant task order. CONSULTANT shall perform all services and provide all or product required pursuant to this Contract and the specific task order by the Sequence of Events, or unless an extension of time is granted in writing by the CITY. ARTICLE 4- PAYMENT 4.1 The CONSULTANT shall be paid by the CITY for completed work and for services rendered under this agreement as follows: Payment fort work provided by CONSULTANT shall be made in accordance with the Fee Schedule as provided in Exhibit "A' attached hereto. Payment as provided in this Section shall he full compensation forwork performed,services rendered and for all materials,supplies,equipment and incidentals necessary to complete the work. 0 Compensation for sub-CONSULTANTS will be negotiated based on each task order. Compensation will be through a direct mark-up in Boynton Beach Utilities-Goteral ansulting SeMccs V.5 CLEAN FTMAL C-14 Page 526 of 1256 accordance with the Schedule of Professional Fees attached hereto. Sub-consulting services shall be approved by the CITYS representative prior to performance of the sub-oonsulting work. Consulting time for processing and management of the sub- CONSULTANT shall not be included in direct costs as the direct mark- up is applied for management efforts. do The CONSULTANT may submit vouchers to the CITY on per month during the progress of the Work for partial payment for project completed to date. Such vouchers will be verified by the CITY, and upon approval thereof, payment will be made to the CONSULTANT in the amount approved. -0 In certain cases where incremental billing for partially completed Woric is permitted by the CITYS representative,the total incremental billing$ shall not exceed the percentage of estimated completion of identifiable deliverables or accepted deliverables as of the billing date. Computation of Time Charges/Not-to-Exceed Method of Payment. When a sce is to be compensated based an time charge/not-to- exceed method, the CONSULTANT shall submit a not-to-exceed proposal to the CI1YS representative fbr prior approval based on estimated labor hours and hourly rates which shall not exceed the estabI[shed hourly rates as per the Schedule of Professional Fees attached hereto, plus sub-CONSULTANT services and other related costs supporting the proposed work. The CITY shall not be obligated to reimburse the CONSULTANT for costs incurred in excess of the total not-to-exceed cost rpt® 0 Final payment of any balance due the CONSULTANT of the total contract price earned will be made promptly upon its asoertainment and verification by the CITY after the completion of the Work under this Agreement and its acceptance by the CITY, which shall occur no later than 30 days following receipt of the invoice. In order for both parties herein to close their books and records, the CONSULTANT will clearty state 'Linal invaiW an the CONSULTANT'S final/last billing to the CITY. The final Invoice certifies that all services have been properly performed and all charges and costs have been invoiced to the CITY. Since this account will thereupon be closed, and any other further charges if not properly included an this invoice are considered waived by the CONSULTANT. The cost of all services as stated herein shall remain fixed and firm for the initial two (2) year period of the contract- Costs for subsequent years and any extension terms shall be subject to an adjustment only if Increases incur in the industry. However, unless very unusual and significant changes have occurred int industry, such increases shall not exosed 5% per year, or whichever is less, the latest yeady percentage increase in the All Urban Consumers Price In (CPI-U) (National) as published by the Bureau of Labor Statistics, U.S. Boynton Beach Utillfles-General Consulting SeMees V.5 CLEAN FINAL C-1 Page 527 of 1256 Department Labor. The yearly increase, or decrease in the CPI shall be the latest index published and available ninety(90)days prior to the end of the cordract year then in effect, compared to the in for the same month one (1)year prior. Any requested cost increase shall be fully documented and submitted to the CITY at least sixty (60) days prior to the contract anniversary date. Any approved cost adjustments shall become effective upon the anniversary date of the contract. In the event the CPI orindustry costs decline, the CITY shall have the right to receive from the CONSULTANT, a reasonable reduction in costs that reflect such changes in the[ t . The CITY may after examination, refuse to accept the adjusted costs if they are not properly documented, increases are considered to be excessive, or decreases are considered to be insufficient. In the event the CITY does not wish to accept the adjusted costs and the matter cannot be resolved to the satisfaction of the CITY,the Contract may be cancelled by the CITY upon giving thirty (30) calendar days written notice to the CONSULTANT ARTICLES-2 ERSHIPANDUSEOFDQCL jME-KTfj 5.1 Upon completion of the project and final payment to CONSULTANT, all documents, drawings, specifications and other materials produced by the CONSULTANT in connection with the services rendered under this Contract the documents shall be the property of the CITY whether the Project for which they are made Is executed or not, Notwithstanding the foregoing, the CONSULTANT shaI! maintain the lights to reuse standard details and other design features on other projects. The CONSULTANT shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference and use in connection with CONSULTANT'S endeavors. Any use of the documents for purposes other than as originally intended by this Contract,without the written consent of CONSULTANT, shall be at the CITYS sole risk and Wthout liability to CONSULTANT and CONSULTANT'S sub-CONSULTANTS. ARTICLES-FUNDING 6.1 This Contract shall remain in full fame and eftd only as long as the expenditures provided in the Contract have been appropriated by the City Commission of Boynton Beach int annual budget for each fiscal year of this Contract, and is subject to termination based on lack of funding. ARTICLE 7-WARRANTIES ANn flgeag§ TTI ONS 7.1 CONSULTANT represents and warrants to the CITY that it is competent to engage in the scope of services contemplated under this Contract and that it will retain and assign qualiffed professionals to all assigned projects during the terrn of this Contract. CONSULTANT'S services shall meet a standard of care for professional engineering and related services equal to the standard of care for engineering professional practicing under similar conditions. In submitting its response to the RFQ, CONSULTANT has represented to CITY that certain individuals employed by CONSULTANT shall provide services to CITY pursuant tothis Contract. CITY Boynton each Utilities-Gencral Consulting tirmices V.5 CLEAN FINAL C-16 Page 528 of 1256 has relied upon such representations. Therefore, CONSULTANT shall not change the designated Project Manager for any project without the advance written approval of the CITY,which consent shall not be unreasonably withheld. ARTICLE 8-t�01@ 8.1 CONSULTANT shall, In performing the services contemplated by this service Contract, faithfully observe and comply with all federal, state and local laws, ordinances and regulations that are applicable to the services to be rendered under this Contract,shall review and comply with laws,regulations,codes and standards in effect as of the date of this agreement that are applicable to CONSULTANT'S semices and shall exercise professional care and judgment to comply with requirements imposed by governmental authorities having jurisdiction over the project, Should changes in any low, ordinance, or regulation result in increased costs or delays to services rendered, both parties agree to an equitable adjustment to schedules and prices. ARTICLE 9-1WEIVINIFIL ATION 9A Subject to the limiting provisions of Florida Statute 725-08, CONSULTANT shall indemnify, and hold harmless the CITY, Its offices, agents and employees, from and against any end all losses, or any portion thereof, including reasonable attorneys'fees and costs,arising from injury or death to persons,including injuries, sickness, disease or death to CONSULTANT'S own employees, or damage to property to the extent caused by negligence, recklessness, or intentionally wrongful conduct of CONSULTANT or other persons employed or utilized by CONSULTANT in performance of CONSULTANT'S duties. Neither party to this Contract shall be liable for any special, incidental, indirect or consequential damages of any kind, including but not limited to lost profits or use that my result from th Is Contract or out oft services or goods furnished hereunder. 9.2 To the greatest extent pernfifted pursuant to Section 725.06, Florida Statutes, CONSULTANT's Indemnification obligation (when providing services to CITY) shall not exceed the value of LTA T' total compensation. Such obligation shall not be construed tonegate, abridge or otherwise reduce other rights or obligations of indemnity which would otherwise exist as to a party or petson described inthis Article. PURSUANT TO FLORIDA STATUTE, NO INDIVIDUAL DESIGN PROFESSIONAL EMPLOYED BY OR ACTING AS AN AGENT OF CONSULTANT MAY BE HELD INDIVIDUALLY LIABLE FOR DAMAGES RESULTING FROM THE NEGLIGENCE OCCURRING WITHIN THE COURSE AND SCOPE OF THIS PROFESSIONAL SERVICES AGREEMENT Boynton Beach Uldlitics-General ConsWting Services V,5 CLEAN FINAL C-17 Page 529 of 1256 ARTICLE 10- INSURANCE 10.1 During the performance oft services under this Contract, CONSULTANT shall maintain the following insurance policies, and provide certificates of insurance evidencing such coverages and limits, and shall be written by an insurance company authorized to do business in Flofida. 10.1.1 Workees Compensation Insurance: The CONSULTANT 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. CONSULTANT shall include the Worker's Compensation and Employees Liability Insurance requirements in is subcontracts. This coverage shall include Employer's Liability wh h limits meeting all applicable state and federal law& This coverage must extend to any sub- n t have their own Worker's Compensation and Employees Liability Insurance, unless not required by statute. The policy must contain a waiver of subragation in favor of the CITYof Boynton Beach, executed by the insurance company. 10.1.2 Comprehensive General Liability: The CONSULTANT shall procure and maintain for the life of this Contract, Comprehensive General Liability Insurance. This coverage shall be on an `Occurrence" basis. Cover-age shaII Include Premises and Operations, Independent Contractors,Products Completed Operations and Contractual Liability with specific reference of Article 9, aindemnificationg of this Contract. This policy shall provide coverage for death, personal injury or property damage that could arlse directly or indirectly from CONSULTANT'S negligent performance of this Agreement. CONTRACTOR shall maintain a minimum coverage of $1,000,000 per occurrence and $1,000,000 aggregate for personal injury/ and $1,000.000 per occurrenceleggregate for property damage. The general liability insurance shall include the CITY as an additional insured and shall include a provision prohibiting cancellation of the policy upon thirty(30)days prior written notice to the CITY.except for cancellation due to non-paymant of premium. 10A.3 Business Automobile Liability: The CONSULTANT shall procure and maintain, for the life of this Contract, Business Automobile Liability Insurance. The CONSULTANT shall maintain a $1 000,000 combined single limit for bodily injury and property damage liability to protect the CONSULTANT from claims for damage for bodily and personal injury, including death, as well as from claims for property damage, which may arlse from the ownership, use of maintenance of owned and non-owned automobile, included rented autornoblM, whether such operations be by the CONSULTANT or, by anyone directly or indirectly employed by the CONSULTANT. 10.1.4 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 per clairn/aggregate. Boynton Beach Utilities-Genei-A Consulting Servim V.5 CLEAN FINAL C-18 Page 530 of 1256 10-2 it shall be the responsibility ot the CONSULTANT to ensure that all sub- CONSULTANTS comply with the same insurance requirements referenced above. 10.3 In the judgment oft CITY, prevailing conditions warrant the provision by the CONSULTANT of additional liability insurance coverage or coverage which is different in kind, the CITY reserves the right to require the provision by CONSULTANT of an amount of coverage difflarent from the amounts or kind previously required and shall afford written notice of such change in requirements thirty (30) days prior tot date on which the requfrements shall take effecL Should the CONSULTANT WI or refuse to satisfy the requirement of changed coverage within the thirty(30) days following the CITY'S written notice, the CITY, at its sole option, may terminate the Contract upon written notice to the CONSULTANT,said termination taking effect an the date that the required change in policy coverage would otherwise take effect. 10.4 CONS U LTANT shall, for a period of two (2)years following the termination of the Agreement, maintain it coverage"in an amount equal tot described above if coverage is not otherwise renewed for Comprehensive Liability Insurance on a claims-made policy only. ARTICLE I I -INDEPENDENT CONTRACTOR 11.1 The CONSULTANT and the CITY agrot t the CONSULTANT is an independent CONSULTANT wilh respect tot services provided pursuant to this Contract. Nothing inti Contract shall be considered to create the relationship of employer and employee between the parties hereto. Neither CONSULTANT nor any employee of CONSULTANT shall be entitled to any benefits accorded CITY empI oyees by virtue oft services provided under this Contract. The CITY shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to CONSULTANT, or any employee of CONSULTANT. 11® CONSULTANT acknowledges and understands that, as an independent CONSULTANT pursuant tothis Agreement, CONSULTANT shall comply with Chapter 119, norlda Statutes, as amended (Public Records). CONSULTANT'S obligation Includes, but is not limited to CONSULTANT'S obligation to preserve public records and make public records available to third parties in addition to the CITY. ARTICLE 12 -COVENANT AGAINST CONTINGENT FEES 12.1 The CONSULTANT warrants that he has not employed or retained any company or person, other then a bonsfide employee working solely fort CONSULTANT, to solicit or secure this Contract, and that he has not paid or agreed to pay any oompany or person, other than a bonal'Ide employee working solely for the CONSULTANT, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, the CITY shall have the right to annul this Contract without liability or, in its discretion to deduct from the contract Boynton Headi Wities-General Consulting SeMea V. CLRAN RNAL C-19 Page 531 of 1256 price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee, ARTICLE 13—TRUTH-IM-NEGOTIATION CERTIFICATE 13.1 Execution of this Contract by the CONSULTANT shall act as the execution of a truth-in-negotiation certificate certifying that the wage rates and costs used to determine the compensation provided for in this Contract is accurate, complete, and cu on as of the date of the Contract. 132 The said rates and cost shall be adjusted to exclude any significant sums should the CITY determine that the rates and costs were increased due to inaccurate, incomplete,or non-current wage rates or due to inaccurate representations of fees paid to outside CONSULTANTS. The City shall exercise Its dghts under this nCertificaW within one(1)year following payment. ARTICLE 14 - QK1RACJ[NQ 14.1 The CITY reserves the right to acceptthe use of a SUB-CONSULTANT or to reject the selection of a particular suANT and to inspect all facilffies of any SUB-CONSULTANTS in order to make a determination as to the capability of the SUB-CONSULTANT to perform property under this contract. The CONSULTANT is encouraged to seek local vendors for participation in subcontracting opportunities. If the CONSULTANT uses any sub CONSULTANTS on this project the following provisions of this Article shall apply: 14.2 If a SUB-CONSULTA falls to perform or make progress, as required by this Contract, and it is necessary to replace the SUB-CONSULTANT to complete the work in a timely fashion, the CONSULTANT shall promptly do so, subject to acceptance of the new SUB-CONSULTANT by the CITY. The substitution of a subcontractor shall not be adequate cause to excuse a delay int performance any portion oft contract as set forth in the Scope of Work. 143 The CONSULTANT, its SUB-CONSLILTS, agents, servants, or employees agree to be bound by the Terms and Conditions of this Contract and it's agreement with the SUB-CONSULTANT for work to be performed for the City the CONSULTANT must incorporate the terms of this contract. ARTICLE 16 -DISCRIMINATION PROHIBITED 15,1 The CONSULTANT, with regard to the wori performed by it under this Contract, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies, ARTICLE 16-,ASSIGNMENT 16.1 The CONSULTANT shall not sublet or assign any of the services covered by this Contract without the express written consent of the CITY. Boynton Beach Utiflues-General Conmiting Services V.5 CLEAN FINAL C-20 Page 532 of 1256 ARTICLE 17 -N614-WAIVER 171 A waiver by either CITY or CONSULTANT of any breach of this Contract shall not be binding upon the waiving party unless such waiver® in writing. In the event of a written waiver, such a waiver shall not affect the waiving partys rights with respect to any other or further breach. The making or acceptance of a payment by either party with knowledge of the existence of a deflault or breach shall not operate or be construed to operate as a waiver of any subsequent defauft or breach, ARTICLE IS—TERMINATION 18.1 Termination for Convenience: This. contract may be terminated by the CITY fbr convenience, upon ten (10) days of written notice by the terminating party to the other party for such termination in which event the CONSULTANT shall be paid its compensation for services performed to termination date, including services reasonably related to termination. In the event that theCONSULTANT abandons the Contractor causes Itto be terminated,CONSULTANT all indemnify the CITY against loss pertaining to this termination, 18.2 Termination for Delbult:: In addftion to all other remedies available to the CITY, this Contract shag be subject to cancellation by the CITY for cause, should the CONSULTANT neglect or fall to perform or observe any of the material terms, provisions, conditions, or requirements herein contained, if such neglect or failure continue for a period of thirty (30) days after receipt by CONSULTANT of written notice of such neglect or failure, In the event of non-payment of other material breach of this Contract by CITY, the Contract is subject to cancellation by CONSULTANT should such condition continue for a period of thirty(30)days after receipt by CITY of written notice of breach. ARTICLE 19—DISPUTES AND VENUE 19.1 Any dispute arising out of the terms or conditions of this Contract shall be adjudicated within the courts of Florida, Further, this Contract shall be construed under Florida Law. Claims, disputes or other matters in question between the parties to this Contract arising out of or relating to this Contract shall be in a court of low. The CITY does not consent to madlal:lon or arbitration for any matter connected to this Contract. The parties agree that any action arising out of this Contract shall take place in Palm Beach County, Florida. ARTICLE 20—UNCONTROLLABLE FORCES 20.1 Neither the CITY nor CONSULTANT shall be considered to be in default of this Contract If delays In or failure of performance shall be due to Uncontrollable Forces, the effect of which, by the exercise of reasonable diligence, the non- performing party could not avoid. The term "Uncontrollable Forces' shall mean any event which results int prevention or delay of performance by a party of its obligations under this Contract and is is beyond the reasonable control of the non-performing party. It includes, but is not limited to fire, flood, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage, and Boynton Heach Utilities-General Consulting Services V.5 CLENNFINAL C-21 Page 533 of 1256 governmental actions. In such circumstances, parties agree to an equitable adjustment of schedules and prices. 20.2 Neither party shall, however, be excused from performance if non-performance is due to forces which are preventable,removable,orremediable,and which the non- performing party could have,with the exercise of reasonable diligence, prevented, removed, or remedied with reasonable dispatch. Ten n- or 1 ll, within a reasonable time of in prevented or delayed from performance by an uncontrollable force, give written notice to the other party describing the circumstances and uncontrollable forms preventing continued performance of the obligations aft is Contract, ARTICLE 21 —fel 7Y-PIS OVIM)LN -ORMATION L_AND 21A CITY shall furnish CONSULTANT available studies, reports and other data pertinent to CONSULTANT's services-, obtain or authorize CONSULTANT to obtain or provide additional reports and date as required,furnish to CONSULTANT services of others required for the perFormance of CONSULTANT's services hereunder, and CONSULTANT shall be entitled to use and rely upon all such information and services pruvided by CITY or others in performing CONSULTANT'S services under this Agreement. ARTICLE 22—ESTIMATES AND PRoigurIONS 22.1 In providing opinions of cost, financial analyses, economic feasibility projections, and schedules for potential projects, CONSULTANT has no control over cost or price of labor and material; unknown or latent conditions of existing equipment or structures that may affect operation and maintenance costs, competitive bidding procedures and market condons; time or quality of performance of third parties; quafity, type, management, or direction of operating personnel; and other economic and oper*lonal factors that may materially affect the ultimate project cost or schedule.Therefore,CONSULTANT makes no warranty that CITY'S actual project costs, financial aspects, economic feasibility, or schedules will not VE" from CONSULTANT'S op!nion%analyses, projections, or estimates. ARTICLE 23—THIRD PARTIES 23.1 The services to be performed by CONSULTANT are intended solely for the benefit of CITY, No person or entity not a signatory to this Agreement shall be entitled to rely on CONSULTANT'S performance of its services hereunder, and no fight to assert a claim against CONSULTANT by assignment of indemnity rights or cate shall accrue to a third p" as a result of this Agreement or the performance of CONSULTANT's services hereunder. Boynton Beadw Utilities-General Consulting Saviecs V.5 CLEAN FINAL C-22 Page 534 of 1256 ARTICLE 24 - NOTICES 24.1 All notices required in this Contract shall be sent to the CITY and shall be mailed to: —---------- ------- --7————----------------------—-------------—------ Aitrr Ut"Iftlif DirectorC M 'n 8 -------------- ------------- --- --- E,Wool Prock.l.rernenit ----8er,/kx,,,m ........ ................. —-------------------------------- C). Btox,310 EL33435 P,1 ---------- rs And Notices to CONSULTANT,shall be sent to the following address., C.- ................... Atkrr Rick 01so U-r---------------- " W 411!2 M�114------ swjv",, 610 ------------------ _R- 33487 ----------— ARTICLE 25 -INTEGRA,rED AGREEMENT 25.1 This Contract, together with the RFQ/RFP and any addenda and/or attachments, represents the entire and integrated agreement between the CITY and the CONSULTANT and supersedes all pdor negotiations, representations, or agreements written or oral. This Contract may be amended only by written instrument signed by both CITY and CONSULTANT. 25.2 In the event of a conflict between a provision of this Agreement and a provision of an individ ual Task Order, the provision of the Task Order will control. ARTICLE 26-SOVEREIGN IMMUNITY 26.1 CITY is a political subdivision ot tne bitate of Florida and enjoys sovereign immunity. Nothing in the Agreement is intended, nor shall be construed or interpreted, to walve or modify the immunitles and limitations on liability provided for in Section 768.28, Florida Statute, as may be amended from time to time, or any successor statute thereof. To the contrary,all terms and provisions contained in the Contract, or any disagreement or dispute concerning It, shall be construed or resolved so as to insure CITY of the limitation from liability provided to any successor statute thereof. To the contrary, all terms and provision contained in the Contract, or any disagreement or dispute conng it, shall be construed or resoWed so as to insure CITY of the limitation from liability provided to the State's subdivisions by state law. 26.2 In connection with any litigation or other proceeding arising out oft Contract,the prevailing party shall be entitled to recover Its own costs andattorney fees through and including any appeals and any post-judgment proceedings. CITY'S liability for costs and attorney's fees, however, shall not after or waive CITYS entitlement to sovereign immunity, or extend CITY'S liability beyond the Ilmits established in Section 768.28, Florida Statutes, as amended. Boynton Beach Utilities-General Consuf6ng Servim V.5 CLEAN FWAL C-23 Page 535 of 1256 ARTICLEPUBLIC RECORDS 27.1 The City is public agency subject to Chapter 119, Florida Statutes. The CONSULTANT shall comply with Florida's Public Records Law. Specifically, the Contractor shall- A. Keep and maintain public records required by the CF17Y to perform the service; ® Upon request from the CITY'S custodian of public records,provide the CITY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not txceed the cost provided in chapter 119, Fla. Stat°or as otherwise provided by law; C. Ensure that public records that are exempt or that arc confidential and exempt from public record disclosure requirements am not disclosed except as authorized by law for the duration of the contract tenn and, following completion of the contract Contractor shall destroy a copies of such confidential and exempt records remaining in its posession on the Contractor transfers the records hi its possession tD the CITY; and D. Upon completion of the contract Contractor shall transfer to the CITY, atno oostto 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 CITYS custodian of public records, in a format that is compatible with the info do technology systems of the CITY. E. IF THE, CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPITR 119, FLORIDA STATUES, TO THE CONTRACTOWS DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: (CITY CLERK) P.O.BOX 310 BOYNTON BEACK FLORIDA,33425 561-742-6061. xMikAMELU Boynton Beach Utilities-General Consultin g Services V. CLEAN FINAL C-24 Page 536 of 1256 THE PARTMS HAVE EVALUATED P SKS AND REhIEDIES UNDER TTIIS AGREEMENT AND AGREE TO ALLOCATES S T THE REMEDIES TO REFLECT THAT EVALUATION. CITY AGREES TO RESTRICT ITS REMEDIES UNDER THISAGREEMENT AGAINST CONSULTANT, ITS PARENTS, AFFILIATESSUBSIDIARIES, AND THEIR RESPECTIVEDIRECTORS, OFFICERS, SHAREHOLDERS AND EMPLOYEES, C-CO S T 'S COVERED PARTIES'), SO THAT THE TOTAL AGGREGATE LIABILITY F THE CONSULTANT'S COVERED PARTIES SHALL NOT EXCEED THE VALUE OF CONSULTANT'S SERVICES THE ASSIGNED TASK ORDER, THIS RESTRICTION OF REMEDIES SHALL APPLY T ALL SUITS,CLAIMS,ACTIONS,LOSSES,COS (INCLUDING ATT S)AND DAMAGES OF ANY NATUREARISING FROMTO THIS AGREEMENT WrMOUT REGARDTO THE LEGAL THEORY UNDER WHICH SUCH LIABILITY I H%IPOSED. CLAIMS MUST HE BROUGHTONE CALENDARFROM PERFORMANCE OF THE SERVICES UNLESS A LONGER. PERIOD IS REQUIRED LAW. IN , the partiesi In multiple copies, i II be consideredri I I on the following : DATED thjs 7 day of , 20 1 CITY OF BOYNTON BEACH Citi Manager -C:OINSUL ANT Attest/Authenticated: Twe (Corporate Seal} City rk Approv d as to 0 AttestlAuthenticated: —9- 6ra� ffiL tA&Mey SecreLary, Boynton Utilities-Generd Consulting .5 CLEAN Page 537 of 1256 EXHIBIT"A" RATE SHEET CRI johaltec Inc DATE_ .... ........ lvt�V'bshfV'{iLl int t$9)��u�'`; OFat �P Q,,I�I°19�t}v . ... .,........ ................................. ,... W f 6 .......,....t Sir !%,I ' 0LO .....,.... _:. .. ................,c: �..... {v. �,... ...,,.ate t 'sa"t'ihll2 int.` ,N -,.,3.c,u .......... ..... ....... ............ { ...................... p f IC 3 P 6t 11.1-((,',','/,, ((,.dr,I, � R„cl 1,kdt,iv n ».,,�a,1 d �,.�.mm, ...,,, �....�.,M . at l{" Yl' €fdvlhat ifir .. I a ft�.ztt aft , .... , frri4.!„1P� '«�� ,its.., wF4 dn €�I Reimbursable Evnpncpz, Direct costs such as poaage,prints,delivery service will be billed at cost. y t=Bearh Utilities-Gmeral Consulting Servims V.5 CLEAN FINAL Page 538 of 1256 EXE"ff 46B99 City of Boynton Beach Risk Management Department INSURANIM ADVISORY FORM Under the terms and conditions area contracts,leases,and avemnants,the City requiras appropriate,coverages listing the City of Boynton 13cach as Additional bsnre& This is done by providing a Certificate of fitsurence listing the City as"Certificate Holder" and"Ile City of Boynecat Heach is Additional ImLsed as reopect to cansroges notod-"Insumance cornpanins providing Insurance coverages meet have a current rating by A-M.Best Co. of'11+�'or highm, (NOYE- An Warance contract or binder as be orcriered to proof af innerance if Cerfifinare it provided upon selection of van don) 'Me following is a M of types of thsarance required of contractors,lessees,eto.,and the limits required by the Cfty: (NOTM This Ust is not all inclusive,and the City reserves the right to require addit`on d types of fusurance,or to raise or lower the stated limits,hued upon identified risk) (Occurrence used Ord ) MMMUM IMITS REOUIRED General Liability General Aggregate 3 1,000,000.00 Commercial General Liability Pro ducts-Compft Agg, S 1,000,000.00 Owners&Contractoes Protective(OCP) Personal&Adv,Injury S 1,000,000.00 Liquor liability Each occurrence $ 1,000,000.00 Professional Liability Fire Damage(any one fire) $ 50,000.00 Employees&Offictes Mcd.Expense(any one paroon) $ 5,000.00 Pollution Liability Asbestos Abatement Lead Abatement Broad Form Vendors Premises Operations Underground Rglosion&Collapse Products Completed Operations Contractual Independent Contractors Broad Fenn Property Damage Put Legal Liability Amranobile Unibility Combined Single Limit S 500,000.00 Any Auto Bodily lujury(per person) to be determined All Owned Autos Bodily Injury(por accident) to be de ed Scheduled.titan Property Damage to be detennined. Ffired Autos Trailer Interchange $ 50,000,00 Mon-Owned Autos PIP Basic Intermodal Garage Liability Ante Only,Each Accidwt 1,000,000.00 Any to Other Than Auto Only S 100,000.00 Garage Keepers Liability Each Accident $1,000,000.00 Aggregate S 1,000,000.00 Excess Liability Each Occurrence to be determined Umbrella Form Aginegaft: to be desambW Worker's Compensation Statutory Limits Employer's Liability Ewh Accident 100,000.00 Discam,P Dliry Limit 500,000.00 Disease Each Employw $ 100,000.00 Prop" Homeowners Revocable Permit S 300,000.00 Buildea's Risk Limits hued an project Cost Odier- As Risk Identified to be detenninod ................. Boynton Beach Utilities-General Consulting SeMces V,5 CLEAN FINAL C-27 Page 539 of 1256 EXHIBIT " PERFORMANCE EVALUATION CONSULTrNG ENGINEERS Boynton c Utilities-General Consulting Services .5 CLEAN FI - 28 Page 540 of 1256 E., , "C" EVALUATIONPERFORMANCE ENGINEERSCONSULTING DESIGNIENGINEERING BID DOCUMENT PREPARTION PHASE vl rsn, r . i u qqy -, .' is sb tab"1, . j 2v .... ......� 5, -As ofsubmissions 6, "Pians clearldeelafled _ . — *Preliminary administrativetlirnited staff reviewlevaluation of levels of clarity, accuracy, and coordination n disciplines. P .s FINAL T PREPARATION, BID,&AWARD BY CONSULTANT Rate n mi' rleaiiy 1 to 5 with 6 bellpthe � t ow-a N/A. .q . . mm mmmmmmmm_____._�-.,...........................,, �- 3j::j ..�-4 .m.m..m.mmm. ........ 4,.. rn rneru r s estiMate .._. 3 4 i Fri. 'I Irfi �� � ubirdsal n .v 7. Pm-bid conferemrA-a ,d«, y P^s se o ( yn — ,5^A Irr Bid—evaluation qual imeliness it .:.. Re anse to build rr, �j rmi,*rr�m �r �i � ..mmmmmmmmmm 1 i Ike'dendurn pr 3or j rimy pp!M m ppLic2 i�jn i _.._ mmm m.._.. i r Boynton Beach Udiffl -Gcncral Consulting Suvices 29 V.5 CLEAN L ,� Page 541 of 1256 X . ff "C"' PERF01MANCE rtVALIJATION FORM CONSTRUCTION PHASE COMPLETION ateerg I to 5 �.with 5 bein the highnest score 2. a Plans/S aoAccurate/Coordinated2 4 � 3.�.. -Dass Constructa �t 2 3 4 Timeh no s at" of Pr000 it Submittals 2 _ 4 5 Producytgulp[nent Selection Avallabil, 1 We tafr a lovestloations I2 5 _gvarfty of So ort Services 1 2 2 5 . Overall Construction Contract inisb flo 2 4 5 k Pro° �� of stat P. ta . 5 '10. alt ° of Claims for Extra o _.. t 2 3 4 5 -Tl—. � ora to roe t off dent copies of signal plans to allow for fimely revl&w andapproval by all t 2 3 4 5 Parittra aoie " 27 Did the Consuftant actively participate to overcoming problems with the Contractor,ctor, Building f 2 3 4 5 ffiola and/or ReaulatorV Agencies? I& Change Order Processing (Accuracy, ` i e-1 f 2 3 4 5 DocurnentLaboE, etcj tin Did the Consultant exercise o ato.oti ordination and control of a c o f rpt s or f 2 3 4 5 aaoo�afar mor a � o�° 57Proatia Partici atior� aottio f t 2 f 2 4 5 ,. ,IC tq °'1(` �t'� t.•I `,'t;( ,1, �7lll ,t t Hf-�Mkr" (-)h, V T, �.,. Boynton Beach Utilities-Gerietal Consulftg Semlow V.5 CLEAN FINAL Page 542 of 1256 EXHIBIT AVI PERFORMANCE EVALUATION FORM CONSULTING ENGINEERS (wntlnued) PLANNING/STUDY ACTIVITY, REPORT, OTHER Rate nunierJ1cA!!y 1 to 11,th 5 bei n #ie h! heat score N/A -iWtp[quotiin sad 1 1 2 3 4 situation or ad, 2. 2 3. 1-imelln"m of submissions 4. 51 2 3 4 5 6, 2 34 F, in 7. 2 Baynton'Beach Utilities-Genend Consulting SeMm V.5 CLEAN FINAL C-31 Page 543 of 1256 7.B. BIDS AND PURCHASES OVER$100,000 2/19/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 2/19/2019 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R19-020-Authorize the City Manager to sign a contract with I nsituform Technologies, LLC as the lowest pre-qualified bidder as determined by review of bids submitted on January 22, 2019, resulting from the responses to the Request for Bids for Cured-in-Place Pipe Lining, (Bid No. ITB 03-CIPP-19/TP) in the amount of$191,043.60 for the project in Boynton Beach Leisureville and Gateway Boulevard. EXPLANATION OF REQUEST: On January 17, 2017, the Commission approved a list of three (3) pre-qualified contractors to perform Cured-In-Place Pipe (CIPP) Lining as a result of RFQ#057-2821-16/TP. The intent is that when utilities has a CIPP project a bid will be sent to the 3 pre-qualified contractors and ask them to submit bids from which one will be recommended to be awarded the contract. A Request for Bids (the third of several planned) was issued to our pre-qualified Contracting Firms to submit line item pricing to perform Cured-in-Place Pipe Lining (CIPP) of stormwater mains in Boynton Beach Leisureville and Gateway Boulevard. CIPP lining is a trenchless method of placing a flexible lining into an existing pipe and utilizing heat and pressure to expand and cure the lining. The new CIPP lining will provide a barrier to minimize groundwater inflow and soil infiltration at existing stormwater pipe joints. Leaking pipe joints would potentially carry soil material surrounding the joint, which may cause depressions in roadway. The Scope of Work detailed in the request for Bid includes the following general items: . Task 1 — Pre-lining cleaning and video inspection . Task 2 — Bypass pumping and maintenance of traffic . Task 3 — Pipe lining . Task 4 — Post-lining video inspection The selected Contractor will furnish all labor, materials, equipment, incidentals and appurtenances to complete the defined Work as outlined in the Contract Documents. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? This approval will allow City Manager to sign a contract with Insituform Technologies, LLC. in the amount of $191,043.60.Stormwater, pipe lining will increase structural integrity and flow capacity of the pipe. FISCAL IMPACT: Budgeted Budgeted. The fiscal impact as a result of this approval and subsequent PO's is included in the current and proposed Utility budget. Funds for this repair service are available from the Utilities account number 403- 5000-538-65-09 ALTERNATIVES: Not approve the recommended contractor as provided and request that a new Bid for CIPP Lining be Page 544 of 1256 advertised. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Resolution Resolution approving Contract with I nsituform D Contract Draft Contract D Attachment Bid Opening tap D Attachment Schedule of Bid Items D Addendum Storm ter Invitation to Bid D Addendum I nsituform Submittal Page 545 of 1256 1 RESOLUTION NO. R19- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, APPROVING AN AWARD OF BID AND 5 AUTHORIZING THE CITY MANAGER TO SIGN A 6 CONTRACT WITH INSITUFORM TECHNOLOGIES,LLC., 7 AS DETERMINED BY REVIEW OF BIDS SUBMITTED IN 8 RESPONSE TO ITB 03-CIPP-19/TP FOR "CURED-IN- 9 PLACE PIPE LINING" IN THE AMOUNT OF $191,043.60; 10 AND PROVIDING AN EFFECTIVE DATE. 11 12 WHEREAS, on January 17, 2017, the City Commission approved a list of three(3) 13 pre-qualified contractors to perform Cured-In-Place Pip (CIDP) Lining as a result of RFQ 14 #057-2821-16/TP so that when Utilities has a CIPP project a bid will be sent to the 3 pre- 15 qualified contractors and ask them to submit bids from which one will be recommended to 16 be awarded the contract; and 17 WHEREAS, a Request for Bids was issued to our pre-qualified Contracting firms to 18 submit line item pricing to perform Cured-in-Place Pipe Lining of sewer mains in Leisureville 19 and Gateway Boulevard; and 20 WHEREAS, staff reviewed the bid proposals and it was determined that Insituform 21 Technologies, LLC was the lowest, pre-qualified bidder; and 22 WHEREAS,the City Commission of the City of Boynton Beach upon recommendation 23 of staff, deems it to be in the best interest of the citizens of the City of Boynton Beach to award 24 ITB 03-CIPP-19/TP for Cured-In-Place Pipe Lining in the amount of $191,043.60 and 25 authorize the City Manager to sign a Contract with Insituform Technologies, LLC. 26 NOW, THEREFORE,BE IT RESOLVED BY THE CITY COMMISSION OF 27 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 28 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed 29 as being true and correct and are hereby made a specific part of this Resolution upon C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\1356CFDF-2049-41CC-A540-5237BOECE364\Boynton Beach.14786.1.Award_Bid and—Contract to—Insituform—Technologies for_Cured_In Place Pipe_Lining(2019)_-_Reso.docx -1 - Page 546 of 1256 30 adoption. 31 Section 2. The City Commission of the City of Boynton Beach, Florida, hereby 32 approves the award ITB 03-CIPP-19/TP for Cured-In-Place Pipe Lining in the amount of 33 $191,043.60 and authorize the City Manager to sign a Contract with Insituform Technologies, 34 LLC., a copy of which is attached hereto as Exhibit"A". 35 Section 3. That this Resolution shall become effective immediately. 36 PASSED AND ADOPTED this day of , 2019. 37 CITY OF BOYNTON BEACH, FLORIDA 38 39 YES NO 40 41 Mayor— Steven B. Grant 42 43 Vice Mayor— Christina L. Romelus 44 45 Commissioner—Mack McCray 46 47 Commissioner—Justin Katz 48 49 Commissioner—Aimee Kelley 50 51 VOTE 52 ATTEST: 53 54 55 56 Judith A. Pyle, CMC 57 City Clerk 58 59 60 (Corporate Seal) C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\1356CFDF-2049-41CC-A540-5237BOECE364\Boynton Beach.14786.1.Award_Bid and—Contract to_Insituform_Technologies for_Cured_In Place Pipe_Lining(2019)_-_Reso.docx -2- Page 547 of 1256 STORMWATER CURED-IN-PLACE PIPE LINING BOYNTON BEACH LEISUREVILLE AND GATEWAY BOULEVARD (CIPP) RFQ No.: 057-2821 -16/TP ITB 03-CIPP-19/TP CONSTRUCTION CONTRACT THIS AGREEMENT is entered into between the CITY OF BOYNTON BEACH, a municipal corporation, hereinafter referred to as "CITY", and Insituform Technologies, LLC, 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 February 19, 2019, by Resolution No.: , the CITY Commission authorized the proper CITY officials to execute this Contract hereinafter referred to as Contract No.: ITB 03-CIPP-19/TP, 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: STORMWATER CURE-IN- PLACE-PIPE LINING BOYNTON BEACH LEISUREVILLE AND GATEWAY BOULEVARD RFQ No 057- 2821-16/TP, ITB 03-CIPP-19/TP. Article 2. CONTRACT TIME; LIQUIDATED DAMAGES. 2.1 The WORK will be substantially completed within 90 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 Boynton Beach Utilities—Stormwater Cured-In Place Pipe Lining Boynton Bch Leisureville and Gateway Blvd. C-1 ITB 03-CIPP-19/TP Revised 1/23/19 2.2.1 CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay the CITY, SEVEN HUNDRED FIFTY Dollars ($750.00)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, ONE HUNDRED EIGHTY-SEVEN DOLLARS AND FIFTY CENTS ($187.50) for each day that expires after the time specified in paragraph 3.1 for completion and readiness for final payment. 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 HUNDRED NINETY-ONE THOUSAND FOURTY-THREE DOLLARS AND SIXTY CENTS (Written) $191,043.60 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. 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. 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. 4.2 Ten percent (10) of all monies earned by the CONTRACTOR shall be retained by CITY until completion of the construction services. 4.3 The CITY may withhold, in whole or in part, payment to such extent as may be necessary to Boynton Beach Utilities-Stormwater Cured-In Place Pipe Lining Boynton Bch Leisureville and Gateway Blvd. C-2 ITB 03-CIPP-19/TP Revised 1/23/19 protect itself from loss on account of: 4.3.1 Defective Work not remedied. 4.3.2 Claims filed or reasonable evidence indicating probable filing of claims by other parties against CONTRACTOR. 4.3.3 Failure of CONTRACTOR to make payments properly to SUBCONTRACTORS or for material or labor. 4.3.4 Damage to another CONTRACTOR not remedied. 4.3.5 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. 4.4 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 5. 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 Invitation to Bid 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) 6.3 Contract 6.4 Contractor's Performance and Payment Bond 6.5 General Conditions 6.6 Special Conditions 6.7 Technical Specifications 6.8 Drawings entitled: Appendix "A", Stormwater Cured-In-Place Pipe Lining Boynton Beach Leisureville and Gateway Boulevard 6.9 Addendum No. 1 Dated January 2, 2019. Boynton Beach Utilities-Stormwater Cured-In Place Pipe Lining Boynton Bch Leisureville and Gateway Blvd. C-3 ITB 03-CIPP-19/TP Revised 1/23/19 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 Copy to: Procurement Services Division Attn: Tremaine Johnson, Operation Field Manager Attn: Director of Finance City of Boynton Beach 124 E. Woolbright Road 3301 Quantum Blvd., Suite 101 Boynton Beach, FL 33435 Boynton Beach FL 33426 Tel (561) 742 - 6476 Tel (561) 742-6312 Fax(561)742-6322 And if sent to the CONTRACTOR shall be mailed to: CONTRACTOR; Insituform Technologies, LLC ADDRESS: 17988 Edison Avenue CITY/STATE/ZIP: Chesterfield, MO 63005 Attn: Diane Partridge, Contracting and Attesting Officer Tel: (636)530-8000 Fax: (636)530-8701 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, Boynton Beach Utilities-Stormwater Cured-In Place Pipe Lining Boynton Bch Leisureville and Gateway Blvd. C-4 ITB 03-CIPP-19/TP Revised 1/23/19 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. 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: JUDY PYLE, CITY CLERK 3301 QUANTUM BOULEVARD, SUITE 101 BOYNTON BEACH, FLORIDA, 33426. 561-742-6061. PYLEJ@BBFL.US Article 11. SCRUTINIZED COMPANIES 287.135 and 215.473. By submission of this Bid, Proposer certifies that Proposer is not participating in a boycott of Israel. Proposer further certifies that Proposer is not on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has Contractor been engaged in business operations in Syria. Subject to limited exceptions provided in state law, the City will not contract for the provision of goods or services with any scrutinized company referred to above. Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to Contractor of the City's determination concerning the false certification. Contractor shall have five (5)days from receipt of notice to refute the false certification allegation. If such false certification is discovered during the active contract term, Contractor shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If Contractor does not demonstrate that the City's determination of false certification was made in error then the City shall have the right to terminate the contract and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time. Solicitation responses of$1 million or more must include the attached Scrutinized Companies form to certify that the Proposer is not on either of those lists 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-Stormwater Cured-In Place Pipe Lining Boynton Bch Leisureville and Gateway Blvd. C-5 ITB 03-CIPP-19/TP Revised 1/23/19 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 12019. CITY OF BOYNTON BEACH CONTRACTOR Lori LaVerriere, City Manager Name Attest/Authenticated: Title (Corporate Seal) Judy Pyle, City Clerk Approved as to Form: Attest/Authenticated: James A. Cherof, City Attorney Secretary Boynton Beach Utilities-Stormwater Cured-In Place Pipe Lining Boynton Bch Leisureville and Gateway Blvd. C-6 ITB 03-CIPP-19/TP Revised 1/23/19 0 PERFORMANCE BOND 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 20 , 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—Stormwater Cured-In Place Pipe Lining Boynton Bch Leisureville and Gateway Blvd 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—Stormwater Cured-In Place Pipe Lining Boynton Bch Leisureville and Gateway Blvd PFB-2 THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED AT AWARD Signed and sealed this day of 12019. Principal (Seal) Witness Title Surety Witness Attorney-in-Fact END OF PERFORMANCE BOND Boynton Beach Utilities—Stormwater Cured-In Place Pipe Lining Boynton Bch Leisureville and Gateway Blvd PFB-3 THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED AT AWARD 0 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 20177 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: 1. 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 Boynton Beach Utilities—Stormwater Cured-In Place Pipe Lining Boynton Bch Leisureville and Gateway Blvd PYB-1 THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED AT AWARD 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 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 Boynton Beach Utilities—Stormwater Cured-In Place Pipe Lining Boynton Bch Leisureville and Gateway Blvd PYB-2 THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED AT AWARD materials or supplies. Signed and sealed this day of 12019. Principal (Seal) Witness Surety Witness Attorney-in-Fact END OF PAYMENT BOND Boynton Beach Utilities—Stormwater Cured-In Place Pipe Lining Boynton Bch Leisureville and Gateway Blvd PYB-3 THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED AT AWARD Q� IF 41 go JA 0 CITY OF BOYNTON BEACH WARRANTY OF TITLE STATE OF FLORIDA COUNTY OF being first duly sworn, deposes and says as follows: He is of (Title) (Name of Corporation or Firm) a Florida Corporation ( ) Check One a Florida General Partnership ( ) a Florida Limited Partnership ( ) a Sole Proprietor ( ) which is named in Construction Contract dated the day of 20 , between such corporation as the CONTRACTOR and the City of Boynton Beach, Florida as the OWNER, for the construction of and Affiant is authorized to make this Affidavit as, or on behalf of, the Contractor as named above. Title to all work, materials and equipment covered by the attached Final Application for Payment dated , passes to the Owner at the time of payment free and clear of all liens, and all laborers, material men and subcontractors have been paid for performing or furnishing the work, labor or materials upon such Contract work covered by the aforesaid Final Application for Payment. This statement under oath is given in compliance with Section 713.06 Florida Statutes. Affiant Sworn to and subscribed before me this day of 2019 Notary Public, State of Florida at Large My Commission expires: (SEAL) END OF WARRANTY OF TITLE Boynton Beach Utilities—Stormwater Cured-In Place Pipe Lining Boynton Bch Leisureville and Gateway Blvd WT-1 THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED AT AWARD Page 568.0� City of Boynton Beach Risk Management Department INSURANCE ADVISORY FORM Under the terms and conditions of all contracts, leases,and agreements,the City requires appropriate coverages listing the City of Boynton Beach as Additional Insured. This is done by providing a Certificate of Insurance listing the City as "Certificate Holder" and "The City of Boynton Beach is Additional Insured as respect to coverages noted." Insurance companies providing insurance coverages must have a current rating by A.M. Best Co. of"B+" or higher. (NOTE: An insurance contract or binder may be accepted as proof of insurance if Certificate is provided upon selection of vendor.) The following is a list of types of insurance required of contractors, lessees, etc., and the limits required by the City: (NOTE: This list is not all inclusive,and the City reserves the right to require additional types of insurance, or to raise or lower the stated limits, based upon identified risk.) ------------------------------------------------------------------------------------------------------------------------------------------- TYPE (Occurrence Based Only) MINIMUM LIMITS REQUIRED ------------------------------------------------------------------------------------------------------------------------------------------- General Liability General Aggregate $ 1,000,000.00 Commercial General Liability Prod ucts-Comp/Op Agg. $ 1,000,000.00 Owners&Contractor's Protective (OCP) Personal &Adv. Injury $ 1,000,000.00 Liquor Liability Each Occurrence $ 1,000,000.00 Professional Liability Fire Damage (any one fire) $ 50,000.00 Employees&Officers Med. Expense (anyone person) $ 5,000.00 Pollution Liability Asbestos Abatement Lead Abatement Broad Form Vendors Premises Operations Underground Explosion &Collapse Products Completed Operations Contractual Independent Contractors Broad Form Property Damage Fire Legal Liability ------------------------------------------------------------------------------------------------------------------------------------------- Automobile Liability Combined Single Limit $ 300,000.00 Any Auto Bodily Injury(per person) to be determined All Owned Autos Bodily Injury(per accident) to be determined Scheduled Autos Property Damage to be determined Hired Autos Trailer Interchange $ 50,000.00 Non-Owned Autos PIP Basic Intermodal ------------------------------------------------------------------------------------------------------------------------------------------- Garage Liability Auto Only, Each Accident $ 1,000,000.00 Any Auto Other Than Auto Only $ 100,000.00 Garage Keepers Liability Each Accident $ 1,000,000.00 Aggregate $ 1,000,000.00 ------------------------------------------------------------------------------------------------------------------------------------------- Excess Liability Each Occurrence to be determined Umbrella Form Aggregate to be determined ------------------------------------------------------------------------------------------------------------------------------------------- Worker's Compensation Statutory Limits Employer's Liability Each Accident $ 100,000.00 Disease, Policy Limit $ 500,000.00 Disease Each Employee $ 100,000.00 ------------------------------------------------------------------------------------------------------------------------------------------- P rope rty Homeowners Revocable Permit $ 300,000.00 Builder's Risk Limits based on Project Cost ------------------------------------------------------------------------------------------------------------------------------------------- Other- As Risk Identified to be determined ------------------------------------------------------------------------------------------------------------------------------------------ INSURANCE ADVISORY FORM REQUEST FOR QUALIFICATION (RFQ) Stormwater Cured-In-Place Pipe Lining Boynton Beach Leisureville And Gateway Boulevard (CIPP) "Offers from the vendors listed herein are the only offers BID OPENING DATE: 1/22/2019 received timely as ofthe above receiving date and time. RFQ OPE N I N G TI M E: 2:30 P.M. Al other offers submitted in response to this solicitation, BID No.: ITB 03-CIPP-19/TP if an y,are hereby rejected as late" VENDORS Insituform Technologies,LLC Salk Construction,_Lc 17988 Edison Avenue 864 Hoff Road Chesterfield,MO 63005 O'Fallon,MO 63366 Contact:Diane Partridge&Frank Kendrix Contact:Terry Adderhold Phone:636-530-8000 phone:636-385-1000 Email:dpartridge@aegion.com;fkendrix@aegion.com Email:bidcipp@sakcon.com RFQ DOCUMENTS SUBMITTALS Original(1) YES YES SCHEDULE OF BID ITEMS $191,043.60 $292,495.00 ACKNOWLEDGE ADDENDUM NO.1 YES YES ANTI-KICKBACK AFFIDAVIT YES YES NON-COLLUSION AFFIDAVIT OF RESPONDENT YES YES TRENCH SAFETY ACT AFFIDAVIT YES YES Trench Box 1 LF$1.00 OSHA-Approved LF 1$1.00 SAFETY PROGRAM COMPLIANCE YES YES WARRANTIES YES YES CERTIFICATION PURSUANT TO FLORIDA STATUTE§287.135 YES YES SCHEDULE OF SUB-CONTRACTOR YES NONE (2)LISTED Proline Vactor Midas Companies LOCAL BUSINESS STATUS CERTIFICATION YES YES N/A N/A STATEMENT OF NO BID N/A N/A STATE OF FL BUSINESS LICENSE YES YES EXPIRES AUG 31,2020 EXPIRES AUGUST 31,2020 CERTIFICATE OF LIABILITY INSURANCE NOT INCLUDED YES EXPIRED 8-2-2017 COMMENTS Corporate Background Safety and Accident Prevention Plan Drug Free Workplace and Substance Installer Certification Abuse Policy Certificate of Compliance Certificate of Registration Summary List of Closed Project 2013-Present Page 562 of 1256 LD N O co LD N O) m n 2 ------------------------ ------------------------ 000000000000000000000000 ommmmememmemm :x m: n a -------- ------------- s 0 3 u y y m ______________________.•; INVITATION TO BID FROM PRE-QUALIFIED CONTRACTORS FOR STORMWATER CURED-IN-PLACE PIPE LINING BOYNTON BEACH LEISUREVILLE AND GATEWAY BOULEVARD (CIPP) ITB NO. 03-CIPP-19/TP MANDATORY PRE-BID CONFERENCE December 20, 2018 AT 9:30 A.M. CITY OF BOYNTON BEACH' UTILITIES ADMINISTRATION BUILDING 124 E. WOOLBRIG'HT ROAD BOYNTON BEACH, FL 33435 BID OPENING DATE: January 22, 2019 BID OPENING TIME: 2:30 P.M. (LOCAL TIME) UTILITIES ADMINISTRATION BUILDING 0 INVITATION TO BID STORMWATER CURED-IN-PLACE PIPE LINING BOYNTON BEACH LEISUREVILLE AND GATEWAY BOULEVARD (CIPP) TABLE OF CONTENTS BIDDING REQUIREMENTS: Notice to Contractors...............................................................2 -4 Instruction to Bidders...............................................................5- 15 General Conditions for Construction.............................................GC-16 -GC-68 Special Conditions...................................................................Section 01000-Section 02322 Technical Specifications............................................................Section 1 - Section 8 BID FORMS "ATTACHMENT A": Schedule of Bid Items.................................................................................166- 169 Anti-Kickback Affidavit.................................................................................170 Non-Collusion Affidavit of Respondent............................................................171 Trench Safety Act Affidavit........................................................................... 172 Safety Program Compliance......................................................................... 173 Warranties................................................................................................ 174- 175 Certification Pursuant to Florida STATUTE § 287.135....................................... 176- 177 Schedule of Sub-Contractors ....................................................................... 178 Local Business Status Certification................................................................ 179 Statement of No Bid ................................................................................... 180 CONTRACT"ATTACHMENT B": DRAFT CONSTRUCTION CONTRACT(Subject to modification and final approval by City Attorney)...........................................................................C1-C6 ATTACHMENT"C": Performance Bond....................................................................................PFB-1 — PFB-3 PaymentBond.........................................................................................PYB-1 — PYB-3 Warrantyof Title.......................................................................................WT-1 Insurance Advisory Form............................................................................ APPENDIX"A": Drawings/Plans: 1050 Gateway Blvd. 1714 SW 16th Street 1515 SW 22nd Street......................................................................................... When completed and executed, these documents, along with the Plans and Specifications, collectively with applicable Power of Attorney certifications for bond agents and Certificates of Insurance for the Contractor,forms the Contract for this Project. Boynton Beach Utilities—Stormwater(CIPP)Lining BB Leisureville&Gateway Blvd 1 The City of Boynton Beach Fin ance/Procuremen t Services • 3301 Quantum Boulevard,Suite 101, Boynton Beach, Florida 33426 P. O. Box 310, Boynton Beach,Florida 33425-0310 Telephone: (561)742-6322 " FAX (561)742-6316 INVITATION TO BID STORMWATER CURED-IN-PLACE PIPE LINING BOYNTON BEACH LEISUREVILLE AND GATEWAY BOULEVARD (CIPP) ITB 03-CIPP-19/TP NOTICE TO PRE-QUALIFIED CONTRACTORS Bid submittals will be received in the City of Boynton Beach, UTILITIES DEPARTMENT, 124 E. Woolbright Road, Boynton Beach, Florida 33435 on or before: January 22,2019, No later than 2:30 P. M. (Local Time). One (1) original, of the response shall be submitted in one sealed package clearly marked on the outside: "Stormwater Cured-In-Place Pipe Lining Boynton Beach Leisureville and Gateway Boulevard (CIPP)" ITB 03-CIPP-19/TP and addressed to: City of Boynton Beach Utilities, Attention: Taralyn Pratt, 124 E. Woolbright Road, Boynton Beach, Florida 33435. Bids received after the assigned date and time will NOT be considered. The received time stamp shall be conclusive as to the timeliness of filing. The City of Boynton Beach is not responsible for the U.S. Mail or private couriers in regard to mail being delivered by a specified time so that Bids can be considered. The City reserves the right to consider Bids that have been determined by the City to be received late due to mishandling by the City after receipt of the Bids and prior to award being made. Scope of Work: The City of Boynton Beach is seeking Bids from the vendors pre-qualified as a result of Request For Qualifications No. 057-2821-16/TP — Cured in Place Pipe Lining for the installation of cured- in-place pipe liner using a resin-impregnated flexible tube method that is formed to the original conduit by use of a hydrostatic head. This Scope of Work for this specific Cured in Place Pipe Lining shall include: 1) Cured in Place Pipe Lining installation of 160 linear feet of an existing 24-inch diameter CMP storm drain pipe at 1714 SW 16th Street. 2) Cured in Place Pipe Lining installation of 126 linear feet of an existing 30- inch diameter CMP storm drain pipe at 1515 SW 22nd Street. 3) Cured in Place Pipe Lining installation of 281 linear feet of an existing 54-inch diameter CMP storm drain pipe at 1050 Gateway Blvd. Boynton Beach Utilities—Stormwater(CIPP)Lining BB Leisureville&Gateway Blvd 2 The work also includes, but is not limited to furnishing all labor, materials, equipment, maintenance of traffic, by-pass pumping, removal and disposal of accumulated debris, site cleanup, restoration, and all incidentals as required to complete the work. All work will be completed in accordance to the technical specifications. A MANDATORY Pre-Bid Conference and Site Inspection is scheduled for December 20, 2018 at 9:30 A.M. (local time), to be held in the City of Boynton Beach Utilities Administration Building, 124 E. Woolbright Rd., Boynton Beach, Florida 33435. Attendance is mandatory and proof of attendance will be evidence by the Bidder's signature or signature of Bidder's designee on the attendance sign-in sheet provided. Attendees shall visit site immediately following the meeting. The Utilities Department will provide an escort to the site. THE BIDDER IS ADVISED THAT THIS CONTRACT REQUIRES WORK IN ACTIVE STORMWATER CONVEYANCE SYSTEMS AND SHALL FOLLOW ALL FEDERAL, STATE AND LOCAL REQUIREMENTS FOR SAFETY IN CONFINED SPACES. THE AWARDED CONTRACTOR SHALL CONFORM TO ALL GUIDELINES BY THE OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION (OSHA) FEDERAL REGULATIONS; 29 CFR Chapter XVII, SECTION 1910.146-CONFINED SPACE ENTRY. BACKGROUND The City of Boynton Beach Storm Water Infrastructure is comprised of over 100,000 linear feet of stormwater conveyance systems. The system includes swales, positive displacement systems, exfiltration systems, and French drains. The City of Boynton Beach's storm water initiative is to use a number of specific best management practices, in order to meet its own code requirements as well as State and Federal regulations. It is the intention of the City to request approval by the City Commission and award a contract to the most responsive, responsible CIPP contractor whose bid is in the best interest of the City. The initial Purchase Order will be issued thereafter to the awarded Contractor for the Scope of Work required to be completed; the value of the Purchase Order will be based on line item pricing established in this Invitation to Bid. The City will continue progressive maintenance inspections to locate troubled areas in need of rehabilitation; future Scopes of Work will be determined using CCTV inspection reports and other factors such as immediate rehabilitation action due to pipe failures. The scope of work is more clearly defined in the Contract Documents, Special Conditions and Terms and Conditions for City Furnished Materials (if applicable), Technical Specifications and project drawings, which are hereby not listed in any order of precedence. At the time of the opening of bids, each bidder shall be presumed to have inspected the site and to have read to be thoroughly familiar with the plans and Contract Documents (including all addenda). Failure or omission of any bidder to examine any form, instrument or document shall in no way relieve any bidder from any obligation with respect to this bid. PUBLIC RECORDS DISCLOSURE: As per Florida Statutes §119.07, sealed Bids or Proposals received by the City in response to a Request for Proposal or Invitation to Bid are exempt from public records disclosure requirements until the City provides a notice of decision or thirty (30) days after the opening of the Proposals/Bids. If Boynton Beach Utilities—Stormwater(CIPP)Lining BB Leisureville&Gateway Blvd 3 the City rejects all Proposals/Bids submitted in response to a Request for Proposal or Invitation to Bid, and the City concurrently provides notice of its intent to reissue the competitive solicitation, the rejected Proposals/Bids remain exempt from public disclosure until such time as the City provides notice of a decision or intended decision concerning the competitive solicitation or until the City withdraws the reissued competitive solicitation. A Bid, Proposal or reply is not exempt for longer than twelve (12) months after the initial City notice rejecting all Bids, Proposals, or replies. Any questions relative to any item(s) or portion(s) of this Bid should be directed to Taralyn Pratt, Contract Coordinator, (561) 742-6447, pratttp_bbfl.us with Office Hours: MONDAY — FRIDAY, 8:00 A.M. TO 4:30 P.M. CITY OF BOYNTON BEACH TIM W. HOWARD Assistant City Manager—Administrative Services Boynton Beach Utilities—Stormwater(CIPP)Lining BB Leisureville&Gateway Blvd 4 0 INSTRUCTIONS TO BIDDERS These documents constitute the complete set of General Conditions, Specifications and Bid Forms. All Bid sheets and attachments must be executed and submitted in a sealed envelope. DO NOT INCLUDE MORE THAN ONE BID PER ENVELOPE. The face of the envelope shall contain Bidder's name, return address, date and time of Bid opening, and Bid number and title. Bids not submitted on the enclosed Bid Form shall be rejected. By submitting a Bid, the Bidder agrees to all terms and conditions specified herein. NO EXCEPTIONS TO THE TERMS AND CONDITIONS SHALL BE ALLOWED. Submittal of a Bid in response to this Invitation to Bid constitutes an offer by the Bidder. Bids that do not comply with these requirements may be rejected at the option of the CITY. The CITY reserves the right to waive technical defects in any Bid. As used in this Invitation to Bid, the words Bidder, proposer, and contractor may be used interchangeably, and when so used, deemed to mean Bidder. The low monetary bid will not in all cases be awarded the contract or purchase order. Contracts or purchase orders will be awarded by the city to the most responsive, responsible bidderwhose bid is in the best interest of the city. Evaluation of bids will be made based upon the evaluation factors and standards theretofore set forth in the instruction to bidders. The city reserves the right to reject any and all bids and to waive technical errors as heretofore set forth. In the event of a court challenge to an award by any bidder, damages, if any, resulting from an improper award will be limited to actual bid preparation costs incurred by the challenging bidder. By submitting a bid, bidder acknowledges this limitation on damages and recovery in the event of a protest or legal action challenging the award of bid. 1. DEFINED TERMS: Terms used in these Instructions to Bidders have the meanings assigned to them in the City of Boynton Beach, Standard General Conditions of the Construction Contract. Complete sets of Bid documents shall be used in preparing Bids. Neither CITY nor CONSULTANT assumes or disclaims any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bid Documents. 2. EXECUTION OF BID: Bid must contain a manual signature in ink, of an authorized representative who has the legal ability to bind the Bidder to contractual obligations. Bid must be typed or legibly printed in ink. Use of erasable ink is not permitted. All corrections made by Bidder to any part of the bid document must be initialed in ink. 3. NO BID: If not submitting a Bid, respond by returning one (1) copy of the "STATEMENT OF NO BID" and explain the reason by indicating as per reasons listed or in the space provided. Repeated failure to quote without sufficient justification may be cause for removal of the vendor's information from the City's mailing list. 4. BID SUBMISSION: It is the Bidder's responsibility to read and understand the requirements of this Bid. Bids shall be submitted to the Procurement Services Division. All Bids must be accompanied by the Bid Security(if required) and all other required documents. The Bid opening may be delayed at the sole discretion of the City. Under no circumstances shall Bids delivered after the Bid opening specified time has begun be considered and as such, Bids will be returned unopened. It is the Bidder's sole responsibility to assure that the Bid is delivered at the proper time and place prior to the Bid deadline. Offers by facsimile,telegram,or telephone are not acceptable.A Bid may NOT be altered by the Bidder after opening of the Bids. The Bidder is requested to submit one (1) original, of the bid. The original bid must be manually and duly signed in ink by a Corporate Officer, Principal, or Partner with the authority to Boynton Beach Utilities—Stormwater(CIPP)Lining BB Leisureville&Gateway Blvd 5 bind the Bidding firm by his/her signature. In the case of corrections, the Bidder must initial any erasures or alterations in ink. All Bids must be submitted in the English language. All prices, terms and conditions quoted in the submitted Bid must be expressed in U.S. Dollars, and will be fixed and firm for acceptance for ninety (90) calendar days from the date of the Bid opening unless otherwise stated by the City. 5. BID SECURITY: A five percent (5%) Bid Bond IS NOT REQUIRED FOR THIS BID. Individual project values cannot be determined until time of need as specified by the City. A Purchase Order will be issued for all projects and serve as a Contract between the Contractor and the City. A one hundred percent (100%) Payment and Performance Bond is required when an individual project value exceeds $75,000. Upon receipt of an Award Letter with the contract agreement for a purchase order, Bidder shall enter into a Contract and/or accept the purchase order with the CITY and furnish the necessary documents, including but not limited to: insurance certificates, performance and payment bonds in the amount total to the awarded contract amount. The Attorney-in-Fact who signs the bond must file with the bond a current proof of appointment as Attorney-in-Fact. The Bid deposit/security of the Successful Bidder shall be retained until such Bidder been awarded a binding Contract or Purchase Order or Contract Security whereupon the Bid security shall be returned if applicable. If the apparent Successful Bidder fails to execute a contract within ten (10) calendar days after receipt of the Award letter which is issued prior to the CITY's award of purchase order or contract, the CITY may annul such Award Letter, and the security of that Bidder shall be forfeited and retained by the CITY. The CITY may then recommend to acceptance of the Bid of the next lowest responsive, responsible Bidder,or to re-advertise for Bids. If the Bid of the next lowest, responsible Bidder is accepted, this acceptance shall bind such Bidder as though it was the original successful Bidder. There shall be no binding contract until the CITY executes the Contract or issued the Purchase Order as the final award of the contract. The Bid Security of other Bidder's whom the CITY believes to have a reasonable chance of receiving the award may be retained by the CITY until the earlier of the seventh day after the effective date of the Purchase Order or Contract, or the ninety-first day after the Bid Opening. The Bid Security furnished by non-awarded vendors will be returned. Bid Security with Bids which are not competitive or responsive shall be returned upon award of the Bid. 6. QUALIFICATIONS OF BIDDERS: The City will only consider solicitation responses from firms normally engaged in performing the type of work specified within the Contract Documents.Vendor must have adequate organization, facilities, equipment, and personnel to ensure prompt and efficient service to the City. Refer to Special Conditions for Additional Qualifications or Certification Requirements (if applicable). The City reserves the right to inspect the facilities, equipment, personnel and organization or to take any other action necessary to determine ability to perform in accordance with specifications, terms and conditions. The City will determine whether the evidence of ability to perform is satisfactory and reserves the right to reject responses where evidence or evaluation is determined to indicate inability to perform. The City reserves the right to consider a Vendor's history of any and all types of citations and/or violations, including those relating to suspensions, debarments, or environmental regulations in determining responsibility. Vendor should submit with its solicitation response a complete history of all citations and/or violations notices and dispositions thereof. Failure of a Vendor to submit such information may be grounds for termination of any contract awarded to successful Vendor. Vendor shall notify the City immediately of notice of any citations or violations which they may receive after the opening date and during the time of performance under any contract awarded to them. 7. EXAMINATION OF BID DOCUMENTS AND SITE: Pursuant to Article 4 of the General Conditions, Bidder must satisfy itself by personal and thorough examination of the location of the proposed Work; Bid Documents; requirements of the Work and the accuracy of the estimate for the quantities of the Work to be done. Following such examination, Bidder shall not at any time after the submission of a Bid, dispute or complain of such estimate the nature of the amount of Work to be done. Boynton Beach Utilities—Stormwater(CIPP)Lining BB Leisureville&Gateway Blvd 6 By submission of its Bid, Bidder certifies and affirms that it has at its own expense conducted any additional examinations, investigations, explorations, tests, and studies; and obtained any additional information and data which pertains to the physical conditions (surface, subsurface, and Underground utilities) at or contiguous to the site or otherwise; prior to bidding which may affect cost, progress, or performance of the Work and which Bidder deems necessary to determine its Bid price. In addition the Bidder further affirms that they have familiarized themselves with other terms and conditions of the Bid Documents and/or satisfied itself with respect to such conditions and shall make no claims against the CITY or the CONSULTANT if while carrying out the Work, Bidder finds that the actual conditions do not conform to those indicated. Bidder shall bear the cost of modifying the Project to accommodate such conditions. On request, the CITY will provide Bidder access to the site to conduct such investigations and tests, as Bidder deems necessary for submission of its Bid. Bidder shall schedule such access in advance with the CITY. Upon completion of such additional field investigations and tests, Bidder shall completely restore any and all disturbed areas. 8. CONTRACT SECURITY/INSURANCE:When required by the specification herein the successful Bidder shall furnish along with the executed construction contract and/or Purchase Order, a Performance and Payment Bond, and/or Warranty Bond, and insurance certificates as stated in this solicitation, on the CITY's forms, within ten (10) calendar days of receipt of the contract documents for execution. Successful Bidder is required to record the Bonds in the public records of Palm Beach County, Florida and provide the Bond number on the Performance and Payment Bond Form provided herein. Failure to furnish the required Bonds as stated and within the time specified may be cause for rejection of the Bid and any bid deposit may be retained by the CITY as liquidated damages and not as a penalty. Such sum shall be a fair estimate of the amount of damages the CITY would sustain due to Bidder's failure to furnish such Bonds. The Performance and Payment Bonds shall remain in effect for one (1) year after completion and acceptance of the Work with liability equal to 25%of the contract price. Performance and Payment Bonds are required only when individual projects, identified by the City on an "AS NEEDED BASIS"exceed $75,000.00. 9.SIGNING OF CONTRACT: The Award Letter will be presented to the Successful Bidder. Within ten (10) calendar days after issuance of the award letter, the successful Bidder shall sign and deliver the Construction Contract with the required bonds and insurance certificates to the CITY. After receipt and approval of such documents, the Construction Contract will be executed. Within thirty (30) calendar days thereafter, the CITY shall deliver a fully signed and executed Contract to the successful Bidder. 10.BIDS TO REMAIN OPEN: All Bids shall remain open for the required number of days after the date of the Bid opening stated in the special provisions, or if no such number of days is stated, all Bids shall remain open for ninety (90) days after the date of the Bid sole discretion, release any Bid and return the Bid Security prior to that start date. 11.MODIFICATIONS OF BIDS: Bids may be modified by an appropriate document duly executed (in the same manner that the Bid must be executed) and delivered to the place where the Bids are to be submitted at any time prior to the solicitation closing date and time. The Bidder must present certification to assure that they are indeed an authorized representative of the Bidder's firm at the time modification to the Bid is presented. 12.WITHDRAWAL OF BIDS: All Bids shall be irrevocable unless the Bid is withdrawn as provided herein. All Bids may be withdrawn only by written communication delivered to the Procurement Services Division prior to the solicitation closing date and time. The Bidder must present certification to assure that they are an authorized representative of the Bidder's firm at the time such communication to withdraw the Bid is presented. A CITY representative shall verify this information prior to return of the Bid. However, if within twenty-four(24) hours after Bids are opened, any Bidder files a duly signed written notice with the CITY and promptly thereafter provides detailed information to substantiate to the CITY that Boynton Beach Utilities—Stormwater(CIPP)Lining BB Leisureville&Gateway Blvd 7 there was a material and substantial mistake in the preparation of its Bid, Bidder may withdraw its Bid, and the Bid Security will be returned. The Bidder must present certification to assure that the Bidder is an authorized representative of the Bidder's firm at the time such communication to withdraw the Bid is presented. A CITY representative shall verify this information prior to return of the Bid and Bid Security. Thereafter, that Bidder will be disqualified from further bidding on the Work to be provided under the Bid Documents. 13. DETERMINATION OF AWARD: Except where the City exercises the right reserved herein to reject any or all bids and subject to the restrictions stated hereinabove, the Contract shall be awarded by the City to the responsible Vendor who has submitted either the lowest responsive bid, or the lowest responsive bid on the base bid including such alternates/optional items as City determines to be in its own best interests, and application of any preferences, as applicable. 14.RIGHTS OF THE CITY: The CITY expressly reserves if in its best interest to include but not limited to: ➢ Waive as an informality, minor deviations from specifications at a lower price than the most responsive, responsible Bidder; ➢ Waive any defect, irregularity or informality in any Bid or Bidding procedure; ➢ Rejector cancel any or all Bids; ➢ Extend the bid deadline time and date; ➢ Accept any Bid or combination of Bid alternates that in the CITY's judgment shall serve the CITY's best interest; ➢ Make multiple awards; ➢ Disregard all nonconforming, non- responsive, unbalanced,or conditional Bids or counter proposals. ➢ Request additional quantities of the Bid product or services at the prices bid in the solicitation with exception if specifically noted, "BID IS FOR SPECIFIED QUANTITY ONLY", decrease the quantity specified in the Invitation to Bid, or completely eliminate any items of the Work listed in the Bid Form in order that the Work can be completed within the amount of available funds; ➢ Consider and accept an alternate Bid as provided herein when most advantageous to the CITY. 15.REJECTION OF BIDS: The CITY reserves the right to reject any or all Bids, to waive technical errors, to accept a portion of any Bids that are deemed the most advantageous to the CITY. In determining the ,'most advantageous Bid"; price, quantifiable factors, and other factors are considered. Such factors include but are not limited to specifications; delivery requirements; purchase price; life expectancy; cost of maintenance and operations; operating efficiency, training requirements; disposal value; and other matters contributing to the over acquisition cost of an item. Considerations may be given, but are not necessarily limited to conformity to the specifications including timely delivery; product warranty; a Bidder's proposed service; ability to supply and provide service; delivery to required schedules and past performances in other contracts with the CITY or other governmental entities. In an effort to efficiently advance the submitted Bids for administrative review, the CITY reserves the right to reject all but the three (3) lowest Bids when evaluating the submitted Bids. 16.BID TABULATION: Pursuant to Florida Statute 119, sealed Bids or Proposals received by an agency pursuant to Invitation to Bid or Request for Proposals are exempt from public records disclosure until the agency provides notice of a decision or intended decision, or within thirty(30) days after bid/proposal opening/closing,whichever is earlier. 17.PRICES: Bid prices shall be fixed and firm to the extent required under Special Conditions. In the absence of a reference in the Special Conditions, Bid prices shall be so fixed and firm for a period of ninety (90) calendar days. Prices must be submitted as outlined in the bid specifications. Generally, the prices must be submitted in units of quantity whereby both unit price and extended total shall be submitted. In case of discrepancy in computing the amount of the Bid, the Unit Price quoted shall govern. All prices shall be F.O.B. destination, freight pre-paid (unless otherwise stated in the Special Conditions). Award, if made, shall be in accordance with the terms and conditions stated herein. Each item must be Bid separately and no attempt is to be made to tie any item or items in with any other item or items. Boynton Beach Utilities—Stormwater(CIPP)Lining BB Leisureville&Gateway Blvd 8 Payment shall be made only after installation and acceptance for materials/services. Cash discounts may be offered for prompt payment; however, such discounts shall not be considered in determining the lowest net cost for bid evaluation. All payments shall be governed by the Local Government Prompt Payment Act, F.S. § 218. 18.DELIVERY: If required by the CITY, all items shall be delivered F.O.B. Destination to a specific address. All delivery costs and charges must be included in the Bid price. The CITY reserves the right to cancel orders or any part thereof without obligation, if the delivery is not made at the time specified in the Bid. 19.MISTAKES: Bidders are cautioned to examine all terms, conditions, specifications, drawings, exhibits, addenda, delivery instructions, Bid prices, extensions and special conditions pertaining to the ITB. Failure of the Bidder to examine all pertinent documents shall not entitle the Bidder to any relief from the conditions imposed by the Contract. In the event of extension error, the unit price shall prevail and the Bidder's total offer shall be corrected accordingly. Erasures or corrections on Bids must be initialed in ink by the Bidder. 20.INVOICING AND PAYMENT: Payment for any and all invoice(s)that may arise as a result of a Contract or Purchase Order issued pursuant to this Bid Specification shall minimally meet the following conditions to be considered as a valid payment request. If progress payments are applied for, all invoicing and payments shall be as stipulated under the Special Conditions section titled"Progress Payments". All invoices shall be based upon and submitted with an approved Schedule of Values. Said Schedule of Values shall also contain a percentage breakdown of the supplies and services completed for which payment is requested in comparison to the total contract. All invoices submitted shall consist of an original and one (1)copy and: ➢ Contain the Bidder's Federal Employer Identification Number. ➢ Clearly reference the subject Contract or Purchase Order number; ➢ Provide sufficient salient description to identify the goods or services for which payment is requested; ➢ Must be an original or legible copy of a signed delivery receipt including both manual signature and printed name of a designated CITY employee or authorized agent; be clearly marked as "partial", "complete", or"final" invoice. The CITY shall accept partial deliveries. Timely submission of properly certified invoice(s)shall be in strict accordance with the price(s)and delivery elements as stipulated in the Contract document. The CITY's term of payment, unless otherwise stated in the Contract or Purchase Order documents is "Net 30 Days" after acceptance of goods or services and receipt of an acceptable invoice as described herein. Any other items of payment must have been previously approved by the CITY and appear on the Contract or Purchase Order document to be binding on the CITY. Should the CITY return an invoice for correction, the Vendor shall resubmit a corrected invoice to the CITY for processing. 21.ADDENDA: From time to time, the CITY may issue an addendum to change the intent or to clarify the meaning of the Contract Documents. The CITY reserves the right to amend this Bid prior to Bid opening. Written addenda shall serve as the sole means of clarification. The CITY shall not be responsible for oral interpretations given by any CITY employee or its representative. 22.INTERPRETATIONS: To ensure fair consideration for all Bidders, the CITY prohibits communication to or with any department, officer or employee during the solicitation process except as otherwise specified. If the Bidder should be in doubt as to the meaning of any of the Bid documents, or is of the opinion that the plans and/or specifications contain errors, contradictions or reflect omissions; Bidder shall submit a written request to the CITY's Procurement Services Division representative identified in the Bid document at the email address provided, no later than ten (10) days prior to the Bid opening date. Boynton Beach Utilities—Stormwater(CIPP)Lining BB Leisureville&Gateway Blvd 9 Inquiries should reference the bid deadline date. All Special Conditions, Drawings, and Technical Specifications shall take precedence over General Conditions. If there is a conflict between the General Conditions, Special Conditions, Technical Specifications and Drawings; the more stringent specification shall apply. Refer to General Conditions, Para. 3.4, "Order of Precedence"for more details. 23.BID EXEMPT: Bid items designated as CITY purchases shall not be greater than the price Bidder has provided on other public entity or state of Florida contracts to which Bidder is a party. The CITY reserves the right to Bid separately any item or service if deemed to be in the best interest of the CITY. 24.PROMOTIONAL PRICING: In addition, Bidder shall offer to the CITY, during the Contract period, any item(s) offered on a "promotional" basis from the manufacturer. It shall be the successful Bidder's responsibility to monitor such item(s) and report any that are or shall be offered at lower price. 25.CONTRACTUAL AGREEMENT: The submission of a Bid constitutes a firm offer by the Bidder. Upon acceptance by the CITY, the Procurement Services Division shall issue a notice of award and purchase order(s) and/or contract for any supplies, equipment and/or services as a result of this Bid. The Invitation to Bid and the corresponding purchase order(s) and/or contract shall constitute the complete agreement between the successful Bidder and the CITY. Unless otherwise stipulated in the Bid documents or agreed to in writing by both parties, no other contract documents shall be issued or accepted. 26.ADVERTISING: In submitting a Bid, the Bidder agrees not to use the results therefrom as a part of any commercial advertising. 27.DISQUALIFICATION OF BIDDER: More than one Bid from an individual, firm, partnership, corporation, or association under the same or different names shall not be considered. All Bids shall be rejected if there is reason to believe that collusion exists between Bidders. Bids which the prices obviously are unbalanced shall be subject to review and/or rejection. Automatic disqualifiers are as follows: a. Not including an executed Bidder signature. b. Not being licensed to perform the required work or to provide the required product. c. Not being eligible to bid due to violations listed under Item No.37 of the Instruction to Bidders, "Public Entity Crimes." d. Not completing the Bid Submittal Form as required. 28.SUBSTITUTE or "OR EQUAL ITEMS": The Contract, if awarded, will be on the basis of material and equipment described in the Drawings or specified in the Specifications without consideration of possible substitute. "Or equal" item(s) of material or equipment may be furnished or used by successful Bidder if acceptable to the CITY. Application for such acceptance must be made ten (10)calendar days prior to the Bid opening date, or such application will not be considered by the CITY. The procedure for submittal of any such applications made after award of the Construction Contract by the successful Bidder for consideration by CONSULTANT is set forth in Section 6.4 of the General Conditions, which may be supplemented in the General Requirements. 29.ADJUSTMENT/CHANGES/DEVIATIONS: No adjustments changes or deviations shall be accepted on any item unless conditions or Specifications of a Bid expressly so provide. All adjustments, changes or deviations shall require prior written approval and shall be binding ONLY if issued through the CITY's Procurement Services Division. 30.REJECTION: The right is reserved to reject any and all Bids or to accept the one deemed by the CITY to be the most advantageous. 31.DEFINITION OF TERMS: Terms used in the Invitation to Bid shall have the meanings assigned to them in the industry in the subject matter of the Bid, unless otherwise specified in the Bid documents. 32.PUBLIC ENTITY CRIMES: A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a Bid for a contract to provide any goods or services to a public entity, may not submit a Bid for a contract with a public entity for construction or repair Boynton Beach Utilities—Stormwater(CIPP)Lining BB Leisureville&Gateway Blvd 10 page 5;74-0� of a public building or public work, may not submit Bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for Category Two for a period of thirty-six (36) months. 33.SCRUTINIZED COMPANIES 287.135 and 215.473: By submission of this Bid, Proposer certifies that Proposer is not participating in a boycott of Israel. Proposer further certifies that Proposer is not on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has Contractor been engaged in business operations in Syria. Subject to limited exceptions provided in state law, the City will not contract for the provision of goods or services with any scrutinized company referred to above. Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to Contractor of the City's determination concerning the false certification. Contractor shall have five (5)days from receipt of notice to refute the false certification allegation. If such false certification is discovered during the active contract term, Contractor shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If Contractor does not demonstrate that the City's determination of false certification was made in error then the City shall have the right to terminate the contract and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time. Solicitation responses of$1 million or more must include the attached Scrutinized Companies form to certify that the Proposer is not on either of those lists. 34.TRADE SECRET:Any language contained in the Proposer's Proposal purporting to require confidentiality of any portion of the Proposal, except to the extent that certain information is in the City's opinion a Trade Secret pursuant to Florida law, shall be void. If a Proposer submits any documents or other information to the City which the Proposer claims is Trade Secret information and exempt from Florida Statutes Chapter 119.07 (Public Records Laws), the Proposer shall clearly designate that it is a Trade Secret and that it is asserting that the document or information is exempt. The Proposer must specifically identify the exemption being claimed under Florida Statutes 119.07.The City shall be the final arbiter of whether any information contained in the Proposer's Proposal constitutes a Trade Secret. The City's determination of whether an exemption applies shall be final, and the Proposer agrees to defend, indemnify, and hold harmless the City its officers, employees, volunteers, and agents, against any loss or damages incurred by any person or entity as a result of the City's treatment of records as public records . Proposals purporting to be subject to copyright protection in full or in part will be rejected. EXCEPT FOR CLEARLY MARKED PORTIONS THAT ARE BONA FIDE TRADE SECRETS PURSUANT TO FLORIDA LAW, DO NOT MARK YOUR PROPOSAL AS PROPRIETARY OR CONFIDENTIAL. DO NOT MARK YOUR PROPOSAL OR ANY PART THEREOF AS COPYRIGHTED. 35.PUBLIC RECORDS: Any material submitted in response to this Invitation to Bid shall become a public record pursuant to Florida Statutes § 119.07. This includes material that the responding Bidder might consider confidential or a trade secret. Any claim of confidentiality is waived upon submission, effective after opening of Bids pursuant to Chapter 119, Florida Statutes. However, certain exemptions to the public records law are statutorily provided for in Florida Statutes § 119.07. If the Bidder believes any of the information contained in its Bid response is exempt from the Public Records Law, then the Bidder must specifically identify in the response, the material(s) which is deemed exempt and cite the legal authority for such exemption. The CITY's determination of whether an exemption applies shall be final, and the Bidder agrees to defend, indemnify,and hold harmless the CITY and the CITY's officers, employees, and agents against any loss or damages by any person or entity as a result of the CITY's treatment of records as public record. 36.ANTI-DISCRIM INATION: The Bidder certifies that it is in compliance with the non-discrimination laws relative to equal employment opportunity for all persons without regard to race, color, religion, sex, or national origin. The provisions of the American Disabilities Act of 1990 pertaining to employment shall also be applicable. Boynton Beach Utilities—Stormwater(CIPP)Lining BB Leisureville&Gateway Blvd 11 As defined by Chapter 760, Florida Statutes, the Bidder shall not discriminate on the basis of race, color, religion,sex, sexual orientation, national origin, age, handicap or marital status in the solicitation,selection, hiring, or treatment of subcontractors, vendors, suppliers, or commercial customers. Bidder shall provide equal opportunity for sub-contractors to participate in all of its public and private sector subcontracting opportunities. Bidder understands and agrees that violation of this clause is a material breach of the contact and may result in contract termination, debarment,or other sanctions. 37.ANNUAL APPROPRIATION: This agreement shall remain in full force and effect only as long as the expenditures provided for in the agreement have been appropriated by the City commission of the CITY of Boynton Beach in the annual budget for each fiscal year of this agreement, and is subject to termination at any time based on lack of funding. 38.COST OF BID: Costs, either direct or indirect, incurred by the Bidder in the preparation, delivery, or for any other reason associated with the submittal of this Bid is solely the responsibility of the Bidder and not the CITY, and shall not to be charged to the CITY. 39.LICENSES AND PERMITS: It shall be the responsibility of the successful Bidder to obtain all licenses and permits, if required, to complete the services at no additional cost to the CITY. Licenses and permits shall be readily available for review by the Director of Financial Services and City inspectors. 40.SAMPLES AND DEMONSTRATIONS: When requested, samples are to be furnished free of charge to the CITY. If a sample is requested, it must be delivered within ten (10) days of the request, unless otherwise stated in the Bid. Each sample must be marked with the Bidder's name and manufacturer's brand name. The CITY will not be responsible for returning samples. The CITY may request a full demonstration of any product or service before the award of a contract. All demonstrations will be done at the expense of the Bidder. 41.DISPUTES: In case of any doubt or difference of opinion as to the items to be furnished hereunder, the decision of the CITY shall be final and binding upon both parties. 42.ASSIGNMENT: The successful Bidder shall not subcontract, assign, transfer, convey, sublet, or otherwise dispose of the contract, or of any or all of its rights, title, or interest therein, or its power to execute such contract to any person, firm, or corporation without prior written consent to the CITY. 43.UNBALANCED BID: Bids that are judged mathematically or materially unbalanced shall be cause for the Bid to be rejected as non-responsive. 44.MODIFICATIONS AS EXCEPTIONS: Incorporation in a Bid submittal on exceptions to any portion(s) of the Contract documents herein may invalidate the Bid. Exceptions to the Technical and Special Conditions may be considered and shall be clearly and specifically noted in the Bidder's proposal on a separate sheet marked, "EXCEPTIONS TO THE SPECIFICATIONS" whereby said sheet shall be attached to the Bid. The use of Bidder's standard forms or the inclusion of manufacturer's printed documents shall not be construed as an exception to the Contract documents. 45.SALES TAX: All materials and supplies necessary for completion of this contract are subject to Florida Sales and Use Tax in accordance with Florida Statutes. 46.ANTI-KICKBACK AFFIDAVIT: Bidders are required to complete the Anti-Kickback Affidavit Form enclosed herein, attesting that no member of their firm has been engaged in any activity resulting in payment for actions such as: commission, kickback,or reward for gift. The CITY considers the failure of the Bidder to submit this document to be a major irregularity, and may be cause for rejection of the proposal. 47.NON-COLLUSION: Bidder certifies that it has not divulged, discussed, or compared its Bid with other Bidders and has not colluded with any other Bidder or parties to a Bid whatsoever. (Note: Premiums, rebates or gratuities are not permitted with, prior to, or after any delivery of material.) Any such violation shall result in the cancellation and/or return of materials (as applicable) as being non- conforming and removal from the CITY's Bid list(s). Each Bidder shall complete the Non-Collusion Affidavit and shall submit with the Bid/Proposal. The CITY considers the failure of the Bidder to submit this document to Boynton Beach Utilities—Stormwater(CIPP)Lining BB Leisureville&Gateway Blvd 12 be a major irregularity, and may be cause for rejection of the proposal. 48.DIRECT OWNER PURCHASES: The CITY reserves the right to issue purchase orders for materials to either the Contractor's or the CITY's suppliers for construction/public works related materials. 49.INDEMNIFICATION: The Bid shall include in its price, the sum of $25.00 in consideration for the indemnification provision, as referenced in Section 6.16 of the General Conditions. 50.FAMILIARITY WITH LAWS: The Bidder is presumed to have full knowledge of and be in compliance with all Federal, state, and local laws, ordinances, rules and regulations that in any manner affect the agreement, the project, the equipment and the services provided to the CITY. Ignorance on the part of the Bidder will in no way relieve the Bidder of responsibility to adhere to such regulations. Irregularity, and may be cause for rejection of the Proposal. 51.RECORDS/AUDITS: The Successful Bidder shall maintain during the terms of the contract all books, reports and records in accordance with generally accepted accounting practices and standards for records directly related to this Contract. The form of all records and reports shall be subject to the approval of the CITY's auditor. The Successful Bidder agrees to make available to the CITY's auditor, during normal business hours and in Miami- Dade, Broward and Palm Beach counties, all books of account, reports and records relating to this contract and retain them for a minimum period of three (3) years beyond the last day of the contract period. 52.PALM BEACH COUNTY INSPECTOR GENERAL: The Successful Bidder shall be aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of any contracts resulting from this solicitation and in furtherance thereof, may demand and obtain records and testimony from the Successful Bidder and its subcontractors and lower tier subcontractors. The Successful Bidder understand and agrees that in addition to all other remedies and consequences provided by law, the failure of the Successful Bidder or its subcontractors or lower tier subcontractors to fully cooperate with the Inspector General when requested, may be deemed by the CITY to be a material breach of this Contract justifying its termination. Each Bidder shall complete the Palm Beach County Inspector General Acknowledgement Form and shall submit this form with the Bid/Proposal. The CITY considers the failure of the Contractor to submit this document to be a major irregularity, and may be cause for rejection of the Proposal. 53.FLORIDA' S PUBLIC RECORDS LAW: The City is a public agency subject to Chapter 119, Florida Statues. The Contractor shall comply with Florida's Public Records Law. Specifically,the Contractor shall: A. Keep and maintain public records required by the CITY to perform the service; B. Upon request from the CITY's custodian of public records, provide the CITY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statute or as otherwise provided by law; C. Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and,following completion of the contract,Contractor shall destroy all copies of such confidential and exempt records remaining in its possession once the Contractor transfers the records in its possession to the City; and, D. Upon completion of the contract, Contractor shall transfer to the CITY, at no cost to the CITY, all public records in Contractor's possession. All records stored electronically by Contractor must be provided to the City, upon request from the CITY's custodian of public records, in a format that is compatible with the information technology systems of the CITY. Boynton Beach Utilities—Stormwater(CIPP)Lining BB Leisureville&Gateway Blvd 13 Page 5;FF1 OFF 12-1- E. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: (CITY CLERK) 3301 QUANTUM BOULEVARD, SUITE 101, BOYNTON BEACH, FLORIDA, 33435 561-742-6061 PYLEJ@BBFL.US 54.PROJECT MANAGEMENT REQUIREMENTS: A. This project will utilize an internet-based project management tool called e-Builder EnterpriseTM This internet-based application is a collaboration tool, which will allow all project team members continuous access through the Internet to important project data as well as up to the minute decision and approval status information. B. Contractor and Subcontractors shall conduct Project controls, outlined by the Owner, and Engineer, utilizing e-Builder EnterpriseTM. No additional software will be required. The Owner and Engineer will assist the Contractor in providing training to their personnel. C. Contractor shall have the responsibility for visiting the Project web site on a daily basis, and as necessary to be kept fully appraised of Project developments, for correspondence, assigned tasks and other matters that transpire on the site. These may include but are not limited to: Contracts, Contract Exhibits, Contract Amendments, Drawing Issuances, Addenda, Bulletins, Permits, Insurance & Bonds, Safety Program Procedures, Safety Notices, Accident Reports, Personnel Injury Reports, Schedules, Site Logistics, Progress Reports, Daily Logs, Non-Conformance Notices, Quality Control Notices, Punch Lists, Meeting Minutes, Requests for Information, Submittal Packages, Substitution Requests, Monthly Payment Request Applications, Supplemental Instructions, Change Order Requests, Change Orders, and the like. All supporting data including but not limited to shop drawings, product data sheets, manufacturer data sheets and instructions, method statements, safety MSDS sheets, Substitution Requests and the like will be submitted in digital format via e-Builder EnterpriseTM 55.ELECTRONIC FILE REQUIREMENTS: In addition to the standard closeout submittal requirements detailed elsewhere in the Contract Documents, the Contractor and Subcontractors shall also submit all closeout documents including all "As-Built Drawings", catalog cuts and Owner's Operation and Maintenance manuals in digital format. All documents (including as-built drawings)shall be converted or scanned into the Abode Acrobat (.PDF)file format and uploaded to e-Builder Enterprise TM. The As-Built Drawings shall also be submitted in AutoCAD (.DWG)format. 56.E-BUILDER IMPLEMENTATION REQUIREMENTS:' e-Builder Enterprise TM 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. • Central Document Vault: e-Builder EnterpriseTM system includes a central database that maintains all project information and manages project communications amongst team members. • Comm un e-Builder provides electronic routable communication forms that provide historical tracking, documentation,and increased accountability of project members. Boynton Beach Utilities—Stormwater(CIPP)Lining BB Leisureville&Gateway Blvd 14 page 5;78-0� • Project C endars: Meetings will be scheduled and maintained centrally on e-Builder Enterprise • Reportina: 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. 57.E-BUILDER LICENSING REQUIREMENTS: e-Builder Enterprise TM 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 Enterprise TM including all of the documents and reports mentioned above. Furthermore, each user license provides the e-Builder software as a service (SaS) including: • All hosting, operation, maintenance and data backup of the e-Builder Enterprise TM software and documents which are maintained in state-of-the-art data centers located throughout the United States. • Quarterly e-Builder Enterprise TM software enhancements • 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 Beach will provide basic training for these users; additional training may be procured directly from e-Builder directly at the contractors own cost. 58.LOCAL BUSINESS PREFERENCE The City of Boynton Beach Administrative Policy No. 10.16.01 provides for a local business preference. "For all acquisitions made pursuant to Sealed Competitive Bid, as provided in Sec. 10.05, the City shall give preference to a Local Business if the Local Business' bid is determined to be within five percent (5%) or five thousand dollars ($5,000.00), whichever is less, of the lowest responsible and responsive bidder. In revenue generating contracts where award, if any, is to be made to the bidder returning the highest amount to the City, the same preference set forth herein shall be applied with respect to the highest bid." In order to be considered for a local business preference, a bidder must include the Local Business Status Certification Form at the time of bid submittal. Failure to submit this form at the time of bid submittal will result in the bidder being found ineligible for the local business preference for this solicitation. END OF INSTRUCTION TO BIDDERS Boynton Beach Utilities—Stormwater(CIPP)Lining BB Leisureville&Gateway Blvd 15 page 5:79 OF 121 0 GENERAL CONDITIONS Article Article No. TITLE No. TITLE COVER 6.17 Responsibility for Connecting to Existing TABLE OF CONTENTS Work 1. DEFINITIONS 6.18 Work in Street, Highway or Other Rights- 2. PRELIMINARY MATTERS of-Way 2.1 Delivery of Bonds and Insurance 6.19 Cooperation with Governmental Certificates Departments,Public Utilities, Etc. 2.2 Copies of Documents 6.20 Use of Premises 2.3 Notice to Proceed 6.21 Protection of Existing Property 2.4 Starting the Work Improvements 2.5 Pre-Construction Conference 6.22 Temporary Heat 2.6 Site Mobilization Meeting 6.23 Schedule 2.7 Progress Meeting 6.24 Continuing the Work 2.8 Pre-Installation Meeting 6.25 Contractor's General Warranty and 2.9 Finalizing Scheduling Guarantee 2.10 Submittals 6.26 Deletion/Oversight/Misstatement 3. CONTRACT DOCUMENTS 6.27 Exceptions to Specifications 3.1 Intent 6.28 Silence of Specifications 3.2 References to Standards 6.29 Quality 3.3 Review of Contract Documents 6.30 Conditions of Materials 3.4 Order of Preference 6.31 Disposal 3.5 Amending Contract Documents 6.32 Occupational Safety and Health 3.6 Reuse of Documents 6.33 O.S.H.A. 4. SITE OF WORK 6.34 Conditions and Packaging 4.1 Availability of Lands 6.35 Underwriters Laboratories 4.2 Reports of Physical Conditions 6.36 Asbestos 4.3 Physical Conditions - Underground 6.37 Closeout Submittals Facilities 6.38 Temporary Barriers and Enclosures 4.4 Differing Site Conditions 6.39 Environmental Controls 4.5 Reference Points 6.40 Security Procedures 5. BONDS AND INSURANCE 6.41 Product Substitution Procedures 5.1 Bonds 6.42 Field Samples 5.2 Insurance 7. OTHER WORK 6. CONTRACTOR'S RESPONSIBILITIES 7.1 Related Work on Site 6.1 Contractor Status 7.2 Coordination 6.2 Contractor Risk 8. CITY'S RESPONSIBILITIES 6.3 Supervision and Superintendence 8.1 Communications 6.4 Labor, Material and Equipment 8.2 Furnish Data 6.5 Concerning Subcontractors 8.3 Payments 6.6 Patent, Fees and Royalties 8.4 Lands, Easements,and Surveys 6.7 Permits,Laws and Regulations 8.5 Change Orders 6.8 Taxes 8.6 Suspension of WORK 6.9 Record Documents/Right to Audit 8.7 Estimated Dollar Value 6.10 Safety, Protection and Emergencies 8.8 Quantities 6.11 Shop Drawings and Samples 8.9 Additional Terms and Conditions 6.12 Site Clean-up 9. CONSULTANT'S STATUS DURING 6.13 Public Convenience and Safety CONSTRUCTION 6.14 Sanitary Provisions 9.1 CITY'S Representative 6.15 Indemnification 9.2 Visits to Site 6.16 Claims 9.3 Project Representation 9.4 Clarifications and Interpretations Boynton Beach Utilities-Stormwater(CIPP)Lining BB Leisureville&Gateway Blvd GC 16 Article Article No. TITLE No. TITLE 9.5 Measurements 15. SUSPENSION OF WORK AND 9.6 Rejecting Defective Work TERMINATION 9.7 Shop Drawings, Change Orders, and 15.1 CITY May Suspend WORK Payments 15.2 CITY May Terminate for Cause 15.3 CITY May Terminate Without Cause 9.8 Determination for Unit Prices 15.4 Removal of Equipment 9.9 Decisions on Disputes 15.5 Contractor May Stop WORK or 9.10 Inspections and Testing Terminate 9.11 Limitations on CONSULTANT 16. DISPUTE RESOLUTION 10. CHANGES IN WORK 16.1 Good Faith Effort 10.1 Authorized Changes 16.2 Mediation 10.2 Unauthorized Changes 17. MISCELLANEOUS 10.3 Execution of Field Change Order/Change 17.1 Giving Notice Order 17.2 Computation of Time 11. CHANGE OF CONTRACT PRICE 17.3 Notice of Claims 11.1 General 17.4 Cumulative Remedies 11.2 Cost of the WORK 17.5 Accident and Prevention 11.3 Contractor's Fee 17.6 Florida Products and Labor 11.4 Cash Allowances 17.7 Employees 11.5 Unit Price WORK 17.8 Non-Discrimination 11.6 Omitted WORK 17.9 Drug-Free Workplace 12. CHANGE OF CONTRACT TIME 17.10 Public Entity Crimes 12.1 General 17.11 Assignment 12.2 Liquidated Damages 17.12 Venue 12.3 Reimbursement of Consultant Expenses 17.13 Funding Out 13. 17.14 CITY'S Purchasing Card TEST AND INSPECTIONS: CORRECTION, 17.15 Debarment REMOVAL OR ACCEPTANCE OF 17.16 Requirements for Personnel Entering DEFECTIVE WORK CITY'S property 13.1 Notice of Defects 17.17 Product Recall 13.2 Access to WORK 17.18 Rights to Bid Documents 13.3 Tests and Inspections 17.19 Severability 13.4 Uncovering WORK 17.20 Verification of Employment Status 13.5 CITY May Stop the WORK 17.21 Abbreviations and Symbols 13.6 Correction or Removal of Defective WORK 13.7 One Year Correction Period 13.8 Acceptance of Defective WORK 13.9 CITY May Correct Defective WORK 14. PAYMENTS TO CONTRACTOR AND COMPLETION 14.1 Schedule of Values 14.2 Unit Price Bid Schedule 14.3 Application for Progress Payments 14.4 Contractor's Warranty of Title 14.5 Review of Applications for Progress Payment 14.6 Substantial Completion 14.7 Partial Utilization 14.8 Final Inspection 14.9 Final Application for Payment 14.10 Final Payment for Acceptance 14.11 Waiver of Claims 14.12 Punchlist Procedures 14.13 Reduction of Retainage Procedures Boynton Beach Utilities-Stormwater(CIPP)Lining BB Leisureville&Gateway Blvd GC 17 ARTICLE 1—DEFINITIONS Whenever used in the Contract Documents the following terms have the meanings indicated which are applicable to both the singular and plural thereof: 1.1 Acceptance: Written Acknowledgement by the CITY's Project Manager that the Work is fully complete in accordance with the Contract Documents. 1.2 Addenda: Written or graphic instruments issuec prior to the opening of Bids which clarify,correct,or change the Bidding requirements of the Contract. 1.3 Application for Payment: The form acceptec by the CONSULTANT which is to be used by CONTRACTOR to request progress payment and which is to be accompanied by such supporting documentation as is required by the Contract Documents. 1.4 Award Letter:The official written notice by the CITY to the apparent successful Bidder stating that upon compliance by the apparent successful bidder with the corcitiors precedent erumeratec with the awarc letter,within the time specified,the CITY may enter into a Contract. 1.5 Bid:The offer of the BIDDER submitted on the prescribec form setting forth the prices of the Work. 1.6 Bidder:Any person,firm or corporation submitting a Bic for the Work cirectly to the CITY. 1.7 Bid Documents:Includes the Invitation to Bic,Instructions to Bidcers,Bid Form,and proposed Contract Documents(including all Addenda issued prior to receipt of Bids). 1.8 Bonds:Bid,performance arc payment boncs anc other instruments of security,furnished by the CONTRACTOR and their surety in accordance with the Contract Documents and in accordance with the law of the State of Florida. 1.9 Change Order:A written orcer to the CONTRACTOR executec by the CITY,CONSULTANT,and CONTRACTOR authorizing an addition,deletion or revision in the Work,or an adjustment in the Contract Price or the Contract Time that may be as a result of an emergency or unforeseen physical conditions which occur after execution of the Contract. Such change order shall be in accordance with para 9.4"Clarifications and Interpretations"or orders minor changes in the Work in accordance with para.10.1"Authorized Changes in the Work". 1.10 CITY: The City of Boynton Beach, Florica, a municipal corporation, its authorized and legal representatives, the public entity with whom the CONTRACTOR has enterec into the agreement and for whom the Work is to be provided.The term CITY will be used interchangeably with the term OWNER. 1.11 CITY's Representative: The person or persons cesignatec by the CITY's Project Manager. The CITY's Project Manager may include the CONSULTANT. 1.12 Consultant:The person,firm or corporation named as such in the Contract Documents that acts as the CITY's authorized agent within the scope of work ertrustec to them at the CITY. 1.13 Consultant's Representative: An authorizec representative of the CONSULTANT assigned to observe the Work performed and materials furnished by the CONTRACTOR. 1.14 Contract: The written agreement between CITY and CONTRACTOR covering the Work to be performed. The term Contract will be used interchangeably with the term Agreement. 1.15 Conformed Contract Documents: Contract Documents which consolidate all bidding documents including all addenda which are incorporated by and signec anc sealed by the CONSULTANT. The Conformec Contract Documents shall be used by the CONTRACTOR to create the Record Drawings for the Project. 1.16 Contract Documents:The Contract Documents establishing the rights anc obligations of the parties and include the Contract,Contract/Bid,Addenda, CONTRACTOR's Bid (irclucirg documentation accompanying the Bic and any post Bid documentation submitted prior to the notice of award,when attachec as an exhibit to the Contract,the Notice to Proceec,the Boncs,these General Conditions,the Supplementary Conditions,Special Conditions, anc the Drawings as the same are more specifically icentifiec in the Contract,together shall all Written Amendments,Change Orders,Field Change Orders (change orcers as a result of Fielc changes),and CONSULTANT's written interpretations and clarifications issued on or after the Effective Date of the Contract. Approvec Shop Drawings anc the reports and crawings of subsurface and physical conditions are not Contract Documents. Only printed or harc copies of the items listec in this paragraph are Contract Documents.Files in electronic media format or text,data,graphics,and the like that may be furnished by CITY to CONTRACTOR are not Contract Documents. 1.17 Contract Price:The total monies payable by the CITY to the CONTRACTOR under the terms and conditions of the Contract Document. 1.18 Contract Time:The number or numbers of successive days or dates stated in the Contract Documents for the completion of the Work. 1.19 CONTRACTOR:The irdivicual,partnership,corporation,joint venture,or other legal entity with whom the CITY has entered into the Contract to perform work to complete the project that is the subject of the Bid. 1.20 DAY:A calendar day of 24 hours measured from micnight to the next midnight. 1.21 Defective Work: Work that is unsatisfactory, faulty, or deficient, or that does not conform to the Contract Documents, or does not meet the recuiremerts of any inspection,reference standard,test or approval referrec to in the Contract Documents,or Work that has been damaged prior to the CONSULTANT's recommercation of final payment. Boynton Beach Utilities—Stormwater(CIPP)Lining BB Leisureville&Gateway Blvd GC 18 1.22 Drawings:The crawings,plans,maps,profiles,diagrams,and other graphic representations which show character,location,nature,extent and scope of the Work,which have been prepared or approved by CONSULTANT anc are included and/or referred to in the Contract Documents. Shop Drawings are not Drawings as ceftned in this paragraph. 1.23 Effective Date of the Contract: The cate incicatec in the Contract,but if no such date is indicated, it means the last date on which the Contract is signec by the last of all parties to execute the Contract. 1.24 Field Order: A written order issuec by the CITY's Project Manager or the CONSULTANT which clarifies or interprets the Contract Documents. The Field Order shall not impact Contract Price or Contract Time. 1.25 General Requirements:See General Conditions anc Section 1 of the Technical Specifications as Special Conditions. 1.26 Laws and Regulations;Laws or Regulations: Laws,rules,codes,regulations,ordinances and/or orders promulgated by a lawfully constituted body authorized to issue such Laws anc Regulations,either federal,state or local. 1.27 Local Public Agency: Any public entity which has regulatory jurisdiction over any part of the Work during the construction project. 1.28 Notice to Proceed:The written notice issuec by the CITY,or its agents,to the CONTRACTOR authorizing the CONTRACTOR to proceed with the Work anc establishing the cate of commencement of the Contract Time,anc the date the Contract Work to be completed. 1.29 Partial Utilization:Placing a portion of the Work in service for the purpose for which it is intended(or a related purpose)before reaching Substantial Completion for all the Work. 1.30 Project:The total construction of which the Work to be provided under the Contract Documents. 1.31 Resident Project Representative:The authorized representative of the CONSULTANT who is assigned to the Site or any part thereof. 1.32 Responsible Bidder,Offeror,Quoter,or Respondent:An incividual or business that has submitted a bid, offer, proposal, quotation,or response, which has the capability in all respects to perform fully the Contract recuirements,and the integrity and reliability which will give reasonable assurance of good faith and performance. 1.33 Responsive Bidder, Offeror, Quoter, or Respondent,Vendor, Contractor: an individual, or business that has submitted a bid, offer, proposal, quotation,or response,which conforms in all material respects to the solicitation,including but not limited to compliance with any W/MBE requirements contained within the solicitation. 1.34 Shop Drawings: All crawings, diagrams, illustrations, brochures, schedules and other data which are prepared by or for the CONTRACTOR, a Subcontractor, manufacturer, supplier or distributor and which illustrate the equipment, material or some portion of the Work and as required by the Contract Documents. Shop Drawings are not part of the Contract Documents and failure of the CONSULTANT or the CITY or any of its representatives to take exception to any product,material,system or installation cepicted on Shop Drawings that are not in conformance with the requirements of the Contract Documents shall not constitute a Fielc Order or Change Order or any other modification of the Contract Documents,and shall not relieve the CONTRACTOR from complying with any portion of the Contract Documents. 1.35 Special Conditions: When includec as part of the Contract Documents, Special Conditions refer only to the Work under this Contract. Special Conditions take prececence over the General Conditions. 1.36 Specifications:Those portions of the Contract Documents consisting of written technical descriptions of materials,equipment,construction systems, stancares or workmanship as applied to the Work and certain administrative details applicable thereto. 1.37 Sub-Bidder:One who submits a Bid to a Bicder. 1.38 Sub-Contractor: An indivicual, firm, or corporation having a direct contract with the CONTRACTOR or with any other Sub-Contractor for the performance of a part of the Work at the Site. 1.39 Substantial Completion:For purposes of this Contract,and for compliance of those procedures,duties and obligations as set forth in Florida Statutes §218.70 and§218.735,the term Substantial Completion shall be as follows,in lieu of any other definition: a. "Substantial Completion" is cefinec as the point where the CITY is able to enjoy beneficial occupancy of the WORK and where the Work has achieved that level of completion such that the CITY is able to utilize the entire Project for its intended purposes, including but not limited to the completion of all specified systems and items relating to life safety anc regulatory use,with the exception of incidental or incomplete items where a lack of completion of such incidental or incomplete items of Work shall adversely affect the complete operation of other areas of the Work. b. Acditional conditions(if any)needed to achieve Substantial Completion of the Work and which are project specific as set forth in attached Special Conditions. C. When the entire Project is consicered to be Substantially Complete,this does not constitute Final Acceptance or Final Completion of the entire Project. 1.40 Successful Bidder: The lowest,cualifiec,responsible and responsive Bicder to whom the CITY(on the basis of the CITY's evaluation as hereinafter proviced)makes an award. 1.41 Supplementary General Conditions: The part of the Contract Documents which amends or supplements these General Conditions. 1.42 Supplier:A manufacturer,fabricator,supplier,distributor,material man,or vendor. Boynton Beach Utilities—Stormwater(CIPP)Lining BB Leisureville&Gateway Blvd GC 19 1.43 Surety:The corporate bocy which is bound with the CONTRACTOR and which engages to be responsible for the CONTRACTOR and their acceptable performance of the Work. 1.44 Unbalanced Bids: a. Mathematically Unbalanced Bid: a bic containing lump sum or unit bid items which do not reflect reasonable actual costs plus a reasonable proportionate share of the bicder's anticipated profit,overhead costs,and other indirect costs. b. Materially Unbalanced Bid:a bic which generates a reasonable doubt that award to the Bidder submitting a mathematically unbalanced bic will result in the lowest ultimate cost to the CITY,or which is so mathematically unbalanced as to result in an advanced payment. 1.45 Unit Price Work:Work to be paic for on the basis of unit prices. 1.46 Utilities:All pipelines,concuits,ducts,cables,wires,manholes,vaults,tanks,tunnels,or other such facilities or attachments,and any encasements containing such facilities which have been installed uncergrounc or above ground to furnish any of the following services or materials:electricity,gases, steam,liquid petroleum,telephone,or other communications,cable television,water supply or distribution,sewage and drainage removal,traffic or other control systems. 1.47 Work:Any and all obligations, cuties, and responsibilities necessary to the successful completion of the Project assigned to or undertaken by the successful Bidder/CONTRACTOR under the Contract Documents, inclucing all labor, materials,equipment, and other incidentals, and the furnished thereof. 1.48 Written Amendment:A written amendment of the Contract Documents,signed by the CITY and CONTRACTOR on or after the Effective Date of the Contract. ARTICLE 2—PRELIMINARY MATTERS 2.1 DELIVERY OF BONDS AND INSURANCE CERTIFICATES: 2.1.1 The CONTRACTOR shall deliver to the CITY such Boncs anc Insurance Policies, Certificates or other documents as the CONTRACTOR may be required to furnish in accorcance with the Contract Documents. The aforementioned documents must be submitted to the CITY prior to any work being performed. 2.2 COPIES OF DOCUMENTS: 2.2.1 The CITY shall furnish to CONTRACTOR ONE (1) copy(unless additional copies exist) of the Conformed Contract Documents for the execution of the Work. CONTRACTOR shall be responsible for procuring additional copies from the CONSULTANT. 2.3 NOTICE TO PROCEED: 2.3.1 The Contract Times shall commence to run on the date stated in the Notice to Proceed. 2.4 COMMENCEMENT THE WORK: 2.4.1 CONTRACTOR shall begin to perform the Work on the commencement date stated in the Notice to Proceed,but no Work shall be done at the Site prior to such commencement date. 2.4.2 CONTRACTOR's Review of the Contract Documents: Before uncertaking each part of the Work,CONTRACTOR shall carefully study and compare the Contract Documents anc check anc verify pertinent figures shown thereon and all applicable field measurements.CONTRACTOR shall promptly report in writing to CONSULTANT any conflict,error,ambiguity or discrepancy which CONTRACTOR may discover and shall obtain a written interpretation or clarification from CONSULTANT before proceeding with any Work affected thereby. 2.5 PRE-CONSTRUCTION MEETING: 2.5.1 The CONTRACTOR is recuired to attenc a preconstruction meeting within ten(10)days after the effective date of the Contract,but before any Work at the Site is started (unless otherwise specified in the Special Conditions). This meeting shall be attended by the CITY, CONSULTANT anc others as appropriate in order to discuss the Work. 2.5.2 The CONTRACTOR's initial schedule for shop crawings submittals, obtaining permits and Plan of Operation and Critical Path Method (CPM)Schedule shall be reviewec anc finalized. As a minimum,the CONTRACTOR's representatives should include its project manager anc schecule expert. If the submittals are not finalized at the end of the meeting,additional meetings shall be held so that the submittals can be finalized prior to the submittal of the first Application for Payment. No Application for Payment shall be processed prior to receiving acceptable initial submittals from the CONTRACTOR. 2.5.3 CITY shall schedule pre-construction meeting. 2.5.3.1 Attencance Required:CITY's Project Manager,CONSULTANT,and CONTRACTOR/CM Project Manager and Superintendent. 2.5.3.2 Agenda.Distribution of Conformed Contract Documents,Confirmation based on prior submission(during Bid process)of the list of Subcontractors,list of Products,Project Safety Plan,Schedule of Values and Progress Schedule. 2.5.3.3 Designation of personnel representing the parties in Contract and the CONSULTANT. 2.5.3.4 Procedures anc processing of fielc cecisions,submittals,substitutions,applications for payments,proposal requests,Change Orders,and Contract close-out procedures. 2.5.3.5 Issuance of Notice to Proceed. 2.5.3.6 Copies of the Application for Payment, Change Order, Submittal Requirements/Record, Request for Information (RFI), Shutdown Recuest,Boynton Beach Department of Engineering Right-of-Way Permit Procedure and Project Sign format will be Boynton Beach Utilities—Stormwater(CIPP)Lining BB Leisureville&Gateway Blvd GC 20 distributec. 2.6 SITE MOBILIZATION MEETING: 2.6.1 CITY will schecule a meeting at the Project Site prior to CONTRACTOR occupancy. 2.6.2 Attencance Recuirec:CITY,CONSULTANT,Special Consultants,and CONTRACTOR,CONTRACTOR's superintendent,and major Sub-Contractors. 2.6.3 Agenca: 2.6.3.1 Use of premises by CITY anc CONTRACTOR. 2.6.2.1 CITY's requirements and partial occupancy. 2.6.2.2 Construction facilities and controls provicec by CITY. 2.6.2.3 Temporary utilities provided by the CITY. 2.6.2.4 Survey and building layout 2.6.2.5 Security anc housekeeping procedures. 2.6.2.6 Schecules 2.6.2.7 Application for Payment Procedures 2.6.2.8 Procedures for testing 2.6.2.9 Procedures for maintaining recorc documents. 2.6.2.10 Requirements for start-up of ecuipment. 2.6.2.11 Inspection and acceptance of equipment put into service during construction period. 2.6.2.12 CONSULTANT shall record minutes anc distribute copies within two(2)days after meeting to participants,with copies to all, participants including CONTRACTOR,anc those affected by decisions made. 2.7 PROGRESS MEETINGS 2.7.1 Schecule and administer meetings throughout progress of the Work at maximum monthly intervals. Make arrangements for meetings, prepare agenda with copies for participants,anc preside at meetings. 2.7.2 Attencance Required:Job superintendent,major Sub-Contractors and suppliers,CITY,CONSULTANT,as appropriate to agenda topics for each meeting. 2.7.3 Agenca: 2.7.3.1 Review minutes of previous meetings. 2.7.3.2 Review of work progress. 2.7.3.3 Field observations,problems and decisions. 2.7.3.4 Icentification of problems that impeced plannec progress. 2.7.3.5 Review of submittal,schedule and status of submittals. 2.7.3.6 Review of off-site fabrication anc delivery schecules. 2.7.3.7 Maintenance of progress schecule. 2.7.3.8 Corrective measures to regain projected schecules. 2.7.3.9 Plannec progress during succeeding work pericc. 2.7.3.10 Coordination of projected progress. 2.7.3.11 Maintenance anc cuality of work standards. 2.7.3.12 Effect of proposec changes on progress schedule anc coordination. 2.7.3.13 Other business relatec to work. 2.7.3.14 Record minutes and distribute copies within two(2)days after meeting to participants,with copies to CONSULTANT,CITY,and those affected by decisions made. 2.8 PRE-INSTALLATION MEETING: 2.8.1 When required in indivicual specification section,convene a pre-installation meeting at the site prior to commencing work on the section. 2.8.2 Require attendance of parties cirectly affecting,or affected by,work of the specific section. 2.8.3 Notify CITY anc CONSULTANT five(5)working days in advance of meeting date. 2.8.4 Prepare agenda anc presice at meeting. 2.8.5 Review concitions of installation,preparation and installation procedures. 2.8.6 Review coordination with related work. 2.8.7 Record minutes and distribute copies within three (3)days after meeting to participants with copies to CONSULTANT, CITY and those affected by decisions made. 2.9 FINALIZING SCHEDULES: 2.9.1 Within ten (10) days of receiving the Notice to Proceec, the CONTRACTOR shall submit the final schedule approved by the CITY and CONSULTANT. The finalizec progress schedule shall be acceptable to the CITY as providing an orderly progression of the Work to completion within the Contract Time. Such acceptance shall neither impose on the CITY's responsibility for the progress or scheduling of the Work nor relieve CONTRACTOR from full responsibility thereof. The finalized schedule of Shop Drawing submissions shall be acceptable to the CITY as provicing a workable arrangement for processing the submissions. The finalized Schedule of Values shall be acceptable to the CITY as to form anc substance. Boynton Beach Utilities—Stormwater(CIPP)Lining BB Leisureville&Gateway Blvd GC 21 2.10 SUBMITTAL PROCEDURES: 2.10.1 SCOPE OF WORK. Acministrative anc procedural recuirements for processing of submittals during construction process. Submittals may incluce the following. a) Proposed Procucts Lists b) Proposed Vencor List c) Product Data d) Shop Drawings e) Samples f) Design Data g) Field Test Reporting h) Quality Control Reporting i) Certificates j) Manufacturer's Installation,Handing anc Storage Instructions k) Manufacturer's Field Reports 1) Erection Drawings m) Close-out Documents n) Warranties o) Scheculing of Work p) Construction Progress Schedule q) Submittals Schedule r) Survey and Layout Data s) Construction Progress Reporting t) Periodic Work Observation u) Photographic Documentation v) Purchase Order Tracking w) Operation anc Maintenance Documentation 2.10.2 RELATED SECTIONS: A. Payment Procedures B. Project Coordination C. References D. Quality Control E. Product Storage and Handing Recuirements F. Close-out Submittals 2.10.2.1 SEE 2.10.2 RELATED SECTIONS AND SUBMITTAL SECTIONS 2.10.1 FOR INDIVIDUAL SUBMITTAL PROCEDURES. 2.10.3 SUBMITTAL PROCEDURES-GENERAL 2.10.3.1 Submittal Procedures shall be in conformance with General Conditions of the Contract and as amended by the CITY. 2.10.3.2 Transmit each submittal with CITY's Standard Transmittal Form. 2.10.3.3 Sequentially number each transmittal form. Revise submittals with original number and a sequential alphabetic suffix. 2.10.3.4 Icentify project, CONTRACTOR, Sub-Contractor or supplier pertinent drawing and detail number, and specification section number,as appropriate. 2.10.3.5 Apply CONTRACTOR's stamp, signed or initialed certifying that review, approval, verification of products required, field dimensions, acjacent construction work, anc coorcination of information are in accord with requirements of the Work and Contract Documents. 2.10.3.6 Schecule submittals to expecite the Project, anc delivery to CONSULTANT and CITY at business address. Coordinate submission of related items. 2.10.3.7 For each submittal for review,allow fifteen(15)days including delivery time to and from the CONTRACTOR. 2.10.3.8 Icentify variations from Contract Documents anc product or system limitations, which may be detrimental to successful performance of the completed Work. 2.10.3.9 Provide space for CONTRACTOR anc CONSULTANT review stamps. 2.10.3.10 When revisec for resubmission,identify all changes made since previous submission. 2.10.3.11 Distribute copies of reviewed submittals as appropriate. Instruct parties to promptly report any inability to comply with recuirements. 2.10.3.12 Submittals not recuestec will not be recognizec or processed. 2.10.4 PRODUCT DATA 2.10.4.1 Product Data for Review: 2.10.4.1.1 Submit to CONSULTANT for review for purpose of checking for conformance with information given and design concept expressed in Contract Documents. 2.10.4.1.2 After review, provice copies and distribute per Submittal Procedures article above and for Record Documents purposes described in the Special Conditions 01740"Project Documentation and Closeout." 2.10.4.2 Product Data for Project Information. 2.10.4.2.1 Submittal for CONSULTANT's knowlecge as contract administrator for CITY. 2.10.4.3 Product Data for Project Close-out: 2.10.4.3.1 Submit for CITY's benefit during and after the project completion. 2.10.4.4 Submit requirec number of copies as per CONTRACTOR/CM,plus two(2)copies for CONSULTANT. 2.10.4.5 Mark each copy to identify applicable procucts,mccels,options and other data. Boynton Beach Utilities—Stormwater(CIPP)Lining BB Leisureville&Gateway Blvd GC 22 2.10.4.6 Supplement manufacturers'standarc data to provice information unique to project. 2.10.4.7 Indicate product utility anc electrical characteristics,utility connection requirements,and location of utility outlets for service for functional ecuipment anc appliances. 2.10.4.8 After review, distribute in accord with Submittal Procecures article above and provide copies for Record Documents described in the Special Conditions 01740"Project Documentation anc Closeout." 2.10.5 CONSTRUCTION SUBMITTALS 2.10.5.1 Submit one(1)copy of Building Permit,Site Permits,Environmental Permits,or other permits required for construction of work. 2.10.5.2 Submit Payment Applications to CONSULTANT for review for purpose of checking conformance with information given and design concept expressed in Contract Documents. 2.10.5.3 Certificates: 2.10.5.3.1 When specifiec, submit certification by manufacturer, installation/application Sub-Contractor, or CONTRACTOR to CONSULTANT,in quantities specifiec for Product Data. 2.10.5.3.2 Indicate material or Procuct conforms to or exceeding specified requirements. 2.10.5.3.3 Submit supporting reference date,affidavits,anc certifications as appropriate. 2.10.5.3.4 Certificates may be recent or previous test results on material or Product,but must be acceptable to CONSULTANT. 2.10.5.4 Manufacturer's Instructions: 2.10.5.4.1 When specifiec,submit printec instructions for delivery,storage,assembly,installation,start-up,adjusting,and finishing, to CONSULTANT for celivery to CITY in quantities specified for Product Data. 2.10.5.4.2 Indicate special procecures,perimeter conditions requiring special attention,and special environmental criteria required for application or installation. 2.10.5.4.3 Refer to Quality Control anc Warranty sections for quality assurance requirements. 2.10.5.5 Manufacturer's Fielc Reports: 2.10.5.5.1 Submit reports to CONSULTANT anc CITY's Project Manager. 2.10.5.5.2 Submit report within ten(10)days of observation to CONSULTANT. 2.10.5.5.3 Submit for information for purpose of assessing conformance with information given and design concept expressed in Documents. 2.10.5.6 Erection Drawings: 2.10.5.6.1 Submit crawingsto CONSULTANT and CITY's Project Manager. 2.10.5.6.2 Submit for information for purpose of assessing conformance with information given and design concept expressed in Documents. 2.10.5.6.3 Data indicating inappropriate or unacceptable work is subject to rejection by CONSULTANT or CITY. ARTICLE 3—USE OF CONTRACT DOCUMENTS 3.1 INTENT: 3.1.1 The Contract Documents comprise the entire agreement between the CITY and CONTRACTOR concerning the Work. The Contract Documents are complementary:what is called for by one is as binding as if called for by all. The Contract Documents shall be construed in accordance with the laws of the State of Florida with venue in Palm Beach County,Florida. 3.1.2 It is the intent of the Contract Documents to describe the Work,functionally complete,to be constructed in accordance with the Contract Documents. Any labor,cocumentation,services,materials,or equipment that may reasonably be inferred from the Contract Documents or from prevailing custom or trade usage as being requirec to produce the intended result shall be provided whether or not specifically called for. 3.2 REFERENCE TO STANDARDS: 3.2.1 Reference to stancard specifications,manuals or codes of any technical society,organization,or association,or to the Laws or Regulations of any governmental authority,whether such reference be specific or by implication,shall mean the latest standard specification,manual,code or Laws or Regulations in effect at the time of opening of Bics,except as may be otherwise specifically stated. However,no provision of any referencec stancard specification,manual or code(whether or not specifically incorporated by reference in the Contract Documents)shall be effective to change the cuties or responsibilities of the CITY,CONTRACTOR or CONSULTANT or any of their agents or employees from those set forth in the Contract Documents,nor shall it be effective to assign to CITY,CONSULTANT,or CONSULTANT's agents or employees,any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of the Contract Documents. 3.3 REVIEW OF CONTRACT DOCUMENTS. 3.3.1 The Contract Documents which comprise the Contract between the CITY and the CONTRACTOR are attached hereto and made part hereof anc consist of the following: 3.3.1.1 The Purchase Order 3.3.1.2 Contractor's Bid anc Bid Bonds 3.3.1.3 Bic Documents consisting of: 3.3.1.4 Invitation to Bid and Instructions to Biccers 3.3.1.5 General Conditions 3.3.1.6 Supplemental Conditions Boynton Beach Utilities—Stormwater(CIPP)Lining BB Leisureville&Gateway Blvd GC 23 3.3.1.7 Technical Specifications 3.3.1.8 All Plans 3.3.1.9 All Acdenda 3.3.1.10 Recorced Public Construction Performance anc Payment Bond in a form supplied by the CITY,which shall be provided to the CITY by the CONTRACTOR,along with the return of an executed Purchase Order. The CONTRACTOR shall be responsible for recording the Public Construction Bonc. 3.3.1.11 Insurance Certificates shall be proviced by the CONTRACTOR,along with the return of an executed copy of the Contract. 3.3.1.12 Any modifications,inclucing change orcers,duly delivered after execution of this Contract. 3.3.1.13 Executed Notice to Proceed 3.3.2 Except for culy authorizec anc executec Modifications inclucing but not limited to change orders and contract amendments,any conflict between the terms anc conditions of this Contact and the terms and conditions of any of the other Contract Documents shall be interpreted in favor of this Contract. 3.3.3 If, during the performance of the Work, CONTRACTOR fincs a conflict, error, or discrepancy in the Contract Documents, the CONTRACTOR shall so notify the CONSULTANT, in writing, at once and before proceeding with the Work affected thereby, and shall obtain written interpretation or clarification except in an emergency as authorized in paragraph 6.13 3.4 ORDER OF PRECEDENCE OF CONTRACT DOCUMENTS: 3.4.1 In resolving conflicts resulting from errors or discrepancies in any of the Contract Documents,the order of precedence shall be as follows: 1. Change Orcer 2. Construction Contract or Purchase Order. 3. Acdenda,with later date having greater priority. 4. Bic Form 5. Special Conditions 6. Supplemental General Conditions 7. Invitation to Bid 8. Instructions to Bicders 9. General Conditions 10. Technical Specifications 11. Contract Drawings The captions or subtitles of the several articles anc divisions of these Contract Documents constitute no part of the context and hereof,but are only labels to assist in locating anc reacing the provisions hereof. However, In the event of inconsistent or conflicting provisions of the Purchase Order or Contract and referenced documents,the following descencing orcer of precedence shall prevail: 1. Specifications 2. Drawings 3. Special/Supplemental Conditions 4. General Conditions 5. Item Description. 3.4.2 With reference to Drawings,the orcer of precedence is as follows: 1. Figures govern over scaled dimensions. 2. Detail crawings govern over general crawings. 3. Acdenda/Change Orcer drawings govern over any other crawings. 4. Drawings govern over standarc drawings. 3.4.3 Except as otherwise specifically stated in the Contract Documents or as may be provided by amendment or supplement thereto issued by one of the methocs indicatec in paragraph 3.5(Amending of Contract Documents),the provisions of the Contract Documents shall take precedence in resolving any conflict,error,ambiguity or discrepancy between the provisions of the Contract Documents and: 1. the provisions of any such standarc,specifications,manual,code or instruction(whether or not specifically incorporated by reference in the Contract Documents),or 2. The provisions of any such Law or Regulations applicable to the performance of the Work(unless such an interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation). 3. No provision of any such standard, specifications, manual, code or instruction shall be effective to change the duties and responsibilities of CITY,CONTRACTOR or CONSULTANT,or any of their Sub-Contractors,agents or employees from those set forth in the Contract Documents, nor shall it be effective to assign to CITY, CONSULTANTS or any of CONSULTANT's agents or employees any cuty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of para 9.11 (Limitations on Consultant) or any other provision of the Contract Documents. 3.5 AMENDING CONTRACT DOCUMENTS. 3.5.1 The Contract Documents may be amencec to provice for additions, deletions and revisions in the Work or to modify the terms and concitions thereof by a Change Order(pursuant to Article 10,Changes in Work). 3.5.2 Acditicnally,the recuirements of the Contract Documents may be supplemented and minor variations and deviations in the Work may be authorized,in one or more of the following ways: 3.5.2.1 A Change Order(pursuant to paragraph 10,Changes in Work) 3.5.2.2 CONSULTANT's approval of a Shop Drawings or sample(pursuant to paragraph 6.11,Shop Drawings and Samples),or 3.5.2.3 CONSULTANT's written interpretation or clarification(pursuant to paragraph 9.4,Clarifications and Interpretations). Boynton Beach Utilities—Stormwater(CIPP)Lining BB Leisureville&Gateway Blvd GC 24 3.6 REUSE OF DOCUMENTS: 3.6.1 Neither CONTRACTOR nor any Sub-Contractor or Supplier or other persons or organizations performing or furnishing any of the Work under a direct or indirect contract with the CITY shall have or acquire any title to or ownership rights in any of the Contract Documents, drawings,Special Conditions or other cocuments usec on the Work;and,they shall not reuse any of these on extensions of the Project or any other project without prior written consent of the CITY and CONSULTANT. ARTICLE 4—SITE OF WORK 4.1 AVAILABILITY OF LANDS: 4.1.1 The CITY shall furnish, as indicated in the Contract Documents,the lands upon which the Work is to be performed, rights-of-way and easements for access thereto and such other lands which are designated for the use of the CONTRACTOR. Easements for permanent structures or permanent changes in existing facilities shall be obtained and paid for by the CITY,unless otherwise provided in the Contract Documents. Nothing contained in the Contract Documents shall be interpreted as giving the CONTRACTOR exclusive occupancy of the lancs of rights-cf-way proviced. CONTRACTOR shall provide for all additional lands and access thereto that may be required for temporary construction facilities of storage of materials and equipment. 4.1.2 Occupying Private Land:The CONTRACTOR shall not enter upon nor use any property not under the control of the CITY until a written temporary construction easement agreement has been executed by the CONTRACTOR and the property owner,and a copy of such easement furnishec to the CITY anc CONSULTANT prior to saic use,anc neither the CITY nor the CONSULTANT shall be liable for any claims or damages resulting from the CONTRACTOR's trespass on or use of any such properties. The CONTRACTOR shall provide the CITY with a signed release from the property owner confirming that the lands have been satisfactorily restored upon completion of the Work. 4.1.3 Work in State,County anc CITY Rights-of-Way anc Easements:When the Work involves the installation of sanitary sewers,storm sewers, drains, water mains, manholes, underground structures, or other disturbances of existing features in or across streets, rights-of-way, easements,or other property;the CONTRACTOR shall(as the Work progresses)promptly back-fill,compact,grade and otherwise restore the disturbed area to a basic concition which shall permit resumption of pedestrian or vehicular traffic and any other critical activity or function consistent with the original use of the land. Unsightly mounds of earth,large stones,boulders,and debris shall be removed so that the Site presents a neat appearance as part of the Contract. 4.1.4 Work Acjacent to Telephone,Power,Cable TV,and Gas Company Structures: In all cases where Work is to be performed near telephone, power,water,sewer,drainage,cable TV,or gas company facilities,the CONTRACTOR shall provide written notification to the respective companies of the areas of which Work is to be performed,prior to the actual performance of any Work in these areas. 4.1.5 Use of Public Streets:The use of public streets and alleys shall be such as to provide a minimum of inconvenience to the public and to other vehicular anc non-vehicular traffic. The CONTRACTOR shall remove any earth or excavated materials spilled from trucks and clean the streets to the satisfaction of the CITY,the CONSULTANT,the Florida Department of Transportation,or other agency or governmental entity having jurisdiction,as applicable. 4.2 REPORTS OF PHYSICAL CONDITIONS: 4.2.1 Subsurface Explorations:Where applicable,reference is made in the Special Conditions for identification of those reports of explorations anc tests of subsurface conditions at the Site that have been utilized by CONSULTANT in preparation of the Contract Documents.4.2.2 Existing Structures: Where applicable, reference is mace to the Special Conditions for identification of those drawings of physical concitions in or relating to existing surface and subsurface structures(except Underground Facilities referred to in paragraph 4.3 herein)which are at or contiguous to the Site that have been utilized by CONSULTANT in preparation of the Contract Documents. 4.2.3 Neither the CITY nor CONSULTANT makes any interpretation as to the completeness of the reports or drawings referred to in paragraphs 4.2.1 "Subsurface Explorations" or 4.2.2 "Existing Structures" above or the accuracy of any data or information contained herein. CONTRACTOR may rely upon the general accuracy of the technical data contained in such reports and drawings but not for the completeness thereof for CONTRACTOR"s purposes including but not Iimitec to, any aspects of the means, methods, techniques, sequences, and procedures of construction to be employec by the CONTRACTOR and safety precautions and programs incident thereto.The CONTRACTOR may not rely upon any interpretation of such technical data,including any interpolation or extrapolation thereof,or any non-technical data, interpretations,anc opinions contained therein. 4.2.4 Where the dimensions and location of existing structures are of importance to the installation or connection of new Work, the CONTRACTOR shall verify such dimensions anc locations in the field before the fabrication of any materials or equipment which is dependent on the correctness of such information. There shall be no additional cost to the CITY for CONTRACTOR's failure to verify such dimensions anc locations,or for inaccurate verifications by CONTRACTOR.CONTRACTOR shall bear the full cost of any modifications to the Work which result from subsurface concitions which result from subsurface conditions which could have been reasonably been discovered prior to commencement of the Work or a portion of the work. 4.3 PHYSICAL CONDITIONS—UNDERGROUND FACILITIES: 4.3.1 Indicated:The information and data incicatec in the Contract Documents with respect to existing Underground Utilities at or contiguous to the Site is based on information and data furnishec to the CITY or CONSULTANT by the owners of such Underground Facilities or by others. 4.3.1.1 The CITY and CONSULTANT shall not be responsible for the accuracy or completeness of any such information or data,and 4.3.1.2 The CONTRACTOR shall notify the Undergrounc Service Alert(USA)System,Phone No.1-800-227-2600 and Sunshine State One Call Services(1-800-432-4770)at least forty-eight (48) hours in advance of the commencement of Work at any site to allow the member of utilities to examine the construction site and mark the location of the utilities'respective facilities. 4.3.1.3 The CONTRACTOR acknowledges that some(or all)of the utility companies with facilities shown on the drawings may not be Boynton Beach Utilities—Stormwater(CIPP)Lining BB Leisureville&Gateway Blvd GC 25 members of the USA System or Sunshine State One Call Services,and therefore,not automatically contacted by the above referenced telephone number.The CONTRACTOR will be responsible for making themselves aware of utility company facilities not reported by the USA System or Sunshine State One Call Services,and shall be liable for any and all damages stemming from repair or delay costs or any other expenses resulting from the unanticipated discovery of underground utilities. The CONTRACTOR shall be responsible for notifying all of the utilities at least forty-eight(48)hours in advance of the commencement of Work at any site to allow the utilities to examine the construction site and mark the location of the utilities'respective facilities. The CONTRACTOR shall also be responsible for verifying that each utility has responsibly responded to such notification. 4.3.1.4 CONTRACTOR shall have full responsibility for reviewing and checking all such information and data. Further, the CONTRACTOR shall be responsible for locating all Underground Facilities whether or not shown or indicated in Contract Documents,for coordination of the Work with the owners of such Underground Facilities during construction,for the safety and protection thereof as provided in paragraph 6.10,anc repairing any damage thereto resulting from Work,the cost of all of which shall be consicerec as having been included in the Contract Price. 4.3.1.5 All water pipes,sanitary sewers,storm crains,force mains,gas mains,or other pipes,telephone or power cables or conduits, pipe or concuit casings,curbs,sidewalks,service lines,and all other obstructions,whether or not shown,shall be temporarily removed from or supported across utility line excavations. Where it is necessary to temporarily interrupt services, the CONTRACTOR shall notify both the CITY and occupant of such facilities five (5) calendar days before the interruption and again immediately before service is resumed. Before disconnecting any pipes or cables, the CONTRACTOR shall obtain permission from the CITY or occupant,or shall make suitable arrangements for their disconnection by the CITY or occupant. The CONTRACTOR shall be responsible for all damages to any such pipes, conduits or cables, and shall restore them to service promptly,as part of the Work,as soon as the Work has progressed past the point involved. Approximate locations of known water,sanitary,drainage,natural gas,power,telephone and cable TV installations along the route of new pipelines or in the vicinity of new Work are shown,but are to be verified in the field by the CONTRACTOR prior to performing the Work. The CONTRACTOR shall uncover these pipes,ducts,cables,etc.carefully by hand prior to installing their work. Any discrepancies or cifferences found shall be immediately brought to the attention of the CONSULTANT in order that necessary changes may be made to permit installation of the Work. 4.3.2 Not Indicated: If an Underground Facility is uncovered or revealed at or contiguous to the Site which was not shown,nor located by the facilities owner and which CONTRACTOR could not reasonably have been expected to be aware of,CONTRACTOR shall promptly,after becoming aware of thereof anc before performing any Work affected thereby(except in an emergency as permitted by paragraph 6.10), identify the owner of such Undergrounc Facility anc give written notice thereof to that owner, the CITY and CONSULTANT. The CONSULTANT shall promptly review the Underground Facility to cetermine the extent to which the Contract Documents should be modified to reflect and cocument the consequences of the existence of the Underground Facility. The Contract Documents shall be amended or supplemented to the extent necessary. During such time, CONTRACTOR shall be responsible for the safety and protection of such Underground Facility as provided in paragraph 6.13. 4.4 DIFFERING SITE CONDITIONS 4.4.1 The CONTRACTOR shall notify the CONSULTANT in writing, of the following unforeseen conditions, hereinafter called differing Site concitions,within twenty-four(24) hours upon their discovery(but in no event later than seven (7)days after their discovery)and before they are disturbed: 4.4.1.1 Subsurface or latent physical conditions at the Site of Work differing materially from those indicated,described,or delineated in the Contract Documents,inclucing those reports discussed in paragraph 4.2 and 4.3(Physical Conditions,Underground Facilities), and 4.4.1.2 Any unknown physical concitions at the Site of the Work of an unusual nature differing materially from those ordinarily encounterec and generally recognized as inherent in work of the character provided for in the Contract Documents including those reports anc documents ciscussec in paragraph 4.2 anc 4.3 4.4.2 CONSULTANT shall promptly review the pertinent conditions,determine the necessity of obtaining additional explorations or tests with respect thereto,and acvise the CITY in writing(with a copy to the CONTRACTOR)of CONSULTANT's findings and conclusions. 4.4.3 If CONSULTANT concluces that because of newly discovered conditions a change in the Contract Documents is required,a Change Order shall be issuec as provicec in Article 10(Changes in Work)to reflect and document the consequences of the difference. 4.4.4 In each such case, an increase or decrease in the Contract Price or an extension or shortening of the Contract Time, or any combination thereof,shall be allowable to the extent that they are attributable to any such inaccuracy or difference. No such change shall occur if the ciffering site conditions coulc reasonably have been discovered by CONTRACTOR prior to commencement of Work, or a portion of the Work,through the subsurface explorations described in Sections 4.2 and 4.3. If the CITY and CONTRACTOR are unable to agree as to the amount or length thereof,a claim may be made therefor as provided in Article 11 (Change of Contract Price) anc Article 12(Change of Contract Time). 4.4.5 The CONTRACTOR's failure to give notice of differing Site conditions within twenty-four(24)hours or no later than seven(7)days of their discovery anc before they are disturbec,shall constitute a waiver of all claims in connection therewith,whether direct or consequential in nature. 4.5 REFERENCE POINTS: 4.5.1 The CITY shall provide,if available,engineering surveys to establish reference points for construction,which in CONSULTANT's judgment are necessary to enable CONTRACTOR to proceec with the Work. 4.5.2 CONTRACTOR shall be responsible for laying out the Work(unless otherwise specified in the General Requirements),shall protect and preserve the established reference points anc shall make no changes or relocations without the prior written approval of the CITY. The CONTRACTOR shall report to the CONSULTANT whenever any reference point is lost or destroyed or requires relocation because of necessary changes in grades or locations,and shall be responsible for the accurate replacement or relocation of such reference points by professionally qualified personnel. Boynton Beach Utilities—Stormwater(CIPP)Lining BB Leisureville&Gateway Blvd GC 26 ARTICLE 5—BONDS AND INSURANCE 5.1.1 CONTRACTOR shall upon delivery of the executec Contract or receipt of Award letter from the CITY,furnish Performance and Payment Boncs,each in an amount at least ONE HUNDRED PRECENT (100%)of the Contract Price as security for the faithful performance and payment of all CONTRACTOR's obligations uncer the Contract Documents. Said bonds must be provided to the CITY within ten (10) business days of the Award Letter or delivery of a Purchase Order or contract to the CONTRACTOR to execute and return to the CITY;or the CITY,at its sole discretion anc option may terminate the contract. These bonds shall remain in effect at least until one(1)year after the date when final payment becomes due,except as otherwise provided by Law or Regulation or by the Contract Documents. CONTRACTOR shall also furnish such other Boncs as are requirec by the Special Conditions. Each Bond shall be furnished in an amount equal to ONE HUNDRED PERCENT (100%) of the amount of the Contract award. The form and conditions of the Bond and the Surety shall be as specifiec anc suppliec by the CITY in the Bid Documents. 5.1.2 The Surety shall be a nationally recognizec Surety Company, acceptable to the CITY, listed on the current list of"Companies Holding Certificates of Authority as Acceptable Sureties on Feceral Bonds and Acceptable Reinsuring Companies" as published in Circular 570 (amenced) by the Audit Staff, Bureau of Government Financial Operations vs Treasury Department, and meet other requirements of Section 287.0935 Florida Statutes. For projects exceeding five hundred thousand dollars ($500,000),all bonds shall be placed with sureties with Best Ratings as stated below: The name,address,anc telephone number of the surety and its agent must be listed on the bond. 5.1.3 For contracts up to$499,999.99,the surety shall have twice the minimum surplus and capital required by the Florida Insurance Code at the time the Bid is issued for the Work,otherwise the surety shall have the minimum ratings: CONTRACT AMOUNT BEST KEY RATING Under$500,000 Class IX A or better $500,000 to Class XI A or $2,499,999.99 better Over$2,500,000 Class XIV A or better 5.1.4 The Bono shall specifically incorporate anc acknowledge the Surety's responsibility for liquidated damages. 5.1.5 Bonds shall be executec and issued by a registered agent,licensed and having an office in the State of Florida representing such corporate sureties. 5.1.6 If the CONTRACTOR is a partnership,the Bond shall be signec by each of the individuals who are partners;if a corporation,the Bond shall be signec in the correct corporate name by duly authorized officer, agent, or attorney-in-fact. There shall be an appropriate number of executed counterparts of the bond corresponding to the number of counterparts in the Contract. Each executed bond shall be accompanied by a)appropriate acknowledgement of the respective parties,b)appropriate duly certified copy of Power-of-Attorney or other certification of authority where Bond is executec by agent,officer or other representative of CONTRACTOR or Surety,c)duly certified extract from by-laws or resolutions of Surety uncer which Power-of-Attorney,or other certificate of Authority of its agent,officer or representative was issued. 5.1.7 If the Surety on any Bono furnishec by CONTRACTOR is declared bankrupt or becomes insolvent,or its right to do business is terminated in the state of Florida or it ceases to meet the recuirements of paragraph 5.1.3 and 5.1.4, CONTRACTOR shall within five (5) days thereafter substitute another Bond anc Surety, both of which must be in conformance with paragraph 5.1.3 and 5.1.4. Under no circumstances shall the successful CONTRACTOR begin Work until they have supplied to the CITY Performance and Payment Bonds and Affidavit for Bond using the CITY's form,and the CITY has approved the Bond. 5.1.8 The Bonds must be recorded in the Legal Records Department of Palm Beach County, Florida. Proof of recordation must be submitted to Procurement Services Division.The Bond number must be stated on the first page of the Bond. 5.2 INSURANCE: 5.2.1 The CONTRACTOR agrees to,in the performance of Work anc services under this Agreement,comply with all federal,state,and local laws anc regulations now in effect, or hereinafter enacted during the term of this Agreement that are applicable to the CONTRACTOR, its employees,agents,or Sub-Contractors,if any,with respect to the Work and services described herein. The CONTRACTOR shall obtain at CONTRACTOR's expense all necessary insurance in such form and amount as required by the CITY's Risk Management Department before beginning work uncer this Agreement.The CONTRACTOR shall maintain such insurance in full force and effect during the life of this Agreement. The CONTRACTOR shall provide to the CITY's Risk Management Department, all insurance certificates required under this section prior to beginning any work under this Agreement. The CONTRACTOR shall indemnify and save the CITY harmless from any damage resulting to it for failure to either CONTRACTOR or any Sub-Contractor to obtain or maintain such insurance. Boynton Beach Utilities—Stormwater(CIPP)Lining BB Leisureville&Gateway Blvd GC 27 The following are requirec types anc minimum limits of insurance coverage,which the CONTRACTOR agrees to maintain during the term of this Contract,unless otherwise statec. Occurrence Aggregate Line of Business/Coverage $1,000,000 $2,000,000 Commercial General Liability, including: Premises/Operations Contractual Liability Personal Injury Explosion, Collapse, Underground Hazarc Products/Completed Operations Broad Form Property Damage Cross Liability anc Severability of Interest Clause Automobile Liability(including owned, non- owned, and $1,000,000 $2,000,000 hired) Worker's Compensation&Employer's Liability -Statutory Limits: $500,000 per each disease $500,000 per each accident and $500,000 each employee 5.2.2 The CITY reserves the right to require higher limits cepencing upon the scope of work under this Agreement. 5.2.3 Neither the CONTRACTOR nor any Sub-Contractor shall commence work under this Contract until they have obtained all insurance recuirec uncerthis section anc have suppliec the CITY with evicence of such coverage in the form of an insurance certificate and endorsement. The CONTRACTOR shall ensure that all Sub-Contractors shall comply with the above guidelines and shall maintain the necessary coverage throughout the term of this Agreement. In the CITY's sole discretion, CONTRACTOR's failure to timely secure all required insurance shall void this Agreement and the Bid Awarc anc the CITY may select and contract with another reasonable Bidder. 5.2.4 All insurance carriers shall be rated at least A-VII per A.M.Best's Key Rating Guide and be licensed to do business in Florida. Policies shall be"Occurrence"form. Each carrier shall give the CITY sixty(60)days notice prior to cancellation. 5.2.5 The CONTRACTOR's general liability insurance policies shall be endorsed to add the CITY of Boynton Beach, its employees, Boynton Beach Utilities—Stormwater(CIPP)Lining BB Leisureville&Gateway Blvd GC 28 representatives anc elected officials as an "additional insured". The CONTRACTOR's Worker's Compensation carrier shall provide a Waiver of Subrogation to the CITY. The CONTRACTOR shall be responsible for the payment of all deductibles and self-insured retentions. 5.2.6 The CITY may require that the CONTRACTOR purchase a contract or performance bond equal to the cost of the Project. If the CONTRACTOR is to provide professional services under this Agreement,the CONTRACTOR must provide the CITY with evidence of Professional Liability Insurance with,at a minimum,a limit of$1,000,000 per occurrence and$2,000,000 in the aggregate. "Claims-Made"forms are acceptable for Professional Liability Insurance. 5.2.7 The CITY may require higher limits for Professional Liability Insurance depending on the size of the project. In any event,the Bidder shall maintain such Professional Liability Insurance in effect for three(3)years after the completion of the Project. 5.2.8 If any operations are to be undertaken or are about navigable waters, the CITY will require coverage included with the Worker's Compensation Insurance,the U.S.Longshoremen anc Harbor Workers Act and/or Jones Act. 5.2.9 Should the CITY recuire the Bidder to carry Builder's Risk Insurance for the Project, it must be in the amount equal to the full replacement cost of the Project. 5.2.10 Fulfillment by the Bidcer of the insurance provisions coes not limit the Bidder's liability to the amount of the policy limits. ARTICLE 6—CONTRACTOR'S RESPONSIBILITIES 6.1 CONTRACTOR STATUS: 6.1.1 The CONTRACTOR is an independent contractor and is not an employee or agent of the CITY. Nothing in this Contract shall be interpreted to establish any relationship other than that of an independent contractor,between the CITY and the CONTRACTOR, its employees,agents, Sub-Contractors, or assigns, during or after the performance of this Contract. The CONTRACTOR shall take the whole responsibility for the means,methods,techniques,sequences,and production of the Work. 6.2 CONTRACTOR RISK: 6.2.1 The CONTRACTOR shall bear all losses resulting to CONTRACTOR,on account of the amount or character of the Work,or because of the nature of the ground beneath,in or on which the Work is done is different from what was assumed or expected,or because of bad weather,or because of errors or omissions in their or its bid on the Contract Price, or except as otherwise provided in the Contract Documents because of any other causes whatsoever. Execution of this Contract by the CONTRACTOR is a representation that the CONTRACTOR has visited the Site,has conducted sufficient investigation of the surface and sub-surface concitions in order to submit its bid,has become familiar with the local conditions under which the Work is to be performed,and correlatec personal observations with the recuirements of the Contract Documents. 6.2.2 The CONTRACTOR shall protect the entire Work,all materials under the Contract and the CITY's property(including machinery anc equipment)in,or on,or acjacent to the Site of the Work until final completion of Work,from action of the elements,acts of other contractors,or except as otherwise provided in the Contract Documents,and from any other causes whatsoever;shoulc any damage occur by reason of any of the foregoing,the CONTRACTOR shall repair at their own expense to the satisfaction of the CITY or its Project Manager. Neither the CITY, nor its officers, employees,or agents assume any responsibility for collection of indemnities or damages from any person or persons causing injury to the Work of the CONTRACTOR. 6.2.3 At its expense, the CONTRACTOR shall take all necessary precautions (including without limitation)the furnishing of guards, fences,warning signs,walks,flags,cables and lights for the safety of and the prevention of injury,loss and damage to persons and property. The term"persons"incluces without limitations,members of the public,the CITY and its employees and agents,the Project Manager anc his/her employees,CONTRACTOR's employees,CONTRACTOR"s Sub-Contractors and Sub-Contractors respective employees,who are on or about or adjacent to the premises where said Work is to be performed.CONTRACTOR shall comply with all applicable provisions of safety laws,rules,ordinances,regulations and orders of duly constituted federal,state,and local authorities anc building codes. 6.2.4 The CONTRACTOR assumes all risk of loss, carnage and destruction to all of its materials, tools, appliances and property of every description and that of its Sub-Contractors and Sub-Contractor's respective employees or agents,and injury to or death of the CONTRACTOR, its employees,Sub-Contractors or Sub-Contractor's respective employees or agents, including legal fees,court costs or other legal expenses,arising out of or in connection with the performance of this Contract. 6.3 SUPERVISION AND SUPERINTENDENCE. 6.3.1 The CONTRACTOR shall supervise anc direct the Work. It shall be solely responsible for the means,methods,techniques,sequences anc procedures of construction. The CONTRACTOR shall employ and maintain at the Worksite(s), a qualified supervisor or superintencent who shall have been cesignated in writing by the CONTRACTOR as its CONTRACTOR's representative at the Site. The supervisor shall have full authority to act on behalf of the CONTRACTOR and all communications given to the supervisor shall be as binding as if given to the CONTRACTOR. The supervisor shall be present on the Site at all times as required to perform acequate supervision and coordination of the Work. (Copies of written communications given to the superintendent shall be mailed to the CONTRACTOR's home office).CONTRACTOR shall notify the CITY in writing of the name,title and contact information for the Boynton Beach Utilities—Stormwater(CIPP)Lining BB Leisureville&Gateway Blvd GC 29 designated supervisor/superintencent. 6.4 LABOR,MATERIALS AND EQUIPMENT: 6.4.1 The CONTRACTOR shall provide competent, suitably cualified personnel to survey and lay out the Work and perform construction as recuirec by the Contract Documents.They shall at all times maintain good discipline and order at the Site. Except in connection with the safety or protection of persons or the Work or property at the Site or adjacent thereto,and except as otherwise indicated in the Contract Documents,all Work at the Site shall be performed during regular working hours as defined in the Special Conditions herein, and CONTRACTOR shall not permit overtime work or the performance of Work on Saturday, Sunday, or any legal holiday observec by the CITY,without the CITY's Project Manager's written consent. 6.4.2 Materials and Equipment: The CONTRACTOR shall furnish all materials,equipment, labor,transportation,construction equipment and machinery,tools,appliances,fuel,power,light,heat,telephone,water and sanitary facilities and all other facilities and incidentals necessary for the execution,testing, initial operation anc completion of the Work. All material stored on the job site shall remain the responsibility of the CONTRACTOR until incorporated in the Work. The CITY shall not reimburse the CONTRACTOR for materials lost,stolen,or damaged while stored on the job site. 6.4.3 Condition of Materials:All materials and ecuipment shall be new. When special makes or grades of material which are normally packaged by the supplier or manufacturer are specified or approved, such materials shall be delivered to the Site in their original packages or container with seals unbroken and labels intact. 6.4.4 Installation/Assembly: All materials anc equipment shall be applied, installed, connected, erected, used, cleaned and concitionec in accorcance with the instructions of the applicable manufacturer, fabricator or processors, except as otherwise proviced in the Contract Documents. 6.4.5 Materials,Equipment,Products and Substitutions: CONTRACTOR shall verify that materials,equipment,and products incorporated in the Work are fit for their intenced purpose before being purchased by the CONTRACTOR. However,the CONTRACTOR shall submit to the CONSULTANT anc the CITY's Project Manager a list of proposed materials,equipment or products,together with such samples considered substitutes as may be necessary to determine their acceptability and obtain approval,pursuant to Section 32, Instruction to Bicders if prior to awarc,or after award,within ten(10)calendar days after the CONTRACTOR should have been aware of the neec for substitution,unless otherwise stipulatec in the Special Conditions. No request for payment for"or equal"equipment shall be approvec until this list has been receivec anc approved by the CONSULTANT.The CITY may require the CONTRACTOR to furnish at CONTRACTOR's expense,a special performance guarantee or other surety with respect to any substitute. 6.4.5.1 Whenever a material,article,or piece of ecuipment is identified on the Drawings or Specifications by reference to brand name or catalogue number,it shall be understood that this is referenced for the purpose of defining the performance or other salient recuirements,and that other products of equal capacities,quality and function may be considered. The CONTRACTOR may recuest the substitution of a material,article,or piece of equipment of equal substance and function for those referrec to in the Contract Documents by reference to brand name or catalogue number and if,the opinion of the CONSULTANT anc CITY,such material, article, or piece of equipment is of equal substance and function to that specifiec, the CONSULTANT with concurrence of the CITY's Project Manager may approve its substitution and use by the CONTRACTOR. 6.4.5.2 The application shall state that the evaluation and acceptance of the proposed substitute shall not prejudice CONTRACTOR's achievement of Substantial Completion on time,whether or not acceptance of the substitute for use in the Work shall require a change in any of the Contract Documents(or in the provisions of any other direct contract with the CITY for Work on the Project)to acapt the design to the proposed substitute and whether or not incorporation or use of the substitute in connection with the Work is subject to payment of any license fee or royalty. All variations of the proposed substitute from that specified shall be identified in the application and available maintenance,repair,and replacement service shall be indicated. 6.4.5.3 The application shall also contain itemized estimate of all costs and cost savings that shall result directly or indirectly from acceptance of such substitute, including costs or redesign and claims of other contractors affected by CONSULTANT in evaluating the proposed substitute. CONSULTANT may require CONTRACTOR to furnish at CONTRACTOR's expense, acditional cata about the proposed substitute. 6.4.5.4 Incidental changes or extra component parts required to accommodate the substitute shall be made by the CONTRACTOR without an increase in the Contract Price or Contract Time. The CONTRACTOR shall reimburse the CITY for charges of the CONSULTANT and CONSULTANT'S consultants for evaluating each proposed substitution. These costs shall include transportation,to operating installation at factories,etc. 6.4.5.5 No substitute shall be orderec or installed without the written approval of the CONSULTANT with the CITY's Project Manager's concurrence. 6.4.5.6 Delay causec by obtaining approvals for substitute materials or installations shall be attributable to CONTRACTOR and shall not be considerec justifiable grouncs for an extension of construction time. 6.4.5.7 Shoulc any work or materials,equipment or products not conform with requirements of the Drawings and Specifications or become camagec during the progress of the Work,such Work or materials shall be removed and replaced,together with any work cisarrangec by such alterations, at any time before completion and acceptance of the Project. All such work shall be cone at the expense of the CONTRACTOR. Boynton Beach Utilities—Stormwater(CIPP)Lining BB Leisureville&Gateway Blvd GC 30 6.4.5.8 No materials or supplies for the Work shall be purchased by the CONTRACTOR or by any Sub-Contractor subject to any chattel mortgage or under concitional sale or other agreement by which an interest is retained by the Seller. The CONTRACTOR warrants that it has clear title to all materials and supplies used by them in the Work. 6.4.5.9 If a specific means,methoc,technicue,sequence or procedure of construction is indicated in or required by the Contract Documents,CONTRACTOR may furnish or utilize a substitute means,method,sequence,technique or procedure of construction,if applicable,to the CITY anc CONSULTANT,if CONTRACTOR submits sufficient information to allow CITY and CONSULTANT to determine that the substitute proposed is equivalent to that indicated or required by the Contract Documents.The procedure for review by the CITY and CONSULTANT shall be similar to that provided in paragraph 6.4.5.1 (Materials, Equipment, Products and Substitutions, par. 2) as applied by CONSULTANT and as may be supplemented in the Special Conditions. 6.4.5.10 Any two(2)or more pieces of material or ecuipment of the same kind,type or classification,and being used for identical types of service,shall be mace by the same manufacturer. 6.5 CONCERNING SUBCONTRACTORS: 6.5.1 The CONTRACTOR shall not employ any sub-contractor,other persons or organization(whether initially or as a substitute)against whom the CITY or the CONSULTANT may have reasonable objection, nor shall the CONTRACTOR be required to employ any sub-contractor against whom it has reasonable objection. The CONTRACTOR shall not make any substitution for any sub- contractor who has been acceptec by the CITY's Project Manager and the CONSULTANT,unless the CONSULTANT determines that there is good cause for coing so. If after bic opening and prior to the award of the Contract,the CITY objects to certain suppliers or sub-contractors,the CITY may permit CONTRACTOR to submit an acceptable substitute so long as there is no change in the Contract Price or Contract Time. If the Contract Price or Contract Time is increased or extended,the CITY may return the Bid Bond anc award the Contract to the next cualified,competent Bidder. If after the award of the Contract,the CITY objects to certain suppliers or sub-contractors, the CITY shall permit CONTRACTOR to make an appropriate and acceptable substitution which is also acceptable to the CITY. No acceptance by the CITY or the CONSULTANT of any such sub-contractor,supplier,or other person or organization shall constitute a waiver of any right of the CITY or CONSULTANT to reject defective Work. 6.5.2 Responsibility: The CONTRACTOR shall be fully responsible for all acts and omissions of its Sub-Contractors and of persons and organizations cirectly or incirectly employed by the CONTRACTOR and of persons and organizations for whose acts any of CONTRACTOR or Sub-Contractor may be liable to the same extent that they are responsible for the acts and omissions of persons directly employed by CONTRACTOR. Nothing in the Contract Documents shall create any contractual relationship between CITY or CONSULTANT and any Sub-Contractor or other person or organization having a direct contract with CONTRACTOR,nor shall it create any obligation on the part of CITY or CONSULTANT to pay or to see to the payment of any moneys due any sub-contractor or other person or organization, except as may otherwise be required by law. CITY or CONSULTANT may furnish to any sub- contractor or other person or organization,to the extent practicable,evidence of amounts paid to CONTRACTOR on account on specific Work done in accordance with the Schedule of Values. 6.5.3 Division of Work: The divisions and sections of the Specifications and the identifications of any Drawings shall not control the CONTRACTOR in dividing the Work among sub-contractors or delineating the Work to be performed by any specific trade. 6.5.4 Terms anc Conditions:The CONTRACTOR agrees to bind specifically every sub-contractor to the applicable terms and conditions of the Contract Documents for the benefit of the CITY. 6.5.5 Agreement: Any and all Work performec for the CONTRACTOR by a sub-contractor shall be pursuant to an appropriate agreement between the CONTRACTOR and the sub-contractor. 6.5.6 Responsibility:The CONTRACTOR shall be responsible for the coordination of the trades,sub-contractors and material men engaged upon in work of the Project... 6.5.7 The CONTRACTOR shall cause appropriate provisions to be inserted in all subcontracts relative to the Work,to bid sub-contractors to the CONTRACTOR by the terms of these General Conditions and other Contract Documents insofar as applicable to the Work of sub-contractors,and to give the CONTRACTOR the same power as regards terminating any sub-contract that the CITY may exercise over the CONTRACTOR under any provisions of the Contract Documents. 6.5.8 The CITY or CONSULTANT shall not undertake to settle any differences between the CONTRACTOR and his sub-contractors or between sub-contractors. 6.5.9 If in the opinion of the CITY's Project Manager or CONSULTANT,any subcontractor on the Project proves to be incompetent or o therwise unsatisfactory,such Sub-Contractor shall be replaced if and when directed in writing. 6.5.10 CONTRACTOR shall also. 6.5.10.1 Observe work of each subcontractor to monitor compliance with Schedule. 6.5.10.2 Verify that labor anc equipment are adequate for the Work and the Schedule. 6.5.10.3 Verify that procuct procurement schecules are adequate. 6.5.10.4 Verify that procuct deliveries are adequate to maintain schedule. 6.5.10.5 Report non-compliance to CONSULTANT with recommendation for changes. Boynton Beach Utilities—Stormwater(CIPP)Lining BB Leisureville&Gateway Blvd GC 31 6.6 PATENTS,FEES AND ROYALTIES. 6.6.1 The CONTRACTOR shall pay all license fees anc royalties and assume all cost incidents to the use of any invention,design, process or device which is the subject of patent rights or copyrights held by others. They shall indemnify and hold harmless the CITY and CONSULTANT anc anyone directly or indirectly employed by either of them from and against all claims,damages,losses anc expenses(including attorney's fees)arising out of any infringement of such rights during or after completion of the Work,and shall defenc all such claims in connection with any alleged infringement of such rights. 6.6.2 Patent rights: The CONTRACTOR shall be responsible for determining the application of patent rights and royalties on materials,appliances, articles or systems prior to bidding. However, they shall not be responsible for such determination on systems which cc not involve purchase by them of materials,appliances and articles. 6.7 PERMITS,LAWS AND REGULATIONS: 6.7.1 Permits: The CONTRACTOR shall secure and pay for all construction permits and licenses and shall pay all governmental charges and inspection fees necessary for the prosecution of the Work,which are applicable at the time of its Bid. The CITY shall assist the CONTRACTOR,when necessary,in obtaining such permits and licenses. The CITY shall be invoiced at actual cost without markup. 6.7.2 The CONTRACTOR shall also pay all public utility charges. The CONTRACTOR shall be responsible for obtaining dewatering permits as recuired. CONTRACTOR shall be responsible for complying with the South Florida Water Management District (SFWMD), Florica Department of Environmental Regulations,United States Environmental Protection Agency and any other regulatory agency requirements including financial responsibility(fines,etc). 6.7.3 Laws anc Regulations: The CONTRACTOR shall give all notices and comply with all laws, ordinances, rules and regulations applicable to the Work. If the CONTRACTOR observes that the Specifications or Drawings are at variance therewith,they shall give the CONSULTANT prompt written notice thereof,and any necessary changes shall be adjusted by an appropriate modification. If the CONTRACTOR performs any Work knowing it to be contrary to such laws, ordinances, rules and regulations, and without such notice to the CONSULTANT, they shall bear all costs arising therefrom, however, is shall not be their primary responsibility to make certain that the Drawings and Specifications are in accordance with such laws,ordinances,rules and regulations. 6.8 TAXES: 6.8.1 Cost of all sales and other taxes for which the CONTRACTOR is liable under the Contract shall be included in the Contract Price statec by the CONTRACTOR. 6.9 RECORD DOCUMENTS/RIGHT TO AUDIT: 6.9.1 The CONTRACTOR shall keep in a safe place one record copy of all Specifications,Drawings,Addenda,Modifications,and Shop Drawings at the site in good orcer anc annotatec to show all changes made during the construction process. Such documents shall be available to the CONSULTANT anc shall be delivered to the CONSULTANT for the CITY upon completion of the Project. Such documents shall be usec for this purpose only. Final acceptance of the project shall be withheld by the CITY until approval of all cocuments specified herein is mace by the CITY's Project Manager. 6.9.2 The awardec CONTRACTOR shall maintain curing the term of the Contract all books, reports,and records in accordance with generally accepted accounting practices anc stancards for records directly related to this Contract. The form of all records and reports shall be subject to the approval of the CITY's auditor. The awarded CONTRACTOR agrees to make available to the CITY's auditor,during normal business hours, all books of account, reports,and records relating to this Contract for the duration of the Contract and retain them for a minimum perioc of three(3)years. 6.9.3 The awarded CONTRACTOR shall be aware that the Palm Beach County,Office of Inspector General investigators shall have the power without limitation to aucit,investigate,monitor,inspect and review the operations,activities,performance and procurement process of the CONTRACTOR,its Sub-Contractors and lower tier subcontractors and its officers,agents and employees relating to the Contract. 6.9.4 If the CONTRACTOR submits a claim to the CITY for additional compensation,the CITY shall have the right,as a condition to considering the claim,and as a basis for evaluation of the claim,and until the claim has been settled to audit the CONTRACTOR's books to the extent they are relevant. This right shall include the right to examine books,records,documents,and other evidence anc accounting procecures anc practices,sufficient to discover and verify all direct and indirect costs of whatever nature claimed to have been incurrec or anticipated to be incurred anc for which claim has been submitted. The right to audit shall include the right to inspect the CONTRACTOR's plants, or such parts thereof,as may be or have been engaged in the performance of the Work. The CONTRACTOR further agrees that the right to audit encompasses all subcontracts and is binding upon all Sub-Contractors. The rights to examine and inspect herein proviced for shall be exercisable through such representatives as the CITY deems desirable during the CONTRACTOR's normal business hours at the office of the CONTRACTOR.Upon request by the CITY,CONTRACTOR shall provide the accounting records anc documents,and other financial data and shall submit true copies of requested records to the CITY. Boynton Beach Utilities—Stormwater(CIPP)Lining BB Leisureville&Gateway Blvd GC 32 6.10 SAFETY,PROTECTION AND EMERGENCIES: 6.10.1 CONTRACTOR shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. CONTRACTOR shall take all necessary precautions for the safety of,and shall provide the necessary protection to prevent carnage,injury or loss to: 6.10.1.1 All employees on the Work anc other persons,who may be affected thereby, 6.10.1.2 All the Work anc all materials or ecuipment to be incorporated therein,whether in storage on or off the Site,and 6.10.1.3 Other property at the Site or acjacent thereto, including trees, shrubs, lawns,walks, pavements, roadways, structures anc utilities not cesignatec for removal,relocation or replacement in the course of construction. 6.10.2 CONTRACTOR shall comply with all applicable laws,ordinances,rules and regulations of any public body having jurisdiction for the safety of persons or property or to protect them from carnage, injury or loss on or off the Work and shall erect and maintain all necessary safeguares for such safety anc protection. 6.10.3 CONTRACTOR shall notify owner of adjacent property and of Underground Facilities and utility owners when prosecution of the Work may affect them,anc shall cooperate with them in the protection,removal,relocation and replacement of their property. 6.10.4 All damage,injury or loss to any property referred to in paragraph 6.10.1.2 or 6.10.1.3 caused directly or indirectly,in whole or in part,by CONTRACTOR,any Sub-Contractor,Supplier or any other person or organization directly or indirectly employed by any such entity to perform or furnish any of the Work for anyone for whose acts may be liable,shall be remedied by CONTRACTOR. CONTRACTOR shall not be liable for acts or omissions attributable to the CITY or CONSULTANT. 6.10.5 CONTRACTOR's duties and responsibilities for the safety and protection of the Work shall continue until such time as all the Work is completec and CONSULTANT has issuec a notice to the CITY and CONTRACTOR in accordance with paragraph 14.6(Substantial Completion)that the Work is acceptable or until any and all final"punch list"items are completed,whichever is later. 6.10.6 The safety provisions of applicable laws anc building and construction codes shall be observed and the CONTRACTOR shall take or cause to be taken such acditional safety and health measures as the Local Public Agency involved may determine to be reasonably necessary.Machinery,equipment anc all hazares shall be guarded in accordance with the safety provisions of the"Manual of Accicent Prevention in Construction"as published by the Associated General Contractors of America,Inc.to the extent that such provisions are not in conflict with applicable laws. 6.10.7 The CONTRACTOR shall maintain an accurate recorc of all cases of death, occupational disease, or injury requiring medical attention or causing loss of time from Work,arising out of an and in the course of employment on Work under the Contract. The CONTRACTOR shall promptly furnish the reports concerning these matters to the appropriate Local Public Agency within forty-eight (48)hours of the event or as per specific timeframe specified by such Local Public Agency. 6.10.8 SAFETY REPRESENTATIVE:CONTRACTOR shall designate a responsible representative at the Site whose duty shall be prevention of accicents. This person shall be CONTRACTOR's superintendent unless otherwise designated in writing by CONTRACTOR to the CITY. 6.10.9 HAZARD COMMUNICATION PROGRAMS:CONTRACTOR shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employees at the Site in accorcance with Laws anc Regulations. 6.10.10 SUPERINTENDENT:The CONTRACTOR shall designate a responsible member of their organization at the Site whose duty shall be prevention of accidents. This person shall be the CONTRACTOR's superintendent unless otherwise designated in writing by the CONTRACTOR to the CITY's Project Manager. 6.10.11 EMERGENCIES: In emergencies affecting the safety of the persons or the Work or property of the Site or adjacent thereto, the CONTRACTOR,without special inspection or authorization from the CONSULTANT or the CITY's Project Manager is obligated to act,at its discretion,to prevent carnage,injury or loss. 6.10.12 CONTRACTOR shall give CITY's Project Manager anc CONSULTANT prompt written notice if CONTRACTOR believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If CONSULTANT determines that a change in the Contract Documents is requirec because of the action taken in response to an emergency,a Change Order shall be issuec to cocument the consequences of the changes or variations. 6.10.13 During adverse weather, anc against the possibility thereof,the CONTRACTOR shall take all necessary precautions to ensure that the Work shall be done in a good anc workmanlike condition and is satisfactory in all respects. When required,protection shall be providec by the use of tarpaulins,wood and other acceptable means. The CONTRACTOR shall be responsible for all changes caused by adverse weather, inclucing unusually high winds and water levels and they shall take such precautions and procure such additional insurance as they deem prudent. The CONSULTANT may suspend construction operations at any time when in their judgment,the conditions are unsuitable or the proper precautions are not being taken,whatever the weather or water level concitions may be,in any season. 6.10.14 If the CONTRACTOR believes that acditional work done by them in an emergency which arose from causes beyond their control entitles them to an increase in the Contract Price or an extension of the Contract Time,they may make a claim therefor as provided in Article 11 (Change in Contract Price)and Article 12,(Change in Contract Time). 6.10.15 NATIONAL EMERGENCY:In the event the CITY is prevented from proceeding with any or all of the Work as stated in the Contract due to a declaration of war,or national emergency by the United States government,whereas the construction of the type contracted Boynton Beach Utilities—Stormwater(CIPP)Lining BB Leisureville&Gateway Blvd GC 33 for herein is specifically prohibitec by statute or government edict,or due to the stoppage of construction caused by any governmental agency,state,CITY,town,or county regulations,orcers,restrictions,or due to circumstances beyond the CITY's control;then the CITY herein reserves the right to either suspenc the Work to be done for an indefinite period of time or to cancel this Contract outright by giving notice by registered mail of such intention to the CONTRACTOR herein. In the event of any conditions above mentioned occurring after the Work herein has already commenced,then the CITY shall be liable for only the cancellation or suspension without the addition of prospective profits or other change whatsoever. 6.11 SHOP DRAWINGS AND SAMPLES: 6.11.1 Shop Drawings:After checking and verifying all field measurements,the CONTRACTOR shall submit to the CONSULTANT and the CITY's Project Manager for review in accordance with the accepted schedule of Shop Drawing submissions,(see paragraph 2.9) copies(or at the CONSULTANT's option,one reprocucible copy)of all Shop Drawings,which shall have been checked by and stamped with the approval of the CONTRACTOR. The data shown on the Shop Drawings shall be complete with respect to dimensions,cesign criteria,materials of construction and the like to enable the CONSULTANT to review the information as required. Shop Drawings shall include but not be Iimitec to the following information: 6.11.1.1 Fabrication and Installation Drawings and details 6.11.1.2 Template placement diagrams 6.11.1.3 Manufacturer's installation instructions 6.11.1.4 Product patterns and colors 6.11.1.5 Coordination Drawings 6.11.1.6 Schecules 6.11.1.7 Product mix formula 6.11.1.8 Product design or engineering calculations 6.11.1.9 Other information as requirec by project After review, procuce copies anc distribute per Submittal Procedures article above and for Record Documents purposes describec in Section 6.37 Closeout Submittals. Submit to CONSULTANT for purpose of checking conformance with information given and design concept and on to the CITY's Project Manager. 6.11.2 SAMPLES:The CONTRACTOR shall also submit to the CONSULTANT for review,with such promptness as to cause no delay in Work,all samples required by the Contract Documents. All samples must have been checked by and stamped with the approval of the CONTRACTOR,icentified clearly as to material,manufacturer,any pertinent catalogue numbers and the use for which intended. CONTRACTOR shall submit to CONSULTANT for purpose of checking conformance with information given and design concept expressed in the documents. After review,CONSULTANT shall submit color boarc to CITY's Project Manager per Submittal Procedures. Samples shall also conform to the following: 6.11.2.1 Sample finishes anc colors shall be from full range or manufacturers' standard and colors, textures, and patterns for CONSULTANT's selection and preparation of color board for CITY's approval. 6.11.2.2 After review anc approval by the CITY,provide duplicates and distribute per Submittal Procedures. 6.11.2.3 Submit samples to illustrate functional anc aesthetic characteristics of the product,with integral parts and attachment cevices.Coordinate sample submittals for interfacing work. 6.11.2.4 Induce icentification on each sample with full project information. 6.11.2.5 Submit number of samples specifiec in specifications,one of which CONSULTANT shall retain. Reviewed samples may be used in Work,if indicated. 6.11.3 DEVIATIONS:At the time of each submission,the CONTRACTOR shall,in writing,call the CONSULTANT's attention to any deviatio ns that the Shop Drawings or sample may have from the requirements of the Contract Documents. 6.11.4 CONFORMANCE REVIEW:The CONSULTANT shall review within fifteen(15)days or as extended by CITY;Shop Drawings and samples,but their review shall be only for conformance with the design concept of the Project and for compliance with the information given in the Contract Documents.The review of a separate item as such shall not indicate review of the assembly in which the item functions.The CONTRACTOR shall make any corrections required by the CONSULTANT at the CONTRACTOR's expense and shall return the required number of corrected copies of Shop Drawings and resubmit new samples until the review is satisfactory to the CONSULTANT. The CONTRACTOR shall direct specific attention in writing or on resubmitted Shop Drawings to revisions other than the corrections called for by the CONSULTANT on previous submissions. The CONTRACTOR's stamp of approval on any Shop Drawings or sample shall constitute a representation to the CITY and the CONSULTANT that the CONTRACTOR has either determined and verified all cuantities,dimensions,field construction criteria,materials,catalogue numbers and similar data or they assume full responsibility for doing so, and that they have reviewed or coordinated each Shop Drawing or sample with the requirements of the Work anc the Contract Documents. Shop Drawings submitted without the CONTRACTOR's stamp or specific written indication shall be returned without action. Shop Drawings and submittal data shall be reviewed two times,thereafter all further review time shall be charged to the CONTRACTOR. 6.11.5 APPROVAL.No work recuiring a Shop Drawing or sample submission shall be commenced until the submission has been reviewed anc approved by the CONSULTANT. A copy of each Shop Drawing and each approved sample shall be kept in good order by the CONTRACTOR at the site anc shall be available to the CONSULTANT. 6.11.6 SPECIFIC DEVIATIONS. The CONSULTANT's review of Shop Drawings or samples shall not relieve the CONTRACTOR from their responsibility for any ceviations from the requirements of the Contract Documents unless the CONTRACTOR has in writing, Boynton Beach Utilities—Stormwater(CIPP)Lining BB Leisureville&Gateway Blvd GC 34 called the CONSULTANT's attention to such deviation at the time of submission and the CONSULTANT has given written approval to the specific deviation, nor shall any review by the CONSULTANT relieve the CONTRACTOR from responsibility for errors or omission in the Shop Drawings. 6.11.7 Where a Shop Drawing or sample is requirec by the Specifications, any related Work performed prior to CONSULTANT's review and acceptance of the pertinent submission shall be at the sole expense and responsibility of the CONTRACTOR. 6.12 SITE CLEAN UP: 6.12.1 SITE: The CONTRACTOR shall clean up behinc the Work as much as is reasonably possible as the Work progresses. Upon completion of the Work,and before acceptance of and final payment for the Project by the CITY,the CONTRACTOR shall remove all their surplus anc discarded,and excavated materials,and rubbish from the roadways,sidewalks,parking areas,lawns and all adjacent property,shall clean all portion of Work involved in any building under this Contract,so that no further cleaning by the CITY is necessary prior to their occupancy, shall restore all property, both public and private, which has been disturbed or damagec curing the prosecution of the Work,anc shall leave the whole in a neat and presentable condition. 6.12.2 BUILDING CLEAN-UP:Clean-up operations shall consistently be carried on by the CONTRACTOR at all times to keep the premises free from accumulation of waste materials anc rubbish. Upon completion of the Work,they shall remove all rubbish,tools,scaffolding, surplus materials, etc., from the building and shall leave their work"broom clean" or the like, unless specified elsewhere in the Contract. The CONTRACTOR shall do the following special cleaning for all trades upon completion of the Work: 6.12.2.1 Remove putty stains anc paint from and wash and polish all glass.Do not scratch or otherwise damage glass. 6.12.2.2 Remove all marks,stains,fingerprints anc other soil and dirt from painted,stained and decorated work. 6.12.2.3 Remove all temporary protections anc clean and polish floors. 6.12.2.4 Clean and polish all harcware for all trades,this shall include removal of all stains,dust,dirt,paint,etc. 6.12.2.5 General:In case of dispute,the CITY may remove the rubbish and charge the cost to the CONTRACTOR. 6.13 PUBLIC CONVENIENCE AND SAFETY: 6.13.1 Convenience:The CONTRACTOR shall,at all times,conduct the Work in such a manner as to insure the least practicable obstruction to public travel. The convenience of the general public and of the residents along and adjacent to the area of the Work shall be provided for in a satisfactory manner,consistent with the operation and local conditions. 6.13.2 Safety: "Street Closec" signs shall be placec immediately adjacent to the Work, in a conspicuous position, at such locations as traffic cemands. At any time that streets are requirec to be closed,CONTRACTOR shall obtain approval to close the street from the appropriate regulatory agencies having jurisdiction. The CONTRACTOR shall notify law enforcement agencies,fire departments, anc parties operating emergency vehicles before the street is closed and also as soon as area is opened.Approval from the CITY shall be coorcinatec through the Department of Public Works/Engineering, including notification of the news media and affected property owners. Access to fire hydrants anc other fire extinguishing equipment shall be provided and maintained at all times. Traffic paths shall be maintained for local traffic. 6.14 SANITARY PROVISIONS: 6.14.1 The CONTRACTOR shall furnish necessary toilet conveniences,secluded from public observation, for use of all personnel on the Work,whether or not in their employ. They shall be kept in a clean and sanitary condition and shall comply with the requirements anc regulations of the public authorities having jurisdiction. They shall commit no public nuisance. Temporary sanitary facilities shall be removed upon completion of the Work anc the premises shall be left clean. 6.15 INDEMNIFICATION: 6.15.1 CONTRACTOR agrees to protect, cefend, indemnify, and hold harmless the CITY, its employees, representatives, and elected officials from any and all claims and liabilities including all attorney's fees and court costs,including appeals for which the CITY,its employees,representatives, anc electec officials can or may be held liable as a result of injury (including ceath) to persons or carnage to property occurring by reason of any negligence, recklessness, or intentional wrongful misconduct of the CONTRACTOR, its employees, or agents, arising out of or connected with this Agreement. The CONTRACTOR shall not be recuirec to indemnify the CITY or its agents,employees,representatives,or elected officials when an occurrence results solely from the wrongful acts or omissions of the CITY, or its agents, employees or representatives. 6.15.2 The CONTRACTOR,without exemption,shall indemnify and hold harmless,the CITY, its employees, representatives and elected officials from liability of any nature or kind,including cost and expenses for or on account of any copyright,service markec,trademarkec patentec or unpatentec invention,process,or any other intellectual property right or item manufactured by the CONTRACTOR. Further,if such a claim is mace,or is pending,the CONTRACTOR may,at its option or expense, procure for the CITY the right to use,replace,or mocify the item to render it non-infringing. If none of the alternatives are reasonably available, the CITY agrees to return the article on request to the CONTRACTOR and receive reimbursement from the CONTRACTOR for such. If the CONTRACTOR used any design,device or materials covered by letters,patent or copyright,it is mutually agreec anc understooc,without exception,that the Bid prices shall include all royalties or cost arising from the use of such cesign,device or materials in anyway involved in the Work. This article shall survive the termination of any contract with the CITY of Boynton Beach. 6.15.3 The parties agree that Twenty-five Dollars($25.00)of the total compensation paid to the CONTRACTOR for performance of this Agreement 6.15.4 shall represent the specific consiceration for the CONTRACTOR's indemnification of the CITY. Boynton Beach Utilities—Stormwater(CIPP)Lining BB Leisureville&Gateway Blvd GC 35 associatec therewith shall be the responsibility of the CONTRACTOR under this indemnification agreement. 6.15.5 It is the specific intent of the parties hereto that the foregoing indemnification complies with F.S.§725.06(Chapter 725). It is further the specific intent anc agreement of the parties that all of the Contract Documents on this Project are hereby amencec to inclucing the foregoing incemnification anc the"Specific Consideration"therefor. 6.15.6 Nothing containec herein is intendec nor shall be construed to waive the CITY's rights and immunities under the common law or Florica Statutes§768.28,as amencec from time to time. 6.16 CLAIMS: 6.16.1 In any anc all claims against the CITY or the CONSULTANT or any of its agents or employees,by any employee of the CONTRACTOR,any Sub-Contractor,anyone directly or indirectly employed for whose acts may be liable,the indemnification obligation under paragraph 6.15(Incemnification)shall not be limited in any way by any limitation on the amount or type of damages,compensation or benefits payable by or for the CONTRACTOR or anv Sub-Contractor under workers'compensation acts,disability benefit acts or other 6.16.2 Obligation:The obligations of the CONTRACTOR under paragraph 6.13 shall not extend to the liability of the CONSULTANT's negligent acts,errors or omissions or their employees or agents. 6.17 RESPONSIBILITY FOR CONNECTING TO EXISTING WORK: 6.17.1 It shall be the express responsibility of the CONTRACTOR to connect their Work to each part of the existing work or work previously installed as recuirec by the Drawings anc Specifications to provide a complete installation. 6.18 WORK IN STREET,HIGHWAY AND OTHER RIGHTS-OF-WAY: 6.18.1 Excavation,gracing,fill,storm crainage,paving and other construction or installations in rights-of-way of streets,highways,pubic carrier lines, utility lines (either aerial, surface or subsurface) etc. shall be done in accordance with requirements of these Specifications anc authorities having jurisdiction. The CONTRACTOR shall be responsible for obtaining all permits necessary for the Work.Upon completion of the Work,CONTRACTOR shall present to CONSULTANT certificates,in triplicate from the proper authorities stating that the Work has been done in accordance with their requirements. 6.18.2 The CITY shall cooperate with the CONTRACTOR in obtaining action from any utilities or public authorities involved in the above requirements. 6.19 COOPERATION WITH GOVERNMENTAL DEPARTMENTS,PUBLIC UTILITIES,ETC.: 6.19.1 The CONTRACTOR shall be responsible for making all necessary arrangements with governmental departments, public utilities, public carriers,service companies anc corporations owning or controlling roadways, railways,water,sewer,gas,electrical,cable television,telephone, and telegraph facilities such as pavements, tracks, piping, wires, cables, conduits, poles, guys, etc. , inclucing incidental structures connected therewith,that are encountered in the Work in order that such items maybe properly shored, supported and protected,or the CONTRACTOR may relocate them with utility owner's approval. 6.19.2 NOTICES:The CONTRACTOR shall give all proper notices,shall comply with requirements of such parties in the performance of their Work,shall permit entrance of such parties on the Project in order that they may perform their necessary work,and shall pay all charges anc fees mace by such parties for this Work. 6.19.3 GOVERNMENT AGENCY CAUSED DELAYS:The CONTRACTOR's attention is called to the fact that there may be delays on the Project due to work to be cone by governmental departments,public utilities,and others in repairing or moving poles,conduits,etc. The CONTRACTOR shall cooperate with the above parties in every way possible, so that the construction can be completed in the least possible time. 6.19.4 CODES,LAWS,ORDINANCES AND REGULATIONS:The CONTRACTOR shall have made themselves familiar with all codes,laws, ordinances anc regulations which in any manner affect those engaged in the Work,or materials and equipment used in the Work,or in any way affect the conduct of the Work,and no plea of misunderstanding shall be considered on account of their ignorance thereof. 6.20 USE OF PREMISES: 6.20.1 CONTRACTOR shall confine construction equipment,the storage of materials and equipment and the operations of workers to the project site anc Ianc and areas identifies in, anc permitted by the Contract Documents and other land and areas permitted by laws, orcinances,anc regulations, rights-cf-way, permits, easements, and directions of the CITY's Project Manager or Representative, anc shall not reasonably encumber the premises with construction equipment or other materials or equipment. 6.20.2 CONTRACTOR shall assume full responsibility for any carnage to any such land or area,or to the CITY or occupant thereof or of any land or areas contiguous thereto,resulting from the performance of the Work. Should any claim be made against the CITY or CONSULTANT by any such owner or occupant because of the performance of the Work,CONTRACTOR shall promptly attempt to settle with such other party by Contract or otherwise resolve the claim. CONTRACTOR shall to the fullest extent permitted by laws anc regulations,indemnify and hold the CITY harmless from and against all claims,damages,losses and expenses(including,but not Iimitec to fees of engineers, architects, attorneys and other professionals and court costs) arising directly, indirectly or Boynton Beach Utilities—Stormwater(CIPP)Lining BB Leisureville&Gateway Blvd GC 36 consecuentially out of any action,legal or equitable,brought by any such other party against the CITY or CONSULTANT tothe extent based on a claim arising out of CONTRACTOR's performance of the Work. 6.20.3 During the progress of the Work,CONTRACTOR shall keep the premises free from accumulations of waste materials, rubbish and other cebris resulting from the Work. At the completion of the Work,CONTRACTOR shall remove all waste materials,rubbish and debris from and about the premises as well as all tools,appliances,construction equipment and machinery,and surplus materials, arc shall leave the Site clean anc ready for occupancy by the CITY. CONTRACTOR shall restore to original condition all property not designated for alteration by the Contract Documents. 6.20.4 CONTRACTOR shall not overload or permit any part of any structure to be loaded with such weight as shall endanger its safety, nor shall it subject any part of the Work to stresses or pressures that shall endanger it. 6.20.5 CONTRACTOR shall enforce the CITY's Project Manager's instructions in connection with signs,advertisements,fires and smoking. 6.20.6 CONTRACTOR shall arrange and cooperate with CITY in routing the parking of automobiles of its employees, sub-contractors and other personnel,and in routing material delivery trucks and other vehicles to the Project Site. 6.21 PROTECTION OF EXISTING PROPERTY IMPROVEMENTS: 6.21.1 Any existing surface anc subsurface improvements,such as pavements,curbs,sidewalks,pipes or utilities,footings,or structures (including portions thereof),trees anc shrubbery,not indicated on the Drawings or noted in the Specifications as being removed or altered shall be protectec from damage during construction of the Project. Any such improvements damaged during construction of the Project,whether or not such improvements appear on the Drawings,shall be restored to a condition equal or better,to the original state at the time of award of Contract. Such restoration or repair shall be at the sole expense of the CONTRACTOR,and no claim for an increase in the Contract Price under paragraph 6.21 or under Article 10 shall be allowed. 6.22 TEMPORARY HEAT: 6.22.1 The CONTRACTOR shall provide heat, fuel and services as necessary to protect all work and materials, within all habitable areas of permanent building construction against injury from dampness and cold, until final acceptance of all work and materials for the Project,unless building is fully occupiec by the CITY prior to such acceptance. In which case the CITY shall assume all expenses of heating from date of full occupancy. Unless otherwise specifically permitted by Special Conditions,the permanent heating system shall not be used to provice temporary heat.CONTRACTOR's proposec methods of heating shall be submitted for approval. 6.23 SCHEDULE: 6.23.1 CONTRACTOR shall submit to CONSULTANT for review and comment (to the extent indicated in paragraph 2.6 Finalizing Schecule)proposed adjustments in the progress schedule to reflect the impact thereon of new developments,these shall conform generally to the progress schecule then in effect and acditionally shall comply with any provisions of the General Requirements applicable thereto. All approvec changes shall be memorialized as change orders. 6.24 CONTINUING THE WORK: 6.24.1 CONTRACTOR shall carry on the Work anc achere to the progress schedule during all disputes or disagreements with the CITY. No Work shall be delayed or postponed pencing resolution of any disputes or disagreements, except as permitted by Article 15 (Suspension and Termination of Work)or as CONTRACTOR and the CITY may otherwise agree in writing. 6.25 CONTRACTOR'S GENERAL WARRANTY AND GUARANTEE: 6.25.1 CONTRACTOR warrants and guarantees to CITY and CONSULTANT that all work shall be in accordance with the Contract Documents anc shall not be defective.That CONTRACTOR guarantees to repair,replace or otherwise make good to the satisfaction of the CITY any defect in workmanship or material appearing in the Work,and further guarantees the successful performance of the Work for the service intendec. CONTRACTOR's warranty anc guarantee hereuncer excludes defects or damage caused by: 6.25.1.1 Abuse, modification, or improper maintenance or operation by persons other than CONTRACTOR, sub- contractors or suppliers,or 6.25.1.2 Normal wear and tear uncer normal usage 6.25.2 CONTRACTOR's obligation to perform anc complete the Work in accordance with the Contract Documents shall be absolute. None of the following shall constitute an acceptance of Work that is not in accordance with the Contract Documents or a release of CONTRACTOR's obligation to perform the Work in accordance with the Contract Documents: 6.25.2.1 Observations by CONSULTANT. 6.25.2.2 Recommencation of any progress or final payment by CONSULTANT. 6.25.2.3 The issuance of a certificate of Substantial Completion or any payment by CITY or CONTRACTOR under the Contract Documents. 6.25.2.4 Use or occupancy of the Work or any part thereof by CITY. 6.25.2.5 Any acceptance by CITY or any failure to do so,and 6.25.2.6 Any review anc approval of a Shop Drawing or Sample submittal or the issuance of a notice of acceptability by CONSULTANT pursuant to paragraph 14.10. Boynton Beach Utilities—Stormwater(CIPP)Lining BB Leisureville&Gateway Blvd GC 37 6.26 DELETION/OVERSIGHT/MISSTATEMENT: 6.26.1 Any deletion,oversight or misstatement of the Specifications shall not release the Bidder from the responsibility of completing the Project within the agreec upon timeframe. 6.26.2 The cost of incicental work describec in these Contract requirements, for which there are no specific Contract items shall be considered as part of the general cost of doing the Work and shall be included in the prices for the various Contract items. No acditicnal payment will be made therefore. 6.27 EXCEPTIONS TO SPECIFICATIONS. 6.27.1 Any exceptions to the Specifications anc/or drawings must be brought to the attention of the CITY's Procurement Services Division in writing prior to the expiration of the Bid cuestion period. Failure to list any exceptions with the Procurement Services Division in writing prior to the enc of the Bid question period means that the Bidder is complying 100%with the Specifications.All materials may be inspectec by the CITY upon delivery for compliance with said Specifications. Deviations from the Specifications shall be cause for the Bic to be rejected as non-responsive unless the deviation was approved prior to the submittal of bids. 6.27.2 Any deletion,oversight or misstatement of these Specifications shall not release the Bidder from full responsibility for unsatisfactory workmanship anc/or materials,together with all appurtenances necessary for unrestricted operation,as determined by the CITY in its sole discretion. 6.28 SILENCE OF SPECIFICATIONS: 6.28.1 The apparent silence of any Specification as to any cetails,or the omission from the Specifications of a detailed description concerning any point shall be regardec as meaning that only the best commercial practices are to prevail and that materials of the first quality and correct type,size and cesign are to be usec. All workmanship is to be of first quality. 6.28.2 Work not specified in the Specifications,but involved in carrying out their intent or in the complete and proper execution of the Work, is required and shall be performec by the CONTRACTOR as though it were specifically delineated or described. 6.29 QUALITY: 6.29.1 Items delivered as a result of awarc from this Bid shall be free of defects. Any item(s)not meeting this specification shall be replaced by the awardec Bicder/CONTRACTOR at no acditional charge to the CITY. 6.30 CONDITIONS OF MATERIALS: 6.30.1 All materials anc products suppliec by the CONTRACTOR in conjunction with this Bid shall be new,warranted for merchantability,fit for a particular purpose, free from cefects anc consistent with industry standards. The products shall be delivered to the CITY in excellent condition. In the event that any of the products supplied to the CITY are found to be defective or do not conform to the Specifications,the CITY reserves the right to return the product to the Bidder at no cost to the CITY. 6.30.2 The successful CONTRACTOR shall furnish all guarantees and warranties to the CITY's Project Manager or designee prior to final acceptance and payment. The warranty period shall commence upon final acceptance of the product. 6.31 DISPOSAL: 6.31.1 Before the CONTRACTOR disposes of any existing improvements or equipment which is to be removed as a portion of the Work, anc for which disposition is not specifically providec for elsewhere in these Specifications,it shall contact the CITY to determine if the removal items are to be salvagec. Items to be salvaged by the CITY shall be neatly stockpiled or stored in a neat and acceptable manner at the construction site easily accessible to the CITY. Equipment and materials that shall not be salvaged by the CITY shall become the property of the CONTRACTOR to be removed from the Site and disposed in an acceptable manner, pursuant to local,state anc federal laws and regulations. 6.32 OCCUPATIONAL HEALTH AND SAFETY: 6.32.1 If the CONTRACTOR,celivers any toxic substance items as defined in the Code of Federal Regulations Chapter 29,it shall furnish to the CITY's Procurement Services Division, a Material Safety Data Sheet (MSDS). The Material Safety Data Sheet shall be provicec to the CITY with initial shipment and shall be revised on a timely basis as appropriate. The MSDS must include the following information: 6.32.1.1 The chemical name anc the common name of the toxic substance. 6.32.1.2 The hazares or other risks in the use of the toxic substance to include. 6.32.1.2.1 The potential for fire,explosion,corrosion and reactivity. 6.32.1.2.2 The known acute and chronic health effects of risks from exposure, including the medical conditions which are generally recognized as being aggravated by exposure to the toxic substance,and 6.32.1.2.3 The primary routes of entry and symptoms of overexposure. 6.32.1.3 The proper precautions, handling practices, necessary personal protective equipment,and other safety precautions in the use of or exposure to the toxic substances including appropriate emergency treatment in case of overexposure. 6.32.1.4 The emergency procedure for spills,fire,disposal and first aid. Boynton Beach Utilities—Stormwater(CIPP)Lining BB Leisureville&Gateway Blvd GC 38 6.32.1.5 A description in lay terms of the known specific potential health risks posed by the toxic substance intended to alert any person reading this information. 6.32.1.6 The year and month,if available,that the information was compiled and the name,address and emergency telephone number of the manufacturer responsible for preparing the information. Any questions regarding this requirement should be directec to:Department of Labor anc Employment Security, Bureau of Industrial Safety and Health,Toxic Waste Information Center,2551 Executive Center Circle West,Tallahassee,FL.32301-5014,Telephone:1-800-367-4378. 6.33 OCCUPATIONAL,SAFETY AND HEALTH ASSOCIATION(OSHA) 6.33.1 The CONTRACTOR warrants that the product/services supplied to the CITY shall conform in all respects to the standards set forth in the Occupational Safety anc Health Act 1970,as amended, and the failure to comply with this condition shall be considered as a breach of Contract. 6.34 CONDITIONS AND PACKAGING: 6.34.1 CONTRACTOR understands and agrees that any item offered or shipped pursuant to this Bid shall be new(current production model at the time of the Bid). All containers shall be suitable for storage or shipment,and all prices shall include standard commercial packaging. 6.35 UNDERWRITERS'LABORATORIES(UL): 6.35.1 Unless otherwise stipulated in the Bid,all manufactured items and fabricated assemblies shall be UL listed or re-examination tested where such item has been establishec by UL for the items offered and furnished. 6.36 ASBESTOS: 6.36.1 CONTRACTOR shall not use any asbestos or asbestos-based fiber materials in the Work performed under this Contract. 6.36.2 If the CONTRACTOR during the course of the Work observes the existence of asbestos in any structure, building or facility, the CONTRACTOR shall promptly notify the CITY and the CONSULTANT. The CONTRACTOR shall not perform any Work pertinent to the asbestos material prior to receipt of written notice with special instructions from the CITY through the CONSULTANT. 6.37 CLOSE-OUT SUBMITTALS 6.37.1 SCOPE OF WORK: 6.37.1.1 Close-out procedures 6.37.1.2 Final cleaning 6.37.1.3 Adjusting 6.37.1.4 Project record documents 6.37.1.5 As-built survey 6.37.1.6 Operation and maintenance data 6.37.1.7 Spare parts and maintenance products 6.37.1.8 Warranties and boncs 6.37.1.9 Maintenance service 6.37.2 CLOSE-OUT PROCEDURES 6.37.2.1 The CONTRACTOR shall submit written certification to the CITY and CONSULTANT that the Contract Documents were reviewec, Work inspectec anc that Work is complete in accordance with Contract Documents and ready for CITY's Project Manager anc CONSULTANT's review. 6.37.2.2 The CONTRACTOR shall provide submittals to CONSULTANT and CITY's Project Manager that are required by local, state anc federal authorities. 6.37.2.3 The CONTRACTOR shall submit final application for payment to CONSULTANT and CITY's Project Manager identifying total acjusted contract sum,previous payments and sum remaining due. 6.37.2.4 CITY may opt to occupy portions of completed facilities upon Substantial Completion of those portions of Work. 6.37.3 FINAL CLEANING 6.37.3.1 The CONTRACTOR shall execute final cleaning prior to final project assessment. 6.37.3.2 The CONTRACTOR shall clean interior and exterior glass and surfaces exposed to view, remove temporary labels, stains anc foreign substances,wax,clean and polish transparent and glossy surfaces,vacuum carpet and soft surfaces. 6.37.3.3 The CONTRACTOR shall clean equipment and fixtures to sanitary condition with cleaning materials per manufacturer's written recommendations. 6.37.3.4 The CONTRACTOR shall replace filters of operating equipment 6.37.3.5 The CONTRACTOR shall clean debris from roofs,gutters,downspouts and drainage systems. Boynton Beach Utilities—Stormwater(CIPP)Lining BB Leisureville&Gateway Blvd GC 39 6.37.3.6 Clean Site,The CONTRACTOR shall sweep paved areas,rake clean landscaped surfaces. 6.37.3.7 The CONTRACTOR shall remove waste and surplus materials,rubbish,and construction facilities from Site. 6.37.3.8 The CONTRACTOR shall clean and sanitize water fountains(coolers). 6.37.3.9 The CONTRACTOR shall clean ledges, countertops, and shelves with all-purpose and non-abrasive cleaners leaving no resicue. 6.37.4 ADJUSTING 6.37.4.1 The CONTRACTOR shall adjust operating products and equipment to ensure smooth and unhindered operations. 6.37.5 PROJECT RECORD DOCUMENTS 6.37.5.1 CONTRACTOR shall maintain in accordance with the Special Conditions in a safe place at the Site,one(1) record copy of all Drawings, Specifications, Adcenda, Change Orders, Field Change Directives and written interpretations and clarifications (issued pursuant to para. 9.4) in good order and annotated to show all changes made during construction. The recorc documents together will all approved samples and counterpart of all approved Shop Drawings will be available to the CONSULTANT for reference at all times. Upon completion of the Work,these record documents, samples,and Shop Drawings will be delivered to CONSULTANT for the CITY. 6.37.6 OPERATION AND MAINTENANCE DATA: 6.37.6.1 The CONTRACTOR shall submit documentation as noted in individual product specifications and as noted herein. 6.37.7 SPARE PARTS AND MAINTENANCE PRODUCTS: 6.37.7.1 The CONTRACTOR shall provide spare parts, maintenance and extra products in quantities specified in the Specifications to the CITY and obtain receipt prior to final payment. 6.37.8 WARRANTIES: 6.37.8.1 The CONTRACTOR shall submit documentation as noted in individual product specifications and as noted herein and Provice cuplicate notarized copies to the CITY. 6.37.8.2 The CONTRACTOR shall execute anc assemble transferrable warranty documents from sub-contractors,suppliers and manufacturers. 6.37.8.3 The CONTRACTOR shall provide such warranty documents with a Table of Contents and assemble in D-size, 3-ring white binders with typed title sheet of contents inside durable plastic front cover. 6.37.8.4 The CONTRACTOR shall submit above-referenced warranties to the CITY prior to Final Application for Payment. 6.37.9 MAINTENANCE SERVICE. 6.37.9.1 The CONTRACTOR shall furnish service and maintenance of components indicated in specification sections for one- year from date of Substantial Completion. 6.37.9.2 The CONTRACTOR shall examine,clean,adjust,and lubricate system components as required for reliable operation. 6.37.9.3 The CONTRACTOR shall include systematic examination, adjustment, and lubrication of components repairing or replacing parts as recuired with parts produced by the manufacturer of the original component. 6.37.9.4 CITY shall approve in writing transfers or reassignments of maintenance service tasks. 6.37.10 ASBESTOS CERTIFICATION: 6.37.10.1 The CONTRACTOR shall provide a notarized letter to CITY certifying that no asbestos containing building materials were used as a building material in the Project,pursuant to Florida Statutes§255.40. 6.37.11 PRODUCTS: 6.37.11.1 APPROVED PRODUCTS: The CONTRACTOR shall use only cleaning and maintenance products approved for use pursuant to local,state and federal laws anc regulations. 6.38 TEMPORARY BARRIERS AND ENCLOSURES. 6.38.1 SCOPE OF WORK. 6.38.1.1 The CONTRACTOR shall provide temporary barriers and enclosures to provide construction work areas separate from Owner's on-going business operations. 6.38.1.2 The CONTRACTOR shall protect new work, existing facilities and grounds from damage, theft, vandalism, and unauthorized entry. Boynton Beach Utilities—Stormwater(CIPP)Lining BB Leisureville&Gateway Blvd GC 40 6.38.1.3 The CONTRACTOR shall provice a chain link fencing surrounding and separating areas under construction,including areas for CONTRACTOR's mobilization and parking separate from existing CITY facilities and on-going business activities. 6.38.1.4 The CONTRACTOR shall provide cemising walls and other barriers as required to separate building area under construction that permits safe and unobstructed exiting of partially Owner occupied buildings. 6.38.1.5 The CONTRACTOR shall provide safety of construction workers and CITY staff and visitors located in areas of CITY's facilities not under renovation or construction. 6.38.1.6 The CONTRACTOR shall control cust,erosion and sediment,noise,pollution,rodent and environmental control. 6.38.2 ENTRY CONTROL: 6.38.2.1 The CONTRACOR shall restrict entrance of persons and vehicles onto Project site and existing facilities in accordance with Special Conditions—01540 and 01541 Security Procedures. 6.38.2.2 Prior to Project commencement,CONTRACTOR's on-site personnel shall meet with CITY's Project Manager to delineate areas for CONTRACTOR's operations to include storage,office trailers,parking,and lay-down areas. 6.38.2.3 Interruption of pre-approved entry controls shall be coordinated with the CITY's Project Manager prior to proposed interruption. 6.38.2.4 The CONTRACTOR shall allow entrance only to the Project site to authorized persons with proper identification. 6.38.2.5 CONTRACTOR/CM shall post"No Trespassing"and"Hard Hat Area"signs along Project perimeter and at construction access points. "No Trespassing"sign shall include statutory language that area is construction site and that trespassing anc theft are felonies anc violators will be prosecuted. "No Trespassing"sign shall include name of CONTRACTOR/CM. "No Trespassing"signs shall not be larger than 24"(600mm)by 24"(600mm). "Hard Hat Area"sign shall not be larger than 12"(300mm)by 12"(600mm). 6.38.3 DEMISING WALLS: 6.38.3.1 Where the location of construction is contiguous to or within existing CITY premises,the CONTRACTOR shall provide demising walls to physically separate new or renovation work from existing on-going CITY operations. 6.38.3.2 Demising walls shall be contiguous plywocc with vapor barrier and wood framing to prevent unauthorized entrance, dust or cebris from entering occupiec portion of the area. 6.38.3.4 Where construction is overheac, the CONTRACTOR shall provide safe and secure method of access through or acjacent to work with system of scaffolding,plywood or wood planking overhead to prevent falling debris or materials from interrupting safe passage through construction area. 6.38.4 TEMPORARY FENCING: 6.38.4.1 Areas under construction inclucing areas for CONTRACTOR's mobilization and parking shall be separated from CITY facilities to allow for ongoing activities. 6.38.4.2 The CONTRACTOR shall provice chain link fencing along construction zone boundaries. 6.38.4.3 CONTRACTOR shall submit a detailed temporary fencing plan to the CITY and CONSULTANT for review and approval. The plan shall comply with all applicable regulatory code requirements including the latest edition of the Florida Building Code. 6.38.4..4 The CONTRACTOR shall provide access gates required by code for CITY's and CONTRACTOR's access to occupied portion of project site anc for construction access. 6.39 ENVIRONMENTAL CONTROLS:The CONTRACTOR shall: 6.39.1 Protect existing building and adjacent property from dust produced by construction operations. Use encapsulating or wetting devices to control moisture content of traffic and construction areas. 6.39.2 Control surface drainage to prevent off-site discharge or pollutants and prevent erosion and sedimentation. 6.39.3 Provice berms,dikes or crains to civert water flow away from existing structures into storm water retention areas. 6.39.4 Provice methods necessary to prevent muc anc debris from entering storm water system. Boynton Beach Utilities—Stormwater(CIPP)Lining BB Leisureville&Gateway Blvd GC 41 6.39.5 Provice methods necessary to prevent excessive noise on Site.CONTRACTOR shall comply with OSHA and CITY's noise requirements. 6.39.6 Provice methods necessary to prevent pests and insects from damaging the Work. 6.39.7 Provice methods necessary to prevent contamination of soil, water, and atmosphere from discharge of noxious, toxic substances or pollutants from construction operations. 6.39.8 SUBMITTALS: 6.39.8.1 Comply with Section 2.10"Submittal Procedures." 6.39.8.2 Submit site plan and floor plans indicating locations and material construction of proposed protective structures. 6.39.9 TEMPORARY FENCING: 6.39.9.1 Provice a six(6)foot high,minimum ten(10)gage minimum or galvanized steel fabric. 6.39.9.2 Fencing shall have six(6)foot high visual fabric cover to block visual access to construction activities. 6.39.9.3 Provice 5/8"C/D plywocc sheets,pressure treated or other means of weather protection,with 2 x 4 wood framing at ecges anc 24"maximum vertical spacing. 6.39.10 TEMPORARY WALLS: 6.39.10.1 Provice demising Wall:5/8"C/D plywooc sheets,2 x 4 wood framing at 24"maximum spacing,and 10 mil black polyethylene vapor barrier covering with sealed joints. 6.39.10.2 Provice overhead Protection:Metal scaffolding with'/"B/C plywood or 2"x 12"wood planking. 6.39.11 EXECUTION/INSTALLATION AND REMOVAL. 6.39.11.1 Install temporary fencing prior to start of vertical construction and removed upon completion of work. 6.39.11.2 Install demising walls prior to start of renovations or building additions and removed work. 6.39.11.3 Protect or remove walls during storm events where winds are anticipated over seventy-four(74)miles per hour. 6.40 SECURITY PROCEDURES: 6.40.1 The CONTRACTOR shall protect new work,existing facilities and grounds from damage,theft,vandalism,and unauthorized entry. 6.40.2 The CONTRACTOR shall initiate security program in coordination with Owner's existing security system at time of Project, mobilizing to ensure safety of employees or persons at the unaffected areas. 6.40.3 The CONTRACTOR shall maintain a security program throughout construction period until Owner's Project acceptance. 6.40.4 PERSONNEL IDENTIFICATION: 6.40.4.1 CONTRACTOR/CM on-site staff,sub-contractors and vendors on Site shall wear identification badges at all times. 6.40.4.2 Icentification badges shall be current at time of Project and shall be re-verified and re-issued annually if Project extends past original badge expiration date. 6.40.5 SUBMITTALS: 6.40.5.1 The CONTRACTOR shall comply with Section 2.10"Submittal Procedures". 6.40.5.2 The CONTRACTOR shall provice a list of personnel proposed to be utilized. 6.40.5.3 The CONTRACTOR shall submit a list of personnel proposed to be substituted for persons already identified to be utilizec on the Project. 6.40.5.4 The CONTRACTOR shall provice a security plan to CITY indicating how construction site is to be secured to include normal anc emergency egress and ingress. 6.41 PRODUCT SUBSTITUTION PROCEDURES 6.41.1 The CONTRACTOR shall follow the acministrative anc procedural requirements listed below in Section 6.41.2 for consideration of recuest for substitution during the cesign anc construction phases. Boynton Beach Utilities—Stormwater(CIPP)Lining BB Leisureville&Gateway Blvd GC 42 6.41.2 CONTRACTOR'S SUBMITTAL PROCEDURES. 6.41.2.1 Transmit each substitution request on company letterhead. 6.41.2.2 During bidding phase,substitution requests shall be directed to the CITY's Procurement Services Division. 6.41.2.3 During the construction phase,substitution requests shall be directed to the CONSULTANT. 6.41.2.4 Substitution requests shall icentify Project, CONTRACTOR/CM and CONSULTANT during the bidding phase plus Sub- Contractor or supplier during construction phase, indicating Specification Section and Paragraph Number of specifiec material anc pertinent crawing and detail numbers,as appropriate. Include complete information as required in the Substitution Form.Incomplete information will result in automatic rejection of the substitution request. 6.41.2.5 Apply CONTRACTOR's stamp,signec or initialed certifying that review,approval,verification of products required,field dimensions,acjacent construction work,anc coordination of information are in accordance with the requirements of the Work anc Contract Documents. 6.41.2.6 Schecule submittals to expedite the Project, and deliver to CONSULTANT or CONTRACTOR/CM at business acdress.Coordinate submission of related items. 6.41.2.7 For each submittal for review, allow fifteen (15) working days including delivery time to and from the CONSULTANT or CONTRACTOR/CM. 6.41.2.8 Icentify variations from Contract Documents and product or system limitations,which may be detrimental to successful performance of the completed work. 6.41.2.9 Provice space for CONTRACTOR/CM and CONSULTANT review stamps. 6.41.2.10 When revisec for resubmission,identify all changes made since previous submission. 6.41.2.11 Distribute copies of review submittals as appropriate. Instruct parties to promptly report any inability to comply with requirements. 6.41.2.12 Submittals not recuestec will not be recognized or processed. 6.41.3 SUBSTITUTION REQUESTS Recuests for substitutions shall be made no later than ten(10)calendar days prior to Bid date. Requests received afterwards may not be consicerec. 6.41.4 SCOPE OF WORK: The CONTRACTOR shall follow the acministrative and procedural requirements set forth in Section 6.41.5 to assure quality of construction before anc curing construction. Section 6.41.5 states the CONTRACTOR's general requirements for mockups and field samples,constructed,applied or assembled at the Site for review for use as a cuality standarc. 6.41.5 COORDINATION AND PROJECT CONDITIONS 6.41.5.1 Coordinate scheduling, submittals, and work to ensure efficient and orderly sequence of installation of intercepencent construction elements,with provisions for accommodating items installed later. 6.41.5.2 Verify utility requirements and characteristics of operating equipment are compatible with building utilities. 6.41.5.3 Coordinate work of various sections having interdependent responsibilities for installing,connecting to,and placing in service,such ecuipment. 6.41.5.4 Coordinate space requirements,supports and installation of mechanical and electrical work that is indicated diagrammatically on Drawings. 6.41.5.5 Follow routing shown for pipes,ducts anc conduits as closely as practicable,place runs parallel with line of building. Utilize spaces efficiently to maximize accessibility for other installations for maintenance,and for repairs. 6.41.5.6 Within finishec areas, except as otherwise indicated; conceal pipes, ducts, and wiring within the construction. Coordinate locations of fixtures anc outlets with finish elements. 6.41.5.7 Coordinate completion anc clean up work of separate sections in preparation for Substantial Completion and for portions of work designated for CITY's partial occupancy. Boynton Beach Utilities—Stormwater(CIPP)Lining BB Leisureville&Gateway Blvd GC 43 6.41.5.8 After CITY occupancy of premises,coordinate access to Site for correction of defective work and work not in accorcance with the Contract Documents,to minimize disruption of CITY's activities. 6.41.5.9 Change orders for extra work required by CONTRACTOR/CM due to poor coordination with sub trades will not be consicerec by the CITY. 6.42 FIELD ENGINEERING CONTRACTOR shall employ Lanc Surveyor registered in State of Florida approved by CITY. 6.42.1 CONTRACTOR shall locate and protect survey control and reference points. 6.42.2 CONTRACTOR shall control datum for survey establishec by CITY provided survey. 6.42.3 CONTRACTOR shall verify setbacks anc easements,confirm drawing dimensions and elevations. 6.42.4 CONTRACTOR shall provide fielc engineering services and establish elevations, lines and levels,utilizing recognized engineering survey practices. 6.42.5 CONTRACTOR shall submit copy of site drawing anc certificate signed by the Land Surveyor that the elevations and locations of the Work are in conformance with the Contract Documents. ARTICLE 7—OTHER WORK 7.1 RELATED WORK AT SITE: 7.1.1 The CITY may perform other work related to the Project at the Site pursuant to other direct contracts therefor which shall contain General Conditions similar to these. If the fact that such other work is to be performed was not noted in the Contract Documents, written notice thereof shall be given to CONTRACTOR prior to starting any such Other Work,and if CONTRACTOR believes that such performance shall involve additional time anc the parties are unable to agree as to the extent thereof,CONTRACTOR may make a claim therefore as provided in Article 11 (Change in Contract Price) and Article 12 (Changes in Contract Time). If the performance of additional work by other contractor or the CITY is noted in the Contract Documents,no additional adjustment of time or compensation shall be considerec. 7.1.2 CONTRACTOR shall afford the CITY and other contractors who are party to such a direct contract(or the CITY, if the CITY is performing the acditional work with the CITY's employees)proper and safe access to the Site and a reasonable opportunity for the introduction and storage of materials anc equipment anc the execution of such work,and shall properly connect and coordinate the work with the CONTRACTOR's. CONTRACTOR shall co all cutting,fitting and patching of the Work that may be required to make its several parts come together properly anc integrate with such other work. CONTRACTOR shall not endanger any work of other contractors by cutting,excavating or otherwise altering other contractor's work and shall only cut or alter other contractor's work with the written consent of the CITY anc CONSULTANT and the other contractors whose work shall be affected. The duties anc responsibilities of CONTRACTOR under this paragraph are for the benefit of the CITY anc other contractors to the extent that there are comparable provisions for the benefit of CONTRACTOR in such direct contracts between the CITY and other contractors. 7.1.3 If any part of CONTRACTOR's work depends for proper execution for results upon the work of any such other contractor,other than CONTRACTOR's own SubContractor,CONTRACTOR shall inspect and promptly report to CONSULTANT in writing,any delays, defects or deficiencies in such other contractor's work that render it unavailable or unsuitable for such proper execution anc results of CONTRACTOR's work. CONTRACTOR's failure to report shall constitute an acceptance of the other contractor's work as fit anc proper for integration with CONTRACTOR's work except for latent defects and deficiencies in the other contractor's work. 7.2 COORDINATION: 7.2.1 If the CITY contracts with others for the performance of other work on the Project at the Site,the person or organization who shall have authority anc responsibility for coordination of the activities among the various prime contractors shall be identified in the Special Conditions and the specific matters to be covered by such authority and responsibility shall be itemized,and the extent of such authority and responsibilities shall be proviced in the Special Conditions. Unless otherwise provided in the Special Conditions, neither the CITY nor the CONSULTANT shall have any authority or responsibility in respect of such coordination. ARTICLE 8—THE CITY'S RESPONSIBILITIES 8.1 COMMUNICATIONS TO CONTRACTOR: 8.1.1 CITY shall issue all communications to CONTRACTOR,and provide a copy to CONSULTANT. 8.2 FURNISH DATA: Boynton Beach Utilities—Stormwater(CIPP)Lining BB Leisureville&Gateway Blvd GC 44 8.2.1 CITY shall promptly furnish the data required of the CITY under the Contract Documents. 8.3 PAYMENTS: 8.3.1 CITY shall make payments to CONTRACTOR promptly when they are due as provided in Section 14.5(Review of Application for Progress Payment)and Section 14.10(Final Payment and Acceptance)of the General Conditions. 8.4 LANDS,EASEMENTS:REPORTS AND TESTS: 8.4.1 The CITY's cuties in respect to provicing lands anc easements and providing engineering surveys, if available and to establish reference points are set forth in paragraphs 4.11 (Availability of Land)and 4.5.1 (Reference Points)of the General Conditions. 8.4.2 The CITY shall identify anc make available to CONTRACTOR copies of reports of physical conditions at the Site and Drawings of existing structures that have been utilized in preparing the Contract Documents as set forth in Paragraph 4.2(Report of Physical Concitions). 8.5 CHANGE ORDERS: 8.5.1 The CITY shall execute Change Orders as provided in Article 10(Changes in the Work)of the General Conditions. 8.6 SUSPENSION OF WORK: 8.6.1 The CITY's may stop Work, suspenc Work or terminate the services of CONTRACTOR pursuant to Paragraph 13.5 (CITY May Stop Work),Paragraph 15.1 (CITY May Suspend Work).Paragraph 15.2(CITY May Terminate for Cause)and Paragraph 15.3 (CITY May Terminate Without Cause). 8.7 ESTIMATED DOLLAR VALUE: 8.7.1 No guarantee of the dollar amount of this Bid is implied or given. Final amount will be based on actual usage/quantities. 8.8 QUANTITIES: 8.8.1 Quantities shown are estimates only. No guarantee or warranty is given or implied by the CITY as to the total amount that may or may not be purchasec from any resulting contract. The CITY reserves the right to decrease or increase quantities or add or delete any item from the contract if it is determined that it best serves the interests of the CITY. Orders shall be placed as needed by indivicual locations during the contract period. The CONTRACTOR agrees that the price(s)offered shall be maintained irrespective of the quantity actually purchasec. 8.9 ADDITIONAL TERMS AND CONDITIONS: 8.9.1 No additional terms anc concitions includec with the Bid response shall be evaluated or considered, have any force or effect, anc are inapplicable to this Bid. It is understood and agreed that the conditions in these Bid Documents are the only conditions applicable to this Bid anc the CONTRACTOR's authorized signature on the Bid Form attests to this. ARTICLE 9—CONSULTANT'S STATUS DURING CONSTRUCTION: 9.1 CITY'S REPRESENTATIVE: 9.1.1 The CONSULTANT(if specifically designated),or a specifically designated employee of the CITY,shall act as the CITY's Representative during the construction pericc. . 9.1.2 The CONSULTANT's or CITY's Representative's decision with the consent of the CITY's Project Manager in matters relating to ae sthetics shall be final,if pursuant to the terms of the Contract Documents. 9.1.3 CONSULTANT or CITY's Representative shall work with the CITY to: 9.1.3.1 Establish on-site lines of authority anc communications,and 9.1.3.2 Schecule and conduct pre-construction meeting and progress meetings. 9.1.4 CONSULTANT or CITY's Representative shall also work with the CITY to establish procedures for: 9.1.4.1 Submittals 9.1.4.2 Reports and Records 9.1.4.3 Recommendations 9.1.4.4 Coordination ofcrawings 9.1.4.5 Schecules 9.1.4.6 Resolution of conflicts 9.1.5 CONSULTANT shall also: 9.1.5.1 Interpret Contract specifications and Drawings 9.1.5.2 Transmit written interpretations to CONTRACTOR,and to other concerned parties, 9.1.5.3 Assist in obtaining permits anc approvals Boynton Beach Utilities—Stormwater(CIPP)Lining BB Leisureville&Gateway Blvd GC 45 9.1.5.4 Verify that CONTRACTOR and SubContractors have obtained inspections for Work and for temporary facilities,and 9.1.5.5 Assist CITY to control the use of Site. 9.2 VISITS TO SITE: 9.2.1 After written Notice to Proceed with the Work,the CONSULTANT shall make visits to the Site at intervals appropriate to the various stages of construction or as per CONSULTANT's contract with CITY to observe the progress and quality of the executed Work and to determine in general, if the Work is proceeding in accordance with the Contract Documents. On the basis of its on-site observations,as an experiencec and qualified design professional, CONSULTANT shall keep the CITY informed of the progress of the Work and enceavor to guarc the CITY against defects and deficiencies in the Work of the CONTRACTOR. 9.3 PROJECT REPRESENTATION: 9.3.1 The CITY of Boynton Beach or its authorizec agents,inspectors or representatives shall act within the scope of duties entrusted to them by the CITY. 9.4 CLARIFICATIONS AND INTERPRETATIONS: 9.4.1 The CONSULTANT or CITY's Representative shall issue with reasonable promptness such written clarifications or interpretations of the recuirements of the Contract Documents(in the form of Drawings or otherwise)as the CITY may determine necessary,which shall be consistent with the Contract Documents. If CONTRACTOR believes that a written clarification of interpretation justifies an increase in the Contract Price or an extension of the Contract Time and the parties are unable to agree to the amount or extent thereof,CONTRACTOR may make a claim therefore as provided in Article 11 (Change in Contract Price)and Article 12(Change in Contract Time)of the General Conditions. 9.5 MEASUREMENTS: 9.5.1 MEASUREMENTS: All Work completec under the Contract shall be measured by the CONSULTANT's or CITY's Representative or Project Representative according to the United States Standard Measures. All linear surface measurements shall be made horizontally or vertically as recuirec by the item measured. 9.6 REJECTING DEFECTIVE WORK: 9.6.1 The CONSULTANT,CITY's Representative or Project Representative shall have authority to disapprove or reject Work which is"defective"(which term is hereinafter usec to describe Work that is unsatisfactory,faulty or defective,or does not conform to the requirements of the Contract Documents or coes not meet the requirements of any inspection,test or approval referred to in the Contract Documents,or has been damagec prior to final inspection). The CONSULTANT,CITY's Representative or Project Representative shall also have authority to require special inspection or testing of the Work as may be individually or severally deemed necessary,whether or not the Work is fabricated,installed or completed. 9.7 SHOP DRAWINGS,CHANGE ORDERS AND PAYMENTS: 9.7.1 The CONSULTANT's responsibility for Shop Drawings and samples shall be pursuant to Sections 6.11 (Shop Drawings and Samples)of the General Conditions. 9.7.2 The CONSULTANT's responsibilities as to Change Orders shall be pursuant to Article 10, (Changes in Work), Article 11 (Change in Contract Price)and Article 12(Change in Contract Time)of the General Conditions. 9.7.3 The CONSULTANT's responsibilities in respect to Applications for Payment,etc.shall be pursuant to Article 14(Payment to Contractor and Completion)of the General Conditions. 9.8 DETERMINATIONS FOR UNIT PRICES: 9.8.1 The CITY's Project Manager and CONSULTANT shall determine the actual quantities and classifications of Unit Price Work performed by CONTRACTOR. The CITY's Project Manager and CONSULTANT shall review with CONTRACTOR, CONSULTANT's preliminary determinations on such matters before rendering a written decision by recommendation of an Application for Payment or otherwise. The CITY's Project Manager's written decisions shall be final and binding upon the CITY and CONTRACTOR unless,within ten(10)days after the date of any such decision,the CONTRACTOR delivers to the CITY and to CONSULTANT written notice of intention to appeal from such a decision. 9.9 DECISIONS ON DISPUTES: 9.9.1 The CITY's Project Manager with the input of the CONSULTANT shall be the initial interpreter of the requirements of the Contract Documents anc evaluator of the acceptability of the Work under the Contract. Claims, disputes and other matters relating to the acceptability of the Work or the interpretation of the requirements of the Contract Documents pertaining to the performance and furnishing of the Work and claims under Articles 11 (Change in Contract Price)and Article 12(Change in Contract Time)in respect to changes in the Contract Price or Contract Time shall be referred initially to CONSULTANT with the consent of the CITY's Project Manager,the CONSULTANT shall render a decision on the claim or disputed matter in writing within a reasonable time.Written notice of each such claim, dispute and other matter shall be delivered by the claimant to the CITY's Project Manager and CONSULTANT and the other party(ies)to the Contract promptly(but in no event later than ten(10)days) Boynton Beach Utilities—Stormwater(CIPP)Lining BB Leisureville&Gateway Blvd GC 46 after the start of the occurrence or event giving rise thereto,and written supporting data shall be submitted to the CITY's Project Manager and CONSULTANT within ten(10)days after such occurrence,unless CONSULTANT with the consent of the CITY's Project Manager allows an acditional period of time to ascertain more accurate data in support of such claim,dispute or other matter. 9.9.2 The CITY's Project Manager and CONSULTANT shall submit any response to the claimant within ten (10) days after receipt of the claimant's last submittal(unless the CITY's Project Manager and CONSULTANT allow additional time).CONSULTANT with the consent of the CITY's Project Manager shall rencer a formal decision in writing by thirty(30)days after receipt of the opposing party's submittal,if any,in accorcance with this paragraph. The CITY's Project Manager's written decision,on such claim,dispute, or other matter shall be final and binding upon CONTRACTOR unless: i) an appeal from CITY/CONSULTANT's decision is taken within the time limits and in accordance with the procedures set forth pursuant to Article 16(Dispute Resolution),or ii) a written notice of intention to appeal from the CITY's Project Manager and CONSULTANT's written decision is deliverec by CONTRACTOR to the CITY's Project Manager and CONSULTANT within ten (10)days after the date of such decision and a formal proceeding is instituted by the appealing party in forum of competent jurisdiction to exercise such rights or remecies as the appealing party may have with respect to such claim,dispute or other matter in accordance with applicable laws anc regulations within thirty(30)days of the date of such decision,unless otherwise agreed in writing by CITY and CONTRACTOR. 9.9.3 The rendering of a cecision by the CITY's Project Manager pursuant to Paragraphs 9.8.1, (Determinations of Unit Prices),9.9.1 anc 9.9.2(Dispute Resolution)with respect to any such claim,dispute or other matter(except any which have been waived by the making or acceptance of final payment as provided in Paragraph 14.11 (Waiver of Claims)shall be a condition precedent to any exercise by CONTRACTOR of such rights or remecies as either may otherwise have under the Contract Documents or by laws or regulations in respect of any such claim,dispute or other matter pursuant to Article 16. 9.10 INSPECTION AND TESTING: 9.10.1 CONSULTANT shall inspect Work to assure performance pursuant to the requirements of Contract Documents as follows: 9.10.1.1 Acminister special testing and inspections of suspect Work. 9.10.1.2 Reject Work which does not comply with requirements of Contract Documents. 9.10.2 Coordinate Testing Laboratory Services: 9.10.2.1 Verify that required laboratory personnel and present. 9.10.2.2 Verify that tests are made in accordance with specified standards. 9.10.2.3 Review test reports for compliance with specified criteria. 9.10.2.4 Recommend anc acminister any requirec re-testing. 9.11 LIMITATIONS ON CONSULTANT: 9.11.1 Neither CONSULTANT's authority to act under this Article 9 or elsewhere in the Contract Documents nor any decision made by CONSULTANT either to exercise or not exercise such authority shall give rise to any duty or responsibility of CONSULTANT to CONTRACTOR,any SubContractor,any Supplier or any other person or organization performing any of the Work,or to any surety. 9.11.2 Whenever in the Contract Documents the term"as ordered","as directed","as required","as allowed","as approved",or terms of like effect or import are used,or the acjectives"reasonable","suitable","acceptable","proper",or"satisfactory",or adjectives of the like effect or import are usec to describe a requirement,direction,review or judgment of the CONSULTANT as to the Work, it is intenced that such requirement,direction,review or jucgment shall be solely to evaluate the Work for compliance with the Contract Documents(unless there is a specific statement indicating otherwise). The use of any such term or adjective shall not be effective to assign to CONSULTANT any cuty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of Paragraphs 9.11.3 or 9.11.4 of the General Conditions. 9.11.3 CONSULTANT shall not be responsible for CONTRACTOR's means,methods,techniques,sequences or procedures of construction, or the safety precautions anc programs incicent thereto, and CONSULTANT shall not be responsible to CONTRACTOR or CONTRACTOR's failure to perform or furnish the Work pursuant to the Contract Documents. 9.11.4 CONSULTANT shall not be responsible for the acts or omissions of CONTRACTOR or of any SubContractor,any Supplier,or of any other person or organization performing or furnishing any of the Work. ARTICLE 10—CHANGES IN THE WORK 10.1 AUTHORIZED CHANGES IN THE WORK 10.1.1 Without invalicating the Contract and without notice to any surety,the CITY may at any time order additions,deletions or revisions in the Work,these changes shall be authorizec by a Field Order or Change Order. Upon receipt of any such order or document, CONTRACTOR shall promptly proceec with the Work involved that shall be performed under the applicable conditions of the Contract Documents,except as otherwise specifically provided. 10.1.2 If the CITY and CONTRACTOR are unable to agree as to the extent, if any, of an increase or decrease in the Contract Price or an extension or shortening of the Contract Time that should be allowed as a result of a Change Order,a claim may be made therefor as provided in Article 11 (Change in Contract Price)and Article 12(Change in Contract Time)of the General Conditions. Boynton Beach Utilities—Stormwater(CIPP)Lining BB Leisureville&Gateway Blvd GC 47 10.2 UNAUTHORIZED CHANGES IN THE WORK 10.2.1 CONTRACTOR shall not be entitlec to an increase in the Contract Price or an extension of the Contract Time with respect to an y Work performec that is not requirec by the Contract Documents as amended,modified and supplemented as provided in Section 3.2(References to Standares)except in the case of an emergency as provided in Paragraph 6.10.11 (Emergencies)or except in the case of uncovering Work as provided in Paragraph 13.4.2(Uncovering Work). 10.3 EXECUTION OF CHANGE ORDERS: 10.3.1 The CITY arc CONTRACTOR shall execute appropriate Change Orders(or Written Amendments)covering: 10.3.1.1 Changes in Work, which are ordered by the CITY, pursuant to Paragraph 10.1.1 (Changes in the Work) or are recuired because of acceptance of defective Work under Paragraph 13.9,or are agreed by the parties. 10.3.1.2 Changes in the Contract Price or Contract Time which the parties agree to. 10.3.1.3 Changes in Contract Price or Contract Time which embody the substance of any written decision rendered by CONSULTANT pursuant to Paragraph 9.9.1 (Decisions on Disputes), provided that, in lieu of executing any such Change Order, an appeal may be taken from any such decision in accordance with the provisions of the Contract Documents anc applicable laws anc regulations,but during any such appeal,CONTRACTOR shall carry on the Work and adhere to the progress schecule as provided in Paragraph 6.24.1. 10.3.2 Surety: It is distinctly agreed and understood that any changes made in the Contract Documents for this Work(whether such changes increase or decrease the amount thereof)or any change in the manner or time of payments or time of performance made by the CITY to the CONTRACTOR shall in no way annul, release or affect the liability and surety on the Bonds given by the CONTRACTOR. If notice of any change affecting the general scope of the Work or the provisions of the Contract Documents (including,but not limited to Contract Price or Contract Time)is required by the provisions of any Bond to be given to a Surety,the giving of any such notice shall be the CONTRACTOR's responsibility,and the amount of each applicable Bond shall be adjusted accordingly. 10.3.3 Notwithstanding, anything to the contrary contained within the Contract Documents, all change orders involving additional cost or extensions of time,shall be governec pursuant to the ordinances of the CITY. ARTICLE 11—CHANGE OF CONTRACT PRICE 11.1 GENERAL 11.1.1 The Contract Price constitutes the total compensation(subject to authorized adjustments)payable to CONTRACTOR for performing the Work. All cuties,responsibilities anc obligations assigned to or undertaken by CONTRACTOR shall be at its expense without change in the Contract Price. 11.1.2 The Contract Price may only be changec by a Change Order. Any claim for an increase or decrease in the Contract Price shall be basec on written notice deliverec by the party making the claim to the other party and to CONSULTANT promptly(not later than ten (10)days)after the occurrence of the event giving rise to the claim and stating the general nature of the claim. Notice of the amount of the claim with supporting data shall be celivered within thirty(30)days after such occurrence and shall be accompanied by claimant's written statement that the amount claimec covers all known amounts(direct,indirect and consequential)to which the claimant is entitlec as a result of the occurrence of such event. All claims for adjustment in the Contract Price shall be determined by CITY and CONSULTANT in accordance with Paragraph 9.8.1,if the CITY and CONTRACTOR cannot otherwise agree on the amount irvolvec. Any claim for an acjustment in the Contract Price shall not be waived if not submitted in accordance with this Paragraph 11.1.2. 11.1.3 The value of any Work covered by a Change Order or of any claim for an increase or decrease in the Contract Price shall be determirec in one of the following ways: 11.1.3.1 Where the Work involvec is covered by unit prices contained in the Contract Documents by application of unit prices to the quantities of the items involved(subject to provisions of Section 11.5.(Unit Price Work)inclusive). 11.1.3.2 By mutual acceptance of a lump sum(which shall include an allowance for overhead and profit in accordance with Paragraph 11.3.1.2a(Contractor's Fee). 11.1.3.3 On the basis of the Cost of the Work (determined as provided in Section 11.2, inclusive) plus a CONTRACTOR's fee for overhead and profit)determined as provided in Section 11.3,Contractor's Fee,inclusive. 11.2 COST OF THE WORK: 11.2.1 General: The term Cost of the Work means the sum of all costs necessary incurred and paid by CONTRACTOR in the proper performance of the Work. Except as otherwise may be agreed to in writing by the CITY,such costs shall be in amounts no higher than those prevailing in the locality of the Project and must be approved by the CITY and CONSULTANT before any payment. Such costs shall incluce only the following items listec below in Paragraphs 11.2.2 thru 11.2.6 and shall not include any of the costs itemized in Paragraph 11.2.7(Exclusions to Cost of the Work). 11.2.2 Labor:The term Cost of the Work incluces payroll costs for employees in the direct employ of CONTRACTOR in the performance of the Work under schedules of job classifications including the expenses of performing work after regular hours on Saturday,Sunday anc legal holidays, agreed upon by the CITY anc CONTRACTOR. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include,but not limited to,salaries and wages plus the cost of fringe benefits which shall include social security contributions, unemployment,excise and payroll taxes, Boynton Beach Utilities—Stormwater(CIPP)Lining BB Leisureville&Gateway Blvd GC 48 workers'or workmen's compensation, health and retirement benefits, sick leave, vacation and holiday pay applicable thereto. Employees under this paragraph shall incluce superintendents and foremen on site. 11.2.3 Materials and Equipment:The term Cost of Work includes cost of all materials and equipment furnished and incorporated in the Work,inclucing costs of transportation anc storage thereof,and Supplier's field services required in connection therewith. All cash discounts shall accrue to CONTRACTOR unless the CITY deposits funds with CONTRACTOR with which to make payments, in which case, the cash discounts shall accrue to the CITY. All trade discounts,rebates and refunds,and all returns from sale of surplus materials anc equipment shall accrue to the CITY,and CONTRACTOR shall make provisions so that they may be obtained. 11.2.4 Subcontractor: The term Cost of the Work includes payments made by CONTRACTOR to the SubContractors for Work performed by SubContractors, The CONTRACTOR shall obtain competitive bids from subcontractors acceptable to CONTRACTOR and shall deliver such bids to the CITY who shall then determine with the advice of the CONSULTANT,which bids shall be accepted. If a subcontract provides that the subcontractor is to be paid on the basis of Cost of Work plus a fee,the subcontractor's Cost of the Work shall be determinec in the same manner as CONTRACTOR's Cost of Work. All subcontracts shall be subject to all provisions of the Contract Documents. 11.2.5 Costs of Special Consultants: The term Cost of the Work includes special consultants employed for services specifically related to the Work including but not Iimitec to engineers,architects,testing laboratories,surveyors,attorneys and accountants. 11.2.6 Supplemental Costs: The term Cost of the Work includes the following: a. Costs, inclucing transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office and temporary facilities at the site anc tools not ownec by the workers that are consumed in the performance of Work,and costs less than market value of such items usec but not consumed which remain the property of the CONTRACTOR. b. Rentals of all construction equipment anc machinery and the parts thereof, whether rented from CONTRACTOR or others in accorcance with rental agreements approved by the CITY with the advice of CONSULTANT, and the costs of transportation,loading,unloading, installation, dismantling and removal thereof—in accordance with terms of such rental agreements. The rental of any such equipment,machinery or parts shall cease when the use thereof is no longer necessary for the Work. C. Cost of premiums for additional boncs and insurance required because of changes in the WORK. 11.2.7 Exclusions to Cost of the Work:The term Cost of the Work shall not include any of the following: 11.2.7.1 Payroll costs anc other compensation of CONTRACTOR's officers, executives, principals (of partnership anc sole proprietorships) general managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents,expeditors,timekeepers,clerks and other personnel employed by CONTRACTOR whether at the site in CONTRACTOR"s principal or branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in Paragraph 11.2.2 (Labor)or specifically coverec by Paragraph 11.2.5(Costs of Special Consultants)—all of which are to be considered acministrative costs coverec by the CONTRACTOR's fee pursuant to Paragraph 11.3 of the General Conditions. 11.2.7.2 Expenses of any of CONTRACTOR's offices,including principal and branch offices,other than CONTRACTOR's office at the Site. 11.2.7.3 Any part of CONTRACTOR's capital expenses including interest on CONTRACTOR's capital employed for the Work anc charges against CONTRACTOR for delinquent payments. 11.2.7.4 Cost of premiums for all Boncs anc for all insurance whether or not CONTRACTOR is required by the Contract Documents to purchase anc maintain the same(except for the cost of premiums covered by subparagraph 11.2.6(c) above. 11.2.7.5 Costs due to the negligence or intentional acts of the CONTRACTOR, any subcontractor, supplier or anyone whose acts CONTRACTOR or subcontractor may be liable, including but not limited to, the correction of defective Work, disposal of materials or ecuipment wrongly supplied and making good any damage to property. 11.2.7.6 Costs associated with fringe benefits that are greater than actual costs,i.e.where worker hours exceed a typical 8- hour dayanc 40-hour work week. 11.2.7.7 Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in Section 11.2(Cost of the Work). 11.3 CONTRACTOR'S FEE: 11.3.1 The CONTRACTOR's fee for overheac and profits shall be determined as follows: 11.3.1.1 A mutually acceptable fixed fee,or if none can be agreed upon, 11.3.1.2 A fee based on the following percentages of the various portions of the Cost of the Work: a. For costs incurrec under Paragraphs 11.2.2(Labor)and 11.2.3(Materials and Equipment)the CONTRACTOR's fee shall be five(5%)percent. b. For costs incurrec under Paragraph 11.2.4(Subcontractors),the CONTRACTOR's fee shall be five(5%) percent,and if a subcontract is on the basis of Cost of the Work plus a fee,the maximum allowable to CONTRACTOR on account of overhead and profit of all subcontractors shall be five(5%)percent. C. No fee shall be payable on the basis of costs itemized under Paragraphs 11.2.5(Cost of Consultants), 11.2.6(Supplemental Costs)and 11.2.7(Exclusions). C. The amount of credit to be allowed by CONTRACTOR to the CITY for any such change which results in a net decrease in cost shall be the amount of the actual net decrease plus a deduction in CONTRACTOR's fee by an account equal to ten(10%)percent of the net decrease,and e. When both additions anc credits are involved in any one change,the adjustment in CONTRACTOR's fee shall be computec on the basis of net change in accordance with Paragraphs 11.3.1.2(a)through 11.3.1.2(4) inclusive. Boynton Beach Utilities—Stormwater(CIPP)Lining BB Leisureville&Gateway Blvd GC 49 11.3.2 Whenever the cost of any work is to be determined pursuant to Paragraph 11.2.1 (General) or Paragraph 11.2.7 (Exclusions),CONTRACTOR shall submit in writing to the CITY and CONSULTANT and in form acceptable to CONSULTANT,an itemized breakcown together with supporting data. 11.4 ALLOWANCES: 11.4.1 It is uncerstocc that CONTRACTOR has incluced in the Contract Price all allowances named in the Contract Documents and shall cause the Work so covered in the Contract documents to be done by such subcontractors or suppliers and for such sums within the limit of the allowances as acceptable to the CITY,CONTRACTOR agrees that: 11.4.1.1 The allowances incluce the cost to CONTRACTOR (less any applicable trade discounts) of materials and equipment recuirec by the allowances to be delivered at the Site,and all applicable taxes and 11.4.1.2 CONTRACTOR's costs for unloading and handling on the Site,including labor,installation costs,overhead,profit and other expenses contemplated for the allowances have been included in the Contract Price and not in the allowances. No cemand for additional payment on account of any thereof shall be valid. 11.4.1.3 Prior to final payment,an appropriate Change Order shall be issued as recommended by CONSULTANT to reflect actual amounts cue CONTRACTOR on account of Work covered by allowances and the Contract Price shall be corresponcingly adjusted. 11.5 UNIT PRICE WORK: 11.5.1 Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price shall be deemec to include for all Unit Price Work,an amount equal to the sum of the established unit prices for each separately identified item of Unit Price Work,times the estimated cuantity of each item as indicated in the Contract. The estimated quantities of items of Unit Price Work are not guaranteed anc are solely for the purpose of comparison of Bids and determining an initial Contract Price. Determinations of the actual quantities anc classifications of Unit Price Work performed by CONTRACTOR shall be made by CONSULTANT anc CITY in accorcance with Paragraph 9.8-Determination of Unit Prices. 11.5.2 Each unit price shall be ceemec to include an amount considered by CONTRACTOR to be adequate to cover CONTRACTOR's overheac anc profit for each separately identified item. 11.5.3 Where the quantity of any item of Unit Price Work performed by CONTRACTOR differs materially and significantly from the estimated cuantity of such item indicatec in the Contract and there is no corresponding adjustment with respect to any other item of wo rk, anc if CONTRACTOR believes that CONTRACTOR has incurred additional expense as a result thereof, CONTRACTOR may make a claim pursuant to applicable provisions of these General Conditions for an increase in the Contract Price,if the parties are unable to agree as to the amount of any such increase. 11.5.4 Where the quantity of any item of Unit Price Work performed by CONTRACTOR differs materially and significantly from the estimated quantity of such item incicatec in the Contract and there is no corresponding adjustment with respect to any other item of work anc if the CITY believes that CONTRACTOR has incurred reduced expense as a result thereof, CITY may make a claim for a decrease in the Contract Price in accorcance with Article 11—Change in Contract Price if the parties are unable to agree as to the amount of any decrease. 11.6 OMITTED WORK. 11.6.1 The CITY may at any time,by written order,without Notice to the Sureties,require omission of such contract Work as it may find necessary or desirable.An order for omission of Work shall be valid only by an executable Change Order. All Work so ordered must be omitted by the CONTRACTOR. The amount by which the Contract Price shall be reduced shall be determined as follows: 11.6.1.1 By such applicable unit prices,or rates for work of a similar nature or character as set forth in the Contract,or 11.6.1.2 By the appropriate lump sum price set forth in the Contract,or 11.6.1.3 By the reasonable anc fair estimatec cost of such omitted Work and profit percentage as determined by the CONTRACTOR anc the CONSULTANT,and approved by the CITY. ARTICLE 12—CHANGE OF CONTRACT TIME 12.1 GENERAL 12.1.1 The Contract Time may only be changed by a Change Order.Any claim for an extension or shortening of Contract Time shall be based on written notice celivered by the party making the claim to the other party and to CONSULTANT promptly(but in no event later than seven(7)days)after the occurrence of the event giving rise to the claim and stating the general nature of the claim.Notice to the extent of the claim with supporting cata shall be delivered within seven (7) days after such occurrence and shall be accompanied by the claimant's written statement that the adjustment claimed is the entire adjustment to which the claimant has reason to believe it is entitled as a result of the occurrence of such event. Claims made beyond these time limits shall be null and void. Reporting of the general nature of the claim shall include at a minimum: 12.1.1.1 Nature of the delay or change in the Work. 12.1.1.2 Dates of commencement/cessation of the delay or change in the Work. 12.1.1.3 Activities on the progress schedule current as of the time of delay or change in the Work affected by the delay or change in the Work. 12.1.1.4 Icentification anc demonstration that the delay or change in the Work impacts the construction schedule. Boynton Beach Utilities—Stormwater(CIPP)Lining BB Leisureville&Gateway Blvd GC 50 12.1.1.5 Icentification of the source of celay or change in the Work. 12.1.1.6 Anticipation on impact extent of the delay or change in the Work. 12.1.1.7 Recommenced action to minimize delay. 12.1.2 Recuests for extension of time shall be fully documented and shall include copies of daily logs, letters,shipping orders,delivery tickets,anc other supporting information. In case of continuing cause of delay,only one(1)claim is necessary. Normal working weeks are based on a five(5)day week.All claims for adjustment of the Contract Time shall be determined by the CITY with input from the CONSULTANT. No claim for an adjustment in the Contract Time shall be valid if not submitted in accordance with the requirements of this Article 12 the General Conditions. 12.1.3 If CONTRACTOR is prevented from completing any part of the Work within the Contract Times(or Milestones)that, in the sole jucgment of the CITY whose decision shall be binding upon CONTRACTOR is due to delay beyond the control of the CONTRACTOR, the Contract Times(or Milestones)shall be extended in an amount equal to the time lost due to such delay if a claim is made therefore as provided in Article 12 of the General Conditions. 12.1.4 Delays beyond the control of CONTRACTOR shall include acts or neglect by the CITY,acts or neglect by utility owners or other contractors performing other work as contemplatec by Article 7—Related Work at Site,fires,floods,epidemics,or acts of God. 12.1.5 The CONTRACTOR must mitigate any loss of time to include but not be limited to performing ancillary Work as is applicable to the Project. 12.1.6 Claims for delay cue to inclement weather(i.e.beyonc the 10-year mean average)shall be the made within ten(10)days of the inclement weather occurrence. 12.1.7 Delays attributable to and within the control of a SubContractor or supplier shall be deemed to be delays within the control of the CONTRACTOR. 12.1.8 If the CONTRACTOR is preventec from completing any part of the Work within the Contract Time(or Milestones)due to delay beyonc the control of both CITY and CONTRACTOR,an extension of the Contract Times(or Milestones) in an amount equal to the time lost due to such delay shall be CONTRACTOR's sole and exclusive remedy for such delay. In no event shall CITY be liable to CONTRACTOR,anc SubContractor,any supplier,any other person or organization,or to any surety or employee or agent of any of them, for camages arising out of or resulting from(i)delays caused by or within the control of the CONTRACTOR,or(ii) delays beyond the control of both parties inclucing but not limited to fires,floods,epidemics,abnormal weather conditions,acts of Goo or acts of neglect by utility owners or other contractors performing work as contemplated by Article 7—Related Work at Site. 12.2 LIQUIDATED DAMAGES 12.2.1 The CITY anc CONTRACTOR recognize anc acknowledge that time is of the essence of this Contract and that the CITY shall suffer financial loss if the Work is not completec within the times specified in Paragraph 2.3 — Notice to Proceed plus any extensions thereof allowed in accorcance with Article 12—Change of Contract Time. Each of the parties acknowledge that it has attempted to quantify the camages which would be suffered by CITY in the event of the failure of CONTRACTOR to perform in a timely manner,but neither one has been capable of ascertaining such damages with any certainty. CITY and CONTRACTOR also recognize and acknowlecge the delays,expenses anc cifficulties involved in providing proof of such damages in a legal proceeding, the actual loss sufferec by the CITY if the Work is not completed on time. Accordingly,instead of requiring any such proof,the CITY anc CONTRACTOR agree that as liquidated damages for delay(but not as a penalty)CONTRACTOR shall pay the CITY: BASE BID LIQUIDATED DAMAGES PER DAY $1,000 to$20,000 $100 $20,001 to$75,000 $200 $75,001 to$150,000 $500 $150,001 to$350,000 $750 $350,001 to$750,000 $800 $750,001 to$1,000,000 $1,000 $1,000,001 to$2,000,000 $1,200 $2,000,001 to$3,000,000 $1,500 $3,000,001 to$4,000,000 $1,600 $4,000,001 to$5,000,000 $1,700 $5,000,001 to$6,000,000 $1,800 $6,000,001 to$7,000,000 $1,900 $7,000,001 to$8,000,000 $2,000 $8,000,001 to$9,000,000 $2,100 $9,000,001 to$10,000,000 $2,200 $10,000,001 to$11,000,000 $2,300 $11,000,001 to$12,000,000 $2,400 $12,000,001 and over $2,500 For each cay that expires after the time specified in Paragraph 2.3—Notice to Proceed, for Substantial Completion until the Work is substantially complete. Boynton Beach Utilities—Stormwater(CIPP)Lining BB Leisureville&Gateway Blvd GC 51 12.2.2 After Substantial Completion,if CONTRACTOR shall neglect,refuse or fail to complete the remaining Work within the Contract Time or any proper extension thereof grantec by the CITY,CONTRACTOR shall pay CITY: BASE BID LIQUIDATED DAMAGES PER DAY $1,000 to$20,000 $25.00 $20,001 to$75,000 $50.00 $75,001 to$150,000 $125.00 $150,001 to$350,000 $187.50 $350,001 to$750,000 $200.00 $750,001 to$1,000,000 $250.00 $1,000,001 to$2,000,000 $300.00 $2,000,001 to$3,000,000 $370.00 $3,000,001 to$4,000,000 $400.00 $4,000,001 to$5,000,000 $425.00 $5,000,001 to$6,000,000 $450.00 $6,000,001 to$7,000,000 $475.00 $7,000,001 to$8,000,000 $500.00 $8,000,001 to$9,000,000 $525.00 $9,000,001 to$10,000,000 $550.00 $10,000,001 to$11,000,000 $575.00 $11,000,001 to$12,000,000 $600.00 $12,000,001 anc over $625.00 For each day that expires after the time specified in Paragraph 2.3—Notice to Proceed. 12.2.3 This sum is not a penalty.The CITY reserves the right to additionally recover direct job site expenses, including CONSULTANT's expenses incurrec curing the period of any delay. The CONTRACTOR shall be liable for liquidated damages even if the Contract is terminated by the CITY for cause or if the CONTRACTOR abandons the Work. The liability of the CONTRACTOR anc its surety or sureties for damages provided by this Article is joint and several. ARTICLE 13—TESTS AND INSPECTIONS,CORRECTION,REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 13.1 NOTICE OF DEFECTS: 13.1.1 Prompt notice of all defects for which CITY or CONSULTANT have actual knowledge shall be given to CONTRACTOR. All defective Work,whether or not completed,may be rejected,corrected or accepted as provided in Article 13—Tests and Inspections:Correction,Removal or Acceptance of Defective Work. 13.1.2 Unremediec defects icentifiec for correction during the guarantee period but remaining after its expiration shall be considered as part of the obligations of the guarantee. Defects in material, workmanship or equipment which are remedied as a result of obligations of the guarantee,shall subject the remedied portion of the Work to an extended guarantee period of one (1) year after the defect has been remedied. The Surety shall be bound with and for the CONTRACTOR in the CONTRACTOR's observance of the guarantee. 13.2 ACCESS TO WORK: 13.2.1 CONSULTANT's anc CONSULTANT's representatives, other representatives of the CITY, testing agencies and governmental agencies with jurisdictional interests shall have access to the Work at reasonable times for their observation, inspecting anc testing. CONTRACTOR shall provide proper and safe conditions for such access. 13.3 TESTS AND INSPECTIONS: 13.3.1 CONTRACTOR shall give CONSULTANT timely notice of readiness of the Work for all required inspections,tests or approvals. 3.3.2 If any federal,state or local laws anc regulations require any Work(or part thereof)to specifically be inspected,tested or approved, CONTRACTOR shall assume full responsibility therefore pay all costs in connection therewith, and furnish CONSULTANT the requirec certificates of inspection,testing or approval. CONTRACTOR shall also be responsible for and pay all costs in connection with any inspection or testing requirec in connection with the CITY's or CONSULTANT's acceptance of supplier of materials or equipment proposed to be incorporatec in the Work,or of materials or equipment submitted for approval prior to CONTRACTOR's purchase thereof for incorporation in the Work. 13.3.3 All inspections, tests or approvals other than those required by federal, state, or local laws or regulations shall be performed by organizations acceptable to the CITY and CONSULTANT. Boynton Beach Utilities—Stormwater(CIPP)Lining BB Leisureville&Gateway Blvd GC 52 13.3.4 If any work (including the work of others) that is to be inspected, tested or approved is covered without written concurrence of CONSULTANT, it must, if recuested by CONSULTANT, be uncovered for observation. Such uncovering shall be at CONTRACTOR's expense unless CONTRACTOR has given CONSULTANT timely written notice of CONTRACTOR's intention to cover the same anc CONSULTANT has not actec with reasonable promptness in response to such notice. 13.3.5 Observations by CITY,CONSULTANT inspections or tests or approvals by others shall not relieve CONTRACTOR from CONTRACTOR's obligation's to perform the Work in pursuant to the Contract Documents. 13.3.6 General:For tests specifiec to be made by the CONTRACTOR,the testing personnel shall make the necessary inspections and tests, the testing work anc testing report thereof shall be in such form as will facilitate checking to determine compliance with the Contract Documents. Five (5) copies of the report shall be submitted and authoritative certification thereof must be furnished to the CONSULTANT as a prerecuisite for the acceptance of any material or equipment. 13.3.7 If,in the making of any test of any material or equipment, it is ascertained by the CONSULTANT that the material or equipment does not comply with the Contract Documents,the CONTRACTOR will be notified thereof and it will be directed to refrain from delivering such material or equipment,or to remove it promptly from the Site or from the Work and replace it with acceptable material,without cost to the CITY. 13.3.8 Tests of electrical anc mechanical equipment anc appliances shall be conducted in accordance with the recognized test codes. 13.3.9 Costs. All inspection and testing or materials furnishec under this Contract will be provided by the CONTRACTOR, unless otherwise expressly specifiec. 13.3.10 Materials and equipment submittec by the CONTRACTOR as the equivalent of those specifically named in the Contract may be tested by the CITY for compliance. The CONTRACTOR shall reimburse the CITY for the expenditures incurred in making such tests of materials and ecuipment which are rejected for non-compliance. 13.3.11 Certificate of Manufacture: CONTRACTOR shall furnish CONSULTANT authoritative evidence in the form of Certificate of Manufacture that the materials to be usec in the Work have been manufactured and tested in conformity with the Contract Documents. 13.3.12 These Certificates of Manufacture shall be notarizec and include copies of the results of physical tests and chemical analyses, where necessary,that have been mace directly on the product or on similar products of the manufacturer. Boynton Beach Utilities—Stormwater(CIPP)Lining BB Leisureville&Gateway Blvd GC 53 13.3.13 Start-up Tests:As soon as concitions permit,the CONTRACTOR shall furnish all labor,materials and instruments and shall make start-up tests of equipment. 13.3.14 If the start-up tests disclose any equipment furnished under the Contract which does not comply with the requirements of the Contract Documents, the CONTRACTOR shall, prior to demonstration tests, make all changes, adjustments and replacements recuirec.The CONTRACTOR shall assist in the start-up tests as applicable. 13.4 UNCOVERING WORK: 13.4.1 If any Work is coverec contrary to the recuest of CONSULTANT, it must, if requested by CONSULTANT, be uncovered for CONSULTANT's observation anc replacec at CONTRACTOR's expense. 13.4.2 If CONSULTANT recuests that covered Work be observed by CONSULTANT or inspected or tested by others,CONTRACTOR,at CONSULTANT's request shall uncover,expose or otherwise make available for observation,inspection or testing as CONSULTANT may require, that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found that such Work is defective, CONTRACTOR shall bear all direct, indirect and consequential costs of such uncovering, exposure, observation,inspection anc testing anc of satisfactory reconstruction,(including but not limited to fees and charges of engineers, architects,attorneys anc other professionals),and the CITY shall be entitled to an appropriate decrease in the Contract Price,and if the parties are unable to agree as to the amount thereof,may make a claim therefore as provided in Article 11. If however,such Work is found to be defective,CONTRACTOR shall be allowed an increase in Contract Price or an extension of the Contract Time, or both,directly attributable to such uncovering,exposure,observation,inspection,testing and reconstruction,and if the parties are unable to agree as to the amount or extent thereof,CONTRACTOR may make a claim therefore as provided in Article 11—Change in Contract Price anc Article 12—Change in Contract Time in the General Conditions. 13.5 CITY MAY STOP THE WORK. 13.5.1 If the Work is defective,or CONTRACTOR fails to supply sufficient skilled workers or suitable materials or equipment,or fails to furnish or perform the Work in such a way that the completec Work shall conform to the Contract Documents, the CITY may order CONTRACTOR to stop the Work,or any portion thereof,until the cause for such order has been eliminated,however,this right of the CITY to stop the Work shall not give rise to any duty on the part of the CITY to exercise this right for the benefit of CONTRACTOR or any other party. 13.6 CORRECTION OR REMOVAL OF DEFECTIVE WORK: Boynton Beach Utilities—Stormwater(CIPP)Lining BB Leisureville&Gateway Blvd GC 53 13.6.1 If requirec by CONSULTANT, CONTRACTOR shall promptly, as directed, either correct all defective Work, whether or not fabricatec,installec or completed,or if the Work has been rejected by CONSULTANT,remove it from the Site and replace with non- defective Work.CONTRACTOR shall bear all cirect,incirect,and consequential costs of such correction or removal(including but not limitec to fees and charges of engineers,architects,attorneys and other professionals)made necessary thereby. 13.6.2 If the CONTRACTOR refuses to comply,the CITY may cc of the following: 13.6.2.1 The CITY shall correct any work so performed by the CONTRACTOR and deduct the expenses for doing so from the final payment cue to the CONTRACTOR,or 13.6.2.2 The CITY shall holc back final payment cue CONTRACTOR until such time as the Work is completed to the satisfaction of the CITY's Project Manager anc in compliance with the CITY's specifications. The CITY's Project Manager shall have the discretion to determine if the Work is satisfactory and in compliance with the specifications. 13.6.3 The remecies containec herein are not exclusive and the CITY/OWNER reserves the right to pursue any and all other remedies it deems applicable. 13.7 ONE-YEAR CORRECTION PERIOD: 13.7.1 If within one(1)year after the date of Acceptance of Work or such longer period of time as may be prescribed by federal,state or local laws and regulations,or by the terms of any applicable special guarantee required by the Contract Documents,or by any specific provision of the Contract Documents,any Work is found to be defective,CONTRACTOR shall promptly,without cost to the CITY and in accordance with the CITY's written instructions,either correct such defective Work,or if it has been rejected by the CITY,remove it from the Site and replace it with non-defective Work. 13.7.2 If CONTRACTOR does not promptly comply with the terms of such instructions or incase of an emergency where delay would cause serious risk of loss or damage;the CITY may have the defective Work corrected or the rejected Work removed and replaced, and all direct,indirect and consequential costs of such removal and replacement(including but not limited to fees and charges of engineers,architects,attorneys anc other professionals)shall be paid by CONTRACTOR. 13.7.3 In special circumstances where a particular item of ecuipment is placed in continuous service before Final Acceptance of all the Work,the correction perioc for that item may start to run from an earlier date if so provided in the Specifications. 13.7.4 Nothing herein shall be deemed a waiver of the statute of limitations as provided in Florida Law. 13.7.5 Where defective Work(and carnage to other Work resulting therefrom)has been corrected,removed or replaced under this Paragraph 13.7—"One Year Correction Perioc",the correction period hereunder with respect to such Work shall be extended for an additional period of one(1)year after such correction or removal and replacement has been satisfactorily completed. 13.8 ACCEPTANCE OF DEFECTIVE WORK: 13.8.1 Insteac of requiring correction or removal and replacement of defective Work, CITY (prior to CONSULTANT's recommendation of final payment), if CONSULTANT prefers to accept defective Work CITY may accept defective Work. If CITY accepts defective Work pursuant to this Paragraph 13.8. CONTRACTOR shall pay all claims, costs, losses and damages attributable to CITY's evaluation of and determination to accept such defective Work(such costs to be approved by CONSULTANT as to reasonableness anc to incluce but not limited to fees and charges of engineers,architects,attorneys and other professionals). 13.8.2 If any such acceptance of defective work occurs prior to CONSULTANT's recommendation of final payment, a Change Order shall be issued incorporating the necessary revisions in the Contract Documents with respect to the Work, and the CITY shall be entitled to an appropriate decrease in the Contract Price,and,if the parties are unable to agree as to the amount thereof,the CITY may make a claim therefor as providec in Article 11 — Change of Contract Price. If acceptance occurs after such recommendation,CONTRACTOR shall pay an appropriate amount to the CITY. 13.9 CITY MAY CORRECT DEFECTIVE WORK: 13.9.1 If CONTRACTOR fails within thirty (30) days after written notice of CONSULTANT to proceed to correct defective Work, or remove and replace rejected Work as recuired by CONSULTANT in accordance with paragraph 13.7.1,or if CONTRACTOR fails to perform the Work in accordance with the Contract Documents, or if CONTRACTOR fails to comply with any other provision of the Contract Documents, the CITY may, after seven (7) days written notice to CONTRACTOR correct and remedy any such deficiency. 13.9.2 To the extent necessary to complete corrective and remedial action,the CITY may exclude CONTRACTOR from all or part of the Work,anc suspenc CONTRACTOR's services relatec thereto,take possession of CONTRACTOR's tools,appliances,construction ecuipment and machinery at the Site and incorporate in the Work, all materials and equipment stored at the Site or for which the CITY has paid CONTRACTOR but which are stored elsewhere. CONTRACTOR shall allow the CITY,the CONSULTANT, the CITY's Representative agents and employees,such access to the Site as may be necessary to enable the CITY to exercise the rights anc remecies uncer this Paragraph. 13.9.3 All cirect, incirect anc consecuential costs of the CITY in exercising such rights and remedies under this Paragraph shall be charged against CONTRACTOR by CITY, and a Change Order shall be issued incorporating the necessary revisions in the Contract Documents with respect to the Work.The CITY shall be entitled to an appropriate decrease in the Contract Price,and if Boynton Beach Utilities—Stormwater(CIPP)Lining BB Leisureville&Gateway Blvd GC 54 the parties are unable to agree as to the amount thereof,the CITY may make a claim therefore as provided in Article 11 —Change of Contract Price. Such direct,incirect and inconsequential costs shall include but not be limited to fees and charges of engineers, architects,attorneys anc other professionals,all court costs,and all costs of repair and/or replacement of Work of others destroyed or damagec by correction,removal or replacement of CONTRACTOR's defective work. CONTRACTOR shall also be responsible for restoring any other sites affected by such repairs or remedial work at no cost to the CITY. CONTRACTOR shall not be allowec an extension of the Contract Time because of any delay in performance of the Work attributable to the exercise by the CITY of the CITY's rights pursuant to Paragraph 13.9 of the General Conditions. ARTICLE 14—PAYMENTS TO CONTRACTOR AND COMPLETION: 14.1 SCHEDULE OF VALUES 14.1.1 The schecule of values establishec as provicec in Paragraph 2.9—Finalizing Schedules,shall serve as the basis for progress payments anc shall be incorporated into a form of Application for Payment acceptable to CITY and CONSULTANT. 14.2 UNIT PRICE BID SCHEDULE 14.2.1 Progress payments on account of Unit Price Work shall be based on the number of units completed. 14.2.2 The cuantities for payment under this Contract shall be determined by actual measurement of the completed items in place, ready for service and accepted by the CITY, in accordance with the applicable method of measurement therefore contained pursuant to these General Conditions. 14.2.3 The CONTRACTOR shall receive and accept the compensation provided in the Bid and the Contract documents as full payment for furnishing all materials, labor, tools anc equipment for performing all operations necessary to complete the Work uncer the Contract anc also in full payment for all loss or damages arising from the nature of the Work or from any discrepancy between the actual cuantities of Work anc cuantities herein estimated by the CONSULTANT,or from the action of the elements or from any unforeseen difficulties which may be encountered during the prosecution of the Work until final acceptance by the CITY. 14.2.4 The prices stated in the Bid include all costs and expenses for taxes, labor, equipment, materials, commissions,transportation charges and expenses,patent fees and royalties,labor for handling materials during inspection,together with any and all other costs anc expenses for performing and completing the Work as shown on the Drawings and specified herein. The basis of payment for an item at the unit price stated in the Bic shall be in accordance with the description of that item. 14.3 APPLICATION FOR PAYMENTS: 14.3.1 Unless otherwise prescribec by federal,state or local law,at the end of each calendar month,the CONTRACTOR shall submit to the CONSULTANT for review,an Application for Payment(AFP)filled out and signed by the CONTRACTOR,covering the Work completec as of the date of the Application and accomplished by such supporting documentation pursuant to the Contract Documents. 14.3.2 The Net Payment Due to the CONTRACTOR shall be the above-mentioned subtotal from which shall be deducted from the amount of retainage specifiec in the Contract, and the total amount of all previous approved Applications for Progress Payment submitted by CONTRACTOR. Retainage shall be calculated based upon the above-mentioned sub-total. 14.3.3 The CONTRACTOR shall list each Change Order executed prior to date of submission,at the end of the continuation sheets and shall list by Change Order Number,anc description,as for an original component item of work. 14.3.4 As proviced for in the Application for Payment(AFP)form,the CONTRACTOR shall certify for each current pay request that all previous progress payments received from the CITY,uncer this Contract have been applied by the CONTRACTOR to discharge in full all obligations of the CONTRACTOR in connection with Work covered by prior Application for Payment (AFP), and all materials anc ecuipment incorporatec into the Work are free and clear of all liens,claims,security interest and encumbrances. CONTRACTOR shall attach to each Application for Payment(AFP)like obligation discharge affidavits by all subcontractors. 14.4 CONTRACTOR'S WARRANTY OF TITLE: 14.4.1 The CONTRACTOR warrants anc guarantees that title to all Work and equipment covered by an Application for Payment, whether incorporated in the Project or not,shall have passed to the CITY prior to the making of an Application for Payment,free anc clear of all liens,claims,security interests anc encumbrances(hereafter in these General Conditions referred to as"Liens"),and that no work or ecuipment covered by an Application for Payment shall have been acquired by the CONTRACTOR or by any other party performing the Work at the Site or furnishing ecuipment for the Project,subject to an agreement under which an interest therein or encumbrances thereon is retained by the seller of such products or otherwise imposed by the CONTRACTOR or such other person. 14.5 REVIEW OF APPLICATIONS FOR PAYMENT: 14.5.1 CONSULTANT shall,within ten (10)days after receipt of each Application for Payment,either indicate in writing,a recommend ation of payment and present the Application to the CITY, or return the Application to CONTRACTOR indicating in writing CONSULTANT's reasons for refusing to recommend payment. In the latter case,CONTRACTOR may make necessary corrections anc resubmit the Application. Thirty(30) days after receipt of the Application for Payment by the CITY with CONSULTANT's recommencation,the amount recommendec Boynton Beach Utilities—Stormwater(CIPP)Lining BB Leisureville&Gateway Blvd GC 55 shall(subject to the provisions of the last sentence of paragraph 14.5.4)become due and when due shall be timely paid by the CITY to CONTRACTOR. 14.5.2 CONSULTANT's recommencation of any payment requested in the Application for Payment shall not prohibit the CITY from withholding payment or prohibit the CITY from paying additional sums regarding other matters or issues between the parties. 14.5.3 CONSULTANT's recommendation of final payment shall constitute a representation by CONSULTANT to the CITY that the concitiors precedent to CONTRACTOR's being entitlec to final payment as set forth in Paragraph 14.10, Final Payment and Acceptance,have been fulfilled. 14.5.4 CONSULTANT may refuse to recommend in whole or any part of any payment if,in CONSULTANT's opinion,it would be incorrect to make such representations to the CITY. The CONSULTANT may also refuse to recommend any such payment,or,because of subsecuently ciscoverec evicence or the results of subsequent inspections or tests, nullify any such payment previously recommenced,to such extent as may be necessary in CONSULTANT's opinion to protect the CITY from loss,including but not limited to: 14.5.4.1 The Work is defective or completec Work has been damaged requiring correction or replacement. 14.5.4.2 The Contract Price has been reduced by a Written Amendment or Change Order. 14.5.4.3 The CITY has been requirec to correct defective Work or complete Work pursuant to Paragraph 13.9,or 14.5.4.4 The CONSULTANT's actual knowledge of the occurrence of any of the events enumerated in Paragraphs 15.2.1 through 15.2.1.9 inclusive(CITY May Terminate). 14.5.5 The CITY may refuse to make payment of the full amount recommended by the CONSULTANT because claims have been made against the CITY on account of CONTRACTOR's performance or furnishing of the Work,or there are other items entitling the CITY to crecit against the amount recommendec but the CITY must give CONTRACTOR written notice(with a copy to CONSULTANT) stating the reasons for such action. Reasons the CITY may refuse to make payment include but are not limited to: 14.5.6 The Work for which payment is recuested cannot be verified by the CITY. 14.5.7 Claims or Liens have been filed against the CITY relating to the Project or there is reasonable evidence indicating the probable filing thereof. 14.5.8 Upon unsatisfactory obligation of the Work,including failure to clean up as required. 14.5.9 Upon CONTRACTOR's persistent failure to cooperate with other contractors on the Project and persistent failure to carry out the Work in accorcance with the Contract Documents. 14.5.10 Upon liquidatec damages payable by the CONTRACTOR,or 14.5.11 Upon any other violation of,or failure of CONTRACTOR to comply with,the provisions of the Contract Documents. 14.6 SUBSTANTIAL COMPLETION: 14.6.1 When the CONTRACTOR considers the entire Work ready for its intended use, the CONTRACTOR shall notify the CITY arc the CONSULTANT in writing that the Work is substantially complete and request that the CONSULTANT prepare a Certificate of Substantial Completion. 14.6.2 The CITY,the CONSULTANT anc the CONTRACTOR shall make an inspection of the Work within fifteen(15)calendar days after notice from the CONTRACTOR that the Work is substantially complete to determine the status of completion. If the CONSULTANT does not consider the Work substantially complete,the CONSULTANT shall notify the CONTRACTOR in writing giving the reasons therefor. If the CONSULTANT consicers the Work to be substantially complete,the CONSULTANT shall prepare anc celiver to the CITY for its execution and recordation,the Certificate of Substantial Completion,signed by the CONSULTANT anc CONTRACTOR,which shall affix the Date of Substantial Completion. 14.6.3 The CITY shall have the right to exclude CONTRACTOR from the Work after the date of Substantial Completion,but the CITY shall allow CONTRACTOR reasonable access to complete or correct items on the"punch list",pursuant to Paragraph 14.12 of the General Conditions. 14.7 PARTIAL UTILIZATION: 14.7.1 The CITY shall have the right to enter the premises for the purpose of doing work not covered by the Contract Documents. This provision shall not be construec as relieving the CONTRACTOR of the sole responsibility for the care and protection of the Work,or the restoration of any camaged work except such as may be caused by agent or employees of the CITY. 14.7.2 Prior to Substantial Completion,the CITY,with the approval of the CONSULTANT and with written notice to the CONTRACTOR, may use any completed or substantially completed portion of the Work. Such use shall not constitute an acceptance of such portions of the Work. 14.7.3 Use by the CITY of any finishec part of the Work,which has specifically been identified in the Contract Documents,or which the CITY,CONSULTANT,anc CONTRACTOR agree constitutes a separately functioning and usable part of the Work that can be used Boynton Beach Utilities—Stormwater(CIPP)Lining BB Leisureville&Gateway Blvd GC 56 by the CITY without significant interference with CONTRACTOR's performance of the remainder of the Work,may be accomplished prior to Substantial Completion of all Work subject to the following: 14.7.3.1 The CITY at any time may recuest CONTRACTOR in writing to permit the CITY to use any such part of the Work which the CITY believes to be ready for its intended use and substantially complete. If CONTRACTOR agrees, CONTRACTOR shall certify to the CITY anc CONSULTANT that said part of the Work is substantially complete and request CONSULTANT to issue a Certificate of Substantial Completion for that part of the Work.CONTRACTOR at any time may notify the CITY and CONSULTANT in writing that CONTRACTOR considers any such part of the Work ready for its intenced use and substantially complete and request CONSULTANT to issue a Certificate of Substantial Completion for that part of the Work. Within fifteen(15)days after either such request,the CITY,CONTRACTOR and CONSULTANT shall make an inspection of that part of Work to determine its status of completion. If CONSULTANT does not consider that part of the Work to be substantially complete,CONSULTANT shall notify the CITY and CONTRACTOR in writing giving the reasons therefore. If CONSULTANT considers that part of the Work to be substantially complete,the provisions of Paragraphs 14.6.1 and 14.6.2 shall apply with respect to Certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto. 14.7.3.2 The CITY may at any time,request CONTRACTOR in writing to permit the CITY to take over operation of any such part of the Work although it is not substantially complete. A copy of such request shall be sent to CONSULTANT and within fifteen(15)days thereafter,the CITY,CONTRACTOR and CONSULTANT shall make an inspection of that part of the Work to determine its status of completion and shall prepare a list of items remaining to be completed or corrected thereon before final payment. If CONTRACTOR does not object in writing to the CITY and CONSULTANT that such part of the Work is not ready for separate operation by the CITY;CONSULTANT shall finalize the list of items to be completed or corrected anc shall deliver such list to the CITY and CONTRACTOR together with a written recommendation as to the division of responsibilities pending final judgment between the CITY and CONTRACTOR with respect to security,operation,safety,maintenance,utilities,insurance,warranties and guarantees for that part of the Work which shall become binding upon the CITY and CONTRACTOR at the time when the CITY takes over such operation(unless CONTRACTOR shall have otherwise agreed in writing and so informed CONSULTANT). During such operation and prior to Substantial Completion of such part of the Work,the CITY shall allow CONTRACTOR reasonable access to complete or correct items on such list and to complete other related Work. 14.8 FINAL INSPECTION: 14.8.1 Upon written notice from the CONTRACTOR that the entire Work or an agreed upon portion thereof is complete,CONSULTANT shall make a final inspection with the CITY and CONTRACTOR and shall notify CONTRACTOR in writing of all particulars in which this inspection reveals that the Work is incomplete,defective,or not in accordance with the Contract Documents. CONTRACTOR shall immeciately take such measures as necessary to remedy such deficiencies. 14.9 FINAL APPLICATION FOR PAYMENT. 14.9.1 After CONTRACTOR has completec in writing all such corrections to the satisfaction of CONSULTANT and delivered all maintenance and operating instructions,schecules,guarantees, Bonds,certificates of inspection, marked-up record documents(as provided in Paragraph 14.6,Substantial Completion)and other documents-all as required by the Contract Documents,and after CONSULTANT has incicated in writing that the Work is acceptable and has been completed in conformance with the drawings and specifications anc any approved changes thereto, CONTRACTOR may make application for final payment following the procedure for progress payments. The final Application for Payment shall be accompanied by:(i)all documentation called for in the Contract Documents,including but not limited to the evidence of insurance required,(ii)consent of the surety,if any,to final payment,and(iii)complete and legally effective releases or waivers(satisfactory to CITY)of all Liens arising out of or filed in connection with the Work. 14.10 FINAL PAYMENT AND ACCEPTANCE. 14.10.1 Upon receipt of written notice from the CONTRACTOR that the Work has been completed in conformity with the Drawings and Specifications and any approvec changes thereto,and receipt of the Final Application for Payment with the Warranty of Title and accompanying documentation,the CITY's CONSULTANT shall promptly examine the Work and making such tests as he/she may deem proper,anc using all of the care anc jucgment normally exercised in the examination of completed Work by a properly qualified and experienced professional Consultant,shall satisfy themselves that the CONTRACTOR's statement appears to be correct and the CONTRACTOR's other obligations under the Contract Documents have been fulfilled. The CONSULTANT shall then inform the CITY in writing that CONSULTANT have examined the Work and that it appears,to the best of the CONSULTANT's knowledge anc belief, to conform to the Contract Drawings,Specifications and any approved Change Orders that the CONTRACTOR's other obligations uncer the Contract Documents have been fulfilled, and that CONSULTANT therefore recommend acceptance of the Work for ownership and Final Payment to the CONTRACTOR.However,it is agreed by the CITY and the CONTRACTOR that such statement by the CITY's CONSULTANT coes not in any way relieve the CONTRACTOR from their responsibility to deliver a fully completed job in a gooc anc workmanlike condition,and does not render the CONSULTANT or the CITY liable for any faulty Work done or cefective materials or equipment usec by the CONTRACTOR. 14.10.2 The CONSULTANT shall then make a final estimate of the value of all Work done and shall deduct all previous payments which ha ve been made. The CONSULTANT shall report such estimate to the CITY together with his/her recommendation as to the acceptance of the Work or his/her fincings as to any deficiencies therein. After receipt and acceptance by the CITY of the properly executed Final Warranty of Title and after approval of the CONSULTANT's estimate and recommendation to the CITY,the CITY shall make final payment to the CONTRACTOR of the amount remaining after deducting all prior payments and all amounts to be kept or retainec under the provisions of the Contract Documents, or as may be lawfully retained, including but not limited to, Boynton Beach Utilities—Stormwater(CIPP)Lining BB Leisureville&Gateway Blvd GC 57 Licuidatec Damages,as applicable. Title passes anc warranty begins at final acceptance. 14.10.3 All prior estimates are subject to correction in the final estimate. Thirty(30)days after approval by the CITY of the Application for Final Payment,the amount recommended by CONSULTANT shall become due and shall be paid to the CONTRACTOR. 14.11 WAIVER OF CLAIMS: 14.11.1 The making and acceptance of Final Payment shall constitute: 14.11.1.1 Waiver of all claims by CITY against CONTRACTOR,except claims arising from unsettled Liens from defective Work appearing after final inspection,pursuant to Paragraph 14.8,Final Inspection,from failure to comply with the Contract Documents or the terms of any special guarantees specified therein, or from CONTRACTOR's continuing obligations uncer the Contract Documents or the Performance and Payment Bonds,and 14.11.1.2 Waiver of all claims by CONTRACTOR against CITY other than those previously made in writing and still unsettled at the time of making an acceptance of Final Payment. 14.12 PUNCHLIST PROCEDURES: As per Florica Statutes§218.735(7)(a)(ii),punchlist procedures to render the Work complete,satisfactory and acceptable are established as follows: 14.12.1 Within fifteen(15)days of Substantial Completion of the construction services purchased as defined in the Contract,CONTRACTOR shall schecule a Substantial Completion Walkthrough with CITY and CONSULTANT. The purpose of the Substantial Completion Walkthrough is to develop a preliminary punchlist ("Punchlist") of items to be performed by the CONTRACTOR, based upon observations mace jointly between the CONTRACTOR, CONSULTANT and CITY during the Substantial Completion Walkthrough. Completion of the Work as defined by the Contract,again predicated upon the CONTRACTOR's timely initiation of a recuest for the Substantial Completion Walkthrough.At its option,CITY may conduct Substantial Completion Walkthrough with its Fielc Inspector anc CONSULTANT. 14.12.2 CONTRACTOR shall endeavor to adcress anc complete as many items as possible noted on the Punchlist either during the Substantial Completion Walkthrough itself,or thereafter for a period of thirty(30)days from the date of the Substantial Completion Walkthrough. 14.12.3 No later than thirty(30)days following the schedulec Substantial Completion Walkthrough,CONTRACTOR shall again initiate and request a second walkthrough of the Project with CITY. The purpose of this second walkthrough is to identify which items remain to be performec from the Substantial Completion Walkthrough Checklist and to supplement that list as necessary(based,for example, upon work which may have been damaged as a result of the CONTRACTOR's performance of completion of items contained on the Substantial Completion Walkthrough Punchlist)and for the purpose of developing a joint Final Punchlist. 14.12.4 The intent of this section is for the CITY and the CONTRACTOR to cooperate to develop a Final Punchlist to be completed no la ter than thirty(30)days from the date of reaching Substantial Completion of the construction services or as defined in the Contract Documents. 14.12.5 In no event may the CONTRACTOR recuest payment of final retainage under Florida Statutes§218.735(7)(d)until the CONTRACTOR considers the Final Punchlist to be 100%complete. 14.12.6 CONTRACTOR agrees to complete the Final Punchlist items within thirty(30)days of the date of its issuance by CITY. 14.12.7 CONTRACTOR acknowledges and agrees that no item contained on the Final Punchlist shall be considered a warranty item until such time as the Final Punchlist is 100%complete. 14.12.8 CONTRACTOR acknowledges and agrees that CITY may, at its option, during performance of the Work and prior to Substantial Completion, issue lists of icentifiec non-conforming or corrective work for the CONTRACTOR to address. The intent of any such CITY generatec lists prior to Substantial Completion is to attempt to streamline the Punchlist process upon achieving Substantial Completion,and to allow for the CONTRACTOR to address needed areas of corrective work as they may be observed by CITY curing performance of the Work. 14.12.9 CONTRACTOR acknowlecges anc agrees that in calculating 150%of the amount which may be withheld by CITY as to any Final Punchlist item for which a good faith basis exists as to it being complete,as provided for by Florida Statutes§218.735(7)(d),CITY may include within such percentage calculation its total costs for completing such item of work,including its administrative costs as well as costs to address other services neeced or areas of work which may be affected in order to achieve full completion of the Final Punchlist item. Such percentage shall in no event relate to the Schedule of Value associated with such work activity,but rather total costs are basec upon the value(i.e.cost)of completing such work activity based upon market conditions at the time of Final Punchlist completion. 14.13 REDUCTION OF RETAINAGE PROCEDURES: 14.13.1 CONTRACTOR may request a recuction of retainage pursuant to Florida Statutes§218.735(7)(d). The term"Fifty Percent Completion"as stated in Florida Statutes§218.735(7)(8)(b)shall be cefined as follows in lieu of any other definition: 14.13.1.1 "Fifty Percent Completion" of the Work is defined as that point in time where 50% of the overall value of Work items incorporatec anc which shall remain in place subsequent to final completion of the Work have been completed, based upon the Schedule of Values contained in the Contract. As such, and by way of example, the value of Boynton Beach Utilities—Stormwater(CIPP)Lining BB Leisureville&Gateway Blvd GC 58 CONTRACTOR's mobilization,general conditions,supervision or like items which do not involve permanent incorporation of Work, cc not apply to the determination of"Fifty Percent Completion" of the Work for purposes of establishing entitlement to a recuction of retainage. 14.13.2 With regarc to any contract for construction services,the CITY may withhold from each progress payment made to the CONTRACTOR an amount not exceeding ten(10%)percent of the payment as retainage until fifty(50%)completion of such services. 14.13.3 After fifty (50%) percent completion of the construction services, pursuant to the Contract, the CITY must reduce to five (5%) percent the amount of retainage withheld from each subsequent progress payment made to the CONTRACTOR. For purposes of this subsection,the term"Fifty(50%)percent completion"has the meaning set forth in the Contract between local governmental entity anc the CONTRACTOR or, if not cefined in the Contract, the point at which the local governmental entity has expended fifty (50%) of the total cost of the construction services as identified in the Contract, together with all costs associated with existing change orders anc other additions or modifications to the construction services provided for in the Contract. 14.13.4 After fifty (50%) completion of the construction services purchased pursuant to the Contract, the CONTRACTOR may elect to withholc retainage for payments to its subcontractors at a rate higher than five(5%)percent.The specific amount to be withheld must be determined on a case-by-case basis anc must be based on the CONTRACTOR's assessment of the subcontractor's past performance,the likelihood that such performance will continue, and the CONTRACTOR's ability to rely on other safeguards. The CONTRACTOR shall notify the subcontractor, in writing,of its determination to withhold more than five(5%)of the progress payment and the reasons for making that determination and the CONTRACTOR may not request the release of such retained funds from the CITY. 14.13.5 After fifty(50%)percent completion of the construction services purchased pursuant to the Contract,the CONTRACTOR may present to the CITY a payment request for up to one-half(1/2)of the retainage held by the CITY. The CITY shall promptly make payment to the CONTRACTOR, unless the CITY has grouncs, pursuant to paragraph (f), for withholding the payment of retainage. If the CITY makes payment of retainage to the CONTRACTOR under this paragraph which is attributable to the labor,services or materials suppliec by one or more subcontractors or suppliers,the CONTRACTOR shall timely remit payment of such retainage to those subcontractors and suppliers. 14.13.6 This section coes not prohibit the CITY from withholding retainage at a rate less than ten(10%)percent of each progress payment, from incrementally recucing the rate of retainage pursuant to a schedule provided for in the Contract, or from releasing at any point all or a portion of any retainage withheld by the CITY which is attributable to the labor,services,or materials supplied by the CONTRACTOR or by one or more subcontractors or suppliers. If the CITY makes any payment of retainage to the CONTRACTOR which is attributable to the labor,services,or materials supplies by one or more subcontractors or suppliers,the CONTRACTOR shall timely remit payment of such retainage to those subcontractors and suppliers. 14.13.7 This section coes not require the CITY to pay or release any amounts that are subject of a good faith dispute,the subject of a claim brought pursuant to Florica Statutes§255.05 or otherwise the subject of a claim or demand by the CITY or CONTRACTOR. 14.13.8 The time limitations set forth in this section for payment requests,apply to any payment request for retainage made pursuant to this section. 14.13.9 Paragraphs 14.13.2 through 14.13.6 cc not apply to construction services purchased by the CITY which are paid for,in whole or in part,with federal funds anc are subject to federal grantor laws and regulations or requirements that are contrary to any provision of the Local Government Prompt Payment Act. 14.13.10 This subsection does not apply to any construction services purchased by the CITY if the total cost of the construction services as identified in the contract is$200,000 or less. 14.13.11 All payments dues uncer this section anc not mace within the time periods specified by this section shall bear interest at the rate of one(1%)percent per month,or the rate specified by contract,whichever is greater. ARTICLE 15—SUSPENSION OF WORK AND TERMINATION: 15.1 CITY MAY SUSPEND/STOP WORK: 15.1.1 THE CITY MAY SUSPEND WORK: The CITY may,at any time and without cause,suspend the Work or any portion thereof for period of not more than ninety(90)days by notice in writing to CONTRACTOR and CONSULTANT which shall affix the date on which Work shall be resumec. CONTRACTOR shall resume the Work on the date so affixed. If CONTRACTOR claims an increase in the Contract Price or an extension of the Contract Time,or both,directly attributable to any suspension, CONTRACTOR may make a claim as provicec in Articles 11 (Change of Contract Price) and Article 12 (Change of Contract Time)of the General Conditions. 15.1.2 THE CITY MAY STOP WORK:The CITY or CITY's Representative may stop the Work or any portion thereof when it has been determined that the CONTRACTOR is not complying with the Drawings or Specifications or the intent thereof. The Stop Work order may be verbal anc the CONTRACTOR shall cease work immediately except for leaving the Work area in a safe and acceptable condition.A verbal Stop Work orcer shall be followed by a confirmation in writing. The CONTRACTOR shall not be allowed an increase in the Contract Price or an extension of the Contract Time during the Stop Work period. A Start Work order may be verbal anc shall be followec by a confirmation in writing. Boynton Beach Utilities—Stormwater(CIPP)Lining BB Leisureville&Gateway Blvd GC 59 15.2 CITY MAY TERMINATE FOR CAUSE: 15.2.1 Upon the occurrence of any one or more of the following events: 15.2.1.1 If CONTRACTOR commences a voluntary case under any chapter of the Bankruptcy Code(Title 11, United States Coce),as now or hereafter in effect,or if CONTRACTOR takes any equivalent or similar action by filing a petition or otherwise uncer any other federal or state law in effect at such timing relating to CONTRACTOR's bankruptcy or insolvency, 15.2.1.2 If a petition is fled against CONTRACTOR under any chapter of the Bankruptcy Code(Title 11,United States Code)as now or hereafter in effect at the time of filing,or if a petition is fled seeking any such equivalent or similar relief against CONTRACTOR under any other federal or state law in effect at the time relating to CONTRACTOR's bankruptcy or insolvency, 15.2.1.3 If CONTRACTOR makes a general assignment for the benefit of creditors, 15.2.1.4 If a trustee,receiver,custodian or agent of CONTRACTOR is appointed under applicable law or under Contract,whose appointment or authority to take charge of property of CONTRACTOR is for the purpose of enforcing a Lien against such property or for the purpose of general administration of such property for the benefit of CONTRACTOR's creditors, 15.2.1.5 If CONTRACTOR acmits in writing an inability to pay the debts generally as they become due, 15.2.1.6 If CONTRACTOR fails to perform the Work in accordance with the Contract Documents(including but not limited to, failure to supply sufficient skillec workers suitable materials or equipment or failure to adhere to the progress schedule establishec uncer Paragraph 2.6 as revisec from time to time), 15.2.1.7 If CONTRACTOR cisregares any federal,state or local laws and or regulations of any Local Public Agency regulations that apply. 15.2.1.8 If CONTRACTOR cisregares the authority of CONSULTANT,or 15.2.1.9 If CONTRACTOR otherwise violates any provisions of the Contract Documents, 15.2.1.10 In the event of termination,the CITY may take possession of the premises and all materials,tools,and appliances, thereon anc finish the Work by whatever method it may deem expedient. In such cases, the CONTRACTOR shall only be entitlec to receive payment for Work satisfactorily completed prior to the termination date, subject to any setoffs due the CITY in completing the Project and for reimbursement for damages incurred. The CITY may take possession of and use any materials,plant,tools,equipment,and property of any kind furnished by CONTRACTOR to complete the Work. In such case CONTRACTOR shall not be entitled to receive any further payment until the Work is finished. If the expense incurred by the CITY to finish the Work(including additional managerial and administrative services,plus the CITY's direct,indirect anc consequential losses),exceeds the unpaid balance on the Contract,the CONTRACTOR or Surety shall pay the difference to the CITY promptly upon demand. The expense incurred through the CONTRACTOR's default,shall be certified by the CITY's Project Manager. The CONTRACTOR shall be responsible for both Iicuicated camages attributable to delay and for excess completion costs. The liability of the CONTRACTOR anc its surety or sureties for such damages and costs is joint and several.The obligations of the CONTRACTOR and their surety with respect to the warranty and maintenance shall remain in full force and effect for the portion of the Work completed by the CONTRACTOR and shall not expire until the expiration of the prescribed time perioc measurec from the final acceptance of the Project in its entirety. These clauses shall survive the termination of this CONTRACT. If the CITY makes a determination pursuant to this Contract to hold the CONTRACTOR in default anc terminate the Contract for cause and it is subsequently determined that any such determination was improper,unwarranted,or wrongful,then any such termination shall be deemed for all purposes as a termination without cause as described below. The CONTRACTOR agrees that it shall be entitled to no damages, allowances or expenses of any kind other than as provided in this Agreement in connection with such termination,any and all claims for consecuential camages,loss of bonding capability,destruction of business,unabsorbed home office overhead,lost profit anc related claims. 15.2.2 Where CONTRACTOR's services have been terminated by the CITY,the termination shall not affect any rights or remedies of the CITY against CONTRACTOR then existing or which may thereafter accrue. Any retention or payment of monies due CONTRACTOR by the CITY shall not release CONTRACTOR from liability. 15.3 CITY MAY TERMINATE WITHOUT CAUSE: 15.3.1 The CITY may terminate this Contract without cause by giving seven(7)days prior written notice to the CONTRACTOR,and in such event,the CITY shall pay the CONTRACTOR for that portion of the Contract Sum,less the aggregate of previous payments,allocable to the Work completec as of the Date of Termination,plus reasonable termination expenses. The CITY also shall reimburse the CONTRACTOR for all costs necessarily incurrec for organizing and carrying out the stoppage of Work paid directly to the CONTRACTOR, not inclucing overhead, general expenses or profit. The CITY shall not be responsible to reimburse the CONTRACTOR for any continuing contractual commitments to subcontractors or material men or for penalties or damages for canceling such contractual commitments, (with the exception that the CITY shall reimburse the CONTRACTOR for major materials or equipment purchasec before termination,if the CONTRACTOR can show proof of such purchases prior to notice of termination) inasmuch as the CONTRACTOR shall make all subcontracts and other commitments subject to this provision. In the event of termination by the CITY,the CITY may require the CONTRACTOR promptly to assign to it,all or some subcontracts, construction, plants, materials tools, ecuipment, appliances, rental agreements, and other commitments which the CITY,in its sole discretion, chooses to take by assignment, anc in such event the CONTRACTOR shall promptly execute and deliver to the CITY written assignments of the same. 15.4 REMOVAL OF EQUIPMENT DUE TO TERMINATION. 15.4.1 Removal of Equipment:In the case of termination of this Contract before completion,for any cause whatever,the CONTRACTOR,if notified to cc so by the CITY or CITY's Project Manager,shall promptly remove any part of all of this equipment and supplies from the property of the CITY. Should the CONTRACTOR not remove such equipment and supplies, the CITY shall have the right to remove them at the expense of the CONTRACTOR. Equipment and supplies shall not be construed to include such items for which the CONTRACTOR has been paid in whole or in part. Boynton Beach Utilities—Stormwater(CIPP)Lining BB Leisureville&Gateway Blvd GC 60 15.5 CONTRACTOR MAY STOP WORK OR TERMINATE. 15.5.1 If,through no act or fault of CONTRACTOR,the Work is suspended for a period of more than ninety(90)days by the CITY,or under an orcer of court or other public authority, or CONSULTANT fails to act on any Application of Payment within thirty (30) days after it is submitted,or the CITY fails to pay any sum finally determined to be due within sixty(60)days to CONTRACTOR, CONTRACTOR may upon CITY's and CONSULTANT's receipt of seven(7)days written notice to the CITY and CONSULTANT, terminate the Contract and the CITY shall pay the CONTRACTOR for that portion of the Contract Sum,less the aggregate of previous payments,allocable to the Work completed as of the Date of Termination. The CITY shall not be responsible to reimburse the CONTRACTOR for any continuing contractual commitments for canceling such contractual commitments inasmuch as the CONTRACTOR shall make all subcontracts and other commitments subject to this provision. The CITY may require the CONTRACTOR to promptly assign CITY all or some subcontracts,construction, plant, materials, tools, equipment, appliances, rental agreements, anc any other commitments which the CITY, in its sole discretion, chooses to take by assignment, and in such event,the CONTRACTOR shall promptly execute and deliver to the CITY written assignments of the same. In addition and in lieu of terminating the Contract, if CONSULTANT has failed to act on an Application for Payment or the CITY has failed to make any payment as aforesaid,CONTRACTOR may upon seven (7)days written notice to the CITY and CONSULTANT, stop the Work until payment of all amount becomes cue. The provisions of this paragraph shall not relieve the CONTRACTOR of the obligations under Paragraph 6.24—Continuing the Work, to carry on the Work in accordance with the progress schedule anc without delay during disputes anc disagreements with the CITY or CONSULTANT. ARTICLE 16-DISPUTE RESOLUTION 16.1 GOOD FAITH EFFORT: 16.1.1 Any disputes relating to interpretation of the terms of this Contract or a question or fact arising under this Contract,shall be resolved through good faith efforts upon the part of the CONTRACTOR and the CITY or CITY's Project Manager. At all times,the CONTRACTOR shall carry on the Work and maintain its progress schedule in accordance with the requirements of the Contract and the cetermination of the CITY or its representatives,pending a final resolution of the dispute,including,if necessary,any determination by a Court of competent jurisdiction.Any dispute which is not resolved by mutual agreement of CONTRACTOR and CITY's or CITY's Project Manager shall be decided by the CITY MANAGER or CITY MANAGER's designee who shall reduce the decision to writing. The decision of the CITY MANAGER or CITY MANAGER's designee shall be final and conclusive unless determined by a court of competent jurisdiction to be fraudulent,capricious,arbitrary,so grossly erroneous as to necessarily imply bad faith,or not be supported by substantial evicence. 16.2 MEDIATION: 16.2.1 Prior to initialing any litigation concerning this Contract,the CITY reserves the right to submit the disputed issue or issues to a mediator for non-bincing mediation. The parties shall agree on a mediator chosen from a list of certified mediators available from the Clerk of Court for Palm Beach County. The fee of the mediator shall be shared equally by the parties. To the extent allowed by law,the mediation process shall be confidential and the results of the mediation or any testimony or argument introduced at the mediation shall not be admissible as evidence in any subsequent proceeding concerning the disputed issue. ARTICLE 17—MISCELLANEOUS: 17.1 GIVING NOTICE: 17.1.1 All notices, requests, consents anc other communications required or permitted under this Contract shall be in writing and shall be(as elected by the person giving such notice)hand delivered by messenger or courier service,or mailed by registered or certified mail(postage prepaic)return receipt requestec,adcressed to To CITY: User Department 3301 Quantum Boulevard,Suite 101 Boynton Beach,Florida 33426 WITH A COPY T0: Director of Financial Services Procurement Services Division 3301 Quantum Boulevard,Suite 101 Boynton Beach,Florida 33426 CONTRACTOR: Indivicual or to a member of the firm or to an officer of the corporation for whom it is intended. 17.2 COMPUTATION OF TIME. 17.2.1 When any period of time is referrec to in the Contract Documents by days,it shall be computed to exclude the first and include the last cay of such pericc. If the last day of any such period falls on a Saturday or Sunday or on a federal or state legal holiday, such cay shall be omitted from the computation. Boynton Beach Utilities—Stormwater(CIPP)Lining BB Leisureville&Gateway Blvd GC 61 17.3 NOTICE OF CLAIM: 17.3.1 Shoulc CITY or CONTRACTOR suffer injury or damage to person or property because of any error,omission or act of the other pa rty or of any of the other party's employees or agents or others for whose acts the other party is legally liable,claim shall be made in writing to the other party within seven(7)calendar days of the first observance of such injury or damage.The provisions of this Paragraph 17.3 shall not be construec as a substitute for a waiver of the provisions of any applicable statute of limitations or repose or an actual waiver of the provisions. 17.4 CULMULATIVE REMEDIES: 17.4.1 The cuties and obligations imposec by these General Conditions and the rights and remedies available hereunder to the parties hereto,and,in particular but without limitation,the warranties,guarantees and obligations imposed upon CONTRACTOR by Sections 6—Contractor's Responsibilities,Section 13—Test anc Inspections,Correction,Removal or Acceptance of Defective Work,Section 14—Payments to Contractor and Completion, and Section 15 — Suspension of Work and Termination, and all of the rights anc remecies available to the CITY anc CONSULTANT thereunder,are in addition to and are not to be construed in any way as a limitation of,any rights anc remedies available to any or all duties and obligations which are otherwise imposed or available by federal,state anc local laws or regulations,by special warranty or guarantee or by any other provisions of this paragraph shall be as effective as if repeatec specifically in the Contract Documents, and the provisions of this paragraph shall be as effective as if stated specifically in the Contract Documents in connection with each particular duty obligation, right and remedy. All representations warranties and guarantees mace in the Contract Documents shall survive final payment and termination of completion of the Contract. 17.5 ACCIDENT AND PREVENTION: 17.5.1 The safety provisions of applicable laws and building and construction codes shall be observed and the CONTRACTOR shall take or cause to be taken such acditional safety anc health measures as the Local Public Agency involved may determine to be reasonably necessary. Machinery, equipment and all hazares shall be guarded in accordance with the safety provisions of the"Manual of Accicent Prevention in Construction"as published by the Associated General Contractors of America, Inc.to the extent that such provisions are not in conflict with applicable laws. The CONTRACTOR shall maintain an accurate record of all cases of death, occupational diseases, or injury requiring medical attention or causing loss of time from Work, arising out of and in the course of employment on Work under the Contract. The CONTRACTOR shall promptly furnish the local public agency with reports concerning these matters. 17.6 FLORIDA PRODUCTS AND LABOR: 17.6.1 The CONTRACTOR shall comply with Florida Statutes§255.04,which requires that on public building contracts,Florida products and labor shall be usec whenever price anc quality are equal. 17.7 EMPLOYEES: 17.7.1 All labor cescribec in these specifications or indicatec on the Drawings and the Work specified or indicated shall be executed in a thoroughly substantial and workmanlike manner by mechanics skilled in the applicable trades. 17.7.2 Any person employec on the Project who fails,refuses,or neglects to obey the instructions of the CONTRACTOR in anything relating to this Project,or who appears to the CITY or CITY's Representative to be disorderly, intoxicated, insubordinate,or incompetent, shall upon the order of the CITY,be cischargec at once and will no longer be employed in any part of the Work. Any interference with, or abuse or threatening conduct toward the CITY, CONSULTANT, or their inspectors by the CONTRACTOR or its employees or agents, shall be authority for the CITY to annul the Contract and re-let the Project. No intoxicating substance shall be allowed at the Project Site. 17.8 NON-DISCRIMINATION: 17.8.1 The CONTRACTOR shall not discriminate against employees or applicants for employment because of race,creed,color,religion, sex,age, hancicappec status, disabilities, or national origin. Such action shall include but not be limited to the following: employment, upgrading, cemotion or transfer, recruitment advertising; layoff or termination, rates of pay or other form of compensation, anc selection for training including apprenticeship. The CONTRACTOR agrees to post in conspicuous places, available to employees and applicants for employment,notices setting forth the provisions of this non-discrimination clause. These provisions apply to all subcontractors and CONTRACTOR is responsible for the subcontractor compliance. 17.9 DRUG-FEE WORKPLACE: 17.9.1 The CITY requires all prospective CONTRACTORS to maintain a Drug-Free Workplace and have their Drug-Free Workplace policy posted in their offices anc available for inspection by the CITY. 17.10 PUBLIC ENTITY CRIMES. 17.10.1 Pursuant to Florica Statutes§287.133,as amenced,a person or affiliate who has been placed on the convicted vendor list fo Ilowing a conviction for a public entity crime may not submit a Bid on a contract to provide any goods or services to a public entity, may not submit a Bic on a contract with a public entity for the construction or repair of a public building or public work, may not submit Bids on leases of real property to a public entity,may not be awarded to perform work as a contractor,supplier,subcontractor, or consultant under a contract with any public entity in excess of the threshold amount provided in Florida Statutes§287.017 for Boynton Beach Utilities—Stormwater(CIPP)Lining BB Leisureville&Gateway Blvd GC 62 CATEGORY TWO or higher for a perioc of thirty-six(36)months from the date of being placed on the convicted vendor list. 17.11 ASSIGNMENT: 17.11.1 This Contract nor any monies due hereuncer,or any part thereof,shall not be assigned or transferred by CONTRACTOR without written consent of the party sought to be bounc. The CITY shall not be liable to any assignee or transferee of the Contract or any monies due hereunder without the previous written consent of the CITY,to the assignment or transfer. The CITY shall not release or discharge CONTRACTOR from any obligation hereunder. The CITY shall not approve an assignment or transfer unless the Surety on the Contract Performance anc Payment Bonds has informed the CITY in writing that it consents to the assignment or transfer. 17.12 VENUE: 17.12.1 This Contract shall be interpreted as a whole unit and section headings are for convenience only.All interpretations shall be governed by the laws of the State of Florida with venue lying in Palm Beach County,Florida. 17.13 FUNDING OUT: 17.13.1 It is necessary that fiscal funding out provisions be included in all Bids in which the terms are for periods longer than one year. Therefore,the following funding out provisions are an integral part of this Invitation to Bid and CONTRACTOR agrees that: 17.13.2 The CITY curing the contract period may terminate or discontinue the items covered in this Bid for lack of appropriated funds upon the same terms and conditions. 17.13.3 Such prior written notice shall state that the lack of appropriated funds is the reason for termination. 17.14 CITY's PURCHASING CARD: 17.14.1 The CITY has authorized use of a Purchasing Card to expedite small dollar purchases for materials,supplies and other items needec for daily operations. CONTRACTOR may be presented these Purchasing cards by authorized CITY personnel for the above mentionec purchases. 17.14.2 The CITY reserves the right to use the Purchasing Cards as an optional payment method to pay invoices for the project Work submitted by the CONTRACTOR. 17.15 DEBARMENT: 17.15.1 The CITY shall have the authority to cebar a person/corporation/contractor for cause for consideration of award of future contacts. The cebarment shall be for a perioc commensurate with the seriousness of the causes,generally not to exceed three(3)years. When the offense is willful or blatant,a longer term of debarment may be imposed,up to an indefinite period. 17.16 REQUIREMENTS FOR PERSONNEL ENTERING CITY PROPERTY: 17.16.1 Possession of firearms shall not be tolerated in or near CITY buildings. Nor shall violation of Federal, State and local laws and policies regarding Drug-Free Workplace be tolerated. Violators shall be subject to immediate termination. 17.16.2 "Firearm" means any weapon (including a starter gun or antique firearm)which is designed to,or may readily be converted to expel a projectile by the action of an explosive,the frame of receiver of any such weapon,any destructive device,or any machine gun. 17.16.3 No person who has a firearm in their vehicle may park their vehicle on CITY premises. 17.16.4 If any employee of CONTRACTOR or Sub-Contractor is found to have brought a firearm on CITY property, such employee must be terminated from the Project by the CONTRACTOR or Sub-Contractor. If the Sub-Contractor fails to terminate such employee, the Sub- Contractor's agreement with the CONTRACTOR for the CITY project shall be terminated. If the CONTRACTOR fails to terminate such employee or fails to terminate the agreement with the Sub-Contractor who fails to terminate such employee, the CONTRACTOR's agreement with the CITY shall be terminated. 17.17 PRODUCT RECALL: 17.17.1 In the event the CONTRACTOR receives notice that a product delivered by the CONTRACTOR to the CITY has been recalled, seizec,or embargoed,anc/or has been cetermined misbranded,adulterated,or found to be unfit for human consumption by a packer, processor,subcontractor, retailer,manufacturer,or by any state or federal regulatory agency,the CONTRACTOR shall notify the CITY's Procurement Services Division within two(2)business days of receiving such notice. The CITY's acceptance or failure to reject the affectec product as non-conforming shall not in any way impact,negate,or diminish the CONTRACTOR's duty to notify the CITY,CONSULTANT and CITY's Procurement Services Division that the affected product has been recalled,seized or embargoed, and/or has been ceterminec to be misbrandec,adulterated,or found to be unfit for human consumption. The form and content of such notice to the CITY shall incluce the name anc description of the affected product,the approximate date the affected product was deliverec to the CITY,the bid number,and relevant information relating to the proper handling of the affected product and/or proper disposition of the affected product by the CITY,if necessary to protect the health,welfare,and safety of CITY employees, anc any health hazards known to the CONTRACTOR which may be caused or created by the affected product. Boynton Beach Utilities—Stormwater(CIPP)Lining BB Leisureville&Gateway Blvd GC 63 17.17.2 The CONTRACTOR shall,at the option of the CITY's Procurement Services Division,either reimburse the purchase price or provi de an ecuivalent replacement product at no additional cost to the CITY. The CONTRACTOR shall be responsible for removal and/or replacement of the affected product within the time specified by the CITY,without causing significant inconvenience to the CITY. 17.17.3 At the option of the CITY,the CONTRACTOR may be required to reimburse storage,disposal and/or handling fees to be calculated from time of delivery and acceptance to actual removal or disposal. The CONTRACTOR shall bear all costs associated with the removal and proper disposal of the affected product. The failure to reimburse the purchase price and storage and/or handling fees or to removal and/or replace the affectec product with an equivalent replacement within the time specified by the CITY,without causing significant inconvenience to the CITY shall be considered a default of the Contract. 17.18 RIGHTS TO BID DOCUMENTS: 17.18.1 All copies and contents of any proposal, attachment, and explanation thereof submitted in response to this Invitation to Bic (except copyright material),shall become the property of the CITY of Boynton Beach. The CITY reserves the right to use,at its discretion,anc in any manner it deems appropriate,any concept, idea,technique or suggestion contained therein. All copyright anc industrial/commercial proprietary, conficential and/or privileged information such as financial records, must be clearly identified, as such confidentiality is protected until award of contract, in accordance with Florida Statutes,Chapter 119. Such material shall be returnec to the Bidders prior to award of contract so as to preserve the proprietary and confidential nature of its contents. 17.19 SEVERABILITY: 17.19.1 Indulgence by the CITY on any non-compliance by the CONTRACTOR does not constitute a waiver of any rights under this Invitation to Bic.If any term or provision of this Bid or resulting Contract,or the application thereof to any person or circumstances shall to any extent be held invalid or unenforceable,the remainder of this Bid or Contract,or the application of such terms or provisions to persons or circumstances other than those as to which it is held invalid or unenforceable,shall not be affected,and every other term provision of this Bic/Contract shall be deemed valid and enforceable to the extent permitted by law. 17.20 VERIFICATION OF EMPLOYMENT STATUS: 17.20.1 The CITY shall not intentionally award publicly-fundec contracts to any contractor who knowingly employs unauthorized immigrant workers,constituting a violation of the employment provisions contained in U.S. C. Section 1324a(e) (Section274A9e) of the Immigration anc Nationality Act(INA). The CITY shall consider the employment by any contractor of unauthorized aliens a violation by the recipient of the employment provisions contained in Section 274A(e)of the INA shall be grounds for unilateral cancellation of this Agreement by the CITY. 17.21 ABBREVIATIONS AND SYMBOLS: 17.21.1 Referencec Standares: Any reference to publishec specifications or standards of any organization or association shall comply with the recuirements of the specifications or standares which is current on the date of Advertisement of Bids. In case of a conflict between the referenced specifications or stancards,the one having the more stringent requirement shall govern. 17.21.2 In case of conflict between the referencec specifications or standards and the Contract Documents,the Contract Documents shall govern. 17.21.3 ABBREVIATIONS: AA Aluminum Association AAA American Arbitration Association AABC Associatec Air Balance Council AAMA Architectural Aluminum Manufacturer's Assoc. AASHO The American Association of State Highway Officials ABA American Bar Association ABMA American Boiler Manufacturer's Association ABPA Acoustical and Boarc Procucts Association ACI American Concrete Institute ACPA American Concrete Pipe Association AEIC Association of Edison Illuminating Companies AFBMA Anti-Friction Bearing Manufacturer's Assoc. AGA American Gas Association AGC Associatec General Contractors of America ALMA American Gear Manufacturer's Association AHA American Hardboard Association Boynton Beach Utilities—Stormwater(CIPP)Lining BB Leisureville&Gateway Blvd GC 64 Al The Asphalt Institute AIA American Institute of Architects AIA American Insurance Association AIEE American Institute of Electrical Engineers (Now IEEE) AIMA Acoustical and Insulating Materials Association AISC American Institute of Steel Construction AISI American Iron and Steel Institute AITC American Institute of Timber Construction AMCA Air Moving and Condition Association ANSI American National Standard Institute APA American Plywood Association API American Petroleum Institute APWA American Public Works Association AREA American Railway Engineering Association ARI American Refrigeration Institution ASA American Standards Association (NowANSI) ASAHC American Society of Architectural Hardware Consultants ASCE American Society of Civil Engineers ASHRAE American Society of Heating,Refrigeration and Air Conditioning Engineers ASME American Society of Mechanical Engineers ASSCBC American Standard Safety Code for Building Construction ASSHTO American Association of State Highway Transportation Officials ASTM American Society for Testing anc Materials AWG American Wire Gauge AWI Architectural Woccwcrk Institute AWPA American Wood Preserver's Association AWPB American Wooc Preserver's Bureau AWS American Welding Society AWWA American Water Works Association BHMA Builcers Hardware Manufacturer's Association BIA Brick Institute of America(Formerly,SCPI)CDA Copper Development Association CFS Cubic Feet Per Second CMAA Crane Manufacturers Association of America CRSI Concrete Reinforcement Steel Institute CS Commercial Stancard DHI Door and Hardware Institute DIPRA Ductile Iron Pipe Association DOT Spec Stancard Specification for Roac anc Bridge Construction, Florida Department of Transportation E/A Engineer anc/or Architect EDA Economic Development Association EEI Edison Electric Institute EPA Environmental Protection Agency FCI Fluic Control Institute FEC Florida East-Coast Railway FDER Florida Department of Environmental Regulation FDOT Florida Department of Transportation Fec Spec Federal Specification FPL Florida Power anc Light FPS Feet Per Second FS Federal Standards GA Gypsum Association GPM Gallons Per Minute HMI Hoist Manufacturer's Institute HP Horsepower HSBII Hartforc Steam Boiler Inspection anc Insurance Co.ID Inside Diameter IEEE Institute of Electrical anc Electronic Boynton Beach Utilities—Stormwater(CIPP)Lining BB Leisureville&Gateway Blvd GC 65 Engineers IFI Incustrial Fasteners Institute IPCEA Insulated Power Cable Engineers Association IPS Iron Pipe Size LWDD Lake Worth Drainage District MF Factory Mutual System MGD Million Gallons Per Day MHI Materials Handling Institute MIL Military Specifications MMA Monorail Manufacturer's Association NBFU National Board of Fire Underwriters NBHA National Builders'Hardware Association NBS National Bureau of Stancares NCSA National Crushed Stone Association NCSPA National Corrugated Steel Pipe Association NEC National Electrical Coce NECA National Electrical Contractors' Association NEMA National Electrical Manufacturer's Association NFPA National Fire Protection Association NLA National Lime Association NPC National Plumbing Code NPT National Pipe Threacs NSC National Safety Council NSF National Sanitation Foundation OD Outsice Diameter OSHA U.S. Department of Labor, Occupational Safety and Health Administration PCA Portlanc Cement Association PCI Pre-stressec Concrete Institute PS United States Procucts Standards PSI Pouncs per Scuare Inch PSIA Pouncs per Square Inch Atmosphere PSIG Pouncs per Scuare Inch Gauge SAE Society of Automotive Engineers SDI Steel Decks Institute SFWMD South Florida Water Management District SIGMA Sealed Insulating Glass Manufacturer's Association Sill Steel Joists Institute SMACNA Sheet Metal and Air Conditioning Contractor's National Association SSI Scaffolding anc Shoring Institute SSPC Steel Structures Painting Council SSPC Structural Steel Painting Council STA Station(100 feet) TAS Technical Aic Series TCA The Council America TDH Total Dynamic Heac TH Total Head UBC Uniform Building Code UL Underwriter's Laboratories,Inc. USACE United States Army Corps of Engineers USASI United States of American Stancares Institute 17.21.4 GENERAL ABBREVIATIONS AND ACRONYMS ACR Attenuation-to-Crosstalk Ration ADA Americans with Disabilities Act AFF Above finished floor ANSI American National Standards Institute ASTM American Society for Testing and Materials(ASTM International) AWG American Wire Gauge BD Building distributor(replacing main-cross connect and MDF as"building service"(room identifiers) Boynton Beach Utilities—Stormwater(CIPP)Lining BB Leisureville&Gateway Blvd GC 66 BICSIO Building Industry Consulting Service International,Inc. BTU British Thermal Unit CATV Community Antenna Television(Cable Television) CD Campus distributor(replacing main-cross connect and MDF as"campus-wide service"room identifiers). Also,compact disk for storage of audio or video information. dB Decibel EMT Electrical metallic tubing ENT Electrical non-metallic tubing EDPM Ethylene-polypropylene-diene membrane EF Entrance facility EIA Electronic Industries Alliance ELFEXT Equal Level Far End Crosswalk EMC Electromagnetic Compatibility EMI Electromagnetic Inference ER Equipment Room,Replacing"TR" FMC Flexible metallic conduit FCC Federal Communications Commission FD Floor Distributor(replacing network room,intermediate and horizontal cross-connect,and telecommunications as "building service" room identifiers). Also, Floor Drain as part of building plumbing system. FDDI Fiber Distribution Data Interface FEXT Far-End Crosstalk FOTP Fiber Optic Test Procedure Frec Frequency GE Ground equalizer(replacing TBBIBC)Gnd Ground HB Handbox, also hose bibb for water supply part of plumbing system HC Horizontal Cross-Connect(replaced by floor distributor"FD") HH Handhole HVAC Heating,Ventilation,and Air-Concitioning Hz Hertz IC Intermeciate Cross-Connect(replaced by"BD"or"FD" IEEE Institute of Electrical anc Electronics Engineers IMC Intermeciate metal concuit ISO International Organization for Standardization ISP Inside Cable Plant LFMC Licuidtight flexible metal conduit LFNC Licuidtight flexible non-metallic conduit Mbps Megabits per second MC Main Cross-Connect (replacec by campus distributor"CD") MDF Main Distributor Frame(replacec by"CD"or"BD") MER Main Equipment Room MH Maintenance Hole MHz Megahertz NBR Acrylonitrile-butadiene rubber NEC National Electric Safety Coce,C2-1997 NFPA National Fire Protection Association NDPES National Pollutant Discharge Elimination Systems NR Network Room OSHA Occupational Safety anc Health Acministration OCP Outside Cable Plant OTDR Optical Time Domain Reflectometer PR Pair RCDDO Registerec Communications Distribution Designer RFI Racio Frequency Interference RH Relative Humidity RNC Rigic nonmetallic conduit SM Single Mcce TBB Telecommunication Bonding Backbone TBBIBC Telecommunication Bonding Backbone Interconnecting Bonding Concuctor (replacec by ground equalizer"GE") TE Telephone Equipment (Wall Mounted Equipment Rack) TGB Telecommunications Grounding Buss Bar TIA Telecommunications lncustryAssociation TMGB Telecommunications Main Grounding Buss Bar Boynton Beach Utilities—Stormwater(CIPP)Lining BB Leisureville&Gateway Blvd GC 67 TR Telecommunications Room(being replacec with"ER") UL Underwriters Laboratory UPS Uninterruptible Power Supply WAO Work Area Outlet 17.21.5 UNITS OF MEASURE Weights arc Measures shall be identifec by Weights and Measures Division,NIST.,U.S. Department of Commerce, 100 Bureau Drive,Stop 2600,Gaithersburg,MD 20899-26. END OF SECTION Boynton Beach Utilities—Stormwater(CIPP)Lining BB Leisureville&Gateway Blvd GC 68 SPECIAL CONDITIONS STORMWATER CURED-IN-PLACE PIPE LINING BOYNTON BEACH LEISUREVILLE AND GATEWAY BOULEVARD (CIPP) RFQ No.: 057-2821 -16/TP ITB 03-CIPP-19/TP AW I , 17 Boynton Beach Utilities—Stormwater(CIPP)Lining BB Leisureville&Gateway Blvd Special Conditions 69 0 TABLE OF CONTENTS CURED-IN-PLACE PIPE LINING (CIPP) SPECIAL CONDITIONS SECTION 01000-GENERAL REQUIREMENTS SECTION 01010-SUMMARY OF PROJECT SECTION 01025- MEASURMENT AND PAYMENT PROCEDURES SECTION 01027-APPLICATION FOR PAYMENT SECTION 01041 - PROJECT COORDINATION SECTION 01065- PERMITS AND FEES SECTION 01110- ENVIRONMENTAL PROTECTION PROCEDURES SECTION 01200- PROJECT MEETINGS SECTION 01310- PROGRESS SCHEDULE SECTION 01340-SHOP DRAWINGS, WORK DRAWINGS AND SAMPLES SECTION 01505- MOBILIZATION SECTION 01540-SECURITY AND SAFETY PROCEDURES FOR INFRASTRUCTURE PROJECTS SECTION 01570- MAINTENANCE OF TRAFFIC SECTION 01600- MATERIALS AND EQUIPMENT SECTION 02322- DEWATERING AND DRAINAGE Boynton Beach Utilities—Stormwater(CIPP)Lining BB Leisureville&Gateway Blvd Special Conditions TOC-70 TABLE OF CONTENTS 0 SECTION 01000 - GENERAL REQUIREMENTS PART 1 -GENERAL and Execution Parts modify and supplement the General Requirements by detailed 1.01 DESCRIPTION requirements for the work and shall always govern whenever there appears to be a conflict. A. Scope of Work: The work to be done consists of the furnishing of all labor, materials and B. Intent: equipment, and the performance of all work included in this Contract. The summary of the 1. Work not specified in the Specifications, but Work is presented in Section SCO1010: involved in carrying out their intent or in the Summary of Project. complete and proper execution of the work, is required and shall be performed by the B. Work Included: Contractor as though it were specifically delineated or described. 1. The Contractor shall furnish all labor, superintendence, materials, plant power, 2. The silence of the Specifications as to any light, heat, fuel, water, tools, appliances, detail, or the omission from them of a detailed equipment, supplies, and means of description concerning any work to be done and construction necessary for proper materials to be furnished, shall be regarded as performance and completion of the work. meaning that only the best general practice is to The Contractor shall perform and complete prevail and that only material and workmanship the work in the manner best calculated to of the best quality is to be used, the promote rapid construction consistent with interpretation of these Specifications shall be safety of life and property and to the made upon that basis. satisfaction of the Consultant,and in strict accordance with the Contract Documents. 1.03 MATERIALS AND EQUIPMENT The Contractor shall clean up the work and maintain it during and after construction, A. Manufacturer: until accepted, and shall do all work and pay all costs incidental thereto. The 1. All transactions with the manufacturers or CONTRACTOR shall repair or restore all subcontractors shall be through the Contractor. structures and property that may be damaged or disturbed during performance 2. Any two (2) or more pieces of material or of the work. equipment of the same kind, type or classification,and being used for identical types 2. The cost of incidental work described in of service, shall be made by the same these Contract Requirements, for which manufacturer. there are no specific Contract Items, shall be considered as part of the general cost B. Delivery: of doing the work and shall be included in the prices for the various Contract Items. 1. The Contractor shall deliver materials in ample No additional payment will be made quantities to insure the most speedy and aforementioned incidental work. uninterrupted progress of the work so as to complete the work within the allotted time. 3. The Contractor shall provide and maintain such modern plant, tools, and equipment 2. The Contractor shall also coordinate deliveries as may be necessary, in the opinion of the in order to avoid delay in,or impediment of,the Consultant,to perform in a satisfactory and progress of the work of any related Contractor. acceptable manner all the work required by this Contract. Only equipment of 1.04 INSPECTION AND TESTING established reputation and proven efficiency shall be used. The Contractor A. General: shall be solely responsible for the adequacy of its workmanship, materials, 1. For tests specified to be made by the and equipment. Contractor, the testing personnel shall make the necessary inspections and tests 1.02 CONTRACT DOCUMENTS and the reports thereof shall be in such form as will facilitate checking to determine A. The Technical Specifications consist of three(3) compliance with the Contract Documents. parts: General, Products and Execution. The Five (5) copies of the reports shall be General part of a Specification contains General submitted and authoritative certification Requirements which govern the work. Products thereof must be furnished to the Boynton Beach Utilities—Stormwater(CIPP)Lining BB Leisureville&Gateway Blvd SCO1000-71 GENERAL REQUIREMENTS 0 Consultant as a prerequisite for the D. Start up Tests acceptance of any material or equipment. 1. As soon as conditions permit, the Contractor 2. If,in the making of any test of any material shall furnish all labor, materials, and or equipment, it is ascertained by the instruments and shall make start-up tests of Consultant that the material or equipment equipment. does not comply with the Contract Documents,the Contractor will be notified 2. If the start-up tests disclose any equipment thereof and he will be directed to refrain furnished under this Contract which does not from delivering said material or equipment, comply with the requirements of the Contract or to remove it promptly from the site or Documents, the Contractor shall, prior to from the work and replace it with demonstration tests, make all changes, adjustments and replacements required. The acceptable material, without cost to the furnishing Contractor shall assist in the start-up CITY. tests as applicable. 3. Tests of electrical and mechanical 1.05 CARE AND PROTECTION OF PROPERTY equipment and appliances shall be conducted in accordance with the The Contractor shall be responsible for the recognized federal,state and local law test preservation of all public and private property, and codes and manufacturer recommendation. shall use every precaution necessary to prevent damage thereto. If any direct or indirect damage is B. Costs: done to public or private property by or on account of any act, omission, neglect, or misconduct in the 1. All inspection and testing of materials furnished execution of the work on the part of the Contractor, under this Contract will be provided by the such property shall be restored by the contractor, at Contractor, unless otherwise expressly his expense, to a condition similar or equal to that specified. existing before the damage was done, or he shall make good the damage in other manner acceptable 2. Materials and equipment submitted by the to the Consultant. Contractor as the equivalent to those specifically named in the Contract may be 1.06 MEASUREMENT AND PAYMENT tested by the CITY for compliance. The Contractor shall reimburse the CITY for the Payments will be made on completion of each phase expenditures incurred in making such tests of of the Work and acceptance by the CITY shall be materials and equipment which are rejected for made pursuant to this Contract. non-compliance. 1.07 WORKING HOURS: C. Certificate of Manufacture: 1. Working on this Contract shall be 1. Contractor shall furnish Consultant authoritative conducted during normal working hours (7:00 evidence in the form of Certificate of AM to 5:00 PM)on weekdays.Unless otherwise Manufacture that the materials to be used in the authorized in writing by the Project Manager, work have been manufactured and tested in no work shall be performed on weekends, on conformity with the Contract Documents upon City observed holidays or between 5 00 PM and 7:00 AM on weekdays. Project completion. 2. Construction observation and/or inspection 2. These certificates shall be notarized and shall services needed beyond normal working hours include copies of the results of physical tests as defined above shall be paid for by the and chemical analyses, where necessary, that Contractor at an hourly rate of$100.00 for each have been made directly on the product or on inspector providing such services. similar products of the manufacturer. PART 2- PRODUCTS(NOT USED) PART 3- EXECUTION(NOT USED) END OF SECTION Boynton Beach Utilities—Stormwater(CIPP)Lining BB Leisureville&Gateway Blvd SC01000-72 GENERAL REQUIREMENTS 0 SECTION 01010-SUMMARY OF PROJECT RESTORATION OF SURFACE IMPROVEMENTS. PART 1 -GENERAL 1.01 WORK COVERED BY CONTRACT DOCUMENTS/REQUIREMENTS INCLUDED 1.02 RELATED REQUIREMENTS The work under this project consists of: The CITY of Boynton Beach is seeking Bids for the services A. Section SC01025: Measurement and of our Pre-qualified contractors for the installation of Payment cured-in-place pipe liner using a resin-impregnated flexible tube method that is formed to the original B. Construction Facilities and Temporary conduit by use of a hydrostatic head. This Scope of Controls: Section SC01500 Work for this specific Cured in Place Pipe Lining shall include,but is not limited to: 1)Cured in Place C. Restoration of Surface Improvements: Pipe Lining installation of 160 linear feet of an Section SCO2960 existing 24-inch diameter CMP storm drain pipe at 1714 SW 16'h Street.2)Cured in Place Pipe Lining 1.03 CONTRACTS installation of 126 linear feet of an existing 30-inch diameter CMP storm drain pipe at 1515 SW 22nd A. Construct the Work in accordance with Street. 3)Cured in Place Pipe Lining installation of Section SC01025: Measurement 281 linear feet of an existing 54-inch diameter CMP and Payment Procedures. storm drain pipe at 1050 Gateway Blvd. The work also includes, but is not limited to furnishing all 1.04 CONTRACTOR'S USE OF SITE/PREMISES labor, materials,equipment, maintenance of traffic, by-pass pumping, removal and disposal of A. Contractor shall limit their use of the accumulated debris, site cleanup, restoration, and premises for Work and storage, to the areas all incidentals as required to complete the work.All designated. work will be completed in accordance to the technical specifications. B. Coordinate use of premise under direction of CITY and/or Consultant. A. The work also includes, but is not limited to furnishing all labor, materials, C. Assume full responsibility for the protection equipment, maintenance of traffic, by-pass and safekeeping of Products under this pumping, removal and disposal of Contract,stored on the site. accumulated debris,site cleanup, restoration, and all incidentals as required to complete the D. Move any stored Products, under work. All work will be completed in Contractor's control, which interfere with accordance to the technical specifications. operations of the CITY,other contractors or the C. Omission of a specific item or component of a public. system obviously necessary for the proper 1.05 SAFETY AND OSHA COMPLIANCE functioning of the equipment or system shall not relieve the Contractor of the responsibility A. The Contractor shall comply in all respects of furnishing the item as part of the work at with all Federal, State and Local safety and no additional expense to the Owner. health regulations. Copies of the Federal regulations may be obtained from the U.S. D. Except as specifically noted elsewhere, Department of Labor, Occupation Safety and Contractor(s)shall provide and pay for all labor, Health Administration (OSHA), Washington, materials, equipment, tools, construction DC 20210 or their regional offices. equipment and machinery, transportation, water, heat, utilities, and temporary facilities B. The Contractor shall comply in all respects necessary for the proper execution and with the applicable Workman's Compensation completion of work. Laws. E. Concurrent with the installation of the water PART 2—PRODUCTS main, drainage or sanitary sewer improvements and when shown on the 2.1 All materials are to be MADE IN THE UNITED project construction drawings, the work STATES OF AMERICA. Allowable exceptions are includes swale development and ductile iron fittings supplied by American Cast Iron improvements on both sides of the streets in Pipe Company from Brazil, Sigma Corporation from the project area. Work includes re-grading, China, and Star-Pipe Products from the United driveway apron reconstruction and all surface States and China; and Electronic Marking System restoration. (EMS)full-range makers by 3M from Mexico. F. Restoration shall immediately follow the 2.2 SALVAGED MATERIALS acceptance of required system testing and be performed as required by Section 02960 Boynton Beach Utilities—Stormwater(CIPP)Lining BB Leisureville&Gateway Blvd SC01010-73 SUMMARY OF PROJECT 0 In the absence of special provisions to the 6. Local Phone Number of Contractor's Contract, salvaged materials, equipment or Representative supplies that occur are the property of the CITY and shall be cleaned, stored and delivered to the The CITY must approve the Contractor's CITY as directed by the CITY's Project Manager. notification prior to issuance. Contractor must submit Contractor's Notification to CITY and CONSULTANT in writing within one (1)week 2.3 CERTIFIED CHEMICALS prior to working in public Right-Of-Ways (ROW) or easements affecting for adjoining The Contractor shall use U.S. Department of property owner's property. Agriculture certified chemicals only during performance of all work under this contract. All C. The Contractor shall, prior to the chemicals used during project construction or removal of any fences, erect temporary furnished for project whether herbicide, pesticide, fences to secure the owner's property.These disinfectant, polymer, reactant or other temporary fences shall be of 4' high woven classification, must show approval of either EPA or wire(2" x 4" grid), on the T line post 10' on USDA and be accompanied by an MSDS. Use of centers. These fences shall run along the all such chemicals and disposal of residue shall be easement line and will remain in place until in strict conformance with manufacturer's the permanent fence is re-erected. instructions. PART 3—EXECUTION D. The Contractor shall not start major construction activities, such as pipeline and 3.1 CONTRACTOR SUPERVISION structure excavations, or preparation for major activities, such as setting wellpoints A. As required by the Contract Documents, the and header pipe, just prior to extended Contractor's Project Representative holiday periods such as the typical week (Superintendent) shall be on site at all times taken off at the end of each year. and actively engaged in controlling and coordinating all on site project activities 3.3 NPDES COMPLIANCE including direction and oversight of self- performed and subcontractor work activities. A. Prior to the commencement of work, the Contractor must obtain the permit coverage B. The Superintendent/Contractor's Project for stormwater discharge from large and Representative shall have the full authority to small construction activities and must receive instructions to execute the orders or implement appropriate pollution prevention directions of the CITY and Consultant. techniques and SWPPP to minimize erosion and sedimentation to properly manage the 3.2 GENERAL stormwater runoff. The Contractor shall prepare a NPDES Site Plan including A. The Contractor shall, prior to entering any sketches and Best Management Practice section, prepare Pre Construction video and procedures for review and comment from the digital photographs, in accordance with Project Manager. The NPDES Site Plan shall Section 01390 VIDEO SITE SURVEY, of include the control of stormwater,ground water each property and Right-of-Way (ROW) and subsurface water during dewatering areas to determine existing site conditions. operations. Together the video and photographs will provide the basis for the condition of (DEP adopted Rule 62-621.300 (4), restoration required in Section 02960 F.A.C., with specific provisions for RESTORATION OF SURFACE requesting permit coverage for the IMPROVEMENTS. management of stormwater discharge from large and small construction B. The Contractor shall notify all property activities.) owners/residents forty-eight(48)hours prior to working in public Rights-of-Way or B. The permit coverage for construction easements affecting or adjoining their activities is to be obtained by submitting DEP properties. Notification shall be by hand- form 62-621.300 (4) (b) Notice of Intent (NOI) delivered flyer that shall contain the following to Use Generic Permit for Stormwater information: Discharge from Large and Small Construction Activities and by preparing and implementing 1. Project Name a Stormwater Pollution Prevention Plan (SWPPP). After construction is complete, 2. Date of Commencement Notice of Termination (NOT) to discontinue the permit coverage is to be submitted by 3. Description of work utilizing form 62-621.300(6). 4. Name of contractor C. For additional information contact NPDES Stormwater Section at: 5. Name of Contractor's Representative Florida Department of Environmental Boynton Beach Utilities—Stormwater(CIPP)Lining BB Leisureville&Gateway Blvd SC01010-74 SUMMARY OF PROJECT 0 Protection Tallahassee, FL 32399-2400 D. Existing Utility Lines to be Retained:Contractor (850)921-9904 shall repair damaged lines that are not shown on drawings, or locations of which are not known to 3.4 PROTECTION OR REMOVAL OF UTILITY LINES Contractor in sufficient time to avoid further damage. E. Uncharted or incorrectly charted underground utilities that A. Prior to construction the Contractor shall are discovered during construction shall be incorporated Locate for physical location,elevation and into the project As-Builts with vertical and horizontal coordinates. Dimensions and adequately uncover existing utilities, (within the path of its proposed work), F. Prior to commencement of any excavation, the to determine possible conflicts. By starting Contractor shall comply with Florida Statute 553.851 for underground constructions,the Contractor has the protection of underground gas lines and underground agreed that it is fully responsible for all telecommunication lines. damages and/or delays that may arise from not having adequately locating the underground utilities. This applies to underground utilities that are shown on the project construction END OF SECTION drawings and those that have been physically marked in the field by the various locating organizations or agencies. B. Information provided on the plans may be used as an approximate guide to assist the Contractor; however, the Contractor shall rely on actual field investigation to assure that all of the existing utilities are accurately located prior to commencement of its work. C. Existing structures reflect the best available information, but it shall be the Contractor's responsibility to acquaint itself with all information and to avoid conflict with existing conditions. Contractor shall protect all existing utility lines that are to be retained, or utility line constructed during excavation operations, from damage during excavation and backfilling; if damaged, repair at Contractor's expense. Boynton Beach Utilities—Stormwater(CIPP)Lining BB Leisureville&Gateway Blvd SC01010-75 SUMMARY OF PROJECT 0 SECTION 01025 - MEASUREMENT AND PAYMENT PROCEDURES PART 1 GENERAL that his proposal for the project does reflect his total price for completing 1.01 GENERAL the work in its entirety. A. The Contractor shall receive 1.02 MEASUREMENT and accept the compensation provided in the Bid and the A. The quantities for payment under Contract as full payment for this Contract shall be determined by furnishing all materials, labor, actual measurement of the tools and equipment, for completed items, in place, ready for performing all operations service and accepted by the CITY, in necessary to complete the work accordance with the applicable under the Contract, and also in method of measurement therefore full payment for all loss or contained herein. damages arising from the nature of the work, or from any 1.03 AUTHORITY discrepancy between the actual quantities of work and A. Measurement methods delineated in quantities herein estimated by the FDOT Standard Specifications for the CONSULTANT, or from the action of the elements or from Road and Bridge Construction 2000 any unforeseen difficulties Edition,or the individual specification which may be encountered sections complement the criteria of during the prosecution of the this section. In the event of conflict, work until the final acceptance the Contractor shall notify the CITY in by the CITY. writing. In determining the resolution, the CITY shall consider the B. The prices stated in the Bid requirement of the individual include all costs and expenses specification section, FDOT for taxes, labor, equipment, requirements and this Section. materials, commissions, transportation charges and B. Any requirements of the Contract expenses, patent fees and Documents, i.e., technical royalties, labor for handling materials during inspection, specifications or project construction together with any and all other drawings for which the method of costs and expenses for payment is not explicitly defined are performing and completing the considered to be incidental costs and work as shown on the Drawings should be included in other pay items and specified herein. The basis as appropriate. of payment for an item at the unit price shown in the proposal 1.04 RELATED SECTIONS: shall be in accordance with the description of that item in this A. Testing Allowance Section. C. The Contractor's attention is B. Applications for Payments: Section again called to the fact that the SC1027 quotations for the various items of work are intended to C. Shop Drawings, Working Drawings, establish a total price for and Samples—Section SC01340 completing the work in its entirety. Should the Contractor D. Schedule of Values: Section feel that the cost for any item SCO1370 of work has not been established by E. Change Order Procedures: Section the Bid Form or Payment Items, he SC01153 shall include the cost for that work in F. Field Engineering:Section SCO1050 some other applicable bid item, so Boynton Beach Utilities—Stormwater(CIPP)Lining BB Leisureville&Gateway Blvd SCO1025-76 MEASUREMENT AND PAYMENT PROCEDURES 0 G. Record Drawing Requirements — the testing and/or Section SCO1705 inspecting firm's invoice and copies of the Test H. Testing Specific Utility Systems Reports with next Application for Payment to 1. Refer to Section 02513 the CITY. POTABLE WATER AND RECLAIMED WATER b. Reimbursement to the DISTRIBUTION SYSTEMS for Contractor upon proof of applicable and specific payment (to the testing requirements. Contractor is and/or inspecting firm) on responsible for all testing costs approval by the associated with these systems. CONSULTANT. 1.05 ALLOWANCES B. When other allowances, such as NPDES permit and/or SFWMD A. When a Testing Allowance is dewatering permit application fees, identified on the Schedule of Bid or coordination with FP&L/AT&T/ Items,the following applies: Comcast or other utility are identified on the Schedule of Bid Items, the 1. Costs in Testing Allowance following applies: includes engaging a certified, testing agency; execution of 1. Only those items qualified for tests; and reporting results as CITY reimbursement shall be approved by the CITY and considered. All items shall have CONSULTANT. written, advance approval of the CITY. 2. Costs not included in the Testing Allowance: 2. Payment Procedures: a. Costs of testing services a. Submit two (2) copies of used by Contractor the agreed invoicing format separate from Contract with proof of payment (as Document requirements applicable) with next Application for Payment. b. Testing agency's stand-by time. 1.06 SCHEDULE OF VALUES c. Costs of retesting upon A. Submit Schedule of Values at the failure of previous tests as Pre-Construction Meeting. determined by the CONSULTANT. B. The Schedule of Values shall be a computer generated original. When 3. Only those items qualified for the Contractor's proposed Schedule CITY's reimbursement shall be of Values is accepted by the CITY, it considered. Such items may shall become the basis for the include water quality testing of Application for Payment. dewatering activities, C. Contractor shall only revise the geotechnical, concrete strength accepted Schedule of Values to cylinders, special compaction identify, as separate line items and proctor testing, etc. All approved on a Field Order or predetermined items shall have Change Order. The CITY may issue written, advance approval of the a Field Order substituting or CITY. modifying Schedule of Value items. 4. Payment Procedures: 1.07 APPLICATIONS FOR PAYMENT a. Submit two (2) copies of A. Submit One (1) original Application Boynton Beach Utilities—Stormwater(CIPP)Lining BB Leisureville&Gateway Blvd SCO1025-77 MEASUREMENT AND PAYMENT PROCEDURES 0 for Payment (AFP) to the CITY for D. When existing Right-Of-Way(ROW) review, authorization and irrigation must be disturbed due to processing. pipeline installation or swale development, any existing irrigation B. Content and Format: Utilize lines shall be marked on the Schedule of Values for listing items Contractors drawings prior to or at in Application for Payment outlining the time of temporary cutting-&- the following: capping. The replacement of existing irrigation in the Public Right- 1. Provide a column for each of the Of-Way as the result of pipeline following: installation or swale development is NOT a pay item. Replacement of a. Item Number existing ROW irrigation shall be incidental to the Unit Price of the b. Item Description pipeline or swale development. c. Quantity 1.08 MEASUREMENT OF AND PAYMENT FOR WORK d. Unit of measurement e. Scheduled Value A. Monthly Payments to the Contractor. The Contractor shall f. Change Orders plan its work for construction on the basis of twelve (12) monthly pay g. Work Completed: periods per year. So long as the 1. Previous Period work is prosecuted in compliance (Quantity and Value) with the provisions of the Contract, 2. This Period (Quantity the Contractor will, on or about the and Value) last day of the pay period, make an approximate estimate,in writing on a h. To Date (Quantity and form approved by the CITY of the Value) proportionate value of the work done, items, and locations of the i. Percentage of Completion work performed up to and including the last day of the period then j. Balance to Finish ending. The CONSULTANT will then review such estimate and make k.. Retainage the necessary recommendations to the Contractor for revision. The NOTE: There is no column for Contractor shall revise the "Materials Stored", the CITY Application for Payment and does not pay for items ordered resubmit to the CONSULTANT for and/or stored on site. As review and Certification. Redlined defined later in this Section, Applications for Payment will not Payment for pay items are paid be accepted by the CITY. If the for once the item is installed, Contractor and the CONSULTANT measured in place, completed do not agree on the approximate and accepted. estimate of the proportionate value of the work done for any pay period, C. Application for Final Payment must the determination of the be marked FINAL. Contractor must CONSULTANT shall be binding. include in the FINAL AFP package, The amount of such estimate after proof of payment and final deducting ten percent(10%) and all settlement with the CITY with previous payments,shall be due and regards to any temporary and/or payable to the Contractor in construction water meters used accordance with the Florida Prompt during the course of the project. Payment Act, §218.70 Florida Statutes, as may be amended from time to time. Boynton Beach Utilities—Stormwater(CIPP)Lining BB Leisureville&Gateway Blvd SCO1025-78 MEASUREMENT AND PAYMENT PROCEDURES 0 the required quantities at the B. Substantiating Data: When the unit sum/prices contracted. CONSULTANT requires substantiating information, D. Payment Includes: Full Contractor shall submit data compensation for required labor, justifying quantities and dollar products,tools,equipment,facilities, amounts in question. Contractor transportation, services and shall provide three(3)copies of data incidentals; erection; application or with cover letter for each copy of installation of an item of the Work; submittal showing application and overhead and profit. number and date, and line item by number and description. E. Final payment for Work governed by unit prices will be made on the basis 1.09 MEASUREMENT AND PAYMENT - of the actual measurements and UNIT PRICES quantities accepted by the CONSULTANT and CITY, multiplied A. Measurement methods delineated in bythe unitsum/price for Work,which individual specification sections is incorporated in or made complement criteria of this section. necessary by the Work. In event of conflict, requirements of individual specification section 1.10 Measurement of Quantities: govern. A. Weigh Scales: Inspected,tested and B. Contractor shall take daily and certified by the applicable State of weekly measurements and compute Florida Weights and Measures quantities. The Contractor shall department within the past year. review and sign these daily and weekly measurements with the B. Platform Scales: Of sufficient size CONSULTANT. The and capacity to accommodate the CONSULTANT shall also sign-off on conveying vehicle. the weekly measurement sheets indicating the CONSULTANT's C. Metering Devices: Inspected, tested progressive concurrence with the and certified by the applicable State quantities. The Contractor shall of Florida Weights and Measures transmit the signed-off weekly Department within the past year. measurement sheets to the CONSULTANT. These D. Measurement by Weight: Concrete measurement sheets shall be used reinforcing steel rolled or formed to form the basis of the quantities steel or other metal shapes will be claimed on the Application For measured by handbook weights. Payment. Welded assemblies will be measured by handbook or scale C. Unit Quantities weight. 1. Quantities indicated in the E. Measurement by Volume: Measured Schedule of Bid Items are for by cubic dimension using mean bidding and contract purposes length, width and height or only. Quantities and thickness. measurements supplied or placed in the Work and verified F. Measurement by Area: Measured by by the Consultant and CITY square dimension using mean determine payment. length and width or radius. 2. If the actual Work requires more G. Linear Measurement: Measured by or fewer quantities than those linear dimension, at the item quantities indicated in the bid centerline. Minor offsets (less than items, Contractor shall provide a total of five (5) feet) will not be measured for payment. Boynton Beach Utilities—Stormwater(CIPP)Lining BB Leisureville&Gateway Blvd SCO1025-79 MEASUREMENT AND PAYMENT PROCEDURES 0 Measurement shall be along the secured by either the Owner or horizontal axis at finished grade. Contractor. H. Stipulated Sum/Price Measurement: 2. MOT plans shall be required for Items measured by weight, volume, work within City of Boynton Beach area, or linear means or R-O-W. combination, as appropriate, as a completed and accepted item or unit 3. Audio Video Documentation shall of the Work. be performed pre and post construction as specified in I. Payment for Work does not indicate Special Conditions SCO1390 acceptance. Work items previously VIDEO AND PHOTOGRAPHIC paid for may require additional work SITE SURVEY. effort to bring them into compliance with the requirements of the specific 4. The cost of bonds, permits, technical specifications and/or required insurance and any other project drawings. pre-construction expense necessary for the start of the work 1.11 UNIT OF MEASURE — SCHEDULE OF shall also be included in the BID PRICES General Conditions. A. Payment for furnishing and installing E. NPDES Compliance—Bid Item No. those items cited in the Schedule of Bid Items and subsequent Schedule 1. Payment for NPDES compliance of Values is noted herein. If"remove shall include the preparation of the and replace" is indicated on the NPDES Plan, development and project construction drawings (by compilation of the BMPs, site either annotation or line weight), implementation and then the item descriptions below documentation of inspections. include the removal and proper disposal of the existing items. 2. Contractor shall refer to the Schedule of Bid Items for B. Bid Item No. instructions on the method of calculation for this Pay Item. Any bidder who enters an amount C. Bid Item No. greater than the 1.5% limit for this pay item may be disqualified and the CITY and Consultant may not D. Mobilization/Demobilization, Bonds, evaluate their bid proposal. This Insurance & General Requirements — cost shall be shown on the Bid Items No. Schedule of Values. 1. Payment for the General 3. Partial payments for the NPDES Conditions shall be made per item compliance shall be made in and shall be full compensation for accordance with the following preparatory work and operations schedule: in mobilizing and demobilizing for the project including but not Percent of Original Allowable percent of limited to, those operations Contract Amount NPDES Compliance necessary for the movement of Earned personnel, equipment, supplies 10 10 and incidentals to and from the 25 25 project site, Maintenance of 50 50 Traffic, for establishment of 75 No additional payment temporary offices, buildings, Final Payment 100 safety equipment, sanitary and other facilities and compliance with permit conditions for permits F. Record Drawings—Bid Item No. Boynton Beach Utilities—Stormwater(CIPP)Lining BB Leisureville&Gateway Blvd SCO1025-80 MEASUREMENT AND PAYMENT PROCEDURES 0 1. Payment for Record Drawings shall be made at the Contract lump sum price and shall be full compensation for preparation and maintenance of the Record Drawings as specified in technical specification 01340 SHOP DRAWING REQUIREMENTS and the requirements of this Special Conditions. 2. Partial payments for the Record Drawings shall be made in accordance with the following schedule: Percent of Original Contract Allowable percent of Lump Amount Earned Sum Price For Record Drawings 10 10 25 25 50 50 75 75 Final Payment 100 3. Contractor shall submit updated As-Built Drawings(1 hard copy set and 1 electronic copy in PDF)with each Pay Application Request. G. Indemnification—Bid Item No. 1. Payment under this item is in accordance with of the Front-End Contract Documents. 2 PART 2 PRODUCTS Not Used. 3 PART 3 EXECUTION Not Used. *SPECIAL NOTE: The CITY retains the option to utilize up to 20% of the excess material from excavation and trenching operations. If the CITY exercises this option, Contractor shall stockpile the excess material and deliver to the CITY's facility as directed by the CITY's Representative. END OF SECTION Boynton Beach Utilities—Stormwater(CIPP)Lining BB Leisureville&Gateway Blvd SCO1025-81 MEASUREMENT AND PAYMENT PROCEDURES 0 SECTION 01027 -APPLICATIONS FOR PAYMENTS PART 1 -GENERAL 3. Execute certification with signature of a responsible 1.01 DESCRIPTION officer of Contract firm. A. Scope of Work: Submit Applications B. Continuation Sheets: for Payment to the CONSULTANT in accordance with schedule 1. Fill in total list of all scheduled established by Conditions of the component items of work, with Contract and Agreement between item number and scheduled CITY and Contractor. dollar value for each item. B. Related requirements described 2. Fill in dollar value in each elsewhere: column for each scheduled line item when work has been 1. Agreement: performed. Round off values to nearest dollar, or as specified 2. Application for Payment Form. for Schedule of Values. 3. Progress Schedules: Section 3. List each Change Order SC01310. executed prior to date of submission, at the end of the 4. Schedule of Values: Section continuation sheets. List by SCO1370 Change Order Number, and description, as for an original 5. Construction Photographs: component item of work. Section SC01380. 4. As provided for in the 6. Contract Closeout: Section "Application for Payment" form, SC01700. the Contractor shall certify, for each current pay request, that 7. Project Record Documents: all previous progress payments Section SC01720. received from the CITY, under this Contract, have been 1.02 FORMAT REQUIRED applied by the Contractor to discharge in full all obligations A. Submit applications typed on form of the Contractor in connection acceptable to CITY, Documents with Work covered by prior (Application for Payment Form),with Applications for Payment, and itemized data typed on 8-1/2 inch x all materials and equipment 11 inch or 8-1/2 inch x 14-inch white paper continuation sheets. incorporated into the Work are free and clear of all liens, 1.03 PREPARATION OF APPLICATION FOR claims, security interest and EACH PROGRESS PAYMENT encumbrances. Contractor shall attach to each Application A. Application Form: for Payment like affidavits by all subcontractors. 1. Fill in required information, including that for Change 1.04 SUBSTANTIATING DATA FOR Orders executed prior to date of PROGRESS PAYMENTS submittal of application. A. Contractor shall submit suitable 2. Fill in percent complete for each information, with a cover letter activity and dollar value to agree identifying: with respective percents. 1. Project. 2. Application number and date. 3. Detailed list of enclosures. Boynton Beach Utilities—Stormwater(CIPP)Lining BB Leisureville&Gateway Blvd SCO1027-82 APPLICATIONS FOR PAYMENT 0 instructions. Otherwise, the B. Submit one (1) copy of data and Contractor shall prepare and submit cover letter for each copy of to the CITY or CONSULTANT an application. invoice in accordance with the estimate as approved. CITY will pay C. The Contractor is to maintain an Contractor, in accordance with updated set of drawings to be used Florida Prompt Payment Act, as record drawings in accordance §218.70,Florida Statutes,as may be amended from time to time. with Section SCO1720: Project Record Documents. As a C. Each Application For Payment shall prerequisite for monthly progress be accompanied by an updated payments, the Contractor is to project schedule (three-week ahead submit the updated record drawings schedule) along with the for review by the CITY and the Construction/Progress photographs CONSULTANT. and Project Record Drawings in accordance with Section SCO1720: D. Each monthly application for PROJECT RECORD DOCUMENTS payment shall incorporate the and SCO1380: CONSTRUCTION corresponding "monthly progress PHOTOGRAPHS or as directed by status report" prepared per the the CITY. Any Application For requirements of Section SCO1310: Payment that is received without Progress Schedules. these items will be returned to the Contractor without review. E. Contractor shall submit a duly executed letter from surety D. The Contractor shall prepare a consenting to payment due and schedule of values by phases of progress to date. work to show a breakdown of the Contract Sum corresponding to the F. Provide construction photographs in payment request breakdown and accordance with Section SC01380: progress schedule line items. The Construction Photographs. schedule of values must also show dollar value for each unit of work 1.05 PROGRESS PAYMENT PROCEDURES scheduled. Approved Change Order items shall be added as A. The Contractor will prepare and separate line items. submit four (4) original monthly invoices for work completed during the one-month period. Application E. Prior to initial payment request, the For Payment shall be submitted in Contractor shall submit the following the format of the sample form documents to the CITY and provided by the CITY. All Consultant for their review and information must be completed for approval: the pay application to be accepted. CITY's purchase order number for 1. List of principle subcontractors the project must be placed on each and suppliers. application. The Application for Payment must be submitted at least 2. Schedule of values. three (3) days in advance in an electronic format for review by the 3. Shop drawing log. CITY and CONSULTANT for approval. Redlined Applications for Payment will not be accepted 4. Project schedule. by the CITY. 1.06 PREPARATION OF APPLICATION FOR B. If the Application for Payment and FINAL PAYMENT support data are not approved, the Contractor is required to submit new, A. Fill in Application form as specified revised or missing information for progress payments. Provide according to the CONSULTANT's information as required by the Boynton Beach Utilities—Stormwater(CIPP)Lining BB Leisureville&Gateway Blvd SCO1027-83 APPLICATIONS FOR PAYMENT 0 General Conditions and Section SCO1700: Contract Closeout. PART 2-PRODUCTS (NOT USED) B. Furnish evidence of completed PART 3-EXECUTION operations insurance in accordance with the General Conditions. 3.01 Upon receipt by CONSULTANT and CITY of Contractor's written Notice of C. Provide Final Release of Lien and Final Completion of its work under this other closeout submittals as Contract, CONSULTANT and CITY shall required by the General Conditions. verify all work has been completed on the project. When all work has been verified 1.07 SUBMITTAL PROCEDURES as complete, and the Contractor submits the items listed below, the Contractor A. Submit Applications for Payment to may submit a final Application For the CITY at the time stipulated in the Payment: Agreement. Review the percents complete with the CONSULTANT A. Complete work listed as incomplete and resolve any conflicts or at the time of Substantial Completion discrepancies. and obtain CONSULTANT certification of completed Work. B. Number of copies for each Final Application for Payment: B. Provide copy of records indicating notification to all subcontractors and 1. CITY: Two(2)copies. material suppliers of Contractor's Performance and Payment Bonds. 2. CONSULTANT: One (1)copy C. Transfer operational, access, 2. Contractor: As required for its security and similar provisions to needs. CITY; remove temporary facilities, tools and similar items. C. When the CONSULTANT finds Application properly completed and END OF SECTION correct, it will transmit the certificate for payment to the CITY, with copy for the Contractor. Boynton Beach Utilities—Stormwater(CIPP)Lining BB Leisureville&Gateway Blvd SCO1027-84 APPLICATIONS FOR PAYMENT 0 SECTION 01041 - PROJECT COORDINATION PART I—GENERAL c. Recommendations 1.01 REQUIREMENTS INCLUDED d. Coordination of drawings A. The Contractor shall: e. Schedules 1. Coordinate work of its f. Resolution of conflicts employees and subcontractors. 3. Interpret Contract Documents: 2. Expedite its work to assure compliance with schedules. a. Transmit written interpretations to 3. Coordinate its work with that of Contractor, and to other work by CITY. concerned parties. 4. Comply with orders and 4. Assist in Obtaining permits and instructions of CITY. approvals: 1.02 RELATED REQUIREMENTS a. Verify that Contractor and subcontractors have A. Section SCO1010: Summary of obtained inspections for Project. Work and for temporary facilities. B. Section SCO1027: Applications for Payment. 5. Control the use of Site: C. Section SCO1200: Project Meetings. a. Allocate space for Contractor's use for field D. Section SCO1310: Progress offices, sheds, and work Schedules. and storage areas. E. Section SCO1340: Shop Drawings, 6. Inspection and Testing: Work Drawings and Samples. a. Inspect work to assure F. Section SCO1500: Construction performance in accord with Facilities and Temporary Controls. requirements of Contract Documents. G. Section SC01700: Contract Closeout. b. Administer special testing and inspections of suspect 1.03 CONSTRUCTION ORGANIZATION & Work. START-UP c. Reject Work, which does A. CITY shall establish on-site lines of not comply with authority and communications: requirements of Contract Documents. 1. Schedule and conduct pre- construction meeting and d. Coordinate Testing progress meetings as specified Laboratory Services: in Section SCO1200: PROJECT MEETINGS. 1. Verify that required laboratory personnel 2. Establish procedure for: are present. a. Submittals 2. Verify that tests are made in accordance b. Reports and records with specified standards. Boynton Beach Utilities—Stormwater(CIPP)Lining BB Leisureville&Gateway Blvd SCO1041-85 PROJECT COORDINATION 0 3. Review test reports for a. Field dimensions and compliance with clearance dimensions. specified criteria. 4. Recommend and b. Relation to available administer any space. required re-testing. c. Effect of any changes on 1.04 CONTRACTOR'S DUTIES the work of any subcontractor. A. Construction Schedules: A. Review Drawings prepared by 1. Prepare a detailed schedule of Mechanical and Electrical basic operations. subcontractors: 2. Monitor schedules as work 1. Prior to submittal to CITY, progresses: review for compliance with Contract Documents: a. Identify potential variances between scheduled and B. Prepare Coordination Drawings as probable completion dates required to resolve conflicts and to for each phase. assure coordination of the work of, or affected by, mechanical and b. Recommend to CITY electrical trades, or by special adjustments in schedule to equipment requirements. meet required completion dates. 1. Submit to CITY. c. Document changes in 2. Reproduce and distribute schedule; submit to CITY, copies to concerned parties and to involved after CITY review. subcontractors. C. Maintain reports and records at job 3. Observe work of each site, available to CITY. subcontractor to monitor compliance with schedule. 1. Daily log of progress of work. a. Verify that labor and 2. Records. equipment are adequate for the work and the a. Contracts. schedule. b. Purchase orders. b. Verify that product procurement schedules are c. Materials and equipment adequate. records. c. Verify that product d. Applicable handbooks, deliveries are adequate to codes and standards. maintain schedule. 3. Maintain file of record d. Report noncompliance to documents. CITY, with recommendation for 1.05 CONTRACTOR'S CLOSE-OUT DUTIES changes. A. Mechanical and Electrical B. Process Shop Drawings, Product equipment start-up: Data and Samples: 1. Coordinate checkout of utilities, 1. Prior to submittal to CITY, operational systems and review for compliance with equipment. Contract Documents: Boynton Beach Utilities—Stormwater(CIPP)Lining BB Leisureville&Gateway Blvd SCO1041-86 PROJECT COORDINATION 0 2. Organize initial start-up and testing. 3. Supervise correction and completion of work of 3. Record dates of start of subcontractors. operation of systems and equipment. 1.06 CITY'S CLOSE-OUT DUTIES 4. Submit to CITY written notice of A. Final Completion: beginning of warranty period for equipment put into service. 1. When Contractor determines that work is finally complete, B. At completion of Work, conduct an conduct an inspection to verify inspection to assure that: completion of Work. 1. Specified cleaning has been B. Administration of Contract closeout: accomplished. 1. Receive and review 2. Temporary facilities have been Contractor's final submittals. removed from site. 2. Transmit to CITY with C. Substantial Completion: recommendations for action. 1. Conduct an inspection to PART 2—PRODUCTS (NOT USED) develop a list of Work to be completed or corrected. PART 3—EXECUTION (NOT USED) 2. Assist CITY in inspection. END OF SECTION Boynton Beach Utilities—Stormwater(CIPP)Lining BB Leisureville&Gateway Blvd SCO1041-87 PROJECT COORDINATION 0 SECTION 01065 - PERMITS AND FEES PART 1 —GENERAL dewatering operations. A. The Contractor shall obtain (DEP adopted Rule 62-621.300 all permits and licenses (4), F.A.C., with specific related to its work, including provisions for requesting permit but not limited to, the coverage for the management of necessary construction stormwater discharge from large permits. Cost of permit fees and small construction shall be paid by Contractor. activities.) CITY to be invoiced at actual cost without markup. B. The permit coverage for PART 2— PRODUCTS (NOT USED) construction activities is to be obtained by submitting DEP form PART 3— EXECUTION 62-621.300 (4) (b) Notice of Intent (NOI) to Use Generic 3.01 NPDES COMPLIANCE Permit for Stormwater Discharge from Large and Small A. In addition to other required field Construction Activities and by permitting, prior to the preparing and implementing a commencement of work, the Stormwater Pollution Prevention Contractor must obtain the Plan (SWPPP). After permit coverage for stormwater construction is complete, Notice discharge from large and small of Termination (NOT) to construction activities and must discontinue the permit coverage implement appropriate pollution is to be submitted by utilizing prevention techniques and form 62-621.300 (6). SWPPP to minimize erosion and sedimentation to properly C. For additional information manage the stormwater runoff. contact NPDES Stormwater The Contractor shall prepare a Section at: NPDES Site Plan including sketches and Best Management Florida Department of Practice procedures for review Environmental Protection and comment from the Project Tallahassee, FL 32399-2400 Manager. The NPDES Site Plan (850)921-9904 shall include the control of stormwater, ground water and subsurface water during END OF SECTION Boynton Beach Utilities—Stormwater(CIPP)Lining BB Leisureville&Gateway Blvd SCO1065-88 PERMIT AND FEES 0 SECTION 01110 - ENVIRONMENTAL PROTECTION PROCEDURES Contractor will be required to meet all the conditions specified in the PART 1 GENERAL permits and in the Specifications. 1.1 SCOPE OF WORK D. All specific conditions attached to existing permits for this site shall A. The work covered by this Section be included in the sedimentation consists of furnishing all labor, and erosion control measures. materials and equipment and performing all work required for 1.2 APPLICABLE REGULATIONS the prevention of environmental pollution in conformance with A. The Contractor shall comply with applicable federal, state and local all applicable Federal, State and laws and regulations, during and local laws and regulations and as the result of construction applicable permits and their operations under this Contract. specific conditions concerning For the purpose of this environmental pollution control Specification, environmental and abatement. pollution is defined as the presence of chemical, physical, or 1.3 NOTIFICATIONS biological elements or agents which adversely affect human A. The CITY and/or CONSULTANT health or welfare; unfavorably alter will notify the Contractor in writing ecological balances; adversely of any non-compliance with the affect plants or animals; or foregoing provisions or of any degrade the utility of the environmentally objectionable acts environment for aesthetic and/or and corrective action to be taken. recreational purposes. State or local agencies responsible for verification of B. The control of environmental certain aspects of the pollution requires consideration of environmental protection air, water and land, and involves requirements shall notify the management of noise and solid Contractor in writing, through the waste, as well as other pollutants. CITY or CONSULTANT, of any non-compliance with State or local C. The Contractor shall schedule and requirements. The Contractor conduct all work in a manner that shall, after receipt of such notice will minimize the erosion of soils in from the CITY or Consultant or the area of the work. Provide from the regulatory agency erosion control measures required through the CITY and/or to prevent silting, muddying, or CONSULTANT, immediately take pollution of wetlands, streams, corrective action. Such notice, rivers, impoundments, lakes, when delivered to the Contractor stormwater ponds,etc. All erosion or their authorized representative control measures shall be in place at the site of the work, shall be in an area prior to any construction deemed sufficient for the purpose. activity in that area and shall be If the Contractor fails or refuses to maintained throughout comply promptly, the CITY may construction. Specific issue an order stopping all or part requirements for erosion and of the work until satisfactory sedimentation controls are corrective action has been taken. specified in Section 02270. The No part of the time lost due to any Boynton Beach Utilities—Stormwater(CIPP)Lining BB Leisureville&Gateway Blvd SCO1110-89 ENVIRONMENTAL PROTECTION PROCEDURES 0 such stop orders shall be made the in the State of Florida and subject of a claim for extension of submitted to the CITY and time or for excess costs or CONSULTANT; then submitted damages by the Contractor unless and approved by the South Florida it is later determined that the Water Management District prior Contractor was in compliance. to the commencement of work requiring dewatering. Contractor 1.04 IMPLEMENTATION must comply with permits. However, no water from A. Prior to commencement of the dewatering activities may be Work, the CONTRACTOR shall discharged offsite. At the meet with the CITY and completion of the Work, ditches CONSULTANT to develop mutual shall be backfilled and the ground understandings relative to surface restored to original compliance with this provision and condition. administration of the environmental pollution control 3.2 PROTECTION OF STREAMS AND program. CANALS B. The Contractor shall remove A. Care shall be taken by Contractor temporary environmental control to prevent, or reduce to a features, when approved by the minimum, any damage to any CITY or CONSULTANT, and ditch or the stormwater outfall incorporate permanent control canal, from pollution by debris, features into the project at the sediment or other material,or from earliest practicable time. the manipulation of equipment and/or materials in or near such PART 2 - PRODUCTS (NOT USED) ditches. Water that has been used for washing or processing, or that PART 3 - EXECUTION contains oils or sediments that will reduce the quality of the water in 3.1 EROSION CONTROL the ditch, shall not be directly returned to the ditch. Such waters A. The Contractor shall provide will be diverted through a settling positive means of erosion control basin or filter approved by the such as shallow run on and run off CITY or CONSULTANT and meet ditches around construction to required standards before being carry off surface water. Erosion directed into the ditches and other control measures,such as siltation water bodies. basins, hay check dams, mulching, jute netting and other B. The Contractor shall not discharge equivalent techniques, shall be water from dewatering operations used as appropriate. Flow of directly into any live or intermittent surface water into excavated stream, channel, wetlands, areas shall be prevented. Ditches surface water or any storm sewer. around construction area shall Water from dewatering operations also be used to carry away water shall be treated by filtration, resulting from dewatering of settling basins, or other approved excavated areas. If dewatering is method to reduce the amount of necessary and exceeds SFWMD sediment contained in the water to thresholds, a dewatering plan allowable levels. must be prepared by a certified C. All preventative measures shall be Registered Professional Engineer taken by Contractor to avoid Boynton Beach Utilities—Stormwater(CIPP)Lining BB Leisureville&Gateway Blvd SCO 1110-90 ENVIRONMENTAL PROTECTION PROCEDURES 0 spillage of petroleum products and Contractor's equipment, dumping other pollutants. In the event of or other operations, protect such any spillage, prompt remedial trees by placing barricades around action shall be taken in them. Monuments and markers accordance with a contingency shall be protected similarly before action plan approved by the beginning operations near them. Florida Department of Environmental Protection. D. Any trees or other landscape Contractor shall submit two (2) feature scarred or damaged by the copies of approved contingency Contractor's equipment or plans to the CITY and operations shall be restored as CONSULTANT. nearly as possible to its original condition. 3.3 PROTECTION OF LAND RESOURCES All trimming or pruning shall be performed in an approved manner A. Land resources within the project by experienced workmen with boundaries and outside the limits saws or pruning shears. Tree of permanent work shall be trimming with axes will not be restored to a condition, after permitted. completion of construction that will appear to be natural and not Climbing ropes shall be used detract from the appearance of the where necessary for safety. Trees project. Contractor shall confine that are to remain, either within or all construction activities to areas outside established clearing limits, shown on the Drawings. that are subsequently damaged by the Contractor and are beyond B. Outside of areas requiring saving as determined by the CITY earthwork for the construction of and/or CONSULTANT shall be the new facilities, the Contractor immediately removed and shall not deface, injure, or destroy replaced. trees or shrubs, nor remove or cut them without prior approval from E. The locations of the Contractor's the CITY and CONSULTANT. No storage, and other construction ropes, cables, or guys shall be structures required temporarily in fastened to or attached to any the performance of the Work,shall existing nearby trees for be cleared as shown on the anchorage unless specifically Drawings. Drawings showing authorized by the CITY and storage facilities shall be CONSULTANT. Where such submitted for approval of the CITY special emergency use is and CONSULTANT. permitted, first wrap the trunk with a sufficient thickness of burlap or F. If the Contractor proposes to rags over which softwood cleats construct temporary roads or shall be tied before any rope, embankments and excavations for cable, or wire is placed. The work areas, it shall submit the Contractor shall in any event be following for approval at least thirty responsible for any damage (30) days prior to scheduled start resulting from such use. of such temporary work. C. Where trees may possibly be 1. A layout of all temporary defaced, bruised, injured, or roads, excavations and otherwise damaged by the embankments to be Boynton Beach Utilities—Stormwater(CIPP)Lining BB Leisureville&Gateway Blvd SCO 1110-91 ENVIRONMENTAL PROTECTION PROCEDURES 0 constructed within the work work areas within or without the area. project boundaries free from dust which could cause the standards 2. Details of temporary road for air pollution to be exceeded, construction. and which would cause a hazard or nuisance to others. 3. Drawings and cross sections of proposed embankments C. An approved method of and their foundations, stabilization consisting of including a description of sprinkling or other similar methods proposed materials. will be required to control dust. The use of petroleum products is G. The Contractor shall remove all prohibited. signs of temporary construction facilities such as haul roads, work D. Sprinkling, to be approved, must areas, structures, foundations of be repeated at such intervals as to temporary structures,stockpiles of keep all parts of the disturbed area excess of waste materials, or any at least damp at all times, and the other vestiges of construction as Contractor must have sufficient directed by the CITY and competent equipment on the job to CONSULTANT. The disturbed accomplish this if sprinkling is areas shall be prepared and used. Dust control shall be seeded as described in Section performed as the work proceeds 02924 SEED, MULCH and and whenever a dust nuisance or FERTILIZER, or as approved by hazard occurs, as determined by the CONSULTANT. the CITY and/or CONSULTANT. H. All debris and excess material will 3.5 MAINTENANCE OF POLLUTION be disposed of in approved areas CONTROL FACILITIES DURING as noted on the Drawings. CONSTRUCTION 3.4 PROTECTION OF AIR QUALITY A. During the life of this Contract, the Contractor shall maintain all A. Burning. No open fires or burning facilities constructed for pollution will be permitted. If need dictates control as long as the operations burning of any kind, Contractor creating the particular pollutant are must obtain prior approval of CITY being carried out or until the and obtain appropriate permits material concerned has become from the state and local stabilized to the extent that government agencies. pollution is no longer being created. B. Dust Control. The Contractor will be required to maintain all END OF SECTION excavations, embankment, stockpiles, access roads, waste areas, borrow areas, and all other Boynton Beach Utilities—Stormwater(CIPP)Lining BB Leisureville&Gateway Blvd SCO 1110-92 ENVIRONMENTAL PROTECTION PROCEDURES ti SECTION 01200 - PROJECT MEETINGS progress meeting shall be available five (5) business PART 1 - GENERAL days after the meeting. 1.01 DESCRIPTION B. Related Requirements Described Elsewhere: A. Scope of Work: 1. Progress Schedules: 1. The Consultant shall Section SCO 1310. schedule and administer 2. Shop Drawings, Working pre-construction meeting, Drawings, and Samples: monthly progress meetings, Section SCO 1340. and specifically called 3. Security and Safety meetings throughout the Procedures for Infrastructure progress of the Work. The Projects: Section SCO1540 Consultant shall: 4. Project Record Documents: Section SC01720. a. Prepare agenda for meetings. 1.02 PRE-CONSTRUCTION MEETING b. Make physical A. The Consultant shall schedule a arrangements for preconstruction meeting within meetings. ten (10) days after the effective date of the contract. c. Preside at meetings. B. Location: A local site, 2. Representatives of convenient for all parties, Contractor, subcontractors designated by the Consultant. and suppliers attending meetings shall be qualified C. Attendance: and authorized to act on behalf of the entity each 1. CITY's representative. represents. 2. Consultant and Consultant's 3. The Contractor shall attend professional consultants. meetings to ascertain that work is expedited consistent 3. Resident project with Contract Documents representative. and construction schedules. The Consultant shall record 4. Contractor and its the pre-construction meeting superintendent. and each progress meeting in its entirety, and shall 5. Major subcontractors. provide the Consultant with a voice recording, having 6. Representatives of major good quality and clarity, and suppliers and manufacturers a typed transcript of the as appropriate. minutes of each meeting. A 7. Governmental and Utilities copy of the minutes of each representatives as Boynton Beach Utilities—Stormwater(CIPP)Lining BB Leisureville&Gateway Blvd SCO1200-93 PROJECT MEETINGS ti appropriate. d. Submittals. 8. Others as requested by the e. Change Orders. Contractor, CITY and Consultant. f. Applications for Payment. D. The purpose of the pre- construction meeting is to 6. Submittal of Shop Drawings, designate responsible personnel project data and samples. and establish a working relationship. Matters requiring 7. Adequacy of distribution of coordination will be discussed Contract Documents. and procedures for handling such matters established. The 8. Procedures for maintaining suggested agenda should Record Documents. include: 9. Use of premises: 1. Distribution and discussion of: a. Office,work and storage areas. a. List of major subcontractors and b. CITY's requirements. suppliers. c. Access and traffic b. Projected schedules. control. c. Schedule of Values 10. Construction facilities, controls and construction d. NPDES plan aids. 2. Critical work sequencing: 11. Temporary utilities. Relationships and coordination with other 12. Safety and first aid contracts and/or work. procedures. 3. Major equipment deliveries 13. Check of required Bond and and priorities. Insurance certifications. 4. Project coordination: 14. Completion time for Contract Designation and responsible and liquidated damages. personnel. 15. Request for extension of 5. Procedures and processing Contract Time. of: 16. Weekly job meeting for all a. Field decisions. involved. b. Proposal requests. 17. Security procedures. c. Request for Information. 18. Procedures for making partial payments. Boynton Beach Utilities—Stormwater(CIPP)Lining BB Leisureville&Gateway Blvd SCO1200-94 PROJECT MEETINGS ti 19. Guarantees on completed work. C. Location of the meetings: Site selected by Consultant. 20. Equipment to be used. D. Attendance: 21. Staking of work. 1. Consultant and its 22. Project inspection. representatives as needed. 23. Labor requirements. 2. Contractor. 24. Laboratory testing of 3. CITY's representatives. material requirements. 4. Subcontractors (active on 25. Provisions for material the site). stored on site. 5. Others as appropriate to the 26. Requirements of other agenda (suppliers, organizations. manufacturers, other subcontractors, etc.). 27. Rights-of-way and easements. E. The Consultant shall preside at the meetings and provide for 28. Housekeeping procedures. keeping minutes and distribution of the minutes to the CITY, 29. Liquidated damages. Consultant and others. The purpose of the meetings will be 30. Posting of signs. to review the progress of the Work. The agenda will include 31. Pay request submittal but not be limited to the dates. following: 32. Equal opportunity 1. Review approval of minutes requirements. of previous meeting. 1.03 PROGRESS MEETINGS 2. Review of work progress since previous meeting and A. The Consultant shall schedule work scheduled (3-week and conduct regular periodic look ahead schedule). meetings. The progress meetings will be held every thirty 3. Field observations, (30) days and at other times as problems, and conflicts. required by the progress of the Work. The first meeting shall be 4. Problems which impede held within thirty (30) days after construction Schedule. the preconstruction meeting or thirty (30) days or less after the 5. Review of off-site date of Notice to Proceed. fabrication, delivery schedules. B. Hold called meetings as required by progress of the Work. 6. Corrective measures and Boynton Beach Utilities—Stormwater(CIPP)Lining BB Leisureville&Gateway Blvd SCO1200-95 PROJECT MEETINGS ti procedures to regain including but not limited to: projected schedule. 1. Status of all submittals and 7. Status of approved what specifically is being construction schedule. done to expedite them. 8. Progress schedule during 2. Status of all activities behind succeeding work period. schedule and what specifically will be done to 9. Coordination of schedules. regain the schedule. 10. Review status of submittals, 3. Status of all material expedite as required. deliveries, latest contact with equipment manufacturer 11. Maintenance of quality and specific actions taken to standards. expedite materials. 12. Pending changes and 4. Status of open deficiencies substitutions. and what is being done to correct the same. 13. Shop Drawing problems. G. The Contractor is to provide a 14. Review proposed changes current submittal log at each for: progress meeting in accordance with Section SCO1340: Shop a. Effect on construction Drawings, Working Drawings schedule and on and Samples. completion date. 1.04 SPECIAL MEETINGS b. Effect on other contracts of the Project. A. The Contractor may be required to attend certain City Hall 15. Construction schedule. meetings to inform the public before commencement or during 16. Critical/long lead items. progress of the project to discuss specific issues. 17. Other business. PART 2- PRODUCTS (NOT USED) F. The Contractor is to attend monthly progress meetings and PART 3- EXECUTION (NOT USED) is to study previous meeting minutes and current agenda END OF SECTION items, and be prepared to discuss pertinent topics and provide specific information Boynton Beach Utilities—Stormwater(CIPP)Lining BB Leisureville&Gateway Blvd SCO1200-96 PROJECT MEETINGS 1 � SECTION 01310 - PROGRESS SCHEDULES 2. Applications for Payment: PART 1 -GENERAL Section SCO1027 1.01 DESCRIPTION 3. Change Order Procedures: Section SC01153 A. Scope of Work: 4. Project Meetings: Section 1. Prior to Pre-Construction SCO1200 Meeting, Contractor shall prepare and submit to the 5. Shop Drawings, Working CONSULTANT initial Drawings, and Samples: construction schedule(s) Section SCO1340 demonstrating complete fulfillment of all Contract 6. Schedule of Values: Section requirements utilizing a Critical SCO1370 Path Method (hereinafter referred to as CPM)in planning, 1.02 QUALIFICATIONS coordinating and performing the Work under this Contract A. A statement of computerized CPM (including all activities of capability shall be submitted by subcontractors, equipment Contractor in writing prior to the vendors and suppliers). The award of the Contract and shall principles and definition CPM verify that either Contractor's terms used herein shall be as organization has in-house capability set forth in the Associated to use the CPM technique or that General Contractors of America Contractor will employ a CPM (AGC) publication, The Use of consultant who is so qualified. CPM in Construction,A Manual for General Contractors and the B. In-house capability shall be verified Construction Industry, latest by description of construction edition,but the provisions of this projects to which Contractor or Specification shall govern the Contractor's consultant has planning, coordinating and successfully applied computerized performance of the Work. CPM and shall include at least two Assumed notice to proceed (2) projects valued at least half the date for this schedule shall be expected value of this Project. ninety (90) days from bid opening date. 1.03 FORM OF SCHEDULES 2. After issuance of Notice To A. Maximum Sheet Size: 24 inches by Proceed, Contractor shall Winches. submit revised progress schedules on a bi-weekly basis. 1.04 CONTENT OF SCHEDULES No partial payments shall be approved until there is an A. Construction Progress Schedule: approved construction progress schedule on hand. 1. Show the complete sequence of construction by activity. B. Related Requirements Described Elsewhere: 2. Show the dates for the beginning of,and completion of, 1. Summary of Project: Section each major element of SC01010 construction in no more than a two (2) week increment scale. Boynton Beach Utilities—Stormwater(CIPP)Lining BB Leisureville&Gateway Blvd SCO1310-97 PROGRESS SCHEDULES 1 � Specifically list, but not limit to: anything jointly agree upon, it shall not be deemed to have been a. Obtaining all approved by the CONSULTANT. permits/construction Failure to include any element of easements(if needed) work required for the performance of b. Shop Drawing this Contract shall not excuse the submitted/review time Contractor from completing all work c. Site clearing/filling required within any applicable d. Site utilities Completion Date, notwithstanding e. Pipeline installation the CONSULTANT's approval of the f. Roadway installation progress schedule. g. Subcontractor work h. Equipment installations 1.05 PROGRESS REVISIONS i. Finishings j. Instrumentation A. Indicate progress of each activity to k. Painting date of submission. I. Operator training m. Testing B. Show changes occurring since n. Start-up previous submission of schedule: o. Receipt of spare parts 1. Major changes in scope. 3. Show projected percentage of 2. Activities modified since completion for each item, as of previous submission. the first day of each month. 3. Revised projections of progress 4. Show projected dollar cash flow and completion. requirements for each month of construction and for each 4. Other identifiable changes. activity as indicated by the approved Schedule of Values. C. Provide a narrative report as needed to define: B. Submittals schedule for Shop Drawings and Samples shall be in 1. Problem areas, anticipated accordance with Section SCO1340: delays, and the impact on the Shop Drawings, Product Data and schedule. Samples. Indicate on the Schedule the following: 2. Corrective action recommended, and its effect. 1. The dates for Contractor's submittals. 3. The effect of changes on schedules of other prime 2. The dates submittals will be contractors. required for CITY-furnished products, if applicable. D. If the Work falls behind the critical path schedule by two (2) weeks or 3. The dates approved submittals more,the Contractor must prepare a will be required from the recovery schedule. CONSULTANT. 1.06 SUBMISSIONS C. A typewritten list of all long lead items(equipment, materials,etc.). A. Submittal Requirements. D. To the extent that the progress 1. Logic network and/or time schedule or any revised progress phased bar chart, computer schedule shows anything not jointly generated. agreed upon or fails to show 2. Computerized network Boynton Beach Utilities—Stormwater(CIPP)Lining BB Leisureville&Gateway Blvd SCO1310-98 PROGRESS SCHEDULES 1 ,m analysis: Schedule of Values (lump sum price breakdown), as applicable, will be a. Sort by early start acceptable to the CONSULTANT as to form and content, when in the b. Sort by float opinion of the CONSULTANT, it demonstrates a substantial basis for c. Sort by equitably distributing the Contract predecessor/successor Sum. When the network diagram and tabulated schedule have been 3. Narrative description of the accepted, The Contractor shall logic and reasoning of the submit to the CONSULTANT five (5) schedule. copies of the time-scaled network diagram, five (5) copies of a B. Within ten (10) working days after computerized tabulated schedule in the conclusion of the which the activities have been CONSULTANT's review of initial sequenced by numbers, five (5) schedule, Contractor shall revise the copies of a computerized tabulated network diagram as required and schedule in which the activities have resubmit the network diagram and a been sequenced by early starting tabulated schedule produced date, and five (5) copies of a therefrom. The revised network computerized, tabulated schedule in diagram and tabulated schedule which activities have been shall be reviewed and accepted or sequenced by total float, and five(5) rejected by the CONSULTANT copies sorted by within fifteen (15)working days after predecessor/successor. receipt. The network diagram and tabulated schedule when accepted D. Revised Work Schedules. by the CONSULTANT shall Contractor, if requested by the constitute the Project work schedule CONSULTANT, shall provide a unless a revised schedule is revised work schedule if,at anytime, required due to substantial changes the CONSULTANT considers the in the work scope, a change in completion Date to be in jeopardy Contract Time or a recovery because of "activities behind schedule is required and requested. schedule." The revised work schedule shall include a new C. Acceptance. The finalized schedule diagram and tabulated schedule will be acceptable to the conforming to the requirements of CONSULTANT, when in the opinion Paragraph 1.09, herein,designed to of the CONSULTANT; it show how Contractor intends to demonstrates an orderly accomplish the work to meet the progression of the Work to completion date. The form and completion in accordance with the method employed by Contractor Contract requirements. Such shall be the same as for the original acceptance will neither impose on work schedule. No payment will be the CONSULTANT responsibility for made if activities fall more than two the progress or scheduling of the (2) weeks behind schedule and a Work nor relieve Contractor from full revised work schedule is not responsibility therefore. The furnished. finalized schedule of Shop Drawing submittals will be acceptable to the E. Schedule Revisions. The CONSULTANT, when in the opinion CONSULTANT may require of the CONSULTANT, it Contractor to modify any portions of demonstrates a workable the work schedule that become arrangement for processing the infeasible because of "activities submittals in accordance with the behind schedule" or for any other requirements. The finalized valid reason. An activity that cannot Boynton Beach Utilities—Stormwater(CIPP)Lining BB Leisureville&Gateway Blvd SCO1310-99 PROGRESS SCHEDULES ,�1 be completed by its original latest completion date shall be deemed to 2. Definition of each activity. be behind schedule. No change may be made to the sequence, 3. A logical flow of work duration or relationships of any crews/equipment (crews are to activity without approval of the be defined by manpower CONSULTANT. category and man-hours; equipment by type and hours). 1.07 DISTRIBUTION 4. Show all work activities and A. Contractor shall distribute copies of interfaces including submittals the reviewed schedules to: as well as major material and equipment deliveries. 1. CONSULTANT C. Networks. 2. Jobsite file 1. The CPM network, or diagram, 3. Subcontractors shall be in the form of a time- scaled diagram of the 4. Other concerned parties customary activity-on-type and may be divided in to a number 5. CITY(two copies) of separate pages with suitable notation relating the interface B. Instruct recipients to report promptly points among the pages. to the Contractor, in writing, any Individual pages shall not problems anticipated by the exceed 36 inches by 60 inches. projections shown in the schedules. Notation on each activity line shall include a brief work 1.08 CHANGE ORDERS description and a duration, as described in Paragraph 1.09D., A. Upon approval of a Change Order, herein. the approved changes shall be reflected in the next scheduled 2. All construction activities and revision or update submittal by procurement shall be indicted in Contractor. a time-scaled format, and a calendar shall be shown on all 1.09 CPM STANDARDS sheets along the entire sheet length. Each activity arrow shall A. CPM, as required by this Section, be plotted so the beginning and shall be interpreted to be generally completion dates of such as outlined in the Associated activity can be determined General Contractor's (AGC) graphically by comparison with publication, The Use of CPM in the calendar scale. All activities Construction, A Manual for General shall be shown using the Contractors and the Construction symbols that clearly distinguish Industry, Copyright 1976. between critical path activities, non-critical path activities and B. Work schedules shall include a float for each non-critical graphic network and computerized, activity. All non-critical path tabulated schedules as described activities shall show estimated below. To be acceptable the performances time and float schedule must demonstrate the time in scaled form. following: D. The duration indicated for each 1. A logical succession of work activity shall be in calendar days and from start to finish. shall represent the single best time Boynton Beach Utilities—Stormwater(CIPP)Lining BB Leisureville&Gateway Blvd SCO1310-100 PROGRESS SCHEDULES 1 � considering the scope of the Work 5. Project Scheduled Completion and resources planned for the Date. activity including time for inclement weather. Except for certain non- 6. Effective or Starting Date of the labor activities, such as curing Schedule. concrete or delivering materials, activity durations shall not exceed 7. New Projects Completion Date fourteen (14)days nor be less than and Project Status, if an one (1) day unless otherwise updated or revised schedule. accepted by the CONSULTANT. 8. Actual Start Date and Finish E. Tabulated Schedules. The initial Date for all update schedules. schedule shall include the following minimum data for each activity. 1.10 SCHEDULE MONITORING 1. Activity Beginning and Ending A. At not less than monthly intervals or Numbers, single activity when specifically requested by numbers may be used. CONSULTANT, Contractor shall submit to the CONSULTANT a 2. Duration. computer printout of an updated schedule for those activities that 3. Activity Description. remain to be completed. 4. Early Start Date (Calendar B. The updated schedule shall be Dated). submitted in the form, sequence, and number of 5. Early Finish Date (Calendar copies requested for the initial Dated). schedule. 6. Identified Critical Path. 1.11 PROGRESS MEETINGS 7. Total Float (Note: No activity may show more than 20 days For the monthly progress meeting, float). Contractor shall submit a revised CPM schedule and a 3-week look-ahead 8. Cost of Activity. schedule, showing all activities in progress, uncompleted or scheduled to 9. Equipment Hours by type, man be worked during the weeks. The 3 power/hours by crew or trade. weeks include the current week plus the next 2 weeks. All activities shall be from F. Project Information. Each tabulation the approved CPM and must be as shall be prefaced with the following shown on the CPM unless behind or summary data. ahead of schedule. 1. Project Name. PART 2—PRODUCTS (NOT USED) 2. Contractor. 3. Type of Tabulation (Initial or PART 3—EXECUTION (NOT USED) Updated). END OF SECTION 4. Project Duration. Boynton Beach Utilities—Stormwater(CIPP)Lining BB Leisureville&Gateway Blvd SCO1310-101 PROGRESS SCHEDULES 1 � SECTION 01340 - SHOP DRAWINGS, WORKING DRAWINGS, AND SAMPLES CONSULTANT. This log PART 1 -GENERAL should include the following items: 1.01 DESCRIPTION a. Submittal-Description and A. Scope of Work: Number assigned. 1. The Contractor shall submit to b. Date to CONSULTANT. the CONSULTANT for review and approval, such Shop c. Date returned to Drawings, Test Reports and Contractor. Product Data on materials and equipment (hereinafter in this d. Status of Submittal Section called Data), and (Approved as Noted, material samples(hereinafter in Rejected/Re-submit). this Section called Samples)as are required for the proper e. Date of Resubmittal and control of work, including but not Return (as applicable). limited to those Shop Drawings, Data and Samples for materials f. Date material release for and equipment specified fabrication. elsewhere in the Specifications and in the Contract Drawings. g. Projected date of fabrication. 2. With the Contractor's executed agreement and Bond Submittal, h. Projected date of delivery the Contractor shall submit to to site. the CONSULTANT a complete list of preliminary Data on items i. Status of O&M manuals for which Shop Drawings are to submittal. be submitted. Included in this list shall be the names of all j. Specification Section. proposed manufacturers furnishing specified items. k. Drawings Sheet Number. Review of this list by the CONSULTANT shall in no way B. Related Requirements Described expressed or implied relieve the Elsewhere: Contractor from submitting complete Shop Drawings and 1. General Conditions: providing materials, equipment, etc.,fully in accordance with the 2. Progress Schedules: Section Specifications. This procedure SC01310. is required in order to expedite final review of Shop Drawings. 3. Material and Equipment: The Contractor shall include Section SC01600. Shop Drawing review time on the Project schedule (see 4. Project Record Documents: section SC01310). Section SC01720. 3. The Contractor is to maintain an 5. Operating and Maintenance accurate updated submittal log Data: Section SC01730. and will bring this log to each 1.02 CONTRACTOR'S RESPONSIBILITY scheduled progress meeting with the City and the A. The Contractor shall furnish the Boynton Beach Utilities—Stormwater(CIPP)Lining BB Leisureville&Gateway Blvd SCO1340-102 SHOP DRAWING,WORK DRAWINGS AND SAMPLES 1 � CONSULTANT a schedule of Shop list any deviations from Drawings submittals fixing the Contract Drawings, Project respective dates for the submission Specifications and of Shop Drawings, the beginning of referenced specifications manufacture,testing and installation or codes and identify in of materials, supplies and "green" ink prominently on equipment. This schedule shall the drawings. indicate those that are critical to the progress schedule. 6. Submittal Log Number conforming to Specification Log B. The Contractorshall not begin anyof Number. the work covered by a Shop Drawing, Data,or a Sample returned E. The Contractor shall submit for correction until a revision or electronically SHOP DRAWINGS to correction thereof has been the CONSULTANT through e- reviewed and returned to him, by the Builder Enterprise TM The CONSULTANT, with approval. CONSULTANT will review the submittal and return to the C. The Contractor shall submit to the Contractor with appropriate review CONSULTANT all drawings and comments. schedules sufficiently in advance of construction requirements to provide F. The Contractor shall be responsible no less than twenty-one (21) for and bear all costs of damages calendar days for checking and which may result from the ordering appropriate action from the time the of any material or from proceeding Consultant receives them. with any part of work prior to the completion of the review by the D. All submittals shall be accompanied CONSULTANT of the necessary with a transmittal letter prepared in Shop Drawings. duplicate containing the following information: G. The Contractor shall not use Shop Drawings as means of proposing 1. Date. alternate items to demonstrate compliance to Contract 2. Project Title and Number. requirements. 3. Contractor's name and address. H. Each submittal will bear a stamp indicating that Contractor has 4. The number of each Shop satisfied Contractor's obligations Drawings, Project Data, and under the Contract Documents with Sample submitted. respect to Contractors review and approval of that submittal. 5. Notification of Deviations from Contract Documents. I. Drawings and schedules shall be checked and coordinated with the a. The Contractor shall work of all trades and sub- indicate in bold type at the contractors involved, before they are top of the cover sheet of submitted for review by the submittal of Shop Drawing CONSULTANT and shall bear the if there is a deviation from Contractor's stamp of approval as Contract Drawings, Project evidence of such checking and Specifications and coordination. Drawings or referenced specifications schedules submitted without this or codes. stamp of approval shall be returned to the Contractor for resubmission. b. The Contractor shall also Boynton Beach Utilities—Stormwater(CIPP)Lining BB Leisureville&Gateway Blvd SCO1340-103 SHOP DRAWING,WORK DRAWINGS AND SAMPLES 1 � 1.03 CONSULTANT'S REVIEW OF SHOP the CONSULTANT. The resubmittal DRAWINGS shall incorporate the A. The CONSULTANT's review of CONSULTANT's comments Shop Drawings, Data and Samples highlighted on the Shop Drawing. as submitted by the Contractor, will be to determine if the items(s) F. "Rejected" - Contractor shall conform to the information in the resubmit Shop Drawing for review by Contract Documents and are Consultant. compatible with the design concept. The CONSULTANT's review and G. Resubmittals will be handled in the exceptions, if any, will not constitute same manner as first submittals. On an approval of dimensions, resubmittals the Contractor shall connections, quantities, and details direct specific attention, in writing or of the material, equipment, device, on resubmitted Shop Drawings, to or item shown. revisions other than the corrections requested by the CONSULTANT on B. The review of drawings and previous submissions. The schedules will be general, and shall Contractor shall make any not be construed: corrections required by the CONSULTANT. 1. As permitting any departure from the Contract requirements. H. If the Contractor considers any correction indicated on the drawings 2. As relieving the Contractor of to constitute a change to the responsibility for any errors, Contract Drawings or Specifications, including details, dimensions, the Contractor shall give written and materials. notice thereof to the CONSULTANT. 3. As approving departures from I. When the Shop Drawings have been details furnished by the completed to the satisfaction of the Consultant,except as otherwise CONSULTANT, the Contractor shall provided herein. carry out the construction in accordance therewith and shall C. If the drawings or schedules as make no further changes therein submitted describe variations and except upon written instructions show a departure from the Contract from the CONSULTANT. requirements which the CONSULTANT finds to be in the J. No partial submittals will be interest of the City and to be so reviewed. Submittals not deemed minor as not to involve a change in complete will be stamped"Rejected" Contract Price or time for and returned to the Contractor for performance, the CONSULTANT resubmittal. Unless otherwise may return the reviewed drawings specifically permitted by the without noting an exception. CONSULTANT, make all submittals in groups containing all associated D. "Approved As Noted" - Contractor items for: shall incorporate CONSULTANT's comments into the submittal before 1. Systems. release to manufacturer. The Contractor shall send a letter to the 2. Processes. CONSULTANT acknowledging the comments and their incorporation 3. As indicated in specific into the Shop Drawing. Specifications Sections. K. All drawings, schematics, E. "Amend And Resubmit" -Contractor manufacturer's product Data, shall resubmit the Shop Drawing to certifications and other Shop Boynton Beach Utilities—Stormwater(CIPP)Lining BB Leisureville&Gateway Blvd SCO1340-104 SHOP DRAWING,WORK DRAWINGS AND SAMPLES 1 � Drawing submittals required by a structure. system specification shall be submitted at one time as a package 3. Number and title of the Shop to facilitate interface checking. Drawing. L. Only the CONSULTANT shall utilize 4. Date of Shop Drawing or the color "red" in marking Shop revision. Drawing submittals. 5. Name of Contractor and M. For any submittal returned to the subcontractor submitting Contractor marked "Amend and drawing. Submit" or "Rejected," Contractor shall pay CITY a resubmittal fee of 6. Supplier/manufacturer. $250.00. Monies shall be deducted from monies owed Contractor by 7. Separate detailer when CITY monthly and incorporated into pertinent. a Change Order at completion of the contract. 8. Specification title and number. 1.04 SHOP DRAWINGS 9. Specification section. A. Shop Drawings shall be complete 10. Application Contract Drawing and detailed and shall consist of Number. fabrication, erection and setting drawings and schedule drawings, D. Data on materials and equipment manufacturer's scale drawings, and include, without limitation, materials wiring and control diagrams. Cuts, and equipment lists, catalog data catalogs, pamphlets, descriptive sheets, cuts, performance curves, literature, and performance and test diagrams, materials of construction data, shall be considered only as and similar descriptive material. supportive information. As used Materials and equipment lists shall herein, the term "manufactured" give, for each item thereon, the applies to standard units usually name and location of the supplier or mass-produced; and "fabricated" manufacturer, trade name, catalog means items specifically assembled reference, size, finish and all other or made out of selected materials to pertinent Data. meet individual design requirements. 1.05 WORKING DRAWINGS B. Manufacturer's catalog sheets, A. When used in the Contract brochures, diagrams, illustrations Documents, the term "Working and other standard descriptive data Drawings" shall be considered to shall be clearly marked to identify mean the Contractor's plan for pertinent materials, product or temporary structures such as models. Delete information which is temporary bulkheads, support of not applicable to the Work by striking open cut excavation, support of or cross-hatching. utilities, ground water control C. Each Shop Drawing shall have a systems,forming and false work; for blank area 3-1/2 inches by 3-1/2 underpinning; and for such other inches, located adjacent to the title work as may be required for block. The title block shall display construction but does not become the following: an integral part of the Project. B. Working Drawings shall be signed 1. Project Title and Number. by a registered Professional Consultant, currently licensed to 2. Name of Project building or practice in the State of Florida. Boynton Beach Utilities—Stormwater(CIPP)Lining BB Leisureville&Gateway Blvd SCO1340-105 SHOP DRAWING,WORK DRAWINGS AND SAMPLES 1 � 3. Material or Equipment 1.06 SAMPLES Represented. A. The Contractor shall furnish, for the approval of the Consultant, samples 4. Place of Origin. required by the Contract Documents or requested by the CONSULTANT. 5. Name of Producer and Brand (if Samples shall be delivered to the any). CONSULTANT as specified or directed. The Contractor shall 6. Location in Project. prepay all shipping charges on samples. Materials or equipment for Samples of finished materials shall which samples are required shall not have additional marking that will be used in work until approved by identify them under the finished the CONSULTANT. schedules. B. Samples shall be of sufficient size E. The Contractor shall prepare a and quantity to clearly illustrate: transmittal letter in triplicate for each shipment of samples containing the 1. Functional characteristics of the information required in Paragraph product, with integrally related 1.0613above. It shall enclose a copy parts and attachment devices. of this letter with the shipment and send a copy of this letter to the 2. Full range of color, texture and CONSULTANT. Approval of a pattern. sample shall be only for the characteristics or use named in such 3. A minimum of two (2) samples approval and shall not be construed of each item shall be submitted. to change or modify any Contract requirements. C. Field samples and mock-ups: 1. Contractor shall erect, at the F. Approved samples not destroyed in Project site, at a location testing shall be sent to the acceptable to the Consultant. CONSULTANT or stored at the site 2. Size of area: 15 feet long x 6 of the Work. Approved Samples of feet high or that specified in the the hardware in good condition will respective specification section. be marked for identification and may be used in the work. Materials and 3. Fabricate each sample and equipment incorporated in work mock-up complete and finished. shall match the approved Samples. Samples which failed testing or were 4. Remove mock-ups at not approved will be returned to the conclusion of Work or when Contractor at its expense, if so acceptable to the Consultant. requested at time of submission. D. Each sample shall have a label indicating: PART 2-PRODUCTS (NOT USED) 1. Name of Project. PART 3-EXECUTION (NOT USED) 2. Name of Contractor and END OF SECTION Subcontractor. Boynton Beach Utilities—Stormwater(CIPP)Lining BB Leisureville&Gateway Blvd SCO1340-106 SHOP DRAWING,WORK DRAWINGS AND SAMPLES 1 � SECTION 01505— MOBILIZATION PART I -GENERAL 10. Have Contractor's superintendent at the job site 1.01 DEFINITION AND SCOPE full time. A. Mobilization shall include the 11. Submit a detailed Contractor obtaining of all construction CPM schedule permits, insurance, and bonds; acceptable to the Consultant moving onto the site of all plant as specified. and equipment, temporary 12. Submit a Schedule of Values buildings and other construction of the Work. facilities; all as required for the proper performance and 13. Submit a schedule of completion of the Work. submittals. Mobilization shall include, but not be limited to, the following 1.02 DEMOBILIZATION principal items: A. Demobilization is the timely and 1. Move onto the site all proper removal of all contractor- Contractor's plan and owned material, equipment or equipment required for first plant, from the job site and the month operations. proper restoration or completion of work necessary to bring the 2. Install temporary site into full compliance with the construction power, wiring, Contract Documents. and lighting facilities. 1.03 PAYMENT FOR 3. Establish fire protection plan MOBILIZATION/DEMOBILIZATION and safety program. 4. Secure construction water A. Contractor shall be limited to a maximum of 3.0 percent of the supply. total price bid for mobilization. 5. Provide on-site sanitary The cost of facilities and potable water mobilization/demobilization shall facilities as specified. be shown in the Schedule of Values. 6. Arrange for and erect B. Demobilization shall be shown in Contractor's work and the schedule of values as a storage yard and minimum 25 percent of the value employees'parking facilities. for mobilization. 7. Submit all required PART 2- PRODUCTS (NOT USED) insurance certificates and bonds. PART 3- EXECUTION (NOT USED) 8. Obtain all required permits. 9. Post all OSHA, EPA, END OF SECTION Department of Labor, and all other required notices. Boynton Beach Utilities—Stormwater(CIPP)Lining BB Leisureville&Gateway Blvd SCO1505-107 MOBILIZATION 1 � SECTION 01540 - SECURITY AND SAFETY PROCEDURES FOR INFRASTRUCTURE PROJECTS PART 1 GENERAL B. Contractor shall continuously inspect all its work, materials, 1.01 As a minimum, the Contractor shall equipment and facilities to discover provide and assure that all of its and determine any such conditions personnel have and wear common and shall be solely responsible for colored Company shirts, safety vests, discovery, determination and hard hats and substantial leather work correction of any such condition. shoes/boots. Other Personal Protective Equipment (PPE) as required by C. Contractor shall prepare and governing local, state and Federal laws maintain accurate reports of and regulations. incidents of loss, theft or vandalism and shall furnish these reports to 1.02 SECTION INCLUDES CITY within three (3) days of each incident. A. Responsibility for Work Security 1.05 PROTECTION OF WORK IN B. Protection of Work in Progress, PROGRESS, MATERIALS AND Materials and Equipment EQUIPMENT C. Protection of Existing Property A. Contractor shall be responsible for and shall bear any and all risk of loss D. Security Program or damage to work in progress, all materials delivered to the site, and E. Entry Control all materials and equipment involved in the Work until completion and final F. Personnel Identification acceptance of Work under this Contract. Excluded from G. Security Service Contractor's responsibility is any loss or damage that results from the H. Miscellaneous Restrictions sole active negligence of the CITY or its representatives. 1.03 RELATED SECTIONS 1.06 PROTECTION OF EXISTING A. Section 01010—Summary of Project PROPERTY B. Section 01500 - Temporary A. Contractor shall so conduct its Facilities and Controls operations as not to damage, close, or obstruct any utility installation, 1.04 RESPONSIBILITY OF WORK highway, road or other property until SECURITY permits therefore have been obtained. If facilities are closed, A. Contractor shall,at its expense,at all obstructed, damaged or rendered times conduct all operations under unsafe by Contractor's operations, the Contract in a manner to avoid the Contractor shall, at its expense, risk of loss, theft or damage by make such repairs and provide vandalism,sabotage or other means temporary guards, lights and other to any property. Contractor shall signals as necessary or required for promptly take all reasonable safety and as will be acceptable to precautions that are necessary and the CITY. adequate against any conditions that involve a risk of loss, theft or B. Contractor shall conduct its damage to its property, at a operation so as not to damage any minimum. existing buildings or structures. The Boynton Beach Utilities—Stormwater(CIPP)Lining BB Leisureville&Gateway Blvd SCO1540-108 SECURITY/SAFETY PROCEDURES FOR INFRASTRUCTURE PROJECTS 1 � Contractor shall verify that means CITY will make a final determination and methods of construction used on which, if any, of the following inside, adjacent to, under or over requirements are to be existing buildings will not cause implemented. damage. The Contractor shall provide protection methods that are 1. Protect Work existing premises acceptable to the CITY. and CITY's operations from theft, vandalism, and C. Unless otherwise specifically unauthorized entry. provided in the Contract, Contractor shall not do any work that would 2. Initiate program at project disrupt or otherwise interfere with mobilization. the operation of any pipeline, telephone, electric, radio, gas, 3. Maintain program throughout transmission line, ditch or other construction period until CITY structure, nor enter upon lands in acceptance precludes the need their natural state until approved by for Contractor security. the CITY. 1.08 RESTRICTIONS D. Thereafter,and before it begins such work, Contractor shall give due A. Do not allow cameras on site or notice to CITY of its intention to start photographs taken except by written such work. Contractor shall not be approval of the CITY. entitled to any extension of time or any extra compensation on account PART 2 PRODUCTS of any postponement, interference or delay caused by any such line, Not Used. ditch or structure on or adjacent to the site of work. PART 3 EXECUTION E. Contractor shall preserve and Not Used. protect all cultivated and planted areas and vegetation such as trees, END OF SECTION plants, shrubs and grass on or adjacent to the premises, which, as determined by CITY, do not reasonably interfere with the performance of this Contract. F. Contractor shall be responsible for damage to any such areas and vegetation and for unauthorized cutting of trees and vegetation, including,without limitation,damage arising from the performance of its work through operation of equipment or stockpiling of materials. All cost in connection with any repairs or restoration necessary or required by reason of any such damage or unauthorized cutting shall be borne by Contractor. 1.07 SECURITY PROGRAM A. At the Pre-Construction Meeting,the Boynton Beach Utilities—Stormwater(CIPP)Lining BB Leisureville&Gateway Blvd SCO1540-109 SECURITY/SAFETY PROCEDURES FOR INFRASTRUCTURE PROJECTS 1 � SECTION 01570 - MAINTENANCE OF TRAFFIC PART 1 GENERAL vehicles and Owner's operations. Contractor's employee's personal 1.01 Contractor shall provide all labor, vehicles shall NOT be parked"in and material and services to perform all around" the project site. operations required for the maintenance Contractor's employee's personal and protection of vehicular and vehicles shall be parked at the pedestrian traffic in conformance to all storage yard. applicable FDOT laws and regulations and subject to acceptance and permits 1.06 TRAFFIC CONTROLERS by Owner, Palm Beach County and A. Provide trained and equipped traffic FDOT as applicable. controllers to regulate traffic when construction operations encroach on 1.02 REFERENCES public traffic lanes. A. State of Florida Department of 1.07 LIGHTS Transportation Standard Specifications for Road and Bridge A. Use approved barricades with lights Construction, Section 102, 2000 during hours of low visibility to Edition (or latest edition) delineate traffic lanes and to guide traffic. B. State of Florida Manual of Traffic Control and Safe Practices for Street 1.08 TRAFFIC SIGNS AND DEVICES and Highway Construction, Maintenance and Utility Operations A. At approaches to site and on site, C. The Manual of Uniform Traffic install at crossroads, detours, Control Devices, latest edition parking areas, and elsewhere as needed, to direct construction and D. CBB ROW Permit affected public traffic. The Contractor shall submit traffic control through work zone plans based on 1.03 SUBMITTAL FDOT Roadway and Traffic Design Standards, 2001 Edition (or latest A. Submit Traffic Control Plans, ROW edition). Permit Applications and Construction Schedule to the B. Relocate as Work progresses, to Owner, Palm Beach County (if maintain effective traffic control. applicable), and the FDOT (if applicable) for review and acceptance 30 days prior to the start 1.09 REMOVAL of construction. A. Remove equipment and devices 1.04 SIGNS AND DEVICES when no longer required. A. Traffic Control and Informational B. Repair damage caused by Signs installation. B. Traffic Cones and Drums,and Lights 1.10 SPECIFIC TRAFFIC CONTROL C. Traffic Controllers Equipment A. Contractor shall maintain through traffic on all public roads at all times 1.05 CONSTRUCTION PARKING CONTROL unless stated otherwise herein. A. Control vehicular parking to prevent B. Contractor shall maintain access to interference with public traffic and all vehicular driveways (public or parking, access by emergency private)at all times. Contractor shall backfill and install temporary rock Boynton Beach Utilities—Stormwater(CIPP)Lining BB Leisureville&Gateway Blvd SCO 1570-110 MAINTENANCE OF TRAFFIC 1 � base as necessary in order to provide safe and functional access to all driveways. C. Contractor shall coordinate with the Police and Fire Departments for whom the Contractor will provide satisfactory access at all times. D. Contractor shall maintain, at the minimum, one travel lane, in each direction, when performing work within the Palm Beach County Right- of-Way. 1.11 EXECUTION A. The Contractor shall arrange its work to cause minimum disturbance to normal pedestrian and vehicular traffic; and shall be held responsible for providing and maintaining suitable means of access (including emergencies) to all public and private properties during all stages of the construction. B. If it becomes necessary to block off an entire street to vehicular traffic during construction (other than for an emergency situation), the Contractor must secure the written authorization of the CITY and Palm Beach County or FDOT as acknowledged as a condition of the Right-of-Way (ROW) permit(s) prior to completely blocking off the roadway. 1.12 UNIT PRICE—MEASUREMENT AND PAYMENT A. Refer to Section 01025 - MEASUREMENT AND PAYMENT PROCEDURES. END OF SECTION Boynton Beach Utilities—Stormwater(CIPP)Lining BB Leisureville&Gateway Blvd SCO 1570-111 MAINTENANCE OF TRAFFIC 1 � SECTION 01600 - MATERIAL AND EQUIPMENT PART 1 - GENERAL A. When Contract Documents require that installation of Work 1.01 DESCRIPTION shall comply with manufacturer's printed instructions. Contractor A. Scope of Work: Material and shall obtain and distribute copies equipment incorporated into the of such instructions to parties Work: involved in the installation, including five (5) copies to the 1. Manufactured and fabricated Consultant. products: 1. Maintain one (1) set of a. Design, fabricate and complete instructions at the assemble in accord with job site during installation the best engineering and until completion. and shop practices. B. Contractor shall handle, install, b. Manufacture like parts of connect, clean, condition and duplicate units to adjust products in strict accord standard sizes and with such instructions and in gauges, to be conformity with specified interchangeable. requirements. c. Two (2)or more items of 1. Should job conditions or the same kind shall be specified requirements identical, by the same conflict with manufacturer's manufacturer. instructions, consult with Consultant for further d. Products shall be instructions. suitable for service conditions. 2. Do not proceed with Work without clear instructions. e. Equipment capacities, sizes and dimensions C. Contractor shall perform work in shown or specified shall accordance with manufacturer's be adhered to unless instructions. Do not omit any variations are preparatory step or installation specifically approved in procedure unless specifically writing. modified or exempted by Contract Documents. 2. Do not use material or equipment for any purpose 1.03 TRANSPORTATION AND other than that for which it is HANDLING designed or specified. A. Contractor shall arrange 1.02 MANUFACTURER'S deliveries of products in NSTRUCTIONS FOR accordance with progress INSTALLATION schedules, coordinate to avoid conflict with work and conditions Boynton Beach Utilities—Stormwater(CIPP)Lining BB Leisureville&Gateway Blvd SCO1600-112 MATERIAL AND EQUIPMENT 1 � at the site. B. Contractor shall store products in accord with manufacturer's 1. Deliver products in instructions, with seals and undamaged condition, in labels intact and legible. manufacturer's original containers or packaging, 1. Store products subject to with identifying labels intact damage by the elements in and legible. weather-tight enclosures. 2. Immediately on delivery, 2. Maintain temperature and inspect shipments to assure humidity within the ranges compliance with required by manufacturer's requirements of Contract instructions. Documents and approved submittals, and that products 3. Store fabricated products are properly protected and above the ground, on undamaged. blocking or skids, prevent soiling or staining. Cover B. Contractor shall provide products which are subject equipment and personnel to to deterioration with handle products by methods to impervious sheet coverings, prevent soiling or damage to provide adequate ventilation products or packaging. to avoid condensation. 1.04 STORAGE AND PROTECTION 4. Store loose granular materials in a well-drained A. The Contractor shall furnish a area on solid surfaces to covered, weather-protected prevent mixing with foreign storage structure providing a matter. clean, dry, non-corrosive environment for all mechanical C. All materials and equipment to equipment, valves, architectural be incorporated in the Work shall items, electrical and be handled and stored by the instrumentation equipment, and Contractor before, during and special equipment to be after shipment in a manner to incorporated into this Project. prevent warping, twisting, Storage or equipment shall be in bending, breaking, chipping, strict accordance with the rusting, and any injury, theft or "instructions for storage" of each damage of any kind whatsoever equipment supplier and to the material or equipment. manufacturer including connection of heaters, placing of D. Contractor shall store under a storage lubricants in equipment, roof or off the ground cement, etc. Corroded, damaged or sand and lime, and shall be kept deteriorated equipment and completely dry at all times. All parts shall be replaced before structural and miscellaneous acceptance of the Project. steel, and reinforcing steel shall Equipment and materials not be stored off the ground or properly stored will not be otherwise to prevent included in a payment estimate. accumulations of dirt or grease, and in a position to prevent Boynton Beach Utilities—Stormwater(CIPP)Lining BB Leisureville&Gateway Blvd SC01600-113 MATERIAL AND EQUIPMENT 1 � accumulations of standing water any such material, equipment and to minimize rusting. Beams and supplies are lost, stolen, shall be stored with the webs damaged or destroyed prior to vertical. Precast concrete final inspection and acceptance, beams shall be handled and the Contractor shall replace stored in a manner to prevent same without additional cost to accumulations of dirt, standing the CITY. water, staining, chipping or cracking. Brick, block and I. Should the Contractor fail to take similar masonry products shall proper action on storage and be handled and stored in a handling of equipment supplied manner to reduce breakage, under this Contract within seven chipping, cracking and spalling (7)days after written notice to do to a minimum. so has been given, the CITY retains the right to correct all E. All materials, which, in the deficiencies noted in previously opinion of the Consultant, have transmitted written notice and become so damaged as to be deduct the cost associated with unfit for the use intended or these corrections from the specified, shall be promptly Contractor's Contract. These removed by the Contractor from costs may be comprised of the site of the Work, and the expenditures for labor, Contractor shall receive no equipment usage, compensation for the damaged administrative, clerical, material or its removal. engineering and any other costs associated with making the F. Contractor shall arrange storage necessary corrections. in a manner to provide easy access for inspection. Make 1.05 STORAGE AND HANDLING OF periodic inspections of stored EQUIPMENT ON SITE products to assure that products are maintained under specified A. Because of the long period conditions, and free from allowed for construction, special damage or deterioration. attention shall be given to the storage and handling of G. Protection After Installation: equipment on site. As a Contractor shall provide minimum,the procedure outlined substantial coverings as below shall be followed by necessary to protect installed Contractor: products from damage from traffic and subsequent 1. All equipment having moving construction operations. parts such as gears, electric Remove covering when no motors, etc. and/or longer needed. instruments shall be stored H. The Contractor shall be in a temperature and responsible for all material, humidity controlled building equipment and supplies sold and approved by the Consultant, delivered to the CITY under this until such time as the Contract until final inspection of equipment is to be installed. the Work and acceptance thereof by the CITY. In the event 2. All equipment shall be stored Boynton Beach Utilities—Stormwater(CIPP)Lining BB Leisureville&Gateway Blvd SC01600-114 MATERIAL AND EQUIPMENT 1 � fully lubricated with oil, by the manufacturer shall be grease, etc. unless deemed to mean that the otherwise instructed by the equipment is judged by the manufacturer. manufacturer to be in a 3. Manufacturer's storage condition equal to that of instructions shall be carefully equipment that has been studied by the Contractor shipped, installed, tested and reviewed with the and accepted in a minimum Consultant by him. These time period. As such, the instructions shall be carefully manufacturer will guarantee followed and a written record the equipment equally in of this kept by the both instances. If such a Contractor. certification is not given, the equipment shall be judged to 4. Moving parts shall be rotated be defective. It shall be a minimum of once weekly to removed and replaced at the insure proper lubrication and Contractor's expense. to avoid metal-to-metal "welding". Upon installation 1.06 SPARE PARTS of the equipment, the Contractor shall start the A. Spare parts for certain equipment, at least half the equipment provided under load, once weekly for an Divisions 11: Equipment; 13: adequate period of time to Special Construction; 15: insure that the equipment Mechanical; and 16: Electrical does not deteriorate from have been specified in the lack of use. pertinent sections of the Technical Specifications. The 5. Lubricants shall be changed Contractor shall collect and store upon completion of all spare parts so required in an installation and as frequently area to be designated by the as required thereafter during Consultant. In addition, the the period between Contractor shall furnish to the installation and acceptance. Consultant an inventory listing all Mechanical equipment to be spare parts, the equipment they used in the Work, if stored are associated with, the name for longer than ninety (90) and address of the supplier, and days, shall have the the delivered cost of each item. bearings cleaned, flushed Copies of actual invoices for and lubricated prior to each item shall be furnished with testing and startup, at no the inventory to substantiate the extra cost to the CITY. delivered cost. 6. Prior to acceptance of the 1.07 GREASE, OIL AND FUEL equipment, the Contractor shall have the manufacturer A. All grease, oil and fuel required inspect the equipment and for testing of equipment shall be certify that its condition has furnished with the respective not been detrimentally equipment. The CITY shall be affected by the long storage furnished with a year's supply of period. Such certifications required lubricants including Boynton Beach Utilities—Stormwater(CIPP)Lining BB Leisureville&Gateway Blvd SC01600-115 MATERIAL AND EQUIPMENT 1 � grease and oil of the type recommended by the manufacturer with each item of equipment supplied. B. The Contractor shall be responsible for changing the oil in all drives and intermediate drives of each mechanical equipment after initial break-in of the equipment,which in no event shall be any longer than three(3) weeks of operation. PART 2- PRODUCTS (NOT USED) PART 3- EXECUTION (NOT USED) END OF SECTION Boynton Beach Utilities—Stormwater(CIPP)Lining BB Leisureville&Gateway Blvd SC01600-116 MATERIAL AND EQUIPMENT ti SECTION 02322 DEWATERING AND DRAINAGE ************************************************************ The Utilities Department uses the Florida Department of Transportation (FDOT) Standard Specifications for Road and Bridge Construction and the FDOT Design Standards, latest edition, as reference documents. It is the intent of the Utilities Department that this technical specification (02322)shall govern the applicable project work that is typically identified in the following FDOT Specification and Standard sections: • Section 120- Excavating and Embankment • Section 125- Excavation for Structures and Pipe • Section 160-Stabilizing • Section 514- Plastic Filter Fabric(Geotextile) In the event that this technical specification (02322) is either silent on an issue or requirement or if it appears to present a conflict with the referenced FDOT Specifications and Standards, it is the responsibility of the Contractor to request clarification or resolution, in writing, from the Project Manager and Engineer. ************************************************************ 1 PART 1 GENERAL 1.1 STATUTORY REQUIREMENTS A. Contractor is responsible to obtain and pay for all permits required for temporary dewatering and drainage systems as required by the appropriate authorities having jurisdiction over the work. B. Original permits shall be prominently displayed on the site prior to constructing dewatering and drainage systems. 1.2 SCOPE OF WORK A. Furnish, install, operate, monitor, maintain and remove temporary dewatering and drainage systems as required and lower and maintain groundwater levels a minimum of 2 feet below sub-grades of excavations. Continuously maintain excavations free of water, regardless of source, and until backfilled to final grade. Prevent surface water runoff from entering or accumulating in excavations. B. Furnish the services of a licensed professional engineer registered in the State of Florida, to prepare dewatering and drainage system designs and submittals. C. Collect and properly dispose of all discharge water from dewatering and drainage systems in accordance with State and local requirements and permits. As a minimum, no discharge or run-off of groundwater or surface water that is contaminated with any petroleum products (gasoline, diesel fuel, oil, grease, hydraulic fluid, etc.) and/or sanitary waste shall be made to surface water systems such as lakes, rivers, streams, the Intracoastal Waterway or "on-site" retention ponds that secondarily discharge to these surface water systems. D. Repair damage caused by dewatering and drainage system operations. Boynton Beach Utilities—Stormwater(CIPP)Lining BB Leisureville&Gateway Blvd SCO2322-117 DEWATERING AND DRAINAGE ti E. Remove temporary dewatering and drainage systems when no longer needed. Restore all disturbed areas. F. Furnish, install, monitor, maintain and remove groundwater observation wells(piezometers)as specified herein.] 1.3 RELATED SECTIONS A. The pre-design Geotechnical report is being provided for "reference only" and to provide the Contractor with the bore hole locations and general findings of subsurface materials. Refer to Section 02320 TRENCHING AND EXCAVATION for additional clarification. B. Section SC01010—Summary of Project C. Section SC01110— Environmental Protection Procedures D. Section SCO 1025 - Measurement and Payment E. Section SCO1400 -Quality Requirements F. Section 02300— Earthwork G. Section 02320—Trenching and Excavation H. Section 02324 - Backfill 1.4 UNIT PRICE—MEASUREMENT AND PAYMENT A. There is no unit pricing for this work and all on-site dewatering and drainage shall be considered to be incidental to the cost of the associated pay item(s). B. If identified in the Schedule of Bid Items, the cost of securing a General Water Use Permit from the South Florida Water Management District shall be reimbursed as an Allowance in accordance with Section SC01025 MEASUREMENT AND PAYMENT. 1.5 SUBMITTALS A. Submit, in accordance with Section SCO1340 SHOP DRAWINGS, WORK DRAWINGS, AND SAMPLES the temporary dewatering and drainage system plan and design. At the discretion of the Owner, dewatering and drainage system designs shall be prepared by a licensed professional engineer, registered in the State of Florida, having a minimum of 5 years of professional experience in the design and construction of dewatering and drainage systems. The submittal will be for authorization to make formal permit application to the South Florida Water Management District for the General Water Use Permit. The Contractor shall be responsible for adequacy and safety of construction means, methods and techniques. 1.6 DEFINITIONS A. Wellpoint: A dewatering system utilizing wellpoints to extract surrounding groundwater in the area of trenching/excavating in order to maintain the operation in a dry condition for preparation of the trench bottom, for pipe laying, placement of bedding material and/or backfill, compaction and density testing. Boynton Beach Utilities—Stormwater(CIPP)Lining BB Leisureville&Gateway Blvd SCO2322-118 DEWATERING AND DRAINAGE ti B. A dry excavation/trench: Shall be defined as the in situ soil moisture content is no more than two percentage points above the optimum moisture content for that general soil. 2 PART 2 PRODUCTS 2.1 Pump Drivers A. Noise levels emitted by diesel and/or gasoline pump drivers shall be controlled by the use of a "quiet-pack" muffler system or other suitable sound attenuation methods and shall not exceed 60 dB for daytime use and 55 dB for night time use at the nearest "receiving" property line. Contractor shall demonstrate, measure and record the dB levels at the time of initial set-up. The Contractor shall record dB levels weekly. The City's Code Compliance Division of the Boynton Beach Police Department shall have jurisdictional control over the Contractor's compliance with the City's Noise Ordinance. 3 PART 3 EXECUTION 3.1 GENERAL A. Protection of Property - Contractor shall make an assessment for dewatering induced settlement and shall provide devices or systems, including but not limited to re-injection wells, infiltration trenches and cutoff walls, necessary to prevent damage to existing facilities, completed Work and adjacent facilities. B. Control surface water and groundwater such that excavation to final grade is made in the dry, and bearing soils are maintained undisturbed. Prevent softening, or instability of, or disturbance to, the sub-grade due to water seepage. C. Provide protection against flotation for all work. D. The impact of anticipated subsurface soil/water conditions shall be considered when selecting methods of excavation and temporary dewatering and drainage systems. Through the use of groundwater observation wells (piezometers), where groundwater levels are found not to be at least 2 feet below the proposed bottoms of excavations, a pumped dewatering system is required for pre-drainage of the soils prior to excavation and for maintenance of the lowered groundwater level until construction has been completed to such an extent that the foundation, structure, pipe, conduit, or fill will not be floated or otherwise damaged. Type of dewatering system, spacing of dewatering units and other details of the work are expected to vary with soil/water conditions at a particular location. E. Wellpoints shall not be set in such a way that undermines orjeopardizes paved areas; if the setting of wellpoints undermines or impacts paved areas, the impacted areas shall be removed and restored equal to or better than their original condition at the expense of the Contractor. F. Pipe and conduit shall not be installed in water or allowed to be submerged prior to backfilling. Pipe and conduit which becomes submerged shall be removed and the excavation dewatered and restored to proper conditions prior to reinstalling the pipe and conduit 3.2 SURFACE WATER CONTROL Boynton Beach Utilities—Stormwater(CIPP)Lining BB Leisureville&Gateway Blvd SCO2322-119 DEWATERING AND DRAINAGE ti A. Control surface water runoff to prevent flow into excavations. Provide temporary measures such as dikes, ditches and sumps. 3.3 GROUNDWATER OBSERVATION WELLS (PIEZOMETERS) A. Groundwater observation wells (piezometers) shall be installed for monitoring groundwater levels before and during construction/installation of pipelines, foundations and structures that are below or just above the existing groundwater table. A minimum of one well for every 100 feet of pipeline and two wells at each foundation or structure in locations accepted by the Engineer. Observation wells shall be designed and installed in such a manner as to provide an accurate and reliable indication of the groundwater levels adjacent to the pipelines,foundations and structures. B. Each observation well shall be installed in a 2'/2 inch diameter bore hole extending at least 4- ft below the invert of the pipeline, foundation or structure. Backfill the annular space surrounding the intake and casing with filter sand especially processed for this purpose. Cap the top of the well to prevent infiltration of surface water. C. Maintain observation wells until pipelines, foundations and structures are backfilled. Observe and record daily the groundwater elevation in each well. Furnish measurements daily to the Project Manager. Periodically verify observation well accuracy by adding water to the well and recording the drop in level from the time the water was added. Redevelop plugged observation wells to maintain accuracy and reliability of groundwater level indication. D. Excavation work shall not be performed until the readings obtained from the observation wells indicate that the groundwater has been lowered at least 2 feet below the bottom of the sub- grade within the limits of excavation. 3.4 DISPOSAL OF DRAINAGE WATER A. All water discharged from temporary dewatering and drainage systems shall be disposed of in accordance with the sedimentation and control plans as specified in Section SCO1110 ENVIRONMENTAL PROTECTION PROCEDURES. Existing or new sanitary sewer systems shall not be used to dispose of drainage without written authorization from the Project Manager. B. Collect and properly dispose of all discharge water from dewatering and drainage systems in accordance with State and local requirements and permits. As a minimum, no discharge or run-off of groundwater or surface water that is contaminated with any petroleum products (gasoline, diesel fuel, oil, grease, hydraulic fluid, etc.) and/or sanitary waste shall be made to surface water systems such as lakes, rivers, streams, the Intracoastal Waterway or "on-site" retention ponds that secondarily discharge to these surface water systems. DEWATERING A. All State and local permits associated with dewatering are the responsibility of the Contractor. B. Dewatering systems shall be designed to allow for localized variations in the depths of the excavations. Boynton Beach Utilities—Stormwater(CIPP)Lining BB Leisureville&Gateway Blvd SCO2322-120 DEWATERING AND DRAINAGE ti C. Prevent surface water and subsurface or groundwater from flowing into excavations and from flooding project site and surrounding areas. All pumping and drainage shall be done with no damage to property or structures and without interference with the rights of the public, owners of private property, pedestrians and vehicular traffic. D. Do not allow water to accumulate in excavations. Remove water to prevent softening of foundation bottoms, undercutting footings, and soil changes detrimental to stability of sub-grades and foundations. Provide and maintain pumps, well points, sumps, suction and discharge lines, and other dewatering system components necessary to convey water away from excavations. E . Establish and maintain temporary drainage ditches and other diversions outside excavation limits to convey rainwater and water removed from excavations to collecting or runoff areas. Do not use trench excavations as temporary drainage ditches. F. Dewatering shall be accomplished well enough in advance of excavation to ensure that groundwater is already lowered prior to completing the final excavation to finish grade. G. Lower and maintain groundwater level a minimum of two(2)feet below bottom of excavation during placement and compaction of bedding material and foundation soils and during placement and compaction of fill and back-fill material. H. Excavations for foundations and structures shall be maintained in-the-dry for a minimum of 4 days after concrete placement. In no event shall water be allowed to enter an excavation and rise to cause unbalanced pressure on foundations and structures until the concrete or mortar has set at least 24 hours. I . Dewatering and drainage operations shall at all times be conducted in such a manner as to preserve the natural undisturbed bearing capacity of the sub-grade at the bottom of the excavation. If the sub-grade becomes disturbed for any reason, the unsuitable sub-grade material shall be removed and replaced with concrete, compacted granular fill, or other approved material to restore the bearing capacity of the sub-grade to its original undisturbed condition at no additional cost to the Owner. 3.6 DAMAGE RESTORATION A. Damage restoration: The Contractor shall be responsible for any heaving, settlement and/or separation of pavement that results from the dewatering operations. A damage restoration/remediation plan will be required for review and authorization to proceed. 3.7 RESTORATION OF DEWATERING ACTIVITIES A. As the wellpoints are withdrawn, the locations of the voided areas shall immediately backfilled by jetting approved backfill material into the voids until they are completely filled. These restored wellpoint voids are subject to random density verification testing. END OF SECTION Boynton Beach Utilities—Stormwater(CIPP)Lining BB Leisureville&Gateway Blvd SCO2322-121 DEWATERING AND DRAINAGE THE CITY OF BOYNTON BEACH UTILITIES DEPARTMENT CURED-IN-PLACE PIPE LINING (CIPP) TECHNICAL SPECIFICATIONS �iy ti t4pr 55 epi t � i lC TR Boynton Beach Utilities—Stormwater(CIPP)Lining BB Leisureville&Gateway Blvd 122 TECHNICAL SPECIFICATIONS TABLE OF CONTENTS CURED-IN-PLACE PIPE (CIPP) TECHNICAL SPECIFICATIONS SECTION 1 —GENERAL REQUIREMENTS 1.1 Location of Work 1.2 Wastewater/Stormwater GIS Map 1.3 Pre-Rehabilitation Site Videos 1.4 Sequence of Work 1.5 Storm Preparedness 1.6 Wastewater By-Pass Pumping Operations 1.7 Work in Private Property 1.8 Quality Control and Quality Assurance 1.9 Safety SECTION 2—CURED-IN-PLACE PIPE (CIPP) LINERS 2.1 General 2.2 Governing Standards 2.3 Submittals 2.4 Trenchless Rehabilitation Products 2.4.1 Product Design Life 2.4.2 Rehabilitation Products 2.4.3 Third Party Test Results 2.4.4 Rehabilitation Product Processes 2.5 Warranty 2.5.1 Contractor Warranty 2.5.2 Contractor Warranty Response 2.5.3 Manufacturer/Subcontractor Warranty 2.6 CIPP Material Manufacturer Qualifications 2.6.1 CIPP Main Liner Manufacturer 2.6.2 CIPP Lateral Liner Manufacturer 2.7 Cured-In-Place Pipe (CIPP) Materials 2.7.1 Product Identification 2.7.2 Field Installation Test Results 2.7.3 Proven Materials 2.7.4 Main Liner Materials 2.7.5 Resin Materials 2.7.6 Lateral Liner Materials 2.8 Structural Requirements 2.8.1 Variable Physical Properties 2.8.2 ASTM F1216 Design 2.8.3 Long-Term Testing 2.8.4 Cured CIPP Liner Layers 2.8.5 Minimum Physical Properties 2.8.6 Wall Thickness Design Parameters 2.8.7 Resin Saturation 2.8.8 Minimum Wall Thickness SECTION 3— PREPARATION 3.1 General 3.2 Cleaning of Wastewater System Boynton Beach Utilities—Stormwater(CIPP)Lining BB Leisureville&Gateway Blvd 123 TABLE OF CONTENTS 3.3 Pre-Installation CCTV Inspection 3.4 Point Repairs 3.5 By-Pass Pumping of Wastewater 3.6 Public Notification 3.7 Installation 3.7.1 Resin Impregnation 3.7.2 Main Liner Installation 3.7.3 Lateral Liner Installation 3.7.4 Curing 3.7.5 Cool Down 3.7.6 CIPP Main Liner Termination and Connection 3.8 Service Reconnection 3.9 Inspection and Testing 3.9.1 Material Testing 3.9.2 Field Testing SECTION 4—CLEANING OF WASTEWATER/STORMWATER SYSTEM 4.1 General 4.2 Qualification 4.3 Submittals 4.4 Products 4.4.1 Cleaning Equipment 4.5 Execution 4.5.1 CIPP Cleaning 4.5.2 Final Acceptance of Pipe Cleaning SECTION 5—CLOSED CIRCUIT TELEVISION INSPECTION (CCTV) 5.1 General 5.2 Qualifications 5.3 Submittals 5.3.1 CCTV Property of City 5.4 Products 5.4.1 Equipment 5.5 Execution 5.5.1 Televising 5.5.2 Flow Control 5.5.3 Passage of CCTV Camera 5.5.4 CCTV Inspection Data Requirements 5.5.5 Field Quality Control SECTION 6— REMOVAL OF PROTRUDING SERVICE CONNECTIONS 6.1 General 6.2 Products 6.2.1 Equipment 6.3 Execution 6.3.1 Performance 6.3.1 Inspection 6.3 Execution 6.3.1 Performance 6.3.2 Inspection Boynton Beach Utilities—Stormwater(CIPP)Lining BB Leisureville&Gateway Blvd 124 TABLE OF CONTENTS SECTION 7—CHEMICAL SEALING OF HOST PIPE 7.1 General 7.2 Products 7.2.1 Sealing Materials 7.3 Submittals 7.4 Equipment 7.4.1 General 7.5 Execution 7.5.1 General 7.5.2 Grout Mixing 7.5.3 Host Pipe Sealing by Pressure Grout Method 7.5.4 Cleanup 7.5.5 Disposal 7.5.6 Wastewater Flow Controls SECTION 8—CHEMICAL SEALING OF SERVICE CONNECTIONS 8.1 General 8.2 Products 8.2.1 Sealing Materials 8.3 Submittals 8.4 Equipment 8.4.1 General 8.5 Execution 8.5.1 General 8.5.2 Grout Mixing 8.5.3 Lateral Service Sealing by Pressure Grout Method 8.5.4 Cleanup 8.5.5 Disposal 8.5.6 Wastewater Flow Controls Boynton Beach Utilities—Stormwater(CIPP)Lining BB Leisureville&Gateway Blvd 125 TABLE OF CONTENTS CURED-IN-PLACE PIPE (CIPP) TECHNICAL SPECIFICATIONS SECTION 1 —GENERAL REQUIREMENTS THE CONTRACTOR IS ADVISED THAT THIS CONTRACT REQUIRES WORK IN ACTIVE WASTEWATER COLLECTION SYSTEMS AND STORM WATER SYSTEMS SHALL FOLLOW ALL FEDERAL, STATE AND LOCAL REQUIREMENTS FOR SAFETY IN CONFINED SPACES. THE CONTRACTOR SHALL CONFORM TO ALL GUIDELINES BY THE OCCUPATION SAFETY AND HEALTH ADMINISTRATION (OSHA) FEDERAL REGULATIONS; 29 CFR CH.XVII, SECTION 1910.146 CONFINED SPACE ENTRY. 1.1 LOCATION OF THE WORK The work shall be performed on specific pipeline segments as defined in this Bid document at various locations throughout the City of Boynton Beach and extended wastewater service and stormwater system areas. Access to the work site may be over public streets and rights-of-way located in residential areas. Any damage to existing pavement or other surface improvements, attributable to the Contractor's activities, shall be restored to equal or better condition by the Contractor at the Contractor's expense. 1.2 WASTEWATER/STORMWATER GIS MAP The Contractorwill be provided Wastewater/Stormwater GIS maps covering those areas associated with individual Projects and shall refer to them for additional information. The Wastewater / Stormwater GIS maps are issued as a supplement to the Project. They represent the best practical information available regarding the location and layout of the existing wastewater collection system or stormwater system. The accuracy of the information and dimensions on the Wastewater GIS maps is not guaranteed. The Contractor shall verify location and size of all existing utilities prior to starting the Project. 1.3 PRE-REHABILITATION SITE VIDEOS 1.3.1 Prior to any alterations to the Project Area, the Contractor shall video record each work location. The Contractor shall provide original video recording to the Project Manager no later than 15 days after the Notice to Proceed date. 1.3.2 The video(s) shall be DVD format and shall be labeled with record of date taken, Owner's purchase order number, and a brief description of times and activity covered in the video. The video shall be indexed using the timer for locations and by street intersections and shall become a part of the Owner's permanent job records. 1.3.3 The Contractor shall provide a monthly video record of construction progress to coincide with payment requests. If construction is being conducted in different localities, then video shall be taken at each work location; the Project Manager reserves the right to select the views to be video recorded. 1.3.4 The video(s) shall include both sides of the right-of-way and record paved and unpaved driveways and walkways; conditions of lawns, shrubs, flowers, flower beds, and trees; conditions of pavement, fences, signs, planters, waterway crossing, or any other item within the work location. 1.4 SEQUENCE OF WORK 1.4.1 Contractor shall submit a Sequence of Work minimizing the number of mobilizations and demobilizations throughout the Project area(s) and demonstrate a realistic progression of work. The submittal will project Boynton Beach Utilities—Stormwater(CIPP)Lining BB Leisureville&Gateway Blvd 126 TECHNICAL SPECIFICATIONS work that may reasonably be completed in 30 day intervals to coincide with payment requests. The Sequence of Work shall provide the following information: A. Location of Project Area(s) i. Master Lift Station Basin, Lift Station, Manhole Identifications ii. Mobilization and demobilization dates iii. Linear feet within projected Project area(s) iv. Projected start and finish dates per area(s) B. Finish date for each Project area shall represent work completed and inspected by the Owner in accordance with Technical Specification Section 01025 Measurement and Payment Procedures. 1.4.2 If the Contractor demobilizes and moves to a non-consecutive Project area prior to completion, the Contractor is solely responsible for all costs associated with returning to the previous Project area to complete or correct the Work as directed by the Project Manager. 1.5 STORM PREPAREDNESS 1.5.1 In the event the issuance of an official storm warning issued by the National Weather Service,or as directed by the Owner, the Contractor shall secure, or shall remove and store all equipment and materials located at the Project location(s). Items include but are not limited to, cones, barricades, lights and signs. The Contractor shall begin taking such precautions as necessary to secure the Project locations(s)no later than 24 hours prior to predicted arrival of storm or as directed by the Owner. These activities are considered a regular part of the Work, regardless of the frequency at no additional cost to the City. 1.5.2 In the event of inclement weather, or at the direction of the Owner, the Contractor shall protect the work, private property affected by the work, and stored materials against damage. Any portion of the work or materials damaged or injured by reason of failure on the part of the Contractor, shall be removed and replaced at no additional cost to the City. 1.6 WASTEWATER BY-PASS PUMPING OPERATIONS 1. 6.1 By-pass pumping shall consist of furnishing, installing, and maintaining all power, primary and standby pumps, appurtenances and by-pass pumping pipe required to maintain existing flows and services. 1. 6.2 The Contractor shall be responsible to assess conditions and capacities of existing wastewater system in order to implement an acceptable by-pass pumping plan at no additional cost to the City. The by-pass pumping systems shall be sufficient capacity to handle existing flows plus additional flows that may occur during periods of high tide or rainfall. 1.6.3 The Contractor shall submit by-pass pumping and/or diversion plans for review and approval by the Project Manager at least 14 days prior to the Work. The Contractor shall notify the Supervisor assigned to the project a minimum of 48 hours prior to commencing with the by-pass pumping operation. Failure to receive approval by the Project Manager or Supervisor may result in the contractor's work being halted at no cost to the City. The submittal shall include the following information: A. Sketch indicating the location of temporary plugs and by-pass discharge lines (sketch shall include street names and City manhole ID numbers); B. Capacities of pumps, prime motors, and standby equipment; C. Design calculations, when required, proving adequacy of by-pass system and selected equipment; Boynton Beach Utilities—Stormwater(CIPP)Lining BB Leisureville&Gateway Blvd 127 TECHNICAL SPECIFICATIONS D. Corresponding traffic control plan, where applicable, in accordance with Technical Specification Section 01570 Maintenance of Traffic. 1.6.4 The Contractor's objective of flow by-pass pumping and or diversion pumping is to maintain an efficient and uninterrupted level of service to wastewater collection system and storm drainage users during maintenance, rehabilitation and/or construction operations are facilitated by ensuring the following: A. By-pass and diversion pumps are adequately fueled, lubricated and maintained; B. Backup spare parts are expeditiously applied to the flow by-pass and/or diversion pumping system in the event of component breakdown; C. An emergency backup plan is smoothly implemented in the event of system failure; D. Backup, spillage, flooding or overflow onto streets, yards and unpaved areas or into building, adjacent ditches,storm drains and waterways is prevented while flow by-pass or diversion pumping takes place; E. Installation,startup and subsequent disassembly of the flow by-pass and diversion pumping system is smoothly transitioned; and, F. Backup of wastewater in lateral connections within the areas of pipe being rehabilitated is prohibited. 1.6.5 Pumps shall be self-priming type or submersible electric, in good working order, with a working pressure gauge. A. All power must be supplied by the Contractor; B. All pumps used must be constructed to allow dry running for extended periods of time to accommodate the cyclical nature of wastewater flows; C. During operation, all engines shall be equipped in a manner to keep the pump noise to a minimum and comply with Technical Specification Section 01110 Environmental Protection Procedures. D. Contractor shall provide stand-by pumps of adequate capacity and spare parts for pump(s) and piping shall be kept on site as required. 1.6.6 Flow by-pass and diversion pumping shall not damage private or public property, or create a nuisance or public menace. The pumped sewage shall be in an enclosed hose or pipe that is adequately protected from traffic and shall be redirected into the wastewater collection system. After the work is completed, flow shall be returned to the sewer and all temporary equipment removed. 1.6.7 An experienced bypass-diversion pump maintenance operator/mechanic shall be on site during operation of the entire by-pass/diversion system. The operator/mechanic shall continuously: A. Adjust pump speed as appropriate so as not to adversely impact upstream or downstream flow condition levels; B. Check that the effectiveness and security of bulkheads, dams, diaphragms, plugs, valves, weirs and all other flow control devices are working effectively and according to plan; C. Check the integrity of hoses and couplings along the entire by-pass/diversion system; D. Monitor lubrication levels and top off as necessary; Boynton Beach Utilities—Stormwater(CIPP)Lining BB Leisureville&Gateway Blvd 128 TECHNICAL SPECIFICATIONS E. Facilitate repairs as required; and, F. Report problems to City. 1.6.8 In the event of accidental overflow or spillage, the Contractor shall immediately stop the overflow and take action to cleanup and disinfect the spillage. The City shall be notified immediately following the occurrence. See Technical Specification Section 01110 Environmental Protection Procedures. The Contractor shall be responsible for any penalties and costs charged to the City by the FDEP and for all costs incurred by the City as a result of the Contractor's actions or as a result of the Contractor's negligence. 1.7 WORK IN PRIVATE PROPERTY 1.7.1 In the event that, in the opinion of the Contractor, obtaining a temporary construction easement outside the limits of the right-of-way, of City-owned property, or of the easement(s) obtained by the City is necessary or desirable, it shall be the sole responsibility of the Contractor to obtain such temporary easement from the owner of the property. If such easement is obtained by the Contractor it shall contain provisions to hold the City harmless from any operations of the Contractor within the easement limits. The Contractor shall not conduct construction operations on private property outside the limits of the public right-of-way, of City- owned property, or of the easement(s) obtained by the City unless a copy of the easement agreement is filed with the City. 1.7.2 Upon completion of Work in easements, the Contractor shall restore the property, including all fences or other structures disturbed by his operations, to an as good as or better than the condition in which he found it. 1.8 QUALITY CONTROL AND QUALITY ASSURANCE 1.8.1 A detailed Quality Control Plan (QCP)shall be submitted to the Owner that fully represents and conforms to the requirements of these specifications. A detailed narrative of the proposed quality controls to be performed by the Contractor shall include the following: A. Defined responsibilities, of the Contractor's personnel, for assuring that all quality requirements,for this contract, are met. These shall be assigned, by the Contractor, to specific personnel; B. Proposed procedures for quality control, product sampling and testing shall be defined and submitted as part of the plan; C. Proposed methods for product performance controls, including method of and frequency of product sampling and testing both in raw material form and cured product form; D. A scheduled performance and product test result reviews between the Contractor and the City; and, E. Inspection forms and guidelines for quality control inspections shall be prepared in accordance with the standards specified in this contract and submitted with the QCP. 1.8.2 The Contractor shall provide access to all areas of Work, including the Contractor's facilities, for Owner. The City may conduct Quality Assurance activities so as not to excessively interfere with the Work; however, where the City Quality Assurance personnel request specific actions of the Contractor, the Contractor shall comply with the request and agrees that such compliance is included as part of its contract price. 1.8.3 Occasionally installations will result in the need to repair or replace a defective CIPP. The Contractor shall outline specific repair of replacement procedures for potential defects that may occur in the installed CIPP. Repair/replacement procedures shall be as recommended by the CIPP system manufacturer and shall be submitted as part of the Quality Control Plan. Boynton Beach Utilities—Stormwater(CIPP)Lining BB Leisureville&Gateway Blvd 129 TECHNICAL SPECIFICATIONS 1.8.4 Defects in the installed CIPP that will not affect the operation and long term life of the product shall be identified and defined. 1.8.3 All costs incurred for preparation and submittal of the required QCP shall be the responsibility of the Contractor. 1.9 SAFETY 1.9.1 The Contractor shall conform to all work safety requirements of pertinent regulatory agencies, and shall secure the site for the working conditions in compliance with the same. The Contractor shall erect such signs and other devices as are necessary for the safety of the work site. 1.9.2 The Contractor shall perform all of the Work in accordance with applicable OSHA standards. Emphasis shall be placed upon the requirements for entering confined spaces and with the equipment being utilized for pipe renewal. 1.9.3 The Contractor shall submit a proposed Safety Plan to the Owner, prior to beginning any work, identifying all competent persons. The plan shall include a description of a daily safety program for the job site and all emergency procedures to be implemented in the event of a safety incident. All work shall be conducted in accordance with the Contractor's submitted Safety Plan. 1.9.4 All costs incurred for preparation and submittal of the Safety Plan shall be the responsibility of the Contractor. END OF SECTION Boynton Beach Utilities—Stormwater(CIPP)Lining BB Leisureville&Gateway Blvd 130 TECHNICAL SPECIFICATIONS CURED-IN-PLACE PIPE (CIPP) TECHNICAL SPECIFICATIONS SECTION 2—CURED-IN-PLACE PIPE (CIPP) LINERS 2.1 GENERAL The Work in this section includes furnishing and installing cured-in-place pipe (CIPP) Main and Lateral liners as needed and as specified in the Work. A Main Liner typically is installed in sanitary sewer gravity and stormwater mains between two adjacent manholes or access structures, for the various diameters and thicknesses. A Lateral Liner typically is installed in sanitary sewer service laterals between the gravity main and property line. The Contractor shall furnish a complete CIPP system including all materials, labor, equipment, and services necessary for liner installation including: traffic control, by-pass pumping and/or diversion of wastewater and stormwater flows, pipe isolation, dewatering, cleaning and closed circuit television (CCTV) inspection of the pipe segment to be lined, Main Liner or Lateral Liner installation, service lateral reconnection and grouting, final CCTV inspection and testing of lined pipe system, surface restoration, and cleanup of the Work site. Neitherthe CIPP system, nor its installation,shall cause adverse effect to any of the Owner's processes or facilities. The use of the product shall not result in the formation or production of any detrimental compounds or by-products at the wastewater treatment plant. The Contractor shall notify the Owner and identify any by-products produced as a result of the installation operations, test and monitor the levels, and comply with any and all local waste discharge requirements. 2.2 GOVERNING STANDARDS The following references are part of this Specification. In case of conflict between the requirements of this Specification and those of the listed documents, the requirements of this Specification shall prevail. The latest edition of the following references shall be used: Reference Title ASTM D543 Standard Practices for Evaluating the Resistance of Plastics to Chemical Reagents ASTM D638 Standard Test Method of Tensile Properties and Plastics ASTM D790 Standard Test Methods for Flexural Properties of Unreinforced and Reinforced Plastics and Electrical Insulating Materials ASTM D792 Standard Test Methods for Density and Specific Gravity of Plastics by Displacement ASTM D903 Standard Test Method for Peel or Striping Strength of Adhesive Bonds ASTM D1600 Standard Terminology for Abbreviated Terms Relating to Plastics ASTM D2990 Standard Test Methods for Tensile, Compressive, and Flexural Creep and Creep Rupture of Plastics ASTM D3839 Standard Practice for Underground Installation of "Fiberglass" (Glass-Fiber-Reinforced Thermosetting-Resin) Pipe ASTM D5813 Cured-in-Place Thermosetting Resin Sewer Pipe ASTM F412 Standard Terminology Relating to Plastic Piping Systems Boynton Beach Utilities—Stormwater(CIPP)Lining BB Leisureville&Gateway Blvd 131 TECHNICAL SPECIFICATIONS ASTM F1216 Standard Practice for Rehabilitation of Existing Pipelines by Pulled-in-Place Installation of Cured-in-Place Thermosetting Resin Pipe ASTM F1743 Rehabilitation of Existing Pipelines and Conduits by Pulled-in-Place Installation of Cured- in-Place Thermosetting Resin Pipe (CIPP) 2.3 SUBMITTALS 2.3.1 The Contractor shall submit the following to the Project Manager in accordance with Technical Specifications Section 01340 Shop Drawings, Work Drawings and Submittals. A. Manufacturer's or Assembler's certification that the liner materials are in compliance with the Specifications, and the codes and standards referenced herein; B. Certification showing that the Contractor is currently licensed and approved by the manufacturer(s) to install the product(s) referenced in this Specification; C. Name of resin supplier and liner fabric supplier or manufacturer; D. Specification on all lining materials and resins; E. Contractor's procedures for sealing CIPP liners from groundwater infiltration/migration at manholes and laterals; and details of all component materials and construction details such as hydrophilic rubber seals; F. Manufacturer's or Assembler's guidelines for storage procedures and temperature control, handling and inserting the liner, curing requirements and details, service connection methods, and trimming and finishing; G. Manufacturer's or Assembler's guidelines for minimum and maximum pressures, temperatures, and time inversion to be used during liner inversion, cure, and cool down; H. Procedures for cool down and relieving static head after the CIPP liner is cured; and, I. Manufacturer's or Assembler's guidelines for factory and/or field (whichever applies) wet out procedures including: volume of resin per unit of liner, roller gap setting, mixing ratios and procedures for resin and catalyst/hardener, shelf life of resin, pot life of resin, and required wet out procedure to ensure full saturation. J. The Contractor shall also provide field measurements and liner sizing calculations to demonstrate: 1) The liner wall thickness design for each pipe segment and that the liner has been properly undersized to avoid the creation of wrinkles or folds; 2) Tabular liner wall thickness calculations shall be provided for each pipe diameter in no less than 1-foot increments from 1-foot to 6- feet cover depth and in 2-foot cover depth increments thereafter; 3) The tabulated liner wall thickness for each pipe diameter/cover depth interval shall be the maximum wall thickness calculated over the cover depth interval; 4) Special liner wall thickness calculations shall be submitted for installations with less than 3-feet of cover; and, 5) The liner wall thickness shall be increased as required based on actual pipe cross section determined by the pre-installation CCTV inspection. Boynton Beach Utilities—Stormwater(CIPP)Lining BB Leisureville&Gateway Blvd 132 TECHNICAL SPECIFICATIONS 2.3.2 Specifications for Wastewater By-Pass Pumping Operations as needed described in CIPP Technical Specifications Section 1 —General Requirements. A. The Contractor shall submit by-pass pumping and/or diversion plans to the Project Manager a minimum of 14 days prior to the needed use for review and approval. In some cases verbal confirmation of the plan and approval with the Project Manager may be used in lieu of a written plan. The Contractor shall notify the Project Manager a minimum of 48 hours prior to commencement of the by-pass operation. Failure to receive approval by the Project Manager may result in the Contract's Work being halted at no cost to the City. 2.3.4 The Contractor shall submit an approved Temporary Traffic Control (TTC) plan (for County or state Roadways)to the Project Manager a minimum of 14 days prior to the needed use for review.The Contractor shall submit an approved Temporary Traffic Control (TTC)plan (for City Roadways)to the Project Manager a minimum of 14 days prior to the needed approval. The Contractor shall notify the Project Manager 24 hours prior to commencing MOT operations. 2.4 TRENCHLESS REHABILITATION PRODUCTS 2.4.1 Sewer products are intended to have a 50-year design life, and in order to minimize the Owner's risk, only proven products with substantial successful long-term track records shall be approved by the Owner prior to Contract Award. 2.4.2 Sewer rehabilitation products submitted for approval must provide third party test results supporting the structural performance, both short term and long term, of the product and such data shall be satisfactory to the Owner. 2.4.3 Third party test results must be prepared in accordance with ASTM F1216 substantiating the performance and design of the proposed product. No product will be approved without independent third party testing certification. 2.4.4 Rehabilitation manufacturing and installation processes shall operate under a quality management system which is third party certified to ISO 9000 or other recognized organization standards and provide certification documentation. 2.5 WARRANTY 2.5.1 The Contractor unconditionally warrants to the City for a period not less than one (1)year from the date of final acceptance of the work each lined pipe segment against any defects which will affect the integrity or strength of the product such as materials, surface preparation, lining application, and workmanship. 2.5.2 The Contractor shall, within one (1) month of written notice thereof, propose an acceptable method and repair any defects that may develop during the warranty period in a manner acceptable to the Project Manager and at no cost to the City. A. Specific defects include, but are not limited to, evidence of visible leakage of groundwater through/around the CIPP system, foreign inclusions, dry spots, delamination or a combination of defects to any portion of the CIPP system as visible from CCTV inspection. B. Wrinkles or separation of any part of the CIPP system from the host pipe to the extent that the CIPP system inside diameter in the area is 95 percent or less of the completed CIPP system inside diameter. No wrinkles in the CIPP liner will be allowed within four (4) feet of liner terminations at manholes. Boynton Beach Utilities—Stormwater(CIPP)Lining BB Leisureville&Gateway Blvd 133 TECHNICAL SPECIFICATIONS 2.5.3 If Work includes terms covered under a Manufacturer's or Subcontractor's warranty that exceeds the requirements stated herein, Contractor shall transfer such warranty to the City. Such warranties, do not limit the warranty provided by the Contractor to the City. 2.5.4 The Manufacturer shall warrant and save harmless the City against claims for patent infringement and any loss thereof. 2.6 CIPP MATERIAL MANUFACTURER QUALIFICATIONS CIPP Main Liner Manufacturer 2.6.1 To be considered commercially proven, the CIPP Main Liner Manufacturer proposed for this project shall have performed and shall document the following information: A. A minimum of 300,000 linear feet of successful wastewater collection system installations in the State of Florida, or geographic locations with environmental conditions similar to those in the State of Florida, within the last five (5)years; B. Installations shall have been similar in size and scope of work to this project; C. Contractor shall provide a list of installation projects including the project name location, contact information and year installed; and, D. Information shall be documented to the satisfaction of the Owner. CIPP Lateral Liner Manufacturer 2.6.2 The CIPP Lateral Liner Manufacturer of the product proposed for this project shall have performed and shall document the following information: A. A minimum of 150,000 linear feet of successful wastewater collection system and/or stormwater mains installation in the State of Florida, or geographic locations with environmental conditions similar to those in the State of Florida, within the last three (3)years; B. Installations shall have been similar in size and scope of work to this project; C. Contractor shall provide a list of installation projects including the project name, location, contact information and year installed; and, D. Information shall be documented to the satisfaction of the Owner. E. When a specific Scope of Work for one (1) project includes CIPP Main Liner and Lateral Liner installation, the project may be cited to meet both category requirements. 2.7 CURED-IN-PLACE (CIPP) MATERIALS 2.7.1 All materials furnished, as part of this contract shall be marked with detailed product information, stored in a manner specified by the manufacturer, and include testing results to verify that the materials meet the requirements of this contract. 2.7.2 When requested by the Owner, the Contractor shall furnish test results from field installation in the USA of the same resin system and tube materials as proposed for the actual installation. The test results must verify that the CIPP physical properties specified in CIPP Technical Specification Section 2 (2.8.5) Cured in Place Pipe and have been achieved in previous field applications. Samples for this project shall be made and tested as described in CIPP Technical Specification Section 2 (2.8.6)—Cured in Place Pipe. Boynton Beach Utilities—Stormwater(CIPP)Lining BB Leisureville&Gateway Blvd 134 TECHNICAL SPECIFICATIONS 2.7.3 The Owner may authorize the use of proven materials that serve to enhance the pipe performance specified herein. This section shall not be interpreted as authorization to deviate from the minimum standard practices set forth. A. Proven materials must have passed independent laboratory testing, not excluding long term (10,000) hours of structural behavior testing; B. Proven materials have been successfully installed to repair failing host pipes in the State of Florida, or a geographic location with environmental conditions similar to those on the State of Florida, for at least four(4)years; and, C. Owner may require that the Contractor demonstrate that the enhancements proposed meet or exceed the specifications prior to installation. Main Liner Tube Materials 2.7.4 The main liner tube shall consist of one or more layers of flexible needled felt or an absorbent non-woven felt fabric that meet the requirements of ASTM F1216, Section 5.1 or ASTM F1743, Section 5.2.1 or ASTM D5813, Sections 5 and 6. A. The tube shall be constructed to withstand installation pressures and curing temperatures, and be compatible with the resin system used. B. The main liner shall be fabricated to a size that, when installed, will fit the internal circumference of the host pipe without any annular space between the liner and existing pipe wall,will have sufficient strength to bridge missing pipe, and stretch to fit irregular pipe sections. C. The wet out tube shall have a uniform thickness that when compressed at installation pressures will meet or exceed the calculated minimum design CIPP wall thickness. D. The tube shall be sewn or flame bonded to a size that when installed will tightly fit the internal circumference and length of the host pipe. Allowance should be made for circumferential stretching during inversion. Overlapped layers of felt in longitudinal seams that cause lumps in the final product shall not be utilized. E. The outside layer of the tube (before wet out) shall be coated with an impermeable, flexible membrane that will contain the resin and facilitate monitoring of resin saturation during the resin impregnation (wet out) procedure. F. The tube shall be homogeneous across the entire wall thickness containing no intermediate or encapsulated elastomeric layers. No material shall be included in the tube that my cause delamination in the cured liner. No dry or unsaturated layers shall be evident. G. The wall color of the interior surface of the liner after installation shall be a light reflective color so that a clear, detailed examination with CCTV inspection equipment may be made. H. Seams in the tube shall be stronger than the non-seamed felt. I. The outside of the tube shall be marked for distance at regular intervals along its entire length, not to exceed 5-feet. Such markings shall include the manufacturer's name or identifying symbol. The tubes must be manufactured in the USA. J. The main liner shall be fabricated from materials which when cured, will be chemically resistant to withstand internal exposure to constituents normally present in domestic wastewater. Boynton Beach Utilities—Stormwater(CIPP)Lining BB Leisureville&Gateway Blvd 135 TECHNICAL SPECIFICATIONS K. The minimum tube length shall be that deemed necessary by the Contractor to effectively span the distance from the inlet to the respective manholes or access points, unless otherwise specified. The Contractor shall verify the lengths in the field before impregnation of the tube with resin. An individual tube insertion operation may be made over multiple contiguous pipe segments as determined in the field by the Contractor and reviewed and accepted by the Project Manager. Resin Materials 2.7.5 The resin system shall be a corrosion resistant polyester or vinyl ester system having all required catalysts initiators that when cured within the tube create a composite that satisfies the requirements of ASTM F1216, ASTM D5813 and ASTM F1743, the physical properties herein, and those which are to be utilized in the approved design of the CIPP for this projects. A. The resin shall produce a CIPP that will comply with the structural and chemical resistance requirements of this specification. B. Resin shall not be subjected to ultraviolet light and shall form no excessive bubbling or wrinkling during lining. Lateral Liner Materials 2.7.6 Lateral Liners shall consist of a factory assembled one (1) piece CIPP liner that provides a resin impregnated partial overlap (interface seal) inside the main pipe and a verifiable non-leaking connection at the junction between the main and lateral pipe. A. The Lateral Liner shall be suitable for both wye and tee connections. No materials or devices other than the resin impregnated interface seal will be permitted to affect the connection between the main and lateral pipe. The width of the interface seal overlap material inside the main shall be at least 1-inch beyond the circular edge of the lateral pipe opening, and of a continuous cross section. The thickness of the liner within the lateral pipe and connection area to be the main shall be designed for thickness as specified in CIPP Technical Specification Section 2 (2.8.8) Cured-In- Place Pipe. B. Chemical grout designed for injection shall be: AV-100 chemical grout as manufactured by Avanti International, or approved equal. 2.8 STRUCTURAL REQUIREMENTS 2.8.1 The physical properties and characteristics of the finished liner will vary considerably, depending on the types and mixing proportions of the materials used; and, the degree of cure executed. It shall be the responsibility of the Contractor to control these variables and to provide a CIPP system which meets or exceeds the minimum properties specified herein. 2.8.2 The CIPP shall be designed as per ASTM F1216 Appendixes. The CIPP design shall assume no bonding to the original pipe wall. 2.8.3 The Contractor must have performed long-term testing for flexural creep of the CIPP liner material to be installed. Such testing results are to be used to determine the long-term, time dependent flexural modulus to be utilized in the product design. This is a performance test of the materials (tube and resin)and general workmanship of the installation and curing. A percentage of the instantaneous flexural modulus value (as measured by ASTM D790 testing)will be used in design calculations for external buckling. The percentage, or the long-term creep retention value utilized, will be verified by this testing. Values in excess of 50%will not be applied unless substantiated by qualified third party test data. The materials utilized for this Project shall be of quality equal to or better than the materials used in the long-term test with respect to the initial flexural modulus used in the CIPP design. Boynton Beach Utilities—Stormwater(CIPP)Lining BB Leisureville&Gateway Blvd 136 TECHNICAL SPECIFICATIONS 2.8.4 The layers of the cured CIPP liner shall be uniformly bonded. It shall not be possible to separate any two layers with a probe or point of a knife blade so that the layers separate cleanly or the probe or knife blade moves freely between the layers. If separation of the layers occurs during testing of field samples, new samples will be cut from the Work. Any reoccurrence may cause rejection of the Work. 2.8.5 The cured pipe material (CIPP) shall, at a minimum, meet or exceed the structural properties as listed below. MINIMUM CIPP PHYSICAL PROPERTIES Cured Pol ester Composite Property Test Method Minimum Resin per Enhanced Resin ASTM F1216 Flexural Modulus of Elasticity(Short Term) (Felt Tubes), ASTM D790 (short term) 250,000 psi Contractor Value Felt/Fiberglass, Fiberglass as recommended by the Manufacturer Flexural Stress (Short Term)(Felt Tubes), Felt/Fiberglass, Fiberglass ASTM D790 4,500 psi Contractor Value as recommend by the Manufacturer 2.8.6 The required CIPP liner wall thickness shall be based, as a minimum, on the physical properties in CIPP Technical Specification Section 2, (2.8.8) Cured-In-Place Pipe, in accordance with the design equations in the Appendix of ASTM F1216, and the following design parameters: Design Safety Factor = 2.0 1.5 for pipes 36" or larger Creep Retention Factor for Long-Term = 50% Ovalit = 2% or as measured by field inspection Constrained Soil Modulus = Per AASHTO LRFD Section 12 and AWWA Manual M45 Groundwater Depth above invert of existing pipe) = Asspec fied Soil Depth (above the crown) = Based on field measurements Live Load = Highway, railroad, or airport as applicable Soil Load (assumed) Density = 120 Ib./cubic feet 2.8.7 Any layers of the tube that are not saturated with resin prior to insertion into the host pipe shall not be included in the CIPP liner wall structural thickness computation. 2.8.8 The CIPP liner material shall conform to the minimum wall thicknesses, as listed below: MINIMUM WALL THICKNESSES CIPP Thickness 4"—6" 3.0 mm Boynton Beach Utilities—Stormwater(CIPP)Lining BB Leisureville&Gateway Blvd 137 TECHNICAL SPECIFICATIONS 8"— 12" 6.0 mm 15" 7.5 mm 18"—21" 9.0 mm 24"—27" 10.5 mm 30"—36" 12.0 mm 42" 13.5 mm 48" 15.0 mm SECTION 3 - PREPARTION 3.1 GENERAL It shall be the responsibility of the Contractor to locate and designate all manhole access points, verify that they are open and accessible for the Work. The Contractor shall notify the Project Manager of access points that cannot be opened due to obstruction by permanent structures. The Contractor shall furnish all materials, labor, equipment and services; and, be responsible to make all necessary provisions to ensure service conditions and structural conditions of the host pipe are suitable for installation and warranty of the liner. Provisions include, but are not limited to, temporary wastewater by-pass pumping, temporary service interruption of service laterals, confirming the locations of all lateral service connections prior to installing and curing the CIPP liner correction of obstructions/defects, and controlling excessive infiltration. SECTION 3—CURED-IN-PLACE PIPE (CIPP) LINERS 3.2 CLEANING OF WASTEWATER SYSTEM 3.2.1 The Contractor shall remove all debris from the pipe segments and manholes and catch basins (as applicable)that will interfere with the CIPP liner installation. Cleaning shall conform to the requirements of CIPP Technical Specification Section 4 (4.4) - Cleaning of Wastewater System and Storm Water System. The Contractor shall transport all debris removed from the wastewater system during the cleaning operation, to the South Central Regional Wastewater Treatment Plant located at 1801 North Congress Avenue, Delray Beach, FL (561) 272-7061. The transport and associated costs of all debris shall be the responsibility of the Contractor at no expense to the City. 3.2.2 It shall be the responsibility of the Contractor to clear the pipe segment of obstructions such as solids, roots, iron scale, excessive joint sealant, and grease that will interfere with and prevent the insertion of the CIPP liner and a tight fit with the host pipe. Specialty cleaning as defined under CIPP Technical Specification Section 4 (4.5)— Cleaning of Wastewater and Stormwater System will be issued by the Project Manager. When specialty cleaning is specifically called for if not provided for in the Bid, a Change Order. The Contractor shall have the responsibility of coordinating the timing of specialty cleaning with the immediate installation of the CIPP liner within 24 hours. If desired, the Project Manager may arrange for others to perform the specialty cleaning necessary and the Contractor shall notify the Project Manager a minimum of 7 days in advance of their planned CIPP liner installation date so that the specialty cleaning can be accomplished prior to the planned CIPP lining installation. 3.2.3 Protruding laterals which are determined to interfere with the liner installation shall be removed by remote cutter in accordance with CIPP Technical Specification Section 6 (6.3) — Removal of Protruding Service Connections. This work shall be done in conjunction with wastewater system cleaning activities. 3.3 PRE-INSTALLATION OF CCTV INSPECTION 3.3.1 Pre-installation CCTV Inspection of the sewer main and service laterals as well as stormwater mains shall be performed by experienced personnel trained in locating breaks, obstacles, obstructions and service connections in accordance with the requirements of CIPP Technical Specification Section 5 (5.5)—Closed Boynton Beach Utilities—Stormwater(CIPP)Lining BB Leisureville&Gateway Blvd 138 TECHNICAL SPECIFICATIONS Circuit Television Inspection.The Contractor shall note locations of any conditions,which my prevent proper installation of the CIPP liner into the host pipe or cause defects in the final product so that these conditions can be corrected prior to the liner installation If CCTV inspection reveals a condition such as a protruding service connection, dropped joint, pipe deformation, excessive infiltration or a collapse that may adversely impact inversion, installation, curing, or the final integrity of the CIPP liner, then the Contractor shall immediately inform the Project Manager and allow same to view the defect during the inspection. Upon contact and approval of the Project Manager, the Contractor and Project Manager shall coordinate arrangements for correction of the defect by point repair. The Pre-installation CCTV video provided to the Project Manager shall document the correction of any such condition and state of the host pipe prior to lining. 3.4 POINT REPAIRS 3.4.1 Prior to CIPP liner installation, all conditions/defects such as dropped joints, pipe deformation, excessive infiltration or a collapse that may adversely impact inversion, installation, curing, or the final integrity of the CIPP liner shall be repaired as authorized by the Project Manager. If conditions which may only be corrected by open-cut repair are encountered after the Contractor has set up preparations (by-pass pumping or traffic control) for the Work to progress, the Contractor shall leave these items in place as directed by the Project Manager: The set up preparations will remain in place provided the Project Manager is able to schedule completion of the repair within five (5) business days. Otherwise, the Contractor shall demobilize if the Project Manager must schedule the work at a later date A. Excessive infiltration shall be controlled using an approved chemical grout in accordance with manufacturer recommendations. Extraneous grout material which may come in contact with the CIPP liner shall be compatible with the resin system utilized. Extreme caution should be taken during leak sealing (pressure grouting) operations in order to avoid damaging the already weakened pipe. Excessive pumping of grout which might plug a service lateral shall be avoided. Any main or service laterals blocked by the grouting operation shall be cleared immediately by the Contractor. Hose pipe damage caused by improper use of grouting equipment or operator error shall be repaired at the Contractor's expense. B. Severe offsets/dropped joints, pipe deformations, grade defects or collapses shall be repaired by others by open-cut methods if they are discovered during the Post-Cleaning/Pre-installation Inspection. 3.5 BY-PASS PUMPING OF WASTEWATER 3.5.1 The Contractor shall provide by-pass pumping and/or diversion when required for completion of preparatory work and CIPP liner installation. By-pass pumping of wastewater shall be performed in accordance with the requirements CIPP Technical Specification Section 1 (1.7)—General. 3.5.2 Contractor shall schedule the Work or otherwise provide wastewater collection service to allow businesses to maintain their normal hours of operation. 3.5.3 The contractor shall provide similar By-Pass / Dewatering capacity for storm pipe system inspection and lining. 3.6 PUBLIC NOTIFICATION 3.6.1 The Contractor shall make every effort to maintain service throughout the duration of the Project. In the event that a service connection will be out of service, the maximum amount of time of no service shall be four (4) hours for any property served by the wastewater system. A public notification program shall be implemented, and shall as a minimum, require the Contractor to be responsible for contacting each home or business connected to the wastewater system and informing them of the Work to be conducted, and when wastewater service will be off-line. The Contractor shall also provide the following: Boynton Beach Utilities—Stormwater(CIPP)Lining BB Leisureville&Gateway Blvd 139 TECHNICAL SPECIFICATIONS A. Written notice to be delivered to each home or business two (2)weeks and again (2)days prior to the beginning of Work being conducted on the pipe segment. The notice shall include the Contractor's name, the date the Work will commence, the duration of the Work, the type of Work and a local telephone number of the Contractor's onsite representative they can contact to discuss the Project or any problems which could arise. C. Personal contact with any home or business, which cannot be reconnected within the time stated in the written notice. 3.7 INSTALLATION 3.7.1 Resin Impregnation A. The uncured resin in the original containers and the unimpregnated fiber-felt tube shall be thoroughly impregnated (by vacuum for Main Liner) prior to installation. The materials `wet-out' procedure shall be subject to inspection by the Project Manager or his/her designee. A resin and catalyst system that is compatible with the requirements of the method shall be used. B. The impregnated liner tube shall be transported to and stored at the site in such a manner that it will not be damaged, exposed to direct sunlight, or result in any public safety hazard. The impregnated liner tube shall be kept cool during shipment and storage. All materials shall be subject to inspection and review prior to installation. 3.7.2 Main Liner Installation A. Contractor shall ensure that a Project Manager approved procedure is followed for sealing the liner from all groundwater infiltration and migration at connections to and within all manholes, service laterals, and catch basins (where applicable). Hydrophilic sealing material shall be placed per the Manufacturer's recommended project guidelines and Contractor's/Manufacturer's approved procedures prior to liner installation. B The impregnated tube shall be inserted through an existing manhole or access structure by means of the manufacturer's recommended installation process in accordance with ASTM F1216. The application of hydrostatic head, compressed air, or other means shall fully extend the CIPP line to the next designated manhole or termination point and inflate and firmly adhere the liner to the host pipe wall. C. The liner tube shall be installed at a rate less than 10-feet per minute at all times. D. If the CIPP liner installation fails, the Contractor shall be responsible for operating the by-pass pumping equipment for the additional time required until the installation can be completed, at the Contractor's expense. 3.7.3 Lateral Liner Installation A. The installation device shall be pulled into the main pipe using a cable winch or robotically transported from the access point(manhole)to the service connection point with the use of CCTV to correctly position the device as required by the Manufacturer or Assembler. The resin impregnated liner materials shall be protected from contamination until positioned at the point of repair. CCTV documentation of the placement prior to curing shall be provided to the Project Manager. B. Lateral Liners shall generally be installed after completion of the CIPP liner within the main pipe and extend to the property line or cleanout. The full length of the existing lateral pipe shall be rehabilitated between the main pipe and the property line or cleanout by either lining or Boynton Beach Utilities—Stormwater(CIPP)Lining BB Leisureville&Gateway Blvd 140 TECHNICAL SPECIFICATIONS replacement, except where a Short Lateral Liner is specified. The Lateral Liner tube shall be installed from the bottom up through the lateral opening in the main pipe. Depending on the type of approved products employed, the Contractor may then choose to install the remaining portion of the required length of Lateral Liner from the top down through a cleanout at the property line. There shall be at least a 12-inch overlap from the upper portion onto the lower portion of the Lateral Liner if installed separately, and the portion installed from the bottom up through the lateral opening in the main pipe shall extend at least 3-feet into the lateral from the main pipe. Liner overlaps and termination points shall not occur at any pipe bends. C. The application of hydrostatic head, compressed air, or other means shall fully extend the liner to the termination point and inflate and firmly compress the liner against the host pipe. D. The post rehabilitation CCTV inspection for the Lateral Liner installation shall be from within the main pipe with a pan and tilt camera and from within the lateral pipe to fully document the installation. A resin impregnated sample (wick) shall be retained by the Contractor to provide verification of the curing process taking place in the lateral pipe and for testing as required. 3.7.4 Curing A. If a heat source is required after placement is completed, suitable heat source and distribution equipment shall be provided. The equipment shall be capable of circulating hot water, air, and/or steam throughout the section by means of pre-strung hose which has been performed in accordance with the manufacturer's recommendations or other methods acceptable by the Project Manager to raise the temperature uniformly above the temperature required to affect a resin cure. This temperature shall be determined by the manufacturer based on the resin/catalyst system employed. B. The heat source piping shall be fitted with continuous monitoring thermocouples to gauge the temperature of the incoming and outgoing water, steam, and/or air supply. Water, steam, or air temperature during the cure period shall meet the requirements of the resin manufacturer as measured at the heat source inflow and outflow return lines. The Contractor shall provide standby equipment to maintain the heat source supply. C. The initial cure shall be deemed to be completed when inspection of the exposed portions of the liner appears hard and sound and the remote temperature sensors indicate that an exotherm has occurred. The cure period shall be of duration and temperature recommended by the resin manufacturer during which time the recirculation of the water, steam, and/or air and cycling of the heat exchanger continuously maintain the required temperature. D. A data logger shall be used for Main Liners to continuously record temperature, pressure and time during heating, cure and cool down of the liner at the insertion, intermediate and termination manholes. Where requested, this data shall be provided to the Project Manager for each pipe segment. 3.7.5 Cool Down A. The cured liner shall be cooled to a temperature below 100 degrees F before relieving the static or pressure in the lined pipe and returning normal flow back into the system. The cool down may be accomplished by introducing cool water or air into the lined pipe. Care shall be taken in the release of the static head or pressure so that a vacuum will not develop which could damage the newly installed liner. Water for cooling shall be supplied by the Contractor. B. The finished liner shall be continuous over the length of the pipe and be free from defects such as dry spots, delamination and lifts. All materials other than the cured liner should be removed from the pipe by the Contractor. Boynton Beach Utilities—Stormwater(CIPP)Lining BB Leisureville&Gateway Blvd 141 TECHNICAL SPECIFICATIONS 3.7.6 CIPP Main Liner Termination and Connection in Manhole or Catch Basin (if applicable) A. Liner Termination: The liner shall achieve a watertight seal through the manhole channel/invert and at the host pipe(s)where it enters/exits any manhole. The use of fiber felt and a suitable resin system, hydrophilic rubber water stops, injection grouting, or other Project Manager approved methods compatible with the liner shall be used to ensure a watertight CIPP liner system. CIPP liner entries at manholes shall be smooth and free of irregularities. The top half of the CIPP liner shall be neatly cut at least 4-inches away from the wall. The channel in the manhole shall be a smooth continuation of the pipe(s)and shall be merged with other pipes or channels. All manholes shall be individually inspected for liner cut off, benches and sealing Work. Any visible leaks through or around the CIPP liner shall be corrected by an approved method at the Contractor's expense. It is anticipated that some pipe to manhole connections will require supplementary efforts to affect an acceptable watertight seal D. Manhole or Catch Basin (if applicable) Rehabilitation: Manhole rehabilitation shall be performed at the sole discretion of the Project Manager on an as-needed basis. The channel in the manhole or catch basin shall be a smooth continuation of the liner and pipe(s) and shall be merged with other channels. Inverts and/or benches shall be resurfaced/repaired or constructed to provide a smooth flow channel where necessary. The Project Manager may also require that the manhole or catch basin floor and base section receive an approved monolithic coating which is chemically compatible with the CIPP liner, and any chemical/cementitious grout or repair material used in the manhole. 3.8 SERVICE RECONNECTION 3.8.1 The Contractor shall be responsible for internally reopening the service connections to the lined pipe using a pivot-head CCTV inspection camera and a remote cutting tool. The Contractor shall locate the service connections from inside the lined pipe, cut a hole matching the connection diameter, and grout the area where the service connection enters the lined pipe to produce a water tight seal approved by the Project Manager or his or her designee. Grouting of service connections shall be accomplished using a "Logiball" type lateral packer to seal the first 18-inches of the service connection in accordance with the manufacturer's instructions and CIPP Technical Specification Section 8 — Chemical Sealing of Service Connections. The Contractor shall provide a nearly full-diameter hole, free from burrs, loose or abraded material, handing fibers or projections, and with a neat, smooth and crack-free edge. The hole shall be 95 percent minimum and 100 percent maximum of the original service connection diameter. The invert of the service connection shall match the bottom of the reinstated service opening. The Contractor shall certify he has a minimum of two (2) complete working cutters plus spare key components on the site before each installation. All cuttings shall be collected and disposed of properly. 3.8.2 All service connections shall be reopened including those that go to unoccupied or abandoned buildings or vacant lots, unless directed otherwise by the Project Manager. Begin reconnection of services within four (4) hours after liner insertion. The Contractor shall initially reopen each connection in an expeditious manner with less than a full size opening to release wastewater temporarily stored in the service lateral. The Contractor shall then complete reconnection of all services within 24 hours. The Contractor shall immediately reopen any missed connections and repair any holes drilled in error. Faulty cuts shall be repaired by methods approved by the Project Manager at no additional cost to the City. 3.8.3 It is the intent of these Specifications that service connections be reopened without excavation. No additional payment will be made for excavations for the purpose of reopening connections and the Contractor will be responsible for all costs and liability associated with such excavation and restoration work. 3.9 INSPECTION AND TESTING 3.9.1 Material Testing Boynton Beach Utilities—Stormwater(CIPP)Lining BB Leisureville&Gateway Blvd 142 TECHNICAL SPECIFICATIONS A. All materials testing shall be performed and certified by a registered independent, third-party laboratory pre-approved by the City. B. Wall thickness of samples shall be determined as described in ASTM F1216, Section 8 or ASTM F1743, Section 8. The minimum wall thickness at any point shall not be less than 87.5% of the design thickness as calculated in CIPP Technical Specification Section 2 (2.8.8) —Cured-In-Place Pipe. C. The preparation and testing of these samples shall be in accordance ASTM F1216, Section 8. The Contractor shall coordinate the required testing of the samples in accordance with the pay item. The Contractor shall pay for the cost of retests made necessary by the failure of the samples to meet the specified requirements. D. The cured liner shall be sampled and tested for flexural strength and flexural modulus (short term). Flexural strength and modulus shall be tested in accordance with the requirements of ASTM D790. The liner shall be in compliance with the physical properties stated in CIPP Technical Specification Section 2 (2.8.5)—Cured-In-Place Pipe. E. Corrosion resistance requirements shall be as stated in ASTM F1216, Section X2 - Chemical resistance Tests. 3.9.2 Field Testing —Installed CIPP A. The physical properties of the installed CIPP shall be verified through field sampling and laboratory testing. All materials for testing shall be furnished by the Contractor to the Owner for testing. All materials for testing shall be performed at the Owner's expense, by an independent third party laboratory selected by the Owner as recommended by the CIPP manufacturer. All tests shall be in accordance with applicable ASTM test methods to confirm compliance with the requirements specified. B. The Contractor shall provide samples for testing to the Owner from the actual installed CIPP liner. Samples shall be provided, at a minimum from one location per 1000 linear feet of CIPP installed or as required by the Owner. The sample shall be cut from a section of cured CIPP that has been inverted or pulled through a like diameter pipe which has been held in place by a suitable heat sink, such as sandbags. All curing, cutting and identification of samples will be witness by the Owner and transmitted by the Owner to the testing laboratory. On pipelines greater than 18 inches in diameter, the Owner may at its discretion, require plate samples cured with the CIPP or designate a location in the newly installed CIPP where the Contractor shall take a sample. The opening produced from the sample shall be repaired in accordance with manufacturers recommended procedures. C. The laboratory results shall identify the test sample location as referenced to the nearest manhole and station. Final payment for the project shall be withheld pending receipt and approval of the test results. If properties tested do not meet the minimum physical and thickness requirements, the CIPP shall be repaired or replaced by the Contractor unless the actual physical properties and the thickness of the sample tested meet the design requirements are required in the contact. D. Chemical Resistance—The CIPP system installed shall meetthe chemical resistance requirements of ASTM D5813. CIPP samples tested shall be of fabric tube and the specific resin proposed for actual construction. It is required that CIPP samples without plastic coating meet these chemical testing requirements. A certification may be submitted, by the Contractor, from the manufacturer, verifying that the chemical resistance of the CIPP meets the contract requirements. Boynton Beach Utilities—Stormwater(CIPP)Lining BB Leisureville&Gateway Blvd 143 TECHNICAL SPECIFICATIONS E. Hydraulic Capacity—Overall, the hydraulic capacity shall be maintained as large as possible. The installed CIPP shall at a minimum be equal to the full flow capacity of the original pipe before rehabilitation. In those cases where full capacity cannot be achieved after liner installation, the Contractorshall submit a requestto waive this requirement,togetherwith the reasons forthe waiver request. Calculated capacities may be derived using a commonly accepted flow roughness coefficient for the existing pipe material taking into consideration its age and condition. F. The installed CIPP thickness shall be measured for each line section installed. If the CIPP thickness does not meet that specified in the contract and submitted as the approved design by the Contractor then the liner shall be repaired or removed unless the tested physical properties and the thickness of the sample tested meet the design requirements as required in the contract. The liner thickness shall have tolerance of minus 5% plus 10%. In man-entry size piping the Contractor shall remove a minimum of one sample or one sample every line section of installed CIPP, not meeting the specified design thickness, to be used to check the liner thickness. The samples shall be taken by core drilling 2-inch diameter test plugs at random locations selected by the Owner. As an alternative the Contractor may use industry proven non-destructive methods for confirming the thickness of the installed CIPP. G. All costs, to the Contractor, associated with providing cured CIPP samples for testing shall be included in the price bid for General Conditions. Payment for all required field testing by a third party testing laboratory will be paid for by the Owner, directly to the testing laboratory. It is the responsibility of the Contractor to pay for all re-tests due to failed materials, defects, installation or results unacceptable to the Owner. END OF SECTION Boynton Beach Utilities—Stormwater(CIPP)Lining BB Leisureville&Gateway Blvd 144 TECHNICAL SPECIFICATIONS CURED-IN-PLACE PIPE (CIPP) TECHNICAL SPECIFICATIONS SECTION 4—CLEANING OF WASTEWATER/STORMWATER SYSTEM 4.1 GENERAL The Work in this section includes furnishing all labor, materials, tools, and equipment for the cleaning of the interior of wastewater/ stormwater pipe. The pipe shall be cleaned by the Contractor prior to inspection as specified in CIPP Technical Specification Section 5—Closed Circuit Television Inspection. The Work includes, but is not limited to, the following: A. Field locating all manholes along the pipe segments to be cleaned; B. Maintaining and protecting both vehicular and pedestrian traffic, and meeting all requirements of the City and all other governmental agencies having jurisdiction; C. Cleaning of wastewater/stormwater pipe segments and public laterals, as hereinafter specified, to permit proper Closed Circuit Television (CCTV) inspection and rehabilitation; D. Disposal of waste and sediment as specified herein; E. Removal of roots and other materials that require the use of specialty equipment defined as specialty cleaning as specified herein; F. Clean up as the work progresses and after the completion of all work activities; and, G. All other work required for the satisfactory cleaning of the wastewater / stormwater pipes and manholes. The Contractor is advised that the Contract requires work in active wastewater collection /stormwater systems and shall follow all Federal, State and local requirements for safety when in confined spaces. The Contractor shall conform to all guidelines by the Occupational Safety and Health Administration (OSHA) Federal Regulations; 29 CFR Ch. XVII, Section 1910.146 Confine Space Entry. 4.2 QUALIFICATIONS The Contractor shall have experience in cleaning of vitreous clay pipe, concrete pipe, corrugated metal and other pipe materials typically found in wastewater collection /stormwater systems. 4.3 SUBMITTALS The Contractor shall submit the cleaning equipment project data to the Project Manager in accordance with Technical Specifications Section 01340 Shop Drawings, Work Drawings and Submittals. 4.4 PRODUCTS 4.4.1 Cleaning Equipment A. The wastewater/stormwater system shall be cleaned with industry standard truck-mounted high velocity hydro-cleaning equipment. No mechanical bucket machinery will be acceptable for the cleaning process. All controls shall be located so that the equipment can be operated above ground. During hydro-cleaning,the Contractor shall restrict the flow level in the pipe to a maximum of 50 percent of the pipe diameter. Particular care should be taken to avoid flooding house connections during hydro-cleaning operations. Boynton Beach Utilities—Stormwater(CIPP)Lining BB Leisureville&Gateway Blvd 145 TECHNICAL SPECIFICATIONS B. The Contractor shall provide equipment capable of removing all sand, dirt, rocks and other debris from the pipe segment to allow unobstructed remote CCTV inspection of all internal pipe surfaces. C. The Contractor shall certify that backup cleaning equipment, including machines, devices, tools, etc. is available and can be delivered to the site within 24 hours. D. Any blockages of building service connections, resulting from the cleaning or other items of work shall be removed by cleaning of the building connection by the Contractor, at his own expense. Any damage caused by flooding of building service connections shall be corrected by the Contractor, at his own expense. E. The Contractor shall provide specialty equipment capable of mechanically removing all attached, hardened and/or cemented debris including, but not limited to, roots, grease, calcification, tuberculation, joint sealant, other hardened or tightly adherent deposits, etc. which cannot be removed by the use of industry standard high velocity hydro-cleaning equipment alone. Specialty equipment shall include, but is not limited to, a root saw,spring blade root cutter chuck or approved equal. F. Lateral cleaning equipment, if required, shall be a remote control directional unit to launch a high pressure cleaning nozzle into a lateral connection from within the main pipe. 4.5 EXECUTION 4.5.1 CIPP—Cleaning Light Cleaning refers to cleaning of wastewater pipes where 9% or less of the original pipe diameter is accumulated with debris. Medium Cleaning refers to cleaning of wastewater pipe where 10%to 29%of the original pipe diameter is accumulated with debris. Heavy Cleaning refers to cleaning of wastewater pipes where 30% or greater of the original pipe diameter is accumulated with debris. Specialty Cleaning is performed in addition to Light, Medium,or Heavy Cleaning. Specialty Cleaning shall include, but is not limited to removal of hardened debris, roots, grease, calcification and tuberculation. A. After determining the preliminary requirements and the feasibility of effective CCTV inspection, the Contractor shall thoroughly clean all required pipe segments or public laterals as required to permit an unrestricted inspection by industry standard CCTV inspection equipment. Particular emphasis shall be afforded the removal of accumulated grease, roots, sand, rocks, bricks, sludge and other debris so that the CCTV inspection will clearly show all portions of the pipe segment, all to the satisfaction of the Project Manager or his or her designee. If CCTV inspection shows the cleaning to be unsatisfactory, the Contractor shall be required to repeat the cleaning and CCTV inspection of the pipe segment at no additional cost to the City. B. The Contractor shall contact Customer Relations located at 209 N. Seacrest Boulevard, (561)742- 6300 to obtain a fire hydrant meter to measure water required for cleaning during rehabilitation activities. The Contractor will be charged a fee for the use of the meter and will be billed for water used. A backflow prevention devise shall be used to prevent contamination of the potable water system. C. Prior to project closeout, the Contractor shall verify that all water use charges are paid by obtaining a FINAL payment receipt from Customer Relations; and, verify that all water meters and backflow prevention equipment was returned. Boynton Beach Utilities—Stormwater(CIPP)Lining BB Leisureville&Gateway Blvd 146 TECHNICAL SPECIFICATIONS D. Fire hydrant meters shall be furnished and installed by the Contractor at all points where water is drawn from the City supply. The Contractor is responsible for any damage resulting from improper operation of hydrants. Hydrants shall not be obstructed when there is a fire in the area. E. The Contractor shall not waste water from the public water supply because of improper connections or from hydrants left open. F. Waste and debris cleaned from the pipe segment shall be removed at the downstream manhole by pumps or other means. The discharge and drainage stream shall be returned downstream to the wastewater collection system for disposal. Under no circumstances shall wastewater or solids be dumped onto the ground surface, street, or into ditches, catch basin or storm drains. All solid and semi-solid debris resulting from the cleaning operations shall be removed from the site and taken to the wastewater treatment facility to which the debris would have arrived in the absence of the cleaning operation, unless directed otherwise. Contractor is responsible for transporting the debris and must remove and properly dispose of excess water from the debris prior to disposal at the South Central Regional Wastewater Treatment Plant located at 1801 North Congress Avenue, Delray, Beach, FL. G. Waste and Debris cleaned from storm/sewer pipe segment shall be removed from the downstream catch basin or storm manhole and disposed of at the South Central Regional Wastewater Treatment Plant. H. Where access to manholes in easements and right-of-way is required, the Contractor shall obtain permission from the homeowner for equipment access. Refer to CIPP Technical Specification Section 1 (1.8)- General for additional information on Work in Private Property. I. Barricades and warning signs shall be used in work areas and around open manholes. The Contractor shall furnish and maintain traffic controls and safety devices as required. J. Normal Cleaning (Light, Medium and Heavy) includes the removal of sludge, sand, silt, rocks, gravel and other loose and non-adhering debris regardless of the amount in an unlimited number of passes, and requires a minimum of two passes with the high velocity hydro-cleaning equipment. The first pass shall be restricted to 800 psi at the nozzle head. The second and subsequent passes shall be at 1200 psi. K. Specialty Cleaning includes Normal Cleaning criteria and also consists of removal of all attached, hardened and/or cemented debris including, but not limited to, roots, grease, calcification, tuberculation, joint sealant, other hardened or tightly adherent deposits, etc. which cannot be removed by the use of industry standard high velocity hydro-cleaning equipment alone. Specialty Cleaning consists of an unlimited number of passes using specialty cleaning equipment in conjunction with high velocity hydro-cleaning equipment. All pipe shall be restored to at least 95 percent of their normal diameter. Joint sealant shall be removed to within '/4-inch of the pipe wall. Specialty Cleaning only for the removal of excessive joint sealant will generally not be required until just prior to lining of the pipe segment(if necessary), unless the joint sealant prevents the passage of the CCTV inspection equipment. Specialty Cleaning shall only be undertaken when specifically authorized by the Project manager or his or her designee. L. Employ satisfactory precautions to protect the pipe and manholes from damage that might be inflicted by improper selection of the cleaning process or improper use of the equipment. Immediately notify Project Manager if fresh soil, pieces of pipe, or other visible signs of potential problems occur during cleaning operation. When using hydraulically propelled devices, take precautions to ensure that the water pressure created does not cause damage or flooding to public or private property. Do not surcharge the wastewater beyond the elevation that could cause overflow wastewater into area waterways or buildings, or onto ground. Boynton Beach Utilities—Stormwater(CIPP)Lining BB Leisureville&Gateway Blvd 147 TECHNICAL SPECIFICATIONS M. The Contractor shall clean upstream reaches of the system before the downstream reaches are cleaned. Hydro-cleaning equipment shall be inserted in the downstream manhole of pipe segment, and the cleaning work shall proceed from upstream to downstream. Winching equipment used shall not damage the pipe or manholes. 4.5.2 Final Acceptance of Pipe Cleaning Acceptance of pipe segment cleaning shall be made upon the successful review of the CCTV inspection by the Project Manager. If the CCTV inspection shows the cleaning to be unsatisfactory, the Contractor shall be required to repeat the cleaning and CCTV inspection of the pipe segment until the cleaning is shown to be satisfactory. Such repeat cleaning and CCTV inspection shall be made at the Contractor's expense. END OF SECTION Boynton Beach Utilities—Stormwater(CIPP)Lining BB Leisureville&Gateway Blvd 148 TECHNICAL SPECIFICATIONS CURED-IN-PLACE PIPE (CIPP) TECHNICAL SPECIFICATIONS SECTION 5—CLOSED CIRCUIT TELEVISION INSPECTION 5.1 GENERAL The City's closed circuit television (CCTV) trucks are equipped with Cobra Technologies TM Information Software and the statistical information is subsequently imported to the Cobra Information Management System (CIMSTM) The Contractor shall use PACP Format v. CAMS 10.0 to ensure compatibility. The Work in this section includes furnishing all labor, materials, tools, and equipment for the CCTV inspection of the interior of wastewater collection/stormwater system. The pipe shall be cleaned by the Contractor prior to CCTV inspection as specified in CIPP Technical Specification Section 4 -Cleaning of Wastewater/Stormwater System. Post-cleaning CCTV inspection shall be a recorded video inspection by the Contractor of the interior of pipe following (post)cleaning, and prior to any rehabilitation work. Post-cleaning CCTV inspections shall verify that the pipe segment is clean and allow an evaluation of the condition of the pipe. Post-cleaning/Pre-rehabilitation CCTV inspection shall identify the location of service connections and pipe segment defects that may require rehabilitation. Post-rehabilitation CCTV inspection shall be a recorded video inspection to determine that rehabilitation of a pipe segment has been completed according to Specifications. The inspections shall be done one pipe segment (i.e. manhole to manhole)at a time. This Contract requires work in active wastewater collection and stormwater systems and the Contractor shall follow all federal,state and local requirements for safety in confined spaces. The Contractor shall conform to all guidelines by the Occupational Safety and Health Administration (OSHA) Federal Regulations; 29 CFR Ch. XVII, Section 1920.146 Confined Space Entry. 5.2 QUALIFICATIONS CCTV inspections shall be in compliance with the National Association of Sewer Service Companies (NASSCO) Pipeline Assessment Certification Program (PACP)standards and performed by NASSCO PACP certified inspectors. The Contractor shall have experience in the CCTV inspection of vitreous clay pipe, concrete pipe, and other pipe materials typically found in wastewater collection systems. 5.3 SUBMITTALS 5.3.1 Submitted CCTV inspections become the property of the City. The Contractor shall maintain a master copy of all CCTV inspection data until final acceptance of the project. The CCTV inspection video shall not be edited. The contractor shall submit the following to the Project Manager in accordance with Technical Specifications Section 01340 Shop Drawings, Work Drawings and Submittals. A. Prior to the beginning of any work, a sample PACP database and video demonstrating compliance with the requirements above shall be submitted to the Project Manager for approval; B. The equipment manufacturer's guidelines; and, C. Video and data from CCTV inspection surveys on Compact Disc (CD), Digital Video Disc (DVD) and/or other acceptable digital media along with hard copy reports of inspection surveys. The labeled digital media and hard copies of the inspection reports in a three-ring binder, shall be assembled in an orderly manner and submitted together. All final data for each completed pipe segment shall be submitted in a single NASSCO PACP Data Exchange Format. 5.4 PRODUCTS 5.4.1 Equipment Boynton Beach Utilities—Stormwater(CIPP)Lining BB Leisureville&Gateway Blvd 149 TECHNICAL SPECIFICATIONS A. CCTV Equipment: Select and use CCTV equipment that shall produce a high quality color video. B. Pipe Inspection Camera: Produce a video using a pan-an-tilt, radial viewing, pipe inspection camera that pans±275 degrees and rotates 360 degrees. Use a camera with an accurate footage counter, which displays on the monitor the exact distance of the camera from the centerline of the starting manhole. Use a camera with camera height adjustment so that the camera lens is always centered at one-half the inside diameter in the pipe being televised. Only self propelled cameras shall be used to provide an unobstructed view of the pipe. Provide a lighting system that allows the features and condition of the pipe to be clearly seen. A reflector in front of the camera may be required to enhance lighting in dark or large diameter pipe. The camera shall be operative in 100 percent humidity conditions. The camera, television monitor and other components of the video system shall be capable of producing a minimum 500-line resolution colored video picture. Picture quality and definition shall be to the satisfaction of the Project Manager, if unsatisfactory, equipment shall be removed and no payment made for an unsatisfactory inspection. C. Lateral Inspection Camera: Produce a video using radial viewing, pipe inspection camera that can be launched from the main pipe into the service lateral. Use a camera with an accurate footage counter that displays on the monitor the exact distance of the camera in the lateral from the main pipe. Use a centering device for the lateral camera to maximize protection and passage so that the camera lens is always centered in the pipe being televised. Use a sound and camera locating receiver to locate the end of the public lateral at the property line. The camera shall use a self- leveling system that allows the features and humidity conditions. The camera, television monitor and other components of the video system shall be capable of producing a minimum 500-line resolution colored video picture. Picture quality and definition shall be to the satisfaction of the Project Manager, if unsatisfactory, equipment shall be removed and no payment made for an unsatisfactory inspection. The lateral inspection camera shall be the LAMP system by Cues, Inc., or approved equal. D. Video: Video shall be recorded on CD/DVD or other acceptable digital media, as required by the Project Manager. 1)Only CCTV inspections of pipe segments from the same work area may be included on a single CD/DVD. 2) Only one pipe segment or public lateral inspection shall be permitted in each video file. The Contractor shall not be permitted to start a portion of a televised segment on one video file and finish on another. Reverse inspections shall be included in the same video file or may be in a separate video file if included on the same CD/DVD. 3) Media identification labels are required. A label shall be placed on each disc with the following information: 4) Identification Label: a) Project Name, City Bid Number b) Contractor's Name C) Inspection Type: Post-cleaning/Pre-rehabilitation, and Post-rehabilitation d) Lift Station Basin e) Video Filename f) Date Submitted E. The Contractor shall provide with each video a PACP complaint report that shall include the header data, pipe defects, service connections, and PACP Condition Grading System ratings for the structural and operational & maintenance defects. F. The Contractor shall provide a detailed header at the beginning of each video file and log sheet. At a minimum the header shall include: Boynton Beach Utilities—Stormwater(CIPP)Lining BB Leisureville&Gateway Blvd 150 TECHNICAL SPECIFICATIONS 1) Project Name, City Bid Number 2) Contractor's Name 3) Operator's Name and PACP Certification Number 4) Inspection Type: Post-cleaning/Pre-rehabilitation, or Post-rehabilitation 5) Inspection Date 6) Master Lift Station Basin Number 7) Lift Station Number 8) Upstream and Downstream manhole numbers 9) Street Name and Number 10) Upstream and Downstream Rim to Pipe Invert Depth 11) Upstream and Downstream Grade to Pipe Invert Depth 12) Survey Direction 13) Method of Flow Control 14) Pipe Shape and Size 15) Pipe Total Length 16) Pipe Surveyed Length 17) Pipe Joint Length 18) Pipe Material G. The Contractor shall superimpose a footage counter on the screen that runs continuously during the course of each video file. 5.5 EXECUTION 5.5.1 Televising A. After completion of cleaning and prior to rehabilitation: 1) Conduct CCTV inspection of the pipe segment or public lateral to document the condition of the pipe segment and to locate existing service connections; 2) CCTV inspections shall be of sufficient quality for the Project Manager to evaluate the condition of the pipe, locate the service connections, and verify cleaning; 3) Immediately after rehabilitation, televise the pipe segment to document completion of rehabilitation work and quality; and, 4) Contractor to notify the Project Manager 24 hours in advance of any CCTV inspection so that the Project Manager or Supervisor may observe the inspection operations. B. Perform CCTV inspection of pipe segments and public laterals as follows: 1) Perform Post-cleaning/Pre-rehabilitation CCTV Inspection immediately after pipe cleaning and before pipe rehabilitation work. Verify that the pipe is clean and ready for rehabilitation. 2) Collect post-cleaning inspection video at each service connection for an extended period to better understand the flow from each service connection. The camera shall be positioned at each service connection for a sufficient duration to determine the nature of flow and condition of the connection (minimum of 30-seconds). If a service connection is in use, the Contractor shall pause the inspection until domestic flow has ceased. Any service connection inspection deemed unacceptable by the Project Manager shall be re- televised by the Contractor at no additional cost to the City. 3) Perform post-rehabilitation CCTV inspection to confirm completion of rehabilitation work, including removal and replacement. Verify that the rehabilitation work conforms to the requirements of the Specifications. Provide a video showing the completed work, including Boynton Beach Utilities—Stormwater(CIPP)Lining BB Leisureville&Gateway Blvd 151 TECHNICAL SPECIFICATIONS the condition of restored service connections. The video shall be taken with dry or damp pipe walls (no dripping or splashing). Prepare and submit a report providing location of service connections along with the location of any discrepancies. 4) Videos shall pan beginning and ending manholes including pipe connection area to demonstrate that all debris has been removed. Camera operator shall slowly pan each service connection, significant defects, clamped joints, and pipe material transitions. 5) The accuracy of the measurements for location of defects,service connections, etc. cannot be stressed too strongly. Marking on cable, or the like, which would require interpolation for depth of manhole, shall not be allowed. The footage measurement device shall be accurate to one-tenth of a foot over the entire length of the pipe segment being inspected. Prior to recording the location of a defect, service connection, etc., slack in the cable of the CCTV inspection camera shall be taken up to assure the measuring device is designating proper footage. Accuracy of the measurement device shall be checked daily by use of a walking meter, roll-a-tape, or other suitable means. 6) Camera distortions, inadequate lighting,dirty lens, blurred/hazy picture, or excessive water depth shall be cause for rejection of the CCTV inspection for that pipe segment. Any pipe segment CCTV inspection deemed unacceptable by the Project Manager shall be re- televised and a new video and report provided by the Contractor at no additional cost to the City. Payment for CCTV inspection and subsequent rehabilitation shall not be made until the Project Manager approves the quality of the video and logs. C. CCTV inspection video shall be continuous for a pipe segment between manholes. Do not leave gaps in the video of a segment between manholes and do not show a single segment on more than one video, unless specifically allowed by the Project Manager. D. Where access to manholes in easements and rights-of-way is required, the Contractor shall obtain permission from the homeowner for equipment access. Refer to CIPP Technical Specification Section 1 (1.8)—Work in Private Property for more information. 5.5.2 Flow Control A. Perform CCTV inspection of one pipe segment at a time. Adequately control the flow in the segment being televised. The Contractor shall use pipe plugs in the upstream manhole or catch basin (if applicable)to control the depth of flow where feasible. Do not exceed the depth of flow as follows: Pipe Diameter Depth of Flow Inches (Percent of Pipe Diameter) 6- 10 10 12-24 15 >24 20 B. If the wastewater flow depth exceeds the maximum allowable during the CCTV inspection of pipe segment, reduce the flow depth to an acceptable level by performing the CCTV inspection during minimum flow hours, by "By-pass Pumping", by high-velocity jet muzzle or other acceptable dewatering means Technical Specification Section 02322 Dewatering and Drainage. Video made while floating the camera is not acceptable. Additionally, post-rehabilitation CCTV inspection shall be performed with the added requirement that the pipe walls are damp or dry (no dripping or splashing). 5.5.3 Passage of CCTV Camera Boynton Beach Utilities—Stormwater(CIPP)Lining BB Leisureville&Gateway Blvd 152 TECHNICAL SPECIFICATIONS A. Do not propel the television camera through the pipe segment at a speed greater than 30 feet per minute and no slower than 15 feet per minute unless the inspection is stopped for service connection or defect viewing. B. If the camera is unable to pass an obstruction during CCTV inspection of a pipe segment, televise the segment from the other direction (reverse setup)in order to obtain a complete CCTV inspection of the segment. 1) When the camera is proceeding in the opposite direction in order to survey on either side of an obstruction and a second obstruction is encountered away from the first obstruction, the inspection may be terminated and the Contractor shall be paid for the length of the pipe segment inspected. 2) The Project Manager makes no guarantee that pipe segments specified for CCTV inspection are clear for the passage of the Contractor's cleaning and CCTV equipment. Select the appropriate equipment, tools, and methods for securing safe passage of the equipment. The Contractor shall be responsible for all costs associated with the equipment. The Contractor shall be responsible for all costs associated with the retrieval of cleaning and CCTV inspection equipment that become stuck in the system. These costs include, but are not limited to, "By-pass Pumping" and any resultant restoration, all in accordance with City standards. The City reserves the right to remove the Contractor's stuck equipment from the system if the Contractor fails to do so in a timely manner. All costs incurred by the City to remove the Contractor's stuck equipment from the wastewater or stormwater system shall be paid by the Contractor. C. The Post-cleaning/Pre-rehabilitation CCTV inspection shall document that the pipe is ready to rehabilitate. Report any variations between previous reported (existing data) conditions and the actual conditions encountered to the Project Manager. D. The post-rehabilitation CCTV inspection shall document completion of the rehabilitation work and conformance to the Specifications. Provide a full 360-degree view of pipe, joints and service connections. Conduct post-rehabilitation CCTV inspection separately from cleaning operations in order to provide a clear view unobstructed by splashing or dripping. 5.5.4 CCTV Inspection Data Requirements A. For each CCTV inspection survey (manhole to manhole, or lateral), provide the data/video in electronic format and a hard copy report. Electronic inspection data shall be submitted in Pipeline Assessment Certification Program (PACP) v. 6.0 compatible with COBRA TechnologiesTA° Data Logger and Cobra Information Management System (CIMSTM). A single database as well as multiple pipe segment video files from the same Work List can be included to the same CD/DVD provided they fit. The video files and database included on all media shall be labeled per City approved format. The hard copy inspection report shall include header information and provide a log of all defects, service connections and other conditions indexed the footage counter using PACP format. B. CCTV inspection video and data shall be captured in digital format and collected with PACP v. CAMS 10.0 certified software. The software shall be capable of exporting PACP data exchange files compatible for import into CIMSTM.The software shall capture the inspection data in the PACP defect coding mode. C. All CCTV inspections shall be created and performed referencing the City's Master Lift Station Basin as the collection area, Lift Station and manhole naming standards. The Project Manager will provide the Master Lift Station Basin, Lift Station and manhole naming standards and master list to the Contractor. The Contractor may not alter or edit the City's assets master list without prior approval from the Project Manager. Boynton Beach Utilities—Stormwater(CIPP)Lining BB Leisureville&Gateway Blvd 153 TECHNICAL SPECIFICATIONS D. The CCTV inspection video files shall be encoded using MPEG1 or MPEG2 standards, and shall provide at least VHS quality at a minimum of 35s x 240 pixels resolution, 30 frames per second, and bitrate of 1.4 megabit per second. Extraneous video coverage before and after the completion of the pipe segment CCTV inspection shall be edited out by the Contractor to minimize the size of the associated digital video file. E. Video filenames shall be created using a format of "Lift Station Basin ID-Master Lift Station ID- Upstream MH ID-Downstream MH ID-Inspection Date (YYYYMMDD) follow by the file extension". Example for the initial inspection: 317-501-004-003-20130827. MASTER LIFT LIFT STATION UPSTREAM DOWNSTREAM DATE STATION ID ID MANHOLE ID MANHOLE ID (YYYYMMDD) 317 501 004 003 20170327 Example for a reverse inspection: 317-501-004-003-20170327R. F. Video filenames for public lateral inspection shall be created using format of "Lift Station Basin- Master Lift Station ID-Upstream MH ID-Downstream HH ID- Inspection Date (YYYYMMDD)-LAT Distance from MH (U for Upstream, D for Downstream)followed by the file extension. Example inspection: 317-501-004-003-20130511 LAT161.8D.mpg MASTER LS ID UPSTREAM DOWNSTREAM DATE LF UPSTREAM OF LS ID MH ID MH ID (YYYYMMDD) DOWNSTREAM MH 317 501 004 003 20130827 161.8 In this case the lateral was 161.8 liner feet from downstream manhole 003 5.5.5 Field Quality Control A. Contractor shall not allow wastewater or solids to be released from the wastewater system onto streets or into ditches, catch basins, stormwater drains, stormwater manholes, etc. B. Acceptance of pipe cleaning and rehabilitation work is contingent upon the successful completion of the CCTV inspection. If the CCTV inspection video is not acceptable or shows that debris,solids, sand, grease, or grit remains in the pipe, the CCTV inspection and/or cleaning shall be considered unsatisfactory. The cleaning and CCTV inspection of the pipe segment shall be repeated at the Contractor's expense until it is satisfactory. C. Pre-installation and post-rehabilitation inspections shall either be recorded on the same media or shall be referenced, if recorded on separate media. Acceptance of the Work shall be based on Project Manager or Supervisor's review of the CCTV inspection. Post-rehabilitation CCTV inspection shall not be performed in conjunction with cleaning operations and the liner wall shall be as dry as practical during the inspection (no dripping or splashing). Lateral Liner(if installed) post- rehabilitation CCTV inspection shall be performed top-down from the clean-out or bottom up from the mainline with a specialty lateral inspection device and at the mainline/lateral interface with a mainline pan and tilt camera. All CCTV inspections delivered to the City shall be in accordance with CIPP Technical Specification Section 5 —Closed Circuit Television. END OF SECTION Boynton Beach Utilities—Stormwater(CIPP)Lining BB Leisureville&Gateway Blvd 154 TECHNICAL SPECIFICATIONS CURED-IN-PLACE PIPE (CIPP) TECHNICAL SPECIFICATIONS SECTION 6— REMOVAL OF PROTRUDING SERVICE CONNECTIONS 6.1 GENERAL The Work in this section includes furnishing all labor, materials, tools, and equipment for internally removing and sealing protruding service connection taps and excess mortar in wastewater pipe segments scheduled to be rehabilitated. Remove only those taps that protrude sufficiently as specified herein which are determined to interfere with the pipe rehabilitation. The intent is to remove the minimum number of protruding taps necessary to allow the entire pipe segment to be rehabilitated. The Contractor shall maintain wastewater flows, including by-pass pumping, as required at all times during the performance of this work. The Contractor shall remove all dirt and debris caused by tap removal. Excess material will not be allowed to enter the wastewater system and carried to downstream reaches. 6.2 PRODUCTS 6.2.1 Equipment A. Protruding taps shall be removed using an internal, remote-controlled intruding pipe remover. Excavation and replacement of protruding taps will not be allowed except under special situations authorized in writing by the Project Manager. B. The equipment shall consist of a main body containing a rotating head assembly equipped with carbide cutting edges. The rotating cutting head shall be driven by air or by electricity and shall be capable of cutting concrete, vitrified clay pipe or other materials commonly used for pipe construction with the exception of cast iron or steel C. The equipment shall be self-propelled or pulled through the pipe using winches and a cable set up between adjacent manholes. D. The equipment shall be positioned using a TV camera in conjunction with the cutter assembly. 6.3 EXECUTION 6.3.1 Performance A. The Contractor shall remove all service taps specified herein that inhibit pipe segment rehabilitation methods. The Contractor is required to remove protruding taps to the point where they are flush with the inside wall of the pipe. B. The Contractor shall maintain a complete record of all taps that were removed, and furnish two (2) copies of this record at the completion of this work. 1) The list shall show the Work Order Number, date, street, and pipe segment (by manhole numbers), station and location (left, right and top)of each tap removed. Boynton Beach Utilities—Stormwater(CIPP)Lining BB Leisureville&Gateway Blvd 155 TECHNICAL SPECIFICATIONS 2) The list shall also show similar data for any taps that were not successfully removed, as well as the reason why removal was unsuccessful. C. The Contractor shall protect existing main pipe and service laterals from damage caused by improper use of the equipment. Damage to a main pipe or service lateral caused by removal of a tap shall be repaired immediately, as directed by the Project Manager or Supervisor, at the Contractor's expense. Any increase in infiltration at the service connection caused by the Contractor's removal of the protruding tap shall be chemically sealed by the Contractor at no additional cost to the City, in accordance with CIPP Technical Specification Section 8 — Chemical Sealing of Service Connections. D. The Contractor shall remove all dirt and debris from the wastewater system following completion of tap removal. 6.3.2 Inspection A. Contractor shall televise protruding service connection tap prior to removal, recording location and footage to service connection. Following successful completion of removal, Contractor shall perform post-construction television inspection. B. Post-cleaning and post-rehabilitation television inspections shall be recorded on the same video as specified in CIPP Technical Specification Section 5 — Closed Circuit Television Inspection. Video and data shall be submitted to the Project Manager. Video and data shall become the property of the City. END OF SECTION Boynton Beach Utilities—Stormwater(CIPP)Lining BB Leisureville&Gateway Blvd 156 TECHNICAL SPECIFICATIONS CURED-IN-PLACE PIPE (CIPP) TECHNICAL SPECIFICATIONS SECTION 7—CHEMICAL SEALING OF HOST PIPE 7.1 GENERAL The Work in this section includes furnishing all labor, materials, tools, and equipment for reducing infiltration within the host pipe to an acceptable level prior to liner installation to insure that placement and curing is not adversely affected by the presence of excessive infiltration. Accordingly, the Project Manager will base acceptance of this portion of the Work on the reduction of infiltration at host pipe joints and other defects to a level that will insure completion liner installation in accordance with these specifications. Contractor shall furnish all labor, materials, equipment and incidentals to seal active infiltration at host pipe joints and other defects as directed. Sealing shall be from inside the host pipe using a device equipped with a pan and tilt camera and inflatable packer as described herein. 7.2 PRODUCTS 7.2.1 Sealing Materials A. The sealing compound shall be Acrylic base gel — Avanti AV-100, AV-118, Urethane base gel — Avanti AV-350 or Acrylate base gel — Deneff AC-400 or approved equal, and shall be suitable for use in domestic wastewater collection/stormwater systems. Handling, formulation and storage of the sealing gel compound shall be in strict conformance with the manufacturer's recommendations. The uncured gel shall be delivered to the site in unopened containers,with the date of manufacture clearly indicated, no uncured gel manufactured more than six months prior to the date of application shall be utilized. Residual sealing materials shall be removed from the wastewater collection / stormwater system after injection to insure no flow reductions, restriction or blockage occur. B. Avanti Icoset additive shall be added to the sealing compound for gel strengthening. The quantity of Icoset additive will be according to the manufacturer recommendation. The sealing compound admixture shall be adjusted to meet specified viscosity and reaction time. 7.3 SUBMITTALS 7.3.1 The Contractor shall submit the following to the Project Manager in accordance with Technical Specifications Section 01340 Shop Drawings, Work Drawings and Submittals. A. Gel compounds B. Installation equipment 7.4 EQUIPMENT 7.4.1 General A. Sealing equipment shall consist of two separate pumping systems capable of supplying an uninterrupted flow of sealing materials to completely fill the voids. Pumps, fittings and hoses shall be designed to transport a high viscosity material and shall not be affected by acetone or ketone solvents. B. Sealing materials shall pass from the pumping system through instant reading, controlled flow meters and then through a dual hose system into the sealing device. The device (referred to hereafter as a packer) shall be a cylindrical case of a size less than pipe size, with the cables at either end used to pull it through the host pipe. Boynton Beach Utilities—Stormwater(CIPP)Lining BB Leisureville&Gateway Blvd 157 TECHNICAL SPECIFICATIONS C. Generally, the equipment shall be capable of performing the specified operation in pipes where flows do not exceed 25 percent without resorting to any method of flow control. D. Air impervious inflatable sleeves shall be mounted over the cylinder with the ends of the sleeve sealed to the ends of the casing. The sleeves shall be so constructed that they can be pneumatically expanded from the center to both ends. The center portion of the sleeve shall be sealed to the casing by a broad confining band. When the packer is inflated, two widely spaced annular bladders shall be formed, each having an elongated shape and producing an annular void around the confined portion of the sleeve. No sealing device which is expanded mechanically nor where the expansion sleeve is not continuous will be allowed in order to prevent damage to the pipe from excessive amounts of sealing pressures or air leakage in the center area of such sealing device. The sleeve shall be a low void packer. 7.5 EXECUTION 7.5.1 General Sealing shall be by the pressure grout method. Generally, this shall be accomplished by forcing chemical sealing gel materials through a system of pumps and hoses into and through the joints and other defects of the host pipe from the packer within the pipe. Jetting or driving pipes from the surface that could damage or cause undermining of the wastewater/stormwater system shall not be allowed. 7.5.2 Grout Mixing A. The Contractor shall mix all grout at the job site in the presence of the Project Manager or Supervisor. No grout will be used on the job which has been mixed off site and is in the Contractor's tank when the truck drives on site. The Contractor's personnel shall follow the manufacturer's recommendations for the mixing and safety procedures to protect personnel from any adverse effects of the grouting compounds. Powder and additives shall be added and mixed at rates,which will minimize the formation of lumps within grout tanks solutions. All additives will be thoroughly mixed in the grouting component tanks. B. Prior to application of grout for seal purposes, a pump test will be performed to determine if equal quantities of grout are being pumped from the grout component tanks. Separate containers shall be used to capture the discharges from the grout component tanks. One gallon of grout shall be pumped and the pump strokes shall be counted. If unequal quantities are being pumped, the Contractor shall take corrective action. The pump test shall be repeated until equal quantities are pumped from the grout tanks. C. During the grouting process, the Contractor shall monitor the grout component tanks to make sure that equal quantities are being pumped. If unequal levels are noted in the tanks, the pump test shall be repeated as described above. At the beginning of each day, when new batches of grout are mixed and when grout additives are modified to change gel times, a test shall be performed with the quantities of grout to determine the grout mixture gel time. The Contractor shall have accurate scale(s)which shall be used to weigh the various non water grout solution components. 7.5.3 Host Pipe Sealing by Pressure Grout Method A. The packer shall be positioned over the area of infiltration by means of a measuring device at the surface and the closed circuit television camera in the pipe. Accurate measurement of the location of the effect to be sealed shall be made, using a portion of the packer as a"Datum"of measurement point or target. Such measurement, target or point shall also be used to obtain necessary measurement for positioning injection area of packer over the area to be sealed. Boynton Beach Utilities—Stormwater(CIPP)Lining BB Leisureville&Gateway Blvd 158 TECHNICAL SPECIFICATIONS B. The packer sleeves shall then be pneumatically expanded and shall seal against the inside periphery of the pipe to form a void area at the joint or defect now completely isolated from the remainder of the pipe segment. C. Into the isolated area sealant materials shall be pumped through the hose system at controlled pressures,which are in excess of groundwater pressures. The pumping, metering and packer shall be integrated so that proportions and quantities of materials and pressures for materials and sealing gel can be instantly monitored and regulated in accordance with the type and size of the leak, percentage of voids being filled, type of soil surrounding the pipe and the rate of flow of the sealing get solution in relation to the back pressures. These parameters should follow the manufacturer's specifications and guidelines. D. Upon completion of the injection, the television camera shall be moved to a position to observe and inspect the results of the injection. If inspection shows the seal was not effective, the process shall be repeated until infiltration has been reduced to an acceptable level for liner installation. E. The packer shall be moved forward, wiping away the excess grout. The excess sealing material removed from the joint by the grouting equipment shall be flushed or pushed forward to the next downstream manhole, removed from the wastewater system and disposed of by the Contractor as specified by disposal of debris resulting from cleaning operations. In no case shall excess grout material be allowed to accumulate and be flushed down the system. F. It is intended that chemical sealing shall be performed on host pipe immediately prior to the installation of the liner unless otherwise authorized by the Project Manager. The Contractor shall notify Supervisor a minimum of 48 hours prior to commencing Chemical sealing operation. The quantity of grout used shall be verified by the Supervisor. G. Any part of the wastewater/stormwater system damaged as a result of the Contractor's operations shall be promptly repaired by, and at the expense of the Contractor. H. All activities shall be video inspected during the sealing operation. The video shall be submitted to the Project Manager for review and for permanent record. The video inspection shall comply with the requirements of the CIPP Technical Specification Section 2 —Cured-In-Place Pipe. 7.5.4 Cleanup Residual sealing materials that extend into the pipe, reduce the pipe diameter, or restrict the flow shall be removed and disposed of by the Contractor at an approved site. Sealed joints shall be left reasonably "flush"with the existing pipe surface. Excessive residual sealing materials in the system shall be cleaned to remove the residual materials. 7.5.5 Disposal Furnish equipment for collection of cleaning solvents used in the cleaning of the sealing equipment. Collected solvents shall be disposed of by and approved solvent recover process. Disposal of cleaning solvents into the wastewater system or into natural watercourses will be strictly prohibited. 7.5.6 Wastewater Flow Controls When wastewater flows are above the minimum requirements or inspection of the complete periphery of the pipe is necessary to effectively conduct the inspection and sealing operations, one or more of the following methods of flow control shall be used. A. A plug shall be inserted into the pipe at a manhole upstream from the section to be inspected and/or sealed. The plug shall be so designed that all or any portion of the wastewater flows can be released. During the inspection portion of the operation, flows shall be shut off or substantially Boynton Beach Utilities—Stormwater(CIPP)Lining BB Leisureville&Gateway Blvd 159 TECHNICAL SPECIFICATIONS reduced in order to properly inspect the pipe at the invert. After the inspection is complete, flows shall be restored to normal or not more than '/4 of the pipe diameter during the sealing operation. The Contractor will be responsible for preventing backups and overflows. B. Where pumping is required, in the opinion of the Project Manager, to assure completion of the inspection and sealing work, the Contractor will be required to furnish pumping and by-passing equipment. Refer to the requirements in CIPP Technical Specification Section 1(1.07)-General. END OF SECTION Boynton Beach Utilities—Stormwater(CIPP)Lining BB Leisureville&Gateway Blvd 160 TECHNICAL SPECIFICATIONS CURED-IN-PLACE PIPE (CIPP) TECHNICAL SPECIFICATIONS SECTION 8—CHEMICAL SEALING OF SERVICE CONNECTIONS 8.1 GENERAL The Work in this section includes furnishing all labor, materials, tools, and equipment for reducing infiltration within service laterals and to seal annular space between liners and host pipes at service lateral connections. Accordingly, the Project Manager will base acceptance of this portion of the work on retesting of the joints sealed and inspection of the joints using remote television inspection. Contractor shall furnish all labor, materials, equipment and incidentals to seal active service connections in those pipe segments having liners installed, as specified and as directed by the Project Manager. Sealing shall be from within the main pipe using a device equipped with a pan and tilt camera and inversion tube. 8.2 PRODUCTS 8.2.1 Sealing Materials A. The sealing compound shall be Acrylic base gel —Avanti AV-100, AV-118, Urethane base gel — Avanti AV-350 or Acryrlate base gel — Deneff AC-400 or approved equal, and shall be suitable for use in domestic wastewater collection/stormwater systems. Handling,formulation and storage of the sealing get compound shall be in strict conformance with the manufacturer's recommendations. The uncured gel shall be delivered to the site in unopened containers,with the date of manufacture clearly indicated, no uncured gel manufactured more than six months prior to the date of application shall be utilized. Residual sealing materials shall be removed from the wastewater collection/stormwater system after injection to insure no flow reductions, restriction or blockage occur. B. Avanti Icoset additive shall be added to the sealing compound for gel strengthening. The quantity of Icoset additive will be according to the manufacturer recommendation. The sealing compound admixture shall be adjusted to meet specified viscosity and reaction time. 8.3 SUBMITTALS 8.3.1 The contractor shall submit the following to the Project Manager in accordance with the Technical Specification 01330, Submittal Procedures. A. Gel compounds B. Installation equipment 8.4 EQUIPMENT 8.4.1 General A. Sealing equipment shall consist of two separate pumping systems capable of supplying an uninterrupted flow of sealing materials to completely fill the voids. Pumps, fittings and hoses shall be designed to transport a high viscosity material and shall not be affected by acetone or ketone solvents. B. Sealing materials shall pass from the pumping system through instant reading, controlled flow meters and then through a dual hose system into the sealing device. The device (referred to Boynton Beach Utilities—Stormwater(CIPP)Lining BB Leisureville&Gateway Blvd 161 TECHNICAL SPECIFICATIONS hereafter as a packer)shall be a cylindrical case of a size less than pipe size, with the cables at either end used to pull it through the main pipe. C. Generally, the equipment shall be capable of performing the specified operations in pipes where flows do not exceed 25 percent without resorting to any method of flow control. D. Air impervious inflatable sleeves shall be mounted over the cylinder with the ends of the sleeve sealed to the ends of the casting. The sleeves shall be so constructed that they can be pneumatically expanded from the center to both ends. The center portion of the sleeve shall be sealed to the casing by a broad confining band. When the packer is inflated, two widely spaced annular bladders shall be formed, each having an elongated shape and producing an annular void around the confined portion of the sleeve. No sealing device which is expanded mechanically nor where the expansion sleeve is not continuous will be allowed in order to prevent damage to the pipe from excessive amounts of sealing pressures or air leakage in the center area of such sealing device. The sleeve shall be a low void packer. E. Lateral service sealing is accomplished with a "Logiball" lateral packer. The objective of the lateral service packer is to seal the lateral service connection to the main pipe and the first 18- inches of the service lateral. Laterals can range from 4 to 8-inch diameter. 8.5 EXECUTION 8.5.1 General Sealing shall be by the pressure grout method. Generally, this shall be accomplished by forcing chemical sealing gel materials through a system of pumps and hoses into and through the joints and other defects of the lateral pipe from the packer within the main pipe. Jetting or driving pipes from the surface that could damage or cause undermining of the wastewater system shall not be allowed. 8.5.2 Grout Mixing A. The Contractor shall mix all grout at the job site in the presence of the Supervisor. No grout will be used on the job which has been mixed off site and is in the Contractor's tank when the truck drives on site. The contractor's personnel shall follow the manufacturer's recommendations for the mixing and safety procedures to protect personnel from any adverse effects of the grouting compounds. Powder and additives shall be added and mixed at rates, which will minimize the formation of lumps within grout tanks solutions. All additives will be thoroughly mixed in the grouting component tanks. B. Prior to application of grout for seal purposes, a pump test will be performed to determine if equal quantities of grout are being pumped from the grout component tanks. Separate containers shall be used to capture the discharges from the grout component tanks. One gallon of grout shall be pumped and the pump strokes shall be counted. If unequal quantities are being pumped,the Contractor shall take corrective action. The pump test shall be repeated until equal quantities are pumped from the grout tanks. C. During the grouting process, the Contractor shall monitor the grout component tanks to make sure that equal quantities are being pumped. If unequal levels are noted in the tanks,the pump test shall be repeated as described above. At the beginning of each day, when new batches of grout are mixed and when grout additives are modified to change gel times, a test shall be performed with quantities of grout to determine the grout mixture gel time. The Contractor shall have accurate scale(s) which shall be used to weigh the various non water grout solution components. 8.5.3 Lateral Service Sealing by Pressure Grout Method Boynton Beach Utilities—Stormwater(CIPP)Lining BB Leisureville&Gateway Blvd 162 TECHNICAL SPECIFICATIONS A. Air testing laterals shall be accomplished by isolation of the area to be tested with the lateral service packer and by applying positive pressure into the isolated void area. A pan and tilt camera shall be used prior to positioning the lateral packer. A sensing unit shall be used for continuous monitoring of the void pressure. This sensing unit shall be located within the void area and will accurately transmit continuous pressure readout to the control panel. B. Joint testing and grouting for laterals will utilize a"Logiball"type system. The packer ends (and elements, sleeves)shall be expanded using controlled air pressure. The expanded ends shall seal against the inside periphery of the pipe to form a void area at the lateral, now completely isolated from the remainder of the pipe segment. Into this isolated area,sealant materials shall be pumped through the hose system at controlled pressures that are in excess of groundwater pressures. The pressure devise shall accurately show psi to the nearest one-tenth (0.1)pound and shall instantly respond to and record any change in the void pressure. The joint shall be tested with a gauge pressure of one-half psi per foot of depth of lateral pipe as measured by the deeper of the two manholes between which the lateral is located, or a minimum of 4 psi, whichever is larger. The pumping unit, metering equipment, and the packer device shall be designated so that proportions and quantities of materials can be regulated in accordance with the type and size of the leak being tested or sealed, percentage of voids being filled, type of soil surrounding the pipe and the rate of flow of the sealing gel solution in relation to the back pressures. These parameters should follow the manufacturer's specifications and guidelines and be reviewed with the Project Manager prior to the beginning of any grouting activities. C. The test procedure will consist of applying air pressure into each isolated void area. To isolate a void, a lateral sealing packer shall be positioned straddling the lateral. The operator shall insert an inflatable inversion tube and inflate the packer ends to isolate the lateral. Once the designated pressure in the isolated void is displayed on the meter of the control panel, the application of air pressure will be stopped and a thirty-second waiting period will commence. The void pressure will be observed during this period. If the void pressure drop is greater than that allowed in the following Air Test Table, the lateral shall be considered to have failed the air test and shall be grouted as specified herein. AIR TEST TABLE Initial Void Pressure (psi) Void Pressure After 30 Seconds 12- 11 4.8-4.4 11 — 10 4.4-4.0 10-8 4.0-3.6 9-8 3.6-3.2 8- 7 3.2-2.8 7-8 2.8-2.4 6-5 2.4-2.0 D. After completing the air test for each individual lateral specified herein, the lateral packer shall be deflated, with the void pressure meter continuing to display void pressure. If the void pressure does not drop to approximately zero, the equipment shall be adjusted to provide a zero void pressure reading at the monitor. E. An air pre-test is not required for lateral sealing of service connections in main pipes that have been lined, as lateral sealing is required regardless of air test results. Pre and post-tests, and quantity of grout pumped shall be logged. F. Lateral sealing begins if the lateral does not pass the air test as described above. The lateral packer shall remain in position, thus maintaining the isolated void. Chemical grout sealant will be pressure injected through the lateral packer into the annular space between the inversion tube and the lateral pipe. Under pressure, the grout material shall be then forced out into the soil through leaking joints and pipe defects. The amount of chemical grout pumped is based Boynton Beach Utilities—Stormwater(CIPP)Lining BB Leisureville&Gateway Blvd 163 TECHNICAL SPECIFICATIONS on the number of pump strokes delivered to each lateral. The number shall be recorded on the sealing log. G. Upon completion of the lateral sealing procedure, the lateral shall be air tested to verify the sealing of the connection. The air test will be the same as outlined above. If the sealed lateral fails the air test, the grouting procedure shall be repeated at no additional cost to the City. This sequence of air testing, grouting and subsequent air testing shall be repeated until either the lateral is sealed or it is determined that the grout consumption is too high and may result in the blockage of the lateral pipe. The final determination to stop subsequent attempts to seal a lateral will be made jointly between the Project Manager and the Contractor. H. The Contractor shall verify lateral flow after the successful sealing of each lateral. With the lateral packer in position, the inversion tube shall be retracted and air pressure injected into the lateral. Should a pressure build in the lateral and not drop to zero in a few seconds, the packer will be moved off the connection and the connection shall be viewed with a television camera. With the camera viewing the connection point, an attempt will be made to obtain a water flush by the occupant. If no water is viewed during this procedure, it shall be assumed that the building service connection is blocked with grout and the responsibility to clear the lateral will be the Contractor's at no additional cost to the City. I. The Contractor shall attach a notification form to the door of each home or building for which laterals have been grouted. This notification to the occupant shall state the following: The lateral service connection to: (address) Was grouted on: (date) If any blockage of wastewater flow occurs, please call: Emergency number: (561)000-0000 Any blockages that occur as a result of the lateral sealing operations will be cleared by the Contractor J. All activities shall be video inspected during both the air testing and sealing operation. The video shall be submitted to the Project Manager for review and for permanent record. The video shall display at a minimum the date, manhole numbers, footage to the lateral, and void pressure readout. In addition, the data obtained during this operation shall be recorded on a lateral testing and sealing log provided by the Contractor. The log shall specify conditions of each service lateral sealed, break-in-service connection, lined pipe, etc. 8.5.4 Cleanup Residual sealing materials that extend into the pipe, reduce the pipe diameter, or restrict the flow shall be removed from the joint and disposed of by the Contractor at an approved site. The sealed joints shall be left reasonably "flush" with the existing pipe surface. If excessive residual sealing materials accumulate in the system (and/or if directed by the Project Manager), the section shall be cleaned to remove the residual materials. 8.5.5 Disposal Furnish equipment for collection of cleaning solvents used in the cleaning of the sealing equipment. Collected solvents shall be disposed of by an approved solvent recovery process. Disposal of cleaning solvents into the wastewater system or natural watercourses, will be strictly prohibited. Boynton Beach Utilities—Stormwater(CIPP)Lining BB Leisureville&Gateway Blvd 164 TECHNICAL SPECIFICATIONS 8.5.6 Wastewater Flow Controls When wastewater flows are above the minimum requirements or inspection of the complete periphery of the pipe is necessary to effectively conduct the inspection and sealing operations, one or more of the following methods of flow control shall be used. A. A plug shall be inserted into the pipe at a manhole upstream from the section to be inspected, tested and/or sealed. The plug shall be so designed that all or any portion of the wastewater flows can be released. During the inspection portion of the operation, flows shall be shut off or substantially reduced in order to properly inspect the pipe at the invert. After the inspection is complete, flows shall be restored to normal or not more than one-fourth ('/4) of the pipe diameter during the joint testing and joint sealing operation. The Contractor will be responsible for preventing backups and overflows. B. Where pumping is required, in the opinion of the Project Manager, to assure completion of the inspection and sealing work,the Contractorwill be required to furnish pumping and by-passing equipment. Refer to the requirements of article CIPP Technical Specification Section 1 (1.07) Wastewater By-Pass Pumping. END OF SECTION Boynton Beach Utilities—Stormwater(CIPP)Lining BB Leisureville&Gateway Blvd 165 TECHNICAL SPECIFICATIONS A TTA CHMENT «A THE DOCUMENTS BEHIND THIS PAGE MUST ACCOMPANY PROPOSAL IN ORDER FOR SUBMITTAL TO BE CONSIDERED COMPLETE AND ACCEPTABLE , s _ t i , m Boynton Beach Utilities—Stormwater(CIPP)Lining BB Leisureville&Gateway Blvd Attachment A 166 W U CL F- F- 0 H0 W LU z ~ m O z a p Ma F- Wa W w O a a o w -i m (j W J W oCo Q 0H () Z J J J J J = J J J J J J J Z U LL LL LL LL LL LL LU W - O O V aQ 0. a a a aQ a H O Z d J (� U 0 w O V m 0 LO LO 0 0 0 0 z J o 0 o a o 0 0 = J Qa W C = (N or) or) O L N Cl) N Cl) z o ° oW N F- 01. zU Z LU o a °s ° w � � o QW W Z o 02 otS � — � wU) J 0 mZ Z m20 O a. 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U 4-a 72 0 o Q o a� O w - U Z U c Z J J J J O c CL a) Q Q QO4a ' o U O z O � � aQ � v a� w Z 3 t = '" mo E a W O J +� o o_ 02 = -J U) Q O O c � O W O Z E O �.a z p 0 +± a� L) a1i Qw Z 0 Lu U ami ami 0 Co a 02 U Qm () U > aoio oco LUz O O U_ W L E coo m� U W ZLU d O Q d ami mm w a LU U' 3 — �S1 70 a) o � �mnn w 0 O) C L — co V m F— 0 70 0 N 70 U T 0� w O O4- N c� o (� LL y_ O O C N Q'E Y V Z d m N E - vi Q- E a) U Z W O v � +� -a o o_ C) a O Q a — C.- ai (D c 3 oa ma o F- w z a � 0X �, � L Lm m m W O U m (Q V = Q-ccoo J~ O LL U W c6 Z a t� E 0 0 to W O v1 > o � a C " O._ U Z U OWmDC� O O W 0) a) � � �� Z0 J �• O o O U i•� O r- E L Z Q 0 a) 0 D O � N 3 W v co� E W � O ~ N n N � �•- c •L coc `o Z � LU 4- O a L G�� � Q �o in Z Z N O I � U U'LU 70 WD cnCo W �j d � o W O ZU) O -a QO "J Via) v i ?� N 0 �, '"O co �C m Z Y U V m U Q Q N W (1)i.o 0 Y (7Z � d C� J �j a�ico LU aj Q O o � ami= m° � �� Q -0 0 .� ANTI-KICKBACK AFFIDAVIT STATE OF FLORIDA ) SS COUNTY OF PALM BEACH ) I, the undersigned hereby duly sworn, depose and say that no portion of the sum herein submitted will be paid to any employees of the City of Boynton Beach as a commission, kickback, reward of gift, directly or indirectly by me or any member of my integrator or by an officer of the corporation. By: NAME - SIGNATURE Sworn and subscribed before me this day of 2019 Printed Information: NAME TITLE NOTARY PUBLIC, State of Florida at Large COMPANY "OFFICIAL NOTARY SEAL" STAMP Boynton Beach Utilities—Stormwater(CIPP)Lining BB Leisureville&Gateway Blvd 170 THIS PAGE MUST BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Page :79 9, A Ja NON-COLLUSION AFFIDAVIT OF RESPONDENT State of ) County of ) being first duly sworn, deposes and says that: He is of the proposer that (Title) (Name of Corporation or Integrator) has submitted the attached Bid: He is fully informed respecting the preparation and contents of the attached submittal and of all pertinent circumstances respecting such submittal; Said BID is genuine and is not a collusive or sham BID; Further, the said proposer nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, has in anyway colluded, conspired, connived or agreed, directly or indirectly with any other proposer, integrator 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 proposer, integrator or person to fix the price or prices in the attached BID or of any other proposer, or to fix any overhead, profit or cost element of the BID price or the BID price of any other proposer, 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 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 proposer or any of its agents, representatives,owners, employees,or parties in interest, including this affiant. (Signed) (Title) Subscribed and sworn to before me This day of 20 Notary Public (Signature) My Commission Expires: Boynton Beach Utilities—Stormwater(CIPP)Lining BB Leisureville&Gateway Blvd 171 THIS PAGE MUST BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE TRENCH SAFETY ACT AFFIDAVIT On October 1, 1990, House Bill 3183, known as the Trench Safety Act became law. This incorporates the Occupational Safety & Health Administration (OSHA) revised excavation safety standards, citation 29 CFR.S.1926.650, as Florida's own standards. The Proposer, by virtue of its signature below, affirms that it is aware of this Act, and will comply with all applicable trench safety standards. Such assurance shall be legally binding on all persons employed by the Contractor and its subcontractors. The proposer is also obligated to identify its anticipated method and cost of compliance with the applicable trench safety standards. PROPOSER ACKNOWLEDGES THAT INCLUDED IN THE VARIOUS ITEMS OF THE PROPOSAL AND IN THE TOTAL BID PRICE ARE COSTS FOR COMPLYING WITH THE FLORIDA TRENCH SAFETY ACT (90-96 LAWS OF FLORIDA). THESE ITEMS ARE A BREAKOUT OF THE RESPECTIVE ITEMS INVOLVING TRENCHING AND WILL NOT BE PAID SEPARATELY. THEY ARE NOT TO BE CONFUSED WITH BID ITEMS IN THE SCHEDULE OF PRICES, NOR BE CONSIDERED ADDITIONAL WORK. IN ORDER TO BE CONSIDERED RESPONSIVE, THE PROPOSERS MUST COMPLETE*THIS FORM, I.E. IDENTIFY THE COSTS AND METHODS SUMMARIZED BELOW, SIGN AND SUBMIT IT WITH THEIR BID DOCUMENTS. Name of Proposer Authorized Signature of Proposer *COMPLETION REQUIRES PROPOSERS TO FILL IN THE APPROPRIATE DETAILS UNDER THE FOLLOWING HEADINGS: Description Unit Quantity Unit Price Extended Price Method Boynton Beach Utilities—Stormwater(CIPP)Lining BB Leisureville&Gateway Blvd 172 THIS PAGE MUST BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE SAFETY PROGRAM COMPLIANCE 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 following O.S.H.A. guidelines, and documented results establishing a safe working environment. 1. Bidder shall provide a copy of the Safety Program(s) to be in effect for the duration of the Contract (attach to the back of this form). 2. The City reserves the right to conduct periodic safety inspections of the contractor, subcontractor, employees, agents, etc. throughout the duration of the Contract. 3. The City reserves the right to terminate the Contract where it is determined that the contractor or subcontractor is in non-compliance of the safety terms, regulations or requirements established by O.S.H.A. or the State. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. AUTHORIZED SIGNATURE Boynton Beach Utilities-Stormwater(CIPP)Lining BB Leisureville&Gateway Blvd 173 THIS PAGE MUST BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE page ;FQ;z -6 4 QJA WARRANTIES In consideration of, and to induce the Award of THE CITY OF BOYNTON BEACH, FLORIDA, Construction Contract described in these Bid Documents, the Contractor represents and warrants to the City of Boynton Beach, Florida: 1. The Contractor is financially solvent and sufficiently experienced and competent to perform all of the work required of the Contractor in the Construction Contract; and 2. That the facts stated in the Contractor's Bid and information given the Contractor pursuant to the request or proposal for Bids, instructions to Contractors and Specifications are true and correct 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 of fitness; and 9. That this Warranty is included in exposures for which the Contractor has products liability and completed operations insurance, in minimum amounts of One Hundred Thousand ($100,000.00) Dollars for property damage and Three Hundred Thousand ($300,000.00) Dollars for personal injury as shown on the Certificates of such Insurance attached hereto, and the Contractor agrees to keep such insurance coverage during the period of this Warranty; and 10. That it is an express condition of this Warranty that the item(s) hereby warranted shall be operated and maintained by the City in accordance with the manufacturer's recommendations as to those 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 Boynton Beach Utilities—Stormwater(CIPP)Lining BB Leisureville&Gateway Blvd 174 THIS PAGE MUST BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE maintenance showing compliance with such instructions, and by acceptance of this Warranty, the City of Boynton Beach, Florida, agrees to present such records to the Contractor upon request in the event of a claim hereunder by the City; 11. The foregoing Warranties apply as a minimum and are supplemental to other Warranties offered. They are not substituted, but in addition to, any other Warranties offered; and 12. That it is agreed and understood by the Contractor that the City of Boynton Beach, Florida, is induced to enter the Construction Contract in reliance upon this Warranty. SIGNED, sealed and delivered on this_day of ' 2019. (SEAL) CONTRACTOR: By ATTEST: Secretary Boynton Beach Utilities—Stormwater(CIPP)Lining BB Leisureville&Gateway Blvd 175 THIS PAGE MUST BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE CERTIFICATION PURSUANT TO FLORIDA STATUTE § 287.135 I, on behalf of certify Print Name and Title Company Name that does not: Company Name 1. Participate in a boycott of Israel; and 2. Is not on the Scrutinized Companies that Boycott Israel List; and 3. Is not on the Scrutinized Companies with Activities in Sudan List; and 4. Is not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List; and 5. Has not engaged in business operations in Syria. Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to the Contractor of the City's determination concerning the false certification. The Contractor shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If the Contractor does not demonstrate that the City's determination of false certification was made in error then the City shall have the right to terminate the contract and seek civil remedies pursuant to Florida Statute § 287.135. Section 287.135, Florida Statutes, prohibits the City from: 1) Contracting with companies for goods or services in any amount if at the time of bidding on, submitting a proposal for, or entering into or renewing a contract if the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, F.S. or is engaged in a boycott of Israel; and 2) Contracting with companies, for goods or services over $1,000,000.00 that are on either the Scrutinized Companies with activities in the Iran Petroleum Energy Sector list, created pursuant to s. 215.473, or are engaged in business operations in Syria. Boynton Beach Utilities—Stormwater(CIPP)Lining BB Leisureville&Gateway Blvd 176 THIS PAGE MUST BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE As the person authorized to sign on behalf of the Contractor, I hereby certify that the company identified above in the section entitled "Contractor Name" does not participate in any boycott of Israel, is not listed on the Scrutinized Companies that Boycott Israel List, is not listed on either the Scrutinized Companies with activities in the Iran Petroleum Energy Sector List, and is not engaged in business operations in Syria. I understand that pursuant to section 287.135, Florida Statutes, the submission of a false certification may subject the company to civil penalties, attorney's fees, and/or costs. I further understand that any contract with the City for goods or services may be terminated at the option of the City if the company is found to have submitted a false certification or has been placed on the Scrutinized Companies with Activities in Sudan list or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List. COMPANY NAME SIGNATURE PRINT NAME TITLE Boynton Beach Utilities—Stormwater(CIPP)Lining BB Leisureville&Gateway Blvd 177 THIS PAGE MUST BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE @ / = o 0 / \ fk fa $ S S 0 § § \ a = 2 > o CL § \ ( � Co 2a 0 4 § * = O @ % � c a \ ) / % 2 = 2 © 0 % 0 If of -2 Mn Im ° a� = 0 Co3: co Co \ v� \1 — § § o R 'e o o 0 E k $ I ° = 2 0 ¥ o / /2 / \ \ U- LU2 = e S [ c (L / \ / S 2 0 - / w � \FLL o>1v0) w LU ° m CL72 0 « � w \ \ / \ »2 � a $ � § / § BSf Q § Cl) CL = � mo 2 - 0 8 2 ± 0 0 0 oLU « 7 -J « = E � - a) � § k @ � � eeW n Fn w = R R : e \ O � k d E E 0 \ \ CL LU /\ \ � Q � ga9 77 / o / oa § § 6 � CO C14 >;.- ■ a m \{ 0 w2 � � � \ / 0) § � � § R O O L • m < RR .0 = � z RQ2 Q0 o -0 ° \ \2 q � > « oma (1) co f « w 2 � � � c ƒ o ° CL = oma 2 £ n = § fes » u § 00 ° = S = _ E % F. - ° = 0 7 § CO � k 3 f70 22Z em0 LU -i m * � 5 « moo � w \ / / / -c ± mw a e= � o LU CO � a E § ± / 22 ° moo o � ® F- F- a LL VJ Lu CY wk � 0E � � �� � \ 2 \ \ 0 a coM o o /} }Ln 0 � \ �ƒ Ek \ 2§ LL \ \ /\ § \ o 2 / / o = LU 22d k / � � ( Q \ Co 0 2 2 0 a E $ $ J � © C § co (n O ± t § @ C: § 77 R 0) 0) 5 co 0 - - m \ % / E 0 0@ 2 @ E (n n @ = o ma = o a) CO � k \ ƒ § \ / \ o / 7 0 \ / CITY OF BOYNTON BEACH LOCAL BUSINESS STATUS CERTIFICATION I, , the of (Name of officer of company) (Title of officer of company) , located at (Name of Corporation/Company) (Business Address) certify that I am an authorized representative of the business and, on behalf of the Business, request that it be deemed to be a local business for purposes of the City of Boynton Beach Local Preference Program. Answering yes to Question 1 and Question 2 below will qualify the business as a local business. In support of this request, I certify the following to be true and correct: NAME OF BUSINESS: 1. Is the business located within the City limits YES NO Number of Years: of Boynton Beach, Florida? 2. Does the business have a business tax YES NO Business License receipt issued in the current year? Number: 3. Is the business registered with the Florida YES NO Division of Corporations? I understand that misrepresentation of any facts in connection with this request may be cause for removal from the certified local business list. I also agree that the business is required to notify the City in writing should it cease to qualify as a local business. Print Name: Signature: ***FOR PURCHASING USE ONLY*** Business License Year Active: Established: Verified by: Date: Boynton Beach Utilities—Stormwater(CIPP)Lining BB Leisureville&Gateway Blvd 179 THIS PAGE MUST BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Page :749 of 1246 STATEMENT OF NO BID If you are not bidding on this service/commodity, please complete and return this form to: UTILITIES DEPARTMENT, City of Boynton Beach, 124 E. Woolbright Road, Boynton Beach, FL 33435 Failure to respond may result in deletion of vendor's name from the qualified bidder's list for the City of Boynton Beach. COMPANY NAME: ADDRESS: TELEPHONE: SIGNATURE: DATE: WE, the undersigned have declined to respond to your RFQ/Bid No. 057-2821-16/TP for STORMWATER CURED-IN-PLACE PIPE LINING BOYNTON BEACH LEISUREVILLE AND GATEWAY BOULEVARD (CIPP) ITB 03-CIPP-19/TP because of the following reasons: Specifications too "tight', i.e., geared toward brand or manufacturer only (explain below) Insufficient time to respond to the Invitation We do not offer this product or an equivalent Our product schedule would not permit us to perform Unable to meet specifications Unable to meet bond requirements Specifications unclear (explain below) Other (specify below) REMARKS: Boynton Beach Utilities-Stormwater(CIPP)Lining BB Leisureville&Gateway Blvd 180 THIS PAGE MUST BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE page :7.4 -6 4 QJA A TTA CHMENT "B DRAFT CONTRACT AGREEMENT w Av E$. Boynton Beach Utilities—Stormwater(CIPP)Lining BB Leisureville&Gateway Blvd Attachment B STORMWATER CURED-IN-PLACE PIPE LINING BOYNTON BEACH LEISUREVILLE AND GATEWAY BOULEVARD (CIPP) CONSTRUCTION CONTRACT THIS AGREEMENT is entered into between the CITY OF BOYNTON BEACH, a municipal corporation, hereinafter referred to as "CITY', and , a corporation_ partnership sole proprietor 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 2019, by Resolution No.: , the CITY Commission authorized the proper CITY officials to execute this Contract hereinafter referred to as Contract No.: ITB 03-CIPP-19/TP, 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: STORMWATER CURED-IN- PLACE PIPE LINING BOYNTON BEACH LEISUREVILLE AND GATEWAY BOULEVARD (CIPP). Article 2. CONTRACT TIME; LIQUIDATED DAMAGES. 2.1 The WORK will be substantially completed within J2&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 IQ 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 Boynton Beach Utilities—Stormwater(CIPP)Lining BB Leisureville&Gateway Blvd C-1 ITB 03-CIPP-19/TP Revised 10/18 2.3 CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay the CITY, _TBD Dollars ($ ) 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 TBD Dollars ($ )for each day that expires after the time specified in paragraph 3.1 for completion and readiness for final payment. 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: (Written) 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 completion of the construction services. Boynton Beach Utilities-Stormwater(CIPP)Lining BB Leisureville&Gateway Blvd C-2 ITB 03-CIPP-19/TP Revised 10/18 4.5 The CITY may withhold, in whole or in part, payment to such extent as may be necessary to protect itself from loss on account of: 4.5.1 Defective Work not remedied. 4.5.2 Claims filed or reasonable evidence indicating probable filing of claims by other parties against CONTRACTOR. 4.5.3 Failure of CONTRACTOR to make payments properly to SUBCONTRACTORS or for material or labor. 4.5.4 Damage to another CONTRACTOR not remedied. 4.5.5 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. 4.6 Final Payment. Upon final completion and acceptance of the WORK in accordance with paragraph 14.10 of the General Conditions, CITY shall pay the remainder of the Contract Price as recommended by CONSULTANT as provided in paragraph 14.10. Article 5. 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 Invitation to Bid 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 Contract 6.5 Contractor's Performance and Payment Bond 6.6 General Conditions 6.7 Special Conditions 6.8 Technical Specifications 6.9 Drawings entitled: Cover, 6.10 Addendum No. 1 Dated Boynton Beach Utilities-Stormwater(CIPP)Lining BB Leisureville&Gateway Blvd C-3 ITB 03-CIPP-19/TP Revised 10/18 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 Copy to: Procurement Services Division Attn: Tremaine Johnson, Attn: Director of Financial Services Manager, Field Operations City of Boynton Beach 124 E.Woolbright Road 3301 Quantum Boulevard, Suite 101 Boynton Beach, FL 33435 Boynton Beach FL 33426 Tel (561)742- 6476 Tel (561)742-6322 Fax(561)742-6316 And if sent to the CONTRACTOR shall be mailed to: CONTRACTOR ADDRESS CITY/STATE/ZIP Attn: Tel: Fax: 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, Boynton Beach Utilities-Stormwater(CIPP)Lining BB Leisureville&Gateway Blvd C-4 ITB 03-CIPP-19/TP Revised 10/18 Page :749 Of 12816 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. 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: JUDY PYLE, CITY CLERK 3301 QUANTUM BOULEVARD, SUITE 101 BOYNTON BEACH, FLORIDA, 33426 561-742-6061 PYLEJ@BBFL.US Article 11. SCRUTINIZED COMPANIES 287.135 and 215.473. By submission of this Bid, Proposer certifies that Proposer is not participating in a boycott of Israel. Proposer further certifies that Proposer is not on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has Contractor been engaged in business operations in Syria. Subject to limited exceptions provided in state law, the City will not contract for the provision of goods or services with any scrutinized company referred to above. Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to Contractor of the City's determination concerning the false certification. Contractor shall have five (5)days from receipt of notice to refute the false certification allegation. If such false certification is discovered during the active contract term, Contractor shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If Contractor does not demonstrate that the City's determination of false certification was made in error then the City shall have the right to terminate the contract and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time. Solicitation responses of$1 million or more must include the attached Scrutinized Companies form to certify that the Proposer is not on either of those lists 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—Stormwater(CIPP)Lining BB Leisureville&Gateway Blvd C-5 ITB 03-CIPP-19/TP Revised 10/18 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 12019. CITY OF BOYNTON BEACH CONTRACTOR Lori LaVerriere, City Manager Name Attest/Authenticated: Title (Corporate Seal) Judy Pyle, City Clerk Approved as to Form: Attest/Authenticated: James A. Cherof, City Attorney Secretary Boynton Beach Utilities-Stormwater(CIPP)Lining BB Leisureville&Gateway Blvd C-6 ITB 03-CIPP-19/TP Revised 10/18 A TTA CHMENT «C„ Boynton Beach Utilities—Stormwater(CIPP)Lining BB Leisureville&Gateway Blvd Attachment C Page :752 Of .q PERFORMANCE BOND 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 20 , 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—Stormwater(CIPP)Lining BB Leisureville&Gateway Blvd PFB-1 THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED AT AWARD 6 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—Stormwater(CIPP)Lining BB Leisureville&Gateway Blvd PFB-2 THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED AT AWARD 6 Signed and sealed this day of 12019. Principal (Seal) Witness Title Surety Witness Attorney-in-Fact END OF PERFORMANCE BOND Boynton Beach Utilities—Stormwater(CIPP)Lining BB Leisureville&Gateway Blvd PFB-3 THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED AT AWARD 6 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 20187 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 Boynton Beach Utilities—Stormwater(CIPP)Lining BB Leisureville&Gateway Blvd PYB-1 THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED AT AWARD 6 conditions: 1. 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 Boynton Beach Utilities—Stormwater(CIPP)Lining BB Leisureville&Gateway Blvd PYB-2 THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED AT AWARD 6 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. Signed and sealed this day of 12019. Principal (Seal) Witness Surety Witness Attorney-in-Fact END OF PAYMENT BOND Boynton Beach Utilities—Stormwater(CIPP)Lining BB Leisureville&Gateway Blvd PYB-3 THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED AT AWARD 6 0 CITY OF BOYNTON BEACH WARRANTY OF TITLE STATE OF FLORIDA COUNTY OF being first duly sworn, deposes and says as follows: He is of (Title) (Name of Corporation or Firm) a Florida Corporation ( ) Check One a Florida General Partnership ( ) a Florida Limited Partnership ( ) a Sole Proprietor ( ) which is named in Construction Contract dated the day of 20 , between such corporation as the CONTRACTOR and the City of Boynton Beach, Florida as the OWNER, for the construction of and Affiant is authorized to make this Affidavit as, or on behalf of, the Contractor as named above. Title to all work, materials and equipment covered by the attached Final Application for Payment dated , passes to the Owner at the time of payment free and clear of all liens, and all laborers, material men and subcontractors have been paid for performing or furnishing the work, labor or materials upon such Contract work covered by the aforesaid Final Application for Payment. This statement under oath is given in compliance with Section 713.06 Florida Statutes. Affiant Sworn to and subscribed before me this day of 2019 Notary Public, State of Florida at Large My Commission expires: (SEAL) END OF WARRANTY OF TITLE Boynton Beach Utilities—Stormwater(CIPP)Lining BB Leisureville&Gateway Blvd WT-1 THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED AT AWARD Page :759 of 12 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 contractor binder maybe accepted as proof of insurance if Certificate is provided upon selection of vendor.) The following is a list of types of insurance required of contractors, lessees, etc., and the limits required by the City: (NOTE: This list is not all inclusive, and the City reserves the right to require additional types of insurance, or to raise or lower the stated limits, based upon identified risk.) ------------------------------------------------------------------------------------------------------------------------------------------- TYPE (Occurrence Based Only) MINIMUM LIMITS REQUIRED ------------------------------------------------------------------------------------------------------------------------------------------- General Liability General Aggregate $ 1,000,000.00 Commercial General Liability Prod ucts-Comp/Op Agg. $ 1,000,000.00 Owners&Contractor's Protective (OCP) Personal &Adv. Injury $ 1,000,000.00 Liquor Liability Each Occurrence $ 1,000,000.00 Professional Liability Fire Damage (any one fire)$ $ 50,000.00 Employees&Officers Med. Expense (any one person) $ 5,000.00 Pollution Liability Asbestos Abatement Lead Abatement Broad Form Vendors Premises Operations Underground Explosion &Collapse Products Completed Operations Contractual Independent Contractors Broad Form Property Damage Fire Legal Liability ------------------------------------------------------------------------------------------------------------------------------------------- Automobile Liability Combined Single Limit $ 300,000.00 Any Auto Bodily Injury(per person) to be determined All Owned Autos Bodily Injury (per accident) to be determined Scheduled Autos Property Damage to be determined Hired Autos Trailer Interchange $ 50,000.00 Non-Owned Autos PIP Basic Intermodal ------------------------------------------------------------------------------------------------------------------------------------------- Garage Liability Auto Only, Each Accident $ 1,000,000.00 Any Auto Other Than Auto Only $ 100,000.00 Garage Keepers Liability Each Accident $ 1,000,000.00 Aggregate $ 1,000,000.00 ------------------------------------------------------------------------------------------------------------------------------------------- Excess Liability Each Occurrence to be determined Umbrella Form Aggregate to be determined ------------------------------------------------------------------------------------------------------------------------------------------- Worker's Compensation Statutory Limits Employer's Liability Each Accident $ 100,000.00 Disease, Policy Limit $ 500,000.00 Disease Each Employee $ 100,000.00 ------------------------------------------------------------------------------------------------------------------------------------------- P rope rty Homeowners Revocable Permit $ 300,000.00 Builder's Risk Limits based on Project Cost ------------------------------------------------------------------------------------------------------------------------------------------- Other- As Risk Identified to be determined ------------------------------------------------------------------------------------------------------------------------------------------- INSURANCE ADVISORY FORM 6 ATTACHMENT "A " THE DOCUMENTS BEHIND THIS PAGE MUST ACCOMPANY PROPOSAL IN ORDER FOR SUBMITTAL TO BE CONSIDERED COMPLETE AND ACCEPTABLE 'Kill � Boynton Beach Utilities--Stormwater(CIDP)Lining BB Leisureville&Gateway Blvd Attachment A 166 Page 761 of 1256 The City of Boynton Beach Procurement,Services A O.Bos 310 Boynton Beach,Florida 33425-0310 Telephone. (561)742-6310 FAX.• (561) 742-6316 "Stormwater Cure-In-Place Pipe Lining Boynton Beach Leisureville and Gateway Boulevard(CIDP)" ITB No.: 03-CIPP-191TP RESPONDENT MUST SIGN, DATE AND INCLUDE THIS "ACKNOWLEDGEMENT ADDENDUM . I WITH RFQ PACKAGE IN ORDER FOR SUBMITTAL CONSIDERED COMPLETE AND ACCEPTABLE. Diane Partridge PRINT NAME OF REPRESENTATIVF, SfWATURE OF E Insituform Technologies, LLC 1/2149 NAME OF COMPANY DATE Addendum Nol Stormwater CIPP Lining Boynton]Bch Leisureville and Gateway Blvd—ITB No.03-CIPP-19/TP 21Pag Page 762 of 1256 m G) G) ' � w �v � mm 0° ODa � 6 K) 3 z O ANN ANN f" NCif � CO -yN 00 1 0 mOo � O O A A w C5 �v 1 � � 303 g o o r 000 a o � o m0 m mrorn a (DCD3 z ; 3 � h Z rn m m Z ,� mmm mmm a - az - z u@i ai O Z r to ca 0 zt, N — 0 to 0 z - z n z i z to c ;u Z3s � z cen — m _ 0 0 C IV -I W N �o W 1 N IO W N 0 0 0 \ 0 0 o r1 ;u M N o o -NI C0 � C 0 � Z m -qc m n rn0 M rn � � m 1 0 , 0 m "1 N W > n � m N J 1 --I c z fl � m v � X F) m Page 763 of 1256 m Z c Z O CD m I I I� C v, = n -4 .p, N 01 t-LSD (�D N N CO) N N r CDM D su ® rn m m Z OL -a C C rn 6D mZ ® CD n -, G) in rn 5 n - - W :3 Z m � CL O Z CD -n N Co c� O o "u m I '-103 Cc 0 r -1 m = Z - C) I CO m XE5 0 w CD m m r Cl) O N - O _ O 00 OS 00 00 N W N m jo m 0 0 0 0 0 ® 0 0CD m � --I a m cy m r r r r r r r r r m r r- r n C o U) (n Cn -n -n -n -n � -n -n Z rn a C rnm • N ~ p d � -qCI c3 ® ® ® m qs W 7d mN n Z C M C) m Page 764 of 1256 0 > G) m m > co o X to ro— 0 CD 0 r— 0 3 iL 03 0 z 0 0 0-:3 0 Nn -CD 3 010 > CD FM 00 p C9 m (a CD z m EL 0 o w m:r 9 U2 . 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A - SIGNATURE Sworn n subscribed before m this 22nd day of January 2019 Printed Information: Diane Partridge NAME Contracting and Attesting Officer TITLE UY U LIC, ate of RoWa atarge MISSOURI Insituform Technologies,LLC COMPANY JANET W.HAAS Notary Public-Notary Seal St Louis County-State of Missouri Commission Number 12529086 My Commission Expires Nov 27,2920 "OFFICIAL NOTARY SEAL" STAMP Boynton Beach Utilities-Stormwater(CIDP)Lining BB Leisureville&Gateway Blvd 170 THIS PAGE MUST BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Page 766 of 1256 S NON-COLLUSION AFFIDAVIT OF RESPONDENT State of Missouri } County of St. Louis } Diane partridge being first duly sworn,deposes and says that.- Contracting hat:Contracting and Attesting Officer lnsitufarm Technologies, LLC He is of the proposer that (Title) (Name of Corporation or Integrator) has submitted the attached Bid: He is fully informed respecting the preparation and contents of the attached submittal and of all pertinent circumstances respecting such submittal; Said BID is genuine and is not a collusive or sham BID; Further, the said proposer 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 proposer, integrator 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 proposer, integrator or person to fix the price or prices in the attached BID or of any other proposer, or to fix any overhead, profit or cost element of the BID price or the BID price of any other proposer, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the G' of Boynton Beach or any person interested in the proposed Contract;and 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 pqaffiant. r any of its agents, representatives,owners, employees,or parties in interest, including th (Signed) Diane Partridge (Title) Contrac#inq and Attesting Officer Subscribed and sworn to before me This 22nd day of January Notary Public(Signature) My Commissio pires: INET W.HASS Notary Public—Notary Seal St Louls CountState of Mlssouri CorInyr3lssi n Cmbar 13529086 My Commission fkpirss Nov 27,2020 Boynton Beach Utilities—Stormwater(CIDP)Lining BB Leisureville&Gateway Blvd 171 THIS PAGE MUST BE SUB MED ALONG WITH PROPOSAL IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Page 767 of 1256 0 TRENCH SAFETY ACT FI DAVIT 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 safely standards, citation 29 CFR.S.1926.650, as Florida's own standards. The Proposer, by virtue of its signature below, affirms that it is aware of this Act, and will comply with all applicable trench safety standards. Such assurance shall be legally binding on all persons employed by the Contractor and its subcontractors. The proposer is also obligated to identify its anticipated method and cost of compliance with the applicable trench safety standards. PROPOSER ACKNOWLEDGES THAT INCLUDED IN THE VARIOUS ITEMS OF THE PROPOSAL AND IN THE TOTAL BID PRICE ARE COSTS FOR COMPLYING WITH THE FLORIDA TRENCH SAFETY ACT (90-96 LAWS OF FLORIDA). THESE ITEMS ARE A BREAKOUT OF THE RESPECTIVE ITEMS INVOLVING TRENCHING AND WILL NOT BE PAID SEPARATELY. THEY ARE NOT TO BE CONFUSED WITH BID ITEMS IN THE SCHEDULE OF PRICES, NOR BE CONSIDERED ADDITIONAL WORK. IN ORDER TO BE CONSIDERED RESPONSIVE,THE PROPOSERS MUST COMPLETE*THIS FORM, I.E. IDENTIFY THE COSTS AND METHODS SUMMARIZED BELOW, SIGN AND SUBMIT IT WITH THEIR BID DOCUMENTS. lnsitufbrm Technologies,LLC Name of Propo� .A4 Authorized Signature of ProposEO Diane Partridge, Contracting and Attesting Officer *COMPLETION REQUIRES PROPOSERS TO FILL IN THE APPROPRIATE DETAILS UNDER THE FOLLOWING HEADINGS: Description Unit Quantity Unit Price Extended Price Method ................................ ............ Boynton Beach Utilities-Stormwater(CIPP)Lining BB Leisureville&Gateway Blvd 172 THIS PAGE MUST BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Page 768 of 1256 0 SAFETY PROGRAM COMPLIANCE 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 following O.S.H.A. guidelines, and documented results establishing a safe working environment. 1. Bidder shall provide a copy of the Safety Program(s) to be in effect for the duration of the Contract (attach to the back of this form). 2. The City reserves the right to conduct periodic safety inspections of the contractor, subcontractor, employees, agents, etc. throughout the duration of the Contract. 3. The City reserves the right to terminate the Contract where it is determined that the contractor or subcontractor is in non-compliance of the safety terms, regulations or requirements established by O.S.H.A. or the State. As the person authorized to sign the statement, I certify that this firm complies fully with the aboverequirements. AUTHORIZED SIGKATURE Diane Partridge, Contracting and Attesting Officer Boynton Beach Utilities—Stormwater(CIDP)Lining BB Leisureville&Gateway Blvd 173 THIS PAGE MUST BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Page 769 of 1256 0 WARRANTIES Inconsideration of,and to induce the Award of THE CITY OF BOYNTON BEACH, FLORIDA, Construction Contract described in these Bid Documents,the Contractor represents and warrants to the City of Boynton Beach, Florida: 1. The Contractor is financially solvent and sufficiently experienced and competent to perform all of the work required of the Contractor in the Construction Contract; and 2. That the facts stated in the Contractor's Bid and information given the Contractor pursuant to the request or proposal for Bids, instructions to Contractors and Specifications are true and correct 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 of fitness; and S. That this Warranty is included in exposures for which the Contractor has products liability and completed operations insurance, in minimum amounts of One Hundred Thousand ($100,000.00) Dollars for property damage and Three Hundred Thousand ($300,000.00) Dollars for personal injury as shown on the Certificates of such Insurance attached hereto, and the Contractor agrees to keep such insurance coverage during the period of this Warranty; and 10. That it is an express condition of this Warranty that the item(s)hereby warranted shall be operated and maintained by the City in accordance with the manufacturer's recommendations as to those 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 Boynton Beach Utilities-Stormwater(CIPP)Lining BB Leisureville&Gateway Blvd 174 THIS PAGE MUST BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Page 770 of 1256 maintenance showing compliance with such instructions, and by acceptance of this Warranty, the City of Boynton Beach, Florida, agrees to present such records to the Contractor upon request in the event of a claim hereunder by the City; 11. The foregoing Warranties apply as a minimum and are supplemental to other Warranties offered. They are not substituted, but in addition to, any other Warranties offered; and 12. That it is agreed and understood by the Contractor that the City of Boynton Beach, Florida, is induced to enter the Construction Contract in reliance upon this Warranty. SIGNED, sealed and delivered an this 22 of January — 2019. 1--%. (SEAL) CONTRACTOR- InsiKiform Technologies, LLC By U D!afi6-Partridge -- C� ATTEST. Contracting and Attesting Officer 1111m� Janet Hass,Contracting and Attesting Officer Boynton Beach Utilities-Stormwater(CIPP)Lining BB Leisure'Alle&Gateway Blvd 175 THIS PAGE MUST BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Page 771 of 1256 0 CERTIFICATION I STATUTE § 287.135 Diane Partridge Contracting and Attesting Officer_, on behalf of Insituform Technologies, LLC certify Print Name and Title Company Name that Insituform Technologies, LLC does not: Company Name 1. Participate in a boycott of Israel; and 2. Is not on the Scrutinized Companies that Boycott Israel List; and 3. Is not on the Scrutinized Companies with Activities in Sudan List; and 4. Is not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List; and 5. Has not engaged in business operations in Syria. Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to the Contractor of the City's determination concerning the false certification. The Contractor shall have ninety(90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If the Contractor does not demonstrate that the City's determination of false certification was made in error then the City shall have the right to terminate the contract and seek civil remedies pursuant to Florida Statute§ 287.135. Section 287.135, Florida Statutes, prohibits the City from: 1) Contracting with companies for goods or services in any amount if at the time of bidding on, submitting a proposal for, or entering into or renewing a contract if the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, F.S. or is engaged in a boycott of Israel; and 2) Contracting with companies, for goods or services over$1,000,000.00 that are on either the Scrutinized Companies with activities in the Iran Petroleum Energy Sector list, created pursuant to s. 215.473, or are engaged in business operations in Syria. Boynton Beach Utilities--Stonnwater(CIDP)Lining BB Leisureville&Gateway Blvd 176 THIS PAGE MUST BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Page 772 of 1256 As the person authorized to sign on behalf of the Contractor, I hereby certify that the company identified above in the section entitled "Contractor Name"does not participate in any boycott of Israel, is not listed on the Scrutinized Companies that Boycott Israel List, is not listed on either the Scrutinized Companies with activities in the Iran Petroleum Energy Sector List, and is not engaged in business operations in Syria. I understand that pursuant to section 287.135, Florida Statutes, the submission of a false certification may subject the company to civil penalties, attorney's fees, and/or costs. I further understand that any contract with the City for goods or services may be terminated at the option of the City if the company is found to have submitted a false certification or has been placed on the Scrutinized Companies with Activities in Sudan list or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List. Insituform Technologies, LLC –6�x— COMPANY NAME SIGNATURE Diane Partridge Contracting and Attesting Officer PRINT NAME TITLE Boynton Beach utilities-Stormwater(CIPP)Lining BB Leisureville&Gateway Blvd 177 THIS PAGE MUST BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Page 773 of 1256 C3 m 0 0 -A 0 Cf) to 0 =r I a ro CD Z ::1 0 0 0 0 ls� > M 0 y y. w 0 m 3 CD =r Ln. CD 0 M Ln. CD CD CL 0 0 CD 0 -70- 0 0 CL > :3 0 KOCL FD- -SD CL fn cr-O m CD 0 ID oro A CD a Z3 10 0 a !n 00 C= -4,6 ::3 CD =r io -0 cn l< a M Co :0 -v cow to =r � in M 0 M 00 cr on. 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Page 774 of 1256 CITY OF BOYNTON BEACH LOCAL BUSINESS STATUS CERTIFICATION Diane Partridge the Contracting and Attesting Officer of (Name of officer of company) (Title of officer of company) Insituform Technologies, LLClocated at 17988 Edison Avenue, Chesterfield, MO 63005 , (Name of Corpo ratio n/Com pany) (Business Address) certify that I am an authorized representative of the business and, on behalf of the Business, request that it be deemed to be a local business for purposes of the City of Boynton each Local Preference Program.Answering yes to Question I and Question 2 below will qualify the business as a local business. In support of this request, I certify the following to be true and correct: NAME OF BUSINESS: lnsitufbrm Technologies, LLC 1. Is the business located within the City limits YES of Boynton each, Florida? NO )Number oYears: f 2. Does the business have a business tax YES (�-NQ* Business License receipt issued in the current year? Number: 3. Is the business registered with the FloriYES NO Division of Corporations? EI I understand that misrepresentation of any facts in connection With this request may be cause for removal from the certified local business list. I also are that the business is r iced to notify the City in writing should it cease to qualify as a local business. Print Name: Diane Partridge,Contracting and Attesting g r inature: k"aL ***FOR PURCHASING USE ONLY*** Business License Year Active: Established. Verified by: Date, Boynton Beach Utilities—Stormwater(CIPP)Lining BB Lelsureville&Gateway Blvd 179 THIS PAGE MUST BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR PACKAGE TO BE CONSIDERED GOMPLETE AND ACCEPTABLE Page 775 of 1256 INSITUFORM TECHNOLOGIES,LLC PRESIDENT APPOINTMENT OF CONTRACTING AND ATTESTING OFFICERS The undersigned,being the President of Insitafonn Technologies,LLC,a Delaware Limited Liability Company(the"Company"),and pursuant to the authority set forth in the Limited Liability Company Operating Agreement of the Company,hereby determines that: 1. Christlanda AdIcins,Laura M.Andmski,Janet Hass,Jana Lause,Diane Partridge, Whiftey Schulte,and Urs'ula Youngblood are appointed as Contracting and Attesting Officers of the Company,each with the authority,individually and in the absence of the others,subject to the control of the Board of Managers of the Company,to: (i)certify and attest to the signature of any officer of the Company,(ii)enter into and bind the Company to perform pipeline rehabilitation activities of the Company and all matters related thereto,including the maintenance of one or more offices and facilities of the Company;(iii)execute and to deliver documents on behalf of the Company;and(iv) take such other action as is or may be necessary and appropriate to carry out the project, activities and work of the Company. 2. Any person previously appointed or serving as a Contracting and Attesting Officer of the Company prior to the date hereof and who is not named above is hereby removed from any such appointment. Dated: December 1,2018 Charles R.Gordon President Page 776 of 1256 1 ` Y,E P P pig � P yy�am@@ 1 ddd L i 4.1 cu FQ u LU 0 u V e -Jy 1 Ln W p V) ® jr— P 'y li C p u E cuClq C: 4� CCD ti u y �- w u LUu r 1 L OCD Huj Z. 9-0i Trj o - a n ra cu to � aC: o �...,.;; " � tn p C: > Q :lLu •Ln p LJJ ,F,3- Q Uj Z11J C j u O W •� LD U ® •Ln CL U_ -� �ItW- t N ?56 r 3 C 70 -4j E a c a LU O u 2 cu � I w Lij O w --% L a� I MEW Ew" a� E Lt` i� c O LU Lal LL i 3 II LL O U .r' u o LL w W l << � A Ln ,-J n c6 w W' NO LL +� c 4- WLuTu u c � o c cri F' 0 w Q a z w u O w L O D U c a U a Or 56 0 On WE FLORIDA DEPARTMENT OF STATE Division of Corporations January 18, 2012 BECKY PEIRCE CSC TALLAHASSEE, FL Qualification documents for INSITUFORM TECHNOLOGIES, LLC were filed on January 18, 2012, and assigned document number M12000000304. Please refer to this number whenever corresponding with this office. Your limited liability company is authorized to transact business in Florida as of the file date. To maintain "active" status with the Division of Corporations, an annual report must be filed yearly between January 1st and May list beginning in the year following the file date or effective date indicated above. If the annual report is not filed by May 1st, a $400 late fee will be added. A Federal Employer Identification Number (FEI/EIN) will be required when this report is filed. Contact the IRS at 1-800-829-4933 for an SS-4 form or go to www.irs.gov, Please notify this office if the limited liability company address changes. Should you have any questions regarding this matter, please contact this office at the address given below. Buck Kohr Regulatory Specialist 11 Reg istration/Qualif!cation Section Division of Corporations Letter Number: 712AO0001262 Account number: 120000000195 Amount charged: 125.00 www.sunbiz.org Division of Corporations - P.O. BOX 6327 -Tallahassee, Florida 32314 Page 779 of 1256 Gat `0, APPLICATION BY Itt l I IS MUTED LIABILITY - O N To TRANSACT BUSMSS jN FLOIUDA 60350,HSOz SUM=10 RMEM A FORMW (Name ofForeignUmtod Liability Company; t is rlc!de`L` ited Li ility Coxa y,"" .L,C.,°'or. Cm") (If name unavailable enter altemale,~ane adopted for the purpose of Ixawacting business in Florida and attach a copy o f ac vaiftcat causent of the managers or g members ado the al ate name.171re,alternatemane must include"Limited Liability ° 3. (Judsdidpxr n der the law ofwbiah foreign I` "ted liability (II BI UM-ab,ar., if applicable) company is organized) ° 03{27/1980 5. Pmpztual (Date of Organisation) J (Duration-Year limited liability coenprany will cease to or ling!" 6.Upon Filing Pple BM transacted bustaess is Florida if `or toregistration.) (See SOCHMS 609.501&60&502 FS.to cfetc ' e penalty liabilEtyP) 7. 17988 Edison Ave.ChestexticId, (;l 63 005 $_ If liaikd liability company is a masa;er-managed company,check here 9_ The name and usual business s of the mmiaging members or mmLagers am as follows: I ote Bt4rgms 17 988ilisc7;� Vie. Chest EGefld t,OI G5 .David:l :atin.17988:E `sDn A . h atafirid tiff)53005 1 avid.p.M arns 17988 Edisun.A.ve.ChesterffeJAMO 63005 10" is c 3sddduIya*=frr*xIbyfwofficW bmingatkriyofmcordsia lbaimMolimof kis is ism a " a translaim o ) 11. Nature of business or purposes to be conducted or promoted in Florida: ...�__ Any lawfal b ' .ss,purpQSI;IOU2AtiIII—y- Signature of a member or an authorized representative of a member. (In a tion 608.090),F.3.,the mcccuflon of this,doument emaitmes am aflinnation under the pew 'es afpedury that fbe lhots slated here' rise ame,I am aware that any False in1brination submitted in a document to the Depariment of Stato constitutes a third degree felony as provided for in s.s 17.155,F-S.) David F.Morris,Manager Typed or printed. of signee Page 780 of 1256 CERTIFICATE, OF DESx , REGISTERED PURSUANTPRO IONS OF SECTION 608.415 or 608.507,FLORIDA STATUIES,TIHE UNDEMIGNED L COWANY SUB=THE FOLLOWNGSTAMMIENT TO DESIGNATE A REGISTERED MICE AND REGISTERLTDAGENT IN TEE STATE O 1. The name of the Limited Liability Company is: his,itafozm Technologies,LLC If unavailable,the alteniqtato be used in the state of Floridais: 2. Ile name aud the Florida&eet address ofthe rcgisstcred aggent andoffice are. Corporation Service Cmapany _..._........................ ......._..............................._....... .�........................_.. _ ................. ..�... 1201 H. ys Street. ....... i 'i tc ................i f. iJ a.... Tullabas ee 301 _.............................. FIs n.�............._ w..��iyt�'ktgs avxrag erx as re ere a o rre s rce o ss r ze rave s are r e habflity coWmy ed the place designaled in dds cert' tate I hereby accept fhe appointment as registered agentagentand agree to act in this copmoy Ifur&r agree to comply with theprowsions ofrall staftmu rektingtodieproper do lete d my dutks,and f 7i wviA and accept the obligarfonsofmYpos, nasregivLereda av d r C'ha -r 608,Florida S tesm on Service 33 £Sim 3 Dawn F tz,Assistant Scaretaq 10.00 Filing Fee for Application S 25.00 Desipation. of Registered Agent $ 30.00 CerfifiedCopy(optional) Certificate S op o Page 781 of 1256 .Def..a,,.,. vvare qfie First State 1, JEFFREY W. BULLOCK, SECRETARY OF STATE OF THE STATE OF DE-LAWARE, DO HEREBY CERTIFY "XNSITUFORK TECHNOLOGIES, LLC" IS DETLY FORMED UNDER THE LAWS OF THE STATE OF DELAWARM AATD IS IN GOOD STANDING AND HAS A LEGAL EXISTENCE SO IFAR AS THE RECORDS OF THIS OFFICE SHOW, AS OF THE SEVENTEENTH DAY OF JANUARY, A_D_ 2012- AND I DO HEREBY FURTHER CERTIFY THAT THE SAID "INSXTUFOR14 TECHNOLOGIES, LLC" WAS FORMED ON THE TWENTY—SEVENTH DAY OF MARCH, A_D_ 1980- AND I DO HEREBY FURTHER CERTIFY THAT THE ANNUAL TAXES RAVE BEEN PAID TO DATE- Y r) \Jeffyey W Bullock,secretary 75_t_ate­"'�� 0889565 8300 AUTHEN2"TXON: 9301204 120055464 AW DATE- 01—17-12 You jamyvwrlfy this certificate onlLne at ecwp�delmware.yov/authvar.shtmZ Page 782 of 1256 Insitufarm An 1p . Company CORPORATE BACKGROUND Insituform Technologies, LLC is a diversified, international corporation specializing in trenchless reconstruction of municipal and industrial pipelines of all types-sewer,storm drain, water, gas oil, chemical process,slurry and nuclear power pipelines. Application sizes range from under 6-inches to over 96-inches in diameter. Based on size, experience, technology, capability and resources, INSITUFORM is the worldwide leader in full-spectrum piping reconstruction contracting. Insituform's expertise is based on over 40 years of experience spent in the reconstruction of more than 25,000 miles (over 132,000,000 ft.) of pipe. Currently, INSITUFORM offers a full spectrum of trenchless rehabilitation products including insituform's flagship cured-in-place pipe (CIPP), iPlus Infusion®, Muso Composite, Tite Liner® HDPE systems for industrial pipelines and our Insituform Blue®product line for potable water renewal including the InsituMain®System and InsituGuard® HDPE rehabilitation system for transmission and distribution mains,robotic service reinstatement. The corporate history that encompasses today's worldwide Insituform Technologies, LLC organization derives from a host of resources, people, technology and experience merged from former licensees and affiliates of the original Insituform® pipe reconstruction process. INSITUFORM is a leader in quality management, becoming the first specialty piping corporation to receive ISO 9000 quality installation certification in 1995 Insituform Technologies is one of the largest trenchless technology companies in the world,with annual revenues exceeding $914 million in 2010.As of 2011, Insituform is now a wholly owned subsidiary or Aegion Corporation.Aegion stock is publicly held on the NASDAQ exchange under the symbol"AGN". PERSONNEL Insituform Technologies, LLC's worldwide organization consists of over 3,000 employees. Every specialty and function associated with an international, technology-driven business is incorporated. Outside of manufacturing operations, the predominance of INSITUFORM personnel engage in project crew duties for pipeline reconstruction. INSITUFORM maintains and staffs an extensive Research and Development facility engaged in new product and technical installation development.Experts are available to assist operations units in developing specialized solutions to particular client needs for underground piping system analysis and reconstruction. INSITUFORM maintains a centralized design team at the world headquarters in St. Louis, Missouri with responsibility for ensuring that service conditions are met by products in each application. When necessary, special industrial design considerations and constraints such as corrosion, abrasion, unusual loading, pressure, temperature, etc. are fully included in specific application designs. INSITUFORM has assigned technical market managers to specific segments who have intimate knowledge of process and facility operations and are able to provide advice and field technical assistance in special applications as may be required to meet critical or unusual client needs. By nature, field applications of pipeline service, assessment and reconstruction activities are highly regionalized. In the United States, INSITUFORM meets the needs of local municipal, industrial and military clients for responsive service by deploying personnel at strategic locations to minimize the cost and burden to clients of extensive mobilization. As an integrated company, sharing of expert personnel and specialized equipment between locations in response to client and project needs is part of normal operations. Page 783 of 1256 QUALITY ASSURANCE A strategy goal of fnsituform Technology is operational excellence. This goal of quality assurance is being achieved on two fronts. Best Practices Program: First, INSITUFORM has completed its long-term goal of merging all licensees throughout the United States and solidifying relationships with worldwide subsidiaries and affiliates. Achieving uniform high standards of quality across all operating units is essential to ensure long-term service to client needs. In doing so, INSITUFORM has developed comprehensive bench-marking studies to identify the `Best Practices" of the most efficient and best quality manufacturing and installation procedures for each product line, and can therefore share these best practices with INSITUFORM's regional offices, subsidiaries, and licensees throughout the world. INSITUFORM believes that the only way to guarantee quality is to integrate product development, manufacturing and installation under a best practices program, coupled with ISO 9001 Quality Management Programs. ISO 9001 Quality Assurance Program: INSITUFORM's second long-term goal is to maintain ISO 9001 quality certification for its manufacturing facilities. This certification process was completed in 1995. ISO certification is not only consistent with the goal of achieving operational excellence for the municipal market, it is an essential requirement for the industrial market, where ISO certification has become an increasingly greater requirement for acceptance as a qualified supplier. Quality Assurance Inspection Program and Training: A pilot program for the detection and recording of internal non- conformance was established. Persons were selected and trained for conducting internal auditing, probably the most important aspect of ISO because it provides ongoing self-evaluation of the effectiveness of the quality system. Every member of the organization is familiar with,and fully committed to the company's"Quality Policy"and non-conformance identification program. Internal Audit Findings; Predetermined elements of the quality system are audited each month, and at year's end every ISO 9001 requirement will have been reviewed at least once. Findings are reported to the manager responsible for the appropriate department for resolution. Management Review and Client Review: At least twice a year, managers meet to review and assess the quality system as a whole. Quality objectives are evaluated and amended or increased as appropriate. Resource needs are identified and action plans formulated. Once a project is completed, the client receives a Customer Survey form. This comprehensive form is INSITUFORM's report card which identifies project success,as well as areas where improvement is suggested. INSITuFOR The rehabilitation processes offered by Insituform were developed to provide a means of reconstructing existing pipe, conduit or passageways without extensive excavation. Some typical applications include: 1. Halting settlement by stopping the infiltration of soil and bedding material which often accompanies groundwater infiltration and can cause soil voids and shifting ground in gravity pipelines. 2. Eliminating infiltration of groundwater through joints,breaks and missing sections of gravity pipeline. . Increasing the capacity of existing pipelines by smoothing the interior surface and providing smooth transitions over joints and protrusions. 4. Reducing maintenance and increasing capacity by reducing deposits and eliminating root intrusions into gravity pipelines. 5. Protecting the pipe from attack by corrosive chemical effluent and vapors. 6. Eliminating the exfiltration of pollutants and chemicals into surrounding groundwater aquifers through joints and cracks in pipelines. 7. Strengthening the existing pipe by the installation of a tight fitting Insituform®CIPP within the old,thereby bridgingjoints, cracks and disconnected pipes into a single continuous conduit. 2 Page 784 of 1256 ^ Briefly, here are just afew ofthe benefits realized from the reconstruction of pipelines using the Insituforms cured-in-place pipe(]PP) process: Virtually eliminates excavation problems-Depending on the type of pipe mrpassageway to be reconstructed(sewers, drains, or conduits), excavation can virtually be eliminated. Existing access (sewer manholes) is usually sufficient. Side connections can generally be'reinstated'bycutting out from within. Bends can benegotiated. Restores full size capacity, reduces maintenance - These tight-fitting pipes are continuous over pipe ]m|mts' openings and faults, and the capacity isnearly always increased. The smoothness also reduces deposits because there are no places for deposits toform,thereby reducing maintenance. Builds corrosion-resistant pipe, resists chemical attack-|nthe case ofthe|nsitufonn process,various thermosetting resins can beselected toresist the corrosive effects ofthe effluent. Builds a continuous pipe - (a new pipe within the old) |noituforma C|PP bridges breaks and missing sections of pipe eliminating infiltration, exfiltration or loss of product in pressure pipes. Insituform flts tightly and bridges disconnected pipes into single continuous pipe. Reconstructs unusualiv shaped Dines without lg2Lgf cagacity- Elliptical, egg-shaped, flat bottom horseshoe orrectangular conduits can bereinstated totheir existing shape bythe tight fitting|nsituformprocess. Accomplishes these things in sizes from 6-to 96-inches in diameter—InsituhzmmoCfPPhasbeenconstructedinthesesizesand maybe applicable tmthose beyond. Solves difficult lobs - In addition to negotiating bends; it is possible to reconstruct remote sections inaccessible towheeled vehicles (e.g. inside building)with the |ndtuform process. in addition to being installed without excavation, |nsitufurm'o C|PP has been installed where access to only one end is feasible (vertical xxe|/o). Also, it is possible to reconstruct pipelines with reducers oronly oportion ofepipeline. Solves stringent time restraints - Preparation time is reduced by eliminating street openings and risk ofdamage to other utilities. |nx|tuform— C|PP can generally be installed and completed in |eoo on-the-job time than traditional open out construction methods. Offers more convenience to commerce and g�i� - Little inconvenience is caused to the public, commercial business o, existing utility operations because excavations are generally eliminated. Little work space is needed for installation. This alone means fewer restrictions on access to property and shops and greater assurance of safety. Longevity. For normal applications, such as gravity sewers, the service life of|nsituformo C|PP can be expected to approach fifty years. Service life of |nsituform4) C|PP is o function of the temperature' pressure, velocity, and chemical and abrasive properties ofthe materials being carried. — |noituforms tubes are custom-engineered to optimize total ||fo performance using time-proven formulas.These take into account requirements for diameter, length,condition of pipe,flow rates,temperature, pressure and corrosiveness of the materials being carried. |NS[[UFORnN,STANDARD INSTALLATION PROCESS The standard |nsitufnrmwprnmemo has been used throughout the world for the rehabilitation of over ZS,OUO miles, of pipe ranging in size from 6"to 120". The process uses a resin-impregnated,flexible felt tube which is installed into and through an existing pipe using water or air pressure. While the liner is held tightly against the host pipe, hot water or steam is circulated through aheat exchanger tocure the thermostat resin. The flexible resin tube can accommodate various pipe shapes—round, square, rectangular, oval urarched. The |nsituformm tube can negotiate bends' e|bovva' missing sections, offset joints, misalignment and steep slopes. Standard applications include process and sanitary sewer, storm drains, process lines, slurry lines, force mains and siphons. Resin systems used include polyester,vinyl ester and epoxy, designed to meet service requirements. installation lengths typically range from 230 feet toover 2'5OUfeet,depending unpipe size and condition. Service laterals are re-opened internally using robotic cutters. 3 Page 785 Of 1256 O005) Insituform- 17888 Edison Tel:636-530-8000 Global Pipeline Protection, Chesterfield,MO 63005 Fax:636-530-8744 www.insituform.com INSTALLER CERTIFICATION Date: March 8,2018 To Whom It May Concern: Insituform Technologies, LLC is a vertically integrated pipeline rehabilitation company. As such, Insituform is not only the manufacturer of the cured-in-place pipeline rehabilitation system of the same name, but also offers the benefits of a full research and development department, licensed engineers on staff for design of products to suit each individual situation, and regional contracting offices that perform all field services including installation. This letter shall serve to certify that Insituform Technologies, LLC is authorized to install Insituform products supplied by Insituform Technologies,LLC. Sincerely, INSITUFORM TECHNOLOGIES,LLC lEu ne Zaltsman S .Applications Engineer Page 786 of 1256 insitufarm ® 17988 Edison Tel:63630-8000 Global Pipeline Protoodon' Chesterfield,MO 53005 Fax:636-530-8744 www.insituform.com CERTIFICATE OF COMPLIANCE March 8,2018 To Whom It May Concern: This letter certifies that Insituform tubes are manufactured in Batesville, Mississippi, USA, by Insituform Technologies, LLC and meet all relevant specifications for a cured-in-place pipe product: ASTM D 5813, ASTM F 1216,and ASTM F 1743. Insituform tubes have been manufactured in the USA since 1981. The finished tube is manufactured using multiple layers of polyester felt, with one layer coated with Polypropylene plastic. The layers are cut(slit to the desired width and sewn concentrically to form the final tube. The coated layer is also sealed at the seam, using an extrusion or taping process. The extrusion process is used on the standard(inverted)tubes,and the taping process is used on the pull-in tubes(also known as ILS or iPlus Infusion). The standard (inverted)tubes are manufactured with the coated layer on the outside, and the pull-in tubes are manufactured with the coated layer on the inside. After wet out, the pull-in tubes are placed in a plastic wrap to contain the resin. Felt production is achieved by a non-woven needle punch process using Polyester fiber. The finished product is tested for thickness under a specified load and for tensile strength in accordance with ASTM D 5813. The fabric tube has a minimum tensile strength of 750 psi (5 MPa) in both the longitudinal and the transverse direction. The seam strength of the tube is also tested on a regular basis and also meets or exceeds the minimum tensile strength of 750 psi (5 Pa) in both longitudinal and transverse direction. For Quality Assurance purposes,the material is also tested for weight and thickness. All standard (inverted) tubes are run through a dye bath prior to shipment to ensure there are no leaks. Following the inspection process all tubes (except InsituMain, which are used in water lines) are printed with yard marks. All tubes with tapers, transitions, or any change in tube diameter or thickness are produced under the same specifications,with the same materials,and meet the same material testing requirements as the standard tube. The quality system used by Insituform Technologies,LLC is ISO 9001:2015 certified. The end use of the Insituform tube is to rehabilitate sewer and drainage pipes to increase the life of the pipe and prevent a dig and replacement of a pipe. Please contact us directly with any questions you may have. Sincerely, I'NSITUFORM TECHNOLOGIES,LLC Eugene Zaltsman '­'Sr. Applications Engineer Page 787 of 1256 ' Es R 0 1 , ' Imn "'m "I"'m I F I CA,T E OF REGISTRATION This is to certify that Insituform Technologies, LLC Headquarters 17999 Edison Avenue Chesterfield; Missouri 63005 USA Refer to Attachment to certificate of Registration dated March 8,2018 for additional certified operates Quality Management System which complies with the requirements of ISO 9001 :2015 I&the following scope of certification Design, de [ t i installation c r the rehabilitation pipelines ur trench[trenchless technology. Certification installation servis i - transferrable and appliesonly it c Insituform Technologies, . Certificate No.: CERT-0101077 Original Certification Date February 11, 2014 File No.: 1650845 Certification Effective Date: March 15, 2017 Issue ate: March 8, 2018 Certification Expiry Date: March 14, 2020 0 tole Grantham _Qpneral WrEager I Global CeraICetiOn 9erv1Qer _ N A C C R E D I T € D - '9i''�� ""3: ________ F ... g. MANAGEMENT SYSTEMS IS09001 CERTIFICATION BODY V"' b9' SAr Canada limited(SAI Global).20 Cadmn court,suite 20Q Turoab,O ntalo NBw7M Canada.This ratiMmfon is subj3d.to the sAlGloffiI Terms and®C(ndidons for Cegfbation.4Vde al We mm and sidl was exercised to carrying out this aaaemmert,=Global acxcpta iespon�lry any IrIt SAI GLOBAL d to To tedfytha9th§mrtllmg SsamrCoteenk please In�ekrto eftoSAI Gl rQi-1.im f SAI Global and Ct tbe in�igY RwjA,r.m m�+f�dai®ani.- 6 ^wi 1 ETb`I dM tla'S'Ptft4-. ,sASF"lYfa pT. 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OD u 'o a N r- V- P� m m m N N 't 'n La m �co w — — — — — — — — — — — — Page 813 of 1256 C4 m Q ti m a m 4f w m .0 0 10 Di m w m 0 v cm m ED hco cd m ED to cr� cc� Lcl �qt cF� Or-� v! c,� c:t ol r� c! m r i m q cla ci mL to ci Eq i m m It w �; -D o m m m m 't m It r— �; w m w O cm Kv m w It o m I,- t in O LA 1- to (D w w N N c,4 cl do ca to ft 6-k w. w M *3� tFk C4 &D m 't 0 to a c) m m m w Lq ai Ma m u� q F- q 'i cl �q q Lq -i -i -I �q -I m w CO03 0 V 04 t- n mcO IZ QO N m m m M LO N V 4 m 't 6o ca 'n w m m t- lcr CL 't Gi cri 't m �t clk Lq ccy t s mL 0� cL cv t'H tl' m v v r- �t m m wh: �.EE4� � ;,r 6 4 ce) go v) w -4ts m cD 't o r— m w ' PI. to ID S co co Glk En lin o so od So m m m m m c A ca Pv r- w �2 m m �2 m m m O1 61 m m m S 9! IC:IJ C-4 Page 814 of 1256 7.C. BIDS AND PURCHASES OVER$100,000 2/19/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 2/19/2019 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R19-021 - Approve utilizing the City of West Palm Beach Supplemental Staff Agreement with U.S. Water Services Corporation (ITB 16-17-119) for water and wastewater operation and management services thru September 30, 2019 for an amount not to exceed $150,000 on an as needed basis and authorizing the City Manager to sign a piggy-back agreement with U.S. Water Services Corporation. The West Palm Beach procurement process satisfies the City's competitive bid requirements. EXPLANATION OF REQUEST: Boynton Beach Utilities (Utilities) utilizes U.S. Water Services Corporation (U.S. Water) for the provision of water and wastewater operators to support existing operations in the event personnel deficits cannot be covered internally. Utilities is required to provide licensed operators to staff their water and wastewater facilities as specified in the Florida Administrative Code. The competitive market for these operators in our area has resulted in ongoing vacancies that must be covered either through overtime or by utilizing contract personnel. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Approval for the use of these contracts will allow for uninterrupted supplementation of water and wastewater operator services. FISCAL IMPACT: Budgeted Funding is available in the FY 18/19 approved budget accounts, 401-2811- 536-49-17 ($140,000) and 401-2815-536-49-17 ($10,000). ALTERNATIVES: None. A lack of coverage will negatively impact the operation of the water treatment plants and will result in water quality and regulatory infractions. Recruitment to fill the vacant positions is ongoing and the need for water treatment operator services will be eliminated once the plants are fully staffed. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 815 of 1256 ATTACHMENTS: Type Description D Resolution Resolution authorizing piggy-back agreement with US Water Ser\Aces for Supplemental Staff D Agreement Piggy-back Agreement with US Water Ser\Aces D Agreement US Water Contract with City of W PB Page 816 of 1256 I RESOLUTION NO. R19- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 4 APPROVING AND AUTHORIZING THE CITY MANAGER TO SIGN 5 AN AGREEMENT WITH U.S. WATER SERVICES CORPORATION, 6 UTILIZING THE WEST PALM BEACH CONTRACT NO. 19260, 7 PROCUREMENT NO. ITB 16-17-119 IN AN AMOUNT NOT TO 8 EXCEED $150,000.00 ON AN AS-NEEDED BASIS; AND PROVIDING 9 AN EFFECTIVE DATE. 10 11 12 WHEREAS,Utilities is required to provide licensed operators to staff their water and 13 wastewater facilities as specified in the Florida Administrative Code; and 14 WHEREAS, the competitive market for these operators in our area has resulted in 15 ongoing vacancies that must be covered either through overtime or by utilizing contract 16 personnel; and 17 WHEREAS, this agreement will provide supplemental staff on an as-needed basis; and 18 WHEREAS, the City Commission of the City of Boynton Beach, upon the 19 recommendation of staff, deems it in the best interest of the citizens and residents of the City 20 of Boynton Beach to approve and authorize the City Manager to sign an Agreement with U.S. 21 Water Services Corporation utilizing West Palm Beach Contract No. 19260, Procurement No. 22 ITB 16-17-119 in an amount not to exceed $150,000.00. 23 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 24 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 25 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being 26 true and correct and are hereby made a specific part of this Resolution upon adoption hereof. 27 Section 2. The City Commission of the City of Boynton Beach hereby approves 28 and authorizes the City Manager to sign an Agreement with U.S. Water Services Corporation 29 utilizing West Palm Beach Contract No. 19260, Procurement No. ITB 16-17-119 in an amount C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\11111754-FBB1-4191-A55B-F299A292A23A\Boynton Beach.14841.1.Piggy-back -_West Palm_Beach_(Supp_Staff)_US Water Services_-_Reso.docx Page 817 of 1256 30 not to exceed $150,000.00, a copy of which is attached hereto as Exhibit"A" 31 Section 3. That this Resolution shall become effective immediately upon passage. 32 PASSED AND ADOPTED this day of , 2019. 33 CITY OF BOYNTON BEACH, FLORIDA 34 35 YES NO 36 37 Mayor— Steven B. Grant 38 39 Vice Mayor— Christina L. Romelus 40 41 Commissioner—Mack McCray 42 43 Commissioner—Justin Katz 44 45 Commissioner—Aimee Kelley 46 47 VOTE 48 ATTEST: 49 50 51 52 Judith A. Pyle, CMC 53 City Clerk 54 55 56 (Corporate Seal) 57 C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\11111754-FBB1-4191-A55B-F299A292A23A\Boynton Beach.14841.1.Piggy-back -_West Palm_Beach_(Supp_Staff)_US Water Services_-_Reso.docx Page 818 of 1256 SUPPLEMENTAL STAFF AGREEMENT This Agreement is made as of this day of , 2019 by and between U.S. WATER SERVICES CORPORATION., a Florida Corporation with a principal address of 4939 Cross Bayou Boulevard, New Port Richey, FL 34652 ("US WATER SERVICES"), and THE CITY OF BOYNTON BEACH, a Florida municipal corporation, with a mailing address of Post Office Box 310, Boynton Beach, FL 33425 (the "City"). RECITALS WHEREAS, Utilities is required to provide licensed operators to staff their water and wastewater facilities as specified in the Florida Administrative Code. The competitive market for these operators in our area has resulted in ongoing vacancies that must be covered either through overtime or by utilizing contract personnel; and WHEREAS, US WATER SERVICES, has agreed to allow the City to piggy-back the City of West Palm Beach Contract No. 19260, Procurement No. ITB 16-17-119 to provide Supplemental Works on an as-needed basis for the City's water and wastewater operation and management services through September 30, 2019 for an amount not to exceed $150,000.00 at prices based on City of West Palm Beach contract; and NOW THEREFORE, in consideration of the mutual covenants contained herein, and for other valuable consideration received, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: AGREEMENT Section 1. The foregoing recitals are true and correct and are hereby incorporated in this Agreement. Section 2. The City and US WATER SERVICES agree that US WATER SERVICES shall provide Supplemental Works on an as-needed basis for the City's water and wastewater operation and management services through September 30, 2019 at prices based on the City of West Palm Beach Contract No. 19260, Procurement No. ITB 16-17-119, a copy of which is attached hereto as Exhibit"A", except as hereinafter provided: A. All references to the City of West Palm Beach shall be deemed as references to the City of Boynton Beach. B. All Notices to the City shall be sent to: Page 1 C:AProgram Files(X86)ANeevia.Com\DocconverterproATemp\NVDC\E5DACD83-DF62-4D74-B9AD-F20F2BEC9230\Boynton Beach.14837.1.Piggyback (West Palm_Beach_- US Water Services)_Supplemental_Staff Agmt.Docx Page 819 of 1256 City: Lori LaVerriere, City Manager City of Boynton Beach P.O. Box 310 Boynton Beach, Florida 33425 Telephone: (561) 742-6010 /Facsimile: (561) 742-6090 Copy : James A. Cherof, City Attorney Goren, Cherof, Doody & Ezrol, PA. 3099 East Commercial Boulevard, Suite 200 Fort Lauderdale, FL 33308 Telephone: (954) 771-4500 Facsimile: (954) 771-4923 C. The following terms and conditions are hereby incorporated into the Agreement: Scrutinized Companies By execution of this Agreement, in accordance with the requirements of F.S. 287-135 and F.S. 215.473, Contractor certifies that Contractor is not participating in a boycott of Israel. Contractor further certifies that Contractor is not on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has Contractor been engaged in business operations in Syria. Subject to limited exceptions provided in state law, the City will not contract for the provision of goods or services with any scrutinized company referred to above. Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to Contractor of the City's determination concerning the false certification. Contractor shall have five (5) days from receipt of notice to refute the false certification allegation. If such false certification is discovered during the active contract term, Contractor shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If Contractor does not demonstrate that the City's determination of false certification was made in error then the City shall have the right to terminate the contract and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time. Section 3. In the event that the City of West Palm Beach Contract is amended, or terminated, US WATER SERVICES shall notify the City within ten (10) days. In the event the City of West Palm Beach Contract is amended or terminated prior to its expiration, this Contract shall remain in full force and effect, and not be deemed amended or terminated, until specifically amended or terminated by the parties hereto. Page 2 C:AProgram Files(X86)ANeevia.Com\DocconverterproATemp\NVDC\ESDACD83-DF62-4D74-B9AD-F20F2BEC9230\Boynton Beach.14837.1.Piggyback (West Palm_Beach_- US Water Services)_Supplemental_Staff Agmt.Docx Page 820 of 1 256 Section 4. US WATER SERVICES agrees that in the event it enters into a Contract for the same (or substantially similar) scope of services with another local government in Florida which contains a term or condition,including fees, charges or costs,which the City determines to be more favorable than the terms in this Contract, the parties shall enter into an Addendum to provide those terms to the City. Section 5. The insurance required shall require that the Certificate of Insurance name the City of Boynton Beach as an additional insured. Section 6. In all other aspects, the terms and conditions of the City of West Palm Beach Contract are hereby ratified and shall remain in full force and effect under this Contract, as provided by their terms. IN WITNESS OF THE FOREGOING,the parties have set their hands and seals the day and year first written above. CITY OF BOYNTON BEACH, FLORIDA ATTEST: By: Lori LaVerriere, City Manager City Clerk APPROVED AS TO FORM: James A. Cherof, City Attorney U.S. WATER SERVICES CORPORATION WITNESSES: BY: Print Name: Title: ATTEST: SECRETARY Page 3 C:AProgram Files(X86)ANeevia.Com\DocconverterproATemp\NVDC\E5DACD83-DF62-4D74-B9AD-F20F2BEC9230\Boynton Beach.14837.1.Piggyback (West Palm_Beach_- US Water Services)_Supplemental_Staff Agmt.Docx Page 821 of 1256 EXHIBIT A AGREEMENT BETWEEN CITY OF WEST PALM BEACH AND U.S. WATER SERVICES CORPORATION Page 4 C:AProgram Files(X86)ANeevia.Com\DocconverterproATemp\NVDC\ESDACD83-DF62-4D74-B9AD-F20F2BEC9230\Boynton Beach.14837.1.Piggyback (West Palm_Beach_- US Water Services)_Supplemental_Staff Agmt.Docx Page 822 Of 1 256 June 7, 2017 US 'Water Services Corporation 4939 Cross Bayou Blvd. New Port Richey, FL. 34652 Subject: Supplemental Staff Agreement Dear Sirs: Enclosed is an original of the above-referenced document that has been duly executed by the authorized officials of the City of'West Palm Beach for your files. a you, ��'&�WdL) Robin Hewitt Lead Contract Specialist cc: File 401 CLEMATIS STREET P.O. BOX 3366 WEST PALM BEACH, FL 33441 Page 823 of 1256 561.822.2100 ^A too -an CITY OFWEST PALM BEACH WEST PALM BEACH SUPPLEMENTAL STAFF AGREEMENT Contract No: 1026O Provider Name: U.S.Water Services Corporation Provider Address: 4Q3QCross Bayou Boulevard New Port Richey, FL 34852 Email: Telephone: 727-848-8202 ` FEkE|N#2@-OOQ8021 Services: Provider shall provide staffing ("Supplemental Workers") on an as-needed basis for the City's Water Treatment Plant and the East Central Regional Water Reclamation Facility for the following job positions: 1. State nfFlorida Certified "A''Water Treatment Operator 2. State ofFlorida Certified °B"Water Treatment Operator 3. State ofFlorida Certified "C"Water Treatment Operator 4. State of Florida Certified°A"Wastewater Treatment Operator 5. State of Florida Certified "B"Wastewater Treatment Operator 8. State ofFlorida Certified "C"Wastewater Treatment Operator T. Project Engineer 8. Maintenance Mechanic The job positions are described in further detail in the City's Invitation for Bid 16-17-119, o copy of which is attached hereto as Exhibit A, and incorporated into this Agreement by reference. No minimum amount of Services are guaranteed bythis Agreement. City Procurement: |T8 16-17-119 Special Tmnnm: 1. The City ofWest Palm Beach Public Utilities Department vesmn/em the right to interview any potential staff and approve Vrdeny placement. 2. : Should an opening for a permanent position within the City come available, the Supplemental Worker may apply for the position. The City reserves the right to hire the Supplemental Worker without any financial obligation hothe Provider. 3. Shift. Water Treatment Operators and Wastewater Treatment Operators mayl be required to work eight (8) ortwelve (i2) hour shifts. 4. Vacation Pay: If a Supplemental Worker qualifies for a vacation under their employment contract with the Provider, the Supplemental Worker shall give the City two (2) weeks' notice before the start ofsuch vacation. The Provider nhmU be responsible for any vacation pay due the Supplemental Worker. Additiona||y, if the assignment is ongoing at the time of the Supplemental Worker's vacation, the Provider shall provide a replacement worker. 5. Overtime: Should any assignment require the Supplemental Worker to work more than forty (40) hours inany given week, the City shall pay anovertime rate equal to1-1/2times the agreed upon hourly rate. O. : o. Provider(s) nhgU be responsible for employment screening, henting, evaluations, edvertining, reoruibmomt, and disciplinary actions involving any Supplemental Worker under this contract. USWater-Supplemental Workforce 1A28O 051617-2 P@Qel824 Of 1256 Screening and testing procedures used by the Provider must ensure that the required know|edBe, skills and ab8itiee, and minimum entrance requirements asdetailed Exhibit Aare met. b. Provider(e) shall be responsible for the administration and maintenance ofall employment and payroll nacorda, payroll prooeooinQ, remittance of payroll and to»ey, including the provision for the distributions of payroll time sheets and checks, for all Supplemental Workers provided under this contract, o. Provider(s) mhm|| provide paychecks for Supplemental Workers making deductions required of employers by ntote, federal and local |ows, including deductions for social security and withholding taxes. d. Prnvider(s) sha|| make all contributions for unemployment compensation funds as required by federal and state laws and process claims asindicated. e. Pnovider(m) mho|| ensure Supplemental Workers report on the specified date atthe requested time, kothe appropriate user facility, ready tmcommence work. f. Provider/s\ sha|| agree that the City retains the right to reject orstop time on any Supplemental Worker who fails to perform assigned duties satisfactorily, who is not dressed appropriately for an assignment, who violates any federal, state or local negu|ednm, disrupts the activities of the oa|mg agency to which Supplemental Worker is ansignnd, or for any other reason is considered umenoeptab�|einthe judgment nfthe City. g. Provider(a) aha|| abide by all ordinances and laws pertaining totheir operation and secure all required licenses and permits. h. Prnvider(a) shall be responsible for obtaining all necessary permits, licenses, and/or registration cards, |-Q forms (U.S. Department of Justice, Immigration and Naturalization Service - Employment Eligibility Verification) in compliance with all applicable fedena|, state and local shobuAas pertaining to the services specified herein. Prnvider(o) shall certify in writing that all required documentation is on file in their office, certifying the referrals are eligible for employment inthe United States. i. Provider(s) muetcomp|yvvithaUrequirementmofthe/\mehoenswithDlaabi|itienAct. Location ufServices: 1. City ofWest Palm Beach Water Treatment Plant 2. East Central Regional Water Reclamation Facility City Department: Public Utilities. Service Term: Recurring services: nnamAs-Needed basis. Recurring ommioee to be provided through: Three years from the date of execution of this Agreement bythe City. The Agreement may berenewed for two additional one (1) year terms upon the mutual written agreement ofthe parties. Fees: Hourly rate mnfollows: Job Title Hourly Rate Hourly Holiday Rate 1, State of Florida Certified "A"Water Treatment Operator $72.00 $108.00 2. State of Florida Certified "B"Water Treatment Operator $65.00 $97.50 3, State of Florida Certified "C"Water Treatment Operator $55,00 $82.50 4. State of Florida Certified "A"Wastewater Treatment Operator $72.00 $108.00 5. State of Florida Certified "B"Wastewater Treatment Operator $65.00 $97.50 6. State of Florida Certified "C"Wastewater Treatment Operator $55.00 $82.50 7. ELo ect Engineer $120.00 $180.00 8. Maintenance Mechanic $60,00 $90.00 USWater'Supplemental Workforce 19260 051617-2 P@Qe2825 Of 1256 Hourly rates are inclusive of all costs imcluding, but not limited to, the cost of overhead, profit, imsuusnne, taxes, and incidentals. Billing begins atthe time the Supplemental Worker arrives onsite and checks inbuwork. The City will not pay for any travel time toand from the site. Invoice Schedule: 0 Monthly Invoice THIS AGREEMENT ("Agreement") iemade byand between the PROVIDER identified above and the City of West Palm Beach (^Ciky" or^0tiUty"). 401 Clematis Street, West Palm Beech, FL 33401, In consideration of the covenants and conditions set forth in this Agreement, Provider and City agree as follows: 1- Services. Provider shall provide all equipment, materials and labor necessary to provide the services described above (the "8arvimas^), Provider shall render the Services in a diligent, careful and thorough manner consistent with good business practice. Time shall beofthe essence with respect boall matters set forth inthis Agreement. The Services shall be completed, to the City's sotisfaoMon, in accordance with the time frames indicated above. 2. Fee. The City shall pay Provider the Fee indicated above (the "Fee"). The Fee shall be the mu|e compensation paid to provider in connection with the rendition of the Services and the performance of any and all of its other obligations under this Agreement and shall include any out-of-pocket or other axpenoeo, including travel expenses, incurred byProvider. 3. Invoices. Invoices must identify the PO number and shall be submitted to: West Palm Beach Finance Department, Attn: Ar#uunbe Paymb|e, P.O. Box 3300, West Palm Beaoh, FL 33402-3368. Invoices shall show the notmna of the service and dates(s) of service. Umvoi000 based on hourly rates shall show the actual hours vvnrkmd, person performing services, nature of the aemloe' hourly rate, and dotee(e) ofservice. Invoices may be submitted no more equenUythan monthly. Hommver, all services rendered prior toSeptember 3 01 of any given year are required to be invoiced by September 30 t of that year. Provider shall provide W-9 or FE|N#tuCity with first invoice. 4. Pay2me . The Fee shall be paid bayed on receipt of a proper invoice in accordance with the invoice schedule indicated above. Payment will be made vvbh[m 45 days of receipt ofo proper invoice in accordance with the Local Government Prompt Payment Act, Section 218.70. et o|.. Florida Statutes. No payment made under this Agreement shall be onnn|univn evidence of the performance of this Agreement by pnmvlder, either wholly or in part, and no payment shall be construed to be an acceptance of or to relieve Provider of liability for the defective, faulty or incomplete rendition of the Services. 0. Term, This Agreement shall nnmmemn* upon full execution by the parties and continue for a term of three (3) years, unless earlier terminated. The City shall execute this Agreement last, This Agreement may be renewed for two (2) additional one (1) year terms upon the execution ofawritten contract amendment byboth parties. G. Representations,Warranties and Covenants of Provider 8.1 Authority. Provider hereby represents and warrants to the City that it has full power and authority to enter into and fully perform its obligations under this Agreement without the mead for any further corporate or governmental consents or apprnva|a, and that the persons executing this Agreement are authorized toexecute and deliver it. 8.2 Duly Licensed. Provider represents that it is duly licensed to perform the Services under this Agreement and that it will continue to maintain all licenses and approvals required to conduct its business. 03 No Contingency. Provider warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for Pnovider, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for Pruvider, any fee, oommiaaion, percenbsge, gift, or any other consideration contingent upon or resulting from the avvond or making of this Agreement. In the event of a breach or violation of this provision by U8Water-Supplemental Workforce 1A20O 051817-2 P@Qe3826 Of 1256 Provider, the City shall have the right toterminate the Agreementwithout liability and, stits discretion, todeduct from the contract fee, or otherwise pernver, the full amount of such fee, commission, penzontage, gdf, or consideration. 7. Standard of Care. The standard of mana for all Services performed or furnished by Provider under this Agreement will be superior to the care and skill ordinarily used by members of Provider's profession practicing under similar circumstances oratthe same time and inthe same locality. B. Compliance with Laws. In the conduct of the Services under this Agreement, Provider shall comply in all material respects with all applicable federal and state laws and regulations and all applicable county and City ordinances and regulations, including ethics and procurement requirements. 9^ Independent Contractor. It is specifically understood that Provider is an independent contractor. /f Provider is a business firm: (i) Provider acknowledges that its employees will not be covered by the City's workers' compensation insurance; (ii) Provider shall be responsible for social seourih/, unemployment and disability taxes and all other payroll taxes due with respect to Provider's employees who provide Services under this Agreement; (iii) Provider shall have no authority to bind City to any contractual or other obligation whatsoever; (|v) Provider shall be responsible to the City for all work orservices performed by Provider, its employees, agents, orsubcontractors under this Agreement. 10.Right to Audit. Provider shall maintain adequate records for the Services performed under this Agreement for five (5) years following completion of the Services, or conclusion of any ||tiQmdnn regarding this Agreement. The City shall have the right tnaudit Provider's books and records, stthe City's expense, upon prior notice, with regard to the Services provided to the City under this Agreement. Provider shall allow the Qty or its representative to interview all current or former employees to discuss matters pertinent to this Agreement, If an audit inspection in accordance with this section discloses overpricing or overcharges (of any nature) by Provider to the City in excess of one-half of one percent (.5%) of the total contract billings, (1) the reasonable costs of the City's Internal Audit department shall be reimbursed to the City by the Provider and (2) a 1596penalty ofthe overpricing or overcharges shall be assessed. Any adjustments and/or payments which must bemade as m result ofthe audit inspection, including any interest, audit costs and penalties mho|| be made by the Provider within 45 days from presentation ofCity's findings to Provider. Failure by Provider to permit such audit shall be grounds for termination ofthis Agreement bythe City. 11. Property Rights. Any work product, including but not limited to reporte, p|one, dnavvings, tracings, oketoheo, photographs. videos, illustrations, presentations, PovverPoint, specNMoatinnm, mapo, computer files, electronic data, and other documents (electronic or paper) prepared or created in the course of the performance of the Services or obtained in the performance of this Agreement, as well as all data oo1|ected, together with summaries and charts derived therefrom, will be considered works made for hire and shall be the exclusive property of the City upon their creation without restriction or limitation on their use and will be made available, upon request, to the City at any time during the performance of such Services. Upon delivery tuthe City ofsaid work product, the City will become the custodian thereof in accordance with Chapter 110, Florida Statutes. Provider will not copyright any material or work product developed under this Agreement. Any reuse of Provider's prepared documents by the City, except for the specific purpose intended henaumder, will be at City's eo|n risk and without liability orlegal exposure to Provider nrits sub-contractors. 12. Insurance. Unless waived in writing below bythe applicable Department Dineutor, Provider shall purchase from and maintain during the term of the 8ervim*n, and all applicable statutes of limitation periods, the following insurance: (o) Comprehensive General Liability insurance in on amount not less than $1,000'000.00 Combined Single Limit per each occurrence and $1.880.080 aggnagah*, with bodily injury |imnito, which may not be subject toaself-insured retention ordeductible exceeding $25.000. J Commercial General Liability Insurance is waived by the Department Director. Dept. Director Signature US Water Supplemental Workforce 1A28O 051617`2 P@Qe4827 Of 1256 (b) Worker's Cnnnp*nmaUmn and Employer's Liability Insurance with limits of Employer's Liability Insurance not |aoe than $500.000 "each anukdent" 8500.000 "disease policy limit," and $500,008 "disease each employee" unless an opt out letter in conformance with Florida Statutes. Chapter 440, has been provided tothe City, LJ Provider is the sole owner and/or employer with less than four non-construction employees and opts out of workers' compensation coverage under Florida Chapter 440. Provider understands that Provider must comply with Sao. 440.055, F.S., and other applicable regulations. Provider isonindependent contractor. Provider Signature <c\ Automobile Liability'. Not less than $1,000,000.00 for injuries per person in any one accident or occurrence and $1.008.000.00 in the aggregate for injuries per occurrence or accident, with $18U,0O0.08for property damage in any one accident or occurrence. May not be subject tpa self- insured retention ordeductible exceeding $1Q,BOD. 0 �� Automobi|eLiab0ity |nouranoeiowaivedbythaDepertmemtOireoor, Dept. Director Signature Gelf-inaunamoesha1| notbeaouepteb|o. A|| imounsnuapdiciesehaUbeissuedbyoempaniestNat(a)ereouthorized to transact business in the State of Florida, (b)have agents upon whom service of process may be made in Palm Beach County, Florida,and(o) have a best's rating ofA,Norbetter. Additional Insured: All liability insurance policies shall name and endorse the following ao additional imsuned(a): the ECR Board, the City of West Palm Beach and its commissioners, officers, employees and agents. Insurance:Certificate of Provider shall provide the City Risk Manager with a copy of the Certificate of Insurance and endorsements evidencing the types of Insurance and coverage required prior to the commencement of Services. It is the Provider's responsibility to ensure that the City's Risk Manager and the Department both have ocurrent Insurance Certificate and endorsements etall times. If Provider's insurance policy is a claims made pu|ioy. Provider shall maintain such insurance coverage for a period of five(5)years after the expiration or termination of this Agreement.Applicable coverage may be met by keeping the policies in fonoe, or by obtaining an extension of coverage commonly known as a reporting endorsement oftail coverage. The provisions of this section shall survive beyond the expiration or termination of this Agreement. 13. {ndemnU�(. Provider agrees to indemnify, defend, save and hold harmless the ECR Board, the City. its offioens, agents and employees, from any claim, demand, suit, |ooa, cost or expense for any damages that may he asserted, claimed or recovered against orfrom City, its oommissionenu, officials, employees or agents arising out of or incidental to or in any way connected with Provider's performance of the Services or caused by or arising out of(a) any aot, omiesion, default or negligence of Provider in the provision of the Oemin*n under this AQnaement� /b\ property damage or personal injury, which damage, injury ordeath arises out of or is incidental to or in any way connected with Provider's execution of Sen/ices under this Agreement; or (n) the violation of fedorel, etete, county or municipal |aws, ordinances or regulations by Provider. This indemnification includem, but is not limited to, the performance of this Agreement by Provider or any act oromission of Provider, its ogentm, eerxonta, oontraotoro, petpane, guests or invitees and includes any costs, attorneys' fees. expenses and liabilities incurred in the defense of any such claims or the investigation thereof. Provider agrees to pay all claims and |uaaes and shall defend all suits, in the name of the ECR Board, the C|ty, its employees, and offioerm, including but not limited to appellate proceedings, and shall pay all oomta, judgments and attorneys' fees which may issue thereon. Qty reserves the right to select its own legal counsel to conduct any defense in any such proceeding and all nnotm and fees associated therewith uhu|X be the responsibility of Provider under this US VVatar-Gupp|emenba| Workforce 10280 031817-2 _ P@Qe"828 Of 1256 indemnification provision. To the extent considered necessary by the City, any sums due Provider under this Agreement may be retained by City until all of City's claims for indemnification have been nasolved, and any amount withheld shall not be subject to the payment of interest by City. This indemnification agreement is separate and apart from, and in no way limited by, any insurance provided pursuant to this Agreement or otherwise. This paragraph shall not be construed to require Provider to indemnify the City for City's own neg|igenoe, or intentional acts of the City, its agents or employees. Nothing in this Agreement shall be deemed to affect the rights, phvUuQea and sovereign immunities of the City as set forth in Section 768.28. Florida Statutes. This clause shall survive the expiration or termination ofthis Agreement. 14. Termination. 14.1 The City ehsU have the right to terminate this Agreement, in vvho|o or in port' with or without meome, and for its convenience, upon five (5) calendar days written notice to Provider. In the event of termination, the City shall compensate the Provider for all authorized Services satisfactorily performed through the termination date under the payment terms contained inthis Agreement. 14.2 Provider shall immediately deliver all dooumenta, vvhthem information, electronic data and other materials concerning City projects in its possession to the City and obg|| cooperate in transition of its consulting duties to appropriate parties at the direction of the City. 14.3 Upon termination, this Agreement shall have no further force oreffect and the parties shall be relieved of all further liability heneunder, except that the provisions of this Section and the provisions regarding the right to eudit, property rightu, imouronua, indemnification, governing |mvv and litigation ohu|i survive termination of this Agreement and remain in full force and effect. 15. Warrant . Provider shall warrant that the Services shall be free from improper workmanship and/or defective materials for one (1) year from completion. 18. Notices. Notices required hereunder shall be given by written notice sent byregistered U.S. mail, return receipt requested, or byelectronic transmission producing awritten reoord, if to the City. to P.O. Box 3366, West Palm Bearh, FL 33402' attention: City Adminiatrator, and if to Provider, to the address set forth above. 17. Taxes. Provider understands that in performing the Services for the City, Provider is not exempt from paying sales tax to Provider's suppliers for materials required for Provider to perform under this Agreement. Provider shall not be authorized to use City's tax exemption number for purchasing supplies or materials. 18. This Agreement is expressly conditioned upon the availability of funds lawfully appropriated and available for the purposes set out herein as determined in the sole discretion of the City. If funding for this Agreement is in multiple fiscal years, funds must be appropriated each year prior to costs being incurred. Nothing in this paragraph ahe|| prevent the making of contracts with aterm of more than one year. but any contract so made shall be executory only for the value of the services to be rendered or paid for in succeeding fiscal years. In the event funds to finance this Agreement become unavailable, the City may terminate this Agreement upon no less than twenty-four(24) hours notice to Provider. The City shall bethe sole and final authority aotnthe availability offunds. 19. Lobbying Certification. Provider certifies to the best ofits knowledge and belief that no funds or other resources received from the State in omnmootimn with this Agreement will be used directly or indirectly to influence legislation orany other official action by the Florida Legislature or any state agency. 20. Non Discrimination. Provider shall not discriminate against any person because ofrace, color, reUgion, sex, gender identity or expreaaion, genetic informa0on, national origin, age. disability, familial status, marital status orsexual orientation. 21. Assignment. This Agreement requires the skills and experience ofProvider and may not be assigned by Provider. This Agreement shall be binding upon and inure to the benefit of the parties hereto, their successors and permitted assigns. US Water Supplemental Workforce 1Q2GO [� 051617-2 @Qe^R29 Of 1256 22. Any deadline provided for in this Agreement may be extended, as provided in this penagraph, if the deadline is not met because of one ofthe following conditions occurring with respect to that particular project orparcel: fine, sthke, axp|ooion, power blackout, earthquake, volcanic action, Oood, war, civil disturbances, terrorist acts, hurricanes and acts of God. When one of the foregoing conditions interferes with contract performamca, then the party affected may be excused from performance on a day-for-day basis to the extant such party's obligations relate to the performance np interfered with; providod, the party so affected ohe|| use reasonable uffoMo to remedy or remove such causes ofnnn-perfonnenoe. The party so affected shall not be entitled to any additional compensation by reason of any day-for-day extension hereunder. 23. . 23.1 Provider represents that it has not given or accepted a kickback in relation to this Agreement and has not solicited this Agreement bYpayment oracceptance ofa gratuity oroffer ofemployment. 23.2 Provider represents that it has not solicited this contract by payment of gift or gratuity or offer of employment to any official, employee of the City or any City agency or selection committee. 233 Provider represents that itdoes not emp|oy, directly or in0irenUy, the mayor, members of the city commission or any official, department director, head of any City agency, or member of any board, committee nr agency of the City. 23.4 Provider represents that it does not emp|oy, directly or indirecUy, any official of the Qty. Provider represents that it does not emp|oy, directly or indirent|y, any employee or member of any bnand, committee or agency of the City who, alone or together with his household mnmbere, ovvm at least five percent (6%) ofthe total assets and/or common stock ofProvider. 23.5 Provider represents that it has not knowingly given, directly or indirectly, any gift with a value greater than $100 in the aggregate in any calendar year to the mayor, members of the city commission, any department director or head of any City agency, any employee of the City or any City agency, or any member of a board that provides regu|abon, overmight, management orpolicy-setting recommendations regarding Provider orits business. 23.6 Provider nepnaaemto that it presently has no interest and shall acquire no intergmt, either direct or indirect, which would conflict in any manner with its performance under this Agreement. Provider further represents that no person having any interest shall be employed or engaged by it for said Services. 23.7 Provider, its uffioera, pemonmu|, subsidiaries and subcontractors shall not have or hold any continuing or frequently recurring emop|oyment, contractual relationship, business association or other circumstance which may influence or appear to influence Provider's exercise of judgment or quality of the Services being provided under this Agreement. Provider, its mfficora, permonne|, subsidiaries and subcontractors shall not perform consulting work for any third party that would in anyway be in conflict with the Services to be provided to the CRA under this Agreement. 23,8 In the event Provider in permitted to utilize subcontractors to perform any services required by this Agreement, Provider agrees to prohibit such mubcontraotora, by written contract. from having any conflicts eswithin the meaning ofthis section. 24. Public Entity Crimes Act. Provider represents that the execution of this Agreement will not violate the Public Entity Crimes Ant (Section 287.133. Florida Statutaa), and certifies that Provider and its subcontractors under this Agreement have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within 36 months from the dab* of submitting a pnmpoae| for this Agreement or entering into this Agreement, Violation of this section may naeu\t in termination of this Agreement and recovery of all monies paid harato, and may result in debarment from City's competitive procurement activities. 25. Unauthorized Aliens, The knowing employment by Provider or its sub-contractors of any alien not authorized to work by the immigration |ewo or the Attorney General of the United States is prohibited and uhoU be m default of this Agreement which results in uni|obaro| termination. Provider further represents that it is not in USWater- Supplemental Workforce 1Q2OO violation of any laws relating to terrorism or money laundering, including Executive Order No. 13224 on Terrorist Financing. 28. Small Business Reguirements. Provider shall comply with the City's 8msU| Business Ordinance set forth in Chapter 00 of the Code of Ordinances of the City of West Palm 8each, which is incorporated herein by this reference. Provider shall comply with the emo|| business commitment contained in Provider's Proposal. Provider shall maintain all relevant records and information necessary to document compliance with the Small Business Ordinance and shall allow the City to inspect and audit such records, 27. Public Records Law. Provider shall comply with Chapter 119. Florida 3tetuhan, regarding public records. Provider shall keep and maintain all documents, records, correspondence, computer files, emails, and/or reports prepared in order to perform the work under this Agreement. A request to inspect or copy public records relating to this Agreement must be made directly to the City. If the City does not possess the requested records, the City shall immediately notify the Provider of the request and the Provider shall provide the records to the City orallow the records to be inspected or copied within a reasonable time at the cost that would not exceed the cost allowed by law. All records stored electronically must bgprovided tothe City, upon request, in aformat that is compatible with the information technology systems of the City. Upon completion of the Agreement, Provider shall transfer, at no cost, to the City all public records in possession of Provider or Provider shall keep and maintain all public msonnds. If Provider keeps and maintains public records upon completion of the Agreement. the Provider shall meet all applicable requirements for retaining public records. If Provider transfers all public records to the City upon completion of the Agreement, the Provider shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements, Provider mhm|[ ensure that public records that are exempt orconfidential and exempt from public records disclosure are not disclosed. Records, that are exempt or confidential and exempt from public records disclosure requirements may include plana, drawings and records related to the physical security nfCity buildings arsecurity systems and shall not be disclosed by Provider' except as authorized bylaw and specifically authorized by City. If Provider does not transfer the records to the public agency upon completion of the Agreement. Provider shall ensure that exempt and confidential records are not disclosed. Failure of the Provider to provide public records to the City within a reasonable time or a||ovvob|e cost may be subject to penalties under Sec. 119.10. Fla. Stot., and may be cause for termination of the Agreement by the City, in addition to any other remedies available under the Agreement orbylaw. IF THE PROVIDER HAS QUESTIONS REGARDING THE /\PpL[[|ATI{]N OF CHAPTER 119, FLORIDA STATUTES, TO THE PROVIDER'S [)UT\/ TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CITY CLERK, WHO IS THE CITY'S CUSTODIAN OF PUBLIC RECORDS, AT: Office of the City Clerk City of West Palm Beach 401 CjeOl8[iG S[nBef West Palm Be8ch, FIL 33401 561-822-1210 ~ CitVC]8rk@VVpb.OrQ. 28. Governing Law. This Agreement shall be construed and interpnated, and the rights of the parties hereto daternmined, in accordance with Florida law without regard to conflicts of law provisions. The City and Provider submit tothe jurisdiction of Florida courts and federal courts located in Florida. The parties agree that proper venue for any suit concerning this Agreement shall be Palm Beach County, Florida, or the Federal Southern District of Florida. Provider agrees to waive all defenses to any suit filed in Florida booed upon improper venue or /onunn nonoonveniena. TO ENCOURAGE PROMPT AND EQUITABLE RESOLUTION OF ANY L|T|GAT|ON, EACH PARTY HEREBY WAIVES ITS RIGHTS TO A TRIAL BY JURY IN ANY LITIGATION RELATED TO THIS AGREEMENT. 29. Severabilitv. In the event that any term or provision of this ohe|| to any extent be held invalid or USVVoter-Supp|ementa| Workforce 19260 051617-2 P@Qe031 Of 1256 unenforceable, it is agreed that the remainder of this Agreement, or the application of such terms or provision to persons mrcircumstances other than those as to which itisheld invalid or unenforceable, shall not be affected and every other term and provision of this Agreement shall be deemed valid and enforceable bothe maximum extent permitted by law. 30. Waiver. AnyweivorbyyitherpertyberetunfanyVnen/ monaoftheoovenamho. conditione, orpxn/isionuof this Agreement, shall not be construed to be a vvahmr of any subsequent orother breach of the mama or any covenant, condition orprovision ofthis Agreement. 31- Headings. The headings contained in this Agreement are provided for convenience only and shall not be considered in construing, interpreting orenforcing this Agreement. 32. Inspector General. Provider 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 may demand and obtain records and testimony from Provider and its subcontractors and lower tier subcontractors. Provider understands and agrees that inaddition to all other remedies and consequences provided by law, the failure of Provider or its subcontractor or lower tier subcontractors to fully cooperate with the Inspector General when requested may be deemed by the City to be a material breach of this Agreement justifying its termination. 33. . Any Exhibits attached to this Agreement are incorporated into the terms and conditions of this Agreement. In the event of any conflict between this Agreement and any Exhibits, this Agreement governs. This Agreement embodies the entire agreement and understanding of the parties with respect to the subject matter of this Agreement and supersede all prior and contemporaneous agreements and underotandinga, ons| or written, relating to the subject matter. This Agreement may only be modified bywritten amendment executed bythe City and Provider. 34. . Except as otherwise specifically provided herein' in the event of any conflict between the specific provisions of this Agreement and the requirements or provisions of the Procurement So|icitotiomend/erPropoaa|. thepnuviaionsshaUbeQivenpnaoedenoeinthefo||owiogordar: (1)HhisAgroennent, (2) the Procurement Solicitation; and (3) the Proposal. Wherever posaibia, the provisions of the documents shall beconstrued insuch manner astoavoid conflicts between provisions ofthe various documents. IN WITNESS WHEREOF, the pates hereto have made and executed this Agreement as of the day and year last executed below. U.S. CITY QFWEST PALM BEACH 'y Edward Mitchell Geraldine Muoi6, Mayor Vice President &General Manager / Attest: City Clerk Date: . 2017. CITY ICE Approved and legality US Water- Supplemental Workforce 19260 5RAL R PROCUREMENT D T 'r !?gi 'r r ` 401 Clematis Street, 3�`' Floor " w West Palm Beach, FL 33401 4 561-822-2130 W . . �pFax:: 561-822-1564 £CAMhT l®'� Invitation to Bid ITB 16-17-119 Public Utilities Supplemental Workforce The City of West Palm Beach is soliciting one or more qualified and responsible vendors to provide, on an as- needed basis, supplemental public utilities operations and support staff. The Contractor(s) selected under this procurement may be awarded separate contracts with the City of West Palm Beach, and/or the East Central Regional Water Reclamation Facility(ECRWRF)under the terms and conditions of this ITB. Bid documents may be acquired electronically and free of charge by logging onto the City's Procurement Department's website at: http://w qE /De artments/Pro(;L,ireryienti olicitations/Bids-List Hard copies of bid documents may also be acquired from the Procurement Department at 401 Clematis Street, Third Floor,West Palm Beach, Florida 33401 —(561)822-2100. Time is of the essence and any proposal received after 3:00 p.m. on April 12, 2011, whether by mail or otherwise, will be returned unopened. The time of receipt shall be determined by the time clock located in the office of the Procurement Department, Bids shall be placed in a sealed envelope, marked in the lower left-hand corner with the bid number, title, date, and hour bids are scheduled to be received. offerors are responsible for insuring that their bid is stamped by Procurement office personnel by the deadline indicated. All bids must be delivered or mailed to: City of West Palm Beach Procurement Department Nathaniel Rubel, Procurement Supervisor 401 Clematis Street,3"L Floor West Palm Beach, FL 33401 ENVELOPES CONTAINING BIDS MUST BE IDENTIFIED AS BID 16-17-119. IMPORTANT: Contact by a Contractor, or anyone representing a Contractor, regarding this ITB with the WPB Mayor, any WPB Commissioner, Officer, City employee, ECR Board Member, ECR Board alternate Member, Commissioner or official of the governing body of any ECR Member, or any Officer or Employee of any ECR Member, other than an employee of the WPB Procurement Department, is grounds for disqualification. Contact with the WPB Procurement Department is for clarification purposes only. NV, i publish Date: March 10,2017 rank Hayden f Director of Procuremen ITB 16-17-119 1 Page 833 of 1256 Table of Contents SECTION I — SCOPE OF WORK..................................................... ....................................... 3 SECTION 2 — SPECIAL TERMS..........................................._ .............................................. 30 SECTION 3 — MINIMUM QUALIFICAITONS, and EVALUATION FACTORS ............... .......... 32 SECTION 4 — INSTRUCTIONS TO BIDDERS........................... ............................................ 33 FORM B1 — BID PACKAGE COVER SHEET............... ..._......... ........... ......................... 39 FORMB2 — BID............................................... .................................................................. .... 40 FORM B3 —SCHEDULE OF BID ITEMS ................................................................................ 42 FORM B7 — LIST OF REFERENCES...................................................................................... 43 FORM 138 —AFFIDAVIT OF PRIME BIDDER.......................................................................... 44 FORM B9 — DRUG FREE WORKPLACE CERTIFICATION ................................................... 46 FORM 1311 (SB02) — SUBCONTRACTORS LISTING............................................................. 47 FORM B12 (SB01) —STATEMENT OF SMALL BUSINESS PARTICIPATION....................... 48 FORM 1313 (SB03) — LETTER OF INTENT....................................................................... ..... 49 EQUAL BENEFITS CERTIFICATION FORM.......................................................................... 50 ITB 16-17-119 Page 831 of 1256 ti '= S s,+v i�v W f I f_'A I NA,, i:I[ F'x 4 11 � SECTION I — SCOPE OF WORK Introduction: The Public Utilities Department is responsible for the Water Treatment Plant, the East Central Regional Water Reclamation Facility (ECRWRF), and the reclaimed water systems. This includes operation and maintenance of all the water lines, fire hydrants, pump stations, sewer lines, and lift stations in our service area. The Department supports wastewater and water laboratories which are HRS certified and NELAC certified for a range of parameters. other services provided include billing, customer service, the Mayor's Response Team, dispatch, and a fiscal and administrative services division. In addition, the Department electricians maintain all six stormwater pump stations and the Water Resources Division restores and maintains approximately 2.5 square miles of preserves along with 25 linear miles of canals and berms, and the City's reservoirs Lake Mangonia and Clear Lake. The East Central Regional Water Reclamation Facility (ECRWRF) is a 70 million gallons per day (mgd) conventional activated sludge secondary treatment plant. The ECRWRF has a five member Board with representatives from each member utility; The City of West Palm Beach, Riviera Beach, Labe Worth, Town of Palm Beach, and Palm Beach County. The City of West Palm Beach Public Utilities has the operation and maintenance responsibility for the facility. Portions of the plant's secondary effluent are discharged to a high-level disinfection facility capable of delivering 22 mgd to meet industrial cooling water demands at the Florida Power and Light West County Energy Center. The balance of secondary effluent is discharged to deep injection wells. Background: The Water Treatment Plant and ECRWRF are undergoing multiple major construction projects which cause for alternative operational strategies and monitoring. This along with a high turnover rate, pending retirements, and a staff in which the majority are trainees; the City of West Palm Beach is seeking supplemental certified operators to help maintain regulatory compliance and assist with various operational projects. Scope of Work: The City of West Palm Beach is requesting additional State of Florida certified water and wastewater treatment operators, engineering and office staff, and other skilled positions. The additional operators would work alongside and in some instances supervise current operations staff. The City of West Palm Beach Public Utilities Department is requesting unit price per hour for each position listed below: Operations: *Operations supplemental staff will be required to work:12 hour shifts 1. State of Florida Certified"A"Water Treatment Operator 2. State of Florida Certified "B"Water Treatment operator 3. State of Florida Certified "C"Water Treatment operator 4. State of Florida Certified"A"Wastewater Treatment Operator 5. State of Florida Certified"B"Wastewater Treatment operator 6. State of Florida Certified "C"Wastewater Treatment Operator Engineering and office Staff: 7. Secretary 8. Project Engineer 9. Customer Service Representative 10. Customer Relations Specialist Skilled Staff: 11. Maintenance Mechanic 12. Utilities Electrician 13. Utilities Controls Technician 14. Laboratory Technician 1 15. Laboratory Technician 11 16, Laboratory Technician III ITB 16-17-119 3 Page 835 of 1256 17. Heavy Equipment Operator 18. Maintenance Worker 19. Meter Service Technician | 20� Meter Service Technician || 21� Meter Service Technician III 22. Utility Locator The City of West Palm Beach Public Utilities Department reserves the right to interview any potential staff and approve or deny placement. The City reserves the right to moqwan\additional staff for utility related positions mut specifically mentioned inthis ITB. Supplemental to Hire: Should an opening fora permanent position within the City come available, the supplemental worker may apply for this position. The City reserves the right to hire this supplemental worker without any financial obligation to the Contractor. Vacation Pay: If a supplemental worker qualifies for e vacation under their employment contract with the Contnaotor, that employee will give the City two (2) weeks' notice before the start of such vacation. The Contractor shall be responsible for any vacation pay due the employee, Additionally, if the esoi8mmnmt is ongoing at the time of employee's v000Uon. the contractor will provide replacement employee. Overtime: Should any assignment require the supplemental employee to work more than forty(40)hours in any given week, the City shall pay anovertime rate equal &u1-1/2times the hourly rate specified inthe contractor's bid, Contractor Responsibilities: 1. Contractor(s) shall be responsible for employment screening, tos0mQ, ovaluatiums, advertimimg, reoruitment, and disciplinary actions involving any supplemental contracted personnel under this contract. Screening and testing procedures used by the contractor must ensure that the required know|edQe, nk|||o and abilities, and minimum entrance requirements as detailed in the bid specifications are met. 2. Contractor(s) shall be responsible for the administration and maintenance of all employment and payroll reuurdm, payroll proceuaing, remittance nfpayroll and taxes, including the provision for the distributions of payroll time sheets and ohooka, for all supplemental contracted personnel provided under this contract. 3. Contnaotor(o) aha|| provide paychecks for supplemental contracted personnel making deductions required of employers by state,federal and local laws, including deductions for social security and withholding taxes. 4. Contractor(e) she|| make all contributions for unemployment compensation funds as required by federal and state laws and process claims as indicated. 5. Contractor(s) shall ensure employees report on the specified date at the requested time, to the appropriate user facility, ready tncommence work. G. Cuntraotmr(o) shall agree that the City retains thehBhttomejootnrmhoptim* omanysupp|amente| contracted personnel who fails to perform assigned dudes satisfactorily, who is not dressed appropriately for an maaigmment, who violates any fedena|, state or |ooe| regu|atiom, disrupts the activities nfthe using agency towhich supplemental contracted personnel iaassigned, orfor any other reason is considered unacceptable in the judgment of the using agency, 7. Contractor(s) shall abide by all ordinances and laws pertaining totheir operation and secure all required licenses and permits. ITB 16-17-119 Page -4 @Q� ��� Of 1256 8. Contractor(s) shall be responsible for obtaining all necessary permits, licenses, and/or registration cards, 1-9 forms (U.S. Department of Justice, Immigration and Naturalization Service - Employment Eligibility Verification) in compliance with all applicable federal, state and local statutes pertaining to the services specified herein. Contractor(s) shall certify in writing that all required documentation is on file in their office, certifying the referrals are eligible for employment in the United States. 9. Contractor(s) must comply with all requirements of the Americans with Disabilities Act. It is specifically understood that Provider of supplemental worker(s) is an independent contractor. If Provider is an individual: (i) Provider is not an employee of the City: (fi) this Agreement is not a contract of employment and that no relationship of employerlemployee or principallagent is or shall be created nor shall exist by reason of the performance of the Services under this Agreement, (iii) Provider will not be eligible to participate in any employee benefit maintained by the City; (iv) Provider will not be covered by the City's workers'compensation insurance; (v) Provider will be solely and exclusively responsible for payment of all taxes due in respect of all compensation and/or other consideration received by Provider under this Agreement. If Provider is a business firm: (i) Provider acknowledges that its employees will not be covered by the City's workers'compensation insurance; (ii) Provider shall be responsible for social security, unemployment and disability taxes and all other payroll taxes due with respect to Provider's employees who provide Services under this Agreement; (iii) Provider shall have no authority to bind City to any contractual or other obligation whatsoever; (1y) Provider shall be responsible to the City for all work or services performed by Provider, its employees, agents, or subcontractors under this Agreement. Job Descriptions Operations 1. State of Florida Certified "A" Water Treatment Operator(Water Plant Operator 111) Summary: Under limited supervision, oversees and performs a variety of complex duties to ensure a safe and adequate supply of water in accordance with City, federal and state standards; and performs related duties as assigned. Essential Functions: (Essential functions, as defined under the Americans with Disabilities Act, may include the following tasks, knowledge skills, and other characteristics. This list is ILLUSTRATIVE ONLY, and is not a comprehensive listing of all functions and tasks performed by incumbents of this class.) An employee in this class performs complex technical and skilled work to provide safe, potable water for The City of West Palm Beach and its environs. This is done through the operation and minor maintenance of water treatment plant, water storage tanks, pump stations and associated facilities. Work involves collecting water lab samples, performing required analysis and tests; checking chlorinators and other plant machines and equipment; and reading meters, gauges and dials. Work also involves monitoring potable water levels in ground storage tanks. Employee is responsible for maintaining records of readings, making more complex adjustments and minor repairs to equipment and fixtures as required, and maintaining accurate records. Employee may also assist in training and coordinating the work of lower-level Water Plant Operators. Employee must exercise independent judgment and initiative in completing assignments. Employee must also exercise tact and courtesy in frequent contact with co- workers and supervisors. Duties and Responsibilities: (Which are not in any hierarchical order) 1. Monitors SCADA equipment and maintains proper surveillance of all plant processes, equipment and controls to ensure efficient operation of the plant. 2. Monitors process variables, making changes as determined by flow, controls, instrumentation analysis, calculations, and visual observations; calibrates equipment; adds chemicals; monitors and participates in shut-downs and start-ups of equipment as directed. 3. Reviews logs and notes to evaluate condition of water plant at beginning of shift. 4. Collects and analyzes water samples from a variety of sources on a regularly scheduled basis or upon request. ITB 16-17-119 Page 83�of 1256 5. Adjusts orrocalibraheu laboratory equipment, chemical feeds, and pressures based onwater sample analysis. G. Monitors, adjustand cleans filter system toensure proper functioning, 7. Monitors and performs routine preventive maintenance of equipment and cleaning of chemical rooms, 8. Maintains supplies, chemicals and parts, and ensures that na|a0sd paperwork and invoices are processed. A. Uploads chemicals from tanker trucks,filling tanks amnecessary. 10. Assists in performing preventive and emergency maintenance on equipment. 11. Performs regular inspections of the plant, feci|itiea, pump stations, storage 1am4a and supporting equipment to ensure proper operating condition at all times; maintains detailed records of findings concerning conditions and status or state of all equipment in assigned area. 12. Logs information associated with water plant status per shift assignment(s) to ino|ude, but not limited to: production log sheets/bookn, filters operations log sheet/booka, treatment operations log sheets/books, sludge pmooaoim0 log aheot/bouk, and other application log books applicable to the Public Water Supply System journal. 13, Performs related work eorequired. Knowledge, Skills, and Abilities: • Considerable knowledge of water operational systems, principles and practices. w Considerable knowledge of C|ty, federal and state nu|es, ragmUationn, practices and procedures related hothe operation and administration ofwater systems, • Considerable knowledge of occupational hazarda, beaUth, safety and environmental poNoies, precoutinna, and procedures associated with water plant operations and related activities. m Knowledge of recordkeeping and file maintenance practices and procedures. ° Working knowledge ofchemistry aaapplied towater treatment. * Ability to use computer system(s) operated by the Qty and department for monitoring plant and distribution system operations, including computerized maintenance management systems (C|WKHS); pn*paring, completing and closing work orders as required. ° General knowledge ufasset management procedures and processes; best business practices for water treatment plant operation, m Skill in safely responding to hea|th, safety, and environmental incidents oremergencies. * Skill in safely maintaining and operating water plant systems, equipment and machinery. w Skill inthe safe use ofhazardous chemicals. • Skill in utilizing verbal and written communication and the ability to keep accurate naomrdm in the development and preparation ofreports and presentations, • Ability to establish and maintain effective working relationships with those ouniaohod in the course of work. Environment:Physical Requirements and Work Work involves long hours with exposure to loud noiaaa, chemioa|a, toxic fumea, air and waterborne pothogane, and mechanical equipment during the operation and inspection of facilities and equ|pment, with the ability to detect mechanical or operational problems. There is frequent need to stand, stoop, walk,,sit, climb in high areas and on catwalks, lift heavy objects (up to 50 pounds) and perform other similar actions during the course of the workday. The City of West Palm Beech promotes and maintains a drug/alcohol free work environment through the use of mandatory pre-employment and random drug testing for certain employees. Minimum Qualifications: High school diploma or GED supplemented by vocational and/or technical training in vvahar treatment plant operations, biology, chemistry, or bacteriology and five (5) years experience involving water plant operations and equipment maintenance, or any equivalent combination of training and experience. Associate degree in biology, chemmistry, science or related field, preferred. Must possess and maintain State of Florida Department of Environmental Protection Water Treatment certification, Class A. A valid Florida driver's license and CDL is required. Avo|id driver's license from any stmt* (equivalent to m State of Florida Class E) may be utilized upon application; with the ability to obtain the State of Florida driver's license within 30 days from day of appointment ITB 16-17-119 P � @Q� ��Oof 1256 2. State nfFlorida Certified "B"Water Treatment Operator(Water Plant Operator 11) Under limited eupervsion, oversees and performs o variety of complex duties to ensure a safe and adequate supply ofwater im aocondomuo with City, federal and state standards; and performs related duties aoassigned. Functions:Essential (Essential functions, eodefined under the Americans with Disabilities Act, may include the following tasks, knowledge skills, and other characteristics. This list is ILLUSTRATIVE ONLY, and is not a comprehensive listing of all functions and tasks performed by incumbents of this class.) An employee in this class performs responsible technical and skilled work in the operation and minor maintenance ofwater treatment plant, water storage tonka, pump otabmmo and associated facilities. Work involves performing required analysis and tests; checking chlorinators and other plant machines and equipment; and reading meters, gauges and dials. Work also involves monitoring potable water levels in ground storage tanks. Employee is responsible for maintaining records of needinga, making chemical adjustnente, maintaining accurate records, and maintaining equipment and fixtures as required. Employee must exercise independent judgment and initiative in completing assignments. Employee must also exercise tact and courtesy in frequent contact with co-workers and supervisors. Duties and Responsibilities: (Which are not/nany hierarchical order) 1. Reviews logs and notes to evaluate condition of water plant at beginning of shift. 3. KAomiKure computer SCADA equipment toensure efficient plant operation; maintains pump status and reservoir levels. 3. Collects and analyzes water samples from avariety ofsources on a regularly scheduled heeio or upon request. 4. Monitors and maintains proper surveillance of all plant processes, equipment and controls to ensure efficient operation ufthe plant, pump stations and storage tanks. 5� Adjusts or recalibrates laboratory equipment, chemical feeds, and pressures based on wateraample analysis. O. Monitors, adjusts and cleans filter system buensure proper functioning. 7. Performs regular shift inspections of the plant, 0eci|itiem, and supporting equipment to ensure proper operating condition at all Unmea| maintains detailed records offindings. 8. Monitors and performs routine preventive maintenance of equipment and cleaning of chemical rooms. Q. Inventories, orders, and receives supplies. 10. Uploads chemicals from tanker trucks and stores in bulk storage tanks;fills day tanks as necessary. 11. Prepares and submits required records, logs and reports. 12. Assists in performing preventive and emergency maintenance on equipment. KNOWLEDGE, SKILLS AND ABILITIES: ° General knowledge ofwater treatment operational systems. • Knowledge of City, federal and state ruleo, reQu|ationo, practices and procedures related to the operation and administration ofwater systems. o Knowledge of health, safety and environmental policies, precautions, and procedures. • Knowledge ofchemistry onapplied towater treatment. ° Knowledge of recordkeeping and file maintenance practices and procedures, w Ability torecognize breakdowns inwater treatment plant equipment. � Ability to use computer ayahem(n) operated by the City and department for monitoring p|mmtmmd distribution system uperetiuma, including computerized maintenance management systems (CKAMS); preparing, completing and closing work orders msrequired. ° Ability to exercise independent judgment in making decisions and coordinating the proper operation ofequipment kzproduce water. w Skill in safely responding to hoa|th, uafoty, and environmental incidents oremergencies. * Skill in safely maintaining and operating water plant systems, equipment and machinery. * Skill inthe safe use ofhazardous chemicals. ° Skill in utilizing verbal and written communication in the development of reports and presentations. ITB 16-17-119 PZ @Q� ��6 Of 1256 ° Ability to establish and maintain effective working relationships with those contacted in the course of work. PHYSICAL REQUIREMENTS AND WORK : VVorkinvovenlonghourowithexposuneto loud noises, chemicals, toxic fumes, air and waterborne pathogeny, and mechanical equipment during the operation and inspection of facilities and equipment, with the ability to detect mechanical or operational problems. There is frequent need to stand, stoop, walk, sit, climb in high areas and on catwalks, lift heavy objects (up to 50 pounds) and perform other similar actions during the course of the workday. The Qty of VVeni Palm Beach promotes and maintains a drug/alcohol free work environment through the use of mandatory pre-employment and random drug testing for certain employees. MINIMUM QUALIFICATIONS: High school diploma mrGED supplemented byvocational and/or technical training in water treatment plant operallone, bio|m8y, chemimtry, or bacteriology and three (3) years experience involving water plant operations and equipment maintenance, or any equivalent combination of training and experience. Associate degree in biology, chemistry, science or mAetod field, preferred. Must possess and maintain State of Florida Department of Environmental Protection Water Treatment certification, Class 8 Avalid Florida driver's license and CDL isrequired. Avalid driver's license from any state to a State of Florida Class E) may be utilized upon application; with the ability to obtain the State of Florida driver's license within 30 days from day of appointment. 3. State of Florida Certified "C"Water Treatment Operator(Water Plant Operator) Under limited supervision follows a defined training program in water treatment to a certified operator, performs daily tasks and maintenance of the water facility, and performs related duties as assigned. ESSENTIAL FUNCTIONS: (Essential functions, andefined under the Americans with Disabilities Act, may include the following tasks, knowledge, skills and other characteristics. This list is ILLUSTRATIVE ONLY and is not a comprehensive listing of all functions and tasks performed by incumbents of this clavaj DUTIES AND RESPONSIBILITIES: (which are not/nany hierarchical order) I� Receives training assignments from the Lead Operator. 2. Checks the condition ofthe water plant et the beginning ofthe assigned shift byreviewing logs and notes. 3. Assists or performs analysis of incoming water and outgoing water to ensure proper quality. 4. Make adjustments necessary to maintain quality as directed. 5. Checks levels of sludge thickener to ensure consistent feed of sludge waste polymer. 8. Checks the depth of sludge in the basins to ensure proper levels are maintained. 7. Performs regular tests for leaks of chlorine and other dangerous chemicals. 8. Backwashes filters to ensure proper filtration by removing trapped particulate. S. Observes, trains, and assists in performing preventive and emergency maintenance on equipment. KNOWLEDGE, SKILLS AND ABILITIES: ° Knowledge cfthe principles and practices ofwater systems. ° Knowledge of the proper methods and techniques used in cleaning, repairing, and maintaining water systems equipment, ° Knowledge of the federal, state, and local rules, regulations, policies and procedures regarding the operation and administration ofwater systems. • Knowledge mfoccupational hazards and safety precautions. w Skill in operating water systems machinery in e safe and capable manner. ° Skill inusing hand and power tools, ^ Skill |nthe proper use ofhazardous chemicals. w Ability toobtain and maintain required certification as awehyr plant operator. � Ability tofollow oral and written instructions. � Ability 0zfollow safety practices and recognizes hazards. [TB 16-17'119 P � @Q� ��U Of 1256 PHYSICAL REQUIREMENTS AND WORK ENVIRONMENT:Work involves performing moderate work in all types of weather, There is occasional need to stand, stoop, walk, lift moderately heavy objects(up to 50 pounds)and perform other similar actions during the course of the workday. The City of West Palm Beach promotes a drug/alcohol free work environment through the use of mandatory pre-employment drug testing. MINIMUM QUALIFICATIONS: High school diploma from an institution recognized by the Florida Department of Education, or GED, and one (1) year related experience, or any equivalent combination of training and experience. Must possess State of Florida Water Treatment Plant Operator Class C certification. A valid Florida driver's license, required. 4. State of Florida Certified "A"Wastewater Treatment Operator(Wastewater Plant Operator 111) SUMMARY: Under limited supervision, performs a variety of duties to provide for the proper treatment of wastewater in accordance with federal, state, and local standards; and performs related duties as assigned. ESSENTIAL FUNCTIONS: (Essential functions, as defined under the Americans with Disabilities Act, may include the following tasks, knowledge, skills and other characteristics. This list is ILLUSTRATIVE ONLY and is not a comprehensive listing of all functions and tasks performed by incumbents of this class.) DUTIES AND RESPONSIBILITIES: (which are not in any hierarchical order) 1. Monitor and observe plant operating conditions, monitor plant SCADA system, record observations and data in shift log, and follow process control procedures for assigned areas. 2. Collect water, wastewater, and sludge samples from various plant locations, perform designated laboratory procedures, and calibrate laboratory equipment as required, 3. Adjust chemical feeds as necessary based on the results of sample analysis. 4. Monitor and adjust wastewater treatment equipment (e.g., pumps, mixers, blowers, etc,) to ensure proper functioning. 5. Monitor and adjust sludge dewatering process equipment, including belt filter presses, gravity belt thickeners, conveyer belt systems, and associated equipment, 6. Perform regular tests for leaks of chlorine and other dangerous chemicals to ensure safe and adequate levels. 7. Perform routine maintenance and cleaning of plant equipment. 8. Assist in the training activities of wastewater plant operators and trainees. KNOWLEDGE, SKILLS AND ABILITIES: • Knowledge of the principles and practices of wastewater treatment. • Knowledge of the proper methods and techniques used in cleaning, repairing, and maintaining wastewater treatment equipment. • Knowledge of the federal, state, and local rules, regulations, policies and procedures regarding the operation and administration of wastewater systems. • Knowledge of occupational hazards and safety precautions. • Skill in operating wastewater systems machinery. • Skill in the proper use of hazardous chemicals. • Skill in utilizing public relations techniques in responding to inquiries and complaints. • Ability to follow safety practices and recognizes hazards. • Ability to obtain and maintain required certification as a wastewater operator. • Ability to follow oral and written instructions. ITB 16-17-119 Page 841 of 1256 PHYSICAL REQUIREMENTS AND WORK ENVIRONMENT: Work involves long hours with exposure to loud noises, chemicals, toxic fumes, air and waterborne pathogens, and mechanical equipment during the inspection of facilities and equipment. There is a frequent need to stand, stoop, walk, sit, climb in high areas and on catwalks, lift (up to 50 pounds) and perform other similar actions during the course of the workday. The City of West Palm Beach promotes a drug/alcohol free work environment through the use of mandatory pre-employment drug testing. MINIMUM QUALIFICATIONS: High School Diploma orGED required, Associates Qogn*e preferred and five (5) years related experience, or any equivalent combination of training and experience. State of Florida Wastewater Operator license"4" is required. S. State of Florida Certified "B" Wastewater Treatment Operator(Wastewater Plant Operator 11) SUMMARY: Under limited supervision, performs a variety of duties to provide for the proper treatment of wastewater in accordance with federal, state, and local standards; and performs related duties as assigned. ESSENTIAL FUNCTIONS: (Essential functions, as defined under the Americans with Disabilities Act, may include the following teo&m, knowledge, skills and other characteristics. This list is ILLUSTRATIVE ONLY and is not a comprehensive listing of all functions and tasks performed by incumbents of this clnooj DUTIES AND RESPONSIBILITIES: (which are not/nany hierarchical order) i� Monitor and observe plant operating conditions, monitor plant GCAOAaymt*m. record observations and data in shift log, and follow process control procedures for assigned areas. 2. Collect water, waahewator, and sludge samples from various plant |Vnotimne, perform designated laboratory proueduree, and calibrate laboratory equipment an required. 3, Adjust chemical feeds as necessary based on the results of sample analysis. 4. Monitor and adjust wastewater treatment equipment (e.g., pumpe, mixern, blowers, etc.) to ensure proper functioning. 5. K8omihnr and adjust sludge dewatering process equipmont, including belt filter pnamseu, gravity belt thickeners, conveyer belt systems, and associated equipment. 8� Perform regular tests for leaks of chlorine and other dangerous chemicals to ensure aofn and adequate levels. 7. Perform routine maintenance and cleaning nfplant equipment, 8. Assist in the training activities of wastewater plant operators and trainees. ABILITIES:KNOWLEDGE, SKILLS AND • Knowledge ofthe principles and practices cfwastewater treatment. • Knowledge of the proper methods and techniques used in u|eaming, nepoiring, and maintaining wastewater treatment equipment, w Knowledge ofthe federal, utaUa. and local ru|en, regulatiome, pmiio|em and procedures regarding the operation and administration ofwastewater systems. ° Knowledge ofoccupational hazards and safety precautions. • Skill in operating wastewater systems machinery. ^ Skill |nthe proper use ofhazardous chemicals. * Skill in utilizing public relations techniques in responding to inquiries and complaints. = Ability(ofollow safety practices and recognizes hazards, � Ability to obtain and maintain required certification as owastevvetor operator. w Ability tofollow oral and written instructions. PHYSICAL REQUIREMENTS AND WORK ENVIRONMENT: Work involves long hours with exposure to loud noises, chemicals, toxic fumes, air and waterborne pathogens, and mechanical equipment during the inspection offacilities and equipment. There iaafrequent need hzstand, stoop, walk, sit' climb in high areas and on catwalks, lift (up to 50 pounds) and perform other similar actions during the course of the workday. The City of West Palm Beach promotes a drug/alcohol free work environment through the use ofmandatory pre-employment drug testing. [TB 16-17-119 Page @Q� ��Z Of 1256 MINIMUM QUALIFICATIONS: High School Diploma orGED required, Associates Degree preferred and three (3) years related experience, mrany equivalent combination oftraining and experience. State of Florida Wastewater Operator license"B^ isrequired, 8. State ofFlorida Certified "C"Wastewater Treatment Operator(Wastewater Plant Operator|) SUMMARY: Under limited supervision, performs ovariety ofduties toprovide for the proper treatment ofwastewater im accordance with federal, state, and local standards; and performs related duties as assigned. ESSENTIAL FUNCTIONS: (Essential functions, as defined under the Americans with Disabilities Act, may include the following tasks, knovWeuge, uk0a and other characteristics, This list is ILLUSTRATIVE ONLY and is not o comprehensive listing of all functions and beuAn performed by incumbents of this class.) DUTIES AND RESPONSIBILITIES: (which are not/nany hierarchical order) 1. Monitor and mbeen/o plant oponadmQ conditiono, monitor p|antSCADA sysbenm, record observations and data in shift log, and follow process control procedures for assigned areas. 2, Collect wobar, waetevvater, and sludge samples from various plant locations, perform designated laboratory procedures, and calibrate laboratory equipment me required. 3. Adjust chemical feeds aanecessary based onthe results ofsample analysis. 4. Monitor and adjust wastewater treatment equipment (o.g., punupa, mixmru, blowers, eh:.) to ensure proper functioning. 5. Monitor and adjust sludge dewatering pnzuema equipment, including belt filter prenooa. gravity belt thickeners, conveyer belt systems, and associated equipment, 6. Perform regular tests for leaks of chlorine and other dangerous chemicals to ensure safe and adequate levels. 7. Perform routine maintenance and cleaning o/plant equipment. 8. Assist inthe training activities ofwastewater plant operators and trainees. KNOWLEDGE, SKILLS AND ABILITIES: ° Knowledge ofthe principles and practices ofwastewater treatment. * Knowledge of the proper methods and techniques used in o\eaning, repeidng, and maintaining wastewater treatment equipment. • Knowledge of the federeU, state, and local ru|ea, ragulatioma, policies and procedures regarding the operation and administration ofwastewater systems. • Knowledge Vfoccupational hazards and safety precautions. • Skill |noperating wastewater systems machinery. * SW|| in the proper use cf hazardous chemicals. ° 8N|| in utilizing public relations techniques|n responding to inquiries and complaints. ° Ability tofollow safety practices and recognizes hazards. w Ability toobtain and maintain required cer§fiootonana wastewater operator. � Ability hzfollow oral and written instructions. PHYSICAL REQUIREMENTS AND WORK ENVIRONMENT: Work involves long hours with exposure to loud noises, chemicals, toxic fumes, air and waterborne pathogens, and mechanical equipment during the inspection of facilities and equipment. There is o frequent meed to mtamd, stonp, vvo|k, sit, climb in high areas and on nmhwa|kn. ||ft (up to 50 pounds) and perform other similar actions during the course of the workday. The City of West palm Beach promotes e drug/alcohol free vvods environment through the use of mandatory pre-employment drug testing. MINIMUM QUALIFICATIONS: High school diploma or GED from on institution recognized by the Florida Department of Education, and one (1) year related experience, or any equivalent combination of training and experience. State of Florida Wastewater Operator license"C" is required. 4 valid State of Florida driver's license is required. A valid driver's license from another state (equivalent to the State of Florida Class E driver's license) may be utilized upon application with the ability to obtain the State cfFlohdadriver'sUcenmawithin30deyafrnmdehoofennp|oyment. ITB 16-17-119 11 Page 843 Of 1256 Engineering and Office Staff 7. Secretory SUMMARY: Under limited mopervioion, performs o variety of secretarial and clerical functions for one or more staff/management personnel following established procedures and practices; and performs related dudes as assigned. ESSENTIAL FUNCTIONS: (Essential functions, an defined under the Americans with Disabilities Act, may include the following tasks, knowledge, skills and other characteristics. This list is ILLUSTRATIVE ONLY and is not o comprehensive listing of a// functions and tasks performed by incumbents of this deuoj DUTIES AND RESPONSIBILITIES: (which are not/nany hierarchical order) 1. Greets the public; answers, screens, directs or refers incoming calls, mail and visitors. 2. Lugo, routes to appropriate authority orhandles citizen complaints. 3. Screens and schedules appointments. 4. Cmmpmnmn, types, tnannnribee, and edits a variety of correspondence, neports, mnemmramda, and other material from written draft ordictation. 5. May transcribe minutes and dictation requiring the understanding mfcomplex terminology, G. P|omn, schedules, composes agenda, attends and takes minutes of committee rnoetingy, hearings and conferences. 7. Prepares purchase orders; maintains inventories, and orders office supplies and materials. 8. Maintains,tracks, and processes invoices and budgetary expenditures. 0. Prepares and records liens and satisfactions. 10. Prepares budgetary information and spreadsheets. 11. Sets upand maintains manual and automated filing systems. 12. Processes a variety of human resources documents including hiring naquio|t|ono, appraisals, promotions, attendance records and payroll input forms. KNOWLEDGE, SKILLS AND ABILITIES: • Knowledge of the City's governmental organization, policies and procedures. ° Knowledge ofgeneral office procedures, methods and equipment. m Knowledge of public re|mk|one/oustomarsenioe pr|noip|eo, practices and techniques. ° Knowledge ofevariety ofcomputer software, including mmnd'prooesainQ, opmaadahoet, and presentation applications. ° Knowledge ofbasic accounting orbusiness practices and methods. • Skill intyping,word-processing and dictation. = Skill in operating a variety of office equipment, including personal computers, telephones, calculators, computer terminals, dictaphome, and typewriters. w SN|| in preparing and maintaining accurate reoordo, reports, and files. • Skill |nhandling and prioritizing multiple projects. • Skill in coordinating oeiendano, appointments, room assignments,etc. * Skill inunderstanding and following oral and written directions. * Skill in utilizing public relations techniques in responding toinquiries and complaints. � Ability to establish cooperative work relationships with those contacted in the course of work. PHYSICAL REQUIREMENTS AND WORK ENVIRONMENT: Work involves light work in an office setting. There is frequent need to stand, stoop, walk, sit, occasionally lift light objects (up to 25 pounds) and perform other similar actions during the course of the through the use of mandatory pre-employment and random drug testing for certain employees. ITB 16-17-110 Page @Q� �44 Of 1256 MINIMUM QUALIFICATIONS: High school diploma from an institution recognized by the Florida Department of Education, or GED, and three (3)years of clerical or office experience, or any equivalent combination of training and experience. A current and valid Florida driver's license and a State of Florida Notary Public may be required depending upon the area ofassignment, 8. Project Engineer SUMMARY: Under limited eupenvinion, pedbnnn professional engineering services; and performs related dudes as eaoignod. ESSENTIAL FUNCTIONS, (Essential functions, as defined under the Americans with Disabilities Act, may include the following tasks, knowledge, skills and other characteristics. This list is ILLUSTRATIVE ONLY and is not a oun?pnphens/vo listing of all functions and tasks performed by incumbents of this class.) DUTIES AND RESPONSIBILITIES: (which are not inany hierarchical order) 1. Performs professional engineering services for the design of various projects within the City to include paving, dm|nage, sanitary, street lighting, traffic systems, construction projeots, and capital improvement projects. 2. May supervise City staff or outside consultants providing the services of design nevievv, construction, and inspection ofprojects. 3. Meets with dnveiopers, representatives from other agencies, and City staff to resolve iauuaa related to the design and construction of projects to mnmuna projects meet the requirements of the City's standards and specifications. 4. Performs engineering studies and calculations related to assigned area of responsibility. 5. Manages and monitors contracts with outside consultants and contractors. Q. Reviews and approves construction plans, reports and studies. 7. Meets with, responds to, and resolves community and organizational questions mo|abyd to design of projects. & Authors and edits technical specifications, contract documents, and cost estimates. Performs analysis of costs for projects. Q. Reviews, approves and processes change orders for projects. 10. Prepares status reports ondesign projects. 11. Reviews and modifies contract documents including schedule cf bid items. Evaluates and approves contractor pay requests. 12. Visits construction sites toobserve progress and quality ofprojects under construction projects. 13. Drafts City Commission Agenda Items for management review and approval. KNOWLEDGE, SKILLS AND ABILITIES: w Knowledge of principles and techniques of supervision, budgeting and project management. ° Knowledge ofstandard engineering practices. ° Knowledge the principles ofmathematics. w Knowledge of surveying, mapping, cost estimating, construction design, and contract negotiation, ° Knowledge of city standards and specifications for design and construction projects. ° Skill in analyzing complex issues and developing and implementing an appropriate response. • Skill in interpreting engineering construction plans, specifications and contract documents. * Skill in responding appropriately to issues and concerns voiced by contractors and the community. • Skill in analyzing and evaluating information oouura#a|y. and in expressing ideas oloor|y' when providing oral orwritten reports and recommendations. ° Ski|| inaasign|ngamdmonitodngUheworkcfCitystaffemdmondoringoontrectors. m Skill in inspecting construction projects for compliance with specifications and codes. • Skill in using general office equipment such as computers, fax, copier, calculator and phone. ° Skill in interpreting and negotiating professional service and construction contracts. ITB 16-17-119 13 Page 845 Of 1256 PHYSICAL REQUIREMENTS AND WORK ENVIRONMENT: Work involves sedentary to light work |ncm office setting. There is frequent need to eit, talk or heer, stand, walk, use hands to finger, handle or feel, reach with hands and amna and |Ut light items (up to 10 pounds). There is occasional need to perform work outdoors with exposure to weather when performing on-site inspections of projects. There is occasional need to climb or balance, stoop, kneel, craw|, or crouch and perform other similar actions during the course of the workday. The City cfWest Palm Beach promotes o drmg/a|ooho1-free mmda environment through the use mfmandatory pre-employment drug testing. MINIMUM QUALIFICATIONS: Bachelor's degree from an accredited college or university with a major in Civil Engineering or related field and Engineer in Training Certificate from the State of Florida, or any equivalent combination oftraining and experience.Avalid Florida driver's license. Q. Customer Service Representative SLIMMARY* Under limited oupenim|om, this position provides constant customer support for all mnp*ote of utility accounts; activo1am, updatea, and closes accounts; maintains paperwork and mainframe database for customer accounts records; heavy interaction with internal and external customers which requires underatamdimg, influencing and cooperation from the work group and the chain of command. Impact within City's utilities aomioeareo� may perform other duties ns assigned. ESSENTIAL FUNCTIONS: (Essential/bnobhno' as defined under the American with Disabilities Act, may include the following tasks, knowledge skills, and other characteristics. This list is ILLUSTRATIVE ONLY and is not a comprehensive listing of all functions and tasks performed by incumbents of the class.) DUTIES AND RESPONSIBILITIES: (which are not/nany hierarchical order) 1. Heavy interaction with internal and external customers via telephone and in person to open and close customer utility accounts; using some judgment according to approved procedures to calculate depauiko, charges and oredita� prepares customer app|ioatiom, certificates of deposit, official receipts and other paperwork required for computer input to maintain mainframe database to assure accurate customer account billing. 2. Researches and resolves concerns with billing questions, delinquent collections, doposite, returned checks, inspections and muinhynenow| uses judgment in issuing work orders for inapectiona, according to understanding from customer on account issues. Customer impact extends beyond the city limits. 3. Heavy interaction with city wide internal and external customers via telephone and in person regarding updates and maintenance ofmainframe computer data and hand copy files, work orders, logs, and reports associated with various customer service business transitions. 4� Dispatches assignments to outside personnel via two-way radio. 5� BenerabeV, completes and maintains historical information for appropriate customer service records retention. 0. Tracks and mumltora, via computer and reports work oamigmmoanta within the department to emmupa completion ofsame. KNOWLEDGE SKILLS AND ABILITIES: ° Knowledge and skills inusing effective customer service practices. • Knowledge ofbookkeeping orbasic accounting methods. ° Knowledge mfpayment processing and receipt processing procedures. w Skill in using computer and specialized software applications for customer accounts, m Skill inusing common office machinery and equipment. ° Skill inusing mathematical computations used inaccounting. ° Skill inboth verbal and written communications. • Skill |nfollowing written and oral instructions. • Ability to establish and maintain effective working relationships with internal and external customers, inside and outside the work group. ITB 16-17-119 Page @Q� �4� Of 1256 PHYSICAL REQUIREMENTS AND WORK ENVIRONMENT:Work involves sedentary to light work in an office setting. There is frequent need to stand, stoop, walk, sit, lift light objects (up to 10 pounds) and perform other similar actions during the course of the workday. The city of West Palm Beach promotes a drug/free work environment through the use of mandatory pre-employment drug testing. MINIMUM QUALIFCATIONS: High School diploma or GED and 2 years customer service experience in a related field, or any equivalent combination of training and experience. 10. Customer Relations Specialist SUMMARY: Under limited supervision, provides positive customer relations by assisting in difficult customer situations with regards to citizen's concerns and requests; monitors computer and radio systems to ensure public utilities functions are working properly; interacts with customers to rectify complaints; dispatches work crews to undertake necessary repairs or services; documents task accomplishments and prepares reports on system and repair activities; manages telephone inquiries from all City Departments, with the exception of fire and police, after normal duty hours,; may perform related duties as assigned. ESSENTIAL FUNCTIONS: (Essential functions, as defined under the Americans with Disabilities Act, may include the following tasks, knowledge, skills and other characteristics. This list is ILLUSTRATIVE ONLY and is not a comprehensive listing of all functions and tasks performed by incumbents of this class.) DUTIES AND RESPONSIBILITIES: (which are not in any hierarchical order) 1. Answers telephones, asks relevant questions and directs phone calls to other departments or agencies or inputs issues in the City's 311 Action System. 2. Monitors and logs all communications, enters information on forms and computer equipment, and prepares reports as needed. Keeps tracking log of all requests for information and services, 3. Researches and responds to citizens requests for information and services. Processes and sends out follow up cards to customers and follows up daily with citizens and department heads. 4. Using radio and telephone equipment, dispatches public works field personnel, including emergency repair crews as requested by public works supervisors, the public or other City of West Palm Beach departments. 5. Monitors computer telemetry systems, security systems, nature center's security system, and alerts response personnel to alarms. 6. Facilitates response to emergency and critical matters as reported. 7. Responds to after-hours customer service inquires and coordinates service response with appropriate division and interacts with City's customer information system. 8. Assigns all types of work orders to field personnel, and provides assistance in locating underground utilities on systems maps. 9. Monitors weather and advises crews of storms or other weather conditions using weather tracking system. 10. Maintains knowledge of health department regulations pertaining to sewage spills for boil water notification. 11. Attends job related training courses to improve and/or enhance job performance, including training to effectively handle after-hours customer service functions. 12. Observes standard operating procedures and safety practices. 13. Performs related duties as assigned. KNOWLEDGE, SKILLS AND ABILITIES: Ability to handle special projects of diverse nature as assigned. • Ability to interface effectively with the general public to solve customer concerns. • Ability to organize work and to determine priorities. Ability to problem solve and make decisions. Ability to communicate effectively orally and in writing. Ability to demonstrate good listening skills. Ability to establish and maintain effective working relationships with supervisors, peers, employees, and members of the general public. ITB 16-17-119 15 Page 847 of 1256 • Ability to learn monitoring communications,telemetry and weather equipment. • Ability to learn the use of two way radio operations, radio ten signals and various telecommunication devices. • Ability to learn utilities operations and computer related software. • Ability to work effectively under stressful situations. • Ability to work independently or in a team atmosphere. • Ability to work nigh/day shifts and during emergency situations. • Skills in customer service, human relations and communications. • Skills in recording information accurately. • Skills in the basic capabilities and functions of data input application software. • Skills in using general office equipment such as telephone, fax, duplicating machines, copiers and computers. • Skills in record keeping. PHYSICAL REQUIREMENTS AND WORK ENVIRONMENT: Work involves detailed concentration for long periods of time in a modified office environment. There is a frequent need to sit, talk or hear, use hands to finger or type, close and color vision required during the course of the workday. There may be occasional need for light lifting. The City of West Palm Beach promotes a drug/alcohol free work environment through the use of mandatory pre-employment drug testing. This position may also require the use of City vehicles on City business. Individuals must be physically capable of operating the vehicles safely and have an: acceptable driving record. MINIMUM QUALIFICATIONS: High School diploma, or GED and two (2) years telecommunications customer service experience, customer relations experience, or related field, or any equivalent combination of training and experience. Experience in utilities customer service, preferred. Ability to type at least 25 wpm.A valid Florida driver's license is required. Skilled Staff 11. Maintenance Mechanic SUMMARY: Under close supervision, performs duties associated with repairing and maintaining wastewater collection and water distribution systems, City park amenities or City athletic fields, performs duties associated with the installation, troubleshooting and maintenance of irrigation equipment, systems and small pumps; and performs related duties as assigned.This position may lead a small crew of workers. ESSENTIAL FUNCTIONS: (Essential functions, as defined under the Americans with Disabilities Act, may include the following tasks, knowledge, skills and other characteristics). This list is ILLUSTRATIVE ONLY and is not a comprehensive listing of a// functions and tasks performed by incumbents of this class.) DUTIES AND RESPONSIBILITIES: (which are not in any hierarchical order and may vary based on assignment) 1. Determines type and quantities of materials required to perform and complete job assignments and arranges for timely delivery to job sites. 1 Inspects parks grounds, athletic fields, and buildings to determine need for repairs or preventative maintenance. 3. Inspects playground equipment to determine compliance with ADA (Americans with Disabilities Act) and OSHA (Occupational Safety and Health Association) Standards and other safety codes, Repairs equipment, as required. 4. Performs minor repairs to parks buildings such as painting, caulking, repairing drywall, installing drop ceilings and rewiring lighting fixtures. Paints and repairs park entry signs. 5. Locates, excavates and repairs or replaces damaged or malfunctioning equipment. 6. Repairs and maintains water distribution and wastewater collection systems. 7. Repairs and replaces valves, fire hydrants, water service lines, sewer lines, manholes, air release valves and structures. ITB 16-17-119 Page A of 1256 8. Participates in water distribution and metering system repair and installation of mains, pipmUnes, mnetera, hydnauts, valves, curb stops and related system components. 9. Prepares road and applies asphalt when construction is complete. Bets road base to proper compacting and sets asphalt. 10. Repairs sidewalks and driveways and finishes concrete osrequired, 11, Maintains ponds and lake fountains ioinclude removing debris. 12. Maintains athletic fields (grass and clay) to include lining, mowimg, fartii|zinQ, watering, packing mounds and repairing sod. 13. Operates a pressure washer 10 maintain sidewalks and concrete apauu. 14. Operates trucks and construction and maintenance equipment as necessary to complete work projects; ohouka equipment for proper oarviuing, operation and safety and reports defects to oupen/imor� maintains inventory oftools and equipment. 15. Installs street barricades and cones prior to the performance of construction and repair activities; direct and control traffic around work sites. 16. Maintain records related to particular area of assignment; may input and reou|| information into o computer terminal. 17. Delivers and sets upequipment for special events. 18. Uses acetylene torches, welding equipment, electrical and gas powered hand too|u, manual hand tools, and pressure washer|nthe performance ofduties. 19. Responds to questions from the public regarding field or parks condition and status of repairs. 20. Observes standard operating procedures and safety practices. KNOWLEDGE, SKILLS AND ABILITIES: ° Knowledge of operational characteristics of fire hydrants, valves and water meters. • Knowledge of tools and mechanical equipment used in maintenance and repair work. ° Knowledge of Federal, State and local laws, and standards governing area of responsibility. w Knowledge ofsafe shoring and trenching practices, ° Skill in using and operating hand tools, mechanical equipment, and power \mo|m and equipment required howork inasafe and efficient manner. • Skill in operating bobcats and five-gang mower when assigned to grounds work. = Skill in performing basic omrpentry, electrical and welding duties when assigned to parks maintenance. w Skill imreading engineering drawings nrblueprints. ° Skill inidentifying unsafe conditions and taking corrective action. w Skill in troubleshooting and assessing problems and determining most effective methodofnepeir. * Skill in communicating effectively with others. • 8kU| in dealing effectively with the general public. w Ability to establish and maintain effective working relationships with those contacted in the course of work. PHYSICAL REQUIREMENTS AND WORK ENVIRONMENT: Work involves considerable physical activity in an outdoor setting. There is frequent need to walk, stend, reach with hands and armm, use the hands to finger, handle or feel, a&uup, kmee|, crouch or oraw|, climb or balance and lift heavy objects (up to 50 pounds) and perform other similar actions during the course of the workday, Work involves occasional need to sit, talk or hear, taste or smell. The City of West Palm Beach promotes a drug/alcohol- freeworkenvironmen{(hroughfheuseofmondatorypre-emp|oymentdrugkasXing. MINIMUM QUALIFICATIONS: High School diploma or GED and two (2) years experience inthe repair and maintenance of water distribution ayotermm, wastewater collection systems, pumping systems, irrigation ayatemo, facilities maintenanoe, or any equivalent combination of training and experience. Valid Class ''D~ Florida driver's |ioemne, and a Commercial Driver's Doenee, Class B may be required depending upon area ufassignment. ITB 16-17-119 17 Page 849 Of 1256 12. Utilities Electrician SUMMARY: Under limited nupan/im|on. maintains the electrical and instrumentation systems at the water and wastewater treatment plants and lift stations; and performs related duties esassigned. ESSENTIAL FUNCTIONS: (Essential functions, as defined under the Americans with Disabilities Act, may include the /b&xming tasks, knowledge, skills and other characteristics. This list is ILLUSTRATIVE ONLY and /s not a comprehensive listing of all functions and tasks performed by incumbents of this class.) DUTIES AND RESPONSIBILITIES: (which are not inany hierarchical onder) 1. Provides maintenance and required repairs on e|oothoa| oynh*ma in water and wastewater treatment plants and lift stations including 4160 volt switch gear, radio controlled and computerized motor controls and programmable controllers and other related electrical equipment. 2. Orders replacement parts and equipment. 3. Performs record keeping and maintains files on work performed and schedule for maintenance or repair. 4. May assist in the installation of electrical comduit, wire oyatemm, motor components and related electrical devices. 5, Observes standard operating procedures and safety practices. G. Responds to emergency Galls for service on a call-out basis and works outside normal working hours as needed. KNOWLEDGE, SKILLS AND ABILITIES: * Knowledge of electrical circuits. • Knowledge of wastewater collection and operation' wastewater and utilities facilitates construction and mo|nhemanoa, and related rules, regulations, ordinances and laws. * Knowledge ofproper use oftools and safety practices, • Knowledge ofCity policies and procedures, * Knowledge ofmachinery, pumps and motors, ° Knowledge ofoccupational hazards and necessary safety precautions applicable to maintenance and repair ofelectrical equipment and circuitry, * Skill in responding quickly to critical situations, and carry out work assignments as instructed. ° Skill imreading and interpreting schematics and blueprints. ^ Ability to install, troub|*ahoot, repair and operate electronic and electrical equipment and related cirnu|try, oomnputmra, and other related equipment. w Ability to communicate effectively orally and in writing and to effectively operate two way radio. • Ability to establish and maintain cooperative work relationships With those contacted in the course of work. PHYSICAL REQUIREMENTS AND WORK ENVIRONMENT: VVodx involves standing, wa|NmQ long distenooa, stooping, kneo|ing, orouuh[ng, or crawling, and reaching with hands and arms, The employee may also berequired to sit, climb orbalance, gnanp, push and pull. The employee is exposed to outside elements, and must be able to work below ground |aweiu, dimnb, and run. Work requires light to heavy lifting. The City of West Palm Beach promotes m drug/alcohol free work environment through the use of mandatory pre-employment drug testing. This position will also require the use of City vehicles on City business. Individuals must be physically capable of operating the vehicles safely and have on acceptable driving reoord. MINIMUM QUALIFICATIONS: High school diploma from on institution recognized by the Florida Department of Education, or GED, and four (4) years experience as an industrial o|ectrioian, or any equivalent combination of training and experience. A Journeyman Electricians' license or higher level and mve|id Florida driver's license are required. ITB 16-17-119 Page @Q� �5O Of 1256 13. Utilities Controls Technician SUMMARY: Under limited mupom/iaiom, repoim, installs, and provides preventive maintenance service ofelectronic instruments and automation systems including pneumatic and hydraulic systems; utilities and is familiar with the computerized maintenance system; may hoed o team of technicians to provide oemiowu throughout the Utilities 0opartmomt, coordinates jobs and tasks of personnel; and pedbmne related duties as assigned. ESSENTIAL FUNCTIONS: (Essential functions, as defined under the Americans with Disabilities Act, may include the following tasks, knowledge, skills and other characteristics. This list is ILLUSTRATIVE ONLY and /s not e comprehensive listing of all functions and tasks performed by incumbents of this dauoj DUTIES AND RESPONSIBILITIES: (which are not/nany hierarchical order) 1� P|ans, assigns, and coordinates imste||u1imn, mointenenoe, oe8brobon, basting and repair work on the electronic instrumentation, hydraulic and pnoummodo, and automation systems of the treatment plants and lift stations. 2. Provides meaistennm to inmtaN, start-up, modify, and maintain computer hardware and software in the utilities department. 3. Creates upcoming work orders vie the computer system, and tracks and updates status of work orders, and generates required reports, 4� Evaluates proposals, drawings and specifications for instrumentation and telemetry modifications. 5. Repairs telemetry and automation systems by troubleshooting, identifying and procuring necessary replacement parts and/or upgrades eoappropriate. G. Attends Division meetings to plan and schedule work and to exchange information on work status. 7. Trains and requires employees to observe safe working practices,and ensures availability of required safety equipment. & Provides training for employees on the job and determines outside training courses for them. Q. Attends job related training to improve job knowledge and/or enhance job performance, 10. Documents changes made to electrical and instrumentation progroms, schematic druwinga, and operations and maintenance manuals. 11. Assists electrical team to install, maintain, test, and repair plant electrical systems. KNOWLEDGE, SKILLS AND ABILITIES: w Must be knowledgeable of occupational hazards and safety precautions found in maintenance and repair work. • Knowledge of the theory, practice, materials, tools, and equipment used in the field of instrumentation and control. w Must have knowledge of the principles of phyoiuo, pneumatics hydraulics,, magnedcu, s|ecthnmi and electronics and related control systems. • Knowledge of computer hardware and aoftware, including microcomputer disk operating syehame. spreadsheet, data base management systems and other applications. � Knowledge ofwater and wastewater plant operations. � Knowledge of the troubleshooting techniques in the instrumentation control field. ° Skill inrecognizing and solve problems ofacomplex nature. m Gk||| in supervising technical personnel; ability to plan and schedule work and preventative maintenance. � Skills incomputer operations and record keeping. � Ability to understand electrical and o|eoinznio dooiQnm, and repair circuit boenda, and troubleshoot circuits and hause oscilloscopes and other test equipment. ° Ability toconduct component level troubleshooting. ° Ability tocommunicate effectively orally and in writing. m Ability toestablish and maintain effective working relationships with supervisors and team members. ITB 16-17-119 19 Page 851 Of 1256 PHYSICAL REQUIREMENTS AND WORK ENVIRONMENT: Work involves standing, vvoWng long diatmnoea, stooping, kneelinQ, crouching, or crawling, and reaching with hands and arms. The employee may also be required to sit, climb orbalance, gnyap, push and pull. The employee is exposed to outside elements, and must be able to work below ground lave|e, n@mb, and nun. Work requires light to heavy lifting. The {}My of West Palm Beach promotes a dmg/a8coho[ free work environment through the use of mandatory pre-employment drug testing. This position will also require the use of City vehicles on City business. Individuals must be physically capable of operating the vehicles safely and have an acceptable driving history. MINIMUM QUALIFICATIONS: High school diploma orGED from an educational institution recognized by the State of Florida Department of Education and three (3) years na|ehad experience preferably in industrial instrumentation and uonbm|a expahenue, or any equivalent combination of training and experience. A valid Florida driver's license is required. Formal bodo school or military training with emphasis in mathematics and physics is highly desirable. Associates degree from on accredited college with specialized training in electrical, electronics, or instrumentation technology is highly desirable. ISA Certification imhighly desirable. 14. Laboratory Technician ) SUMMARY: Under close supervision parfunna routine ma||eution, sampUmg, and analysis of water from water plant, distribution system and catchment area for City water quality-, and performs relateddut|eaasasm|gned. ESSENTIAL FUNCTIONS: (Essential functions, as defined under the Americans with Disabilities Act, may include the following tasks, knowledge skills, and other characteristics. This list /o ILLUSTRATIVE ONLY, and is not a comprehensive listing of all functions and tasks performed by incumbents of this class.) DUTIES AND RESPONSIBILITIES: (Which are not/nany hierarchical order) 1. Assists in collection of water samples and data to keep plant operations informed and process controls. 2. Performs analytical testing ofchemicals and water quality toobtain data necessary inmaking process control adjustments. 3. Collects and analyzes water samples from catchment, residential or business location sites. 4. OisinfeGtanurfaoee and performs bacteriological tests ofsamples collected daily. 5. Prepares distilled water, brut (cu|turoa), autoclaves equipment, and sterilizes equipment. 6. Collects annual copper and lead samples, 7. Prepares data for Quality Assurance. 8. Prepares reagents, inventories and stocks chemicals and laboratory supplies. 0. Attends meetings and training classes. KNOWLEDGE, SKILLS AND ABILITIES, ° Knowledge of basic microbiology and chemistry methods, practices and procedures. * Knowledge oflaboratory equipment, methods, measurements, and practices. » Knowledge ofhealth and safety regulations and procedures. • Knowledge of mixing chemicals. � Skill |nutilizing health and safety precautions inthe collection and analysis cfwater samples, p Skill in safely performing laboratory testing, conversions,titration' chemical ono|ysis, and pH ranges. = Skill |naccurately performing and recording basic math calculations and data. " Ability to establish and maintain effective working relationships with those contacted in the course of work. ITB 16-17'119 Page @Q� ��� Of 1256 PHYSICAL REQUIREMENTS AND WORK ENVIRONMENT: Work involves long hours with exposure tu loud noises, chemicals,toxic fumes, air and waterborne pathogens, andmoohanicm|oquipmonidudnB0he collection and analysis of water samples and mixing of chamn|ua|u. with the ability to detect water quality problems, There |ufrequent need to stand, stoop, walk, eit, climb in high areas, lift moderately heavy objects (up to 50 pounds) and perform other similar actions during the course of the workday. The City of West Palm Beach promotes a drug/alcohol free work environment through the use of mandatory pre- employment drug re'emp|oymentdru8 tenting. MINIMUM QUALIFICATIONS: Associate's Degree from aoaccredited college with amajor imChemistry, Microbiology, or Wastewater Management and one (1) year related experience collecting and analyzing water samples, orany equivalent combination of training and experience. AvaQd Florida driver's license is required, 15. Laboratory Technician U SUmMMARY:. Under close supervision performs routine oo||eotion, samp|inQ, and mmmlyein nfwater from vvutnr p|ent, distribution system and catchment areeforCitywaberqueiity; amdperfonnonefateddutiosos assigned. ESSENTIAL FUNCTIONS: (Essential functions, no defined under the Americans with Disabilities Act, may include the following tasks, knowledge skills, and other characteristics. This list i; ILLUSTRATIVE ONLY, and is not a comprehensive listing of all functions and tasks performed by incumbents of this class.) DUTIES AND RESPONSIBILITIES: (Which are not/nany hierarchical order) 1. Plan and participate in routine sample collection. Plan and perform skilled.analysis of water samples according toestablished testing, reporting, and QAQCprocedures. 1 Perform quantitative and qualitative laboratory ena|yeoo of water and biono|idn for chemical and microbiological contaminants according to protocols accepted by EPA and Standard Methods. Typical analyses may include: Level 1 analyses AND: atomic absorption, sulfate, chlorine demand, oil and grease, nitrate, nitrite, ammonia, phosphate,fluoride, TKN,TP, process control topics, microbiological testing, and TOC. ' 3. Perform strict QAOO procedure including calibration of inotnumemta, emo|ydnQ standards, keeping logs, creating graphs, and performing statistical analysis ofdata, 4. Operate and perform more advanced maintenance on laboratory instruments and sampling equipment. Capable of trouble- shooting problems and perform minor repairs as needed. Ability to know when to call outside repair technicians and offer suggestions for most cost effective repair options. 5. Record, oo|ou|at*, and compile data utilizing computerized software including spreadsheet and word processing software. Develop LIMS templates and extract data from LIMS for various reports. Identify trends and make recommendations for process improvement. Q. Coordinate with all Technicians to guide and facilitate the smooth operation of the lab. Track supplies and proactively report purchasing needs. 7. Work with a variety of hazardous materials including dhnmina|o, so|manbo, and biohazards using appropriate safety precautions. Conduct safety surveys. 8. Perform other job functions eaassigned. KNOWLEDGE, SKILLS AND ABILITIES: • Knowledge of basic microbiology and chemistry methods, practices and procedures. ° Knowledge of laboratory equipment, methods, measurements, and practices. • Knowledge ofhealth and safety regulations and procedures. m Knowledge ofmixing chemicals. » Skill in utilizing health and safety precautions in the collection and analysis of water samples, * 8h||| in safely performing laboratory testing, nonw*minno, titration, chemical mno|yein, and pH ranges. � Skill in accurately performing and recording basic math calculations and data. ° Ability to establish and maintain effective working relationships with those contacted in the course of work. |T818-17'11A Page @Q� ��J Of 1256 PHYSICAL REQUIREMENTS AND WORK ENVIRONMENT: Work involves long hours with exposure to loud noises, chemicals, toxic fumes, air and waterborne pathogens, and mechanical equipment during the collection and analysis of water samples and mixing of chemicals, with the ability to detect water quality problems. There is frequent need to stand, s(oop, wa|h, sit, climb in high areas, lift moderately heavy objects (up bo5Qpounds) and perform other similar actions during the course ofthe workday. The City of West Palm Beach promotes o drug/alcohol free work environment through the use nfmandatory pre- employment drug testing. MINIMUM QUALIFICATIONS: Associate's Degree from an aoomodihsd college with a major in Chemiatry, Microbiology, or VVambawabar Management and three (3) years related experience collecting and analyzing water samples, or any equivalent combination of training and experience. A valid Florida driver's license is required. ALTERNATE REQUIREMENTS: Bachelor's degree inbiology, chemistry, environmental science ora closely related field and two(2) years ofexperience aaa Level 1 Technician. 18. Laboratory Technician III Under close supervision performs routine co||eotion, senmp|ing, and onm\yaia of water from vvabar p|smt, distribution system and catchment area for City water quality; and performs related duties as assigned. ESSENTIAL FUNCTIONS: (Essential functions, as defined underthe Americans with Disabilities Act, may include the following tasks, knowledge skills, and other characteristics. This list 6n ILLUSTRATIVE ONLY, and is not m comprehensive listing of all functions and tasks performed by incumbents of this class.) DUTIES AND RESPONSIBILITIES: (Which are not/nany hierarchical order) 1. 8ohedo|o, p|um and execute routine and complex sample noUeotoma. Plan and perform skilled analysis of water samples according to established testing, reporting, and QAQC procedures. 2. Perform quantitative and qualitative laboratory analyses of water and bioso|ida for chemical and microbiological contaminants according to protocols accepted byEPA and Standard Methods. Typical analyses may include: Level I and 2 analyses AND: ion chromatography, )CP, apeotrophotornetry, surfactants, gas-liquid chromatography, toxicity tests, and jar testing. Ability to extrapolate jar testing results toprocess improvement. Ability to trouble-shoot microbiological mnu|yoom and interpret results. 3. Perform athotOAOC procedure including calibration of instruments, analyzing standards, keeping logs, creating graphs, and performing statistical analysis ofdata. 4. Operate and perform more advanced maintenance on laboratory instruments and sampling equipment. Moderate trouble- shooting ability with the ability to perform moderately complex repairs and process changes as needed. Ability to know when to call outside repair technicians and offer suggestions for most cost effective repair options. 5. RVcVrd, oo|ou|ete, and compile data utilizing computerized software including spreadsheet and vvund processing software. Develop L|MS templates and extract data from LlK48for various reports. Identify trends and make recommendations for process improvement. Conduct backlog reviews and prioritize data input and review. 8. Coordinate with all Technicians tmguide and facilitate the smooth operation of the lab. Track supplies and proactively report purchasing needs. Suggest equipment specifications for major equipment and supplies needed. 7. Work with s variety of hazardous materials including uhamioa|s, solvents, and biohazards using appropriate safety precautions. Conduct safety surveys. Guide and educate staff on safety matters and topics. 8. Perform other job functions eaassigned. m Knowledge ofbasic microbiology and chemistry methods, practices and procedures. w Knowledge of laboratory equipment, methods, measurements, and practices. ^ Knowledge ufhealth and safety regulations and procedures. ° Knowledge ofmixing chemicals. ITB 16-17-119 Page ��+ Of 1256 ° Skill in utilizing health and safety precautions in the collection and analysis of water samples. ° Skill in safely performing laboratory testing, conversions,titration, chemical analysis, and pH ranges. * Skill in accurately performing and recording basic math calculations and data. ° Ability to establish and maintain effective working relationships with those contacted in the course of work. PHYSICAL REQUIREMENTS AND WORK ENVIRONMENT: Work involves long hours with exposure ho loud noises, chemicals, toxic fumes, air and waterborne pathogens, and mechanical equipment during the collection and analysis of water samples and mixing of chemicals, with the ability to detect water quality problems. There is frequent need to stamd, stoop, wolk, sit, climb in high apaua. lift moderately heavy objects (up &o5Opounds) and perform other s[mi|areoionmduhnQthmomureenftheworkday. ThoCityof West Palm Beach promotes e drug/alcohol free work environment through the use cfmandatory pre- employment drug testing. MINIMUM QUALIFICATIONS: Associate's degree from an accredited college with amajor in Chemnietry. Microbiology, Environmental Sciences, or Wastewater Management and five(5)years related experience collecting and analyzing water samples, or any equivalent combination of training and experience. A valid Florida driver's license is required. 17. Heavy Equipment Operator SUMMARY: Under limited supervision, operates e wide variety of heavy equipment (depending on the area of assignment) to repair and maintain cana|a, roadways or right-of-woyo, water distribution, wastewater collection or stormwater lines, transport wastewater sludge; and performs related duties as assigned, ESSENTIAL FUNCTIONS: (Essential functions, as defined under the Americans with Disabilities Act, may include the following tasm. knowledge, skills and other characteristics. This list is ILLUSTRATIVE ONLY and is not a connpnyhmnoke listing of all functions and &yaka performed by incumbents of this class.) DUTIES AND RESPONSIBILITIES: (which are not/nany hierarchical order) 1. Loads equipment ontransport. 2. Drives truck todeliver equipment tojob site. 3. Unloads equipment atjob site. 4� Operates heavy equipment (e.g.' front-end |oader, tractor tns||er, bulldozer, backhoe, flat-bed or tanker truck)1osupport avariety cfconstruction and maintenance projects. 5. Grades canal banks. 0. Operates tiger and ouagmowers tomaintain canal banks. 7. Per-forms nrschedules preventive maintenance onassigned equipment. 8. Performs mahuuu construction end/or maintenance tasks (e.g. hauling trash and dmbho, repairing asphalt, building catch basin, mowing canal banks, repairing sidewalks) KNOWLEDGE, SKILLS AND ABILITIES: • Knowledge of operation of a variety of heavy and medium equipment and vehicles. ° Knowledge ofcommon hand and power tools. • Knowledge of machinery, equipment and tools necessary for the maintenance of public areas. w Knowledge ofoccupational hazards and safety precautions. * Knowledge ofbasic preventive maintenance onassigned equipment. m Skill infollowing oral and written instructions. � Skill inoperating and working around moving equipment. � Skill incommunicating effectively, orally and inwriting. ° Ability tofollow safety practices and recognizing hazards. ° Ability to establish cooperative work relationships with those contacted in the course of work. ITB 16-17-119 23 Page 855 Of 1256 PHYSICAL REQUIREMENTS AND WORK ENVIRONMENT:Work involves moderate hoheavy work im all types ofweather. There iofrequent need tostand, stoop, walk, lift heavy objects(up to5Opounds) and perform other similar actions during the course of the workday. The City of West Palm Beach promotes a drug/alcohol free work environment through the use of mandatory pre-employment drug testing. MINIMUM QUALIFICATIONS: Eighth grade education and three(3)years of experience relevant 1othe aee|gnment, or any nqu|va\mm1 combination of training and experience. Possession of e Commercial driver's license or certifications specific to the assignment may be required. 18. Maintenance Worker SUMMARY: Under close supervision, maintains the City parks and recreational areas, City buildings and facilities; maintains and repairs park amenities such as fences, tables or playground equipment; and performs related duties nsassigned. ESSENTIAL FUNCTIONS: (Essential functions, as defined under the Americans with Disabilities Act, may include the following teaks, knowledge, skills and other characteristics. This list is ILLUSTRATIVE ONLY and is not a comprehensive listing of all functions and tasks performed by incumbents of this class.) DUTIES AND RESPONSIBILITIES: (which are not/nany hierarchical order) 1� Picks up trash, debris and tree limbs from public parks and recreational areas and otherCityfeoi|itioa. 2. Maintains and repairs City faoiUities, perk amenities, for examp|e, fenmsn, tables, playground equipment ordrinking fountains annecessary. 3. Cleans, mops and sanitizes public naotnooma; cleans, sanitizes and deodorizes naatrooms. 4. Sweeps and vacuums carpeting and floors using manual and power equipment. 5� yWopo, scrubs, mmxes, shompoon, and spot cleans carpeting and floors. G, Empties waste cans and ashtrays. 7� Cleans woodwork,walls, and windows using common household equipment and cleaning products. 8. Sets upand breaks down for meetings and special events. Q. Sweeps sidewalks and entryways. 10� Cleans and dusts offices. 11. Performs minor maintenance work such as changing light bulbs, repair fixtures, and furniture, 11 Keeps equipment and supplies imorder and requests more when needed. 13. Maintains exterior offacility clean including trash pickup. 14. Maintains recreation equipment, such mnbasketball nets, oourta. ehc., amnmquired. KNOWLEDGE, SKILLS AND ABILITIES: ° Knowledge of machinery, equipment and tools necessary for the maintenance of public areas, • Knowledge nfcustodial practices and procedures. w Knowledge ofoccupational hazards and safety precautions. ° Skill inperforming heavy manual labor inonoutdoor environment, • Skill in following oral and written instructions. * Skill inusing hand and power tools, m Ability to establish cooperative working relationships with those contacted in the course of work. PHYSICALREQUIREMENTS AND WORK ENVIRONMENT: Work involves moderate to heavy work n all types cf weather. There is frequent need to stand, stoop, walk, lift heavy objects(up to 50 pounds) and perform other similar actions during the course of the workday. The City of West Palm Beach promotes a drug/alcohol free work environment through the use of mandatory pre-employment drug testing. MINIMUM QUALIFICATIONS: Eighth grade oduomdom and six (G) months of ground maintenance experience raquirad, or any equivalent combination of training and experience. May require a valid Florida driver's license. ITB 16-17-119 Page @Q� ��� Of 1256 19. Meter Service Technician I SUMMARY: Under close super-vision, performs a variety of routine manual labor regarding water distribution activities, including but not limited to, reading meters manually and via Automated Meter Reading (AMR) performing uploads and down loads of handheld device, meter service inspections to determine and perform maintenance requirements. Clean and grade meter boxes, replace lids, test and repair meters, generate and complete work orders manually and/or with the assistance of a computerized hand held device, perform manual labor and all other related duties as assigned. ESSENTIAL FUNCTIONS: (Essential functions, as defined under the Americans with Disabilities Act, may include the following tasks, knowledge skills, and other characteristics. This list is ILLUSTRATIVE ONLY, and is not a comprehensive listing of all functions and tasks performed by incumbents of this class.) DUTIES AND RESPONSIBILITIES. (Which are not in any hierarchical order) 1. Reads and records meter reading for assigned routes manually/via AMR; maintains accurate readings, 2. Performs maintenance at meter service area (cleans & grades meter boxes, replace lids, etc.); maintains & clears meter service area of obstructions and debris; dig and backfills trenches; clears and restores job site to original condition. 3. Inspects meter boxes for illegal connections, damage or other relevant maintenance requirements, 4. Test meters using specialized equipment. 5. Assists in installing meters at meter service areas; test water meters for accuracy. 6. Create and complete work orders, 7. Recognize and support all safety rules, 8. Operates vehicles and job related equipment (tools): air compressors, paving breakers, pipe saws, drills, hand power tools, forklifts, and any other related equipment; transport workers, equipment, & material to worksite; maintain and assist work group with cleaning vehicles. 9. Assist with the assembly of directional signage, signals, markers, and flags regarding work site protection; acts as flagman when necessary. 10. Performs related duties as assigned. KNOWLEDGE, SKILLS AND ABILITIES: (Based on area of assignment) • Knowledge of geographical layout and street location of service areas. • Knowledge of occupational hazards and safety precautions. • Knowledge of machinery, equipment and tools necessary for the maintenance of public utilities. • Knowledge of common hand and power tools, • Knowledge of basic preventive maintenance on assigned equipment. • Knowledge of personal computer application and use. • Skill in reading street and general mathematical computations, • Skill in following oral and written instructions. • Skill in reading street maps, street signs, and meters accurately and entering information into a computer or handheld device accurately. • Skill in operating and working around traffic and moving equipment. • Skill in interpersonal relationships and effectively communicating with customers. • Ability to take direction. • Ability to adhere to safety precautions, maintain a safe working area; while recognizing occupational hazards. • Ability to locate meter direction (north, south, east, west) by abbreviation. • Ability to perform heavy manual labor for extended periods in adverse weather conditions. • Ability to establish and maintain effective working relationships with those contacted in the course of work. • Ability to operate a personal computer and/or handheld device. • Ability to perform data entry functions. ITB 16-17-119 25 Page 857 of 1256 PHYSICAL REQUIREMENTS AND WORK ENVIRONMENT: Work involves moderate to heavy physical activity in a primarily outdoor setting under all types pfweather conditions with the added exposure to insects, animals and other hazards. There iyafrequent need bowalk, mit talk, hear, use hands, fingers, stoop, kneel, ormuuh, dimb, balance, crawl lift heavy object (up to 50 pounds) and perform other similar actions during the course of the workday. This position requires the use of City vehicles on City business. Individual must be physically capable of operating a vehicle safely and have an acceptable driving history. The Qty of West Palm Beach promotes and maintains a drug/alcohol fro* work environment through the use of mandatory pre-employment and random drug testing for certain employees. MINIMUM QUALIFICATIONS: High school diploma from an institution recognized by the Florida Department of Education, or GED, and one (1) year experience in e utility system, maintaining and installing meters preferred but not required, or any equivalent combination of training and experience. Possession of valid Florida driver's boemee. and Commercial Driver's Lioenoo, Class B may be required upon mse|Qnmomt Ability to obtain forklift certification and OSHA Confined Space certification within one (1)year cfemployment. 20. Meter Service Technician 11 SUMMARY: Under general supervision, performs a variety of routine meter service maintenance activities including but not limited to; performing skilled work and participating, tests, installations, maintenance and repairs and other related duties aaassigned. ESSENTIAL FUNCTIONS: (Essential functions, as defined under the Americans with Disabilities Act, may include the following tasks, knowledge skills, and other characteristics. This list is ILLUSTRATIVE ONLY, and is not e comprehensive listing of all functions and tasks performed by incumbents of this class.) DUTIES AND RESPONSIBILITIES: (Which are not/nany hierarchical mder.) 1. Install, remove, maintain and replace various meters types. Inspects & repairs defective mobam due to damage or regular wear or other relevant maintenance requirement; inspect meter service for illegal connection and/or cross connection;field test and troubleshoot large and small meters. 2. Inspects, repairs, replace and and/or test backflow devices for proper installation and functions. 3. Create and complete assigned work nndore in o detailed manner� maintains accurate records of all work performed. 4. Recognize and support all safety rules, 5. Investigates water meter service related complaints i.e. damaged box. damaged |id, dirty water, 1mm pressure, nowater and other related issues. 6. Responds tocustomer emergencies. 7. Communicates with office ataff, dispatch and/or supervisors via nadio, oe1| phone, or in person clearly and professionally. 8. Answers and resolves questions and/or concerns from customers and contractors regarding issues at the meter service. A. Operates vehicles and job related equipment (tools): air compressors, paving bnaakers, pipe navva. drills, hand tools and any other related equipment, 10. Transport workers, equipment, & material to worksite; assist with the assembly nfdirectional s|QnmQe. signals, markers, flags regarding work site protection; acts as flagman when necessary. 11. Performs related duties ooassigned. KNOWLEDGE, SKILLS AND ABILITIES: (Based onarea ofassignment) • Knowledge ofproper meter service repair, maintenance and installation. ° Knowledge ofproper backflow installation,testing and repair. • Knowledge ofsafe shoring and trenching. = Knowledge ofgeographical layout and street location ufservice areas. * Knowledge ofoccupational hazards and safety precautions. w Knowledge of machinery, equipment and tools necessary for the maintenance of public utilities. • Knowledge ofcommon hand and power tools. ° Knowledge cfbasic preventive maintenance onassigned equipment. ITB 16-17-119 P �8 @Q� �5OOf1256 v Knowledge ofpersonal computer appliomUonandune. ~ Skill inreading street and general mathematical computations. ° Skill imfollowing oral and written instructions. * 5kUi in reading street rnape, street signe, and meters accurately and entering information into e computer nrhandheld device accurately. • Skill inoperating and working around traffic and moving equipment. w Skill inreading engineering drawings Vrblueprints. * Skill imidentifying unsafe conditions and taking corrective action. ° Skill in interpersonal relationships and effectively communicating with customers. • Ability to take direction, * Ability to adhere to safety precautions, maintain o safe working area; while recognizing occupational hazards. ° Ability to locate meter direction (oorth, oouth, eeot, west)by abbreviation. m Ability to perform heavy manual labor for extended periods in adverse weather conditions. * Ability to establish and maintain effective working relationships with those contacted in the course of work. ° Ability booperate apersonal computer and/or handheld device. ° Ability to work flexible schedule including stand by,weekends and holidays. • Ability tnperform data entry functions. PHYSICAL REQUIREMENTS AND WORK ENVIRONMENT: Work involves moderate ho heavy physical activity in an outdoor setting under all types ofweather conditions with the added exposure to insectp, dogo, snakes and other hazards. There is ofrequent need howalk, sit, ta8k, h*er, use hands, OnQ*m. etnnp. &mee|, cxmuoh, climb, balance, onawi. lift heavy object (up tu 50 pounds) and perform other similar actions during the course of the workday. This position requires the use of City vehicles on City business. Individual must be physically capable of operating a vehicle safely and have an acceptable driving history. The City of West Palm Beach promotes and maintains o dmg/okcohn| free work environment through the use of mandatory pre-employment and random drug testing for certain employees. MINIMUM QUALIFICATIONS: High uohou| diploma from on institution recognized by the Florida Department of EduooUom, or GED, and three (3) years of experience, orany equivalent combination of training and experience. Possession of valid Florida dhvo/m license, and Commercial Driver's Lioonae, Class B may be required upon assignment. Large Meter Tester and Backflow Cross/Connection Tester and repair certifications, and 120logged meter reading hours, required. 21. Meter Service Technician || SUMMARY: Under limited auparv|mion, supervises field personnel while performing avariety of routine meter service maintenance activities including but not limited to; performing uh|]ied work and participating in testing, inute||at|mna, maintenance and repairs. Ensures adherence tnpolicies and procedures by staff and promotes good customer and employee relations. Assist with staff dava|mpment, nonnp|ianoe, accountability, quality, safety and cost control. Performs other related duties as assigned. ESSENTIAL FUNCTIONS: (Essential functions, as defined under the Americans with Disabilities Act, may include the following tasks, knowledge skills, and other characteristics. This list is ILLUSTRATIVE ONLY, and is not a comprehensive listing of all functions and tasks performed by incumbents of this class.) DUTIES AND RESPONSIBILITIES: (Which are not/nany hierarchical order) 1. Upon assignment, plans organizes, and supervises the daily activities of field crews as follows: 2. Install and maintains various meters. 3. Field test and troubleshoot large and small meters. 4. |nupouta & repairs defective meters due to damage or regular wear or other relevant maintenance requirement; imstaU, remove and replace meters; inspect meter service for illegal connection and/or cross connection, 5, Inspects, repairs and and/or test backflow devices for proper installation and functions, ITB 16-17-119 27 Page 859 Of 1256 ti Create and complete assigned work orders hladetailed manner; maintains accurate records ofall work performed. 7. Recognize and support all safety rules. 8. |mveetigehae water meter service related complaints i.e damaged box. damaged lid, dirty water, |mm pressure, nmwater, and any other related issues. 9. Respond toall dispatched work orders. M Communicates with office staff, dispatch and/or supervisors via nodio, oa|| phono, or in person clearly and professionally. 11. Answers and resolves questions and/or concerns from customers and contractors regarding issues at the meter service. 12. Operates vehicles and job ro|okad equipment (tools): air compressors, paving broakaro, pipe nevvo, drills, hand power tools, and any other related equipment. 13. Transport workers, equipment, &matehm| to worksite; assist with the assembly ufdirectional signage. signals, markers,flags regarding work site protection; acts as flagman when necessary, 14. Performs related duties mmassigned. KNOWLEDGE, SKILLS AND ABILITIES: (Based onarea ofassignment) ° Knowledge ofproper meter service repair, maintenance and installation. * Knowledge cfproper backflow installation, testing and repair. m Knowledge qfsafe shoring and trenching. ° Knowledge ofgeographical layout and street location ofservice areas, • Knowledge ofoccupational hazards and safety precautions. * Knowledge of machinery, equipment and tools necessary for the maintenance of public utilities. ° Knowledge nfcommon hand and power tools, • Knowledge nfbasic preventive maintenance onassigned equipment. = Knowledge ofpersonal computer application and use. * Skill in reading street and general mathematical computations. ° Skill infollowing oral and written instructions. • Skill in reading street mmops, street signm, and meters uuuunmta|y and entering information into a computer orhandheld device accurately, ° Skill inoperating and working around traffic and moving equipment, n Skill in reading engineering drawings mrblueprints. ° Skill inidentifying unsafe conditions and taking corrective action. * 8N|| in interpersonal relationships and effectively communicating with customers. * Ability to take direction and effectively direct others. • Ability to adhere to safety precamtiumm, maintain m safe working area; while recognizing occupational hazards. * Ability to locate meter direction (north, south, east, west) by abbreviation. • Ability to perform heavy manual labor for extended periods in adverse weather conditions. * Ability to establish and maintain effective working relationships with those contacted in the course of work. m Ability tooperate apersonal computer and /or handheld device. ° Ability to work flexible schedule including stand by weekends and holidays. ~ Ability 1operform data entry functions. PHYSICAL REQUIREMENTS AND WORK ENVIRONMENT: Work involves moderate 0o heavy physical activity in an outdoor setting under all types nfweather conditions with the added exposure to inoeo<s, dogs, snakes and other hazards. There is frequent need to walk, sit, ta|k, hear, use hands, f|n8orm, atoop, knee\, crouch, d|mb, balance, oram/|' lift heavy object (up to 50 pounds) and perform other similar actions during the course of the workday. This position requires the use of City vehicles on City business. Individual must be physically capable of operating a vehicle safely and have an 000aphsble driving history. The City of West Palm Beach promotes and maintains a drug/alcohol free work environment through the use of mandatory pre-employment and random drug testing for certain employees. ITB 16-17-119 28 Page 860 Of 1256 MINIMUM QUALIFICATIONS: High school diploma from an institution recognized by the Florida Department of Education, or GEQ, and five (B) years experemce, or any equivalent combination of training and experience. Possession of o valid Florida driver's license, required. Commercial Driver's Lioen*e, Class B may be required upon assignment. 120 logged meter reading hours and 800kMmm Cross/Connection Tester/Repair certification, required. 22. Utility Locator SUMMARY: Under close supervision, locates utility lines; and performs related duties as assigned. ESSENTIAL FUNCTIONS: (Essential functions, as defined under the Americans with Disabilities Act, may include the following tasks, knowledge skills, and other characteristics. This list /n ILLUSTRATIVE ONLY, and /s not e omn?pn*hemoive listing of all hunodbno and bsoko performed by incumbents of this class.) DUTIES AND RESPONSIBILITIES: (Which are not imany hierarchical order) 1. Locates underground utilities, 2. Clears brush and digs mputility lines. 3. Operates line location instruments and leak detection instruments. 4. Prepares sketches for field notes inconstruction layouts and em-bui|t 5. Researches as-built drawings for line locations. G. Seta utility markings and points for contractors and other utility companies. 7. Maintains imventory, equipment, supplies and assigned city vehicles. 8. Operates electronic surveying and data collection instruments. Q. Works ammmember ofasurvey crew. KNOWLEDGE, SKILLS AND ABILITIES: * Knowledge ufhighway traffic control standards. * Knowledge ofbasic surveying methods, practices and procedures. * Knowledge of operation and maintenance of electronic surveying line locating equipment. ° Knowledge ofreading and interpreting construction and engineering plans. ° Knowledge ofhealth and safety regulations, practices and procedures. • Skill in n*oommhinQ land and plat information. w Skill in accurately sketching and recording field notes and computations. • Skill in recording and maintaining public files and records. ° Skill indemonstrating and instructing entry level skills and practices, • Ability to establish and maintain effective working relationships with those contacted in the course of work. • Ability towork flexible hours for on-call oremergency purposes. PHYSICAL REQUIREMENTS AND WORK ENVIRONMENT: Work involves long hours outside with exposure to loud noimeo, chemicals, toxic fumues, air and waterborne pathogens, and mechanical equipment during the clearing, surveying, and staking of construction sites. There is frequent need to abynd, stoop, walk, mit, work in o|uae proximity to vehicular traffic, ||ft equipment or materials (up to 50 pmumds), and perform other similar actions during the course of the workday. The City of West pa|nn Beach promotes a drug/alcohol free work environment through the use cfmandatory pne-emp|oyment drug testing. MINIMUM QUALIFICATIONS: High School diploma or GED and one (1) year ofrelated experience or any equivalent combination oftraining and experience. Avalid Florida driver's license iorequired. ITB 16-17-118 29 Page 861 Of 1256 x h Sf VVL`Si PAII,sA bFA €i t 4. SECTION 2 — SPECIAL TERMS 1. Business Tax Receipt The Bidder will be required at the time of contract execution, to have a business tax receipt or certificate of registration in accordance with the following: • No person, contractor or subcontractor may conduct business within the City without a business tax receipt or certificate of registration. • A contractor who holds a valid countywide contractor's license, in addition to a county business tax receipt shall register with the City. • Any person engaging in any business, occupation or profession within the City without a permanent business location or branch office in the City, but holding a valid and currently effective business tax receipt issued by the county or another incorporated municipality, shall be issued a certificate of registration upon registering with the business tax official. 2. Small Business Participation In accordance with the Small Business Ordinance, the goal for Small Business participation under the contract resulting from this Invitation to Bid is 00% of the total contract value. 3. Insurance Contractor shall purchase from and maintain during the term of the Services, and all applicable statutes of limitation periods, the following insurance: (a) Comprehensive General Liability insurance in an amount not less than $1,000,000.00 Combined Single Limit per each occurrence and $1,000,000 aggregate, with bodily injury limits, which may not be subject to a self-insured retention or deductible exceeding $25,000. (b) Worker's Compensation and Employer's Liability Insurance with limits of Employer's Liability Insurance not less than $500,000 "each accident," $500,000 "disease policy limit,,, and $500,000 "disease each employee". (c) Automobile Liability: Not less than $1,000,000.00 for injuries per person in any one accident or occurrence and $1,000,000.00 in the aggregate for injuries per occurrence or accident, with $100,000.00 for property damage in any one accident or occurrence. May not be subject to a self-insured retention or deductible exceeding $10,000. Self-insurance shall not be acceptable. All insurance policies shall be issued by companies that (a) are authorized to transact business in the State of Florida, (b) have agents upon whom service of process may be made in Palm Beach County, Florida, and (c) have a best's rating of A-`Jl or better. Additional Insured: All liability insurance policies shall name and endorse the following as additional insured(s): the ECR Board, the City of West Palm Beach and its commissioners, officers, employees and agents. Certificate of Insurance: Contractor shall provide the City Risk Manager with a copy of the Certificate of Insurance and endorsements evidencing the types of Insurance and coverage required prior to the commencement of Services. It is the Contractor's responsibility to ensure that the City's Risk Manager and the Department both have a current Insurance Certificate and endorsements at all times. If Contractor's insurance policy is a claims made policy, Contractor shall maintain such insurance coverage for a period of five (5) years after the expiration or termination of this Agreement. Applicable ITB 16-17-119 30 Page 862 of 1256 coverage may be met by keeping the policies in force, orbvobtaining an extension of coverage commonly known eooreporting endorsement oftall coverage. The provisions of this section shall survive beyond the expiration or termination of this Agreement. 4, Equal Benefits Ordinance Section 66-8 of the City's Code of Ordinances provides that, with limited exceptions, when contracting for goods, services or construction in an amount of $50,000 or more, with persons orbusinesses with five or more employees that also provide benefits to employees' spouses and dependents, the city shall contract only with those persons or businesses that provide equal benefits to employees' domestic partners. Each proposer shall submit an Equal Benefits certification with iteprnpoea|/bid. 5. Contract Term The Contractor nhe|| be awarded a contract for thirty-six (96) months. At the ao|o option of the City, the contract may be renewed for uphotwo /2l additional twelve (12) rmun8l periods. Options to renew will only be effective upon awritban contract amendment executed by both parties. Remevve| terms and conditions will be the same as the base contract, The Contract ehe|| oonnnnencennthedotevvhemtheonntnaC1iSexecmtedbyth* [|ity. Anyrenevvm|syv||| beauNoot huthe appropriation nffunds bythe City. 5. Multiple Contract Awards The Contractor(s) selected under this procurement may be awarded separate contracts with the Agencies under the terms and conditions ofthis ITB. ITB 16-17-119 21 Page 863Of1256 r Pi � f S} . SECTION 3— MINIMUM QUAL IFICAITONS and EVALUATION FACTORS Failure to fully and accurately complete the reouired documentation may result in disqualification of Contractor's bid.All decisions of the City are final. "® Evaluation of responses will include, but not limited to, the following; MINIMUM QUALIFICATIONS Contractors shall meet the following minimum requirements in order to be considered for award. 1. Bid (Form 62) must be signed by the person authorized to bind the company. Note: Sign in blue ink every place it is required. 2. Bidder can provide all required representations and disclosures.. 3. Bid proposal must be received and stamped in by the procurement Division on or before 3:00 p.m. on April 12, 2017. EVALUATION FACTORS Bids will be evaluated based on the following evaluation factors, in addition to those factors established in the Procurement Code, in determining the best value to the City. 1. Schedule of bid items—as indicated on Form B3 2. Reference responses. 3. Firm capacity in terms of financial viability and ability to provide required insurance. 4. Evidence of ability to work efficiently and cooperatively with Agency staff; past performance with the Agency and others. 6. Small business program participation. 6. Impact on local economy. 7. Any suspension or debarment by any government entity; any prior conviction for bribery, theft, forgery, embezzlement, falsification or destruction of records, antitrust violations, honest services fraud or other offense indicating a lack of business integrity or honesty; any prior violation of City or County ethical standards. 8. Consideration of any other factors specific to this ITB. 9. Such other information as may be obtained. ITB 16-17-119 32 Page 864 of 1256 ,�„�s— SECTION 4- INSTRUCTIONS TO BIDDERS To ensure acceptance of your bid, Bidders must comply with the following instructions: 1. HOW TO SUBMIT A BID: a. One (1' original, one (1) electronic version and three (3)copies of your bid must be submitted in a sealed envelope, marked on the outside lower left-hand corner of the envelope with the firm name, Bid number, title, and date and hour bids are scheduled to be received. Bids shall be mailed or hand-delivered to: City of West Palm Beach - Procurement Department 401 Clematis Street, 3rd Floor West Palm Beach, FL 33401. b. Time is of the essence and any bid received after the closing date and time indicated on the cover of the Invitation to Bid, whether by mail or otherwise, will be returned unopened and will not be considered. The time of receipt shall be determined by the time clock located in the Procurement Division. Bidders are responsible for insuring that their bid is stamped by Procurement personnel by the deadline indicated. The City shall in no way be responsible for delays caused by any occurrence. G. Bids submitted by telephone, telegram or facsimile shall not be accepted. d. Submission of a Bid implies a full understanding of the Invitation to Bid, the Special Terms, the General Conditions and the drawings and specifications, the Project and the Work. Any misunderstanding as to such terms by the Bidder will not relieve the Bidder from performance. e. This Invitation to Bid consists of this document along with all plans, drawings and/or technical specifications related to this procurement, all of which are incorporated herein by this reference. 2. THE BID PACKAGE. The Bid Submission Package consists of the following documents: B1 Bid Cover Sheet B2 Bid B3 Schedule of Bid Items B7 Reference List B8 Non-Collusion Affidavit B9 Drug Free Certification B11 B12 Statement of Small Business Participation with certifications B13 Small Business Letter of Intent Equal Benefits Certification Copies of required licenses or registrations The Bid Submission Package, and all other required documents must be returned in order for the bid to be considered'. AVOID BID REJECTION: Bids may be rejected for noncompliance to requirements after review by the Procurement Official. All bids must be submitted on the provided Bid forms.. ITB 16-17-119 33 Page 865 of 1256 Forms B2 and B3 must be signed in ink by an officer authorized to bind the Bidder. All Forms must be fully completed.. Failure to complete any form or provide the required signature may be grounds for rejection of the bid. 3. COMPLETION OF BID SUBMISSION PACKAGE. a. It is the responsibility of the bidder to insure that all pages are included. All bidders are advised to closely examine this package. b. All bids must be submitted on the provided Bid forms. Bids submitted on Contractor Letterhead or quotation forms will not be accepted. c. All bids (Form B2 and 133) must be typed or written in ink, and must be signed in ink by an officer or employee having authority to bind the company or firm. Failure to submit a duly signed bid shall be cause for rejection of the bid. *BIDDERS: THE CITY HAS PROVIDED AN ELECTRONIC SPREADSHEET FOR BID ITEM TABULATION. IT IS MANDATORY THAT ALL BIDDERS PROVIDE BOTH A SIGNED PAPER BID TABULATION AND ELECTRONIC BID TABULATION. THE ELECTRONIC BID TABULATION SHALL BE SUBMITTED WITH THE PAPER BID TABULATION BY MEANS OF COMPACT DISC, FLASH DRIVE, OR OTHER DIGITAL DATA STORAGE DEVICE. PAPER BID TABULATIONS AND ELECTRONIC BID TABULATIONS SHALL BE MATERIALLY CONSISTENT AND CONTAIN THE SAME INFORMATION. IN CASES OF DISCREPANCY, THE SIGNED PAPER BID TABULATION SHALL PREVAIL. FAILURE TO SUBMIT AN ELECTRONIC COPY/VERSION OF THE PROVIDED BID TABULATION SHALL BE CAUSE FOR REJECTION OF THE BID. 4. ERRORS/ERASURES/CORRECTIONS a. Bids having erasures or corrections must be initialed in ink by the Bidder. If a correction is necessary, draw a single line through the entered figure and enter the corrected figure above it and initial the correction. Any illegible entries, pencil bids or corrections not initialed may not be accepted. b. In the event of mathematical extension error(s), the unit price will prevail and the bidder's total offer will be corrected accordingly. In the event of addition errors, the extended line item will prevail and the bidder's total will be corrected accordingly. C. Bidders shall not be allowed to modify their bids after the bid opening time and date. Bid files may be examined during normal working hours, after bid opening, by appointment only. d. Bidder represents that it has taken all necessary steps to ascertain the nature and location of the work and that it has investigated and satisfied itself as to the general and local conditions which can affect the performance of the work, including: (i) conditions relating to access, egress, transportation, debris disposal, parking and storage of materials; (ii) availability of labor; and (iii) physical conditions at the site. Any failure by Bidder to take these steps will not relieve the Bidder from the responsibility for estimating properly the difficulty and cost of successfully performing the work without additional expense to Owner. 5. BID PRICES All prices shall remain valid for ninety (90) days after the date of bid closing or other time stated in the Special Terms. Prices must be stated in the units specified on the Schedule of Bid Items (Form 133). Bidders may offer a cash discount for prompt payment; however, such discounts should not be considered in the unit price bid unless otherwise specified in special conditions, 6. SUBSTITUTIONS If Bidder wishes to offer a substitution for a specified item of materials or equipment, the proposed substitution must be listed on the Substitution Sheet (Form 134) in the Bid ITB 16-17-119 34 Page 866 of 1256 Submittal In each n8ae. the difference in price between the base bid and the price for the proposed substitution shall be specified or if there is no price difference, that shall be specifically indicated. The Bid shall reflect the Bidder's price for the item specified inthe Schedule nfBid items; not the pn]pOSBd Substitution. The best value bid will be established considering the base Bid, not any proposed substitution. 7. SUBCONTRACTING If bidder intends to subCootn3o1e any portion of the work, the Schedule of Subcontractors (Form B5) must befully completed and submitted with the bid. The norme, oddnaao, phone number and extent of work and value of the work to be performed should be included for all ouboontractors, including any small business contracts that will also be listed on Form B12' Statement of SnnB|| Business Perflo|pakion. All SnnoU Business subcontractors must also be listed on both Form 85 — Sohgdu|8 of Subcontractors and Form B12-8tmbamomtufSmall Business Participation. Owner reserves the right to reject any bid if the bid names @ subcontractor who has previously failed in the proper performance of an avvard, or failed to deliver on time contracts of similar noture, or who is not in a position to perform under this award. Owner n000rvee the right to inspect all facilities of any subcontractor|morder homake adetermination autothe foregoing. The Contractor shall submit for the City of West Palm Beach review and approval, as part of his bid mubnnioeinn, a sample copy of his company's daily reporting format for reporting the progress of construction. This format shall include but not be limited to the detailing of all labor, equipment and ' materials used in the construction of the project along with the areas vvorked, type of work performed, problems encountered and daily weather conditions otthe work areas. 8. BID BONDS OR DEPOSITS Each bid must be accompanied by bid bond ora deposit in o sum of not less than five percent (5Y6) of the total bid. Bid bonds and deposits amounting to less than one hundred do||ena need not be submitted. Only the following types of bonds or deposits will be accepted: 1. Bid bond signed by a surety company authorized to do business in the State of Florida. 2. Cashier Check orbank draft ofany national orstate bank. 3. Certified check drawn On afinamola| institution acceptable hmthe City ofWest Palm Beach 4. U.S. Postal Money Order All ohenKo and orders must be made payable to the City of West Pm|nn Beach. The Qty nanen/eo the right to hold the bid security until a contract is pnmpark/ executed. If any bidder presented with a contract by the City fails to execute such contract with the City, the City may be entitled to retain the deposit or enforce the bond. Bid deposits of unsuccessful bidders will be returned after execution of contract. 8. CERTIFICATION AND LICENSES Bidder must include with his bid package a copy ofall applicable Certificates of Competency issued by the State of Florida or the County Construction Industry Licensing Board and a current Occupational License in the name of the Bidder submitting the Bid from the County in which the Bidder's principal place of business is located. If awarded the contract, any Bidder who is not required to have on occupational |\manee from the City will be required to obtain a Certificate of Registration from the City of West Palm Beach prior to contract execution. 10. NO LOBBYING Bidder and its representatives are prohibited from contacting or lobbying the Mayor, any City Commissioner, City otaff, ava|mo1iom committee, or any other person authorized on behalf of the City related or involved with this Invitation to Bid. Bidder's representatives shall include, but not ba limited to, the Bidder's employee, partner, ufficer, director. consultant, |obbyist, attorney or any actual or potential subcontractor orconsultant mfthe Bidder. All oral or written inquiries are to be directed to the Procurement Offide|. Any violation of this condition may result in rejection and/or disqualification ofthe Bidder. The ~No Lobbying" condition is in effect from the date of publication of the |TB and shall ITB 16-17-119 35 Page 867Of1256 terminate at the time the {}dx approves execution or executes the contract, rejects all bids or otherwise takes action which ends the solicitation process. 11. CONFLICT OF INTEREST All Bidders rnue* dioo|oeg with their bid the name of �ny officer, direnk)r. or agent who is also an employee of the City nfVV�st Palm Beach. Further, all bidders must disclose the norng of any City employee who ow/ns, d|nnotiv Or indimaot|y, interest of ten percent /10%\ or more in the bidder's firm or any of its affiliates, 12. ETHICS REQUIREMENTS No Bidder may ernp|oy, directly or indina(t|y, the nnoyor, any member of the City commission or any director or department heard of the City. The City Code prohibits any enmpiOy8B, or member or their immediate family or close personal relation to namyiv8 e substantial benefit or profit from any contract entered into with the {}dv, either directly or through any firm of which they are a rnenlbar, or any corporation of which they are o w10tkho|der, or any business entity in which they have 8 controlling financial interest. Any affected City employee may oa*k a conflict of interest opinion from the City ethics officer prior to the submittal of o bid. Additionally, any employee may seek o legal opinion from the State of Florida Ethics Commission regarding state law conflict nfinterest provisions. 18. SMALL BUSINESS PROGRAM The goal for 5nnaU Business participation under the contract resultingfrom this Invitation to Bid is 0% ofUl total contract value. the City of West Palm Beach Small Business Program or from another City whose certification is accepted bv the Small Business Pro-gram will be accepted toward the small business goal. For your convenience, all Palm Beach County certified small businesses can streamline the City's certification process by submitting the appropriate documentation. The City may require additional information to ensure compliance with the City's small business criteria; therefore please contact the City's Small Business Office at(561) 822-2100 for further instruction for small business certification. Bidders/contractors are encouraged to contact the Procurement Department for o directory of all currently certified anno|\ businesses. The directory is intended to assist bidders/contractors with meeting srna|U business participation goals on City projects by connecting them with potential subcontractors for quotes, bids and FlFP'a. In moonndonne with the SB Ordinance, the 8B Program has edVo1ad ppoomdun9a naqu|hoQ the completion Of forms to (neuna compliance with the SnneD Business Ordinance. These forms are required to be submitted, as appropriate, with each proposal and/or during the course of the contract. The following Srna|| Business forms should be submitted with the Bid: * STATEMENT OF SUBCONTRACTOR PARTICIPATION List all your certified subcontractors — indicate dollar amounts and percentages in the appropriate columns. This form is duo with your proposal. Only City of West Palm Beach and Palm Beach County Certified 8Bn nen be used to meet the established goal. See Form SB 01 * SUBCONTRACTOR'S LIST List the names and telephone numbers of all SBs that submitted a quote to you, whether you will use them on this project or not. Also, include here, SBa listed in the Statement of Small Business Participation, Submit this form with your proposal. See Form SB02 * LETTER OF INTENT One form per SB subcontractor must be executed and delivered to the City's 813 Program 2rLor to contract award and will be made a part ofthe contract. See Form 8B 03 ITB 16-17-119 30 Page 868Of1256 REQUEST FOR QUALIFICATIONS PREFERENCE (over$25,000.00) For procurements using requests for proposals, the Procurement Official or, if applicable, an evaluation committee established to evaluate the pnop8So|o, shall consider compliance with the SnloN business goals eeomaterial criterion for selection, i.o, shall b8given significant weight. 14. PUBLIC ENTITY CRIMES Pursuant to F.S. 287.133. e person graffiliate who hos been placed on the convicted Vendor list maintained by the State of Florida may not submit a bid to the Qh/ of West Palm Beach for 36 months following the date of being placed on the convicted vendor list. 15. INQUIRIES AND ADDENDA Except aoprovided inthis section, Bidders orothers representing a Bidder are prohibited from contacting or lobbying the Mayor, any City Commissioner, City 81off, Evaluation Comnrnittae, or any other person authorized on behalf Ofthe City related or involved with this ITB. Any and all inquiries on the scope of work, opeoif|oaUono, additional reqoinanmnnte, attachments, terms and general conditions or instrucUonn, or any issue other than Small BueioeSsea, must be directed in vvdbng. by US moi[ fax or email to: Nathaniel Rubel, Procurement Supervisor City ofWest Palm Beach Procurement Division 401 Clematis Street, 3rd Floor West Palm Beach, FL334O1 Fax: /561\ 822-1564 E-mail: nrubo|@vvpb.org All questions nrinquiries must bereceived nolater than ten /YQ0calendar days prior&nthe Bid closing date. Any addenda orother modification tothe Bid documents will boissued bwthe City prior tuthe date and time of Bid closing, osowritten addenda distributed to all prospective bidders who have obtained the bid package directly from the City or its authorized representative. Such written addenda or modification shall be part ofthe Bid documents and shall be binding upon each Bidder. Each Bidder is required 1oacknowledge receipt ofany and all addenda inwriting and submit with their bid. No Bidder may rely upon any oral or verbal modification or interpretation in preparing its bid. No interpretation ofthe Invitation 10 Bid will bemade for any bidder, except bvwritten addendum. 16. In accordance with the City's procurement node. this Invitation to Bid may be cancelled and may or may not be no-bid when determined to be in the best interests of the City. Any or all bide may be accepted or rejected in m/h8|e or in pad, when determined to be in the best interests of the City. The City of West Palm Beach also reserves the right to rejectthe bid of any Bidder who has previously failed in the performance of an award or to deliver contracts of a similar nature on time or who is not in o position to perform properly under this award. The City reserves the right bo inspect all facilities of bidders. Any bid received without aOauthorized signature Vrpast the submittal deadline will borejected. Any withdrawal or cancellation of this Invitation to Bid' either before or after selection of o bidder, shall be without liability or obligation on the part of the City or its employees. Any eotinn, selection or failure to select a successful bidder to this Invitation to Bid aho|| be without any liability or obligation of the part of the City Orits employees. The City reserves the right to waive any non-material irregularities and technicalities, except timeliness and signature requirements. AdditionoMy, bids may be considered irregular and may be rejected if the bid: 1) does not sU1oth/ conform to the requirements of the Invitation to Bid; 2) is incomplete; 3\ any Bid ITB 16-17-119 37 Page 869Of1256 Form is altered; 4) contains additions not called for; 5) is conditional; 6) contains prices that are, in the opinion of the Citv, unbalanced either in excess or below the reasonable cont analysis ws|ueo| 7\ bide is imexcess ofthe approved budget for the project. 17. SELECTION OF BIDDER WITH WHOM TO CONTRACT Pursuant bothe City's Procurement Code, the selection of bidder with whom to contract ahoU be based on the "best value" to the C|b/^ using the following criteria: 1. Skill and experience, 2. Capacity to perform in terms of facilities, personnel and financial viability, 3. Past performance, 4. Amount of the bid in relation to the needed goods, services, or construction, 5. Adherence tothe specifications and requirements #. Content ofthe bid. 18. POSTING OF AWARD TABULATIONS The selected bidder will be notified in writing of the City's intent to award a contract. Recommended awards will be available for review by interested parties otthe Office Vfthe Procurement Official. 19. CONTRACT {}Nv and Bidder will be contractually bound only if and when avvrUton contract between the parties ioexecuted. inthe event ocontract (anot executed with the selected bidder, the City reserves the right to select the next "best value" Bidder based on the bid tabulation and to contract with said bidder. 20. COSTS All costs incurred by any party in responding to this Invitation to Bid are the mo|o responsibility ofthe Bidder. 21. PROTEST PROCEDURE Protest procedures are provided |nSection OQ-151ofthe City Code nf Ordinances. A protest must be addressed to the Fzronummmnemi Official, in vvriting, identifying the pnot*eter, the solicitation and the basis for the protest and must be received by the Procurement Official within seven (7) calendar days of the first date that the aggrieved person knew or should have known of the facts giving rise tothe prnhns1, but no later than seven (7)1 calendar days after the |oauennn of Notice of Intent to Award. The protest shall be considered filed when it is received by the Procurement Official. Failure to file protest in accordance with the Procurement Ordinance shall constitute a waiver of Said protest. 22. CITY IS DOCUMENT GATEKEEPER This ITB is issued directly by the City and the City shall be the sole distributor of all addenda and/or revisions to these documents. |tiathe responsibility ofthe Bidder to confirm the legitimacy of procurement opportunities or notices directly with the Procurement Division. The City is not responsible for any solicitations advertised by subscriptions, publications, websites (other than the City's) orother sources not connected with the City and the Bidder should not rely onsuch sources for information regarding aysolicitation made bythe City ofWest Palm Beach, ITB 16-17-119 38 Page 870Of1256 BID PACKAGE COVER SHEET ITB 16-17-119 Project Title: Public Utilities Supplemental Workforce BidderCompany Name: ........._...... ............................................................................. ............... Enclose the following documents: 1. Bid Package Cover Sheet. (131) 2. Bid (132) Must be signed 3. Schedule of Bid Items (133) Must be signed 4. Reference List (137) 5. Affidavit of Prime Bidder re Noncollusion(B$). Be sure to sign and notarize the signature. 6. Drug Free Certification (139) 7. Small Business -Listing of all Small Business Bids (611) 3. Statement of Small Business Participation (1312)Attach small business certifications. 9. Small Business-Letter of Intent (613) 10. Equal Benefits Certification 11. Copies of licenses, certifications and registrations Clearly mark the outside lower left corner of the Envelope with the firm name, Invitation to Bid number and title, and the date and time for the bid closing deadline. THIS PAGE AND THE FOLLOWING COLOR PAGES ARE TO BE RETURNED WITH YOUR BID. Submit one(1)original,one(1)electronic version and three{31 photocopies of your Bid package. AVOID BID REJECTION: All bids must be submitted on the provided Bid fortes. Forms B2 and B3 must be signed in ink by an officer authorized to bind the Bidder. All Forms must be fully completed. ITB 16-17-119 39 Page 871 of 1256 �A fi`Ty�t114 W7 � yC r WSW"F 3 I I'!, I: {At( l.i (B2) BI® ITB 16-17-119 Proposal of: (Bidder Company(Name) Bid Amount: $ NfA, See Bid Items 1 —22 on Schedule of Bid Items B3 (Write Dollar Figure Here) - Bidder agrees to furnish, unless otherwise provided, all implements, machinery, equipment, transportation, tools, materials, supplies, labor and other things necessary for the performance and completion of the work for the amount indicated above. The undersigned Bidder hereby declares that: 1. No Lobbying. Proposer acknowledges that contact by a Proposer, or anyone representing a Proposer, regarding this ITB with the Mayor, any City Commissioner, officer, City employee, other than an employee of the Vilest Palm Beach Procurement Division, is grounds for disqualification. 2. This bid is made in good faith, without collusion or fraud and is fair and competitive in all respects. 3. The Bidder has carefully and to his full satisfaction examined the attached Scope of Work, Special Terms, General Conditions, technical specifications, and form of bonds, if applicable, together with the accompanying plans, and Bidder has read all issued addenda issued, 4, Bidder has made a full examination of the site and is familiar with the site conditions that may impact its performance. 5. There is enclosed a bid guarantee consisting of five percent (5%) of bid price in the amount of N/A 6. Upon receipt of a Notice of Intent to Award the contract the Bidder shall: 1) commence obtaining a Performance Bond, Labor and Material Bond, and Certificate(s) of Insurance immediately after receiving a Notice of Intent to Award, and 2) immediately obtain a Certificate of Registration for engaging in business from the City, as such documents will be required prior to execration of a Contract. 7. Bidder understands that the contract time starts on the date of Notice to Proceed. 8. Bidder furthermore agrees that, in case of failure on his part to execute a Contract and provide all required documents within ten (10) calendar days of receipt of the Contract for execution, the City may withdraw the offer and contract with another bidder and the check, bond, or other security accompanying his bid and the money payable thereon, shall become the property of the City, by forfeit as agreed and liquidated damages, 9. The Bidder states that this bid is the only bid for this project in which Bidder is interested; and Bidder shall not be a subcontractor or subcontractor on this project. 19. Substantial completion shall be within TBD calendar days. Final completion shall be in TBD calendar days. 11. Liquidated damages for delay are agreed to be one hundred ($100) per calendar day. ITB 16-17-119 40 Page 872 of 1256 12. Small Business participation for this project is 0%. 13. Bidder shall be responsible for all permitting fees and utility service connection fees. For construction of a building, the City shall be responsible for plan and permit review fees through its Construction Services Department. 14, All debris is to be legally disposed of at a licensed disposal site in accordance with City, state, and federal standards. 15. The City reserves the right to select and include one or more alternates in the Project and work. 16. The following officer, director or agent of the Bidder is also an employee of the City of West Palm Beach: Name Address 17. The following employee(s) of the City of West Palm Beach hold, either directly or indirectly, an interest of 10% or more of Bidder or its affiliates or subsidiaries: Name Address 18. Bidder and all affiliates, suppliers, subcontractor or consultants who will perform the Work have not been placed on the Public Entity Crimes convicted vendor list maintained by the State of Florida within the 36 months immediately preceding the date of this Bid. 19. Bidder acknowledges that ADDENDA NO(S). have been RECEIVED and are ATTACHED HERETO and are signed by a duly authorized officer of Bidder. 20. By signing and submitting this Bid, Bidder represents that all Bid Forms are fully complete and accurate. 21. Bidder acknowledges that the Bid may be rejected if all Bid Forms are not fully complete, not accurate or if forms are not signed by properly authorized signatures where required. Bidder Company Name: Business Address: (Street, City, State, Zip Code) State of Incorporated: Telephone: Fax: BIDDER: Signature of Official authorized to bind Bidder. Print Name: Title: Date: Failure to fully complete and sign this Bid Form may result in resection of the Bid. ITB 16-17-119 41 Page 873 of 1256 City of West ftfm(Beach (B3) r' a" SCHEDULE OF BID ITEMS �'"""` • ITB 16-17-119 PROJECT TITLE: Public Utilities Supplemental Workforce Item Job Title Hourly Wage Na, OPERATIONS 1 State of Florida Certified"A"Water Treatment Operator 2 State of Florida Certified"B"Water Treatment Operator 3 State of Florida Certified°C"Water Treatment Operator 4 State of Florida Certified"A"Wastewater Treatment Operator 5 State of Florida Certified"B"Wastewater Treatment Operator 6 State of Florida Certified"C°Wastewater Treatment Operator ENGINEERING ANIS OFFICE STAFF 7 Secretary 8 Project Engineer 9 Customer Service Representative 10 Customer Relations Specialist SKILLED STAFF 11 Maintenance Mechanic 12 Utilities Electrician 13 Utilities Controls Technician 14 Laboratory Technician 1 15 Laboratory Technician 11 16 Laboratory Technician III 17 Heavy Equipment Operator 18 Maintenance Worker - 19 Meter Service Technician 1 20 Meter Service Technician II 21 Meter Service Technician III 22 1 Utility Locator Note: Hourly rates shall be inclusive of all costs such as the cost of overhead,profit,insurance,taxes,incidentals,etc. Bidder Company Name: Signature of Official authorized to hind Bidder: Print Name: Title: Date: Failure to fully complete and sign this Bid Form may result in rejection of the Bid. END SCHEDULE OF BIO ITEMS BIDDERS: THE CITY HAS PROVIDED AN ELECTRONIC SPREADSHEET FOR BID ITEM TABULATION. IT IS MANDATORY THAT ALL. BIDDERS PROVIDE BOTH A SIGNED PAPER BID TABULATION AND ELECTRONIC BID TABULATION. THE ELECTRONIC BID TABULATION SHALL BE SUBMITTED WITH THE PAPER BID TABULATION BY MEANS OF COMPACT DISK,FLASH DRIVE,OR OTHER DIGI NAL DATA STORAGE DEVICE. PAPER BID TABULATION AND ELECTRONIC BID TABULATION SHALL BE MATERIALLY CONSISTENT AND CONTAIN THE SAME INFORMATION. IN CASE OF DISCREPANCY,THE SIGNED PAPER BID TABULATION SHALL PREVAIL. FAILURE TO SUBMIT AND ELECTRONIC COPYNERSION OF THE PROVIDED BID TABULATION SHALL BE CAUSE FOR REJECTION OF THE BID, ITB 1£-17-119 42 Page 874 of 1256 t� ITB 16-17-119 LIST OF REFERENCES 1. owner's Name&Address: Project:. Contact Person Telephone: ( ) Fax: ( ) E-Mail: 2. owner's Name&Address: Project: Contact Person Telephone: ( ) Fax: ( ) E-Mail: 3. owner's Name&Address: Project: Contact Person Telephone: ( ) Fax: ( ) E-Mail: 4. owner's Name&Address: Project: Contact Person Telephone: ( ) Fax: ( ) E-Mail: ITB 16-17-119 43 Page 875 of 1256 i 1 AFFIDAVIT OF PRIME BIDDER Re Non-collusion and Public Entity Crime State of County of being first duly sworn, disposes and says that: (Name) 1. 1 am the of the (Title) (Name of Company) Bidder that has submitted the attached bid; 2. 1 am 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. Neither the 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 communication 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 secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the City of West Palm Beach or any person interested in the proposed Contract; and 5.. The following Officer, director or agent of Bidder is also an employee of the City of West Palm Beach: (if none, write "None"). 6. The following employees of the City of West Palm Beach own, directly or indirectly, an interest of 10% or more in Bidder firm or any of its affiliates or subsidiaries: (if none, write "None"). 7. The price or prices quoted in the attached Bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the Bidder or any of its agents, representatives, owners, employees, or parties in interest, including this affiant. 6. Neither the Bidder nor any officer, director, partner, shareholder, employee, member or agent, who is active in the management of Bidder, or any affiliate or subsidiary of Bidder has been convicted of a public entity crime or action regarding antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy or material misrepresentation with respect to any bid or contract for goods or services to be provided to any public entity, or has been listed on the state Convicted Vendor List, within thirty-six months prior to the date of Bidder's Bid. ITB 16-17-119 44 Page 876 of 1256 (Print Name) The foregoing Affidavit of Bidder regarding Non-Collusion and Public Entity Crime was acknowledged before methis 0m/� by: who is personally known tDnneor who has produced as identification and who take anoath. Notary Public (print& sign name) Commission No. ITB 16-17-119 45 Page 877Of1256 54 VV h " I -,A I I.l P5 A t, 1 9) DRUG FREE WORKPLACE CERTIFICATION The undersigned Bidder, in accordance with Florida Statute 287.087 hereby certifies that does: (Name of Business) 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 violation of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business' 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 this bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities, or contractual services that are under bid, the employee will abide by the terms of the statement, and will notify the employer of any conviction of, or plea of guilty, or nolo contendre to any violation of Chapter 1893, or of any controlled substance law of the United States, or any State, for a violation occurring in the workplace no later than five (5) days after such conviction. 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. Authorized Signature Print Name Date ITB 16-17-119 46 Page 878 of 1256 VV i S f PA At NA li 1: /',C:;..1 • 401 Clematis Street,3rd Floor West Palin Beach,Florida 33401-4702 Tel: 561-822-2100 Fax:561-822-1564 Website: http llwpb.orQ/Deoaan enIs/PiocurefTieriliSrriall-Bus ness/Certification (61 1) Form Subcontractors Listing BidderlProposer's Dame: Telephone No. ITB or RFP Title: Public Utilities Supplemental Workforce ITB or RFP No.: 16-17-119 NOTE: List all subcontractors you invited to bid on this project,whether they were selected or not,including those identified on the Schedule of Subcontractors. Submit this form with your bid.Use additional sheets if necessary. Company Contact Telephone Name Work To Be Performed Person Number 1. 2, 3. 4. 5. 6. 7. 8. 9. 10. Print Preparer's Dame: Title: Signature: Gate: ITB 16-17-119 47 Page 879 of 1256 ffA + t f Procurement DivisionlSmall Business Program �� ` 7 , . I i-5 l_. { {_ 401 clematis street,31d Floor `Y' West Palm Beach,FL 33401-4702 Tel.(561)822-2100 Fax(561)822-1564 Website: httuifwPtl.or /Depart eats/ProcuiomenUSrnalI-Business/Certilcalion (BI 2) Form Statement of Small Business Participation Instructions: List all Shall Businesses that will participate on this project/contract. Only City certified small_ businesses and Palm Beach County Office of Small Business Assistance (PBC-OSBAA) certified Small Businesses can be used to meet the goal established for this projecticontract. Submit this form with your bid/proposal. SECTION L General Information Bidder or Proposer's Name: Preparer's Name: Title ITB or RFP Title. Public Utilities Supplemental Workforce Project Number: ITB or RFP Number: 16-17-119 SB Goal (if established): 0% Total Base ProjectiContract Amount: $ SECTION IL Small Business Participation The firm(s) listed below have agreed to participate in this project or contract. Item Description or DollarPercent of Subcontractor Flame Work/Service to be Value Percent of a BiDolld Dollar Value performed Value Value/Base Bid Total Bid 1. $ %Q % 2. $ % % 3. $ % % 4. $ % % 5. $ % %n 6. $ % % TOTAL Preparer's Signature: Date: ITB 16-17-119 48 Page 880 of 1256 ��Stt$y G r} ippP f ;A 1 rvl B I- A I Procurement Division/Small Business Program 401 Clematis Strut,V Floor West Palm Beach,FL 33401-4702 Tel.(561)822-2100 Fax(561)822-1564 Website; ht t r'l L_urcalL7 irtrnantslProctreren Srnall-Busin ss/CertificatEon (813) Form B Letter of Intent Instructions: The Bidder/Proposer will complete Section I. The Small Business subcontractor will complete Sections 11 and III. It is the responsibility of the bidder/Proposer to verify that the undersigned is a City Certified Small Business. Only City of West Palm Beach or Palm Beach County Office of Small Business Assistance (PBC-OSSA) certified Small Businesses can be used to meet the goal established for this project/contract. This completed form will be required before contract award. Please note: This form is required for each certified Small Business selected. SECTION L General Information Proposer's Name: ITB or RFP Title: Public Utilities Supplemental Workforce ITB or RFP Number: 16-17-119 SECTION II. Small Business Participation The undersigned intends to perform the following work pertaining to the above project: Item No. Item Description or Work to be Performed Contract Amount SECTION III. Information on the Small Business Small Business Name: Preparer's Name: Title: Signature: Date: ITB 16-17-119 49 Page 881 of 1256 u q ' *It, Equal Benefits Certification This form must be completed and submitted with your firm's submittal/proposal/bid. Equal Benefits Ordinance. Section 66-9 of the City's Code of Ordinances provides that, with limited exceptions, when contracting for goods, services or construction in an amount of $50,000 or more, with persons or businesses with five or more employees that also provide benefits to employees' spouses and dependents, the City shall contract only with those persons or businesses that provide equal benefits to employees' domestic partners. Check only one box below: ® 1..The firm certifies and represents that it will comply during the entire term of the contract with Sec. 66-9 of the City's Code of Ordinances by providing benefits to employees' domestic partners equal to those benefits provided to employees' spouses and dependents; or ❑ 2. The firm does not need to comply with Sec. 66-9 of the City's Code of Ordinances because of an allowable exemption: (Check exemptions that apply): The firm's price for the contract term awarded is$50,000 or less. The firm employs fess than five(5)employees. The firm does not provide benefits to employees' spouses nor employees' dependents. The firm is a government entity. The contract is for the sale or lease of properly. Compliance would violate grant requirements or regulations of federal/state law. The contract is an emergency procurement or necessary to respond to an emergency situation. ❑ 3. The firm does not comply with Sec. 66-9 of the City's Code of Ordinances and does not have an allowable exemption. 1, (Print Name of Authorized Officer) (Title) of (Name of f=irm) hereby attest that I have the authority to sign this certification on behalf of the firm and certify that the above information is true, complete and correct. Signature: STATE OF COUNTY OF Sworn to and subscribed before me this day of 20 , by , as an act of_ (firm),who is personally known to me or produced the following identification: Notary Signature: Print Notary Name: Commission No. lTB 16-17-119 Page 8 � of 1256 7.D. BIDS AND PURCHASES OVER$100,000 2/19/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 2/19/2019 REQUESTED ACTION BY COMMISSION: Approve the purchase of replacement vehicles as approved in the FY2018/2019 budget in the estimated amount of$873,665.00 by utilizing the following contracts: Florida Sheriff's Association Contract#FSA18-VEL26.0, #FSA18-VEH16.0, and NJ PA/Sourcewell#022014-EVS for eight(8) vehicles. EXPLANATION OF REQUEST: The Fleet Administrator recommends the purchase of eight(8) vehicles for Police, Public Works, and Utilities as approved in the Fiscal Year 2018/2019 budget. Attached is a spreadsheet indicating vendor, number of units ordered, user department, bid/contract information and cost. Florida Sheriff's Association Contract#FSA18-VEH16.0 and#FSA18-VEL26.0 (Effective October 1, 2018— September 30, 2019) NJ PA/Sourcewell Contract#022014-EVS (Effective through March 18, 2019) The Fleet Maintenance Division intends to award the following vendors for purchase as follows (see attached Exhibit 1 for vendor details): 1. GHS Motorsports for three (3) units, two (2)for Public Works/Parks in the amount of$21,764.00 and one (1) for the Public Works/Fleet in the amount of$10,882.00. These units utilize the Florida Sheriff's Contracts #FSA18-VEH16.0. 2. Everglades Farm Equipment for one (1) tractor for Public Works/Parks in the amount of$32,300.16. This unit utilizes the Florida Sheriff's Contract#FSA1 8-VEH1 6.0. 3. AutoNation CDJ R for two (2) vehicles for Police in the amount of$55,995.00. These vehicles utilize the Florida Sheriff's Contract#FSA18-VEH26.0. 4. Orlando Freightliner for one (1) vehicle for Utilities in the amount of$108,467.00. This unit utilizes the Florida Sheriff's Contracts#FSA1 8-VEH1 6.0. (piece one) 5. Southern Sewer for one (1) sewer vac unit for utilities in the amount of$323,996.45. This unit utilizes the Florida Sheriff's Contracts#FSA1 8-VEH1 6.0. (piece two, body for piece one) 6. Environmental Products Florida for one (1) TV camera truck for Utilities in the amount of$320,260.21. This unit utilizes the NJ PA/Sourcewell Contract#022014-EVS. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? These eight(8) vehicles will be used throughout the City to provide services to our residents. FISCAL IMPACT: Budgeted Amount included in approved FY18/19 budget under Vehicle Maintenance account 501-2516-519-64-33. Page 883 of 1256 ALTERNATIVES: By deferring purchases, departmental maintenance cost and equipment downtime would increase. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: CONTRACTS VENDOR NAME: Various Vendors- see attached excel list START DATE: END DATE: CONTRACT VALUE: MINORITYOWNED CONTRACTOR?: No EXTENSION AVAILABLE?: EXTENSION EXPLANATION: Page 884 of 1256 ATTACHMENTS: Type Description D Attachment Agenda Attachment- Fleet Vehicles Purchased FY2018-19 Spreadsheet D Quotes Agenda Attachment- Florida Sheriff's Contracts A18-i! H16 for Vehicle's Listed#1 D Quotes Agenda Attachment- Florida Sheriff's Contracts A18-i! H16 for Vehicle Listed#2 D Quotes Agenda Attachment- Florida Sheriff's Contracts FSA18-VEL26 for Vehicle's Listed#3 Agenda Attachment- Florida Sheriff's Contracts D Quotes A18-i! H16 for Vehicle Listed#4 D Quotes Agenda Attachment- Florida Sheriff's Contracts FSA18-VEH16 for Vehicle Listed#5 D Quotes Agenda Attachment- NJ PA Sourceweel Contract 022014 for Vehicle Listed#6 Page 885 of 1256 r Oq CD N F' ci in inr� ca �+ Nr N Npf ca � r o ; W i i LO N ® e o ao 4- 0140 r m r r O e- w at r w (C) r r@f C4 co r® r N N L r L-f— I IC30 C2 CD 0 CD CD _ r ..... r co x CD 0 ca C30 0 V- 40 ° �t m ct e n r o: in r I c ® o e o o F- H J 0 ab a3 a6 d, m 0 f(i r Jei! ip Ip d qNq 061M a. WILL a W D O O Rf V o° a. m ) O � J a e r C a ' C !4 m o — c Ic r o C9 of r v w w c w o.2 _ V b Cs Z P O O m Q C m O C Y C E c i 7 CL Cc o LL. w 9 c �° W c e 7 FSA18-VEH16.0 ( Competitive Purchasing Program Pagel of 8 (https://www.face#gook.com/floridasheriffsassociation/) s t =h FLORIDA SHERIFFS �� ° ASSOC1ATiON , 1,111", (https://www.fisheriffs.org/) Become a Member (https:Hmembership.fisheriffs.org/2017-Membership-LP.html#Choose) About Sheriffs Programs Publications • Join Today(https://membership.flsheriffs.org/2017-Membership-LP.htmi) Renew Membership (https://membership.flsheriffs.org/2017-Membership- LP.html#Choose) PURCHASING PROGRAM Back to Main Purchasing Page (https://www.flsheriffs.org/law-enforcement- progra ms/cooperative-purchasing-program) FSA 18-VEH16.0 CAB & CHASSIS TRUCKS HEAVY EQUIPMENT Effective October 1, 2018 -- September 30, 2019 https://www.flsheri ffs.org/law-enforcement-programs/purchasing20l 8/cab-chassis-trucks-a... P�gf/280879 of 1256 FSA 18-VEH16.0 I Competitive Purchasing Program Page 2 of 8 The Florida Sheriffs Association first procured the Cab & Chassis and Heavy Equipment Contract in 2003. Since then it has grown to one of the premier large truck and equipment contracts for public works, parks and recreation, educational institutes and many others. For details of the products available, review the category you are seeking to purchase. Simply select the drop-down arrow and locate the vehicle of choice. The vehicle links will take you to pages that are solely dedicated to the bid award for that commodity. Continue to scroll the bottom of the page and find a link to all the bid supporting bid documents. 'FLORIDA ASSOCIATIONAss SHERIFFS ft' i I fly R'aF t, ORDERING INSTRUCTIONS (HTTPS://S3.AMAZONAWS.COM/FSA- PU RCHASIN G-2017/ORDERING-INSTRUCTIONS-V10-19-17.PDF) VENDOR DIRECTORY (HTTPS://WWW.FLSHERIFFS.ORG/UPLOADS/DOCS/16.0_AWA `Da. D_VENDOR_ Need Assistance? Email us at cpp@flsheriffs.org (maiito:cpp@flsheriffs.org) or call 850-877-2165 https://www.flsheriffs.org/law-enforcement-programslpurchasing2018/cab-chassis-trucks-a... Pa 9?/P&Aof 1256 PUBLIC WORKS DEPARTMENT QUEST FOR PURCHASE ORDER Date: j 1/04/2019 Account No.: 501-2515-591.64-33 P.O. : Justification: j FSA Contract specification# Nested ° Bill Dart De artment Head A rovl: ', Circle All that A_pp1 Division Head/Supervisor Approval: ptCa tla ° Fleet Replacing: Division Char ed: Replacement Other: Public Works Parks NEW Vendor: GHS Motors orfs o. Contact Person: Pai e Cowell Address: Fed I : City:: State: Fax : 863-699-2639 Phone: 863-699-2453 email paigehc@gmail.com TY PRICE UNIT DESCRIPTION ITEM# COLOR SIZE TOTAL $9,064.00 Each Polaris Ranger 5702 Green $18,128.00 $1,818.00 Each Options Per suote $3,636.00 I i i Price note Vendor Name TOTAL Page 889 of 1256 GHC Motorsports Call Vsfirst for all of your Powersports needs. PHONE(863) 699-2453 WWW,GHCMOTORSPORTS COM Carporaili 614 U.S. 27 South , Allalling 614 U.S.27 South office Lake Placid, FL 33852 Add ress Lake Placid, FL 33852 Direct 863-699-2453 Fax 863-699-2639 PURCHASE QUOS...^, SHEET H _ _. FSA18-VEH16.0 Cab & Chasis Trucks & Other Fleet Equipment DATE 12-Dec-52 PAGE 1 of 2 REQUESTING AGENCY: Citic ofBovnton Beach CONTACT PERSON: William Dart PHONE NUMBER: 561-742-6215 FAX NUMBER: E-ma DartyMbbfl.us 2019 Polaris Ranger 570 570ec14x41Automatic MODEL: R19RMA67B1 SPECIFICATION# 2 111 be 1n Pre 11, CENTRAL BASE PRICE: $911 ,064.00 OPTION# DESCRIPTION COST 2883318 Full Windshield Installed $418.00 FT-5Roofmidrgr Aluminum Roof _ Installed $549.00 155809 Rear Receiver Hitch Installed $59.00 2879969 Mirrors - Installed $79.00 SPARE Sliare_Ke _ 16.00 2880057 Power Lift Carpo Box Installed $697.00 TOTAL OF OPTIONS: $1,818.00 EXTENDED WARRANTY: SUB TOTAL $10,882.00 TAX Tax Exempt FLORIDA REGISTRATION Self Register [QTY 1 - $10,882.00 Page 890 of 1256 I appreciate the opportunity to submit this quotation. Please review it carefully. If there are any errors or changes please feet free to contact me at any time, 1 will be happy to assist you. Comments: Cowell Powersports,d/b/a GHC Motorsports FEID#58-3024162 VEHICLE QUOTED BY: Pai e Cowell 863-699-2453 "7 Want to be Your Powersports Provider" Paigeghc@gmail.com Page 891 of 1256 4 r EN X51 rs-. FLORIDA 1COUNTIES Assoc IATIOs or All About R A to FLORIDA SHERIFFS ASSOCIATION & FLORIDA ASSOCIATION OF COUNTIES Name of Dealership 'Type of Vehicle Zone ase Unit Price OFF-ROAD IJTII,IIY VEH1 L -_4 WHEE RIVE e i ation# 2 Bobcat Company 2019 Bobcat 3400 UTV Western $14,994.20 2419 Bobcat 3404 UTV Western -NB-- Bobcat Company 2019 Bobcat 3400 UTV Northers 10,994.20 2419 Bobcat 3400 UTV Northern --NIS,-- Bobcat Company 2019 Bobcat 3400 UTV Central $10,994.20 2019 Bobcat 3400 UTV Central --NB-- Bobcat Company 2019 Bobcat 3400 UTV Southern $10,994.20 20I9 Bobcat 3400 UTV SOLtthern --N13-- Jeffrey Allen,Inc. 2019 Club Car Carry All 1500 C Western .$11,445.2.5 2419 Club Car Carry All 1500 G Western --NIS-- Jeffrey Allen,Inc. 2019 Club Car Carry All 1500 G Northern $11,245.25 2019 Club Car Carry All 1500 G Northern --NB-- Jeffrey Allen,Inc. 2019 Club Car Carry All 1500 G Central $10,845.25 2019 Club Car Carry All 1540 G Central --N13-- Jeffrey Allen,Inc. 2019 Club Car Carry All 1500 G Southern $10,845.25 2019 Club Car Carry All 1500 G Southern --NB-- Cub Cadet 2019 Crab Cadet 550 Western $9,774.00 2019 Cub Cadet 554 Western --NB-- Crab Cadet 2019 Cub Cadet 550 Northern $9,774.00 2€819 Cub Cadet 550 Northern --NB-- Cub Cadet 2019 Cub Cadet 550 Central $9,774.00 2019 Cub Cadet 550 Central --NB Y- Cub Cadet 2019 Calk Cadet 550 Southern $3,774.0[8 2019 Cub Cadet 550 Southern --NB-- ARS Powersports 2019 Honda Pioneer 700(SXS700Nf2K) Western $10,210.00 AL -GIIC'.Motorsports 2019 Honda Pioneer 700(SXS70OM2K) Western $.10,275.00 AILS Powersports 2019 Honda Pioneer 740(SXS7001k12K) Northern $10,410.00 Page 892 of 1256 ALT-GHC Motorsports 2019 Honda Pioneer 7090(SXS7OOM2"K) Northern $10,160.00 ARS Powersports 2019 Honda Pioneer 700(SXS7OOM2K) Central $9,810.00 ALT-GHC Mmorsports 2O19 Honda Pioneer 700(SX 7OOM2K) Central $9,960,00 ARS Powersports 2019 Honda Pioneer 700(SXS7OOM2K) Southern $9,810.00 ALT-GHC Motorsports 2019 Honda Pioneer 700(5 70OM2K) Southern 9,960J)O 2019 Jahn Deere Gator HPX615E Western --NE-- 2019 John Deere Gator HPX6I SE Western --NB-- 2019 Jahn Deere Gator I-IPX615E Northern --NB-- 2019 John Deere Gator FfPX615E Northern --NB Everglades Equipment Group 2019 Jahn Deere Gator I-IPX61 5E Central ,$9,950.069 2019 Jahn Deere Gator HPX615E Central --NB -- Everglades Equipment Group 2019 John Deere Gator IIPX615E Southern $9,950200 2019 John Deere Gator HPX615E Southern -- NEB-- ARS Powersports 2019 Kawasaki Mule 4010 4X4 Western $$9,577.00 201.9 Kawasaki Mule 4010 4X4 Western --N -- ARS Powerspons 2O19 Kawasaki Mule 4010 4X4 *Northern $9,377.00 2019 Kawasaki Mule 4010 4X4 Northern --1_ B-- ARS Powersports 2019 Kawasaki Mule 4010 4X4 Central $9,077.00 2019 Kawasaki Mule 4010 4X4 Central ---NB-- ARS Powersports 2019 Kawasaki Mule 4.010 4X4 Southern 599077.00 2019 Kawasaki Mule 4010 4X4 Southern --NB-- Ridge Equipment Co., Inc. 2019 Kubota Diesel(R"I'VX9OO) Western $10,483.00 ALT-Creel"Tractor 2019 Kubota Diesel(RTVX9OO) Western $10,890,00 Futeb's Tractor Depot 2019 Kubota Diesel (RTVX9OO) Northern $9,696.00 ALT-Ridge Equipment Co.,Inc. 2019 Kubota Diesel(RT'VX9OO) Northern $9,983.00 Fut h's Tractor Depot 2019 Kubota Diesel(RTVX9OO) Central $9,696.009 ALT-Ridge Equipment Co,Inc. 2019 Kubota Diesel(RTVX9OO) Central $9,983.00 Ridge Equipment Co.,Inc. 2019 Kubota Diesel(RTVX9OO) Southern $10,233.00 ALT-Creel Tractor 2019 Kubota Diesel(RTVX9OO) Southern $10,358.00 Federal Contracts Corp 2019 Mahindra Retriever UTA`75OP Western .$11.029.009 2019 Mahindra Retriever UTV 75OB Western __NB-- Federal Contracts Carp 2019 Mahindra Retriever UTV 75OP Northern $11,029.00 2019 Mahindra Retriever UTV 75OB Northern --NB-- Federal Contracts Corp 2019 Mahindra Retriever UTV 75OB Central $11,029.00 2019 Mahindra Retriever UTV 75OP Central --NB-- Federal Contracts Corp 2019 Mahindra Retriever UTV 75OB Southern $11,029,00 2019 Mahindra Retriever UTV 750B Southern --NIB-- Page 893 of 1256 GHC Motorsports 2019 Polaris Ranger 570 EFI Western $9,565M (RORMASM) ALT-ARS Powersports 2019 Polaris Ranger 570 EF1 Western $9,859m (Rl9F,N,IA57BI) GHC Motorsports 2019 Polaris Ranger 570 EFI -Northern $9,433.00 (R1 RNIA57131) ALT-ARS Powersports 2019 Polaris Ranger 570 EFT Northern $9,459.00 (Rl9RA.IA57B1) GHC Motorspoils 2019 Polaris Ranger 570 EFI *Central $9,064.00 (R19RMA57131) ALT-ARS Powersports 2019 Polaris Ranger 570 EFI Central $9,259,00 (Rl9RMA57BI) GHC Motorsports 2019 Polaris banger 570 EFI Southern $9,064.00 (RORMA57131) 2019 Polaris Ranger 570 EFT AIT'-.ARS PGwersports..... ....... .. ....... .......................... �klokmmml.j........... . . ............ Southern $9,259.00 GI-IC Motorsports 2019 Yamaha Viking(YXM70VDXK) Western $10,997.00 ALT-ARS Powersports 2019 Yamaha Viking(YXM70MXK) Western $11,390.110 GHC Motorsports 2019 Yamaha Viking(YXM70VDXK) Northern $10,797.00 ALT-ARS Powersports 2019 Yamaha Viking(YXN17OVDXK) Northern $10,990.00 GHC Motorsports 2019 Yamaha Viking(YXM70VDXK) Central $10,763.00 ALT-ARS Powersports 2019 Yamaha Viking(YXM70VDXK) Central $10,790M GHC Motorsports 2019 Yamaha Viking(YXM70VDXK) Southern $10.763.00 ALT-ARS Powersports 2019 Yamaha Viking(YXM70VDXK) Southern $10,790.00 Page 894 of 1256 9 � 071 f,+ FLORIDA COUNTIES S A![About noridd FLORIDA SHERIFFS ASSOCIATION & FLORIDA ASSOCIATION OF COUNTIES OFF-ROAD UTILITY VEHICLES - 4 WHEEL DRIVE SPECIFICATION #2 2019 Polaris Ranger 570 EFI (R19RMA57131) ......... ......... ........ ......... ......... ......... ......... ......... . .. . ..... ........_ ................. _. ..... ............. .......... .. ... _.... Fie T'olaris Danger 5704 EFT(R19T IA57I11)purchased through This contract conies with all the standard equipment as specified by the manufacturer for this model and F'SA's base vehicle specification(s)requirements which are included and made a part of this contract's vehicle base price as awarded by specification by zone. ZONE: Western Northern Central Southern BASE PRICE: $9,565M $9,433.00 $9,064.00 $9,064,00 Whale the Florida Sheriffs association and Florida Association of Counties have attempted to identify and include these equipment items most often requested by participating agencies for fit]] size vehicles,we realize equipment needs and preferences are going to vary from agency to agency.In an effort to incorporate flexibility into our program,we have created specific add/delete options which allow the purchaser to'tailor the vehicle to their particular wants or needs. The following equipment delete and add captions and their related cost are prov=ided here to assist you in approximating the total cost of the type vehicle(s)you wish to carder through this program. Simply deduct the cost of any of the following equipment items you wish deleted from the lease unit cost and/or add the cast of any equipment items you wish added to the base unit cost to determine the approximate cost of the type vehicle(s)you wish to order. NOTE:An official listing of all add/delete options and their prices should be obtained from the appropriate dealer in your zone when preparing your order,additional add/delete options other than those listed Dere may be available through the dealers,however,those listed here must be honored by the dealers in your zone at the stated prices. Page 895 of 1256 VEHICLE- Ranger 570 EFI(R]9RMA57B I) DEALER: GHC Motorsports Glic bdotorsports GHC Motorsports GHC Motorsports ZONE: -*Western Northern *Central *Southern BASE PRICE: $9,565,00 $9,433,00 $9,064,00 $9,064.00 Order Code Delete Options All Zones 1 19R,N4A5013 Delete Options-Specify $69.00 MODEL DOWNGRADETO RANGFR 500 SE4TS2 CEiV7RAL=$69,IYO£)7HERA(-S70,�101?71]LILq-$453 R'RVTERN=$566 Delete Options-Specify NA Delete Options-Specify NA Order Code Add Options All Zones ................................ ......................................... ..........I.......... MODEL Additional Options-Specifjr '$1,23 1.00 UPGRADE RANGER570 FFH,1,,V17ER19R(,AS7A SF,4TS3CFNTRf1.m-V,231 ,;OTIII'HL,RN-51,234jVOlZTIIEf?m-$96-% I TVESTERN49301 MODEL Additional Options-Specify $1,7:31,0011 UPGRADE P 11,'GEh,57,01HINSIZE CREFF R19RAIA57,B]S-E.47S 4 CENTRAL-$1,731 SOUTHERA41,732 NORTHERJNI=$L-162 ;V1,,'STFR.?V=$J.4.30 I MODEL Additional Options- Specify $2,731.00'' UPGRADE 1 -k-'I.)VGEI?570FLiLL-S]ZL'CkL'11'R]9RD,45,AISL.47,'�6('P.',%'IR.4L=$2.731,SOUTHFRN=$2,.,.?4 NORTHERV-52,462 WESTE1CV-$2,430 ENGINE Additional Options-Specify $3,331.001 UPGRADE RANOER 900XPR19RIA87.41 SEATS 3 CENTRAL=S3,331 SOUTHFP%N=$3,335 NORTHERN-$3,062 HIESTERN-$3,030 I ENGINE Additional Options- Specif y $4,631.00' UPGRADE RANGER 900 XP(.RETVR19Rf-A871A]SEATS 6('FtfTRIL=$4,6.31SOtiTfILP,,V -54,634,'V0RT11ETbNT-$4,362 ff"ESTERN44,330 I ENGINE Additional Options-Specify $6,431,00 UPGRADE RANGER 1060 ETS R19RRF99AI SEATS3 CFNTRAI, $6,431 SOUTHERY-$6,434 NORMERN $6,16? HEYTERAI�$6,130 I ENGIN F Additional Options-Specify $7231.001 JTPGRAD17 RANG ER 1000 EPS CREWGREEN R1916E99,111 SEA IS 6 CEYVTRAL{$7,231 SOUYYIPYRIV=r,,234 � NORTH ERX-$6,962 IVESTERY-s6,930 FNCifN,r-', Additional Options- Specify $8,431,00 UPGRADE PLINGE]?1000 EPS CREW RED OR kfiHTE R1 91d,499ASID SEA Y'S 6 CENYWAL-48,431 S011THFJLV=$8,434 NORTHEMV $8,162 WESTERAI-58.13f) TURFTIRE Additional Options-Specify $679.00' PACKAGE F7TS ALL MODELS(3.71137,13 70934) ALU MINU1,10 Additional Options- Specify $583,00' WHEELS I AL b'MIA11W WHE'ELS FITS ALL 110,' UNDERCOATING 1 Additional Options-Specify $496.00' b"r1'UNDFRC0A7'1,N1G,PACKAGE FORALL.410DELS WIFNT)SHIELD Additional Options-Specity $214.00 RS.,VGER500;1570,4111,)-SIZL,",ISI'OAIIIJ-,VZL,'('RL,:ITII,4L,F-1,VIA'L)SIIIEI�1)(2,VS332(1)=$214 FliLL.-SIZL,'.IFti'LL-,SIZECIZG7,VFLIL-1-M,f,kL)SIIIL,'LL(->876V.5c4)=$46,1P,4N(IAR90fi,VP,Igt)f)XP Page 896 of 1256 VEHICLE., Ranger 570 EFI(RI 9RNIA5 7B 1) DEALER: GHC Motorsports GHC Motorsports GHC motorsports GHC Motorsports ZONEi Western Northern *Central Southern BASE PRICE: $9,565.00 $9,433.00 $9,064.00 $9,064.00 ALUNUNTUM Additional Options-Specify $549,00' ROOF/BLACK r RANGER 500157(9,ifID-5'17F(FT-5ROOFAfIDRG1�)=$549 PUNGER 57(9 MID-SIZE CRE1V(FT-570CRE1V1?00F)-$,149 i�RANGER 900110f)O(F79R�t,')F)=$549R,,fAfCjER900CREF17l'IOOOCF(EFf,'(FT-9CRETfIROOF)-$749 ii PIL,YTOP Additional Options- Specify $37&00' P,4jVGE,q500l570A,Ilf)-.VZEI�)88-3236)-S378M4AI(fLI?57OA11L)-SIZL'C'I?EFVP2883238)=$588IMNC;jF'R570 Ft,rLL-SIZE(2877946)-$3581�INGL,'f1570FVLL-.S72EC,RL,'kk'(287875.51-$568X4NGEI?90011000XP(2882911)=$349 AICiER900CRET�110(IOCIdEV2883274)-$5881 WINCH Additional Options- Specify $69&00 1 CM,F(2881667)-$896 RANGER 1000,rP/100UP CRER(2882711)=S8961 REAR RECEIVER Additional Options-Specify 659m HITCH I 1;ITYALLAIODLIS(155809) I SPOTLIGHT I Additional Options- Specify $17UO", FRONTBUMPER Additional Options- Specify $299.00' RANGL,'R50f)1570A,I]L)-SIZE.,,'570A,I!D-,SYZL,-C'[?EW(2879973)m$299R,4N(;ER570l,'I!L,L-,VIZL,y570f"(.,'I,L-.vlz,l,,' CIE,T3'(2881662)-$258 ff. NGER 90(L '1901)11'CREP'(2878839)4299 PUNGER 100MR11000Al' CREW(288253i)-32991 REAR BUMPER Additional Options- Specify $258,00' IaNGER 504I1701671)MJD-SIZE CRL H,'�2879972)4258 IUNGER 900XP1900XP CREW(2878840)=$258 R,4NFR G 100e),.kl�IIOOOXI'CREW(2S825'-)9) . —5 MIRRORS Additional Options-Specify $74.00 RANGER'500.,"570157OAlID-S]ZL,'(.'I?EW1900XP,1900,YP('REII','IOOOXPIIOOOXPCRE'VRE4RI'IEW ,,i,fti?ROR(2879969)=374RANGER 90t1,YPI9(9t),YP(.-RI,K'SII)EAIII?ROR,V(150932)=$791 SPARE KEY Additional Options- Specify $16.00' .SPARE KI;Y I BACK UP Additao)nal Options-Specify $177,00' BEEPER ,RANGFR50i)1570157(1.AflD-SIZFc'RETI,'(2,480630)=$177R.4NCER900API90(JXI'C'IZOV(28762`8)-S)28DINGLE? 1000XI'11000-k-l'CREN(2883246)=$1521 HORN KIT' F Additional Options- Specify $162,00' RANGER 500.15701570,WID-SIZE CREFV(2879273)-$162 RANGER 900AP1900X['0?EFV(2x79273)=S1021uNGER 100ark/1000,11'CRE91(2882764)-S1621 FRONT HOOF` Additional Options-Specify $41 8.00' RACK I 90(1X1,/90(1X1'cREo,(2881459)-$418 RANGER 10OMP11000,YP CRPJv(2882690)4418 POWER LIFT Additional Options-Specify $697.00 CAIX RANGER 50015701570 MID-SIZE CREW(2880057)-$697 R,4.N'GFR 900,1"PI900,YP CRElf"(28,92291,,'2879388)-s.780 RANGER 1000,YP11000XP CREff'(2882895)=$795 Additional Options-Specify NA Additional Options-Specify NA Additionat Options- Specify NA Additional Options- Specify NA Additional Options-Specif}, NA Additional Options-Specify NA Additional Options-Specify NA Page 897 of 1256 � � . FL47E-A r. ,_ RrT�I7 ,9r; s• COUNTTES �.E _ -.— All About Florida FLORIDA SHERIFFS ASSOCIATION & FLORIDA ASSOCIATION OF COUNTIES OFF-ROAD UTILITY VEHICLES - 4 WHEEL DRIVE SPECIFICATION #2 2019 Polaris Ranger 570 EFI (R19RMA57B1) (Alternate Dealer Option) The polaris Ranger 570 EF^I(Rl 9RMA5713 1)purchased through this contract coupes with all the standard equipment as specified by the manufacturer for this model and FSA's base vehicle specification(s)requirements which are included and made a part of this contract's vehicle base]trice as awarded by specification by zone. ZONE: Western Northern Central Southern BASE;PRICE.- S9,859m $9,459.00 $9,259.00 $9,259.00 While the Florida Sheriffs Association and Florida Association of Counties have attempted to identify and include those equipment items most often requested by participating agencies for full size vehicles,we realize equipment needs and preferences are going to vary from agency to agency.In an effort to incorporate flexibility into our program,we have,created specific add/delete options which allow the purchaser to tailor the vehicle to their particular wants or needs, The following equipment delete and add options and their related cost are provided here to assist you in approximating the total cost of the type vehicle(s)you wish to order through this program. Simply deduct the cost of any of the following equipment items you wish deleted from the base fruit cast and/or add the cast of any equipment items you wish added to the base unit cost to determine the approximate cost of the type vehicles)you wish to order. NOTE:An official listing of all add/delete options and their prices should be obtained from the appropriate dealer in your zone when preparing your order.Additional add/delete options other than those listed here fray be available through the dealers,however,those listed here must be honored by the dealers in your zone at the stated prices. Page 898 of 1256 VEHICL•E: Ranger 570 EF1(RI 9RX-1A, 5713 1)(ALTERNATE DEALERS) DEALER: ARS Powersports ARS Powersports ARS,Powersports ARS Powersports ZONE: Western Northern Central Southern BASE PRICE- $9,859,00 $9,459.00 S11,2159.00 $9,259k() Order Code Delete Options All Zones XP 500 Delete Options-Specify $600.00 500cc 4X4 Red or Green Delete Options- Specify NA Delete Options-Specify NA Order Code Add Options All Zones MODEL Upgrade Additional Options-Specify $2;7£#0.0£1]... .. ......... UPGRADE TO 5 10cc FULL SIZE I Engine Upgrade Additional Options-Specify $4,840,00 f000ccxp I P/S Additional Options-Specify $1,000.001 UPGR4DE TO POWERSTURING TAN or CAMO Additional Options-Specify $800.001 PAINT UPGRADE I CREW Additional Options- Specify $1,500.00' UTGT"DETO CREW MODEL SEATS 6 NORTHSTAR Additional Options-Specify $9,000,00 IVORT HSTAR A/C PACKAGE I N ./IUD'FIRESI Additional Options- Specify $729.00' SL,'Y'CIF'4]TfP,oi,Af,4XXI,SMIJD,1,5ANE)Pj-i('elnclitdesln.vicill,ition 2881669 Additional Options-Specify $749.00' 3500,F& WINCH(need WIRE KIT opion)Pric e Includes Installenion 2881684 Additional Options- Specify $75,00 DRAWBAR Additional Options-Specify $58.00' HITCH 1 2"HITCH BALL WIPIN and DRA 418AR Price Includes installation ABA-2HR35-10 Additional Options- Specify $115.00 SPOTLIGHTPAC KAGE'(219086) 70,000C.4,VDLEPOWER 2879273 Additional Options-Specify $85,00 MOR,VKIT Price fnclzicleslnstsiiicl;ion 1 2880(331 Additional Options-Specify $98.00 BACK-UP ALARM Price Includes Installation KEY I Additional Options- Specify $14.00' EXTRA KEY IS CUSTOM CUT I UNDERCOATTING Additional Options-Specify $590.00' tf7'V117VDERC'OATINC;1-.4CK,AGE 2883236 Additional Options- Specify $360,00' POL),ROOF Price Includes Invallation 2882178 Additional Options-Specify $495.00' FLIP DOWN WIND-WHELD Price Includes installation Page 899 of 1256 VEHICLE: Ranger 570 EFT( l9RMA57B])(r1I,'I"ERINATE. ERS) AL ARS Powersports ARS Powersports ARS Powersports ARS Powersports ZONE: Western Northern Central Southern BASE PRICE. $9,859.00 $9,459.00 $9,259.00 $9,259M 2879973 Additional Options- Specify $295,00' F'RO,V['BRUSH GU,4RD Fa•ice Inehfdes Installtation 1 2879972 i;Additional Options-Specify $225.00', i REAR BRUSH GUARDS(EUr,1IPER)Price Includes Itnta Matron 1 2579977 Additional Options- Specify $269,1111 t BEL)Ea17ENDE'It DEVIDER Incracdes Installanan 1 2879969 t Additional Options-Specify $65.00'1 REAR VIEW MIRROR Grace Incha ks Instatloricrra 1 2880550 Additional Options. .Specify ... ........_ ...... .... ..................... ..... $225:Ot3!. _ ....... ... hROA'I,4-<iRMGLARDS Price Includes Installation � 2880551 Additional Options- Specify $225.00' PE,4Rjl,4RAI GUARDS P)�ice Iaactzrtles Installation 2880632 i Additional Options-Specify $309.00' Trailcrable Giver 2877033 , Additional Captions- Specify $329.00 CARGO BOX flock and rjdl)Pvic r Includes Installation 2880046 Additional Options-Specify $99.001 UNDER SEATSTOR.4GE ROX Price Includes Installation t 2879812 Additional Options-Specify $285M" REAR POLY WINDt7W Pr ice Includes Installation 1 2581784 t ;Additional Options-Specify $1,1110.1111, 77P OUT GLASS WINDSHIELD Face Includes Insiallarloaa 1 2881485 Additional Options-Specify $98.00" BED M-1 T Price Includes Installatian � 2881545 � Additional Options-Specify $30.00� L`JC'KA1b`D RIDE TIEDOI3`iV ICING PY-ice Iaac lratles Insttattatirn t 2882238 Additional Options-Specify $995m,; Polaris lzt PRC)HD 4,500 Lb. Which ivith Rapid Rope Recovery.(need WIREKIT ontian)Price Includes 1nsialknian I TITLE I Additional Options-Specify WAG' REGISTRAT70,V arzd TITLEONLY E Page 900 of 1256 PUBLIC WORKS DEPARTMENT REQUEST FOR PURCHASE ORDER ' Date: 1/15/2019 Account No.: 501-2515-591.46-30 P.O. #: Justification: � FSA Contract specification 4Requested By: Bill Dam Department Head, 1proval: Circle All that Appl�i Division Head/Supervisor Approval-.1 W I RF lw . Outlay Fleet Replacing: I Maintenance Other:Division Charged: Fleet NEW Vendor: GHS Motorsports No. Contact Person: Paie(Cowell Address: Fed ID CitF: State: Fax# 9-2639 Phone: 863-699-2453 paigehc@gmail.com QTY PRICE UNIT DESCRIPTION ITEM# COLOR SIZE TOTAL 1 $9,064.00 Each Polaris Ranger 570 2 Green $9,064.00 I $1,818.00 Each Options Per quote $1,818.00 ............................................ . ........................................... Price Quote Vendor Name TOTAL $10,882.00 Page 901 of 1256 r FLORIDA, y COUNTIES A!I A6au#F7oiida FLORIDA SHERIFFS ASSOCIATION & FLORIDA ASSOCIATION OF COUNTIES Name of Dealership Type of Vehicle Zone Base Unit Price OFF-ROAD UTILITY 'VEHICLES-4 WHEEL AVE(Specification 902) Bobcat Company 2019 Bobcat 3400 UTV Western $10,994.20 ................................................................ . . ......................................................................... 1019 Bobcat 3400 LJTV Western - - Bobcat Company 2019 Bobcat 3400 UTV Northern $10.994,20 2019 Bobcat 3400 UTV Northern --NB-- Bobcat Company 2019 Bobcat 3400 UTV Central $10,994.20 2019 Bobcat 3404 UTV Central --NB-- Bobcat Company 20319 Bobcat 3400 UTV Southern $10,994.20 1019 Bobcat 3400 IJ'fV Southern --NB-- Jeffrey Allen, Inc. 2019 Club Car Carry All 1500 G !Western $11,44515 2019 Club Car Carry All 1500 Ci Western --1°1B-- Jeffrey Allen,Inc. 2019 Club Car Carry All 1500 G ?Northern $11,245.25 2019 Club Car Carry All 1500 C Northern -- - Jeffrey Allen, Inc. 2019 Club Car Carry All 15050 C1 Central 510,1145.25 2019 Club Car Carty All 1500 G Central --NB-- Jeffrey Allen,Inc. 2019 Club Car Carry All 1 500 C Southern $109,845.25 2019 Club Car Carry All 1500 Ci Southern --NB-- Cub Cadet 2019 Cub Cadet 550 Western $9,774.00 20319 Cub Cadet 550 Western --NB-- Cub Cadet 2019 Cub Cadet 550 Northern $9,774.003 2019 Cub Cadet 550 Northern --NB-- Cub Cadet 2019 Cub Cadet 5503 Central $9,774.00 2019 Cub Cadet 550 Central - -- Cub Cadet 2019 Cub Cadet 550 Southern $9,774.€30 2019 Cub Cadet 550 Southern --NB-- ARS Powersports 2019 Honda Pioneer 700(SXS700102IC) Western 5101.210.001 ALT-GIIC Motorsports 2019 Honda Pioneer 700(SXS70OM2K) Western $10,275.00 ARS Powersports 2019 Honda Pioneer 700(SXS700M2") Northern $10,410.00 Page 902 of 1256 ALT-GHC Motorsports 2019 Honda Pioneer 7009(SX S700 M21K) Northern $10,160.00 ARS Powersports 2019 Honda Pioneer 700(SXS700XJ2K) Central $9'810 00 ALT-C'HC Motorsports 2019 Honda Pioneer 700(SXS701OM2K) Central $9,960.010 ARS Powersports 2019 Honda Pioneer 700(SXS7010M2K) Southern $9,810.010 ALT--CJ11C"Motorsports 20119 Honda Pioneer 700(SXS70OM2K) Southern $9,9609.090 2019 John Deere Gator X615E Western - 2019 John Deere Gator HPX615E Western --NB 20 -- 2019 John Deere Gator HPX615E Northern --NB-- 20119 Johns Deere Gator FIPX615E Northern --NE -- Everglades Equipment Group 2019 John Deere Gator HPX615E Central $9,9501.00 2019 John Deere Gator HPX615E Ventral --N -- Everglades Equipment Group 2019 John Deere Gator HPX615E Southern $9,950.00 .. ... ...... ......... ......... ......... ......... ....... _. ......... . .... .... ....... .. .. ... .. . 2019 Jahn Deere Gator HPX615E Southern --N13-- ARS Poaversports 2019 Kakxasaki Mule 401014X4 Western $9,577.00 2019 Kawasaki Mule 4010 4X4 Western --N -- ARS Powersports 2019 Kawasaki Mule 4010 4X4 Northern $9,377.00 2019 Kawasaki Mule 4010 4X4 Northern --N13-- ARS Powersports 20191Cawasaki Mule 4010 4X4 Central $9,077.00 201 Kawasaki Mule 4010 4X4 Central --NB-- ARS Powersports 20119 Kawasaki Mule 4010 4X4 Southern $9,077.00 2019 Kawasaki Mule 4010 4X4 Southern --NB-- Ridge Equipment Co.,Inc. 2019 Kubota Diesel(RTVX900) Western $10,483.0909 AL -Creel `Praetor 2019 Kubota Diesel (RTVX900) Western $10,890.010 F'utch's Tractor Depot 2019 Kubota Diesel(RTVX900) Northern $9,696.001 ALT-Ridge Equipment Co.,Inc. 20919 Kubota Diesel(RTVX900) Northern $9,983.00 F'utch's Tractor Depot 2019 Kubota Diesel(RI'VX900) Ventral $9,696.001 ALT-Ridge Equipment Co.,Inc. 2019 Kubota Diesel(RTVX900) Central $9,983,00 Ridge Equipment Co.,Inc. 20119 Kubota Diesel(RT'VX900) Southern $10,233.00 ALIT-Creel Tractor 2019 Kubota Diesel(R'' ;X90109) Southern $10,358.00 Federal Contracts Corp 2019 Mahindra Retriever 1JTV 7508 Western 511,0929.0909 2019 Mahindra Retriever UTV 750B Western --NB-- Federal Contracts Corp 2619 Mahindra Retriever UTV 75013 Northern $11,029.00 019 Mahindra Retriever UTV 7508 Northern e -- Federal Contracts Carp 2019 Mahindra Retriever UTV 750B Central $11,029.00 2019 Mahindra Retriever UTV 75013 Central --NB-- Federal Contracts Cog) 2019 Mahmdra Retriever UTV 750B Southern $11,029.009 20119 Mahindra Retriever UTV 750B Southern —NE-- Page 903 of 1256 GHC Motorsports 2019 Polaris Ranger 570 EF] *Western $9,565.00 (R 19RMA57B 1) ALT-ARS Powersports 2019 Polaris Ranger 570 EFI Western $9,859.00 (R19RMA57B 1) 2019 Polaris Ranger 570 EFI GHC Motorsports (R19RMA57B1) Northern $9,433.00 ALT-ARS Powersports 2019 Polaris Ranger 570 EFI Northern $9,459.00 (R19RMA57B]) GHC Motorsports 2019 Polaris Ranger 570 EFI *Central $9,064.00 (R 19RMA57B]) 2019 Polaris Ranger 570 EFI ALT-ARS Powersports Central $9,259 (RI9RMA57B 1) .00 GHC Motorsports 2019 Polaris Ranger 570 EFI ,t Southern $9,064.00 (R]9RMA57B 1) ALT=ARS Powersports 2019 Polaris Ranger 570 EFI )r (R19RMA57B1} Southern $9;259:00 GHC Motorsports 2019 Yamaha Viking(YXM70VDXK) Western $10,997.00 ALT-ARS Powersports 2019 Yamaha Viking(YXM70VDXK) Western $11,390.00 GHC Motorsports 2019 Yamaha Viking(YXM70VDXK) Northern $10,797.00 ALT-ARS Powersports 2019 Yamaha Viking(YXM70VDXK) Northern $10,990.00 GHC Motorsports 2019 Yamaha Viking(YXM70VDXK) Central $10,763.00 ALT-ARS Powersports 2019 Yamaha Viking(YXM70VDXK) Central $10,790.00 GHC Motorsports 2019 Yamaha Viking(YXM70VDXK) Southern $10,763.00 ALT-ARS Powersports 2019 Yamaha Viking(YXM70VDXK) Southern $10,790.00 Page 904 of 1256 i _1A FLORIDA} 1 'A °Ii All Abaut Ftori& FLORIDA SHERIFFS ASSOCIATION & FLORIDA ASSOCIATION OF COUNTIES OFF-ROAD UTILITY VEHICLES - 4 WHEEL DRIVE SPECIFICATION #2 2019 Polaris Ranger 570 EFI (R19RMA57B1) The Polaris Ranger 570 FFI(FtNRN''Wmt�purchased through this contract comes with all the standard equipment as specified by the manufacturer for this model and FSA's base vehicle specification(s)requirements which are included and made a part of this contract's vehicle base price as awarded by specification by zone. CINE: *Western Northern Central Southern BASF T'RIC'E: $9,565,t){f $9,4_1100 $9,064M $93(164,191} While the Florida Sheriffs Association and Florida Association iation of Counties have attempted to identify and include those equipment items most often requested by participating agencies for full size vehicles,we realize equipment needs and preferences are going to wary from agency to agency.In an effort to incorporate flexibility into our program,we have created specific add/delete options which allow the purchaser to tailor the vehicle to their particular wants or needs. The following equipment delete and add options and their related cost are provided here to assist you in approximating the total cast of the type vehicle(s)you wish to order through this program, Simply deduct the cost of any of the following equipment items you wisli deleted from the base unit cost and/or add the cast of any equipment itenis you wish added to the Kase unit cast to determine the approximate cost of the type vehicle(s)you wish to order. NOTE: An official listing;of all add/delete options and their prices should be obtained from tine appropriate dealer in your zone when preparing your order.,additional add/delete options other than those listed here may be Available through the dealers,however,those listed here must be honored by the dealers in your zone at the stated prises. Page 905 of 1256 VEHICLE: Ranger 570 EFI(RI 9RMA57B 1) DEALER: GHC motorsports G11C Motorsports GHC Motorsports GHC Motorsports ZONE: *Western Northern *Central *Southern BASE PRICE: $9,565.00 $9,433.00 S9,064.11O $9,064.00 Order Code Delete Options All Zones R19RMA50B Delete Options-Specify $69.00' AffiDE1.DOWN(RAL)F.TO,R,4 C;ER 500 s,,17:52 CENTR2L-569 SO LITIlEf?tV-$7OArOf?l'flp,'RN=$453 TYES7ERV=,1566 ij Delete Options-Specify NA Delete Options-Specify NA Add Oiatic�ns All Zones 1 MODEL Ij Additional Options- Specify $1,231,00" UPGRADE I RANGER 57(3 FULL SISI;R19RC115.7A SEATS3 CENML-SI,231 SOUTYERN-$1,234 NORMERN4962 WESTERN=S9301 MODEL Additional Options-Specify $1,731.001 UPGRADE R4N(IER570-4,flD-SIZEC'REd,t,'Rl9RiVA57L?ISL.,IIS4CE.ql'RAL=$I,731 SOI]7'Hk.RAI-$1,732A�C)RTHF,RV=$1,462 H,'ESTERN--S1,430 I MODEL Additional Options- Specify $2,731.00 UPGRADE lilt4NGLR570f-(JLL-SIZL,'(:'REWR19RL)A57,41,U.4T,56(-'FIVTRAL=,�,Z,751,501ITHETCNT--,,w2,734 0,R7f1E1LV-$2.462 WES7ERN42,430 ENGINE Additional Options-Specify $.x,331,00` UPGRADE P,4N(;L,R 900XP RIM.4817A] U,ADV3 CF?VTR4L�S3,331,5C)tITHEI?-k-53,335 NORTIIERN-93.062 WESIERN43,030 I ENGINE Additional Options-Specify $4,631.00' UPGRADE RANGER 900XP CREWR19RVA87AI STAT S6 CENTRAL-44,631 SOI,'TIIEItiV-$4,634.A(URT'IIL,RN-$4,162 Pf'E,5'7-P--RN=S4,330 I ENGINE Additional Options- Specify $6,431.€0' UPGRADE RANGER 1000 FPS R19RRF99111 SEATS3 CENTR-,IL-96,43]SO�J'rl]L'RN-$6,-134iVORI'rfL'I?A=$6.162 WESHRN=$6,1301 ENGE'4F- Additional Options-Specify $:1,231.011' UPGRADE 1 PLINGER IOOOEP,5C'AE4"GltEE,,NPRI916L,99,41 SEATS 6('EN'lR4L=$7,231,VOLJTHERN=,g7,234 NORTHERN-S6,962 PYESTERN-$6,9301 ENGINE Additional Options- Specify $8,431.0101 UPGRADE 1 IdArGEI?1000 EPS CIMWRED 012 W1117L R19RS,499ASIDSLAYS6(L,V7RA1.=$&43]S0U7'HFkv=53`.434 AFORTIIERAf-S,4,1621411,'SIL,'I21Nt-98,]3t)I TUIUTIRE Additional Options- Specify $679.00' PACKAGE HHS ALL A40DELS(3711371370934) ALUMINUM Additional Options- Specify $583,00' WHEELS I ALUVINUM WHFELS FITSALLMODELS UNDERCOATING Additional Options-Specify $496,00' [JTF[1A1nFRC0A'rTWGPACLIGE FOR ALL MODELS WINDSHIELD Additional Options- Specify $214.0(!' fdNGER501)1570AYID-SIZL,'IS7UAfID-SIZEC'RL,'W]1,4LF-GVIAII),tiHll,,7,i)(2,V83320)-$214 FULL 1411AIDSHIELL)(2-883318)-$41$FULLFOLD-DOWN RANGER 51-0 FULL-SIZE,,r,LTLL-,3]ZL,'CliEl,f'f"tJLL-PVIND-`IIIELL)(2876958)=N468 RAINUFR 900XP/900 A-P CRDv11j0(?01Y111j00()X11 CREW HALF FULL FOLL)-DOTf'.N'H,7AFf)SIIIELL)(2881919)-$5181 Page 906 of 1256 VEHICLE- Ranger 570 LEI(R19 A57I31) DEALER: GEIC motorsports GFIC Motorsports GNC Motorsports GIIC Motorsports ZONE- *Western Northern *Central Southern ASE PRICE: $9,565.00 $9,433.00 $9,064.0€1 $9,064.00 ALUMINUM Additional Options- Specify $549.001 ROOF'tI LACI( I P-4 VGLR 90011E 00(1,9ROOI-)�$549 RA ER gran CRA W11 0 a c°I� (F7'9CrPL �OO�-)=$749 .jr sGs01�=���� POLYTOI' i Additional Options m Specify $378.001 R3,'e'G—R 5500151.09 IIID-,SIZE(2883236)=,x;78 Rs)VCv ER 5701 1111)-SIZE CREW(2883238)-$588 fZ NrC,,fi 570 FULL-`,IZA'(2877916)=$358 R,Ij0'GER 57O FFfLL-97E C,kE''�t'(28787,55)-$568 f{.-1t4'C,Ef{90011 1300 P(-'882911)-$349 Rfsh'C;Ek 900 CREW11000 C"REff'(2883274)=$588] WINCH 1 „Additional Options- Specify $69&00� RANGER 50a570WD-SIZE/570 Af1D-SfZIa CRETV1570 FULL-,SIZR(288J669)=x$698 RANGLI?Jeff XR19V0 11' CREW(2881667)4896RANGER 1000,YP/1000AT CREW(2882711)=58961 'AR RECEIVER Additional Options m Specify 659.(101 HITC14 1 FITSALL AfC113ELS(1558`19) I SPOTLIGHT I Additional Options a Specify $178A0 FITSAL.1 M0DEL9(411A-211835-)ra=00) I FRONTBUMPER I Additional Options-Specify $299.001 RINGER 5001570 hf11D-SIZE1570 MIDSIZE CREW(2879973) RINIGE'FC 570 FULL-.S1ZE1570FULL-SIZE CGT'(288/662)-$258R4N ER900XP1900XPC"REW(2878839)=S'299RANGERI000XP/l0002V C'ItFs"FY'(288253))=$2991 REAR BUMPER 1 Additional Options- Specify $258.00� RANGER 5€0/5701570 AfID,SIZE CRE7V(28794")-:258 fGI GER 90AXP.1900A-P LrtEW(2878840)=9258 Ct,4.hr'GER MIRRORS i Additional Options-Specify $74.00' R,I.r1'C1ER 50015701570,k ILa=S'IZL Cf?EW190(i 411900,I C:r`IA'1fl'IO OXIIIIO()O-A7P C'CtI W RE.4Rt'1EW 1f1RR0R(2 79969)=,S74RANGER 9(Pd11`F'r900tF''ftEWSIL)E.kfiRf1ORS(150932)_$741 SPARE KEY I Additional Options s Specify 516.00] SPARE KEY] BACK UP Additional Options-Specify $177.00' BEEPER R 1 RANGER 50015701570 AIID-SIZE C'RA7Y(2880631)41771'$I4GERt 911f.VP/900.V_f'C'RF'R'(287622,')=$128 kANGER 100(1 P11060XP ClyJU28832 t6)=$152] HORN KIT" i Additional Captions- Specify 5,162.001 RMA'GER 5OW5701570 M1L741ZE'ta'RFff(287927.3)-d62 R,-I NGER 900.LP1900XP C RE97(28792739-$1621#ANGEt 1000XP/100 .VP CRE1V(288276.1)=$1 C,a'1 FRONT HOOF Additional Captions-Specify $418.001 RACK 1 R4N'(.;E,R900XP1900XPC°REFF('25814'59)®$418Rt%FC=EIC10002kIIOO()lPCf1EW(2682690)_$4181 POWER LIFT Additional Options a Specify $697,00' CARGO BON 1 RiArGER 5001570157(7 f}1fD=SIZA CRL,FY'(m)3L50057)-$6)7 RANG'E'R 9tt41XP19(10YP C'REFt-'(2882291,%2879388)=$,Sso MAIGER 1000YP/1000XP CRE3`(28R2895)=,$745] Additional Options®Specify NA Additional Options m Specify NA Additional Options a Specify NA Additional Options- S eci#y NA Additional Options.- Specify NA Additional Options-Specify NA Additional Options m Specify NA Page 907 of 1256 E,4A"Vg i f'11 f-x YPn FLORIDA COUNTIES A!I About Florida FLORIDA SHERIFFS ASSOCIATION & FLORIDA ASSOCIATION OF COUNTIES OFF-ROAD UTILITY VEHICLES - 4 WHEEL DRIVE SPECIFICATION #2 2019 Polaris Ranger 570 EFI (R19RMA57B1) (Alternate Dealer Option) The Polaris Ranger 570 EF1( 19 4_x.5713l)purchased through this contract comes with all the standard equipment as specified by the manufacturer for this model and PSA's base vehicle specification{s}requirements which are included and made a part of this contract's vehicle base price as awarded by specification by zone, ZONE: Western Northern Central Southern BASE PRICE: $9,859.00 $9,459.00 S9,259M $9,259.00 While the Florida Sheriffs Association and Florida Association of Counties have attempted to identify and include those equipment items most often requested by participating agencies for full size vehicles,we realize equipment needs and preferences are geeing to vary from agency to agency,In an effort to incorporate Flexibility into our program,we have created specific add/delete options which allow the purchaser to tailor the vehicle to their particular wants or needs. The following equipment delete and add options and their related cast are provided here to assist you in approximating the total cast of the type vehicle(s)you wish to orderthrough this program.Simply deduct the cost of any of the following equipment items You wish deleted from the base unit asst and/or add the cost of any equipment items you wish added to the base unit asst to determine the approximate cost of the type vehicle(s)you wish to order. NOTE:An official listing of all add/delete options and their prices should be obtained from the appropriate dealer in your zone when preparing your order.Additional add/delete options other than those listed here may be available through the dealers,however,those listed here must be honored by the dealers in your zone at the stated prices. Page 908 of 1256 VEHICLE: Ranger 570 EFI(RI 9RMA57B 1)(ALTERNATE DEALERS) DEALER: ARS Powersports ARS Powersports ARS Powersports ARS Powersports ZONE: Western Northern Central Southem BASE PRICE: $9.859.00 $9,459.00 $92159.00 $9,259.00 Order Code Delete Options All Zones XP 500 Delete Options-Specify $600.00' 500ce 4,V4 Red or Green Delete Options-Specify NA Delete Options-Specify NA Order Code Add Options All Zones MODEL Upgrade Additional Options-Specifly S2,700;00 t UPGRADETO 570cc FULL SIZE' I Engine Upgrade Additional Options- Specify $4,840.00 l000ccxp P/S Additional Options-Specify $1,000.00 UPGRADE TO POWER STEERING TAN or CAMO Additional Options- Specify' $800m1 )--W.,VTUPG1t4Df I CREW !'Additional Options-Specify $1,500A0t li UPGPL4 DE TO CRE W MODE 1 SEA TS 6 NOR THSTAR Additional Options-Specify $9,000.00 NORTHMRAICPACKAGE I MUD TIRES Additional Options-Specify $729.00 2881669 Additional Options-Specify $749.00' 35001b. WINCH(i?eed WIRE KIT option)Price Includes Installation 1 2881684 Additional Options- Specify $75.00' WIRE KITfor PVINCTI Price htchedes Installation DRAWBAR Additional Options-Specify, $58m1 HITCH 1 '2"HITCH BALL KPIN and DP.,1 ffT,4R Price Includes Installadotj ABA-2H 35-10 Additional Options-Specify $115.001 1.: SPOTLIGHT A4CK4GE(219086) 70,000 CANDLEPOWER 2879273 Additional Options- Specify $85.00 I-IORNK17'Pi-icelnchaeleslnstalleilion 2880631 Additional Options-Spccif� $98,00, BAC'K-L,'PALARMI't-iceltichfdeslj,istallation KEY I Additional Options- Specify $14.00' LEWRA KEY IS CUSTOM CUT I UNDERCOATING Additional Options-Specify $590.00' !'IT'VLfA;DERC,'OATI,NIGP.4(-'KAGE 2883236 Additional Options-Specify $360.001 POLY ROOF'Price hwhiJes Installation 2882178 Additional Options- Specify $495.00' FLIP DOWN WINDSHIELD Price Includes Installation Page 909 of 1256 VEHICLE: Ranger 570EF1 (1119RMA57[.SI)(ALTERNATE DEALERS) DEALER: ARS Powersports ARS Powersports ARS Powersports ARS PoNversports ONES Western Northern Central Southern BASE PRICE: $9,859.00 $9,45%00 $9,259.00 $9,259M 2879973 i Additional Options-Specify $295M' FROA'7'BRUSHGUAR DSPi-icelyreIRtdeslristattaiiorr 2879972 I Additional Options-Specify, 25.00'11 REAR BRUSH GU-IRDS(BUMPER)Price Includes Installation 2879977 Additional Options-Specify $269.00' BED EX7ENDL`R/DE9,7DER Includes Installation 2879969 Additional Options-Specify $65M REAR f YEW MIRROR Price Includes Ino allanon 2-880550 Additional Options=Specify $225,00' FRONTA--4RItGE,,,4RD,5Picefnclu,,Ieslfpstallation 2880551 Additional Options- Specify $225M1 ; Rk..,fRIl-,4RMGU.,IRDSPiicelncizidesinstallatioti 2880632 Additional Options-Specit, $309.00' D-ailerable Cover 1 2877033 Additional Options- Specify $329M3:: CARGO BOX(lock and ride)Price lywhide.s Installation 2880046 1 Additional Options-Specify 599.001 UNDERSEA T ST01UGE BOX Price Includes Installation 2879812 Additional Options- Specify $285M REAR POLY WIND OWPrice Incl;udes Installation 2881784 Additional Options-Spccify TIP OUT GLASS WINDSHIELD Price Includes Installation 2881485 Additional Options- Specify $98.00 BED MAT Price Includes Installation 2881545 Additional Options-Specify $30.00' LOCK AND RIDE TIEDOWN,RING Price Includes Insiallation 2882238 1 Additional Options-Specify $995.00 Polarise PRO HD 4,500 Lb. Mitch with Rapid Rope Recovery. (need WIRE KIToption)Price Includes Installation TITLE I Additional Options- Specity $45M REGISTRATION and TITLE ONLY Page 910 of 1256 FSAI 8-VEH 16.01 Competitive Purchasing Program Page 1 of 8 (https://www.facebook.com/Yloridasherlffsassociation� e, 1;'Nr FL IFF ' ASSOCIATION (https://www.fisheriffs.org6 Become a Member ( .H r i .fl ri . r / - r i - I ) About Sheriffs Programs Publications Join :// a rs i , ri r - r i - I Renew Membership s:// r i ri 1 - r hi - . I hos PURCHASING PROGRAM, c Back to Main rc i ( :// . i ri r /I - of r - r r /c r i - ur i - r r FSA 18- EH 16,0 CAB B CHASSIS TRUCKS AND HEAVY EQUIPMENT Effective October 1, 2018—September 30,2019 https://www.flsheriffs.org/law-enforcernent-programa/purchasing2Ol8/Cab-chassis-trucks-a... P of 1256 FSAI 8-VEH 16.01 Competitive Purchasing Program Page 2 of 8 The Florida Sheriffs Association first procured the Cab & Chassis and Heavy Equipment Contract in 2003. Since then it has grown to one of the premier large truck and equipment contracts for public works, parks and recreation, educational institutes and many others. For details of the products available, review the category you are seeking to purchase. Simply select the drop-down arrow and locate the vehicle of choice. The vehicle links will take you to pages that are solely dedicated to the bid award for that commodity. Continue to scroll the bottom of the page and find a link to all the bid supporting bid documents. 0-1 FLOW SHERIFFS M CIATION q, 'kv ORDERING INSTRUCTIONS (HTTPS://S3.AMAZONAWS.COM/FSA- PURCHASING-2017/ORDERING-INSTRUCTIONS-V1O-19-17.PDF) VENDOR DIRECTORY (HTTPS://WWW.FLSHERIFFS.ORG/UPLOADS/DOCS/16.0—AWARDED—VENDOR- Need Assistance? Email us at cpp@flsheriffs.org (malito:cpp@flsheriffs.org) or call 850-877-2165 https://www.flsheriff-s.org/law-enforcement-programs/purchasing2Ol8/cab-chassis-trucks-a... Paw/ki;of 1256 PUBLIC WORKS DEPARTMENT QUEST FOR PURCHASE ORDER 1102/2019 .: 501-2515-591. : s ' Con ti 4'. . ",uested By: i Dari v �zrhnent Head ApErovals. Circle All thatApply -. Division Head vr " _Fleetblip _ DMsion Chas .::1 tOth Facilities/StreetsReplacing: 8032 i Vendor: Everglades Farm Equijur ent Na. Contact Person: De--Andres Jackson Address: Fed ED#: it's: : : 561-214-3781 a DESCRIPTIONQTY PRICE UNIT 1 $42,50000 EachJohn Deere 1 OOM $42,500.00 tractor 26 GT= -$2L400 Each Downorlide to 55 Vq) Per Iuote 1 $11,200.16 Each Options Per quote $11,200.16 Quote __V dor Name TOTAL ,300.16 Page 913 of 1256 FLORIDA SHERIFFS CONTRACT QUOTE i _. . BeachA d.__.�............ _r CHIT 81101m,ZIP: s�Yr Egan, FL 33435 CIWBbftyjp: Contact He=. II Dorr- Contact N _. Phoere; 561-74248215 Phone;a t l t JUMMUHICahl OLD. i101JUIEB1213I.D. : Je :661-214-3781 kson Florida Sherift Contract Daft-1 FSAW-VEHI&O EffedimDoft: Cc 1, 1 r 0,2011@ =1111=011 Off NOR n 1111=2112MOMMIMAL221111M ... r d Da on P Uno price e n J 00 11055E. 3s STD 56HP OPEN STATION,2WO, O a��n ^ 1. _�.WAOOAM6 213 TRANS.R7 Thus,1 REAR SCW l I JOYSTICK HYDRAULIC JOY87ICK CONTROL Add Option 1 p sum FOR T pijc n 1 O 0 0 _ - �_... �.CANOPY _FOR OPEN STATION Add Opoon 1 57600 $ 1176.00 ® . 7n D TRACTORS � E 8163284 71 CONSTRUCTION GRADE Non-Spee�i, 0tar� 7 �i 910 d4 I $ 18 a ... BOX BLADE _ 1o%aN MSRP t i $ $ „..... '.. $ $ �I I ul r3+8 ,� 0.16 ET; 6 PlusNon-John Doom.I ul r -AI 1d a AmmiaiI I Lose Tmd@4nil BI $ ] Subbiall, $ 32,300.16 Municipal ? yes No Contract# Plus T (6 applicable RaftII ? Y Contract# �.. .... �' I I ous F s,M aP-___... _ i j Authorized Delivering Dealer of the Florida Sheriffs Contract� 1 - 16.0 tt -...� withporch_ Total Contract Price $ 32,300.16 form ,Please submit this foalong with the rurchalae order. tax exemr��1�alawae submit tax fxaml��lon osrtlficata un:haae order. nN Page 914 of 1256 ti W QA AUAb=1Mwi& FLORIDA SHERIEFFS ASSOCIATION & FLOREDA ASSOCIATION OF COUNTIES Name of Dealership Tyof Vehicle Zone a se Unit Price AURICUL331BE IM_® EEL.MOM1(S eci cet an#20 2019 Case11 - — .............................................................................................................................................................................................. ......................................................... 2019 Case 1H Farmall1 e -- 2019 I IO -.10- 2019 all I OOC NorthernNB— 2019 CaseIII OOC C - — 2019 Case lH Formal] 1 OOC Central - 1 1 1 OOC Southern 2019 Case IH Farmall1 OOC Southern Ring Power Corporation 19 Challenger MT455 Western $91,642.00 2019 Challenger455 western -.10— Ring Power Corporation 2019 all 455 $91,642.00 19 Challenger MT455 Northam — -- Ring r Corporation 2019 ChallengerS Central $91,642.00 2019 all 5 -.10— Kelly Tractor Co 2019 Challenger MT455 ,74 .00 2019 Challenger55 Southern — 2019 John 510 - — 2019 John Deere 51 OOM Western —NB— 2019 a 5 100M Northern — — 2019 John Deere 5I OOM Northern --NB— Everglades i t Group 2019 John510 $42,500.00 2019 Jon Deem 510 ..NB— Everglades Equipment Group 2019 a 51 OOM Southern $42,500.00 2019 John Deere 51 OOM Southern - -- Ridge iCo.,Inc. 2019 M5-091 *Western 31,7 4.0 2019 M5-091 western —NB Futch's Tractor Depot 2019 Kubota M5-09I *Northern , 1. Page 915 of 1256 ALT-Ridge Equipment Co.,Inc. 2019 Kubota M5-091 Northam $31,594.00 Fetch's Tractor Depot 2019 Kubota M5-091 *Central $29,991.00 ALT-Ridge Equipment Co.,Inc. 2019 Kubota M5-091 Central $31,594.00 Ridge Equipment Co.,Inc. 2019 Kubota M5491 *Southern $31,794.00 ALT-Creel Tractor 2019 Kubota M5-091 Southern $32,258.00 Federal Contracts Corp 2019 Mahindra mForce 105 S Western $59,163.00 2019 Mahindm mForce 105S western --NB— a Contracts Corp 2019 Mahindra mForce 105S Northam $59,163.00 2019 Mahindra,mForce 105S Northern —NB— Federal Contnacts Corp 2019 Mahindra mForce 105S Central $59,163.00 2019 Mahindra,mForce 105S central --NB.. Federal Contracts Corp 2019 Mahindra mForce 105S Southern $59,163.00 ...... ..................... . 1036. am .............................. 2019 Massey Ferguson 4709 Western NB— 01 Massey Ferguson 4709 Western NB-- 2019 Massey Ferguson 4709 Northern - 2 1 O—2019 Massey Ferguson 4709 Northam Kelly Tractor Co 2019 Massey Ferguson 4709 Central $35,967-00 2019 Massey Ferguson 4709 central ..NB— Kelly Tractor Cc 2019 Massey Ferguson 4709 Southern $35,967.00 2019 Massey Ferguson 4709 Southern --NB-- Creel Tractor 2019 New Holland Powerstar 100 Western $41,290.00 2019 New Holland Powerstar 100 Western ..'M— C 1 Creel Tractor 2019 Now Holland Powerstar 100 Northern $41,139.00 2019 Now Holland Powerstar 100 Northern ..NB-- Creel Tractor 2019 New Hollowerstar 100 Central $40,780.00 2019 New Holland Powerstar 100 Central —NB— el Tractor 2019 New Holland Powerstar 100 Southern $40,590.00 2019 New Holland Powerstar 100 southern --NB— Page 916 of 1256 ' ":tea & FLOREDA ASSOCIATION OF COUNTIES AGRICULTURE TYPE TRACTOR l 2 WHEEL DRIVE) SPECIFICATION #26 2019 John Deere 5100M - ..................................................... .......................................................................--...................................-----..............---- ........................................... J 1 @s ct comes with all the standaM equipment as specified u r this model and FSA's base vehicle eci c 'on(s)requirements whichincluded i is vehicle base price e specification by zone. western NorthernContra] Southern PRICE:BASE --No bid-- --No bid— $42,500.00 $42,500.00 While ri Association to 'da Association of Counties have attempted to identify and include os equipment items most often requested by participatingagencies r fall size vehicles,we realizeequipment needs and preferences are going vary from agency to agency.In an effbrt to incorporate flexibilityt our program,we havec specific a el a options which allow the purchaser to tailor the vehicletheir particular wants or needs. The following equipmentel options and their related cost am providedassist you in approximating the total cost of the type vehicle(s))you wish to order through this program.Simply deduct the cost of any of the followingequipment items you wish deleted fi-orn the base unit or add the cost of any equipment items you wish added to the base unit cost to determinee approximate a type vehicle (s)you wish to order. NOTE:An official listing of all add/delete s and their prices should i e appropriate dealer in your zone when preparing your order.Additionaladd/delete ions other than those listed v '1 l ,however,those listed ben must be honored by the dealers in your zone at the stated prices. Page 917 of 1256 VEHICLE: 5100M DEALER: Everglades Equipment Group Everglades Equipment Group ZONE: Western Northern Contral. soud= RASE PRICE: —No bid-- —Nobid— S42,500.00 S42.500.00 Western & Central Order Code Delete Options Northern&Southern 5055E 2 Engine,3 cylinder diesel,45 PTO BP @ 2200 RPM ($21,400.00)2, STD 55HP OPEN STATION,2W0,913 nUX%R1 TI RM I REAR SrV 2 Delete electronic 3 point hitch control NA Downgrade to bias ply tires NA ..................5.065�..2. 1 OptjqiMl.9q pm. 4qjq0.................................................................................... ...... ........ ................ ............................ STD 65HP OPEN STA TION,2 WD.913 TRANS RI TIRES,I RE4 R SCV 14 5075E Optional equipment delete ($16,700.00)2, STD75 POPEN STA TION,2 WD,913T S,I RrAR SCr 2 5075M 2 Optional equipment delete ($8,000.00)21 PREMUM 75HP OPEN STA 770M 2FM 1214 IRAN&fil FIRES.2 REAR SCVS 2 Western & Central Order Code Add Options Northern&Southern Upgrade to liquid cooled 4 cylinder diesel engine with minimum 84 PTO BF @ 2200 NA RPM 5115M-CAB 2 Model upgrade-specify $22,700.00"L' PREMUM 115 77 12 HP STD CAB,4WD,16116 POWER REVERSER TRANa 3 RE4R REA10T 2 6 'OE-CAB 2 Model upgrade-specify ES,A! PM $26,900.00 2 STD 120HP STD CAB,4WD.12112 POWER REVERSER IRAN&3 REAR REMOTE&)U TIRES 2 6145M-CAB 2 Model upgrade-specify $59,200.0021 PREMIUM 145HP BASIC CAB,4WD,16116 POWER REVERSER TRANS,3 REAR REMOTE&RI TIRES 2 CAB-STD Enclosed cab with heating and air con ditionin e� $11,300.002' 1 STD CAB FOR 5100MANDS 000M SERIES TRACTORS AIR SEAT 2 it suspension seat cab only $930.0021 AIR SUSPENSION SEATFOR 500OMSERIES 2 RADIO 2 AM/FM stereo with cassette andquartz clock $320.00 2 ,A1WFMNON S4FEL=CApABLE 2 2 REAR Rear washerhviper $510.00 WIPER 2 FOR CAB TRACTORS 2 4WD-M 2 4-wheel drive $6,700.002 4 WHEEL DRIVE FOR 51 AND 5000MSERJES 2 4WD front fenders NA 24X24 Powershuttic hunsmission wiapproved equivalent $2,795.00 TRANS 2 AU QUAD 2074T NS FOR 6000M SERIES 2 ' 2 12XI2 REV 'Synchroshuttle transmission with 12F x 12R,ora equivalent $1,400.00 -12X]2 HYD REVERSE TRANSMISSION FOR 5000E SERIES Page 918 of 1256 VEIRCLE: 5100M DEALER: Everglades Equipment Group Everglades Equipment Group ZONE: Western Northern central Southern BASE PRICE-• —No bid— —No bid-- $42,500.00 S42300.00 3RD SCV 2 3 spool valve and selector $1,000.00 2; 3RD REAR SCV-A LL 6000 TRACIORS-FAC TORY ORDER ONLY 2 JOYSTICK 2 Hydraulic joystick control $950.00 21 INCLUDES DUAL AflD SCVT FOR 5000E&5000M SEA=TRACTOR$Fy ORDER ONLY 2 Hydraulic trailer brakes NA Additional fuel tank NA 2 _21 MIRROR Telescopic mirrors $450.00 LEFTAND RIGHTMIRRORS FOR CAB TRACTORS 2 ...................................................... ... ............................ .. .......... High capacity air cleaner NA FRONT Set of front weights—specify $1,350.00 WEIGHT 2 6 wrgamsAND MOUNTING BRACKETS 2 WH Set of mar weights—specify $420.00 21 WEIGHTS 2 11 SE TP WHEEL.100 SEpjES 2 19.4—34RI radial pressed single disc rear(4WD only) NA 14.9—24RI radial pressed ND wheel front(4WD only) NA 2 21 CAB Cab Air-condition $7,500.00 5000ESERIESMCTORS 2 5100E Optional equipment-specify $45,600.002 STD 1H OPENSTATION,4WD,12112 POWER REr IRAN&2 REAR SCM BY T1(MSISA TO TA L pRICE)2 5090M 2 Optional equipment-specify $48,300.00', PREA00M 90HP OPEN STATFON,4WD,16116 POWER RETTERSER 7RAN&2 REAR SCM Pj TIM(THIS IS A TOTAL pRrCE)2 1 6105E I Optional equipment-specify $54,500.00' SID I 05HP OPEN STA TION, D.12112 POWER REVERSER 7WANS9 2 REAR SCVS,R1 TIRES(THIS IS A 'TOTALPRIM2 612OM-CAB 2 Optional equipment-specify $84,300.00'1 PREMIUM 120HP BASIC CM 4WD.16116 POWER QUAD PLUS ZRANS,3 REAR SCPA RI TIREA(MS IS A TOTAL ppjCE)2 1 5090E 2 Optional equipment-specify $43, 2 STD 90HP OPEN STATION,4FM 12112 PO WER REVERSER TRAAFA I REA R SCV,Al TIRES(THIS IS A TOTAL pRICE)2 3RD SCV 2 Optional equipment-specify $1,300.002. JAD REAR SC;'FOR 5000E&560OMSERMS INSTALLED 2 16XI6 REV Optional equipment-specify $2,900.00' 16X16HYDRE1-TRMTRAA1SAi=OK FOR 500OMSEPJES 2 5201M 2 Optional equipment-specify $6,950.002 LOADER FOR SE TRACTORS(THIS ISA TOTAL PRICE)(REQUIRES TRACTOR TO HA VE WNIMUM OF 2 'M1D VALVES)2 540M 2 Optional equipment-s i , 2 LOADERFOR5M&5085E&5100B TRACTORS(THISISA TOTALPRICE)(REQUIRES TRACTOR TO HAVE hfiXIMUM OF 2 MID VALES)2 Page 919 of 1256 VEHICLE: 5100M DEALER: Everglades Equipment Group Everglades Equipment Group ZONE: western Northern cantmi southern RASE PRICE: --No bid— —Nobid— $42,500.00 S42.500.00 1Optional equipment- i specfy NA 62OR Optional equipment-specify s1o'goo.00 LOADER FOR 6000MIR TRACTORS(THISIS A TOTAL PRICE)(REQ UIRES TRACTOR TO HA VE AIMMUM OF 2 AdD VAL;,ES)2 CANOPY 2 Optional equipment-specify $675.00' I CANOPY FOR OPENSTA77ON nuCTORS 2 5952 Optional equipment-specify $14,500.00' BACKHOE BACKHOE FOR 5000M TRACYORS-REQUIRES LOADER fTHIS ISA TOTAL pNCE)2 2 -E . $5,20.0.00.......... 4WD FOR 5000E SENES 2 TRAC_r0RS 1 AWD2 0PdQW1.*q1jjpM00t.t..spWW............................ Stc?l DISCOUNT I Optional uipment-specify 10%DWOUNT OFF A&AP ON OPTIONS&OPTIONAL NON-SPECIFIED AMDELS PER SPEC#24 MCLUDESANYFREIGHT&REQWRED MTALL477ON COST 2 Temporary tag NA Transfer existing registration(must provide tag number) NA New state tag(specify state,county,city,sheriff,etc.) NA Maintenance Plan-specify NA Maintenance Plan-specify NA 2YR Extended warranty—3rd year Std' STANDARD STANDARD WA RRAN7Y-2 yRS 2 2 Extended warranty—3rd&4th years NA Page 920 of 1256 FSAI 8-VEL26.01 Competitive (https://www.facebook.comiYloridasheriffsassociation6 ? SHERIFFS ASSOCIATION (https://www.fisheriffs.org/) Become a Member :// r i , ri r / 1 - r i - I ) About ... Programs Publications Join Today(https://membership.flsheriffs.org/2017-Membership-LP.htmi) Renew Membership ( sJ/ a bershi sheri . r - e e i L . I ) PURCHAI ING PROGRAM c Back to Main Purchasing Page (https://www.fisheriffs.org/law-enforcement- programs/cooperative-purchasing-program) FSA 18- EL26.0 POLICE RATED, ADMINISTRATIVE, UTILITY VEHICLES, TRUCKS AND VANS 2018-2019 Effective r1, 2018—September 30, 2019 https://www.Meriffs.org/law-enforceinent-progmms/purchasing2Ol8/Police-rated-adn-dnist.. 1 of 1256 BID AWARD CONTRACT FSA18-VEL261.0 Police Rated, Administrative, Utility Vehicles, Trucks and Vans Contract Term: October 1,201$-September 30,2019 Cooperative Purchasing Program Coordinated The Florida Sheriffs Association IL Florida Association of Counties FLORIDA SHERIFFM AIMIATIN 7 Page 922 of 1256 PUBLIC W ORKS DEPARTMENT UEST FOR PURCHASE ORDER mmm,am x�m Date: 12,78/2018 c tN=o.-. 501-2515-591.64-33 ct sp ific do 1 1 �: Bill � . .. .._ � w i1cartrnent�e�d A1rrovi: ' Cirele Afl that A �;T i f y xr v i 2, a. e®.... . v4ro>uw — xm.., �o.._, mr Replacing: Chief Harris AutoNation CDJR No. Contact Address: S nation.` e: 1- 3 TtTY-11] PRICE UNIT DESCRIPTION J! ! TOTAL 1 $24,682,00 Each Dodgeu c SXT 1 i S 24,682.00 13 7 ffi t�0 Each Options per quote f er�lubte $3.788.00 �® i Mw,.m,ax w,,,rwwmrr�ww_ Black Mee t Quote r Name ._ TOTAL $23.470.00., Page 923 of 1256 g. __...._ f! ; far all of : F ............... needs. .....m... CELL PHONE �954p 383-1009 i( 441-2014 F. ( 1 A T. :N E n. mfles WV& . .u. M.e_ . .. _. QUICK QUOTE SHEET FOR'VEHICLES SOLD UNDER THE FLORIDA SHER1FPS ASSWATION CONTRACT PAGE 1 ®f ,_.... .._ 4 REQUESTINGAGENCY: CIC§ of IWy an Reach ORIGINAL QT 1..26408- -3 ca..0T _DATE. CONTACT i Dan PHONE R: 561-742-6215 FAX NU ria : Wup MODEL: 1 =,fv n,��SXT !,Wl L7tl i, SPECIFICATION 31 PAGE C FRAI i ICT PRICE, &U W2.00 betpliwerwAsherMs"g OPTION CODE 0 DESCRIPTIONPTI COST _.. ...., . ..� .a,. .OMR16R COLOR .... DARKEST INMRIOR_.�.�....POSSIBLE.._,.. ESS..�.... ...� . �STD,........�m_.....,....,.� TI*d Raw But $904.00 C5 . ..�,.....,.,..,,.,.., Cs _..., �i - $74.00_ --- TOTAL TIO T CST: .®_..._._. 7 OTY s C O NATION CHRYSLER DODGE JEEP RAM VEHICLE QUOTED Y: ,,Flm M amhatl � s�aGlan crsrrs b1 Went to be yzLr meat Providee I oppvaale me oppwunffy to au&nN We qLW&Wrt Pmeas review ft careMy IF them a or dmageq.ploose iae#fte to codad me at any 1i r a s f� �IRcai Sop ian Beach WOOLIS FSA Quote 2010(2) Page 924 of 1256 r ■ MCA ' & FLOREDA ASSOCIATION OF COUNTIES FULL SIZE 4-DOOR UTMrrY VEHICLES Y SPECIFICATION 031 s contzact cams witio all dw standard equWant as specified by the manuhahm for this model and FSA's bm ji jrequirements CountiesconftWB vehicle base price as awarded by specificMion by zone. BASEPRICE: $24,707.00 SA622.00 M682.00 $24,692.00 WWI@ d10 Fiorids Sh"IM Association and Florida Association of have attecopted to identify ihm most Own requested by participating qpWcs for I sin vehicles.we realim equipment aft&and preffiences are going to vary from Money to ageaq.In an offat to incorporate fiffloWity Into our program,we have created specific add/daku opflow] which allow the purcloaser to r i ' # i wish val iMpmunatecostefT i q NOTE:An 1 1111ft of ell aMdddo options and tbak pflon should availableIffeloaring your order Additional!addIdeleto options other then dwsc Hood here may be ■ffiose listed here mustprim. Page 925 of 1256 Pembroke Plow Pembroke Plan Pembroke Pines PionbrokePines 1 $24.622.00 S24,682.0D Satelliteorder Code Deleft Optiou All Zeno Do*tinted gJazz Std On4tar NA OrderCedc Add Options ! AN Zama 1 ] 5 7L MWN Auft! EnSim upgrade-specify 1CNG model®s NA1 Bi-thal model-specify MA CNO conversion is ) NA LPG ccerversion(diocuss with ) NA Tranarnission all coolor NA 1 Sid 1 3 ' LMted I i -foot activated,dealer installed $245.00! SST I SaWtop vehicle anti-theft-key activated or emuMI. $310.00" and Chewy AM Vehicles,deWer installed In 20 minuto or kuI t s model upgrade padmge p t ` (specify 5. ConsoleResnote vehicle start NA Budkzt seats Std f Cloth AMM Third ww unt "".00! Std !I Floor carpet with cokw keyed flow mob l' installed RSSO! i i' styleVow visors-stick-on . ! style S165.00! ! Body side moldinS NA RD Runnint;bowdm $645.00'. ! ' Daytime numbs IWAs ! l[mmobilize ' E Page 926 of 1256 P 1 3 DEALER: AMNdion CBM n Pmbmb Pines Perabroke Pines s Pembrobpinas BASS PRICE: 1 . 612.00 Wrap-around grille guard NA TOW hoob NA Standard ftvwft package NA -111 iHeavy duty towing package.includes c ! $645.0011 AD bmain tims NA Nitrogen filled dres inchWitkg span tire NA licenseFront WOO 0" Bacimp ahum,hatcay Installed NA RUA Backup Almn,dealer installed L $185.00 Sadnal?BIOU12-12"Alumm "PusAb u NA i 1 — "Aluminum Push Bumper NA . Sedne.PB300 Push Bumper NA Go Rhino 5000 Scies Push Bumpers NA Raw Transport Seat—Lagana SystemRear Transport Seat ! --Pro Gard 6000 Sodas NA, Rear Transpatt Sm with wd@nM seat it_Patriat PSCV1 NA Mna IS LA:xan=go wftb 1 Iexan and 0 expanded metal withextension Installed Satins#10 Series Lwom Cap with sliding l ' lower extension pawl.dealer MA installed Sgdra 012 Scrics Loom Cage,partition Installed t NA Fro4ard P2600 Sodas I s textension panel, dealer installed FK-9 Container.All aluminumc ,and vehicle. vehicle Container.delivivy prices. ElOCIFOnk ROUOW Rear DW OPWM SyNtom to be used with the X-9 Allows to Iease die K-9 Rom the vehicle ftom a remote position. Heat Alarm vehicle.Wares officer when daugerously high tempuatures NA we inside the vehicle. WIMUMBBM1 !equi - " M ' ' AHX1 OptimW equipment-3 1,194.00" JRQAWAUnMTOA2&M5ALUA9NUMSPARE WHAM 7AM t HUCHCOAPACTVAJW S i ° BRA=CONYWLPOPULO .SC Uptitmal t4 s ecify $74.00r- CM- Temporso tog y Page 927 of 1256 s Pembmko Pines Pumbrob Pines hiubroke Finn Penbrielm Pines 0 BASEMICE° 00 r (must $165.00 t ,Chy.dMiff,ate.) • 1 MainbMance Plan-specify NA Maintenance Plan-specify MRhonsuce Plan®specify f -speicify 1 Y WMX61 1 ' e $3,670.00 Mmdwmw Cov&wr&d WormV 7 Yom IOAOM Mks® I Page 928 of 1256 PUBLIC WORKS DEPARTMENT REQUEST FOR PURCHASE ORDER Date, 12/28/2018 Account .: 501-22551 P.O. : Justification: FSA Contract specificatipi, d"9��° � ,� � q t ��: ill Ae�r#meet Dead AI F rav$!: Circle All that A4, Replacing: Police Chief Vendor, ut tl J7 # . Steve ens. Address: Fed clot : state. �i - : 954441-2004 Phone: 1-2034 emall henrys@autonafion.com TY PRICE NIT is ITEM# Z L----L 7 -- TOTAS23®9S9.b0 Enc1 y nd lerakee2COLOR SIZE g Salver $ 3,459.043 sl � $3 566 00 Each Qptions Per(mote __J———--------------- .�.�. ilv r Ext. _—... ------- Dark ------ark interior ,.. .---„ t �uv Price,01mote Vendor Name . .�... 27. 2 .0 Page 929 of 1256 C:hry.slqer E>c�dcjeit ,*Je�e&p Mam Call V& llr'-S!�for Sig of o,,ur F Aularnotive.&.,,.)hl Thick nescls, CELL PHONE (064) 383-1009 mi Orf,�&F-"(954) FAX(954)441-2004 lllillglglill,, 136,01 Alftes 8#,W. Palabroke Pliwigip, QUICK QUOTE SHEET FOR VEHICLES SOLD UNDER THE FLORIDA SHERIFFS ASSOCIATION CONTRACT PAGE I or RECILIESTING AGENCY. it of Boynton such ORIGINAL QUOTE DATE: 11211AWIS DA CONTACT RSOW Bill Dart% PHONE NUMBER. 561-742-4215 CELL PHONE, FAX NUMBER: 0-mall. MODEL., 2&19 josp Grand Cherokee Larsda RWD I WKTH?4) SPECIFICATION PAGE M. FSAIG-VEH16.0&PSAIS-VEL26.0 BASE DISTRICT PRICE: $23,959M htlp:ffwww.fthsrIffs.org OPTKW CODE 6 DESCRIPTION OPTION COST -E—XT—EPJOR COLOR BILLET SILVER W DARKEST INTERIOR POSSIBLE UNLESS STIR----—N—Off, OTHERVASE NOTED ON TH PU WdE—O—RWE-ff— �4, Modq! ",Do WE sw semen+ ,.,.v-LIMe,..-..,0-0,. --00 V __,LnLm TOTAL OF OPTIONS: TOTAL COST: ary I Comments: AUTO NATION CHRYSLER DODGE JEEP RM VEHICLE OUOTED er Steve Henry,Fleet M;a rIp"p— Went to be Xw Reel PfWderl WPVdW@ ft aAwdw*10 subfW thm qualstAm.ftese rovfew It , IF there We any ema or doWs,pbew read 9w to c rm at any Ike. to ohwyv hwy to be of esastaraw Sorlg=Beach-WKTH74 FSA Owls 2019(21 Page 930 of 1256 F� m, COUNTIES FLORIDA SHERIFFS ASSOCIATION & FLORIDA ASSOCIATION OF COUNTIES Name of Dealership e of Vehicle Zone Base i Price Alan Jay Chevrolet Buick GMC Cadillac1 1 a LS(1 ) Western $24,694.00 ALT-Garber Chevrolet uic ,Inc. 2019 Chevroletv (1 ) westem $24,778.00 Alan Jay Chevrolet Buick GMC Cadillac2019 1 v (1 ) Northern , ALT-Garber Chevrolet uic ,Inc. 2019 Chevrolet (I 5 ) Northern $24,579.00 Alan Jay Chevrolet Buick GMC Cadillac2019 ChevroletTraverse (1 5 ) Central $24,494.00 Garber Chevrolet Buick ,Inc. 2019 Chevrolet (1 ) Ce $24,678.0-0 Alan Jay Chevrolet Buick GMC Cadillac2019 Chevroletv L (1 ) Southern $24,494.00 ALT-Auto Nation 1 embroke Pines 20191 L (1 56) Southern $24,532.00 Duval Ford LLC 2019 l r ) $24,380.00 Coggin (Ford) 2019 0 Explorer Base FWD( ) Western $24,699.00 Duval Ford LLC 2019 Ford Explorer ) Northern $24,380.00 Coggin a ) 2019 Ford Explorer Base ) $24,699.00 Duval Ford LLC 2019I ( ) Central $24,380.00 Coggin (Ford) 2019 Ford Explorer Base 7 ) central $24,699.0 Duval 2019 o Explorer Base FWD(M) Southern $24.390.00 Coggin Auto(Ford) 2019 Ford Explorer7 ) 5outhern $24,799.00 Duval Ford L 2019 1 ) $28,090.00 Coggin ( ) 2019 Ford Explorer 7 ) Western $28,507.00 Duval Ford LLC 2019la ) Northern $28,090.00 ALT- ) 2019 Ford ExplorerT 7 ) Northern $29,507.00 Duval Ford LLC 2019 0 Explorer XLT 7 ) a $29,090.00 Prestige ard 2019 Ford Explorer ) Central $29,490.00 Duval Ford LLC 2019 Ford Explorer 7 ) $29,090.00 ALT-Coggin Auto ) 2019 ard Explonr ) $28,507.00 Alan Jay Chevrolet Buick GMC Cadillac2019 C Acadia SLE{ } Western $25,034.00 2019 GMC Acadia SLE( 26) Western - -- Alan Jay ChevroletBuick Cadillac 2019 c i ( ) Northern $24,784.00 Page 931 of 1256 2019 GMC Acadia SLE( 26) Northern - — Alan Jay ChevroletBuick Cadillac1 c ( ) Central $24,794.00 2019 c is SLE( ) Central —NB-- Alan Jay ChevroletBuick Cadillac 2019 GMC Acadia SLE( 26) Southern $24,834.00 2019 GMC Acadia SLE( 2 ) Southern — AutoNation a Pines ( 1 Jeep} CherokeeGrand owestern $23,994.00 ALT-Garber Chrysler c ,Inc. ( 1 Jeep L western $24,288.00 ion CDJR Pembroke Pines ( 1 Jeep 7 } CherokeeaNorthern 3, ALT-Garber Chrysler Truck,Inc. ( 19 Jeep 7 } Cherokee N $24,088.00 AutoNation a Pines (01 Jeep 4} C o Contra] 23, ALT-Garber Chrysler o c ,Inc. 2019 Jeep74} Cherokee o C $24,188.00 (WKTHAutoNation CDJR Pembroke Pines ( 1 WKTH7 } CherokeeSouthern $23,959.00 Garber Chrysler Dodge Truck,Inc. ( 1 Jeep}Grand C aSouthern $24,299.00 NissanCoggin 2019 Nissan (2511 ) *Western 23, 0. ALT-Tony Taylor DeLand Nissan2019 Nissani (2511 ) Western $23,662.00 Cogginiss n 2019 Nissan (25119) *Northern $23,399.00 ALT-Terry TaylorDeLand Nissan 2019Nissan fin (2511 9) Northern $23,578.00 Coggin iss 2019 Nissana n (2511 9) $23,445.00 ALT-Terry Taylor DeLand Nissan2019 Nissann (2511 ) 23,525.00 Terry Taylor DeLand Nissan2019 'iss Pathfinder S(2511 9) *Southern $23,535.00 ALT-Weston Nissan 1Nissan Pathfinder (2511 9) Southern $23,593.00 Coggin Toyota 19 Toyota i t er LE( ) $28,569.00 ALT-Alan Jay Toyota 2019a ( ) $28,684.00 Coggin Toyota 2019 Toyota Highlander LE( ) $28,368.00 Alan Toyota 2019 Toyotai 1 rLE( 4 ) Northern $28,634.00 Coggin Toyota 2019Highlander L ( 42) Central $29,469.00 Alan Jay Toyota 2019Toyota Highlander ( 2) Central $29,494.00 Coggin Toyota 2019 Toyotai 1 er LE( ) Southern $28,550.00 ALT-Alan Jay Toyota 1 i ( 2) Southern $29,594.00 Page 932 of 1256 E� fk ..� , Fk� ^ + Ahmd FLORIDA SHERIFFS ASSOCIATION & FLORIDA ASSOCIATION OF COUNTIES MID-SIZE 4-DOOR UTILITY VEHICLES - 4X2 SPECIFICATION #29 2019 J1 11174 The Jeep Grand Cherokee Laredo( 4)purchased through this contract cornea with all the standard equipment as specified by the manufacturer for this model and FSA's base vehicle specification(s)requirements which am included and made a part of this contracfs vehicle base price as awarded by specification by zone. ZONE: Western Northern Central Southern BASE PRICE: $23,984.00 $23,899.00 $23,949.00 $2Ilk,959(K) While the Florida SheriAssociation and Florida Association of Counties have attempted to identify and include those equipment items most often requested by participating agencies for full sire vehicles,we realize equipment needs and preferences am going to vary from agency to agency.In an effort to incorporate flexibility into our program,we have created specific add/delete options which allow the purchaser to tailor the vehicle to their particular wants or needs. The following equipment delete and add options and their related cost are provided here to assist you in approximating the total cost of the type vehicle(s)you wish to order through this pmgrarn.Simply deduct the cost of any of the following equipment items you wish deleted from the base unit cost and/or add the cost of any equipment items you wish added to the base unit cost to determine the approximate cost of the type vehicle(s)you wish to order. NOTE:An official listing of all add/delete options and their prices should be obtained from the appropriate dealer in your zone when preparing your order.Additional add/deleft options other flum those listed here may be available thmugh the dealers,however,those listed hem must be honored by the dealers in your zone at the stated prices. Page 933 of 1256 VEHICLE: Grand Cherokee Laredo(WKTH74) DEALER: AutoNation CDJR AutoNation CDJR AutoNation CDJR AutoNation CDJR Pembroke Pines Pembroke Pines Pembroke Pines Pembroke Pines ZONE: Western Northern Central soud= BASE PRICE: S23,984.00 $23,899.00 S23,949.00 W.959.00 Order Code Delete Options All Zones Cruise control Stal On-star NA i Power windows Std Power door locks Std Satellite radio NA Tilt steering wheel SW Order Code Add Options All Zones Engine upgrade-specify NA CNO model-specify NA I Bi-fitel model-specify NA CNG conversion(discuss with dealer) NA LPG conversion(discuss with dealer) NA Factory external engine oil cooler NA Battery,650-cen or greater Std 700 Anp Stamlkv-d I Limited slip diffa=tial NA trM Tremoo anti-theft-footactivated,dealer installed $245.00' SafeStop vehicle anti-theft-key activated or emergency lights activated.plug-&-play ibr most Ford NA and Chevy fled vehicles,deader installed in 20 minutes or less ViXTP74/t2BH Manufacturces of upgrade package(specify pkg.bid) $7,995.00 'Jeep G=d ChemtreLimired 1 e Leather Cargo area cover NA AMIFM radio with single CD NA Side air protection(may affect cage availability) Std Privacy glass,factory installed Std Third row seat NA, 5"round dome lamp between sunvisors NA Rear window defogger Stal Rear window washertwiper with intermittent feature Stal HDFM Heavy duty rubber floor mats $210.00 11 RSSO Vent visors-stick-on style $145.00' RSFS Rainshields-flange style $165.00 RB Running boards $645.00 Daytime running lights Std DRL Immobilize daytime running lights $115.00 Page 934 of 1256 VEHICLE: Che ( 74) DEALER• AutoNation CDJR 'o CDJR AutoNation CDJR AutoNafion CDJR Pembroke Pines Pembroke Pines Pembroke Pines Pembroke Pines ZONE• Westem NorthamCentral BASE • $23.994.00 $23,899.00 S23,949.00 $23.959.00 lamps1 Fog Y Towhooks NA -111 Heavy duty towing package,includes class III receiver with2"ball 5. Front license bracket NA Outside tire carrier NA Nitrogen lie including 1 Optional equipment- i 1, 1 k xfel 1pgnidr leaf ;Power 8;AWSeatpvwer 4 wqP LumBarAdjust ' Optional equipment-specify Optional equipment-specify Optional equipment-specify TM Temporary tag $25.00'1 TER Transfer existing registration(must provide tag number) 15® i NST New t s (specify ,county,city,sheriff, c.) $225.001' MaintenanceI -specify Maintenance Plan-specify Maintenance I specify NA - ] y WMX595N Warranty-specify $2,940.00 MaxhMmi Can tom*d warivmty 5 Years 85,000 Mies-0-Deductible 1 i WMX610ON' Warranty-specify $3,510.00 Maximum Cam Extended Warnmty 6 Years 100.000 Mies-0-Deductible , WMX71GON1 Warranty-s i 3, . 'I Akxintum Cam Extendedmy 7 Years 100,000 Afiles-0-Deductible Page 935 of 1256 8 MID-SIZECCKJNTMS FLORIDA SHERIFFS ASSOCIATION & FLORIDA ASSOCIATION OF COUNTIES - SPECIFICATION #29 2019 Jeep Grand Cherokee (Alternate Dealer do The Jeep Grand Cherokee Laredo( 7 )purchased through thisc ll thes i t as specified the manufacturer r this model and FSA's base vehicle specification (s)requirements which are included of this con vehicle a price as awarded by specification b e. CentralZONE: Western Northern Southern BASE PRICE: $24,288.00 $24,089.00 ,l $24,288.00 While a Florida SheriffsAssociation lrida Association of Counties have attempted to identify n ' clue those equipment items most often requestedby participatingcies for fall size vehicles, e realize equipment needs and preferences are going agencyvary from to agency.In an effort to incorporate flexibilityinto our program,we have created specific add/delete options which allow as for the vehicle to their particular wants or needs. The following equipment el tions and their related cost are provided hem to assist you in approximatingthe total cost of the type vehicle(s)you wish to order through thisl a ct the cost of any of the followingequipment items you wish deleted from the base unit cost and/or add the cost of any equipment items you wish added to the base unit cost to determine appro3dmatevehicle(s)you wish to order. NOTE:An official listi of al I add/delete options and their prices should be obtained a appropriate dealer in your zone when preparingyour order.Additionall 'ons other than those listed hem mayavailable through the dealers,however,those listed here must be honored by the dealers in your ne at the stats. Page 936 of 1256 VEHICLE-® Grand Cherokee Laredof 7 )( ) DEALER-• Garber C "ler Dodge Garber Chrysler Dodge Garber Chrysler a r Chrysler Dodge Track Inc. Truck,Inc. Truck Inc. Truck,Inc. Western Southern BASE PRICE: $24.289.0024,0 24,1 S24.288.00 Order Code Delete Options All Zones ICruisen 1 NA On-Star NA Power windows Power locks Satellite radio NA Tilt steering wheel NA Order Code Add Options All Zones 'Engine e-specify ICNG model-s ci A, 'Bi-fuel model-specify CNO conversion(discuss with dealer) NA LPG conversion( isc i ler) NA externalFactory engine oil cooler Stdl Battery, 5 cor greater Stds Limited slip i anti-theftTremco -foot activated, e l installed t SafeStop vehicle i- -key activatedr emergency lights 'v l - lay for most and Chew fleet vehicles, a installed in 20 minutesr less manuacturces model upgrade packaqe(specify i ) $3,948.00l 'Jeep Grand Cherokee 4)Upland 4x2 Cargo area ver NA ' radio with single CD $1,393.00' Radlo:Uconnect 4 .4"Db °-i :M H t FRA 4G LTE WWI I-YR Sh1wXM Guardian Taal.HD Audio.1M dC er&ackAMa GPSAniePmahpd.GPSNmi tion &4"TowhwrrenDftp1qy Side 'r protection(may cage availability) Std TINT' Privacy glass,factory installed 1{ Deep 7W Sunscreen GAwss INCLUDED r$299for ler 77mall WimAms to LeVI Leveo ' !Third NS' "' e l n nviso 125. 'W NTTEV FIER REDIWHITE LED POLICE STYLE DOAM LAMP 1 windowRear r Std !!!@Rear windowintermittent feature Std MATS IHeavy duty rubber 1 t+ Oaf mats F=ED G FLOOR LIN THER TECH OR EQUIVALEND(A $100 for Fmnj and Avar FlowLi ' ' Vent visors-stick-on sl ' 1 . ' Rainshields-flange style1 . ' Page 937 of 1256 VEHICLE: Grand Cherokee Laredo( 4)( ) DEALER: Garber Chrysler Dodge Garber Chrysler ar r Chrysler Dodge Inc. Track,Inc. Trucklnc. Truck Inc. ZONE: western Northern central southern BASE PRICE: $24.289.00 24,0 S24,188.00 24,2 , 0 Running Daytime running lights Std Immobilize a i e running lights Fog lamps ®Tow hooks Heavy ,includes class III receiver with 2"ball NA MDA Front license NCt aFront License PAwtOutside tire cwfier NA 1 f Nitrogen filled tires including tire NA Optional i t-specify Optional equipment-specify Optional i en -specify Optionalequipment-specify TTAG 1 Temponuy tag $6.00 1I A $25 trovernkma shiqwngqui 1 TRANS 1 Transfer is ' tion(must a tag number) 1 �A 5(ftirelftk SRequired 1 YTAG New 1 s (specify .) $1105'1 A $25 f Shipping q red 1 Ci Maintenance I -specify NA' Please conwct Dealerfor Latest Maintenance Plan Options ees 1 Maintenance 1 -specify Maintenance ( -specify - i 1. Please t Dealerfor Latest Warranty Options ad Prices 1 Warranty spwify NA 1 Walunty-specify Page 938 of 1256 FSAI 8-VEH16.01 Competitive Purchasingof 8 (https://www.facebook.com/floridasheriffsassociation� ��,� ,g F ! S IFF ASSOCIATION (https://www.fl sheriffs.orgj Become a Member :ll r i ri r / - i - I About Sheriffs Programs Publications Join (https://membership.fl'sheriffs.org/2017-Membership-LP.htmi) Renew e i sJ/ i . ri . r 1 - r i - . I ) PURCHASING PROGRAM Back in Purchasing Page ( :// ri s. r /I - r - r r c r iv rc sin - r r ) .... FSA 1 8-VEH 16.0 CHASSIS TRUCKS AND HEAVY EQUIPMENT Effective October 1,2018—September 30,2019 s:// t- /a - s ' - s_ ...Pa � of 1256 FSA1 S-VEH16.01 Competitive Purchasing Program Page 2 of 8 The Florida Sheriffs Association first procured the Cab & Chassis and Heavy Equipment Contract in 2003. Since then it has grown to one of the premier large truck and equipment contracts for public works, parks and recreation, educational institutes and many others. For details of the products available, review the category you are seeking to purchase. Simply select the drop-down arrow and locate the vehicle of choice. The vehicle links will take you to pages that are solely dedicated to the bid award for that commodity. Continue to scroll the bottom of the page and find a link to all the bid supporting bid documents. FLO?RID? s Asso SHERIFFS ASSOCIATION V 44: 11 ORDERING INSTRUCTIONS (HTTPS:HS3.AMAZONAWS.COM/FSA- PURCHASING-2017/ORDERING-INSTRUCTIONS-V1O-19-17.PDF) VENDOR DIRECTORY (HTTPS://WWW.FLSHERIFFS.0RG/UPLOADS/DOCS/16.O—AWARDED—VENDOR. Need Assistance? Email us at cpp@flsheriffs.org (mailto:cpp@flsheriffs.org) or call 850-877-2165 :// . - t- /c -c 's- c _ .. Pajf/M of 1256 PUBLIC WORKS DEPARTMENT RE( "ti 1/31/2019 � 501-2515-591.64-3-3 _. . _..._. .. . r ._ _ d u ° FSA Contract winecificatmqn 1'"_��,nested _ry� � ill Dwtc PqoIlArbnont Bond... . . {9Ioveh A" Chale All dw Ar,;],. W ,, .... � �' 1: r �. 1 ' . �� ��_-. ........ Fled 11kis,,d. , I ,Rv�',lacmvnt Other. Utilities Storm Water Vmdar. Orlando Frei: r Ili Ack Address- Fed ID 0: state.. Pax M. 407-291-8408- i 1 li . . t t0 5- 122 .. - _._. . '" " 1 ITEM 4 COLOR SIZE TOTAL ,� . 1 $65,113.00 Ewh FraightlinarI 14SD is White113.00 l $43,354.00fti ...� ®3540 1 s Price f r f , 4 i E k "'' I ... - I TOTAL I % Page 941 of 1256 Orlando Freight;Freightflner Inc. 2455 S. Orange Blossom Trail Apopka Ft. 32703 407-295-3846 ext 122 407-291-8408 fax cell To City ►► Orlando Freightliner; ►eased to quote the fbilowing Frelghtflner 114SD viathe 2018-2019 Florida Association ► - Spec 1 $65p113.00 attachment66000A see A for specifications 016-IC2 vertical exhaust 532-002 tilt telescopic wheal Dealer add 1 t frame extension Grote LED stopffaillturn rear lights Air ride passenger seat Total $108,467.00 Sincerely, Bob is Municipal Sales Orlando 1 til Isuzu Truck of Ocala Page 942 of 1256 Prepared r: Prepared by. III Darty Bob Scharpnick City of Boynton Beach ORLANDO FREIGHTUNER 222 NE ft Aventme 2455 S.ORANGE BLOSSOM TRAIL Beach,Boynton FL 33425 APOPKA,FL 32703 561-742-6215Phone:4072953846 SPECI FICATION PROPOSAL Weight Weight Dift Code Description Front Rear Price Level L-1 -1 (EFF: 1711 ) Data Version DRL-029 SPECPR021 DATA RELEASE Vehicle Conflgurstion 001-177 1 14SD CONVENTIONAL CHASSIS 7,934 6,576 MODEL004-220 2020 YEAR SPECIFIED 002-003 ET FORWARD AXLE-TRUCK 01 T TRUCK I I 1 LH PRIMARY STEERINGLOCATION General Service 1 TRUCK CONFIGURATION 01 DOMICILED.USA 50 STATES(INCLUDING CALIFORNIAA OPT-IN TATE ) A65-01 UTILITY/REPAIRIMAINTENANCE SERVICE A84-1 UT UTILITYISEGMENT LIQUID BULK COMMODITY T I :1 (ALL)OF THE TIME,I TRANSIT,IS SPENT ON PAVED ROADS 1MAXIMUM 001 SMOOTH CONCRETE OR ASPHALT PAVEMENT MOST SEVERE IN-TRANSIT( SITES) ROAD FAC 995-IAE FREIGHTLINERLEVEL II WARRANTY EXPECTED FRONT AXLE(S)LAD: 20000.O lbs EXPECTEDI ( )L 00.0 lbs EXPECTEDICLE WEIGHT CAPACITY 000.0 The Application Version 10.1.105 11 1 8 2:57 P Date Version PRL-118D.029 5 City of Boynton Beech Vac Can „ Pace 9 of 14 Page 943 of 1256 Prepared for: Prepared br. 0111 Derty Bob Scharpnick City of Boynton Beach ORLANDO FREIGHTLINER 222 NE ft Avenue 2455 S.ORANGE BLOSSOM TRAIL Boynton Beach,FL 33425 APOPKA,FL a2703 Phone.561-742-8215 Phona:4072953846 Weight Weight Data coo Description Front Reor Truck Service AA3-M SEWERJINDUSTRIAL VACUUM BODY AF3-2BP VAC CON Engine 101-2X9 DETROIT DD13 12.81-450 HP Q 1625 RPM,I OW GQV RPM,1550 LB/FT C 975 RPM Eledranic Paramelters N 79A-068 08 MPH ROAD SPEED LIMIT 79B-cm CRUISE CONTROL SPEED LIMIT SAME AS ROAD SPEED LIMIT 70G-000 5 MINUTES IDLE SHUTDOWN WITH CLUTCH AND SERVICE BRAKE OVERRIDE 7OK-009 PTO MODE ENGINE RPM LIMIT-1200 RPM 70L-01 1 PTO MODE THROTTLE OVERRIDE-LIMIT TO 1400 RPM 7OM-001 PTO MODE BRAKE OVERRIDE-SERVICE BRAKE APPLIED 79P-0W PTO RPM WITH CRUISE SET SWITCH-1200 RPM 79Q-OM PTO RPM WITH CRUISE RESUME SWITCH-12 RPM 70S-001 PTO MODE CANCEL VEHICLE SPEED-5 MPH 79T-001 PTO MODE RPM INCREMENT-25 RPM 791.1-ow PTO GOVERNOR RAMP RATE-2 RPM PER SECOND 70W-001 ONE REMOTE PTO SPEED 7 00 PTO SPEED I SETTING-SW RPM BOD-001 SOFT CRUISE CONTROL ENABLED BDG-002 PTO MINIMUM RPM- n In ngine Equipment OOC-017 2016 ONBOARD DIAGNOSTICS/2010 EPAACARBFI NAL GHG1 7 CONFIGURATION 99D-009 2008 CARB EMISSION CER71FICATION-CLEAN IDLE(INCLUDES SX41 C L ON LEFT SIDE OF HOOD) 13E-001 STANDARD OIL PAN 105-001 ENGINE MOUNTED OIL CHECK AND FILL 014-1BS SIDE OF HOOD AIR INTAKE WITH DONALDSON HIGH CAPACITY AIR CLEANER WITH SAFETY ELEMENT,FIREWALL MOUNTED 124-1 D7 DR 12V 160 AMP 2 QUADRAMOUNT PAD ALTERNATOR WITH REMOTE BATTERY VOLT SENSE Application Version 10.1.105 'e" I 1/09=1 8 2:57 PM Data Version PRL-1613.020 City of Boynton Beach Vac Con Page 2 of 14 Page 944 of 1256 Prepared for: Prepared by. Bill Darty Bob Scharpnick City of Boynton Beach ORLANDO FREIGHTLINER 222 NE 9th Avenue 2455 S.ORANGE BLOSSOM TRAIL Boynton ,FL 33425 APOPKA,FL 32703 Phone,56 1-742-0215 Phone:4072953US weI ght Weight Data Code Description Frord Rear ............... 292-209 (3)DTNA GENUINE,FLOODED STARTING.MIN 3375CCA,WSRC,THREADED STUD BATTERIES 20M17 BATTERY BOX FRAME MOUNTED 281-001 STANDARD BATTERY JUMPERS 282-DO1 SINGLE BATTERY BOX FRAME MOUNTED LH SIDE UNDER CAB 291-017 WIRE GROUND RETURN FOR BATTERY CABLES WITH ADDITIONAL FRAME GROUND RETURN 289-001 NON-POLISHED BATTERY BOX COVER 87P-M NO CAB AUXILIARY POWER WIRING 293-058 POSITIVE LOAD DISCONNECT WITH CAB a MOUNTED CONTROL SWITCH MOUNTED OUTBOARD DRIVER SEAT 295-029 POSITIVE AND NEGATIVE POST'S FOR 2 JUMPSTART LOCATED ON FRAME NEXT TO STARTER 107-044 BW MODEL BA-921 19.0 CFM SINGLE CYLINDER AIR COMPRESSOR WITH SAFETY VALVE 152-D41 ELECTRONIC ENGINE INTEGRAL SHUTDOWN PROTECTION SYSTEM 128-002 JACOBS COMPRESSION BRAKE 016-IC2 RH OUTBOARD UNDER STEP MOUNTED 30 25 HORIZONTAL AFTERTREATMENT SYSTEM ASSEMBLY WITH RH B-PILLAR MOUNTED VERTICAL TAILPIPE 28F-0(12 ENGINE AFTERTREATMENT DEVICE, AUTOMATIC OVER THE ROAD REGENERATION AND DASH MOUNTED REGENERATION REQUEST SWITCH 230-200 INTEGRATED STACK AND B-PILLAR PIPE WITH MINIMUM STACK PROTRUSION ABOVE CAB 237-IC R RH CURVED VERTICALT LIP -PILLAR MOUNTED ROUTED FROM STEP 23U-002 13 ALL DIESEL EXHAUST FLU I D TANK 3ON-003 100 PERCENT DIESEL EXHAUST FLUID FILL 23Y-001 STANDARD DIESEL EXHAUST FLUID PUMP MOUNTING 43X-002 LH MEDIUM DUTY STANDARD DIESEL EXHAUST FLUID TANK LOCATION 43Y-001 STANDARD DIESEL EXHAUST FLU I D TANK CAP 242-011 ALUMINUM AFTERTREATMENT DEVICEffAUFFLERfrAILPIPE SHIELD(S) 2734)38 BORG WARNER(KYSOR)REAR AIR ONIFF ENGINE FAN CLUTCH 276-001 AUTOMATIC FAN CONTROL WITHOUT DASH SWITCH,NON ENGINE MOUNTED Application Version 10.1.105 Data Version PRL-18D.029 11/09/2012:57 8 PM City crf Boynton Beach Vac Con Page 3 of 14 Page 945 of 1256 Prepared for: Prepared by: Bill Darty Bob Scharpnick City of Boynton Beach ORLANDO FREIGHTLINER 222 NE ft Avenue 2455 S.ORANGE BLOSSOM TRAIL Boynton Beach,FL 33425 APOPKA,FL 32703 Phone:581-7424215 Phone:4072953MG Weight Weight Data Code Description Front Rear 11 D4X18 DDC SUPPLIED ENGINE MOUNTED FUEL FILTERIFUEL WATER SEPARATOR WITH WATER-IN-FUEL INDICATOR 118401 FULL FLOW OIL FILTER 206-057 1500 SQUARE INCH ALUMINUM RADIATOR 207-006 MOUNTING FOR FIREWALL MOUNTED SURGE TANK 103-039 ANTIFREEZE TO-34F,OAT(NITRITE AND SILICATE FREE)EXTENDED LIFE COOLANT 171-007 GATES BLUE STRIPE COOLANT HOSES OR EQUIVALENT 172-001 CONSTATT I HOSE CLAMPS FOR COOLANT HOSES 270-023 HDEP FIXED RATIO COOLANT PUMP AND RADIATOR DRAIN VALVE 360-013 1350 ADAPTER FLANGE FOR FRONT PTO 25 PROVISION 155-075 MITSUBISHI 12V MOD 3.175-DPO0 STARTER WITH INTEGRATED MAGNETIC SWITCH TmnsmissIon 342-1 M3 ALLISON 45DO RDS AUTOMATIC TRANSMISSION 260 100 WITH PTO PROVISION Transmission Equipment 343-339 ALLISON VOCATIONAL PACKAGE 223- A I L AVAILABLE ON 3000/4000 PRODUCT FAMILIES WITH VOCATIONAL MODELS RDS,HS,MH AND TRV 84M12 ALLISON VOCATIONAL RATING FOR ONIOFF HIGHWAY APPLICATIONS AVAILABLE WITH ALL PRODUCT FAMILIES 84C-023 PRIMARY MODE GEARS,LOWEST GEAR 1, START GEAR 1,HIGHEST GEAR 0,AVAILABLE FOR 300114000 PRODUCT FAMILIES ONLY 84D-023 SECONDARY MODE GEARS,LOWEST GEAR 1, START GEAR 1,HIGHEST GEAR 6,AVAILABLE FOR 3000/4000 PRODUCT FAMILIES ONLY 84E4)00 PRIMARY SHIFT SCHEDULE RECOMMENDED BY DTNA AND ALLISON,THIS DEFINED BY ENGINE AND VOCATIONAL USAGE 84F-000 SECONDARY SHIFT SCHEDULE RECOMMENDED BY DTNA AND ALLISON,THIS DEFINED BY ENGINE AND VOCATIONAL USAGE 84G-000 PRIMARY SHIFT SPEED RECOMMENDED BY DTNA AND ALLISON,T I INED BY ENGINE AND VOCATIONAL USAGE Application Version 10.1.105 11/00=1 8 2:57 PM Date Version PRL-16D.029 City of Boynton Beach Vac Con Page 4 of 14 Page 946 of 1256 Prepared for. Prepared by: Bill Darty Bob Scharpnick City of Boynton Beach ORLANDO FREIGHTLINER 222 NE 9th Avenue 24M S.ORANGE BLOSSOM TRAIL Boynton Beach,FLS APOPKA,FL 32703 Phone: 1-742 215 Phons:4072953846 Weight Weight Data Code Description Front Roar ............... 84H-WO SECONDARY SHIFT SPEED RECOMMENDED BY DTNA AND ALLISON,THIS DEFINED BY ENGINE AND VOCATIONAL USAGE 84L-000 LOAD BASED SHIFT SCHEDULE AND VEHICLE ACCELERATION CONTROL RECOMMENDED BY DTNA AND ALLISON,THIS DEFINED VOCATIONAL USAGE 84N-000 NEUTRAL AT STOP-DISABLED.FUEL SENSE- ! L ISABL 84U-000 DRIVER SWITCH INPUT-DEFAULT-NO SWITCHES 84V-001 DIRECTION CHANGE ENABLED WITH MULTIPLEXED SERVICE BRAKES-ALLISON STH GEN TRANSMISSIONS 353-023 VEHICLE INTERFACE WIRING CONNECTOR WITHOUT BLUNT CUTS,AT END OF FRAME 34C-001 ELECTRONIC TRANSMISSION CUSTOMER ACCESS CONNECTOR FIREWALL MOUNTED 302-035 CUSTOMER INSTALLED CHELSEA 277 SERIES PTO 3 PTO MOUNTING,LH SIDE OF MAIN TRANSMISSION 341-018 MAGNETIC PLUGS,ENGINE DRAIN, TRANSMISSION DRAIN,AXLE(S)FILL AND DRAIN M-003 PUSH BUTTON ELECTRONIC SHIFT CONTROL, DASH MOUNTED 97G-004 TRANSMISSION PROGNOSTICS-ENABLED 2013 370-011 WATER TO OIL TRANSMISSION COOLER, FRAME MOUNTED 346-003 TRANSMISSION OIL CHECK AND FILL WITH ELECTRONIC OIL LEVEL CHECK 35T-001 SYNTHICT ISSI FLUID(TES-295 COMPLIANT) Front Axle and Equipment 400-1 BB DETROIT DA-F-20.0-5 20,DOO#FLI 71.0 KPI/3.74 210 DROP SINGLE FRONT AXLE 402-030 MERITOR IQ+CAST SPIDER CAM FRONT 10 BRAKES,DOUBLE ANCHOR.FABRICATED SHOES 403-M NON-ASBESTOS FRONT BRAKE LINING 419423 CONMET CAST IRON FRONT BRAKE DRUMS 427-001 FRONT BRAKE DUST SHIELDS 5 4DO-008 FRONT OIL SEALS 408-001 VENTED FRONT HUB CAPS WITH WINDOW, CENTER AND SIDE PLUGS-OIL Application Version 10.1.105 11 1 2:57 PM Data Vemlon PRL-1 8D.029 City of Boynton Beach Vac Can Page 5 of 14 Page 947 of 1256 Prepared for: Prepared y: Bill Derty Bob Scharpnick City of Boynton I LI 222 NE Oth Avenue 5 S.ORANGE BLOSSOMTRAIL Boynton Beach,FL 33425 APOPKA,FIL 32703 581-742-8216 53 WeightI Data Code Descripition Front e.�.. Rear 410-022 STANDARD SPINDLETS FOR ALL AXLES 405-002 MERITOR AUTOMATIC FRONT SLACK ADJUSTERS 001 STANDARD KINGIBUSHINGS 53"65 TRW THP-80 POWER STEERINGWITH RCH45 130 AUXILIARY GEAR 53MO3 POWER STEERING PUMP 534-003 4 QUART POWER STEERINGRESERVOIR 533-004 OIUAIR POWER STEERINGLMOUNTED 5 ABOVE FRONT CLOSING CROSSMEMBER SYNTHETIC 7 LUBE Front Suspension 20,00 FLAT LEAF FRONT SUSPENSION 310 1 I L - SUSPENSIONFRONT 410-001 FRONT SHOCK ABSORBERS Rear Axis and Equipment 42D-103 RT-443-160 I 0 L 421 TI 424-001 IRON REAR AXLEI ITH STANDARD AXLE HOUSING 075 MXL 18T MERITOR EXTENDED LUBE MAIN100 100 IVLI NE WITH HALF ROUND YOKES 38"73 MXL 17T MERITORLUBE INTERAXLE DRIVELINE YOKES 87"19 (1)INTERAXLEL VALVE FORTANDEM TRIDEM DRIVEAXLES 7A-001 BLINKING LAMP WITH EACH I NTERAXLE LOCK ITCH,I NTERAXLE UNLOCKFAULT WITH IGNITION OFF 423-020 MERITOR 1 +CAST SPIDER DOUBLE ANCHOR,F I T SHOES NON-ASBESTOS433-002 LINING 4 LOCATION 451-023 CONMET CAST IRON REAR BRAKE DRUMS 4254)02 REAR BRAKE T SHIELDS 10 440-008 REAR OIL SEALS 420-1 B3 BENDIXL 2-DRIVE AXLESING PARKING CHAMBERS 003 HALDEX AUTOMATIC REAR SLACK ADJUSTERS 41T-002 SYNTHETIC75W-90 LE LUBE Application 10.1.105 11/09/2018 Data Version PRIL-11813.029k I City of Boynton Beach Vac Can , Page 1 Page 948 of 1256 Prepared for: Prepared by: Bill Darty Bob Scharpnick City of Boynton Beach ORLANDO FREIGHTLINER 222 NE 9th Avenue 2455 S.ORANGE BLOSSOM TRAIL Boynton Beach,FIL 33425 APOPKA,FLS 7 Phone:561-742-6215 Phone:4072 3 Weight Weight Date Code Description Front Rear 4ZT-001 STANDARD REAR AXLE BREATHER(S) Rear Suspension 522-ICJ HENDRICKSON RT463 Q46,000#REAR 750 SUSPENSION 621-016 HENDRICKSON RT/RTE-7.1 O'SADDLE 431-001 STANDARD AXLE SEATS IN AXLE CLAMP GROUP 624-009 54 INCH AXLE SPACING 10 028-005 STEEL BEAMS AND BRONZE CENTER BUSHINGS WFrH BAR PIN ADJUSTABLE END CONNECTIONS 623-M FORE/AFT CONTROL RODS Brake System 490-100 WABCO 4SAM ABS 871-001 REINFORCED NYLON,FABRIC BRAID AND WIRE BRAID CHASSIS AIR LINES 904-001 FIBER BRAID PARKING BRAKE HOSE 412-001 STANI)ARD BRAKE SYSTEM VALVES 4610-002 STANDARD AIR SYSTEM PRESSURE PROTECTION SYSTEM 413-002 STD U.S.FRONT BRAKE VALVE 432-003 RELAY VALVE WITH"PIC C SURE, NO REAR PROPORTIONING VALVE 480-009 BW AD-9 BRAKE LINE AIR DRYER WITH HEATER 20 479-024 AIR DRYER MOUNTED OUTBOARD ON RH RAIL BACK OF CAB,MAXIMUM 20 INCHES BACK OF CAB PROTRUSION 460-089 (1)12 INCH STEEL AIR TANK MOUNTED ABOVE FRAME BACK OF CAB.20 INCHES MAXIMUM BACK OF CAB PROTRUSION 477-004 PULL CABLES ON ALL AIR RESERVOIR(S) Trailer Connections 335-OD4 UPGRADED CHASSIS MULTIPLEXING UNIT Whesibess&Frame 545-670 0700MM(284 INCH)WHEELBASE 548-101 11/32X3-112X1D-1rd15 INCH STEEL FRAME 381 120 (6.73MMX277.8MM/0.344XI0.94 INCH)10 1 647-001 1/4 INCH(6.35MM)C INNER FRAME 220 435 REINFORCEMENT 552-054 2275MM(90 INCH)REAR FRAME OVERHANG SBW-008 FRAME OVERHANG RANGE:81 INCH TO 90 -40 100 INCH Application Version 10.1.105 11/09/2018 2:57 PM Data Version PRL-1 8D.029 City of Boynton Beach Vac Con Page 7 of 14 Page 949 of 1256 Prepared for: Prepared by: Bill Darly Bob Scharpnick City of Boynton Beach ORLANDO FREIGHTLINER 222 NE ft Avenue 2455 S.ORANGE BLOSSOM TRAIL Boynton Beach,FL. 33425 APOPKA,Fl. 32703 Phone:561-742-a215 Phone,4072SM846 Weight Weight Data Code Description Front Rear 549-036 12 INCH INTEGRAL FRONT FRAME EXTENSION so -10 ACS-9913 CALC'D BACK OF CAB TO REAR SUSP C/L(CA): 180.34 In AEB-99D CALCULATED EFFECTIVE BACK OF CAB TO REAR SUSPENSION C/L( ): 177.34 in AE4-99D CALC'D FRAME LENGTH-OVERALL: 393.08 AW99D CALCID SPACE AVAILABLE FOR DECKPLATE: 180.54 In FSS-OLH CALCULATED FRAME SPACE LH SIDE: 85.85 In FSS-ORH CALCULATED FRAME SPACE RH SIDE: 234.07 In 553-001 SQUARE END OF FRAME 550-001 FRONT CLOSING CROSSMEMBER 560-001 STANDARD WEIGHT ENGINE CROSSMEMBER 692-001 STANDARD MIDSHIP#1 CROSSMEMBER(S) 572-001 STANDARD REARMOST CROSSMEMBER 585-001 STANDARD SUSPENSION CROSSMEMBER Chassis Equipment 55"97 IT FRONT BUMPER,CUSTOMER INSTALLED -100 SPECIAL BUMPER,DOES NOT COMPLY WITH FMCSR 393.203 558-001 FRONT TOW HOOKS-FRAME MOUNTED 15 551-017 GRADE 8 THREADED HEX HEADED FRAME FASTENERS INSTALLED WITH BOLT HEADS ON OUTSIDE OFF 606-119 DRILLING PREP FOR VAC-CON PER DRAWING #670-30M,REVISION C,04120/17 Fuel Ten 204-156 100 GALLO LITER ALUMINUM FUEL TANK- 20 LH 218-000 25 INCH DIAMETER FUEL TANK(S) 215-005 PLAIN ALUMINUM/PAINTED STEEL FUELJHYDRAULIC TANK(S)WITH PAINTED BANDS 212-007 FUEL TANK(S)FORWARD 064-001 PLAIN STEP FINISH 205-001 FUEL TANK CA S) 122-IK3 DAVC 0 487 FUELIWATER SEPARATOR WITH is ESOC 210-020 EQUIFLO INBOARD FUEL SYSTEM 11 F-gW NO NATURAL GAS VEHICLE FUEL TANK VENT LI TACK Application Version 10.1.105 11/0912018 2:57 PM Data Version PRL-1 813.029 Cky of Boynton Beach Vac Con Page 8 of 14 Page 950 of 1256 Prepared for: Prepared by: Bill Darty Bob Scherpnick Cky or Boynton Beach ORLANDO FREIGHTLINER 222 NE gth Aventie 2455 S.ORANGE BLOSSOM TRAIL Boyntm Beach,Fl. 33425 APOPKA,Fl. 32703 Phone:501-742-8215 Phone:40729NO48 Weight Weight Data Code Description Front Rear -—---------- 20E-004 AUXILIARY FUEL SUPPLY AND RETURN PORTS LOCATED ON LH FUEL TANK 202-016 HIGH TEMPERATURE REINFORCED NYLON FUEL LINE 221-001 FUEL COOLER 10 Tims 0w1wY BF GOODRICH CROSS CONTROL S 425MBR22.5 174 20 PLY RADIAL FRONT TIRES 094-1 DK BF GOODRICH DR444 11 .514 PLY RADIAL 64 REAR TIRES Hubs 418-060 CONMET PRESET PLUS PREMIUM IRON FRONT HUBS 450-060 C PRESET PLUS PREMIUM IRON REAR HUBS Wheels 502-566 MAXION WHEELS 10035 22.SX12.251 U 102 PILOT 4.75 INSET 5-HAND STEEL DISC FRONT WHEELS 506-524 MAXION WHEELS 90541 22.5M.251 HU ILOT 2-HAND STEEL DISC REAR WHEELS Cab Exterior 820-IA2 1141 BBC FLAT ROOF ALUMINUM CONVENTIONAL CAB 650-008 AIR CAB MOUNTING 04"02 NONREMOVABLE BUGSCREEN MOUNTED BEHIND GRILLE 667-001 FRONTFENDERS 754-002 3-1/2 INCH FENDER EXTENSIONS 16 678-001 LH AND RH GRAB HANDLES 046-041 STATIONARY BLACK GRILLE BSX-004 BLACK HOOD MOUNTED AIR INTAKE GRILLE 644-004 FIBERGLASS HOOD 727-1AF SINGLE 14 INCH ROUND HADLEY AIR HORN UNDER LH DECK 728-002 DUAL ELECTRIC HORNS 728-001 SINGLE HORN SHIELD 657-ICV DOOR LOCKS AND IGNITION SWITCH KEYED THE SAME WITH(4)KEYS 575-001 REAR LICENSE PLATE MOUNT END OF FRAME 312-088 HALOGEN COMPOSITE HEADLAMPS WITH BLACK BEZELS Application Version 10.1.10 J-" 11/00/2018 2:57 PM Deft Version PRL-18D.029 City of Boynton Beach Vac Con e, Page 9 of 14 Page 951 of 1256 Prepared for: Prepared by. Bill Deny Bob Scharpnick City of Boynton Beach ORLANDO FREIGHTLINER 222 NE 9th Avenue 2465 S.ORANGE BLOSSOM TRAIL Boynton Beach,FL. 33425 APOPKA,Fl. aZ703 Phone,561-742-6215 Phons:4072953846 Weight Weight Data Code Description Front Rear 302-D47 LED AERODYNAMIC MARKER LIGHTS 311-012 DAYTIME RUNNING LIGHTS-LOW BEAM ONLY 294-IAB GROTE#W32 LED STOPfrAIIJTURN LIGHTS GROMMET MOUNTED WITH SEPARATE GROTE #02401 LED BACKUP LIGHTS 30D-015 STANDARD FRONT TURN SIGNAL LAMPS 744-113H DUAL WEST COAST MOLN COLOR MIRRORS 797-001 DOOR MOUNTED MIRRORS 7 102 INCH EQUIPMENT WIDTH 743-IAP LH AND RH 8 INCH MOLN COLOR CONVEX MIRRORS MOUNTED UNDER PRIMARY MIRRORS 729-001 STANDARD SIDE/REAR REFLECTORS 677-054 RH AFTERTREATMENT SYSTEM CAB ACCESS WITH PLAIN DIAMOND PLATE COVER 768-1343 63X141 C TINTED REAR WINDOW eel-= TINTED DOOR GLASS LH AND RH WITH TINTED NON-OPERATING WING WINDOWS 654-027 RH AND LH ELECTRIC POWERED WINDOWS, 4 PASSENGER SWITCHES ON DOOR(S) 760-002 LOWER RH DOOR WINDOW WITH FRESNEL 7 LENS 603-013 TINTED WINDSHIELD 6159-007 8 LITER WINDSHIELD WASHER RESERVOIR, CAB MOUNTED,WITHOUT FLUID LEVEL INDICATOR Cab Interior 707-1AK OPAL GRAY VINYL INTERIOR 706-013 MOLDED PLASTIC DOOR PANEL 7 01 MOLDED PLASTIC DOOR PANEL 772-M BLACK MATS WrrH SINGLE INSULATION 785-001 DASH MOUNTED ASH TRAYS AND LIGHTER 891-008 FORWARD ROOF MOUNTED CONSOLE WITH UPPER STORAGE COMPARTMENTS WITHOUT NETTING 69"10 IN DASH STORAGE BIN 593-023 LH DOOR MAP POCKET 742-007 (2)CUP HOLDERS LH AND RH DASH 0804)06 GRAYICHARCOAL FLAT DASH 880-004 SMART SWITCH EXPANSION MODULE num HEATER,DEFROSTER AND AIR CONDITIONER 701-001 STANDARD HVAC DUCTING Application Version 10.1.105 11109/2018 2:57 PM Date Version PRL-18D.029 City of Boynton Beach Vac Can Page 10 of 14 Page 952 of 1256 Prepared fbr: Prepared by. Bill Darty Bob Scharpnick City af Boynton Beach ORLANDO FREIGHTLINER 222 NE Oth Avenue 2456 S.ORANGE BLOSSOM TRAIL Boynton Beach,FL 33425 APOPKA,FL 32703 Phone:551-742-6215 Phone:407205380 Weight Weight Data Code Description Front Rear .......................... 703-005 MAIN HVAC CONTROLS WITH RECIRCULATION SWITCH 170-015 STANDARD HEATER PLUMBING 130-033 DENSO HEAVY DUTY AIR CONDITIONER COMPRESSOR 702-M BINARY CONTROL, -13 7394133 STANDARD INSULATION 285-013 SOLID-STATE CIRCUIT PROTECTION AND FUSES 280-007 12V NEGATIVE GROUND ELECTRICAL SYSTEM 324-014 DOME LIGHT WITH 3-WAY SWITCH ACTIVATED BY LH AND RH DOORS 655-005 LH AND RH ELECTRIC DOOR LOCKS 284-023 (1)12 VOLT POWER SUPPLY IN DASH 750-11.13 BASIC HIGH BACK AIR SUSPENSION DRIVER 30 SEAT WITH MECHANICAL-LUMBAR AND INTEGRATED CUSHION EXTENSION 700-1.13 BASIC HIGH BACK AIR SUSPENSION 25 10 PASSENGER SEAT WITH MECHANICAL LUMBAR AND INTEGRATED CUSHION EXrENSION 711-004 LH AND RH INTEGRAL DOOR PANEL ARMRESTS 758-030 VINYL WITH VINYL INSERT DRIVER SEAT 761-036 VINYL WITH VINYL INSERT PASSENGER SEAT 763-101 BLACK SEAT BELTS 532-M ADJUSTABLE TILT AND TELESCOPING 10 STEERING COLUMN 640-015 4-SPOKE 181 (450MM)STEERING WHEEL 786-002 DRIVER AND PASSENGER INTERIOR SUN VISORS Instruments&Controls 7a2-004 GRAY DRIVER INSTRUMENT PANEL 734-004 GRAY CENTER INSTRUMENT PANEL 871-4)D3 ENGINE REMOTE INTERFACE WITH PARK BRAKE AND NEUTRAL INTERLOCKS 87G-001 BLACK GAUGE BEZELS 480-001 LOW AIR PRESSURE INDICATOR LIGHT AND AUDIBLE ALARM 840-002 2 INCH PRIMARY AND SECONDARY AIR PRESSURE GAUGES 198-003 DASH MOUNTED AJR RESTRICTION INDICATOR WITH GRADUATIONS 721-003 PRC O 1040 87 DB TO 112 DB AUTOMATIC 3 SELF-ADJUSTING BACKUP ALARM Appilmdon Version 10.1.10511 1 8 2:67 PM Data Version PRL-18D.029 City of Boynton Beach Vac Con Page 11 of 14 Page 953 of 1256 Prepared for: Prepared by: Bill Derty Bob Scherpnick City of Boynton Bmch ORLANDO FREIGHTLINER 222 NE 9th Avenue 2455 S.ORANGE BLOSSOM TRAIL Boynton Beach.FL 33425 APOPKA,FIL a2703 Phone:501-742-0215 Phone:4072053846 Weight Welght Data Code Description Front Rear ---— — -------- ............. 14"13 ELECTRONICC I TROL WITH SWITCHES IN LH SWITCH PANEL 150-007 KEY OPERATED IGNITION SWITCH AND INTEGRAL START POSITION;4 POSITION OFF/RUN/START/ACCESSORY 157-007 MANUAL REMOTE ENGINE STOPISTART WITH PTO RE-ENGAGE 811-042 ICU3S,132948 DISPLAY WITH DIAGNOSTICS.28 LED WARNING LAMPS AND DATA LINKED 160-038 HEAVY DUTY ONBQARD DIAGNOSTICS INTERFACE CONNECTOR LOCATED BELOW LH DASH 844-001 2 INCH ELECTRIC FUEL GAUGE 845-011 FUEL FILTER RESTRICTION INDICATOR 148-071 ENGINE REMOTE INTERFACE WITH INCREMENTIDECREMENT 163-001 ENGINE REMOTE INTERFACE CONNECTOR AT BACK OF CAB 33U-004 PREWIRE PACKAGE FOR VAC-CON CONTROL MODULE AND CHASSIS INTERFACE 858-001 ELECTRICAL ENGINE COOLANT TEMPERATURE GAUGE W4_001 2 INCH TRANSMISSION OIL TEMPERATURE GAUGE 830-017 ENGINE AND TRIP HOUR METERS INTEGRAL WITHIN DRIVER DISPLAY 372-073 (1)DASH MOUNTED PTO SWITCH WITH 5 INDICATOR LAMP-PARK BRAKE AND NEUTRAL INTERLOCK FOR CUSTOMER INSTALLED PTO 852-M ELECTRIC ENGINE OIL PRESSURE GAUGE 746-115 AM/FMANB WORLD TUNER RADIO WITH 10 BLUT OOTHA ND USB AND AUMLIARY iNPUTS, J1930 747-001 DASH MOUNTED RADIO 750-002 (2)RADIO SPEAKERS IN CAB 753-001 AMIFM ANTENNA MOUNTED ON FORWARD LH ROOF 748-008 POWER AND GROUND WIRING PROVISION OVERHEAD 749-016 CB.WIRING ONLY TO ROOFIOVERHEAD CONSOLE;NO MOUNTING PROVISION 7 Q2 RADIO WIRING WITH POWER CUTOFF WHEN VEHICLE IN REVERSE GEAR 61G-027 ELECTRONIC MPH SPEEDOMETER WITH SECONDARY KPH SCALE,WITHOUT ODOMETER Application Version 10.1.105 11 1 6 2:57 PM Date Version PRL-18D.020 � _ City of Boynton Besch V Con Page 12 of 114 Page 954 of 1256 Prepared fbr: Prepared by: Bill Darty Bob Scharpnick City of Boynton Beach ORLANDO FREIGHTLINER 222 NE ft Avenue 2455 S.ORANGE BLOSSOM TRAIL Boynton Beach,FIL 33425 APOPKA.FL 32703 Phone:581-742-0216 Phone:4072953846 Weight Weight Date Code DswAptlon FrontRear ...................... .......................... 817-001 STANDARD VEHICLE SPEED SENSOR 812-001 ELECTRONIC 3000 RPM TACHOMETER 812A134 VT-HU CONNECTIVITY PLATFORM HARDWARE BDI-002 2 YEARS DETROIT CONNECT BASE PACKAGE (VIRTULT IIA IT CONNECT PORTAL ACCESS)FOR VT-HU CONNECTIVITY PLATFORM 162-018 IGNITION SWITCH CONTROLLED ENGINE STOP WITH CONTROL MOUNTED AT FIREWALL SIY-001 PRE-TRIP LAMP INSPECTION.ALL OUTPUTS FLASH,WITH SMART SWITCH 830-015 DIGITAL VOLTAGE DISPLAY INTEGRAL WITH DRIVER DISPLAY BOD408 SINGLE ELECTRIC WINDSHIELD WIPER MOTOR WITH DELAY 30"01 MARKER LIGHT SWITCH INTEGRAL WITH HEADLIGHT SWITCH 682-018 ONE VALVE PARKING BRAKE SYSTEM WITH DASH VALVE CONTROL AUT ONEUTRAL AND WARNING INDICATOR 299-013 SELF CANCELING TURN SIGNAL SWITCH WITH DIMMER,WASHERNY IPER AND HAZARD IN HANDLE 298-039 INTEGRAL ELECTRONIC TURN SIGNAL FLASHER WITH HAZARD LAMPS OVERRIDING STOPLAMPS. Design 06&000 PAINT:ONE SOLID COLOR Color NO-5F6 CAB COLOR A:L0006EB WHITE ELITE BC 9811-020 BLACK HIGH SOLIDS POLYURETHANE CHASSIS PAINT 062-072 POWDER WHITE(NODOOEA)FRONT WHEELS/RIMS(PKWHT21,TKWHT21,W,TW) ON-972 POWDER WHITE(NOODGEA)REAR WHEELSIRIMS(PKWHT21,TKWHT21,W.TW) OSM03 STANDARD E COATIUNDERCOATING Certification I Compliance OW001 U.S.FMVSS CERTIFICATION,EXCEPT SALES CABS AND GLIDER KITS Secondary Factory Options 8OP-041 VOCATIONAL PCF VACUUM TRUCKS Sales Programs Application Version 10.1.105 11 1 2:57 PM Daft Version PRIL-1 810.029Ai City of Boynton Beach Vac Can Page 13 of 14 Page 955 of 1256 Prepared for: Prepared by. Bill Darty Bob Scherpnick City of Boynton Beach ORLANDO FREIGHTLINER 222 NE Gth Avenue 2455 S.ORANGE BLOSSOM TRAIL Boynton Beach,FL 33425 APOPKA,FL 32703 Phone:501-742-41216 Phone:4072953846 Weight Weight Data Code Description Front Rear NO SALES PROGRAMS HAVE BEEN SELECTED TOTAL VEHICLE SUMMARY Weight Summary Weight Weight Total Front Rear Weight Factory Welghe 90921be 68031159 18795 lbs ...................... ................................................... Total Weighe 9992lbs 8803lbs 18795 ft Weights shown are estimates only. If weight Is critical,contact Customer Application Engineering. Application Version 10.1.105 11/09/2018 2:67 PM Date Version PRI-4813.029 City of Boynton B"ch Vac Con Page 14 of 14 Page 956 of 1256 FpF, .a9r CXXJNTEES Ad Abmt FLORIDA SHERIFFS ASSOCIATION & FLORIDA ASSOCIATION OF COUNTIES Name of Dealership Type of Vehicle Zone Base it Price 51009 LH QYWR CAB&CHASSIS-4X6 TAMEM AXLE MUCK(Smci cation 9151 Lou Bachrodt Freightliner1 i tli 112 $57,750.00 ............................... ..... . ................... .... ........... ............................................................................................. ...................................................... ......................................................... Orlandoi tl'ner 2019 Freightliner -112 Western $65,113.00 Lout Freightfiner 2019 Freightliner M2-112 *Northam $57,750.00 ALT-Orlando Freightliner 1 Freightliner -112 Northern $65,113.00 Lou t Freightliner 2019 Freightliner112 1 $57,750.00 Orlando Freightliner 2019 F ' h i 112 C $65,113.00 Lou t Freightliner 2019in 112 *Southern $57,750.00 Orlando i tl' r 2019Freightliner -112 Southern $65,113.00 Maudlin Intwnfftional Trucks 2019International es $103,500.00 2019 International HX Western —NB— Maudlin International Trucks1 International $102,500.00 2019 International - — Sun State International Trucks,LLC 2019 International I $102,250.00 Maudlin International Trucks1 atio n $102,500.00 Rechtien International Trucks,Inc. 2019 International 1 .00 2019 International Southern — Maudlin International Trucksl International , 5 . 2019 International e - — Maudlin Intemational Trucks1 tial $91,650.00 2019 alio l HV Northern —TO— Sun State International Trucks,LLC 2019 International HV Central $91,620.00 Maudlin International c 019 International HV C $91,650.00 Rechtien International cks,Inc. 2019 International HV Southern S89,363.00 2019 International of KenworthJacksonville 1Kenworth 0 Western $102,997-00 2019 Kenwortheste - — Kenworth of Jacksonville 2019 en 0 Northern $102.725.00 Page 957 of 1256 2O1 9 Kenworth T880 Northern —NB— Kenworth of Central Florida 2019 Kenworth T880 central $104,900.00 2019 Kenworth T880 Central ..NB— Kenworth of South Florida 2019 Kenworth T880 Southern $102,200.00 2019 Kenworth T890 Southern .-NB— Nextran 2019 Mack AN or 0 Series western $108,192.00 2019 Mack AN or G Series western —NB-- Nextran 2019 Mack AN or 0 Series Northam $109,192.00 2019 Mack AN or G Series Northern —NB— Nextran 2019 Mack AN or 0 Series central $108,192.00 2019 Mack AN or G Series Central —NB— Nextran 2019 Mack AN or 0 Series Southern $109,192.00 2(YI-9r'Mibk SbVffi&ff...................................... ...NB................................ Nextran 2019 Mack MM Western $96,955.00 2019 Mack MED Western ..NB— Nextran 2019 Mack MBD Northern $96,955.00 2019 Mark MM Northam —NB-- Nextran 2019 Mack MIM Central $96,955.00 2019 Mack MBD central —NB— Nextran 2019 Mack MED Southern $96,955-00 2019 Mack MBD Southern --NB— Rush Truck Center-Tarnpa 2019 Pateybilt 567 Western $105,204.00 2019 Paterbilt 567 Western --NB— s Track Center-Tampa 2019 Paterbilt 567 Northern $105,204.00 2019 Peterbilt 567 Northern .-NB— Rush Truck Center-Tampa 2019 Peterbilt 567 Central $105,204.00 2019 Peterbilt 567 Central —NB-- Palm Truck Center 2019 Petarbilt 567 Southern $104,651.00 2019 Peterbilt 567 Southern —NB— Truckmax,Inc 2019 Volvo V Series western $94,592.00 ALT-Nextran 2019 Volvo V Series Western $98,552.00 TruckmM Inc 2019 Volvo V Series Northern $94,592.00 ALT-Nextran 2019 Volvo V Series Northam $98,552.00 TruckmM Inc 2019 Volvo V Series Central $94,592.00 ALT-Nodran 2019 Volvo V Series Contra] $98,552.00 TruckmM Inc 2019 Volvo V Series Southern $94,592.00 ALT-Nextran 2019 Volvo V Series Southern $98,552.00 Page 958 of 1256 Southport Truck Group2019 Western4700 Western $82,925.00 ALT-Four Star Fraightliner2019 e r 4700 western $88,585.00 Southport Truck 2019 Westem Star 4700 Northern $92,925.00 Four Star Freightliner 2019 Western4700 Northern .$89.585-00 Southport Truck Group 2014 Western Star 4700 Central $82,925.00 Four Star Freightliner 2019 Westernr 4700 Central $88,595.00 Southport Truck Group 2019 4700 Southern $92,925.00 2019 Western4700 Southern - — Page 959 of 1256 1 S'Y^ ELt( COUNTMS S � s a FLORIDA SHERIFFS ASSOCIATION SPECIFICATION& FLOREDA ASSOCIATION OF COUNTIES529,000 LB GVWR CAB & CHASSIS - 4X6 TANDEM AXLE TRUCK 2019 ri tiM2-112 ........ .. .. to i Ie. 6.....1 ' ...... io. The Freightliner M2-112 i contract comes with all the standardequipment as specified a manufacturer for this model and FSA's base vehicle ecr c tio (s)requirements which am included a part of thisvehicle price as awarded by specification by zone. PRICE:ZONE: Western Northern Central Southern BASE 5,113.00 $65,113-00 $65,113.005,113.00 While a Florida Sheriffs Association and FloridaAssociation of Countieshave attempted to identify and include ose equipment items most often requested by participatingcies for Ul size vehicles,we realizeequipment c vary from agency to agency.In an effbrt to incorporate flexibility t r program,we have created specific add/delete options which allow the purchaser to tailor the vehicle 'r particular wants or needs. The following equipment delete and add options and their related cost are providedis you in approximating1 cost of the type vehicle(s)you wish to order through thisSimply deduct the cost of any of the following equipmentitems you wish deleted the base unit cost or add the cost of any equipment items you wish added to the base unit cost to determine the approximate cost of the type vehicle(s)you wish to order. NOTE:An official listing of all add/delete options it prices should be obtained a appropriate dealer in your zone preparing your order.Additionaladd/delete options other than those listed here maybe available through the dealers,however,those listed must be honored by the dealers in your zone at thest rio . Page 960 of 1256 VEHICLE: M2-112(ALTERNATE DEALERS) DEALER: Orlando Freightfiner Orlando Freightliner Orlando FreightlineT Orlando Freightliner ZONE: Western Northern Central Southern BASE PRICE, $65,113.00 $65,113.00 $65,113.00 $65,113.00 Order Code Delete Options All Zones Enginahranmnission-specify NA Engine/transmission-specify NA Enginchramunission-specify NA Engine/ftwunnission-specify NA Delete Option-Specify NA Delete Option-Specify NA .... ......... .1baii.,*on..6&* NA Delete Option-Specify NA Delete Option-Specify NA Order Code Add Options All Zones 101-2X3 Engine upgrade-specify $456.00' 380HP DDM 1 1. 1 101-2X5 Engine upgrade-specify $556.00' 10 Dl DDJ3 I Engine upgrade-specify NA `Engine upgrade-specify NA Engine upgrade-specify NA Transmission upgrade-specify NA T�ransmission upgrade-specify NA Transmission upgrade-specify NA Transmission upgrade-specify NA Transmission upgrade-specify NA 59000 1 5 9,000 lb.QVWR.package $38,560.00 41 OHP D13 4500RDS A UTOMA TIC 64000A 64,000 lb.GVWR.package $39,445.001 410HP DD13 4581 66000A GVWR.upgrade-specify $40,766.00" 410HP DD13 450ORDSAUTOMATIC 700001 GVWR.upgrade- eci 1 ,178.00' 41GHP DD13 4500RW 13200 STEERABLE 3RD AXLE GVWR,upgrade-specify NA i GVWR,upgrade-specify NA GVWR upgrade-specify NA Bi-fuel model-specify NA CNG prep-specify NA- CNG conversion(discuss with dealer) NA Page 961 of 1256 VEHICLE: M2-112(ALTERNATE DEALERS) DEALER: Orlando Fraightliner Orlando Freightliner Orlando Freightliner Orlando Freightliner ZONE-• Western Northam Central Southern BASE PRICE: $65,113.00 $65,113.00 $65,113.00 $65,113.00 LPG conversion(discuss with dealer) NA 206-1521 Dual fbel tanks,or equivalent $959.00 1 Nitrogen filled tires including spare tire NA Allison 400ORDS Auto Transmission to include synthetic oil,TES 295 or approved Std equivalent Allison 450ORDS Auto Transmission to include synthetic oil,TES 295 or approved Std equivalent 547-001 1 Double Fmne:fidl steel insert $1,370.001 ...................................................................................................................................................................................... ............... ...... .. ........ ............................................................................ .............................. Front Axle: 14,000 lb rating to include equal capacity steering gear and spnngs 400-IAS Front Axle: 14,600 lb rating tD include equal capacity steering gear and springs $24,942.00' 410HP DDI 3 450ORDS AUTOWTIC 1 400-1 A9 Front Axle: 16,000 lb rating to include equal capacity steering gear and springs $26,675.00 41 DNP DDI3 4500RDSAMMTIC ' 58000 Front Axle. 18,000 lb rating to include equal capacity steering gear and springs $39,560.00 18 FRO NT 46 REARS 4JOHP DDIJ 4500RDSAMOMTIC I 66000B I Front Axle:20,000 lb.rating to include equal capacity steering gear and springs $40,766.0011 120FRO A746PA4RS410HPDD]3450ORWAUTOMA27C I 64000B Rear Axle:46,000 lb Arvin Meritor,Eaton,Mack,or equivalent $39,445.00' !IS FRONT 46 REARS 410HP D 1 450ORDSAMMATIC I Rigid Lift Axle:Pusher/Tag 13,200 lb rating air lift to include 11 R-22.5 tires with steel NA wheels 035-1A0 Steerable Lift Axle:Pusher/Tag 13,200 lb rating air lift to include I I R-22.5 tires with steel $9,970.00' wheeIs 035-0241 Rigid Lift Axle-Pusher/Tag 20,000 lb rating air lift to include I IR-22.5 tires with steel $10,031.00 wheels 035-IAI Stecrable Lift Axle:Pusher/Tag 20,000 lb rating air lift to include 11 -22.5 tires with steel $12,928.00' wheels 622-0051 Rear Suspension:40,000 lb air ride $337.00", 622-1 CJ Raw Suspension:46,000 lb Chalmers,Hendrickson,Mack,Volvo"T"ride or equivalent $7,350.00' 46K RK4RS AND SUSPENMON I Rem Suspension:46,000 lb air ride NA 12YDDUW 12 yd.dump body with hoist and electric tarp system.State model bid. $25,317.00 OXBODIES AM FK I 18YDDUMP 19 yd.dump body with hoist and electric tarp system.State model bid. $27,019.0011 0XBODIES MAVERICKREQUIRES 64000 GFV ON I ROLLOFF1 Rolloff hoist system and tarp system.State model bid. $52,910.001 GALBREATH USO 174 W1TARP TOOL BaXSTEEL FENDERS-REQUIRES 66M GYWR OPTION Cob suspension-air ride Incl. 452-0061 Driver controlled differential lock $1,243.00' OX TRAIL Optional mounted body-specify $35,545.001 MAKER CARBONSMELMATERUL Page 962 of 1256 VEHICLE: M2-112(ALTERNATE DEALERS) DEALER: Orlando Freightliner Orlando Freightliner Orlando Freightliner Orlando Fraightliner ZONE: Western Northam Central - Southern BASE PRICE,• $65,113.00 $65,113.00 $65,113.00 $65,113.00 1 $40,543.00' 2 1 0YDALUMDUMP Optional mounted body-spec* OXBODI ESALU MDUJP 40001-120 Optional mounted body-specify $53.550.00 4000 GALLON SELFLOADING WATER TANK-2 REAR SPRA Y HEADS-ELECTRAC TURRET WfTff IN CAB CONTROLS-ADD 16000 FOR FATM7D SPRA Y BAR WrFH 2 STREET WASHER ADJ HEADS VACTANK Optional mounted body-specify $79,900.00'. 4000 GALLON STEEL SEPTIC TANK-NVE866 500 CFM PACU M'STEMADD$13575 FOR ALUM TANK RDD swoo FOR HoisTAND FuLL opmvm REAR GS CS9133A Optional mounted body-specify ............1...............$129,000.00 ............. rM.P13 . RODUM CS93AM.YDRUIM.A1.1 E . UI .GE. . .... LOADMASTER Optional mounted body-specify $71,900.00 E,XCFL S-2727 LCADER REQUFRUS 58000 GFV LOADMASTER. Optional mounWd body-specify $72,900.00 S-33 33 CY REAR LOADER REQUIRES 64000 GVW OPTION PETERSEN Optional mounted body-specify $103,500.00', ATLAS PET EMENBVDUSTMESALI-2236HARDOXBODY-TA RP-MGLE PIECE REAR DOOR-WORK LIGHTS-REQWRO64000GVW OPTION SB9232 Optional mounted body-specify $149,900.00' GSPRODUCIS32CYSPLIT SO-SOSIDELOADER-REQUIRES64000Gi,w Optional mounted body-specify NA 016-10 Optional equipment-specify $922.00 1 TER TICAL EM MT 744-IBC Optional equipment- i t 295.00 BRIGHT LIGHTED AV TO AfiRRORS 532-002 t tional equipment-specify $477.00"1 TILT TELESCOPIC STEERING WHEEL Optional equipment-specify NA Optional equipment-specify NA Optional equipment-specify NA Optional equipment-specify NA Optional equipment-s i NA Optional equipment-s i NA Optional equipment-specify NA Optional equipment-specify NA Optional equipment-specify NA Optional equipment-specify NA Optional equipment-specify NA Optional equipment-specify NA Optional equipment-specify NA Optional equipment-specify NA Optional equipment-specify NA Page 963 of 1256 VEHICLE•- -1 12(ALTERNATE DEALERS) DEALER-• Orlando Freightliner Orlando Freightliner Orlando Freightliner Orlando Freightliner ZONE: western Northam Central Southern BASE PRICE: $65,113.00 $65,113.00 $65,113.00 $65,113.00 Optional equipment-specify NA Optional equipment-specify NA TFAe Temporary tag $3.00 1 TRANSFERI Transfer existing registration(must provide tag number) NAI VAJUESBY&VNTHANDGYNX I NEW TAG I New state tag(specify state,county,city,seri ,etc.) NAI ;wEsBYmdNTHANDGvwR I Maintenance 1an-specify NA .................. ................................................... ........................................... ....................... ....... ......................... Maintenance Plan-specifyTSA Maintenance Plan-specify NA . WBB-247 I Warranty-specify $3,925.0011 5 YEAR OR200AELES CHEZ TER C F`Fh7CLECOVMGE I Warranty-specify NA Warranty-specify NA WAI-10V Diesel Warranty-specify $2,900.00 5 YEAR OR 200K WLES MCHEVER COMES FIRSTEW4 ENGINE COVE Diesel Warranty-specify NA Diesel Warranty-specify NA Page 964 of 1256 FSAI - 1 Competitive Pmrhasing1 of 8 ( :1 . c .c ri ri i i FLORIDASHERIFFS ASSOCIATION (https://www.flsheriffs.org6 Become r :ll r i . ri . r / - r i - I ) About Sheriffs .r Programs r Publications • Join (https://membership.flsheriffs.org/2017-Membemhlp-LP.htmi) Renew Membership ( :l/ r i ri 1 - rsi - . I ) PURCHASING PROGRAM' Back i Purchasing (https://www.flsheriffs.org/law-enforcement- prog r / r i - rc i - r r ) FSA I 8-VEH 16.0 CAB 8 CHASSIS T UCAS AND HEAVY EQUIPMENT Effective October 1, 2018—September 30, 2019 https://www.fisheriffs.org/law-enforeement-programs/purchasing2Ol8/cab-chassis-trucks-a... Pm/AK of 1256 i - 1 . 1 I Competitive Purchasing Program Page 2 of 8 The Florida Sheriffs Association first procured the Cab & Chassis and Heavy Equipment Contract in 2003. Since then it has grown to one of the premier large truck and equipment contracts for public works, parks and recreation, educational institutes and many others. For details of the products available, review the category you are seeking to purchase. Simply select the drop-down arrow and locate the vehicle of choice. The vehicle links will take you to pages that are solely dedicated to the bid award for that commodity. Continue to scroll the bottom of the page and find a link to all the bid supporting bid documents. FLORIDA SHERIFFS ASSOCIATION Ap ORDERING INSTRUCTIONS (HTTPS://S3.AMAZONAWS.COM/FSA- P U RCHAS I NG-2017/0 R DER ING-INSTR U CTIONS-V10-1 9-17.PD F) VENDOR DIRECTORY (HTTPS://WWW.FLSHERIFFS.ORG/UPLOADS/DOCS/16.0—AWARDED—VENDOR. Need Assistance? Email us at cpp@flsheriffs.org (mailto:cpp@flsheriffs.org) or call 850-877-2165 https://www.fisheriffs.org/law-enforeement-programs/purchasing201 9/cab-chassis-trucks-a... Pajf/2066 of 1256 PUBLIC WORKS DEPARTMENT fREt�LEST FOR PURCHASE ORDER _1/31/2019 501-2515-591.64-33 Justification: i t - _ ton ill _ Ot do� ® r t � , U al a get k I _D[vielon Ch R,,;! t .... Other: ..._ ..blit'......Stonn Water �r .. .. ...I Address: Fed ID ... .. Vendor- Southcan sewer I No. i w !"State;� mw 7 .w Phone- 772-104-9201 ia. t _. . jE. ..F.......< .. ... ., . .. .__..,. .... ......�.... ... ........ ........... .. _. 1 r - -11 . . iTOTAL ____...... ,1 COLOR SIZZ vac-Con ewe_Vag r i i . a : � r r.Me , 3 Each Track ,rear 53 White r Price �,)uote Vendor Name <. ..... ...... _._ k �... ,a C E � f Page 967 of 1256 Southern Sewer Equipm. ent Sales 800-782-4134 # 9171 772-595-6940 - r.com wA Certifi Business" Patrickr16,2018 City 124 East Woolbright Road Boynton Beach,FL 33435 Via 'l: Copy: Mr.Reginald Jonas, :j Mr. Bill Darty, email: s Dear Mr. Franklin, : The Florida Sheriffsthe Sewer Cleaner Body and Chassis. Thisproposal does not includecostfor the chassis. Southern Sewer Equipment Sales is pleasedcCity of Boynton Beach to purchase a nCleaner Contract No. FSAI 8-VEHI 6.0, Specification#53. The e Vac-Con model on Specification#53 includes the following items: Vac-ConNew f 1 I Yard, 3/16" Debris Full Opening Rear Door Hydraulic Rear Door Locks,with Door Grabber and Safety Latch " Butterfly Valve with ' Up/PowerMinimum 50 Degree Tank Dumping,Power Hydraulic Scissors Lift Compressor Automatic1 Protection 8"Vacuum Intake Hose Boom Travel i 80 GPM @ 2500 PSI Water System 1000 Gallon Fresh Water Capacity,Polyethylene HydraulicFront Mounted Fixed Boom,4 Way ith 270 DegreeJoystick Controls Front ounted Fixed Hose1, ' 1" Capacity ' of High Pressureo "Leader Hose (TigerHose Guide 1) Wash Down Hand Gun,20 GPM at 600 PSI i f Hose ' Aluminum Tubes with QuickClamps Sanitary Nozzle,Penetrator Nozzle Fire Extinguisher Triangle ` ICC LED lighting Fort Pierce Office: : 3409 Industrial 27h Sftd 1 575 General DriveN.W.58"Street Pierce,Fort FL 34946 Orlando,FL 32824 Doral, 33166 Page 968 of 1256 PPG Polyurethane Paint 12 Month Standard Warranty Base i $181,891.00 ,ptLonal Eauiument.• ' xl"Hose Reel Capacity ($2,716.00) Upgmde to 12 Yard Debris Tank $5,615.00 Articulating Hose Reel(' $14,744.00 Variablecl $1,320.00 824 Positive 1 $24,388.00 Upgrade to 1 ' Telescoping Boom Assemblyl Station $14,308-00 LED Lighting e: Boom Mounted LED FloodLights, $9,041.00 Flood Lights, 1}Mi=or mounted LED strobe with Limb Guard, 1}Rear Mounted LED Strobe Light with Limb Guard,LED Arrowatick,Hand HeldLED Spotlight and 4 comer LED Strobe System-Bumper Mounted Mun - 'ci 1: Storage Box Behind Cab,Debris $9,276.00 System,Power Flush 50' Capacity Hand Gun Hoseel,Low Water Alarm Light,Body Load Limit Alarm,Back Up Alarm, .5"Water Drain Valve, Knife Valve Municipal Folding i pe Rack, $5,510.00 Additional 10'Tubes,Dual Rollervel Wind Guide,Additional 1 Hose, Nozzle Rack,Rear Tow Hooks, jus l t Heavy Reinforced Elbow $1,160.00 Back Up Camera System with Color1, Flat Style Rear Door with is Rear Door Opener, ' Door,Style Rear includes 1Plate Cone Storage Long Handle Storage Rack,Rear of Mainframe $528.00 Upgrade to 7 Positive Displacement1 (unpublished option,includes 2°% discount) Upgrade to 1500 Gallon Water Capacity lis option, incl 2 $10,864.28 discount) 80 GPM @ 2,000 PSI Water System in l2,500 PSI No Charge Builtin (unpublished option,incl % discount) Lateral Cleaning Kit: %"Hose with Nozzle,Permanently Mounted, $5,769.26 Electronically Contmlled.(unpublishedoption,incldiscount) "Reel 0 1 Wind Guide (unpublished option,inc % discount) $4,970.56 12V DC Auxiliaryis Pump (unpublished option, inc! 2% t) $2,811.62 Upgrade Cone Rack to Hinged Style (unpublished option,incl 2discount) .3 Upgrade to DOT Arrowboard in lieu of Arrowstick(unpublished option,includes 2°% i t) Mid-Body LED Flood Lights with Guards (unpublished option,includes 2°% $721.28 discount) }LED Flood Lights with Guards Mounted Each Sideof Debris Tank $1,442.56 (toWublished option, includest) Mid-Body LED Strobe Lights,Frame Mounted (unpublished option,includes discount) Additional Folding i (unpublished option, includes 2% $2,850.82 discount) Single Pipe Rack,Behind Hose Reel (unpublished option, incl 2% i t) $184.24 Upgrade to Aluminum Storage Box Behind Cab in lieu ofSteel (unpublished .1 option, incl 2°%discount) Page 969 of 1256 Additional Aluminum Storage Box Behind Cab-Driver's i , $2,939-02 " lisp o ,includes 2% discount) Aluminum Storage Box Sideo " " 2411(unpubashed option, inc 2 t) NozzleSEC lNozzle, Super Cycle 3D Nozzle, $5,972.89 Tri-JetCombination 3D Nozzle, (unpublished option,includej 2% discount) TOTAL PRICE FOR VAC-CON BODY: $323,996.95 The y price includes - y to the chassis. Please review the Florida Sheriffs Contract for chassis s 's supplier should drop ship the chassis Vac-Conin Green v s,FL. The specificationse yVac-Con's. We appreciate the opporturdty to provide this equipment to the CityBeach. Please feel free to contact 834-8201,if you have . Sincerely, Jenny" ANN�t� Executive Sales Coordinator J Page 970 of 1256 FLAMle x. ' ? as FLORIDA SHERIFFS ASSOCIATION & FLOREDA ASSOCIATION OF COUNTIES Name of Dealership Type f Vehicle Zone e e Unit Price I "I ABINAMN SEWER CLE Pafs Pump&Blower1 -10 western $217,196-00 ......................................................................................................... ................................................ . . ................................... 2019 qua -1 - — Pat's Pump&Blower 2019 -1 0 N $217,196.00 2019 Aquatech -1 0 Northern —NB— Pat's Pump&Blower2019 Aquatech -10 217,1 2019 Aquatech -10 Central —NB— Pat's Pump&Blower1 ch B-10 Southern17,1 2019 Aquatech -10 Southern - -- Sewer Equipment 01 1 i Combo ntCo.o is Western $257,540.00 1 Equipment Co.of ca o Western 1 Sewer Equipment 2019 Sewer Equipment .of 'ca Northern $257,540.00 900-ECO-12YD Combo 2019 SewerEquipment Co.ofAmerica Northam 900-ECO-12YD Combo, Sewer qui 2019 Sewer Equipment Co.oCentral fAmerica $257,540.00 900-ECO-12YD 2019 Sewer Equipment Co.of Americacentral _ _ 900-ECO-12YD Combo Sewer Equipment 2019 12 i Cot C .ofAmerica Southern $257,540.00 2019 i Co.of America 1 o o - Container Systems Equipment 1 r Products Camel Maxxx western1 ,5 .0 2019 Super ProductsCamel Maxxx western -Container Systems&Equipment 2019 Super Products Camel Maxxx Northern $218,560.0 2019 Super Products Camel Mw= Northern - — Container Systems&Equipment 2019 s Camel Maxxx Central $218,560.00 2019 Super Products Camel MLxxx Central —NB— Page 971 of 1256 Container Systems&Equipment 2019 Super Products Come]Mw= Southern $219,560.00 2019 Super Products Came]Maxxx Southern —NB— Great Soud=Equipment 2019 Vacall AJV 1010 Western $198,435.00 2019 V AIV 1010 Western —NB— t Southern Equipment 2019 Vacall AJV 10 10 Northern $198,435.00 2019 V AJV 101 Northam —NB-- i t 2019 Vacall AN 1010 central $198,435.00 2019 Vacall AJV 1010 Contra] --NB— Great Southern Equipment 2019 Vacall AN 1010 Southern $199,435.00 2019 V AN 1010 Southem —NB— Southern Sewer Equipment Sales 2019 Vac-Con I1 Yard *Western $181,891.00 .o.n.'.I..I.y ............................................... ........W .. .. ....................................M................................... Southern Sewer Equipment Sales 2019 Vao-Con I I Yard *Northern $181'a1.00 2019 Vac-Con 11 Yard Northern —NB-- Southern Sewer Equipment Sales 2019 Vac-Con I1 Yard *Central $181,891.00 2019 Vac-Con 11 Yard Central ..NB— Southern Sewer Equipment Sales 2019 V 11 Yard *Southern $181,891.00 2019 Vac-Con I1 Yard Southmm —NB— Environmental Products of Florida 2019 Vactor 2 1001 Plus Western $245,141.00 2019 V 210 I Plus western --I'M— vi I vironmental Products of Florida 2019 Vactor 21001 is Northern $245,141.00 2019 V 21001 Plus Northern - vi 1 vironmental Products of Florida 2019 VactoT 21 ON is Central $245,141.00 2019 Vactor 21 I Plus Central .-NB— vi e l vironmental Products of Florida 2019 V 210 I Plus Southern $245,141.00 2019 Vactor 2 1001 Plus Southern --NB— Page 972 of 1256 M�ORXDA ASNN. XUAT c FLORIDA SHERIFFS ASSOCIATION & FLOREDA ASSOCIATION OF COUNTIES10 CU YD COMBINATION SEWER CLEANINGNACUUMING MACHINE SPECIFICATION #53 2019 Vac-Con 11 Yard. .. ........ ...... ...... ............. .... .. . ..... � ..._.. ................................�. ...... e n se u Ps eaiiia comes P a C n eq uP ent a s s p e m a n ulictu"'re""r this model and FSA's base vehicle ci tio ( )requirements which are included a part of this 's vehicle base price as awarded by specification by zone. ZONE: *Western o 1 *Southern SE PRICE: $181,391.00 $11, 1. 1 81'g91.00 1 1, l.d While lorida Sheriffs AssociationFlorida Association of Counties have attempted to identify clue those equipment items most afteri requestedparticipating cis fbr fallsiza vehicles,we realize equipment needs and preferences,are going vary fium agency to agency.In an effort to incorporate flexibilityinto our program,we have created specific add/deleteadd/delete options is allow the purchaser to tailor the vehicle to their particular wants or needs. The following i ent delete and add options and their related costvie aassist you in approximating the total cost f the type vehicle (s)you wish to order through this program.Simplye cost of any of the following equipment items you wish deleted from the base unit cost or add the cost of any equipment items you wisha unit cost to determine approximate cost of the type vehicle(a)you wish to order. NOTE:An official listing of all addIdelete options eir pricess out obtained a appropriate dealer in your zone preparingyour order.Additional add/delete options other than those listed here mayavailable ,however,those listed here must be honorede dealers in your zone at the stated prices. Page 973 of 1256 VEHICLE: 11 Yard DEALER: Southern Sewer Equipment Southern Sewer Equipment Southern Sewer Equipment Southern Sewer Equipment Sales Sales Sales Sales ZONE: *Western *Northem *Central *Souffiem BASE PRICE: $181,991.00 $191,991.00 $191,991.00 $181,891.00 Order Code Delete Options �All Zones Dovmgmde to smaller unit-spcci ($9,379.00) Model 6390HN11000,9 Yard Debris Tank to be Mounted on Shot RearAxle Chassis Downgrade to smaller unit-specify ($2,716.00)' 600'x]"Hwe Reel Capavity I I Downgrade to smaller unit-specify NCI 60 GPM @ 2.000 PSI Water System Delete option-specify A........................................ ...... .............................NC. 5 a GPM a 3'.wo,PSI Water S)rj tem 0 nh,40 0,.x.31,4"..rme, .......... Delete option-specify NA Delete option-specify NA Delete option-spec* NA Delete option-specify NA Order Code Add Options All Zones Upgrade to larger unit-specify $5,615.00 Model V3 11 HNII 3 00,Upgr wdr to 1300 Gallon Wa top C"cio-MWlam side mounted god baxes with behind the ca b toot ;box) I Upgrade to larger unit-specify $5,615.00 Model 1',312 l!000,Upgrade to 12 Yard Debris Tank Upgrade to larger unit-specify $63,942.00 Model nim 13J I LHA QN1 MO.Inch des Aemboart High Effleirmy A irflaw Des4w Can C "iv fib Dual Cyclow Ff1irat1vw,,AQD Fan Drive.Quiet PavkW;High 1oume 115;dwstadc Punip,I 114"Plumbing&Heavy Duty Ball Falves.10'Tel Boom Assembly,Heavy DW Elhow-Aractelamig Hose Reel Flat S06 RearDom-,Wash Shield Electronic Water Level Gwgc Swinless Steel M=&Debris Level hidicarar,Debris Body Ank Out Omnibus with Precision Paiver,Krelass Rentore Control,114 Awn all 11alve Water in,Lw-y Susan P4re Rack,6"Kn&Vahv, Ahanimm,Stamp Box Behind Cab Articulating hose reel $14,744.00' Includes Hoe Foofte Counter Hi-dump $3,358.00 160NDumpHeight Wireless remote $5,391.00 Variable flow water system $1,320.00' ImIudes 2 Additional Na=les Hydraulic pump-off systain $13,297.00 575 GPM,Mounted an Rear Door Positive displacement blowers $24,399.00 824 PD Blower I Optional equipment-specify $2,207-00'. Dual Engine Cmftnalon.Gas Amillaty Engine.Includes Hkh Volume H;*w1ade Pump Upgm*and A wilimy bigine Remote if in I Optional equipment-specify $9,534.00 Upgrade to 6'Tele Boant Assembly with Pendant C Station(7itbv in Ts&),Rgoaces Fard Boom Assembly Page 974 of 1256 VEHICLE: 11 Yard DEALER: Southern Sewer Equipment Southern Sewer Equipment Southern Sewer Equipment Southern Sewer Equipment Saks Sales Sales Sales ZONE-• *Western *Northern *Central *Southern BASE PRICE: $181.891.00 $181.991.00 S181,391.00 $181,991.00 Optional equipment-specify $14,308.00' Upgrade to 10'Tete Boom Assembly with Pendivit Cintral&afien(Tube in Tadw),Replavesfted Boom Assemb&I I I I Optional equipment-specify $9,041.00 LEDLWhftPa6mV:Bum MountedLEDRoadfthis with LimbGuarvii,RearMminted LED FloodL(ou wribLimb Guandr.1)Alknor MountrdLED Strabe Li sk with Limb Gmrd 1 Rear Mounted LED SY'rok Light with Limb Guar4 LED Arrowslick Hand Held LED Sponlight and 4 C tent-Buqmr l6unt Optional equipment-specify $9,276.00'1 Municipal Perfornumve Padiage A]:Storage Box Behhu?Cab,Deguir Bm&Power Flush S)m&w&SO'Capacle,Haiti Gun Ham Reel,Law Watri-A lam with Lot.Body Load Limit Alom,Back Up Alam 25"Water Drain T'ahw,b"Kjdfo I'al)M1................._............ . ......................... ................................ ................... ... ................................................................ ............... .................................I.................. Optional equipment-specify $5,510.00 Mimicoal Perfonnance Packop#2:Lasy Susan ar Folding PW Rack,Additional 10' s,Dad&Ikr Level Ond Guide,AdWiand 10#'Hoje.No=lo Rack Rear Am Roah Adjustable Air Gap,First Aid Kit Optional equipment-specify $6,722.0011 Hydra Excavadw Parlage.50'Retraclable Ham Reel with 50'x 112"Bigh Presture Hose,He Duty High Pressure Unloadri-Valve,Main Control Ball Varve&72"x la"Lance with Quick Disconned Optional equipment-specify $6,650.00 Aummatic LubeSymm I Optional equipment-specify $1,160.00, Hea,qRciqiarc ed Elbow I I Optional equipment-specify $1,825.00' 'Back Up Camera with Color Mimfor Optional equipment-spec* $3,950.004 Hy&mficRearDoor Opener I I Optional equipment-specify $5,669.00' FlhrS .Ye Row Door with h'y&wuftc Rear Door Opener,in hem ofDome Sode Rear Dow#ncluder Swing Sole Wear Plate) Optional equipment-specify $1,969.00 Gravio,Drain Sjwem.PI him to Mid-P--Wr Side qjrUnli,Allqg RetLiquids to Manhole Optional equipment-specify $3,329.00 'Lateral CleaningKit with 150'x 112"Hose andNaarle,Dallysb-le Mounts I Optional equipment-specify $437.00' Come Storage mwk I I Optional equipment-specify $529.00' Long Hamfle Storapr A-k Plear of Minot— New state tag(specify state,county,city.shcriff,etc.) NA Transfer existing registration(must provide tag number) NA Temporary tag NA Maintenance Plan-specify $6,000.00' RIonthm Maintenance Plan,Voo-Con Body Ono,-Does Not Incl"Repairs(price is per year)C Dealerfor Details Maintenance Plan-specify $11,500.00, Fidl Service Maintenance Plan,I4 -C Body Ono,-1 1 s ftwirs&Hce is per)var)Cot Dealerfor Details Page 975 of 1256 VEHICLE: r1 Yard DEALER: Southern Sewer Equipment Southern Sewer Equipment Southern Sewer Equipment Southern Sewer Equipment Sales Sales Sales Sales ® *Western *Northmn *Central *Southern BASE PRICE. $181.891.00 S 18 1.89 1.00 $181,891.00 $181,891.00 Warranty-specify $4,327.00' ron Body&kwded Wanmty Ewtudes Ai 'll EVm Wee is per year W to 5 yeff#=Ibimn ftol ivarrwty) Warranty-specify NA Page 976 of 1256 SPECIFICATIONCXXJNTIES FLORIDA SHERIFFS ASSOCIATION & FLOREDA ASSOCIATION OF COUNTIES 10 CU YD COMBINATION SEWER CLEANING/VACUUMING MACIIINE 2019 .. .. ..... .. ...fie ...... `.. .. Vac-Con ...... . ....................................................................................................................................... .... ..... ltdr The Vac-Con 11 Yard purchased through this contract comes with all the standard equipment as specifiedr for this model vehicle specification(s) i hic included e a part oft is contraeft vehicle base priceawarded by specificatione. centralZONE: Western Northern southern BASE PRICE: —No bid-- --No bid— --No bid— —No bid— While the Florida Sheriffs AssociationFlorida ci 'o f Counties have attempted to identify include those equipment items most often requestedparticipating agencies r full size vehicles,we realize equipmentgoing vary from agencyagency.In an effort to incorporate flexibilityinto our program,we have created specific add/delete options which allow the purchaser to tailor the vehicle it particular wants or needs. The followingequipment del a and add options and their related cost am providedassist you in approximating1 cost of the a vehicle (s)you wish to order through this program.Simplydeduct a cost of any of the following equipment items you wish deletedase unit cost /or add the cost of any equipment iterns you wish added base unit cost to determine approximate cost of the type vehicle(s)you wish to order. NOTE:An official listing of all add/delete o 'ons and their priCeS should be obtained e appropriate dealer in your zone when preparing your order.Additional addl isthose listed hemmay be available through the deale er,those listed here must be honored by the dealers in your zone at the stated ' s. Page 977 of 1256 VEHICLE: I I Yard(ALTERNATE DEALERS) DEALER: • Western Northein Central Southern BASE • --No bid-- No bid-- —No bid® No bid-- Order Code Delete Options All Zones Downgrade to all unit-specify Downgrade to smaller unit-specify Downgrade to smaller unit-specify Delete option-specify Delete option-specify Delete option-specify .......................................................----—-­-­­ Dolete option-specify Order Code Add Options All Zones Upgrade to larger unit-spec* Upgrade to larger unit-spec* Upgrade to larger unit-specify Articulating hose me] Hi-dump Wireless remote, Variable flow water system Hydraulic pump-off system Positive displacement blowers Optional equipment-specify Optional equipment-specify Optional equipment-specify Optional equipment-specify Optional equipment-specify Optional equipment-specify Optional equipment-specify Optional equipment-specify Optional equipment-specify Optional equipment-specify Optional equipment-specify Optional equipment-specify Optional equipment-specify Optional equipment-specify Optional equipment-specify Optional equipment-specify Page 978 of 1256 VEHICLE: 11 Yard(ALTERNATE DEALERS) DEALER: • Western Northern Central Southern BASE • --No bid-- --No bid— —No bid No bid Now state tag(speci ,city,sheriff,etc.) T'ren;fer wdsting regishition(must prWde tag number) Temporary tag Maintenance Plan-specify Maintenance Plan-specify Warranty-specify Warranty-specify Page 979 of 1256 PUBLIC WORKS DEPARTMENT i .,l' , r RBill Dan, Orde All that RIF r I, mra ... r 2910 Division Chs, R,�:n,, Othen No., Brian Stewmi ' State® li , Ca gemsm . . . . w_ COLOR Each F-450 chawis Per e m c pg 1 t 4 rosite s, r { ., , IPrice ; z.aft VendorNam j f ... ......... r , ..., , Page 980 of 1256 Prepared 124 E Woolbright Ave. Quote:Boynton Beach, FL 33435 Request for Envirosight Undergound CCTV Equipment and Truck Build January 1, 2019 I3�` �titf j 1�ll l t F ;s S it s' u , Submitted by: 2525 Clarcona Road BrianApopka, FL 32703 Page 981 of 1256 "fa, virosi#, ,t, VOW on } ,1 �{ it t�„ 1 } 1 i �• ul � �`� �� if 1 t r I i= II }fr t n' �1 '+h l R it I r �) f ' F t A t Ifi t i ,tav,. , ve �' II 0000000 �il�lll y r I Ij{ `" Page 982 of 1256 Ij wo tool-free, bolt-free hAeft &pM Imee a .� ..) I e Quick-Change wheels for ROWER X St P au k' 1; attachIt CHIC — bolts, washers ortoots. This makes your set-up and clean up hassle-free.The design also eliminates the risk 3 of under-tightened wheels detaching.And S � F newwheel geometry and tread patterns improve performance. r r E 7 a 4 r— , t f y r tr AII Eliminate bolts,washers and tools. Reconfigure your crawler faster. Fadptatemore thorough deaning. Prevent detachment due to underdghtening. carbide wheels for 8°PVC �= Enhance handling and performance: 4RIII i `_ xMIVOWR,14S 00 5 r t { t4 �I T, r§ • , v I n: .. lg wheel options easy upgrade Four rubber sizes,three abrasive sizes t.,,fit s ka d i ht ros rubber wheels for 12"concrete www.envirosight.com (866)936-8476 Page 983 of 1256 s y I I enerator 14' d ry freig h t solid bulkhead wail with flied smoked-giass window and 13,SOO-BTU roof air conditioner with pass-through door with aturrrinwn kick pate-Fonnica desk with 5600-OTU heat strip controlled via outiets above and below e cork hoard wait above desk surface a digital.thennostat storage cabinet 9 hinged bench seat with cushion and storage built-in 2-drawer file cabinet with beneath a overhead recessed LED lighting a 19wTru-Vu Faffnica top desk-mounted monitor high-back operator chair a carpeted wails and Ceiling&safety lights °shes in truck cab @ rack cabinet (for cor p terfo sr-pwl0 rack-mount UPS device waii fite Mack-treaded ro berftoor e video distribution booster a battery-operated carbon monoxide deter°tor*1110 charger enclosed generator compartment with r airdenance access toot package(man ale hook,picky sledge stainless steel work,surfaces a bulit-ire hea duty storar e toot hammer and shavel,ad mounted on box aslide-outcrawterdrawer under reet rear-fscingl ffThi-Vr aluminum brackets) monitor 9 hutch storage cabinet behind crawler drawer wash-down system on-demand pump,Ughted suittch, 18-gallon tank with exterlarfill,ZV retractable hose reel) overread recessed LED lights a plywood ceiling/ovalis covered with gray FRP 9 at€minum storage shelf and caddy with trash can wheet drawer a rubber glove dispenser share power cord with 120V watt adapter e breaker box &S Gas Powered O auto-transfer switch e 12V fuse block 9 gall-rnount f � anam start/sta p/hour'meter ftery hand sanitiaer*hand cleaner @ paper towels e rubber gioves backup alarm first-aid kit*fire extinguisher*RainSimple preen dr 6erase board 9 traffic cores a robber counter mat&rerriate gaunt lanyard rear barn doors with latches/tucks a side door with step weil corner-mounted LED spotlights with fli -up iatrihable cover Chicago-style bumper a hitch n frontrocif-mounted LED stmbe custom krrvirosight mud flaps e tie-off damp on rear burnper r LED arrow board Page 984 of 1256 ta4 ' 4tid���S i +•4 t5�lt t � z t t t ht oil u .,... ... LL , I � �ii Fl, it i s t s t + t W 1 t+�_ Actual build will vary basedspecffications Page 985 of 1256 r An instant,, wireles's V'riewinto Y ; quidwiew � I pp a JFf + Sewer assessment—it's essential to prioritizing CCfV and maintenance work, planning cleaning and rehab,and achieving compliance.Controlled l�v1 v wirelessly with a touchscreen tablet,the patented new QuIckulew a1rHDcamera 11""i" lets you took inside any sewer ith: ........... 1 I fi �1�1 f I ' a Full wireless control,viewing,recording, l annotating,playback and sharing capabilities. e„ Eiv idros, #h,t r as essent : for Sewers(AM)staw' zoom assessment.FREE (973)252-6700 white paperexplains why: enuftslght cam/pass Full range of underground Infrastructure Inspection equipment service and rentals. Page 986 of 1256 t{�tJ`li4s�i�it�t,Aiiltt, 1�)J�tV�?3?�}!{ t��d�.l�}��t��Arl�tittJrsf�{J�t��ii}\i fl! dtsskt s f t�i tl too ZJ{,7 t .. .t��� h Jv„ �S)i� tL'} nt { yk � F t r � Jt r I� p 777 ( t pt { kt,. tr t t fb , dye r��dEr" t r sSts\s,ii�.rtlllu�t.1 JJst„ t�s,k 1 ii s t f �7 „ I NY� J t r f �1�4 f f) y a t�Jt 4 ` l h lrs \ ` hi Jtq his sslll}1!t\}!{ss t\s1fSt�(t; �Ji4't�{ilusgot'���1I�tVl�i it 't}t1{)t{ A:: Pa e 987 of 1256 S � x tt:!♦tSs }�.s}i},s r{}2' fr1 �it�i j\hti ttir I � r 'jl R `€d J ,7✓n ORIDA GROUP OUTH FL Envlrosight Camara Inspection Manager Apopka 407.008.0544 E BStawart@myEPG.com Mike mmrp Y12 wommum Sonft Manager Park 8poddIst 321.229.5822 MSharp@myEPG.com 954.518.9923;, i Nick Cann gal904.537.8799 , €€ NCausey@myEPG.com 4acm, S aH 1 .n, z VAN Anoka e�`,fikrt✓ S .. I 407.247.8781 .. Pad Had John Miller . 561.719.1395 ill �`.� PHart@myEPG. oom 1907 SW 43rd Terrace Deerfield Beach,Fl.33442 954.518.9923 www.myEPG.com Page 988 of 1256 �u t CRY d laylrtm mac,FL 9!vIF ht CCTV Truck w����� w: _w 4l olpx19 A®r'r, r pkeCl l3r�a.:NJ!@dA fi�n'thi�in #� �1�^..e X14- Y.d�'A C9s�;�ante _f ata 'Box Buld Out 19 Cali,197 VMO,ID'S'CA.6AL 3-VALVESCHC ER NA V 1® �� 1±-45D+NfPh 14 e'UR�PP1tlIYi`�s hzg€t1hlP Laz.1 ! I i4®LT __ Ef - I P 497Mi. Inckides lnskftNm a MatreNed MCP�fit,a..s I c i#fie mtsufftdl� ot as a e '2 ... 4................ LEi7 a:r 4 c; z. MUTT LED,i1' fHT% S66!>D _.�. . r Ard�iv Becrd mar Re>af Moanled Board Int Roof Mounted a.rrp Maurded ilL B d Camera ®aa. "q"" a _. �,uuuuu:. Aa 51 wjou H€- alwo 14Manhole Hook F;Ir00_ Too Manhole Cable Raper F.Atl#b 97s # ,.5721` s 11,x+ 7 man ee=ix3l Ion,-� e as�sl�r h : .,� 67. I u, 471.00. i we��of a' 'i€���C�tr�t v,vh Tc�e. - _ 7 a Sine s r ak with Installation and .,,water Tank ffi D0 .. .FM.F , Rod AunWACwail-Includes WkirVBart .DWQI V,.l tP,1mfoe F AC a Installation qt Ip s,Ss3, IVIN-Vu air"`v,terMerMor ... �. Add ille nal Viewi1a Mcnllor 19"TnWu V i Mambo!,m ouked for krteval lausaaC�' A1uttFhRorrtFar.a�e=nt Mu1N-MOO-z—oun4for t Ame ? 14611.Oa I =or.,01 1,00 ant , u 1 1 E-AVBZ-CARD Amer Media --4 N W,kA _-�'(Pie j "&a$I i }e fl$a ... V 9aL. bracket vSPSi,a7ro-. m e _ Inhi sol 11e11d TeFal ",47L97 a.....,_ U, —4 .Colwanatbarl RX nv*Am and SAt°System-i9aluderi DCXWW teals Comer with CCUL R%SAT QCD 140 0aw1w.MP56 ,W Ran and IN Cammm ACRD SAT Axial Ccmwa,RAXSAT iSD 'cable realwithIMIA Cobb and 30M SM push cable.RAX30D I wUh 300M[1 'I cable and reel mounfing :RX130 QkK Charge vanson c wheels V to n,fill, 1 53mm- m connection VQ=n VX Ffnirw kense. 1479-158 - 1 , LD ao w crp t u I with 6,;r p i 61 Owrimo for RCVV€R IL 130 . _ F 601.5rdi _t.fir w•r��,� Iia` Wc�� ��,.Wttse�lsfisrd��, .�..R D 1796.12 _I1� IW Meslsem AE ar Mme l Wheeh feca 'NsrT' _267.60 t s .c1 ar i € a rde„,ywl� k lar 1 °12” arm rare T �. 1 A XX Rubber Q= and[a,-t1r1 '144.60 � mew Air HID Pale Camera Syftm-treses wifass Comma r Idescoping Pole,V d Oq ueia u»3; Wim, S 761W, Vbftht PRO Mus Push Comma Sydem-Standard Package E-v Tv ,,r,P40ca 1 9957-11 7 LFZWMkvkvWvvVdWdncWwwfth had caaWV 10 &GS7.60 n t VWnCan ScHw ffe VX EXPERI-1 uex nX Eg5eo°!Sollwans,.�L-mvvj, 1 Day On Siffe WCan Saftwom Installation and WaInIngm a AMAN�MNINe31 ur n Eir ,nlGlan at :cif i` ffi 1 5St fib winCon web 145x,kern 4Vimb 25G!6 rsm.t Id mel 1 ... SaIWIVE TOW 7 S 4197 A7 I I 1 TOTAL �, Page 989 of 1256 P- A, r E virosght P, �r t ��t:�,E`��k4}!i��"�:;1�4k43> rrr„ All pacing is direct from the NJPA/Sourcewell Purchase Contract#022014-EVS Link to chttps://www.sourcewdl-mn.gov/cooperative-purchasing/con- tracts-vendor-search?.category--All&keyward=envirosight 1hanks for the opportunity to earn your businessl Please r : Brian Stewart,Inspection Division Manager FloridaEnvironmental Products of 2525 Clarcona Road Apopka, FL 32703 Cell: (407) 608-0544 . com Page 990 of 1256 p € y ' JA Natitonai joint t .u,..� ; , Ffl for the procurement o SEWER VACUUX1 HYDRO-EXCAVATION, AND/OR STREET SWEEPER KEQUIPMENT WITH RELATED ACCESSOREES AND SUPPLIES RFP 0 l.1 1 February 1, 2014 8:00 A.M. Central Time At the offices National Joint 1 202 12�' Street Nordicast, Staples, MN 56479 RFP #022014 The National 'Joint Powers AlliancedD ),on behalf of NJPA and its current and potentialcies to include t,Higher Education, 1 t,and all other PublicAgencies located nationally i l fifty statespotentially internationally,i s this Request t in a national contract solution , -EXCAVATION,AND/OR STREET SWEEPER EQUIPMENT WITH RELATED ACCESSORIES AND SUPPLIES.Details of this RFP are available 2014 and continuing until February 13,2014.Details may be obtained of request to Maureen Knight,NJPA, 202 12th Street Northeast,P.O.Box1 y 1 at RFP&jpacoop.org. is will be untilreceived February 20,2014 at : i t the aboves and opened February 21,2014 A.M.Central Time. Cline January 9,2014 Publication r in the luint and nline Minneapolis Star Tolbune, in t e Tint mrsion of the Snit Lake News within the cute of Utah, in the print and online Dally Journal of Commerce within the State of Oregon,the AJPA website,and on the website of nolicetobidders.cont February 6,2014 Pre-Proposal Conference(webeast—conference cuff-Connection info 10:00 seat to all inquirers hvo business days prior to the event) February 1 ,2014 Deadlinefor RFP re e. . and questions February 20,2014 err li a or Subinission of Proposals 4:30 P.M.Central Time February 1,2014 Public Opening of s is 8:00 A.M.Central Time Direct es ' i this to: Maureen Knight at magrAen. igi c or(218)895-411 1 Page 991 of 1256 TABLE OF CONTENTS I INTRODUCTION N. Sales Tax A� About NJPA 0. Shipping and Shipping Program B. Joint Exercise of Powers Laws P. Normal Working Hours C. Why Respond to a National Cooperative S. MARKETING PLAN Procurement Contract 6. PROPOSAL OPENING PROCEDURE D. The Intent of This RFP 7. EVALUATION OF PROPOSALS E. Scope of This RFP A. Proposal Evaluation Proms F. Expectations for Equipment/Products B. Proposer Responsiveness and Services Being Proposed C. Proposal Evaluation Criteria G. Solutions Based Solicitation D. Other Consideration H. Inquiry Period E. Cost Comparison I. Pre-Propos Conference F. Product Testing 2. DEFINITIONS G. Past Performance Information A. Proposer—Vendor H. Waiver of Formalities B. Contract S. POST AWARD OPERATING ISSUES C. Time A. Subsequent Agreements D. Proposer's Response B. NJPA Member Sign-up Procedure E. Currency C. Reporting of Sale Activity Audits 3. INSTRUCTIONS FOR PREPARING YOUR E. Hub Partner PROPOSAL F. Trade-Ins A. Pre-Proposal Conference 0. Out of Stock Notification B. Identification of Key Personnel H. Termination of a Contract resulting fi-om, C. Proposer's Exceptions to Terms and this RFP Conditions 9. GENERAL TERMS AND COQ DIITONS D. Formal Instructions to Proposers A. Advertisement of RFP E. Questions and Answers About This B. Advertising a Contract Resulting From REP This REP F. Modification or Withdrawal of a C. Applicable Law Submitted Proposal D. Assignment of Contract G. Value Added Attributes, E. List of Proposers Products/Services F. Captions,Headings,and Illustrations H. Certificate of Insurance G. Data Practices I. Order Process and/or Funds Flow H. Entire Agreement J. Administrative Fees 1. Force Majeure 4. PRICING STRATEGIES J. Gratuities A. Line-Item Pricing Y, Hazardous Substances B. Percentage Discount From Catalog or L. Legal Remedies Category M. Licenses C. Hot List Pricing N. Material Suppliers and Sub-Contractors D. Ceiling Price 0. Non-Wavier of Rights E. Volume Price Discounts P. Protests of Awards Made F. Sourced ProductfEquipment/Open Q. Provisions Required by Law Market Items R. Right to Assurance 0. Cost Plus a Percentage of Cost S. Suspension or Disbarment Status H. Total Cost of Acquisition T. Affirmative Action I. Requesting Product and Service U. Severability Additions/Deletions V. Relationship of Parties J. Requesting Pricing Changes 10. FORMS K. Price and Product Changes Format A,B,C,D,E,F,0&P L. Single Statement of Pricing—Historical I L PRE-SUBMISSION CHECKLIST Record of Pricing M. Payment Terms 2 Page 992 of 1256 1. INTRODUCTION A.ABOUT NJPA 1.1 The National Joint Powers Alliance&(NJPA)-is a public agency serving as a national municipal contracting agency established under the Service Cooperative statute by Minnesota Legislative Statute§123A.21 with the authority to develop and offer,among other am-vices,cooperative procurement services to its membership.Eligible membership and participation includes states,cities, counties,all government agencies,both public and non-public educational agencies,colleges, universities and non-profit organizations. 12 Under the authority of Minnesota state laws and enabling legislation,NJPA facilitates a competitive bidding and contracting process on behalf of the needs of itself and the needs of current and potential member agencies nationally.This process results inn procurement contracts with various Vendors of products/equipment and services which NJPA Member agencies desire to procure.These procurement contracts are created in compliance with applicable Minnesota Municipal Contracting Laws. A complete listing of NJPA cooperative procurement contracts can be found at www.ninacgo.org. 1.3 NJPA is a public agency governed by publicly elected officials that serve as the NJPA Board of Directors. NJPA's Board of Directors calls for all proposals, awards all Contracts, and hosts those resulting Contracts for the benefit of its own and its Members use. 13.1 Subject to Approval of the NJPA Board:NJPA contracts are awarded by the action of NJPA Board of Directors.This action is based on the open and competitive bidding process facilitated by NJPA. The evaluation and resulting recommendation is presented to the Board of Directors by the NJPA Proposal Evaluation Committee. 1.4 NJPA currently serves over 47,000 member agencies nationally. Both membership and utilization of NJFA contracts continue to expand, due in part to the increasing acceptance of Cooperative Purchasmg throughout the government and education communities nationally. B.JOINT EXERCISE OF POWERS LAWS 1.5 NJPA cooperatively shares those contracts with its Members nationwide through various"Joint Exercise of Powers Laws"established in Minnesota and other States.The Minnesota"Joint Exercise of Powers Law"is Minnesota Statute§471.59 is states"Two or more governmental units...may jointly or cooperatively exercise any power common to the contracting parties..."Similar Joint Exercise of Powers Laws exists within the laws of each State of the United States. This Minnesota Statute allows NIPA to serve Member agencies located in all other states. Municipal agencies nationally have the ability to participate in cooperative purchasing activities as a result of specific laws of their own state.These laws can be finmd on our website at httu://www.nit)aco(m.orm/national- cootrerative-contract-solutions/le.-,i�,'!-auth ori I C.WHY RESPOND TO A NATIONAL COOPERATIVE PROCUREMENT CONTRACT ® National Cooperative Procurement Contracts create value for Municipal and Public Agencies,as well as for Vendors of products/equipment and services in a variety of ways: 1.6.1 National cooperative contracts potentially MyS.the t1mLARd effW of Municipal and Public Agencies who would have been otherwise charged with soliciting vendor responses to individual RFP's,resulting in individual contracts,to meet the procurement needs of their respective agencies.Considerable time and effort is also potentially saved by the Vendors who would have had to otherwise respond each of those individual RFPs.A single,nationally advertised RFP,resulting in a single,national cooperative contract can potentially replace 3 Page 993 of 1256 thousands of individual s for the same products/servicest might have been otherwise advertised1 NJPA member agencies. 1A.2 NJPA contracts offer our Members nationally 1 _ contractOur terms and conditionso recognize individual procurementmember volume commitment 'ti volume based contract ` o . State laws that permit or encouragecontracts do so with the belief that cooperative efficiencies ll result` lower prices, overall value,and considerable 11A The collective purchasing power of thousands of NJPA Member agenciese offers opportunity for vol 'c' discounts. o vol is guaranteed by an NJPA Contract resulting , substantial volume is anticipated and volume pricing is requested and justified. its s I ll 1 competitive �'ce. offer NJPA and its Member agenciesability to directly compare non-price factors in their procurement analysis. Vendors havee opportunity to display highlight y,equipment/products and services t constraints of typical individual proposal process. D. THE INTENT OF THIS contract1.10.A national intent of thisis to award a national contract by the 'on of the NJPA Board of Directors. s action will be influenced by the recommendation of the NJPA Proposali s a result of the competitive proposal and evaluation process whichi t interests of NJPA and its Member agencies. NJPA is seeking the mostI ` i (s)to race this goal and intent of this RFP is to followc 'll be marketed nationally a cooperative effort between the awardeds)and NJPA. 1.11 NJPA's primary intent is to establish ti cooperative , offering opportunitiesor NJPA and our Member agencies to procure quality productlequipment servicess desired and needed. Contractst to offer price levels reflective of the potential and collective volume of NJPA and the nationally established . intent,1.11.1 Beyond our primary • to- Award a foure contract contract option resultingi ; • OfFer and applyy applicable technologicalv out the term of a contract resulting frorn this ; • Deliver `°Value Added" aspects of the company, equipment/products s as defined i o ' Response"; • Deliver wide spectrum of solutionst of NJPA and NJPA Member cies. • Award an exclusivecontract to the mostresponsive vendor when it is deemed to be in the best interest of NJPA and the NJPA Member agencies. J t t to is invitation to ® o - of c dealer/distributor if such action is in the best interests of NJPA and its Members. Multiple1.13 Exclusive or se on the goals and scope of this , NJPA is requesting respondersto demonstrate their ability e the needs of NJPA's national membership. It i 's Page 994 of 1256 intent and desire to award a contract to a singleelusive Vendor to serve our membership'sneeds. To meet e goals of this RFP,NJPA reserves the right to award a Contract to multiple result of the respondings justifies 1 award and multiplecontracts are deemed to be in the best interests of NIPA Member agencies. E. SCOPE OF THIS RFP 1.14 The scope, goal and intent of this RFP is to award a contract to a qualifyings Z—nufacturer, provider, or dealer/distributor, e Ii e s a Proposer, responsive our open and competitive proposal process. Vendors will be awarded contractsos respondersoability of the RFP and demonstrate the overall highest solutionsvalued is current and future needs and requirements of NJPAits Member cis nationally within the scope o HYDRO-EXCAVATION, AND/011 SUPPLIES. Qualifying Proposers a are able to anticipate requirements of NJPA and NJPA member agencies; 0 of any and all applicable standards,industry laws and regulations; possess s and abilitydistribute, market to and service NJPA Members in 1 50 states are preferred. NJPA requestssubmit their entire productline it applies and relatesscope of this RFP. All proposals deemedresponsive Il be evaluatedill to provide the overall highest value to NJPA and NJPA Member agencies. One of the measures of overall value the proposed breadth and depth of products and services. 1.15 Best and Most Responsive–Responsible Proposer* It is the intentof NJPA to award a Contract to the est and most responsible and responsive )ofraing the best overall quality and selectionof equipment/products and services meeting the commonly requested specifications of the NJPA and NJPA provideda Proposers Response has been submittedaccordance o this RFP. 1.16 Sealed Proposals:NJPA will receive sealedsaccordance with accepted standards set forth in the Minnesotat Code and UniformContracting Law.Awards y be made to responsible and responsiver ose proposals are determined in writing to be the most advantageous to NJPA and its current or qualifying future NJPA Member agencies. 1.17 Use of Contract: Any Contract resultingi lii tion shall be awarded with the understanding t it is for the sole convenienceof NJPA and i its members rightreserve the to obtain 1' services solely from this Contract contract source of their choice t resulting fium their own procurement process. 1.18 NJPA's Interest In a contractIt :Not withstanding its own use,to the extent NJPA issues this RFP and any resWting contract for the use of its Members,NJPA's interests and liability for said use shall be limited to the competitive proposal process performed and terms and conditions relating o said contract and shall not extend to the products, so—vices, or warranties of the Awarded Vendor or e intended or unintendedof the product/equipment and services . Vendor's1.19 Awarded will be able to offer to NJPA, and current and potential , only those products/equipment and services specifically awarded on their NJPA Awarded CContract(s ). Awarded Veno r as "contract compliant", products/equipment and se c hick are not specifically identified NJPA Awarded Contract. 1.20 Sole Source of i -NJPA desires "Sole Source of Responsibility"Vendor meaninge Ve—ndor will take sole responsibilitythe performance of deliveredc s ce .NJPA also desires sole responsibility with regard to: Page 995 of 1256 1,..20.1 Scope of Products/Services: NJPA desires a provider for the broadest possible scope of products/equipment and services being proposed over the largest possible geographic area and to the largest possible cross-section of NJPA current and potential Members. 1.20.2 Vendor use of sub-contractors in sourcing or delivering product/equipment and services: NJPA desires a single source of responsibility for equipment(products and services proposed. Proposers are assumed to have sub-contractor relationships with all organizations and individuals whom are external to the Proposer and are involved in providing or delivering the pmduct/equipment and services being proposed. Vendor assumes all responsibility for the equipment*oducts and services and actions of any such Sub-Contractor. 1.21 Additional Definitions for the scope of this solicitation. 1.21.1 in addition to SEWER VACUUM, HYDRO-EXCAVATION, ANDIOR STREET SWEEPER EQUIPMENT WITH RELATED ACCESSORIES AND SUPPLIES, this solicitation should be read to include,but not limited to: 1.21.1.1 N/A 11.142 NJPA reserves the right to limit the scope of this solicitation for NJPA and current and potential NJPA member agencies. 1.22 Suggested Solutions Options 1.22.1 All potential Proposers am assumed to be professionals in their respective fields. As professionals you are deemed to be intimately familiar with the spectrum of NJPA and NJPA Members' needs and requirements with respect to the scope of this RFP. 1.22.2 With this intimate knowledge of NJPA and NJPA Members' needs, Proposers are instructed to provide their proposal response in a format describing their solutions to those current and future needs and requirements.Proposers should take care to be economical in their response to this RFP. 1.223 Multiple solutions to the needs of NJPA and NIPA Members am possible. Examples could Include: 1.223.1 Equipment/Products Only Solution: Equipment/products Only Solution may be appropriate for situations where NJPA or NJPA Members possess the ability,either in- house or through local third party contractors, to properly install and bring to operation those equipment/products being proposed. 1.223.2 Turn-Key Solutions: A Tam-Key Solution is a combination of equipment/products and services which provides a single price for equipment/products, delivery, and installation to a properly operating status. Generally this is the most desirable solution as NJPA and NJPA Members may not possess, or desire to engage, personnel with the necessary expertise to complete these to internally or through other independent contractors 1.22.3.3 Good, Better, Best: Where appropriate and properly identified, Proposers are invited to offer the CHOICE of good—better—best multiple grade solutions to NJPA and NJPA Members' needs. 1.22.3.4 Proven — Accepted — Leading Edge Technology: Where appropriate and 6 Page 996 of 1256 properly identified,Proposers are invited to provide an appropriate identified spectrum of technology solutions to compliment or enhance the functionality of the proposed solutions to NJPA and NJPA Members' needs both now and into the fature. 1.23 Overlap of Scope: 11111 When considering equipment,products,or groups of productlaquipment and services submitted as a part of your response,and whether inclusion of such will fall within a"Scope of Proposal",please consider the validity of an inverse statement. • For example,pencils and post-it-notes can generally be classified as office supplies and office supplies generally include pencils and post-it-notes. • In contrast,computers(PCs and peripherals)can generally be considered office supplies;however,the scope of office supplies does not generally include computer servers and influstructm-e. • In conclusion:With this in mind,individual products and services must be examined individually by NJPA,from time to time and in its sole discretion,to determine their compliance and fall within the original"Scope"as intended by NJPA. 1 Geographic Area to be Proposed: This RFP invites proposals to provide SEWER VACUUM, HYDRO-EXCAVATION, AND/OR STREET SWEEPER EQUIPMENT WITH RELATED ACCESSORIES AND SUPPLIES to NJPA and NJPA Members throughout the entire United States and p oss1l internationally. Proposers will be expected to aqms willingrms to explore service to NJPA Members located abroad;however the lack of ability to serve Members outside of the United States will not be cause for non-award. The ability and willingness to serve Canada,for instance,will be viewed as a value-added attribute. 1.25 Manufacturer as a Proposer: If the Proposer is a Manufacturer or wholesale distributor, the response received will be evaluated on the basis of a response made in conjunction with that Manufacturer's authorized Dealer Network. Unless stated otherwise, a Manufacturer or wholesale distributor Proposer is assumed to have a documented relationship with their Dealer Network whem that Dealer Network is informed of, and authorized to accept, purchase orders pursuant to any Contract resulting from this RFP on behalf of the Manufacturer or wholesale distributor Proposer.Any such dealer will be considered a sub-contractor of the ProposerNendor. The relationship between the Manufacturer and wholesale distributor Proposer and its Dealer Network may be proposed at the time of the propoW submission if that fact is properly identified. 1.26 Dealer/Re-seller as a Proposer: If the Proposer is a dealer or ro-seller of the products and/or services being proposed, the response will'be evaluated based on the Proposer's authorization to provide those products and services fi-om their manufacturer. Where appropriate,Proposers must document their authority to offer those products and/or services. 1.27 Contract Term:At NJPA's option a contract resulting from this RFP will become effective either, 1) The to awarded by the NJPA Board of Directors, or 2) 'Me day following the expiration dato of an existing NJPA procurement contract for the same or similar product/equipment and services. 1.27.1 NJPA is seeking a Contract base term of four years as allowed by Minnesota Contracting Law.Full term is expected. One additional one-year renewal-extension may be offered by NJPA to Vendor beyond the original four year term if NJPA deems such action to be in the best interests of NJPA and its Members. NJPA reserves the right to conduct periodic business reviews throughout the term of the contract. 7 Page 997 of 1256 1.28 Minimum Contract Value: NJPA anticipates considerable activity resulting fi-orn this RFP and subsequent award; however, no commitment of any Idnd is made concerning actual quantities to be acquired. NJPA does not guarantee usage.Usage will depend on the actual needs of the NJPA Members and the value of the awarded contract. 1.2.9 Estimated Contract Volume: Estimated quantities and sales volume are based on potential usage by NJPA and NJPA Member agencies nationally. 1.30 Largest Possible Solution: If applicable,Contracts will be awarded to Proposer(s) able to deliver a proposal meeting the entire needs of NJPA and its Members within the scope of this RFP.NJPA prefers Proposers submit their complete product line of products and services described in the scope of this RFP. NJPA reserves the right to reject individual, or groupings of specific equipment/products and services proposals as a part of the award. L.31 Contract Availability: This Contract must be available to all current and potential NJPA Members who choose to utilize this NJPA Contract to include all governmental and public agencies, public and private primary and secondary education agencies,and all non-profit organizations nationally. 132 Proposer's Commitment Period:In order to to NJPA the opportunity to evaluate each proposal thoroughly,NJPA requires any response to this solicitation be valid and in-evocable for ninety(90)days after the date proposals were opened regarding this RFP. F. EXPECTATIONS FOR EQUIPMENT/PRODUCTS AND SERVICES BEING PROPOSED 1.33 Industry Standards: Except as contained herein, the specifications or solutions for this RFP I be those accepted guidelines set forth by the SEWER VACUM HYDRO-EXCAVATION, AND/OR STREET SWEEPER EQUIPMENT WITH RELATED ACCESSORIES AND SUPPLIES industry,as they are generally understood and accepted within that industry across the nation. Submitted products/equipment,related services, and their warranties and assurances are required to meet and/or exceed all current,traditional and anticipated needs and requirements of NJPA and its Members. 1.33.1 Deviations from industry standards must be identified by the Proposer and explained how, in their opinion, the equipment/products and so-vices they propose will render equivalent functionality,coverage,performance,and/or related services. Failure to detail all such deviations may comprise sufficient grounds for rejection of the entire proposal. Jj3.2 Technical Descriptions/Specifications.Proposers must supply sufficient,information to: • berrionstrate the Proposer's knowledge of industry standards,and • Identify the equipment/products and services being proposed,and • Differentiate those products and services fimn others. Excessive technical descriptions and specifications which, in the opinion of NJPA unduly enlarge the proposal response may reduce evaluation points awarded on Form G. 1.34 Important note:NJPA does not typically provide product and service specifications;rather NJPA is requesting an industry standard or accepted specification for the requested product/equipment and services. Where specific line items are specified, those line items should be considered the minimum which can be expanded by the Proposer to deliver the os is "Solution" to NJPA and NJPA Members'nee ds. 1.35 Commonly used ProducVEqulpment and Services: It is important that the equipment/products and services submitted are the equipment/products and services commonly used by public sector entities. 8 Page 998 of 1256 11JI New Current Model Product(Equipment:Proposals submitted shall be for now,current model products and services with the exception of certain close-out products allowed to be offered on the Proposer's"Hot Lisf'described herein. 1.37 Complimee with laws and standards: All items supplied on this Contract shall comply with any current applicable safety or regulatory standards or codes. 1.38 Delivered and operational;Products/equipment offered herein are to be proposed based upon being delivered and operational at the NJPA Membees site. Exceptions to" eliv operational"must be explicitly disclosed in the"Total Cost of Acquisition"section of your proposal response. 110 Warranty: The Proposer warrants that all products, equipment, supplies, and services delivered under this Contract shall be covered by the industry standard or better warranty. All products and equipment should carry a minimum industry standard manufacturer's warranty that' cl terials and labor. The Proposer has the primary responsibility to submit product specific warranty as required and accepted by industry standards. Dea1itributors agree to assist the purchaser in reaching a solution in a dispute over warranty's terms with the manufacturer. Any manufacturer's warranty which is effective past the expiration of the warranty will be passed on to the NJPA member. Failure to submit a minimum warranty may result in non-award. 1.40 Proposer's Warrants- The Proposer warrants all products/equipment and related services famished hereunder will be free fimn liens and encumbrances; defects in design,materials, and workmanship; and will conform in all respects to the terms of this REP including any specifications or standards.In addition, ProposerNendor warrants the products/equipment and related services are suitable for and will perform in accordance with the purposes for which they were intended. G. SOLUTIONS BASED SOLICITATION 1.41 NJPA solicitations and contract process will oto specific specifications for proposers to meet or base your response on. This RFP is a"Solutions Based Solicitation." This means the proposers are asked to understand and anticipate the current and future needs of NJPA and the nationally located NJPA membership base, within the scope of this REP, and including specifications commonly desired or required by law or industry standards. Your proposal will be evaluated in part on your demonstrated ability to meet or exceed the needs and requirements of N`JPA and our member agencies within the defined scope of this REP. H. INQUIRY PERIOD 1_.42 The inquiry period shall begin at the date of first advertisement and continue to the "Deadline for Requests." RFP packages shall be distributed to Potential Bidders during the inquiry period. The purpose for the defined "Inquiry Period" is to ensure proposers have enough time to complete and deliver the proposal to our office. 1.PRE-PROPOSAL CONFERENCE 1J3 Potential Proposers inquiring before the optional "Pre-PropoW Conference" will be invited via the e-mail address used to make their inquiry. The purpose of the pre-proposal conference is to allow Potential Proposers to ask questions and hear answers from their own questions and the questions of other Potential Proposers. 2, DEFINITIONS A.PROPOSER-VENDOR 9 Page 999 of 1256 2.1 Exclusive Vendor- A sole Vendor awarded in a product category.NIPA reserves the right to award to-an Exclusive Vendor in the event that such an award is in the best interests of NJPA Members nationally. A Proposer that exhibits and demonstrates the ability to offer and execute an outstanding overall program,demonstrates the ability and willingness to serve NJPA currentand qualif�- Members in all 50 states and comply with all other requirements of this RFP,is preferred. 2.2 Potenttal Proposer-A person or entity requesting a copy of this REP. 2.3 Proposer-A company,person,or entity delivering a timely response to Ws RFP. 2A Vendor-One of a number of Proposers whose proposal has bow awarded a contract pursuant to this UP. 2.5 Request for Proposal-Herein referred to as RFP. &CONTRACT 2.6"Contract"as used herein shall mean this RFP,pricing,and fully executed forms P,C,D and E C'Acceptance and Award')with final terms and conditions. Form E will be executed on or after award and will provide final clarification of terms and conditions of the award. C.TIME 221 Periods of time,stated as number of days,shall be in calendar days. D. PROPOSER'S RESPONSE Proposer's Response is the entire collection of documents as they are received by NJPA from a Potential Proposer in response to this RFP. EXURRENCY 2.9 All transactions are payable in U.S. dollars on U.S. sales. All administrative fees are to be paid in U.S.dollars. F.FOB 2.10 FOB stands for"Freight On Board"and defines the point at which responsibility for loss and damage of product/equipment purchased is transferred froni Seller to Buyer."FOB Destination"defines that trarisfer of responsibility for loss is transferred from Seller to Buyer at the Buyer's designated delivery point. 2 .al I FOB does not identify who is responsible for the costs of shipping.The responsibility for the costs of shipping is addressed elsewhere in this document. 3. INSTRUCTIONS FOR PREPARING YOUR PROPOSAL A. PRE-PROPOSAL CONFERENCE non-mandatory pre-proposal conference will be held at the date and time specified in the time line on page one of this RFP. Conference call and web connection information will be sent to all Potential Proposers through the same means employed in their inquiry. Ile purpose of this conference call is to allow Potential Proposers to ask questions regarding this RFP. Only answers issued in writing by NJPA to questions asked before or during the Pre-proposal Conference shall be considered binding. 10 Page 1000 of 1256 B. IDENTIFICATION OF KEY PERSONNEL L.2 Vendor will designate one senior staff individual who will represent the awarded Vendor to NJPA. This contact person will correspond with members for technical assistance, questions or problems that may arise including instructions regarding different contacts for different geographical areas as needed. aj Individuals should also be identified (if applicable) as the primary contacts for the contents of this proposal,marketing,sales,and any other area deemed essential by the Proposer. C. PROPOSEWS EXCEPTIONS TO TERMS AND CONDITIONS JA Any exceptions, deviations, or contingencies a Proposer may have to the terms and conditions contained havin must be documented on Form C. M Exceptions, deviations or contingencies stipulated in Proposer's Response, while possibly necessary in the view of the Proposer,may result in disqualification of a Proposal Response. D. FORMAL INSTRUCTIONS TO PROPOSERS 31.1 It is the responsibility of all Proposas to examine the entire REP package,to seek clarification of any item or requirement that may not be clear and to check all responses for accuracy before submitting a Proposal. Negligence in preparing a Proposal confers no right of withdrawal after the deadline for submission of proposals. 1.2 All proposals must be sent to "Tlhe National Joint Powers AllianceaD, 202 12th ST NE Staples, MN 56479." 3.8 Format for proposal response: All proposals must be physically delivered to NJPA at the above address in the following format: &8.1 Hard copy original signed, completed, and dated forms C,D,F, and hard copy signed signature page only from forms A and P from this RFP, 2.Q.,2 Hard copies of all addenda issued for the REP with original counter signed by the Proposer, L.0 Certificate of insurance verifying the coverage identified in this RFP, 3.8A A complete copy of your response on a CD(Compact Disc)or flash drive. The copy shall contain completed Forms A,B,C,DF & P, your statement of products and pricing (including apparent discount)together with all appropriate attachments. Everything you send with your hard copy should also be included in the electronic copy. As a public agency, NJPA proposals, responses and awarded contracts are a matter of public record,except fbr that data included in the proposals,responses and awarded contracts that is classified as nonpublic;thus,pursuant to NJPA policies and RFP terms and conditions,a documentation,except for that data which is nonpublic is available for review by the public through a public records request. If you wish to request that certain information that falls within Minnesota Statute §13.37 be redacted, such request must be made within thirty-days of award/non-award. 3.9 All Proposal forms must bes i in Rnglish and be legible. All appropriate forms must be executed by an authorized signatory of the Proposer.Blue ink is preferred for signatures. 3.10 Proposal submissions should be submitted using the electronic forms provided.If a Proposer chooses alternative documents for their response, the proposer will be responsible for ensuring the content is effectively equal to the NJPA form and the document is in a format readable by NJPA. I Page 1001 of 1256 3.11 It is the responsibilityto be c4dain the proposalis in the physical possession of NJPA on or prior to the deadline for submission of proposals. 3.11.1 Proposals must be submitted 1 velope or box properly addressedto NJPA and prominently identiP ying the proposal number, os e, the message "Hold for Proposal ", and the deadlinesi cannot be responsible late receipt of proposals, Proposals receivedt deadline for proposal submission ll be opened and the name f each Proposerother appropriate information will be publicly read. Corrections, , and interlineationso 's Response must be initialed by the authoHzed signer in original ink an all copies to be considered. 3.13 Addendums to the RFP. The Proposer is responsible for ensuring receipt of all addendums to this 's responsibleo checking directly e website f to this . .RFP. 2.112 Addendums to is RFP can change term and conditionsof the RFP including deadline for submission of proposals. E. QUESTIONS AND ANSWERS ABOUT THIS RFP 3.14 Upon examination of thisdocument, Proposer sliall promptly notify the NJPA of any ambiguity,inoonsistency,or error they may discover. Interpretations,corrections and changes to this RFP will be made by NJPA through addendum. Interpretations, corrections, in any other manner 1 not be binding and Proposer1 not rely upon such. 3.15 Submit all questions about this RFP, in writing, referencing "SEWER VACUUM, EXCAVATION,AND/OR STREET SWEEPER EQUIPMENT WITH RELATED ACCESSORIES AND SUPPLIES to Maureen Knight, NJPA 202 12th Street NE, Staples, MN 56479 or RFP@njpa000p.org. o not having access to the Internet may call Maureen Knight at( 1 )8954114. Requests additional information or interpretation of instructions to Proposerstechnical specifications 1 also be addressedto Maureen Knight. NJPA urges Potential Proposers to communicate all concerns ell in of the deadlineto avoid misunderstandings. Questions received less than s ( )days ending at . Central Time of the seventh(7 )calendar ay prior to proposal of be answered. 3.16 If the answer to a question is deemed by NJPAto have a material impact on other potential proposers or the RFP itself,the answer to the questionwill become an addendum to this RFP. 3.17 If the answer to a questionis deemed by NJPA to be a clarification of existingterms and conditions and s not have a material impactn other potentiale RFP itself, no further docunientation of that question is required. 3.18 As used in is solicitation,c s communication with a Pof ' 1 Proposer for the sole purpose of eliminatingirregularities,informalities,o t clerical mistakes in the RFP. A,12 Addenda are written instruments issued y NJPA that modify or interpret issued by NJPAbecome a part of the RFP. Addenda will be delivered to all Potential Proposers methodusing the same of deliveryof the original RFP material. NJPA acceptso liability in connection with e delivery of saidi of addenda will also be made available on the NJPA website at www.nil2acoo.org by clicking o licit ions"and from the NJPA offices. questions will be acceptedt s (7) days prior to the deadline for receipt o proposals, t an addendum withdrawing the request for proposalsone that includest of the dateproposals. Each Potentialos ll ascertain prior to submitting1 1 Page 1002 of 1256 that it has receivedall addenda issued, and the Proposer shall acknowledge their receipt in its Proposal amendmentL2_0 An to a submitted proposal must be in writing and deliveredt e specifiedtime opening of all proposals. F.MODIFICATION OR WITHDRAWALL submittedo not cancelled y the Proposer for a period following to proposals were opened regardingthis RFP. Prior to the submissiondeadline for osals, any proposal submitted may be modified or withdrawn by notice to the NJPA Manager of Bidsof submitted in writing and include . signature of the Proposer and shall be deliveredsubmission proposals and it shall be so worded as not to reveal the content of the original proposal. However, e original proposal shall not be physicallyof til after the official proposalithdrawn proposals may be resubmitted up to the time designated ` to e proposals if they are then fully in conformance with the Instructions to Proposer. . VALUE ADDED ATTRIBUTES, PRODUCTS/SERVICES 3.22 Examples of Value Added Attributes: lu , products and services are items offered in addition to the productsservices being proposed whichvalue to those items being proposed. The availabilitycontract for maintenancec initial , installation, set-upy,for instance, Services"for products where a typicalof have the ability o perform these functions. document2.23 Where to indicate ludimensions and such advancements will be availablein the oe 's Questionnaire and Proposer'sproduct service submittal. addedi ucts and servicess,as they relatei ,will be given positive consideration selection. Consideration will be given to an expanded selection of " IAND/OR EQUIPMENT WITHI SUPPLIES", and advances to provide produots/services, supplies meeting and/or exceeding today'sindustry standards and expectations. value add wouldinclude service that further serves the members needs abovepossibly beyond standard expectation and complementse equipment1products and services and training. added could includeof product and service, sales, li , maintenance, technology,and service do li effectiveness of the procurement process while remaining e scope of this RFP. participation:3.25 Minority, Small Business, and Women Business Enterprise (WMBE) It is the Tolly of some NJPA Members to involve Minority, Small Business, and WMBE contractors in the processs product/equipment and relatedservices. Vendors should their organization such status r i. . Supplier networks)involved carrying out activitiesthe e ability of a Proposerto provide" its"to NJPA and NJPAe in these subject , either individually or through relatedtiff s involved ctioevaluated positively i "value of the evaluation. J is committedto facilitating t realization o suchi " c structuring techniques sl .ng from this o . 3.26 Environmentally Preferred is a growing trend among NJPA 13 Page 1003 of 1256 Members to consideri l services "Green"characteristics demonstratedy responding companies will be evaluated positively by NJPA and reflected in the` f the evaluation. Pleaseidentify any Green characteristics of the product/equipment and relateds in your proposalidentify the sanctioning body determining that characteristic. Where appropriate,please indicate which products have been certified as "green"and by whichcer*ing agency. 1,27 On-Line Requisitionkg systems: When applicable, on-fine ' iti systems as a value-added characteristic. Proposer shall include o out user interfacest make on- lineJ s well as the abilitypunch-out from mainstream e-Procurement Planningor Enterprise Resource )systems that NJPA Members may currently utilize. proposedbeing c i o a c' 'ons s s cs ® 'll be viewed as a Value Added Attribute. CERTIFICATEH. shall,3_22 Vendors provide evidence of liability c identified to the form of an binderACCORD o issued pursuant to this contract,and prior to the execution y commerce relatingo such award,Vendor will be responsibler providing verification, in the formof an ACCORD binder identifying the coverage required belowidentifying "Certificate of er."Vendor will be responsibleto maintain such insurance coverage t their own expense throughout the term of any contract resulting firom thisolici 2.30 Any exceptions and/or assumptions to the insurance requ' is must be identified on Attachment C_ Exceptions or assumptions will be taken into consideration as part of the evaluation process; however,vendors must be specific. I i y exceptions and/or assumptionse of proposal submission,NJPA will not consider y additional exceptions assumptions during contractnegotiations. Upon award,the successfulvendor must provide the Certificateof Insurance identifying coverage specified. 3.31 The awarded vendor must maintain,for the duration of its contract,$1.5 million1 Liability insurancecoverage or General Liabilityinsurance in conjunction lla for a total combined coverage of$1.5 million. Work on the contract1 not begin until after the awarded vendor has submitted acceptable of the required insurance coverage. Failure to maintain any required insurance coverage or acceptable l insurance will be deemed a breach of contract. MINIMUM SCOPE AND LI N1 t]__ r WWI provide coverage with limits o liability not less than those stated below. s liability licy or umbrellaliability policy y be used to meet the minimumliability is provided that the coverige is written on a 1bilowing fbrW'basis. Liability—Occurrence Form Policy shall include o ' y injury, contractual liability coverage. Each c c $1,500,000 3 einsurance is herein are minimumContract and in no way limit indemnitythe covenants contained in thisContract. NJPA in no way warrants that the minimum limits contained sufficient t ct the Vendor from liabilities t might arise out of the performance of the work under this Contract by the Vendor,his agents, representatives, employees or subcontractors or is five to purchase additionalc y be determined necessary. 1 Page 1004 of 1256 331 Acceptability of Insurers: Insurance is to be placed with insurers duly licensed or authorized to do business in the State of Minnesota and with an"A.M.Best"rating of not less than A-VIL NJPA in no way warrants that the above required minimum insurer rating is sufficient to protect the Vendor from potential insurer solvency. L34 Subcontractors: Vendors' certificate(s) shall include all subcontractors as additional insureds under its policies or Vendor shall ftunish to NJPA separate certificates for each subcontractor. All coverage for subcontractors shall be subject to the minimum requirements identified above. L ORDER PROCESS AND/OR FUNDS FLOW 2J2 Please propose an order process and funds flow.Please choose fiom.one of the following: 3.32.1 B-TO-G:The Business-to-Government order process and/or funds flow model involves NJPA Members issuing Purchase Orders directly to a Vendor and pursuant to a Contract resulting from this RFP.Administrative fees may also be used for purposes as allowed by Minnesota State Law and approved by the Board of Directors. 3.32.3 Other:Please fully identify. J.ADMINISTRATIVE FEES 3.33 Proposer agrm tau and/or allow for an administrative fee payable to NJPA by an Awarded Vendor in exchange for its facilitation and marketing of a Contract resulting from this RFP to curmt and potential NJPA Members.This Administration Fee shall be: JL3.1 Calculated as a percentage of the dollar volume of all equipment/products and services pmvided to and purchased by NJPA Members or calculated as reasonable and acceptable method applicable to the contracted trmsaction,and 3.33.2 Included in,and not added to,the pricing included in Proposer's Response to this RFP,and 3.33.3 Designed to offset the anticipated costs of NJPA's involvement in contract management, facilitating marketing efforts, Vendor training, and any order processing task& relating to the Contract resulting from this RFP. Administrative fees may also be used for other purposes as allowed by Minnesota law. Administrative few may also be usW for other purposes as allowed by Minnesota law. Typical administrative fees for a B-TO-G order process and funds flow is 2.0%. 3.34 The opportunity to propose these factors and an appropriate administrative fee is available in the Proposer's Questionnaire. 4. PRICING STRATEGIES 4.1 NJPA requests Potential Proposers respond to this RFP only if they are able to offer a wide array of equipment/products and services and at prices lower and better value than what they would ordinarily offer to single government agency,larger school district,or regional cooperative. 4 2 RFP is an "Indefinite Quantity Product/Equipment and Related Service Price and Program Request" .J. with potential national sales distribution and service.Proposers are agreeing to fulfill Contract obligations regarding each product/equipment to is you provide a description and a price. If Proposer's solution requires additional supporting documentation, describe where it can be found in your submission. If Proposer offers the solution in an alternative fashion, describe your solution to be easily understood. All pricing must be copied on a CD along with other requested information as a part of a Proposer's 15 Page 1005 of 1256 Response. Regardless of the payment method selected by NJPA or NJPA Member, a total cost associated with any purchase option of the equipment1products and services and being supplied must always be disclosed at the time of purchase. 4,4 Primary Pricing/Secondary Pricing Strategies-All Proposers will be required to sut "Primary Pricing!' in the form of either "Line-Item Pricing," or "Percentage Discount from Catalog Pricing," or a combination of these pricing strategies. Proposers am also encouraged to offer OPTIONAL pricing strategies such as but not limited to "Hot List,""Sourced ProducttEquipmenf'and"Volume Discounts," as well as financing options such as leasing. A.LrNE-rl'EM PRICING �L.5 Line-Item pricing-A pricing ftwmat where specific individual products and/or services are offered at specific individual Contract prices. Products/equipment and/or related services are individually priced and described by characteristics such as manufacture name, stock or part number, size, or functionality. This method of pricing offers the least amount of confusion as products/equipment and prices are individually identified however, Proposers with a large number of products/equipment to propose may find this method cumbersome. In these situations, a percentage discount ftom catalog or category pricing model may make more sense and increase the clarity of the contract pricing format. 4.6 All Line-It= Pricing items must be numbered, organized, sectioned, including SKU's (when applicable)and easily understood by the Evaluation Committee and members. 4.7 Line-Item Pricing items are to esuubmitted in an Excel spreadsheet format provided and are to include all appropriate identification information necessary to discern the line it from other line items in each Responder's proposal. 4.8 The purpose for the excel spreadsheet format for Line-Item Pricing is to be able to use the "Find" ?Zction to quickly find any particular item of interest. For that reason, Proposers are responsible for providing the appropriate product and service identification information along with the pricing information which is typically fbund on an invoice or price to for such products/equipment and related services. 4.9 All products/equipment and related services Vocally appearing on an invoice or price quote must be individually priced and identified on the line-item price sheet,including any and all ancillary costs. 4.10 Proposers are asked to provide both a published "List"price as well as a"Proposed Contract Price" in their pricing matrix. "Me published List"price will be the standard "quantity of one"price currently available to government and educational customers excluding cooperative and volume discounts. B.PERCENTAGE DISCOUNT FROM CATALOG OR CATEGORY 4.11 Percent Discount From Catalo&Rd or Category Pricing-A specific percentage discount f1rom. a "Catalogue or List Price"defined as a published Manuf1acturer's Suggested Retail Price(MSRP) for the products/equipment or related services being proposed. 4.12 Individualized percentage discounts can be applied to any number of defined product groupings. A.13 A Percentage Discount f1rom MSRP may be applied to all elements identified in MSRP including all Manufacturer Options applicable to the product/equipment or related service. 4.14 Accessory options requested by the customer and related to the general scope of this RFP but are not under the current contract will be priced using a "Sourced Product/equipment pricing model" as 16 Page 1006 of 1256 defined herein. See Section F I.J11 When a Proposer elects tau "Percentage Discount from Catalog or Category," Proposer will be responsible for providing and maintafidng current published "MSRP" with NJPA and must be included in their proposal and provided throughout the term of any Contract resulting from this RFP. L.1fi NJPA reserves the right to review catalogs submitted to determine if the represented products and services reflect and relate to the scope of this RFP. Each new catalog received may have the effect of adding now product offarings and deleting products no longer carried by the Vendor. New catalogs shall apply to the Contract only upon approval of the NJPA. Non-approved use of catalogs may result in termination for convenience. New price lists or catalogs found to be og non-contract items during the Contract may be grounds for terminating the Contract for convenience. New optional accessories for product/equipment and related so-vices may be added to the Contract through the NJPA approval process at the time they become available. C.HOT LIST PRICING L412 Where applicable, NJPA also invites the Vendor, at their option, to offer a specific selection of products/services, defined as a Hot List selection offer pricing at greater discounts or related advantages than those listed in the standard Contract pricing. All product/savice pricing, including the Hot List Pricing,must be submitted electronically provided in Excel format. Hot List pricing must be submitted in a Line-Item, format. Providing or offering a "Hot List Selection" of apment/products and related services is optional. Equipment/products and related services may be added or removed from the "Hot List"at any time. 4.18 of List program and pricing when applicable may also be used to discount and liquidate close-out and discontinued equipment1products and related services as long as those close-out and discontinued it are clearly labeled as such. Current ordering process and administrative fees apply. This option must be published and made available to 0 NJPA Members. 4.19 Hot List Program and Pricing is allowed to change at the discretion of the Vendor within the definition of Hot is Pricing. The Vendor is responsible to maintain current of List product/equipment and related service descriptions and Pricing with NJPA. D. CEILING PRICE &2j Proposal pricing is to be established as a ceiling price. At no time may the proposed equipment/products and related services be offered pursuant to this Contract at prices above this ceiling price out request and approval by NJPA. INIPORTANT NOTE: Contract prices may be reduced to to for volume considerations and commitments and to meet the specific and unique needs of an NJPA Member. 4.21 Allowable specific needs may include competitive situations,certain purchase volume commitments or the creation of custom programs based on the individual needs of NJPA Members. E.VOLUME PRICE DISCOUNTS 4.22 Proposers are free to offer volume commitment discounts from the contract pricing documented in a Contract resulting frorn this RFP. Volume considerations shall be determined between the Vendor and individual NJPA Members on a case-by-case basis. 4. Nothing in this Contract establishes a favored member relationship between the NJPA or any NJPA Member and the Vendor. The Vendor will, upon request by NJPA Member, extend this same reduced price offered or delivered to another NJPA Member provided the same or similar volume commitment, specific needs, terms, and conditions, a similar time fimme, seasonal considerations, locations, 17 Page 1007 of 1256 competitively situations and provided the same manufacturer support is available to the Vendor. 4.24 All price adjustments are to be offered equally to all NJPA Members exhibiting the same or Zbstantially similar characteristics such as purchase volume commilments, and timing including the availability of special pricing from the Vendor's suppliers. 4.25 Additional Quantities: 4.25.1 The contract awarded vendor will accept orders fbr additional quantities at the same prices, terms and conditions,providing the NIPA Member exercises the option before a specific date, mutually agreed upon between member and contract awarded vendor at time of original purchase order. ® Any extension(s)of pricing beyond the specific date shall be upon mutual consent between the NJPA Member and the contract awarded vendor. F SOURCED PRODUCT/EQUIPMENT/OPEN MARKET ITEMS 4.26 NJPA or NJPA Members may from time to time, request product/equipment and/or equipment/products and related services that are within the related scope of this RFP, which are not included in an awarded Vendor's lin it product/equipment and related service listing or "list or catalog."These items are known as Sourced Product/Equipment or Open Market Items. 4.27 An awarded Vendor resulting fiom this RFP may"Source"equipment/products and related services Fo—rNJPA or an NJPA Member to the extent they: 4.27.1 Identify all such equipment,products and services as"Sources Product/Equipment"or "Open Market Items"on any quotation issued in reference ton NJPA awarded contract, and provided to either NJPA or an NJPA Member,and 4.271 All applicable acquisition regulations pertaining to the purchase of such equipment, products and services have been fbIlowed, as defined by NJPA or the NJPA Member receiving quotation from Vendor,and 1.273 NIPA or the NJPA Member has determined the prices as quoted by Vendor for such equipment,products and services are deemed to be fair and reasonable and are acceptable to the member. G.COST PLUS A PERCENTAGE OF COST 4.28 Cost plus a percentage of cost as a primary pricing mechanism is not desirable. H.TOTAL COST OF ACQUISITION 4.29 The Total Cost of Acquisition for the equipment/products and related services being proposed, including those payable by NJPA Members to either the Proposer or a third party,shall be defined as: Ile cost of the proposed equipment/products product/equipment and related services delivered and operational for its intended purpose in the end-user's location. 430 For example, if you are proposing equipment/products only (IE, FOB Proposer's dock) your proposal would identify your deviation fi-orn the "Total Cost of Acquisition" of contracted equipment(products. The"Proposal should reflect that the contract does not provide for delivery beyond 18 Page 1008 of 1256 Proposer's dock, nor any set-upactivities or costs associatedi live or set-up activities." In termscontrast,proposed including 1 costs for Gdelivered at to the is location ul isclo ." I. ADDITIONSMELETIONS Requests t and related `c , additions, deletions, or any relatedcontract changes must be made in written form and shall be subjectto approval by NJPA. equipment/products4 New y be added to a Contract resulting from this RFP at any time during that Contract to the extent those equipment/products1 services scope of this RFP. Those requestssubject to review and approval of NJPA. Allowable equipmentiproducts and relatedservices l include t is ofequipment/products servicesand related and or enhancedservices sly offered whichotechnology and improved fiinctionality. 4.33 Proposers lti le manufacturers, or carrying multiplelate c so request the addition of new manufacturers or productlines to their Contract to the extent they remain scopewithin the s RFP. 4.34 NJPA's due diligence in analyzing any request for change is to determine if approval of the request is ) within the scope of the original RFP, and 2) in the " e Interests of NJPA and NJPAMembers." We are looldng forconsistent pricing and delivery mechanisms and an understanding of what value the proposal brings to NJPA and NJPA Members. Documenting4.35 the "Best Interests of NJPAoutdated i t is being deletedly straight forwardsince the product is no longer avaflablet to the procurement Contract. 4.36 Requests must be in the form of 1)an NJPA Vendor Price and Product Change Request Form which includes theproduct/equipment , a general statement identifying howproducts to be added are within e scopeo t identifying that, i appropriate,the pricing is consistent with the existingContract pricing. Further,provide detail as to what is being added at what price in the request form.Pending approval of your request by NJPA you will need to provide a complete re-statement of all pricing including1 new prices/productsexisting and products/equipment. 4.37 NJPA's intent is to encourages vie and document ' cclear and concise one page format on which we can approve and sign our acknowledgment and acceptance. This information ust ultimately come from Proposers,and NJPA is requiring it in this format. J.REQUESTING PRICING CHANGES AM Price Decreases: Requests for standard Contract price decrease adjustments t increases) are encouraged and wiIl be allowed at any time based on market placeefficiencies, placecompetitiveness,iolo ' s of delivery or if Vendor engages innovativein t practicess strategic sourcing, aggregate and volume purchasing. NJPA expectsvery best prices and anticipatesprice reductions due to the advancement of technologies and market place efficiencies. Doc e "Best Interests of NJPA and NJPA Members"is highly valued h e are documenting price reductions. 4.39 Price Increases: Requests standard contract price increases (or the inclusionf new generation t higher prices) can be made at any time. These requesti; will again be evaluated by NJPA based on the t interests of NJPA and NJPA Members. As an example, typically 1 Page 1009 of 1256 acceptable for existingt! services may cite increases to the Vendor of input costs such as petroleumother applicableo ly acceptable requestsor price incmses for new equipment1products and services enhance or improve on e current solutions y offered as well as cite increases in utilityf the new compared to the old.Vendors are requestedto reasonablyclaims cited e' ts. Your written request for therefore, is an exercisea a justification need it in sufficient detail for NJPA to deern suchinterests of ourselves . 4 Price Change Request Format. An awarded Proposer will e format of a NJPA Vendor Price and Product Change Request Form to request price increases terms ( e in product line )and stating theirjustificationt price increase(due to the recent increase in 1 costs)material by product category. is for the requestedc change must be attached to requestthe letter i tand ospricing. s 1 li c' ' to o n Attachments your requests . K. PRICE AND PRODUCT CHANGES FORMAT 4.41 1 price and product change requests must be submitted PRODUCT CHANGE REQUEST FORM found e very end of thissolicitation. NJPA's due diligence t and pricechange requests is to consider e reasonableness of the request and document consideration on behalfe following documentation to request pricing change: 4,41J An cel spreadsheet identifying all equipment/productsservices being offered and their 'c' sus u will ' naming `o o "(Vendor e)pricing effective ." . Include all equipment/products and services regardless of whether their prices changed. By observing thisconvention we will: i.Reduce confusion single, y to find,current pricing sheet for each Vendor. ii.Create a historicalc ricin ." L. SINGLE STATEMENTPRICING/HISTORICAL 4.42 Initially, e t for product addition,deletion, c' e;you must state 1 pricing for all equipmenttproducts and servion available.The request above will serve as the documentationo complete c' list will be identified y i "Effective ." Each successive 'e listing identified its "Effective Date" will create "Product and Price History"for the Contract. 4,42 Proposers y use the multiple tabs available in an Excel workbook to separately list logical product groupings or to separately c' t. 4.44 1l equipment/products so-vicesso-vices together with their pricing,whether changed within the request or remaining c ill be stated o ' icing" result of each requesto product,service,or pricing . subsequentM_5 Each "Single Statemen of Product and Pricing" will be archivedits effective thei-efore creating a product and price history fory Contract resulting from this requiredto a historical record of pricing1 submitting tpricing "Single t oProduct/Equipment I ices Contract Price ". This pricing update is required at a minimum of once per contractyear. M.PAYMENT TERMS 20 Page 1010 of 1256 !L46 Payment terms will be defined by the Proposer in the Proposer's Response. Proposers are encouraged to offer payment terms through P Card services if applicable to the customary method of procurement relating to the contracted product/equipment and related services. 4 Leasing-If available,identify any leasing programs available to NJPA and NJPA Membem as part of your proposal. Proposers should submit an example of the lease agreement to be used. Proposers should identify: • General leasing terms such as: a The percentage adjustment over/under an index rate used in calculating the internal rate of return for the lease;and o The index rate being adjusted;and o e" h e Option"at lease maturity($1,or fair market value);and o The available term in months of lease(s)available. • Leasing company infbrmation such as. o The name and address of the leasing company;and o Any ownership, common ownership, or control between the Proposer and the Leasing Company. N. SALES TAX 4A Sales and offier taxes, whem applicable, shall not be included in the prices quoted. Vendor will charge state and local Wes and other taxes on iterns for which a valid tax exemption certification has not been provided. Each NJPA Member is responsible for providing verification of tax exempt status to Vendor. When ordering, if applicable, NJPA Members must indicate that they are tax exempt entities. Except as set forth herein,no party shall be responsible for taxes imposed on another party as a result of or arising from the transactions contemplated by a Contract resulting firorn this RFP. 0. SHIPPING AND SHIPPING PROGRAM 4j4 2 Shipping program for material only proposals, or sections of proposals,must be defined as a part of the cost of product/equipment. If shipping is charged to NJPA or NJPA Member,only the actual cost of delivery may be added to an invoice. Shipping charges calculated as a percentage of the product price may not be used, unless such charges are lower than actual delivery charges. No COD orders will be accepted. It is desired that delivery be made within ninety-days(90)of receipt of the Purchase Order. See "Me Total Cost of Acquisition"for the equipmentiproducts and related services. 4 Any shipping cost charged to NJPA or NJPA Members will be considered to be part of"proposal pricing.39 4.51 Additional costs for expedited deliveries will be at the additional shipping or handling expense to the NJPA Member. ® Selection of a canrier for shipment will be the option of the party paying for s d shipping. Use of another carrier will be at the expense of the requester. ® Proposm must define their shipping programs for Alaska and Hawaii and any location not served by conventional shipping services. Over-size and over-weight items and shipments may be subject to cuSt om freight progmms. 4,M- Proposals containing restocking fees are less advantageous than those not containing re-stocking fees.That being said,certain industries cannot avoid restocking fees.Certain industries providing made to order product/equipment may not to returns.With regard to returns and restocking fees,Proposers will be evaluated based an the relative flexibility extended to NJPA and NJPA Members relating to those subjects.Where used,restocking fees in excess of 15%will be considered excessive.Restocking fees may 21 Page 1011 of 1256 be waived, at the option of the ProposerNendor. Indicate all shipping and re-stocking fees in price program. 4.55 Proposer agrees shipping enors will be at the expense of the Vendor. For example,if a Vendor ships a product that was not ordered by the member,it is the responsibility of the Vendor to pay for return mail or shipment at the convenience of the member. 14.M Unless specifically stated otherwise in the" i "of a Proposer's Response, all prices quoted must be F.O.B. destination with the freight prepaid by the Vendor. Delivery effectiveness is very important aspect of this Contract. If completed deliveries are not made at the time agreed,NJPA or NJPA Member reserves the right to cancel and purchase elsewhere and hold Vendor accountable. If delivery dates cannot be met, Vendor agrees to advise NJPA or NJPA Member of the earliest possible shipping date for acceptance by NJPA or NJPA Member. 4.57 Delivered products/equipment must be properly packaged. Damaged produeft/equipment will not be accepted, or if the damage is not readily apparent at the time of delivery, the product product/equipment shall be returned at no cost to NJPA or NJPA Member. NJPA and NJPA Members reserve the right to inspect the product/equipment at a reasonable time subsequent to delivery where circumstances or conditions prevent eff-ective inspection of the producVequipment at the time of delivery. 4.58 Vendor shall deliver Contract conforming products/equipment in each shipment and may not substitute products/equipment out approval from NJPA Member. 4NJPA reserves the right to declare a breach of Contract if the Vendor intentionally delivers substandard or inferior products/equipment which are not under Contract and described in its paper or electronic price lists or sourced upon request to any member under this Contract. In the event of the delivery of a non-conforming product/equipment,NJPA Member will immediately notify Vendor and the Vendor will replace non-conforming product/equipment with conforming product/equipment acceptable to the NJPA member. 4.60 Throughout the term of the Contract, Proposer agrees to pay for return shipment on product/equipment that arrives in a defective or inoperable condition.Proposer must arrange for the return shipment of damaged product/equipment. L4&Unless contrary to other parts of this solicitation, if the product/equipment or the tender of delivery fail in any respect to conform to this Contract,the purchasing member may: 1)reject the whole,2)accept the whole or 3)accept any commercial unit or units and reject the rest. P.NORMAL WORKING HOURS 4.L2 Prices quoted are for equipment/products and services delivered during normal business hours. Normal Business hours will be as specifically defined herein, defined through industry standards OR defined through statement contained in the purchasetwork order issued pursuant to a Contract resulting from this RF?. 5. MARKETING PLAN 11 Internal Marketing Plan: If you are awarded a contract based on this solicitation, your sales force will be the primary source of the contract success.Your sales force needs to be aware that the value of the contract includes: • Tle use of the NJPA Contract will save their customer(NJPA's Member)the time and effort of bringing a new individual Request For Proposal(RFP). • The use of the NJPA Contract will save you and your sales force the time and effort of responding to individual Request For Proposals(RFPs). 22 Page 1012 of 1256 • The use of the NJPA Contract will offer NIPA members the opportunity to have the ability to choose your company's contracted product/equipment and related services. An award of Contract resulting from this RFP is an opportunity for the awarded Vendor to pursue commerce with, and deliver valued contracted products/equipment and related service solutions to NJPA and NJPA Members nationwide. Your internal marketing plan should serve to: L.1.1 Identif ent whom will need to understand the value y the appropriate levels of Wes managern of, and the internal procedures necessary to deliver your Contract solution to NJPA and NJPA Members through your marketing and sales efforts. 5.1.2 Identify,in general, your national footprint and dedicated feet-on-tho-stroet sales force that will be carrying this Contract message and opportunity in the field to NIPA Members.Outline the sale force network int of numbers and geographic location and distribution of the product/equipment and related services. Service may be independent of the sales of the product/ equipment. Demonstrate fully the sales and service capabilities of your company through your response. 5.1.2.1 Identify whether your ales force are employees or independent contractors. Identify whether your dealers are company owned or independently owned. 5.1.3 Identify your plan for delivering training to thew individuals. Will you have your sales force or dealer network gathered at national or regional events in the near future? Does you sales force or dealer network have the ability to participate in sales training webinar or webcast events? 5.1.3.2 NJPA is prepared to provide our personnel for sales training and/or on a webinar or webeast or other methodologies to effectively reach the appropriate groups within your sales management,dealer network and sales force. 5.1.4 Sales Management Contract Training. 5.1.4.1 NJPA will commit to providing contract sales training regarding all aspects of communicating the value oft Contract itself, the authority of NJPA too the Contract to its Members,the value the Contract delivers to NJPA Members,the scope of NJPA Membership, and the authority of NJPA Members to utilize NJPA procurement contracts. j&.4—.2 Your Sales Management will be needed to provide training regarding employee compensation and internal procedures when delivering the Contract opportunity,and how this Contract purchasing opportunity relates with other such opportunities available. 5.2 Success in marketing is dependent upon 1) the delivery of value as defined in section 1.4, 2) the TeRvery of knowledge of the contract and its proper use and utility,and 3)the delivery of the contracted products/equipment and related services and the sales reward which creates a personal commitment to the contract. NJPA desires a marketing plan that: 5.2.1 identifies the value to a member of a delivered a competitively proposed national cooperative procurement contract that reduces the need by both the NJPA Member and the VendorNendor's sales staff of the responsibility to facilitate and responding to multiple and similar individual RFP's; 5.2.2 identifies the appropriate Vendor personnel from both management and sales staff who will be 'nod on the sales and marketing methods, strategy,use and utility of such a contract and a 23 Page 1013 of 1256 general schedule of when and howas s will be trained;and identifies in general how the reward system for the marketing,delivery, a' o e Vendor will be affeeW by the implementationof the proposedo t will be individualsproposed to those created 5.1.1 above. 5.3 External Marketing Plan:NJPA is seelting the abilityserve all our current and potential nationwide. The Proposer st demonstrate the ability to both market and service products/equipmentlated services to NJPA current and potential Plan,of your Marketing c capability to staff, communicate contract opportunity while demonstrating your commitmentto serving NJPA nationwideand NJPA Members . 5.4 The Proposer t =hibit the willingness and abilityl is and participate 7-marketinj venues such . t Q ' s. 1initially l color 's camera ready electronic format including company logos, identifying e Vendor's general utility , and contact information to be used by NJPA and NJPA Members in a l page,half page, and quarter page formats. These advertisements will be used in the NJPA directory and other marketing publications. o t c is 's os will i 1 Identifying' . anticipatedc announcements, advertisements in industry periodicals, or indirectother direct or marketing activities. sX user's i 'll r act l displayed the® ' i n on-line shoppingexperience for NIPA and NJPA Members is desired when applicable 1 be viewed as a value-addedr' . T o will involvement promotion® n t resulting from this RFP through applicableto identify tradeshows and other appropriatevenues or the promotion of any such Contract. Proposers are encouraged o consider participation with NJPA at NJPA embracednational o , Examples of such could 1 e: NAEP National Association of Educationt I-ASBO International Association of School Business Officials InstituteNIOP National f Government Purchasing o cooperation1 to avenues to equally market and drive salesa 1 NJPA Members nationally. Awarded Vendor agrees to actively market in cooperation with NJPA all contracted equipment/products services to current and potential NJPA Members. NJPA reserves the right to deem a Proposer non-responsive to waive an award based on an unacceptable1 it complete 1 n l ll out ®' to current and potentialactively promote the Contract in cooperation e NJPA. Proposers 's nsi s in the areas of 1} Website Link 's website to it , ) Attendance and participation with a display booth at national and regional trade shows and meetingsi 24 Page 1014 of 1256 applicable to the Proposer's customer vertical, and 3) Sales team and sales training programs involving both Proposer's sales management and NJPA staff. 5.7 Facilitating NJPA Memberslilp: Proposer should express their commitment to develop a process to establish membership status of cummt and potential agencies with NJPA as a part of the sales or customer communication process. 17,1 Membership information: Proposer should flu-ther express their commitment to capturing sufficient member information as is deemed necessary by NJPA to appropriately facilitate membership. 6. PROPOSAL OPENING PROCEDURE 6.1 Sealed and properly identified Proposer's Responses for this RFP entitled "SEWER VACLJUK HYDRO-EXCAVATION, AND/OR STREET SWEEPER EQUIPMENT WITH RELATED ACCESSORIES AND SUPPLIES" will be received by Maureen Knight, Contracts and Compliance Manager, at NJPA Offices, 202 12th Street NE, Staples, MN 56479 until the deadline for receipt of,and proposal opening identified on page one of this RFP. We document the receipt by ushig an atomic clock; an NJPA employee electronically time and date stamps all Proposals immediately upon recelpL The NJPA Director of Contracts and Marketing, or Representative fi-orn the NJPA Proposal Evaluation Committee, will then read the Proposer's names aloud. A surnmary of the responses to this RFP will be made available fbr public inspection in the NJPA office in Staples, MN. A letter or e-mail request is required to receive a complete RFP package. Send or communicate all requests to the attention of Maureen Knight 202 12th Street Northeast Staples, MN 56479 or RFP@njpacoop.org to receive a complete copy of this RFP. Method of delivery needs to be indicated in the request; an email address is required for electronic transmission. Oral, facsimile, telephone or telegraphic Proposal Submissions or requests for this RFP are invalid and will not receive consideration. All Proposal Responses must be submitted in a sealed package. The outside of the package shall plainly identify "SEWER VACUUM, HYDRO-EXCAVATION, AND/OR STREET SWEEPER EQUIPMENT WITH RELATED ACCESSORIES AND SUPPLIES"To avoid premature opening,it is the responsibility of the Proposer to label the Proposal Response properly. 7. EVALUATION OF PROPOSALS A. PROPOSAL EVALUATION PROCESS Z._1 Overall Evaluation(FORM G)-The N`JPA Proposal Evaluation Committee will evaluate proposals received based on a 1,000 point evaluation system. The Committee will establish both the evaluation criteria and designate the relative importance of those criteria by assigning possible scores for each category. 7.2 NJPA will use a 1,000 Point Evaluation System to help determine the best overall Proposer(s) selection. 73 NJPA shall use a final overall scoring system to include consideration for best price and cost 1uation. The to possible score is 1,000 points. NJPA reserves the right to assign any number of point awards or penalties it considers warranted if a Proposer stipulates exceptions, exclusions, or limitations of liabilities. 27.4_Responses will be evaluated first for responsiveness and thereafter for content. The NJPA Board of Directors will make awards to the selected Proposer(s) based on the recommendations of the Proposal Evaluation Committee. M To qualify for the final evaluation, a Proposer must have been deemed responsive as a result of the criteria set forth under"Proposer Responsiveness." 25 Page 1015 of 1256 Z&NJPA uses a variety of evaluation methodologies, including but not limited to a cost comparison of specific and deemed to be Mm equipment/products. These processes establish final points for submitted price levels. 7.7 The procurement activities of the NIPA Proposal Evaluation Committee are limited to document preparation, answering Proposer questions, advertising the solicitation, distribution of this RFP upon request, conducting an evaluation and making recommendation for possible approval to NJPA Board of Directors. B.PROPOSBR RESPONSIVENESS 7.8 Proposer's Response received after the deadline for submission will be invalid and returned to the Potential Proposer unopened. 7.9 An essential part of the proposal evaluation process is an evaluation to qualify the Proposer being considered. All proposals must contain answers or responses to the information requested in the proposal forms. Any Proposer fang to provide the required documentation may be considered non-responsive. 2,12 Deviations or exceptions stipulated in Proposer's Response may result in the proposal being classified as non-responsive. 7.11 To qualify for evaluation, a proposal must have been submitted on time and materially satisfy all mandatory requirements identified in this document. A proposal must reasonably and substantially conform to all the terms and conditions in the solicitation to be considered responsive. 2,11 The Proposal Evaluation Committee shall utilize the evaluation criteria indicated in section 7.14 below. The following items constitute the test for"Level One Responsiveness"and are determined on the proposal opening date.If these are not received your response may be disqualified as non- responsive. Level One Responsiveness includes: 1. The proposal response is received prior to the deadline for submission. 2. The proposal package was properly addressed and identified as a sealed proposal with a specific opening date and time. 3. The proposal response contains the required certificate of liability insurance,pricing document(with apparent discounts),answer to the level of discount(Form P,question 19)and all forms fully completed even if"not applicable"is the answer. 4. The proposal response contains original signed,completed and dated RFP forms C,D, and F hard copy signed signature page only from forms A and P from.this RFP and if applicable,all counter signed addenda issued in relation to this RFP. 5. The proposal response contains an electronic copy(CD or flash drive)of the entire response. 7.13 "Level 2" responsiveness is determined through the evaluation of the remaining items listed under Proposal Evaluation Criteria. These items are not arranged in order of importance and each item may encompass multiple areas of information requested. Any questions not answered will result in a loss of points fiun relevant Form 0 criteria and may lead to non-award if too many areas are unanswered resulting in the inability for evaluation to to effectively review your response. C.PROPOSAL EVALUATION CRITERIA Reduction of Evaluation Points. The following items will be sufficient cause to reduce evaluation points. LL4_,1 If a manufacturer or supplier chooses not to produce or supply a fall selection and representation of product/equipment and related services it has available which fall within the 26 Page 1016 of 1256 scope of this RFP,such action will be considered sufficient cause to reduce evaluation points. 7.15 Evaluation Criteria: Evaluation of each Proposer's Response will take into consideration as a minimum response but not necessarily limited to the following: 1. Adherence to all requirements of this RFP as defined by industry standards. 2. Prior knowledge of and experience with a Proposer in terms of past performance and market place success. 3. Capability of meeting or exceeding current and future needs or requirements of NJPA and NJPA Members. 4. Evaluation of Proposer's ability to market to and provide service to all NJPA Members nationalI . 5. Financial condition of the Proposer. 6. Nature and extent of company data furnished in Proposer's Response. 7. Quality of products,equipment,and services offered including value added related services. B. History of member service to NJPA type customers. 9. Overall ability to perform sales,solutions and contract support as submitted. 10. Ability to meet service and warranty needs. 11. History of meeting shipping and delivery expectations of contracted products/services. 12. Technology advancements and related provisions. 13. Ability to market and promote the Contract within current business practices. 14. Willingness to develop and enter into NJPA Contract and business relations. 15. Favorable bond rating and applicable industry standard licensing ability. 16. Past market place successes and brand recognition. 17. Demonstrated warranty and product1service responsibility. 18. Possesses qualifications as a responding Proposer that meets or exceeds those set within the solicitation. 19. Information from government and education references and past performance information including past agency approval. 20. Demonstrates that they offer the most current industry standard equipment/products and related services and/or services. 21. Demonstrates financial stability as a company and a favorable banking line of credit. 22. Demonstrates their equipiment/products and related sm-vices proposed meet and/or exceed industry standards accepted by educational or governmental agencies nationally. 23. Demonstrates market place success and their past performance exhibits an acceptable reputation nationally within the government and education market plam 24. Demonstrates that the company possesses the background,knowledge,capacity,and ability to sell,deliver,and support equipment/products and related services offered to government and education and related agencies. 25. Response's cane tot and conditions as described in the solicitation,including documentation. 26. Has provided documentation defining, outlining, and describing their concept of a national marketing program they will be implementing to facilitate and coordinate the cooperative activities required by an awarded NJPA Contract. 27. Has provided all of the required and applicable documentation required i.e.insurance certificates,licenses,and/or registration certificates required to do business nationally. 28. Line-Item Pricing,or acceptable pricing model in approved excel format,listing of all of the proposed equipment1products and related services and warranty provisions with their associated units of costs. 29. of List Pricing equipment/products and related services in a Line-Item Pricing format(when applicable). 30. Contract Pricing submitted as requested to include selection of products/equipment and related services in a Line-Item Pricing and/or Percentage Discount f1rom.a published gov/ed price list or Catalog. D. OTHER CONSIDERATION 27 Page 1017 of 1256 7.16 Consideration e given in the award based on the completion and degree of information provided regarding available accessories, and related services as wellas, applicable of the Proposer Information and Questionnaire. 7.17"Me Proposer is required to have `v t least three(3)years of experience with the related activities surrounding the selling of the productteguipment, related services 1 t producta/equipmentoffered. right7.18 NJPA reserves the or reject newly formed companies solely based on information provided in the proposalits own investigation of tha company. 2,19 The fact a manufacturer or supplier ooses not to produce or provide equipment products or services to meet the intent and scope of this RFP will not be considered i nadjudge RFP s restrictive. 7.20 Co i in the proposal evaluation based upon the selection, , technological , and demonstrated qualityof products submitted, c of v c , and pricing. A positive review will reflect the ability of the Proposer to communicate the value demonstratefactors and to t and serviceofferings and NJPA Members comfort and assurances is the sole source o responsibility of the response to the scope . 2.21 Consideration will also be given to proposals demonstrating technologicaladvances, provide increased efficiencies, improvements beyo 's NJPA member's needs and applicablestandards. 2.22 Strong consideration will be given to a Proposer's past performance, r ` ion model, and the demonstration their ability o effectively market and service NIPA Membership nationally. = Strong consideration `ll be givento the best price as it relates to the qualitye product and However, price is ultimately only one of the factorstaken into i ` in the evaluation and award. 7.24 The Proposer's abilityfollow os s set forth in this solicitation will considered to be an indicatorof the Proposer's abilityfollow instructions should receivethey lici y Contract between NJPA and a Proposer requires the delivery of informatione quality of organization and writing reflectedin the proposal will be consideredis of the qualitydo of if s Contract was awarded. As a result,the proposal will be evaluated as a sampleof data submission. 's financial str=gth and stabilityis requested and reviewed to get a general feel for the size, strength,and probablescope of the Proposer. 7.26 NJPA reserves the right to reject the Proposer's Responsesuccessful the available evidence or information not exhibit the abilityintent to satisfy NJPA that the potential Vendor is unable to properly carry out the terms of this RFP and potential Contract. shall7.27 NJPA reserve the right to reject any or all proposals. c proposal not accompanied by required certificate of insurance, other data required by this RFP, or if a Proposer's Response is incomplete or irregular. The NJPAll reject all proposals where there has been proven or suspicion of collusion a Proposers. E.COST COMPARISON 29 Page 1018 of 1256 2128 NJPA reserves the right to use this process in the event the Proposal Evaluation Committee feels it is necessary to make a final determination. 2.29 This process will be based on a point system with points being awarded for being to to high Proposer for each cost evaluation item selected. A "Market Basket" of identical (or substantially similar) equipment/products and related services may be selected by the NJPA Evaluation Committee and the unit cost will be used as a basis for determining the point value. The "Market Baskef' will be selected by NJPA from all product categories as determined appropriate by NJPA. The low priced Proposer will receive the full point value and all other Proposers will receive points as follows:Lowest price Proposal= 5 (where then are five proposers), and inferior proposals = 4, 3, 2, 1 points each. The Total Score for each proposa will be the sum of all points earned. 'Me result of this process shall not be the sole determination for award, F PRODUCT TESTING JJ0 NJPA reserves the right to request and test equipment/products and related services from the apparent successful Proposer. art the award of the Contract, the apparent successful Proposer, if requested by NJPA, "I furnish curmt information and data regarding the Proposer's resources, personnel,and organization within gum(3)days. 0.PAST PERFORMANCE INFORMATION 7.31 Past performance information is relevant information regarding a Proposer's actions under previously awarded contracts to schools, local, state,and governmental agencies and non-profit agencies. It includes the Proposer's record of conforming to specifications and standards of good workmanship. The Proposer's history for reasonable and cooperative behavior and commitment to member satisfaction shall be under evaluation. Ultimately, Past Performance Information can bedefined as the Proposer's businesslike concern for the interests of the NJPA Member. H.WAIVER OF FORMALITIES 7.32 NJPA reserves the right to waive any minor formalities or irregularities in any proposal and to accept proposals,which,in its discretion and according to the law,may be in the best interest of its members. 8. POST AWARD OPERATING ISSUES A. SUBSEQUENT AGREEMENTS 8.1 Purchase Order- Purchase Orders for product/equipment and rulated services may be executed 7etween NJPA or NJPA Members (Purchaser) and awarded Vendor(s) or Vendor's sub-contractors pursuant to this invitation and any resulting Contract. NJPA Members are instructed to identify on the face of such Purchase orders that"This purchase order is issued pursuant to NJPA procurement contract #XXXXXX." A Purchase Order is an offer to purchase product/equipment and related services at specified prices by NJPA or NJPA Members pursuant to a Contract resulting fiorn this RFP. Purchase Order flow and procedure will be developed jointly between NJPA and an Awarded Vendor after an award is made. 8.2 Governing Law- Purchase Orders, as identified above, shall be construed in accordance with, and governed by,the laws of a competent jurisdiction with respect to the purchaser. Each and every provision oft and clause required by law to be included in the Purchase Order shall be read and enforced as though it were included. If through mistake or otherwise any such provision is not included, or is not currently included,then upon application of either part the Contract"I be physically amended to make such inclusion or correction. The venue for any litigation arising out of disputes related to Purchase 29 Page 1019 of 1256 Order(s)shall be a court of competent jurisdiction to the Purchaser. Additional Tex-ms and Conditions- 'ti conditions y be proposed y NJPA,NJPA Members,or Vendors. Acceptance of these additional terms and conditions i OPTIONAL to 1 parties to the Purchase Order. The purpose of these additional terms and conditions i o,among other things;formally introduce job or industry specificof law such as prevailing wage legislation. Additional terms and conditions can include specific l l policy standard businessc ` of the issuing , Said additional terms and conditions shall not interfere with the general purpose, intent or currently establishedterms and conditionscontain in this RFP document. serviceSA Specialized Service Requirements- In the event specialized c requirements such as e-commercc specifications, specialized delivery specifications and requirements nof addressed in the Contractthis RFP,NJPA Member and Vendor may enter to a separate, standalone t, apart from a Contract resulting finni this RFP. Any proposed service is or specialized performance requiremenis l by Any separate agreement developed to addresse mpecialized service or performance requirements is exclusively between the NJPA Member and Vendor. NJPA, its agents, Members and employees shall not be made party to any claim such t sourcing is not considered l need to conduct procurements for any specialized services not identified o t. Bond-8.5 Performance At the request of the member, a Vendor will provide all performance bonds ly and customarilyindustry. Thesewill be issued t to the requirements o product/equipment and relatedservices. Ifs purchase order i cancelled lack of a required performance bond by the member agency,its all be the recommendation of NJPA that the current pending Purchase Order be canceled. decision on CUSTOMERPurchase Order continuation. ANY PERFORMANCE BONDING REQUIRED BY THE MEMBER OR SECURED BETWEEN THE VENDOR AND THE . B.NJPA MEMBER SIGN-UP I&Awarded Vendors will be responsible for familiarizing ir sales and service forces with the various forms of NJPA Membership documentationl encourage and assist potential establishing is at no cost, obligation or liability member or the vendor. REPORTINGC. 8.7 A report of a total gross dollarvolume of all equipment/products and relatedequipment/ s purchased NJPA Members as it applies to this RFP and Contract will be providedquarterly , The form and content of this reporting will be developedy NJPA in cooperation a Vendor to include, t not limited o, name and address of purchasing agency, amount of purchase, and a descriptionof the items purchased- Vendors are responsibleor providing a quarterlyles report of contract sales a existence or amount of sales. D.AUDITS however8.8 During the Term, o more than once per calendar year, s)may be required to make available to NJPA at the Vendor's corporate offices ) theinvoice and/or invoice l invoices sent by Vendor and all payments made y NJPA members for all equipment/products and relatedservices purchased under the awarded Contract 30 Page 1020 of 1256 NJPA must provide written notice of exercise of this requirement with no less than fourteen(14)business days' notice.NJPA may employ an independent auditor or NJPA may choose to conduct such audit on its own behalf. 1 have the right to approve the independent auditor,which approval shall not be unreasonably withheld. Upon approval and after the auditor has executed an appropriate confidentiality agreement, Vendor will permit the auditor to review the relevant Vendor documents. NJPA shall be responsible for paying the auditor's fees. The parties will make every reasonable effort to fairly and equitably resolve discrepancies to the satisfaction of both parties.Vendor agrees that the NJPA may audit th6r records with a reasonable notice to establish to compliance and to verify prices charged hereunder of the Contract are being met. Vendor agrees to provide verifiable documentation and tracking in a timely manner. E.HUB PARTNER L2 Bub Partner: Where applicable, NJPA Members may, firom time to time, request to be served in some way through a "Hub Partnee, for the purposes of complying with a Law, Regulation, or Rule to which that individual NJPA Member deems to be applicable in their jurisdiction.Hub Partners may bring value to the proposed transactions through consultancy, Disadvantaged Business Entity Credits, or other considerations. LIA Hub Partner Fees: Fees, costs, or expenses ftom this Hub Partner levied upon a transaction resulting from this contract,shall be payable by the NJPA Member provide that: L1_0.1 The fees, costs, or expenses levied by the Hub Vendor must be clearly itemized in the transaction;and AJ-0.2–To the extent that the Vendor stands in the chain of title during a transaction resulting from this RFP, the documentation shall be documented to show it is "Executed fort Benefit of [NJPA Member Name]." F.TRADE-INS 8.11 Where Appropriate, the value in US Dollars for Trade-ins will be negotiated between NJPA or an NIPA Member,and an Awarded Vendor.That identified"Trade-In"value all be credited in full against the NJPA purchase price identified in a purchase order issued pursuant to any Awarded NJPA procurement contact.The full value of the trade-in will be consideration to that purchase order. 0. OUT OF STOCK NOTIFICATION 8.12 Vendor shall immediately notify NJPA members upon receipt of ordex(s) when an out-of-stock occurs. Vendor shall inform the NJPA member regarding the anticipated date of availability for the out- of-stock itern(s),and may suggest equivalent substitute(s). • Ile ordering organization shall have the option of accepting the suggested equivalent substitute,or canceling the it from the order. • Under no circumstance is Proposer permitted to make unauthorized substitutions. • Unfilled or substituted it shall be indicated on the packing list. H.TERMINATION OF CONTRACT RESULTING FROM THIS RFP 8.13 NIPA reserves the right to cancel the whole or any part of a resulting Contract due to failure by the Vendor to carry out any obligation,term or condition as described in the to procedure. Prior to any termination for cause, the NJPA will provide written notice to the Vendor, opportunity to respond and opportunity to c= according to the steps in the procedure in this Cancellation Section. Some examples of material breach are the following: • The Vendor provides products/equipment or related services that does not meet reasonable quality standards and is not remedied under the warranty; 31 Page 1021 of 1256 • The Vendor fails to ship the produ cts/equipment or related services or provide the delivery and services within a reasonable amount of time; • NJPA has reason to believe the Vendor will not or cannot perform to the requirements or expectations of the Contract and issues a request for assurance as described herein and Vendor ls to respond; • The Vendor fails to observe any of the material terms and conditions of the Contract; • The Vendor fails to follow the established procedure for purchase orders,invoices and/or receipt of fituds,as established by the NJPA and the Vendor in the Contract. • The Vendor fails to report quarterly sales; • The Vendor fails to actively market this Contract within the guidelines provided in this RFP and the expectations of NIPA defined in the NJPA Contract Launch. • In the event the contract has no measurable and defining value or benefit to NYPA or the NJPA member. 9.14 Each party shall follow the below procedure if the Contract is to be terminated fbr violations or non-perfoxinance issues: Step 1: Issue a warning letter outlining the violations and/or non-perfonnance and state the length of time(10 days)to provide a response and correct the problem(s)if reasonably possible in such time frame. Step 2: Issue a letter of intent to cancel Contract,if the problem(s)is not resolved within fifty(50) days. Step 3:Issue letter to cancel Contract for cause. 9.15 Upon receipt of the written notice of concern, the Vendor shall have ten (10) business days to provide a satisfactory response to the NJPA. Failure on the part of the Vendor to reasonably address all issues of concern may result in Contract cancellation pursuant to this Section. 8.16 Any termination shall have no effect on purchases that are in progress at the time the cancellation is received by the NIPA. Ile NJPA reserves the right to cancel the Contract immediately for convenience, without penalty or recourse,in the event the Vendor is not responsive concerning the remedy,the performance,or the violation ism within the time frame,completely or in part. 9.17 NJPA reserves the right to cancel or suspend the use of any Contract resulting from this RFP if the Vendor files for bankruptcy protection or is acquired by an independent third party. Awarded Vendor will be responsible for disclosing to NJPA any litigation, bankruptcy or suspensions/disbarments that occur during the contract period. Failure to disclose may result in an immediate termination of the contract. Prior to commencing services under this Contract, the ProposaNendor must furnish NJPA certification fi-orn insurer(s)proving level of coverage usual and customary to the specific industry. The coverage is to be maintained in full effect during the Contract period. Vendor must be willing to provide, upon request,certification of insurance to any NJPA member or member using this Contract. 1.11 Either party may execute Contract termination out cause with a required 60-day written notice of termination. Termination of Contract shall not relieve either party of financial, product or service obligations incurred or accrued prior to termination. L12 NJPA may cancel any Contract resulting from this solicitation without any fi&J=obligation if any NJPA employee significantly involved in initiating, negotiating, securing, draffing or creating the Contract on behalf of the NJPA is found to be in collusion with any Proposer to this RFP for their personal gain. Such cancellation shall be effective upon written notice from the NIPA or a later date if so designated in the notice given. A terminated Contract shall not relieve either party of financial,product or service obligations due to participating member or NJPA. Events of Automatic termination to include: 32 Page 1022 of 1256 • Vendor's failure to remedy a material breach of a Contract resulting from this RFP within sixty(60)days of receipt of notice frorn NJPA specifying in reasonable detail the nature of such breach;and/or, • Receipt of written information from any authorized agency finding activities of Vendors engaged in pursuant to a Contract resulting from this RFP to be in violation of the law. 9. GENERAL TERMS AND CONDITIONS A.ADVERTISEMENT OF REP 2.1 NJPA shall advertise this solicitation 1)for two consecutive weeks in both the hard copy print and on- line editions of the MlhaE APOLIS STAR TRIBUNE2)Once each in Oregon's Daih Journal of CgMmerce;and Utah's Salt Lake Tri and the Desert News 3)it shall be placed on a national wire service and website by the MINNEAPOLIS STAR TRIB I- �J:,4)it shall be posted on NJPA's website, 5)itshall be posted to the"Noticetobidders.com"website,and 6)it shall be posted too third-party websites deemed appropriate by NJPA.Other third party advertisers may include Onvia and Bidsync. NJPA also notifies and provides solicitation documentation to each State level procurement departments for possible re-posting of the solicitation within th&systems and at their option for future use and to meet specific state requirements. B.ADVERTISING OF A CONTRACT RESULTING FROM THIS RFP 9.2 ors shall not advertise or publish information concerning this Contract prior to the 77ard being announced by the NJPA. Once the award is made, a Vendor is expected to advertise the awarded Contract to both current and potential NJPA Members. C.APPLICABLE LAW 9.3 NJPA Compliance with Minnesota Procurement Law: Contracts awarded through NJPA are liended to meet the procurement laws of all states and NJPA will exhaust all avenues to comply with each unique state law or requirement whenever possible. It is the responsibility of each participating NJPA member to ensure to their satisfaction that N`JPA contracting process falls within these laws and applicable laws are satisfied. An individual NJPA member using these contracts is deemed by their own accord to be in compliance with their own requirements and procurement regulations. 9.4 Governing Law with respect to delivery and acceptance: All applicable portions of the Minnesota Uniform CommercHal. Code, all other applicable Minnesota laws, and the appffcable laws and rules of delivery and inspection of the Federal Acquisition Regulations (FAR) laws shall govern NJPA contracts resulting from this solicitation. 9-5 Jurisffiction:Any claims pertaining to this REP and any resulting Contract that develop between RJ-PA and any other party must be brought forth only in courts in Todd County in the State of Minnesota. 9.5.1 Purchase Orders issued pursuant to a contract resulting fivro.this solicitation shall be construed in accordance with,and governed by,the laws of a competent jurisdiction with respect to the purchaser. 9.6 Vendor Compliance with applicable law: Vendor(s) shall comply with all federal, state, or local Tw-9 applicable to or pertaining to the transaction, acquisition,manufacturer, suppliers or the sale of the equipment/products,and relating services resulting from this RFP. 9.7 Applicable Laws, whether or not herein contained, shall be included by this reference. It shall be T;poser's/Vendor`s responsibility to determine the applicability and requirements of any such laws and 33 Page 1023 of 1256 to abide by them. 9.8 Indemnity:Each party agrees it will be responsible for its own acts and the result thereof to the extent authorized by law and shall not be responsible for the acts of the other party and the results thereof. NJPA's liability slWl be governed by the provisions of the Minnesota Tort Claims Act, Minnesota Statutes,Section§3336,and other applicable law. 9.9 Prevailing Wage: It shall be the responsibility of the Vendor to comply, when applicable, with prevailing wage legislation in effect in the jurisdiction of the purchaser(NJPA or NJPA Member). It shall be the responsibility of the Vendor to monitor the prevailing wage rates as established by the appropriate department of labor for any increase in rates during the term of this Contract and adjust wage rates accordingly. 2J11 Patent and Copyright Infringement: If an article sold and delivered to NJPA or NJPA Members hem-under shall be protected by any applicable patent or copyright, the Vendor agrees to indemnify and save harmless NJPA and NJPA Members against any and all suits,claims,judgments,and costs instituted or recovered against it by any person whosoever on account of the use or sale of such articles by NJPA or NJPA Members in violation or right under such patent or copyright. D.ASSIGNMENT OF CONTRACT 9.11 No right or interest in this Contract shall be assigned or transferred by the Vendor without prior ;Ttten permission by the NJPA. No delegation of any duty of the Vendor shall be made without or written permission of the NJPA.The NJPA shall notify the members within fifteen(15)days of receipt of written notice by the Vendor. After issuance the awarded Contract may be reassigned to a comparable and acceptable Vendor at the discretion of NJPA. 9.12 If the original Vendor sells or transfers all asses or the entire portion of the assets used to perform this Contract,a successor in interest must guarantee to perform all obligations under this Contract. NJPA reserves the right to reject the acquiring person or entity as a Vendor. A simple change of name agreement will not change the contractual obligations of the Vendor. E.LIST OF PROPOSERS 9.13 NJPA will not maintain or communicate to a list of proposers. All interested proposers must respond to the solicitation as a result of NJPA solicitation advertisements indicated. Because of the wide scope of the potential Members and qualified national Vendors,NJPA has determined this to be the best method of fidfly soliciting proposals. F.CAPTIONS,HEADINGS,AND ILLUSTRATIONS 2.14 The captions, illustrations, headings, and subheadings in this solicitation are for convenience and ease of understanding and in no way define or limit the scope or intent of this request. G.DATA PRACTICES 9.15 All materials submitted in response to this RFP will become property of the NJPA and will become pub i record in accordance with Minnesota Statutes,section 13.591,after the evaluation process is completed.If the Responder submits information in response to this RFP that it believes to be nonpublic information,as defined by the Minnesota Government Data Practices Act,Minnesota Statute§ 13.37,the Responder must: ■ make the request within thirty days of award/non-award,and include the appropriate statutory justification. The NJPA Legal Department shall review the statement to determine whether the 34 Page 1024 of 1256 infbrmation shall be withheld.If the NJPA determines to disclose the information,the Contracts department of the NJPA shall,inform the Proposer,in writing,of such determination ■ defend any action seeking release of the materials it believes to be nonpublic` ' and indemnify and hold harmless the NJPA,its agents and employees,from any judgments or damages awarded against the NJPA in favor of the party requesting the materials,and any and aU costs connected with that defense. This indemnification survives the NJPA's award of a contract.In submitting a response to this RFP,the Responder agrees that this indemnification survives as to as the confidential information am in possession of the NJPA.Proposer can redact additional nonpublic information at any time after the evaluation process if appropriate legal justification is provided. H.ENTIRE AGREEMENT L.16 Ile Contract,as defined herein, shall constitute the entire understanding between the parties to that Contract. =A Conftct resulting firom this RFP is formed when the NJPA Board of Directors approves and signs the applicable Contract Award Form document(see Form E). I.FORCE MAJEURE 9.19 Except for payments of sums due, neither party shall be liable to the other nor deemed in default under this Contract if and to the extent that such party's performance of this Contract is prevented due to .force majeure. The term "force majeure" means an occurrence that is beyond the control of the party affected and occurs without its fault or negligence including, but not limited to, the following: acts of God, acts of the public enemy,war,riots,strikes,mobilization,labor disputes, civil disorders,fim,flood, snow, earthquakes, tornadoes or violent wind, tsunamis, wind shears, squalls, Chinooks, blizzards, hail storms, volcanic eruptions, meteor strikes, famine, sink holes, avalanches, lockouts, injunctions- intervention-acts, terrorist events or failures or refusals to art by government authority and/or other lar occurrences where such party is unable to prevent by exercising reasonable diligence. The force majeure shall be deemed to commence when the party declaring force majeure notifies the other party of the existence of the force majeure and shall be deemed to continue as long as the results or effects of the force majeure prevent the party f1rom resuming performance in accordance with a Contract resulting ftom. this RFP. Fmve majeure shall not include late deliveries of equipmentlIrroducts and services caused by congestion at a manufacturer's plant or elsewhere, an oversold condition of the market, inefficiencies,or other similar occurrences. If either party is delayed at any time by force majeure,then the delayed party shall notify the other party of such delay within forty-eight( )hours. J.GRATUITIES 9.19 NJPA may cancel an awarded Contract by written notice if it is found that gratuities,in the form of entertainment, gifts or otherwise, were offered or given by the Vendor or any agent or representative of the Vendor,to any employee of the NJPA are deemed to be excessive with a view or demonstrated intent toward securing a contract or with respect to the performance of a pending or awarded Contract. K.HAZARDOUS SUBSTANCES 2.2ft Proper and applicable Material Safety Data Sheets(MSDS)that are in full compliance with OSHA's Hazard Communication Standard must be provided by the Vendor to NJPA or NJPA Member at the time of purchase. 35 Page 1025 of 1256 L.LEGAL REMEDIES 911 All claims and controversies between NJPA and Vendor shall be subject to the laws of the State of Minnesota and are to be resolved in Todd County, Minnesota, the county in which NJPA is located and domiciled. M.LICENSES 9J2Proposer shall maintain a current status on all required federab state, and local licenses,bonds and permits required for the operation of the business that is anticipated to be conducted with NJPA and NJPA members by the Propow 9.23 All responding Proposers must be licensed (where required) and have the authority to sell and distribute offered equipment/products and related services to NJPA and NJPA Members nationally. Documentation of required said licenses and authorities, if applicable, is requested to be included in the proposer's response. N.MATERIAL SUPPLIERS AND SUB-CONTRACTORS 9.24 The awarded Vendor shall be required to supply the names and addresses of sourcing suppliers and sub-contractors as a part of the purchase order when requested by NJPA or the NJPA member. 9.25 Awarded Vendors under this RFP will be the les of responsibility for transactions originating that award. The Awarded Vendor is solely responsible for equipment/products and related services and products/equipincirt and related services provided by third-party sourcing or service providers. 0.NON-WAIVER OF RIGHTS 2,2k No failure of either party to exercise any power given to it hereunder, nor to insistence upon strict compliance by the other party with its obligations hereunder, and no custom or practice of the parties at variance with the terms hereof,nor any payment under a Contract resulting fi-om this RFP shall constitute a waiver of either party's right to demand exact compliance with the terms hereof Failure by NIPA to take action or assert any right hereunder shall not be deemed as waiver of such right. P.PROTESTS OF AWARDS MADE 9.27 Protests shall be filed with the NJPA's Executive Director and shall be resolved in accordance with appropriate Minnesota state statutes. Protests will only be accepted from Proposers.A protest must be in writing and filed with NJPA. A protest of an award or proposed award must be filed within ten(10)days after the public notice or simouncement of the award. No protest shall lie for a claim that the selected Proposer is not a responsible Proposer. A protest must include: I. The name,address and telephone number of the protester; 2. The ornal signature of the protester ori representative Cyou must document the authority of the Representative); 3. Identification of the solicitation by RFP number; 4. Identification of the statute or procedure that is alleged to have been violated; S. A precise statement of the relevant facts; 6. Identification of the issues to be resolved; 7. The aggrieved party's argument and supporting documentation; 8. The aggrieved party's statement of potential financial damages; 9. A protest bond in the name of NJPA and in the amount of 10%of the aggrieved party's statement of potential financial damages. 36 Page 1026 of 1256 Q.PROVISIONS REQUIRED BY LAW Proposer agrees in the performance of a Contract resulting from this R.FP, it has complied with or will comply with all applicable statutes, laws, regulations, and orders of the United States and any State thereof. R.RIGHT TO ASSURANCE 9.29 Whenever one party to the awarded Contract has reason to question the other paAy's intent to perform, he/she may demand a written assumnoc of this intent. In the event a demand is made and no written assurance is given,the demanding party may treat this failure as an anticipatory repudiation of the Contract provided, however, in order to be effective, any such demand shall be addressed to the authorized signer for the party from whom the assurance is being sought,and sent via U.S.Postal Service, certified mail,return receipt requested or national overnight delivery service with proof of delivery. S. SUSPENSION OR DISBARMENT STATUS 9.30 If within the past five (5) years, any firm, business, person or Proposer responding to NJPA solicitation and submitting a proposal has been lawfully terminated, suspended or precluded fi-orn participating in any public procurement activity with a federal, state or local government or education agency the Proposer must include a letter with its response setting forth the name and address of the public procurenient unit,the eff6ctive date of the suspension or debarment,the duration of the suspension or debarment and the relevant circumstances relating to the suspension or debarment. Any failure to suppI y such a letter or to disclose pertinent information may result in the cancellation of any Contract. By signing the proposal affidavit,the Proposer certifies that no current suspension or debarment exists. T.AFFIRMATIVE ACTION AND IMMIGRATION STATUS CERTIFICATION 9.32 An Affirmative Action Plan,Certificate of Affirmative Action oro documentation regarding Affirmative Action may be required by certain Members may be required by NJPA or NJPA Members relating to a tivisaction relating to this RFP. Vendors shall comply with any such requirements or requests. 9.33 Immigration Status Certification may be required by NJPA or NJPA Members relating to a transaction relating to this RFP.Vendors shall comply with any such requirements or requests. U. SEVERABILITY W4 In the event that my of the terms of a Contract resulting from this RFP are in conflict with any rule, law, statutory provision or are otherwise unenforceable under the laws or regulations of any government or subdivision thereof,such terms shall be deemed stricken from an awarded Contract resulting from this RFP, but such invalidity or unenforceability shall not invalidate any of the other terms of an awarded Contract resulting Brom this RFP. V RELATIONSIEP OF PARTIES =No Contract resulting from this RFP shall be considered a contract of employment.The relatiiniship between NJPA and an Awarded Contractor is one of independent contractors each free to exercise judgment and discretion with regard to the conduct of their respective businesses. The parties do not intend the proposed Contract to create, or is to be construed as creating a partnership, joint venture, master-servant, principal—agent, or any other relationship. Except as provided elsewhere in this RFP, neither party may be hold liable for acts of omission or commission of the other party and neither party is authorized or has the power to obligate the other party by contrac4 agreement,warranty,representation or otherwise in any manner whatsoever except as may be expressly provided herein. 37 Page 1027 of 1256 10. FORMS [THE REST OF THIS PAGE WAS LEFT INTENTIONALLY BLANK. FORMS BEGIN ON NEXT PAGE] Form e Business (Products, icin ,Sector Specific, Services, Terms and Warranty are addressed on Form P) ProposerName: __.......... ......... ___ Questionnaire completed y®,.... Pleaseidentify e person NJPAo o cess: E-Mail s: Please provide an answer to all questions below1 requests made ' 1 e the Microsoft Word/Excel document version is questionnaire to respond to the questions contained , Please provide your answer to each question indented belowtion. Please supplyapplicable uinformation and documentation you feel appropriatein addition to answers entered to the Word document. l information must be , organized,and easily understood by evaluators. Comljan% Information 1) Why did you respond to this } What are your company's expectations ie event o ? 3} Provide the full legal name,address,tax identifications and telephone number for your business. Demonstrate ciI strength and stability. 5) Are you now,or have you ever been the subject of a bankruptcy action?Please explain. brief6) Provide a 'st of your company that includes your o y' values and businessphilosophy. 7) How long has yourcompany been in the "SEWER VACUUM, HYDRO-EXCAVATION, AND/OR STREET SWEEPER EQUIPMENT WITH RELATED ACCESSOREES AND ",industry?. } Is your organizationt described as a manufactureror a distributor/dealer/re-sellerc of the products/equipment and relatedservices proposed? a) If the Proposer is best described as a re-seller,manufacturer aggregate, or distnbutor, les vie evidence of your tion as a dealer/re-sellerhnanufacturerfor the manufacturer of the products/equipment and related services you are proposing. } If the Proposer is best described as a manufacturer,please s relationship sales/service and/ora delivering ct i t and relatedices proposed. c} Are these individuals your employees, the employees of a third party? If applicable,i independent or companyo ? Please provide your bond rating, t reference from your bank. ] ) Provide a detailed1 tl` licenses certifications o to be held, y held by your organization in pursuit of the commerce and business contemplated by this RFP. 11 a a detailedlicenses certifications o to be held,and actuallyheld,by third sub-contractorsparties and to your organizationt of the commerce contemplated i not applicable,please respond withof Applicable." 1 } Provide all" sio r Disbarment"information as defined and required . 13} In addition to the$1.5 millionLiability conjunction with urnbrell insurance at level of automobileor compensation or ?If none,please explain. 1 )Within the RFP category there is potential to be several different sub-categories of solutions.What sub category title/s 38 Page 1028 of 1256 would t describe yourproducts,services and supplies? 1 ) List and documentawards and recognition. 1 1references/testimonialslike status to NJPA Members toinclude t and agencies.Education 1ease include the customer's name, con t,and phonenumber. 1 s and addresses of the top five(5)government or education agency customers to include the scope o projects,size of transaction,and dollarvolumes st dnw(3)fiscal years. 1 }What percentages of your t(within the past three( )fiscal years)national sales are to the government verticals?education Indicate government and educationverticals lly Proposer's abWq to I and service 1 Please describe your company sales force in termsofa is dispersion, and the proportion of their attention focused on l ? }Please describeis 1 o "individuals s force within your dealer network in terms of numbers, geographic dispersion, and the proportion of their attention a sales distribution delivery of your ui t/ is and relatedlate s ? 1} Please describe your dedicatedcompany service force or dedicated network in terms of numbers, geogmphic dispersion, attention focused on the salef the equipment/equipment/products and related cont ? }Please describe your dedicateds a or network in terms of numbers geographic dispersion, and the proportionof their attention focused on the sale of the equipment/products and related services equipment/productscontemplated i RFP? Additionally,please describe any applicable road services t e ' location? Describe23) `l your customer service program regardingcess and procedure. Please cl , where appropriate,response time capabilities and commitmentsf this RFP responsecontract.' }Identify any geographic areas or NJPA market segments of the United States you will NOT be fullythrough proposedthe contract. 5) Identify any of NJPA Member segments or defined NJPA verticalsyou willNOT be offeringpromoting awarded con to?(Governatent,Education, fit) }Define any specific requirements or restrictions as it applies to our members located off shores such as Hawaii and Alaska and the US Islands.Address your off shore shippingc' i t. }Describe yourcontract salesi to your sales management,dealer n or direct relating to a NIPA awarded contrt. }Describe howyou would market/promote an NJPA Contract nationally to ensure success. }Describe your marketing material,and overall marketing ability,relating to promoting this type of partnership and contract opportunity. Pleasefew representative samplesf your t in electronic format. 3 ) Describe your use of technology internet to provide marketing and ensure national contract awareness. 1) Describe your perceptiono le in marketing the contract and your contracted products/equipment and related services. }Describe in detail any unique marketing techniqueso s a part of your o f that would separate you other companies in your industry. 33)Describe your com ' Senior Management level commitment to embracement,promoting,supporting managingand 1 t NJPA awarded Contract 3 }Do you t applicable to t ordering process? . a} If yes, describe examplesyt electronic marketplace solutions that your products/equipment 1 1e through. Demonstrate the success of government and educations customers throughordering . Please you will communicate your cin to your sales fma nationally'7 39 Page 1029 of 1256 QIhIr!Q222erative Pro ent ConjMSU Held 36) Identify all cooperative contracts hosted by any government or education agency or government or education cooperative or by a third party marketing company,which are marketed in more than one state,held or utilized by the Proposer. 37) What is the annual dollar sales volume generated through each of the contract(s) identified in your answer to the previous question. 38) Identify awarded WSCA or specific state procurement contracts held or utilized by the Proposer with any State of the United States. 39) What is the annual combined dollar sales volume for each of these contracts? 40) Identify any GSA Contracts held or utilized by the Proposer. 41) If you are awarded the NJPA contract, are there any market segments or verticals (e.g.,higher education, K-12 local governments, non-profits ate.) or geographical markets where the NJPA contract will not be your primary contract purchasing vehicle? If so, please identify those markets and which cooperative purchasing agreement will be your primary vehicle. 42) If you are awarded the NJPA contract, is it your intention and commitment to lead with your NJPA contract? -7 yes No Explain and demonstrate your commitment and/or restrictions. 43)TdZ-ntify a proposed administrative fee payable to NJPA for facilitation, management and promotion of the NJPA contract,should you be awarded. This fee is typically calculated as a percentage of Contract sales and not a line it addition to the customers cost of goods. Value Added Attributes If applicable, describe any product/equipment training programs available as options for NJPA members. If applicable,do you offer equipment operator training as well as maintenance training?—Yes No 45) Is this training standard as a part of a purchase or optional? 46)Describe current technological advances your proposed apment/products and related services offer. 47) Describe your"Green"program as it relates to your company,your products/equipment,and your recycling program, including a list of all green products accompanied by the certifying agency for each(if applicable). 48)Describe any Women or Nfinority Business Entity (WM13E) or Small Business Entity (SBE) accreditations and the general minority and small business program of your organization as it relates to a Contract resulting fi-orn this RFP. 49) Identify any other unique or custom value added attributes of your company or your products/equipment or related services. 50) Other than what you have already demonstrated or described,what separates your company,your products/equipment and related services from your competition?What makes your proposed solutions unique in your industry as it applies to NJPA members? 5 1)Identify and describe any service contract options included in the proposal, or offered as a proposed option, fbr the products/equipment being offered. 52)Identify your ability and willingness too an awarded contract to qualifying member agencies in Canada specifically and internationally in general. 53)Describe any unique distribution and/or delivery methods or options offered in your proposal. (Products,Pricing,Sector Specific,Services,Terms and Warranty are addressed on Form P) Signature: ...........................— --Date: 40 Page 1030 of 1256 Form B PROPOSER INFORMATION CompanyNarne: City/State/Zip: Phone- Fax: Toll Free Number-. E-mail: Web site: Voids ist between management(those who respond to s (those contact NJPA resultMembers)that is to this fact provide the names of yourphone numbers,and is territories fbr whichresponsible COMPANY (' CONTACTS Authorized Signer o vour org Email: By executing Form F,the"Proposer's Assuranceo li ,"you are certifying thi n identified authorization to sip Title: Email: Your ary a Name: Title: Email: e• _Other important for : Title- 'l: Phone: Title: Email: 1 Page 1031 of 1256 Form C EXCEPTIO a W FKQP128AL,TERMS.CONDITIQNJ CompanyName: , AND SOLUTIQNJ REgVEST Note: Odg&al must be siped and inserted in the inside ftont cover pouch. Any exceptions to the Terms,Conditions,Specifications,or Proposal Forms contained herein shall be not in writing and included with the proposal submittal. Proposer admoedges that the exceptions listed may or may not be accepted by NJPA and may or may not be included in the final contract. NJPA may clarify exceptions listed here and document the results of those clarifications in the appropriate section below. ................ SectLio� Term, Condition, or Specification cu pc -------........................ ..... ----------- ............ ......... ........ .......... ----------- ------- ........... Proposer's --------- .................................... ...... .......... ----------- .................——------------ NJPA's cbrifleation on excetttion/s listed above: ................... ... ................ Contract Award RFP#022014 42 Page 1032 of 1256 FORMD Formal fflgring of Pro2osal (To be completed y by Proposer) SEWER VA(�V HYDRO-EXCAVATION.AND/OR STREET SMTEPERIQUPMENT wn-11 I.-ATED ACCESSORIES AND SUP In compliance with the Request for proposal (RFP) for "SEWER VACUUM, IAND/OR STREET SWEEPER EQUIPMENT WITH RELATED ACCESSORIES AND SUPPLIES",the undersigned I/we havei li 1 of the ' ,terms and conditions, general specifications, expectations, technical specifications, savice expectations and any special s, do hereby propose, fullycommit agree to ftmsh the defined is and related services1 compliance with a terms, conditions of this RFP, any applicable i 1 °s Response documentation. Proposer flirther understands they accept the fall responsibility as the sole source of responsibilityof the proposed response herein and that the performance of any sub-contractm-semployed in fulfillment of this proposal is the sole responsibility o e Proposer. Company e1 . ............. ._ . ......._ t • _........ ........... ...--- ............................. _ _.._..._.. Company Address: State: __ Zip: Contact n: Title: Authorized i (ink only): ..___ __m..._ ._._. _._._«...._._......_._.... _.............. .. _ _. __. (Name printed r ) 3 Page 1033 of 1256 Form E l Contract Acceptance and Award (To be c ) NJPA is 111 a e Your proposal is hereby accepted and awarded. As an awarded Proposer, you are nowdefined product/equipment contained in your1 offering according to,all terms,conditions,and pricing set forth in this s any amendments to this ,your Respanse,and any exceptions accepted or rejected by NJPA on Form C. The effective start of the Contract will continue for four boardfivin the ate. This contract has the considerationof a fifth year renewal option at the discretion of NjPA. National oft Powers Alliance4b ( ) signature:NJPA Authorized NJPA Executive t ) Awarded this y o . 2NJPA Contract Number 022014 signature:NJPA Authorized NJPA Board Member (Name printed or typed) Executed i of 201,111, 1 1 1 NJPA Contract Number#022014 contractProposer hereby accepts award including 1 accepted exceptions and NJPA c1mifications identified on FORM C. signature:Vendor Name Vendor Authorized to ) Title: Executed i o ....._.. .. 20__-- NJPA Contract Number #022014 44 Page 1034 of 1256 Form Fm+� PROPOSER ASS URANCE OF COMPLIANCE Proposal Affidavit Signature PROPOSER'S AFFIDAVIT The undersigned, representing e persons, firms and corporations joining in the submission of the foregoing proposal(such persons,firm and corporations hereinafter being referred to as the"Proposer"),being duly sworn on his/her ,states to the best obelief o . 1. Ile undersigned ` is subirritting their proposal 'r true and correct , the Proposer een properly originated and legally iss in its state of residence, Proposer o , or will possess prior to the delivery of any product/equipment and relatedservices, all applicable licenses necessary linationally, and that they are authorized to act on behalf o ,and encumber "Proposer"in this Contract,and 2. To the est of my knowledge,no Proposer or PotentialProposer,nor any person duly representing the same,has directlyy entered mto any agreement or arrangement with any other Proposers,Potential Proposers, employeeany official or e NJPA, or any person, firin or corporation under contract with the NJPA in an effort to influence either the offering or non- of certain prices,terms,and conditions relating to this does,which tends to,or lessen or destroy free competition in the letting of the Contractt for by this , and 3. The Proposer or any person o of agreed,connived or colluded to produce a deceptive of competition or award of the referenced contract,and 4. Neither I, the Proposer, nor, any officer, director,partner, member or associateof the Proposer, nor any of its employeesvols obtainingsubdivision convictedof false pretenses, attempted fdw pretenses or conspiracy to commit fidse pretenses, bribery, attempted bribery or conspiracy to bribe under the laws of any state or federal government for acts or omissions after January 1, 1985,and 5. The Proposerto terms, conditions, s e, contract opportunity, s i request and other is of this solicitationt any and all exceptions have been noted in writing have been included s submittal,and 6. If awarded 9 contract, the Proposer1 provide the equipment/productss o qualifyinga NJPA in accordance with the terms,conditions,scope of this RFP,Proposer specifications is of this solicitation,and undersigned,7. The iar with and understand the expectations requestedoutlined in this RFP under consideration, hereby proposes to deliver through valid , Purchase Orders or otheracceptable s procurementordering and s otherwise indicated, to on a valid purchase order per this , only new,unused and first qualityequipment/ 1services are to transactedbe 1 ` to an awarded contract,and 8. The Proposer has carefully checked the accuracy of all proposed products/equipmentl 'ces and listed total price per unit of p=hasc in this proposalo include liv considerations. In addition, the Proposer accepts1 general terms and conditions of this RFP, including l responsibilities o commitment ine proposed,and submitting this proposal,it is understood that the right is reserved by the NJPA to reject any or all proposals 45 Page 1035 of 1256 and it is agreed by all parties that this proposal may not be withdrawn during a period of 90 days from the date proposals were opened regarding this RFP,and 10. The Proposer certifies that in performing this Contract they will comply with all applicable provisions of the federal,state,and to laws,regulations,rules,and orders,and 11. The Proposer understands that submitted proposals which are marked"confidential"in their entirety,or those in which a significant portion of the submitted proposal is marked"nonpublic"will not be accepted by NJPA. Pursuant to Minnesota Statute §325C.0 1,subd.5 and§13.03,subd. 1,only specific parts of the proposal may be labeled a"trade swret". All proposals are nonpublic until the contract is awarded;at which time,both successful and unsuccessful vendors'proposals become public information. 12. The Proposer understands and agrees that NJPA will not be responsible for any information contained within the proposal. Should Vendors not comply with the labeling and packing requirements,proposals will be released as submitted. 13. By signing below,the Proposer understands it is his or her responsibility as the Vendor to act in protection of labeled information and agree to defend and indemnify NJPA for honoring such designation. Proposer duly realizes failure to so act will constitute a complete waiver and all submitted information will become public information;additionally failure to label any information that is released by NJPA shall constitute a complete waiver of any and all claims for damages caused by the release of the information. [The rest of this page has been left intentionally blank. Signature page below] 46 Page 1036 of 1256 By signing to is acimowledgingto comply with the terms and conditions specifiedabove. Company Name: Contact Person for Questions: e individual who is responsible ` i this o s s Address: City/State/Zip: Telephone Number• : E-mail : Authorized Signature: Author® (typed): Title: Date: Notarized Subscribed to before me this ......... dayof..._..... Notary Public in and for the County of_.._ ..._. ..._..........___ My commission Signature: 7 Page 1037 of 1256 Form G. 0 OVERALL EVALUATION AND CRITERIA For the Proposed Subject "SEWI1 VACL,',L!',VI.,. HYDRO-EXCAVATION, ANWOR STREET SVMEPER �ILATE�A C�ESSQ�RIES AM KMPLIES" Conformance to terms and con dition's'to include documentation=-- 50--.— Pricing 400 I Financial, Industry and Marketplace Successes i 75 Bidder's Ability to Sell andService Contract Nationally_ 100 cider's Marketing Value Added Attributes 75 1'WarF5'nfyC5Ve'F5Eii F77171–n-1---o-R-a t-i--o-n-. Fs—election and variety of Products and Services Offered L Tot @(–Po�inii 1000 0 Reviewed by: ....................- --- Its 48 Page 1038 of 1256 gar QUESTIONNAIREPROPOSER Products/Equipment,Pricing,Sector Specific,Services,Terms and Warranty Proposer Questionnaire completed y: _ __....._.._.... _ _. t %me t Terms and FinancingOptions 1) Identify s if applicable. t 30, c.) 2) Identify any applicable l or other financingas defined herein. Briefly describe your proposed order processfor this proposal and contract award. (Note: order process may be modified Lned during an NJPA member's final Contract phase cess). Pleasea. ci if youwill be including your dealere is proposal.If so,please specifyo involved 'll be. ( or example,will he Dealer accept the .? ,and howe to verify the specific dealer is part of your network? you accept the P-cardprocess? } Describe, in detail, your Manufacture Wannanty Program includingconditions is to qualify, claims overallprocedure,and structure. } Do all warranties cover 1 products/equipment parts and labor? ) Do warranties imposelimit ? } Do warranties cover the expense of technicians travel ' e and mileaget ? } Please list any other limitations circumstances that would not be covered your }Please list any geographic regions of the United States for which you cannot provide a certified technician perform warranty repairs. How will NJPA Members in these regions be provided am-vice ', �, 11) Provide a general narrative description of the equipment1products and relatedservices you are oftring in your proposal. 1 ) Provide a general narrative description of your pricingl identifying how the mo f works Oine iand/or published catalog s t). 1 ) Please quantifye discount range presenteds response pricingdiscount from MSRP/published list. 1 ) Provide an overall proposed statement f method of pricingindividual line items, percentage discount published productlequipment c category pricingt with regard to all equipment/products lated services and being proposed. c item being proposed. 15) Propose a strategy,process, and specific method of facilitating"Sourcedc i 1 Services" ( ,` e "it n- ions"). 1 ) Provide your NIPA customer volume rebateprograms,as applicable. 1 ) Identify any TotalCost of Acquisition( )cost(s)which is incl "Pricing"s iwith your proposal .Identify to whom these charges are payabler relationship to Proposer. 1 ) If fireight, delivery or shipping is an additional cost to the NJPAc e in detail the complete deliveryand o . 49 Page 1039 of 1256 19)As an important part of the evaluation of your offer,you must indicate the level of pricing you are offering. Prices offered in this proposal are (Your proposal will be demed "Non-Responsift" ff this question is not singwered): . .......... a. Pricing is the some as typically offered to an individual municipality, Higher ed or school district. Pricing is the same as typically offered to GPOs,cooperative procurement organizations or state purchasmg departments. c. Better than typically offered to GPOs, cooperative procurement organizations or state purchasing departments. 20) Do you offer quantity or volume discounts? YES NO Outline guidelines and program. 21) Describe in detail your proposed exchange and return program(s)and policy(s). 22) Specifically identify those shipping and delivery and exchange and returns programs as they relate to Alaska and Hawaii and any related off shore delivery of contracted products/equipment and related services 23)Please describe any self-audit process/program you plan to employ to vm*compliance with your anticipated contract with NJPA.Please be as specific as possible. Indmija gr lictgr kRwjflc Questions 24)NA Signature: 50 Page 1040 of 1256 11. PRE-SUBMISSION CHECKLIST D Have you mad,and do you understand the intent this RFP? D Have you attended the Pre-Proposal Confbrence for this RFP? D Have you completed the questionnaires(Forms A&P)to the best of your ability? 13 Have you submitted pricing for all of the product/e and related services you are proposing within the scope of this RFP? 0 Have you packaged your Proposal submission identifying conspicuously"Competitive Proposal Enclosed,Please hold for public opening XX-XX-XXX"? L3 Have you sent your package in sufficient time for physical delivery at 202 12th ST NE Staples,MN 56479 to occur prior to the deadline for delivery? D Have you submitted hard copy original signed,completed,and dated forms C,D,E,and hard copy signed signature page only from forms A and P of this REP? U Have you submitted verification of liability insurance with the coverage and limits required in the RFP? D If any addendurals to RFP were issued,have you submitted a signed copy of such addendum/s? D Have you provided an electronic copy(saved on a CD or flash drive)of your entire proposal including, but not limited to,Form A,B,C,D,E,F,&P in your proposal? Contents of i our Proposal response: U Hard copy original signed,completed,and dated forms C,D,F,and hard copy signed signature page only from forms A and P. 13 Electronic submission of proposal forms A,B,C,D,E,&P(CD or flash drive). D Certificate of Insurance(demonstration of insurability) FMM ILMES Form A Proposer Questionnaire—General Business Information Form B Proposer Information Form C Exceptions to Proposal,Terms,Conditions,and Solutions Request Form D Formal Offering of Proposal Form E Contract Acceptance and Award Form F Proposer Assurance of Compliance Form G Overall Evaluation and Criteria Form P Proposer Questionnaire—Products/equipment,Pricing,Sector Specific, Services,Terms and Warranty 51 Page 1041 of 1256 *1* NJPA VENDOR PRICE AND PRODUCT CHANGE REQUEST FORM Section 1. Instructions For Vendor Pursuant to section 4 of the NJPA RFP,re uests for equipment/products or service changes,additions or deletionswill be allowed at any time duuu out the awardN contract term. All requests must be made in y completing sections 3 and 4 of the 03 PA Pricesignature of an authorized Vendor emyloyee in s 1 c s ®j t ct li ,si acceptance® t 1edg!l by the NJPA Contract Council. Submit request via email to your Contract Manager AM:PandP@njpacoop.org. NJPA's due ili ee in in or c i f a is: 1 e scope fof a 'n ` est In o i e form will be returnedto vendor contact1. Vendor st c l t o list c items or s j to change, rvide ci '1 0cumentation for the change,and include a compete restatement of pricing ocumen} t' to t(preferably cel . ' must i 1 i cts and services t to followingconvention: ' r 1)(effective `c' );forexample, 1 - U -1 - 1 . pricing restatementNOTE. New must includeall t/products and services offered regardless their prices have changed and ` clue a new"e c e e"on the pricing documents. i requirement coriffision by providing a single,current pricing sheet for each vendor and creates a historicalc' ADDITIONS. New is and relatedservices e o a contract if such additions are within the scope of the RFP. DELETIONS. Now equipment/products and rei s maye deleted from a contract if an item or serviceis no longer available and thus nof relevant to the contract;for example,discontinued,improved,etc. PRICE t prices.ch t t j to for the or 1., 6 ' Lie i to % ' petroleum,or 1' of SKUs/ product descriptions is i %due to X%increase in cost of raw materials. Pfice decreases: s very best prices and anticipates price reductions advancementto of technologies and market place . Price increases: Typical acceptable increase requests include to Vendor input costs such as petroleum or o li lei ' s ' c o utility f al equipment/productr . cl le documentationcl ' s `t nestalong l j ti ' c is i is or c t includede t 1 t 1a attached to this Refer to sectionof the RFP for complete"Pricing!'details. Section e and Type of Change Request APPLY: CHECK ALL CHANGES THAT AWARDED VENDOR El Adding Products/Services Deleting/Discontinuing Products/services Pricec 52 Page 1042 of 1256 NJPA VENDOR PRICE AND DUCT CHANGE UEST FORM ..___...............................�.�..._..__.......�...._ _ __------. NIPA CONTRACT El Price Decrease Section 3. Detailed Explanation of Need for Changes List equipment1products and/or services that are changing,being added or deletedcontract c list along changewith the percentage for each item or category. (Attach a separate, le t if more than 10 items.) Provideo '0 explaining s for . I-Allpaper equipment1producis and services increased 5o in pricea to transportationl c (see attached a ent do ri increase). 2-e 6400 seriesfloorpolisher is added to theproduct list as a new model replacing the 5400 series. a 6400 series ° increase reflects technological improvements improve the rate ofefflclencyl life. The 5400 series is now included in of it"at a 20%discountfirom previousdiscount until re a' i m! i toe i is liquidated, If addiR ,, oduct/a p .-wide a�.cueral statement how these are in the scams°. i If changing pricesproducts,provide a general statementcin is consistent 't ct "pricing. 3 Page 1043 of 1256 i NJPA VENDOR PRICE AND PRODUCT CHANGE REQUEST FORM 1 Section e Restatement of Pricing Submitted f the pricingc 1 new and existingi t! s and set-vices is attached and/or has been ernailed to PandP@njpacoop.org No Section 5.Signatures ........__.._ ....... _.... ...._... _....._. Vendor Authorized Signature a Print Name anitl of i _............ _......_.-- ............... ....... NJPA Executive Director i a 54 Page 1044 of 1256 ''** 4 41 ADDENDUM ONE( ) - - To that certain NJ PA RFP 2 " Issued by National Joint Powers AllianceO For the procurement of S VTION,AND/OR STREETEQUIPMENT WITH RELATED ACCESSORIES AND SUPPLIES Consider the following to be part of the above title : Questions submitted Potential Responders at the Pre-Proposal Conference n February 6,2014 listed In black fbnt and NJPA Answerslisted In blue: Q, What percentage of r client lic works departments versus school systems. A: Approximately NJPA's membership is in Government and about f membership Is in Education. Q; How many contracts o you expect to award In this category? Per section 1.13 of theNJPA's Intent is to award a contract to a single xclusiv vendor u reserves the right to award uli le Proposers where the result f the responding Proposers justifies a multiple awardand multiplecontracts are deemed to be in the bestinterests of the NJPAr agencies. la rify the norma l pu rce order a nd pay ment flow fora manufa r that utilizes distributors. manufacturer accepts order from istributor,and manufacturer pays admin fee to NJPA quarterly? When a vendor is awarded an NJPA contract all authorized distributors/dealers are I o sell through e contract.The PO wouldaccepted at the distributor/dealer level and the administrator/manufacturer would be responsible to submit cumulative saI s report to NJPAn a quarterlybasis with admin fee payment. How n here in your point scale ill you recognize a successful previous NJPAvendor? Form u si naddress this and could be reflected in a number of different criteria including ut not limited :Industry ar et lace Success and Ability to Sell and Serviceati n i ACKNOWLEDGMENTF AEU E(1)TO RFPDISTRIBUTED VIA EMAIL ON FEBRUARY 6,2014 COMPANY : SIGNATURE: DATE: Page 1045 of 1256 •® NamesCompany Ekwirosight. Note-Dd&nal mBg ha 11SUgd ! in dis Imilds front cover pouch. Amy exceptiom to dw Torms,Condition% i l Fonns contained Mrsin shall be noted In wrift and Included with !lubmMal. Prqmr acknowledges that the excoptions listed by WJPA oW my or may not be inkidedIn ] clarify exacglons lided here and dodwount the mults of thou clarificationsIn dw appraqw1ele aection below. _._.. _ 3 _.. oqL T „Condition,or 1jeoftation )d i w �. , ®, f ,r Propows ISig"fet e _ E Date.-- Page nto: Page 1046 of 1256 • Rom ) AM Iffi.311 o r ss ® r AMOR tr1 the undersigned beingili Ins , l al UnIM, do hereby prop=6 fal�y agree to RFP. furnisha i l s i ll i a of this RFP, and all ra Response doovimentidon. Proposer further undmauids ll reRmssibilfty as the sale warce of respousiblilly of the pWwW respowe bmilia partrmanoe of any sub-mawwre employed by the Proposer In faffillmem of this proposW Is the soleIli the Proposer. 0 B V 3 i J ConbW Person: DmW Uft Title: w a ( y). r r ... a In R 43 Page 1047 of 1256 hats ORA Coldrad Acceptance and Avmrd a Lv comphlodonly by RMA) ® IM L-idt led. K'� li a1 uut •�' ° Vow PFOPMI1s hGvft uNrAcd 04 AWRMK AN on GWIRFM PMPNW,yto Oro mw bomWprovide li pradvalAmIulpmum and nmdm evoWpW in your propond OnbdnjI I Ignm candidomand t rmb In dilm P,InY mendmenla tats RFP,yow Ruporm,and uny exapdonsI or r4emcd 4,NXIAon Falm C. 7'I offevilve Wrt dais of Ow CAMmd Allbe _ ty t o % . 1 er the ®ns I `a r i j .° n` ational Joint Powers AUla c ( JP JPA Aulborlmod aWours- � .a !1 (Nuum;Primed or Awarded two oP r$C J1®A Contract boo-Lum. JPA Aulhorlmd skmolum Jh Member ( a rt l ) Kt _,th of .�D JPh COR11461 Number LGRU-90 r rdtwy a s t l 1 nil�p •E, :p 'no and NJPA chrincatimm Wealinal m,FORM Q Vender Noffiv Vender Antl uie" .mn, �ry Tilk: ( nt typed) ,x tad IMP . _d nr.. " t 7/ __ ,m3D _ r.. JPA Camirad Number 44 Page 1048 of 1256 r ProduchiSquipment,Prialugo Sector Specific,Service% and Warranty ProposorNames Envirosight Queollounalre compmed byl Tammy Smith Ind 0=2111 1) Identify your payment term it 1 1 ) BovirosighVe standard paymmt Terms are Not 30 ) Identify any applicable leasingr other fhaftneing qWom as defludn. liff0rosigirt does not offer any lessing or finanoing,if tile financing tib the loan an their ovni, Most Sales [owl regional]owing i that day can waft mwbors to fbr leasing . 3) Briefly describe yourr this proposal and amtract mrard. (Netei order process may be modified or refined during an N&A membeeB t phase propeon). a. Plan spocl11yaul 1your In ahk proposal.If so,phisse specify how invelvd4l they will 1 be Dealer , specific dealer Is part of your notwork? orderSee attsohad {* 4) Do you accept the P-card pronrementprocess? No currently d6not ampt the Hit Describe, idp ,your ManufrAureIncluding coadidons and requirements to quedifyj claims procedur%and overall structure. Envinaight Products carry a one r mawfictum wamuity,theis with fUll detalls am atlachedl a procedure for placing chim. (*file names—verisight warranly.pdf,QV . warranty. .supervision Page 1049 of 1256 ) Doll warranties eaver allof parts and labor? r repairs relaWri 's deram. 7) Do warranties Impose usap Hadt. a however, o r Itents are not Weallya n r warranty. ties cover the expow of technicians travel time o to porhrm No.warmty work must be perforined at R local service site. Please any olkor limitations or circumstances 1 r warranty. 1.Equipumt,which has been damaged due to: Mccident,mines, rim,flood or contingencies n I of Envirosight *Connection incorrect power supplyline voltaps. OUBO In contravention of operating i *CabWconactom damaged by accident or inisuse. Nniproper or unauthorized . 2.Demap to warrantedE sustained in shipment to purchaser. 3.Mquipmont 6at lies Ii -of its Idandfleation,Insmictional or" II or tompered vdth. A.AiW u lt,which has had Its serial number allered,defaced or removed. Envirosight,LLC will not be responsible ,modifications or repairs,either In u made by el not authorized Envirosight,LLC will no be responsibler the loss of or damp to equipment while In a possession orany autho&W or unauthorized servicen . Envirosight,LW ramm the right to make chanpa In desip andi Its t esti i ob][401ons to Install such changes upon any of Ito products previouslyn u . 1 any to reglons of the United Statesr which youtoebalclan to peribrm.warranty repairs. How I MPA Members In then rqoons Any e that does not hnv a Cartihedi r in their region can ship it equipment directly Envirosight In NJ via UPS,FrcigbtCarrier,or method of their choice an consideration. Page 1050 of 1256 It)Pr&r1do a gesisralof the equipenimVproducts and related services you are to ur proposal. vi ft provides=not equipment dug Ii used to Inspect underground Inkstruoture such as lower and drainage pi i 14 VOM11111% 1 , range. vIsIblilly, ndaptability. end muauremonL Our products assist In malnWake the underground Infiatructure without havingspaces. We also offbir reporting saftwere to dooment Inspectlons ownplated, complete Inspedlon vehicleg, and orvice support of products . 12)Provide a lieneral nerrathi description of your pAcInge e model works (lie Iteas and/or discount). Our pricing odalogIs sot up by product line beginning the main gyatem componentsand then Ibilowedall available ar t piaticular product. Each product has its own labeled In die Baal Workbook. Product : Rovver —System,Ind Ividual Components,Accessories; W Cs' —SV Individual Oomponentj6 Accamries Crawler Accessories—Whode&General Accessories used with both the Rovver X and Supervisions Systems Voris' tgydenv6 Accessories — ]c C —Systems,Viewing Je BUM—Outpost Tnopection Platform, l er provided vehicles i —Inspection Chassis—vehicle chassis it 13) o quantify the diotmantpresented k this responseu MS"Ipublished list. HnvIroBl8ht willa unt off the Lid Price as mated in tw Mcellot. 14)Provide an overall proposed statement of method of pricing for Individualline bons, pereentage discount off published 1pment eatakV endior mateory pricing percentage discountI 1 to all aquJpniWtfproduM and relatedservices and being proposed. Provide e MU number for each Item being o . Pricing vi t will ofkbr a 2 discount an all hems listed an the coahwA whichinclude the contract Me built into the prim. Part Numbers i s em listed fbr each item as well as product literature and speolfications (whore applicable)am attached. (Mie a —PRICE— — 014 Ic li . l ) les Literature and Buildof — quickview.pdf, romm.pdf, supervislonpilf, supervisIawtpdF, do—brocurc.pelf, supervision—whechr display.pdf, t n � pdf, verlalglitpro.pilf.jencan.pdf, Bbx Truckor f, CargiD Van Work Shcot.pdf, Nissan NV f, Sprinter Traller Wodubect.pdf, S f, f, r 5. , _ f, i s 3 . f, vs. — Page 1051 of 1256 speelfic methodoilltating "Bourced Productl9quipment and RoldW Services" i o ' . In regards to Sourcedor Non-Standaird Options EnviroBW would1 Ike to propose that a member may have an their order Sourced or Non-Standards that the total value of die This f e fbr hems that ars mat commonlyavailable to momben whiletill the contract We hm found this option voy holpkl In other contracts, le If e member may have up to$15,000.00 of SeamedStandard Options on the Order as wall, These options may only be hems that would work In conjunction with the main ban systom that i . volumeIQ Provide your NJPA customer . Envirosight would considervolume disooeints!rebates but then woulda am by castis. 17)Idooft any Total ) e included uprwne submithd with r proposal response.Mandilys are payable to and their relationshipr. 11 Sake are FOB RandolphThe arception of Truck Builds.which would be FOB Evens City, (location Envirosight truck buildfacility) When the equiptnent Is li to the member It will be ready to use as i other out lo operate uip t will be required. Additional training chargos may be charged at the doalers discrodon bood on the equipment Shipping nsi ili and not part of do pricingsubmitted and will be chargeds a sepwato line Item on the Invoice to the member. L If freight, shipping is an additional cost to the NJPA member, describe to e the complaft shipping . Frelgh deliveryshipping Is an additional cost to the member. Shipping rates vary on the type or equipment M&W and the MvIcet Is used i . &Mrosight uses UPS and UPS FIreight as our prohrred shipping od howaver if The er has an accourri with i r shipping company we can use this as an alternativeEI be charpd to the member fivin the company dut they requmled. Dellmy of truckg Is on mileage and expensesand ftm do delivery . 19)As an haportant pan of the evaluation of your offer,you must indicate 1 of pricing you are aftbring. Prim aMmd In aur proposal will be domed "Non-Rapons1W If this question is imat Answereo a. Pricing is die samo as typically ofted to an indivWusi municipality, Higher1 district b,Pricing Is the nun a typically I t orpnizoleno purchasingutft c, Better flian typicallyo t organizations iiial—lang departments, Page 1052 of 1256 20)Do you offer quaaft r volume discounts? _Y98 _No Outline gakidleas Envirosight wouldi a tivolume d1counts on a can by onoo bula based on the larms of the sale. 21)Describe In detallr proposed achange,and return prognun(s)and policy(@). Due 10 the SpocialIzed and austombiedequipment Enviroalght offers,exchangeswill be consWorod on a am by ease basisonly. SPMM=lly Melft Men i amid Hawaii and any related off shore delivery of coutmeted producial equipmentto above.PAWams am Me some as 23)Plow describe any 1 it procaulprogrami you plamioY to Ta*compliance witk contract with NJPA.PleavePossible. Because i i t mainly sells through our dealer network we am Solngu n any sale mmes throligh as a saled a it be noted an the Purchase Ordera of the g Purchase Order must accompany their order. Thesis orders will be than flagpd with a note that thisan NIPA order and diet an admbdatrative fee must be PAW an thh. This ill allow our accountingt to calculate the he and Issue payment to NJPA in a dmely hahlon. 24)NA i4 T-4,0 Page 1053 of 1256 Enring!an 1 ( l ) Y ' AC 280M "I a In compliance with the Request t "®the undmigned. Vwe have examined this RFP and, beingfamiliar i 1 f the Inshuctions.terms and conditions,getteral expectations, tIII1 specifications,opecifications, servica expectations and any special term.% do hereby proposeI fully 't and furnishagree to ipmeWproduab and related services in full compliance with1 tenw, conditionsof ft RFP, any applicable is RFP, and all r'a Response documentation. Proposer fiathar understands they accept e full responsibility as &e: sole source of responsibilityof the proposed responm herein and that the peftmance f any sub-conhwtors employed by the Pwposer In fulfillmenti 1nmmnsibility of thaProposer. Company e 1 . ] Corapany Address: 111 QwflddAye Un#M City: is —0292 ConUct]Pmon: Iltle. Qu met Cam list r .: �. _ Authorized 1 (i only): -.,. Ic Lindner �. __. (Name printed or typed) 3 Page 1054 of 1256 EDW Z Comirmet Acceptance and Award e Completed ly by NAPA) i- awl er'a I pinto Your proposal Is 1wreby accorAod and RWArded. As m awarded Proposer, you ov am bound to provideilia deflued produciftlulpincon and services comNlipid In your proposal offering i to all urnis,condidmis, t lbrab In ibis PI',my onendments to Ibis KFP.yaw Ropmur,a'vJ my ex"lons exceptedor rcjodcd by NJIaAC. The arrectivo mart dMe of 1he Camract will _ ®�, ,__ __and vftlnuefour years f the Iia le. This contract d cn I ora rinh year rcnewal option a tttloel Joint Powers AlflanceG(NJPA) NJPA Authwized sigradure. ,I a tl i r (Nanw primedort ) Awaftlod this It.day or 20 _NJPA Contract Number IjIUM— NJPA Aulhariped sl t ®: . _ _ l.� J1sPBc0mrd Mainber (Name priowdor typed) Exacuied this day off .20—M— J PA Coalroot N am bur Proposer lvembyac conte t ,ved ,'as and J PAcluriftflonsidgntiried on FORM C.z6vto a �V _ W= Vendor Amborized slipialun, 9 . ' ' (Noine printedort ) Rxt tltlx . y of_, JPA Comovet Number ' ai 44 Page 1055 of 1256 Letter of Agreement To Extend the Contract Between Enviromight 111 Canfield ., Unit B3Randolph,NJ 07869 And National Jofnt Powers i 20212thStreet NE Staples,NIN 56479 Phone: (219)894-1930 The Vendor nd NJPA have entered into an Agreement( c - )for to procurement of SewerVacuum,H ti r Street Sweeper Equipment with Rglated Accessorieslies.This Agreement has an expirationto of March 11 , but the panics may extend the Agreement for one additional year by mutual . The parties acknowledgeextending t for another year benefitsthe Vendor, J 's Members.The Vendortherefore to extendAgreement listed above for a fifthi isti t will terminate on March 18,2019. it other terms and conditions of the Agreement remain in force. National Joint ll Lig ,Its: ire Name printed ort : jervpjv a°Jn art,,o Date — �# rr En 110 t LLC f jfj @v III . Y By: r ."t t H F Its: Name printed or types: t7 lel Date — Page 1056 of 1256 National i t Powers Alliance:: , /... Page I of MWetu f9i r°endim ?,qJPA 888.894.1930 ShumajMURMNIAELMS at L% "Aftnal C=Fmdvm cmwil saludom td I Modem owfiluldnal c6aw us RBAMACCMMBAWSUFFUN Natkxnal CooperativeANDIOR Qinllraci Solutions E%TIPMENT WITH RELATED ACCESSORIES AND UPPLIES VeWwW y C The Notional Joint Ponsm AlIlowaO(NJPft on bobeffand ks current mad pummial { rdcmky&hlw Member sperralles to Inclods at QmmmW.HISher BAraft.K12 and all ................................. anhw PuMb Agenciesa natlengly In an any Wows and paterriellyt a Oft 3p ` Request Fct Propmel( P)to mutt In a nwbruW caffirM makillcm for the procurernient of SEWER ................................. VACUUM.HYDRO-EXCAVATION.ANDIOR STREET SWEEPER EQUIPMENT WITH REIATED Pavdk .............................C this a s to Ida nd __.GMWMI t and February 13,2014 DeIals may be obtalhad by lafter of requedn ht. .m............................... NJPA,202 12th Simll 212, at IWAIhmio a Fhwavq SdwMm RFP0r4pwucp-m% a wffl be rmWd wd lRebrusty 20p 2014at 4:30 p6m.Central Time at ------------..............m On above eddreis and opend February 21,2014 at 3:00 AA&Cordral I I�u`y . FOAPR-d To Obtain ................................. documents. ISend a letter of request to National joint Powers Alliance r �...................... tt IUthShvel 1111N, '7 r tWMB al Conference: February 6,202410:00 A . Sealed proposals due: February 20,20U at 4-.30pm will be publiclya21,2,014 at 8.00am CSTWaNwaftwi'n N&W NJPA reserves the tight to reject any and all proposals. Ip IaNd SupP1 aCURRCCULU%I AND FOLWHAA1. RQUPIMMLRUAIhD FPLICS ACC ES. �,`kCY SEIl�IC s I,IEROAL KHO IIN 'I1F8ILNE h RELATED " SI1P191F4 •mvkwiPAI w-vrF. AA°lkl sr ER WRASIRL'CrOf WITH ILEI A 1 Ct8 MAIII IFI&AN'I CI9k lkxin1rm http:/Iww%v.njpncoop.org/iwtional-coOperative-conti'act-solutionslbecaiiie-vendarleuiivjit-pe... 1/912014 Page 1057 of 1256 Notice to Bidders page I o 2 v'q tt(t� t � E ice' 5 ';i( p,#{t „ uT I,J}r3ilj°i���il Wellcome to Xalk%ToMtMenxam sandisfir.Plamm smol all qumdom Or WMWAM 3o blesureve,Rallibm am 218-8954114 or muserged.luflotilffadpocourpAril SKIATA VA C' 1,IFY111106EXCAVATICLN.ANDOPER STREJKTS EQUJP►1E?4-r WITH RELAI ED ACCESSORIESAND OPPLI ` TkNraimnlJdm P a Alii I JPAI.on haimiaimPA analftemsom adenl A a to hL-ludonfl(kwffmm. K12 EdwoolimiChall. PaOL and ON other .e Agencies oily In all I*mages and pagandilly InagardonalLy.hmn Ihir thiquai For Proogned CRFPI W result tr a seasonal Connotes. AT the loaf SPUTRL° A1.111 FICAVATI N,ANWOR STREET SWEEPIER.EQUIP.%MNT WITHH LA T ED ACCEMRIESASUPPLIES. alloor held RFP am ovallable Wgionsul hmay 9.2014 wid rundriftunroll Fouroary13 201L Details way lic obodwid by letter oftestesso ou Sto r 'ht,NJPA.2M 12th Seem Nonfluoug. .P.O.Box 214. AN 30,1 1101.or by email oV RPPLialitipacimparip Pmpm1swiNbefavivvdIMLIF&Mfy2g,ZDl4m4!30PAn.CentmiTknepAlboobmmUmn aid opened February 31.3014 at 60 AX ComidT . ®lER1. I A—L _ biER,1PV°AIAA`E,11L�1°JAfT91 ERT' � BIER 11 .171 .RV1 i41PJ.IF The National Jam Poem Allboork,IkJPAI on bdoirof NJPA and Ili amusing and Phaedra hhoodbor micaies to Include all Gavordinscal.higher EMbrelegaL K12 Edvialson.lot . Feard, all other Public Agencies Seemed Gaal illy In ad flibi slow ad Conamblih,hmmommlly,kow able Requesig For Prolamin JXF°FI m metal to a imt al=aired fic the Ramournewin ol'StE131CAL E1Lil &L% EhIWS°T(SIT'Alp SERVICES x4111011 OTIIFIR IIRALTll RELATED RVI S AND SVPPLIHS.Devills of Milk,RPIF am anallable Isupkining;December 10i X 13 mad cooduslou mill January 22, 14.Ddab isay be cloolnedInter orroqueac to Itmam P%mWu.NO&201 Mh Sam Nordmas P.O. bassa 2 19.Suplas,A IN 5&4791cv IV lemoll at PTF Y,PropolialswilV be oradved all Jimmy It 2016as4 p.m.('sanall Tmet we Me idw a addesiso ad named J J1.3014ot1AA 1.C licatto`rinse. MACH is JJ b11 I SI PONET S WITH RE LATED ACCESSORI 13,SERVICESAND SUPPLIES This National A Illeawsin l PAL=bdadf of KJPA and 1B6 on and pt llol Niamba Ammonta ioccanks all Gui dwnou t,Illphar Educardsoni.FLIP F, Non- Period,and oil labor PablistApowlemRemold madvalLy to all flair ossa and pwwidbdVy linvightdonsilly.ism Ebb Rows For Dvp=I(RFPj to rcid tr r nadmal comma edaugge fir daa Raccurongsin Of POWER TRANSMD 1 Al PON EN TS WITC I RELATED S RI a ,SERVICES AND SIS°PPLI M.Doluills or CAN RIFF are asissfildir baSimlay Dmandou 6.3013 and romhuslo f!Immay%2M 14. ill oW be thloakardlater or boaccot leo r N'JPAs 20311 db Street Ma off.P.O.Box 314,Soupla.AIN 56474.orbya-ogdIrt Pogj oq;Pmpmb will be wmhvd tooll immy 16 3614 ea 4.9 iini.[ 179aurorthe above shown and upegal himaryft 2014asMOD AAI C arae T TheNoilowdJohat Peasant Alliances JN AI iumthislnvhmbmFax PirJ LJFRJ un f of in provide I 11a unrxt J ooAa C iRaq! €`j acrac"Irson voratictleadinsonsfiRIN)PA Membina lockelfindall posivnissawit openchol,education ridInclude s owl toplaceirblim,tied tt agarricks In the State or0difingdo.It Is OW ,IOU or"JPA lir award t101111 tlr.16Yr Oar®Alidjushat and Remseeks services In amM of tea men Enchiswomig leas an eat ed usual able ofS2jmmD lead Its Page etas same ye adJY r1 al�ax trams y bs az k5 JPA Iar S° Eales y Cr�JPA such t mss In she m hissamsorXJPAand its Moralism 'Cis a er tan r p R eanot thin provides r di s us vionputooss4 bid®tion-call"janival asenowusis to Boarish,fininardlise comewilve suvwx over III,oxwouled Pau ofinme Inerveling bidders ire required to attend Ike p bld seminair for iVm purpole,of d1wasidal the IQCX procurement sy slom Ilse rurtleurt domerierns.will bid Awans. S!u moss-p"Id reualmr amid be hold an Colienm A hn4ld Widdisor mill be hogged by XJPA on Dftvmbkr 17.124M Ism. . rhe Verightor%111 rewdre Ike CAangameor to per {alar a1 n��.tla s az air. in Rho stimaliw,isoal mho oppropirlsor NVehinar and fill-n the hiftomadiae Air eltxltenk°CCV3P imp3p oFil IMV Diornmaredu whisk lieflude Ilse Inca •t fax iblBup a bid sill the had d® neeus only be nbinitted 4 kilter or sell to Alot PA°202 131h StIod Alla SUIPIOL SIN 56471C,or bY rMI11116 eats WdEdIL at VO m se al desdead bid dwmneam firm drop deson Ila m net Ihr es In 11e�.A1VFamievinumin{naiadso govillsol odds emnfl whirmi.cmimm Rome.Ph a numtior.R um due aiiiJ 8"57 Jrl 7m Sti and will be upward in 91.110 moan January 1.201t IFfi bevwmmxwill he available mull Jitemy 7,3014. KgnF�IIiEI'I3LeCkS,h�18FiBJEat1®P®! i`I° Tt'I1'llliE1.�11°FIIfA '6; RIF.SA�i] LPPI°fG Iia Aril let `alera AEI F°.KE'Ah on bukairomms,and Habor Fibucabort.K12 1.dwaum Neu. NOEL and Fill Imam Public Apsocus kicated makrnol at all Plly causes and issumdrilly Imorreavenalb,lung milk,pomem I'm Renewal IPFIII Wtvish No a rAkWall eadme"l xarlmAm lbr the pmLummm tf FIRF l R=5 AND FIRRAPPARAT116 Wall Y.!TIN)AC ESSS(AIES AND RUPPLII°5.[ballis al'this RFP wo availableat °q IMmoinhor 11 A 3a d eau `auinp aiiiii lJununq 0,220141IZZ11 tile)licableasaid IS Atu ccea Rokka,N)PA,1,92121h3nal N hanad°P 0 Hoge 114. mVak iL Js1ti 51479,or 1q°ii-will as RR a ffolpResiap vcar=proweadi,will tm r teas!small Jame) 16.2014 os 4°36 is ru.Can n-il Tom at de aboev su daas and isponal1musm 1'.21114 at am A K Central I'Lum. AiddiddidwaLP-1 ttia°.tri ww.dell{ tel I ers.com/ 11912014 Page 1058 of 1256 Notice To Bidders Page 2 of 2 ARXI'l,J10DE MOVING AND TPANSFORRE.L%TUFSEWRICUS Plant.man ad other PublIcAlloichn;beauld affivenly bell Afly Mleandimmoullally bum ths Reason For Nagaland jRrP)winvuh In a waloind undunt ummout re die pmenucatme afhRILTI-MODO Ai IN's AND TRA%MRTA TJM RCLAIW- 3-MVIS ES.DcmgooflhlgPJPcmav®ails bkbqlkmbgNmmbgr 112013 and camilland ll unlit IMMMY 3,2014.Deadulad,kableloodbyhonat armliquilam wMetiam Kmlgim°NV&M Out 1WM1%wftW P.OL 14I10M70,midev-swiflim MuEqnsweapap. 13.7014 as 00 Am,CommIllme at site due addrals mill imummed 3Ky 112014a MMA.M.CimmidTfine Affinduall MUNICIPAL WlTESAN DMi WAS—INFRAMT—nME IMMMOFTED—SUPPLIES A.NDIOR ZQjjFAjFMT 'Me Motional Jok hwass AlUmoub IMIPAJ.an baboll'of.'Jilih vol Its normal awl passadd Slember igodo is bgk*all Gootmoveam,Widim,Education.1412 Mailan,Nam. Imoril,OW 041 alloor Puldic Arnica lommed mombillogy in all fift sum and pusem bi ly bommusboolly.Ross lain Request pal hoplawl(R"j to nub in a jampawl mussim eflimba. Re the pmemammot oFARROCIPAL WATER ANMORSEWER RURASTRUCTUBE WITH RRIATED SLIPPURS;&NIWR EQUIPMENT.fusion of R"am numb buftibilli Wow 18,2013 and camallml*woll Novilimbor A 2011.Downs is be abamed bw ismor eirlemim to t-lowun,Knight,NUP&2D2 IM Sum houvain,F.O.No 219. Smphm�NIN 50479,w by a-moil a RFFA inipaimaaro.Emulsible will be mMvW main Duvalbor 4,2013 w 40 pol.Cami17° am mi Re datum addrimm.sod tiliewuld Dember L 2013 N SM All.CutuaIT e. CM131 ERCIALkilt-RES EQUIMIC-4T RELATED SUIMPLIES The National Jobit hwm Aflialleet(NO&an ladmiWOMPA aid imaimem and pownifid himahm;spimsma to Wudg oil Owavoinw,Ilither Edowhan,K02 Education.Kod. Front.and oil adiar Mle-Apostates banned nm!mWLv into[filb-mme,land POMWIY elf®$ lbb Re"For Proposal IRFM wissukin,aiwoul imerairi liplumim forgolmommm OCOMMERCIAL UMMEN EQUIPMEW&RELATED SUFFLIM.Dandle ofiltia AP am pullft Imaillasing kpadm 17. 13 madenselumb;main OisftrM.3013.Dideft iner he ohmilmol by Inner arroques to himmulatin KWAL ME&M WE NOW KWdhML M.Sea 219°Swift SIX! 1 ,nelly moil at AftlakiUMEE'Un.praposidswill bc received until DUAWI%2013 at 4: pan.Calatial bone al dis a asand quened0cular 31,2813 in M All.Cilarml Time. CURRICULLOI AND EbidL 14WNW,k9LA1 SUPPLIE&ACCEMM1121,AND,SERY14 Eli The Wailoval Jah Fewom Allwaarlit R1YAh an bdWforNJPA ond lacommas mail immullid Slee ria imbele all Dommaeums,Higmar roandidus,K 12 Edweade,Vols. P"kmad all a FuldloApacks Issued mallmaillybi al fiflymessind posonlally bleriumboodly,Won No Request FwPmpwd ditM wank in a malumd comorms raholve at die patimmuml CU Lit AND MUTATIONAL EQUIPMENT.RELATED SUPPLIES,ACCESSORIFS.AND SERVICES.Douala afihb REP us walbode beinudog3ripaimber4.M[]owl conifilming it Demise 10,2011 Dwiflo may be obodmied by boar a(milmin in Mourvem KablRa.WJFA.20-1 AWN, SLS 70®Ur by Osouill 10 limpusals will be mmelved until Damber 17.2013 in 4:30 pm.Cas wall1mv oaft ohm uddrimis sail opimad Ovither IL 3013 at 1:00 Ali.Censal Thus. Adifaedsaet el A&mart,!2 anchone a2 litip://www.ncitiectobidder,i.coi-ni 1/9/2014 Page 1059 of 1256 Public Purchase: Bid RFP#022014- SEWER VACUUM,HYDRO-EXCAVATION,AN.., Pagelof2 Tn Agpncv View] [Rid Nlrdiase,. Home Search Browse MyStuff Tools 111d RFP *0221114 - SEWER VACUUM, HYDRO- 4JPA EXCAVATIONj AND/OR STREET SWEEPER EQUIPMENT WITH RELATED ACCESSORIES AND Kational Jolt Powers Alliance SUPPLIES Bid Type RFP Bid Number 022014 Questions 0 Questions Title SEWER VACUUM, (Ilia /Ask HYDRO-EXCAVATION, Questions] AND/OR STREET SWEEPER EQUIPMENT WITH RELATED ACCESSORIES AND SUPPLIES to Date 3an 9, 2014 9,28.51 AM CST End Date Fab 20,2014 4.,30.,00 PM CST Agency NJPA Bid Contact Ginger Line (2 18)894-5483 glnger.I1ne0njpacoop.or g 202 12th Street NE P.O. Box 219 Staples, MN 56479-0219 Description The National Joint Powers Alliance@(NJPA),on behalf of NIPA and Its current and potential Member agencies to Include all Government,Higher Education, K12 Education,Non-Profit,and all other Public Agencies located nationally in all fifty Micas and potentially Internationally,issues this Request For Proposal(RFP)to result In a national contract solution for the procurement of SEWER VACUUM, HYDRO-EXCAVATION,AND/Olk STREET SWEEPER EQUIPMENT WITH RELATED ACCESSORIES AND SUPPLIES,Details of this RFP are available beginning January 9,2014 and continuing until February 13, 2014.Details may be obtained by letter of request to Maureen Knight,NIPA, 202 12th Street Northeast,P.O, Box 219,Staples, MN 56479, or by e-mail at RFPCnjpaccap.org. Proposals will be received until February 20,2014 at 4:30 p.m. Central Time at the above address and opened February 21, 2014 at 8:00 A.M.Central Time. Delivery Information litil)://ivw%v.liul)licl)uitliase.com/geiiis/bici/bidView'lbicild-26()24 11912014 Page 1060 of 1256 Public Pumhase: Bid RFP#022014-SEWER VACUUM.HYDRO-EXCAVATION,AN... Page 2 of 2 Maureen Knight,NJPA,202 12th Street Northeast. P.O.Box 219,Staples,MN 56479 Pro-Old Conference Date Fab 6,2014 10-00-00 AM CST Location Webeast-Conference Call Notes Connection Info sent with the RFP and also two business days before the pro-bid. We request that you please register with the agency before viewing the bid documents. This process takes only a couple of minutes. Documents No Documents for this bid vendarsupport*publir.purctiase.comicapy,ightig,i&j.2,oij tmaavwK,;r0up 1,111 1 ( 1111P litip:ilwww.liublicpLirchase.cciii/geiiisibid/bi(lView'lbidld=26024 I/ 12 Page 1061 of 1256 STATE i� I f'SOTA 4 4 OF OF Karen Greenhoe,being duly sworn,on oath says she is and during all times hereinsuiled has been an employee f Star Tribune Media Company LLC,a Delawarelimited lig "t'r y company with tic at 423 Portland Avenue,Minneapolis,Minnesota 55488,publisher and printer of tile Stur Y'ribuise newspaper(t "New5paper"),published 7 days a week.and begu wle a of the facts hereinstated as rollows: I.The t tire rollowing qualifications- (a) The Newspaper is printed in the English language in' r ronnal and in column and sheet forin equivalent in printed space to at least 1,000 squareincises; (b) The Newspaper is printedit is to t least rive dayseach week; c in t least half tits issues each the Newspaperas no more than 75 percent of its printed space comprised ofadverlisingmaterial r public notices. In all of Its issues c r,the Newspapera t less Ilion 25 percent of its news columnsdevoted to news of local interest tote community that it purports to scr%re. Not more than 25 percent or the Newspaper's non-advertisl lump inches in any issue duplicates any other publication; ( ) The Newspaper is circulated in the local public corpurudan which it purports to serve, and has of least 500 copies ulardelivered to payingsubscribers; ( ) 'The Newspaper has its known office of Issue establishedin either tile county in which it I ies,in whole or in part,the local publice o tion which the Newspaper purports to r in an inijoining county, The Neuspaper files a copy of each issue immediately itel with[lie state historical society; ( ) The a e is made available t single or subscription prices to tiny person, corporation,partnership,or other unincorporated assac' tion requesting the Newspaper and ninkingthe applicable yr ent; ) The Newspaper has compiled with l the foregoingconditions or at least one year immediately preceding the date or the notice publication► hich is the subject oft e Affidavit;and (i) Between September t unit December 31 oreach year,the Newspaper publishesand submits tot the secretary rstate,along with a filinge or S25,a sworn.UnitedStates Post Office periodical class statement of ownership and circulation. 2. The printedcoy of the matter attached hereto(the"Notice")was copied from the columns car the Newspaper and was printed and publishedthe English 1 nguR ye on the'fol[owing days and dRtes: _ThL1 Jay.Janunry Y ®a airrday.jonuarY16.2014. " t 3. Except as other►rise directed by a particular statute requiring publication of a public notice, the Notice was printed in R typeface no sinaller than six point► i h a lowercase alphabet or 90 int. 4. The Newspiper's lowest classified to paid by tontine hal users ror space comparable to the space in which the Notice was published is 1305.10. d �. l t .' . ,rat Subscribed and swurn tU burbru rise on January 16,2014 Page 1062 of 1256 el ass, xa 7 f pR. 1. w d . Sc TE wpm Wk. m I ., � •$� n rf• A' ars gull Y tnai�6a®ulav� dw Oda IS Aj ma x Page 1063 of 1256 5600 W. P.7. S.aC 704005 MEDI& Deseret News 1ry' VALLEY CITY, A 14170 1® ? .1' 1 7-0217663 VOW&C7Y9®@am ®YC�1®®tLl f®tMP®vo.r..O Pan®@ffi®P®lxvva to. b V#MI P1f bM l IIIAY l bM 801-304-6910 PROOF OF LI Y II €? r�.';vt,1 NATIONAL JOINS'POWERS ALLIANCB, 9001495962 115112914 ACCOUNTSPAYABLE PO BOX 21 ®.._�.. ®. STAPLBS MN 7 #T ;'F Y7 NATIONAL JOINT POWERS ALLIANCE, s z 9 I ,a i it 1� C€ 2188443483 000431440 1 T kA i! z� bi„� ' >.,k:m,f.. 's r ��, �t�,�, Stent 91109!2014 End 0110912014 IN!a " Ex .� ulk Sam I Equip 01 0 old REQUEST FOR PROPOSALS The National Joint Pamm Alliance(NJPA),on behalf of NJPA I ,■A mPi ' r ; mx� f EXU R °37 Y Unes 1COLUMN X � 77- , P c ` X '.x �f� P.r pL� aXF dj � ,a g01, s i f4.°rt ' �a ' �. fl V�1 ,.- , u�a Y�2 �.�n� ,�, .sX®`v�a�.�l 9T AI PRO 14 29 ArFIDAVIT Or KIRI JCATION AS NEWSPAPER AGENCY COMPANY,LLC dbn MI-INAONE OF AI-1 T,f.CAI. Rt I CrXTIFY THATHEA A6.'IQADVERTISEMENT OF kn M o P I T @. ll nnl.1 Int I'n r Allinnat! tTe �itnrc�st.Cn� 10t U& QUAL&JUMVEMALIAMM WAS PUBLISHEDYT E NEWSPAPER ACENCY COMPANY.LLC dbe MEDIAONR OF UTAH.AGENT FOR THE SALT LAKE TRIERINGAND 13EIU NEWS.DAILY NUWSPAPIMS PRINT13D I ' °IL E •1 IAROUAGE WITH 0 til ERA CIRCUIATION IN UTAH,AND PUBLISHED IN SAI::r LAXIS CrrY,SALT I.AKH COUNTY 114 THE'rfNIU TAI1.NOrICE 19 A130 POSTED ON Al11, 11°I E DAY AS THE T- T Nr-WSPAPLR PUBLICATIONAND RrWAIKS CyN UTAIRMAL&COMINDEFINAT17A.Y. COMM.=WITH UTAII IC AL SIONATURE ACT UTAH CODE46-2-10h,46-34(W 1109/2014 End 0110912014t!z I l 111�c 1 t IO ATURU DATG 10120 1111 .... , �'1 1 14tY1'A 'Q'AITIt?T4`I' 19'1'A bPYt 1'�tIV�I�IIIaV.V ` T'! '° � i'L A, 0A FBILLING "EA9TURE �4O . . Page 1064 of 1256 � } � ) } � { g ) ) � ! � f � ° � ■ : 2 » / FL E z m z ) . � R .V Is 00 19 ) a u CL 2 m - ` ) _ , } : - _ , IL [ , - lw- W CL zo CL ms 'ED 40 CL . m \ � m J . . � . ~ } % ~ , o ' - R . ; - . \ e ~ _ , . _ CL k / 24 - _ } \ ) a 00, m ® u w Page 1065 0 1256 Request for Proposals , ... Page 1 of 2 Document Request Li I SEWER VACUUM, HYDRO-EXCAVATION, AND/OR STREET SWEEPER EQUIPMENT WITH RELATED ACCESSORIES AND SUPPLIE Header Reference r Solicitation Number 022014 Buyingl National Joint Pmera Alliance source ID PP.CO.USA.868486.CB8455 Associated Components yes Non-disclosure of mquired. Duties Published 2014-01-09 Closing 2014-02-20 04:30 PM CentraI Standardnme Details Opportunity cc n Categm Utilities WINS Region livCanada Agreement Tender Type Request for Proposal( ) Estimated l Pro-bid tin Optional 14- 10-00 AM Central Slandard Time CST Wabcast-Conforenoo Call VisitSite t Applicable Bid cRequired o Deadline for I ons 2014-0 -19 https://www.merx.com/English/SUPPLIER . s = 9/10/2014 ® Page 1066 of 1256 Request or Proposal , - ... Page 2 of 2 Notice crr ion SEWER VACUUM,HYDRO-EXCAVATION,AND/OR T SWEEPER EQUIPMENT ACCESSORIES The National Joint Powers Allianoet( ),an behalf of NJPAand Its current and potential Member agencies to Include all Government,Higher Education,KI 2 Education, Non-Prok and all other Public Agencies located nfftlonally In all fifty states and potentiallyInternationally,i u for Proposal( )to result In national of 'o r the procurementY X VTIANDIOR STREET SWEEPER EQUIPMENT WITH RELATED ACCESSORIESI i f this RFP are available beginning n nti ui until February 13,2014. Proposals WH be receivedit February 2 ,2014 at l Time at the above address and opened February 1,2014 at&00lri . contect(s) Contructing Name Ginger Lin 202 12th Street ME PO Box 21 Address city staples State I Province Country s Postal Code 56470 Phone (218)894-1830 Fax (218)694.3045 Email ginger.line4prilpacoop.org Website Note: I links will be displayed when available.If you dick a web site link,you will be connected to another web she.Your MERX session will timeout after 20 minutesof Inactivity.Should thisoccur,please returno the MERX horne page and log In to MERX again, ll rights reserved.No part of the information contained In the PublicTenders o on of this Web Site may be reproduced, in a retrieval system or transmitted in any farm or by any meanc electronic,mechanical, photocopying, in r otherWaa without the prior permission of MERX and the Minister of the participating government department.MERX,the Minister nor the ContractingAuthority will assume onsi it or liability for the accuracy of the Information cont in In the publication. :/ li / c . — — =... / ® Page 1067 of 1256 AFFIDAVIT F PUBLICATION OM 'DIAL 621 S.W.Washington St.Sub 2101 Portland,OR 672[!5-2810 (503)226-1311 STATE OF OREGON,COUNTY OF I, I fn p n ®any that!am a Principal Clark of the DailyJournal of Commerce a nempaper of general circulation In the counties of CLACKAMAS, MULTNOMAH, n I s defined ORS 193.010 n 193.020, d i n I t u I n personal k y t the Goods and s notice described Sower ti ,andlor Street Sweeper Equipment with RelatedIf National Joint Powers Alliance; i fStaples, 0212012014 at 04:30 FM printed p I Is hersto annemed, published In the entireI Ineumpoper r ( )I II 1/10/2014 State of Oregon MultnomahCounty of SIGNED ON THE 111kh DAY F August "L=IV 'OH I BIT A i ?19 p a Notary ubil tdiregon n*,vp Pa( ;IttPJ E, uPl� k P 6 4H ,Vit+? L Ginger Lin No.: 10474547 National Joint Powers AllianceClient Reference No: PO Box 1 Staples,MN 66479-02119 Page 1068 of 1256 EXHIBITA NATIONAL JOINT POWERS ALUANCES GWEN VACWL%HYDRO- EXCAVATION, SWEEPER UQUIFNENT WITH RELATED Prqmals due 4 ■ Ndkvul Jobt (NJPAh an behid d NJPA1■ eu pciadW Member spnobe t gher E X12 Edumallor4 r A R, and I natiormly In al Ift stda mrd pobrildy intarrialonaly, kluge " Rowed For to road En a nadand soldon br the procutomert of SEWERYAGULIM. HYCAO- EXCAVATION. ANWOR ffrREET SWEEPER EQUIPMENr RMATED AOCESSORIES AND SUPPLIELIF mbis bogWrig January 11, 2014 mW corfireft UitH February 1 , 2M4. Detals o r of request to , PA, 209 12th Strast Ndift@K P.O. 219. Shoss. MN 6 mai st FP u be 20,9014 st 4.30 p I Tkm■t the above address ard opened Fobnari 91,2014 id RW A.M.CI Time.Pkame an who 1hb to : PU*h@dJarL 10, % IM4647 Page 1069 of 1256 �5un www.nipacoop.org Joint Powers Alliance 4'kk Proposal Opening Witness Date of opening: February 1,2014 witnessesThe igned below hereby witness they wem present on the above date and in witnesstic opening of 1 responses receivedto the Request1 t of SEWER VACUUM,HYDRO-EXCAVATION AND/OR ProposalsACCESSORIES AND SUPPLIES by NJPA and NJPA Members. iv criteria included iv s consistsowing criteria: 1, Was the response received prioro the deadlinesubmission? properly2. Was the response ? contain3. Did the response i ? 4. Did the response include documents with original signatures t were required? receivedResponses were 11 Atlantic Machinery, .—received 2/17/14 Bidder iv Envirosight,LLC--received 2119/14 Bidder iv Federal Signal Corporation—received 2/19/14 : Bidder i Gap Vax, .— t Bidder non-responsive Incomplete —no electronic copy Global Environmental Products,Inc.—received 2117/14 Bidder i Gradall Industries,Inc./Vacall Product Line—received 2/18/14 Bidder i Corporation- 2/20/14 at 11:01am Bidder i RapidView,LLC—received 2/20/14 at 11:00am. Bidder responsive Inc.—received Bidder responsive SB Manufacturing,Inc.—received 2112/14 at 9:24am Bidder responsive Sewer Equipment Co. of America—received 2/17/14 Bidder iv tewart-Amos .—received 2/20/14t Bidder iv � .. Page 1070 of 1256 pl -ii" PA Joint Powers Alliance 200 Rist ShmA NE Skiplesr MN 56479 Responses continued Super Products,LLC—received Bidder i Thompson Pump& ` Co.,Inc.—recelved Bidder - si t of scope 2/21104 ?7 MAO ticppo,Bidsa Tracy Plinske,Contracts SpecialiskJ 1 SYMI '1 pec' li t,NJPA c �m. ..m.....� ._ Kelly ,NJPA Page 1071 of 1256 I � I �s I � rE � t, I I s� 1 . all P w 4 6 v( t M w P C` 7 � Page 1072 of 1256 PA COMMENT AND REVIEW To the REQUEST FOR PROPOSAL( #022014 Entitled SEWER VACUUM, TI STREET SWEEPER EQUIPMENT WITH C 5 ISUPPLIES The followingadvertisement was placed in the Minneapolis, MN Star Tribune on January ,2013 and January 16, 2014 n Oregon's ail Journal of Commerce on January 10,2014,The Salt Lake Tribune on January 9,2014and an the NJPAsite .nl c nvia website www.onylaxom, Notice to Bidders website notic t i r ,P lic urc as .co , erx an i in o; The National1 int Powers AlllonceO( 1P ),on behalf of NJPA and Its current and potential Memberagencies to Include all Government Higher Education, K12 Education,Non-Profit and all other Public Agencies located notionally in alififty states and potentially internationally,issues this Request For Proposal P)to result in a national contract solution for the rocure ent of SEWER VACUUM, STREET S EEPER E uiP E T WITH RELATEDACCESSORIES AND SUPPLIES. Details of this AFP ore available beginning January 9,2014 and continuing until February 3,2014. Details may be obtained letter of request to Maureen Knight, NJPA,202 12th Street Northeast P.O. o 219,Staples,MN 56479, or by e-mail atrant co o.orm7. Proposals will be received until February ,2014 at 4:30 p.m. Central Ti oft e above address and opened February 21,2014 at 8:00 A.M. Central Time. Ps were requested from and distributed to: Alamo Group,Inc. Atlantic Machinery,Inc. Federal Signal Corp. Gradall industries, Inc. Azaimi Boyer Ford Trucks C&B Operations Cobra Technologies EKA Envirosight,LLC Gap`fax,Inc. Global Environmental Products, Inc. Iii-lac Corporation Hol-Mac Corp. ac- ac Ingram Equipment .,LLC Johnston North America Macdonald Equip ent Co. Nitel-lawk Sweepers Prime Vendor Inc. Ra ldVie , LLC in - atic,Inc. Sanitation Products,Inc. SB Manufacturing, Inc. Sewer Equipment Corn any of America SFG RoadMaintenance Stewart-Amos Equipment Co. Super Products LLC Tessco Thompson Pump& ManufacturingCo. Inc. VectorTechnologies, Ltd. Wayne Sweepers 202 2� Street NE a P.O.Box 219 a Staples, MN 5647 + www.vijpacoop.org Page 1073 of 1256 21,2014 at the NJPA offices Northeast las Minnesota Atlantic achinery,Inc nvirosight, LLC r Global Environmental Products,Inc. radall Industries, Inc,/Vac ll Product Line Hi-Vac Corporation Raidiew, LLC In -o atic, Inc. SB Manufacturing, Inc. Sewer Equipment Co.of America Stewart-Amos Equipment Co. Super Products, LLC Thompson Pump n facturinCo., Inca Ids were reviewed by the Proposal Evaluation Committee consisting f: Ginger Line, CPPB, NJPA Contract Specialist Gregg Melerhofer,CPPO, NIPA Bids and Cont€acts officer Tracy Plir€ske, NJJ'A Contract Specialist Keith Hanson,CPA, NJPA Accounting Manager Maureen Knight, BBA and JD, NJPA Contracts and Compliance Manager The findings of the Proposal Evaluation Committee ee are summarized as follows: The Proposal Evaluation Committee Used the established NIPA RFP evaluation criteria and determined that Gala Vex, Inc. and Thumpsun Pump& ManufacturingCo,, Inc,did not meet Level one Responsiveness. Gap Vax, Inc, had missing electronic files and Thompson Pump& MR11LIfacturing,Inc was deemed Out of Scope. All other responders did met Level One Responsiveness nsive€cess anti Level Two Responsiveness. Hi-Vac Corporation provided an exceptionally strong overall response with very competitive pricing and demonstrated exceptional Industry and marketplace success.They also manage a nationwide sales force and eitilize an extensive dealer network for sales,training and services They offer a wide array of products anti equipment for use In wastewater and storm sewer maintenance, lead pickup, road spill response and hydro-excavation including Aquatech combination jet/vac cleaning equipment,O'Brien let rie ning equipment and a frill range of -Vac Hydros rood r trtic, s bucket easement ability to sell anti Flaticinwidve 202 12 P.Q 21Siapleh, MeiSfs42 wwuwr.iijl:iacrsssls.csrg Page 1074 of 1256 Rap!dV!ew, LLC provided a solid overall response with competitive pricing,a great selection of products and the ability to sell and service nationwide through established dealerships. They offered high quality sewer,water, industrial and other pipeline inspection cameras,sewer Inspection software and sewer pipe rehabilitation robotics. Gradall industries, Inc.submitted a solid overall response with competitive pricing and strong industry and marketplace success along with thea ility to sell and service nationwide through their large dealer network. Through Gradall/Vacall they offer a specialized line of vacuum trucks,combo unites,street sweepers and catch basins. Federal Signal Corp. provided a solid overall response with competitive pricing,exception industry and marketplace success,and a demonstrated ability to sell and service nationwide through their very extensive dealer network including Elgin and Vector dealers. They offered a full range of mechanical,vacuum and regenerative air sweeper products In various sizes and quality high pressure sewer cleaners. Super Products, LLC had a good response with very competitive pricing and thea ility to sell,service and strongly market nationwide, They offer unique, high quality equipment Including sewer and catch basin cleaner,ejector, and hydro excavation products. In addition to the purchase of products,they also submitted a rent to own option. Envirosight, ULC had a good response with competitive pricing and teability to sell, service,and market across the U.S.through an established dealer network. They offer a variety of sewer inspection equipment including panoramic cameras and pipe cutters to inspect underground infrastructure. 022014(R v.8/10/15) For these reasons the NIPA Proposal Review Committee recommends award of NJPA A=to Atlantic Machinery, Inc. 022014-AM I Envirosight, LLC 022014-EVS Federal Signal Corporation 022014-FSC Gradall Industries,Inc. 022014-GRD Hi-Vac Corporation 022014-HVC RapidView,LLC 022014-RILL Sewer Equipment Co.of America 022014-SCA SLIper-Prodacts, LLC 022014-SPL C 1 '00,, NJ!-,'L Contraci��, Specialist Ginger Line, 1)] Date G reIerhofer,CPPO.1',-JPA Bids and Contracts Officer at Tracy�linsUPA Contracts Specialist Date Keith Hanson,CPA, NJPA Accounting Manager Date • L Maureen Knight, BBA&JD, NJPA Contracts and Compliance Manager Date 202 12-Street NE a P,O, Box 219 e Staples, MN 56479 www.njpaccop.org Page 1075 of 1256 Regular Meeting & Retreat Minutes JOINTNATIONAL Board f Directors Tuesday, March 18, 2014Executive Chair Wolden calledRegular Board meetingr at 5:53 p.m. with the following present: Brian Lehman, Mike i t n, Wayne Wolden, , and Neprud. Also present were Mary Klamm, - ilo; Chad Coauette, Susan Nanik,, Paul Drange, Diana i l j , Davidl Anderson, MistyMyers, and Deb Cervantez, NJPA . moved,Ms. Neprud r. Veronen to acceptn i carried. Mr. Lehman moved, r. Wilson to accept the minutesRegular Board Meeting held on February 18, 2014. Motion carried. Ms. Plhlaja presented the monthlyFinancial Reports. Ms. Nepnidr. Veronen to acceptResolution Signed oriMotion carried. Mr. Wilson , seconded by Mr. Lehman to approve the check i t and Treasurer's Report of Cash, Revenues, and Expenditures and to pay all vendor i 117 . Motion carried. Mr. Lehman moved, seconded by Ms. NeprudII Wire TransfersMotion carried. Mr. Lehman moved, seconded by Mr. Wilson to acceptn s follows: • Updated Membership1-28, 2014 • Approve ri tion to Re-Bid: o Facilities, Maintenance, Repair and OperatingI u li s o Ag TractorsImplements ith Related Equipments • Approve BidEvaluation Committee's Recommendation that no responders be awarded RFP #013014 for Medication Therapy Management ( ) Servicesand/or other ! Related Screenings • Approve Bid l tin ittee's Recommendation to Award RFP #022014 for Sewer Vacuum, Excavation, and/or Street Sweeper Equipment with RelatedAccessories and Supplies : • Atlantic i e , Inc. 022014 • EnvlroSlght� LLC 022014 • Federal Signal Corporation • Gradall Industries, Inc. 022014 • Hi-Vac Corporation • Rap!dV!ew, L o Sewer Equipment Co. of America • Super-Products, LLC 022014 • Approve BidEvaluation 's Recommendation to Award RFP #031814 for Power ezIQC in . o The Wilson1 - Page 1076 of 1256 o Kellogg Brown Root KS02E-031814 Wilson Group KS01W-031814 • Approve BidEvaluation Committee's c n tion to Award RFP #031814 for ezIQC i Sand Diego iv i California . o ABC ConstructionCo., Inc. CA-SDOI-031814 o Grondin Construction, Inc. CA-SD02-031814 • ill r Constructors CA-RS01-031814 • Approve BidEvaluation i Recommendation to Award RFP #031114r ezIQC i West Central Florida Housing . o Johnson-Laux Construction,Johnson- LLC FL-WCHOI-031114 o GFH Enterprises, Inc. - - 111 o Bayshore ContractingCorporation FL- - 111 • Approve ! of Agreements with o See Appendix • Approve ezlQCI of Agreements with o See Appendix Motion carried. Mr. Jessop gave the Riskt update and reviewedi , 2014 RMPEC meeting. Neprud moved, secondedy Mr. Veronen : • Approve refundingI c nt balances of Bertha HewittISD, Mid-StateEducation District, I , Pillager ISD and NorthlandCommunity Is • Approve the July 1, 2014 healthinsurance renewal at an overall 0.13% increase in rates • Approve moving the cost of the dental subsidy out of the operatingu into the RSR beginning i 2014-2015 r • Approve the July 1, 2014 dental renewal with $4.50 per contract r month subsidy • Appoint Andrew NelsonSchool Labor Representative on the NIPAManagement Executive Motion carried. Mr. Anderson gavePurchasing i National Procurement . Mr. Drange gave an update on Regional Services and discussedWorlds Best Workforce, tion Solutions Summer Programming catalog, and the Teacher Recognition Banquet in May. He also updated on Anna Gruber's first working i cities i identify it needs. moved,Ms. Neprud seconded by Mr. Wilson to approve t1he NJPA - mProgram Recommendations and Rationale. Motion carried. reviewedThe board nd discussed the Board Member Employment Application . Recommendations werer edits and the procedureill be approved at a later meeting. Dr. Coauette informed i tin Agreement has been signed parties. Dr. Coauette reviewedh ul r April 10, 2014. Dr. Coauetbe presentedis Planning Frameworki Values information added. Page 1077 of 1256 Mr. Veroneny Ms. Neprudl n i r Terms. Motion carried. Mr. Lehman moved, seconded by Mr. Wilson to approve the Resolution to Adopt a Records Retention Schedule. Motion carried. Mr. Lehman moved, seconded by Ms. Neprud to approve the MarketingSpecialist oiio description and n position. Motion carried. Mr. Lehman moved, c r. Wilson to accept the resignation Ily Burke, Collaborati Service or r, effective March 28, 2014 and open position. i carried. Nanik gavecurrent staffing . Dr. Coauette reported an MSBA, ORB interior i utilization, n upcoming meeting with the Initiativetin and Regionto issi n. Board members II reported on the highi in their area's within the last month. Mr. Lehman moved, seconded by Ms. Freeman to adjourn the meeting :l i n carried. Page 1078 of 1256 022014-EVS I Sourcewell Page I of 3 Sourcewell !, Envirosight Public iity Pipeline InspectionEquipment #022014-EVS03/18/2019 Contact Information Vendor Contact Information To purchase off this contract orfor questionsregarding i iplease contact: Tammy Smith Phone: 973-252-W00 Email: tammy@envirosight.com questionsSourcewell Contact Information For regarding ion or the solicitation p contact: https://www.soureewell-nm.gov/cooperative-purchasing/022014-evs P 7 of 1256 022014-EVS I Sou=well Page 2 of 3 Clinton Strother, Contract Administrator Phone: 218-895-4121 Email: ciinton.strother@sourcewell- i i ld! Murray., Contract Administration Specialist Phone: 218-895-4119 Email: heidi.murray@sourcewell-mn.gov Pa htips://www.soureewell-mn.gov/cooperative-purchasing/022014-evs q?jjff of 1256 022014-EVS I Somewell Page 3 of 3 Become a Member Simply complete the online app[ication or contact the Membership Team at membershlp@sourcewelt-mn.gov or 877-585-9706. Search Vendors&Contracts General Contracts ezlQC Contracts Sourcewell's website may contain links to non government websites being provided as a convenience and for informational purposes only.Sourcewell neithera es nor guarantees,in any way,the external organization's services,advice,or products included in these website links.Sourcewell bears nor spa si ilit r the accuracy, legality,or timeliness of any content on the external site or for that of subsequent links.All questions related to content on external sites should be addressed directly to the host aft at particular website. 'In Sourceweli for Vendors 4 Terms&Conditions Privacy Policy Sit map Accessibility 0 2018 Sourcewell.All rights reserved. Pa haps://www.soumewell-mn.gov/cooperative-purchasing/022014-evs of 1256 8.A. PUBLIC HEARING 2/19/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 2/19/2019 REQUESTED ACTION BY COMMISSION: PROPOSED ORDINANCE NO.19-004- SECOND READING -Approve Boynton Beach Mall Future Land Use Map Amendment from Development of Regional Impact (DRI) to Mixed Use Low(MXL). Applicant: City-initiated. (TBD upon return with State approval) PROPOSED ORDINANCE NO.19-005 - SECOND READING -Approve the Comprehensive Plan's Future Land Use Element text amendment to delete the Boynton Beach Mall DRI from the list of DRI- classified sites. Applicant: City-initiated. (TBD upon return with State approval) EXPLANATION OF REQUEST: The Boynton Beach Mall encompasses approximately 108 acres and currently has six owners. The four parcels that constitute the largest part of the area are owned by Washington Prime Group (Boynton Beach Mall LLC). Other property owners include Macy's Florida Stores, Regional Enterprises, Dillard's, Istar Florida 2015 Cinemas and Christ Fellowship Church. The Mall's main, single-story structure houses the anchor retail tenants of Macy's, Dillards, JCPenney and Sears as well as the Christ Fellowship Church. The other two buildings are the Cinemark Boynton Beach movie theater and Sears Auto Center. The proposed future land use amendment, changing the Mall's future land use classification from Development of Regional Impact (DRI) to Mixed Use Low (MXL), has been initiated by City staff in preparation for the site's future redevelopment. (Note that the pine preserve, a part of the original DRI, will retain its Recreational classification.) While the redevelopment will likely proceed in phases and involve site planning for each, the rezoning will be processed concurrently with a master plan for the entire site. There is at present no master plan application. The subject FLUM amendment is accompanied by the concurrently processed amendment to the Comprehensive Plan's Future Land Use Element (CPTA 19-001), which eliminates the Boynton Beach Mall DRI from the list of DRI-classified sites. Since the size of the property under consideration exceeds ten acres, both the proposed FLUM amendment and the concurrent text amendments to the Future Land Use Element are subject to the Expedited State Review Process per provisions of Chapter 163.3184(3) and (5), Florida Statutes. If the Commission approves the proposed amendments, they will be transmitted for review to the Florida Department of Economic Opportunity (DEO), the state land planning agency. The final adoption by the City Commission is tentatively planned for April 2019. There are several factors contributing to the need for the proposed amendment: Development order for Boynton Beach Mall DRI expired. The Future Land Use Element's definition of the DRI future land use for the Mall includes minimum and maximum intensity of retail/commercial development measured in square feet of gross leasable space as approved by the DRI development order. Since the subject development order expired, this definition no longer has actionable meaning and will be eliminated. Concurrently, the Mall would be assigned a new FLU of Mixed Use Low. Page 1082 of 1256 Enclosed mall as model for a shopping center is becoming obsolete. Closures of traditional enclosed malls in the U.S. have been reported for over a decade. Some of these malls are able to reinvent themselves to become "lifestyle shopping" mixed use projects or outlet centers, some are redeveloped as health or conference facilities, and some have accommodated nontraditional tenants such as churches and schools. The proposed Mixed Use Low FLU reclassification (and subsequent rezoning) will provide flexibility in both uses and design to allow the Mall to "reinvent" itself. The variety of options MXL offers is crucial to the successful redevelopment of the property and the continued success of the entire Congress Avenue commercial hub. The Mall's current zoning is not conducive for redevelopment The Mall's current zoning is C-3, Community Commercial, a conventional zoning district under the Local Retail Commercial (LRC)future land use. Neither provides appropriate framework for creativity and flexibility in design that the property needs to be successfully redeveloped. Mall redevelopment is included in City's strategic plans The City's Strategic Plan 2018-2022 lists the Mall's redevelopment as item#18 in the portfolio of strategic projects starting FY2018-2019. The document notes that the redevelopment of the Mall site will be part of a future planning effort embracing an area tentatively referred to as the Congress Avenue Corridor District. Lastly, the need for improvements/redevelopment of the Mall was also recognized by the City's 2016-2021 Economic Development Strategic Plan(Goal 4, Objective 4.2). The Planning and Development Board recommended approval of the subject requests on December 17, 2018. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? No significant impact on either programs or services FISCAL IMPACT: No impact at this time, but future redevelopment of the Mall will contribute to the City's tax base. ALTERNATIVES: None recommended STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: Mall redevelopment listed as item #18 in the portfolio of strategic projects starting FY1018-2019 (Strategic Plan 2018-2022). CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: N/A Page 1083 of 1256 Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Ordinance Ordinance approving Boynton Mail Land Use Amendment D Ordinance Ordrinance Removing Boynton Mail from DRI D Staff Report BB MALL LUAR 19-002 and CPTA 19-001 D Location Map EXHIBITAIL BB MALL Ownership D Location Map EXHIBITA2. BB MALLAerial D Location Map EXHIBIT B. BB MALL Current FLU D Amendment EXHIBIT C. BB MALL Proposed FLU D Location Map EXHIBIT D. BB MALL Current Zoning D Amendment EXHIBIT E. BB MALL FLU TextAmendment Page 1084 of 1256 1 ORDINANCE NO. 19- 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH,FLORIDA, 4 AMENDING ORDINANCE 89-38 BY AMENDING THE FUTURE 5 LAND USE ELEMENT OF THE COMPREHENSIVE PLAN FOR 6 PROPERTY COMMONLY KNOWN AS BOYNTON BEACH MALL 7 AND DESCRIBED HEREIN, OWNED BY WASHINGTON PRIME 8 GROUP, LLC. AND OTHERS, CHANGING THE LAND USE 9 DESIGNATION FROM DEVELOPMENT OF REGIONAL IMPACT 10 (DRI) TO: MIXED USE LOW (MXL); PROVIDING FOR 11 CONFLICTS, SEVERABILITY,AND AN EFFECTIVE DATE. 12 13 WHEREAS, the City Commission of the City of Boynton Beach, Florida has 14 adopted a City of Boynton Beach Comprehensive Plan and as part of said Plan a Future Land 15 Use Element pursuant to Ordinance No. 89-3 8 and in accordance with the Local Government 16 Comprehensive Planning Act; and 17 WHEREAS, the procedure for amendment of a Future Land Use Element of a 18 Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed; and 19 WHEREAS, after two (2) public hearings the City Commission acting in its dual 20 capacity as Local Planning Agency and City Commission finds that the amendment 21 hereinafter set forth is consistent with the City's adopted Comprehensive Plan and deems it 22 in the best interest of the inhabitants of said City to amend the Future Land Use Element 23 (designation) of the Comprehensive Plan as hereinafter provided. 24 NOW, THEREFORE,BE IT ORDAINED BY THE CITY COMMISSION OF THE 25 CITY OF BOYNTON BEACH, FLORIDA, THAT: 26 Section 1: The foregoing WHEREAS clauses are true and correct and incorporated 27 herein by this reference. 28 Section 2: Ordinance No. 89-38 of the City is hereby amended to reflect that the 29 Future Land Use of the following described land: 30 PARCEL A 31 A TRACT OF LAND LOCATED IN SECTION 19, TOWNSHIP 45 SOUTH, RANGE 43 EAST, 32 COUNTY OF PALM BEACH, FLORIDA,AND FURTHER DESCRIBED AS FOLLOWS: C:AProgram Files(X86)ANeevia.Com\DocconverterproATemp\NVDC\C88EDD34-D2C9-4C59-BD22-20D7AFBCF6CA\Boynton Beach.145 5 4.1.Boynton_Beach_Mall_LUA_-_Ordinance.Docx Page 1085 of 1256 33 BEGINNING AT THE SOUTHEAST CORNER OF SECTION 19, TOWNSHIP 45 SOUTH, RANGE 34 43 EAST; THENCE N.0° 59'39"W. ALONG THE EAST LINE OF SECTION 19,A DISTANCE OF 35 1898.10 FEET TO A POINT; THENCE S.89° 00'21"W.,A DISTANCE OF 60.00 FEET TO THE 36 PRINCIPAL POINT AND PLACE OF BEGINNING OF THE FOLLOWING DESCRIPTION: 37 THENCE S.88005'26"W., A DISTANCE OF 846.73 FEET TO A POINT; THENCE S.43032'54"W., A 38 DISTANCE OF 57.02 FEET TO A POINT;THENCE S.0°59'39"E.,A DISTANCE OF 258.27 FEET TO 39 A POINT; THENCE S.160 46'44.2"E., A DISTANCE OF 199.60 FEET TO A POINT; THENCE 40 S.0059'39"E., A DISTANCE OF 102.20 FEET TO A POINT; THENCE S.44046'34"E., A DISTANCE 41 OF 14.45 FEET TO A POINT ON THE NORTHERLY LINE OF BOYNTON WEST ROAD 42 (FORMERLY OLD BOYNTON ROAD); THENCE N.89°46'34"W., ALONG SAID NORTHERLY 43 LINE, A DISTANCE OF 101.03 FEET TO A POINT; THENCE N.0059'39"W., A DISTANCE OF 44 146.55 FEET TO A POINT; THENCE N.45° 00'00"W.,A DISTANCE OF 214.15 FEET TO A POINT; 45 THENCE N.45000'00"E., A DISTANCE OF 130.95 FEET TO A POINT; THENCE N.45000'00"W., A 46 DISTANCE OF 383.00 FEET TO A POINT; THENCE S.45000'00"W., A DISTANCE OF 59.00 FEET 47 TO A POINT; THENCE DUE WEST, A DISTANCE OF 597.51 FEET TO A POINT; THENCE S.450 48 00'00"W.,A DISTANCE OF 120.50 FEET TO A POINT; THENCE N.45000'00"W.,A DISTANCE OF 49 31.50 FEET TO A POINT; THENCE S.45000'00"W., A DISTANCE OF 341.59 FEET TO A POINT; 50 THENCE 14.58 FEET ALONG A CURVE TO THE LEFT, HAVING A RADIUS OF 256.00 FEET 51 AND A CHORD OF 14.57 FEET, BEARING S.43022'07.2"E. TO A POINT; THENCE S.45000'00"E., 52 A DISTANCE OF 212.13 FEET TO A POINT; THENCE 25.00 FEET ALONG A CURVE TO THE 53 LEFT, HAVING A RADIUS OF 331.00 FEET AND A CHORD OF 24.99 FEET, BEARING 54 S.47009'49.5"E. TO A POINT; THENCE S.45000'00"W.,A DISTANCE OF 80.00 FEET TO A POINT; 55 THENCE S.00°13'26"W.,A DISTANCE OF 76.34 FEET TO A POINT ON THE NORTHERLY LINE 56 OF BOYNTON WEST ROAD (FORMERLY OLD BOYNTON ROAD); THENCE N.89046'34"W., 57 ALONG SAID NORTHERLY LINE, A DISTANCE OF 384.27 FEET TO THE POINT OF 58 INTERSECTION WITH THE EASTERLY LINE OF JAVERT STREET; THENCE N.0°51'51"W., 59 ALONG SAID EASTERLY LINE, A DISTANCE OF 1228.05 FEET TO A POINT; THENCE 60 S.87058'21"W., A DISTANCE OF 20.01 FEET TOA POINT; THENCE N.0051'51"W., A DISTANCE 61 OF 85.00 FEET TOA POINT; THENCE N.87058'21"E.,A DISTANCE OF 20.01 FEET TOA POINT; 62 THENCE N.0051'51"W., A DISTANCE OF 1191.23 FEET TO A POINT; THENCE N.88005'26"E., A 63 DISTANCE OF 2171.99 FEET TO A POINT; THENCE S.0059'39"E.,A DISTANCE OF 472.86 FEET 64 TO A POINT; THENCE N.88005'26"E., A DISTANCE OF 328.87 FEET TO A POINT ON THE 65 WESTERLY LINE OF CONGRESS AVENUE; THENCE S.0059'39"E., ALONG SAID WESTERLY 66 LINE, A DISTANCE OF 130.01 FEET TO A POINT; THENCE N.460 27'06"W., A DISTANCE OF 67 56.11 FEET TO A POINT; THENCE S.88005'26"W., A DISTANCE OF 430.00 FEET TO A POINT; 68 THENCE S.0059'39"E., A DISTANCE OF 609.99 FEET TO A POINT; THENCE N.88005'26"E., A 69 DISTANCE OF 430.00 FEET TO A POINT; THENCE N.43032'54"E., A DISTANCE OF 57.02 FEET 70 TO A POINT ON THE WESTERLY LINE OF CONGRESS AVENUE; THENCE S.0059'39"E., 71 ALONG SAID WESTERLY LINE, A DISTANCE OF 170.01 FEET TO A POINT; THENCE 72 N.46027'06"W.,A DISTANCE OF 56.11 FEET TO A POINT; THENCE S.88005'26"W.,A DISTANCE 73 OF 608.00 FEET TO A POINT; THENCE S.0059'39"E.,A DISTANCE OF 230.00 FEET TO A POINT; 74 THENCE N.880 05'26"E., A DISTANCE OF 340.00 FEET TO A POINT; THENCE S.0059'39"E., A 75 DISTANCE OF 150.00 FEET TO A POINT;THENCE S.88005'26"W.,A DISTANCE OF 340.00 FEET 76 TO A POINT; THENCE S.0059'39"E., A DISTANCE OF 229.99 FEET TO A POINT; THENCE 77 N.88005'26"E.,A DISTANCE OF 608.00 FEET TO A POINT;THENCE N.430 32'54"E.,A DISTANCE 78 OF 57.02 FEET TO A POINT ON THE WESTERLY LINE OF CONGRESS AVENUE; THENCE S.00 79 59'390"E., ALONG SAID WESTERLY LINE, A DISTANCE OF 130.01 FEET TO THE PRINCIPAL 80 POINT AND PLACE OF BEGINNING,TOGETHER WITH THE FOLLOWING FIVE(5)PARCELS: 81 82 1. (DILLARDS SITE): 83 A TRACT OF LAND LOCATED IN SECTION 19, TOWNSHIP 45 SOUTH, RANGE 43 EAST, 84 COUNTY OF PALM BEACH, FLORIDA AND FURTHER DESCRIBED AS FOLLOWS: 85 BEGINNING AT THE SOUTHEAST CORNER OF SECTION 19, TOWNSHIP 45 SOUTH, RANGE 86 43 EAST; THENCE N.00 59'39"W.,ALONG THE EAST LINE OF SAID SECTION 19,A C:AProgram Files(X86)ANeevia.Com\DocconverterproATemp\NVDC\C88EDD34-D2C9-4C59-BD22-20D7AFBCF6CA\Boynton Beach.145 5 4.1.Boynton_Beach_Mall_LUA_-_Ordinance.Docx Page 1086 of 1256 87 DISTANCE OF 1262.20 FEET TO A POINT; THENCE N.89°46'34"W.,A DISTANCE OF 60.01 88 FEET TO THE INTERSECTION OF THE WESTERLY RIGHT OF WAY LINE OF CONGRESS 89 AVENUE WITH THE NORTHERLY RIGHT OF WAY OF BOYNTON WEST ROAD (FORMERLY 90 OLD BOYNTON ROAD); THENCE N.89°46'34"W.,ALONG THE SAID NORTHERLY RIGHT OF 91 WAY LINE OF BOYNTON WEST ROAD,A DISTANCE OF 2175.25 FEET TO A POINT; 92 THENCE 164.62 FEET ALONG A CURVE TO THE RIGHT, SAID CURVE BEING THE 93 CENTERLINE OF MALL ENTRANCE "A",HAVING A RADIUS OF 210.65 FEET,AND A 94 CHORD OF 160.46 FEET, BEARING N.22-36'43"E., TO A POINT, SAID POINT BEING THE 95 INTERSECTION OF THE CENTERLINE OF ENTRANCE "A" AND THE CENTERLINE OF THE 96 MALL PERIPHERAL ROAD; THENCE N.45°00'00"W.,ALONG SAID CENTERLINE OF THE 97 MALL PERIPHERAL ROAD,A DISTANCE OF 185.86 FEET TO A POINT; THENCE 98 CONTINUING ALONG SAID PERIPHERAL ROAD CENTERLINE, 214.15 FEET ALONG A 99 CURVE TO THE RIGHT,HAVING A RADIUS OF 278.00 FEET AND A CHORD OF 208.89 FEET, 100 BEARING N.22055'56"W. TO A POINT; THENCE CONTINUING ALONG SAID PERIPHERAL 101 ROAD CENTERLINE,N.0051'51"W.,A DISTANCE OF 562.94 FEET TO A POINT; THENCE 102 N.89008'09"E.,A DISTANCE OF 17.50 FEET TO THE PRINCIPAL POINT AND PLACE OF 103 BEGINNING OF THE FOLLOWING DESCRIPTION: 104 105 THENCE DUE EAST,A DISTANCE OF 453.76 FEET TO A POINT; THENCE DUE SOUTH,A 106 DISTANCE OF 52.50 FEET TO A POINT; THENCE DUE EAST, A DISTANCE OF 102.74 FEET 107 TO A POINT; THENCE DUE SOUTH,A DISTANCE OF 272.00 FEET TO A POINT; THENCE 108 DUE WEST,A DISTANCE OF 82.84 FEET TO A POINT; THENCE S.45000'00"W.,A DISTANCE 109 OF 206.53 FEET TO A POINT; THENCE N.45000'00"W.,A DISTANCE OF 30.50 FEET TO A 110 POINT; THENCE S.45000'00"W.,A DISTANCE OF 356.00 FEET TO A POINT; THENCE 151.99 111 FEET ALONG A CURVE TO THE RIGHT,HAVING A RADIUS OF 256.00 FEET AND A CHORD 112 OF 149.68 FEET, BEARING N.17°51'43.4"W. TO A POINT; THENCE N.0°51'51"W.,A DISTANCE 113 OF 558.30 FEET TO THE PRINCIPAL POINT AND PLACE OF BEGINNING AND CONTAINING 114 6.12 ACRES OF LAND, MORE OR LESS, TOGETHER WITH. 115 116 2. (CHRIST FELLOWSHIP CHURCH): 117 A PARCEL OF LAND LYING IN SECTION 19, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM 118 BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: 119 120 COMMENCING AT THE CENTER OF SAID SECTION 19; THENCE N.87058'21"E.,A DISTANCE 121 OF 20.000 FEET TO A POINT; THENCE N.0051'51"W.,A DISTANCE OF 35.00 FEET TO A 122 POINT; THENCE N.87°58'21"E.,A DISTANCE OF 20.01 FEET TO A POINT; THENCE 123 N.0°51'51"W.,A DISTANCE OF 78.33 FEET TO A POINT; THENCE N.890 08'09"E.,A DISTANCE 124 OF 168.29 FEET TO THE PRINCIPAL POINT AND PLACE OF BEGINNING OF THE 125 FOLLOWING DESCRIPTION: 126 THENCE N.25014'17"E.,A DISTANCE OF 254.35 FEET TO A POINT; THENCE N.0053'26"W.,A 127 DISTANCE OF 357.40 FEET TO A POINT; THENCE 32013'52"E.,A DISTANCE OF 12.14 FEET 128 TO A POINT; THENCE DUE EAST,A DISTANCE OF 141.50 FEET TO A POINT; THENCE DUE 129 NORTH,A DISTANCE OF 33.37 FEET TO A POINT; THENCE DUE EAST,A DISTANCE OF 130 257.34 FEET TO A POINT; THENCE DUE SOUTH,A DISTANCE OF 194.18 FEET TO A POINT; 131 THENCE DUE EAST,A DISTANCE OF 80.00 FEET TO A POINT; THENCE S.0000'30"W.,A 132 DISTANCE OF 275.55 FEET TO A POINT; THENCE N.89058'24"W.,A DISTANCE OF 123.07 133 FEET TO A POINT; THENCE S.00 01'36"W.,A DISTANCE OF 201.00 FEET TO A POINT; 134 THENCE DUE WEST,A DISTANCE OF 177.03 FEET TO A POINT; THENCE DUE SOUTH,A 135 DISTANCE OF 62.83 FEET TO A POINT; THENCE DUE WEST,A DISTANCE OF 265.55 FEET 136 TO A POINT; THENCE N.23058'07"W.,A DISTANCE OF 55.20 FEET TO A POINT; THENCE 137 DUE NORTH,A DISTANCE OF 52.00 FEET TO THE PRINCIPAL POINT AND THE PLACE OF 138 BEGINNING AND CONTAINING 7.16 ACRES OF LAND, MORE OR LESS, TOGETHER WITH. 139 140 3. (THEATER SITE): C:AProgram Files(X86)ANeevia.Com\DocconverterproATemp\NVDC\C88EDD34-D2C9-4C59-BD22-20D7AFBCF6CA\Boynton Beach.145 5 4.1.Boynton_Beach_Mall_LUA_-_Ordinance.Docx Page 1087 of 1256 141 A TRACT OF LAND LOCATED IN SECTION 19, TOWNSHIP 45 SOUTH, RANGE 43 EAST, 142 COUNTY OF PALM BEACH, FLORIDA AND FURTHER DESCRIBED AS FOLLOWS: 143 COMMENCE AT THE SOUTHEAST CORNER OF SECTION 19, TOWNSHIP 45 SOUTH, RANGE 144 43 EAST;THENCE N.00°59'39"W.ALONG THE EAST LINE OF SAID SECTION 19,A DISTANCE 145 OF 2643.10 FEET TO A POINT;THENCE S.89°00'21"W.,A DISTANCE OF 60.00 FEET TO A POINT 146 ON THE WESTERLY RIGHT-OF-WAY LINE OF CONGRESS AVENUE; THENCE S.88°05'26"W. 147 ALONG THE CENTERLINE OF MALL ENTRANCE ROAD "D",A DISTANCE OF 850.00 FEET TO 148 A POINT, SAID POINT BEING THE INTERSECTION OF THE CENTERLINE OF MALL 149 ENTRANCE ROAD "D" AND THE CENTERLINE OF THE MALL PERIPHERAL ROAD; THENCE 150 S.00059'39"E., ALONG THE SAID CENTERLINE OF THE MALL PERIPHERAL ROAD, A 151 DISTANCE OF 189.01 FEET TO A POINT; THENCE S.89°00'21"W.,A DISTANCE OF 22.00 FEET; 152 THENCE N.0059'39"W.,A DISTANCE OF 828.34 FEET TO THE POINT OF BEGINNING;THENCE 153 S.00 59'39"E., A DISTANCE OF 448.19 FEET TO THE POINT OF A CURVE CONCAVE TO THE 154 NORTHWEST AND HAVING A RADIUS OF 25.00 FEET AND A CHORD DISTANCE OF 35.66 155 FEET BEARING OF S.44°30'10"W.; THENCE RUN SOUTHWESTERLY ALONG THE ARC OF 156 SAID CURVE THROUGH A CENTRAL ANGLE OF 90°59'38" FOR A DISTANCE OF 39.70 FEET; 157 THENCE DUE WEST, A DISTANCE OF 215.64 FEET TO THE POINT OF CURVATURE OF A 158 CURVE CONCAVE TO THE NORTHEAST AND HAVING A RADIUS OF 25.00 FEET AND 159 CHORD DISTANCE OF 35.36 FEET BEARING N.450 00'00"W., THENCE RUN 160 NORTHWESTERLY ALONG THE ARC OF SAID CIRCULAR CURVE THROUGH A CENTRAL 161 ANGLE OF 90000'00" FOR A DISTANCE OF 39.27 FEET; THENCE DUE NORTH, A DISTANCE 162 OF 172.39 FEET; THENCE DUE WEST, A DISTANCE OF 3 0.10 FEET; THENCE DUE NORTH, A 163 DISTANCE OF 109.10 FEET; THENCE DUE EAST 30.10 FEET; THENCE DUE NORTH, A 164 DISTANCE OF 180.71 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE 165 SOUTHEAST AND HAVING A RADIUS OF 20.00 FEET AND A CHORD DISTANCE OF 15.39 166 FEET BEARING N.220 38'04"E., THENCE NORTHEASTERLY, ALONG THE ARC OF SAID 167 CURVE THROUGH A CENTRAL ANGLE OF 45016'09" FOR A DISTANCE OF 15.80 FEET' 168 THENCE N.45°16'09"E., A DISTANCE OF 4.62 FEET TO THE POINT OF CURVATURE OF A 169 CURVE CONCAVE TO THE SOUTHEAST AND HAVING A RADIUS OF 18.00 FEET AND A 170 CHORD DISTANCE OF 24.03 FEET BEARING N.87008'14"E.; THENCE RUN ALONG THE ARC 171 OF SAID CIRCULAR CURVE THROUGH A CENTRAL ANGLE OF 83044'10" FOR A DISTANCE 172 OF 26.31 FEET TO THE POINT OF REVERSE CURVE OF A CURVE CONCAVE TO THE 173 NORTHEAST AND HAVING A RADIUS OF 39.15 FEET AND A CHORD DISTANCE OF 26.14 174 FEET BEARING S.700 29'50"E.;THENCE RUN ALONG THE ARC OF SAID CURVE THROUGH A 175 CENTRAL ANGLE OF 39000'19" FOR A DISTANCE OF 26.65 FEET; THENCE S.89059'59"E., A 176 DISTANCE OF 198.62 FEET TO A POINT ON A NON-TANGENT CURVE CONCAVE TO THE 177 SOUTHWEST AND HAVING A RADIUS OF 281.00 FEET AND A CHORD DISTANCE OF 23.62 178 FEET BEARING S.3024'10"E.; THENCE RUN ALONG THE ARC OF SAID CIRCULAR CURVE 179 THROUGH A CENTRAL ANGLE OF 40 49'02" FOR A DISTANCE OF 23.63 FEET TO THE POINT 180 OF BEGINNING. CONTAINING 3.065 ACRES MORE OF LESS, TOGETHER WITH. 181 182 4. (PARCEL B): 183 NON-EXCLUSIVE EASEMENTS FOR THE BENEFIT OF PARCEL A ABOVE,CREATED BY AND 184 MORE PARTICULARLY DESCRIBED IN THE EASEMENT AND OPERATING AGREEMENT BY 185 AND AMONG FEDERATED DEPARTMENT STORES, INC, ASSOCIATED DRY GOODS 186 CORPORATION, MACY'S NEW YORK, INC. AND BOYNTON-JCP ASSOCIATES, LTD., 187 RECORDED IN OFFICIAL RECORDS BOOK 4379, PAGE 334; AS ASSIGNED BY MACY'S NEW 188 YORK, INC. TO MACY'S ATLANTA, INC. BY THE ASSIGNMENT AND ASSUMPTION 189 AGREEMENT RECORDED IN OFFICIAL RECORDS BOOK 5875, PAGE 752; AS ASSIGNED BY 190 ASSOCIATED DRY GOODS CORPORATION TO MERVYN'S BY THE ASSIGNMENT AND 191 ASSUMPTION AGREEMENT RECORDED IN OFFICIAL RECORDS BOOK 6719, PAGE 867; AS 192 MODIFIED BY THE FIRST AMENDMENT RECORDED IN OFFICIAL RECORDS BOOK 8852, 193 PAGE 1598;AS ASSIGNED BY MERVYN'S TO DILLARD DEPARTMENT STORES,INC. BY THE 194 ASSIGNMENT AND ASSUMPTION AGREEMENT RECORDED IN OFFICIAL RECORDS BOOK C:AProgram Files(X86)ANeevia.Com\DocconverterproATemp\NVDC\C88EDD34-D2C9-4C59-BD22-20D7AFBCF6CA\Boynton Beach.145 5 4.1.Boynton_Beach_Mall_LUA_-_Ordinance.Docx Page 1088 of 1256 195 9751,PAGE 1807;AS ASSIGNED BY MACY'S PRIMARY REAL ESTATE,INC.TO MACY'S EAST, 196 INC., BY THE ASSIGNMENT AND ASSUMPTION AGREEMENT RECORDED IN OFFICIAL 197 RECORDS BOOK 11259, PAGE 1885; AS MODIFIED BY THE SECOND AMENDMENT 198 RECORDED IN OFFICIAL RECORDS BOOK 13121,PAGE 1747;AND AS ASSIGNED BY MACY'S 199 EAST,INC. TO BOYNTON-JCP ASSOCIATES,LTD. BY THE ASSIGNMENT AND ASSUMPTION 200 OF REA RECORDED IN OFFICIAL RECORDS BOOK 18077, PAGE 1413, ALL OF THE PUBLIC 201 RECORDS OF PALM BEACH COUNTY, FLORIDA, TOGETHER WITH. 202 203 5. (MACY'S SITE): 204 A TRACT OF LAND LOCATED IN SECTION 19, TOWNSHIP 45 SOUTH, RANGE 43 EAST, 205 COUNTY OF PALM BEACH, FLORIDA,AND FURTHER DESCRIBED AS FOLLOWS: 206 BEGINNING AT THE SOUTHEAST CORNER OF SECTION 19, TOWNSHIP 45 SOUTH, RANGE 207 43 EAST;THENCE N.00°59'39"W.,ALONG THE EAST LINE OF SAID SECTION 19,A DISTANCE 208 OF 1,262.20 FEET TO A POINT; THENCE N.89°46'34"W., A DISTANCE OF 60.01 FEET TO THE 209 INTERSECTION OF THE WESTERLY RIGHT OF WAY LINE OF CONGRESS AVENUE WITH 210 THE NORTHERLY RIGHT OF WAY LINE OF BOYNTON WEST ROAD (FORMERLY OLD 211 BOYNTON ROAD); THENCE N.89°46'34"W.,ALONG THE SAID NORTHERLY RIGHT OF WAY 212 LINE OF BOYNTON WEST ROAD, A DISTANCE OF 923.56 FEET TO THE PRINCIPAL POINT 213 AND PLACE OF BEGINNING OF THE FOLLOWING DESCRIPTION: 214 THENCE CONTINUING N.89°46'34"W.,ALONG THE SAID NORTHERLY RIGHT OF WAY LINE 215 OF BOYNTON WEST ROAD, A DISTANCE OF 1,198.98 FEET TO A POINT; THENCE 216 N.000 13'26"E.,A DISTANCE OF 76.34 FEET TO A POINT; THENCE N.45000'00"E.,A DISTANCE 217 OF 80.00 FEET TO A POINT; THENCE 25.00 FEET ALONG A CURVE TO THE RIGHT, HAVING 218 A RADIUS OF 331.00 FEET AND A CHORD OF 24.99 FEET BEARING N.47009'49.5"W., TO A 219 POINT; THENCE N.45000'00"W., A DISTANCE OF 212.13 FEET TO A POINT; THENCE 14.58 220 FEET HAVING A CURVE TO THE RIGHT,HAVING A RADIUS OF 256.00 FEET AND A CHORD 221 OF 14.57 FEET BEARING N.43022'07.2"W., TO A POINT; THENCE N.45000'00"E., A DISTANCE 222 OF 341.59 FEET TO A POINT;THENCE S.45000'00"E.,A DISTANCE OF 31.50 FEET TO A POINT; 223 THENCE N.45000'00"E., A DISTANCE OF 120.50 FEET TO A POINT; THENCE DUE EAST, A 224 DISTANCE OF 597.51 FEET TO A POINT; THENCE N.45000'00"E., A DISTANCE OF 59.00 FEET 225 TO A POINT; THENCE S.45000'00"E., A DISTANCE OF 383.00 FEET TO A POINT; THENCE 226 S.45000'00"W.,A DISTANCE OF 130.95 FEET TO A POINT;THENCE S.45000'00"E.,A DISTANCE 227 OF 214.15 FEET TO A POINT; THENCE S.0059'39"E., A DISTANCE OF 146.55 FEET TO THE 228 PRINCIPAL PLACE OF BEGINNING AND CONTAINING 15.41 ACRES OF LAND, MORE OR 229 LESS. 230 231 LESS AND EXCEPT: 232 A TRACT OF LAND LOCATED IN SECTION 19, TOWNSHIP 45 SOUTH, RANGE 43 EAST, 233 COUNTY OF PALM BEACH, FLORIDA,AND FURTHER DESCRIBED AS FOLLOWS: 234 COMMENCING AT THE CENTER OF SAID SECTION 19; THENCE N.87058'21"E., ALONG 235 THE EAST-WEST QUARTER SECTION LINE OF SAID SECTION 19, A DISTANCE OF 20.00 236 FEET; THENCE N.0°51'51"W., ALONG A LINE 20.00 FEET EAST OF AND PARALLEL TO 237 THE WEST LINE OF THE NORTHEAST QUARTER (N.E.1/4) OF SAID SECTION 19, A 238 DISTANCE OF 35.00 FEET; THENCE N.87058'21"E., A DISTANCE OF 20.01 FEET TO THE 239 PRINCIPAL POINT OF BEGINNING; THENCE CONTINUE N.87058'21"E., A DISTANCE OF 240 35.64 FEET; THENCE N.25014'17"E., A DISTANCE OF 362.64 FEET; THENCE N.0053'26"W., 241 A DISTANCE OF 362.94 FEET; THENCE N.32013'52"E., A DISTANCE OF 315.12 FEET; 242 THENCE N.0001'27"E., A DISTANCE OF 244.69 FEET TO A POINT ON THE SOUTH RIGHT 243 OF WAY LINE OF THE BOYNTON CANAL; THENCE S.88005'26"W., ALONG SAID SOUTH 244 RIGHT OF WAY LINE, A DISTANCE OF 370.95 FEET TO A POINT ON A LINE 40.00 FEET 245 EAST OF AND PARALLEL TO THE WEST LINE OF THE NORTHEAST QUARTER(N.E.1/4) 246 OF SAID SECTION 19; THENCE S.0°51'51"E.,ALONG SAID PARALLEL LINE,A DISTANCE 247 OF 1191.23 FEET TO THE PRINCIPAL POINT OF BEGINNING AND CONTAINING 6.24 248 ACRES OF LAND MORE OR LESS. C:AProgram Files(X86)ANeevia.Com\DocconverterproATemp\NVDC\C88EDD34-D2C9-4C59-BD22-20D7AFBCF6CA\Boynton Beach.145 5 4.1.Boynton_Beach_Mall_LUA_-_Ordinance.Docx Page 1089 of 1256 249 250 is amended from Development of Regional Impact(DRI)to: MIXED USE LOW (MXL). 251 Section 3: This Ordinance shall take effect on adoption, subject to the review, challenge, 252 or appeal provisions provided by the Florida Local Government Comprehensive Planning and 253 Land Development Regulation Act. No party shall be vested of any right by virtue of the 254 adoption of this Ordinance until all statutory required review is complete and all legal challenges, 255 including appeals, are exhausted. In the event that the effective date is established by state law 256 or special act, the provisions of state act shall control. 257 FIRST READING this day of , 2019. 258 SECOND, FINAL READING and PASSAGE this day of , 2019. 259 CITY OF BOYNTON BEACH, FLORIDA 260 YES NO 261 262 263 Mayor— Steven B. Grant 264 265 Vice Mayor— Christina L. Romelus 266 267 Commissioner—Mack McCray 268 269 Commissioner—Justin Katz 270 271 Commissioner—Aimee Kelley 272 273 VOTE 274 ATTEST: 275 276 277 Judith A. Pyle, CMC 278 City Clerk 279 280 (Corporate Seal) 281 C:AProgram Files(X86)ANeevia.Com\DocconverterproATemp\NVDC\C88EDD34-D2C9-4C59-BD22-20D7AFBCF6CA\Boynton Beach.145 5 4.1.Boynton_Beach_Mall_LUA_-_Ordinance.Docx Page 1090 of 1256 I ORDINANCE NO. 19 - 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, 4 FLORIDA APPROVING AN AMENDMENT TO POLICY 5 1.3.1 b "DEVELOPMENT OF REGIONAL IMPACT 6 (DRI)" OF THE FUTURE LAND USE ELEMENT OF 7 THE COMPREHENSIVE PLAN TO DELETE THE 8 BOYNTON BEACH MALL DRI FROM THE LIST OF 9 DRI-CLASSIFIED SITES; PROVIDING FOR 10 CONFLICTS, SEVERABILITY, AND AN EFFECTIVE 11 DATE. 12 13 WHEREAS, the City Commission of the City of Boynton Beach, Florida 14 ("City") has adopted a Comprehensive Plan, and as part of said plan, adopted Policy 15 1.3.1, pursuant to Ordinance 89-38 in accordance with the Local Government 16 Comprehensive Planning Act; and 17 WHEREAS, the proposed future land use amendment, changing the Mall's 18 future land use classification from Development of Regional Impact (DRI) to Mixed 19 Use Low (MXL), has been initiated by City staff in preparation for the site's future 20 redevelopment and requires an amendment to the above reference policies of the 21 Future Land Use Element of the Comprehensive Plan removing the Boynton Beach 22 Mall DRI from the list of DRI-classified sites; and 23 WHEREAS, after public hearing, the City Commission deems it to be in the 24 best interest of the inhabitants of the City to amend the text of the City's 25 Comprehensive Plan by amending Policy 1.3.lb as provided herein; and 26 WHEREAS, the City Commission finds that the adoptions of these 27 Comprehensive Plan Amendments are in the best interest of the health, safety and 28 welfare of the citizens and residents of the City of Boynton Beach. 29 NOW THEREFORE,BE IT ORDAINED BY THE CITY COMMISSION 30 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 31 Section 1. The foregoing Whereas clauses are true and correct and are now 32 ratified and confirmed by the City Commission. 33 Section 2. That the Comprehensive Plan, Policy 1.3.1(b), is hereby 34 amended by adding the words and figures in underlined type and by deleting the words 35 and figures in struck-through type, as follows: C:AProgram Files(x86)\neevia.com\docConverterPro\temp\NVDC\B9D5D9FD-E313-4C6A-BD51- 3E 194F08A930\Boynton Beach.14555.I.Text_Amendment_1.3.1_b_remove_Boynton_Beach_Mall_DRI_-_Ordinance.docx 1 Page 1091 of 1256 I Policy 1.3.1 b Development of Regional Impact(DRI) 2 3 ... 4 5 Consistent with the Renaissance Commons DRI Development Order, 6 the approved land uses and intensities shall be as follow: 7 Land Use Minimum-Maximum Intensity High density Residential 1,085 du to 2,016 du Office Commercial 173,460 sf to 322,140 sf Local Retail/General Commercial 149,100 sf to 276,900 sf 8 Traffic generation for the Renaissance Commons DRI shall not exceed 9 1,634 p.m. peak hour trips (For compliance with Article 12, Traffic 10 Performance Standards of the Palm Beach County Unified Land 11 Development Code). 12 13 , 14 , 15 , is a 16 sifigle use retail mail. 17 18 , 19 . 20 Land rl Use Minimum Maximum inte*sity 21 *(;FE)ss Leasable A,,e 22 23 24 , 25 26 . 27 28 3. The Quantum Park (fka Boynton Beach Park of Commerce) 29 Development of Regional Impact(DRI) approved by City of Boynton 30 Beach Ordinance 84-51, and most recently amended by Ordinance 12- 31 001, is a mixed use project containing industrial, office, commercial, 32 residential and governmental/institutional uses. 33 34 Consistent with the Quantum Park DRI Development Order, the 35 approved land uses and intensities shall be as follows: 36 ... 37 CAAProgram Files(x86)\neevia.com\docConverterPro\temp\NVDC\B9D5D9FD-E313-4C6A-BD51- 3E 194F08A930\Boynton Beach.14555.LText—Amendment—1.3.1—b—remove Boynton—Beach—Mall—DRI---Ordinance.docx 2 Page 1092 of 1256 I Section 4. All laws and ordinances applying to the City of Boynton Beach 2 in conflict with any provisions of this Ordinance are hereby repealed. 3 4 Section 5. Should any section or provision of this Ordinance or any 5 portion thereof be declared by a court of competent jurisdiction to be invalid, such 6 decision shall not affect the remainder of this Ordinance. 7 8 Section 6. The effective date of this plan amendment shall be: The date a 9 final order is issued by the Department of Community Affairs finding the amendment 10 to be in compliance in accordance with Chapter 163.3184, F.S.; or the date a final 11 order is issued by the Administration Commission finding the amendment to be in 12 compliance in accordance with Section 163.3184, F.S. 13 14 FIRST READING this day of , 2019. 15 SECOND, FINAL READING AND PASSAGE this day of 2019. 16 17 CITY OF BOYNTON BEACH, FLORIDA 18 19 YES NO 20 21 22 Mayor— Steven B. Grant 23 24 Vice Mayor— Christina L. Romelus 25 26 Commissioner—Mack McCray 27 28 Commissioner—Justin Katz 29 30 Commissioner—Aimee Kelley 31 32 VOTE 33 ATTEST: 34 35 36 Judith A. Pyle, CMC 37 City Clerk 38 39 40 (Corporate Seal) 41 C:AProgram Files(x86)\neevia.com\docConverterPro\temp\NVDC\B9D5D9FD-E313-4C6A-BD51- 3E 194F08A930\Boynton Beach.14555.I.Text_Amendment_1.3.1_b_remove_Boynton_Beach_Mall_DRI_-_Ordinance.docx 3 Page 1093 of 1256 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 18-064 STAFF REPORT TO: Chair and Members Planning and Development Board THRU: Ed Breese Planning and Zoning Administrator FROM: Hanna Matras, Senior Planner DATE: December 7, 2018 PROJECT: Boynton Beach Mall's Future Land Use Map Amendment (LUAR 19-002) and related Comprehensive Plan's Text Amendment (CPTA 19-001) REQUEST: Approve Boynton Beach Mall Future Land Use Map Amendment from Development of Regional Impact (DRI) to Mixed Use Low (MXL) and the Comprehensive Plan's Future Land Use Element text amendment to delete the Boynton Beach Mall DRI from the list of DRI-classified sites. City-initiated. PROJECT DESCRIPTION Property Owners: Boynton Beach Mall, LLC (owned by Washington Prime Group, LLC)—four (4) parcels; remaining parcels owned by Macy's Florida Stores, LLC; Regional Enterprises, LLC; Dillard's, Inc.; Istar Florida 2015 Cinemas, LLC; and Christ Fellowship Church, Inc. (Exhibit "Al") Applicant: City of Boynton Beach Location: Area bounded by Boynton Canal on the north, Old Boynton Road on the south, developed commercial properties/Congress Avenue on the east, LWDD L-23 Canal on the northwest and Javert Street on the southwest (Exhibit "A2") Existing Land Use/ Development of Regional Impact (DRI), Exhibit "B" / Zoning: C-3, Community Commercial (Exhibit "D"); Proposed Land Use/ Mixed Use Low (MXL), Exhibit "C") / Zoning: No change in zoning Page 1094 of 1256 Page 2 Boynton Beach Mall LUAR 19-002 Acreage: +/- 108.30 acres Adjacent Uses: North: Right-of-way for Boynton Canal; farther to the northwest, a mobile home community Sand and Sea Village in the unincorporated Palm Beach County, classified HR-8 High Residential and zoned RS, Residential Single Family; to the northeast, Savanah Lakes Apartments, classified Medium Density Residential (MeDR) and zoned PUD, Planned Unit Development, and farther east, Courtyard By Mariott Boynton Beach Hotel, classified Local Retail Commercial (LRC) and zoned C-3, Community Commercial; South: Right-of-way for Old Boynton Road, and farther south, Walmart and other developed commercial properties, classified Local Retail Commercial (LRC) and Office Commerical (OC) and zoned C-3, Community Commercial and C-1, Office Commercial; East: Developed commercial office and retail properties, then right-of- way for Congress Avenue; farther east-northeast, developed commercial outparcels of the the mixed use development of Boynton Village, classified Mixed Use Low (MXL) and zoned SMU, Suburban Mixed Use; to the southeast, commercial development of Town Center, classified Local Retail Commercial (LRC) and zoned C-3, Community Commercial; and West: To the southwest, right-of-way for Javert Street; farther west, developed single-family home subdivision of West Boynton in the unincorporated county, classified Medium Residential (MR) and zoned RS, Residential Single Family; to the northwest, LWDD L- 23 Canal and then a pine preserve area, classified Recreational (R) and zoned REC, Recreation. BACKGROUND The Boynton Beach Mall (the Mall), an enclosed shopping center, is a Development of Regional Impact (DRI) pusuant to the provisions of Chapter 380.06 of the Florida Statutes. It was approved as a DRI by Palm Beach County through issuance of Development Order dated May 7, 1974 (Resolution No. 74-343). The Development Order included 10 (ten) impact-mitigating conditions, with 7 (seven) pertaining to road improvements/traffic circulation and a requirement that the pine area located in the northwest area of the site be preserved. 2 Page 1095 of 1256 Page 3 Boynton Beach Mall LUAR 19-002 THE SITE The Mall is bounded by Javert Street on the southwest, LWDD L-23 Canal on the northwest, North Congress Avenue on the east, Boynton Canal on the north and Old Boynton Road on the south. The four parcels owned by the Boynton Beach Mall LLC comprise the largest part of the area under consideration (the company also owns the pine preserve area, which will retain its current future land use of Recreational). The other property owners are Macy's Florida Stores, Regional Enterprises, Dillard's, Istar Florida 2015 Cinemas and Christ Fellowship Church. The Mall's main, single-story structure houses the anchor retail tenants of Macy's, Dillards, JCPenney and Sears as well as the Christ Fellowship Church. The other two buildings are the Cinemark Boynton Beach movie theater and Sears Auto Center. The current mall includes 1,074,939 sq. ft. GLA (gross leasable area) of retail and 79,500 sq.ft. GFA (gross floor area) of theater, for a total of 1,154,439 sq.ft.. THE BRIEF HISTORY OF THE MALL • 1982: The City annexes the property with the proposed development (Ordinance No. 82-38); adopts a development order for the Boynton Beach Mall permitting 1,108,000 GLA retail (consistent with the Palm Beach County's Resolution No. 74- 343); approves Future Land Use amendment for the property from the Palm Beach County's Commercial Potential to the City's Local Retail (Ordinance No. 82-41) and rezoning from the County's CG General Commercial to the City's C-3 Community Commercial (Ordinance No. 82-44). Outparcels fronting North Congress Avenue are also annexed, and likewise reclassified/rezoned to the same categories. • 1985: The Mall opens on October 2nd • 1988: The City annexes a 5.83 acre parcel included in the original DRI area as a pine preserve area (Ordinance No. 88-11), giving the property Recreational (R) future land use classification and REC (Recreation) zoning designation in 1991. Amendments to the Boynton Beach Mall DRI Development Order (1989-2005) • 1989: Amendments allow for the increase of the retail GLA from 1,108,000 to 1,244,449 sq. ft. to accommodate addition of the Sears store (Resolution No. 89- U U U, 12/19/89). Amendments are appealed by the state planning agency (the former Department of Community Affairs) and the Treasure Coast Regional Planning Council for inadequate protection of the pine area, and deficiencies pertaining to drainage and mitigation of traffic impacts. 3 Page 1096 of 1256 Page 4 Boynton Beach Mall LUAR 19-002 • 1991: Amendments reflect settlement of the above mentioned appeal. The developer revises the site plan and agrees to preserve the native habitat in the area in perpetuity through Restrictive Covenants. Additional conditions include requirements pertaining to littoral zone planting design and management plan and hazardous materials management plan (Resolution No. 91-37, 3/5/91). • 1996/1998: Amendments extend the buildout date and include revisions to the transportation mitigation conditions (Resolution No. 96-26, 2/20/96 and Resolution No. 98-123). • 2005: Amendments provide for a conversion of 169,510 square feet of the existing retail GLA (through the demoliton of the Macy's store, which relocated to the former Burdines' space) to a 79,500 square foot multi-screen movie theater with 3,650 seats, and the addition of 17,528 of new retail space (Resolution No. 05-049). The overall square footage is reduced from 1,244,449 to 1,154,439. Amendment to Boynton Beach Mall FLU with DRI as New FLU Category (2008) In 2004, the City approved the amendment to the text of the Comprehensive Plan's Future Land Use Element establishing a Development of Regional Impact (DRI) as a future land use classification (Ordinance No. 04-012). The new DRI FLU category was a solution generated in collaboration with Florida Department of Community Affairs, the former state land planning agency; it addressed the absence of a mixed use classification applicable for property outside downtown area where such classification already existed. The DRI FLU was defined separately for the City's three (3) DRIs, using the density, intensity and traffic generation limits for each as approved in the respective DRI development orders. Initially, the DRI FLU was only applied to one of the three sites, Motorola DRI, which redeveloped under the name of Renaissance Commons. The two remaining DRIs, Quantum and Boynton Beach Mall, were not reclassified till 2008, as a part of the state- mandated Evaluation and Appraisal (EAR)-based Comprehensive Plan text and map amendments (Ordinance No. 08-007). The pine preserve—a part of the Boynton Beach Mall DRI—retained its Recreation (R) FLU category. Expiration of Boynton Beach Mall DRI Development Order (2012) The initial termination date of the Boynton Beach Mall DRI Development Order was set for December 31, 2010. However, prior to that date, in 2009, the mall owner requested and was granted a two (2) – year extension pursuant to the Community Renewal Act, a growth management law that intended, among other things, to assist local communities' economic recovery after the period of inactivity forced by the "Great Recession." Ultimately, the development order expired on December 12, 2012. 4 Page 1097 of 1256 Page 5 Boynton Beach Mall LUAR 19-002 Purchase of Dillard's Property by Christ Fellowship Church (2012) In December of 2012, Christ Fellowship Church (CFC) purchased one of the two Dillard's properties. The CFC became one of a growing number of churches locating in vacant or obsolete former commercial spaces such as malls and abandoned "big-box" buildings, taking advantage of lower cost of remodeling a vacant building rather than constructing a new facility. Washington Prime Group Takes Over the Mall (2014) In 2014, Simon Property Group, the Mall's owner, spun off their lower-tier mall assets, including the Boynton Beach property, to an entity known as Washington Prime Group. THE PROPOSED ACTION AND THE PROCESS This action—the future land use amendment changing the Mall's future land use classification from Development of Regional Impact (DRI) to Mixed Use Low (MXL)— has been initiated by City staff in preparation for the site's future redevelopment. While the redevelopment will likely proceed in phases and involve site planning for each, the rezoning will be processed concurrently with a master plan for the entire site. There is at present no master plan application. The subject amendment to the Future Land Use Map (FLUM) is accompanied by the concurrently processed amendment to the Comprehensive Plan's Future Land Use Element (CPTA 19-001), which eliminates the Boynton Beach Mall DRI from the list of DRI-classified sites. Since the size of the property under consideration exceeds ten acres, both the proposed FLUM amendment and the concurrent text amendments to the Future Land Use Element are subject to the Expedited State Review Process per provisions of Chapter 163.3184(3) and (5), Florida Statutes. If the Commission approves the proposed amendments, they will be transmitted for review to the Florida Department of Economic Opportunity (DEO), the state land planning agency. The final adoption by the City Commission is tentatively planned for April 2019. REVIEW BASED ON CRITERIA The following analysis adresses all the criteria for review of Comprehensive Plan Map amendments and rezonings listed in the Land Development Regulations, Chapter 2, Article II, Section 2.13.3 and Section 2.D.3. a. Demonstration of Need. A demonstration of need may be based upon changing conditions that represent a demand for the proposed land use classification and zoning district. Appropriate data and analysis that adequately substantiates the need for the proposed land use amendment and rezoning must be provided within the application. 5 Page 1098 of 1256 Page 6 Boynton Beach Mall LUAR 19-002 There are several factors contributing to the need for the proposed amendment: • Development order for Boynton Beach Mall DRI expired. The Future Land Use Element's definition of the DRI future land use for the Mall includes minimum and maximum intensity of retail/commercial development measured in square feet of gross leasable space as approved by the DRI development order. Since the subject development order expired, this definition no longer has actionable meaning and will be eliminated. Concurrently, the Mall would be assigned a new FLU of Mixed Use Low. • Enclosed mall as model for a shopping center has become obsolete. Boynton Beach Mall has been ailing for several years, as shown by the the Palm Beach County Property Appraiser's annual "Top Taxpayers" reports for the City. There was an especially sharp drop in appraised value of Boynton Mall LLC properties between 2016 and 2017—nearly $13 million, from $46,339,832 to $33,517,168, as the mall's anchors JC Penney and Sears continued to suffer declining sales. Closures of traditional enclosed malls in the U.S. have been reported for over a decade. Some of these malls are able to reinvent themselves to become "lifestyle shopping" mixed use projects or outlet centers, some are redeveloped as health or conference facilities, and some have accommodated nontraditional tenants such as churches and schools. The Outlook section in the Cushman & Wakefield U.S. Shopping Center report for the first quarter of 2018 states: "The gap will widen between mall classes (...). Class 8 will look at non-traditional mall tenants and innovation to survive (...). Closures of weakest malls and centers will ramp up in the second half of 2018. The reinvention of these dying malls as mixed use projects will gain momentum in 2019 and beyond." The proposed Mixed Use Low FLU reclassification (and subsequent rezoning) will provide flexibility in both uses and design to allow the Mall to "reinvent" itself. The variety of options MXL offers is crucial to the successful redevelopment of the property and the continued success of the entire Congress Avenue commercial hub. • The Mall's current zoning is not conducive for redevelopment The Mall's current zoning is C-3, Community Commercial, a conventional zoning district under the Local Retail Commercial (LRC) future land use. Neither provides appropriate framework for creativity and flexibility in design that the property needs to be successfully redeveloped. • Mall redevelopment is included in City's strategic plans The City's Strategic Plan 2018-2022 lists the Mall's redevelopment as item #18 in the 6 Page 1099 of 1256 Page 7 Boynton Beach Mall LUAR 19-002 portfolio of strategic projects starting FY2018-2019. The document notes that the redevelopment of the Mall site will be part of a future planning effort embracing an area tentatively referred to as the Congress Avenue Corridor District. As expected, the need for improvements/redevelopment of the Mall was also recognized by the City's 2016-2021 Economic Development Strategic Plan (Goal 4, Objective 4.2) b. Consistency. Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would be consistent with the purpose and intent of, and promote, the applicable Comprehensive Plan policies, Redevelopment Plans, and Land Development Regulations. Consistency with Comprehensive Plan and strategic plans The proposed FLUM amendment is consistent with the intent of several Comprehensive Plan Future Land Use Element policies, including: Policy 1.3.1 d Mixed Use category shall provide for the vertical or horizontal mixing of land uses within a single site in order to allow development and redevelopment in specific geographic areas of the City that take maximum advantage of existing utility systems and services, and promote compact development, safe and pedestrian-friendly streets, and provide transportation choices. Policy 1.7.4 By the end of 2017, the City shall evaluate a need for redevelopment plans for specific areas of the City that are not within the City's designated Community Redevelopment Area. If an evaluation determines such a need, the development of such plans shall be added to staff work program. Policy 1.8.2 The City shall discourage urban sprawl by, A. Continuing to promote compact developments within the City's utility service areas, while requiring the maximization of all public services for each development in the most cost effective manner possible, and B. Requiring, in all future development and redevelopment in the City, land use patterns that are non-strip in nature and demonstrate the ability to attract and encourage a functional mix of uses. As per the response to criterion "a," the proposed amendment is also consistent with, and initiates the implementation of, the objectives of the City's Strategic Plan 2018-2022 and the 2016-2021 Economic Development Strategic Plan pertaining to redevelopment of Boynton Beach Mall. 7 Page 1100 of 1256 Page 8 Boynton Beach Mall LUAR 19-002 In 2019, pursuant to Policy 1.7.4, staff will resume work—initiated in 2018—on a comprehensive redevelopment plan for the Congress Avenue corridor. Since the proposed Mixed Use Low is the only mixed use classification for lands west of Interstate 95, it will be a clear choice as the plan's FLU recommendation for the site. Moreover, the incoming master plan for the Mall will be reviewed with the anticipated recommendations regarding the FLU, connectivity and overall design for the nearby corridor areas in sight. Consistency with Land Development Regulations (LDR) The consistency with the LDRs and the need for any Code reviews— potentially required given the size and complexity of the project—will be assessed at the master plan/rezoning phase of the project. The sole zoning distict corresponding to the proposed MXL future land use category and applicable to the areas west of Interstate 95 is SMU, Suburban Mixed Use. c. Land Use Pattern. Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would be contrary to the established land use pattern, or would create an isolated zoning district or an isolated land use classification unrelated to adjacent and nearby classifications, or would constitute a grant of special privilege to an individual property owner as contrasted with the protection of the public welfare. This factor is not intended to exclude FLUM reclassifications and rezonings that would result in more desirable and sustainable growth for the community. The proposed FLUM would not be contrary to the established land use pattern nor would it create an isolated FLU classification. The land use pattern in adjacent and nearby areas is eclectic: it incorporates commercial uses of small and large retail (including Walmart), offices, a hotel (Courtyard by Mariott), as well as residential uses of single-family, multi-family and mobile homes. Given that the subject site contains about 108 acres, the proposed amendment can hardly be considered an "isolated land use classification"; moreover, the proposed FLU category of MXL extends over an 80 acre area of Boynton Village community on the east side of North Congress Avenue. Finally, the MXL future land use classification will very likely be recommended for other areas of the Congress Avenue Corridor District and will replace the DRI classification of Renaissance Commons when that DRI expires. d. Sustainability. Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would support the integration of a mix of land uses consistent with the Smart Growth or sustainability initiatives, with an emphasis on 1) complementary land uses; 2) access to alternative modes of transportation, and 3) interconnectivity within the project and between adjacent properties. The subject FLUM amendment is not accompanied by rezoning with a master plan; however, the proposed MXL will eventually support a large mixed use project with uses 8 Page 1101 of 1256 Page 9 Boynton Beach Mall LUAR 19-002 complementary to those within the project as well as those in the surrounding areas. Interconnectivity will be one of the top project design requirements. Visitors and residents willl have access to PalmTran bus service along Congress Avenue. e. Availability of Public Services / Infrastructure. All requests for Future Land Use Map amendments shall be reviewed for long-term capacity availability at the maximum intensity permitted under the requested land use classification. Water and Sewer. Long-term capacity availability for potable water and sewer for the subject request has been confirmed by the Utilities Department (see attached letter). So/id Waste. The Palm Beach County Solid Waste Authority determined that sufficient disposal capacity will be available at the existing landfill through approximately the year 2046. Drainage. Drainage will be reviewed in detail as part of site plans, land development, and building permit review processes. Traffic. The traffic impacts associated with the future redevelopment of the mall are not expected to exceed the 3,306 PM Peak Hour trip cap established in the Boynton Beach Mall DRI Development Order for the approved 1,244,449 Sq. ft. GLA. (Note that the constructed square footage and the related PM Peak Hour trips are below the above threshholds). The trip generation equivalency analysis will be performed at the rezoning/master plan phase. Schools. The School Capacity Availability Determination application will be submitted with a site plan/master plan package. f. Compatibility. The application shall consider the following factors to determine compatibility. (1) Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would be compatible with the current and future use of adjacent and nearby properties, or would negatively affect the property values of adjacent and nearby properties, and (2) Whether the proposed Future Land Use Map amendment (FLUM) and rezoning is of a scale which is reasonably related to the needs of the neighborhood and the City as a whole. The proposed FLUM amendment would be compatible with the current and future use of adjacent and nearby properties. As previously stated (see response to criterion "c"), the land use pattern in adjacent and nearby areas is eclectic. it incorporates commercial uses of small and large retail (including Walmart), offices, a hotel (Courtyard by Mariott), as well as residential uses of single-family, multi-family and mobile homes. The 9 Page 1102 of 1256 Page 10 Boynton Beach Mall LUAR 19-002 proposed FLU category of MXL covers 80 acres of Boynton Village on the east side of North Congress Avenue. Moreover, the MXL will likely be recommended for lands along the Congress Avenue Corridor District currently designated Local Retail Commercial (LRC), as this FLU classification would not effectively promote redevelopment. MXL will also replace the DRI classification of Renaissance Commons when that DRI expires. The redevelopment of the Mall will have a positive effect on property values of surrounding properties. (At the master planing/site planning phases of the project, efforts will be taken to mitigate any negative impact of redevelopment on the single- family residential neighborhood to the west of the site.) While expanding the "Urban Village" model with its emphasis on walkability and public spaces from the Congress Avenue's east to the west side, the proposed amendment will assure that the Congress Avenue Corridor continues to grow and thrive as the City's main commercial hub. It would benefit both the neighborhood and the City as a whole. g. Direct Economic Development Benefits. For rezoning/ FLUM amendments involving rezoning to a planned zoning district, the review shall consider the economic benefits of the proposed amendment, specifically, whether the proposal would: (1) Further implementation of the Economic Development (ED) Program,- (2) rogram,(2) Contribute to the enhancement and diversification of the City's tax base,- (3) ase,(3) Respond to the current market demand or community needs or provide services or retail choices not locally available,- (4) vailable,(4) Create new employment opportunities for the residents, with pay at or above the county average hourly wage,- (5) age,(5) Represent innovative methods/technologies, especially those promoting sustainability; (6) Be complementary to existing uses, thus fostering synergy effects, and (7) Alleviate blight/economic obsolescence of the subject area. As mentioned above (criterion "b"), redevelopment of the Boynton Beach Mall is supported by the City's Strategic Plan 2018-2022 and the 2016-2021 Economic Development Strategic Plan and therefore the requested action meets criterion "g(1)". Furthermore, the ensuing project has a potential to: • Enhance the City's tax base, reversing the downslide of the Mall's "legacy" properties' taxable value. As noted in response to criterion "a," between 2016 and 2017 the value of properties owned by Boynton Beach Mall LLC declined from $46,339,832 to $33,517,168 (criterion "g2"); • Replace the economically obsolete shopping center—enclosed mall—with a mixed use project driven by market demand and promoting sustainability through design attributes pertaining to energy saving, public realm development, alternative transportation etc. (criteria "g3", "gS% and "g7"); 10 Page 1103 of 1256 Page 11 Boynton Beach Mall LUAR 19-002 • Create/strengthen synergy of land uses on-site and within the Congress Avenue Corridor area as a whole (criterion "g6"). • Contribute to the net job growth and/or replace some lost low-wage retail positions with better employment opportunities (criterion "g4") if uses such as professional offices are eventually included. h. Commercial and Industrial Land Supply, The review shall consider whether the proposed rezoning/FLUM amendment would reduce the amount of land available for commercial/industrial development. If such determination is made, the approval can be recommended under the following conditions: (1) The size, shape, and/or location of the property makes it unsuitable for commercial/industrial development, or (2) The proposed rezoning/FLUM amendment provides substantiated evidence of satisfying at least four of the Direct Economic Development Benefits listed in subparagraph "g"above, and (3) The proposed rezoning/FLUM amendment would result in comparable or higher employment numbers, building size and valuation than the potential of existing land use designation and/or rezoning. The proposed FLUM amendment can potentially reduce the amount of land available for commercial development since the MXL category encourages a mix of residential and commercial uses. Inclusion of residential uses supports the "live, work and play" motto embodying the lifestyle of the "Urban Village." As noted above in response to criterion "g", the amendment has a potential to deliver all listed benefits, meeting condition "h(2)." L Alternative Sites. Whether there are adequate sites elsewhere in the City for the proposed use in zoning districts where such use is already allowed. N/A (See response to criterion "a.") j. Master Plan and Site Plan Compliance with Land Development Regulations. When master plan and site plan review are required pursuant to Section 2.D.1.e above, both shall comply with the requirements of the respective zoning district regulations of Chapter 3, Article 111 and the site development standards of Chapter 4. N/A. The request is for FLUM only. 11 Page 1104 of 1256 Page 12 Boynton Beach Mall LUAR 19-002 CONCLUSION/RECOMMENDATION As a result of the above analysis, the proposed request is consistent with the intent of the policies of the Comprehensive Plan and the recommendations of the City's Strategic Plan and the Economic Development Strategic Plan. Staff recommends approval of the proposed Future Land Use Map amendments for transmittal to the State for an Expedited State Review. ATTACHMENTS S:\Planning\SHARED\WP\PROJECTS\Boynton Beach Mall LUAR 19-002\STAFF REPORT\BB Mall LUAR 18-003 Staff Report 11_01.doc 12 Page 1105 of 1256 EXHIBIT Al BOYNTON BEACH MALL LOCATION MAP OWNERSHIP OF PROPERTIES I n t } i CHRIST ISTAR FELLOWSHIP r Boynton Beach Mall LLC 1 p� r DILLARDS Z MACYS REGIONAL ENTERPR. MOONRISEi oy o F- N LEGEND w E immin City boundary S Owners other than Boynton Mall LLC 062.5125 250 375 500 EXHIBIT A2 BOYNTON BEACH MALL DRI LOCATION MAP =x� � Savannah Boynton Canal t � - P. 2 f o-� I k A na' gpx 7 r i t� E i3+r ,hGH R t i A, r CpI i G c t -- - s Old Boynton c1 t�. N LEGEND w E mimm City boundary s 0 75150 300 450 600 6 EXHIBIT B BOYNTON BEACH MALL CURRENT FLU r NW 14th. Ave \/ictory-Cir' i _ F CURRENT FLU : DRI `t 3 t - Olcl Bo nton Rcl LEGEND: FLU classifications MEDIUM DENSITY RESIDENTIAL(MEDR); 11 D.U./Acre N MIXED USE LOW(MXL); 20 D.U./Acre DEVELOPMENT OF REGIONAL IMPACT(DRI) w E LOCAL RETAIL COMMERCIAL(LRC) S OFFICE COMMERCIAL(OC) 0 80160 320 480 640 RECREATIONAL(R) � 6 EXHIBIT C BOYNTON BEACH MALL PROPOSED FLU r r = NW 14th Ave C- T - 1 = I i .� Proposed FLU . Mined Use Low M L � COD o A Z � i { - Olcl Bo nton Rcl LEGEND: FLU classifications MEDIUM DENSITY RESIDENTIAL(MEDR); 11 D.U./Acre N MIXED USE LOW(MXL); 20 D.U./Acre DEVELOPMENT OF REGIONAL IMPACT(DRI) W E LOCAL RETAIL COMMERCIAL(LRC) S OFFICE COMMERCIAL(OC) 0 80160 320 480 640 RECREATIONAL(R) � 6 EXHIBIT D BOYNTON BEACH MALL CURRENT ZONING NW 14th, Ave \/ictory Cilr F fi s ,. i tit rl its t i fi S rr r, f{Vf 41�� f i - { � $ f r {i>' $ L t O S fF s, lc d s. - OId Boynton Rid r �ff } c, S (t rr. i ftp 5 Fi LEGEND: ZONING DISTRICTS PUD Planned Unit Development 0 C1 Office Professional N C3 Community Commercial E PCD Planned Commercial Development s SMU Suburban Mixed Use,20 du/ac 0 80160 320 480 640 REC Recreation � 6 PROPOSED AMENDMENT TO FLU ELEMENT: EXHIBIT E Consistent with the Renaissance Commons DRI Development Order, the approved land uses and intensities shall be as follow: Land Use Minimum-Maximum Intensity High density Residential 1,085 du to 2,016 du Office Commercial 173,460 sf to 322,140 sf Local Retail/General Commercial 149,100 sf to 276,900 sf Traffic generation for the Renaissance Commons DRI shall not exceed 1,634 p.m. peak hour trips (For compliance with Article 12, Traffic Performance Standards of the Palm Beach County Unified Land Development Code). 2. follow- La.nd--Uae Ma-ni a m-Maxim-u -l-nte"m ity L, a1-Retail-Ca mereiat 8087447_gla* te L; 00;77 1 t 3. The Quantum Park (fka Boynton Beach Park of Commerce) Development of Regional Impact (DRI) approved by City of Boynton Beach Ordinance 84-51, and most recently amended by Ordinance 12-001, is a mixed use project containing industrial, office, commercial, residential and governmental/institutional uses. Consistent with the Quantum Park DRI Development Order, the approved land uses and intensities shall be as follows: City of Boynton Beach 1-9 Date July 18,2017 Comprehensive Plan Future Land Use Element Amendments:17-1ESR Ordinance 17-011 Page 1111 of 1256 8.B. PUBLIC HEARING 2/19/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 2/19/2019 REQUESTED ACTION BY COMMISSION: PROPOSED ORDINANCE NO. 19-001 - FIRST READING - Approve Country Trail PUD annexation (ANEX 19-001)Applicant: M2D Country Trail, LLC (Applicant request postponement to March 19, 2019) PROPOSED ORDINANCE NO. 19-002 - FIRST READING - Approve Country Trail PUD Future Land Use Map amendment from Palm Beach County's Medium Residential with a maximum density of 5 du/acre (MR-5) to Low Density Residential (LDR)with a maximum density of 7.5 du/acre. Applicant: M2D Country Trail, LLC (Applicant request postponement to March 19, 2019) PROPOSED ORDINANCE NO. 19-003 - FIRST READING - Approve Country Trail PUD rezoning from Palm Beach County's AR, Agricultural Residential, to PUD, Planned Unit Development. Applicant: M2D Country Trail, LLC (Applicant request postponement to March 19, 2019) EXPLANATION OF REQUEST: The subject 5.17 acre parcel is currently developed with one single-family home. The applicant seeks to annex the parcel and obtain the City FLUM classification and zoning district to replace its current Palm Beach County designations in order to develop the property with twenty six (26) single-family homes. Annexation, FLUM amendment, rezoning and the new site plan are processed concurrently. The City and County staff concur that the proposed annexation meets the statutory conditions: the parcel is contiguous to the City boundary and "reasonably compact" in that it does not create enclaves or pockets. The proposed FLU and zoning designations are consistent with FLU and zoning designations of the surrounding areas and will support a single-family home development consistent with the neighborhood's established land use patterns. Since most housing units approved in Boynton Beach during the last five years have been multifamily rental dwellings, the addition to the single-family home supply—albeit small—would arguably benefit the City. On December 17, 2018, the Planning and Development Board recommended approval of the annexation request and forwarded the two remaining requests with the recommendation of denial. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? No significant impact on either programs or services. FISCAL IMPACT: The project will contribute to the City's tax base. ALTERNATIVES: None recommended Page 1112 of 1256 STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: N/A CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: N/A Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Ordinance Ordinance appro\Ang Country Trail annexation D Ordinance Ordinance appro\Ang Country Trail Land Use Amendment D Ordinance Ordinance appro\Ang Country Trail Rezoning D Staff Report Country Trail PUD ANEX 19-001 and LUAR 19- 001 Staff Report D Location Map ExhibitA. Location Map D Amendment Exhibit B. Proposed FLU D Amendment Exhibit C. Proposed Zoning D Letter Exhibit D. PBC Annexation Letter Page 1113 of 1256 1 ORDINANCE NO. 19 - 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, ANNEXING 5.17 ACRES OF LAND THAT IS 5 CONTIGUOUS TO THE CITY LIMITS WITHIN PALM BEACH 6 COUNTY AND THAT WILL,UPON ANNEXATION,CONSTITUTE 7 A REASONABLY COMPACT ADDITION TO THE CITY 8 BOUNDARIES; PROVIDING THAT THE PROPER LAND USE 9 DESIGNATION AND PROPER ZONING OF THE PROPERTY 10 SHALL BE REFLECTED IN SEPARATE ORDINANCES TO BE 11 PASSED SIMULTANEOUSLY HEREWITH; PROVIDING FOR 12 CONFLICTS, SEVERABILITY; PROVIDING THAT THIS 13 ORDINANCE SHALL BE FILED WITH THE CLERK OF THE 14 CIRCUIT COURT OF PALM BEACH COUNTY, FLORIDA, UPON 15 ADOPTION AND AN EFFECTIVE DATE. 16 17 WHEREAS, the Comprehensive Plan for the City of Boynton Beach requires the 18 development of an Annexation Program; and 19 WHEREAS,M21)COUNTRY TRAIL,LLC., owner,by and through its agent,Miller 20 Land Planning, Inc, of the property more particularly described hereinafter, have heretofore 21 filed a Petition, pursuant to Chapter 2, Article 11, Section 2A of the Land Development 22 Regulations, City of Boynton Beach, Florida, for the purpose of annexing a certain tract of 23 land consisting of approximately 5.17 acres; and 24 WHEREAS, the City of Boynton Beach hereby exercises its option to annex the 25 following tract of land as hereinafter described, in accordance with Article I, Section 6 of the 26 Charter of the City and Section 171.044, and 171.062(2), Florida Statutes; and 27 WHEREAS, said tract of land lying and being within Palm Beach County is 28 contiguous to the existing city limits of the City of Boynton Beach, and will, upon its 29 annexation, constitute a reasonably compact addition to the City boundary. 30 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION 31 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 32 Section 1. That each and every Whereas clause is true and correct. C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\A3819F29-0340-4A01-AE84-F67D5E141789\Boynton Beach.14211.EAnnexation -_Country_Trail.docx 1 Page 1114 of 1256 33 Section 2. Pursuant to Article I, Section 6 of the Charter of the City of Boynton 34 Beach,Florida and Section 171.044,Florida Statutes the following described unincorporated 35 and contiguous tract of land situated and lying and being in the County of Palm Beach, 36 Florida, to wit: 37 THE WEST HALF OF THE NE 114 OF THE SW 114 OF THE SE 114 OF 38 SECTION 31 TOWNSHIP 45 SOUTH, RANGE 43 EAST, LOCATED IN 39 PALM BEACH COUNTY, FLORIDA. TOGETHER WITH AN 40 EASEMENT FOR INGRESS AND EGRESS RECORDED IN OR BOOK 41 2988 PAGE 254 AND RE-RECORDED IN OR BOOK 3118, PAGE 1466 OF 42 THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA 43 44 SAID LANDS SITUATE IN PALM BEACH COUNTY, FLORIDA. 45 46 47 48 is hereby annexed to the City of Boynton Beach, Florida, and such land so annexed shall be 49 and become part of the City with the same force and effect as though the same had been 50 originally incorporated in the territorial boundaries thereof. 51 Section3: That Section 6 of the Charter of the City of Boynton Beach, Florida, is 52 hereby amended to reflect the annexation of said tract of land more particularly described in 53 Section 2 of this Ordinance. 54 Section 4: That by Ordinances adopted simultaneously herewith, the proper City 55 zoning designation and Land Use category is being determined as contemplated in Section 56 171.162(2), Florida Statutes. 57 Section 5. All ordinances or parts of ordinances in conflict herewith are hereby 58 repealed. 59 Section 6: Should any section or provision of this Ordinance or any portion thereof 60 be declared by a court of competent jurisdiction to be invalid, such decision shall not affect 61 the remainder of this Ordinance. 62 Section 7: This Ordinance shall not be passed until the same has been advertised C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\A3819F29-0340-4A01-AE84-F67D5E141789\Boynton Beach.14211.EAnnexation -_Country_Trail.docx 2 Page 1115 of 1256 63 for two (2) consecutive weeks in a newspaper of general circulation in the City of Boynton 64 Beach, Florida, as required by the City Charter and Section 171.044, Florida Statutes. 65 Section 8. This ordinance, after adoption, shall be filed with the Clerk of the 66 Circuit Court of Palm Beach County, Florida. 67 Section 9. This ordinance shall become effective immediately upon passage. 68 FIRST READING this day of , 2019. 69 SECOND, FINAL READING and PASSAGE this day of , 2019. 70 CITY OF BOYNTON BEACH, FLORIDA 71 72 YES NO 73 74 Mayor— Steven B. Grant 75 76 Vice Mayor— Christina L. Romelus 77 78 Commissioner—Mack McCray 79 80 Commissioner—Justin Katz 81 82 Commissioner—Aimee Kelley 83 84 VOTE 85 86 87 88 89 ATTEST: 90 91 92 93 Judith A. Pyle, CMC 94 City Clerk 95 96 97 (Corporate Seal) C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\A3819F29-0340-4A01-AE84-F67D5E141789\Boynton Beach.14211.1.Annexation -_Country_Trail.docx 3 Page 1116 of 1256 1 ORDINANCE NO. 19- 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH,FLORIDA, 4 AMENDING ORDINANCE 89-38 BY AMENDING THE FUTURE 5 LAND USE ELEMENT OF THE COMPREHENSIVE PLAN FOR 6 PROPERTY COMMONLY KNOWN AS COUNTRY TRAIL AND 7 DESCRIBED HEREIN, OWNED BY M21) COUNTRY TRAIL, LLC., 8 CHANGING THE LAND USE DESIGNATION FROM MEDIUM 9 RESIDENTIAL (MR-5), MAXIMUM DENSITY 5 DU/AC TO: LOW 10 DENSITY RESIDENTIAL (LDR), MAXIMUM DENSITY 7.5 DU/AC; 11 PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN 12 EFFECTIVE DATE. 13 14 WHEREAS, the City Commission of the City of Boynton Beach, Florida has 15 adopted a City of Boynton Beach Comprehensive Plan and as part of said Plan a Future Land 16 Use Element pursuant to Ordinance No. 89-3 8 and in accordance with the Local Government 17 Comprehensive Planning Act; and 18 WHEREAS, the procedure for amendment of a Future Land Use Element of a 19 Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed; and 20 WHEREAS, after two (2) public hearings the City Commission acting in its dual 21 capacity as Local Planning Agency and City Commission finds that the amendment 22 hereinafter set forth is consistent with the City's adopted Comprehensive Plan and deems it 23 in the best interest of the inhabitants of said City to amend the Future Land Use Element 24 (designation) of the Comprehensive Plan as hereinafter provided. 25 NOW, THEREFORE,BE IT ORDAINED BY THE CITY COMMISSION OF THE 26 CITY OF BOYNTON BEACH, FLORIDA, THAT: 27 Section 1: The foregoing WHEREAS clauses are true and correct and incorporated 28 herein by this reference. 29 Section 2: Ordinance No. 89-38 of the City is hereby amended to reflect that the 30 Future Land Use of the following described land: 31 THE WEST HALF OF THE NE 114 OF THE SW v4 OF THE SE 114 OF SECTION 32 31 TOWNSHIP 45 SOUTH, RANGE 43 EAST, LOCATED IN PALM BEACH C:AProgram Files(X86)ANeevia.Com\DocconverterproATemp\NVDC\946FCB98-1F4E-4675-A773-C6B34BF6E3D7\Boynton Beach.14212.1.Country_Trail_LUA_-_Ordinance.Docx Page 1117 of 1256 33 COUNTY, FLORIDA. TOGETHER WITH AN EASEMENT FOR INGRESS 34 AND EGRESS RECORDED IN OR BOOK 2988 PAGE 254 AND RE- 35 RECORDED IN OR BOOK 3118, PAGE 1466 OF THE PUBLIC RECORDS 36 OF PALM BEACH COUNTY, FLORIDA 37 38 SAID LANDS SITUATE IN PALM BEACH COUNTY, FLORIDA. 39 40 is amended from Medium Residential (MR-5), maximum density 5 du/ac to: LOW 41 DENSITY RESIDENTIAL (LDR), maximum density 7.5 du/ac. 42 Section 3: This Ordinance shall take effect on adoption, subject to the review, challenge, 43 or appeal provisions provided by the Florida Local Government Comprehensive Planning and 44 Land Development Regulation Act. No party shall be vested of any right by virtue of the 45 adoption of this Ordinance until all statutory required review is complete and all legal challenges, 46 including appeals, are exhausted. In the event that the effective date is established by state law 47 or special act, the provisions of state act shall control. 48 FIRST READING this day of , 2019. 49 SECOND, FINAL READING and PASSAGE this day of , 2019. 50 CITY OF BOYNTON BEACH, FLORIDA 51 YES NO 52 53 54 Mayor— Steven B. Grant 55 56 Vice Mayor— Christina L. Romelus 57 58 Commissioner—Mack McCray 59 60 Commissioner—Justin Katz 61 62 Commissioner—Aimee Kelley 63 64 VOTE 65 ATTEST: 66 67 68 Judith A. Pyle, CMC 69 City Clerk 70 71 (Corporate Seal) C:AProgram Files(X86)ANeevia.Com\DocconverterproATemp\NVDC\946FCB98-1F4E-4675-A773-C6B34BF6E3D7\Boynton Beach.14212.1.Country_Trail_LUA_-_Ordinance.Docx Page 1118 of 1256 72 C:AProgram Files(X86)ANeevia.Com\DocconverterproATemp\NVDC\946FCB98-1F4E-4675-A773-C6B34BF6E3D7\Boynton Beach.14212.1.Country_Trail_LUA_-_Ordinance.Docx Page 1119 of 1256 1 ORDINANCE NO. 19- 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH,FLORIDA, 4 AMENDING ORDINANCE 02-013 TO REZONE A PARCEL OF 5 LAND DESCRIBED HEREIN AND COMMONLY REFERRED TO AS 6 COUNTRY TRAIL FROM AGRICULTURAL RESIDENTIAL — 7 PALM BEACH COUNTY (AR) TO PLANNED UNIT 8 DEVELOPMENT (PUD); PROVIDING FOR CONFLICTS, 9 SEVERABILITY,AND AN EFFECTIVE DATE. 10 11 WHEREAS, the City Commission of the City of Boynton Beach, Florida has adopted 12 Ordinance No. 02-013, in which a Revised Zoning Map was adopted for said City; and 13 WHEREAS,the City of Boynton Beach has made application to rezone land, said land 14 being more particularly described hereinafter, from Agricultural Residential — Palm Beach 15 County (AR)to PLANNED UNIT DEVELOPMENT (PUD); and 16 WHEREAS, the City Commission conducted public hearings as required by law and 17 heard testimony and received evidence which the Commission finds supports a rezoning for the 18 property hereinafter described; and 19 WHEREAS, the City Commission deems it in the best interests of the inhabitants of 20 said City to amend the aforesaid Revised Zoning Map as hereinafter set forth. 21 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 22 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 23 Section 1. The foregoing Whereas clauses are true and correct and incorporated 24 herein by this reference. 25 Section 2. The land herein described be and the same is hereby rezoned from 26 Agricultural Residential — Palm Beach County (AR) to PLANNED UNIT DEVELOPMENT 27 (PUD). A location map is attached hereto as Exhibit"A" and made a part of this Ordinance by 28 reference. Legal Description: 29 30 31 THE WEST HALF OF THE NE 114 OF THE SW 114 OF THE SE 114 OF 32 SECTION 31 TOWNSHIP 45 SOUTH, RANGE 43 EAST, LOCATED IN 33 PALM BEACH COUNTY, FLORIDA. TOGETHER WITH AN EASEMENT 34 FOR INGRESS AND EGRESS RECORDED IN OR BOOK 2988 PAGE 254 35 AND RE-RECORDED IN OR BOOK 3118, PAGE 1466 OF THE PUBLIC 36 RECORDS OF PALM BEACH COUNTY, FLORIDA 37 38 SAID LANDS SITUATE IN PALM BEACH COUNTY, FLORIDA. C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\DF425D16-EEEO-4005-8FE1-85CF5EAE894E\Boynton Beach.14213.1.Country_Trail-_Rezone_-_Ordinance.docx Page 1120 of 1256 39 40 Section 3. That the aforesaid Revised Zoning Map of the City shall be amended 41 accordingly. 42 Section 4. All ordinances or parts of ordinances in conflict herewith are hereby repealed. 43 Section 5. Should any section or provision of this Ordinance or any portion thereof be 44 declared by a court of competent jurisdiction to be invalid, such decision shall not affect the 45 remainder of this Ordinance. 46 Section 6. This ordinance shall become effective immediately upon passage. 47 FIRST READING this day of , 2019. 48 SECOND, FINAL READING and PASSAGE this day of , 2019. 49 CITY OF BOYNTON BEACH, FLORIDA 50 YES NO 51 52 Mayor— Steven B. Grant 53 54 Vice Mayor— Christina L. Romelus 55 56 Commissioner—Mack McCray 57 58 Commissioner—Justin Katz 59 60 Commissioner—Aimee Kelley 61 62 VOTE 63 ATTEST: 64 65 66 67 68 Judith A. Pyle, CMC 69 City Clerk 70 71 72 (Corporate Seal) C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\DF425D16-EEEO-4005-8FE1-85CF5EAE894E\Boynton Beach.14213.1.Country_Trail-_Rezone_-_Ordinance.docx Page 1121 of 1256 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 19-067 STAFF REPORT TO: Chair and Members Planning and Development Board THRU: Ed Breese Planning and Zoning Administrator FROM: Hanna Matras, Senior Planner DATE: December 4, 2018 PROJECT: Country Trail PUD ANEX 19-001 / LUAR 19-001 REQUEST: Approve Country Trail PUD annexation, Future Land Use Map amendment from Palm Beach County's Medium Residential with a maximum density of 5 du/acre (MR-5) to Low Density Residential (LDR) with a maximum density 7.5 du/acre, and rezoning from Palm Beach County's AR, Agricultural Residential, to PUD, Planned Unit Development. PROJECT DESCRIPTION Property Owner/ Applicant: M2D Country Trail, LLC Agent: Christi Tuttle / Miller Land Planning, Inc. Location: 2600 County Lake Trail (Exhibit "A") Existing FLU/ Zoning: Medium Residential (MR-5), maximum density 5 du/ac / AR, Agricultural Residential - Palm Beach County Proposed FLU/ Zoning: Low Density Residential (LDR), maximum density 7.5 du/ac / Planned Unit Development (PUD); see Exhibits "B" and "C" Acreage: 5.17 acres Proposed Use: 26 Single-Family homes Page 1122 of 1256 Page 2 Country Trail PUD ANEX 19-001 /LUAR 19-001 Adjacent Uses: North: Single-family home community (Cranbrook Lake Estates), classified Low Density Residential (LDR) and zoned Planned Unit Development (PUD); South: Right-of-way for County Lake Trail, and single-family home community (Serrano at Country Lakes), classified Low Density Residential (LDR) and zoned Planned Unit Development (PUD); East: Single-family home community (Cranbrook Lake Estates aka Silverlake Estates), classified Low Density Residential (LDR) and zoned Planned Unit Development (PUD); West: Single-family homes of Village of Golf, classified Residential Medium Density and zoned Residential. BACKGROUND The subject 5.17 acre parcel is currently developed with one single-family home.The applicant seeks to annex the parcel and obtain the City FLUM classification and zoning district to replace its current Palm Beach County designations in order to develop the property with twenty six (26) single-family homes. Annexation, FLUM amendment, rezoning and the new site plan are processed concurrently. Preliminary review of the proposed annexation by staff indicates that it meets the statutory conditions: the parcel is contiguous to the City boundary and "reasonably compact" in that it does not create enclaves or pockets. Voluntary annexations are regulated by Chapter 171.044, Florida Statutes; additional directions regarding the process are contained in the Palm Beach County Ordinance 2007- 018. Pursuant to these requirements, on October 8, 2018 staff sent a notification of the proposed annexation to the Palm Beach County Administrator and Planning Director. County staff reviewed the application and have not identified any inconsistencies with Chapter 171 (Exhibit""D".) REVIEW BASED ON CRITERIA The following criteria used to review Comprehensive Plan Map amendments and rezonings are listed in the Land Development Regulations, Chapter 2, Article II, Section 2.13 and D.3: a. Demonstration of Need. A demonstration of need may be based upon changing conditions that represent a demand for the proposed land use classification and 2 Page 1123 of 1256 Page 3 Country Trail PUD ANEX 19-001 /LUAR 19-001 zoning district. Appropriate data and analysis that adequately substantiates the need for the proposed land use amendment and rezoning must be provided within the application. The subject FLU reclassification and rezoning are requested in conjuction with a privately- initiated annexation, which requires concurrent applications for same. The proposed designations are consistent with FLU and zoning designations of surrounding areas. b. Consistency. Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would be consistent with the purpose and intent of, and promote, the applicable Comprehensive Plan policies, Redevelopment Plans, and Land Development Regulations. Consistency with Comprehensive Plan As noted above, the FLUM amendment and rezoning are requested in conjuction with annexation, which is encouraged by the Comprehensve Plan's Land Use Element's Objective 1.15, especially if it contributes to the elimination of an existing county pocket. Objective 1.15 The City will continue to expand through annexation of enclaves, pockets and other contiguous properties. The concurrent FLUM amendment and rezoning are required per Policy 1.15.3: Policy 1.15.3 The City shall require that property owners requesting annexation into the City concurrently apply for land use amendment and rezoning to the City's land use classification and zoning district. The proposed FLU and zoning match low density, single-family character of the surrounding areas, consistently with the intent of Policy 1.12.2. Policy 1.11.2 The City shall continue to maintain and improve the existing single-family and lower-density neighborhoods, by preventing conversions to higher densities, except when consistent with adjacent land uses, contributes to the implementation of adopted redevelopment plans, or furthers the City's affordable housing programs. Consistency with Land Development Regulations (LDR) The application for the new site plan complies with the regulations and intent of the PUD zoning district. c. Land Use Pattern. Whether the proposed Future Land Use Map amendment(FLUM) and rezoning would be contrary to the established land use pattern, or would create 3 Page 1124 of 1256 Page 4 Country Trail PUD ANEX 19-001 /LUAR 19-001 an isolated zoning district or an isolated land use classification unrelated to adjacent and nearby classifications, or would constitute a grant of special privilege to an individual property owner as contrasted with the protection of the public welfare. This factor is not intended to exclude FLUM reclassifications and rezonings that would result in more desirable and sustainable growth for the community. The proposed FLU and zoning district would match the FLU and zoning of the surrounding neighborhood and would support a single-family home development consistent with the area's established land use patterns. d. Sustainability. Whether the proposed Future Land Use Map amendment(FLUM) and rezoning would support the integration of a mix of land uses consistent with the Smart Growth or sustainability initiatives, with an emphasis on 1) complementary land uses,- 2) ses,2) access to alternative modes of transportation, and 3) interconnectivity within the project and between adjacent properties. The proposed FLUM amendment and rezoning does not meet the listed above sustainability characteristics, but again,it is consistent with surrounding land use pattern. e. Availability of Public Services / Infrastructure. All requests for Future Land Use Map amendments shall be reviewed for long-term capacity availability at the maximum intensity permitted under the requested land use classification. Water and Sewer. The Utilities Department has confirmed long-term capacity availability for potable water and sewer at the maximum density and intensity allowed under the requested land use classification and zoning designation. Solid Waste. The Palm Beach County Solid Waste Authority determined that sufficient disposal capacity will be available at the existing landfill through approximately the year 2046. Drainage. Drainage will be reviewed in detail as part of the site plan, land development, and building permit review processes. Trak. Traffic impacts will be reviewed as part of the site plan. The School Capacity Avai/abi/ity Determination (SCAD) for PBC School District The proposed project was determined not to have negative impact on the public school system. f. Compatibility. The application shall consider the following factors to determine compatibility. 4 Page 1125 of 1256 Page 5 Country Trail PUD ANEX 19-001 /LUAR 19-001 (1) Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would be compatible with the current and future use of adjacent and nearby properties, or would negatively affect the property values of adjacent and nearby properties, and (2) Whether the proposed Future Land Use Map amendment (FLUM) and rezoning is of a scale which is reasonably related to the needs of the neighborhood and the City as a whole. The response to the criterion 'T' is similar to the one provided in discussion of criteria "a," "b" and "c": the proposed FLU and zoning district would match the FLU and zoning of the surrounding areas and would support a single-family home development consistent with the area's established land use pattern. The zero-lot line configuration of homes in the proposed development matches that of the Serrano at Country Lakes community located immediately south of the subject parcel while the single-family homes north, east, and particularly west of the property feature larger lots. However, it is unlikely for the values of those properties to be negatively affected. As most housing units approved in Boynton Beach during the last five years have been multifamily rental dwellings, the addition to the single-family home supply—albeit small— would arguably benefit the City. g. Direct Economic Development Benefits. For rezoning/FLUM amendments involving rezoning to a planned zoning district, the review shall consider the economic benefits of the proposed amendment, specifically, whether the proposal would: (1) Further implementation of the Economic Development (ED) Program,- (2) rogram,(2) Contribute to the enhancement and diversification of the City's tax base,- (3) ase,(3) Respond to the current market demand or community needs or provide services or retail choices not locally available,- (4) vailable,(4) Create new employment opportunities for the residents, with pay at or above the county average hourly wage,- (5) age,(5) Represent innovative methods/technologies, especially those promoting sustainability; (6) Be complementary to existing uses, thus fostering synergy effects, and (7) Alleviate blight/economic obsolescence of the subject area. Since the proposed FLU amendment/rezoning will support a residential project, the main economic development benefit of this action will be the project's contribution to the City's tax base. In addition, a noted in response to the criterion 'T' above, increasing the single- family home supply would be of benefit to the City. h. Commercial and Industrial Land Supply, The review shall consider whether the proposed rezoning/FLUM amendment would reduce the amount of land available for commercial/industrial development. If such determination is made, the approval can be recommended under the following conditions: 5 Page 1126 of 1256 Page 6 Country Trail PUD ANEX 19-001 /LUAR 19-001 (1) The size, shape, and/or location of the property makes it unsuitable for commercial/industrial development, or (2) The proposed rezoning/FLUM amendment provides substantiated evidence of satisfying at least four of the Direct Economic Development Benefits listed in subparagraph "g"above, and (3) The proposed rezoning/FLUM amendment would result in comparable or higher employment numbers, building size and valuation than the potential of existing land use designation and/or rezoning. The proposed residential FLU and zoning designations are the only appropriate choices for the property. The subject annexation offers no options to increase the supply for commercial land. L Alternative Sites. Whether there are adequate sites elsewhere in the City for the proposed use in zoning districts where such use is already allowed. N/A. The FLUM and rezoning requests are being considered in conjunction with annexation. j. Master Plan and Site Plan Compliance with Land Development Regulations. When master plan and site plan review are required pursuant to Section 2.D.1.e above, both shall comply with the requirements of the respective zoning district regulations of Chapter 3, Article 111 and the site development standards of Chapter 4. The application for the new site plan complies with the regulations and intent of the PUD zoning district. CONCLUSION/RECOMMENDATION As indicated herein, staff has reviewed the proposed annexation, future land use amendment and rezoning and determined that they are consistent with the policies of the Comprehensive Plan, and the proposed annexation eliminates the PB County unincorporated pocket. Therefore, staff recommends approval of the subject requests. S:\Planning\SHARED\WP\PROJECTS\Country Trail PUD\LUAR 19-001\LUAR 19-001 County Trail PUD Staff Report.docx 6 Page 1127 of 1256 EXHIBIT A LOCATION MAP 4 ' e v �y i nr v ;7 r I�� t w, IIP. I � I �-- i1'l�IrN Jn 4 d{ O v` Palmland Dr - s LEGEND0 55 110 220 330 011011 City Boundary I MkWle28 256 EXHIBIT B COUNTRY TRAIL PUD LUAR 19-001 : FLU AMENDMENT i{ { T L L SITE N { Proposed _ 7 " FLU: LDR r SW 23rd Cranbrook r -Z O u Palmland } Legend LOW DENSITY RESIDENTIAL(LDR), 7.5 D.U./Acre MEDIUM DENSITY RESIDENTIAL(MEDR), 11 D.U./Acre PUBLIC &PRIVATE GOVERNMENTAL/INSTITUTIONAL(PPGI) 0 45 90 180 270-"11'29 oo11t29 256 EXHIBIT C COUNTRY TRAIL PUD LUAR 19-001 : REZONING a c t t! � t s t : 4 f - 4 I i C t t i i i s t �T t� a rt � t rt i i s z Uk anbrook t Cr SW 23rd ! t x Il z t t t t lima ,,,ys✓�. •m N 1 � 4 A - tilt r s i ,,,,� ,i ,'t, !1,1 „�,�, t r �i titi t r � 1 r s t s s + £ 4 "n i tr„0 t„ Palmland Dr �_ ,- . f 3 Legend R3 Multi Family, 11 du/ac PUD Planned Unit Development PU Public Usage 0 45 90 180 270 130 256 ,PiC$C rl �iOR19 Departxnent of Planning, November 8, 2018 Zoning&.Building 2300 North Jog Road West Palm Beach,FL 33411-2741 (561)233-5000 Ed Breeze Planning Division 233-5300 Planning and Zoning Administrator Zoning Division 233-5200 city of Boynton Beach Building Division 233-5100 Planning and Zoning Division Code Enforcement 233-5500 3301 Quantum Blvd Contractors Certification 233-5525 Boynton Beach, FL 33426 Administration Office 233-5005 Executive Office 233-5228 E: Proposed Annexation County Trail PUD, 2019-0 -001 www.pbcgov.com/pzb Dear Mr. Breeze: Thank you for providing the County advance notice and the opportunity to review Palm Beach county the annexation summarized below. Board of County Commissioners 7TTrail Description Melissa McKinlay,Mayor CounTPUDs. 5.77 Mack Bernard,Vice Mayor tion:West of s. Congress Ave., south of Golf Rd. 2019- eading: Not determined 2nd Reading: Not determined Hal R.Valeche Paulette Burdick The proposed annexation was processed through the County's Annexal® n Review Dave Kerner Process. County staff and service delivery agencies reviewed the proposed Steven L.Abrams annexation. After review, County staff has not identified any inconsistencies with Chapter 171, Florida Statutes. The property is located within an existing Mary Lou Berger unincorporated enclave; its annexation will eliminate the enclave. If you have questions or comments, please contact Patricia Behn, Deputy Planning Director, at 561-233-5332. County Administrator Sincerely, Verdenia C.Baker Lorenzo Aghe o Planning Director cc: The Honorable Steven L.Abrams, District 4 Commissioner Patricia Behn, Deputy Planning Director, PBC "An Equal Opportunity Patrick W.Rutter,Assistant County Administrator Affirmative Action Employer" Ramsay Bulkeley, Esq., Deputy Director, PZ&B Lori Hanna a MatraLaVerr as, City Manager, Boynton Beach Robert P.Banks,AICP,Chief Land Use County Attorney Senior Planner, Boynton Beach printed on sustainable t:lplanninglintergovernmentallannexations12019 fiscal yea rlletterslbb-county trail pud-nov2018.docx and recycled paper Page 1131 of 1256 8.C. PUBLIC HEARING 2/19/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 2/19/2019 REQUESTED ACTION BY COMMISSION: Approve Country Trail PUD New Site Plan to construct a new development with 26 two-story single-family residences and associated site improvements on a 5.17 acre site. Applicant: M2D Country Trail, LLC. (Applicant request postponement to March 19, 2019) EXPLANATION OF REQUEST: The subject 5.17 acre parcel is currently developed with one single-family home. The applicant seeks to annex the parcel and obtain the City FLUM classification and zoning district to replace its current Palm Beach County designations in order to develop the property with twenty-six(26) single-family detached dwelling units known as Country Trail PUD. Annexation, FLUM amendment, rezoning and the new site plan are processed concurrently (see respective staff reports). The applicant is proposing a total of 26 zero lot line homes, as permitted in a PUD zoning district. Zero lot line development on this site is consistent with the development pattern found in the neighboring PUD to the south. The "Typical Lot Detail" of the proposed project as shown on the site plan (A101) illustrates the placement of each model type (A-C)within the typical 45 foot by 115 foot lot. The project would also include an amenity area including a swimming pool and cabana. The development proposes single-family residences in contemporary architectural styles. There are three proposed models (A-C). Each model has two variations, one with a pitched roof and one with a flat roof, each variation also has slight differences in the color allocations. The homes would be two (2) stories tall. The Planning and Development Board heard the request on December 17, 2018 and forwards it without a recommendation for approval . HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? No significant impact on either programs or services. FISCAL IMPACT: The project will contribute to the City's tax base. ALTERNATIVES: None recommended. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: N/A CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: N/A Page 1132 of 1256 Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Staff Report Staff Report D Exhibit ExhibitA: Location Map D Drawings Exhibit B: Plans D Drawings Exhibit C: Models D Conditions of Approval Exhibit D: Conditions of Approval D Development Order Development Order Page 1133 of 1256 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 18-072 STAFF REPORT TO: Chair and Members Planning and Development Board THRU: Ed Breese Planning and Zonin2 Administrator FROM: Amanda Bassiely, Principal Planner /k7 DATE: November 29, 2018 PROJECT: Country Trail PUD (NWSP 19-001) REQUEST: Approve Country Trail PUD New Site Plan to construct a new development with 26 two-story single-family residences and associated site improvements on a 5.17 acre site. PROJECT DESCRIPTION Property Owner: M2D Country Trail, LLC Agent: Christi Tuttle, Miller Land Planning Location: 2600 County Lake Trail (Refer to Exhibit"A": Location Map) Existing Land Use: Medium Residential (MR-5) - Palm Beach County Existing Zoning: Agricultural Residential (AR) - Palm Beach County Proposed Land Use: Low Density Residential (LDR) Proposed Zoning: Planned Unit Development (PUD) Acreage: 5.17 acre Page 1134 of 1256 Page 2 Country Trail PUD NWSP 19-001 Adjacent Uses: North: Single-family home community (Cranbrook Lake Estates aka Silverlake Estates), classified Low Density Residential (LDR) and zoned Planned Unit Development (PUD); South: Right-of-way for County Lake Trail, and single-family home community (Serrano at Country Lakes), classified Low Density Residential (LDR) and zoned Planned Unit Development (PUD); East: Single-family home community (Cranbrook Lake Estates aka Silverlake Estates), classified Low Density Residential (LDR) and zoned Planned Unit Development (PUD); West: Single-family homes of Village of Golf, classified Residential Medium Density and zoned Residential. PROPERTY OWNER NOTIFICATION Owners of properties within 400 feet of the subject request 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: The subject 5.17 acre parcel is currently developed with one single-family home. The applicant seeks to annex the parcel and obtain the City FLUM classification and zoning district to replace its current Palm Beach County designations in order to develop the property with twenty six (26) single- family detached (zero lot line) dwelling units known as Country Trail PUD. Annexation, FLUM amendment, rezoning and the new site plan are processed concurrently (see respective staff reports). ANALYSIS Concurrency: Traffic: A traffic statement prepared by JMD Engineering was sent to the Palm Beach County Traffic Division for concurrency review in order to ensure an adequate level of service. The traffic study stated that the proposed project would generate a total of 250 trips per day. The Palm Beach County Traffic Division has determined in a letter dated October 29, 2018 that the project will meet the Traffic Performance Standards of Palm Beach County. An updated approval letter will be required prior to permitting to revise the 2 Page 1135 of 1256 Page 3 Country Trail PUD NWSP 19-001 request from 25 to 26 dwelling units (See Exhibit D — Conditions of Approval). School: The School District of Palm Beach County has reviewed the application and has determined that adequate capacity exists in area public schools to accommodate the projected resident population. An updated approval letter will be required prior to permitting to revise the request from 25 to 26 dwelling units (See Exhibit D —Conditions of Approval). Utilities: The City's water capacity would meet the projected potable water for this project. Sufficient sanitary sewer and wastewater treatment capacity is also currently available to serve the project. 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 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. Access: The site plan (Sheet SP-1) shows that one point of ingress/egress is proposed. The two-way driveway is an extension of the private road, Country Lake Trail, which is accessed from Palmland Drive. Vehicular circulation would include one central two-way roadway with single-family lots on either side. The site plan also includes a hammerhead turn at the end of the roadway for vehicle turnaround. Sidewalks are provided on both sides of the extension of Country Lake Trail at four (4) feet in width. Parking: The site plan (Sheet SP-1) proposes 26 single-family homes, which requires 52 parking spaces, based upon the standard of one (2) parking space per unit. The site plan depicts 107 proposed parking spaces. Each unit has a two-car garage and a driveway for two additional cars. The pool/amenity area has three additional parking spaces, one of which is a handicap space. Landscaping: The Plant List(Sheet L2) indicates that the project would add a total of 203 trees to the property while retaining and relocating several canopy specimens. The plan depicts 34 canopy trees, 73 accent trees, and 96 palm trees. The applicant has chosen to retain the large Royal Palm Trees along the north side of the property and plant 16 foot tall, full-to-the-bottom and dense Fishtail Palm Trees along the north buffer, to provide an instant buffer against the residential properties to the north. The plan also shows 1,722 shrubs/groundcover plants. All plant materials to be used in the landscape design are required to be Florida number one grade and must 3 Page 1136 of 1256 Page 4 Country Trail PUD NWSP 19-001 be identified as having "low or "medium" watering needs in the South Florida Water Management's "Waterwise" publication. The proposed tree species would include the following: Silver Green Buttonwood, Live Oak, Crepe Myrtles, and East Palatka Holly trees. Palm species would include Fishtail Palms and Triple Montgomery Palms. The site plan shows perimeter landscape buffers, 10-feet in width, are proposed along the, south, east, and west property lines, and 15-feet in width along the north property line. These buffers include a mix of Live Oak, East Palatka Holly, Silver Buttonwood, and shrub and groundcover plant material. Building and Site: The applicant is proposing a total of 26 zero lot line homes, as permitted in a PUD zoning district. Zero lot line development on this site is consistent with the development pattern found in the neighboring PUD to the south. In order to adequately buffer the PUD to the east, the project proposes a ten (10) foot wide landscape buffer, a 50 foot wide drainage / detention basin area, and an additional 15 foot setback, totaling in a 75 foot separation from the east property to any new residential structure. The single family lots on the west side of the property abut a roadway with a 12 foot tall hedge as a buffer, to the south is an establish buffer with a six (6) foot wall, and the proposed 16 foot tall Fishtail Palms form the buffer proposed along the north side. The PUD regulations require that setbacks within PUD's mirror those in abutting development to ensure adequate separation between buildings. As per the setbacks specified on the PUD Master Plan for Aspen Glen, the building setbacks proposed are as follows: front — 25 feet; rear — 15 feet; non-zero lot line side— 10 feet; and zero-lot line side —zero (0) feet. The "Typical Lot Detail" of the proposed project as shown on the site plan (A101) illustrates the placement of each model type (A-C)within the typical 45 foot by 115 foot lot. The houses would be setback at least 25 feet from the front property line. A portion of this front setback would consist of a 10- foot wide utility easement. The detail also shows that the zero-lot line homes would be setback 10 feet from the side lot line and 15 feet from the rear lot line. The elevations show that the mean height of the two (2) story homes would be 26 feet, as measured from the midpoint of the roof or the deck of a flat roof. The development will comply with the maximum height of 30 feet for all single-family residential zoning districts. Design: The development proposes single-family residences in contemporary architectural styles. There are three proposed models (A-C). Each model has two variations, one with a pitched roof and one with a flat roof, each variation also has slight differences in the color allocations. The homes would be two (2) stories tall. The pitched roof variation of each of the three models would have a metal-seem roof. The elevations show that the 4 Page 1137 of 1256 Page 5 Country Trail PUD NWSP 19-001 exterior finish of the walls would be textured stucco. The applicant is proposing a variety of neutral colors schemes which are compatible with the proposed architecture and surrounding developments. Models (A-C) with similar house style types, each with four (4) bedrooms and a 2-car garage. Model A has four (4) and one-half bathrooms, model B has four (4) bathrooms, and model C has three (3) and one-half bathrooms. The air-conditioned living area each home would range from 3,646 square feet to 2,650 square feet. Staff has no objections to the proposed building colors, architectural styles, or roof types Amenities: As noted above, the site plan depicts the inclusion of an amenity area including a pool and cabana. Signage: One monument sign is proposed at the entry of the development. Greater detail will be submitted to staff for review. RECOMMENDATION Staff has reviewed this request for a New Site Plan Modification and recommends APPROVAL, subject to approval of the accompanying applications and satisfying all comments indicated in Exhibit "C" — 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\Country Trail PUD\NWSP\StaffReport\NWSP 19-001 CountryTrailPUDStaffReport.docx 5 Page 1138 of 1256 EXHIBIT A LOCATION MAP 4 ' e v �y i nr v ;7 r I�� t w, IIP. 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EXHIBIT D Conditions of Approval Project Name: Country Trail PUD File number: NWSP 19-001 Reference: 31d review plans identified as a Maior Site Plan Modification with a November 27, 2018 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT ENGINEERING / PUBLIC WORKS / FORESTRY/ UTILITIES Comments: 1. A swale acceptable to the City Engineer is required on the outside of the proposed perimeter berm(s) to capture the runoff X and prevent it from flowing off-site. 2. Since there is no outfall, this site must demonstrate that the top of the perimeter berm is at the 100 year/ 3 day storm stage. X 3. If the site imports stormwater runoff in the predevelopment condition, it will be required to accommodate this runoff in the post development condition; additional off-site topographic X survey information will be required. FIRE Comments: None. All previous comments addressed at DART meeting. POLICE Comments: None. All previous comments addressed at DART meeting. BUILDING DIVISION Comments: None. All previous comments addressed at DART meeting. PARKS AND RECREATION Comments: 4. Park impact fees are due at time of permitting. X PLANNING AND ZONING Page 1152 of 1256 Country Trail PUD (NWSP 19-001) Conditions of Approval Page 2of3 DEPARTMENTS INCLUDE REJECT Comments: 5. Prior to permitting, label all building elevations with selected X colors and materials. 6. Provide homeowner documents which indicate: • Individual homeowners may not remove any of the approved landscape buffer material. X • Landscape and lawn area will be maintained by HOA • Homeowner's fences along the west are allowed to bisect the buffer and connect to the wall/fence. 7. Prior to permitting, provide selected paint schemes for the homes X and associated manufacturer paint samples. 8. Prior to permitting revise Landscape Sheet L-2 to simply depict new plant material, relocated trees in their designated relocation spot and those trees to remain in place. X 9. Move the site address to be centered at the top of the monument X signs 10. Additional needed comments regarding proposed signage will be X rendered at time of permitting. 11. Prior to permitting update and correct parking calculations on the X site plan. COMMUNITY REDEVELOPMENT AGENCY Comments: Not applicable. PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: 12. Revise landscape plans to include additional Sweet Almond X plants. Page 1153 of 1256 Country Trail PUD (NWSP 19-001) Conditions of Approval Page 3 of 3 DEPARTMENTS INCLUDE REJECT CITY COMMISSION CONDITIONS Comments: To be determined. ADDITIONAL REPRESENTATIONS/ COMMITMENTS The applicant or applicant's representatives made the following representations and commitments during the quasi-judicial and/or public hearings that now constitute binding obligations of the applicant. The obligations have the same weight as other conditions of approval. --------------------------------- --------------------------------- --------------------------------- S:\Planning\SHARED\WP\PROJECTS\Country Trail PUD\NWSP 19-001\Staff Report\ExhibitD_NWSP19-001 COA-PD.doc Page 1154 of 1256 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Country Trail PUD (NWSP 19-009) APPLICANT: M2D Country Trail, LLC APPLICANT'S ADDRESS: 755 NW 17th Avenue, Suite 107 Delray Beach, FL 33445 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: February 5, 2019 APPROVAL SOUGHT: Request for approval of Country Trail PUD's New Site Plan to construct a new development with 26 two-story single-family residences and associated site improvements on a 5.17 acre site. LOCATION OF PROPERTY: 2600 County Lake Trail, Boynton Beach, FL 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 X HAS HAS NOT established by substantial competent evidence a basis for the approval requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included." 4. The Applicant's request is hereby X GRANTED subject to the conditions referenced in paragraph 3 above. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other: DATED: City Clerk S:\Planning\SHARED\WP\PROJECTS\Country Trail PUD\NWSP\StaffReport\NWSP19-009_DO.doc Page 1155 of 1256 9.A. CITY MANAGER'S REPORT 2/19/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 2/19/2019 REQUESTED ACTION BY COMMISSION: Discuss and approve Legislative Priorities for the 2019 legislative session in Tallahassee. EXPLANATION OF REQUEST: Each year the Commission approves a general list of priorities for staff to monitor throughout the legislative session. Attached is a list of general topics about which many bills will be introduced. Also included in the attachment are several bills that have already been filed. Staff has recommended which items to oppose, support or watch. Once adopted by the Commission, staff and elected officials can communicate with our legislative delegation to express our concerns and/or support for matters being considered by the legislature. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: TBD - Unfunded mandates can be costly to City operations. ALTERNATIVES: Not establish legislative priorities. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Attachment Legislative Priority List 2019 Page 1156 of 1256 City of Boynton Beach City Commission 2019 Legislative Priorities Legislative Actions Home Rule OPPOSE any legislative efforts to impede or preempt the constitutional right of municipal Home Rule powers. The City OPPOSES the Legislature's persistent intrusion into local finances,which are necessary to provide financial stability and essential services uniquely required by municipal residents and local businesses. The state legislature has attempted to restrict local self-governing for issues such as building and land use, small-cell wireless, community redevelopment agencies,vacation rentals, municipal elections, medical marijuana, concealed weapons and firearms, firefighter cancer disability presumption, local business taxes, fiscal transparency, ad valorem taxes, stormwater and wastewater management,traffic infraction detectors, and drones. Unfunded Mandates OPPOSE any unfunded mandates imposed on local governments through the legislative or budget process. Regulation of Group/Sober Homes SUPPORT licensing/taxing/zoning regulation for operation of group/sober homes at the local level. SUPPORT legislation requiring certification for all recovery residences and recovery residence administrators to ensure that this vulnerable population is protected and that recovery residence administrators have the competencies necessary to appropriately respond to the needs of residents. Opioid Fight SUPPORT legislation that helps provide local support to address this wide-ranging issue. SUPPORT legislation that provides funding opportunities for municipalities to help combat the opioid crises. Communications Services Tax Protection The City SUPPORTS legislation to reform the Communications Services Tax in a manner that is revenue neutral; provides for a broad and equitable tax base; provides for enhanced stability and reliability as an important revenue source for local government; and provides a uniform method for taxing communication services in Florida. Reform should promote a Page 1157 of 1256 competitively neutral tax policy that will free consumers to choose a provider based on tax neutral considerations. Short-Term Rentals The City SUPPORTS legislation that restores local zoning authority with respect to short- term rental properties,thereby preserving the integrity of Florida's residential neighborhoods and communities. The Florida League of Cities OPPOSES legislation that preempts municipal authority as it relates to the regulation of short-term rental properties. Government-Owned Utilities MONITOR and OPPOSE any legislation that will remove home rule authority for municipalities providing water and sewer services outside municipal boundaries. Water The Florida League of Cities SUPPORTS legislation to address the state's critical water resource and water quality deficiencies to mitigate the negative economic impact of these deficiencies through priority corrective actions and funding. The legislation should include: • establishment of a dedicated and recurring source of state funding to meet current and projected local government water supply and water infrastructure needs; • annual assessment by the State of the state, regional and local water resource and water quality infrastructure improvement needs; and • development of regional plans to prioritize actions and schedules for addressing integrated water quality and water supply needs based on objective criteria. Transportation/Mobility Fee The City SUPPORTS legislation that preserves local control of transportation planning. The legislation should create an equitable transportation funding formula among the state, municipalities and counties, while providing for additional transportation revenue to support innovative infrastructure and transit projects to meet the surging transportation demands driven by dramatic growth throughout Florida. Commuter Rail MONITOR and SUPPORT legislative and budget opportunities related to FEC commuter rail station for downtown Boynton Beach and budgetary opportunities to offset infrastructure costs as well as funding options for Operations &Maintenance. CRA/Downtown Redevelopment& Transit Oriented Development (TOD's) SUPPORT legislation that would improve the city's use of community redevelopment agencies to effectively carry out redevelopment and community revitalization in accordance with Home Rule. SUPPORT and MONITOR legislation that will strengthen and support the planning and implementation of transit-oriented developments (TOD's) on a local and/or regional scale. Page 1158 of 1256 Community Redevelopment Agencies CRAs bring economic vitality and jobs to our communities. CRAs support thriving urban centers; improve infrastructure; recruit and retain businesses; promote growth and development in our urban areas; and facilitate public-private partnerships. Redevelopment is a sound investment by cities, counties and the private sector, and leads to long-term economic development, growth and job creation. Support: Chapter 163, Part III, Florida Statutes,which contains mechanisms for cities and counties to negotiate, establish, operate and fund Community Redevelopment Agencies. These entities focus on revitalizing blighted and deteriorating areas of our communities with the investment of future local revenues, known as Tax Increment Financing. Oppose: Legislation aimed at limiting, dismantling or reducing funding for the 220 CRAs in blighted communities throughout Florida. We specifically oppose efforts by some counties to push only the CRA restrictions contained in the 2015 Florida Auditor General Report. Emergency Management/Mitigation/Sustainability Recognizing the impacts sustained by cities related to sea-level rise, changing precipitation patterns and increasing storm severity,the City of Boynton Beach SUPPORTS legislation that encourages vulnerability assessments, coordinates resources and supports the efforts of local governments to mitigate and adapt to these dynamic environmental conditions Affordable Housing SUPPORT any legislation that creates funding opportunities for affordable housing initiatives at the local level. SUPPORT legislation that enhances local efforts to research, assist and create affordable housing opportunities, including but not limited to the support of additional funding for the William E. Sadowski Act's,Affordable Housing Trust Fund and seeing that Housing Trust Funds are used solely in support of State and Local affordable housing activities. Eco-tourism and Marine Industry Incentives SUPPORT legislation that will assist in protecting our beaches and supporting the marine industry. These include bills to create new and enhance existing programs related to working marina's, increased funding for kayak/canoe launches and water taxi's as well as access to local waterways. Greenways & Trails SUPPORT legislation that encourages and funds Greenways &Trails. This includes safe bikeways &pedestrian ways, connectivity with regional plans as well as other nonmotorized transportation incentives. Page 1159 of 1256 Cultural Tourism SUPPORT legislation that identifies the importance of cultural tourism as an economic driver for local governments and provides funding opportunities for the creation and continuation of public art, galleries, libraries, events and festivals. Historic Preservation SUPPORT legislation that recognizes the importance of local and regional historic preservation and creates funding opportunities for programming and infrastructure projects that support historic preservation and provides grant funding.Actively seek funding opportunities for the preservation and rehabilitation of the city's Old High School. Preemptions/Home Rule Authority Local Tax Referendum - Oppose SB 336 (Brandes) Amends when a local government may put a local discretionary surtax ballot initiative before the voters. The bill requires that a referendum to adopt or amend a local discretionary surtax be held at a state general election and would require a simple majority of voter approval for passage. Impact Fees - Watch SB 144 (Bean) and HB 207 (Donalds) Prohibit local governments from collecting impact fees prior to the issuance of a building permit for the property that is subject to the fee. The legislation requires that impact fees be connected to the money spent from the funds collected and be connected to the benefits of the new residential or commercial construction. The bills require local governments to specifically earmark funds collected by the impact fees for use in acquiring, constructing or improving capital facilities to benefit the "new users." SB 350 (Hutson) - Watch Prohibits local governments from charging an impact fee for development or construction of affordable housing Vegetable Gardens - Oppose SB 82 (Bradley) and HB 145 (Fetterhoff) Preempt any local ordinance or regulation of vegetable gardens on residential property. Some cities have adopted ordinances that regulate the size or use of vegetable gardens in the front yard of homes. While local governments would be preempted from prohibiting vegetable gardens, the bills allow for local ordinances to regulate the use of water during droughts, fertilizer use or invasive species control. Page 1160 of 1256 Fertilizers - Watch HB 157 (Thompson) Requires all municipalities and counties to adopt and enforce the Model Ordinance for Florida-Friendly Fertilizer Use on Urban Landscapes. The bill would require municipalities and counties located within an area where stormwater runoff flows to an estuary to implement and enforce a residential fertilizer ban from June 1 to September 30. In addition, municipalities and counties within such areas would be required to identify setbacks from water bodies and prohibit the application of fertilizer on residential lawns within those setbacks. Public Records - Oppose HB 407 (Rodrigues) Prohibits a city receiving a public record request from asking the court for clarification as to whether the record is exempt or confidential. Firefighter's Bill of Rights - Watch HB 161 (Casello) and SB 494 (Hooper) Amend the current process that must be followed for the interrogation of firefighters. The bills revise the definition of"interrogation" to include questioning related to informal inquiries. The bills require all witnesses to be interviewed prior to beginning the interrogation of the firefighter when possible. The bills also require that the firefighter be provided the complaint, all witness statements and all other existing evidence before the interrogation.A firefighter being interrogated may not be threatened with transfer, dismissal or disciplinary action. The bills also set a timeline for certain information to be provided to the firefighter and prohibit any retaliatory action against the firefighter for exercising his or her rights. Finally, the bills require certain information be kept confidential until the employing agency makes a final determination of the complaint. Red Light Cameras - Oppose SB 306 (Brandes) and HB 6003 (Sabatini) Preempt the Florida Department of Highway Safety and Motor Vehicles, counties and municipalities from installing and maintaining red light cameras effective July 1, 2022. Micro-mobility Devices and Motorized Scooters - Oppose SB 542(Brandes) and HB 453 (Toledo) Prohibit local governments from taking any action or adopting any law that is designed to limit or prevent any company engaged in the rental of micro-mobility devices from operating in its jurisdiction, as long as the company complies with the regulations governing similarly situated businesses. The bills also define the term "micro-mobility device" as a motorized transportation device made available for private use by reservation through an online platform. Page 1161 of 1256 Retainage - Oppose SB 246 (Hooper) and HB 101 (Andrade) Reduce the amount a public entity may withhold from a progress payment to a contractor as retainage. Currently, local governments will withhold a certain percentage of compensation known as "retainage" from the general contractor to ensure the project is completed satisfactorily. In addition, retainage serves as a safeguard against possible overpayment to the general contractor when the estimated percentage of project completion, used for periodic payments, exceeds the actual percentage completed. Mandates (Unfunded) State-Shared Revenues - Oppose SB 594 (Hutson) Create procedures and penalties for counties and municipalities taking actions alleged to impact commerce and alleged to violate state law or the state constitution. The bill authorizes a member of the Legislature to request the attorney general to investigate any official action adopted or taken by a county or municipality that impacts "commerce" and which the legislator alleges violates state law or the state constitution. If the governing body fails to timely remedy the violation or timely appeal the order, the bill provides for the Department of Revenue to withhold state shared revenues to the county or municipality (except for revenues obligated to pay debt service) until such time the local government complies with the court order. Private Property Comprehensive Plan Element - Oppose HB 291 (McClain) and SB 428 (Perry) Require local governments to adopt a new mandatory element in their comprehensive plans that addresses the protection of private property. Public Meetings - Oppose HB 265 (Newton) and SB 518 (Rader) Add new requirements relating to how municipal meetings are conducted. Require that meeting materials, including the agenda and any supporting documents,be available at least three days before the meeting occurs, unless emergency circumstances occur. The bills require that at least two copies of the agenda and supporting materials be available for public inspection at the meeting location on the day of the meeting. The bills mandate that public comment be offered as either the first or last item on the agenda and requires that each member of the public has the right to speak for at least three minutes. If 20 or more members of the public wish to speak on a specific item, the presiding officer may restrict the time allotted for each speaker to one minute. The bills also require the commission to respond, either publicly at the meeting or through written correspondence, to any and all questions made by a member of the public; any written response must be provided within 10 days after the meeting and be incorporated into the minutes of the meeting. Page 1162 of 1256 Firefighter Cancer Benefit - Watch SB 426 (Flores) Entitles firefighters who receive a diagnosis of certain cancers to a package of mandated benefits. These benefits include, at no cost to the firefighter, coverage under a group health or self-insurance policy and a cash payout of$25,000. These benefits must be available to the firefighter for at least 10 years after leaving employment. If the firefighter participates in an employee-sponsored retirement plan, the plan must qualify the firefighter as totally and permanently disabled if he or she is prevented from rendering useful and effective service as a firefighter and is likely to remain disabled continuously and permanently due to the diagnosis or treatment of cancer. The retirement plan must qualify the firefighter as "died in the line of duty" if he or she dies as a result of the cancer or treatment of cancer. If the firefighter did not participate in an employee-sponsored retirement plan,the employer must provide a disability retirement plan that provides at least 42 percent of annual salary, at no cost to the firefighter, until the firefighter's death. The employer must provide a death benefit for at least 10 years to the firefighter's beneficiary totaling at least 42 percent of the firefighter's most recent annual salary, among other stated benefits. Building Codes and Construction Fire Safety and Prevention - Watch SB 498 (Powell) and HB 433 (Jacquet) Prohibit individuals from influencing fire-safety inspectors by threatening, coercing, persuading or compensating to interfere with an inspection. The bills also provide criminal penalties for these violations. Permit Fees - Oppose SB 142 (Perry) and HB 127 (Williamson) Require local governments to publish permit and inspection fee schedules and reports on their websites. The bills also require the building permit and inspection report to include direct and indirect costs incurred by the local government to implement the Florida Building Code. Economic Development Sports Facility Development - Oppose HB 233 (Beltran) and SB 414 (Lee) Repeal provisions relating to state funding for the purpose of constructing, reconstructing, renovating or improving facilities primarily used for sporting events. Elections Primary Elections - Watch SB 556 (Rader) Page 1163 of 1256 Establishes a universal (also known as a "jungle") primary system in the State of Florida for all state, county and municipal elections. In each year in which a general election is held, the bill would require a universal primary election to be held for candidates for state, county and municipal elections on the Tuesday 10 weeks before the general election. The bill specifies all candidates for these offices, regardless of party affiliation, must appear on a single ballot, and the two candidates receiving the highest and next highest number of votes for that office, regardless of party affiliation, shall advance to the general election. The bill would permit all qualified electors, regardless of their party affiliation, to vote in the primary election for those offices. In the event of a tie for second place,the bill specifies the candidates tying for second shall draw lots to determine which candidate advances to the general election. The bill could be construed to impact current law regarding the dates of municipal elections. Finance and Taxation Assessment of Affordable Housing Properties - Watch HB 443 (Rodriguez, Anthony) and SB 568 (Diaz) Authorize local governments to enter into agreements with certain property owners to record specified restrictive covenants over their properties related to affordable housing. Each local government that enters into an agreement with a property owner must provide the property appraiser with a list of all agreements entered into for the calendar year no later than December 1 of the year before the year in which the revised assessment will take effect. The property appraiser must consider each property with a restrictive covenant in accordance with the terms of the covenant, including any recorded amendment, supplement or addendum to or resale restriction in the covenant for the purpose of assessing the property. State Housing Trust Fund - Support SB 70 (Mayfield) Specifies that funds deposited in the State Housing Trust Fund and the Local Government Housing Trust Fund may not be transferred or used for any other purpose. Use of Vessel Registration Fees - Support SB 436 (Hooper) and HB 539 (Mariano) Would allow local governments the ability to use their vessel registration fee for additional purposes such as maintenance of public boat ramps and other public water access facilities. Law Enforcement Federal Immigration Enforcement and Sanctuary Policies - Watch SB 168 (Gruters) and SB 170 (Bean) Relates to state and local government enforcement of federal immigration laws. The bills provide several definitions, including "sanctuary policy" and "sanctuary policymaker". The Page 1164 of 1256 bills prohibit the adoption or enforcement of a sanctuary policy and require cooperation with federal immigration authorities. The bills require a state or local government official to promptly report a known or probable violation of this law to the attorney general or the state attorney having jurisdiction over the local governmental entity. The bills provide for a civil cause of action against any state or local governmental entity or law enforcement agency determined to have a sanctuary policy under specified circumstances for personal injury or wrongful death by persons injured by an illegal alien. Drones - Support SB 132 (Rouson) and HB 75 (Yarborough) Allow police departments to use drones to manage crowd control,traffic and gather evidence at a crime or traffic crash scene. The bills would permit a state agency or political subdivision to operate drones for assessing damage after a natural disaster. Government Public Records and Public Meetings - Watch SB 236 (Book) Creates a public record exemption for any personal identifying information of alleged victims of sexual harassment or sexual misconduct or any information that could assist an individual in determining the identity of the alleged victim. The bill clarifies that this information cannot be disclosed until the law enforcement agency determines that it will not investigate the allegation,the agency has taken disciplinary action against the subject of the allegation and will take no further action, or a finding is made as to whether probable cause exists. The bill also exempts any portion of a public meeting that would reveal any records involving an allegation of sexual harassment or sexual misconduct until certain conditions are met. Public Records - Watch HB 479 (Polo) Amends current law to define what"responding in good faith" means with regard to a public records request. The bill adds language requiring responses to include an estimate of the time necessary to complete the request. If the records are not provided within that timeframe, the bill requires the custodian of record to notify the requestor of the reasons for the delay and provide a new estimate of time necessary to complete the request. Sexual Harassment - Watch SB 240 (Book) Amends the Florida Code of Ethics to address sexual harassment by public officers, public employees, candidates for office, and state executive and legislative branch lobbyists. The bill defines "sexual harassment" and prohibits a public officer, public employee, candidate or lobbyist from sexually harassing any individual, regardless of whether an employment relationship exists. The bill specifies penalties for lobbyists who are found to have violated provisions of the law, including public censure and reprimand, civil penalties not to exceed Page 1165 of 1256 $10,000, and a prohibition from lobbying for a specified period. Public officers, employees and candidates found to have violated the law would be subject to existing penalties as specified in the Code of Ethics for Public Officers and Employees, Chapter 112, Florida Statutes. Housing Recovery Residents and Sober Homes - Support HB 103 (Jacobs) and SB 102 (Book) HB 103 (Jacobs) and SB 102 (Book) require that recovery residences obtain certification through the Department of Children and Families by April 1, 2020, or if established after October 1, 2019, before commencing operation. HB 369 (Caruso) and SB 528 (Rouson) - Watch Amend the statutory definition of"recovery residence"to include group housing that is part of any licensable community housing component established by rule or statute. The bills create new licensing requirements for "peer specialists," add background check requirements for peer specialists who have direct contact with individuals receiving services at a recovery residence and increase penalties for misrepresenting or making false statements on an application for licensure. The bills also clarify that single-family or two- family dwellings used as recovery residences are considered single-family or two-family dwellings under the Florida Building Code, Life Safety Code and Florida Fire Prevention Code. Utilities and Environment Coastal Management - Support SB 446 (Mayfield) and HB 325 (LaMarca) Revise the criteria the Department of Environmental Protection (DEP) must consider in determining and assigning annual funding priorities for beach management and erosion control projects. The bills would revise the ranking criteria to be used by DEP to establish certain inlet-caused beach erosion projects. In addition,the bills would revise requirements for the state's comprehensive long-term management plan, including requiring the plan to include a strategic beach management plan, a critically eroded beaches report and a statewide long-range budget plan. The bills would further require the DEP to submit a three-year work plan and related forecast for the availability of funding to the legislature. Domestic Wastewater Collection System Assessment& Maintenance - Support, HB 105 (Jacobs) and SB 286 (Albritton) Establish in the Department of Environmental Protection (DEP) a voluntary program for wastewater treatment facilities to become "Blue Star" certified by the agency for engaging in specified management and investment practices to protect public health and the Page 1166 of 1256 environment and to ensure sustainable performance of the utility. The bills specify requirements for obtaining and maintaining certification and identify incentives for utilities that achieve certification. Certification incentives may include lower penalties when sewer overflows occur, a presumption of compliance with certain water quality standards for pathogens and qualification for 10-year operating permits. Preemption of Recyclable & Polystyrene Materials - Support SB 88 (Stewart) Would repeal current state laws that preempt local government regulation of plastic bags and containers and local government regulation of the use and sale of polystyrene products. Public Financing of Construction Projects - Watch SB 78 (Rodriguez, J.) and HB 169 (Fernandez) Require contractors to conduct a Sea-Level Impact Projection (SLIP) study on state-funded buildings within the coastal building zone. The bills do not define the term "coastal building zone." Buildings subject to this requirement would include construction projects of a municipality, county or any other public agency that is using state-appropriated funds for the project. The bills require the Department of Environmental Protection (DEP) to develop guidelines for conducting a SLIP study. In addition, DEP must approve and publish a copy of all SLIP studies for at least 10 years. Property-Assessed Clean Environment - Watch HB 63 (Rodrigues) and SB 282 (Albritton) Amend the statuary and the definition of"qualifying improvements" under the Property Assessed Clean Energy Program (PACE) to include sewage treatment improvements. PACE is a means for property owners to voluntarily finance private property improvements related to renewable energy and energy efficiency through assessments levied on their property tax bill. Prohibition of Plastic Carryout Bags and Straws - Watch SB 502 (Rader) Would prohibit stores and food service businesses from providing plastic carryout bags to customers. The bill provides exceptions for specified items. In addition,the bill prohibits a food service business from selling or providing single use plastic straws to customers. The business may provide a straw upon request to a person who requires a straw due to a disability or medical condition. The bill provides a $500 penalty for a first violation and up to $1,000 for a subsequent violation. Page 1167 of 1256 11.A. NEW BUSINESS 2/19/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 2/19/2019 REQUESTED ACTION BY COMMISSION: Approve the request of Vice Mayor Romelus to distribute $250 of her Community Support Funds to Scholar Career Coaching. Ms. Lynne Gassant will be present to make a brief 10 minute presentation. EXPLANATION OF REQUEST: Founded in December of 2012, Scholar Career Coaching is a non-profit organization that was created to help South Florida high school college bound students in Title I schools, with a focus on ESL (English as a Second Language). with career planning, college readiness, financial literacy, and soft skills. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? There will be no affect on city programs or services. FISCAL IMPACT: Budgeted Budgeted the Community Support Funds of$2,000 for each Commission member were approved in 2018/2019 budget. ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Cather Communit Support Funds Request Form Page 1168 of 1256 RIS-055 EXHIBIT "As' COMMUNITY SUPPORT FUNDS REQUESTFORM Part I _ Summary of Request (to be completed by City Clerk) Date of Request: --4Z-7 Llo Requested by Mayo r/Commissioner: =,e Amount Requested: Recipient/Payee: Description of project, program, or activity to be fun ded- C Part 11 - Availability of funds The annual appropriation of funds available to the requesting Member of the Commission listed above is The balance of funds available for the requesting Member of the Commission is Accordingly: :hereare funds available as requested T There are insufficient funds available as requested de � Dated:—V/.?Z/!2 By: I ity Clerk Part III-Eligibility Evaluation Public funds will not be used to improve private property unless there is a clear public need, purpose and benefit The recipient/payee provides services within the City The public purpose is beneficial to the entire community served by such donation Dated: By: Requesting Member of the City Commission Page ! 1,--' 6 11.B. NEW BUSINESS 2/19/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 2/19/2019 REQUESTED ACTION BY COMMISSION: Approve the request of Mayor Grant to distribute $200 of his Community Support Funds to Rolling Green Elementary Safety Patrol EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? There will be on affect on City programs or services. FISCAL IMPACT: Budgeted Budgeted the Community Support Funds of$2,000 for each Commission member were approved in 2018/2019 budget. ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Cather Community Support Funds Request Form Page 1170 of 1256 EXHIBIT "Al! COMMUNITY SUPPORT FUNDS REQUESTFORM Part I - 1Clark) Date of Request ;�/VZ Requested by I carSteven B.Grant � i . Amount Requested: Descrip %0 Df Madr r . i to be t ffi c kA C7 I Part 11-Availability of funds The I appropriation of funds available Commission listed above is$-a�� The balance of furkdB available fDr tip requesting Member af the Commission Accordingly.- ' available,W There are furkis j There areinsufflelent funds available Dated: /ZI By: 7- r1ty _ r Part itEva"an will not be used to impmw private property unless them is r pubic need. purpose and benefit n The recoenVoayee provides services wWn ti The publIc purpose is beneWal to the entire community served by such donation I City Cornmisabn I Page 1171 of 1256 11.C. NEW BUSINESS 2/19/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 2/19/2019 REQUESTED ACTION BY COMMISSION: The Mayor has requested to discuss possibility of putting together a Veteran's Task Force to assist with veteran events. 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 1172 of 1256 11.D. NEW BUSINESS 2/19/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 2/19/2019 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R19-022-Authorize the Mayor to sign an Asset Purchase Agreement between the City of Boynton Beach and Parry Village I nc. for the acquisition of the Parry Village water distribution system, and approve the associated costs to purchase the systems, install the necessary water meters and connection to the Utility water distribution system. EXPLANATION OF REQUEST: Parry Village Inc. has been in discussion with the Utility for two years regarding the possibility of the Utility assuming responsibility for the provision of potable water and the management of their water distribution system. The Parry Village Inc. residents have now approved the concept of the purchase and their management committee have reached agreement with the utility on the terms of the sale. An agreement has been prepared by the City Attorney's Office and reviewed by both parties. In the interim the Utility has performed their due diligence and has inspected the water systems within Parry Village and has determined that there are no significant issues that would deter the utility from proceeding with the asset purchase. Following approval of the attached agreement, the Utility will be installing water meters at each of the residences and providing a connection to the City water distribution system. Each resident will be required to provide the $275 connection fee, the usual service agreement for those residing outside the City as well as the $100 deposit. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? There should not be any significant impact on Boynton Beach Utilities operations. Parry Village I nc. undertook a complete replacement of their water lines in 2004. FISCAL IMPACT: Budgeted Costs are as follows Asset Purchase fee $10 Connection to distribution system$44,000 Installation of meters$56,000 Funds are available in the Capital Improvement Plan Customers are outside the City limits and will pay the 25% surcharge for water. The Utility anticipates recovering the expenses associated with this purchase in approximately 3 years based on current rates. ALTERNATIVES: Not to proceed with the purchase. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: Page 1173 of 1256 CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Resolution Resolution authorizing Asset Purchase Agreement with Parry Village D Addendum Parry Village Purchase Agreement D Addendum Parry Village Exhibit A D Addendum Parry Village Exhibit B Page 1174 of 1256 1 RESOLUTION NO. R18- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, APPROVING AND AUTHORIZING THE MAYOR TO 5 SIGN AN ASSET PURCHASE AGREEMENT BETWEEN THE 6 CITY OF BOYNTON BEACH AND PARRY VILLAGE, INC., FOR 7 THE ACQUISITION OF THE PARRY VILLAGE WATER AND 8 WASTEWATER SYSTEM; APPROVING THE ASSOCIATED 9 COSTS; AND PROVIDING AN EFFECTIVE DATE 10 11 WHEREAS, Parry Village, Inc., (Parry Village) has been in discussion with the 12 Boynton Beach Utilities Department regarding the possibility of the Utilities Department 13 assuming responsibility for the provision of potable water and the management of their 14 water distribution and wastewater collection systems; and 15 WHEREAS, the City Commission, upon recommendation of staff, deems it to be 16 in the best interests of the citizens and residents of the City of Boynton Beach to approve 17 and authorize the Mayor to sign an Asset Purchase Agreement with Parry Village, Inc., for 18 the acquisition of the Parry Village water and wastewater system. 19 NOW, THEREFORE,BE IT RESOLVED 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 as 22 being true and correct and are hereby made a specific part of this Resolution upon adoption 23 hereof. 24 Section 2. The City Commission of the City of Boynton Beach, Florida hereby 25 approves and authorizes the Mayor to sign an Asset Purchase Agreement with Parry Village, 26 Inc., for the acquisition of the Parry Village water and wastewater system, a copy of which 27 is attached hereto as Exhibit"A". 28 C:AProgram Files(X86)ANeevia.Com\DocconverterproATemp\NVDC\F357ECFB-1064-4F70-AIAC-C4AB9D8CO5B6\BoPidbe 1 175 of 1 256 Beach.14787.1.Parry_Village_Asset Purchase_Agreement_-_Reso.Docx 29 Section 3. That this Resolution shall become effective immediately. 30 PASSED AND ADOPTED this day of , 2019. 31 CITY OF BOYNTON BEACH, FLORIDA 32 33 YES NO 34 35 Mayor— Steven B. Grant 36 37 Vice Mayor— Christina L. Romelus 38 39 Commissioner—Mack McCray 40 41 Commissioner—Justin Katz 42 43 Commissioner—Aimee Kelley 44 45 VOTE 46 ATTEST: 47 48 49 50 Judith A. Pyle, CMC 51 City Clerk 52 53 54 (Corporate Seal) C:AProgram Files(X86)ANeevia.Com\DocconverterproATemp\NVDC\F357ECFB-1064-4F70-AIAC-C4AB9D8CO5B6\Boftbe 1 176 of 1 256 Beach.14787.1.Parry_Village_Asset Purchase_Agreement_-_Reso.Docx ASSET PURCHASE AGREEMENT BETWEEN PARRY VILLAGE, INC. AND THE CITY OF BOYNTON BEACH This Asset Purchase Agreement (the "Agreement") is entered into on this day of , 2018 (the "Effective Date") by and between the City of Boynton Beach, a Florida municipal corporation, (hereinafter referred to as "Purchaser") and Parry Village, Inc., a Florida not for profit corporation (hereinafter referred to as "Seller"). WITNESSETH: WHEREAS, the Seller is the owner of a utility system consisting of a water distribution system in Palm each County, Florida, (the "Facilities") and serving the residential community known as Parry Village (the "Property"); and WHEREAS, a detailed map oft Facilities to be acquired by Purchaser, pursuant tothis Agreement, showing the installation location and description is attached hereto as Exhibit 'A" and incorporated herein by reference (hereinafter referred to as the "Utility Area"); and WHEREAS, Seller is currently operating the Facilities; and WHEREAS, Purchaser is engaged in providing utility services tot area where Seller's Utility System is located, is interconnected with Seller's Utility System, and is authorized to be int business of furnishing water service tot various communities in the Purchaser's Service Area; and WHEREAS, Purchaser desires to acquire, and Seller desires to sell the water distribution facilities, (collectively "Facilities") is are installed to provide utility service tote Seller's community, subject tot terms and conditions of this Agreement, as such Facilities may only be modified prior to Closing with the consent of the City of Boynton Beach. NOW, THEREFORE, in consideration of the mutual covenants as hereinafter set forth, the parties hereto agree as follows: ARTICLE I REPRESENTATIONS BY SELLER [0022=63 30"903M) Page 1177 of 1256 1 Seller and Purchaser each represent and warrant that, totheir respective actual knowI edge, as applicable below: 1.1 Seller represents and warrants to Seller as follows: 1.1.1 Seller is a Florida not for profit corporation duly incorporated, validly existing and in good standing under the laws oft State of Florida authorizing it to construct, operate and maintain a public water distribution system. 1.1.2 Seller is, and at the Closing (the "Closing" as hereinafter defined) will be, the owner oft Facilities with good and marketable title, free and clear of all liens and encumbrances. 1.1.3 Seller will cooperate fully with the Purchaser in any and all applications or petitions to public authorities deemed necessary or desirable by Purchaser in connection with the purchase of the Facilities from Seller as contemplated herein. 11 A Attached hereto as Exhibit "A" is a detailed map of the Facilities of Seller to be acquired by Purchaser, pursuant to this Agreement, showing the installation location and description. Said Facilities include aII water utility distribution assets and equipment owned by the Seller within the Property. The engineering plans and specifications for the Facilities will be transferred to Purchaser with all other records at closing. Said Facilities expressly exclude customer deposits and accounts receivables. The Facilities shall be transferred to the Seller within 180 days of the Closing. The Facilities are constructed within Sellers lands or are otherwise accessible to Seller and Purchaser. To the extent that such rights of access do not exist, Seller agrees to grant those rights at Closing. 1.1. Attached hereto as Exhibit "B" is a list, signed by the Seller, and briefly describing, as oft date of this Agreement, if any, the following: 1.1.6 All pending or threatened action at law, suits in equity, and administrative proceedings relating to the Facilities; 1.1.7 All contracts oro li is of any nature between Seller and any other party including all developer agreements relating to the Property. 1.1.8 All real estate, easements and rights and/or privileges associated with the utility owned by Seller to be transferred hereunder. 1.1.9 Except as indicated in Section 1.6, there are no pending or threatened actions at law or its in equity relating tot Facilities, or any pending 1002208M.5 3OC-9SM248) Page 1178 of 1256 or threatened proceedings relating to the Facilities before any governmental agency. 1.1.10lExcept as indicated in Section 1.6, there are no contracts or obligations of any nature between Seller and any other party relating to the Facilities ors is r promised service. 1.1.11 Neither Seller nor any entity or individual affiliated with Seller has executed any agreement with purchasers of lots within the Service Area, or any other parties, where such purchases or other parties have acquired any interest int Facilities used or to be used in rendering service tothem. 1,112 Facilities are capable of rendering utility service int ordinary course of business in compliance with all federal, state and local rules and regulations including but not limited to all rules and regulations related to environmental protection and drinking water. 1.1.13 Prior to the Closing, the consummation of the transactions contempI ated herein will have been duly authorized by all necessary action, corporate or otherwise, on behalf of Seller. 1.1.1 ller has filed all tax returns is are required to be filed, and each return which has been filed is true and correct, and Seller has paid all taxes shown as payable on such returns when and as required by applicable law associated with the Facilities. 1.1.1 representation or warranty by Seller in this agreement, or any statement or certificate furnished or to be furnished to Purchaser pursuant hereto or in connection with the transactions contemplated herein, contains or will contain any untrue statement of a material fact or omits or will omit to state a material fact necessary to make the statements contained herein or therein not misleading. 1.2 Purchaser represents and warrants to Seller as follows: 1. .1 seri a Florida municipal corporation, validly existing under the laws of the State of Florida authorizing it tooperate and maintain a public water distribution system. 1.2.2 Purchaser is exempt from the Florida Public Service Commission regulation (hereinafter referred to as the "Commission"). 1.2.3 Purchaser will cooperate fully with the Seller in any and all applications or petitions to public authorities deemed necessary or desirable to consummation of the purchase of the Facilities from Seller as contempI ated herein. 1.2.4 Prior to the Closing, the consummation of the transactions contemplated herein will have been duly authorized by all necessary municipal action or otherwise, on behalf of Purchaser. (00220936.5 30&9905M) 3 Page 1179 of 1256 1.2.5 No representation or warranty by Purchaser in this agreement, or any statement or certificate fumished or to be fumished to Seller pursuant hereto or in connection with the transactions contemplated herein, contains or will contain any untrue statement of a material fact oro its or will it to state a material fact necessary to make the statements contained herein or therein not misleading. ARTICLE 11 CLOSING AND PURCHASE PRICE 2.1 The Closing shall take place within ninety (90) days oft date of the Effective Date of this Agreement. 2.2 At the Closing, the Seller will, upon due performance by Purchaser of its obligations under the Agreement, deliver: 2.2.1 such good and sufficient warranty deeds, bills of sale with covenants of warranty, and sufficient instruments of sale, in form and substance reasonably satisfactory to Purchaser's counsel, as shaII be required to vest in Purchaser marketable it to all of the Facilities uses for the existing water system, including all required easements for the Facilities, free and clear of liens and encumbrances of every nature that would render it to the Facilities unmarketable. all of the files, documents, papers, agreements, books of account, customer lists, original cost invoices, engineering drawings, and records possessed by Seller pertaining to the Facilities, and any other records reasonably needed by Seller, provided the Seller may retain a copy oft same for its records-, 2.2.3 all orders, permits, license or certificates issued or granted to Seller by any governmental authority in connection with any authorization related tot construction, operation or maintenance of its Facilities ort conduct of its water utility business; and Opinions of Counsels, dated as of the Closing, that upon the delivery to Purchaser of the Bill of Sale and the approval respective legislative parties under Section 180.301, Florida Statutes, that Purchaser will then have it tot Facilities, free and clear of all liens and encumbrances in connection with the acquisition, construction, installation, and financing of the Facilities. 2.3 At the Closing and from time to time thereafter, Seller shall execute and deliver such further instruments of sale, conveyance, transfer and assignment, and take such other action (without expending funds or bring suit) as Purchaser may reasonably request, in order more effectively to sell, convey, transfer and 400220836.5 30"9052481 Page 1180 of 1256 lint Purchaser any oft Seller's Facilities, to confirm the title of Purchaser thereto, and to assist Purchaser in exercising rights with respect thereto. Nothing herein shall be construed to expand or enlarge the list of assets described in Exhibits "A," which is attached hereto. 2.4 The Purchaser acknowledges that the Utility System is being purchased 9&as is," and may repair or replace facilities as it deems necessary without any additional assessments imposed against the Seller's customer. 2.5 In order to perform repairs or system improvements, it is understood that the Seller, and the individual property owners, as necessary, will grant of temporary and permanent easements to the Purchaser sot the Purchaser may provide continuous utility services tot Property. 2.6 Purchase Price: At the Closing, Purchaser shall, upon due performance by Seller of its obligations under the Agreement, deliver to the Seller, the Purchase Price (the "Purchase Price") int amount of Ten and 00/100 Dollars ($10.00). Purchaser does not assume any liabilities of Seller wholly arising prior to Closing. Any and all costs and fees, other than Seller's legal fees and expenses, associated with the Closing shall be the Purchaser's responsibility. To the extent permitted by law, and subject tot limitations contained in Section 768.28, Florida Statutes, Purchaser shall indemnify Seller with respect to any liabilities of Purchaser wholly arising from and after the Closing Date. 2.7 Connection Fees: All property owners within Parry Village shall be required to pay a Two Hundred Seventy Five and 00/100 Dollars ($275.00) connection fee to the Purchaser prior to being connected to the Purchaser's water delivery system. Purchaser shall bill for, and collect the connection fee and itshall not be the obligation of Parry Village, Inc., to collect such fees. This paragraph shall survive Closing. 2.8 At Closing, the Seller shall provide the Purchaser with a signed Water Service Agreement for each unit/lot that will receive utility services from the Purchaser. If a unit/lot does not sign a Water Service Agreement, the Purchaser shall not provide utility services to the unittlot that does not sign the Water Service Agreement. The Purchaser will waive the $100.00 deposit for all customers within the Seller's service area if the individual It owners sign the Utility Service Agreement prior to Closing. If individual unit/lot owners do not sign the Utility Service Agreement by Closing, the individual unittlot owners will be required to apply tot Purchaser for service through the standard process outlined int Purchaser's Customer Service Policy, and the unit/lot owner will be required to post a $100.00 deposit. This paragraph shall survive closing. 2.9 The Purchaser recognizes that the Seller is requesting extra valves on the customer side. Only if the individual customer expressly requests the valve will the valve fee be included int stated connection fee of$275. (00220836.5 30&a905249) Page 1181 of 1256 2.10 If either party defaults int performance of any of its obligations or requirements under this Agreement, and the defaulting party fails to remedy such default within fourteen (1 4) days after written notice by the other Party of such default(s) (the "Default Notice"), except for a failure to close in accordance with the terms of this Agreement which shall constitute an immediate default for which no Default Notice is required, the non-defaulting Party shall have, as its sole remedies for such default, the option to pursue an action against the defaulting party for specific performance of this Agreement and obtain such orders or decrees as appropriate to achieve specific performance oft defaulting parties' obligations under this Agreement ort a right to declaratory judgment to have the rights and obligations oft parties judicially construed. Int event either Party is required to enforce this Agreement or have the same interpreted due conflicting interpretations of the parties respective obligations hereunder, by court proceedings or otherwise, the prevailing party shall be entitled to collect from the non-prevailing party its reasonable attorneys' fees, paraprofessional fees and costs incurred pretrial, at trial, and at all levels of proceedings, including appeals. 2.11 Int event the Seller is required to connect to centralized sewer service provided by Purchaser, the Seller agrees to connect to Purchaser's centralized sewer system, and pay the required connection fees. This paragraph shall survive closing. ARTICLE III AGENCYAPPROVALS 3.1 Within fifteen (1 5) days following the execution of this Agreement Purchaser will it applications for transfer with the appropriate regulatory agencies requesting the transfer oft Public Utility permits orsequential water use permit. Seller agrees to cooperate fully with Purchaser in Purchaser's application for such transfers and approvals. The Purchaser shall be responsible for all costs and expenses associated with the applications for transfer of Public Utility permits or sequential water use permits. The parties agree to extend the Closing date to accommodate any legally required approvals by any appropriate regulatory agency concerning the transfer of the Public Utility permits for the Property. 3.2 The annexation of Seller's development is not a condition precedent to the Purchaser approving this Agreement. ARTICLE IV GENERAL 4.1 Upon purchase of the Facilities of Seller, Purchaser agrees to supply all customers within the Parry Village with continuous (subject to unavoidable JD0226836.5 30"902481 Page 1182 of 1256 outages) adequate and customary utility service, and tooperate, continuously maintain and promptly repair Facilities acquired herein. The Parry Village customers shall receive a rate no less favorable than the rate offered by the City of Boynton Beach to any other customer itserves outside oft boundaries of the City of Boynton Beach. This warranty shall survive the Closing of this Agreement. 4.2 Following Closing, the unittlot owners served by the Utility System shall caII Purchaser's Customer Service centers for all utility service issues. 4.3 The Purchaser agrees to assume all responsibilities and costs for the initial connection of Seller's Facilities to Purchaser's Utility System. 4.4 The Seller agrees to assume all responsibilities and costs for the disconnection of Seller's Facilities equipment from the Seller's Utility Area. 4.5 The failure of either party hereto to enforce any of the provisions ofthis Agreement or the waiver thereof in any instance by either party shall not be construed as a general waiver or relinquishment on its part of any such provisions, but the same shall, nevertheless, be and remain in full force and effect. 4.6 Any notice of delivery required to be made hereunder may be made by mailing a copy thereof addressed to the appropriate party as follows: If to Purchaser: Mr. Colin Groff, Assistant City Manager it of Boynton Beach 124 E. Woolbright Road Boynton Beach, Florida 33435 With Copy To: Lori LaVerriere, it Manager P.O. Box 310 Boynton Beach, FL 33426 Attn: Lori LaVerriere, it Manager With Copy To: James A. Cherof, City Attorney 100 E. Boynton Beach Blvd. Boynton Beach, FL 33435 If to Seller- Robert Rubinstein, Esq. Becker& Pollakoff, P.A. 625 N. Flagler Drive, 7th Floor West Palm Beach, FL 33401 (00220M63 90"905MI 7 Page 1183 of 1256 Delivery, when made by registered orcertified mail, or via overnight delivery service (such as FedEx or UPS) shall be deemed complete upon mailing or delivery tot service provider. 4.7 The Attachments to this Agreement are a part hereof and are hereby incorporated in full by reference. 4.8 This Agreement shall be governed by the laws oft State of Florida. Venue for any litigation filed to enforce the terms and conditions of this Agreement shall be filed int appropriate state orf r l court located in Palm Beach County, Florida 4.9 The representations and warranties contained herein Article I shall survive, and continue in effect, after the Closing for a period of one year from the date of Closing. 4.10 Seller agrees to indemnify Purchaser, its successors and assigns, and of it harmless against any loss, damage, liability; expense or cost accruing or resulting from any misrepresentation or breach of any representation, warranty or agreement on the part of the Seller under this Agreement orf any misrepresentation in or material omission from any certificate or other document fumished or to be furnished to Purchaser by Seller. This provision shall survive Closing. 4.11 Tote extent permitted by law, and subject to the limitations contained in Section 768.28, Florida Statutes, Purchaser agrees to indemnify Seller, its successors and assigns, and hold it harmless against any loss, damage, liability, expense or cost, accruing or resulting from any misrepresentation or breach of any representation, or warranty or agreement made or to be performed by Purchaser under this Agreement orf any misrepresentation in or material omission from any certificate or other documents furnished or to be furnished to Seller by Purchaser. This provision shall survive Closing. 4.12 This Agreement shall be binding upon and inureto the benefit of the parties hereto and their respective successors and assigns. 4.13 Modification. This Agreement may not be changed, altered, modified, amended or terminated except by written agreement signed by of the Seller and Purchaser. 4.14 Binding Agreement. This Agreement shall be binding upon and inure to the benefit oft Parties hereto, it heirs, assigns and successors in interest. This Agreement is solely for the benefit oft Parties to this Agreement and no right or cause of action shall accrue upon, to or fort benefit of any third party not a party tothis Agreement. Nothing inthis Agreement expressed orimplied is intended orshall be construed to confer upon any person or corporation other than the Parties tothis Agreement any right, remedy or claim under or by reason of this Agreement or any provisions or conditions of this Agreement, and all of the (00220836.5 W&9905248) Page 1184 of 1256 provisions, representations, covenants and conditions contained in this Agreement shall it tot sole benefit of and shall be binding upon the Parties tothis Agreement and their respective representatives, successors and assigns. 4.15 Severability. In the event that any paragraph, section, term, provision or portion of this Agreement is determined to be illegal, unenforceable, or otherwise invalid, such paragraph, section, term, provision or portiun of this Agreement shall be given its nearest legal meaning or be stricken from and construed for all purposes not to constitute a part of this Agreement, and the remaining portion of this Agreement shall remain in full force and effect and shall, for all purposes, constitute the entire agreement. 4.16 Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be an original, and a complete set of which taken together shall constitute one and the same agreement. The parties agree and intend that a signature by facsimile machine or electronic transmission (i.e. e-mail) shall in the party so signing with the same effect as though the signature was an original. 4.17 Entire Agreement. This Agreement constitutes the complete understanding and entire agreement of the Seller and Purchaser with respect to the matters addressed in this Agreement and there are no other agreements, representations, or warranties other than as set forth in this Agreement. No agreement or representation, unless set forth inthis Agreement, shall bind any of the Parties tothis Agreement. 4.18. WAIVER OF BREACH. The failure of the Seller or Purchaser to enforce any provisions of this Agreement shall not be construed to be a waiver of such or any other provision, nor in any way to affect the validity of all or any part ofthis Agreement, ort right of such party thereafter to enforce each and every such provision. No waiver of any breach of this Agreement shall be held to constitute a waiver of any other or subsequent breach. 4.19. TIME AND TIME PERIODS. Time isof the essence int performance of each oft obligations contained in this Agreement. Unless otherwise specifically provided in this Agreement, time periods shall be determined on calendar days, including Saturdays, Sundays and legal holidays. Wherever any time limit or date provided inthis Agreement falls on a Saturday, Sunday or legal holiday under the laws of the State of Florida, then that date is automatically extended to the next day that is not a Saturday or Sunday or legal holiday. For purposes of this Agreement, the term "Business Day" means any weekday that is not a legal holiday under the laws oft State of Florida. HEADINGS. The headings, captions and section numbers appearing in this Agreement are inserted only as a matter of convenience and do notdefine, (W220836.5 3069905748j 9 Page 1185 of 1256 limit, construe or describe the scope or intent of such paragraphs of this Agreement or in any way affect this Agreement. 4.21. CONSTRUCTION OF AGREEMENT. The Purchaser and Seller acknowledge that they have had the benefit of independent counsel with regard to this Agreement and that this Agreement has been prepared as a result of the joint efforts of all Parties and their respective counsel. Accordingly, all Parties agree that the provisions of this Agreement shall not be construed or interpreted for or against any Party based upon authorship. 4.22. EXECUTION OF DOCUMENTS. Each Party covenants and agrees that it will at any time and from time to time do such acts and execute, acknowledge and deliver, or cause to be executed, acknowledged and delivered, such documents reasonably requested by the other Party necessary to carry out fully and effectuate the transaction contemplated by this Agreement and to convey good and insurable it for all conveyances subject to this Agreement. IN WITNESS WHEREOF, the parties hereto have set it hands and seals the day and year above first written. ATTEST. CITY OF BOYNTON BEACH, a municipal corporation oft State of Florida By: Judith Pyle, City Clerk Steven B. Grant, Mayor Approved as to Form: (SEAL) is oft City Attorney STATE OF FLORIDA )ss COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this day of . 20 by Steven B. Grant, as Mayor of the City of Boynton Beach, Judith Pyle, City I rk of the City of Boynton Beach, and as {00220936.5 306a905249} Page 1186 of 1256 Attorney for the City of Boynton Beach, who are personally known to me or have as identification. My Commission expires: Notary Public, State of Florida Printed Name of Notary Public PARRY VILLAGE, INC., a Florida corporation By: . t ,o Title: ATTEST. By: Print7N me: ul&J�91=-2 Title: —46" (CORPORATE SEAL) STATE OF FL%LIDA COUNTY OF 4 'y- The foregoin instrurn t M a cknowledged betore me this 30' day of by n (L and as and Village, Inc., a Florida not-for-profit. corporation, ho is je r,, me or has produced a as identification, on behalf of Parry Village, Inc., and has executed the foregoing instrument on behalf of Parry Village, Inc. A My commission Expir 0 Notary Public, State of Florida ef NOCT P, Printed Name of Notary Public A.280 'b gr 0 c, 111111110 COD22OB36.5 3O899D52U) Page 1187 of 1256 EXHIBIT A PARRY TRAILER VILLAGE WATER DISTRIBUTION SYSTEM PARRY TRAILER VILLAGE �i aw 4i S Y { _ �`,� 4 —r-�....,r—p.- �}..u;^ 1,"r—,„—rad _ •� �t tr — a s MAIHIWS CONSUIANG .iF,U c: ,y,E . r m Page 1188 of 1256 Pany Village Inc. 4146 88th Court South Boynton Beach, FL 33436 ............................................................................................................... A self-owned and managed Mobile/Manufactured Home Community, Located off Lawrence Road, just south of Gatoway Blvd. January 31, 2019 Attachment for Exhibit B Outstanding Issues re ParryVillage Inc. 1. Small Claims Court Lawsuit from Nancy Schmidt (aka Nancy Kowalski). Claim No. NPA10060 Case No. 50-2018-SC-016139-XXXX-MB (RIF) 2. Lawsuit from Margaret Mary Doyle/Trustee vs Parry Village Inc. Case No. 2019 CA000591XXXXAM Page 1189 of 1256 11.E. NEW BUSINESS 2/19/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 2/19/2019 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R19-023-Authorize the Mayor to sign documents relating to transferring Lot 154 & Lot 155 on NE 3rd Street to the Boynton Beach Community Redevelopment Agency. EXPLANATION OF REQUEST: On February 8, 2019 the City received a request from the Executive Director of the Boynton Beach Community Redevelopment Agency (CRA) requesting the City transfer the following lots on NE 3rd Street to the CRA: Lot 154- PCN #08-43-45-21-18-000-1540 Lot 155- PCN #08-43-45-21-18-000-1550 The CRA is working with the Community Caring Center (CCC) to acquire their property at 145 NE 4th Avenue for the CRA's Cottage District project. The CRA currently owns lot 156 at the corner of 3rd Street and NE 9th Avenue which is adjacent to the above 2 city parcels. The CRA Board has approved utilizing their lot to move the CCC's operations but the lot is not large enough and is requesting the City transfer the above 2 lots to the CRA so they can add to the current lot they own in order to accommodate the CCC's operations. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT: N/A ALTERNATIVES: None. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 1190 of 1256 ATTACHMENTS: Type Description D Resolution Resolution authorizing the transfer of Lots 154 and 155 to the CRA D Attachment Request from C RA Page 1191 of 1256 I RESOLUTION NO. R19 - 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA,AUTHORIZING THE MAYOR TO SIGN ANY 5 AND ALL DOCUMENTS RELATED TO 6 TRANSFERRING OWNERSHIP OF LOT 154 AND LOT 7 155 ON NE 3RD AVENUE TO THE BOYNTON BEACH 8 COMMUNITY REDEVELOPMENT AGENCY; AND 9 PROVIDING AN EFFECTIVE DATE. 10 11 WHEREAS, on February 8, 2019 the City received a request from the Boynton Beach 12 Community Redevelopment Agency (CRA)requesting the City transfer ownership of Lot 154 13 and Lot 155 on NE 3rd Street to the CRA; and 14 WHEREAS, the CRA is working with the Community Caring Center to acquire their 15 property at 145 NE 4th Avenue for the CRA's Cottage District project; and 16 WHEREAS, the CRA will need the City's two lots so they can add it to Lot 156, 17 already owned by the CRA to move the Community Caring Center's operations to property 18 which will accommodate it; and 19 WHEREAS, the City Commission, upon recommendation of staff, deems it in the best 20 interest of the Citizens and residents of the City of Boynton Beach to authorize the Mayor to 21 sign any and all documents necessary to transfer ownership of Lot 154 and Lot 155 on NE 3rd 22 Street to the Boynton Beach Community Redevelopment Agency for use the CRA's Cottage 23 District project. 24 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 25 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 26 Section 1. The foregoing "WHEREAS" clauses are true and correct and hereby 27 ratified and confirmed by the City Commission. 28 Section 2. The City Commission of the City of Boynton Beach hereby authorizes 29 the Mayor to sign any and all documents necessary to transfer ownership of Lot 154 and Lot C:AProgram Files(X86)ANeevia.Com\DocconverterproATemp\NVDC\2D7939B7-AE88-4DA6-9F4C-ACC6C81FD86A\Boynton Beach.14836.1.Transfer Lot 154 And 155 NE 3rd Street To CRA - Reso.Docx Page 1192 of 1256 1 155 on NE 3rd Street to the Boynton Beach Community Redevelopment Agency for use the 2 CRA's Cottage District project. 3 Section 3. That this Resolution will become effective immediately upon passage. 4 PASSED AND ADOPTED this day of , 2019. 5 6 CITY OF BOYNTON BEACH, FLORIDA 7 YES NO 8 Mayor— Steven B. Grant 9 10 Vice Mayor— Christina Romelus 11 12 Commissioner—Mack McCray 13 14 Commissioner—Justin Katz 15 16 Commissioner—Aimee Kelley 17 18 19 VOTE 20 ATTEST: 21 22 23 24 Judith A. Pyle, CMC 25 City Clerk 26 27 28 29 (City Seal) 30 C:AProgram Files(X86)ANeevia.Com\DocconverterproATemp\NVDC\2D7939B7-AE88-4DA6-9F4C-ACC6C81FD86A\Boynton Beach.14836.1.Transfer Lot 154 And 155 NE 3rd Street To CRA - Reso.Docx Page 1193 of 1256 J f g`` 710 N Federal Highway Boynton Beach, FL 33435 BOYNTOPh: 561-737-3256 ,, Fax: 561-737-3258 EAC RA .catch o nton.co February 6, 2019 Lori LaVerriere Boynton Beach City Manager 3301 Quantum Blvd. Suite 101 Boynton Beach, FL 33426 Sent Via Email: LaVerrIereL@bbfI,us Re: Request for transfer of two City Owned Properties on NE 3rd Street: Lot 154— PCN #08-43-45-21-18-000-1540 Lot 155— PCN #08-43-45-21-18-000-1550 Dear Lori: As you know, the CRA has been working with the Community Caring Center(CCC)to acquire their property located at 145 NE 4I Avenue. This location is within the CRA's Cottage District Project site area and the CGC's quasi-commercial operation really needs to be relocated to a more suitable location. The CRA currently owns Lot 156, Arden Park, PCN #08-43-45-21-18-000-1560 (corner of NE 3rd Street and NE 91h Avenue) which is adjacent to the above-referenced City owned lots. The CRA owned property located on NE 3rd has been approved by both the CRA and the CCC's Boards as an acceptable location in which to move their operations. However, the CRA's lot is not large enough to accommodate their expansion. We would need to combine our lot with the two adjacent lots owned by the City and referenced above. am respectfully requesting that you bring the formal transfer request of these two City owned properties to the City Commission at their next available meeting. Thank you for your consideration and as always, it is a pleasure working with you and City staff on these projects. Sincerely, Michael Simon Executive Director Enc. PAPA Map and parcel information Cc: Thuy Shutt, CRA Asst. Director Page 1194 of 1256 �� ��Oo i 499 ���x�i�1PZl�n ya u3. rtiry a4 0 S i t Location Address NE 3RD ST Municipality BOYNTON BEACH Parcel Control Number 08-43-45-21-18-000-1550 Subdivision AMEN PARK ADD IN Official Records Book 16142 Page 1815 Sale Date OCT-2003 Legal Description AMEN PARK LT 155 Mailing address Owners PO BOX 310 BOYNTON BEACH CITY OF BOYNTON BEACH FL 33425 0310 Sales Date Price OR Book/Page Sale Type Owner OCT-2003 $60,000 16142/01815 WARRANTY DEED BOYNTON BEACH CITY OF OCT-2003 $10 16142/01812 QUIT CLAIM COOPER PINKIE A DEC-1987 $100 05704/01456 QUIT CLAIM JAN-1974 $100 02294/01958 WARRANTY DEED Exemption Applicant/Owner Year Detail BOYNTON BEACH CITY OF 2017 FULL.MUNICIPAL GOVERNMENT Number of Units 0 *Total Square Feet 0 Acres 0.1728 1000-VACANT C2-Neighborhood Commercial(08- Use Code COMMERCIAL 20 BOYNTON BEACH) Tax Year 2016 2015 2014 Improvement Value $0 $0 $0' Land Value $45,174 $42,660 $42,238 Total Market Value $45,174 $42,660 $42,238'' All values are as of January 1 st each year Tax Year 2016 2015 2014 Assessed Value $45,174 $42,660 $42,238' Exemption Amount $45,174 $42,660 $42,238'' Taxable Value $0 $0 $0 Tax Year 2016 2015 2014 Ad Valorem $0 $0 $0'' Non Ad Valorem $0 $0 $0' Total tax $0 $0 $0'' Page 1195 of 125 �� ��Oo i 499 ���x�i�1PZl�n ya u3. rtiry a4 0 S i t Location Address NE 3RD ST Municipality BOYNTON BEACH Parcel Control Number 08-43-45-21-18-000-1540 Subdivision AMEN PARK ADD IN Official Records Book 16142 Page 1815 Sale Date OCT-2003 Legal Description AMEN PARK LT 154 Mailing address Owners PO BOX 310 BOYNTON BEACH CITY OF BOYNTON BEACH FL 33425 0310 Sales Date Price OR Book/Page Sale Type Owner OCT-2003 $60,000 16142/01815 WARRANTY DEED BOYNTON BEACH CITY OF OCT-2003 $10 16142/01812 QUIT CLAIM COOPER PINKIE A DEC-1987 $100 05704/01456 QUIT CLAIM JAN-1974 $4,000 02378/01724 WARRANTY-DEED Exemption Applicant/Owner Year Detail BOYNTON BEACH CITY OF 2017 FULL.MUNICIPAL GOVERNMENT Number of Units 0 *Total Square Feet 0 Acres 0.1679 1000-VACANT C2-Neighborhood Commercial(08- Use Code COMMERCIAL 20 BOYNTON BEACH) Tax Year 2016 2015 2014 Improvement Value $0 $0 $0' Land Value $43,884 $41,442 $41,032 Total Market Value $43,884 $41,442 $41,032'. All values are as of January 1 st each year Tax Year 2016 2015 2014 Assessed Value $43,884 $41,442 $41,032' Exemption Amount $43,884 $41,442 $41,032 Taxable Value $0 $0 $0 Tax Year 2016 2015 2014 Ad Valorem $0 $0 $0'' Non Ad Valorem $0 $0 $0' Total tax $0 $0 $0'' Page 1196 of 125 s 4 LO4— dt5 0 rl— CY) CL CL C � J � •�m � L L 0 0 Q Q 4 � � N { 0 0 Q � a U U � s r. ',r?� 1 __ 12.A. LEGAL 2/19/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 2/19/2019 REQUESTED ACTION BY COMMISSION: PROPOSED ORDINANCE 19-009 - SECOND READING - PUBLIC HEARING -Approve changes to Chapter 18, Article IV, Pensions for Firefighters. EXPLANATION OF REQUEST: As a result of collective bargaining the City and the Union have agreed to changes to the Firefighters' Pension which require a modification of the City Code of Ordinances, Chapter 18, Article IV for the following: • Provide a maximum benefit cap of$95,000; • Revise early retirement date for newly hired firefighters; and • Revise normal retirement date for newly hired firefighters. Prior to the Ordinance becoming effective the following conditions precedent to the adoption of this Ordinance have occurred: (a) the City Commission has received and has accepted a report establishing the actuarial soundness of these amendments or a letter of opinion from the Plan Actuary that the amendment has no actuarial impact; and (b) the Ordinance and impact statement have been sent to the State of Florida Division of Retirement; and (c) the Fire Pension Board Attorney has provided the City with a written legal opinion that the amendments are in accord with all State and Federal Statutes and Regulations. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The intent is that these revisions will continue to provide a competitive retirement plan while being fiscally responsible in the administration of the plan. FISCAL IMPACT: ALTERNATIVES: Not approve modification and leave pension plan as is. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No Page 1198 of 1256 CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Ordinance Ordinance Amending IFF Pension Ord 18-180 D Attachment Actuarial Impact Statement D Attachment Letter from Pension Atty Page 1199 of 1256 I ORDINANCE NO. 19- 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH 4 AMENDING CHAPTER 18, ARTICLE IV, PENSIONS 5 FOR FIREFIGHTERS; AMENDING SECTION 18-180 TO 6 PROVIDE A MAXIMUM BENEFIT CAP OF $95,000; 7 AMENDING SECTION 18-180.1 TO PROVIDE FOR A 8 REVISED EARLY RETIREMENT DATE FOR NEWLY 9 HIRED FIREFIGHTERS; AMENDING SECTION 18-185 10 TO PROVIDE FOR A REVISED NORMAL 11 RETIREMENT DATE FOR NEWLY HIRED 12 FIREFIGHTERS; PROVIDING FOR CONFLICTS, 13 SEVERABILITY, CODIFICATION AND AN EFFECTIVE 14 DATE. 15 16 WHEREAS, the City of Boynton Beach and the International Association of 17 Firefighters,Local 1891 have negotiated amendments to the Boynton Beach Firefighter Pension 18 Trust Fund; 19 WHEREAS, Addendum "E" to the parties' collective bargaining agreement provides 20 for a revised benefit structure for new firefighters. In particular, Addendum "E" provides for 21 revised early and normal retirement dates for newly hired firefighters; 22 WHEREAS, Addendum "E" also provides for a maximum benefit cap of$95,000 for 23 active firefighters, as permitted by law; 24 WHEREAS, the Board of Trustees of the Boynton Beach Firefighter Pension Trust 25 Fund has recommended the adoption of an Ordinance to codify Addendum "E"; 26 WHEREAS, the City Commission of the City of Boynton Beach, desires to amend 27 Chapter 18 of the Code of Ordinances of the City as recommended by the Board of Trustees. 28 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 29 THE CITY OF BOYNTON BEACH, FLORIDA: 30 Section 1. The foregoing Whereas clauses are true and correct and are now ratified 31 and confirmed by the City Commission. Page 1200 of 1256 32 33 34 Section 2: Section 18-180 is hereby amended to read as follows: 35 Sec. 18-180. Monthly retirement income. 36 37 (a) The amount of monthly retirement income payable to a firefighter who retires on or 38 after the firefighter's normal retirement date shall be an amount equal to the number of the 39 firefighter's years of credited service multiplied by 3% of such firefighter's average final 40 compensation. Effective October 1, 2018 the maximum normal retirement benefit shall be 41 capped at ninety-five thousand dollars ($95,000)(hereinafter the"maximum benefit cap"). The 42 maximum benefit cap will be increased annually beginning on the first (1st) day of October 43 2023 and on each October 1st thereafter) by one and a half percent 1.5%). The maximum 44 benefit cap shall also apply to early retirement, deferred vested retirement and disability 45 retirement. In the case of early retirement and deferred vested retirement, the maximum benefit 46 cap shall be applied to the normal retirement benefit before reflecting any reductions for early 47 retirement. At all times, the Plan shall comply with the maximum benefit limitations of IRS 48 Code Section 415(d) and all applicable Treasury Regulations. 49 50 ll�eeyent may a fnemb .,1 benefit 'a + lesser-E)P 51 52 Revenue Code (IRG) Seetion 415(d), but only for- the year- in whieh stieh adjustfReat is 53 ; ef 54 55 56 highest paid eanseetitive years; however-, benefits of tip to $10,000 a year- ean be paid WithEffl 57 fegafd te the 100-4 58 defined benefit plans (as defined in IRG, Seetion 14 10)) maintained by the eity for-the pr-esen 59 and any pr-ier-year-de net&ieeed $10,000 and the eity has net iaintained a defined 60 , 61 62 If a fnember- has less than ten years of sef-viee with the eity, the applieable lifnitati 63 64 , 65 . 66 67 " 68 far-fn E)f a straight life annuity with ne aneillar-y E)r- ineidental benefits afid With HE) fflefflber- E) 69 70 paragraphs(1)and(2)above will be r-edueed aettiar-ially,usia– Fate assumpt an equal 71 ° . 72 73 74 in paragraph (1) shall be r-edueed aettiar-ially u-i —1-4--Rte assu 4 to the 75 ° ; 2 C:AProgram Files (X86)\Neevia.Com\Docconverterpro\Temp\NVDC\C1E172D9-FC48-4905-8AB5- 8C5F4757D87A\Boynton Beach.14581.1.Ordinance Adoption 2018- 2021-CBA Final Draft (00121524xbcl71) .Docx Page 1201 of 1256 76 shall not be r-edueed below seventy five thatisand dollars ($75,000.00) if payfRefit of benefits 77 begins at or- after- age fifty five (55) and not below the aetuar-ial equivaleat of seventy five 78 thatisand dollars ($75,000.00) if paymeat of benefits begins befOr-e age fifty fiVe (55). FEW 79 member-with fifteen (15) er-mer-e years ef sef-,4ee with the eity, the r-edttetiens deser-ibed abev_e 80 shall not r-eduee stieh fnember-'s benefit below fifty thatisand dollars ($50,000.00) (aE�Hsted fO 81 east E)f living in aeear-danee with IRS Seetion 415(d), but only for- the year- in whieh sue.h. 82 aE�tistfneat is eff-eetive). if r-etir-efneat benefits begin after- age si�E�y five (65), the dallaf 83 lifnitation of paragraph (1) shall be iner-eased aettiar-ially by rest assump ion equal 84 to the lose-of five (5) pe entor-the rate used for-aettiar-ial e .,io,,,e 85 86 "average 87 highest paid eanseetitive years" shall fnean the fnember-'s greatest aggregate eampeasation 88 dur-ing the period of three (3) eanseetitive ealeadA_ ­hieh the individual was an aetive 89 member- ef the plan. The stim ef the d Aned be—fit f+aetien and the defined eefltr-ibu 90 fFaetion for- all qualified plans of the e4y for- eaeh eamm it shall not e�Eeeed ane 91 0-0* 92 93 Section 3: Section 18-180.1 is hereby amended to read as follows: 94 Sec. 18-180.1 Computation of monthly retirement income in the instance of early retirement. 95 96 The benefit payable for early retirement shall be the same as determined for normal 97 retirement, as set forth in section 18-180, less three (3)per cent for each year or portion thereof 98 of which the member's actual retirement date precedes she date which would have been the 99 member's normal retirement date had such member remained in full-time employment with the 100 city. For all new members hired on or after February 5, 2019 hereinafter "Tier 2 members"), 101 early retirement shall be available at age fifty(50)with at least ten(10)years of service,reduced 102 by the three (3) per cent per year early retirement reduction described above. The maximum 103 benefit cap established in 2019 shall apply to early retirement benefits, but for calculation 104 purposes shall be actuarially determined based on the member's normal retirement benefit. 105 106 Section 4: Section 18-183 is hereby amended to read as follows: 107 Sec. 18-182 Disability retirement benefits. 108 109 (a) Service incurred. Any member who receives a medically substantiated service 110 connected injury, disease or disability, which injury, disease or disability totally and 111 permanently disables such member to the extent that, in the opinion of the board of trustees,the 112 member is wholly prevented from rendering useful and efficient service as a firefighter, shall 113 receive a monthly benefit equal to sixty-six and two-thirds (66 2/3) per cent of the member's 114 basic rate of earnings in effect on the date of disability. Such benefit shall be payable on the 115 first day each month, commencing on the first day of the month following the latter to occur of 116 the date on which the disability has existed for three (3) months and the date the board of 117 trustees approved the payment of such retirement income. In the event of recovery prior to the 118 otherwise normal retirement date, credit for service during the period of disability shall be 119 granted for purposes of subsequent retirement benefits. The amount of the disability benefit 3 C:AProgram Files (X86)\Neevia.Com\Docconverterpro\Temp\NVDC\C1E172D9-FC48-4905-8AB5- 8C5F4757D87A\Boynton Beach.14581.1.0rdinance Adoption 2018- 2021-CBA Final Draft (00121524xbc171) .Docx Page 1202 of 1256 120 payable from the fund shall be reduced by any amounts paid or payable as disability benefits 121 from workers' compensation and the federal social security system. The reduction for social 122 security benefits shall be in the amount of the primary insurance amount(PIA) only, and future 123 increase, if any, in the disabled member's social security disability benefit shall not serve to 124 reduce any further the disability benefit from the fund. The reduction for social security shall 125 terminate upon the attainment of age sixty-five (65). For purposes of compliance with Chapter 126 175, Florida Statutes, service-incurred disability benefits shall not be offset below 42% of 127 average final compensation. The maximum benefit cap established in 2019 shall apply to 128 service incurred disability retirement benefits under this subsection. 129 130 (b) Nonservice incurred. Any member with ten (10) years of continuous service who 131 receives a nonservice incurred injury, illness, disease or disability, and which illness, injury, 132 disease or disability totally and permanently disables such member to the extent that, in the 133 opinion of the board of trustees, the member is wholly prevented from rendering useful and 134 efficient service as a firefighter, shall receive from the fund in equal monthly installments an 135 amount equal to two and one-half(2'/2) per cent of that member's average final compensation 136 for each year of continuous service until death or recovery from disability, whichever shall first 137 occur; Such benefit shall be payable on the first day of each month, commencing on the first 138 day of the month following the latter to occur of the date on which the disability has existed for 139 three (3) months and the date the board of trustees approved the payment of such retirement 140 income. For purposes of compliance with F.S. Chapter 175, the minimum nonservice-incurred 141 disability benefit shall be 25% of average final compensation. The maximum benefit cap 142 established in 2019 shall apply to non-service incurred disability retirement benefits under this 143 subsection. 144 145 Section 5: Section 18-185 is hereby amended to read as follows: 146 Sec. 18-185 Normal retirement date. 147 148 The normal retirement date of each firefighter will be the first day of the month coinciding with, 149 or next following, the earlier of the date on which such firefighter has attained and completed 150 twenty (20) years of service, regardless of age, or at fifty-five (55) years of age with ten (10) 151 years of service. There is no age requirement for a normal retirement. For all members first 152 hired on or after February 5, 2019 (hereinafter"Tier 2 members"), the normal retirement date 153 will be the first day of the month coinciding with or next following the date on which the 154 firefighter has attained and completed twenty-five (25) years of service, regardless of age, or 155 at fifty-five 55)years of age with ten (10)years of service. If a Tier 2 member separates from 156 service with less than twenty-five (25) years of service the normal retirement date shall be the 157 first day of the month coinciding with, or next following, attainment of age fifty-five (55). 158 159 160 161 Section 6: That all ordinances or parts of ordinances in conflict herewith be and the 162 same are hereby repealed. 4 C:AProgram Files (X86)\Neevia.Com\Docconverterpro\Temp\NVDC\C1E172D9-FC48-4905-8AB5- 8C5F4757D87A\Boynton Beach.14581.1.0rdinance Adoption 2018- 2021—CBA Final Draft (00121524xbc171) .Docx Page 1203 of 1256 163 Section 7: Should any section or provision of this ordinance or portion hereof, any 164 paragraph, any sentence, or word be declared by a court of competent jurisdiction to be invalid, 165 such decision shall not affect the remainder of this ordinance. 166 Section 8: Authority is hereby granted to codify this ordinance. 167 Section 9: As agreed by the parties, the sum of$150,000 of Chapter 175 insurance 168 premium taxes (IPT) shall be used to reduce the Pension Fund's unfunded liability as follows: 169 $75,000 of IPT shall be allocated effective October 1, 2019 and $75,000 of IPT shall be 170 allocated effective October 12020, consistent with SB 172 and past practice. 171 Section 10: This ordinance shall become effective immediately upon passage,but the 172 $95,000 cap shall not be interpreted as applying to the accrued benefit of any grandfathered 173 members as of October 1, 2018. For purposes of this section, "grandfathered member" shall 174 include existing retirees, deferred vested members, DROP participants and currently employed 175 firefighters who are presently eligible for normal retirement. 176 FIRST READING this day of , 2019. 177 5 C:AProgram Files (X86)\Neevia.Com\Docconverterpro\Temp\NVDC\C1E172D9-FC48-4905-8AB5- 8C5F4757D87A\Boynton Beach.14581.1.0rdinance Adoption 2018- 2021—CBA Final Draft (00121524xbc171) .Docx Page 1204 of 1256 178 SECOND, FINAL READING AND PASSAGE this day of 179 2019. 180 CITY OF BOYNTON BEACH, FLORIDA 181 182 YES NO 183 184 185 Mayor— Steven B. Grant 186 187 Vice Mayor— Christina L. Romelus 188 189 Commissioner—Mack McCray 190 191 Commissioner—Justin Katz 192 193 Commissioner—Aimee Kelley 194 195 VOTE 196 ATTEST: 197 198 199 Judith A. Pyle, CMC 200 City Clerk 201 202 203 (Corporate Seal) 204 205 206 6 C:AProgram Files (X86)\Neevia.Com\Docconverterpro\Temp\NVDC\C1E172D9-FC48-4905-8AB5- 8C5F4757D87A\Boynton Beach.14581.1.Ordinance Adoption 2018- 2021—CBA Final Draft (00121524xbcl71) .Docx Page 1205 of 1256 Retirement P:954.527.1616 1 F:954.525.0083 I www.grscansulting.com Consulting February 8, 2019 Mr. David Williams Boynton Beach Firefighters' Retirement Plan Precision Pension Administration 2100 North Florida Mango Road West Palm Beach, Florida 33409 Re: City of Boynton Beach Municipal Firefighters' Pension Trust Fund-Actuarial Impact Statement Dear Dave: As requested,we are enclosing an Actuarial Impact Statement showing the estimated impact of the proposed changes in Plan provisions to the City of Boynton Beach Municipal Firefighters' Pension Trust Fund (Plan). The results are based on census and asset data as of October 1, 2017. This is an approximate first-year impact based on the October 1, 2017 actuarial valuation. The actual first-year impact will be reflected in the October 1,2018 actuarial valuation. The fiscal year 2019 required city contribution will not change. Please refer to the enclosed exhibits for details. The following is a brief description of the proposed changes considered in this Actuarial Impact Statement. ➢ Current Plan Provisions and Assumptions—Same plan provisions and actuarial assumptions as used in the October 1, 2017 Actuarial Valuation Report.The benefit formula is equal to the Average Final Compensation (AFC) multiplied by 3%per year of Credited Service (there is no maximum benefit).The normal retirement date is the earlier of the attainment of 20 years of Credited Service regardless of age or age 55 with 10 years of Credited Service.Vested members terminating service with less than 20 years of Credited Service and under age 55 are eligible for a deferred Normal Retirement benefit that begins on the date that would have been the member's Normal Retirement date had they continued employment. ➢ Plan Changes—Reflecting the proposed changes in accordance with the proposed ordinance, as listed below: • Effective October 1, 2018,for all Firefighters who are not eligible for Normal Retirement as of October 1, 2018 the normal retirement benefit shall be limited to a "maximum benefit cap", initially set at$95,000 per year.The maximum benefit cap will be increased annually beginning on October 1, 2023 (and on each October 1St thereafter) by 1.5%.The maximum benefit cap shall also apply to early retirement, deferred vested retirement and disability retirement benefits. For early retirement and deferred vested retirement,the maximum benefit cap shall be applied to the normal retirement benefit before reflecting any reductions for early retirement. Based on the valuation census data as of October 1, 2018,there were no Firefighters who are not Mr. David Williams February 8, 2019 Page 2 eligible for Normal Retirement as of October 1, 2018 with an accrued normal retirement benefit as of October 1, 2018 that exceeded$95,000. Firefighters who are eligible for Normal Retirement as of October 1, 2018 are not subject to the maximum benefit cap. The ordinance also amends the Plan as follows: • All new members hired on or after the effective date of the Ordinance are classified as"Tier 2 members". All members hired before the effective date of the Ordinance are classified as "Tier 1 members". Tier 2 benefit provisions that differ from Tier 1 benefit provisions include the following: o The normal retirement date will be the earlier of completion of 25 years of Credited Service regardless of age, or attainment of age 55 years with 10 years of Credited Service. o Vested members terminating service with less than 25 years of Credited Service will be eligible for a deferred Normal Retirement benefit that begins at age 55. Because these changes only apply to future hires,they do not have an immediate actuarial impact on the Plan. We estimate that the normal cost rate (i.e.,the cost of benefits earned each year, as a percentage of covered payroll)will be approximately 3.83%of covered payroll lower for Tier 2 members than for Tier 1 members. Although not specifically stated in the Ordinance,we have assumed that the Plan will maintain compliance with Chapter 175 minimum benefit provisions, so the overall minimum benefit is 2.75%of AFC multiplied by all years of credited service,without regard to the maximum benefit cap. Summary of Findings • If the proposed Plan changes had been recognized as of October 1, 2017,the actuarially determined employer contribution (ADEC)for the fiscal year ending September 30, 2019 would have decreased by$180,420 (1.56%of covered payroll,from 55.42%to 53.86%). • If the proposed Plan changes had been recognized as of October 1, 2017,the funded ratio (actuarial value of assets divided by actuarial accrued liability)would have increased by 0.6%,from 62.6%to 63.2%.The amount of the unfunded actuarial accrued liability would have decreased by$1,358,526. Risks Associated with Measuring the Accrued Liability and Actuarially Determined Contribution The determination of the accrued liability and the actuarially determined contribution requires the use of assumptions regarding future economic and demographic experience. Risk measures are intended to aid in the understanding of the effects of future experience differing from the assumptions used in the course of the actuarial valuation. Risk measures may also help with illustrating the potential volatility in the accrued liability and the actuarially determined contribution that result from the differences between actual experience and the actuarial assumptions. Mr. David Williams February 8, 2019 Page 3 Future actuarial measurements may differ significantly from the current measurements presented in this report due to such factors as the following: Plan experience differing from that anticipated by the economic or demographic assumptions; changes in economic or demographic assumptions due to changing conditions; increases or decreases expected as part of the natural operation of the methodology used for these measurements (such as the end of an amortization period, or additional cost or contribution requirements based on the Plan's funded status); and changes in Plan provisions or applicable law. The scope of an actuarial valuation does not include an analysis of the potential range of such future measurements. Examples of risk that may reasonably be anticipated to significantly affect the Plan's future financial condition include: 1. Investment risk—actual investment returns may differ from the either assumed or forecasted returns; 2. Contribution risk—actual contributions may differ from expected future contributions. For example, actual contributions may not be made in accordance with the Plan's funding policy or material changes may occur in the anticipated number of covered employees, covered payroll, or other relevant contribution base; 3. Salary and Payroll risk—actual salaries and total payroll may differ from expected, resulting in actual future accrued liability and contributions differing from expected; 4. Longevity risk—members may live longer or shorter than expected and receive pensions for a period of time other than assumed; 5. Other demographic risks—members may terminate, retire or become disabled at times or with benefits other than assumed resulting in actual future accrued liability and contributions differing from expected. The effects of certain trends in experience can generally be anticipated. For example, if the investment return is less (or more)than the assumed rate,the cost of the Plan can be expected to increase (or decrease). Likewise if longevity is improving (or worsening), increases (or decreases) in cost can be anticipated. The computed contribution amounts may be considered as a minimum contribution that complies with the pension Board's funding policy and the State statutes. The timely receipt of the actuarially determined contributions is critical to support the financial health of the Plan. Users of this report should be aware that contributions made at the actuarially determined rate do not necessarily guarantee benefit security. Risk Assessment Risk assessment was outside the scope of this report. Risk assessment may include scenario tests, sensitivity tests, stochastic modeling, stress tests, and a comparison of the present value of accrued benefits at low-risk discount rates with the actuarial accrued liability. We are prepared to perform such assessment to aid in the decision making process. Mr. David Williams February 8, 2019 Page 4 Disclosures This report was prepared at the request of the Plan Administrator and is intended for use by the Retirement System and those designated or approved by the Board. This report may be provided to parties other than the System only in its entirety and only with the Board's permission. GRS is not responsible for unauthorized use of this report. The purpose of this report is to describe the approximate financial effect of the proposed plan changes summarized above. This report should not be relied on for any purpose other than the purpose described above. Determinations of financial results associated with the benefits described in this report,for purposes other than those identified above may be significantly different. The results in this report are based on census and asset data as of October 1, 2017, as provided by the Plan Administrator for the October 1, 2017 Actuarial Valuation concerning Plan benefits,financial transactions, plan provisions and active members,terminated members, retirees and beneficiaries. We reviewed this information for internal and year-to-year consistency, but did not audit the data. We are not responsible for the accuracy or completeness of the information provided by the Plan Administrator. Refer to that Actuarial Valuation Report dated February 7, 2018 for all actuarial assumptions, methods and disclosures. 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 authors of this report prior to relying on information in this report. This report has been prepared by actuaries who have substantial experience valuing public employee retirement systems.To the best of our knowledge the information contained in this report is accurate and fairly presents the actuarial position of the City of Boynton Beach Municipal Firefighters' pension Trust Fund as of the valuation date. All calculations have been made in conformity with generally accepted actuarial principles and practices, and with the Actuarial Standards of Practice issued by the Actuarial Standards Board and with applicable statutes. Mr. David Williams February 8, 2019 Page 5 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. The signing actuaries are independent of the plan sponsor. Respectfully submitted, i(/Uf Peter N. Strong, FSA, AAA, FCA Jeff ey A se, MAAA, FCA Enrolled Actuary No. 17-06975 E olle ctuary No. 17-06599 CITY OF BOYNTON BEACH MUNICIPAL FIREFIGHTERS' PENSION TRUST FUND Impact Statement—February 8,2019 Description of Amendments The proposed ordinance would amend the Plan as follows: • Effective October 1, 2018,for all Firefighters who are not eligible for Normal Retirement as of October 1, 2018 the normal retirement benefit shall be limited to a "maximum benefit cap", initially set at$95,000 per year.The maximum benefit cap will be increased annually beginning on October 1, 2023 (and on each October 1st thereafter) by 1.5%.The maximum benefit cap shall also apply to early retirement, deferred vested retirement and disability retirement benefits. For early retirement and deferred vested retirement,the maximum benefit cap shall be applied to the normal retirement benefit before reflecting any reductions for early retirement. Based on the valuation census data as of October 1, 2018,there were no Firefighters who are not eligible for Normal Retirement as of October 1, 2018 with an accrued normal retirement benefit as of October 1, 2018 that exceeded$95,000. The ordinance also amends the Plan as follows: • All new members hired on or after the effective date of the Ordinance are classified as"Tier 2 members". All members hired before the effective date of the Ordinance are classified as "Tier 1 members". Tier 2 benefit provisions that differ from Tier 1 benefit provisions include the following: o The normal retirement date will be the earlier of completion of 25 years of Credited Service regardless of age, or attainment of age 55 with 10 years of Credited Service. o Vested members terminating service with less than 25 years of Credited Service will be eligible for a deferred Normal Retirement benefit that begins at age 55. Because these changes only apply to future hires,they do not have an immediate actuarial impact on the Plan. We estimate that the normal cost rate (i.e.,the cost of benefits earned each year, as a percentage of covered payroll)will be approximately 3.83%of covered payroll lower for Tier 2 members than for Tier 1 members. Funding Implications of Amendment An actuarial cost estimate is attached. Prepared by Gabriel,Roeder,Smith and Company February 8,2019 Page 6 of 13 Page 1211 Of 1256 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 Prepared by Gabriel,Roeder,Smith and Company February 8,2019 Page 7 of 13 Page 1212 Of 1256 SUPPLEMENTAL ACTUARIAL VALUATION REPORT Plan City of Boynton Beach Municipal Firefighters' Pension Trust Fund Valuation Date October 1, 2017 (Note: Actual impact for required contribution purposes will be reflected as of October 1, 2018) Date of Report February 8, 2019 Report Requested by Board of Trustees Prepared by Peter N. Strong Group Valued All active and inactive Firefighters Changes in Plan Provisions Current Provisions (Before Proposed Changes) • The benefit formula is equal to the Average Final Compensation (AFC) multiplied by 3% per year of Credited Service (there is no maximum benefit). • The normal retirement date is the earlier of the attainment of 20 years of Credited Service regardless of age or age 55 with 10 years of Credited Service. • Vested members terminating service with less than 20 years of Credited Service and under age 55 are eligible for a deferred Normal Retirement benefit that begins on the date that would have been the member's Normal Retirement date had they continued employment. Revised Provisions(After Proposed Changes) • Effective October 1, 2018,for all Firefighters who are not eligible for Normal Retirement as of October 1, 2018 the normal retirement benefit shall be limited to a "maximum benefit cap", initially set at$95,000 per year.The maximum benefit cap will be increased annually beginning on October 1, 2023 (and on each October 1St thereafter) by 1.5%.The maximum benefit cap shall also apply to early retirement, deferred vested retirement and disability retirement benefits. For early retirement and deferred vested retirement,the maximum benefit cap shall be applied to the normal retirement benefit before reflecting any reductions for early retirement. Prepared by Gabriel,Roeder,Smith and Company February 8,2019 Page 8 of 13 Page 1213 Of 1256 The following benefit changes will not have an immediate impact on the Plan because the changes only apply to future hires: • All new members hired on or after the effective date of the ordinance are classified as 'Tier 2 members". All members hired before the effective date of the Ordinance are classified as "Tier 1 members". Tier 2 benefit provisions that differ from Tier 1 benefit changes include the following: o The normal retirement date will be the earlier of completion of 25 years of Credited Service regardless of age, or attainment of age 55 with 10 years of Credited Service. o Vested members terminating service with less than 25 years of Credited Service will be eligible for a deferred Normal Retirement benefit that begins at age 55. Changes in Actuarial Assumptions and Methods Although not specifically stated in the Ordinance, we have assumed that the Plan will maintain compliance with Chapter 175 minimum benefit provisions, so the overall minimum benefit is 2.75%of AFC multiplied by all years of Credited Service, without regard to the maximum benefit cap. All other actuarial assumptions and methods are the same as those used in the October 1, 2017 Actuarial Valuation Report. Some of the key assumptions/methods are: Investment Return — 7.50% Salary Increase — 3.5%to 14.5% per year depending on service Cost Method — Entry Age Normal Amortization Period for Any Change in Actuarial Accrued Liability 25 years Summary of Data Used in Report See attached page. Actuarial Impact of Changes See attached page(s). Special Risks Involved with the Changes That the Plan Has Not Been Exposed to Previously None Prepared by Gabriel,Roeder,Smith and Company February 8,2019 Page 9 of 13 Page 1214 Of 1256 ACTUARIALLY DETERMINED EMPLOYER CONTRIBUTION (ADEC) A. Valuation Date October 1,2017 October 1,2017 Valuation Proposed Increase Ordinance (Decrease)from Valuation 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 $ 3,732,868 $ 3,642,165 $ (90,703) E. Employer Normal Cost 2,519,728 2,434,616 (85,112) F. ADEC if Paid on the Valuation Date: D+E 6,252,596 6,076,781 (175,815) G. ADEC Adjusted for Frequency of Payments 6,252,596 6,076,781 (175,815) H. ADEC as%of Covered Payroll 55.42 % 53.86 % (1.56) % I. Covered Payroll per Valuation 11,282,228 11,282,228 0 J. Assumed Rate of Increase in Covered Payroll to Contribution Year 2.51 % 2.51 % 0.00 % K. Covered Payroll for Contribution Year 11,565,412 11,565,412 0 L. ADEC for Contribution Year:H x L 6,409,551 6,229,131 (180,420) M. Estimate of State Revenue in Contribution Year 781,954 781,954 0 N. Actuarially Determined Employer Contribution(ADEC)in Contribution Year 5,627,597 5,447,177 (180,420) Prepared by Gabriel,Roeder,Smith and Company February 8,2019 Page 10 of 13 Page 1215 Of 1256 ACTUARIAL VALUE OF BENEFITS AND ASSETS A. Valuation Date October 1,2017 October 1,2017 Valuation Proposed Increase Ordinance (Decrease)from Valuation B. Actuarial Present Value of All Projected Benefits for 1. Active Members a.Service Retirement Benefits $ 76,149,671 $ 74,001,736 $ (2,147,935) b.Vesting Benefits 4,279,645 4,279,516 (129) c.Disability Benefits 1,891,907 1,924,507 32,600 d.Preretirement Death Benefits 672,670 730,590 57,920 e.Return of Member Contributions 156,915 156,915 0 f.Total 83,150,808 81,093,264 (2,057,544) 2. Inactive Members a.Service Retirees&Beneficiaries 75,205,990 75,205,990 0 b.Disability Retirees 1,691,379 1,691,379 0 c.Terminated Vested Members 1,339,205 1,339,205 0 d.Total 78,236,574 78,236,574 0 3. Total for All Members 161,387,382 159,329,838 (2,057,544) C. Actuarial Accrued(Past Service) Liability per GASB No.25 132,091,634 130,733,108 (1,358,526) D. Actuarial Value of Accumulated Plan Benefits per FASB No.35 N/A N/A N/A E. Plan Assets 1. Market Value 86,807,764 86,807,764 0 2. Actuarial Value 82,643,710 82,643,710 0 F. Unfunded Actuarial Accrued Liability: 49,447,924 48,089,398 (1,358,526) G. Actuarial Present Value of Projected Covered Payroll 90,721,035 90,721,035 0 H. Actuarial Present Value of Projected Member Contributions 10,886,524 10,886,524 0 I. Funded Ratio:E2/C 62.6 % 63.2 % 0.6 % Prepared by Gabriel,Roeder,Smith and Company February 8,2019 Page 11 of 13 Page 1216 Of 1256 CALCULATION OF EMPLOYER NORMAL COST A. Valuation Date October 1,2017 October 1,2017 Valuation Proposed Increase Ordinance (Decrease)from Valuation B. Normal Cost for 1. Service Retirement Benefits $ 3,192,014 $ 3,102,070 $ (89,944) 2. Vesting Benefits 286,466 286,461 (5) 3. Disability Benefits 156,770 158,511 1,741 4. Preretirement Death Benefits 37,960 41,056 3,096 5. Return of Member Contributions 44,319 44,319 0 6. Total for Future Benefits 3,717,529 3,632,417 (85,112) 7. Assumed Amount for Administrative Expenses 156,066 156,066 0 8. Total Normal Cost 3,873,595 3,788,483 (85,112) As%of Covered Payroll 34.33 % 33.58 % (0.75) % C. Expected Member Contribution 1,353,867 1,353,867 0 As%of Covered Payroll 12.00 % 12.00 % 0.00 % D. Net Employer Normal Cost:B&C 2,519,728 2,434,616 (85,112) As%of Covered Payroll 22.33 % 21.58 % (0.75) % Prepared by Gabriel,Roeder,Smith and Company February 8,2019 Page 12 of 13 Page 1217 Of 1256 PARTICIPANT DATA October 1, 2017 October 1, 2017 Valuation Proposed Ordinance ACTIVE MEMBERS Number 124 124 Covered Annual Payroll $ 11,282,228 $ 11,282,228 Average Annual Payroll $ 90,986 $ 90,986 Average Age 38.4 38.4 Average Past Service 10.6 10.6 Average Age at Hire 27.8 27.8 RETIREES, BENEFICIARIES&DROP Number 107 107 Annual Benefits $ 6,061,150 $ 6,061,150 Average Annual Benefit $ 56,646 $ 56,646 Average Age 62.2 62.2 DISABILITY RETIREES Number 2 2 Annual Benefits $ 112,644 $ 112,644 Average Annual Benefit $ 56,322 $ 56,322 Average Age 47.8 47.8 TERMINATED VESTED MEMBERS Number 3 3 Annual Benefits $ 109,334 $ 109,334 Average Annual Benefit $ 36,445 $ 36,445 Average Age 44.8 44.8 Prepared by Gabriel,Roeder,Smith and Company February 8,2019 Page 13 of 13 Page 1218 Of 1256 m 1 ,1,PI 11,Hlp 111,ul Wkr1 0 1, I „(av6:YI I %1A Writer's email: alaiii(`r)robei-tdkkiLis[iut-.coit7 February 10, 2019 Via Email: swansonl(cbbfl.us The honorable Mayor and City Commission City of Boynton Beach c/o City Attorney's Office P.O. Box 310 Boynton Beach, FL 33425 Re: Boynton Beach Fire Pension Our File No.: 900334 Dear Mayor Chant and City Commissioners: This letter will confirm that the pending firefighter pension ordinance, including Section 11(d), to the best of our knowledge, fully complies with Chapters 112 and 175 Fla. Stat., and all applicable federal statutes. Very tily yours, ADAM P. LEVINSON APL/yv cc: City Attorney's Office Matt Petty, Chairman Dave Williams, Administrator 7080 NORTHWEST 4TH STREET, PLANTATION, FLORIDA 333 17 PHONE: (954) 916-1202 . AX: (954) 916-1232 ww.robertdklausner.com MR Page 1219 of 1256 12.B. LEGAL 2/19/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 2/19/2019 REQUESTED ACTION BY COMMISSION: PROPOSED ORDINANCE 19-010 - FIRST READING - Amending Chapter 14 of the Code of Ordinances entitled "Motor Vehicles and Traffic" creating Section 14-13 entitled "Motorized Scooters" EXPLANATION OF REQUEST: Proposed Senate Bill 542 sponsored by Senator Jeff Brandes and House Bill 158 sponsored by Representative Jackie Toledo, both related to the regulation of motorized scooters, have been filed for consideration during the 2019 legislative session. A copy of both Bills are attached. The Bills contain the following key provisions: . MICROMOBILITY DEVICE is defined for the first time in Florida Statutes as: Any motorized transportation device made available for private use by reservation through an online application, website, or software for point-to-point trips, which is incapable of traveling at speeds greater than 20 miles per hour on level ground. This term includes motorized scooters and bicycles as defined in this section. . MOTORIZED SCOOTER is redefined as shown—Any vehicle or micromobilitv. device that is dowered bL a motor with or without no h ,.:._ a seat or saddle for the use of the rider, designed to travel on not more than three wheels, and not capable of propelling the vehicle at a speed greater than 20 3 miles per hour on level ground. . A municipality may regulate the operation of micromobility devices and for-hire motorized scooters but a municipal ordinance or regulation may not conflict with this chapter or federal law and may not be more restrictive than the City regulation of bicycles. . The City may require a person offering micromobility devices or for-hire motorized scooters to obtain a City license. . The operator of a micromobility device or motorized scooter has all of the rights and duties applicable to the rider of a bicycle. . A person is not required to have a valid driver license to operate a micromobility device or motorized scooter. . A person may park a micromobility device or motorized scooter on sidewalks in a manner that does not impede the normal movement of pedestrian traffic. Currently, operation of a motorized scooter is prohibited on sidewalks or sidewalk areas: (1) Except as provided in s. 316.008 or s. 316.212(8), a person may not drive any vehicle other than by human power upon a bicycle path, sidewalk, or sidewalk area, except upon a permanent or duly authorized temporary driveway. (2)A violation of this section is a noncriminal traffic infraction, punishable as a moving violation as provided in chapter 318. (3)This section does not apply to motorized wheelchairs Fla. Stat. Ann. § 316.1995 (West) However, per Florida Statute 316.008(7)(a) a county or municipality may enact an ordinance to permit, Page 1220 of 1256 control, or regulate the operation of vehicles, golf carts, mopeds, motorized scooters, and electric personal assistive mobility devices on sidewalks or sidewalk areas when such use is permissible under federal law. The ordinance must restrict such vehicles or devices to a maximum speed of 15 miles per hour in such areas. The City does not have an ordinance permitting motorized scooters to operate on sidewalks. If the proposed Bills become law as worded, an ordinance prohibiting motorized scooters on sidewalks would not be enforceable unless the ordinance also prohibited bicycles. Anticipating the passage of new laws that preempt municipal regulation of motorized scooters the Commission requested the preparation of an Ordinance banning motorized scooters with the hope that some or all of a City ordinance adopted in advance of new state law might survive the new state law. To that end, the proposed ordinance is presented for Commission consideration. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? TBD FISCAL IMPACT: TBD ALTERNATIVES: 1. Not adopt ordinance banning motorized scooters 2. Revise ordinance banning motorized scooters STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Ordinance Ordinance regulating motorized scooters Page 1221 of 1256 I ORDINANCE NO. 19- 2 3 AN ORDINANCE OF THE CITY COMMISSION OF THE 4 CITY OF BOYNTON BEACH, FLORIDA, AMENDING 5 CHAPTER 14 OF THE CODE OF ORDINANCES OF THE 6 CITY ENTITLED "MOTOR VEHICLES AND TRAFFIC"; 7 CREATING SECTION 14-13 ENTITLED "MOTORIZED 8 SCOOTERS"; PROVIDING FOR DEFINITIONS; 9 PROVIDING FOR REGULATIONS; PROVIDING FOR 10 PENALTY; PROVIDING FOR CODIFICATION, 11 CONFLICTS, SEVERABILITY; AND PROVIDING FOR 12 AN EFFECTIVE DATE. 13 14 WHEREAS, motorized scooters are an emerging transportation option that has 15 been marketed to community members and tourists around the county as a transportation 16 option of scooter sharing services; and 17 WHEREAS, the measures set forth in this ordinance are intended to create 18 guidelines and procedures for the use and parking of Motorized Scooters throughout the 19 City; and 20 WHEREAS, the City Commission finds that it is in the best interest of the 21 community,residents, and the businesses of the City of Boynton Beach to amend Chapter 22 14 of the City's Code of Ordinances and create Section 14-13 entitled "Motorized 23 Scooters". 24 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION 25 OF THE CITY OF BOYNTON BEACH, FLORIDA THAT: 26 27 Section 1: The foregoing"WHEREAS" clauses are hereby ratified and confirmed 28 as being true and correct and made a specific part of this Ordinance by this reference. 29 Section 2: Chapter 14 of the Code of Ordinances of the City of Boynton Beach is 30 amended by creating the following: 31 Section 14-13—Motorized Scooters 100282595.1306-90018211 Page 1 of 8 CODING: Words in st+4i�=type are deletions from existing law; Words in underlined type are additions. Page 1222 of 1256 I (a)—Purpose and Applicability 2 1) The Purpose of this Article is to permit and regulate the use and parking of 3 Scooters in the City of Boynton Beach. 4 2) The provisions of this Article shall apply to the use and parking of Motorized 5 Scooters. For the purposes of this Article, the User and Operator shall be 6 jointly and severally liable for complying with the applicable provisions of 7 this Article and either can be issued citations and subject to fines for violation 8 of the provisions of this Article. 9 243) Law enforcementagenciesand their personnel are exempted from the 10 provisions of this article while utilization is in the course of police operations. 11 (b)—Definitions 12 For the purposes of this Article, the following words shall have the meaning 13 indicated: 14 1) Bicvcle Path shall have the same definition as provided in Section 15 316.003(5), Florida Statutes. 16 2) City Manager means the City Manager of the City of Boynton Beach, or 17 designee. 18 3) Motorized Scooter shall mean a device that is powered by a motor with or 19 without having a seat or saddle for the use of the rider, designed to travel on not more 20 than three wheels. 21 4) Operator means any entity that owns, operates, distributes, redistributes, 22 leases, or otherwise makes available for fee a Motorized Scooters. 100282595.1306-90018211 Page 2 of 8 CODING: Words in st+4ie#waiig type are deletions from existing law; Words in underlined type are additions. Page 1223 of 1256 I 5) RI hts-of-wav or ROW means the surface and space above and below an 2 improved or unimproved public roadway, hi bridge, boulevard, road, freeway, bridge, 3 alley, court, street, bicycle lane, public sidewalk and terrace in which the City or other 4 public entity has an interest in law or equity whether held in fee, easement, dedication, 5 plat, or other interest including any other dedicated right-of-way for travel purposes. 6 6) Sidewalk means that paved or unpaved portion of a street between the 7 curbline, or the lateral line, of a roadway and the adjacent property lines,intended for use 8 by pedestrians. 9 7) User means the individual who rents or uses a Motorized Scooter provided 10 by an Operator. II (c)— General Regulations 12 1) Motorized Scooters must have regulated top motor-powered speed of 13 fifteen (15) miles per hour or less. 14 2) Operators shall relocate all Motorized Scooters to a safe indoor facility 15 within twenty-four (24) hours of a declared tropical weather event (tropical storm or 16 hurricane watch or warning, whichever comes first). 17 • Operators shall be responsible for monitoring professionally recognized weather 18 condition reporting services such as the National Weather Service, National 19 Oceanic and Atmospheric Administration, local news weather services or others 20 for information related to severe weather conditions in and around Boynton 21 Beach, Florida. 22 • Severe weather conditions include local flooding, high winds, thunderstorms, 23 tornados and/or tropical cyclonic storms. 24 • Operators shall retrieve their Motorized Scooters from public right of ways twelve 25 (12) hours in advance of potential severe weather conditions occurring. The 26 Motorized Scooters shall be secured in indoor facilities 27 100282595.1306-90018211 Page 3 of 8 CODING: Words in st+4i�=type are deletions from existing law; Words in underlined type are additions. Page 1224 of 1256 I 3) Motorized Scooters that are inoperable or damaged or do not comply with 2 othe �[SLI] provisions of this Article shall be removed by the Operator within thirty (30) 3 minutes of receipt of a complaint by any person or courtesy warning by a City Law 4 Enforcement Officer or Code Compliance Officer. An inoperable or damaged Motorized 5 Scooter is one that has non-functioning features (i.e. starter, lights, etc.) or is missing 6 components (i.e. grips, fender, etc.) or is otherwise inoperable. 7 --)4) To increase visibility and safety Motorized Scooters shall have front, left 8 and right side highly reflective decals and/or striping. The colors may be white, orange 9 or red. 10 (d)—Parking Regulations. 11 1) Motorized Scooters may only be parked in a legal manner on public 12 sidewalks and any ROW in compliance with the following regulations: 13 (1) Motorized Scooters shall not: 14 (a) Adversely affect any ROW or public sidewalks, 15 (b) Impede the normal movement of pedestrian traffic, 16 (c) Inhibit the ingress and egress of vehicles parked on- or off-street, 17 (d) Create conditions which are a threat to public safety and security;. 18 or 19 (e) Prevent a minimum four (4) foot pedestrian clear path on a 20 sidewalk. 21 2) Motorized Scooters shall not be parked within the following areas: loading 22 zone, handicap accessible parking zone or other facilities specifically designated for 23 handicap accessibility, on-street parking spots, street furniture, curb ramps, business or 100282595.1306-90018211 Page 4 of 8 CODING: Words in st+4ie#waiig type are deletions from existing law; Words in underlined type are additions. Page 1225 of 1256 I residential entryways, driveways, travel lanes, bicycle paths, parklets, or within fifteen 2 (15)feet of a fire hydrant. 3 3) Parking of Motorized Scooters within the _geographic boundaries of the 4 District is prohibited. 5 4) Motorized Scooters shall not be parked in any ROW. 6 5) Motorized Scooters shall not be parked in a manner that in any way 7 violates the Americans with Disabilities Act(ADA) accessibility requirements. 8 6) The parking of a Motorized Scooter on private property is, at all times, 9 prohibited unless the User has the express permission of the property owner to park on 10 that certain private property, 11 7) Motorized Scooters shall be parked upright at all times using the kickstand 12 attached to the Motorized Scooter. 13 8) Motorized Scooters parked in one location for more than three (3) 14 consecutive days without moving may be removed and stored by the City at the expense 15 of the Operator. 16 9) The City Manager, or designee, at their discretion, and without notice, 17 reserves the right to remove Motorized Scooters from any ROW, public sidewalks and 18 any other public property if an emergency arises. In such instances,the Cityarises. In such instances,the City will store the 19 Motorized Scooter and attempt to notify the Operator as soon as reasonably practicable 20 thereafter. 21 (e)—Operation and Use of Motorized Scooters 22 1) The riding of Motorized Scooters is prohibited upon public sidewalks and 23 any ROW, except within clearly marked Bicycle Lanes, located within the City. 100282595.1306-90018211 Page 5 of 8 CODING: Words in st+4i�=type are deletions from existing law; Words in underlined type are additions. Page 1226 of 1256 1 2) The riding of Motorized Scooters is permitted only within properly 2 marked Bicycle Lanes. 3 3) The riding of Motorized Scooters is prohibited within: districts. 4 4) Motorized Scooters may not exceed a maximum speed of fifteen (15) 5 miles per hours where riding is permitted. 6 5) Users shall not inhibit vehicular or pedestrian movement within any ROW 7 or create conditions which are a threat to public safety and security during operation of a 8 Motorized Scooter. Users shall yield the ROW to pedestrians and motor vehicles. 9 (f)—Penalty 10 (a) When the User of a Motorized Scooter violates a provision of State traffic I I laws, the User may be issued a citation for a traffic infraction. 12 (b) Any violation of this Article that is not prosecuted as a violation of State 13 traffic laws may be prosecuted as a municipal ordinance and is punishable by a fine as 14 follows 15 a. If issued to a User- $50.00 for each violation. 16 b. If issued to an Operator- $50.00 for the first violation, $100.00 for the 17 second violation and $250.00 for all subsequent violation on the same 18 calendar day. 19 (c) In the event that an Operator or User violates any provisions of this 20 Article, the City Manager, or designee may in addition to the fines set forth above may 21 order the impounding of a Motorized Scooter. In order to retrieve any impounded 22 Motorized Scooter, the Operator must demonstrate proper proof of ownership and pay a 23 $50.00 impoundment fee per Motorized Scooter. 100282595.1306-90018211 Page 6 of 8 CODING: Words in st+4i�=type are deletions from existing law; Words in underlined type are additions. Page 1227 of 1256 I Section 3: Codification. It is the intention of the City Commission of the City of 2 Boynton Beach, that the provisions of this Ordinance shall become and made a part of the 3 Code of Ordinances of the City of Boynton Beach, Florida, and that the Sections of this 4 Ordinance may be renumbered, re-lettered and the word "Ordinance" may be changed to 5 "Section," "Article" or other word or phrase in order to accomplish such intention. 6 Section 4: Conflicts. All Ordinances or parts of Ordinances, Resolutions or 7 parts thereof in conflict herewith,be and the same are hereby repealed to the extent of such 8 conflict. 9 Section 5: Severability. Should any section, provision, paragraph, sentence, Io clause of word of this Ordinance or portion hereof be held or declared by any court of II competent jurisdiction to be unconstitutional or invalid, in part or application, it shall be 12 considered as eliminated and shall not affect the validity of the remaining portions or 13 applications of this Ordinance. 14 Section 6: Effective Date. This Ordinance shall become effective on upon 15 adoption. 16 17 PASSED ON FIRST READING BY THE CITY COMMISSION OF THE CITY OF 18 BOYNTON BEACH,FLORIDA, THIS DAY OF 2019. 19 100282595.1306-90018211 Page 7 of 8 CODING: Words in st+4i�=type are deletions from existing law; Words in underlined type are additions. Page 1228 of 1256 1 2 PASSED AND ADOPTED ON SECOND AND FINAL READING BY THE CITY 3 COMMISSION OF THE CITY OF BOYNTON BEACH,FLORIDA THIS DAY 4 OF ,2019. 5 6 7 CITY OF BOYNTON BEACH, FLORIDA 8 9 YES NO 10 11 Mayor— Steven B. Grant 12 13 Vice Mayor— Christina L. Romelus 14 15 Commissioner—Mack McCray 16 17 Commissioner—Justin Katz 18 19 Commissioner—Aimee Kelley 20 21 VOTE 22 ATTEST: 23 24 25 26 Judith A. Pyle, CMC 27 City Clerk 28 29 30 31 (Corporate Seal) 32 100282595.1306-90018211 Page 8 of 8 CODING: Words in st+4i�=type are deletions from existing law; Words in underlined type are additions. Page 1229 of 1256 12.C. LEGAL 2/19/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 2/19/2019 REQUESTED ACTION BY COMMISSION: Discuss adoption of anti-lobbying ordinance applicable to City Board Members. (Tabled to March 19, 2019) EXPLANATION OF REQUEST: At the October 31, 2018 City Commission meeting the Commission deferred action on the considering the adoption of an ordinance which would prohibit a City Board Member from engaging in lobbying activities for a period of time (as yet undetermined) after the Board Member leaves the Board. Minutes of 10/31/18 meeting attached. In the November 2018 statewide election, the citizens of Florida approved amendment to the State Constitution prohibiting elected municipal officials from lobbying for a period of six years after they leave public office. Article 2, Section 8 of Florida Constitution attached. With Commission direction an ordinance can be prepared for first and second reading. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? n/a FISCAL IMPACT: n/a ALTERNATIVES: Delay discussion of anti-lobbying ordinance regarding city board members to another date. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 1230 of 1256 ATTACHMENTS: Type Description D Minutes Minutes of the October 31, 2018 Commission meeting D Attachment Article 2, Section 8 Page 1231 of 1256 MINUTES OF THE SPECIAL CITY COMMISSION MEETING HELD ON WEDNESDAY, OCTOBER 31, 2018, AT 6:00 P.M. AT THE INTRACOASTAL PARK CLUBHOUSE, 2240 FEDERAL HIGHWAY, BOYNTON BEACH, FLORIDA PRESENT: Steven B. Grant, Mayor Lori LaVerriere, City Manager Justin Katz, Commissioner James Cherof, City Attorney Joe Casello, Commissioner Judith A. Pyle, City Clerk ABSENT: Christina Romelus, Vice Mayor Romelus Mack McCray, Commissioner 1. OPENINGS A. Call to Order- Mayor Steven B. Grant Mayor Grant called the meeting to order at 6:00 p.m. Invocation Commissioner Casello gave the invocation. Pledge of Allegiance to the Flag led by Commissioner Casello Roll Call City Clerk Pyle called the roll. A quorum was present. Agenda Approval: 1. Additions, Deletions, Corrections Mayor Grant requested to add Informational Item. 2. Adoption Motion Commissioner Katz moved to approve the agenda. Commissioner Casello seconded the motion. Vote The motion unanimously passed. 2. INFORMATIONAL ITEMS Page 1232 of 1256 Special Meeting Minutes City Commission ByBeach, Florida October 31, 2018 Commissioner Katz distributed a packet which contained an email and Planning and Zoning Board meeting minutes from July 2016 addressing an issue which was left open from the last Commission meeting. When he cited the information he believed the information to be correct. Commissioner Katz indicated for the record his assertion at the last Commission meeting was 100% correct. As such he would stand by what was stated at that time. Attached to the package was an email from the individual which called into question his statement of accuracy at the last Commission meeting and requested a formal public apology. Commissioner Katz indicated he was correct in his statements and there was no need for an apology. Commissioner Casello believed having this ordinance would address issues which have occurred in the City of Boynton Beach. Hopefully this ordinance would curtail some of those issues. He believed transparency was a concern for elected officials. This ordinance addresses transparency in the City of Boynton Beach. Mayor Grant reviewed the Florida tax watch amendment 12 discussion, regarding public officials becoming lobbyist. Indicated if this amendment passes, Florida would have the strictest lobbying ordinance of any State. Public officials could become lobbyist after 12 years of leaving office. Elected official are being held to a higher standard. Mayor Grant attended the Community Green event. Requested the approval of the Commission to place on Future Agenda about what was to be done about the Kapok tree which was not slated to be saved, also, asked how can the City further the urban canopy. There was a consensus. Commissioner Casello thought the tree was slated to be saved. Mayor Grant indicated the one next to the Historic School House was slated to be save but not the one next to the amphitheater 3. OTHER A. PROPOSED ORDINANCE No. 18-031- Second Reading City Commission to consider amending Part II, Chapter 2, Article I of the Code of Ordinances to create a new subsection prohibiting board member advocacy and lobbying. Attorney Cherof read Proposed Ordinance No. 18-031 into the record on second reading. Commissioner Katz stated he would like to offer a potential amendment to this Ordinance. In the spirit of the Constitution Revision Committee question, regarding lobbyist, there should be some type of prohibition of members which serve on the Advisory Boards or Commission. He believes that it was important to protect the integrity of these boards. He 2 Page 1233 of 1256 Special Meeting Minutes City Commission Boynton Beach, Florida October 31, 2018 would like to add some language which states when board members leave there would be a 12-month prohibition on their ability to become paid lobbyist to the Commission or CRA. This would make sure the board was not being corrupted by special interest. The former board member would not be able to leverage their positon to become a lobbyist for special interest. He would like to place on the future agenda item a similar prohibition for elected official with similar language. Mayor Grant questioned if Amendment 12 passes as there was no need for a new ordinance. Commissioner Katz confirmed. Mayor Grant asked if the legal department needed specific language for the ordinance. Attorney Cherof responded language was needed to amend the ordinance. Mayor Grant stated he does not believe they can create, between the first and second reading. He asked if they could create some type of specific language. Attorney Cherof noted the Commission could amend any ordinance on the second reading. Mayor Grant asked if the ordinance language needed to be exact. Attorney Cherof stated the language needed to be worked out at this time. Commissioner Katz said if it was tedious it could be revisited at a later date. He was withdrawing the amendment to the Ordinance. Mayor Grant indicated it was as simple as saying a City board member would be prohibited from acting as a lobbyist for an additional 12-months after resigning from an Advisory Board. Commissioner Katz noted if it was simple to have one sentence. He was ok with this. Attorney Cherof suggested the conservative approach would be to defer it and do it as an add on later based on the outcome of the referendum to the Constitution amendment. If the Commission were to change the ordinance on the dais they could create a subsection. Mayor Grant stated there were some questions that needed to be answered, such as what would the remedy be if the board member lobbied the Commission or the CRA. He would like to see the ordinance approved as stated. Stated the language could be worked out at a later date. Motion Commissioner Katz moved to approve as stated. Commissioner Casello seconded the motion. City Clerk, Pyle called the roll. Vote 3-0 (Vice Mayor Romelus and Commissioner McCray absent) 3 Page 1234 of 1256 Special Meeting Minutes City Commission Boynton Beach, FloridaOctober 31, 2018 Attorney Cherof questioned with the new rules will this item come back as a future agenda item or new business. Mayor Grant asked if Commissioner Katz would like to see this as a Future Agenda item. Commissioner Katz replied if this was about the prohibition on becoming a lobbyist after serving as an Advisory Board member. Mayor Grant confirmed. Attorney Cherof inquired if this should come back in the form of ordinance. Commissioner Katz confirmed. Commissioner Casello inquired if this would jeopardize Ordinance 18-031. Mayor Grant responded that ordinance has been approved. Explained this was something for a Future Agenda item. Commissioner Katz believes that Elected Officials should be held to the same standard as the appointed Advisory Board members. The intent of this ordinance was to prevent the special interests from gaining undue influence over the advisory board as well as the Commission. Noted his Future Agenda was meant to prohibit Commissioners as well as appointee to the Advisory Board from becoming lobbyist subsequent to their serving in their position. Inquired if this Ordinance could stand alone to prohibit both groups. Commissioner Katz indicated the future agenda item should be to discuss a prohibition for appointed and Elected Officials in the City of Boynton Beach from serving as paid lobbyist subsequent to their time on their board or the Commission. 4. ADJOURNMENT Motion There being no further business to discuss, Commissioner Casello moved to adjourn. Commissioner Katz seconded the motion. Vote The motion unanimously passed. The meeting was adjourned 6:14 pm (Continued on next page) 4 Page 1235 of 1256 Special Meeting Minutes City Commission Boynton Beach, FloridaOctober 31, 2018 CIT TON `BCH } rr f M. Mayor- Steven B. Grant Vice Mayor- Christina Romelus Commissioner 7.Justin Satz C' t sslon - ack Cray ........— Commissioner-Vacant ATTEST Judith A. Pyle, CMC City Clerk ueenester Nieves _ __... .. .. Deputy City Clerk 5 Page 1236 of 1256 10/30/2018 Gmail-Fwd:lobbying ordinance GmallJustin Katz<jsi roe a all.com> Fwd: lobbying ordinance 1 message Katz,Justin<KatzJr@bbfl.us> Tue, Oct 30, 2018 at 1:26 PM To. Justin Katz<justinrobertkatz@gmail.com> Sent via the Samsung Galaxy SF,ars AT&T 4G LTE smar phone Justin Katz City Commissioner-District I City Commission Mailing Address: P.sa, Box 310 1 Boynton Beach, Florida 33425 Physical Address: 3301 Quantum Blvd.,Suite 101 1 Boynton Beach, Florida 33426 561-742-6010 KatzJr@bbfl.us I boynton-beach.or / , 6 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-rnail communication and your e-mail address may be subject to public disclosure- ------Original message-- From: David<commkay aol.com> Date: 10115/18 12:33 PM (GMT-05:00) To:"Katz, Justin"<KatzJr@bbfl.us>,"Grant, Steven" <GrantS@.bbfl.us>, "Romelus,Christina"<RomelusC@bbfl.us>, " cCray, Mack"< cCray bbfl.us>, "Casello,Joseph"<CaselloJ@bbfl.us>, "La erriere, Lori"<LaVerriereL bbfl.us>, "Pyle,Judith"<PyleJ@bbfl.us>, "Cherof,James"<CherofJ@bbfl.us>, "Swanson, Lynn"<SwansonL bbfl.us> Cc:ctodaro@pbpost.com Subject: lobbying ordinance Commissioner Katz, On August 7,2018 at the City Commission meeting you made false accusations against me regarding a vote while serving on the P&D Board. Then at the October 16th, 2018 City Commission meeting, you once again claimed I had publicly of cast a vote in favor of the 211 East Ocean Avenue Project at a P & D boar meeting. You continued to imply the project developer "Shovel Ready" had engaged me in a paid capacity subsequently to the alleged vote. In fact, at thisweek's meeting you emphatically refused to consider the possibility you might have been incorrect. Simultaneously, you claimed the said information could be easily be verified but no public admission that you might have misspoke regarding my actions. ,iail.g le com/maiUu/1?ik=52d95a0ca8&view=pt&search=all&permthid=thread-P/®3Ai615772138400993174°/®7Cmsg-f°/®3A1615772138400... 1/2 Page 1237 of 1256 1013CV2018 Gmail-Fwd:lobbying ordinance This letter and attachment serve to correct the public record. The attachment is selected P& D Board meeting agendas beginning with July of 2017. This selection is a baseline to coincide with the timeline you referenced during your comments at the October 16th meeting. Please note there was no P& D Board meeting in December 2017. As you can see,thea ached PDF removes any smidgen of any wrongdoing on my part. All sitting commissioners have readily available access to any and all records to make informed decisions. Your allegations are patently false combined with your failure to check the records prior to accusing me publicly of animproper act is inexcusable.Your rationale for supporting Ordinance 18-031 never existed. Lastly, I would request and appreciate a written and public apology from you. David Katz 67 Midwood Lane Boynton each, FL 33436 p&d board meetings.pdf 1460K https.-I/mail.google-conVmaiVu/l?ik=52d95aOca8&view=pt&search=all&permthid=thread-fl/.3AI615772138400993174%7Cmsg-fl/o3AI615772138400... 2/2 Page 1238 of 1256 10/3012018 Gmail-Fwd:P&D Board-211 E Ocean Avenue Gmall' Justin Katz<justinro ertka aiLcn > Fwd: P & D Board - 211 E Ocean Avenue 1 message Katz,Justin<KatzJr@bbfl.us> Tue,Oct 30, 2018 at 1:25 P To: Justin Katz<justinrobertkatz@gmail.com> Sent via the Samsung Galaxy S8,an AT&T 4G UFE smartphone Justin Katz City Commissioner-District I City Commission Mailing Address: P.O. Box 310 1 Boynton Beach, Florida 33425 Physical Address: 3301 Quantum Blvd.,Suite 101 1 Boynton Beach, Florida 33426 561-742-6010 KatzJr@bbfl.us I boynton-beach.org/ IN _ � . V,,W < t l, t ------Original message From: "Simon, Michael"<SimonM a@@bbfl.us> Date- 10/19/18 5:49 PM (GMT-05:00) To: "Katz,Justin"<KatzJr@bbfl.us> Subject: P&D Board-211 E Ocean Avenue Good afternoon CRA Board member Katz: As per your request,attached please find the minutes of the July 26, 2016 Planning and Development Board meeting minutes involving the approval of the 211 E. Ocean Avenue site plan application as submitted by Local DevCo(Shovel Ready Projects).As per your comments at Tuesday's City Commission meeting, Mr. Katz was the P&D Board Chairman at the time the project went before that Board. If you have any questions or need any additional information, please do not hesitate to contact me directly. Have a great weekend. Michael Simon,FRA-RA,LP313,LRES Executive Director https-//mail.g le- mlmail/u/1?ik=52d95aOca8&view=pt&search=all&permthid=thread-f°/®3Al615772106360032 °/*7Cmsg-f%3A16157"721164558 1/2 Page 1239 of 1256 10/30/2018 Gmail-Fwd:P&D Board-211 E Ocean Avenue Boynton Beach Community Redevelopment Agency ` 710 N. Federal Hwy, Baynton Beach, Florida 33435 561-600-9091 561-737-3253 f SimonM@bbfl.us I http;//www.catchboynton.com 1 -x� ; , -" � ` � �IRr t BEACH America's Gateway to the Gulfstream 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. on P$Q Minutes approving Site Plan-211 E.Ocean.pdf 345K https://mail.g le.com/mail/u/1?ik=52d95aOca8 view=pt search=all&penmthid=thread-f%3A1615772106360032 %7Cmsg-f%3A161577211 558... M Page 1240 of 1256 a MINUTES OF THE PLANNING AND DEVELOPMENT BOARD MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, 100 E. BOYNTON BEACH BOULEVARD, BOYNTON BEACH, FLORIDA ON TUESDAY, JULY 26, 2016, AT 6:30 P.M. PRESENT: David Katz, Chair Mike Rumpf, Planning & Zoning Director Ryan Wheeler, Vice Chair Ed Breese, Principal Planner Kevin Fischer Hannah Matras, Senior Planner Trevor Rosecrans David Tolces, City Attorney Nicholas Skarecki Floyd Zonenstein, Alternate ABSENT: Brian Miller Stephen Palermo Chair Katz called the meeting to order at 6:30 p.m. 1. Pledge of Allegiance The members recited the Pledge of Allegiance, led by Vice Chair Ryan Wheeler. 2. Roll Call Rall was called and it was determined a quorum was present. 3. Agenda Approval Chair Katz asked to move up Item 9 to right after Item 5. Motion made by Vice Chair Wheeler, seconded by Mr. Skarecki, to approve the agenda as amended. The motion passed unanimously (6-0). 4. Approval of Minutes, April 26, 2016 meeting Chair Katz commented that verbatim minutes are not needed, but if a Board member asks a cogent question, he would like to see it in the minutes, who asked the question along with the answer, rather than "discussion ensued." Motion made by Vice Chair Wheeler, seconded by Mr. Skarecki, to approve the minutes of the May 24, 2016. In a voice vote, the motion passed unanimously (6-0). Page 1241 of 1256 Meeting Minutes Planning and Development Board Boynton each, Florida July 26, 2016 5. Communications and Announcements: Report from Staff Mr. Rumpf, Planning and Zoning Director, said the following items from the July 5 City Commission agenda were approved: • All text amendment items involving used merchandise, sale and repair of motor vehicles and boats, the silos and storage containers, sustainable parking items. • All items Title 601 S. Federal Highway, which is a mixed-use project combining an office building and a residential building. Each item included land use and rezoning items, Community Design plan appeal, site plan, and height exception. Chair Katz asked about the decision to let True Treasures come into the space that was Home Depot or the grocery store, but now that they have withdrawn, if it would open up doors to other questionable parts of the city, like consignment shops. Mr. Rumpf stated he did not think so as he had this in mind when he made his recommendations. 6. Comments by Members — Discussion by Board of proposed training session from American Planning Association Chair Katz reported that he, Vice Chair Wheeler, and Mr. Fischer had gone to a training session put on by American Planning Association. The following items were discussed: • Whether giving notice of 400 feet for public notice is governed by City ordinances or by State Statute. Although it's a local ordinance, Mr. Rumpf said it could be determined by a sliding scale based on relevant information such as noise ordinances. Mr. Rosecrans said increased traffic counts could also be a trigger. • The sign code was rewritten as part of the Land Development Regulations (LDR) in 2010. • Some boards in this county get their backups sooner than this Board. A request was made to get the packets sooner. Citing presentation made by Sue Trevarthen, land planner and attorney from Broward County, an overview of the Board as a quasi-judicial body was discussed with Mr. ToIces. • Another part of Ms. Trevarthen's presentation concerned a board avoiding being arbitrary or discriminatory in making decisions. Mr. ToIces and Mr. Rumpf confirmed this position, stating the LDRs provide objective standards, most of them measurable. • An overview of ex parte communications cited Resolution 95.99. Various examples were reviewed, stressing transparency and compliance with the Sunshine law concerning public records 7. Old Business Chair Katz stated there was no old business. 2 Page 1242 of 1256 Meeting Minutes Planning and Development Board Boynton Beach, Florida July 26, 2016 8. New Business A.1. 211 E. Ocean Avenue SP 16-005 — Approve request for Major Site Plan Modification approval to add 1,266 square feet to an existing 1,500 square foot building for the conversion of the structure to a restaurant use, and related site improvements, located in the R3 (Multi-Family Residential) zoning district, within the Ocean Avenue Overlay Zone. Applicant: Tom Prakas, Prakas & Co. James Williams, A&W Architects, gave a brief slide presentation, including the following points: • The historic Magnuson House is intended to be a casual neighborhood restaurant, with outdoor seating. Q The CRA provided Historical Society's 1920s photographs so the front porch, which is not there now, could be duplicated. o Applicant proposes a trellised area for an indoor/outdoor beer garden. o The 750 sq. ft. on each floor of the main house will be retained. There will be an addition to the rear of approximately 1,300 sq. ft., as well as the covered porch in front and back. o The site will be kept as lushly landscaped as possible. a With the roof plan, the air conditioning equipment, as well at the kitchen exhaust hood, are hidden from view behind the structure and behind the 4 to 5 foot high mansard roof. • A stair will be added on the west side to access storage and office functions for management, allowing for no public access. The existing inside stairs will be coming outside to make room for seating, which has been approved by the Historic Board. • Working from the historic pallet of colors, the color scheme for roof, wood trim, and walls were chosen. Regarding parking, Mr. Williams explained the agreement with the CRA for the parking lot in the next block, as well as the parking lot at the City Park several blocks away, both in addition to on-street parking. Transit and transit-oriented developments are needed for this to be considered a CRA urban-style site. The Engineers have determined that 1) the existing fire hydrant located 200 feet from the front of the property, and 2) the existing water main are both sufficient. Eventually the water will be upgraded (five-ten years), but the Engineers have assured that the only concession on the plumbing is that they can't use flush valve toilets. Vice Chair Wheeler asked if Mr. Williams and his client are okay with the conditions of approval set forth at the last meeting. Mr. Williams admitted that for the most part, yes, but Item 13 regarding the buffer walls is an issue that requires discussion. The applicant knows he has to comply with noise ordinances, but he would prefer not to build walls around his site; he'd like to have good access. The CRA may participate in the building of this wall, but they didn't seem to be in favor of it either. However, it is written in the 3 Page 1243 of 1256 Meeting Minutes Planning and Development or Boynton each, Florida July 26, 2016 ordinance. One mitigating feature is the project is not immediately adjacent to any incompatible use. Chair Katz asked if a landscaped 'Wall" would be better. Mr. Williams said there is heavy landscaping on the north and east sides. A solid masonry wall is best for stopping sound, but cost study on this wall is approximately $55,000. A PVC/vinyl wall is also being considered. Chair Katz called upon Mike Simon, Assistant Director for CRA, as to how the CRA feels about Item 2. After some clarification of responsibility for the paving, Mr. Simon said the CRA supports the applicant's efforts to mitigate that condition and appreciates Mr. Mack's ability to see past the drawing. Mr. Skarecki asked Mr. Simon how the CRA feels about the wall. Mr. Simon replied that despite the regulations within the LDRs, the CRA would like to see acceptable alternatives to PVC fencing. They would not like to see walled off sites as screening them off defeats the purpose. The CRA is already into the project for$336,000 worth of grant monies. Mr. Skarecki next asked staff if the wall is just to contain sound. Mr. Breese replied, yes, the wall is for sound purposes and is in conjunction with the landscaping, which is above the wall as well. Mr. Fischer wondered if, in this district, there has been any evaluation for the potential for shared storm water facilities. Mr. Breese replied that most of the heart of the downtown, east of the railroad tracks, has that concept. West of the tracks, however, does not have that at this time. Chair Katz opened the floor for public comment; there was none. Motion made by Vice Chair Wheeler, seconded by Mr. Skarecki, to approve 211 E. Ocean Avenue, Item 7.A.1 (MSPM 16-005). Chair Katz asked that the motion be amended to give the Applicant relief from the buffer wall in Condition #13 in favor of adding additional landscaping. Vice Chair Wheeler moved to approve the motion as amended, Mr. Skarecki seconded. In a voice vote, the motion passed unanimously (6- 0). B.1. CoMRLehens,ive Plan's Coastal Managp-ment Element Text Amend- ments (CPTA 16-00,11 — Approve amendments to the Comprehensive Plan's Coastal Management Element that 1) address new statutory requirements pertaining to prevention/mitigation of flood hazards in the coastal areas (Chapter 163.3178, F.S.); and 2) update the remaining objectives and policies to account for completions and changes in the City's programs. City initiated. Chair Katz introduced Hanna Matras, Senior Planner, who reported on the history and drafting of new statutory requirements to be placed on review. The new code now calls 4 Page 1244 of 1256 Meeting Minutes Planning and Development Board - Boynton Beach, Florida July 26, 2016 for the Comprehensive Plan to be amended for changes in the State requirements only. It is recommended that the City at the same time also reviews all the elements of the Comprehensive Plan. There are incoming amendments for the land use and several other elements that stem: 1) from the Coastal Consolidated Plan which requires extensive amendments to the land use; and 2) major changes to the public school facilities because of public school concurrency (now called Capacity Determination). Palm Beach County is doing a template for all municipalities to amend the Plan to reflect these new regulations. This amendment is due now for the codification of the several new requirements for that element. There are six (6) new requirements. The last three are not an issue because they can be verbatim incorporated into the Comp Plan. However, the first three need immediate attention as the language is vague and general. Prior to 2011, Rule 935 was used to interpret and clarify the statutory requirements and has been eliminated. The Department of Economic Opportunity/Community Planning staff have considered acceptable language. The new requirements for the Coastal Management Area mainly pertain to coastal flooding and were approved in the last year's legislation and codified on July 1st. The letter of determination is due August 1st. Two other governments that submitted language are still working with the Department of Economic Opportunity as there still is no example of what language will be acceptable. Besides responding with some policies, the entire element is being withheld. Two items needing attention are: 1) sea level rise, and 2) tide-prone areas and other flood-type areas. Mr. Rosecrans asked about King Tide areas impacted now, with significant sea level rise predictions. Michael Lowe, Utilities Manager, Technical Service, said there is not a lot that can be done. They are investigating various types of storm systems. Storm systems along US 1 fall under FDOT's jurisdiction, but Boynton Beach Utilities (BBU) is putting others in, and looking at different types of control structures. Mr. Rosecrans next asked about sea walls. Mr. Lowe said BBU is not looking at sea walls; that would fall under planning. There are a number of areas that already get badly flooded. In one particular area, BBU put in a storm water system and storm water ponds in that area with pumping stations, but once the sea comes over the wall, there's not much that can be'done. Mr. Rosecrans wanted to know if that was at high tides now or only King tides. Mr. Lowe said they don't pump at high tide, only when there is storm water that needs to be removed. Chair Katz opened the floor for public comment; there was none. Motion made by Mr. Rosecrans, seconded by Mr. Fischer, to approve Comprehensive Plan's Coastal Management Element Text Amendments (CPTA 16-001). In a voice vote, the motion passed unanimously (6-0). 5 Page 1245 of 1256 Meeting Minutes Planning and Development Board Boynton each, Florida July 26, 2016 9. Other There was no other business. 10. Comments by members—Additional Chair Katz asked Mr. Rumpf if the DART Review Board is what used to be the Technical Review Board, and is it open to the public. Mr. Rumpf answered, yes, it is the old Technical Review Board-, and no, it is not open to the public. It is for administrative staff only. There are other opportunities for public hearings and intervention, and information is made available to the public on the website. Mr. Rumpf had an informational item: This Thursday (July 28) at 5:30 at the Inn at Boynton Beach, the FDOT is holding a public workshop to go through alternatives for potential improvements to the 1-95 interchanges with Gateway and Boynton Beach Boulevards. 10. Adjournment Upon motion duly made and seconded, the meeting was adjourned at 7:30 p.m. [Minutes prepared by M. Moore, Prototype, Inc.] 6 Page 1246 of 1256 d Page 1247 of 1256 . Ethics in government, FL CONST Art. I t's Florida Statutes Annotated orida Constitution--1968 Revision(Refs&Annos) Article II.General Provisions(Refs&Annos) West's F.S.A.Const.Art.2 §8 §8.Ethics in government Currentness <Text effective December 31,2020 and December 31,2022(see Const.Art.XII, §38)> A public office is a public trust. The people shall have the right to secure and sustain that trust against abuse. To assure this right: (a)All elected constitutional officers and candidates for such offices and,as may be determined by law,other public officers, candidates,and employees shall file full and public disclosure of their financial interests. (b)All elected public officers and candidates for such offices shall file full and public disclosure of their campaign finances. (c) Any public officer or employee who breaches the public trust for private gain and any person or entity inducing such breach shall be liable to the state for all financial benefits obtained by such actions. The manner of recovery and additional damages may be provided by law. (d) Any public officer or employee who is convicted of a felony involving a breach of public trust shall be subject to forfeiture of rights and privileges under a public retirement system or pension plan in such manner as may be provided by law. (e) No member of the legislature or statewide elected officer shall personally represent another person or entity for compensation before the government body or agency of which the individual was an officer or member for a period of two years following vacation of office. No member of the legislature shall personally represent another person or entity for compensation during term of office before any state agency other than judicial tribunals. Similar restrictions on other public officers and employees may be established by law. (f)(1) For purposes of this subsection, the term "public officer" means a statewide elected officer, a member of the legislature, a county commissioner, a county officer pursuant to Article VIII or county charter, a school board member, a 0 20119 Thomson Reuters. No clairn to original U.S. Government Works. 1 Page 1248 of 1256 B. Ethics in government, FL CONST Art.2 superintendent of schools, an elected municipal officer,an elected special district officer in a special district with ad valorem taxing authority, or a person serving as a secretary, an executive director, or other agency head of a department of the executive branch of state government. (2) A public officer shall not lobby for compensation on issues of policy, appropriations, or procurement before the federal government,the legislature, any state government body or agency, or any political subdivision of this state, during his or her term of office. (3) A public officer shall not lobby for compensation on issues of policy, appropriations, or procurement for a period of six years after vacation of public position,as follows: a. A statewide elected officer or member of the legislature shall not lobby the legislature or any state government body or agency. b. A person serving as a secretary, an executive director, or other agency head of a department of the executive branch of state government shall not lobby the legislature,the governor,the executive office of the governor,members of the cabinet,a department that is headed by a member of the cabinet,or his or her former department. c. A county commissioner, a county officer pursuant to Article VIII or county charter, a school board member, a superintendent of schools, an elected municipal officer, or an elected special district officer in a special district with ad valorem taxing authority shall not lobby his or her former agency or governing body. (4)This subsection shall not be construed to prohibit a public officer from carrying out the duties of his or her public office. (5) The legislature may enact legislation to implement this subsection, including, but not limited to, defining terms and providing penalties for violations.Any such law shall not contain provisions on any other subject. (g) There shall be an independent commission to conduct investigations and make public reports on all complaints concerning breach of public trust by public officers or employees not within the jurisdiction of the judicial qualifications commission. (h)(1) A code of ethics for all state employees and nonjudicial officers prohibiting conflict between public duty and private interests shall be prescribed by law. <Subsection(h)(2)added effective December 31,2020(see Const.Art.XII, § 38).> VVESTLAW Thornson Reuters. No claim original U.S. Government Works. Page 1249 of 1256 . Ethics in government, FL CONST Art. 2§ (2)A public officer or public employee shall not abuse his or her public position in order to obtain a disproportionate benefit for himself or herself; his or her spouse, children, or employer; or for any business with which he or she contracts; in which he or she is an officer, a partner, a director, or a proprietor; or in which he or she owns an interest. The Florida Commission on Ethics shall, by rule in accordance with statutory procedures governing administrative rulemaking, define the term "disproportionate benefit" and prescribe the requisite intent for finding a violation of this prohibition for purposes of enforcing this paragraph.Appropriate penalties shall be prescribed by law. (i)This section shall not be construed to limit disclosures and prohibitions which may be established by law to preserve the public trust and avoid conflicts between public duties and private interests. 6)Schedule--On the effective date of this amendment and until changed by law: (1)Full and public disclosure of financial interests shall mean filing with the custodian of state records by July 1 of each year a sworn statement showing net worth and identifying each asset and liability in excess of$1,000 and its value together with one of the following: a.A copy of the person's most recent federal income tax return;or b.A sworn statement which identifies each separate source and amount of income which exceeds$1,000.The forms for such source disclosure and the rules under which they are to be filed shall be prescribed by the independent commission established in subsection(g),and such rules shall include disclosure of secondary sources of income. (2)Persons holding statewide elective offices shall also file disclosure of their financial interests pursuant to paragraph(1). (3)The independent commission provided for in subsection(g)shall mean the Florida Commission on Ethics. Credits Added,general election,Nov.2, 1976.Amended,general election,Nov, 3, 1998;general election,Nov.6,2018. West's F. S.A. Const.Art.2 § 8,FL CONST Art.2 § 8 Current through November 6,2018,General Election End of Document CD 2019 Thomson Reuters.No clahn to original U.S.Government Works. WESTLAW @ 2019 Thomson Reuters. No clairn to original U.S. Government Works, Page 1250 of 1256 8. Ethics in government, FL CONST Art.2 No c l irn to original U.S. Government Works. 4 Page 1251 of 1256 13.A. FUTURE AGENDA ITEMS 2/19/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 2/19/2019 REQUESTED ACTION BY COMMISSION: Department to give brief presentation of their operations Police- March 2019 Fire- May 2019 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 1252 of 1256 13.B. FUTURE AGENDA ITEMS 2/19/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 2/19/2019 REQUESTED ACTION BY COMMISSION: Staff to review Development Department's plan review processes to identify efficiencies and technologies to assist with timely review of plans/projects- March 2019 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 1253 of 1256 13.C. FUTURE AGENDA ITEMS 2/19/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 2/19/2019 REQUESTED ACTION BY COMMISSION: Mayor has requested a discussion concerning a Community I D Program- March 19, 2019 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 1254 of 1256 13.D. FUTURE AGENDA ITEMS 2/19/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 2/19/2019 REQUESTED ACTION BY COMMISSION: Commission wants to discuss public safety as it relates to the Town Square Redevelopment- June 2019 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 1255 of 1256 13.E. FUTURE AGENDA ITEMS 2/19/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 2/19/2019 REQUESTED ACTION BY COMMISSION: Modification of parking ordinance to prohibit parking of tractor trailers in residential neighborhoods- 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 1256 of 1256