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Agenda 03-19-19 The City of wr Boynton Beach y City Commission Agenda Tuesday, March 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 www.boynton-beach.org Page 1 of 701 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 701 1. OPENINGS A. Call to Order - Mayor Steven B. Grant Invocation by Father Dan Fink, of St. Mark Catholic Church Pledge of Allegiance to the Flag led by Commissioner Aimee Kelley Roll Call Accept the Official Election Results from the March 12, 2019 Municipal Election Swearing In of STEVEN B. GRANT as Mayor Swearing In of J USTI N KATZ as Commissioner District I Swearing In of CHRISTINA L. ROMELUS as Commissioner District III Swearing In of TY PENSERGA as Commissioner District IV Presentation of Plaque toAIMEE KELLEY Selection of Vice Mayor Swearing In of Vice Mayor 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. Announce the 2019 Boynton Beach Firefighters Fishing Tournament & Chili Cook-off, Saturday April 6th, 2019 at Boat Club Park, 2010 N. Federal Hwy Boynton Beach FL by Chief Joseph. 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. R19-029- Authorize the City Manager to sign the artist agreement with Krivanek+Breaux/Art+Design, LLC of Chicago, IL in the amount of $97,000 for the Police Station Public Art project. Page 3of701 B. PROPOSED RESOLUTION NO. R19-030- Approve utilizing the Kansas City, MO, through the US Communities cooperative purchasing program contract# EV2370 with Graybar Electrical Company of West Palm Beach, FL for electrical/lighting supplies in the amount of $85,000 and authorize the City Manager to sign an Agreement. US Communities process satisfies the City's competitive bid requirements. C. Approve the purchase of four (4) License Plate Readers from Cintel, LLC of Peachtree, City, GA for an estimated amount of $49,444.44 to be installed in Sara Sims Park. D. Approve increase of $2,500 to Blanket Purchase Order 190052 from$24,048.60 to $26,548.60 to Vazza Cleaning Corporation for Janitorial services at the Utilities Buildings. E. Approve revisions to and addition of a project(s) to the Fiscal Year 18-19 approved surtax projects. F. Approve the one-year extension for RFPs/Bids and/ or piggy-backs for the procurement of services and/or commodities as described in the written report for March 19, 2019- "Request for Extensions and/or Piggybacks." G. Accept the written report to the Commission for purchases over $10,000 for the month of February 2019. H. Approve the minutes from City Commission meeting held on March 5, 2019. 7. BIDS AND PURCHASES OVER $100,000 A. Award Bid No. 011-2515-19/IT to lowest responsive and responsible bidders as follows: • RDK Truck Sales of Tampa, Florida as Primary Vendor for Items 1, 2, 3, 5 and 6; • GT Supplies of Riviera Beach, Florida as Primary Vendor for Item 4; and Petersen Industries of Lake Wales, Florida as Secondary Vendor for Item 4, and RDK Truck Sales of Tampa, FL as Tertiary Vendor for Item 4; for Truck Rentals, in the estimated annual amount of $100,000. The initial term is for two years from date of award contingent upon receipt and approval of insurance. The bid allows for three (3) one-year renewals contingent upon mutual approval and determination that renewal is in the City's best interest. B. Award Bid No. 015-2821-19/IT for Annual Supply of Sodium Hydroxide (Liquid Caustic Soda) to the lowest responsive and responsible bidder, Brenntag Mid-South, Inc. of Orlando, Florida for an estimated annual amount of $210,658. The initial term is for one year upon date of award contingent upon receipt and approval of insurance. The Bid allows for three (3) one-year renewals contingent upon mutual approval and termination that renewal is in the City's best interest. C. PROPOSED RESOLUTION NO. R19-031 - Award Bid No. 006-2821-19/TP for Sodium Hypochlorite Tank #1 Replacement, and authorize the City Manager to sign an Agreement with and issue a Purchase Order to the lowest responsive and responsible bidder, Florida Design Drilling Corporation of West Palm Beach, Florida, in the amount of $239,000 plus a 10% contingency amount of $23,900, for a total estimated amount of $262,900. Award is contingent upon receipt and approval of insurance and payment and performance guarantys. D. PROPOSED RESOLUTION NO. R19-032- Authorize the City Manager to sign an annual service agreement with Motorola, Inc. in the amount of $138,925.44 for the continued maintenance and repair of the city's radio telecommunications systems as a sole source vendor. 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 Page 4 of 701 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) 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) 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) D. Approve Ocean Breeze East Major Site Plan Modification for multi-family residential (rental apartments) consisting of 123 dwelling units within four, three-story buildings, a clubhouse, community space, and associated recreational amenities and parking on 3.95 acres. Applicant: Paul Bilton, Centennial Management E. Approve Conditional Use and Major Site Plan Modification for the construction of a 1,927 square foot Taco Bell Restaurant, drive-through and related site improvements, located in a C-3 (Community Commercial) zoning district. Applicant: Raymond Funk, Coastal QSR, LLC 9. CITY MANAGER'S REPORT - None 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. (Tabled to March 19, 2019) B. The Mayor has requested a discussion concerning a Community ID Program. Attached is information from the PEACE organization regarding Community I D programs. C. Authorize Vice Mayor Romelus to travel to the Advanced Institute for Elected Municipal Officials (I EMO) training to be held in Tampa, FL April 12-13. 12. LEGAL A. Discuss adoption of anti-lobbying ordinance applicable to City Board Members. (Tabled to March 19, 2019) 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". (Tabled to March 19, 2019) C. PROPOSED ORDINANCE NO. 19-011 - SECOND READING -Approve ordinance amending Page 5of701 Part III, Chapter 2, Article I, Section 5 of the Land Development Regulations to update the City's Green Building Program 13. FUTURE AGENDA ITEMS A. Modification of parking ordinance to prohibit parking of tractor trailers in residential neighborhoods - April 2, 2019 B. Mayor would like to discuss possibility of having a cornerstone for the Freemasons at the new City Hall Building - April 2, 2019 C. Department to give brief presentation of their operations Police- April 2, 2019 Fire- May 2019 D. Staff to review Development Department's plan review processes to identify efficiencies and technologies to assist with timely review of plans/projects- April 16, 2019 E. Commission wants to discuss public safety as it relates to the Town Square Redevelopment- June 2019 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 701 1.A. OPENING ITEMS 3/19/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 3/19/2019 REQUESTED ACTION BY COMMISSION: Call to Order- Mayor Steven B. Grant Invocation by Father Dan Fink, of St. Mark Catholic Church Pledge of Allegiance to the Flag led by Commissioner Aimee Kelley Roll Call Accept the Official Election Results from the March 12, 2019 Municipal Election Swearing In of STEVEN B. GRANT as Mayor Swearing In of J USTI N KATZ as Commissioner District I Swearing In of CHRISTINA L. ROMELUS as Commissioner District III Swearing In of TY PENSERGA as Commissioner District IV Presentation of Plaque toAIMEE KELLEY Selection of Vice Mayor Swearing In of Vice Mayor 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: Page 7 of 701 CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 8of701 2.A. OTHER 3/19/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 3/19/2019 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 9of701 3.A. ANNOUNCEMENTS, COMMUNITYAND SPECIAL EVENTS AND PRESENTATIONS 3/19/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 3/19/2019 REQUESTED ACTION BY COMMISSION: Announce the 2019 Boynton Beach Firefighters Fishing Tournament& Chili Cook-off, Saturday April 6th, 2019 at Boat Club Park, 2010 N. Federal Hwy Boynton Beach FL by Chief Joseph. EXPLANATION OF REQUEST: The fishing tournament and chili cook-off is an annual fundraising event organized and hosted by the Boynton Beach Firefighter Benevolent Association. The event is open to the public and is fun for the whole family. We have over $10,000 in cash and prizes, a chili competition to tickle the taste buds, and a fishing tournament with many categories so you too can be a winner. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Proceeds from the event will benefit the Kiwanis Club of Boynton Beach and the Boynton Beach Firefighters Benevolent Association. FISCAL IMPACT: Non-budgeted n/a ALTERNATIVES: n/a STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Addendum Fishing Tournament Flyer Page 10 of 701 r\ J a ®� ;� illl o CIO ® olid CZ con +� o OD w. � o W ,fIc ct O o a •u r Ct 2istnrrt�n�` "AIII Wo ... cC 1i.r�d. t 4-1 rrTTa Ct .. 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W O .� cC N Vj W Z' N - ti w m W J7 .� °� A A o c a �, .. c d •3 � F`' o a o' Q 'c c a � W x cA o O � —,c °n �b U a a H o O w 3 0 `° o 'El F " o x s7 0 w z .� H O w o oa ° O o o m W d A r" U ° ° cC cb 3 Z o W d ° w b a m W o h w G U z 3 O w m en ro tq � � 3 J7 � ,'� � ca C7 A d w � E" �`' � Z [�- � � ¢' � tq �, o. � � d ee � � � 'b -c � � � � •ti °n � � � � � Z �+ W � 'S'i � � q � O m b ° �. �, F •,�., ., O o x c? ,.., N `� F4 cd en 3 �l a z. `d z, C7 0 C7 `d o c4 F" o ° p C7 0 o 3 ., o w ti o O o w a F c-, ,� Q H Pa � H w W � � � � a o. H •� " Z a N d a h o ° � 16H o a o d a U Q W o I I 4 O a ~¢ l q r CJ e �a o t 6.1 CA ola p a p cD 21 C� a m� 0 W mod' o luu q uWEI Ln co Z�w �wm w � b wJ� o + a N a �Zw t4 ouu w 04 'C O Z w 02: r; o ht v o a a "w� Z a o b Q a w O O zo 40z w rnoo cd .1 O G' r~ U www y gz 4N �•� O �"� �� m �^, rn � ca ,a ¢'p � ��da � �. 0e`,. AZO on Iq -L4 20 rx cn L.A.d i. CL S"., �+ 1 ,vi* vi •� O O cva �' 'v 5 - o:= r,�] i ui U Sa U cC—• o G' s. G' v� ,L' O E ° i�.�C UNEbQ�a " � COQ �ozz cnG'+� v, �,�' bA = N 9 P. +- d v s° c c c c �0 s0. O• �� cVag Q a w *Q Q Q Q O CQ r * E� * u r'LJ !¢vc~if 5.A. ADMINISTRATIVE 3/19/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 3/19/2019 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 3-19-19 Page 13 of 701 APPOINTMENTS AND APPLICANTS FOR MARCH 2019 } Building rAdjustments and Appeals III Romelus Reg 2 yr term to 12/19 IV Penserga Alt 2 yr term to 12/20 II Grant Alt 2 yr term to 12/19 Applicants None Education vi IV Penserga STU 2 yr term to 12/19 Applicants None Historic cPreservation III Romelus Alt 2 yr term to 12/19 Applicants None Library r Mayor Grant Alt 2 yr term to 12/20 IV Penserga Reg 2 yr term to 12/20(tabled 2) Applicants None Recreation III Penserga Alt 2 yr term to 12/20 Applicants None Senior Advisory 11 McCray Alt 2 yr term to 12/20 Applicants None Page 14 of 701 6.A. CONSENTAGENDA 3/19/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 3/19/2019 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R19-029-Authorize the City Manager to sign the artist agreement with Krivanek+Breaux/Art+Design, LLC of Chicago, I L in the amount of$97,000 for the Police Station Public Art project. EXPLANATION OF REQUEST: At the Dec. 18, 2018 City Commission meeting the Commission approved the Town Square Public Art Master plan concepts that were presented. To implement the public art projects each will have an agreement with the selected artist to begin the projects public input sessions, fabrication and installation timeline to meet the 2020 construction schedule. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The public art projects will contribute to a well planned Town Square redevelopment plan that will brand the city, generate cultural tourism and stimulate economic development. The Police Station public artwork titled "Building Up Community", will reflect the City's policing services that preserve sanity of trust and build a strong community relationship. The public art will be integrated into the new Police Station's public plaza welcoming visitors to the facility's entrance while allowing them to engage in a grouping of experiential spaces. FISCAL IMPACT: Budgeted The public art for Town Square will be charged to the Public Arts Fund, account 151-2611-579-67-01 and funds are from the art fee collected in accordance with the City's public art ordinance 07-002 on developments within the Town Square project. ALTERNATIVES: Not approve the artist agreement for the Police Station Public Art project. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 15 of 701 ATTACHMENTS: Type Description D Addendum Resolution approving Art Agreement D Addendum Police Station public art agreement, proposal and timeline - -1 Page 16 of 701 1 RESOLUTION NO. R19- 2 3 4 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 5 FLORIDA, APPROVING AND AUTHORIZING THE CITY 6 MANAGER TO SIGN THE ARTIST AGREEMENT WITH 7 KRIVANEK+BREAUX/ART+DESIGN, LLC OF CHICAGO, IL IN 8 THE AMOUNT OF $97,000.00 FOR THE POLICE STATION 9 PUBLIC ART PROJECT.; AND PROVIDING AN EFFECTIVE 10 DATE. 11 12 13 WHEREAS, at the December 18, 2018 City Commission meeting the Commission 14 approved the Town Square Public Art Master plan concepts that were presented; and 15 WHEREAS, The public art projects will contribute to a well planned Town Square 16 redevelopment plan that will brand the city, generate cultural tourism and stimulate economic 17 development; and 18 WHEREAS, to implement the public art projects each will have an agreement with 19 the selected artist to begin the projects public input sessions, fabrication and installation 20 timeline to meet the 2020 construction schedule; and 21 WHEREAS, the City Commission of the City of Boynton Beach, Florida, upon the 22 recommendation of staff, deems it to be in the best interests of the City residents to approve 23 and authorize the City Manager to sign an Artist Agreement with 24 Krivanek+Breaux/Art+Design, LLC., in the amount of $97,000.00 for the Police Station 25 Public Art Project. 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 as 29 being true and correct and are hereby made a specific part of this Resolution upon adoption 30 hereof. C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\06121DBD-94C4-42B6-8313-ED9956E7A190\Boynton Beach.15378.1.Artist Agreement with_Krivanek -_Reso.docx Page 17 of 701 31 Section 2. The City Commission hereby approves and authorizes the City 32 Manager to sign an Artist Agreement with Krivanek+Braeux/Art+Design, LLC., in the 33 amount of$97,000.00 for the Police Station Public Art Project. A copy of the Agreement is 34 attached hereto as Exhibit"A." 35 Section 3. This Resolution shall become effective immediately upon passage. 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—Ty Penserga 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\06121DBD-94C4-42B6-8313-ED9956E7A190\Boynton Beach.15378.1.Artist Agreement with_Krivanek -_Reso.docx Page 18 of 701 ARTIST AGREEMENT THIS AGREEMENT, dated the_20th_day of_February_,2019, is by and between: City of Boynton Beach, a municipal corporation, organized and operating pursuant to the laws of the State of Florida, with a business address of P.O. Box 310, Boynton Beach,FL 33425, hereinafter referred to as"CITY", and Krivanek+Breaux/Art+Design, LLC with an address of 2565 W Argyle Street, Chicago, IL 60625 in hereinafter referred to as "ARTIST." CITY and ARTIST may hereinafter collectively be referred to as the "Parties." WITNESSETH: In consideration of the mutual terms and conditions, promises, covenants and payments hereinafter set forth, CITY and ARTIST as follows: WHEREAS, public art is a work of art, generally created by a public ARTIST exhibiting the highest quality of skill and aesthetic principals and includes all forms of the visual arts conceived in any medium, material or combination hereof, including but not limited to interactive, kinetic, paintings, sculptures, stained glass, mosaics, murals, and ARTIST designed functional, architectural, landscaped, and landform elements as described in the Public Art Ordinance 07-002; and WHEREAS, CITY desires to obtain professional services from ARTIST for the creation of public artwork; and WHEREAS,ARTIST possesses the specific skills, talent, expertise, experience and knowledge to provide CITY with the artwork in a professional and ARTISTic manner; and WHEREAS, ARTIST has stated an interest in working on the creation of public artwork for the PUBLIC ART PROJECT; and WHEREAS, CITY desires to commission the ARTIST to create public artwork for initial display at the Police Sta- tion, 2080 High Ridge Road, Boynton Beach, Florida(the "Site")on the terms and conditions set forth in this agreement. NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements herein contained and other good and valuable consideration, the receipt of which is hereby acknowledged, it is agreed herein between the Parties hereto as follows: ARTICLE 1 1.1. RECITALS: Each "whereas"clause set forth above is true and correct and herein incorporated by this reference. ARTICLE 2 SERVICES AND RESPONSIBILITIES 2.1. ARTIST hereby agrees to create the public artwork described in proposal attached hereto as Exhibit A("Building Up Community"), or other services which may otherwise be required, as further enumerated in the Scope of Services set forth in Article 3 herein below. 2.2. The public artwork shall be installed by the ARTIST in the location at the site as designated by the approved pub- lic art project proposal. 2.3. ARTIST shall furnish all services and labor necessary and as may be required in the performance of this agreement. Page 19 of 701 Page 1 of 7 2.4. ARTIST hereby represents to CITY, with full knowledge that CITY is relying upon these representations when entering into this agreement with ARTIST, that ARTIST has the professional expertise, talent, experience and manpower to perform the services to be provided by ARTIST pursuant to the terms of this agreement. 2.5. ARTIST represents and warrants that all work performed pursuant to this agreement, including but not limited to the public artwork, is an original creation and does not infringe upon or violate any copyrights or other rights of any per- son, firm or organization. ARTIST does hereby indemnify and hold CITY harmless from and against any and all claims and liabilities that may arise as a result of any breach of the foregoing representation and warranty. 2.6. CITY recognizes that authors of visual art have certain rights pursuant to the Federal Visual ARTIST Rights Act of 1990, known as "VARA". CITY will not intentionally distort, mutilate and/or modify the public artwork in a manner that would be prejudicial to ARTIST's honor or reputation. 2.7. CITY is entitled to exhibit, publish, broadcast, advertise and otherwise use the likeness of the public artwork, in any non-commercial, non-profit manner CITY sees fit. Incidental appearance of the public artwork in photographs or in depictions of the store front where the public art is located shall not violate the prohibition set forth in this paragraph. 2.8. CITY agrees to give the ARTIST full acknowledgement and credit as the creator of the public artwork, with the placement of a plaque or similar object on and/or near the public artwork. 2.9. The value of the public artwork is established when the price of the art is commissioned. 2.10. CITY agrees to provide the ARTIST reasonable access to the site to prepare the public artwork for installation. ARTIST may not obstruct access to the entrance to the project and ARTIST shall be responsible for securing the installation site to protect the public from any hazards that may arise during preparation of the site or installation of the public artwork. 2.11. ARTIST may not hire or utilize the services of any sub-contractor, employee or other individual to assist the ARTIST in performing services under this agreement without the prior written approval of CITY . 2.12 ARTIST warranties the final product against all defects in workmanship and materials for a period of one year from the date of installation and agrees to repair or replace defective materials and workmanship at ARTIST's sole cost. ARTICLE 3 SCOPE OF SERVICES ARTIST shall perform the following services in accordance with this Agreement with CITY as follows: 3.1. All work performed under this Agreement shall be done in a professional manner. 3.2. The public artwork shall be produced to CITY's satisfaction and in conformity with the appropriate moral and ethical standards for the community in which the Site is located. The quality of the completed public art is a matter of prime importance and shall meet all applicable industry standards. CITY shall have the right to approve and/or reject the public artwork or any portion thereof The display, of the public artwork shall be subject to the sole discretion of CITY. 3.3 The ARTIST shall perform and provide services as set forth in the Proposal for the "Building Up Community", a copy of which is attached hereto as Exhibit"A". 3.4 ARTIST is required to coordinate with Public Art Manager and Town Square project team to prepare, install and complete the public art project. Public Art Manager will monitor the project and from time to time document the public art projects process. The Project is estimate to begin March 2019 with an estimated completion date of March 2020. Page 20 of 701 Page 2 of 7 ARTICLE 4 TERM AND TERMINATION 4.1. This Agreement shall take effect as of the date of execution as shown herein below and shall end upon completion of the ARTIST's work and services described in Articles 2 and 3 hereof. 4.2. All documents, plans, work products, materials, equipment and tools belonging to CITY will be furnished to CITY upon completion and/or termination of the agreement,whichever occurs first. 4.3 CITY's rights to exhibit, publish, broadcast, advertise and otherwise use of the likeness of the public artwork for non-commercial non-profit purposes or if for commercial purposes if incidental to photographs or renderings of the site shall survive the termination of this agreement. ARTICLE 5 COMPENSATION 5.1. CITY shall provide compensation and/or payments to the ARTIST as set forth in the Payment Schedule for "Building Up Community," a copy of which is attached hereto as Exhibit`B"dated 02-20-19. 5.2 Title to the public artwork passes to CITY of Boynton Beach upon payment of the compensation. ARTICLE 6 CHANGES TO SCOPE OF WORK AND ADDITIONAL WORK 6. CITY or ARTIST may request changes that would increase, decrease or otherwise modify the Scope of Services to be provided under this Agreement. Such changes or additional services must be in accordance with the provisions of the Code of Ordinances of Boynton Beach and must be contained in a written amendment, executed by the Parties hereto, with the same formality and with equal dignity herewith prior to any deviation from the term or scope of this Agreement, including the initiation of any additional or extra work. In no event will ARTIST be compensated for any additional work or change from attached Exhibit "A" which has not been described in a separate written Agreement executed by the Par- ties hereto. ARTICLE 7 MISCELLANEOUS 7.1. Insurance. Worker's Compensation Insurance, property damage, liability insurance and vehicular liability insurance shall be maintained by ARTIST during the life of this Agreement to comply with statutory limits for all employees, and in the case any work is sublet,the ARTIST shall require the sub-contractors similarly to provide Worker's Compensation Insurance at the same levels required by the ARTIST for all the subcontractor's employees unless such employees are covered by the protection afforded by the ARTIST. A. ARTIST shall secure and maintain in force, throughout the duration of this Agreement, comprehensive general and automobile liability insurance with a minimum coverage of $1,000,000 per occurrence; $2,000,000 aggregate for personal injury; $1,000,000 per occurrence, $2,000,000 aggregate for property damage; and, professional liability insurance in the amount of$1,000,000 (all professional contract services). B. The general liability and vehicular liability policies shall name CITY and CITY of Boynton Beach as an additional insured and shall include a provision prohibiting cancellation of said policy except upon thirty (30) days prior written notice to CITY . C. ARTIST shall secure and maintain in force throughout the duration of this contract workers' compensation insurance in amounts not less than the statutory limits. D. ARTIST shall furnish CITY with a certificate of insurance evidencing all required insurance coverage prior to the start of any work for CITY. Said insurance companies must be authorized to do business in the State of Florida and CITY will not accept any company that has a rating less than B+ in accordance with A.M. Best's Key Rating Guide, latest edition. E. If ARTIST claims to be exempt from this requirement, ARTIST shall provide CITY proof of such exemption along with a written request for CITY to exempt ARTIST, written on ARTIST's letterhead which exemption shall not be effec- tive until signed by CITY . Page 21 of 701 Page 3 of 7 7.2. Independent Contractor. This Agreement does not create an employee/employer relationship between the Parties. It is the intent of the Parties that the ARTIST is an independent contractor under this Agreement and not CITY's employee for any purposes, including but not limited to, the application of the Fair Labor Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act,the Social Security Act,the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, the State Worker's Compensation Act, and the State Unemployment Insurance law. The ARTIST shall retain sole and absolute discretion in the judgment of the manner and means of carrying out ARTIST' activities and responsibilities hereunder provided, further that administrative procedures applicable to services rendered under this Agreement shall be those of ARTIST, which policies of ARTIST shall not conflict with CITY, State, or United States policies, rules or regulations relating to the use of ARTIST'S funds provided for herein. The ARTIST agrees that it is a separate and independent enterprise from CITY, that it had full opportunity to find other business, that it has made its own investment in its business, and that it will utilize a high level of skill necessary to perform the work. This Agreement shall not be construed as creating any joint employment relationship between the ARTIST and CITY and CITY will not be liable for any obligation incurred by ARTIST, including but not limited to unpaid minimum wages and/or overtime premiums. 7.3 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. 7.4. Assignments. 7.4.1. This Agreement or any interest herein, shall not be assigned, transferred or otherwise encumbered, under any circumstances, by ARTIST without the prior written consent of CITY. However, this Agreement shall run to CITY and its successors and assigns. 7.4.2. It is further agreed that no modification, amendment or alteration in the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. 7.5. No Contingent Fees. ARTIST warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the ARTIST 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 ARTIST any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of this provision, CITY shall have the right to terminate this Agreement with- out liability at its discretion,to deduct from the contract price, or otherwise recover from ARTIST the full amount of such fee, commission,percentage,gift or consideration. 7.6. Notice. Whenever any party desires to give notice unto any other party, it must be given by written notice, sent by certified United States mail, with return receipt requested, addressed to the party for whom it is intended and the remain- ing party, at the places last specified in writing, and that places for giving of notice shall remain such until they shall have been changed by written notice in compliance with the provisions of this section. For the present, the ARTIST and CITY designate the following as the respective places for giving of notice: Page 22 of 701 Page 4 of 7 CITY: Lori LaVerriere, City Manager City of Boynton Beach 3301 Quantum Blvd., Suite#101, Boynton Beach,FL 33426 561-742-6000 Copy To: Debby Coles-Dobay Public Art Manager City of Boynton Beach 3301 Quantum Blvd., Suite#101, Boynton Beach,FL 33426 (561) 742 6026 (562) 742 6089 7.6. Binding Authority. Each person signing this Agreement on behalf of either party individually warrants that he or she has the full legal power to execute this Agreement on behalf of the party for whom he or she is signing, and to bind and obligate such party with respect to all provisions contained in this Agreement. 7.7. Headings. Headings herein are for convenience of reference only and shall not be considered on any interpretation of this Agreement. 7.8. Severability. If any provision of this Agreement or application thereof to any person or situation shall to any extent, be held invalid or unenforceable, the remainder of this Agreement, and the application of such provisions to persons or situations other than those as to which it shall have been held invalid or unenforceable shall not be affected thereby, and shall continue in full force and effect, and be enforced to the fullest extent permitted by law. 7.9. Governing Law. This Agreement shall be governed by the laws of the State of Florida with venue lying in Palm Beach County, Florida. 7.10. Attorney's Fees. In the event that either parry brings suit for enforcement of this Agreement, each parry shall bear its own attorney's fees and costs. 7.11. Extent of Agreement. This Agreement represents the entire and integrated Agreement between CITY and the ARTIST and supersedes all prior negotiations, representations or Agreements, either written or oral. 7.12. Equal Employment Opportunity. In the performance of this Agreement, the ARTIST shall not discriminate against any firm, employee or applicant for employment or any other firm or individual in providing services because of sex, age, race, color, religion, ancestry or national origin. 7.13. Waiver. Any failure by either party to require strict compliance with any provision of this contract shall not be construed as a waiver of such provision, and the waiving party may subsequently require strict compliance at any time, notwithstanding any prior failure to do so. 7.14. Counterparts.This Agreement may be executed in multiple counterparts, each of which shall be deemed an orig- inal, and all of which together shall constitute one and the same instrument. Page 23 of 701 Page 5 of 7 7.15 Usage Rights After final acceptance of the artwork by CITY,the following ARTIST' rights shall be guaran- teed: ■ Maintenance of public artworks shall be the responsibility of CITY or developer or property association and not the ARTIST. The responsible party shall make reasonable efforts to maintain the artwork in good repair. The responsible party shall attempt to consult the ARTIST and collaborator on major repairs. ■ The artwork shall not be altered, modified, removed or relocated from a site integral to the concept for the work without first consulting with the ARTIST and collaborator, if reasonably possible. If a work, nevertheless, has been significantly altered, the ARTIST and collaborator shall have the right to disclaim authorship. ■ Copyright of the artwork shall belong to the creator(s), but CITY or developer or property association shall be granted the right to make two-dimensional reproductions for non-commercial purposes. IN WITNESS OF THE FOREGOING,the Parties have set their hands and seals the day and year first written above. CITY ATTEST: CITY OF Boynton Beach, FLORIDA BY: (NAME) Lori LaVeniere, City Manager APPROVED AS TO FORM: OFFICE OF CITY ATTORNEY State of Florida County of Palm Beach The foregoing instrument was acknowledged before me, the undersigned notary public in and for the State of Florida, on this the day of , 2019, by and City Clerk and City Manager, respectively. Notary Public, State of Florida Notary Public Seal of Office Printed, Typed or Stamped Name of Notary Public Exactly as Commissioned Individuals Who Signed Are: Personally Known, No Identification Produced Page 24 of 701 Page 6 of 7 (ARTIST FILL OUT THIS PAGE AND HAVE NOTARIZED) ARTIST CONTACT INFORMATION Name BJ Krivanek Company Krivanek+Breaux/Art+Design, LLC Address 2565 W Argyle Street, Chicago IL 60625 Studio --- Cell 773-398-7814 Email bjkrivanek@aol.com Web site ivane - reaux.myportfo io.com Social Media --- � 1 Signature Count V State of L County C.O The foregoing instrument was acknowledged before me,the undersigned notary public in and for the Country or State of L_ , on this the 2 -� day of T�, 2019, by r:S Vi VQ Vj P V\ Individual who signed Is: _Personally Known,No ID Produced OR Identification Produced E EE HASLAMOLINficial Seal ic-state of Illinois Notary Public (Signature)n Expires Aug 6, 2022 Country or State of l.- Notary Public 1 rr Seal of Office �yjc Ct I t,�l� lry G1,S�t �� M C k Printed,Typed or Stamped Name of Notary Public Exactly as Commissioned Page 25 of 701 Dino 7 of 7 r 0 0 •- C0 ■ M . 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Following approval of this Agreement by CITY,payments shall be made to ARTIST as set forth below,in full consideration of the design,fabrication,delivery and installation of the ARTWORK. Percent Phase/Description Payment 10% Upon Execution of Contract.......................................................................... 9,700.00 10% Completion of Community Outreach and Design Development................................. 9,700.00 20% Approval by CITY of Final Design and Construction Documents.............................. 19,400.00 30% 50%Completion of Off-site Fabrication(photographic documentation)....................... 29,100.00 20% Commencement of On-site Installation............................................................. 19,400.00 10% Completion of Project with Final CITY Acceptance.............................................. 9,700.00 Total Costs Not to Exceed ...................................................................... $97,000.00 Exhibit B—Payment Schedule—Police Station Artwork—City of Boynton Beach-02-20-19 Page 43 of 701 6.B. CONSENTAGENDA 3/19/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 3/19/2019 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R119-030-Approve utilizing the Kansas City, MO, through the US Communities cooperative purchasing program contract# EV2370 with Graybar Electrical Company of West Palm Beach, FL for electrical/lighting supplies in the amount of$85,000 and authorize the City Manager to sign an Agreement. US Communities process satisfies the City's competitive bid requirements. EXPLANATION OF REQUEST: The City has utilized the US Communities contract in the past for electrical/lighting needs throughout the City. There is a need during the normal course of operations that staff needs electrical/lighting supplies and utilizing this contract allows for the ordering of these supplies. In addition, The Commission, on January 15, 2019, approved the budget for the addition of projects as part of the approved Fiscal Year 2018-19 Government Surtax Fund. This request is for three of those projects. Hester Center-Walkway Lighting Replacement/Upgrade LED Now project RP 1834 Budgeted - $17,576 Graybar cost- $17,574 Palmetto Greens Linear Park- Lighting Replacement/Upgrade LED Now project RP 1836 Budgeted - $2,500 Graybar cost- $2,424 Meadows Park- Lighting Replacement/Upgrade LED Now project RP 1832 Budgeted - $16,000 Graybar cost- $15,892.21 In search for the best price, we contacted four other vendors for the Holophane Lighting. The vendors were Peninsular Electric, World Electric, Grainger and MSC. All four vendors were unable to acquire the Holophane product and therefore were unable to quote. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Provides the need for new efficient lighting for the areas designated. FISCAL IMPACT: Budgeted Funds for electrical/lighting supplies are included in the adopted FY 18/19 budget and also in the following capital project accounts: 303-4209-572-6305 RP 1834 (Hester Center) 303-4216-572-6305 RP 1832 (Meadows Park) 303-4232-572-6305 RP 1836 (Palmetto Park) ALTERNATIVES: Not approve the use of the US Communities Contract and issue our own bid for electrical/lighting supplies. Page 44 of 701 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 piggy-back of KC MO Agreemewnt with Graybar Electric ❑ Agreement Agreement with Graybar for Electrical and Lighting Supplies D Attachment US Communities Graybar D Addendum Contract D Addendum US Communities® City of Kansas D Addendum Pricing Structure Page 45 of 701 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 GRAYBAR ELECTRIC COMPANY, 6 UTILIZING THE KANSAS CITY,MISSOURI CONTRACT NO. 19260, 7 THROUGH US COMMUNITIES COOPERATIVE PURCHASING 8 PROGRAM IN THE AMOUNT OF $85,000.00; AND PROVIDING AN 9 EFFECTIVE DATE. 10 11 12 WHEREAS, there is a need during the normal course of operations for staff to use 13 electrical/lighting supplies; and 14 WHEREAS, the City has utilized the US Communities cooperative purchasing 15 program in the past for electrical/lighting needs; and 16 WHEREAS, this Agreement allows for the ordering of these supplies; and 17 WHEREAS, the City Commission of the City of Boynton Beach, upon the 18 recommendation of staff, deems it in the best interest of the citizens and residents of the City 19 of Boynton Beach to approve and authorize the City Manager to sign an Agreement with 20 Graybar Electric Company of West Palm Beach,Florida utilizing the pricing from the Kansas 21 City, MO Contract No. EV2370 in the amount of $85,000.00 for the purchase of 22 electrical/lighting supplies. 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 Graybar Electric Company of 29 West Palm Beach, Florida utilizing the pricing from the Kansas City, MO Contract No. C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\AE118CB5-C921-44CA-AE07-EAF77579914F\Boynton Beach.15380.1.Piggy-back -_KC MO_(Electric_and_Lighting Supplies)_Graybar_-_Reso.docx Page 46 of 701 30 EV2370 in the amount of$85,000.00 for the purchase of electrical/lighting supplies, a copy of 31 which is attached hereto as Exhibit"A" 32 Section 3. That this Resolution shall become effective immediately upon passage. 33 PASSED AND ADOPTED this day of , 2019. 34 CITY OF BOYNTON BEACH, FLORIDA 35 36 YES NO 37 38 Mayor— Steven B. Grant 39 40 Vice Mayor— Christina L. Romelus 41 42 Commissioner—Mack McCray 43 44 Commissioner—Justin Katz 45 46 Commissioner—Ty Penserga 47 48 VOTE 49 ATTEST: 50 51 52 53 Judith A. Pyle, CMC 54 City Clerk 55 56 57 (Corporate Seal) 58 C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\AE118CB5-C921-44CA-AE07-EAF77579914F\Boynton Beach.15380.1.Piggy-back -_KC MO_(Electric_and_Lighting Supplies)_Graybar_-_Reso.docx Page 47 of 701 ELECTRICAL/LIGHTING SUPPLIES AGREEMENT This Agreement is made as of this day of , 2019 by and between GRAYBAR ELECTRIC COMPANY, INC., a Foreign corporation authorized to do business in the State of Florida with an address of 1871 Old Okeechobee Road, West Palm Beach, FL 33409 ("GRAYBAR"), 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, the CITY has utilized US Communities, a national cooperative purchasing program, in the past for electrical/lighting supplies throughout the City. There is a need during the normal course of operations that staff needs electrical/lighting supplies and utilizing the pricing from the Kansas City, Missouri contract through the US Communities cooperative purchasing program is an appropriate opportunity; and WHEREAS, GRAYBAR, has agreed to allow the City to piggy-back the Kansas City, Missouri Contract No. EV2370, to provide Electrical/Lighting Supplies through January 31, 2023 for an amount not to exceed $85,000.00 at prices based on Kansas City, Missouri 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 GRAYBAR agree that GRAYBAR shall provide Electrical/Lighting Supplies through January 31, 2023 for an amount not to exceed $85,000.00 at prices based on the Kansas City, Missouri Contract No. EV2370 through US Communities cooperative purchasing program, a copy of which is attached hereto as Exhibit "A", except as hereinafter provided: A. All references to Kansas City, Jackson County, Missouri shall be deemed as references to the City of Boynton Beach, Palm Beach County, Florida. B. All Notices to the City shall be sent to: Page 1 C:AProgram Files(X86)ANeevia.Com\DocconverterproATemp\NVDC\699E95AE-7B1A-4005-8D75-445212FIC3B1\Boynton Beach.15377.1.Piggyback (KC MO)_Graybar_Electrical_Lighting_Supplies_Agmt.Docx Page 48 of 701 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. D. Section 13. Records shall be deleted in it's entirety and replaced with the following: 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: 1) Keep and maintain public records required by the CITY to perform the service; Page 2 C:AProgram Files(X86)ANeevia.Com\DocconverterproATemp\NVDC\699E95AE-7B1A-4005-81)75-445212F I C3 B I\Boynton Beach.15377.1.Piggyback (KC MO)_Graybar_Electrical_Lighting_Supplies_Agmt.Docx Page 49 of 701 2) Upon request from the CITY's custodian of public records, provide the CITY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in chapter 119, Fla. Stat. or as otherwise provided by law; 3) Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and, following completion of the contract, Contractor shall destroy all copies of such confidential and exempt records remaining in its possession once the Contractor transfers the records in its possession to the CITY; and 4) Upon completion of the contract, Contractor shall transfer to the CITY, at no cost to the CITY, all public records in Contractor's possession All records stored electronically by Contractor must be provided to the CITY, upon request from the CITY's custodian of public records, in a format that is compatible with the information technology systems of the CITY. 5) 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: (CITY CLERK) 3301 QUANTUM BLVD. BOYNTON BEACH, FL, 33435. 561-742-6061. PYLEJ@BBFL.US (This clause 5 must be in 14-point boldfaced type) Section 3. In the event that the Kansas City, Missouri Contract is amended, or terminated, GRAYBAR shall notify the City within ten (10) days. In the event the Kansas City, Missouri 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. Section 4. GRAYBAR 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. Page 3 C:AProgram Files(X86)ANeevia.Com\DocconverterproATemp\NVDC\699E95AE-7B1A-4005-81)75-445212F I C3 B I\Boynton Beach.15377.1.Piggyback (KC MO)_Graybar_Electrical_Lighting_Supplies_Agmt.Docx Page 50 of 701 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 Kansas City, Missouri 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 GRAYBAR ELECTRIC COMPANY, INC. WITNESSES: BY: Print Name: Title: ATTEST: SECRETARY Page 4 C:AProgram Files(X86)ANeevia.Com\DocconverterproATemp\NVDC\699E95AE-7B1A-4005-81)75-445212F I C3 B I\Boynton Beach.15377.1.Piggyback (KC MO)_Graybar_Electrical_Lighting_Supplies_Agmt.Docx Page 51 of 701 EXHIBIT A AGREEMENT BETWEEN KANSAS CITY, MISSOURI AND GRAYBAR ELECTRIC COMPANY, INC. Page 5 C:AProgram Files(X86)ANeevia.Com\DocconverterproATemp\NVDC\699E95AE-7B1A-4005-81)75-445212F I C3 B I\Boynton Beach.15377.1.Piggyback (KC MO)_Graybar_Electrical_Lighting_Supplies_Agmt.Docx Page 52 Of 701 U.S.Communities Contracts I Graybar Page 1 of 2 „9 Gr 1-800-GRAYBAR Locations Careers Catalogs Events Blog Contact Industries Applications Services Company Manufacturers Shop Search Industries Government Contracts U.S.Communities . "WI Graybar U.S. Communities Join U.S.Communities Graybar Contact Form U.S.Communities Webinars Electrical microsite Telecommunications microsite LED microsite Graybar has been a long-term participant with U.S.Communities,a non-profit organization serving the interests of government procurement.U.S. Communities helps facilitate state,local government and education agencies make purchases from existing bid awards through the use cooperative purchasing laws.There is no cost to participate in the U.S.Communities program.All you have to do is register online at www.uscommunities.org.For information on Graybar s U.S.Communities Program,call us at 1-800-GRAYBAR or email us at uscommunities@graybar.com. NEW Graybar Electrical, Lighting, Data/Communication, Quick Reference Documents Networking &Security Contract • [PDF]U.S.Communities Flier Lead Agency' [PDF]U.S.Communities Line Card City of Kansas City MO [PDF]Graybar Distribution Services Brochure Contract Number: [PDF]Graybar Locations Brochure EV-2370 5 year initial term,February 01,2018 to January 31,2023 Option to renew for(3)additional(2)year periods View the Contract Documents EV-2370 Letter of Intent to Award [PDF]EV2370 Master Agreement [PDF]EV2370 RFP Documents [PDF]EV2370 Combined Ad Postings About the Program About Graybar Graybar values our long standing strategic relationship with U.S. Today procurement professionals face the challenge of improving Communities and our company is continuing to bring value added operational efficiencies and procuring more materials—all within solutions to their membership base as the awarded supplier of compressed time frames and limited resources.With a broad Page 53 of 701 https://www.graybar.com/industries/government/contracts/usc 3/12/2019 U.S.Communities Contracts I Graybar Page 2 of 2 electrical,lighting,communications,data networking and security spectrum of electrical,lamps,lighting,power and safety products from products through the U.S.Communities program,a nonprofit national industry leaders,we stock a comprehensive product offering for your purchasing cooperative developed by governmental agencies.Utilizing power distribution and control,lighting,building management,facility the pooled power of public agencies nationwide,the program lowers maintenance and protection needs. purchasing costs,while providing the quality of service and expertise for which Graybar is known. Through the contract awarded by lead public agency City of Kansas City,MO,Graybar also offers services that include,but are not limited Graybar provides electrical and telecommunications products through to:inventory control,technical support,eBusiness,contract the U.S.Communities contract to: compliance,emergency preparedness,engineering assistance, systems analysis,product replacement,system retrofits or upgrades, State Agencies installation and integrated services.These services will help Counties,Boroughs and Parishes participating agencies power and network their facilities with speed, Cities,Municipalities,Villages and Townships intelligence and efficiency.Services will be provided through Dependent and Independent Special Districts(such as water established relationships with existing Graybar suppliers,contractors, departments) integrators or agency preferred companies. Public and Private Schools,including K-12,Community Colleges and Universities At Graybar,our goal is simple.We listen to what you need,we Non-Profit and Charitable Institutions connect you to the right product or service and then we deliver on our word.It's how Graybar works to your advantage Deadmore» ......................................................... More about Graybar» Catalogs and Brochures » Industries Applications Services Company Manufacturers Shop Nowa Construction Data Centers Materials Management About Us Promotions Commercial Energy Solutions Process Efficiency Careers ElectricSmarts Resources Blogs Government Facility Maintenance eCommerce News Catalogs Industrial Lighting Project and Equipment Corporate Responsibility Broadband Utility Safety Finance Locations Electric Utility Intelligent Transportation Vending Solutions Events and Webinars Systems Contact Us ©Graybar Services,Inc.All Rights Reserved. Home I Privacy Policy I Website Terms of Use I Website Terms of Sale I Standard Terms&Conditions Page 54 of 701 https://www.graybar.com/industries/government/contracts/usc 3/12/2019 DocuSign I 7 1 0B3DE1 BBDO MASTER CONTRACT FOR PRODUCTS AND SERVICES-THE CITY OF KANSAS CITY, MISSOURI CONTRACT NO.: EV2370 II . I hiting, Don C2MMMpIpations and Security Prgdugtv and Rginted and,,Solutions THIS Contract is between KANSAS CITY, MISSOURI, a constitutionallymunicipal corporation {" '). See. 1. The Contract. The Contract between the CITY and CONTRACTOR consistsfollowing Contract Documents: ( ) this Contract; ( ) r , 2017, that is attached hereto and Incorporated Into this , ( is Incorporated into thisW (d) any CITY Issued ; ( Is into a CITY issued Purchase Order, (f) any and all Attachments and Exhibits . All documents listed in this Section 1 shall be collectivelyr incorporated i i uAgreernenr and "Contract"Contracr and are used interchangeably in this terms "Agreemenf and "Contracr and "Contract Documente each Include all Documents." Sec . 2. Initial Term of Contract and Additional Periods. (a) Initial Term. The Initial term of this Contract shall begin on February 1, 2018, and shall end on January 31, 2023. The Manager of Pmcurement Services Is authorized to enter into an amendment of thisitthis Contract and time of performance r this Contract. ( ) Renewal Terms. time tl the initial term, the CITY, i i ithis Contract for up to three (3) additional r terms. MAS T o ODU ________m S AND VICES Page I of 20 (REV. 1 - - ) Page 55 of 701 Dacufflgn Envdope I :4AO25638-AEOPADFO-9947-61093DEIBBDO Transitioniinitial optionsall , CONTRACTOR and CITY shall continue Contract it the CITY has a now contract in place with either provider r until the CITY terminates . Sec. 3. Purchase Orders and Work Orders. (a) Purchase Order. CITY shall order all Electrical, Lighting, Date Communications, Security Products and Related Products, Services i or "Products and Servloesw or mServiceendepending means of a Purchase Order Issued ' whichI Finance. CONTRACTOR I not providew or"Products and Services" " i containedexcess of the dollar amount in any Purchase Order even If there Is an executed Work Order between the CITYentitled paymentany from CITY In excess of the dollar amount of the Purchase Orders from CITY even If such amount is authorized in a Work Order executed by CITY . All Purchase Orders shall automatically the Contract and all Contract requirements even if the Contract is not reftrenoed. ( shall timely iall Goods and Products ordered by the CITY used interchangeably under this (c) Services or Work Orders for both Products and Services. provideI. The CITY may request CONTRACTOR to i Services. isubmitting fServices or r both Products and Servicesi I , the obtainCONTRACTOR must ion from the CITY's ServicesProcurement provideshall not perform any Services or iunless Manager of Procurement Services iServices both Products and Services iIncluding the Pricing , Products and Services . 2. Prior to the Manager of Procurement Services r' iprovide Servicest to a CITY Department, the Manager of Procurement Services : Obtaina. i If the estimated cost of the Services i dollar thresholds for MBEANBE goals and Workforce Goals for MBE/WBE I ; ® Have the CITY'sDirector of Human Relations determinewhether Services ! Prevailing requirements Performance and Maintenance ; MASTT FOR PRODUCTS AND SERVICES Page 2 of 20 (REV. 12-05-16) Page 56 of 701 DocuSIgn Envelope ID:4A025538-AE6A49F9-W7-61 019313151139130 ® Any other Legal requirements including compliance with the CITY's SLBE requIrements d. N the CITY's MBE/WBE program requirements are not applicable due to not meeting the dollar thresholds. 3. If the Manager of Procurement Services authorizes CONTRACTOR to submit a Proposal for Services or fbr both Products and Services, CONTRACTOR shall submit a detailed Proposal that Includes the Scope of Services, the Proposed Schedule, the Price and If applicable, comply wIth MBE/WBE goals, Prevailing Wage requirements, and Payment Bond and Performance Bond requirements, or SLBE requirements. If the CITY and CONTRACTOR agree to CONTRACTOR's Proposal, the CITY will Issue a Purchase Order and Work Order that is executed by the CITY and CONTRACTOR. All Work Orders and Purchase Orders signed by the CITY and CONTRACTOR shall automatically Incorporate this Contract (even If the Work Order does not specifically Incorporate this Contract). (d) CONTRACTOR shall bill the City, In a form acceptable to the City, on the following basis: monthly. See. 4, Effective Date of Contract. (a) Notwithstanding Section 2 of this Contract, neither party has any obligation under this Contract until the Manager of Procurement Services issues a Purchase Order which shall be signed by the City's. Director of Finance ceftffAng there is a balance, otherwise unencumbered, to the credit of the appropriation to which the expenditure is to be charged, and a cash balance, otherMse unencumbered, in the treasury, to the credit of the fund from which payment will be made, each sufficient to meet the obligation Incurred In the Purchase Order. (b) The date of the first Purchase Order issued by the CITY Is the efliective date of this Contract. (c) The date of the first Purchase Order Issued by the CITY after the CITY renews this Contract shall be the eftative date of the renewal term or transition term. See. 5. Invoices. (a) CONTRACTOR shall submit to CITY a request for payment (hereinafter "Invoice") for services performed in sufficient detail for the CITY to determine that the amount CONTRACTOR is requesting Is In fact due and payable. (b) CITY shall not pay any Invoice fmm CONTRACTOR unless CONTRACTOR .is in compliance with, and not In breach or defauft of, all terms, covenants and conditions of this Contract. If damages are sustained by CITY as a result of breach or default by CONTRACTOR, CITY may withhold payment(s)to CONTRACTOR for the purpose of set off until such time as the exact amount of damages due to CITY from CONTRACTOR may be determined. MASTER CONTRACT FOR PRODUCTS AND SERVICES Page 3 of 20 (REV. 12-05-16) Page 57 of 701 DocuSign Envelope ID:4A025638AEGA-49F9-9947-81 083DE1 BBDO (c) CITY shall not process CONTRACTOR's Invoice unless CONTRACTOR's Invoice is in proper form, correctly computed, and is approved by CITY as payable under the terms of this Contract. (d) CITY Is not liable for any obligation incurred by CONTRACTOR except as approved under the provisions of this Contract. (a) If CONTRACTOR Is required to meet MBE/WBE goals for this Contract, CONTRACTOR shall not submit an Invoice to the City unless CONTRACTOR's Invoice is accompanied by a copy of the most recent 00485.01 MMBE Monthly Utilization Report submitted by CONTRACTOR to the CIVs Human Relations Department. CONTRACTOR shall remain current on CONTRACTOR's filing of 00485.01 MANBE Monthly Utilization Reports. CITY shall not pay CONTRACTOR's Invoice unless CONTRACTOR is ourrard on CONTRACTOR's filing of 00485.01 MMBE Monthly Utilization Reports. (f) Payment terms are not 30 days. See. 6. Representations and Warranties of CONTRACTOR. CONTRACTOR hereby represents and warrants to the CITY the following: (a) CONTRACTOR is in good standing under the laws of the state of Missouri and each state in which it does business, except any such state where the failure to be in good standing would not have a material adverse effect on CONTRACTOR's ability to perform this Contract In accordance with its terms. (b) The execution, delivery and performance by CONTRACTOR of this Contract have been duly authorized by all necessary corporate action and do not and will not (1) require any consent or approval of CONTRACTOR's board of directors; (11) require any authorization, consent or approval by, or registration, declaration or filing with, or notice to, any governmental department, commission, board, bureau, agency or Instrumentality, or any third party, except such authorization, consent, approval, registration, declaration, filing or notice as has been obtained prior to the date hereof; (111) violate any provision of any low, rule or regulation or of any order,writ, injunction or decree presently In effect having applicability to CONTRACTOR or Its articles or by-laws; and (Iv) result in a breach of or constitute a default under any material agreement, lease or instrument to which CONTRACTOR Is a party or by which It or Its properties may be bound or affected. (c) CONTRACTOR shall not enter Into any contract for the services to CITY that purports to grant a security interest or right of repossession to any person or entity respecting the services, or any portions thereof or chattels placed thereon. (d) There is no Iffigaflon, proceeding or other Investigation pending or, to the knowledge of CONTRACTOR, threatened against CONTRACTOR which would prevent consummation of the transaction contemplated by this Contract or would have a materially adverse effect on CONTRACTOR. (a) CONTRACTOR warrants that all goods and Products are sold free of any security Interest and will make available to CITY all transferable warranties (including without limitation MASTER CONTRACT FOR PRODUCTS AND SERVICES Pege 4 of 20 (REV.12-05-16) Page 58 of 701 Dccuftn 47-81OB3DEIBBDO warranUes with respect to Intellectual infringement) WARRANTIES,manufacturer of the goods. CONTRACTOR MAKES NO OTHER IMPLIED AND SPECIFICALLY FITNESSI CONNECTIONAUTHORIZED REPRESENTATIVE OF SELLER, PRODUCTS SOLD HEREUNDER ARE NOT INTENDED FOR USE IN OR 1APPLICATION OR THE CONTAINMENT AREA OF A NUCLEAR FACILITY, POTENTIALSITUATION, WHERE THE GOODS HAVE I OR WHERE A SIX(6) FOOT CLEARANCE FROM A PATIENT CANNOT BE MAINTAINED TIMES.AT ALL (i) Neither party shall be liable lay or failure to perform under thist In the event and to the extent that such delay or failurecivil , acts of I , delay in transportation, legislative action, govemment regulations reasonable . representations,See. 7. Survival of the Representations, Warranties and Covon@nW All i hereinand covenants expressed ion of this Contract for the benefit of the parties Sec. 8. Governing Law. ThisI In laws of the State of Missouri ii Missouri's iprovisions. CONTRACTOR: (1) submit to the jurisdictionin Jackson County, Missouri, ivl jurisdiction will t raise convenlens as an objection to the locationlitigation. See. t any time upon fifteen ( notice CONTRACTOR specifying the effectivetermination, Is Contract, iIn . Sec. 10. Default and Remedies. ( ) If CONTRACTOR shallI l this I tertninate thisI , withhold payment or invoke legal or equitable remedy aftegiving ( ) days written notice opportunity . O If CITYll be in default or breach of any provisionthis , CONTRACTOR may terminate igiving noticedays written I . ( ) 1TY's remedies under thisr the purchase of Goods and Products are subject to any limitations conti in manufacturers terms and conditions , whichcopy of 'l i liability shall be limited either repair purchase price, Ioption, in no case shall liable incidental . In addition, claims loss In in writing (5)days after receipt of shipment. CONTRACTMASTER DUCTS AND SERVICES Page 5 of 20 (REV. 12-0-16) Page 59 of 701 Docuffign Envek*o ID:4AQ25038AEW49F9W7-810B3DE I BBDQ The limitation of remedies Imposed by this Section is only applicable to Products and Goods provI ded by CONTRACTOR and this limitation of remedies section is not applicable If CONTRACTOR provides Services or both Product% Goods and Services pursuant to Section 3(c)of this Contract. See. 11. Waiver. Waiver by CITY of any term, covenant, or condition hereof shall not operate as a waiver of any subsequent breach of the some or of any other term, covenant or condition. No term, covenant, or condition of this Contract can be waived except by written consent of CITY, and forbearance or indulgence by CITY In any regard whatsoever shall not constitute a waiver of some to be performed by CONTRACTOR to which the some may apply and, it complete performance by CONTRACTOR of the term, covenant or condition, CITY shall be entitled to invoke any remedy available to it under this Contract or by law despite any such forbearance or Indulgence. Sec. 12. Acceptance. No payment made under this Contract shall be proof of satisfactory performance of the Contract, either wholly or in part, and no payment shall be construed as acceptance of deficient or unsatisfactory services. See. 13. Records. (a) For purposes of this Section: 1. mCITYff shall mean the City Auditor, the City's Internal Auditor, the CKYs Director of Human Relations, the City Manager,the City department administering this Contract and their delegates and agents. . ° shall mean any document, book, paper, photograph, map, sound recordings or other material, regardless of physical form or characteristics, made or received in connection with this Contract and all Contract amendments and renewals. (b) CONTRACTOR shall maintain and retain all Records for a term of five (5) years that shall begin after the expiration or termination of this Contract and all Contract amendments. CITY shall have a right to examine or audit all Records, and CONTRACTOR shall provide access to CITY of all Records upon ton (10)days written notice from the CITY. (c) The books, documents and records of CONTRACTOR In connection with this Contract shall be made available to the City Auditor, the CIWs Internal Auditor, the Cws Director of Human Relations and the City department administering this Contract within ton (10) days after the written request Is made. Sec. 14. Affirmative Actiom If this Contract exceeds $300,000.00 and Contractor employs f1fty (50) or more people, Contractor shall comply with City's Affirmative Action requirements in accordance with the provisions of Chapter 3 of City's Code, the rules and regulations relating to those sections, and any additions or amendments thereto; In executing any Contract subject to said provisions, Contractor warrants that it has an affirmative action program in place and will maintain the affirmative action program in place for the duration of the Contract. Contractor shall not discriminate against any employee or applicant for employment because of race, color, sex, religion, national origin or ancestry, disability, sexual orientation, gender Identity or age in a manner prohibited by Chapter 3 of Citys Code. Contractor shall: MASTER CONTRACT FOR PRODUCTS AND SERVICES Page 6 of 20 (REV 12-05-16) Page 60 of 701 Docuftn Envdope ID: - 7- 1 9 I Submit, i i r electronic format, a copy of Contractors current certificatecompliance to the City's l t under the Contract, unless a copy has already been submitted to HRD at I t within the previous two (2) calendar years. If, and only if, Contractor does not possess a current certification of compliance, Contrat shall submit, In print or electronic format, a copy of its affirmative action program to HRD prior , pointunless a copy has already been submitted to HRD at any i iprevious calendar . ( ) Require any Subcontractor awarded a subcontract exceedin?i Subcontractor r In will maintain the affirmative action program in placeI t . (c) Obtain from any Subcontractor awarded a subcontract exceeding $300,000.00 a copy of the currentSubcontractors certificate of compliance , in print electronic , to HRD withini . If, and only If, Subcontractor does not possess a current. certificate of compliance, Contractor shall obtain a copy of the Subcontractor's affirmative action a copy of the same, i the subcontract is executed. actionCity has the right to take 1 ity's Human Relations Department to enforce this provision. If Contractor falls, i i , then such failure shall be deemed a total breach of this Contracti t , canceled or suspended, i In t ineligible contracts funded by City r . This Is this . Compliance.Sec. 15. Tax If the CITY's payments to CONTRACTOR exceed $180,000.01 for the period shallof May 1st through April 30th, CONTRACTOR provide proof of compliance ' ordinancesinistered by the CITY's Commissioner of Revenue as a preconditionmaking underthe first payment this Contract. CONTRACTOR also shallthe CITY proof of compliance with the CITY's tax ordinancesinistered by the CITY's Commissioner of Revenue as a condition makingprecedent to the CITY r the Contract. . policy commodities used or® supplied in the performance of any CITY Contract or any subcontract thersto shall be manufactured or produced In the United States whenever possible. See. 17. Notices. AJI notices to be givenIn writing and may be given, depositingby In the United States mailnotified, postpaid and registered or certified with return receipt requested or by delivering the same in person to such person. Notice In the mail in accordance with the provisionsll be effective stated in such noticeIn this Contract from and after the second day next following on the' envelope containing such notice. NotivIn any otherif receivedwhen ices shall be sent to the following . i , Missouri Procurement Services iii 414 East 12th Street, 1 st Floor, Room 102 W Kansas City, Missouri 64106 Attention: , C.P.M., Manager MASTER TSERVICES Page 7 of 20 (REV. -05_1 Page 61 of 701 DowSign Ehvelope I ;4AO25638-AE&A-49FO4947113 1 13BBDO E-mail: ceddc.rowan(dkcm2.oM Telephone: (816) 513-0814 Facsimile: (816)513-1066 With copies to: Law Department of Kansas City, Missouri 414 East 12th Street, 23d Floor Kansas City, Missouri 64106 ® Cecilia Abbott, Esq., City Attorney E-mail: cooill . MO.0 Telephone: (816)513-3127 Fax: (816) 513-3133 If to the CONTRACTOR: Graybar Electric Company, Inc. Ronald Drescher, National Sales Manager, Corporate Sales 11885 Lackland Road St. Louis, Missouri 63146 E-mail: ron.drescherftaravbancom Telephone: (301)306-3263 Mobile: (301)830-1424 See. 18. General lndemnlflcadon. (a) For purposes of this Section only, the following terms shall have the meanings listed: 1. Claims means all claims, damages, liability, losses, costs and expenses, court costs and reasonable attorneys' fees, including attorneys' fees incurred by the CITY in the enforcement of this indemnity obligation. 2. CONTRACTOR's Agents means CONTRACTOR's officers, employees, subcontractors, successors, assigns, invitees, and other agents. 3. CITY means CITY, its Agencies, Its agents, officials, officers and employees. (b) CONTRACTOFrs obligations under this Section with respect to indemnification for acts or omissions, including negligence, of CITY. shall be limited to the coverage and limits of Insurance that CONTRACTOR Is required to procure and maintain under this Contract. CONTRACTOR affirms that it has had the opportunity to recover all costs of the insurance requI rements imposed by this Contract In Its contract price. (c) CONTRACTOR shall defend Indemnify and hold harmless CITY from and against all claims arising out of or resulting from all acts or omissions in connection with this Contract caused in whole or in part by CONTRACTOR or CONTRACTOR's Agents, regardless of whether or not caused in part by any act or omission, Including negligence, of CITY. CONTRACTOR is nut obligated under this Section to indemnify CITY for the sole negligence of CITY. (d) In no event shall the language In this Section constitute or be construed as a waiver or limitation of the CITY's rights or defenses with regard to sovereign immunity, governmental MASTER CONTRACT FOR PRODUCTS AND SERVICES Page 8 of 20 (REV.12-05-16) Page 62 of 701 Docuftn Envidope ID:4AD25638-AEOX49FO-9947-81OB3DEIBBDO immunity, or other official immunities and protections as provided by the federal and state constitutions or by low. Sec. ® Indemnification for Professional Negligence. If this contract is for professional services, CONTRACTOR shall indemnify, and hold harmless CITY and any of Its agencies, officials, officers, or empI oyees from and against all claims, damages, liability, losses, costs, and expenses, Including reasonabI e aftomays' fees, arising out of any negligent acts or omissions in connection with this Contract, caused by CONTRACTOR, Its employees, agents, subcontractors, or caused by others for whom CONTRACTOR is liable, in the performance of professional services under this Contract. CONTRACTOR is not obligated under this Section to indemnify CITY for the negligent acts of CITY or any of Its agencies, officials, officers, or employees. See.20. Insurance. (a) CONTRACTOR shall procure and maintain in effect throughout the tarrn of this Contract Insurance policies with coverage not lose than the types and amounts specified In this Section. CONTRACTOR must have: 1. Commercial General Liability Insurance Policy: with limits of $1,000,000 per occurrence and $2,000,000 aggregate, written on an moccurrencem basis. The policy shalI be written or endorsed to include the following provisions: & Severability of Interests Coverage applying to Additional Insureds b. Contractual Liability c. Per Project Aggregate Liability Limit or, where not available, the aggregate limit shall be $2,000,000. d. No Contractual Liability Limitation Endorsement e. Additional Insured Endorsement, ISO form CG20 10, current edition, or Its equivalent. 2. Workers' Compensation Insurance and Employers Liability Policies as required by Missouri law. 3. Commercial Automobile Liability Insurance Policy: with a limit of $1,000,000 per occurrence, covering owned, hired, and non-owned automobiles. The Policy shall provide coverage on an many auto" basis and on an "occurrence" basis. This insurance policy will be written on a Commercial Business Auto form, or acceptable equI valent, and will protect against claims arising out of the operation of motor vehicles, as to acts done In connection with the Contract, by CONTRACTOR. 4. If this Contract Is for professional services, CONTRACTOR shall obtain Professional Liability Insurance with limb per claim and annual aggregate of$1,000,000. (b) All insurance policies required in this Section shall provide that the policy will not be canceI ed until after the Insurer provides the CITY ton (10)days written notice of cancellation in the event that the cancellation is for CONTRACTOR's nonpayment of premiums and thirty (30)days wrKten notice of cancellation to CITY lbr all other reasons of cancellation. MASTER CONTRACT FOR PRODUCTS AND SERVICES Nge 9 of 20 (REV. 12-05-16) Page 63 of 701 DocuSign Envelope is 4AD25636-AE&fi-49FMO47-81OB3DEIBBDO (c) The Commercial General and Automobile Liability Insurance Policies specified above shall provide that CITY and Its agencies, agents, officials, offilcers, and employees, while acting within the scope of their authority, will be named as additional Insureds for the services performed under this ® CONTRACTOR shall provide to CITY at execution of this Contract a certificate of Insurance showing all required endorsements and additional insureds. (d) All insurance policies must be provided by Insurance Companies that have an A.M. Bests rating of "A-\r or better, and are licensed or approved by the State of Missouri to provide insurance in Missouri. (e) Regardless of any approval by CITY, CONTRACTOR shall maintain the required insurance coverage in force at all times during the term of this Contract. CONTRACTOR's failure to maintain the required Insurance coverage will not relieve CONTRACTOR of Its contractual obligation to Indemnify the CITY pursuant to this Section of this Contract. In the event CONTRACTOR it to maintain the required insurance coverage in effect, CITY may declare CONTRACTOR In default. (f) In no event shall the language in this Section constitute or be construed as a waiver or limitation of the CITY's rights or defenses with regard to sovereign immunity, governmental immunity, or other official immunities and protections as provided by the federal and state constitutions or by law. See. 21. Interpretation of the Contract. (a) CITY selected CONTRACTOR through a negotiated procurement process rather then an Invitation for Bids (IFB) solicitation. Unlike the IFB, this process allows the CITY and CONTRACTOR to discuss and negotiate a contract at arm's length prior to entering a final contract ti acceptable to both the CITY and the CONTRACTOR. After negotiation and discussion, CONTRACTOR and CITY have lncorporatqd multiple documents into this Agreement and the meaning of some of the words used in the Agreement may be uncertain, incomplete or duplicative and the Agreement may promise something at one place and take that promise away at another. In sum, the Agreement may contain words and provisions that are susceptible of more than one meaning so that reasonable persons of average Intelligence may fairly and honestly differ in their construction of the words and provisions. It is the intent of the CITY and the CONTRACTOR that the CIIY9 taxpayers receive the benefit or advantage In the construction and interpretation of this Agreement, regardless of the normal judicial rules of contract construction even if the construction and interpretation of the Agreement will cost the CONTRACTOR more money and time. CITY and CONTRACTOR agree that CITY's Manager of Procurement Services shall, in cooperation with a representative of supplier, resolve all disagreements as to the meaning of this Agreement or any ambiguity In this Agreement. The decision of Cilys Manager of Procurement shall be final and conclusive if all parties have acted in good faith. (b) CONTRACTOR acknowledges and agrees that the CITY has provided CONTRACTOR with an opportunity to have CONTRACTOR's attorney review and advise CONTRACTOR on the Agreement and any potential ambiguities or areas of disagreement and the potential MASTER CONTRACT FOR PRODUCTS AND SERVICES Page 10 of 20 (REV. 12-05-16) Page 64 of 701 DocuSign Envelope ID:4A02W38-AEBA-49FO-9947-81 0133DE1 BBDO adverse legal consequences of CONTRACTOR agreeing to this Section as well as the entire Agreement. (c) CONTRACTOR certifies that CONTRACTOR has either (1) waived Its right to have CONTRACTOR's attorney review this Section and Agreement; or (2) CONTRACTOR has consuI ted with an attorney on this Section and Agreement. (d) CONTRACTOR knowingly and voluntarily agrees to this Section, as amended, and the entire Agreement. CONTRACTOR certifies that this contract was not procured by fraud, duress or undue Influence. See. 22. Contract Exectrtlon. This Contract may be executed in one or more counterparts, each of which will be deemed an original copy of this Contract and all of which, when taken together, will be deemed to constitute one and the same Contract. This Contract shall be effective upon the execution of counterparts by both parties, notwithstanding that both parties may not sign the same' counterpart. The parties' signatures transmitted by facsimile or by other electronic means shall be proof of the execution of this Contract and shall be acceptable In a court of law. See. 23. Guaranteed Lowest Pricing. CONTRACTOR certifies that this Contract contains CONTRACTOR's lowest and best pricing for all services supplied by CONTRACTOR to any government, governmental entity, political subdivision, city, state, school district or any other public entity in the United States as of the date of this Contract. CONTRACTOR represents that the prices set for herein am not less favorabI e than those currently extended to any other similarly situated government, governmental entity, political subdivision, city, state, school district or other public entity customer, for the same goods, in equal or sailor quantities, as part of similar market basket, and under similar terms. See. 24. Assignability and Subcontracting. (a) Assignability. Contractor shall not assign or transfer any part or all of Contractors obligation or Interest In this Contract without prior written approval of City. If Contractor shall assign or transfer any of its obligations or interests under this Contract without the City's prior written approval, it shall constitute a material breach of this Contract. This provision shall not prohibit contractor from subcontracting as otherwise provided for herein. (b) Subcontracting. Contractor shall not subcontract any part or all of Contractors obligations or interests in this Contract unless the subcontractor has been identified in a fbrrnat required by City. If Contractor shall subcontract any part of Contractor's obligations or interests under this Contract without having identified the subcontractor, it shall constitute a material breach of this Contract. The utilization of subcontractors shall not relieve Contractor of any of Its responsibilities under the Contract, and Contractor shall remain responsible to City for the negligent acts, errors, omissions or neglect of any subcontractor and of such subcontractor's officers, agents and employees. City shall have the right to reject, at any point during the term of this Contract, any subcontractor identified by Contractor, and to require that any subcontractor cease working under this Contract. Citys right shall be exercisable In its sole and subjective discretion. City shall not be obligated to pay or be liable fbr payment of any monies which may be due to any subcontractor. Contractor shall Include In any subcontract a requirement that the subcontractor comply with all requirements of this Contract in performing Contractor's services hereunder. MASTER C NTRACT FOR PRODUCTS AND SERVICES Page 11 d20 (REV. 12-05-16) Page 65 of 701 DocuSign Envelope ID:4AD25638-AEVAOFO-M7-81OB3DElBBDO See. 25. Professional Services — Conflict of Interest • If this Contract is, for professional servI ces other then for medical doctors or appraisers, CONTRACTOR cartifies that CONTRACTOR Is not an expert witness for any party In litigation against the CITY at the time of the issuance of this Contract. Sec. 26. Minority and Women's Business Enterprises. (a) CONTRACTOR shall assist City Certified Minority Business Enterprises(MBEs), CRY Certified Woman Business Enterprises(WBEs)and City Certified Small Local Business Enterprises(SLBEs)grow, develop, and prosper in the public sector by implementation of the requirements of this Section. (b) CONTRACTORshall provide the same U.S. Communities national discounted pricing received by the City to City Certified MBEs, WBEs and SLBEs when City Certified MBEs, WBEs, and SLBEs bid or submit a proposal on City of Kansas City, Missouri Construction or Maintenance Solicitations and other public sector Construction and Maintenance Solicitations to allow City Certified MBEs,WBEs, and SLBEs, to incorporate the same National Discounted U.S. Communities pricing received by the City In their bids and proposals to the City and other public entities and save the taxpayers money. See. 27. Employee Eligibility Verification. CONTRACTOR shall execute and submit an affidavit, in a form proscribed by the CITY, affirming that CONTRACTOR does not knowingly employ any person in connection with the contracted services who does not have the legal right or authorization under federal I aw to work in the United States as defined in 8 U.S.C. §1324a(h)(3). CONTRACTOR shall attach to the affidavit documentation sufficient to establish CONTRACTOR's enrollment and participation In an electronic verification of work program operated by the United States Department of Homeland Security to verify information of newly hired employees, under the Immigration and Reform and Control Act of 1986. CONTRACTOR may obtain additional information about E-Verify and enroll at verify.uscis.gov/enroll/StartEaAe.asgx?JS=YES. For those CONTRACTORs enrolled In E-Verify, the first and last pages of the E-Verify Memorandum of Understanding that CONTRACTOR will obtain upon successfully enrolling in the program shall constitute sufficient documentation for purposes of complying with this section. CONTRACTOR shall submit the affidavit and attachments to the CITY prior to execution of the contract, or at any point during the term of the contract if requested by the CITY. Sec. 28. Emergencies. (a) Disaster means any large scale event such as an act of terrorism, fire, wind, flood, earthquake or other natural or man-made calamity which results in, or has the potential to result In a significant loss of life or property. (b) During and after a disaster, CONTRACTOR shall provide special services to the CITY including CONTRACTOR shall open CONTRACTOR's facilities even on nights and weekends as necessary to meet the needs of the City during a disaster. (c) CONTRACTOR shall not charge CITY any fee for opening facilities during an emergency or for extending CONTRACTOR's hours of operation during a disaster. CITY shall pay CONTRACTOR the agreed upon contract prices for all purchases made by CITY during the MASTER CONTRACT FOR PRODUCTS AND SERVICES Page 12 of 20 (REV. 12-Orp-le) Page 66 of 701 Dorouftn Enve"ID:4AO25&MAEGAAOFB-9947-81OB3DEIBBDO disaster and CONTRACTOR shall not charge CITY any additional mark-up, fee or cost fbr any purchases made by CITY during a disaster. (d) CONTRACTOR shall quickly mobilize CONTRACTOR's internal and external resources to assist CITY when a disaster unfbids. (a) Extended hours and personnel. During disasters, CONTRACTOR's facilities shall stay open 24 hours If requested by the CITY. CONTRACTOR shall utilize additional CONTRACTOR personnel to take CITY orders If necessary. CONTRACTOR's Call Center shall accept phone orders 24 hours a day. (f) CONTRACTOR shall have contingency plans with CONTRACTOR's suppliers to provide additional supplies and equipment quickly to CITY as needed. (g) CONTRACTOR shall cooperate with CITY to properly document any and all expenses incurred by CITY with CONTRACTOR and CONTRACTOR shall assist CITY in meeting any and all documentation requirements of the Federal Emergency Management Agency (FEMA). Sec. 29. Inme of Delivery. Delivery Is required to be made in accordance with the schedule shown In the solicitation and purchase order. Sec. 30. F.O.B. Destination. All deliveries of Products shall be F.O.B. Destination and all freight charges are Included in the Purchase Price charged by CONTRACTOR to the CITY. (a) The proposed pricing applies to normally stocked Graybar materials. Discounts offered are based on the Graybar List Price or Cost In effect at time of order. (b) Standard delivery policy provides customers with next day service,free of charge,for materials stocked In the branch and within the standard service area. (c) Orders requiring same-day or expedited next-day service, non-stock items, special order or special handling and materials obtained from other Graybar warehouses or manufacturers, may include shipping or handling charges.Any shipping, handling or other costs will be negotiated at time of order. See. 31. Quality. AJI Products shall be new, in current production, and the best of their kind. When applicable, parts and maintenance shall be reasonably available. Now equipment that is obsolete or technically outdated is not acceptable. Remanufactured or reconditioned items are not considered new. Items shall be properly packaged, packed, labeled, and Identified In accordance with commercial standards acceptable to the trade and as required by ICC and other federal and state regulations. Packing slips will accompany the shipment. Sec. 32. Brand Name or Equal. Whenever the name of the manufacturer or the supplier Is mentioned on the face hereof and the words mor equal" do not follow, it shall be deemed that the words "or equal" shall follow such designations unless the face hereof specifies "no substitutionsu. The CITY may assume that Rome submitted are equal or it may request samples and proof thereof and unless approved before shipment, reserves right to return at the CONTRACTOR'S expense all Items that are not acceptable as MASTER CONTRACT FOR PRODUCTS AND SERVICES Page 13 of 20 (REV. 12-05-16) Page 67 of 701 DocuSign Envelope ID: - 7W 9 0B3DE1 BBDO equals, said Items to be replaced by the CONTRACTOR withthe original submitted price. Sec. 33. Commercial Warranty. The CONTRACTOR agrees that the Products and Services furnished commercialunder this Contract shall be covered by the most favorable warranties gives to any customer forsuch supplies i iprovided addftlon to and do not limit lghts afforded to the CITY by any other clause of this contract. CONTRACTOR represents that the warrantiesi t less favorable than those currently extended to any other similarly v I entity, politicalsubdivision, , school district or other public , for the some , in equal or less quantities, undersimilar market basket, and similar terms. ® Sellers Invoice. Invoices l in duplicate purchase order. Separate Invoices i . Invoices shall contain following Infiormation: purchase order , item number, description of supplies or services, , unit price,of measure, quarrifty, unit . Acceptance.Sec. 35. Inspection and Inspection and aoceptapos will be at destinationspecified otherwise, and will be made by the CITY department shown in the shipping authorized representative of the CITY. Untillig , and after any rejection, risk of loss ill be on the CONTRACTOR unless loss resultsthe CITY. CONTRACTOR VAII be notified of rejected shipments. I , Items will be returnedfreight collect. Sec. 36. Loss and Damaged Shipments. Risk loss or damage to Rams prior to the timeit receipt and acceptance by the CITY Is upon the ® The CITY has no obligation shipmentsmerchandise though the damage was t apparent or discovered untilf items. ® Late Shipments. CONTRACTOR is ite to notify the CITYreceiving Remo and the Senior Buyer of any late or delayedi t to cancel all or any part of an order If the shipmentIs not made as promised. Sec. 36. Tax Exemption - Federal and State. (a) The CITY Is exempt from Federal Excise and Transportation Chapter , Internal Revenue Code. The federal tax registration . 'Louis ! is No. 43740340K. ( ) The CITY Is exempt from payment of Missouri Sales and Use Tax in Section ( Article , of the Missouri Constitution and Sections exemptionRSMo 1969 and supplement thereto. A copy of the Tax is available See. 39. Annual Appropriation of Funds. (a) Mufti-year term supply and serviceioptions to renew term contracts are subject to I appropriation of funds by the City Council. Payments made consideredunder term contracts and leases are items MASTER CONTRACT o PRODUCTS AND SERVICES14 of2 (REV. ) Page 68 of 701 DocuSign Envelope IM 4AO25&M-AE6A-49FO-M7-81OB3DEIBBDO funded when issued,therefore are current expense items and are not subject to anysubsequent appropriatI on of funds. (b) In the event sufficient funds am not appropriated for the payment of lease payments or anticipated term contract payments required to be paid In the next occurring lease or contract term and If no funds are legally available from other sources, the lease or contract may be terminated at the and of the original term or renewal term and the CITY shall not be obligated to make further payments beyond the then current original or renemW term. The CITY will provide notI ce of Its Inability to continue the lease or contract at such time as the Manager of Procurement Services Is aware of the nonappropriation of funds; however, failure to notify does not renew the term of lease or contract. If a lease Is cancelled, the events of default will occur as described In the lease and/or the section titled TERMINATION FOR DEFAULT. The CITY has no monetary obligations in event of termination or reduction of a term contract since such contracts represent estimated quantities and are not funded as a contract, but only to the extent of purchase orders issued. Sec.40. Performance and Maintenance Bond and Payment Bond. (a) If a Work Order is estimated to exceed $50,000.00 and Is for the erection, construction, alteration, repair or improvement of any building, road, street, public utility or other public facility owned by the public entity as defined by Section 107.170, RSMo, CONTRACTOR shall obtain a performance and maintenance bond and payment bond as required by this Section. The City approved performance and maintenance bond and payment bond are incorporated in this Contract by reference and Contractor shall require its Surety to issue the performance and maintenance bonds and payment bonds on City approved forms. (b) All Bonds shall be executed by such sureties as are named in the current list of "Companies Holding Certificates of AuthorKy as Acceptable Sureties on Federal Bonds and as Acceptable ReInsuring Companies" as published in Circular 570 (amended) by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury. A certified copy of such agents authority to act must accompany all Bonds signed by an agent. If the surety on any Bond furnished by Seller is declared bankrupt or becomes Insolvent, or its right to do business is terminated In any state where any part of the Project Is located or it ceases to meet the requirement of the preceding sentence, Seller shall within twenty (20)days thereafter substitute another Bond and surety, both of which must be acceptable to City. (c) The performance and maintenance bond and payment bond shall remain in effect at least one (1)year after the date when final payment becomes due, except as provided otherwise by Laws or Regulations or by the Contract Documents. (d) AJI Bonds required by the Contract Documents to be purchased and maintained by CONTRACTOR shall be obtained from surety that Is duly'llcensed in the State of Missouri and In the jurisdiction in which the Project Is located, If not In Missouri, to Issue Bonds. All surety companlesshall hold an A.M. Best rating of B+, V, or better. (e) If the surety on any Bond furnished by Contractor is declared bankrupt or becomes Insolvent, or Its right to do business is terminated in any state where any part of the Project is located or it ceases to meet the requirement of Paragraph 5.01 B, Contractor shall within twenty (20) days thereafter substitute another Bond and surety, both of which must be acceptable to City. MASTER CONTRACT FOR PRODUCTS AND SERVICES Page IS cwf 20 (REV. 12w05-16) Page 69 of 701 Sec . 41. Prevailing Wage. A. Prevailing includes work that requires payment of prevailingt forth I ), CONTRACTOR shelf pay workers III i i r the Law,work that meets definitionthe ""Includes construction, reconstruction, Improvement, enlargement, alteration, paintingi ." "Maintenance is not subject to the Low is i , but not the replacement, of existingfacilities size,the t of the existingilii Is increased." with;1. Contractor shall comply and require its Subcontractors to comply a. Sections 10 to 290.340, RSMo the State of Missouri Prevailing "Lawn), and Order)b. 8 CSR.30-3.010 to 8 CS R 30-3.060, the Prevailing Wage Law Rules (the"Rules"); and c. the Annual Wage Order (Wage issued by the State of Missouri's IndustrialLabor and i ; and Increase)d. any applicable Annual Incremental Wage Increase (Wage Order. 2. The Law, Rules, Wage Order and any Wage Increase are incorporated into and made part hereof this Contract and shall be collectivelyin thisi "Prevailing Wage ." In the event this Contract is renewed for an additional term, the Wage Order In i ' , as amended by any applicable Wage Increase, shall be deemed incorporated hereinshall remainin effect for the duration of the additional applicable Wage Increase shall governi the fact thattbeing physicallyreplaced might be i . ® Contractor shall pay and require under this Contract not lose than the prevailing work performed by the worker In , Wage Order and any applicableI insure that the prevailing.hourly wage rates are paidr and each of its Subcontractors r the class or type of work performed by the worker i accordance with the Prevailing Requirements. 4. Prior Its Subcontractors , Contractor shall require each Subcontractor to complete Citysentitled "° rCertificationo that sets forth the Subcontractor's ill li the two (2) years prior to the bid. Contractori rCertifications available to Citywithin )days after written request. shall5. Contractor keep and requireIn the construction publicin performance of the Contract Contractor : ® Keep and require each of Its Subcontractors engaged in the constructionpublic In performance of the Contract to keep fulli "Daily Labor Force Reporr Form indicating the worker's name, occupaticlassification group and ill and the workers' hours. City shall furnish blankiDaily Labor MASTER CONTRACT FOR PRODUCTS AND SERVICES ftge 16 of 20 (REV. -1 Page 70 of 701 DocuSign Envelope ICS, - - 7 Fares Report Form to Contractor for its i . Contractor shall submitIts Subcontractors Daily Labor Force Reports to CRY each day; and b. Submit, and require each of Its Subcontractors engaged In i works in performance of the Contract to submit, electronically, in a format prescribed by Certifiedthe City, I Report Information indicating the worker's name, address, social security number, occupation(s), craft(s) of every worker employed in connection with I r of hours worked by each worker and the actual wages paid in connection with the Project and otherpertinent Information requested by the City; and c. Submit, and require each of Its Subcontractors engaged in the constructionpublic works In performance of the Contract it, electronically, In format prescribed by the City, a Payroll Cartifloation. The Payroll Certificationt be signed employee or agent who pays r supervises the Contract for the Contractor and each Subcontractor. The Daily iCartifled PayrollivSection A 6. Contractor shall make all Inspection representativesany authorized i i Department of Labor and Industrial Relations i shall not be destroyed or removed from the State of Missouri followingl the publici . Contractor shall have Its its Subcontractors Certified Payroll Certificationsit tCity electronicallyi i . In addition, all Records shall be consideredpublic record and Contractor i In within i . City, in its sole discretion, may require expense.requested the Record at Contractor's statement7. Contractor shall post and keep posted a clearly legible of all prevailing rateswage i II workers employed by Contractor and each of its Subcontractors in the performance of this Contract In a prominent and easilyitplace at the Site of workers.the Work by all 8. If the Contract Price exceeds $250,000.00, Contractor shall and shall require each Subcontractor engaged in any construction of public works to have Its name, acceptable recognizableabbreviation or !I of the principal imotorized place of equipment which Is used in connection with the Project during the time Contractor r Subcontractor Is ilegible I (20') feet, but the sizelettering t Inches. In cases where equipmentis leased or where afflxlngiequipment is impractical, the ContractorI Information requiredi In place of affixing requiredinformation i Is not In i t i federal statute, rule or regulation. Motor vehiclesisimilar MASTER CONTRACT Vii Page 17 of 20 (REV. 1 -1 Page 71 of 701 ID.-4AO25638-AEP,"Fg-9947-81OB3DEIBBDO Information ! regulatory exemptfederal government are from the provisionsi 1 . 9. Contractor in Contractoes or any Subcontractors' Records, or Subcontractors'Contractor's or any violations any Wage Increase II r notice from City. 10. Contractor shall and I require RelationsDepartment of Labor and Industrial In I , Rules, Annual Wage Order and any Wage Increase. Contractor Irequire permitSubcontractors to i t of Labor and Industrial Relations to Interview ll workers during workingt Contractor's sole cost and expense. 1.Contractor shallf City, upon completion therefore, affidevits-from Contractor and each of Its t fullyied with the provisions and requirements 'r v ili . City shall t make, final payment until the affidavits, in proper form and order, from Contractor and each of It a Subcontractors, are flied . i2.Contractor I forfeit as a statutorythe City one hundred dollars each worker employed, for each calendar day, r portion thereof, such worker is paid less then the prevailing hourly ratesi , by Contractorr by Subcontractors.any of Contractoed If Contractor or any of Its Subcontractors have violated any section(s)of 290.210 to 290.340, , In the course of the execution of the Contract, City shall when making payments to the Contractor becoming due under this , withholdi sectionsviolation of . B. Prevailing Wage Damages. Contractort, based on the violationsexperience of City, issouri Prevailing Wage Act, whether by Contractor or its additionalSubcontractors, commonly result In t additional costs to City for any particular it ion are difficult to establishinclude but are not limited constructionto: costs of , additional work for City, additional Interest expenses, investigations, and the cost of establi i ii it division workingthe City Manager to monitor prevailingcompliance. 1. In the event of the failure by Contractorr any of its Subcontractors to pay wages as provided In the Missouri Prevailing Wage Act, City shall be entitled Contract i liquidated , ($100.00) per day. per worker who is paidprevailing approximate additional costs. The sum shall be deducted, paid or owed whether or not the Contract Times i . 2. City shall give written notice to Contractor underpaid, the amount of the statutory penalty and the amount of the liquidated provided whichity upon written request. If Contractor falls respond within the specified , the City'soriginal i f Contractor i idecision writing within f completing investigation. MASTER CONTRACT FOR PRODUCTS AND SERVICES Page 18 of 20 (REV.1 Page 72 of 701 Docuftn Envelope ID:4A02503B-AEGA-4QF9-QH7-81083DE1 BBDO C. Excessive Unemployment. 1. Resident LaboreW means laborers who have been residents of the State of Missouri for at I east thirty days and who intend to remain Missouri residents, and residents of Nonrestrictive States. 2. nNonrestrictive States"' means states identified by the Missouri Department of Labor and I Relations Division of Labor Standards that have not enacted state laws restricting Missouri laborers from working on public works projects. A list of Nonrestrictive States can be found on the Division web site at blg:i6Mw.dolir.mo.00v/18/index.htm. 3. A period of Excessive Unemployment is declared when the Missouri Department of Labor and Industrial Relations Division of Labor Standards provides notice of such declaration. When in affect, notice will be provided on the Division web site at hftD://www.dolir.Mg_goy/isrindex.htm. It is Contractoes obligation to determine whether a period of Excessive Unemployment is in affect when this Contract Is I . 4. Contractor agrees to follow the provisions of Section 290.560 - 290.575 RSMo and agrees that If a period of Excessive Unemployment has been' declared at any point during the term of this Contract, it will employ and require all Subcontractors of whatever tier to employ only Resident Laborers for the Work to be performed under this Contract. Provided, however, Contractor may use laborers who are not Resident Laborers when Resident Laborers are not available or are incapable of performing the particular type:of work,involved If Contractor so certifies in writing to City and City Issues a written approval.'This provision does not apply to regularly employed nonresident executive, supervisory or technical employees. Sec. 42. Workforce. If Contractor is required to pay prevailing wages for the work.perforrhed pursuant to this Contract, Contractor agrees to comply with all requirements of City's Construction Employment Program as enacted in City's Code, Sections 3-501 through M25 and as hereinafter amended. Contractor shall meet or exceed the construction employment goals unless the some shall have been waI ved in the manner provided by low. Contractor's compliance with this provision is a material part of this Contract. Contractor shall comply with City's Workforce Program Reporting System requirements. Contractor shall use City's Internet web based Worldorce Program Reporting System provided by'City and protocols Included in that software during the term of this Contract. Contractor shall maintain user applications to City's provided system for all applicable personnel and shall require subcontractors to maintain applications. MASTER CONTRACT FOR PRODUCTS AND SERVICES Page 19 of 20 (REV. 12-05-16) Page 73 of 701 DocuSignI :4AO25SWAE&4,49F9-9947-81OB3DEIBBDO CONTRACTOR I hereby certffy that p have the authority to execute this document on behalf . Graybar Electric company, Inc. �i . . , , svp, sales 11/30/2017 APPROVED A ORM Assistant i TRIG: L wd&, CONTRACTMASTER U VICES Page 20 of 20 (REV.12-05-16) Page 74 of 701 2/28/2019 Graybar Electric Company, Inc. I OMNIA Partners FAQs Manufacturer Partners Emergency U.S. Communities and National IPA, both wholly-owned subsidiaries of OMNIA Partners, have come together as OMNIA Partners, Public Sector.All public sector participants already registered with National IPA or U.S. Communities continue to have access to all contracts, with certain exceptions, in the portfolio and do not need to re-register to use a legacy National IPA, legacy U.S. Communities, or new OMNIA Partners contract. U.S. Communities and National IPA remain separate legal entities and lead agency contracts completed under each brand are effective and available for use through the contract's approved term. In the event we believe re-registration is necessary for any reason, OMNIA Partners will let you know. Electrical, Lighting, Data Communications and Security Products and Related Products, Services and Solutions Lead Agency: City of Kansas City, MO Contract Number: EV2370 5 year initial term, February 1, 2018 - January 31, 2023 Option to renew for (3) additional (2) year periods Contract Documents: • EV2370 Mastery RFP Documents: • EV2370 RFP • EV2370 Postingcu GR,,A'N,YBAR ONLINE STORE https://www.omniapartners.com/publicsector/contracts/supplier-contracts/graybar Page 75 Of 70)1/4 2/28/2019 Graybar Electric Company, Inc. I OMNIA Partners -1 0 Pf NAMV:Cqld Graybar helped NC State University streamline their procurement process by over 300% and decrease their energy usage from 8.04kw to 5.123kw. LEARN MORE 64 1 ni,o rm a Emaii., t,.j scorn rnu n'('des@g ray bar,corn Phone: 877-765-8326 Fax: 314-573-0704 EUPPLIER WEBSITE Ge't inT,,,)x,,.jc111 hftps://www.omniapartners.com/publicsector/contracts/supplier-wntracts/graybar Page 76 of 70J/4 z z z_ us z_ w U }-Lij w Z F- j Z U N U) x K 0. 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CONSENTAGENDA 3/19/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 3/19/2019 REQUESTED ACTION BY COMMISSION: Approve the purchase of four (4) License Plate Readers from Cintel, LLC of Peachtree, City, GA for an estimated amount of $49,444.44 to be installed in Sara Sims Park. EXPLANATION OF REQUEST: On February 20, 2018, Commission adopted Resolution No R18-033 (see attachment 1), approving a pilot agreement for the purchase of automated license plate recognition (LPR) solution services with American Traffic Solutions, Inc. and Cintel, LLC. The agreement with Cintel, LLC is for the equipment and clarity software end user agreement. While developing the improvements at Sara Sims Park it was determined that it would be beneficial to install LPR's with the Park. In order for the LPR's to be integrated with the ones the City has been installing at intersections they would need to work with the current software and infrastructure provided by the agreement with Cintel,LLC. Cintel, LLC has submitted an estimate for the purchase and installation of four (4) LPR cameras to be installed at Sara Sims Park. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Deploying LPR cameras City wide will assist the Police Department in efforts to curtail vehicle theft and other types of investigations. FISCAL IMPACT: Budgeted This project will be funded from Acct No. 302-4218-572-63.05 (RP 1820) ALTERNATIVES: Do not install LPR's. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Page 79 of 701 Grant Amount: ATTACHMENTS: Type Description D Attachment Attachment 2 - Cintel Estimate D Attachment Attachment 1 - R18-033 Page 80 of 701 CINTEL LLC Estimate 150 Huddleston Road CANTELSuite 400 ate ------ DN . Peachtree City, GA 30269 ———-------- -----Estimate o _ ' 11/16/2018 CIN02383 Name/Address Boynton Beach Police Dept Phil Hawkins 209 N Seacrest Blvd Boynton Beach, FL 33435 Rep FOB AF Atlanta Item Description Qty U/M Rate Total City of Boynton Beach-Sara Sims Park LPR Assumptions: (4)Single lane Locations at Sara Sims Park One Year Standard Warranty included Add-on cameras to existing LPR subscription purchased thru ATS. -Min 16' Poles& 120VAC mains power available at each location to be provided by client (4)air cards to be provided by client No permitting required by client Client to minimize pole setback distances(less than 10')at each location -Client to provide traffic management Includes startup&commissioning of all locations Quote valid for 60 days Payment terms identified below CIN-LPR-FIX-ENC-1 CAM-CLR-MST Cintel fixed(pole mount) 1 Camera MASTER LPR 4 ea 10,800.00 43,200.00 system (Cell Only)-, Processor, Power supply, Cellular Router, GPS, Remote Diagnostics, Perpetual Software license Included Connectivity: Cell modem (WAN), PoE powered radio link CIN-CAM-LPR-CS-750N C-Series LPR Camera,50mm Lens,740nm IR,Angle 4 ea 0.00 0.00 of view 7 deg., NTSC CIN-CAM-LPR-CS-CAB-20FT-GEL 20ft Premade Cable for C-Series LPR Camera- 4 ea 121.11 484.44 Outdoor Gel filled-Black CIN-CAM-LPR-CS-POLEMNT-V Cintel Raptor 3 Vertical Pole Mount kit(Ram ball 4 ea 350.00 1,400.00 mounting)-FDOT Approved CIN-CLARITY-SSUP-HW Cintel LPR In-field Hardware Startup&Commissioning 4 ea 395.00 1,580.00 per AN PR system MAN DAY 2 Man Technician Team On-site 2 day 640.00 1,280.00 MAN-BKT-TRUCK-WEEK 40' Bucket Truck Rental Per Week 0.5 Wk 1,000.00 500.00 DELIVERY Cost of delivery of products to customer 4 ea 250.00 1,000.00 Material Lead Time Estimate 45-60 Days ARO 50% Hardware Delivery 50% Due Upon Completion Total USD 49,444.44 Phone# Fax# E-mail Web Site 855-862-5468 855-862-5470 Accounts @cintelusa.corn http://eintelusa.com Page 81 of 701 1 RESOLUTION NO. R18-033 3 4 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 5 FLORIDA,REPLACING RESOLUTION R17-1.30 AND APPROVING 6 A PILOT AGREEMENT FOR AUTOMATED LICENSE PLATE 7 RECOGNITION SOLUTION SERVICES WITH AMERICAN 8 TRAFFIC SOLUTIONS, INC AND AUTHORIZING THE MAYOR 9 TO SIGN; AND PROVIDING AN EFFECTIVE. 10 11 12 WHEREAS, at its December 19, 2017, meeting, the City Commission adopted 13 Resolution R17-130 which authorized the Mayor to sign a Pilot Agreement for Automated 14 License Plate Recognition Solution Services with American Traffic Solutions, Inc. (hereinafter 15 "ATS"); and h 16 WHEREAS,the Pilot Agreement requires additional approval since ATS requires that the 17 City enter into an agreement with Cintel, LLC., for the software services for the Automated 18 License Plate Recognition system for which the City is contracting with ATS; and 19 E WHEREAS,staff has recommended that the City Commission approve and authorize the 4 20 Mayor to sign the attached Agreement. 21 NOW,THEREFORE,BE IT RESOLVED BY THE CITY COMMISSION OF THE 22 ` CITY OF BOYNTON BEACH, FLORIDA,THAT: 23 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 24 being true and correct and are hereby made a specific part of this Resolution upon adoption 1 i 25 hereof. 26 Section 2. The City Commission of the City of Boynton Beach, Florida, hereby 27 authorizes and directs the Mayor to sign the Pilot Agreement for Automated License Plate 28 Recognition Solution Services with American Traffic Solutions,Inc,a copy of which is attached I 29 hereto and made a part hereof as Exhibit "A". Resolution R17-130 is replaced by this C:\Users\StanzioneT\AppData\Local\Microsoft\Windows\Temporary Internet — Piles\Content.IE5\52FYTEOE\revised_Agreement_with ATS_for License_Plate recognition_Services - Reso.doc g 1' Page 82 of 701 PILOT AGREEMENT FOR AUTOMATED LICENSE PLATE RECOGNITION SOLUTION SERVICES This Pilot Agreement for Automated License Plate Recognition Solution Services ("Pilot Agreement") is made by and between American Traffic Solutions, Inc. ("ATS"), with its principal place of business at 1150 N. Alma School Road, Mesa,AZ 85201, the City of Boynton Beach, Florida("Customer"),a municipal corporation of the State of Florida (with ATS and Customer each a "Party" and cumulatively, the"Parties"). This Pilot Agreement sets forth the terms,conditions and obligations of the Parties,and is effective as of the last signature date hereto (the"Effective Date")_ Recitals WHEREAS, Customer and ATS entered into a Professional Services Agreement dated August 9, 2009 and such agreement has been amended from time to time(the "Photo Enforcement Agreement"), which currently has a term that expires May 14,2021; WHEREAS, Customer has indicated a desire to obtain certain Automated License Plate Recognition ("ALPR") services and use of equipment as described herein as the"ALPR Solution";and WHEREAS, Customer and ATS have agreed to commence a pilot program whereby ATS will subcontract to Cintel, LLC ("Cintel") for delivering the ALPR Solution pursuant to the terms and conditions contained herein (the"Pilot Program"); NOW,THEREFORE,for good and valuable consideration,the sufficiency of which is hereby acknowledged,the Parties agree as follows: Terms I Term and Termination of the Agreement This Pilot Agreement shall commence on the Effective Date and shall terminate on the earlier of(a) May 14, 2021; (b) any earlier termination or suspension of the Photo Enforcement Agreement; (c) termination of the EULA, as defined below, or (d) by mutual written consent of the Parties (the"Pilot Term"). In the event of a termination under subsection(b)or subsection (c)where the termination of the EULA resulted from a material breach of the EULA by Customer, Customer agrees to pay ATS an early termination fee of$10,000.00 (ten thousand dollars), which right ATS 'may assign directly to Cintel (and Customer hereby consents to such assignment). Notwithstanding the foregoing, if ATS informs Customer that Cintel is not able to provide the ALPR Solution (as defined herein) required for this Pilot Agreement under terms acceptable to ATS, this Pilot Agreement will terminate immediately at no cost to either Party and the Parties agree to negotiate in good faith a new Pilot Agreement, if so desired by the Parties. Upon the termination of this Pilot Agreement, ATS and Cintel shall have no further obligations to Customer regarding the ALPR Solution, and ATS (or its designated subcontractor)may uninstall and/or retrieve all ALPR Equipment from Customer. However, Customer may negotiate directly with Cintel for the continued use of the ALPR Solution and with ATS for the continued use of any ALPR Equipment(as defined herein)installed on ATS infrastructure. 2. Services The ALPR Solution consists of ALPR surveillance cameras and related processors, communications devices that transfer the captured and processed data(the"ALPR Data")to a server that is maintained on the Customer's premises, back-end software(Clarity TM)that facilitates the retrieval, processing and use of the ALPR Data with other databases maintained or utilized by the Customer, including ALPR capture data, white-lists, hotlists, data sharing alerts and investigative capability (which, along with the ALPR Data, constitutes Customer Data). As more fully set forth in Section 3, the ALPR Solution includes installation of the camera(s) and processor on Page 83 of 701 infrastructure, power and communication commissioning (as applicable), repair and replacement of equipment (as applicable), technical support, training, and related services. 3. ATS' Responsibilities ATS has the following responsibilities(some or all of which may be carried out by its subcontractor Cintel): 3.1 Provide Customer with up to 23 ALPR fixed and mobile surveillance cameras(minimum of 2 per site)and required processors ("ALPR Camera"), associated ALPR hardware, a server to operate and/or store the ALPR Data on the Customer's site (if requested by Customer) and use of CLARITYrm software (herein together the "ALPR Solution"), provided Customer executes and complies with the End User Licensing Agreement(the"EULA")with Cintel,which shall be incorporated into this Agreement as Exhibit 1. All ALPR hardware shall be referred to collectively as"ALPR Equipment". 3.2 Within 90 days after a permit is obtained, or if no permit is required, within 120 days of the date the Customer provides ATS a Notice to Proceed as indicated in Exhibit 2 of this Agreement, provide and, if required, install the ALPR Cameras at locations mutually agreed to by the Customer and ATS. Installation may occur on existing permitted ATS infrastructure in the City, or on non-ATS infrastructure (provided all required permits are obtained by the Customer and Customer pays for construction costs, if applicable). If installation is not performed on existing ATS infrastructure, Customer may use preexisting Customer infrastructure or may contract with ATS (or its subcontractor) for the construction and installation of new infrastructure. Any new infrastructure constructed or non-ATS infrastructure shall be the sole property and responsibility of the City. 3.3 Assist the Customer with obtaining any permits required for the installation and use of the ALPR Solution_ 3.4 For ALPR Cameras installed on existing ATS infrastructure,ATS shall use preexisting power sources to operate the ALPR Camera(for ALPR Cameras on all non-ATS infrastructure, the City shall be responsible for providing power). For all installed ALPR Cameras, ATS shall provide the communications hardware and communications service(if required),provided that ATS shall not provide communications services on any non-ATS Infrastructure to any non- ALPR Equipment(for example, if other City devices that share the infrastructure also require communications services). .ATS shall determine the method of communication services required for the operation of the ALPR Equipment. 3.5 Provide training and post-installation support as set forth in Exhibit 3. 3.6 No Customer Data is or shall be hosted, stored, accessed or,available to ATS(other than with respect to Cintel,who shall have limited access in accordance with the terms of the EULA as may be required for maintenance and upgrades). 3.7 ATS shall repair and replace all ALPR Equipment as set forth in Exhibit 3, and shall be responsible for Cintel's provision of updates to ALPR software as set forth in the EULA. 3.8 Provide the ALPR Solution to the Customer at no cost during the Pilot Term, except for costs as described in Section 4 below,which are the sole responsibility of Customer. 4. Customer's Responsibilities Customer has the following responsibilities: Page 84 of 701 3.1 Provide feedback to ATS when requested during the first 6 months of the term of this Agreement on the usability and viability of the ALPR Solution provided by ATS to Customer and then once per year thereafter,if requested. Such feedback should not.include the sharing of any Customer Data. 3.2 Allow ATS to (i) use Customer as a reference for future potential customers considering the ALPR Solution, and(ii) identify Customer as a current user of the ALPR Solution. 3.3 Customer expressly acknowledges that ATS will not have access to any Customer Data. 3.4 For locations where ATS infrastructure is not available for installation of the ALPR Camera, the Customer shall be responsible for providing the pole, power and any other infrastructure necessary for the installation and operation of the ALPR Camera other than. the communications services required to operate the ALPR Equipment, which shall be provided by ATS. ATS or Cintel will install the ALPR Camera and provide necessary communications services once the infrastructure and power is made available by the Customer. 3.5 Customer shall execute and at all times comply with the EULA. 3.6 Customer shall be directly responsible for all costs and liabilities associated with construction, installation, and any ongoing repair and maintenance of any non-ATS infrastructure used for the ALPR Equipment,and the cost of all data hosting,data retrieval or data storage or for any other usage-based or storage based costs other than the cost of the ALPR Solution. 3.7 Customer is responsible for the repair or replacement costs of any ALPR Equipment which is not the responsibility of ATS or Cintel, as set forth on Exhibit 3- 5. ATS as Independent Contractor and Use of Subcontractor For purposes of this Pilot Agreement, ATS is an independent contractor providing services to Customer_ Employees, contractors, agents and servants of ATS shall in no event be considered to be the employees, agents, contractors or servants of the Customer. This Pitot Agreement does not create an agency relationship between ATS and Customer. Customer recognizes and approves the use of Cintel as a subcontractor of ATS for the provision of the ALPR Solution and other services, as required, to support the ALPR Solution,and that Cintel is a third-party beneficiary of this Pilot Agreement. 6. Ownership of Results; Use of Data 6.1 Notwithstanding anything else to the contrary in the Photo Enforcement Agreement or this Pilot Agreement, Customer agrees it is solely responsible for the housing and security of the Customer Data, and all such data is the property of the Customer, and ATS may not use the data for any purpose without the express written consent of the Customer and only as permitted by law. 6.2 Nothing in this Section 6. of the Pilot Agreement shall be construed as to replace or conflict with Section 5. "Data Management"of the EULA. 7. Warranty Disclaimer, Indemnification and Liability 7.1 Warranty Disclaimer.The Parties acknowledge that the ALPR Solution and related services are provided by ATS"AS IS"and without warranty of any kind. ATS EXPRESSLY DISCLAIMS ALL WARRANTIES RELATING TO THE ALPR SOLUTION, EXPRESS OR IMPLIED, Page 85 of 701 INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES AGAINST INFRINGEMENT OF THIRD-PARTY RIGHTS, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 7.2 Indemnification.Subject to the provisions herein, Customer hereby agrees to hold harmless, indemnify,and defend ATS and Cintel and its affiliates, shareholders or other interest holders, managers, officers, directors, employees, agents, representatives and successors, permitted assignees and all persons acting by, through, under or in concert with them (individually an "ATS Party" and "Cintel Party" and collectively, the "ATS Parties"and "Cintel Parties")to the fullest extent then contemplated by the governing and applicable law, as defined herein, against any and all liabilities,obligations, losses,damages, penalties and judgments including attorneys' fees and related defense costs and expenses, (collectively, "Losses") which may be imposed on or incurred by any ATS or Cintel Party arising out of or related to: (a)the willful or negligent misconduct of the Customer, its employees, contractors or agents which result in death or bodily injury to any natural person(including third parties)or any damage to any real or tangible personal property (including the personal property of third parties), except to the extent caused by the negligence or willful misconduct of ATS or Cintel; (b)Customer's misuse of or failure to maintain the security of Customer Data; (c) Customer's breach of this Agreement or violation of any laws; (d) Customer's misuse or misappropriation of Cintel's products or services,(e)any representation by Customer about the Cintel products or services not authorized by Cintel; (f) any breach of this Pilot Agreement by Customer related to Customer's receipt and use of the Customer Data or the EULA. 7.3 Limited Liability. EXCEPT FOR THE LOSSES, NEITHER PARTY SHALL BE LIABLE TO THE OTHER, BY REASON OF ANY REPRESENTATION OR EXPRESS OR IMPLIED WARRANTY,CONDITION OR OTHER TERM OR ANY DUTY AT COMMON OR CIVIL LAW, FOR ANY INDIRECT, INCIDENTAL, SPECIAL, LOST PROFITS OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT. ATS'S ENTIRE LIABILITY TO CUSTOMER UNDER THIS AGREEMENT, REGARDLESS OF WHETHER THE CLAIM FOR SUCH DAMAGES IS BASED IN CONTRACT OR TORT(INCLUDING NEGLIGENCE)OR MISREPRESENTATION OR BREACH OF STATUTORY DUTY OR ANY DUTY UNDER GENERAL LAW OR ANY OTHER LEGAL THEORY, WILL NOT EXCEED ANY PAYMENT THAT THE CUSTOMER MAKES TO ATS UNDER THIS PILOT AGREEMENT, NOT TO EXCEED THE SUM OF TEN THOUSAND DOLLARS. 8. Confidentiality 8.1 Proprietary Information.Customer acknowledges that, in the course of Pilot Program,it may obtain or have access to information relating to the ALPR Solution or ATS and/or Cintel business("Proprietary Information"). Such Proprietary Information shall belong solely to ATS and/or Cintel,and includes,but shall not be limited to the following:the ALPR Solution features, software, and modes of operation, and any trade secrets, know-how, inventions (whether or not patentable), techniques, processes, programs, ideas, algorithms, schematics, testing procedures, internal documentation,design and function specifications, product requirements, problem reports,analysis and performance information and other technical, business,product, marketing and financial information, plans and data. 8.2 Exclusions. Proprietary Information shall exclude any Customer Data (excluding, for the avoidance of doubt,any licensed software or proprietary components of the ALPR Equipment) and any information that is or becomes part of the public domain through no act or failure to act on the part of the Customer or which has been independently developed by Customer(as shown by Customer's written records)without reference to or use of, in whole or in part, any Proprietary information. If disclosure of the Proprietary Information is required by any court order or similar order to which Customer must comply, Customer shall take precautions to protect the confidentiality of the Proprietary Information to be disclosed and promptly notify Page 86 of 701 ATS in time to allow ATS or Cintel to object to the disclosure and to take additional confidentiality precautions with respect to the Proprietary Information subject to such order. In any dispute between the Parties with respect to the exclusions in this section, the burden of. proof shall be on Customer and such proof shall be,by clear and convincing evidence. 8.3 Restrictions. Customer shall not use Proprietary Information except as authorized under this Agreement and shall not disclose Proprietary Information, directly or indirectly, to any third party without the express written consent of ATS and/or Cintel, as applicable. All Proprietary Information shall remain the sole property of ATS and/or Cintel. Upon request, the Customer shall promptly return to ATS all items and material in Customer's possession or control which contain any Proprietary Information. Any copies of such items or material shall also be returned. Customer understands and agrees that this Agreement does not protect any information provided to ATS by Customer related to the.ALPR Solution or the Pilot.Program and ATS shall be free to use or disclose information provided by Customer about or related to the ALPR Solutions or the Pilot Program in the course of their discussions, including any feedback provided to ATS pursuant to Section 4.1. Customer represents and warrants to ATS that Customer's discussions will not breach any third party obligations or restrictions binding on Customer and Customer agrees not to disclose or provide to ATS any third party confidential information. 8.4 Nothing in this Section 8. of the Pilot Agreement shall be construed as to replace or conflict with Section 3."Confidential Information and Content"of the EULA. 9. Compliance with Laws Customer will comply with all federal, state, and local.laws, ordinances, regulations and orders (collectively, "Laws"), including without limitation Criminal Justice Information Services (CJIS) requirements, Florida Department of Law Enforcement requirements, and any Laws relating to data privacy or the use of ALPR with respect to its access to and use of the ALPR Solution,and data captured and produced by the ALPR Solution. 10. State Law to Apply This Pilot Agreement shall be construed under and in accordance with the laws of the State of Florida. 11. Entire Agreement This Pilot Agreement constitutes the sole 'and only agreement of the Parties and supersedes any prior understanding, written or oral, between the Parties respecting the subject matter of this Pilot Agreement. No amendments, modifications, or alterations of the terms hereof shall be binding unless the same is in writing, dated subsequent to the date of this Pilot Agreement and duly executed by the Parties. 12., Legal Construction In case any one or more of the provisions contained in this Pilot Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision thereof and this Pilot Agreement shall be construed as if such invalid, illegal, or unenforceable provision had not been contained herein.This Pilot Agreement shall be enforced to the maximum extent possible so as to give effect to the intent of the Parties and shall be reformed without further action by the Parties to the extent necessary to make such provision.valid and enforceable. (signature page to follow) Page 87 of 701 IN WITNESS WHEREOF,the Parties hereto have executed this Agreement as of the last date written below on this signature page. CITY OF B®YTON BEACH AMERICAN TRAFFIC SOLUTIONS,INC. Signature: Signature: C g Name/Tide:U®'li 22L`vLy�. e— Name/Title:_Z �o/e.�tVl�2.P�vf�cJOL/i7-1 a-71S Date: / Date:_/ f / 0 *APProR Page 88 of 701 EXHIBIT 1 End User License Agreement CLARITY SOFTWARE END USER LICENSE AGREEMENT THIS END USER LICENSE AGREEMENT("EULA") is made on the date ("Effective Date") by and between Cintel, LLC"(Company"), with offices located at 420 Dividend Drive, Suite B, Peachtree City, GA and the City of Boynton Beach, Florida("Customer"), a municipal corporation of the State of Florida ("Customer") located at 100 E. Boynton Beach Blvd., PO Box 310, Boynton Beach, FL 33425. WHEREAS, Cintel is a premier license plate recognition("LPR")technology solutions provider and offers LPR hardware and commercial LPR software products and services; and WHEREAS, Customer entered into a Pilot Agreement for Automated License Plate Recognition Solution Services with American Traffic Solutions, Inc. ("ATS") on or around (the "Pilot Agreement"), pursuant to which Cintel is an authorized subcontractor of ATS to provide certain services described therein; and WHEREAS. in connection with the Pilot Agreement, Customer desires to use certain Cintel developed or distributed software as defined herein;and WHEREAS, Company desires to grant Customer a limited, non-exclusive, non-transferable license to use such software under the terms of the Pilot Agreement and this EULA. NOW THEREFORE, in consideration of the covenants by and between the parties hereto, the parties, intending to be bound, hereby agree as follows: 1. DEFINITIONS: "Content" means: (i) information obtained or developed by Company related to the Service and provided to Customer, including all Products specified and agreed upon pursuant to this EULA; (ii) the Documentation, as defined within this EULA;and(iii)Updates. Content does not include the video footage captured by LPR cameras or the license plate data recovered therefrom_ "Customer Data" means any data, information or material provided or submitted by Customer or Users to the Service in the course of using the Service. "Documentation" means, collectively, technical information and materials, in written or electronics form, delivered with the Service by Company to Customer and that are intended for Use in connection with the Service. Delivered" or "Delivery" shall mean the software and service as transmitted by Company to Customer electronically and in accordance with security measures agreed upon by both parties as described in the Specifications. "Content" means: i) information obtained or developed by Company related to the Service and provided to Customer, including all products specified and agreed upon pursuant to this EULA; (ii) the Documentation, as defined within this EULA; and (iii) Updates. "Products" shall mean any Software, code, data, graphics or other materials or resources transmitted to Customer in order to provide any of the Services under this EULA. "Services"shall mean the provision of Software, Updates, Documentation and Products provided by Company to Customer under this EULA and in accordance with the requirements of the Pilot Agreement. Page 89 of 701 "Software"shall mean the Cintel software to be provided by Company(as a subcontractor to ATS)to Customer under the Pilot Agreement. "Source Code"shall mean the readable forms together with make and build files. "Updates" means all upgrades, modified versions, updates, additions to the products and Service, whether provided to the Customer by Company through maintenance and support services or otherwise at any time. "Use"means to directly or indirectly load, execute, access, employ, utilize,store,or display the Service. "User(s)" means Customer employees who are authorized to Use the Service and have been supplied user identifications and passwords by Customer(or by Company at Customer's request)_ 2. TERMS AND CONDITIONS. 2.1 Term. Customer agrees to a contractual term of service("Term")in accordance with the Pilot Agreement between ATS and the Customer. The term of this contract will run concurrently with the term (including any renewal terms) set forth in the Pilot Agreement. In the event Customer desires, and the Company agrees, to continue providing Services following the Term(as provided for in Section 1 of the Pilot Agreement), the parties shall enter into a new EULA. 2.2 Limited LJ! a of.License. Subject to the terms and conditions of this EULA, Company hereby grants Customer a non-exclusive, non-transferable,worldwide right to use the Software(including the right to download, install and access the Sofhvare), solely for Customer's internal business purposes, subject to the terms and conditions of this EULA and the Pilot Agreement. All rights not expressly granted to Customer are reserved by Company and its licensors. Under this EULA,Customer shall not be granted any rights or license to the Software beyond that which is specifically and expressly provided for herein. Customer acknowledges that it is granted access to the Software only through the Pilot Agreement and this EULA. Customer further acknowledges that at no time shall it be entitled to download, distribute, install, transfer, reverse engineer, redistribute, or otherwise manipulate the Software in any form or manner not explicitly authorized or covered by this EULA. At no time will Customer hold title to or ownership of any of product, service, documentation,data(excluding Customer Data) or the Products, Software, Services, Documentation, or Source Code provided to Customer pursuant to this EULA. 2.3 Acknowledgement. Customer acknowledges that the Service and So%YareJnclu0ing its structure, organization and Source Code,constitute valuable trade secrets of Company and/orits licensor(s).Accordingly, Customer agrees, subject to and so long as not contrary to Client duties and obligations under public record laws: (a) Not to modify, adapt, alter, translate, or create derivative works from the Software or Service (except as expressly permitted by the Documentation),- (b) ocumentation);(b)Other than as specified herein, neither the Software nor any tools licensed with or included in the Service may be copied,in whole or in part,without the express written consent of Company. (c) Not to merge the Software with other services or software; or sublicense, lease, rent, loan, or otherwise transfer the Software or the Service to any third party; (d)To not reverse engineer, decompile, disassemble,decode, decompose or otherwise attempt to derive the Source Code for the Software or any other Company program,code,or technology installed or Delivered to Customer; (e) Not to provide services to third parties using the Software or Service (e.g. business process outsourcing, Service Bureau applications or third party training)or otherwise Use or copy the Service for third parties; (f)To notify Company immediately of any unauthorized Use of any password or account or any other known or suspected breach of security or unauthorized use of the Software or Services; (g)To report to Company immediately and use reasonable efforts to stop immediately any copying or distribution of Content that is not expressly authorized by Company and that is known or suspected by Customer or Customer's Users; (h) To not remove, alter, or obscure any proprietary notices (including copyright notices) of Company and/or its licensors incorporated into or with the Service; and Page 90 of 701 (i) Not provide false identity information to gain access to or Use the Service. 2.4 Restrictions. Customer shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available the Services to any third party in any way; or (ii) "frame" or "mirror"any Content on any other server or wireless or Internet-based device;or(iii) reverse engineer or access the Service in order to: (a) build a competitive product or service; (b)build a product using similar ideas,features, functions or graphics of the Service; or (c)copy any ideas, features, functions or graphics of the Service. Customer understands that this EULA and access to the Service immediately terminates and ends when one of the following events takes place: (i) Customer or its payee(ATS)fails to make a subscription payment; (ii) Customer's Use of the Service violates Section 2.2; (iii) Customer's material breach of this Agreement; (iv) Customer's violation, or threatened, or apparent/intended, violation of law; or (v) This EULA terminates pursuant to Section 6. 2.5 Software/Service Customization. Customer acknowledges that Products and Services are provided"as is"and'`as delivered"and cannot be construed as being able to be customized or modified in any way. Customer assumes all responsibility to review all features included prior to signing this EULA. 2.6 Software/Service Support.All support for the Products and Services shall be provided pursuant to the terms of the Pilot Agreement. The Customer will provide Company with access to the its database or server(including backup databases)on which the Software is utilized for service support from time to time in accordance with any applicable laws or compliance standards,or as may be necessary for Company to provide service or maintenance to any Company provided hardware to the extent required by the Pilot Agreement. 3. CONFIDENTIAL INFORMATION AND CONTENT 3.1 Confidential Information. During the term of this EULA, each party(the"Receiving Party") may be provided with or otherwise learn confidential and/or proprietary information of the other party (the"Disclosing Party") that is of substantial value to the Disclosing Party, which is identified as confidential at the time of disclosure or which ought in good faith to be considered confidential ("Confidential Information"). This information shall include, but is not limited to Product and Services information, materials, software,code,or any other materials transmitted to Customer under this EULA. All Confidential Information remains the property of the Disclosing Party. The Receiving Party may disclose the Confidential Information of the Disclosing Party only to its employees and contractors who need to know the Confidential Information for purposes permitted under this EULA and who are bound by written confidentiality agreements with terms at least as restrictive as those provided in this EULA. The Receiving Party will not use the Confidential Information without the Disclosing Party's prior written consent except in performance under the Pilot Agreement and this EULA. The Receiving Party will take measures to maintain the confidentiality of the Confidential Information similar to those measures the Receiving Party uses to maintain the confidentiality of its own confidential information of like importance but in no event less than reasonable measures.The Receiving Party will give immediate notice to the Disclosing Party of any unauthorized use or disclosure of the Confidential Information and agrees to assist the Disclosing Party in remedying such unauthorized use or disclosure. The confidentiality obligations do not extend to Confidential Information which(a)becomes publicly available without the fault of the Receiving Party; (b)is rightfully obtained by the Receiving Party from a third party with the right to transfer such information without obligation of confidentiality; (c)is independently developed by the Receiving Party without reference to or use of the Disclosing Party's Confidential Information;(d)was lawfully in the possession of the Receiving Party at the time of disclosure, without restriction on disclosure; or (e) is not exempt from public record laws. The obligations set forth in this Confidential Information section will be effective from the Effective Date until 3 years from the termination or Page 91 of 701 expiration of this EULA. 3.2 Customer Content. Company does not exercise any control whatsoever regarding the Customer Data,which passes through or utilizes the Company's Software, hardware, network, email or web site. 4. WARRANTIES AND DISCLAIMERS 41 Company Representations. Company represents and warrants that: (a) it has title to the Service or has acquired the right to license portions of the Service from third parties and Company.has full power and authority to grant to Customer the rights granted hereunder; (b) it has not placed, nor is Company aware of, any disabling code or any viruses in the Service which would alter,destroy, or inhibit the Service, or its Use by Customer; (c)to its knowledge,the Service does not infringe upon any US copyright, registered patent, trademark, software mark or trade name owned by a US third party; (d)Company personnel will exercise due care in the provision of the Services; and (e) neither this EULA nor the performance of or exercise of rights under this EULA will violate, conflict with, or result in the breach of any term, condition, or provision of any agreement or legal obligation (whether or not existing at the effective date)to which Company is a party or by which it may be bound, or constitute a default thereunder. 4.2 Customer Representations. Customer represents,warrants and covenants to Company as follows: (a) Customer exists under the laws of its own jurisdiction and is not under any contractual obligation that would preclude it from entering into this EULA or would interfere with its use of the Customer Data provided under this EULA; (b) Customer owns(or has the legal right to obtain and use) or has properly licensed all rights in the Customer Data at all times during the Term; (c)the Customer Data is not, nor will be, in violation of any laws or third party intellectual property rights; (d)Customer's Use of the Service does and will comply with all applicable laws,including applicable privacy laws; and (e) neither this EULA nor the performance of or exercise of rights under this EULA will violate, conflict with, or result in the breach of any term, condition, or provision of any agreement or legal obligation (whether or not existing at the effective date) to which Customer is a party or by which it may be bound, or constitute a default thereunder. 4.3 THE EXPRESS REPRESENTATIONS AND WARRANTIES SET FORTH IN THIS SECTION ARE LIMITED WARRANTIES AND ARE THE ONLY WARRANTIES MADE BY COMPANY WITH RESPECT TO THE SERVICE AND ANY PART THEREOF_ COMPANY MAKES NO OTHER REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, AND EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. COMPANY DOES NOT REPRESENT OR WARRANT THAT THE SERVICE WILL OPERATE CONTINUOUSLY OR WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY ERRORS WILL BE CORRECTED. 4.4 The representations and warranties set forth in the EULA hereto shall not apply: (i) if the Service is not used in accordance with the Documentation or the Pilot Agreement; or(ii) if Customer or a third party acting on behalf of Customer is granted administrative access to the Service;or(iii)if Customer's internal system does not employ industry standard latency levels; or(iv)to the extent that a defect is caused by or is contributed to by Customer or a Customer third party; or (v) if the defect is caused by a third party database or other third party software malfunction. 4.5 The parties expressly acknowledge that there are no intended or incidental third party beneficiaries to this EULA other than ATS. Page 92 of 701 5. DATA MANAGEMENT 5.1 Company alone (and its licensors, where applicable) shall own all.right, title and interest, including all related intellectual property rights, in and to the Service (specifically excluding all Customer Data) and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by Customer or any other party relating to the Service provided to Company. This EULA is not a sale and does not convey to Customer any rights of ownership in or related to the Service or the intellectual property rights owned by Company. The Company name, logo, and product names associated with the Service are trademarks of Company or third parties, and no right or license is granted to use them. 5.2 Company, in its sole discretion, reserves the right to supply new application Source Code for the Service and all copies thereof in Customer's possession or control whenever a future Update provides for like functionality in an object code format. 5.3 Customer Data Backups. For purposes of a local onsite server database solution, the Customer is responsible for maintaining a backup of Customer Data, and for all security requirements related to the storing, accessing and use of the Customer Data. For purposes of an offsite, cloud-based or hosted database solution, the Company is responsible for maintaining a backup of Customer Data and for an orderly and timely recovery of such data in the event that the use of the Service may be interrupted. Unless otherwise agreed between the parties in writing,Company shall maintain daily backups of all Customer Data.that can be recovered within twenty- four (24) hours. Additionally, Company shall use commercially reasonable efforts to maintain the security of Customer Data. 5.4 Loss of Data. In the event of any act, error or omission, negligence, misconduct, or breach that compromises or is suspected to compromise the security, confidentiality, or integrity of Customer Data or the physical, technical, administrative, or organizational safeguards put in place by Company that relate to the protection of the security, confidentiality, or integrity of Customer Data ("Data Breach"), Company shall, as applicable: (a)notify Customer as soon as practicable but no later than twenty-four(24)hours of becoming aware of such occurrence; and (b) reasonably cooperate with Customer in investigating the occurrence, including making available all relevant records, logs, files, data reporting, and other materials required to comply with applicable law or as otherwise required by Customer; (c)perform or take any other actions reasonably required to comply with applicable law as a result of the occurrence; (d), indemnify,defend, and hold harmless Customer for any and all losses which may be suffered by, accrued against, charged to, or recoverable from Customer in connection with the occurrence of a Data Breach that is caused directly and exclusively by Company; (e) use commercially reasonable efforts to be responsible for recreating lost Customer Data in the manner and on the schedule set by Customer without charge to Customer, and, (f)provide to Customer a detailed plan within ten (10) calendar days of the occurrence describing the measures Company will undertake to prevent 'a future occurrence. 55 Access. Use_&Legal Compulsion.Unless it receives Customer's prior written consent, Company: (i)will not access or use Customer Data other than as necessary to facilitate the Service;and(ii)will not give any third party access to Customer Data_ Notwithstanding the foregoing,and only to the extent.Company has custody or control of any Customer Data,Company may disclose Customer Data as required by applicable law or by proper legal or governmental authority. Company will give Customer prompt notice of any such legal or governmental demand and reasonably cooperate with Customer in any effort to seek a protective order or otherwise to contest such required disclosure, at Customer's expense. The Customer will be responsible for compliance with all applicable local, state, and federal laws governing the security, management, retention, access&control of Customer Data. 5.6 Customer's Rights. Customer possesses and retains all right,title, and interest in and to Customer Data, and Company's access thereto is solely as Customer's agent and is expressly limited as set forth herein. 5.7 Retention. Deletion. & Request for Data. Customer is responsible to make internal backups of all data used by or hosted on any software/service-based server. Upon termination of this EULA, Customer is responsible for retaining all Customer Data and shall permanently remove all such Customer Data from any Company Page 93 of 701 provided hardware or servers that are required to be returned to the Company at the termination of the Pilot Agreement. 6. TERMINATION 6.1 This EULA shall terminate on the earlier of: (a) the expiration of the Term as defined in Section 2.1; (b) upon the mutual agreement of the parties; or (c)e,upon written notice by either party, if the other party materially breaches any term of this EULA and fails to cure such breach within thirty(30)days after receipt by the breaching party of written notice from the non- breaching party describing such breach. 6.2 Upon termination or expiration of this EULA, (a) all use, rights and licenses granted to Customer hereunder will immediately cease and forever terminate; and(b)each party will promptly return the other party's Confidential Information. 6.4 Except as specifically provided herein or in the Pilot Agreement, if either party is entitled under local law or otherwise for any special payment or termination indemnity as a consequence of termination or expiration of this EULA, such party hereby waives and disclaims to the fullest extent permitted by law, any right to such payment or indemnity. 7. LIABILITY 7.1 :.Liability. Except as set forth in the Pilot Agreement and for the indemnification obligations set forth in this EULA, and/or actions involving or related to either party's gross negligence neither party shall be liable to the other for any incidental,consequential, special,or punitive damages or lost or imputed profits or royalties arising out of this EULA or its termination,whether for breach of warranty or any obligation arising there from or otherwise, whether liability is asserted in contract or tort(including negligence and strict product liability) and irrespective of whether a party has advised or has been advised of the possibility of any such loss or damage.Each party hereby waives any claims that these exclusions deprive it of an adequate remedy. 7.2 Indemniticatiom Customer agrees to hold harmless,indemnify and defend Company, to the fullest extent then contemplated by `the governing and applicable law for any administrative, legal or quasi-judicial action, threatened or realized ("action"), including, but not limited to allegations, claims, judgments, awards, costs, expenses, damages and liabilities of whatsoever kind and nature, including attorneys'fees and related defense costs and expenses, which may be asserted, granted,or imposed against Company directly or indirectly arising from or in connection with Customer's misuse or misappropriation of Company's Products or Services or unauthorized representation of the Products or Service or any breach of this EULA'by Customer related to Customer's receipt and use of the Software. 7.3 COMPANY'S ENTIRE LIABILITY TO CUSTOMER UNDER THIS EULA, REGARDLESS OF WHETHER THE CLAIM FOR SUCH DAMAGES IS BASED IN CONTRACT OR TORT (INCLUDING NEGLIGENCE) OR MISREPRESENTATION OR BREACH OF STATUTORY DUTY OR ANY DUTY UNDER GENERAL LAW OR ANY OTHER LEGAL THEORY,WILL NOT EXCEED THE TOTAL FEES PAID TO COMPANY BY CUSTOMER IN CONNECTION WITH SECTION 1 OF THE PILOT AGREEMENT_ 7.4 Company will not be responsible under this EULA for: (i)any alteration of the Service made by Customer to fit a particular requirement of Customer not intended by Company;or(ii)the correction of any defects resulting from Customer modifications; or (iii) the results of misuse of the Service by Customer or its affiliates; or (iv) preparation or conversion of data into the form required for Use with the Service. COMPANY AND/OR ITS LICENSORS SHALL NOT BE LIABLE FOR ANY CLAIMS OR DAMAGES ARISING FROM INHERENTLY DANGEROUS USE OF THE SERVICE, CUSTOMER'S USE OF THE SERVICE IN VIOLATION OF APPLICABLE LAW,AND/OR ANY THIRD-PARTY SERVICE LICENSED HEREUNDER. Page 94 of 701 8. GENERAL PROVISIONS: 8.1 Notices. Any notice to.be given hereunder by either party to the other may be effected by personal delivery in writing or by mail, registered or certified,postage prepaid with return receipt requested. Mailed notices shall be addressed to the respective party at the address appearing in the introductory paragraph of this EULA. Notices delivered personally shall be deemed communicated at the time of actual receipt; mailed notices shall be deemed communicated as of the third day following deposit in the United States mail. 8.2 Entire Agreement, This EULA, inclusive of the Pilot Agreement to which this is expressly incorporated therein by reference, contains the entire agreement and understanding between the parties hereto with respect to the subject matter hereof,and supersedes any and all other agreements, either oral or in writing, between the parties hereto with respect to the subject matter hereof. Any modification of this EULA will be effective only if such modification is in writing signed by the party against whom enforcement of such modification is sought. 8.3 Severability. If any provision of this EULA is invalid, illegal or unenforceable under any applicable statute or applicable law, it is to that extent to be deemed omitted. The remainder of the EULA shall be valid and enforceable to the maximum extent possible. 8.4 Governing Law_ The laws of the State of Florida shall govern all questions relative to the interpretation, construction,and enforcement of this EULA,without giving effect to the principles of conflict of laws thereof. The parties agree that any relief commenced and deemed necessary in furtherance of the protections afforded within this EULA, including any injunctive relief,shall be instituted in Palm Beach County, Florida and the United States District Court for the Southern District of Florida. 8.5 Assignment. This EULA shall not be assignable or transferable by Customer without the prior written consent of Company. Company reserves the right to assign this EULA to a successor or affiliate in its sole discretion. The rights and obligations of Company under this EULA shall inure to the benefit of and shall be binding upon the successors and assigns of Company. 8.6 Force Majeure. Neither party shall be responsible for delays or failure of performance resulting from acts beyond the reasonable control of such party. Such acts shall include, but not be limited to, acts of God,strikes, walkouts,riots,acts of war,terrorism,epidemics,failure of suppliers to perform,governmental regulations,power failure, earthquake, or other disasters. If the anticipated or actual delay or non-performance exceeds thirty(30) calendar days, the other party may immediately terminate the EULA by giving notice of termination and such termination will be in addition to the other rights and remedies of the terminating party under.the EULA,at law or in equity. 8.7 Waiver. The waiver by either party of a breach of any provisions of this EULA by the other party shall not operate or be construed as a waiver of any subsequent breach by such party. 8.8 Compliance with Laws. By accessing the Service, Customer confirms that this EULA and the performance of any rights and obligations hereof: (a)are not restricted by or contrary to any law or regulation applicable to the Customer; (b)do not require registration or approval under the applicable laws governing Customer;and (c)will not require termination payments or compulsory licensing under the applicable laws of Customer. 8.9 Counterparts. This EULA may be executed in counterparts, each of which may be original or electronic and shall together constitute one and the same binding instrument. All parties represent and warrant that, on the date first written above, they are authorized to enter into this EULA in its entirety and duly bind their respective principals by their signatures below: Page 95 of 701 ,a x I 1 EXECUTED as.of the Effective Date: CIN TEL,LLC BOYNTON BEACH, FL Name:Ala . Farash Name: Title:Chief Executive Officer Title: C APPIROJr-ORM City A ®rney I Page 96 of 701 EXHIBIT 2 FORM OF NOTICE.TO PROCEED Reference is made to the Pilot Agreement for Automated License Plate Recognition Solution Services by and between American Traffic Solutions, Inc. ("ATS")and the City of Boynton Beach, Florida ("Customer"), dated as of (the"Agreement'). Capitalized terms used in this Notice to Proceed shall have the meaning given to such term in the Agreement. Customer hereby designates the procurement and deployment or installation of ALPR cameras at the following designated locations. Execution of this Notice to Proceed by Customer shall serve as authorization for the procurement and deployment or installation of the ALPR cameras for all designated locations as follows: 1) 2) 3) 4) 5) Customer understands that implementation and installation of any location is subject to a feasibility of installation analysis, and if necessary, engineering results conducted by ATS and/or its subcontractor Cintel. IN WITNESS WHEREOF, Customer has executed this Notice to Proceed as of the date written below. CITY OF BOYNTON BEACH, FLORIDA By: Name: Date Title: ACKNOWLEDGED AND AGREED TO BY: AMERICAN TRAFFIC SOLUTIONS, INC. By: Elizabeth Caracciolo Date Senior Vice President/General Manager, Government Solutions Page 97 of 701 EXHIBIT 3 Requirement Response Email Support Response 24 hours(\ti-ithin technical telephone help desk operating periods) Technical Telephone Help Desk 08.00— 16.30 Monday through Friday Note: Eastern Standard Time Response to reported faults 24 hol11'5(within technical telephone help desk (Performance of remote peralint,periods) diagnostic tests and determination of remedy) On-site support(Inspection, All;repairs iiiust bc,c'olvipleted ivitli)n three(3) ;Service and Repair of ALPR Business Days atter fault reported to Cintel. Ec uiment) Installation Completion 90-days [roen time bf'.e&I.iit"issuadcc 120 clays from,'( Jrno,penreit required ATS (or its designated subcontractor)shall repair or replace all ALPR Equipment(including components), which may be done with replacement parts,unless such damaged component has been the subject of(a) improper handling or installation and repairs made by unauthorized persons, including the City; (b)misuse, neglect,accident on behalf of the City(or persons acting on its behalf other than a party authorized by ATS or Cintel); or(c)the City's violation of any term of this Agreement or the EULA. Repair and replacement of poles and infrastructure shall be the responsibility of ATS for ATS owned infrastructure, and the City for all non ATS-owned infrastructure. Page 98 of 701 i j f 1 RESOLUTION NO. 1118-033 2 3 4 E j A RESOLUTION OF THE CiTY OF BOYNTON BEACH, 5 ' FLORIDA,REPLACING RESOLUTION RI 7-130 AND APPROVING 6 ; A PILOT AGREEMENT FOR AUTOMATED LICENSE PLATE 7 RECOGNI'T'ION SOLUTION SERVICES WITH AMERICAN 8 TRAFFIC SOLUTIONS, INC AND AUTHORIZING THE MAYOR 9 TO SIGN; AND PROVIDING AN EFFECTIVE. 1n 11 , 12 ' WHEREAS, at its December 19, 2017, meeting, the City Commission adopted 13 Resolution R17-130 which authorized the Mayor to sign a Pilot Agreement for Automated 14 License Platte Recognition Solution Services with American Traffic Solutions,Inc.(Itereinalier 15 "ATS");and 16 WHEREAS,the Pilot Agreement requires additional approval since ATS requires that the 17 City enter into an agreement with Cintel, LLC., for the soli ware services for the Automated 18 License Plate Recognition system for which the City is contracting with ATS;and 19 '' 1VFii:RCAS,staff has recommended that the City Commission approve and authorize the i 20 Mayor to sign the attached Agreement. 21 ,; NOW,THEREFORE,RE iT RESOLVED BY THE CiTY COMMISSION OFT"],-, 22 CITY OF BOYNTON DEACII, FLORIDA,THAT: 23 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 24 being true and correct and are hereby made a specific part of this Resolution upon adoption 25 hereof. 26 Section 2. The City Commission of the Citv of Boynton Beach, Florida, hereby 27 I authorizes and directs the Mayor to sign the Pilot Agreement for Automated License Plate i 28 ' Recognition Solution Services with American Traffic Solutions,Inc,a copy of which is attached f 29 hereto and made a part hereof as Exhibit"A". Resolution R17-130 is replaced by this ' (.`.\Users+S;aniinne'llrlppl)atall.+xnl�Micr,+soiltlVindow.:1'fengKnarylnternet Pilexl(bntcnLlliStSZFI'I'IiOt:+reviscd_Agrcrmenl_will i_AT;S_lin_Licensc_Plale_rccoenition Services_ Rc;o doc i Page 99 of 701 �I � f , I 30 RCSOIUtiO1L I f i 33 34 Section 3. This Resolution shall become effective immediately upon passage. ; 35 36 PASSED AND ADOPTED this 20t11 day of February. 201 S. ,l 37 CITY OF BOYNTON BEACH, FLORIDA 38 39 i YES NO 40 i Mayor—Steven B. Grant f 41 i 42 Vice Mayor—Justin Katz 43 44 Commissioner—Mack McCray v 45 f 46 Cominissioner—Christina L. Romelus 47 Ll 48 Commissioner—Joe Case]to j 49 50 1 51 f 11{ VOTE 'S 52 f ATTEST: 53 , 55 l c 45` 56 Juditlr�A. Pyle, CMC f 57 t i City!�derk 58 59 60 _ (Ciiy Seal) jI t I� f I I � t a CaUser.,\Stanzione'N\ppDataJ.ocal\blicrosoft%Windo+vs�remporary Internet I piles\Contourlli5\52FYTEG\rvviscd_ngrcemcnt_with_ATS_ror_Licco;c f?late_recoenition_Senices_-_Resn.doc Ii! �1 Page 100 of 701 30 , - i3� Resolution. 33 34 Section 3. This Resolution shall become effective immediately upon passage. 35 36 PASSED AND ADOPTED this 20th day of February, 2018. 37 CITY OF BOYNTON BEACH, FLORIDA 38 39 YES NO 40 Mayor—Steven B. Grant 41 42 Vice Mayor-Justin Katz 43 44 Commissioner-Mack McCray 45 46 Commissioner—Christina L. Romelus 47 48 Commissioner—Joe Casello 49 50 51 VOTE "o 52 ATTEST: 53 54 55 �i- 56 Judit t . Pyle, CMC 57 Cit lerk 58 59 60 (City Seal) s f � I C:\Users\StanzioneT\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.IE5\52FYTEOE\revised_Agreement_with_ATS_for_License_Plate_recognition_Services_-_Reso.doc Page 101 of 70 6.D. CONSENTAGENDA 3/19/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 3/19/2019 REQUESTED ACTION BY COMMISSION: Approve increase of$2,500 to Blanket Purchase Order 190052 from$24,048.60 to $26,548.60 to Vazza Cleaning Corporation for Janitorial services at the Utilities Buildings. EXPLANATION OF REQUEST: Boynton Beach (Utilities) utilizes Vazza Cleaning Corporation for janitorial services with quality and care necessary to safeguard City Employees and customers for East Water Treatment Plant (E-WTP), West Water Treatment Plant(W-WTP), & the Utility Administration Building. There is a need for additional cleaning of two areas at the E-W TP that was not included in the original contract due to recently completed renovation/construction. This has resulted in additional invoices exceeding the approved $24,048.60 limit. To date, expenditures for these services totaled $24,048.60. Utilities recommends approving the increase to Purchase Order 190052 in the amount of$2,500. This increase will meet the needs for cleanliness as well as appearance at the E-W TP. This increase will cover the expense for the additional labor needed for janitorial services through the end of the fiscal year. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? This approval will increase of Purchase Order 190052 in the amount of$2,500 and will allow for uninterrupted janitorial services for the utility's facilities. FISCAL IMPACT: Budgeted Impacted account: 401-2811-536-49-17- additional funds are available within the 2811 operating budget to accommodate this increase ALTERNATIVES: None a lack of coverage would negatively affect the cleanliness as well as appearance at The East Water Treatment Plant. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Page 102 of 701 Grant Amount: ATTACHMENTS: Type Description D Addendum Vazza Cleaning PO Page 103 of 701 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 3301 Quantum Blvd. Suite 101 P.O. BOX 310 P.O. #: 190052 BOYNTON BEACH, FLORIDA 33425-0310 DATE-. '10/01/18 VENDOR 16495 SHIP TO: TO: VAZZA CLEANING CORP City of Boyriton Beach 9150 BELVEDERE RD. EAST UTILITY ADMIN STE 107 124 E. WOOLBRIGHT ROAD ROYAL PALM BEACH, FL 33411 BOYNTON BEACH, FL 33435 REQUISITION O. ORDERING DEPART MENTg UTIL/He WARD KERR DATE NEEDED MD IVO- COMMISSION APPROVED, EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST CHANGE #: i CHANGE ORDER DATE CHG: 02/05/19 JMITORIAL,- SER-V-jCES. FiOR UTIL ADMIN, EWTP WWTP Ek' ETi7E DA 1:0/ /1 '1/18 EXPIRATION DATE: 10/31/19 140T TO =8,RD: 24648.60 �EMARKS: BTANKET PURCHASE ORDER .1131b #001-2821-7,7/j-KA; 2/'1/-17 - 1/31/19. cbmmissioN.-APPROVED 12/19/1-6 $2 _2004-. 06/MGNTHL.Y TOTAL "I.L AbMIN $1, 1 Q.5.27/ O. R&ST WATER TREXrM8NT PLANT - 531.79/140,. WEST WATER TREATMENT PLANT - 866.99/ft.. 2/ /19: CHANGE ORDER I - EXTEND PO EX PIRATION DATE CONTRACT RENEWED; P,19-003 - CITY MAMbE'R S"I" GNED AN AMENDMENT TO THE CONTRACT 014 RENE1WAL TERM- 2/1/19-1/31./'20 I 24q-'kE_k9.E �i PO $16, 032 .40; COMMISSION .APPRO VED AN ANNUAL EXPENDITURE OF $2-4, 050 ON 1/18j19. RECEIVEr-) FEB 08 2019 CUY OF BOY TON BEAChi UTILME F-7—, PROCUREMENT SERTOTAL:VICES, ACCOUNT NO. PROJECT DEPARTMENT Page 104 of 701 6.E. CONSENTAGENDA 3/19/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 3/19/2019 REQUESTED ACTION BY COMMISSION: Approve revisions to and addition of a project(s) to the Fiscal Year 18-19 approved surtax projects. EXPLANATION OF REQUEST: The City Commission approved a list of projects for FY 18/19 to be paid with Government Surtax funds in September 2018. In accordance with the City's Resolution R16-071, which is an Interlocal agreement with PBC and Palm Beach County Schools pertaining to shared distribution and use of the surtax funds the project list that the Commission adopted can be revised by the governing board. The City of Boynton Beach Capital Improvement Plan is largely funded by taxpayer approved sales tax funds (Surtax). Each community must account for the use of these funds to ensure their use is consistent with law and the intent of the voters. Each quarter the city will be providing a global update on the status of projects funded with Surtax revenues. However, on a much smaller scale it is recognized that some projects were missed during the initial inspection of the City facilities. Therefore, it is necessary to add projects as they occur during the fiscal year. These additions are to ensure consistency of review by the City Commission and the City's Citizen Surtax Oversight Committee. To that end, staff will be providing additional project requests throughout the course of the year. In fact, these adjustments may occur on each future Commission meeting. Attached please find additional projects with preliminary budget dollars. All additional projects will be funded by making budget adjustments with existing Surtax dollar projects. Some approved projects were done with in-house staff so the budgeted amounts are not needed, a project for replacement flooring was delayed due to determination that the floor did not need replacing this fiscal year, a project to replace a door at the warehouse was accomplished by repairing the door in lieu of replacing it, and a project for Public Works Compound-Planning & Design was only able to expend funds for conceptual design in this fiscal year. These outcomes have made $130,000 available in project funds in FY18/19. There is a need for a new project for Rolling Green Site improvements for $130,000. This project will modify the existing structure and area at Rolling Green to relocate Forestry and Grounds to the site. Based the overall savings and the estimated budget for the new project there is no need for a budget amendment rather adjustments to currently approved projects and the addition of one project in the FY 18/19 budget. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Facility maintenance work is critical to keep, restore or improve every part of a Facility/Building to a currently acceptable standard. FISCAL IMPACT: Budgeted The project budget adjustments merely recognize actual costs on a project Page 105 of 701 level. The entire Surtax Capital Budget will always be neutral unless changed through a formal budget amendment process. ALTERNATIVES: None STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Amendment CIPAmendment-Rolling Green Page 106 of 701 6 6 6 6 6 6 6 epi6 06 ori 0 0 Ul) m > Mb 'A 'A < uj qA a) qA E Ln UJ V) 0 0 0 0 0 0 U C3) u 0 0 0 0 0 o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 06 6 06 Lr� 00 w r14 0 m > > 0 o00 L- C) CL 0 00.0% CL ca LL 0 0 U 4- Ln L.- b.0 41 > m a41 W fa v 75 41 Ln 41 L.- 0 0 U� UL X 4-; C: co 412E • Ln ob 0 0 0 C: C3) so O W z in Ln -a Ln U Ln Ln C: C:w Ln M Qj Ln C: 4 o C,6-0 cc W W E w o C: o C: C3) CL 4� • C: u 4 1 C: ) w W °'QJ w 0 W C: u C: to r3 a- Qj 4- 0 0 Qj C: a) Qj CL0 to z 0 C3) >- C3) 0 C3) E U 0 0 0 ;7) Qj C: Ln C C C 0 V) 0 u C3) u u 3 u 3 0 bio Ln 0C: Ln 4� 4� 4� �u U� a- CL V) CL = CL = a z 0 r- 00 rn r- 00 00 00 00 w 00 to (D (D x ui I 6.F. CONSENTAGENDA 3/19/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 3/19/2019 REQUESTED ACTION BY COMMISSION: Approve the one-year extension for RFPs/Bids and/or piggy- backs for the procurement of services and/or commodities as described in the written report for March 19, 2019- "Request for Extensions and/or Piggybacks." EXPLANATION OF REQUEST: As required, the Finance/Procurement Department submits requests for award to the Commission; requests for approval to enter into contracts and agreements as the result of formal solicitations; and to piggy-back governmental contracts. Options to extend or renew are noted in the "Agenda Request Item" presented to Commission as part of the initial approval process. Procurement seeks to provide an accurate and efficient method to keep the Commission informed of pending renewals and the anticipated expenditure by reducing the paperwork of processing each renewal and/or extension individually and summarizing the information in a monthly report(as required). VENDOR(S) DESCRIPTION OF SOLICITATION RENEWAL TERM SOLICITATION NUMBER DANA Safety Emergency Equipment for Piggyback City of Miami 1/25/2019-1/24/2020 Law Enforcement Vehicles Contract No. 516388 Konica Minolta Business Copiers, Printers and Piggyback State of 2/4/2019—8/3/2019 Solutions Scanners Florida Contract No. 600-000-11-1 USP Technologies Wastewater Odor Control City Bid No. 013-2821- 4/1/2019- 3/31/2020 Chemicals& Services 17/J MA American Water Polyphosphate Corrosion Piggyback City of 4/13/2019- 4/12/2020 Chemicals, Inc. Inhibitor Bartow Contract No. W D-2019-04 HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? This renewal report will be used for those solicitations, contracts/agreements and piggy-backs that are renewed/extended with the same terms and conditions and pricing as the initial award. FISCAL IMPACT: Budgeted Funds have been budgeted under line items as noted on the attached report. ALTERNATIVES: Not approve renewals and require new solicitations to be issued. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: Page 108 of 701 CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Attachment Bid Exetension Summary D Attachment Piggyback Renewal Miami ® Dana Safety D Attachment Piggyback Approval® Dana Safety D Attachment Amendement 8 ® Multifunction Products, etc. D Attachment Renewal Interest Form® U P Technologies D Attachment Renewal Interest Form-American Water Page 109 of 701 CITY OF BOYNTON BEACH REQUESTS FOR BID EXTENSIONS AND PIGGY-BACKS March 19, 2019 REQUESTING DEPARTMENT.POLICE DEPARTMENT CONTACT.Captain Matthew Zeller TERM:January 25,2019 to January 24,2020 SOURCE FOR PURCHASE:City of Miami IFB No. 516388 ACCOUNT NUMBER:501-2516-519-64-33 VENDOR(S):DANA SAFETY ANNUAL ESTIMATED EXPENDITURE:$400,000 DESCRIPTION: On November 20, 2018, City Commission approved a piggyback contract with DANA Safety for Emergency Equipment for Law Enforcement Vehicles. On October 23, 2018, the City of Miami exercised a renewal of the contract effective January 25, 2019 thru January 24, 2020. DANA Safety has agreed to extend the prices, terms and conditions of the City of Miami Contract to the City thru 2020. REQUESTING DEPARTMENT.FINANCE/PURCHASING DEPARTMENT CONTACT.Ilyse Triestman TERM:February 4,2019 to August 3,2019 SOURCE FOR PURCHASE:State of FL Contract No. 600-000-11-1 ACCOUNT NUMBER: Various-Citywide VENDOR(S):Konica Minolta Business Solutions ANNUAL ESTIMATED EXPENDITURE:$70,000 DESCRIPTION: In April, 2011, City Commission authorized piggybacking the State of Florida Contract for Multifunction Copiers. The Contract has been continuously renewed by the State and the City since the time of award. The final renewal option was valid thru August 3, 2018. The State is in the process of soliciting and awarding replacement contracts;however, additional time is required. On August 4, 2018, the State executed Amendment 7 to the Contract extending it thru February 3, 2019. On September 611 2018, the City commission approved the extension through February 3, 2019. The State is still in the process of soliciting and awarding a replacement contract.As a result, the State has executed Amendment 8 to the contract extending it thru August 3, 2019. REQUESTING DEPARTMENT. UTILITIES DEPARTMENT CONTACT.Joseph Paterniti TERM:April 1,2019 to March 31,2020 SOURCE FOR PURCHASE:City Bid No.013-2821-171JMA ACCOUNT NUMBER:401-2816-536-52-35 VENDOR(S): USP Technologies ANNUAL ESTIMATED EXPENDITURE:$200,000 DESCRIPTION: On February 21, 2017, City Commission approved a two-year Agreement with USP Technologies for Wastewater Odor Control Chemicals and Services. The Agreement allows for three(3)additional one-year renewal terms under the same prices, terms and conditions. USP Technologies has agreed to renew the Agreement for an additional one-year term. REQUESTING DEPARTMENT. UTILITIES DEPARTMENT CONTACT.Juan Guevarez TERM:April 13,2019 to April 12,2020 SOURCE FOR PURCHASE:City of Bartow Bid No. WD-2019-04 ACCOUNT NUMBER:401-2811-536-52-35 VENDOR(S):American Water Chemicals,Inc. ANNUAL ESTIMATED EXPENDITURE:$40,000 DESCRIPTION: On May 1, 2018, City Commission approved a piggyback contract with American Water Chemicals, Inc.for a Corrosion Inhibitor AWC A-782. On January 7, 2019, the City of Bartow exercised a renewal of the contract effective April 13, 2019 thru April 12, 2020.American Water Chemicals, Inc. has agreed to extend the prices, terms and conditions of the City of Bartow Contract to the City thru 2020. of C 0 N T R A C T A W A R D Tracurewwnt Dayatfnwnt SECOND RENEWAL IFB NO: 516388(21) DESCRIPTION: PURCHASE AND/OR INSTALLATION OF MUNICIPAL VEHICLE EQUIPMENT CITYWIDE TERM OF CONTRACT: TWO(2)YEARS,WITH OTR FOR THREE(3)ADDITIONAL ONE-YEAR PERIODS CONTRACT PERIOD: JANUARY 25,2016 THROUGH JANUARY 24, 2018 FIRST RENEWAL: JANUARY 25, 2018 THROUGH JANUARY 24, 2019 SECOND RENEWAL: JANUARY 25,2019 THROUGH JANUARY 24,2020 COMMODITY CODE: 05557-00 SECTION#1 —VENDOR AWARD Dana Supply, Inc. Signal Technology Enterprises 1620 NW 8211d Ave, 420 West 27e,Street Doral, FL 33126 Hialeah, FL 33010 Contact: Mark Sevigny Contact:Albert Espinosa Phone: (800)854-5536 Phone: (305)986-1373 Email:mseviqnyCcD I dss com Email:fireal@me.com Strobes-R-Us, Inc. 2681 Hammondville Road Pompano Beach, FL 33064 Contact:Tom Hanina Phone: (954)946-9955 Fax: (954)946-9677 Email, sales@srus.ca,m SECTION#2—AWARD/BACKGROUND INFORMATIONIAPPLICABLE ORDINANCESINOTES CC AWARD DATE: JANUARY 14, 2016 AMENDED AMOUNT: N/A RESOLUTION NO: 16-0009 - INSURANCE REQUIREMENTS: YES TOTAL CONTRACT AMOUNT: N/A PERFORMANCE BOND: N/A APPLICABLE ORDINANCES: N/A Notes: SECOND RENEWAL: JANUARY 25,2019 THROUGH JANUARY 24,2020 ISECTION#3-REQUESTING DEPARTMENT CITY OF MIAMI, DEPARTMENT OF GSA Contract Administrator:John Babos Phone: (305)329-4874 ISECTION#4-PROCURING AGENCY CITY OF MIAMI, DEPARTMENT OF PROCUREMENT Buyer: Eduardo Falcon Phone:(305)416-1901 Prepared By: Aimee Gandarilla, 10/23/18 A CONTRACT AWARD SHEET INSTRUCTIONAL GUIDE TO ASSIST YOU WITH THE INFORMATION CONTAINED HEREIN IS AVAILABLE IN THE(SUPPLIER INFORMATION SECTION OF OUR WEBPAGE AT: WWW.MIAMIGOV.COMIPROCUREMENT Page 112 of 701 goo Jan 25 , 2019 City of Boynton Beach Publics Works/ Solid Waste 222 N.E. 9th Ave. Boynton Beach, FL 33435 RE: Bid#516388 "IFB for Purchase and/or Installation of Municipal Vehicle Equipment-Citywide" To Whom This May Concern: Dana Safety Supply (DSS) will allow the use of piggybacking the pricing that was submitted under this contract for Agencies/Departments to use. Should you have any questions, please feel free to contact me at any time. My Contact number is 954-520-3874 or 954-257-6495. Thank you Jose Ferrando South Florida Territory Manager Dana Safety Supply Pompano Beach Location 4100 N. Powerline Rd,Suite#W4 Pompano Beach FL,33073 954-257-6495 (C) Page 113 of 701 FLORIDA DEPARTMENT OF MANAGEMENT SERVICES -%urchasing 1J\' ri tate We serve those who serve Florida AMENDMENT NO.: 8 Contract Extension Contract No.: 600-000-11-1 Contract Name: Multifunction Products, Printers, Facsimile Equipment, Scanners, Related Software, Supplies, and Services This Amendment ("Amendment'), effective as of February 4, 2019, or the last date signed by both parties, to the Multifunction Products, Printers, Facsimile Equipment, Scanners, Related Software, Supplies and Services Contract No. 600-000-11-1 ("Contract"), between the State of Florida, Department of Management Services ("Department") and Canon U.S.A., Inc. ("Contractor") are collectively referred to herein as the "Parties." All capitalized terms used herein shall have the meaning assigned to them in the Contract unless otherwise defined herein. WHEREAS the Department awarded the above referenced Contract to Canon U.S.A., Inc. for the provisions of Multifunction Products, Printers, Facsimile Equipment, Scanners, Related Software, Supplies, and Services; and WHEREAS the Parties agreed that the Contract may be amended by mutual agreement as provided in section 4.42 "Modification of Terms" of the Contract; and WHEREAS, in accordance with Section 287.057(12), Florida Statutes, upon mutual agreement, the Department and the Contractor wish to extend the Contract for a period that may not exceed six (6) months. THEREFORE, in consideration of the mutual promises contained below, and other good and valuable consideration, receipt, and sufficiency of which are hereby acknowledged, the Parties agree to the following: 1. Contract Extension. The Contract shall be extended for an additional six (6) months, effective February 4, 2019, through August 3, 2019, unless cancelled or terminated as provided in the terms of the Contract. 11. Conflict. To the extent any of the terms of this Amendment conflict with the terms of the Contract, the terms of this Amendment shall control. 111. Warrant of Authority. Each person signing this Amendment warrants that he or she is duly authorized to do so and to bind the respective party. Multifunction Products, Printers, Facsimile Equipment, Scanners, Related Software, Supplies, and Services Page 1 of 2 State Term Contract No.: 600-000-11-1 Page 114 of 701 FLORIDA DEPARTMENT OF MANAGEMENT SERVICES -%urchasing 1J\' ri tate We serve those who serve Florida AMENDMENT NO.: 8 Contract Extension Contract No.: 600-000-11-1 Contract Name: Multifunction Products, Printers, Facsimile Equipment, Scanners, Related Software, Supplies, and Services IV. Effect. This Amendment is here by made a part of the Contract. Unless otherwise modified by this Amendment, all terms and conditions contained in the Contract shall continue in full force and effect. This Amendment sets forth the entire understanding between the parties with regard to this subject matter hereof. IN WITNESS WHEREOF, the Parties have executed this Amendment by their duly authorized representatives. State of Florida: Contractor: Department of Management Services: Canon U.S.A., Inc. By: By: Name: Name: Title: Title: Date: Date: Multifunction Products, Printers, Facsimile Equipment, Scanners, Related Software, Supplies, and Services Page 2 of 2 State Term Contract No.: 600-000-11-1 Page 115 of 701 FWRIDA DEPAUMEWF MANAGEMOff SMACES state purchasing■ iWe serve a who serva Florida ,��} AMENDMENT NO.: 8 Contract Extension Contract .. 1-1 Contract Name: Multifunction ri Facsimile i , RelatedliServices IV. EffecL This is here by made a part of the Contract. Unlessmodified by this II terms and conditions contained in the Contract shall continue in full force effect.and This Amendment sets forth the entireunderstanding between the partiwith regard to this subject matter hereof. IN WITNESS WHEREOF, the Parties i it duty authorized Florida:State of . Department of Management Services: Canon U.S.A., I . : Name, Name:4' i 02 91,114"Title: ' I iPreside Date: rr Multifunction Products, Printers, Facsimile Equi t, Scanners, RelatedSupplies, and Services Page 2 of 2 State Term Contract o.: 600-000-11-1 Page 116 of 701 FLORIDA DEPARTMENT OF MANAGEMENT SERVICES -%urchasing 1J\' ri tate We serve those who serve Florida AMENDMENT NO.: 8 Contract Extension Contract No.: 600-000-11-1 Contract Name: Multifunction Products, Printers, Facsimile Equipment, Scanners, Related Software, Supplies, and Services This Amendment ("Amendment'), effective as of February 4, 2019, or the last date signed by both parties, to the Multifunction Products, Printers, Facsimile Equipment, Scanners, Related Software, Supplies and Services Contract No. 600-000-11-1 ("Contract"), between the State of Florida, Department of Management Services ("Department") and Konica Minolta Business Solutions USA, Inc. ("Contractor') are collectively referred to herein as the "Parties." All capitalized terms used herein shall have the meaning assigned to them in the Contract unless otherwise defined herein. WHEREAS the Department awarded the above referenced Contract to Konica Minolta Business Solutions USA, Inc. for the provisions of Multifunction Products, Printers, Facsimile Equipment, Scanners, Related Software, Supplies, and Services; and WHEREAS the Parties agreed that the Contract may be amended by mutual agreement as provided in section 4.42 "Modification of Terms" of the Contract; and WHEREAS, in accordance with Section 287.057(12), Florida Statutes, upon mutual agreement, the Department and the Contractor wish to extend the Contract for a period that may not exceed six (6) months. THEREFORE, in consideration of the mutual promises contained below, and other good and valuable consideration, receipt, and sufficiency of which are hereby acknowledged, the Parties agree to the following: 1. Contract Extension. The Contract shall be extended for an additional six (6) months, effective February 4, 2019, through August 3, 2019, unless cancelled or terminated as provided in the terms of the Contract. 11. Conflict. To the extent any of the terms of this Amendment conflict with the terms of the Contract, the terms of this Amendment shall control. 111. Warrant of Authority. Each person signing this Amendment warrants that he or she is duly authorized to do so and to bind the respective party. Multifunction Products, Printers, Facsimile Equipment, Scanners, Related Software, Supplies, and Services Page 1 of 2 State Term Contract No.: 600-000-11-1 Page 117 of 701 FLORIDA DEPARTMENT OF MANAGEMENT SERVICES -%urchasing 1J\' ri tate We serve those who serve Florida AMENDMENT NO.: 8 Contract Extension Contract No.: 600-000-11-1 Contract Name: Multifunction Products, Printers, Facsimile Equipment, Scanners, Related Software, Supplies, and Services IV. Effect. This Amendment is here by made a part of the Contract. Unless otherwise modified by this Amendment, all terms and conditions contained in the Contract shall continue in full force and effect. This Amendment sets forth the entire understanding between the parties with regard to this subject matter hereof. IN WITNESS WHEREOF, the Parties have executed this Amendment by their duly authorized representatives. State of Florida: Contractor: Department of Management Services: Konica Minolta Business Solutions USA, Inc. By: By: Name: Name: Title: Title: Date: Date: Multifunction Products, Printers, Facsimile Equipment, Scanners, Related Software, Supplies, and Services Page 2 of 2 State Term Contract No.: 600-000-11-1 Page 118 of 701 FL RIDANEPAT E T OF MANAGEMEW SERVICES state purchasing k�, e D app^ flan AMENDMENT NO.- 8 Contract Extension Contract .. 11- Contract Name: Multifunction r , Printers, Facsimile Equipment, Scanners, Related. Software, Supplies, and Services and effect. This nt sets forth the entire understandingn the partiesit regard to this subject r hereof. IN WITNESS WHEREOF, the Parties have executedthis Amendment by their duly authorized representatives, State of Florida.: . Services:Department of Management iMinolta Business Solutions : . USA, Inc. y- -�- B y: Name: Anf Name: Kristen McKenna Title: r i t : i or oysammignt t Date: - t:cE 2/1/2019 Multifunction Products, Printers, FacsimileEquipment, Scanners, Related.Software, Supplies, and Services State r -11-1 Page 119 of 701 FLORIDA DEPARTMENT OF MANAGEMENT SERVICES -%urchasing 1J\' ri tate We serve those who serve Florida AMENDMENT NO.: 8 Contract Extension Contract No.: 600-000-11-1 Contract Name: Multifunction Products, Printers, Facsimile Equipment, Scanners, Related Software, Supplies, and Services This Amendment ("Amendment'), effective as of February 4, 2019, or the last date signed by both parties, to the Multifunction Products, Printers, Facsimile Equipment, Scanners, Related Software, Supplies and Services Contract No. 600-000-11-1 ("Contract"), between the State of Florida, Department of Management Services ("Department") and Kyocera Document Solutions America, Inc. ("Contractor") are collectively referred to herein as the "Parties." All capitalized terms used herein shall have the meaning assigned to them in the Contract unless otherwise defined herein. WHEREAS the Department awarded the above referenced Contract to Kyocera Document Solutions America, Inc. for the provisions of Multifunction Products, Printers, Facsimile Equipment, Scanners, Related Software, Supplies, and Services; and WHEREAS the Parties agreed that the Contract may be amended by mutual agreement as provided in section 4.42 "Modification of Terms" of the Contract; and WHEREAS, in accordance with Section 287.057(12), Florida Statutes, upon mutual agreement, the Department and the Contractor wish to extend the Contract for a period that may not exceed six (6) months. THEREFORE, in consideration of the mutual promises contained below, and other good and valuable consideration, receipt, and sufficiency of which are hereby acknowledged, the Parties agree to the following: 1. Contract Extension. The Contract shall be extended for an additional six (6) months, effective February 4, 2019, through August 3, 2019, unless cancelled or terminated as provided in the terms of the Contract. 11. Conflict. To the extent any of the terms of this Amendment conflict with the terms of the Contract, the terms of this Amendment shall control. 111. Warrant of Authority. Each person signing this Amendment warrants that he or she is duly authorized to do so and to bind the respective party. Multifunction Products, Printers, Facsimile Equipment, Scanners, Related Software, Supplies, and Services Page 1 of 2 State Term Contract No.: 600-000-11-1 Page 120 of 701 FLORIDA DEPARTMENT OF MANAGEMENT SERVICES -%urchasing 1J\' ri tate We serve those who serve Florida AMENDMENT NO.: 8 Contract Extension Contract No.: 600-000-11-1 Contract Name: Multifunction Products, Printers, Facsimile Equipment, Scanners, Related Software, Supplies, and Services IV. Effect. This Amendment is here by made a part of the Contract. Unless otherwise modified by this Amendment, all terms and conditions contained in the Contract shall continue in full force and effect. This Amendment sets forth the entire understanding between the parties with regard to this subject matter hereof. IN WITNESS WHEREOF, the Parties have executed this Amendment by their duly authorized representatives. State of Florida: Contractor: Department of Management Services: Kyocera Document Solutions America, Inc. By: By: Name: Name: Title: Title: Date: Date: Multifunction Products, Printers, Facsimile Equipment, Scanners, Related Software, Supplies, and Services Page 2 of 2 State Term Contract No.: 600-000-11-1 Page 121 of 701 FLORIDA DEPARTMENT OF MANAGEMENT SERVICES . . . .-,, state PUrchasing We serve those who serve Raddit AMENDMENT NO.: Contract Extension Contract No.: 600-000-11-1 Contract Name: Multifunction Products, Printers, Facsimile Equipment, Scanners, Related Software, Supplies, and Services IV. Effect.This Amendment is here by made a part of the Contract. Unless otherwise modified by this Amendment, all terms and conditions contained in the Contract shall continue in full force and effect. This Amendment sets forth the entire understanding between the parties with regard to this subject matter hereof. IN WITNESS WHEREOF, the Parties have executed this Amendment by their duly authorized representatives. State of Florida: nrac r: Department of ManagementServices: America, )qu- By. :, y; Name. r Moris Title: Il : VP- Ente se and Strategic Date: : Multifunction Products, Printers, Facsimile Equipment, Scanners, Related Software, Supplies, and Services State Term Contract No.: 600-000-11-1 Page 2 o f 2 Page 122 of 701 FLORIDA DEPARTMENT OF MANAGEMENT SERVICES -%urchasing 1J\' ri tate We serve those who serve Florida AMENDMENT NO.: 8 Contract Extension Contract No.: 600-000-11-1 Contract Name: Multifunction Products, Printers, Facsimile Equipment, Scanners, Related Software, Supplies, and Services This Amendment ("Amendment'), effective as of February 4, 2019, or the last date signed by both parties, to the Multifunction Products, Printers, Facsimile Equipment, Scanners, Related Software, Supplies and Services Contract No. 600-000-11-1 ("Contract"), between the State of Florida, Department of Management Services ("Department") and Lexmark International, Inc. ("Contractor") are collectively referred to herein as the "Parties." All capitalized terms used herein shall have the meaning assigned to them in the Contract unless otherwise defined herein. WHEREAS the Department awarded the above referenced Contract to and Lexmark International, Inc. for the provisions of Multifunction Products, Printers, Facsimile Equipment, Scanners, Related Software, Supplies, and Services; and WHEREAS the Parties agreed that the Contract may be amended by mutual agreement as provided in section 4.42 "Modification of Terms" of the Contract; and WHEREAS, in accordance with Section 287.057(12), Florida Statutes, upon mutual agreement, the Department and the Contractor wish to extend the Contract for a period that may not exceed six (6) months. THEREFORE, in consideration of the mutual promises contained below, and other good and valuable consideration, receipt, and sufficiency of which are hereby acknowledged, the Parties agree to the following: 1. Contract Extension. The Contract shall be extended for an additional six (6) months, effective February 4, 2019, through August 3, 2019, unless cancelled or terminated as provided in the terms of the Contract. 11. Conflict. To the extent any of the terms of this Amendment conflict with the terms of the Contract, the terms of this Amendment shall control. 111. Warrant of Authority. Each person signing this Amendment warrants that he or she is duly authorized to do so and to bind the respective party. Multifunction Products, Printers, Facsimile Equipment, Scanners, Related Software, Supplies, and Services Page 1 of 2 State Term Contract No.: 600-000-11-1 Page 123 of 701 FLORIDA DEPARTMENT OF MANAGEMENT SERVICES -%urchasing 1J\' ri tate We serve those who serve Florida AMENDMENT NO.: 8 Contract Extension Contract No.: 600-000-11-1 Contract Name: Multifunction Products, Printers, Facsimile Equipment, Scanners, Related Software, Supplies, and Services IV. Effect. This Amendment is here by made a part of the Contract. Unless otherwise modified by this Amendment, all terms and conditions contained in the Contract shall continue in full force and effect. This Amendment sets forth the entire understanding between the parties with regard to this subject matter hereof. IN WITNESS WHEREOF, the Parties have executed this Amendment by their duly authorized representatives. State of Florida: Contractor: Department of Management Services: Lexmark International, Inc. By: By: Name: Name: Title: Title: Date: Date: Multifunction Products, Printers, Facsimile Equipment, Scanners, Related Software, Supplies, and Services Page 2 of 2 State Term Contract No.: 600-000-11-1 Page 124 of 701 FLOMDA DEPARTMENT OF MANAMMENT SERVICES ing state purchas' ser "thwe wim r F8 AMENDMENT NO.: 8 Contract Extension Contract No.: 600-000-11-1 Contract Name: Multifunction Products, Printers, Facsimile Equipment, Scanners, Related Software, Supplies, and Services IV. Effect.This Amendment is here by made a part of the Contract. Unless otherwise modified by this Amendment, all terms and conditions contained in the Contract shall continue in full force and effect. This Amendment sets forth the entire understanding between the parties with regard to this subject matter hereof. WITNESSIN , the Parties have executed this Amendment by their duly authorized representatives. State I ri : Department of Management Services: International, Inc. By: Name: r ` Name: GeoffParker Title: Title: Contracts Manager Date: r fr./ C ,jr- Date: Feb. , 1 Multifunction Products, Printers, Facsimile Equipment, Scanners, Related Software. Supplies, and Services Page 2 f State Term Contract No.: 600-000-11-1 Page 125 of 701 FLORIDA DEPARTMENT OF MANAGEMENT SERVICES -%urchasing 1J\' ri tate We serve those who serve Florida AMENDMENT NO.: 8 Contract Extension Contract No.: 600-000-11-1 Contract Name: Multifunction Products, Printers, Facsimile Equipment, Scanners, Related Software, Supplies, and Services This Amendment ("Amendment'), effective as of February 4, 2019, or the last date signed by both parties, to the Multifunction Products, Printers, Facsimile Equipment, Scanners, Related Software, Supplies and Services Contract No. 600-000-11-1 ("Contract"), between the State of Florida, Department of Management Services ("Department") and PCMG, Inc. ("Contractor") are collectively referred to herein as the "Parties." All capitalized terms used herein shall have the meaning assigned to them in the Contract unless otherwise defined herein. WHEREAS the Department awarded the above referenced Contract to PCMG, Inc. for the provisions of Multifunction Products, Printers, Facsimile Equipment, Scanners, Related Software, Supplies, and Services; and WHEREAS the Parties agreed that the Contract may be amended by mutual agreement as provided in section 4.42 "Modification of Terms" of the Contract; and WHEREAS, in accordance with Section 287.057(12), Florida Statutes, upon mutual agreement, the Department and the Contractor wish to extend the Contract for a period that may not exceed six (6) months. THEREFORE, in consideration of the mutual promises contained below, and other good and valuable consideration, receipt, and sufficiency of which are hereby acknowledged, the Parties agree to the following: 1. Contract Extension. The Contract shall be extended for an additional six (6) months, effective February 4, 2019, through August 3, 2019, unless cancelled or terminated as provided in the terms of the Contract. 11. Conflict. To the extent any of the terms of this Amendment conflict with the terms of the Contract, the terms of this Amendment shall control. 111. Warrant of Authority. Each person signing this Amendment warrants that he or she is duly authorized to do so and to bind the respective party. Multifunction Products, Printers, Facsimile Equipment, Scanners, Related Software, Supplies, and Services Page 1 of 2 State Term Contract No.: 600-000-11-1 Page 126 of 701 FLORIDA DEPARTMENT OF MANAGEMENT SERVICES -%urchasing 1J\' ri tate We serve those who serve Florida AMENDMENT NO.: 8 Contract Extension Contract No.: 600-000-11-1 Contract Name: Multifunction Products, Printers, Facsimile Equipment, Scanners, Related Software, Supplies, and Services IV. Effect. This Amendment is here by made a part of the Contract. Unless otherwise modified by this Amendment, all terms and conditions contained in the Contract shall continue in full force and effect. This Amendment sets forth the entire understanding between the parties with regard to this subject matter hereof. IN WITNESS WHEREOF, the Parties have executed this Amendment by their duly authorized representatives. State of Florida: Contractor: Department of Management Services: PCMG, Inc. By: By: Name: Name: Title: Title: Date: Date: Multifunction Products, Printers, Facsimile Equipment, Scanners, Related Software, Supplies, and Services Page 2 of 2 State Term Contract No.: 600-000-11-1 Page 127 of 701 r FLORIDA DEPARTMENT OF MANAGEMENT5 I %-h state urc asing We serve diose will serve FB rrdx AMENDMENT NO.: 8 Contract Extension Contract o.: 00-000-11-1 Contra amMultifunction Products, Printers, Facsimile Equipment, Scanners, Related Software, Supplies, and Services IV. Effect. This Amendment is here by made a part of the Contract. Unless otherwise modified by this Amendment, all terms and conditions containedin the Contract shall continue in full force and effect. This Amendment sets forth the entre understanding between the parties with regard to this subject matter hereof. WHEREOF,IN WITNESS the Parties have executed this Amendment by their duly authorized representatives. State of 1 : Department of Management Services. PCMG, . By. Name: 'aric rEnnis-_ Title: Title�Y:111 enior Vice President te: W Date: February 1, 1 Multifunction Products, Printers, Facsimile Equipment, Scanners, Related Software, Supplies, and Services Page 2 of 2 State Term Contract No.: 600-000-11-1 Page 128 of 701 FLORIDA DEPARTMENT OF MANAGEMENT SERVICES -%urchasing 1J\' ri tate We serve those who serve Florida AMENDMENT NO.: 8 Contract Extension Contract No.: 600-000-11-1 Contract Name: Multifunction Products, Printers, Facsimile Equipment, Scanners, Related Software, Supplies, and Services This Amendment ("Amendment'), effective as of February 4, 2019, or the last date signed by both parties, to the Multifunction Products, Printers, Facsimile Equipment, Scanners, Related Software, Supplies and Services Contract No. 600-000-11-1 ("Contract"), between the State of Florida, Department of Management Services ("Department") and Qualpath, Inc. ("Contractor') are collectively referred to herein as the "Parties." All capitalized terms used herein shall have the meaning assigned to them in the Contract unless otherwise defined herein. WHEREAS the Department awarded the above referenced Contract to Qualpath, Inc for the provisions of Multifunction Products, Printers, Facsimile Equipment, Scanners, Related Software, Supplies, and Services; and WHEREAS the Parties agreed that the Contract may be amended by mutual agreement as provided in section 4.42 "Modification of Terms" of the Contract; and WHEREAS, in accordance with Section 287.057(12), Florida Statutes, upon mutual agreement, the Department and the Contractor wish to extend the Contract for a period that may not exceed six (6) months. THEREFORE, in consideration of the mutual promises contained below, and other good and valuable consideration, receipt, and sufficiency of which are hereby acknowledged, the Parties agree to the following: 1. Contract Extension. The Contract shall be extended for an additional six (6) months, effective February 4, 2019, through August 3, 2019, unless cancelled or terminated as provided in the terms of the Contract. 11. Conflict. To the extent any of the terms of this Amendment conflict with the terms of the Contract, the terms of this Amendment shall control. 111. Warrant of Authority. Each person signing this Amendment warrants that he or she is duly authorized to do so and to bind the respective party. Multifunction Products, Printers, Facsimile Equipment, Scanners, Related Software, Supplies, and Services Page 1 of 2 State Term Contract No.: 600-000-11-1 Page 129 of 701 FLORIDA DEPARTMENT OF MANAGEMENT SERVICES -%urchasing 1J\' ri tate We serve those who serve Florida AMENDMENT NO.: 8 Contract Extension Contract No.: 600-000-11-1 Contract Name: Multifunction Products, Printers, Facsimile Equipment, Scanners, Related Software, Supplies, and Services IV. Effect. This Amendment is here by made a part of the Contract. Unless otherwise modified by this Amendment, all terms and conditions contained in the Contract shall continue in full force and effect. This Amendment sets forth the entire understanding between the parties with regard to this subject matter hereof. IN WITNESS WHEREOF, the Parties have executed this Amendment by their duly authorized representatives. State of Florida: Contractor: Department of Management Services: Qualpath, Inc. By: By: Name: Name: Title: Title: Date: Date: Multifunction Products, Printers, Facsimile Equipment, Scanners, Related Software, Supplies, and Services Page 2 of 2 State Term Contract No.: 600-000-11-1 Page 130 of 701 OFDERMMEWOFMANACRAWSERVIM state purchasing AMENDMENT Contract Extension Contract C o.: 600-000-11-1 Contract Name. Multifunction Products, Printers, Facsimile Equipme , Scanners, Related Software, Supplies, and Services and effect. This Amendment sets forth the entire understanding n the parties with regard to this subject matter hereof. WHEREOF,IN WITNESS the Partiesv i it duly authorized representatives. Florida:State of . Department of Management Services: Inc. By: . Name: e: Title: Title: ftkA21w2! Date: ApLra ✓ 1, nDate: Multifunction u , Printers, Facsimile Equipment, Scanners, el Software, Supplies, and Services State Term Con o.: 00-000-11-1 Page 131 of 701 FLORIDA DEPARTMENT OF MANAGEMENT SERVICES -%urchasing 1J\' ri tate We serve those who serve Florida AMENDMENT NO.: 8 Contract Extension Contract No.: 600-000-11-1 Contract Name: Multifunction Products, Printers, Facsimile Equipment, Scanners, Related Software, Supplies, and Services This Amendment ("Amendment'), effective as of February 4, 2019, or the last date signed by both parties, to the Multifunction Products, Printers, Facsimile Equipment, Scanners, Related Software, Supplies and Services Contract No. 600-000-11-1 ("Contract"), between the State of Florida, Department of Management Services ("Department") and Sharp Electronics Corporation ("Contractor') are collectively referred to herein as the "Parties." All capitalized terms used herein shall have the meaning assigned to them in the Contract unless otherwise defined herein. WHEREAS the Department awarded the above referenced Contract to Sharp Electronics Corporation for the provisions of Multifunction Products, Printers, Facsimile Equipment, Scanners, Related Software, Supplies, and Services; and WHEREAS the Parties agreed that the Contract may be amended by mutual agreement as provided in section 4.42 "Modification of Terms" of the Contract; and WHEREAS, in accordance with Section 287.057(12), Florida Statutes, upon mutual agreement, the Department and the Contractor wish to extend the Contract for a period that may not exceed six (6) months. THEREFORE, in consideration of the mutual promises contained below, and other good and valuable consideration, receipt, and sufficiency of which are hereby acknowledged, the Parties agree to the following: 1. Contract Extension. The Contract shall be extended for an additional six (6) months, effective February 4, 2019, through August 3, 2019, unless cancelled or terminated as provided in the terms of the Contract. 11. Conflict. To the extent any of the terms of this Amendment conflict with the terms of the Contract, the terms of this Amendment shall control. 111. Warrant of Authority. Each person signing this Amendment warrants that he or she is duly authorized to do so and to bind the respective party. Multifunction Products, Printers, Facsimile Equipment, Scanners, Related Software, Supplies, and Services Page 1 of 2 State Term Contract No.: 600-000-11-1 Page 132 of 701 FLORIDA DEPARTMENT OF MANAGEMENT SERVICES -%urchasing 1J\' ri tate We serve those who serve Florida AMENDMENT NO.: 8 Contract Extension Contract No.: 600-000-11-1 Contract Name: Multifunction Products, Printers, Facsimile Equipment, Scanners, Related Software, Supplies, and Services IV. Effect. This Amendment is here by made a part of the Contract. Unless otherwise modified by this Amendment, all terms and conditions contained in the Contract shall continue in full force and effect. This Amendment sets forth the entire understanding between the parties with regard to this subject matter hereof. IN WITNESS WHEREOF, the Parties have executed this Amendment by their duly authorized representatives. State of Florida: Contractor: Department of Management Services: Sharp Electronics Corporation By: By: Name: Name: Title: Title: Date: Date: Multifunction Products, Printers, Facsimile Equipment, Scanners, Related Software, Supplies, and Services Page 2 of 2 State Term Contract No.: 600-000-11-1 Page 133 of 701 „ . FLORIDA DEPARTMENT OF MANAGEMENT SERVICES e tate purchasing We serve those who serve Florida AMENDMENT NO.: 8 Contract Extension Contract No.: 600-000-11-1 Contract Name: Multifunction Products, Printers, Facsimile Equipment, Scanners, Related Software, Supplies, and Services IV. Effect.This Amendment is here by made a part of the Contract. Unless otherwise modified by this Amendment, all terms and conditions contained in the Contract shall continue in full force and effect. This Amendment sets forth the entire understanding between the parties with regard to this subject matter hereof. IN WITNESS WHEREOF, the Parties have executed this Amendment by their duly authorized representatives. State of Florida: r r: Services:Department of Management Sharp Electronics Corporation By: Name: Name: , IAC Marusic Title: Title: President& CEO of SlICA t : c_ ate: , Multifunction Products., Printers, Facsimile Equipment, Scanners, Related Software, Supplies, and Services Page 2 of 2 State Term Contract No.: 600-000-11-1 Page 134 of 701 FLORIDA DEPARTMENT OF MANAGEMENT SERVICES -%urchasing 1J\' ri tate We serve those who serve Florida AMENDMENT NO.: 8 Contract Extension Contract No.: 600-000-11-1 Contract Name: Multifunction Products, Printers, Facsimile Equipment, Scanners, Related Software, Supplies, and Services This Amendment ("Amendment'), effective as of February 4, 2019, or the last date signed by both parties, to the Multifunction Products, Printers, Facsimile Equipment, Scanners, Related Software, Supplies and Services Contract No. 600-000-11-1 ("Contract"), between the State of Florida, Department of Management Services ("Department") and Toshiba America Business Solutions, Inc. ("Contractor') are collectively referred to herein as the "Parties." All capitalized terms used herein shall have the meaning assigned to them in the Contract unless otherwise defined herein. WHEREAS the Department awarded the above referenced Contract to Toshiba America Business Solutions, Inc. for the provisions of Multifunction Products, Printers, Facsimile Equipment, Scanners, Related Software, Supplies, and Services; and WHEREAS the Parties agreed that the Contract may be amended by mutual agreement as provided in section 4.42 "Modification of Terms" of the Contract; and WHEREAS, in accordance with Section 287.057(12), Florida Statutes, upon mutual agreement, the Department and the Contractor wish to extend the Contract for a period that may not exceed six (6) months. THEREFORE, in consideration of the mutual promises contained below, and other good and valuable consideration, receipt, and sufficiency of which are hereby acknowledged, the Parties agree to the following: 1. Contract Extension. The Contract shall be extended for an additional six (6) months, effective February 4, 2019, through August 3, 2019, unless cancelled or terminated as provided in the terms of the Contract. 11. Conflict. To the extent any of the terms of this Amendment conflict with the terms of the Contract, the terms of this Amendment shall control. 111. Warrant of Authority. Each person signing this Amendment warrants that he or she is duly authorized to do so and to bind the respective party. Multifunction Products, Printers, Facsimile Equipment, Scanners, Related Software, Supplies, and Services Page 1 of 2 State Term Contract No.: 600-000-11-1 Page 135 of 701 FLORIDA DEPARTMENT OF MANAGEMENT SERVICES -%urchasing 1J\' ri tate We serve those who serve Florida AMENDMENT NO.: 8 Contract Extension Contract No.: 600-000-11-1 Contract Name: Multifunction Products, Printers, Facsimile Equipment, Scanners, Related Software, Supplies, and Services IV. Effect. This Amendment is here by made a part of the Contract. Unless otherwise modified by this Amendment, all terms and conditions contained in the Contract shall continue in full force and effect. This Amendment sets forth the entire understanding between the parties with regard to this subject matter hereof. IN WITNESS WHEREOF, the Parties have executed this Amendment by their duly authorized representatives. State of Florida: Contractor: Department of Management Services: Toshiba America Business Solutions, Inc. By: By: Name: Name: Title: Title: Date: Date: Multifunction Products, Printers, Facsimile Equipment, Scanners, Related Software, Supplies, and Services Page 2 of 2 State Term Contract No.: 600-000-11-1 Page 136 of 701 FIDA DEPARMENT OF MANAGEMEW SERVICES state purchasing ( �t� We sern those who serve Florida AMENDMENT .. 8 Contract Extension Contract o.: 600-000-11-1 Contract Name: Multifunction Products, Printers, Facsimile Equipment, Scanners, Related Software, Supplies, and Services IV. Effect. This Amendment is here by made a part of the Contract. Unless otherwise modified by this Amendment, all terms and conditions contained in the Contract shall continue in full force and effect. This Amendment sets forth the entire understanding between the parties with regard to this subject matter hereof. IN WITNESSParties have executed this Amendment by their duly authorized representatives. Florida.State of : Department of Management Services: i iBusiness Solutions, Inc. . Name: Name: S Maccabe Title: Title. President and Date: falae: Multifunction Products, Printers, Facsimile Equipment, Scanners, Related Software, Supplies, and Services Page 2 of 2 State Term Contract No.: 600-000-11-1 Page 137 of 701 FLORIDA DEPARTMENT OF MANAGEMENT SERVICES -%urchasing 1J\' ri tate We serve those who serve Florida AMENDMENT NO.: 8 Contract Extension Contract No.: 600-000-11-1 Contract Name: Multifunction Products, Printers, Facsimile Equipment, Scanners, Related Software, Supplies, and Services This Amendment ("Amendment'), effective as of February 4, 2019, or the last date signed by both parties, to the Multifunction Products, Printers, Facsimile Equipment, Scanners, Related Software, Supplies and Services Contract No. 600-000-11-1 ("Contract"), between the State of Florida, Department of Management Services ("Department") and United Solutions Company ("Contractor") are collectively referred to herein as the "Parties." All capitalized terms used herein shall have the meaning assigned to them in the Contract unless otherwise defined herein. WHEREAS the Department awarded the above referenced Contract to United Solutions Company for the provisions of Multifunction Products, Printers, Facsimile Equipment, Scanners, Related Software, Supplies, and Services; and WHEREAS the Parties agreed that the Contract may be amended by mutual agreement as provided in section 4.42 "Modification of Terms" of the Contract; and WHEREAS, in accordance with Section 287.057(12), Florida Statutes, upon mutual agreement, the Department and the Contractor wish to extend the Contract for a period that may not exceed six (6) months. THEREFORE, in consideration of the mutual promises contained below, and other good and valuable consideration, receipt, and sufficiency of which are hereby acknowledged, the Parties agree to the following: 1. Contract Extension. The Contract shall be extended for an additional six (6) months, effective February 4, 2019, through August 3, 2019, unless cancelled or terminated as provided in the terms of the Contract. 11. Conflict. To the extent any of the terms of this Amendment conflict with the terms of the Contract, the terms of this Amendment shall control. 111. Warrant of Authority. Each person signing this Amendment warrants that he or she is duly authorized to do so and to bind the respective party. Multifunction Products, Printers, Facsimile Equipment, Scanners, Related Software, Supplies, and Services Page 1 of 2 State Term Contract No.: 600-000-11-1 Page 138 of 701 FLORIDA DEPARTMENT OF MANAGEMENT SERVICES -%urchasing 1J\' ri tate We serve those who serve Florida AMENDMENT NO.: 8 Contract Extension Contract No.: 600-000-11-1 Contract Name: Multifunction Products, Printers, Facsimile Equipment, Scanners, Related Software, Supplies, and Services IV. Effect. This Amendment is here by made a part of the Contract. Unless otherwise modified by this Amendment, all terms and conditions contained in the Contract shall continue in full force and effect. This Amendment sets forth the entire understanding between the parties with regard to this subject matter hereof. IN WITNESS WHEREOF, the Parties have executed this Amendment by their duly authorized representatives. State of Florida: Contractor: Department of Management Services: United Solutions Company By: By: Name: Name: Title: Title: Date: Date: Multifunction Products, Printers, Facsimile Equipment, Scanners, Related Software, Supplies, and Services Page 2 of 2 State Term Contract No.: 600-000-11-1 Page 139 of 701 FLORIDA DEPARTMENT OF MANAGEMENT SERVICES • ---has nry stak; pum f , V*nerve those wM rww flori& t AMENDMENT .. Contract Extension Contract o.: 600-000-11-1. ContraName- Multifunction Products, Printers, Facsimile Equipment, Scanners, Related Software, Supplies, and Services IV. Effect. This Amendment is here by made a part of the Contract Unless otherwise modified by this Amendment, all terms and conditions contained in the Contract shall continue in full force and effect This Amendment sets forth the entire understanding between the parties with regard to this subject matter hereof. IN WITNESS WHEREOF, the Parties have executedi n it duly authorized representatives. Florida:State of Contractor: Department of Mana ment Services: i tions Name. { ' Title: ,' Title: Date: faPOM Date,. r Multifunction Products, Printers, Facsimile Equip ent, Scanners, elated Software, Supplies, and Services State Term Contract No.: 600-000-11-1 Page 2 of Page 140 of 701 FLORIDA DEPARTMENT OF MANAGEMENT SERVICES -%urchasing 1J\' ri tate We serve those who serve Florida AMENDMENT NO.: 8 Contract Extension Contract No.: 600-000-11-1 Contract Name: Multifunction Products, Printers, Facsimile Equipment, Scanners, Related Software, Supplies, and Services This Amendment ("Amendment'), effective as of February 4, 2019, or the last date signed by both parties, to the Multifunction Products, Printers, Facsimile Equipment, Scanners, Related Software, Supplies and Services Contract No. 600-000-11-1 ("Contract"), between the State of Florida, Department of Management Services ("Department") and Xerox Corporation ("Contractor") are collectively referred to herein as the "Parties." All capitalized terms used herein shall have the meaning assigned to them in the Contract unless otherwise defined herein. WHEREAS the Department awarded the above referenced Contract to Xerox Corporation for the provisions of Multifunction Products, Printers, Facsimile Equipment, Scanners, Related Software, Supplies, and Services; and WHEREAS the Parties agreed that the Contract may be amended by mutual agreement as provided in section 4.42 "Modification of Terms" of the Contract; and WHEREAS, in accordance with Section 287.057(12), Florida Statutes, upon mutual agreement, the Department and the Contractor wish to extend the Contract for a period that may not exceed six (6) months. THEREFORE, in consideration of the mutual promises contained below, and other good and valuable consideration, receipt, and sufficiency of which are hereby acknowledged, the Parties agree to the following: 1. Contract Extension. The Contract shall be extended for an additional six (6) months, effective February 4, 2019, through August 3, 2019, unless cancelled or terminated as provided in the terms of the Contract. 11. Conflict. To the extent any of the terms of this Amendment conflict with the terms of the Contract, the terms of this Amendment shall control. 111. Warrant of Authority. Each person signing this Amendment warrants that he or she is duly authorized to do so and to bind the respective party. Multifunction Products, Printers, Facsimile Equipment, Scanners, Related Software, Supplies, and Services Page 1 of 2 State Term Contract No.: 600-000-11-1 Page 141 of 701 FLORIDA DEPARTMENT OF MANAGEMENT SERVICES -%urchasing 1J\' ri tate We serve those who serve Florida AMENDMENT NO.: 8 Contract Extension Contract No.: 600-000-11-1 Contract Name: Multifunction Products, Printers, Facsimile Equipment, Scanners, Related Software, Supplies, and Services IV. Effect. This Amendment is here by made a part of the Contract. Unless otherwise modified by this Amendment, all terms and conditions contained in the Contract shall continue in full force and effect. This Amendment sets forth the entire understanding between the parties with regard to this subject matter hereof. IN WITNESS WHEREOF, the Parties have executed this Amendment by their duly authorized representatives. State of Florida: Contractor: Department of Management Services: Xerox Corporation By: By: Name: Name: Title: Title: Date: Date: Multifunction Products, Printers, Facsimile Equipment, Scanners, Related Software, Supplies, and Services Page 2 of 2 State Term Contract No.: 600-000-11-1 Page 142 of 701 15 FLORIDA DEPARTMENT OF MANAGEMENT SERACES .state purchasing titx X11 ' �r serve those who serve Florida AMENDMENT NO.: 8 Contract Extension Contract No.. 600-000-11-1 Contract Name: Multifunction Products, Printers, Facsimile Equipment, Scanners, Related Software, Supplies, and Services IV. Effect. This Amendment is here by made a part of the Contract. Unless otherwise modified by this Amendment, all terms and conditions contained in the Contract shall continue in full force and effect. This Amendment sets forth the entire understanding between the parties with regard to this subject matter hereof. WITNESSIN , the Parties have executed this Amendment by their duly authorized representatives. State I i r: Department of Management Services, r r i y: J Name: Name: Christopher McPherson Title: Title: General Man ager Date: Date: 02-01-201 Multifunction Products, Printers, Facsimile Equipment, Scanners, Related Software, Supplies, and Services Page 2 of 2 State Term Contract No.: 600-000-11-1 Page 143 of 701 The City of Boynton Beach Finance/Procurement Services P.O. Box 310 „ Boynton Beach, Florida 33425-0310 ' Telephone No: (561) 742-6310 FAX: (561)742-6316 January 28, 2019 BID: "WASTEWATER ODOR CONTROL CHEMICALS AND SERVICES" BID NO. 013-2821-17IJMA Agreement between the City of Boynton Beach and USP Technologies: BID RENEWAL TERM: APRIL 1, 2019 THROUGH MARCH 31, 2020 I XXX Yes, I agree to renew the existing agreement under the same terms, conditions, and pricing for an additional one-year term. No, I do not wish to renew the bid for the following reason(s) USP Technologies ' ---- - - NAME OF COMPANY GN RE Andrew J. Nangano Assistant Secretary NAME OF REPRESENTATIVE TITLE (please print) February 4, 2019 (4 04) 352-6070 ext. 101 DATE (AREA CODE) TELEPHONE NUMBER anangano@usptechnologies.com E-MAIL America's Gateway to the Gulf Stream Page 144 of 701 S r �IAS% Sent Via Email: rcanezo@membranechemicals.com January 7, 2019 Ms. Veronica Varo American Water Chemicals, Inc. 1802 Corporate Center Lane Plant City, FL 33563 Re: Bid Number WD-2018-04 Annual Calciquest 25/75 Contract Period: April 13, 2018—April 12, 2019 Ms. Varo, The current bid with American Water Chemicals, Inc. is due to expire on April 12, 2019. Although there were no provisions in the original bid documents for any extensions,the City of Bartow offered American Water Chemicals a one (1)year extension last year at the same terms and conditions which was accepted and will expire on April 12, 2019. The City of Bartow would once again like to extend an offer to you to extend the bid for one (1) more year with the same terms and conditions. If accepted the new bid would start on April 13, 2019 and expire on April 12, 2020 and would become Bid Number WD-2019-04. Please check "yes" or "no" at the bottom of this letter, with your signature and date, as to whether you are interested or not in extending the bid for an additional one (1) year term. Your response should be received bythe Purchasing Department no laterthan ten(10) business days by mail, P.O. Box 567, Bartow, FL 33831-0567; fax (863) 534-0135 or email to dkin . r l�hasing@cityofbartow.net from the date of this letter. Failure to respond will be deemed as silent evidence that your Company is not interested in renewing this bid and it will be put back out for Competitive Bidding. If you have any questions, please feel free to contact me at (863) 534-0141. Sincerely, 6 Deborah L. King City of Bartow Purchasing Department 505 N. Mill Ave. (33830) P.O. Box 567 Bartow, FL 33831-0567 Page 145 of 701 American Water Chemicals, Inc. would like to extend the bid for the Annual Calciquest 25/75 for an additional one (1) year term at the same terms and conditions. The new term would run from April 13, 2019—April 12, 2020. X Yes No � 01/07/2019 Signature Date Rudy Canezo Treasurer Printed Name of Signer Title of Signer American Water Chemicals would also allow other municipalities to piggy-back off the City of Bartow's bid at the same terms and conditions. X Yes No Page 146 of 701 0 U J U Q C U- C N O cd C Y LO C m r U c c 3 0 N 3: LO Z } z z 2Q 69- r M 0 L L J M O Q O U US M rn c c � m � m i } 0 0 CD N L- -o LO Z z z U U C; O o CO LL o O CD (D o Qco w C C C N C Z >" Z z C 01 c„� (D m OO +-' � c C N N U 7 m� — d7 C >+~ fa icu O - Q ULL M U i L r L -,-% O O M O N j U N 0 } O O �- 609. i z z z C m U a O N U Q Q N c4 Q O U cu O O C 4- 76 O O N N cA L _CU O U 'O L c6 U) o CL N _ O N "_O O U L O O 0- O O :;tC O N +. ++ 0 a. L c c C (V c z "" Q O ¢ ci LL o (L a w Page 147 of 701 o �. r- N CN p -0 .00) f- U M N O NCL t +-' Q O O N U ch M C (D N C Q -m Z N Z Z02 O } �} C O N � U LO Ci ) VJ 'L L Q. Q N � } � r f6 N U M L � r .0 -6 O p Q N � E Q o Q N 'v 0 •� N 'U L O 'L O � yT i N +. N U NC O O O N Z fs �' w C U N CO' m `� N N to Q tQ CO 0 V U V C Q U LL H D I� d a_ w U Page 148 of 701 6.G. CONSENTAGENDA 3/19/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 3/19/2019 REQUESTED ACTION BY COMMISSION: Accept the written report to the Commission for purchases over $10,000 for the month of February 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 February 2019: Purchase Order Vendor Amount 190765 FAU Institute of Government $18,000.00 190770 Davco Electrical Contractors $37,132.00 190800 Alpha Fence Specialists, Inc. $18,383.75 190807 Aquagenix $16,498.00 190849 Harddrives of Delray $15,000.00 HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Ordinance No.01-66, Chapter 2, Section 2-56.1 assists departments in timely procurement of commodities, services, and personal property. Administrative controls are in place with the development of a special processing form titled "Request for Purchases over $10,000" and each purchase request is reviewed and approved by the Department Director, Finance Department, and City Manager. FISCAL IMPACT: Budgeted This Ordinance provides the impact of reducing paperwork by streamlining processes within the organization. This allows administration to maintain internal controls for these purchases, reduce the administrative overhead of processing for approval, and allow for making more timely purchases. ALTERNATIVES: None STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: Page 149 of 701 CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Attachment Attachment Page 150 of 701 CITY OF BOYNTON BEACH APPROVED REQUESTS FOR PURCHASES OVER $10,000 FOR FEBRUARY 2019 (D. 1. Vendor., FAU Institute of Government 15-uramse mount: $18,000.00 Requesting Department: Economic Development Contact Person: David Scott Date: 2/6/19 Brief Description of Purchase: Strategic planning services to track 2019 strategic planning projects and update the City's strategic plan for FY1920. The City signed an executed professional services agreement on 12/18/18. Source for Purchase: Other Fund Source: 001-2419-559-49-17 2. Vendor: Davco Electrical Contractors Purchase Amount: $37,132.00 Requesting Department: Public Works Contact Person: Gail Mootz Date: 216/19 Brief Description of Purchase: Install emergency power at 2045 High Ridge Rd, Temp PD Facility. Source for Purchase: —EmeLgency Purchase Fund Source. 001-2511-519-49-17 3. Vendor: Alpha Fence Specialists, Inc. Purchase Amount: $18,383.75 Requesting Department: Public Works Contact Person: Marc Saavedra Date: 2/15/19 Brief Description of Purchase: Remove and install fencing at the Palmetto Green Park and parking lot. Also,to deter criminal activity happening after dusk. Source for Purchase: Three Written Quotes Fund Source. 303-4232-572-63-05 RP1835 4. Vendor: Aquagenix Purchase Amount: $16,498.00 Requesting Department: Recreation Contact Person: Wally Majors Date: 2/15119 Brief Description of Purchase: Removal of all non-native woody canopy species&woody shrubs from Galaxy Sand Pine Scrub Preserve, located at the City's Galaxy Park, to the north of Galaxy E3 Elementary School at 550 NW 4th Ave Boynton each, I. 33435. This scope of services is for the first phase of a comprehensive park enhancement project. Later phases may include removal of non-native vines and ground covers, planting of native scrub species,and/or construction of an outdoor classroom. Source for Purchase: Three Written Quotes Fund Source: 141-2730-572-63-12 Page 1 Page 151 of 701 5. Vendor: Hard rives of Delray Purchase Amount: $15,000-00 Requesting Department: Utilities Contact Person: Leon Liberus Brief Description of Purchase: Date: 2/28/19 Removal &stockpile of sludge material from the East Water Treatment Plant. Source for Purchase: Three Written Quotes Fund Source: 401-2811-536-49-17 Page 2 Page 152 of 701 PURCHASE ORDER CITY OF BOYNTON FLORIDA P PROCUREMENT VI T T 3301 Quantum Blvd. Suite 101 P.O. Box P.O. 190765 130YNTON BEACH, FLORIDAD 33425-0310 DATE: 02/06/19 VENDOR 992 SHIP TO: TO: FAU INSTITUTE OF GOVERNMENT City of Boynton Beach JOHN SCOTT DILEY FL INST 3301 QUANTUM BLVD. BLDG 44, ROOM 50108 SUITE 101 777 GLADES ROAD BOYNTON BEACH, FL 33426 BOCA RATON, FL 33431 REQUISITION NO. 72626 ORDERING DEPARTMENT: ECO DEV & STRATEGY TEGY DATE NEEDED: SIC AVO: COhfifVIISMON APPROVED: EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST 1 18000. 00 DL TRACK 2019 STRATEGIC PLAN 1.0000 18000. 00 PROJECTS AND UPDATE STRATEGIC PLAN FOR .2019-2020 FISCAL YEAR.W :t1T: Tf33 Scott rc :. xttu :..gf. Government FAU in. par,.--p Fl,�r'l�$ At�.c'�11t1G Universit:'y S :.... . . . . :.. : . . . : .;>. MANA0ER S GNEZ PROFESSIONAL SERVZpp Y REEMEIft"WITH'°FL ..ATLANTIC UNIVERSrTY: T 17/18 PROCUREMENT SERVICES; ALA P.O. TOTAL: 18000 . 00 ACCOUNT NO. PROJECT 001-2419-559.49-17 PURCHASING Page 153 of 701 dre, Sr T 00 1* cq H C9 H CS o Q6- pq W m C4 H W cn E13 r= LL. Oo to ca 0 A H ET4 0 M I o o u U w : O o m Go 0 1 E-E+ N H H H co W E- 04 O ri H o H M E4 1 DO ,I ED H H to 1 Ix Dk E. P. F 'I pq ca 14 P, E4 H H H M o Pi ca d N I D I pq It) ri W :a w F P P4 i I Z H E4 n pq E. 0 u3 9.0 ES 0 1 Id -H Q 441 4 ri 0 1 0 rIn 4 rA 4 m P4 Id U) �D ❑pq CK pq 0 14. 69 W -,A E4 4j m 4 Qj. 0 0 M 14 E. Irl IU P14 z W 4 90 Pi pi W P.4 na Ed Is m'-0 1-4 u P.H Hxa G8 0 p 00 Qq 9-H a D 9 u N 04 u ch w � EGH. m N p 88 C in 0 1 Lo 03a% r-A P 0 4J Lo H -H td K4 u a H 0 14 H P,El Z?U W P4 0�urd r0 H N W 0 E- m H0 A+j-H-4o EQ 6 ri 4j o 0 ul 2 0 H F4 rj R ,0 T t3 ri u lin of EOU D�' OHI w z 114 rl 14 .1 z Page 154 of 701 CITY OF BOYNTON BEACH rREQUEST FOR PURCHASE OVER $101,000 Date: 1/23/2019 Requesting Department: Economic Dev & Strate! Explanation for Purchase: Strategic f ing services to track 2019 strategicplanning Jct t ity's Strategic Ian for FY 19-20. The City signed # i 1 services agreementitFlorida Atlantic i i f Trustees for Strategic planningservices. Recommended Vendor FAU Institute r [Lollar Amount of Purchase b 000Source for Purchase Three Written Quotations L—j GSA State Otrct PRIDE/RESPECT SNAPS Sole Source Piggy-Back Budgeted Item Emergency Purchase Other Cvj4raA Contract .NOTE: Pricing proposal for purchase must be presented in the same detail contained within the oontract. Fund Source r 001-2419-559-49-17 Approvals: Departmentad He Date Purchasing t City r Date , City t Form Revised 02/01/02 Page 155 of 701 The City of Boynton Beach Department of Economic Development and Strategy David ScoM Director 3301 Quanhim Blvd. Beach,Boynton Fluida 33435 ( )®561-742-6023 1( ):561-742-6011 Judith 1 , CIVIC, enROM: David Scott, Director of Economic Development and Strategy DATE: January 7, 1 Florida tl tic University Professional Services Agreement Attached is the executedf i I services agreement entered into as of December 17, 2018 between the FloridaAtlantic i iCity of Boynton Beach r your records. Page 156 of 701 The City of Boynton Beach Department of Economic l and Stit-ategy Dowd SoM Director 3301 QLonturn Blvd. Boynton Beach,Florida 33435 (P):561-742-6023 1( ):561-742-6011 : Judith Pyle, CIVIC, CityClerk : vi c it r f is i n r FROM: FloridaDATE uary 7, 2019 Atlantic University i I Services Agreement Attached is the executed professional services agreement entered into s of December 17, 2018 between the FloridaAtlantic University Board of Trustees and the City Boynton Beach for your records. AMERICA'S GATEWAY TO TIM GULFISTREIAM Page 157 of 701 REWft DEC 2 6 2018 FLORIDA ATLANTIC UNIVERSiTy IICITY MANAGERS OFFICE PROFESSONAL SERVCES AGREEMENT This Professional Services Agreement ("Agreement") Is entered into as of Q@mmber..1 7,..201 4_ rEffective Date"), by and between the Florida Atlantic University Board d-Triia-t-669, a:public body corporate of the State of Florida, on behalf of The John Scott Dailey Florida Institute-of Government at Florida Atlantic UnIverall:34 with an address of 777 Glades Road, Building 44, Room 108, 'Boca Raton, FL 33431 ( FAU" or "UnlvarsW), and The Cliv.of Boynton Bpch a MWK12�th a business address of 3301 Quantum. .l. .,:. uite 101 "Client"). In consideration of the mutual covenants and stipulations set forth herein,the parties hereby agree as follows- I. University agrees to provide and C41ent agrees to acoept the services set forth on Exhibit A attached hereto (the "Services")in accordance with the terms of this Agreement Un'Iv6 controI the manner In is ft SerAces are provided,giving due consideration to the requests of Client. Unless otherwise Mutually agreed,the Services shall be performed at Client's premises. 2. This Agreement Is legally binding as of the Effective Date, and, unless terminated as provided herein or extended by mutual written agreement of the parties, shall continue until the Services have been completed. University may terminate this Agreement at any time for any rea�on upon written not!oe to Client. 3. Client ag roes to pay University for the Services during the term hereof in accordance with the rates and terms set forth on Exhibit A attached hereto. Unless othenvise specified,paymenb shall be due Within thirty(30)days of receipt of a University invoice. Late payments shall bear interest at I% per month. 4. The performance of the University oft Services shall be subject to and contingent upon the availability of funds appropriated by the State legislature or the prime funding agency, or otherwise lawfully expendable for the Purpose of the Services for the current and future periods. 5. All documents, papers, leftra or other material made or reosived in conjunction with the Services shall be subject to the provisions of Chapter 119, Florida Statutes. 6. Any renewals,amendments,alterations or modifications pertaining to the Services must be signed or initialed and approved by all parties. 7. The provision of the Services and the validity,construction and affect of this Agreement shall be governed by the laws of the State of Florida. The University, as a public entity of the State of Florida, is entitled to the benefits of sovereign immunity coextensive therewith, including Immunities from taxation. & Neither party may,without the advance written approval of the other party,assign any right or delegate any duties pertaining to the Services. 9. No default, delay or failure to perform shall be considered a default, delay or failure to perform othervAse chargeable, hereunder, If such default, delay or failure to perform is due to causes beyond either partYs reasonable control including, but not limited to, strikes, lookouts or inactions of governmental authorities;epidemics, war, embargoes,fire; earthquake-acts of God; default of common carrier.Int he event of such default,delay or failure to perform,any'date or times 9-5-07 Page 158 of 701 eV e whichbY is otherwisescheduled l!be extendedautomatically for a pedod time l in duration to the time lost by reason of the excuseddefault,delayor failure to perform. . The Universitywarranties f any kind, x r implied, pertaining Services, and to the Maximum extent permitted by law, disclaimsall warranties andconditions, either express or implied, i i . 11. To the maximum1 , in no event shall University be liable r any special, Incidental, indirect, r consequential damages whatsoever, pertaining to the Services (including, Ithout limilaton, damagesbusinessr other pecuniaryloss,including 1 ), r for f contract,failure oessentialo negligence or otherwise,even if the has been advisedthe possibilityof such damages. 12. Neither party may use or make reference to the other party or any trade names,trademarks, service marks, logos or other designations of the other party except to the extent andin the manner which is expresslyfor In writingr 1 . University reserves all rights to the Services and materials University r the work-product v ioped by Universiin connectionin herein shaII purport to grant or convey anyit r right to the University's services,materials or work-product or grant any exclusivity witht thereto. IN WITNESS ,the parties have caused thisx cut . FLORIDA ATLANTICUNIVERSITY BOARD OF TRUSTEES, on behalf of The John Scott Dailey Florida Institute Floridaat tl `c University inSignature Lori LaVerriere, Name Title December 17,2018 te ate° APPROYM AS TO ANDLEG r General G u 1 Florida Iggic 9i r EXHIBITA STRATEGIC PLANN ING TECHNICAL ASSISTANCE For the City of Boynton Beach Submitted by The John Scoff Dailey Florida Institute of Government at Florida Atlantic University M1 partnership with Trainnovations SCOPE OF SERVICES Decr-January: Confirm the current state of the fiscal year 2019 Strategic Projects.This would entail reviewing the tracker and meeting with the project owners.Determine progress and develop a report for commission.Also, is off meeting with management team. February: Conduct City Commission Interviews March-April: Meetings with Agenda Review Team and the PM Core Team. Make decisions on the projects to be added in fiscal year 2019-2020.Analyze citizen survey results(if available). may: Report to the City Commission,conduct Workshop for Dialog on the Dais June: Develop the Priori tV Matrix July: Write the Strategic Plan and Adopt at Commission FEE: $18,000 Page 160 of 701 FLORIDA ATLANTIC UNIVERSITY PROFESSIONAL SERVICES AGREEMENT This Professional Services Agreement ("Agreement'). is entered into as of _...,Qposmmber 17,201 iffectlVe Date"), by and between the Florida Atlantic Universit Do 1.8 ( E y ard Of Trustees a public body corporate of the State of Florida, on behaff of The John Scott Dailey Florida Institute of Government at Florida Atlantic Unlversfty�with an address of 777 Glades Road, Building 44, Room 108', Boca Raton, FL 33431 ( FAU" or mUnIversIV), and The QW_of,BWton BeLch,a Muni,&@Ilty with a business address of 3301-Ouantuim.Blvd'..Suite ("Client"). In consideration of the mutual covenants and stipulations setforth herein,the parties hereby agree as follows., 1. University agrees to provide and Client agrees to accept the services set forth on Exhibit A attached hereto(the "Services")In accordance with the terms of this Agreement. UnlIt II control the manner in is the Services are provided,giving due consideration to the requests of Client. Unless othervAse mutually agreed,the Services shall be performed at Clients promises. 2. This Agreement is legally binding as of the Effective Date, and, unless terminated as provided herein or extended by mutual written agreement of the parties, shall continue until the Services have been completed. University may terminate this Agreement at any time for any mason upon written notice to Client. 3. Client agrees to pay University for the Services during the terrn hered in accordance with the rates and terms set forth on Exhibit A attached hereto.Unless otherwise specified,payments shall be due inti (30)days of receipt of a University invoice. Late payments shall bear interest at I% per month. 4. The performance of the University of the Services shall be subject to and contingent upon the availability of funds appropriated by the state legislature or the prime funding agency, or otherwise lawfully expendable for the purpose of the Services for the current and future periods. 5. All documents, papers, letters or other material made or received in conjunction we the Services shall be subject to the provisions of Chapter 119, Florida Statutes. 6. Any renewals,amendments,alterations or modifications pertaining to the Services must be signed or initialed and approved by all parties. 7. The provision of the Services and the validity,construction and affect of this Agreement shall be governed by the laws of the State of Florida. The University, as a public entity of the State of Florida,is entitled to the benefits of sovereign immunity coextensive therewith, including Immunities from taxation. 8. Neither party may,without the advance wrlitten approvaI I of the other party,assign any right or deI egate any duties pertaining to the Services. 9. No default, delay or failure to perform shall be considered a default, delay or failure to perforrn othenfAse chargeable, hereunder, if such default, delay or failure to perform is due to causes beyond either partys reasonable control including, out not limited to, strikes, lookouts or inactions of governmental authorities; epidemics; war; embargoes, fire; earthquake;acts of God; defaultof common carrier.Intheeventof suchdafault,delay or failure to perform,anydateortimes, 8-5-07 Page 161 of 701 by is a Party is otherwise scheduled to perform shall be extended automatically for a period of time equal In duration to the tim's lost by reason of the excused default,delay or failure toperform. 10. The UniversKy makes no warranties of any kind, express or implied, pertaining to the Services, and to the maximum extent permitted by law, disclaims all warranties and conditions, either express or implied,pertaining to the Services. 11. To the maximum extent permitted by law, in no event shall University be liable for any special, incidental, indirect, or consequential damages whatsoever, pertaining to the'Services (including, out limitation, damages for loss of business profits, business interruption, or any other pecuniary loss, including legal fees),whether for a breach of contract,failure of essential purpose, negligence or otherwise,even If the party has been advised of the possibility of such damages. 12.- Neither party may use or make reibrence to the other party or any trade names,trademarks, service marks,logos or other designations of the other party except to the extent and in the ma nner which is e*pressly provided for In writing by the other party. 13. University reserves all rights with respect to the Services and materials provided by University or the work-product developed by University in connection with the Services. Nothing herein shall purport to grant or convey any Interest or right to the UnNersit3(s services,materlal� r work-product or grant any exclusivity with respect thereto. IN WITNESS WHEREOF,the parties have caused this Agreement to be executed. FLORIDA ATLANTIC UNIVERSITY BOARD OF TRUSTEES, on behaff of The John Scott Dailey Florida Institute of Government at Florida Atlantic University Sigynatuareel Slgnatudrd �l&�- �ii e h 16an �' Lori LaVerriere � dq� Name ame Pity.Manager � itle �S� Titl T e' December 17,2018 Date APPROVED AS TO AND LEG'Tfii 2 General C u Florida Alila@131�c For the City of Boynton Beach Submitted by The John Scott Dailey Florida Atlantic University in partnership with Trainnovations SCOPE OF SERVICES December-January: Confirm the current state of thefiscal year 2019 strategic Projects.Ms wouldentail reviewing trackerthe nd meeting withthe projectDetermine resdevelop for commission. is ,kick off meetingi t team. Conduct City Commission interviews March-April: Meetings ith Agenda ReviewTeam ande PM core Team. Make decisions on the projectso e added in fiscal year 2019-2020.Analyze citizen survey results(if available). May: Report tot the City Commission, n or h for Dialog on the Dais June; Develop the Priority Matrix July: Write the Strategic Plan andopt at Commission FEE: $18,0D0 1 Page 163 of 701 Transmittal or for Documents Reguiring Provost's Avvroval Attached is a document requiring legal review and the approval/signature ofthe University Provost. e11CV10' As head of the department forwarding this request, I indicate my approval and k thatfitt'.1,, this contract/document be reviewed by legal counsel and forwarded to the Prov s Office for approval/signature of the Provost. The document, once signed, should be returned to the initiating department at: E PR Department: The John Scott Dailey Florida Institute of Government at FAU Contact Person: Sarah Shannon Campus/Bldg./Room No. Building 44, Room 108 Telephone No: 7-3749 Brief description or explanation, if necessary: Agreement between the John Scott Dailey Florida Institute of Government at FAU and the City of Boynton Beach–Strategic Planning project. A112ron—als• Signature of Initiatin artment/Unit Head Date S' nature f Inl" a t f S Signature of Su r, Date p or Unit Head S a eg ign e of 4' egal'i"ounsel Nto ote: The submitting department should retain the completed approval form. ul�) Page 164 of 701 y, the John Scott Dailey Y". Fa FLORIDA INSTITUTE OF R GOVERNMENT DEC 4 208 at Florida Atlantic University ' ty ,rte 7HE P��3 MEMORANDUM DATE: December 11, 2018 T : Elizabeth Ru e4olffl FROM: Sarah Shannon RE: City of Boynton Beach Professional Service Agreement Attached are three original Professional Services Agreements that have been reviewed and approved by the City of Boynton Beach. Can you please review and forward to the Provost's Office at your earliest convenience? As always,thanks so much for your assistance. FAU FLORIDA 777 Glades Road,Social Science Building 44,Ronin SO 277, Boca Raton,Fl,33431 ATLANTIC (561) 297-3749 FAX(561) 297.4479 www.fau.edu/fiog Page 165 of 701 r° DivWon of Risk Management STATE RISK MANAGEMENT TRUSTFUND Policy r: 1 General Liability Certificate of Coverage NameFlorida Atlantic University General abilt Coverage provided pursuant to Chapter 2 ,Part IL Section 768.28,Florida Statutes, and any rules promulgated thereunder. Coverage s: General .ty: $200.000.00--- e each occurrence Inception 1,2018 Fxpiration Date: July 1,2019 DRS-DO-965 MV.7/17) Page 166 of 701 PURCHASE ORDER CITY OF BOYNTON FLORIDA BEACH, PROCUREMENT S VI E T 3301 Quantum Blvd. Suite 101 BOXP.O. : 190770 Y T EACH, FLORID 33425-031 DATE: 02/06/19 VENDOR 787 SHIP TO: TO: DAVCO ELECTRICAL CONTRACTORS C City of Boynton Beach 4885 PARK RIDGE BLVD PUBLIC WORKS DEPARTMENT BO TON BEACH, FL 33426 222 N.E. 9TH AVENUE BOY ON BEACH, FL 33435 REQUISITION NO. 73159 ORDERING DEPARTMENT: FACILITIES/AOCA/GM DATE NEEDED: OEC NO: 1-fris DID N APPROVEC}: e EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST 1 37132 . 00 DL INSTALLATION OF (1) OWNER 1.0000 37132 . 00 FURNISHED ATS WITH ALL ASSOCIATED ELECTRICAL MATERIALS. LABOR. TSTA. MRGENCY POW]FR 2445 H Ex X% RD TEMF PD FiCILITY 1OS1L ]ATED 1'. :. X. . j. X. PROCUREMENT SERVICES: R.O. TOTAL: 37132.00 ACCOUNT NO. PROJECT 001-2511-519.49-17 PURCHASING Page 167 of 701 it 4m H rl Do es pq ca 0 F4 03 t IX P14 Ku ca I 0 9 P4 MI C I Z K [-4 P4 DO W P4 CHD rag Z M m zm m 0 in 1-4 un H Ora etc 0 C, E� 41; Page 168 of 701 141 CITY OF BOYNTON BEACH REQUEST FOR PURCHASE OVER $10,000 R Date; Requesting Department. A,x��,Le- « Contact X07-. E Explanation E r - ,- e M�a Three Written Quotations up materials): GSA State o tr I DEIRESPECT SNAPS Soje Source Piggy-Back Budgetedi tem Emergency Purchase Other t sentad in 1hu 98MOMail contained mthin the Traci. Approvals- IDSPartment Head . � s Me Purchasing et Date Asst Cfty Manager CftY aria e � «, , Date o Page 169 of 701 y. r .rNev FROM: DEPARTMENT OF PUBLIC WORKS MEMORANDUM NO. 19-007 To.. Lori LaVerriere, City Manager ., Director of PublicEngineering DATE-® February 8, 2019 SUBJECT. PD Generator— Emergency Purchase 2 r— iRidge Road (Temp PD) Per our conversation Facilities staff receivedI n Saturday, February 2nd, 2019 regarding loss of power at the Temp Police . This is the third the location has lost power in the last two months. The first ( )times power was restored shortlyr the buildings r. The recent power loss over an hour and half in duration. As part f the original move staff was working on a plan to provide a backup generator with automatic transfer switch. Staff anticipatedsin inr Construction Bid process which couldtake up to 2 months to execute . In discuss!6n with FPL it appears there is a damaged/undersizedcircuit which Temp PD location. FPL is estimating a minimumf oand/or repair this circuit to resolve the intermittent r outages. Facliffles staff has received a proposal from Davco Electric($37,132)to install full building back up power through a 400-ampautomatic transfer switch ( existing i owned 125 KW generator. Davco can gof immediately It u in 5-7 days oncethe ATS is deliveredlocated a 400 Amp ATS from Gentech for$3,800 whichn be deliveredto the site 2/11/19. Please authorize the emergency purchase order to Davco Electric and Gentech as the FPL power problem if allowedto continuewill severally i t PD operations provide a risk to the integrity of PD evidence, If you v questions the aboveor require iion I information, Icontact me in Public Works at 561.742.6201. Colin Groff, Assistantr Tim i t Cfty Manager Michael Gregory, Police Chief Kevin Ramsey, Senior Project & FacilitiesManager 01 -In Ili -PQ n r E Page 170 of 701 REQUEST FOR OFFICE ASSISTANCE !A�z_f FROM: Date: *PRIORITY 0 Copy Work ® Number of Copies: i 1 Collated&Stapled Distribution: 0 Type from the attached I transcription0 omal I(to be forwarded upon request) 0 Request for 121101rect Pay Req.for the attached - Vendor r Person to be reimbursed: Account u I rgy Project Request for Requisition Vendor: e Account Number. - � �- �� Project No.: .... - Ust Items wiQuantitles&Unit Costs on the back of this request. Li Verbal Quotas($500 t $1,999): Vendor: Cost: Vendor. Cost: Vendor: Cost: Quotes($2,000 to )—Attached. • Written Quotes($10,000 t $24,999) /Purchases over$10,000 Form—Attached. • Bid/City(Over$25,000): Bid # • BidlOther Entity(Over$25,000)- id iQuotes— c . File OTHER: Special t i . ,m completedRequest completed: Please sign and return this form to the Office Staffs Inbox, feel free to make any comments below. Page 171 of 701 February 5,2019 ELECTRICAL CoNnu4T=C=p. t o LIU Project Supervisor City Public Works-Facilities Maintenance 222 NE `'Ave Boynton Beach,Florida5 Reference:Installation of(1) Owner Furnished ATS at Boynton Reach Sheriff 2045A High Ridge Road, Boynton Beach, Florida 33426 Davco Electrical n t o . is pleasedto provide this revised proposal to provide supervision,labor, equipment o a to install 1)owner furnished ATS as per the scopevie to for the total sum o : SeMof r : 1. Installation of 1)owner furnished ATS with1 associated electrical materials and labor. tionsNot 1. PRICE I . 8 Permit. Permit fees and eerin for the abovescope is incl 3. Any additional wor or material beyondthis scope will be additional, 4. Excludes furnishing of ATS. 5. avco Electrical Contractorsill not be responsiblefor condition of owner furnished ATS. ® Excludes y repairst owner f shed ATS. b 7. Includes labor for(1)load bank testing. ( I mano s) S. Excludes furnishing and installation,or setup of generator, ® Excludes pick-up e of owner furnished generator. 10. Excludes fueling of generatorore generator start-up an after load bank test, Im Excludes any repairs if need to generator. avco reserves the right to withdraw this proposal if not accepted and receivedin this office it in ( ) days. is proposal is also conditioned on the premises being in the physical state that they in as o this proposal date. In the eventis a change tote physical condition of the premises requiring additional o ,in the sole discretion of Davco Electrical Contractors Corp.,additional costs may be Incurred. Respect y, csa Sa F. Estimator avco Electrical Contractors Corp Boynton Sae(5 1)732-.M34 Raton;(561)33&6947 9 Fax®(561)732-3414 .develactric.co 48$5 Park Ridge BoulevardBoynton Reach,Florida 33426-8316 Page 172 of 701 red - Javier,Andrea sent Wednesday, Fe ruary 06,28:30 AM TO: MoM Gail cc Greco- r nci ia, ri n Luma,Jon l Subject: RE: Request for C01 and W9 Attachmarrta: Davco Electrical Contractors.pcif Thank you.The attached meets City requirements. Andrea Javier, IP -CP Benefits Administrator Human Resources and Risk Management l � Mailing Address: P.O. Box 310 J Boynton Beach, Florida 33425 Physical Address:3301 Quantum Blvd.,Suite 101 Baynton Beach, Florida 33425 551-742-6044 JavierA@bbfl.us F boynton-beach.org/ Please be advised that Florida has a broad public records law and all correspondence to me via email may he subject to disclosure.Linder Florida records law, email addresses are public records.Therefore,your e-mail communication and your e-mail address may be subject to public disclosure. z,Gail a otz fl.us> Wednesday, February 0 ,2019 :2 A Javier,Andrea<iavierA bbfl.0 co- rcila,Adrianna< co- renci is b .us ; Lu a,Jonele cL J bbfl. s> Subject:FW:Request ibr C01 and W9 FYI Gail Mootz Project Supervisor Public Works, Facilities Maintenance t; ailing Address: P.O. Box 310 f Boynton Beach, Florida 33425 Physical Address:222 N.E. 9th Ave. I Boynton Beach, Florida 33435 551-742-6223 63 MootzG@bbfl.us boynton-beach.org/ 1 Page 173 of 701 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:Marcial Sen!<MSent PdavcoeIectrIc.com> Sent:Wednesday, February 06,2019 8.20 AM To:Mout ,Gall<A!eotzG Mau Mb— p Cc:Mark Komar<MKo_ aL@davcoelectr!c.com>,Toby Petitgout< > Subject:RE:Request for COI and W9 Good morning Gail, Here you go. If you have any questions please contact our office. Thank you, Marcial Seni Jr Estimator Davco Electrical Contractors Corp. 4885 Park Ridge Blvd Boynton Beach,FL 33426 Ph 56.X-732-3434 Ew 127 Fax 561-732-3414 da vco ele ctri ccom ry UurnuCAL From: Mocitz, Gail [ma ilto,M p bb "t _G@ Sent: y, February 6, 2019 7:51 AM ® Marclal Senf CC: Mark Komar;Toby Petlitgout ® Request for COI and W9 Good Morning Marsh, Thank you, I have received your proposal and need a few more pieces of information,Can you please provide me a copy of your COI and a W9. Under the terms and conditions of all contracts,leases,and agreements,the City requires insurance coverage listing the CitV of Boynton each as additional insured.Is it possible to provide a copy of your certificate of insurance(COI), listing our City as certificate holder and as additional insured with respect to general liability, either in the DESCRIPTION OF OPERATIONS comment box or in the ADDL INRS column m4th a Y,x or V next to 2 Page 174 of 701 GENERAL LIABILITY insurance,as proof of General Liability and Workers'Compensation LJabliltv(or exemption) Insurance for the proposed work at the City?Please see the attached insurance Advisory Form/Sample COL Please call(561:-742-6044)or it to 1avlera@bbfl. s if you have any questions or need further clarification.Thank you. City of Boynton Beach P.O.Box 310 Boynton Beach,FL 33425 Thank you Gail Gail Moots Project Supervisor Public Works,Facilftles Maintenance Mailing Address: P.O.Sax 310 1 Boynton Beach,Horlda 33425 Physical Address:222 N.E.9th Ave. I Boynton Beach,Florida 33435 561-742-6223 MootzG@bbf1-us I Boynton-beich.argl 10" 3 Page 175 of 701 fi* FDAM1 CERTIFICATE OF LIABILITY INSURANCE , 1 IS CERTIFICATE 18 ISSUED LY H E N IS)'nF1 DOE T FFI LY EGA ELY A TE RL E E FFR Y POLICIES EL I FIB INSURANCE NOT STI TE CONTRACT EES ISSUING I R(SD REPRESENTATIVEp CER HOLDER. IMPORTANT: It e certificate r n I L INSURED, a polI ) fi L IN provisions r d. BersOmAL If SUBROGATION IS WAIVED,sub to the terms and conditions of the policy, In Policies may require an andonanneaL A statement onadiem ce not confer d his t a der In Ilei rl IRF00 5014834383 T J.Call SOWyn ,CICPRODUCIOR -03-0383 X93 NISuite 20a oriserite EE West Palm L 33407 J,Cal %Did,Possident I 1 to tAmerica wwjRzD Davos,Electrical It# ! ' rr� a Fr ul r m Orin _... 674 Olvd. 11 12028i-- IS IS IFY THAT THEPOLICIESINSURANCE LIS'T'ED BEL HAVE BEEN ISSUED E INSURED ME ABOVE FOR THE f PERIOD I E P,I N Thi AIS ANY REQUIREMENT,T, TE OR CONDITION F T R OTHER DOCUMENT RESPECT TO ICH IS ERTIF `i`E Y E ISSUED O "Y PERTAIN, T INSURANCE SEE} BY E LICE DESCRIBED HE N IS SL JET T ALL THE TERMS, IJSI NSAND CONDITIONSSUCH POLICIES,UMITS SHOWN Y HAVE B59N REDUCED BY PAI CLARIS. r TYPE OF of LNTS DIAL GENERAL LABILITY I a t Fi ffi LL A CLAIMS-MADE [X]OCCUR y y Contractual E ®- , 000 RXC—U lei iud _ �Imgy 5 1,000,000 0.000 a S T LIMIT SII * 2,00 POLICY a car r AUTOMOBILE rL! w Llr�rc,.�a, O 1 TTIL18 034112018 03UP102019DILYINJURYLPwramor F 1 SCHEDULED �It�JLr r �jry OS LY° A EXCIESSLABCLNWMNx 0313112018°03139 1 :.ASO S, 9081001) MATE ENNO 3 5 4 al01 I� UT I ��_ sampygnmTV 'YIN 1 3112018"1 9 ANYPR FiEr m rI e UTIV IFlr� .L EACH � � Dz r E.�EXCLU DE � L tfPTIS � OPERAT?ONS # I s 1 od gSflT 1 E I 1 9 ; 3 1 019 Rerr , Professional Uab 04115201$j ON15AWIS ILMT/DED 1 DESLRW'nonoFOPFRA7MNSILOrAIMNSIVMICLES JACORD 101,AddiffonaiRmaftSCIOdUlk MIRY boaKadlad fl&WMaP1CQ lanquimos Certificate h older Is listed as additional Insured On I Liability erg FeRUIVed by Written contractendorsement OW 06 . Waiver of SubrogationIS tionss and general I ii coverage favor the e 1 Holder required y wrItIon u t per endorsements#WC000313 and OW D3 1110L BOYWT-ONSHOULD F THE ABOVE DESCRIBED POLICIES SE CANCELLED E 'Tt NI DATE THEREOF, NOMCE WILL SE DELIVERED I POLLY PROVISIONS, CITY O T H PISK "I DEPT DO BOX 310 BOYNTON BEACH,FIL 33426-0310 AAI!00 m _J _. ACO R (209 3} Q 1988-2016 ACORD CORPORATION. An rights reserverl. 'The ACORD nanee and logo ars registered Page 176 of 701 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 3301 Quantum Blvd. Suite 101 P.O. BOX 310 P.O. #: 190800 BOYNTON BEACH, FLORIDA 33425-0310 DATE: 02/15/19 VENDOR 13718 SHIP TO: TO: ALPHA FENCE SPECIALISTS, INC City of Boynton each 5S5 WEST OCEAN AVENUE PUBLIC WORKS DEPARTMENT BOYNTON BEACH, FL 33426 222 N.E. 9TH AVENUE BOYNTON BEACH, FL 33435 REQUISITION NO, 73177 ORDERING DEPARTMENT. ENGIN=EERING/AGGA/MS DATE NEEDED: BID NO: COISSIO APPROVED: LIN E# QUANTITY UOM ITEM NO. AND DESCEXTENDEDRIPTION UNIT COST COST 1 9997.50 DL 465' FENCE 1.0000 9997.50 COMMISSION APPROVED 01/15/19 . . . . . . . . . . 2 943 .75 DL I - 15, SLIDE,'. 1.0000 943 .75 NN" 3 225 . 00 DL 1 41 .. ......... 1.0000 225. 00 4 5267.50 DL 245 1.0000 . .. . ............. 5267.50 . ..... X.Y., 5 1500 . 00 L I.- v... m .GATE :c--.0000 1500.00 Ds: 6 450.00 DL 450. 00 Ls . . . . .. .... . :.INSTALL tAtL' FENCING AT THE PALMETW QXREN PARK & PAR X. Y N.: .. . . . . . . . . . . . .. . . . . . . . . .. . . . . . . . . . . . . a . . . . .. .. . . ... . . . . . . . . . . . .. . . . . .. . . X- PROCUREMENT SERV110ES: 2!2P.O.,TOTAL: 18383 .75 ACCOUNT NO, PROJECT 303-4232-572.63-05 RP183� 1zo PURCHASING Page 177 of 701 LIN in i H r-i - -- Go 0% 0 Oo A rip) po M co 0 a 0 i Or- M M r- Co 0 H I (h In 14 U >d 0 I I M Q4 Is > 1 r F74 to I /4 EA H Orir- F-I Q rI I W H CD C) 0 C) C) 0 M E-4 1 0 In 0 0 0 0 to 1 0 0 0 0 0 (D P m 1 in r- 0 to C 0 r- I I &P W M 01 C3 C) C� C; 0 OH U I r� (n Lf r� C; C; 1; 0 0 C3 0 CD 0 1 M -0 (N %D 0 Ln (D ri H H H H H 0% M N cq to 0) M In r-i co a) U 1 ri m I U U 0 U U U ce H w 0 0 0 0 0 0 P4 E-4 0 0 w 0 0 .1 M 1 0 rY4 D4 N N Fw 74 r14 pp : C) 0 0 Cx C) I Z 0 0 0 0 0 0 IM 1 0 0 U U U U U 0 1 O C) 0 0 o a d z MOO 1 0 (d w 0 0 w 0 ri W Q I o 0 0 0 0 01�L� 1-1 -1 H H H M r-4 (� H 01-1 4 M 04 04 04 a E E. Mr--i I 0 w 0 w 0 0 " w L,-,-i a p w W rd Pd N w z m MMM 0 00 w(n 4 �14 .4 .4 X. M, F-I N 04 llr N 04 o as 14 0 0 0 0 0 0 -W 43 4J V 4J LE 00 .0 i 1 H a I E AJ JJ JJ 43 4J 4J PQ r- x1 ha 0 0 1 0 1 0 U Ln Q)LA W In G)In a)LA of Ln 4) z z rn OI n 0 Q Q Q 0 Ot I n �M -i Q I W I z I rzq 1-3 Wr-A Wrl MA Mr-I Mr-I Mr-A >M W r-I rd-1 cd r4 cd ri rd H Id H(d 0 Ix 0 Ln 0 0 C) C) P4NPAP4P4Q4P4P4P4A4aja4 H P4 0 p I to 1- 0 Ln (D 004 Ix IM C4 f4 C4 W4 P4 H : g� H IEi N 0 IX C� C; PQ 4 p 0 M- CN ko C) LI) I p H p M al cr% C%l N in v E-4 M z Ch Ln H z P4 M ril I 0 r,44 u Nu 14 :0 4C7 C7 C7 C7 C7 C7 P4 M fX M : lz 1=1 a pq 14 0 P4 14 0 z z z z RrH alH asH N H N H D4 19>P4 19>14�,,>P$ N WONOWOWON2 U W u W U94 UW um u Uw SPI L4 M P4 N 914 N N P N WW w Ix w D® w wl W 04 MW I 0z0x0z0zOz0z Pd Ix r4 14 W P4 H H H H H H 118 101 —a 144 1 0 mpr�0 m m M U) Ul Ul Wm-1 W Ln M kq QF4 > E� �04�aloN -Elo 0 M I rAC4 op 01.4 00 600 op I H04HaIHD4H C14 HC14HP4 W 1 0 am am Al am �am aul 14 L) z z z z pi z z H r Q0H PH PH PH PH QH H WH H H HH H I ON Ow ON MN 04mm ON 1 In In In Iel rn to C) 0 0 a 0 0 QZU QQUZ M M M M M M M w w2m Oro ON mom ON w w LD w w w Ix D4 04 LV2 r" 2 rX4 0 P4 D4 W r34 N N N N N N z Q r- r- 0 H 04 LA H W6�HQ O�n PDHn U PO M 0 gE-42 LIPO QpO OHO M (n Zo E-1 ZHH H9 H Z H H E p4HE III lcql 'C'41 'C'41 14 P4 NOME - Qs Q w Q - 0 Q -;r I;p 10 v C%qp Cvq P 0 H I lk4W00 LO 0 06 WOO C)OD 900 I UM M M M M M 1-4 0 Ix I HxU rl Mu 0 U Eu rniv JXEU 0 C3 C) Ul run - M E H 0 1 O� Inoo I M EM4 6 P I E-1 M 1 woum rium Hum vum r-lum wum 04 H N M ZM : H NM RV In %D ZH N M 0 w u) HPage 178 of 701 m or i ri r-r 1 Go Wr 0 0 i \ \ 1 N N i I N r r H I r r7 i m A A r w IX i e-i �H 0 A I r > 1 H r rl i W r Q 1 i 1 i U r z r els A H r E+ Z w i cr1 W O � r [r] 1 H i U H W I O P1 r as V9 r [7 W EE r � ax W COJ C) P® 4 Ae co H m 1 Cpa Pe h �N H �D W 0 C4 H P40 E i H Pd H i H PI O C4 zHH ul H 4 E-rX7 W ama a l H ix Aa W W ul C7 i OH Ar to a u] H 1 � I H 1 i I r i N i 1 \ 1 I i 1 � r C7 x i z C 1 H O I Ix $ r W i W U I z H r H ra I � W i z .y W Pi 1 1 r H pl z EI N r 6 ai H O H I H a C4 r co U r H d u] p E WI a A r rsa I H W mai V] H 1 }] 1 1 Page 179 of 701 fCITY OF BOYNTON BEACH REQUEST FOP. PURCHASE OVER $109000 Date: 219/2019 Requesting Department: PW - Engineering Explanation r . Removing lling fencing at the Palmettor i , to deter criminal activity I r dusk. Alphaided Vendor Dollar Amount of Purchase 8 383.75Source for Purchase (check and air backup i Three Written Quotations GSA State Contract 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: 303-4232-572-63-05, project#RP1 835 Department Head Date Purchasing t DateAsst City Manager Date City Form Revised 02/01102 Page 180 of 701 avers t 1 of 1 B.K. CONSENT AGENDA 1/15/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION DATE: 111 018 REQUESTED ACTION BY COMMISSION: Approve the modification and addition of projects as part of the approved Fiscal Year 2018-19 Government Surtax Fund. EXPLANATION OF REQUEST: The City Commission approved a list of projects for Fiscal Year 201 B-19 to be paid with Government Surtax funds in September 2018.In accordance with the City's Resolution R16-071,which is an Interlocal agreement with PBC and Palm Beach County Schools pertaining to shared distribution and use of the surtax funds the project list the Commission adopted can be revised by the governing board. The City of Boynton Beach Capital Improvement Plan is largely funded by taxpayer approved sales tax funds(Surtax).Each community must account far the use of these funds to ensure their use is consistent with law and the intent of the voters.Each quarter the city will be providing a global update on the status of projects funded with Surtax revenues. However,on a much smaller scale it is recognized that soma projects were missed or arose after the initial inspection of the City facilities. Therefore,it is necessary to add projects as they occur suddenly or unexpectedly during the fiscal year.These additions are to ensure consistency of review by the City Commission and the City's Citizen Surtax Oversight Committee. To that end,staff will be providing additional requests throughout the course of the year on an as needed basis. Attached is a breakdown of staffs request for addition and modification to the Capital Improvement Plan with estimated budget dollars.All new projects will be funded through project savings and paid with existing Surtax dollars. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Facility maintenance work is critical to keep,restore or improve every part of a Facility/Building to a currently acceptable standard. FISCAL IMPACT: Budgeted The project budget adjustments merely recognize actual costs on a project level.The total approved budget for Government Surtax Budget will remain unchanged. ALTERNATIVES: Do not approve project budget additions/reductions. STRATEGIC : STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: ATTACHMENTS: Type Description 11 A chment CIP Project Adjustments https://boyntonbeach.novusagenda.com/AgendaPublic/CoverSheet.aspx?ltemID=5317&M... pW /?M9of 701 Greco-Arendbia, Adrianna From: Saavedra, Marc Sent, Wednesday,January 23,2019 3:30 PM To; Greco-Arencibia,Adrianna Subject: RE: Palmetto Greens Fencing Attachments: BUDGET FENCE- PALMETTO GREEN UNEAR PARK BID update jpg;Alpha - Palmetto Greens.pdf,Alpha - Palmetto Greens Linear Park-parking lot- Estimate 8-16-18.pdf, Daniels Fence- PALMETTO GREEN PARK and Parking Lot- no Barb Arms.docx; Palmetto Greens Fence- no barb wire- bid summary.xlsx Hey Adrianna, Aca Akr L-ko-KN31-(3-1a Please see the attached bid summary and bids. UO3-05 Thanks, Marc Saavedra Associate Engineer Public Works, Engineering Mailing Address: P.O. Box 310 ? Boynton Beach, Florida 33425 Physical Address:3301 Quantum Blvd., Suite 101 1 Boynton Beach, Florida 33426 5 -742 -742-6357 61 561 SaavedraM@bbfl.us boynton-beach.org/ III ["DO Please be advised that Florida has a broad public records law and all correspondence to me via email may be subject to d isclosu re.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:Saavedra, Marc Sent:Wednesday,January 23, 2019 9:14 AM To:Greco-Arencibia,Adrianna <Greco-ArencibiaA@bbfl.us> Subject: FW: Palmetto Greens Fencing I guess it was approved at last Tuesday's meeting on 1/15.See below. Tell me if there's something you need that can't be retrieved that way. Thanks, From: Mack,Andrew Sent:Thursday,January 17,2019 9:15 AM To:Saavedra, Marc<SaavedraM@bbfl.us> Cc: Dunmyer,Gary<Dunmver G@bbfl.us> Subject: RE: Palmetto Greens Fencing This was approved at 1/15 meeting to add project. We can now submit for a PO for fencing. 1 Page 182 of 701 Andrew Mack, P.E.,CBO, LEED AP Director of Public Works& Engineering Public Works 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 j 561-742-52.11 MackA@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. Frorn:Saavedra, Marc Sent:Tuesday, November 1 ,201 11:10 A Mack,Andrew< ac fl.us> C : Dunmyer,Gary<Dunmyer _ bfl.us' Subject: : Palmetto Greens Fencing Hey Andrew, Is this what you want to see—the$18,383.75 from Alpha -or would you also like a copy of their bids? Palmetto Greens Linear Park- iParkinin i e , , (rind) i i i $23,411.00 Marc Saavedra Associate Engineer Public Works, Engineering Mailing Address: P.O. o 310 Boynton Beach, Florida 33425 Physical Address: 100 E. Boynton Beach Blvd. I Boynton Beach, Florida 33435 561-74.2-6267 561-742-6357 SaavedraM@bbfl.us ,f boynton-beach.org/ 2 Page 183 of 701 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: Mack,Andrew Sent: Monday, November 12,2018 12:57 PM To:Saavedra, Marc<Saavedra 4ffl!Ibfi.us> Cc: Dunmyer,Gary<DunmyerG@bbfl.us_> Subject:Palmetto Greens Fencing Marc: I am trying to get item on CC meeting for 11/20 and need final number for fencing to include as back up. Andrew Mack, P.E., CBO, LEED AP Director of Public Works& Engineering Public Works Mailing Address: P.O. Box 310 1 Boynton Beach, Florida 33425 Physical Address: 100 E. Boynton Beach Blvd. J Boynton Beach, Florida 33435 561-742-6201561-742-621-1.1 MackA@bbfl.us boynton-beach.org/ 11 DO 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. 3 Page 184 of 701 L O O O q 0 q O L ® O oD Q G O O 0 t0 d 3 0 0 Ln Ln ® L an dc W N c o a ® ® ® o C16 •o o ° 0 0 0 0 O O en 0 O O O CL &I V ®�" ui eri M Geq o ri ri CLE9 CL CL 4 vF vs in vs a u Cc a+ C +fl o 0 a " D CO Q o. w E vcao °O o 03 ° CL Q c u ,E a s c a u = `c y M c CL m Q •a v o 0 of d ar V 42 V t' �s d W ,C ® O0 LL CL tn 42O R IL R R ar. cr 7 C3 c Q p u i 'L7 C c u O � �° a d O .p Ix °a+ .O Q V' R cm 4 0► � O O C u 2 O. u p b V c W ` d A. u C qu d E o, LA } '® O 3 b O p w' C w d 4 4 d 4� do 00 00 D. epi H � � H � 00 cc VA S 0 L CL V ' N Page 185 of 701 aC3 Co 0 0 us a LA a o 0 vs a L`` IA L O go ba c n mss` al N r� a 0 0 a. ® S LZ m dcm60 U. 14 tis V1. 0 Ira a CL CL CL UD FA O to y a U tm 4�i a � O b : C 4 t6 °C w C R ® 'cu 4W Lu uj O, G, C * 3.1 + L 0 � "J C � O � .fi b E E d $ r tm fi mv L 3° ac► ,c a c a OL a E a c .c to c c a 3 ry m a� w a m 3 c E to m in m o d m '^v ac � c o � Z ` a 'x a 'x m •X > .E C: a L a m ro m 00 o a y b I a 3 � m .� a Q i c I a I ` I �uuyi t IN ILO i O 4 C. aI Gi q� G 4 ® d U 3 ? E m y AL O ,"'ice O H Z a $ a Z T ii Sk V-1 o a a d d d FAO a a o z z z z z � IL °a a ¢a LJ Ll z Page 186 of 701 Palmetto Greens Linear Pa -Fend Qgotes Surnme Park ninstallation in Lot Ing ll T al Daniels $1 , 10,167. 0 Indl $20 77.50 Al $11,166.25 $7,217a 0 (Irrc�} $1 , .t�udg t $138996.00 ,193. (Incl) $23,4MOO Page 187 of 701 Greco-Arencibla, Adrianna From: Saavedra, Marc Sent: Thursday, February 07,201912:02 PIVI To: Greco-Arencibia,Adrianna Subiect: Palmetto Greens bids explained Attachments: Daniels Fence quote-explained.pdf,Alpha Fence quote- explains d.pdf Hey Adrianna, See the attached bids for Daniels Fence and Alpha Fence. I wrote on them to clarify the prices you see in the bid summary. I told the vendors to add the barb wire as a separate line item because we might not want it,and in the end we don't want it,so I've removed that line item from the total. Let me know if you have any questions Marc Marc Saavedra 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 561-742-6267 561-742-6357 Saavedra M @bbfl.us boynton-beach.org/ Is:= El I'll LOY Please be advised that Florida has broad 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. Page 188 of 701 ALP Pti. PERMIT NEEDED DATE WRITTEN UP, "-P,j YES r,- 0 PtWosallConhwa 555FVostrkeaxAwmut,� RoyntomBeackFL33426 W13FIRE E. ........................................... ce 56L 7.78.9966 Far 561,738 991 E-mail: udpninCOdpha-fence com JOB A DDRESS Licesum U-8456 CNCLIZO 7.3-0 ft1LLIN(YT-,,AD)jj RESS NAME-- Al NAME SUBDIVISION CONTACT'.-_j ADDRESS ADDRESS----jC,)0 CITY —° CITY: rx--: ............. PHONE#......... �z : :2 ---—---------- FAX#,., FAX . .......... ALUM = RV.C, E-1 WOOD ............. ........... 'NZb CIIAIN LUNK 13, 9q TYPE�!' COLOR -7, + HEIGHT FOOTAGE ........... GATES ....... SELF-CLOSING TERM. IN GROUND CORE DR11,L FLOOR. Fl.,ANGE., WALL IMIQ NT. Lt NOTES ............ LQ ................- ................ ........................... ------------- COST PERMIT FEE, S : -g 50% DEKOSIT DUE 0PON COMPLETION: BALANCE Accepted. Hff'AI3OVP1'PRI(T.S.SN-k'll ICAI IONS AND CONDITIONS AR FSKIISFACTORYAND 11FRI'BY ' ACCI;I11[A).YOU ARE AUT1 101(IZLi)'l 0 IX)TI IF WORK AN SF`I-.'C1FII:D. IlAYMVIN'TWIl 1.HI' MADLAS OUT- I INED. Dx,"E; :........................ I------------------------------------------------- ....... SIGNATURE- SIGNATT�P,11-, ................................... I-41zl-RI $,Ij gill 11 I$Aqs v Page 189 of 701 ? � u 7 6 ' e 5 r �RITI . Ml -: } k s, r.w.�. .� _. .,. A .�61 .US.��, 6 a 9919 j b ., ��sTijrf ax��s��n'�fluts' a;;/k ,-' P , wb ,s.m p")44'" ,.,93.:.�f 3:�3,`l'`yrd l T t r a & �a z t .; 'o- c, P A f 071, �*n '��`s~"ll 11 ..z t,; - 7 w" , .M r � � ,� a"H.w. CHAIN IANK � �,�,1� a TYPE t ,.. u.M:... .. .. , �. �.' '_. t� E yr M ' 4 5 sz m � s:�xhu t. ,a.."..a....«. ,f@., ,.... .,.....� q z,¢ H� �. #. OOFLA G E4 '%''5Ak l .e r '#a IU NFT' r +:# " o ,. ._ ""'' t.. t vi.° z' "b # ...,�., "'.7,.wjy,'...;�S ,". bn f f4 n� } 4�." ..a..,..,. - � u " ,u , r z 611-&Ar "6 9 x r , .. ft t .se,--. y^'" _ea .,,.'✓rA'4 s,w, ; �� t 4y� .aumri8 } 4 .... # ( k fi # HIJ .>71. 3 air i'b. mea .,. 3f Ki,"0 .g xr t wr. DA {{ .M Page 190 of 701 }L�.7y Lf 9 ung - insure b y2018 Saavedra ffiC Vorfes, xtWineenng wo Z Boynton Beach Brvd Boynton Pro Furnish Install approximately 465 LF of 6'high l3lackt i link fencewith 9' degree barb arms. $9,410.00 q FurnishInstall +1 gate. 4'Pedestrian gate $575.00 Each $575-00 Furnish Install n + i Cantilever Iii ' li i r i #i (Install t Each sy ach Remove and dispose aftits of existing fence. !.ro 1, 31 I . f DEDUCT FOR NO BARB ARMS OR BARBLESS WIRE MATERIAL -$200.- LABOR$500. TOTAL ®s AN c r r smeeway4 or m8jwwwd&wwbW. . Vm t ftr-1.5'ay-S Thank ym CMmerefidWfinator 2885 SE Jefferson Street -Stuart, FL one: - Fax-772-283-2565 h:rqa@Dan1eIsFeugA&om Page 191 of 701 E)anieC5 ,Tence CRS. All Types Licensed n ed Insured 1 , 2018 mars S a Pubrw , ErgitwerfiW ioo E. DoyWon Beachiv Boyntan teach, 33435 ftwosaf ParkVW Lot -WT iP Avenue Boynton Be"_f.0 Furnish and Install approximately 245 LF of V high Blackvinyl chain link fence withV barbless wire with 45 degree barb arms and one 30'wide double st . 245 LF $47aS -CY 1 Furnish and Install approximately 245 LF of Whigh Black vinyl chain link fence and one 30'Wde double s gets. 245 LF $41-50 LY TO Id -- " f 2W Lo s . . Vue to for is days Ifiant you, Ronxagao 2885 SE Jefferson Street -Stuart, Fl. 34997 a Phone: 772-283-2383 a Fax.772-283-2565 E-Mail:... _ ......::.....11 °______m Page 192 of 701 am MAM bl) 0 man has 006 A di low maw P-6 en me 0 IS P4 ts Greco-Arencibia, Addarma Saavedra, Marc enesday,January 23,2019 9:14 AM ® Greco-Arencibia,Adrianna Subject: FW: Palmetto Greens Fencing I guess it was approved at last Tuesday's meeting on 1/15.See below.Tell me if there's something you need that can't be retrieved that way. Thanks, Marc Saavedra -- Associate Engineer Public Works, Engineering Mailing Address: P.O. Box 310 1 Boynton Beach, Florida 3342 Physical Address:3301 Quantum Blvd., Suite 101 1 Boynton Beach, Florida 33426 - 561-742-6267 561-742-6357 SaavedraM@bbfl.us IQ, 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. From: Mack,Andrew Sent:Thursday,January 17,2019 9:15 A To:Saavedra, Marc<Saavedra@bbfl.us> Dunmyer,Gary<DunmyerG@bbfl.us> Subject: RE: Palmetto Greens Fencing This was approved at 1/15 meeting to add project. We can now submit for a PO for fencing. Andrew Mack, P.E., CBO, LEED AP Director of Public Works& Engineering Public Works Mailing Address: P.D. Box 310 1 Boynton Beach, Florida 33425 I Physical Address: 100 E. Boynton Beach Blvd. I Boynton Beach, Florida 33435 561-742-6201 1 Ja 561-74,2-62-11 � F ..k MackAbbfl.us boynto -beacl .org/ 1 Page 194 of 701 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:Saavedra, Marc Sent:Tuesday, November 13,2018 11:10 AM To: Mack,Andrew< ack bl. s> Cc: Dunmyer,Gary<DunmyerGpbbfl.us> Subject: RE: Palmetto Greens Fencing Hey Andrew, Is this what you want to see—the$18,383.75 from Alpha -or would you also like a copy of their bids? Palmetto Greens Linear Park- FencejQMgLks Summary - ----------- - Park Installation Parking Lot Install Total Daniels $12,160.00 $6,500-00 $10,167.50 (Ind) $29,177.50 Alpha $11,166.25 (Ind)—_ $7,217.50 (Incl) $18,393.75 Budget $13,996.00 $1,222.00 $8,193.00 (Ind) $23,±ILOJO Marc Saavedra Associate Engineer Public Works, Engineering 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.,-6267 561-742-6357 SaavedraM@bbfl.us I boynton-beach.org/ El 93, 0 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:Mack,Andrew Sent: Monday, November 12,201812:57 PM To:Saavedra, Marc<SaavedraM@bbfl.us> Cc: Dunmyer,Gary<Dunmver G@ > Subject: Palmetto Greens Fencing Marc: I am trying to get item on CC meeting for 11/20 and need final number for fencing to include as back up. 2 Page 195 of 701 Andrew Mack, P.E., CBO, LEED AP Director of Public Works& Engineering Public Works Mailing Address: P.O. Box 310 J Boynton Beach, Florida 33425 Physical Address: 100 E. Boynton Beach Blvd. I Boynton Beach, Florida 33435 561-742-6201 I 561-742-6211 MackA@bbfl.us boynton-beach.or 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 196 of 701 PURCHASE ORDER CITY OF BOYNTON FLORIDA BEACH, PROCUREMENT SERVICES DEPARTMENT 3301uat Blvd. i 101 P.O. d; P.O. 190807 BEACH,BOYNTON FLORIDA 33425-0310 DATE: 02/15/19 VENDOR 8885 SHIP TO: TO: AQUAGENIX City of Boyntoneach 1965 W. 9TH ST. #A RECREATION ADMINISTRATION RIVIERA BEACH, FL 33404 3301 QUANTUM BLVD. SUITE 101 BOYNTON BEACH, FL 33426 REQUISITION NO. 73237 ORDERING DEPARTMENT:ENT: ECF TION AND PARKS BATE NEE RID 0: COMMISSMN APPROVED: � EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST 1 15498. 00 DL REMOVAL OF ALL NON-NATIVE WOODY 1.0004 1.6498. 00 CANOPY SPECIES AND woody shrubs from t1ie- Galaxy Sand pine Scrub Preserve,._...5. 8cre1 Nxrth :.the galaxy, E3 Eleme31e1QQZ Tree.. ...... shre wa b maa��.�.ly- cut and s�.acked i� pia�e� at cTe6igned locatzon tr wi1 beNX tie d wdth herb-t;ride ts�; Xr3.11' A> Zageni ' will erorm the se xces as specified ithe C�ty' s S. 0 e p Work r t he Galaxy Scrub far: . E 7'haricem6ri P 'eft. 6AX Y SCRUB PARK ..ENHANCEMENT: PROJECT PROCUREMENT zERt�ICE P.O. TOTAL: 16496 .00 ACCOUNT NO. PROJECT 141-2730-572.63-12 PURCHASING Page 197 of 701 al m I I U I r-4 r-f I 1 z r 1 "i V4 I I H I Ln LCI W 1 1 1 H H I r W 1 N M I 1 1 1 1 H H r E-I r� F r r a M 1 a W W ! O a° a I I 1 v A Q I I I ko W >1 01 e 00 I I I I I W 1 I I I I 1 I H W W 1 m7 I I H H W I I z fl I 1 1 d 110) 1 1 9 1 I I 000 I I I A co 1 1 Za 0 I W 1 0 Q I [3 6 I y`Y 1 U} I 0 0 1 f dp W d 1 I 0 F U i m ON I 1 U W I tl 14, 1 I W L$ C6I-j I ® P! i ri H C1 PWr 1 H 1 ® 1 F HFi o 000 1 f� I M W x H I O 0700, 1 N W H U 1 0 F+ O 000 I O h U W I rt O H I H y F F X 6 0 I 'Jr 'ted b. 0 U I H m 0 IPE I F 0 F Z P!] V Ln Ih I C� I d H w N m 0 1 a W 1 F � ri N N 1 M Lf) EQ F74 V1 co 1 F 4134coO i 0 I q i O U z I IX 1 W I zO W I O ON >4 I o 9 � 1 � a H W to r4 m H i i W i H '" W WV' 1 r�i i IW7 i F N QO 1 A f i z H W W I �j �` O H In 4J dQ 1-4 Hu� I HAf+EIl-rlJJ 1 U M W b 1 U p W(D gr-i$t-H04 1 Ch F Na W1 004uyYOQJ3xU i I-1 sn ! W(a144JJ m 0.r-14 rq 4 e�• 1 I yi v,-a•�a I NN.,rd 3JJS b-I (d 0 1 O W 1 O•rl b1 trip 0N W '1d d I 1 0, m V g;H W 1 H a 1 �.0 �a)�4� az I aH JJ P u • QJ O I W A+ z I QCOLPWr� j0H44Ed M UU i �Z O O 0401-i•r4 W z I p I d>T b •r-,I CJ`Te W O I F 1 K G'0 JJ,X 0)SE -H 1 W I fdf 1J b•.1 fa WP I F 1 W r-I P U 0 m ri p I 5 a T, r >00M'004J 0 ZH NU O d r "O44wQJr1 WO Zw F 0_14 0 0 C7 C7 I H a Iy` 1 m E r dQ)�m 4 •W� I W 1 1 JJ Q) JJ 04 0 Q)JJ JJ A I a I U U I d 01-i�• ,Q•�k4 v En� I N W W I 7-a{}rd 010 m 14 Y 0 1�(�A 1 r-I pj W r u O 0 m m 8y 4-4 O ey^W f q+l 1 -lwmufdC70w1walam r N fA O Iz 1 ,QM �J fd JJ Q)®JJ •• •• I Ln H O 1 NO >ru o Z ,,E,,11 H I OP -P P 3 V QJ Jr M O 1 Fly+ O F 1 4Q)rd>,W 44 5H 1 y]h H PI I Q yy V r-i 4J rd0 QJ A aT. I ON F O H I S40HW(1] a 0 0 r U 4 H IX r °y? CPJ U I O b m E�'rl W:QI Id I IQ1j rl H O v] 1 ®a)Q) P(1)P0 O F W I W O k4 r-i Id Q)W Q)CJ U tr) 1 W Pe A , a 3 a1 W E aJJ RICO W 1 W HM yyW I I W HW I H 1 rn H�Q I I W r-I a Ta r r e-77 I I Page 198 of 701 CITY OF BOYNTON BEACH REQUEST FOR PURCHASE OVER $10�000 Date: 2/14/2019 Requesting Department: Recreation and rWally Majors Explanation r Removal of all non-native woody canopy species aPine Scrub Preserve, located at the City's , to the north of Galaxy E3 Elementary School at 550 NW 4th Ave Boynton Beach FL 33435. This is is for the first phase of a comprehensive parkc c non-native i covers,and ground planting of nativec iconstruction i r m Source 1 Three Written Quotations GSA State Contract PRIDE/RESPECT SNAPS Sale Source i ac Budgeted Item Emergency Purchase Other Contract umber: NOTE: Pricing proposal for purchase must be presented in the same detail contained within the contract. Fund Source r 141-2730-572-63-12 Department Head Date Purchasing t Asst City t City t Form Revised 02101102 Page 199 of 701 Recreation & Parks Department PURCHjAILREQUIEST DATE 2/14/19 SECTION: Recreation and Parks PU 11J TIIFICATION/PROJ ECT: Galaxy Scrub Park Enhancement Project ( see attached) ITEMS- (if more than 4 items, attach company's order form which will be sent w/p.o.) Descriptj ion Ite ntit Price each See attached 1 16,498.00 2. 3. 4. PURCHASING $ 0-$499 no quotes required-use credit card If vendor accepts GUIDELINES: $ 500-$11999 3 VERBAL QUOTES(contact name&phone number required) $ 2,000-$24,999 3 WRITTEN QUOTES (items over $10,000, must complete and attach the Requestfor Purchases over$10,000 form) $ 25,DOO&Up FORMAL SEALED BIDS BY PURCHASING Purchase of a single Item over$750 must be made using a capital account(60 series) PRICE QUOTES(check one): VERBAL WRITTEN: (attach quotes) COMPANY NAME PHONE# REPRESENTATIVE AMOUNT ® Aquagenix '561-881-1291 16,498.00 2. DGC Environmental Services Inc. 772-467-9224 229500.00 3. Environmental Quality Inc 561-575-6778 Katherine Murray 23,550.00 Check here for return of purchase order, return to VENDOR NAME: VENDOR# (If vendor not in system,a completed W-9 must be attached) ADDRESS: �00 0\) f4*L')'-4 - PHONE#: L Remember to use the Inventory Tracking Form,If appropriate,when you receive your Items. Refer to department APM policy"Inventory Control"for details. ACCOUNT NUMBER: 141-2730-572-63-12 PROJECT#: (lf applicable) SIGNATURE- APPROVED BY: 5,.\Remation&Pa&Shared FJksWms%Pusrh&se Request Fam.dcr,Revised 5/1115 Page 200 of 701 IrCITY OF------ B-OYNTON B B E A C H Revised Scope of SeIrvices: Galaxy Scrub Park Enhancement Pr Ject 01 January 16, 2019 (Revisions to previous scope are marked in red.) LPURPOSE The City of Boynton each is seeking a qualified contractor to remove all nonnative woody canopy species and woody shrubs-,-an4AAne s from the Galaxy Sand Pine Scrub Preserve, located at the City's Galaxy Park, to the north of Galaxy E3 Elementary School at 550 NW 4th Ave, Boynton Beach, FL 33435. This scope of services is for the first phase of a comprehensive park enhancement project. Later phases may include removal of nonnative vines and ground covers, planting of native scrub species, and/or construction of an outdoor classroom. 2. BACKGROUND The City of Boynton each and the School District of Palm Beach County signed an interlocal agreement on March 28, 2012 to irnpmve and manage the Galaxy Sand Pine Scrab Preservation Property, with the following mission: "The parties' mission is to utilize the Preservation Property and Irnprovernents to farther environmental education, environmental stewardship, environmental research and environmental curricula serving all ages and educational levels." The size of the conservation area on the property is 5.93 acres according the interlocal agreement (see attached map and aerial photo). The goals of the City and its partners(Sierra Club, School District of Palm Beach County, Florida Fish and Wildlife Conservation Service, community partners) are to improve and increase habitat for gopher tortoises (Gopherouspolyphemus)on the property, enhance the existing nature ti-ail, and provide outdoor educational opportunities for the students of Galaxy Elementary. In 2018, the City and stakeholders organized five volunteer exotic removal work outings. The to now recognizes that in order to meet the above mission, commercial clearing by professionals is necessary. 3. SCOPE OF SERVICES The City is requesting proposed cost estimates for the Galaxy Scrub Enhancement project to include the following scope of services: The contractor shall remove all normative, woody canopy species and shrubs from the preserve by manually cutting stumps to the ground and treating them with the appropriate herbicide. Page 201 of 701 The contractor shall follow Best Management Practices and University of Florida IFAS treatment methods for each species in accordance with the MSDS and herbicide label instructions. SO &i�,e all--nemafive N4nes ffem,"--r-esewe- • 'Me contractor shall remove the biomass to the swale on NW S'11 Ave, aex4 to the gate-, on the no side of the property. The City will dispose of the debris. • The target exotic species include Brazilian pepper(Schinus terebinthifolius),umbrella tree(Schefflera spp.), and all woody exotic tree and N4rkes species listed in Category I or Il on the Florida Exotic Pest Plant Council(F PPC)Invasive Plant List, 2017. • The work shall be conducted using only manual and all low impact equipment. • Herbaceous scrub plants and gopher tortoise(Gopherouspolyphemus)burrows shall be Ragged for protection prior to the commencement of work. • The work shall be supervised by a Florida licensed herbicide applicator and experienced personnel. The cost proposal shall include all supervision, labor,transportation,planning,herbicides, equipment, and stacking of material for removal by the City. The work shall be conducted in accordance with local, state and federal requirements. 3. CONTRACTOR SITE VISIT 'Me City and partners will coordinate a mandatory site visit for proposing contractors to walk through the preserve before developing and submitting their cost proposal. The specific size of the treatment area will be delineated during the site visit. 4. CONTRACTOR RESPONSIBILITIES The contractor must be licensed and insured and provide a Certificate of Insurance to the City. Work is to be performed during normal business hours, Monday through Friday, and is not expected to disturb school operations. The contractor is to access the preservation property from the north(NW 8h Ave)and not through Galaxy E3 Elementary School. The contractor is not to disturb the athletic facilities adjacent to the preservation property. The perimeter chain link fence may be rolled back, and fence supports may be removed if needed, to facilitate hauling of vegetation to the road. Any damage to the existing perimeter fence must be repaired or replaced to the City's satisfaction. The City's Park Ranger will monitor the property and be available to respond to the contractor as needed during the project. 5. CITY CONTACT Rebecca Harvey, Sustainability Coordinator Boynton each Utilities 124 E. Woolbright Rd. Boynton Beach, FL 33435 Phone: (561) 742-6494 Email: HarvevR.6bb .us 2 Page 202 of 701 A D 8 e 5 E P V E S C 0 /%A P A 14 Y MANAGING YOUR ENVIRONMENrAL NEEDS Special Service Agreement City f Boynton BeachUtilities 124 E.Woolbright Road Boynton Beach, FL 33435 Contact:Rebacca Harvey Phone:( 1)742-6494 Proposal ID 106166 1/29/2019 Ian r Completion Of Work We are pleased to quote special pricing as follows Galaxy Scrub Park Quantitr Descriptioni it Price Extended Price 1 Remaval of all non-nadve woodyno species andy shrubs No $16,498.00 $16,498.00 from the GalmW Sand Pine Scrub Preserve, . ,North of Galaxy lementary School.Tl be manually cut and staclmd In pleces at the North perimeter at designated locations.Stumps will be treated with herblicidekill. AquagenN will perform the services as specified to the C' a No of Work 1br the GalaxyScrub Park Enhancement Prqect. Total $16,498.00 Is offer is good for twenty one( 1)days from date of quota. I n . DO 'I PAY FROM THIS -INVOICE PO ]��—Itgo? AQUAGENIX CUSTOMER PRINTP PJ7 DATE DATE BRANCH OFFICE 1965 W.9th Street. #A l Riviera Beach FL 33404 Phone 561,881.1291 1 Fax 561.SBI.1293 www.aquagenlxaquafics.com Page 203 of 701 v �r Yl c � r 1 I h i { y S f r' 1 i�,: ��`•.;�� Z'. '1 � � �1 � �� ` �� i��ll 4's-. i I� l+s it j 1 1 4 1 h � f S � M1 Page 204 of 701 #M"Wiw cow or P.R. 24 PC. Vow '4 R 'LMI mc -43 am 1 lit x s OF TRMSPORrATION La. "OEM IFAINESS . * " P.O. T MM PIL IW . .M P i �proi PAGE Ma POINT OF MONNINO. Piii POW OF MMMENCENIEW Y SES. SECROM P.Ox . . STAYE RM :q�ro q OMMNE TpT A OF 1 moi. �ffi i lx�tamolmser's 11 sv" Mill— CONSERVATION Page 205 of 701 ENVIRONMENTAL Special Service Agreement REVOO 7. SERVICES,INC. 12-03 -2018 Proposed . Rebecca e Sustainability ` nator Boynton Beach City of Boynton Beach 124 E.Woolbright Rd. Boynton c ,FL 33435 (561)-742-6494 HarveyR@bb - . s ProjectlSite Description: i c Preserve located telt' Cres total) Revenue ed to perform the following services: Removal of invasive tree and shrub species from the 8 Acre res e.Ali cut stumps will be cut low to preventtreated 't herbicide to prevent regrowth.AD cut mto ' e e moved to the predetermined area for removal by the city. Muche e done by hand to ensure minimal damage to e native species in e preserve. This SSA includes any and all Labor, equipment, herbicide that will be requiredto completethe project. AM herbicide will be applied by and under directionthe 'c the services as specified e City's Scope f Work for the Galaxy Scrub Parke j TOTAL: $22,500.00 853 S. Highway 0 Fort Pierce, FL 34945 OFFICE (772)467-9224 (772)467-9226 E-mail: office@dgcenvirommental.com Page 206 of 701 1. Special Service Agreement ENVIRONMINTAL V00 MEMNIFICATION : Payment:Monthly invoices are issued the first week of the month for the prior month's service. These invoices are due upon receipt. Insurance: DGC EnvironmentalServices,Inc.maintains e liability,worker's compensation,and automobile insurance. General Conditions: Either party may cancel this agreement with just cause during the term of this agreement upon thirty(30)days written notice. Just cause is defined as the failure to comply with terms of this agreement. If agreement is terminated before the Rill contract term,this agreement will automatically revert to a pay-as performed basis. Customer to Signature ate Company Rep. Printed Name _ Company Rep. Signature ate 853 S. 's Highway * Fort Pierce, FL 34945 OFFICE (772)467-9224 e FAX (772) 467-9226 E-mail: offic-,(@dece.nviromnental.co Page 207 of 701 Environmental Oualfty,Inc. Erwironmental Science&Planning Environmental Quality, Inc. 212 US Highway 1,Suite 18 Tequesta, FL 33469 Phone: (561)575-6778 January 31,2019 Rebecca Harvey Sustainability Coordinator Boynton Beach Utilities City of Boynton Beach 124 E.Woolbright Road Boynton Beach, FL 33435 Sent via Email this date to: Rebecca Harvey @ HarveyR@bbf1.us RE: Proposal to conduct exotic invasive plant species treatment-Galaxy Scrub Park Enhancement Site in Boynton Beach, FIL Dear Ms. Harvey, It is my pleasure to respond to your request for a quote to conduct exotic invasive plant treatment on the 5.93-acre Galaxy Scrub Site in Boynton Beach, FL. After review of your request, Statement of Work and a participating in a site reconnaissance, I am confident Environmental Quality, Inc. (EQI) is both interested and quite capable of providing an excellent work product to meet your project goals of treatment of all FLEPPC Category I &11 woody plant species within the designated area. Please consider this letter as an indication of EQI's strong interest in conducting all work necessary to complete this work. We propose the following work plan: * Treat all Category I and II woody exotic invasive woody plants and shrubs and place the vegetative debris along the swale area on NW 84h Avenue to the north of the conservation area. if necessary,the fence will be rolled back to facilitate placement of vegetation. Vegetative debris will be removed from the street by the City of Boynton Beach. • Work will include one initial treatment to reach 95%control of Category I and 11 invasive species within the area. EQI will use the cut stump treatment method for all woody species. EQI will take extra care to identify and avoid impact to native plant species on the project site, especially threatened and endangered species identified by the City of Boynton Beach and their partners. cl Herbicide formulations include: ■ woody species- 15%Garlon 4 (and for any tree legumes 30%Garlon 4) using Brewer's basal oil/JLB oil as the adjuvant ■ herbaceous invasives-3%glyphosate with surfactant and dye. • EQ1 will be careful to avoid impact to fauna in the project area, especially gopher tortoises (Gopherous Polyphemus)and their burrows locate throughout the site. • We understand that vehicles with trailers and off-road ATVs may be used to access and remove vegetative debris from the project area,with minimal impact to the ground. our proposed cost for this work includes all labor, materials, equipment transportation and supervision by a FDACS licensed Pesticide Applicator for a Not-to-Exceed amount of$23,550.00. Page 208 of 701 Rebecca Harvey Page 2 of 3 January 31,2019 Environmental Quality, Inc. will perform the services as specified in the City's Scope of Work for the Galaxy Scrub Park Enhancement Project. Please do not hesitate to contact me if you have any questions or require additional information. Our office telephone number is 561-575-6778 and my cell phone number is 561-714-4172. Thank you for the opportunity to perform this important work. I look forward to hearing from you in the near future. Sincerely, -IV Katharine Murray Work Authorization: The City Boynton Beach, Florida, by its authorized representative's signature below, authorizes Environmental Quality Inc. (EQ1)to proceed with the necessary work to treat invasive plant species in the Galaxy Scrub Park Enhancement site in the City of Boynton Beach, FL in accordance with specifications for a total compensation not to exceed$23,550.0 without prior approval. City Of Boynton Beach, FL Date Authorized Representative Page 209 of 701 Rebecca Harvey page 3 of 3 January 31,2019 MANORS P® ® 24b P& IM KRIM ®ecma �m� WLSMY onmm OF 1W WIN UK OF A0&W=KOM AND sot PLACA N Lr r4 SEC all imam—,.BLVDDOU"ARD s q :"-. RjMDA DFPARTMM OF 7RANSPORTATIM La UCENSED VANESS pot XA, OMN& R=RDS BOOK PLAT BOOK PK pa �3 s6 r r F ° PAGE PONT OF ® Aga I q P.O � ND .Q p F M ' gq Sys SC a 0 SX STATE ROAD LW. CWMM V RF LR- W4 TMTa -0Wdao co e � 1A Or 17) 1,M lip F VA X MOW H DE CR ON „ 12 UPMO cm CONSERVATION LMD f # Galaxy Scrub Park Enhancement Site in the City of Boynton Beach, FL-(in Hashmarks) Page 210 of 701 PURCHASE ORDER CITY OF BOYNTON FLORIDA BEACH, PROCUREMENT SERVICES 3301 Quantum Blvd, Suite 101 P.O. #: 190849 P.O. BOX 310 BOYNTON BEACH, FLORIDA X3425-0310 DATE: 02/28/19 VENDOR 1389 HIP TO: T0: HARDRIVES OF DELRAY City of Boynton Beach 2101 SOUTH CONGRESS AVENU EAST WATER PLANT DELRAY BEACH, FL 33445 1620 S. SEACREST BLVD. BOYNTON BEACH, FL 33435 a' REQUISITION NO. 73253 ORDERING DEPARTMENT:T: IL PWT/MR GATE N EOEM 51O O: COMMISSION APPROVED- EXTENDED LINE#$ QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST 1 1. 00 DL EXCAVATE AND PLACE SLUDGE 15000 .0000 15000.00 MATERIAL in designated .stockpi:le. area Price anQludet�:: q-b" - :t i:on;: however ...:::.........;<:.. ><:. based Q13 t;3ie rm�s that:-the drag 1j,'..' > Ye t~: on site w13 n q' t �x us$YM. bence comp i f red. R MARon 1 Mt7VAL. AIJD ST Cx-p -k OF SLUDGE MATERIAL ! QM EWTP PROCUREMENT SERVICES: Tp-O- TOTAL: 15000 .00 ACCOUNT NO. PROECT 401-2611-536.49-17 PURCHASING Page 211 of 701 CITY OF BOYNTON BEACH x REQUEST FOR PURCHASE OVER $ 000 f 14-Feb-19 Requesting Utilities- t Contact Person: L. Liberus Explanation for Purchase: Removal and StockpileSludge material from East Water Treatment l nt. r , r 7r Three Written Quotations EJ GSA State Contract PRIDE/RESPECT SNAPS Sole Source Piggy-Back BudgetedItem 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: 401-2811-536-49-17 Approvals: Department Head Date Purchasing t Z ,W , Asst City p..... City t Form Peds 07/02 Page 212 of 701 d1 1T I I U � 0 coW I I N 0 I W 1 HN fn H P4 I m I Ho 0 I 1 U O H I I 1 U H s�-a® 0 0 OH i uY 0 H LO I I �E > r [ p 0 H65 I I U p I I i I W I I 01 � I 10 I GTd I �I] b E-4 I o 4 1 ®^y i O 01 I I o H Nu l 0 0 ' 1 0 W yai }� I 0 0 I I W I 0 O I E+? 1 tf7 LO H 1� r7 ri r-I UI � F W W W A i 0 �O1 O HH o •• oo w J�y HUI I 0 00 I u3 m O I a z co d fx N Ea U o ® O cs o H W r44 H I O H H O%D 1 yl o O A i Z w mw i H 0 H 1 H Or I Cf1 .4 i Til a [ a LV O m r 0 9D � 1 0 V Z W H I A 0 a I I N F-3 w H a i i i s d a0 W I i EA E� z P4 A W I I I H W W I 044 [r] 0 i 11�U O W rd 0 1 V T U i H I SJ dJ aD [ WH 0 1 r o-7 3 b-W u] I H U I H PH U i W I a 90-1 H l zi 0uv€a ww 1 U® W 1 kV O V I a I W[a Z a-s rn I P 1 N H pr{ri u m W W 1 00 eanRe.4�H�� i e-7 H W U W a$..ea Z H UO 4J W CU VWH 1 h a1 61 044� i m O Z 1 jU.q a)•rl .. .. I [n H 0 I rOOV Zi HH I 0-r{ H® O I� H 1 W 0 G cll H w H r, P4 I H+4 asOWon 1 Oro H a bx � q��N-�i°O-�4r�-IOUpq i Uo H O � I �,'P4 w 0 7 r V p H W IDCG aC G o U raB r f� A I W-H A O U [ W W I P. H W I I W 'eta z fx U] W I H 11 I 1 a [ 1 Page 213 of 701 REQUEST FOR REQUISITION TF . 1 l- T58 ® ISITION# 732 Clerk: M. Roberts Procurement Asst, Director: City ger(non budgeted and/or$5000+ ; PURCHASE:REASON FOR Removal and stockpile of Mudge material from . INFORMATION:VENDOR DIVISION. = INFORMATION: Name: Hardrives, Inc [A7dm1n. ( } ate: 02119/2019 ASAP ( ) Address: 2101 South Congress Ave Engineerr in ( } ate Needed: 03/8/2019 Confirm. ( } Delray each, FL 33445 Gust. Rel. ( } ASAP/Conf. ( } Distribution ( } BACKUP DOCS. DELIVERY: SUBMITTED. Phone( nt ): i lmore star uaL ( uotes erbal ( } E.Admin. 40 ( ) aver$500 7 561-278-0456 Pumping ( } Quotes/Written { ) 41 (X) ,_ aver X2000 Vendor Number : 1389 PWTreat. (X Bid Does. ( } W.WTP42 ( } Meter Serv. ( ) Sole Source Ltra { } /U 99 { ) INITIATOR" Sewage ( } Insurance _ ( } Special instructions- Requirements, uirements, tr .r. Project Number: uan. Unit Price Description—&Part Number Fuad Dept Basic fern b` Amount 1 $15,000. 0 Excavate and place sludge material in 401 2811 536 49 1 15,000 designated stockpile area Price includes mobilization; however it is also based on the premise that the dragline can be left on site when not in use, or will be removed once complete, If required TOTAL 401 2811 5 49 1 $15,000. Page 214 of 701 The City of Boynton Beach IV F—Wo offidgim Road Boynton Beach,Florida 33435 Phone(56.1)742-UOO FAX(561742-6298 OFFICE OF THE DIRECTOR OF UTILITIES QUOTATIONS ITEMS REQUESTED: Removal and stockpile of Sludge material from EWTP, VENDOR#I: Hardrives, Inc DATE: 01/31/2019 CONTACT PERSON: Craig K. Elmore,VP PHONE NUMBER: 561-278-0456 QUOTE: $15,000.00 VENDOR#2: ev-Land Demolition& Site Inc DATE: 02/14/2019 CONTACT PERSON: Carl Deveaux PHONE NUMBER: 561-585-6370 QUOTE: $34,560.00 VENDOR #3: M.0 &M Construction Corp DATE: 01/30/2019 CONTACT PERSON: Clebert Merat PHONE NUMBER: 754-248-1155 QUOTE: $275,000.00 (quoted for 2-3 times per year) $91,666 for one time dredge � ATTACH THE ABOVE QUOTATIONS TO REQUISITION AND SEND TO PURCHASING DEPT. Page 215 of 701 DRIVEW"S 6 PARKING ,AREAS 0 STREETS GRADING ROCK & FILL 0 CONCRETE WORK DRIVESp INC., PISONE 561-278-U456 2101 1- - 2101 SOUTH CONGRESS AVENUE FAX 561-27 8-2147 DELRAY BEACH, FLORIDA 33443-73918 QUOTATION January 1,2019 TO: City of Boynton Beach Leon Lie s,Chief Operator Boynton Beach Utilities hone: (561)742-6953 5469 W.Boynto S 1)742- o ach Blvd. Email: liberuslIbMus Boynton ach,FL 33437 NAME OF PROJECT; e l and Stockpile oflu tril LOCATION: Boynton East Water Treatment Plant,Boynton Beach,FL PLANS AND SPECIFICATIONS. As Describedto E PROPOSE TO FURNISH ALL LABOR,MATERIALAND EQUIPMENTTO PERFORM THE FOLLOWING: Excavate and place sludge materialin designatedstockpile r . Lump Seg $15,000.00 NOTES: Price includesmobilization;however, it is also based o 'te premise that the dragline can be left on site when not in 4se,or will be removed oncecomplete,if required. The price on this Quotation is valid for 30 days. Thank you. ACCEPTEDY: HARDRIVES OF DELRAY,INC. raig K. Elmore,Vice resident RDRI S CANNOT GUARANTEE OR BE RESPONSIBLE FOR ROCK BASE WORK CONSTRUCrED BY OTHERS: Power ring and fast starts will damage asphalt. We cannot be held responsible after completion of this project. Grass and weeds will grow through asphak.The control of these is the responsibirdy of the owner of the property, Buyers signed acceptance will constitute a binding contract. In the event there Is any default in paymentsdue under this contractand the same Is placed in the hands of an attomey for collecdon,the purchases /or purchasers agree to pay all cost of collection,Including a reasonable atiorneys fee. Page 216 of 701 page 1 of 1 cA ® Y) k.1__ CERTIFICATE OF LIABILITY INSURANCEx9/28/2019 T I TI iC T I I INFORMATION Y I TCERTIFICATEL I FICT � T AFFIRMATIVELYORNEGATIVELYR LT T C Y TPOLICIES BELOW. THIS CERTIFICATE F I T TIT g CONTRACT THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE C a AND THE CERTIFICATE . IMPORTANT: I the cartificate holder Is an ADDITIONAL INSURED,the polis les)must have ADDRIONAL INSURED provisionsr be en If SUBROGATION IS WAIVED, subject the terms and conditions of the policy,certain policies mayrequire an endorsement. Brat on this os to does not corder richts to the certificate holder in lieu of such n o s sn s)® PRODUCER CONTACT NAME: Willi® of Florida, Inc. ONE 1x87,®945®7378 F 1®ggg- fs7-2370 c/o 26 Century 1 Nc P.O. 305191 A®O PL cartiicatas llic.c Rash lle, 372305141 R AFPOROI C E CO INSURR : is is Tae a 10535 INSURED Ih95U 0 eric r he® Li ility 1ra�er ca 26247 NSrdri s of Delray, Inc. dba i a, Inc. ttzi Steve Sl zak INSURERC: 2101 S. Congrese Avenue INSURER D Delray Beach, FL 33445 INSU R INSURER F:- IFIL : 826097 REVISION IS IS To CERTIFYT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. I ST DING ANY REQUIREMENT,TERM OR CONDITION of ANY CONTRACT OR OTHER DOCUMENT NTHSPECT TO WHICH THIS CERTIFICATE Y BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDEI3 BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLILISIONS AND CONDITIONS of SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, IN SR E OF INSURANCE AI30L R POLICY EFF POLICYEXP POLICYNOMBER P3 O LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1.000.000 CLAIMS-MADE CUR RREMISES Esoccurrence) $ 300,000 A MEI}EXIP(Any one person) $ 10.000 r OLO 0165301-03 10/0112018 10101/2019 -PERSONAL4 ADV INJURY $ 1.000.000 GENT.AGGREGATE LIMIT APPLIES PElt NERALAGGREGATE $ 2.000,000 POLICY JET LOC PRODUCTS-COMP P,AGO $ 2,000,000 ER® $ AUTOMOBILE LIL ecca C SINGLELtAfl $ 1,0008000 ANYAUTO BODILY INJURY(Per Person) $ OWNEDHEOUL 0185300-03 10/01/2010 10/01/2019 BODILYINJU (Per aoddeng $ AUTOS ONLYAUTOS HIRED NON-OWNED G $ AUT ONLY AUT ONLY r 'de t. $ UMBRELLA LIAR CUR EACH OCCURRENCE CESS LIAR CLAIMS-MADE G TE $ OEI3 I RETENTION $ WORXERSCOMPENRATION PER Y° t9T#1- AND PLO °LIABILITY ST I LITE ER PROPRI AR ERi ECUTIVE YIN E.L. I3 ACCIDENT $ 1.000,000 OFFICE EMSER CLUOEC? c NIA WC 0156653-02 10/01/2018 10/01/2019 In Mm E.L.DISEASE-CA EMPLOYEE $ 1,000,000 Iftl keunder C If , ONOFOPERATIONS beloE.I. SEASE- LICYLIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS 1 LOCATIONS I VEHICLES(ACORD 101, dltPonsl Remarks Schedule,may be aftchad If more space Is uIred) Certificate Halder is included as an Additional Insured as respects the general Liability policy as required fitter. contract. CERTIFICATELCANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED LICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE LL BE DELIVEREDIN ACCORDANCE WITH THE POLICY PROVISIONS. City of Boynton c AUTHORIZED REPRESENTATIVE htns Risk management P, Oo Box 310 Boynton Beach. FL 33435 1968-2016 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo ars registered marks of ACORD an IV. 24005248 za=i 888322 Page 217 of 701 Dev-Land Demofition & Site,, . 11240 Brandywine Lake Way Phone:(561)585-6370 Bq.Ynt4Dn Beach,FL 33 473 Fax. (5 61)732-0106 PROPOSAL TO: City of Boynton Beach Project: Sludge Pond Excavation Proj eat Attn:David Boynton Beach,Fl. The followM proposal is subrmtted for your review and.accqyftmce and co=sts of A.) SLUDGE POND EXCAVATION/DMENSION OF EXCAVATED AREA APPROX- 100' WIDE,25DEPTEL 175LENGTH APPROX. 16,204 CU131C YARDS. B.) EQUIPMENT USAGE APPROX. 3 %WEEKS- Equipment needed: 1.Long stick excavator 150.00 per hour. 2.Front end loader 90-00 per hour. TOTAL PROPOSAL: S34,560.00 Submitted by: ea Dtv"" Carl Deveaux Presideat Accepted by.__.,_.,_.,_._.._._.u. Date: Page 218 of 701 1131/2019 Supplier Quote Data!]-DemandStar User: Cuesta,Juan Organization- City of Boynton Beach Logout DEMANDSTAR My DernzndSlu-i B U y t„ms j%ccount Info FA 9J us View Bids Log Quote [VI ew Quotes] Supplier Search Build Broadcast List Supplier Quote Detail Quote Number AA022 Quote Name LAGOON DREDGING Date Due 1130/2019 1!00:00 AM Eastern Delivery Requirements None specified Response Submitted By M.0&M CONSTRUCTIONS CORP Preparer:CLEBERT MERAT P.O.BOX 1533 FORT MYERS FORT MYERS FL 33901 United States of America Ph:7542481155 Fax: Email;mawdrcassc@gmaii.com Price Award 0 A Description Quantity (per unit of Subtotals Status measure) Dredging of a lime filled lagoon(352,000 cubic feet),Frequency:2 or 3 times a year.Furnish If all labor,material and equipment to perform the tasic Labor,fuel,dredger or dragline, 1. equipment,maintenance,mobilization,demobilization included in hourly rate.The dragline I task $275,000.00 $2755000.00 Award 10 (dredger)may be allowed to remain on site when not in use,Please provide the hourly rate to now? perform the task. `total: $275,000.00 Subtotals will be rounded up to the nearest cent rd Se I Additional Supplier Information Delivery Details 30 Days After Receipt of Order(ARO) Additional Details None Buyer Information Specifications See attached dDCUment Insurance&Additional See attached document Requirements Terms&Conditions See attached document DemandStar is a product of DemandStar Corporation(c).All rights reserved. I Terms of Use I Privacy https:/Avww.demandstar.corrVbuyer/quotes/quote—TSupplierDetaii.asp?qri=l 0112191&qi=121554&on=a 111 Page 219 of 701 6.H. CONSENTAGENDA 3/19/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 3/19/2019 REQUESTED ACTION BY COMMISSION: Approve the minutes from City Commission meeting held on March 5, 2019. EXPLANATION OF REQUEST: The City Commission met on March 5, 2019 and minutes were prepared from the notes taken at the meeting. The Florida Statutes provide that minutes of all Commission meetings be prepared, approved and maintained in the records of the City of Boynton Beach. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? A record of the actions taken by the City Commission will be maintained as a permanent record. 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 Other Minutes 03-05-19 Page 220 of 701 MINUTES OF THE CITY COMMISSION MEETING HELD IN THE INTRACOASTAL PARK CLUBHOUSE 2240 FEDERAL BOYNTON FLORIDA N. HIGHWAY, BEACH, TUESDAY,ON MARCH S ! Steven B. Grant, Mayor Lori LaVerriere, City Manager Christina Romelus, Vice Mayor (arrived 6:40 pm) James Cherof, City Attorney Mack McCray, Commissioner Judith Pyle, City Clerk Justin Katz, Commissioner Absent Aimee Kelley, Commissioner 1. OPENINGS A. Call to Order Mayor Grant called the meeting to order at 6:30 p.m. Invocation Mayor Grant gave the invocation. Pledge of Allegiance Pledge of Allegiance to the Flag led by Commissioner Mack McCray Roll Call City Clerk Pyle called the roll. A quorum was present. Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption Motion Commissioner MGCray moved to approve as presented. Commissioner Katz seconded the motion. Vote The motion unanimously passed. Page 221 of 701 Meeting Minutes City CommissionMeeting Boynton Beach, Florida Marchr 2019 ---------------- 2. OTHER A. Informational items by Members of the City Commission Commissioner Katz had nothing to disclose. Commissioner McCray had nothing to disclose. Mayor Grant indicated he attended the Race to Equity Summit, sponsored by Palm Beach County My Brother's Keeper. It was very informative to hear Jane Elliott the creator of the Brown eye/Blue eye experiment. February 21st attended the Palm Beach County Transportation Agency meeting. Announced the TPA funded Palm Tram updated payment system. Soon everyone would be able to use the bus using a credit card. Additionally he attended the Avita Nova event helping to keep homeless teens off the streets. February 231d he attended the Boynton Barkfest at Crowder Dog Park. Also attended Law Day at the Palm Beach County courthouse. In attendance was Officer Shalk and the K-9 Hero. Attended the Bless the Badge event. Discovered more about Sgt. John Palmer who passed away in Serbia. Attended the Mayor's Ball to support the Homeless Coalition's mission to end homelessness. February 24th attended the Commander Breakfast at the American Legion 164. Conducted the Gold Coast Band. Next year Mayor Grant requested light show could be coordinated with music. Attended the International Mother Languages book fair at Boynton Beach Community High School. February 25th attended the Safe Street Summit in Miami and learned about the equality in transportation and roads from Former Secretary of Transportation Anthony Foxx. February 26th had a meeting with Hack Lab. Attended Chief Harris' retirement and spoke at Imagine Chancellor Schools. February 27th attended the League of City meeting in Atlantis regarding the 20120 census. Explained the City receives up to $1,400 per person counted. In addition, he attended Healthier Boynton Beach's caregivers 911 at the Carolyn Sims Center. Attended the mandatory HUD training. February 28th attended Aid to Victims of Domestic Violence Heart of Women Luncheon, also attended the Palm Tram Service Board. March 1 st he was the MC at Poinciana Talent Show, which raised more than $4,000 to get a new bulb for the only planetarium in a school in Palm Beach County. March 2nd he attended Yoga in the Park sponsored by Boynton Beach Mental Health Committee. Attended the tennis festival at Barrier Free Park. Attended the Palm Beach County Association of the Deaf to speak about how the City of Boynton Beach could work together. The Boynton Beach Sister City received an award for Communication, which they have with the Sister City in Les Cayes Haiti. March 3rd attended a midnight Sun festival in Lake Worth and saw the wife-carrying contest. March Stn he attended the Hispanic Bar Association board meeting, and met with representatives from U.S. Page 222 of 701 Meeting Minutes City Commission Meeting Boynton Beach, Florida March 5, 2019 ---------------------- Homeland Security and American for Immigrant Justice. Announced there will be an extension of the TPS because of a Federal lawsuit filed. Vice Mayor Romelus had nothing to disclose. 3. ANNOUNCEMENTS, COMMUNITY AND SPECIAL EVENTS AND PRESENTATIONS A. Announcement by Susan McGill of Forest Park Elementary concerning this years performance of Aladdin. Susan McGill, Teacher at Forest Park Elementary, introduced her students that would perform. Palm Beach County School received a three-year grant to perform Disney themed stories. The students performed a skit from Disney's Aladdin. B. Announce the following: Municipal Election -Tuesday, March 12, 2019, 7:OOAM - 7:OOPM for: Mayor, District 1, District III, Special Election for District IV Mayor Grant announced the upcoming election March 12, 2019, for the following districts: District 1, District III, Mayor and Special Election for District IV. Commissioner McCray wished all those running good luck. C. Announcement of the Boynton Beach CRA 5th Annual Blarney Bash by Mercedes Coppin, CRA, Business Promotions and Events Manager. Flyers are available on the table near the door. Mercedes Coppin, CRA, Business Promotions and Events Manager, announced Saturday, March 16, 2019 the CRA would host the fifth annual Blarney Bash at Dewey Park. The event includes the surrounding area along East Ocean Avenue and NE 01 Street. Ms. Coppin stated there would be free parking. Encouraged everyone to come out in his or her festive St. Patrick day attire. Announced there would be a shamrock contest, live music, craft beer, cocktails, kid's activities, Leprechauns and more. There would be merchandise vendors and CRA businesses having products for sale. This event will take place rain or shine. Mayor Grant requested to reconsider the agenda and add a proclamation for Palm Beach Leisureville.Also requested an update on the officer injured in the car accident from Police Chief Gregory. 3 Page 223 of 701 Meeting Minutes City Commission i MotionBoynton Beach, Florida March 5, 2019 Commissioner McCray moved to approve the agenda as amended. Seconded by Vice Mayor Romelus. Vote The motion unanimously passed. D. Proclaim March 2019 as Florida Bicycle Month in the City of Boynton Beach. Mayor Grant proclaimed March 2019 as Florida Bicycle Month. Rebecca Harvey, Sustainability Coordinator, indicated National Bike month was in May. South Florida has such great weather the City was doing this for the whole month of March. Indicated there are so many benefits of biking; it was good for the earth and cheaper than driving a car. Be safe and wear a helmet. Julie Oldbury, Director of Human Resources and Risk Management, explained the "Let's Move" Campaign. Encouraged all to participate in some physical activity. Provided a listing of events: walking Wednesday, Stretching with Sierra Kahn a Certified Yoga instructor. Mayor Grant inquired if the City posted this information on social media. Ms. Oldbury replied yes. Mayor Grant asked if there was an upcoming event. Eleanor Krusell, Public Communications and Marketing Director, responded Community Caring Center was hosting a Family Fitness Day at Veteran Park as well as at the Intracoastal Park Clubhouse. She provided some details of the event. The event begins with a 2-mile walk to the beach; there will be a shuttle to bring the participants to the Intracoastal Park for the Family Fitness Day. Saturday, March 9, 2019 beginning at 7 am until 2 pm. The Community Caring Center was hosting a day of family fun, which features health screenings, exercise and fitness activities, healthy foods, breakfast, prizes, walks, runs, music and dancing. E. Chief Michael Gregory update on officer Police Chief Gregory provided an update on the Officer injured in the incident on Gateway Blvd. The officer was improving every day. The family was appreciative of the support they were receiving from the City and staff. 4 Page 224 of 701 Meeting City Commission i FloridaBoynton Beach, --------------- Proclamation of Palm Beach Leisureville 50th Anniversary, Sunday, March 10, 2019. Mayor Grant read the proclamation for Palm Beach Leisureville's 50th Anniversary. A representative from Palm Beach Leisureville accepted the proclamation. Thanked the City and would like to invite everyone to the festivities. The committee has been planning this event for the past two years. Indicated there would be a laser-light show with music. Resident from Leisureville indicated he was very excited about the parade. Commissioner McCray remembered when they broke ground for Leisureville. . PUBLIC AUDIENCEI II L SPEAKERS W ILL BE LIMITED TO 3 MINUTE PRESENTATIONS ( t the discretion of the Chair, this 3 minute allowance may nee to be adjusted depending on the level of business coming before the City Commission) Dr. Stephanie Hayden-Adeyemo, 2181 SW 15 Ave, 102, formally introduced herself and stated she was running for Mayor of Boynton Beach. City resident, Karen, owns a unit at Norwood, and wanted to enter into the record there was fraudulent court documents filed regarding her mother. She wanted to make people aware there was criminal activity going on in the United States. Mayor Grant Inquired if she had contacted the Florida Bar Association and she indicated she had and stated a letter was received from the Florida Bar Association. Thuy Shutt, Assistant Director CRA, publicly invited, the Community for a public input meeting regarding the Martin Luther King Jr. Development Corridor and the Cottage Infill Housing Development district. She noted the first is meeting scheduled for Thursday, March 7, 2019 at the Intracoastal Park Clubhouse at 6:30 p.m. The second meeting was scheduled for March 13,2019. Letters of notifications went out to the affected community as well as flyers to local churches, posted in all public buildings, as well as on social media. Commissioner McCray inquired how many letters went out to the Homeowner Associations. Ms. Shutt responded she would forward that information to the Commission. Michael Greenberg, Ridge Lane received about 4 inches of rain in 4 hours. The weed line was 42 feet up his driveway. He tried to reach his Commissioner. He contacted the building department and spoke with the Assistant City Manager. He felt like he was getting lip service. He received no response. Requested a copy of the drainage plan, and he was told he could not have a copy. Clarified he received a call from the City Engineer and was confident the City Engineer would work with him. Page 225 of 701 Meeting Minutes City Commission Boynton Beach, Florida March 5, 2019 ------------------------------------------------------------------------------- Mayor Grant asked if this was the first time this had happened. Mr. Greenberg replied he has been in Boynton Beach for 20 years and this has never happened. Mayor Grant said there could be some new developments in the area. Mr. Greenberg stated two houses are under construction in the area. Mayor Grant stated the City Engineer would follow up. Commissioner McCray asked for an update from Mr. Groff. Mr. Groff indicated they were working with the resident to correct the problem. Vice Mayor Romelus interjected he was not being given lip service. She had spoke with him at the Chapel Hill meeting and his request was forwarded to the Assistant City Manager who works with the Engineering Department. Andrew Prodray, 800 North Road, owner of Casa Costa Commercial units. He wanted to update the Commission on the latest code violation; this adds up to 4 within the last three months. Explained he met with the building officials and reached an agreement. Then a month goes by and again Mr. Prodray was cited for the same violation but a different code. Mr. Prodray read the code violation regarding condensation. He was requesting clarification regarding condensation creating a nuisance. His concern with nuisance was it was a suggestive term. He stated combustible material was being stored under the building. He believed this has to deal with the firewood. He explained he had some potted plants near the firewood for concealment. Again, cited. He believed the City wanted him to build an enclosure. Mr. Prodray indicated he would be spending more time at the City of Boynton Beach than at his property. Explained he was one unit away from being fully occupied. The violation notice came from the Fire Department, which cited him for not having a permit. He complied within 24 hours. This was harassment. Commissioner McCray requested the Fire Chief and the Assistant City Manager coordinate and solve this problem. Susan Oyer, 140 E 27th Way, thanked the Commissioners for being so helpful. Indicated residents are planting Northwick Pines. Informed the Commission the trees grow up to 200 feet tall, but was not on the prohibited tree list. Maybe this was something the City should address. On SE 1st Place between 27th Ct and 27th Way, they had 8-10 inches of standing water. Salvatore Falcha, 606 Buttonwood Lane, present for a Code Violation for the Sandalwood Homeowners Association. He was the President of Sandalwood Homeowner Association. He met with the City Code department. The City was unable to explain the violation. The sidewalk goes from Congress Avenue to Miner Road. This was a community of 332 townhomes. Mr. Faicha believed the sidewalks are municipal. The City has always taken care of the sidewalks. The City is asserting the sidewalks are now the responsibility of the HOA. What he was requesting was time to check to see if this was a municipal sidewalk or the HOA sidewalk. Page 226 of 701 Meeting City Commission s 2019. Mayor Grant asked how many days since they received the notification. Mr. Falcha responded January 28, 2019. Mayor Grant stated Mr. Falcha was requesting an extension as well as clarification as to whether this was a municipal sidewalk. If the City put in the sidewalk was the City responsible for the work for the sidewalk. Mr. Falcha noted the City has been repairing the sidewalks at least for the past 12 years. Explained he spoke with Palm Beach County, which informed him that it was a municipal sidewalk. Mayor Grant noted staff would investigate the ownership of the sidewalks. Mayor Grant stated staff would work with the Association and if an extension was needed it would be issued. Mr. Falcha asked if City staff would contact him. Mayor Grant requested Mr. Falcha to provide his contact information to Assistant City Manager Colin Groff and he will have staff contact him. Commissioner McCray inquired if necessary could the 1-cent sales tax be used to repair the sidewalk. Assistant City Manager Groff indicated Code needed to revisit this issue. The 1-cent tax may be an option. Dr. Shantel Hamilton, Florida Career College at 1743 North Congress Avenue, indicated students are here in the audience to see how to conduct a business meeting. Dr. Piotr Blass 113 Tarra Lakes West, loves this City and he loves the Commission. The City needs to get energy from the Gulf stream. The City can now build the tallest building and have affordable housing. He was in favor of a sanctuary City Michelle Abderhalden, 6 Aspen Court, moved to Boynton Beach for the beach. She has been disappointed year after year. She has contacted the Boynton Beach Recreation Department and they did not seem at all interested in what she had to say. Every morning CBS news takes a picture of a Florida beach, how embarrassing if CBS news showed a picture of Boynton's Beach. The maintenance at the beach was nil. She said she has seen the beach rake machine miss the trash each morning. She would like to know how to pursue this farther. Ms. Abderhalden asked for a copy of the Recreation budget. Mr. Howard responded the budget for the Recreation Department was online. Mayor Grant asked if the beach was raked on a weekly basis, and if this was being done by an outside vendor or by staff. Mr. Groff responded this was done by an outside vendor twice a week. Mayor Grant stated something would be done now that the resident was before the Commission. Ms. Abderhalden indicated last year she sent a letter explaining the same issue. Commissioner MGCray indicated residents have been presenting complaints and have reached out to City staff without closure. Staff needs to tighten up on the communication. Requested staff to keep the Commission in the loop. Page 227 of 701 Meeting i City Commission i Boynton Beach, Florida March r 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 (NN 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 openings on each board. He indicated there were two applicants. Motion Vice Mayor Romelus nominated Kathleen Wilkinson as a Student member of the Education and Youth Advisory Board. Commissioner McCray seconded the motion. Vote The motion unanimously passed Motion Vice Mayor Romelus nominated Betty Pierce-Roe as a Regular member of the Recreation and Parks Board. Commissioner McCray seconded the motion. Vote The motion unanimously passed 6. CONSENT AGENDA Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated accompanyingall of the riPublic to staff comments A. -Authorize the City Manager to sin an Interlocal Agreement betweene City and Palmof for participation in Page 228 of 701 Meeting i City i I Boynton Beach, Florida the Drowning Prevention Coalition's ( PC) Learn to Swim Program, which provides vouchers to the public that may be redeemed for swimming lessons at the John Denson Pool. B. PROPOSED RESOLUTION NO. R19-025 Authorize the City Manager to sign and interlocal Agreement with the Board of County Commissioners, Palm Beach County, for the use of ems Grant Funds for Emergency Medical Services Equipment for one (1) Lucas Chest Compression Device in the amount of $10,876.00. The purchase will be made through Physio-Control Corporation of Redmond, WA. C. PROPOSED RESOLUTIONR19-026 - Authorize the Mayor to sign Amendment No. 1 to amend the lease agreement between Palm Beach County and the City of Boynton Beach Golf Course (The Links at Boynton Beach). D. Approve the "Casa ®el Mar Replat" record replat, conditioned on the approval being the certification of the plat documents by the City Engineer. E. Approve an increase to the estimated annual expenditure to Lou Bachrodt Freightliner from $55,000 to $95,000 per City Bid # 068-1412-171MFD. F. Approve the minutes from City Commission meetings held on February 19, 2019. Mayor Grant asked for a motion to approve the consent agenda. Motion Commissioner Katz moved to approve the consent agenda. Commissioner McCray seconded the motion. t The motion unanimously passed. Vice Mayor Romelus thanked the members of the Golf Board for their services. 7. BIDS AND PURCHASES OVER $100,000 A. PROPOSED RESOLUTION1 -027 -Authorize the City Manager to sign contract with Johnson-Davis, Inc. for the New Palm Way & Lake Street Stormwater Improvements project, Bid No. 007-2821-11TP in the amount of $199,990.00 plus a 10% contingency of$20,000 if needed for staff approval of change orders for unforeseen conditions for a total expenditure of$219,990. Page 229 of 701 Meeting Minutes City Commission i Beach,Boynton ! 2019 Mayor Grant read Proposed Resolution No. R1 -027 Motion Commissioner McCray moved to approve. Vice Mayor Romelus seconded the motion. Mayor Grant requested the location of the Stormwater Improvement project. Colin Groff, Assistant City Manager, responded the project was located on the east side of Federal Highway, south of North South Road. This intersection has a lot of flooding. Joe Paterniti, Utility Director, indicated this project was south of the Harvey Oyer Park, Palm Way and Lake Street. The project includes removal of four existing drainage structures, new stormwater piping, and connection to the existing stormwater outfall. This area was prone to water ponding and flooding during an actual rain event. Once the project was completed, there would be a reduction in nuisance flooding and an improved level of service to the residents of the neighborhood. Mayor Grant inquired as to the start and finish dates. Mr. Patemiti responded about month after the signed agreements and would last about 120 days. Commissioner McCray asked if the community affected would be contacted. Mr. Paterniti responded once the contractors are onboard, staff would schedule public input meetings to address the concerns and update the residents. vote The motion unanimously passed. 8. PUBLIC HEARING 7 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS The City i t ill conduct these publichearings in its dual capacity Local Planning ity Commission. A. PROPOSED ORDINANCE .1 - - SECOND READING - Approve Boynton Beach Mail Future LandnDevelopment of Regional Impact(DRI)to Mixede L ( L), Applicant: it -initi to . upon return i i ) PROPOSED ORDINANCE .1 - - SECOND READING - Approve Comprehensive Plan'sr Land Use Element text amendmentdelete 10 Page 230 of 701 Meeting Minutes City Commission Meeting Boynton Beach, Florida ---------- March 5, 2019 Boynton each all 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) 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, 201 9) 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'S REPORT A. Review and discuss the Boynton Beach Green Business Recognition Pilot Program presented by Rebecca Harvey, Sustainability Coordinator. Tim Howard, Assistant City Manager explained this was a Pilot Program put together by staff based on discussion with the Commission Rebecca Harvey, Sustainability Coordinator discussed the Boynton Beach Proposed Pilot of Green Recognition Program. The Commission requested an incentive-based program, this program addressed the issue of single use plastic holistically, Data collection on economic impacts as part of the program, incorporate into economic development grants directed staff to move forward with developing a Green Business Recognition Program. Commissioner McCray aSKed it the City met with the businesses affected. Ms. Harvey indicated she met with businesses and indicated she would like to add more actions. Staff decided to move forward focusing on restaurant and food service operators in the first year with plans to expand to all types of businesses. 11 Page 231 of 701 � • • 1 • • • ••' • •'- - • _a - - • s - - •, • • � �' - • • Ir • a •• . � - • • • ' 1l � - • R, • • � • • • • • • •• • • • � .•� • Meeting Minutes City Commission Meeting Boynton Beach, Florida March 5, 2019 ------------------------------------------------------------------ -------------------------- Vice Mayor Romelus asked if they had a number value to encourage businesses to participate in the program. Ms. Harvey stated they could put together some numbers to estimate cost savings for the businesses. Mayor Grant remembered in 2016 regarding the decal program for businesses, which recycled was not implemented. He thanked staff for creating and implementing the green programing. Motion Vice Mayor Romelus moved to approved. Commissioner McCray seconded the motion. Vote The motion unanimously passed. 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. (Tabled to March 19, 2019) 12. LEGAL A. Discuss adoption of anti-lobbying ordinance applicable to City Board Members. (Tabled to March 19, 2019) 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". (Tabled to March 19, 2019) C. PROPOSED ORDINANCE NO. 19-011 - FIRST READING - Approve ordinance amending Part III, Chapter 2, Article 1, Section 5 of the Land Development Regulations to update the City's Green Building Program. Attorney Shana Bridgeman, read Proposed Ordinance 19-011 on first read by title only into the record. Rebecca Harvey, Sustainability Coordinator explained the ordinance related to certifying green buildings. The City of Boynton each Green building program was based on the International Green Construction Code (IGCC). She provided a history of the Green Construction Codes and provided incentives, expedited permitting, fees and tax 13 Page 233 of 701 Meeting Minutes City Commission Meeting Boynton Beach, Florida March 5, 2019 incentives, Green Building fee and created a fund. There were changes amending the ordinance and providing incentives for green building certification for private buildings, incentives for energy efficiency, water efficiency and renewable energy in private building, expansion of electric vehicle ( EV) infrastructure, bicycle pedestrian facilities or transit options for community use. Incentives for private sector recycling, composting or waste reduction activities, development of green infrastructure Motion Vice Mayor Romelus moved to approve. Commissioner McCray seconded the motion. Clerk Pyle called role. Vote 4-0 (Commissioner Kelley absent) D. PROPOSED RESOLUTION NO. R19-028 - Accept the conveyance of vacant lot on NE 11th Avenue from the Boynton each Community Redevelopment Agency via Quit Claim Deed. Motion Commissioner Katz moved to approve. Commissioner McCray seconded the motion. Vote The motion unanimously passed. Mayor Grant requested a discussion on the Corner Stone for the Free Mason at the April 2, 2019 meeting. Commissioner McCray thanked the instructor from Florida Career College for attending the meeting. 13. FUTURE AGENDA ITEMS A. Department to give brief presentation of their operations Police - April 2019 Fire - May 2019 B. Staff to review Development Department's plan review processes to identify efficiencies and technologies to assist with timely review of pland proiects - r 2019 14 Page 234 of 701 Meeting i City Commission Meeting Boynton Beach, Florida March 5, 2019 C. Mayor has requested a discussion concerning a Community ID 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 F. Approve Ocean Breeze East Major Site Plan Modification for multi-family residential (rental apartments) consisting of 123 dwelling units within four, three-story buildings, a clubhouse, community space, and associated recreational amenities and parking on 3.95 acres. Applicant: Paul Bilton, Centennial Management - March 19, 2019 G. Approve Conditional Use and Major Site Plan Modification for the construction of a 1,927 square foot Taco Bell Restaurant, drive-through and related site improvements, located in a C-3 (Community Commercial) zoning district. Applicant: Raymond Funk, Coastal QSR, LLC— March 19, 2019 14. ADJOURNMENT Motion There being no further business to discuss, Commissioner McCray moved to adjourn. Commissioner Katz seconded the motion. Vote The motion unanimously passed. The meeting adjourned at 8:07 p. . (Continued on next page) 1 Page 235 of 701 Meeting Minutes City Commission Meeting Boynton Beach, Florida March 5 2019 --------------------------_________________._..__------------------------- , CITY OF BOYNTON BEACH Mayor- Steven B. rant Vice Mayor- Christina Romelus Commissioner- Mack McCray Commissioner® ti Katz Commissioner-TY Penserga ATTEST Judith A. Pyle, CMC City Clerk Queenester Nieves Deputy City Clerk 16 Page 236 of 701 7.A. BIDS AND PURCHASES OVER$100,000 3/19/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 3/19/2019 REQUESTED ACTION BY COMMISSION: Award Bid No. 011-2515-19/IT to lowest responsive and responsible bidders as follows: • RDK Truck Sales of Tampa, Florida as Primary Vendor for Items 1, 2, 3, 5 and 6; • GT Supplies of Riviera Beach, Florida as Primary Vendor for Item 4; and Petersen Industries of Lake Wales, Florida as Secondary Vendor for Item 4, and RDK Truck Sales of Tampa, FL as Tertiary Vendor for Item 4; for Truck Rentals, in the estimated annual amount of$100,000. The initial term is for two years from date of award contingent upon receipt and approval of insurance. The bid allows for three (3) one-year renewals contingent upon mutual approval and determination that renewal is in the City's best interest. EXPLANATION OF REQUEST: Initial Bid Term: March 20, 2019 - March 19, 2021 The purpose of this contract is to establish firm fixed prices for the rental of trucks that will be used by the Solid Waste Division for all operational functions on an as needed basis per the specifications and requirements as defined within the bid documents. It is intent of the City to place order with the lowest priced bidder, designated as the Primary Vendor; the next low bidder will be designated as the Secondary Vendor, and the next lowest bidder as Tertiary Vendor. Purchase Orders issued under the Secondary and Tertiary award will be issued when the Primary Vendor or Secondary Vendor voluntarily defers the Work, when the Primary Vendor or Secondary Vendor is unable to perform or when the City determines that the Primary or Secondary Vendor's maximum service capacity has been reached (based upon outstanding City Purchase Orders) and additional service capacity is still needed by the City to meet City's service timeframes. In the next 12 months, it is anticipated that the Public Works Department will use this contract for approximately $100,000 worth of truck rentals. On February 11, 2019, the City opened four (4) submittals to this Bid. All four (4) submittals were deemed responsive to the requirements of the Bid. In accordance with the terms and conditions of the Bid, the City reserves the right to make multiple awards for this Bid and to award to the vendor(s) whose bid represents the most advantageous bid to the City, price and other factors considered. Awards may be made to a maximum of three (3) responsive, responsible bidders on an iterrFby-item basis or for all items, whichever is in the City's best interest. The Items will be awarded as per the table below: Item 1 - 26-35 CY Side loader RDK Truck Sales (Primary Vendor) Item 2 - Roll Off RDK Truck Sales (Primary Vendor) Item 3- 26-35 CY Front loader RDK Truck Sales (Primary Vendor) Item 4- 22-31 CY Cherry Picker GT Supplies (Primary Vendor) Petersen Industries (Secondary Vendor) RDK Truck Sales (Tertiary Vendor) Item 5- 30-40 YD Trash Hauler/Refuse Truck RDK Truck Sales (Primary Vendor) Item 6- 27-30 CY Rear Loader Refuse Truck RDK Truck Sales (Primary Vendor) HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Implementation of truck rental contract will provide the Solid Waste Division the flexibility to utilize rental trucks as needed during times of equipment failure or during a post storm event. Page 237 of 701 FISCAL IMPACT: Budgeted This item is budgeted in the Solid Waste fund through account#431-2515- 534.49-17. ALTERNATIVES: Reject all bids received. Resolicit the requirement. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Tab Sheets Bid Tabulation - Pricing D Tab Sheets Bid Tabulation - Responsiveness D Bid Advertised Bid - Truck Rentals Page 238 of 701 F o` E > x E z , o ¢e e E A z - A '¢H H W r 0 E'm'm'm 'm'm'm 4— �m N ` _ E r e z'z'z' z'z'z' z'z'z' a = m LL E z A e m ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' E 'z a zzzzzzzzzzzzzzz E C E E Z U C e a m a< w www www www www www www X11 W X11 W X11 W X11 W X11 W �(D w ¢m ¢m ¢m ¢m ¢m ¢mLL m¢a m¢a m¢a m¢a m¢a m¢a x x x x x ¢U ¢Ux ¢U ¢U ¢U ¢U F Y F Y F Y F Y F Y F Y Z>U_ Z>U_ Z>U_ Z>U_ Z>U_ �Wa �Wa �Wa �Wa �Wa Wa y W �J x x W x W x W x W x W z O zo zo zo zo zo zo w W 2 2 2 2 2 2 O � U m Q oj o o x p U m O m m O m N o }W U m } } < }F N U O U U U U m LL j ¢] ¢] C, m Y U O O U Q U } p 3 ~ M W F J N Q a oM w fn s am p� 0 MD W W ` Q ll O ry O Y m ry Z ry ry E. F w�u� O W j OZ 00 O O Z F W N ¢ F ¢0 ¢ ¢W Q m Q m ~ d' w F o z p m Z Z Z¢ Z U z'o z w W W .. 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DATA ,t „lt, t S��{1v}��tA{II�\1SlJv2t t1\t{1\�1(�`'411tjrljV�1li`;f�} t,{4tt nisi t rt i��v4iv�ts a)i�?S�iii y i vi�ti iU ti 1V11t1wAirls��ll s1�1��iit<Ylii+t i�{�� BID OPENI'NG1 . February 11 201'9�r 52 OttA 7 1. Ott\s)f1;Y r `;sl tufa rI 1t1V1��Ylf r t A 1 1, i tti t � l fi4 St st U1��9S�tla OPENING TIME. tY' :3i ' 11;1 ..r, �LOCAL �(� � lata i2 lt�St !1 �1 V1Q V!£1 tett 1 y i(till_.i it s ic3tilr£�)�i��li1Vt S 31i t 1t}l1Yyt t �)�1t i{�tV��1�1tS( A�1��fit lll�lt ti Ott\1V{}1,ii}rA ttii� r� i 7 � } '£ 711 ilai a�l��`w aS ti't`�1}+11��` �fh,htilfyy ,,,� f lY`tlf�a}fi'� ,t CHASING SEA , , CES, CITY rl}rlili�117jt111t��i\}�1(;rl\7i�1� it t'tt it�iil��!\tt �t}1fi��ty 1ilt�til1 il��4V11,,t, ill k9{Yti�s li r�\fly��1�1'' )s rt�ttt�v�\iV��\t�i,��t9tV)�11z\, iyf��ltrf�li§��f��`v�lh�ttv�il rilli111��IS t A il�'l�ii�\tit��t>)t(itii,t,.... vl ), lsillYii�ltj�l}Sli'h ��t0i�� 'it tlf r3;, Iit 5 �\1a l�z} t?5!a 1) t t `r'• tiis'ti})iVt itl£i�'a4�rf�2�A11�1Y 1� i7v� f�a } \�7}2,�,i (ristlslJf)�hli'S){,. c,}" #`S rt�ltr111f$>>t�ra�lrs2�lf\��If4�V'1\1tPV r 4ili�t' rlit tliaii�}y121)�tltl�islF }aa�\li,i�, til'li�3V}ts4)1iti1!. is is..l t(lrca�isl, tiflat� .}{fSn a�1V1 i�1t�k �II}�}911 )t i tKt iltl\i ii,(rt U�1i Iti�i11s1��)lcittlilltis�y�,. �\t,��li)l it4 si\1 si�ttai'i1�Gt=v f�ll,,++1�`i(Y j�it)I YVY;: 1,�d(llli�;l� 111,': ils(41tt�llf�1't if ;ti a1S;;+1i rV srlar,}�,.:bl��it�llt ti}1}i':,{iitA1 �.t,}i 4�t�i 1l 1p)A1r 1i t�;,ttljr;: V,tiid(\11t At,lv�5; t�11.31yh�1t�� ar1,.:a�s15T1it�zilv),'t�l}I�t,frfvhV')�(V11,_�1�'1V��ts\tfA�t �iAStljl�lwl\�t('sp�sliii7,f�f °alta,,. Itjtl r)"t11��; �r!)i�li 1}i srtt��tytl� ��\��1v1��t�llrYt ysSl�}4��V)jZ}i�)ii�A1g1r 1t st A,,,,Y§�s�{�\I� liis r�s}yt1 X111 E ��lYil�)tSt,t, l��\i1�1�9�(liVl i3tq�t14 t{{t1 �Si�sjllp itJ}l1\{atiVlate fl-.�, i fi�4li�lit4,11}i�ttlfY Il�ytaai tSai-�§aSJll# Vtj}1(iitvtlYl 11��c rt a,t; 1��Ss¢2\1� jSr t�la1�Ec ja\i-�rlvi ti� �.i.a \17�i1 irl5apfa js,.r. t1t11V�iitl}\sirli�ltli�?i)riv}i,j ,'71ti}�)1Gililvitl t r;a�`��'i�l� jl\{til�r�l U-,'Sl t$1�\Sii�thit`�4%h}�'}�i11fj'v`��V�li,�1 ;btS)t�r11191�t 1r5��Ca�i11i1Zy r. .��)ii�{1�t�\14i`�{VI��{a��a�t t}i�a��shi�(ayt (1}�sil,%}t� fir�113��+$tr �}Qrt(r:.. )�riivwilr�hS t4�11�tt�\��}il}1111Q`i\illt��`Iis�lliiV�3ti."'Yi` , Page 241 of 701 The City of Boynton Beach Purchasing Services P.O.Box 310 Boynton Beach,Florida 33425-0310 Telephone:(561)742-6323 FAX.(561)742-6316 INVITATION TO BID FOR "TRUCK RENTALS" BID No.: 011-2515-19/IT Sealed bids will be received in PURCHASING SERVICES, City of Boynton Beach, 3301 Quantum Blvd., Suite 101, Boynton Beach, Florida 33426 on or by: February 11, 2019; No Later Than 2:30 P.M. (Local Time). Bids will be opened in: PROCUREMENT SERVICES-CITY HALL unless otherwise designated. Bids 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 a bid can be considered. If no award has been made, 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 bid. 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, whichever is sooner. 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. 1 Page 242 of 701 LOBBYING / CONE OF SILENCE Consistent with the requirements of Chapter 2, Article VIII, Lobbyist Registration, of the Palm Beach County Code of Ordinances, Boynton Beach imposes a Cone of Silence. A cone of silence shall be imposed upon each competitive solicitation from the time of advertisement and shall remain in effect until Council 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: triestmanip- bfl.us SCOPE OF BID: The purpose of this bid is to establish fixed prices for a two-year term, for the rental of trucks that will be used throughout the City of Boynton Beach for all operational functions. Contact: City of Boynton Beach Purchasing Services 3301 Quantum Boulevard, Suite 101 Boynton Beach, FL 33426 Ilyse Triestman, Purchasing Manager (561) 742-6322 or triest ani l.us Office Hours: MONDAY- FRIDAY, 8:00 A.M. TO 5:00 P.M. CITY OF BOYNTON BEACH - 0- Ag-k TIM W. HOWARD ASSISTANT CITY MANAGER -ADMINISTRATION 2 Page 243 of 701 INVITATION TO BID FOR "TRUCK RENTALS" BID No.: 011-2515-19/IT Section 1 — SUBMITTAL INFORMATION A. The City of Boynton Beach will receive bid responses until February 11, 2019 at 2:30 P.M. (LOCAL TIME) in Purchasing Services located at City Hall, 3301 Quantum Blvd., Suite 101, Boynton Beach, FL 33426 B. Any responses received after the above stated time and date will not be considered. It shall be the sole responsibility of the proposer to have their bid response delivered to Purchasing 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 creates proof of submittal. Bid 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 proposer'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 bid and prior to the award being made. C. If any addendum(s) are issued to this Bid, the City will attempt to notify all prospective bidders who have secured same, however, it shall be the responsibility of each bidder, prior to submitting the bid response, to contact the City Procurement Services at (561) 742-6322 to determine if any addendum(s) were issued and to make any addendum acknowledgements as part of their bid response. D. One (1) original, so marked, and two (2) copies, of the bid response shall be submitted in one sealed package clearly marked on the outside "INVITATION TO BID FOR TRUCK RENTALS" to: City of Boynton Beach, Purchasing Services, 3301 Quantum Blvd., Suite 101, Boynton Beach, FL 33426 E. Responses shall clearly indicate the legal name, address and telephone number of the bidder (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 contractually bind the proposer to the submitted bid. Bidder must note their Federal I.D. number on their bid submittal. 3 Page 244 of 701 GENERAL CONDITIONS FOR BIDDERS 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 equipment and the services provided to the City. Ignorance on the part of the bidder will in no way relieve bidder of responsibility to adhere to such regulations. 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. EXECUTION OF BID: Proposal must contain an original signature of an authorized representative in the space provided on all affidavits and proposal sheets. 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 vendor'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. BID DEADLINE: It is the bidder's responsibility to assure that the bid is delivered at the proper time and place prior to the bid 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. Bids which for any reason are delivered by the deadline will not be considered. If no award has been made, 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 bid. Offers by telegram or telephone are not acceptable. MINOR IRREGULARITIES/RIGHT TO REJECT: Bidders are expected to examine the specifications, delivery schedules, bid prices and extensions and all instructions pertaining to supplies and services. Failure to do so will be at the bidder's risk. The City of Boynton Beach reserves the right to waive irregularities or informalities in Bids or to reject all Bids or any part of any Bid deemed necessary for the best interest of the City. The City may reject any response not submitted in the manner specified by the solicitation documents. 4 Page 245 of 701 RIGHTS OF THE CITY: The City expressly reserves the right to: A. Waive as an informality, minor deviations from specifications at a lower price than the most responsive, responsible bidder 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; B. Waive any defect, irregularity or informality in any bid or bidding procedure; C. Reject or cancel any or all bids; D. Reissue an Invitation to Bid; E. Extend the bid deadline time and date; F. Procure any item by other means; G. Increase or decrease the quantity specified in the Invitation to Bid; H. Consider and accept an alternate bid as provided herein when most advantageous to the City. STANDARDS: Factors to be considered in determining whether the standard of responsibility has been met include whether a prospective bidder has: A. Available the appropriate financial, material, equipment, facility and personnel resources and expertise, or the ability to obtain such, necessary to indicate its capability to meet all contractual requirements; B. A satisfactory record of performance; C. A satisfactory record of integrity; D. Qualified legally to Contract within the State of Florida and the City of Boynton Beach; E. Supplied all necessary information in connection with the inquiry concerning responsibility. INFORMATION AND DESCRIPTIVE LITERATURE: Bidders must furnish all information requested in the spaces provided on the bid form. Further, as may be specified elsewhere, each bidder must submit for bid evaluation cuts, sketches, and descriptive literature and technical specifications covering the products offered. Reference to literature submitted with a previous bid or on file with the buyer will not satisfy this provision. INTERPRETATIONS: Any questions concerning conditions and specifications should be directed to this office in writing no later than ten (10) days prior to the bid deadline. Inquiries must reference the date by which the bid is to be received. 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. ADDITIONAL QUANTITIES: The City reserves the right to acquire additional quantities of the bid products or services at the prices bid in this invitation. If additional quantities are not acceptable, the bid sheets must be noted "BID IS FOR SPECIFIED QUANTITY ONLY". 5 Page 246 of 701 SAMPLES: Samples of items, when called for, must be furnished free of expense, and if not used, tested or destroyed, upon request, will be returned at the bidder's expense. Request for the return of samples may be made within ten (10) days following the bid deadline. Each individual sample must be labeled with the bidder's name, manufacturer's brand name and number, and item reference. DEMONSTRATIONS: Performance of the equipment/services upon request can be deemed a part of the evaluation process in determining the award of bidder. Demonstrations of the merits of the equipment/services that meet City requirements shall be requested by Procurement Services. Equipment demonstrated shall be a minimum of one (1) year old. All required staff, to be assigned per the individual bid product or service application, will form the Bid Award Committee to evaluate and submit a group award recommendation. The City reserves the right to make separate and independent awards based on its needs and the combined evaluation results. SUBCONTRACTING: If a bidder subcontracts any portion of a Contract for any reason, the bidder must state the name and address of the subcontractor and the name of the person to be contacted on the attached "Schedule of Subcontractors". The City of Boynton Beach reserves the right to accept or reject any or all bids wherein a subcontractor is named and to make the award to the bidder, who, in the opinion of the City, will be in the best interest of and/or most advantageous to the City. The City also reserves the right to reject a bid of any bidder if the bid 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. 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 bidders at Procurement Services, it is each bidder's responsibility to check with Procurement Services and immediately secure all addenda before submitting bids. It is the usual practice for the City to mail an addendum to known bidders, but it cannot be guaranteed that all bidders will receive ALL addenda in this manner. Each bidder shall acknowledge receipt of ALL addenda by notation on the bid and shall adhere to all requirements specified in each addendum prior to submission of the bid. ESCALATOR CLAUSE: Any bid which is submitted subject to an escalator clause will be rejected, unless addressed in the Special Conditions Section of the bid documents. EXCEPTIONS: Incorporation in a bid of exceptions to any portion(s), of the Contract documents may invalidate the bid. Exceptions to the Technical and Special Provisions shall be clearly and specifically noted in the bidder's submittal on a separate sheet marked "EXCEPTIONS TO THE SPECIFICATIONS" and this 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 constituting an exception within the intent of the Contract documents. ALTERNATES: Where a base bid is provided for, the bidder shall submit a bid on the base bid and may exercise their own prerogative in submitting a bid on alternate items. The Owner reserves the right to accept or reject the alternates or base bid or any combination thereof. The Owner, or a representative, further reserves the unqualified right to determine whether any particular item or items of material, equipment, or the like, is an approved equal, and reserves the unqualified right to a final decision regarding the approval or rejection of the same. 6 Page 247 of 701 NONCONFORMANCE TO CONTRACT CONDITIONS: Items may be tested for compliance with specifications under the direction of appropriate testing laboratories. The data derived from any tests for compliance with specifications are public records and open to examination thereto in accordance with Chapter 119, Florida Statutes. Items delivered not conforming to specifications may be rejected and returned at vendor's expense. These items and items not delivered as per delivery date in the bid and or Purchase Order may result in the bidder being found in default in which event any and all procurement costs may be charged against the defaulted Contractor. Any violation of these stipulations may also result in the vendor's name being removed from the City of Boynton Beach's vendor mailing list. 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. ANTITRUST CAUSE OF ACTION: In submitting a bid to the City of Boynton Beach, the bidder offers and agrees that if the bid is accepted, the bidder 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 assignment shall be made and become effective at the time the purchasing agency tenders final payment to the bidder. 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 submittal prior to their delivery, it shall be the responsibility of the successful bidder 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. 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 bidder will in no way be a cause for relief from responsibility. PUBLIC ENTITY CRIMES: As provided in Fla. Stat. § 287.133(2)(a), a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a Bid on a contract to provide any goods or services to a public entity, may not submit a Bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit Bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor or consultant under a contract with any public entity, and my not transact business with any public entity in excess of the threshold amount provided S.S. 287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. ADVERTISING: In submitting a bid, the bidder agrees not to use the results as a part of any commercial advertising. Violation of this stipulation may be subject to action covered under "NONCONFORMANCE WITH CONTRACT CONDITIONS". ASSIGNMENT: Any Purchase Order issued pursuant to this bid invitation and the funds which may be come due hereunder are not assignable except with the prior written approval of the City. 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 7 Page 248 of 701 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, counsel fees, expenses and liabilities incurred in an 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) 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 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. OPTIONAL CONTRACT USAGE BY OTHER GOVERNMANTAL AGENCIES: If a bidder is awarded a contract as a result of the solicitation, if bidder has sufficient capacity or quantities available, provide to other governmental agencies, so requesting, the products or services awarded in accordance with the terms and conditions of the solicitation and resulting contract. Prices shall be F.O.B. Destination to the requesting agency. AWARD OF CONTRACT: 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 bidder whose bid represents the most advantageous bid to the City, price and other factors considered. Evaluation of bids will be made based upon the evaluation factors and standards set forth herein. The City reserves the right to reject any and all bids and to waive technical errors as set forth herein. In the event of a Court challenge to an award by any bidder, damages, if any, resulting from an award shall be limited to actual bid preparation costs incurred by the challenging bidder. In no case will the award be made until all necessary investigations have been made into the responsibility of the bidder and the City is satisfied that the most responsive, responsible bidder is qualified to do the work and has the necessary organization, capital and equipment to carry out the required work within the time specified. AS SPECIFIED: A Purchase Order will be issued to the successful bidder with the understanding that all items/services delivered must meet the specifications herein. Items/services delivered not as specified, will be returned at no expense or penalty to the City of Boynton Beach. DELIVERY: Prices shall be quoted F.O.B. Boynton Beach, Florida. F.O.B. destination indicates that the seller is responsible for the shipment until it reaches its destination. Any and all freight charges are to be included in the bid total. The bidder's invoice payment terms must be shown. WARRANTY REQUIREMENTS: Each item, including all components and all installed accessories and equipment, shall be guaranteed by the bidder to be free of defective parts and workmanship. This warranty shall be for a period of 365 days or the time designated in the standard factory warranty, whichever is longer. The warranty will be the same as that offered to the commercial trade and shall be honored by any of the manufacturer's authorized dealers. Warranty will cover parts, labor and any necessary shipping. Warranty repairs may be accomplished on City property, if space is available; this will be at the sole discretion of the City. Contact Procurement Services for permission to perform warranty service on City property. Warranty to start at the time of acceptance by the City; however, in cases where vehicles or 8 Page 249 of 701 equipment are not immediately placed in service, the bidder will provide a delay of warranty start-up time. The period of warranty delay will be coordinated by Procurement Services. PRICES, TERMS AND PAYMENT: Firm prices shall be quoted, typed or printed in ink, and include all packing, handling, shipping charges and delivery to the destination shown herein. Bidder is requested to offer a cash discount for prompt invoice payment. Discount time will be computed from the date of satisfactory delivery at place of acceptance or from receipt of correct invoice at the office specified, whichever is later. Upon delivery, the City shall make final inspection. If this inspection shows that the equipment/service has been delivered/performed in a satisfactory manner in accordance with the specifications, the City shall receive the same. Final payment due the bidder shall be withheld until visual inspection is made by the SOLID WASTE DIVISION and merits of performance evaluated. This total acceptance will be done in a reasonable and timely manner. Acceptance shall not exceed thirty (30) days. If any equipment/service has to be rejected for any reason, the bidder shall be required to pick up the equipment, accomplish the necessary repairs and return the equipment to the City. Warranty repairs may be accomplished on City property if space is available; this will be at the discretion of the City. Title to or risk loss or damage to all items shall be the responsibility of the bidder, unless such loss or damages have been proven to be the result of negligence by the City. A. TAXES: Do not include State or Federal taxes. Not applicable to municipalities. B. MISTAKES: Bidders are expected to examine the specifications, delivery schedule, bid prices, extensions and all instructions pertaining to supplies and services. Failure to do so will be at bidder's risk. C. DISCOUNTS: Will be considered in determining the lowest net cost. D. CONDITION AND PACKAGING: It is understood and agreed that any item offered or shipped as a result of this bid shall be new (current production model at the time of this bid). All containers shall be suitable for storage or shipment, and all prices shall include standard commercial packaging. E. SAFETY STANDARDS: Unless otherwise stipulated in the bid, all manufactured items and fabricated assemblies shall carry U.L. approval and reexamination listing where such has been established. TIME OF DELIVERY: The bidder shall state in the bid the time of delivery of the equipment. Time is of importance to the City and the bidder is hereby notified that the date of delivery will be considered as a factor in the evaluation of the bids LICENSE AND PERMITS: It shall be the responsibility of the successful bidder 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 Purchasing Agent and City Inspectors. COMPLIANCE WITH OCCUPATIONAL SAFETY AND HEALTH: Bidder certifies that all material, equipment, etc., contained in this bid meets all O.S.H.A. requirements. Bidder further certifies that if awarded as the successful bidder, 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 bidder. 9 Page 250 of 701 Bidder certifies that all employees, subcontractors, agents, etc. shall comply with all O.S.H.A. and State safety regulations and requirements. 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 and lower tier subcontractors. The contractor understands and agrees that in addition to all other remedies and consequences provided by law, the failure of the contractor or its subcontractors or lower tier subcontractors to fully cooperate with the Inspector General when requested, may be deemed by the municipality to be a material breach of this contract justifying its termination. 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, FL 33426 561-742-6061 PYLEJ@BBFL.US 10 Page 251 of 701 QUESTIONS: Any questions relative to any item(s) or portion of this bid or Invitation to Bid should be directed to Ilyse Triestman, Purchasing Manager, Monday through Friday, 8:00 A.M. to 5:00 P.M. at (561) 742-6322; E-mail triestmani(a)bbfl.us 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. 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. THE REMAINDER OF THE PAGE IS INTENTIONALLY LEFT BLANK. 11 Page 252 of 701 SPECIAL TERMS AND CONDITIONS PURPOSE: The purpose of this bid is to establish firm fixed prices for the rental of trucks that will be used throughout the City of Boynton Beach for all operational functions on an as needed month to month bases. The estimated annual expenditure for this contract is $100,000 TERM OF CONTRACT: The initial term of the contract awarded shall be for two (2) years from the effective date of the contract and by mutual agreement between the City and the awardee(s), may be renewable for three (3) additional one (1) year periods. The City reserves the right to exercise the option to renew annually. The City reserves the right to extend automatically for a period not to exceed an additional twelve (12) months in order to provide the City with continual service while a new contract is solicited, evaluated and/or awarded. No price increase will be accepted during the initial or renewal terms of the contract. METHOD OF AWARD: Successful Bidder awarded shall ensure that proper and sufficient staff, equipment, organization, etc. will be provided for this contract to meet the specifications denoted herein at a paramount level. Once opened, the bids will be tabulated and evaluated by the City before recommendation and/or notice of intent to award. The City, in its sole discretion, reserves the right to accept or reject any or all bids for any reason whatsoever. The City further reserves the right to waive irregularities and technicalities and/or to request resubmission. There is no obligation on the part of the City to award the bid to the lowest bidder, or any bidder. The City reserves the right to make the award to a responsible bidder submitting a responsive bid most advantageous and in the best interest of the City. The City shall be the sole judge of the bids and the City's decision shall be final. It is the intent of the City to award up to three vendors that submit the lowest priced responsive and responsible offer per item; it is the intent of the City to place orders with the lowest priced vendor per line item. Individual line item awards will be extended to the vendor offering the lowest monthly rental rate for the truck required. The lowest priced vendor will be designated as the primary vendor per line item; the next low vendor will be designated as the secondary vendor per line item; and the third low vendor will be designated as the tertiary vendor per line item. COST ADJUSTMENTS: Prices quoted shall be firm for the initial bid term. No cost increases shall be accepted in this initial bid term. Please consider this when providing pricing for this Bid. Cost increases for any extension terms shall be subject to City approval. Any requested adjustment shall be fully documented and submitted to the City at least ninety (90) days prior to the bid term anniversary date. Any approved cost adjustments shall become effective on the beginning date of the approved bid extension. The City, may, after examination, refuse to accept the adjusted costs if they are not properly documented, or considered to be excessive, or if 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 will be considered cancelled on the scheduled expiration date. 12 Page 253 of 701 PERFORMANCE DURING EMERGENCY: By submitting a bid, bidder agrees and promises that, during and after a public emergency, disaster, hurricane, flood, or acts of God, City of Boynton Beach shall be given "first priority" for all goods and services under this contract (if applicable). Bidder agrees to provide all goods and services to City of Boynton Beach throughout the emergency/disaster at the terms, conditions, and prices as provided in this solicitation, and with a priority above, a preference over, sales to the private sector. Bidder shall furnish a 24-hour phone number and address to the City in the event of such an emergency. Failure to provide the stated priority/preference during an emergency/disaster shall constitute breach of contract and make the bidder subject to sanctions from further business with the City. INSURANCE: It shall be the responsibility of the successful bidder to maintain workers' compensation insurance, property damage, liability insurance and vehicular liability insurance, during the time any of bidder's personnel are working on City of Boynton Beach property. The vendor shall furnish the City with a certificate of insurance after award has been made prior to the start of any work on City property. Said insured companies must be authorized to do business in the State of Florida and the City will not accept any company that has a rating less than B+ in accordance to A.M. Best's Key Rating Guide, latest edition. THE REMAINDER OF THE PAGE IS INTENTIONALLY LEFT BLANK. 13 Page 254 of 701 SPECIFICATIONS AND REQUIREMENTS The purpose of this bid is to establish firm fixed prices for the rental of trucks that will be used throughout the City of Boynton Beach for all operational functions on an as needed month to month bases. The estimated annual expenditure for this contract is $100,000 Delivery shall be made FOB Destination to: City of Boynton Beach Public Works, 222 NE 91h Avenue, Boynton Beach, Florida 33435. Delivery hours are from: 7 AM to 3 PM, Monday thru Friday. The Bidder should submit with its bid, a listing or report of inventory of all of their equipment that meet the specifications contained herein. The listing or report should contain information including but not limited to: year, make, manufacture, capacity, type, etc. of equipment to be supplied. If not submitted with the bid, bidder must submit documentation within three (3) calendar days of City's request or bid may be deemed non-responsive. Every truck must have automatic transmission, air conditioned and power steering. Prior to ordering rental, the City may request additional technical information (i.e. equipment drawings, diagrams, etc.) on the equipment to supplied. This information should be submitted within three (3) business days after request from City representative. Vendor shall be responsible to provide a service plan for all normally serviced items as per the chassis and body manufacturer's owner's manual. The City will do routine maintenance and be responsible for any damage due to mis-use or accident. Vendor shall be responsible for all other maintenance and/or repairs on the units. City will be responsible to keep unit clean and to thoroughly clean unit(s) prior to returning unit to the vendor when City has finished with them. City of Boynton Beach will require successful vendor to sign a service contract with the City and purchase orders will be issued for the rental. THE REMAINDER OF THE PAGE IS INTENTIONALLY LEFT BLANK. 14 THIS PAGE TO BE SUBMITTED FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Page 255 of 701 Attachment "A" City of Boynton Beach Risk Management Department INSURANCE ADVISORY FORM Under the terms and conditions of all contracts,leases,and agreements,the City requires appropriate coverages listing the City of Boynton Beach as Additional Insured. This is done by providing a Certificate of Insurance listing the City as "Certificate Holder" and "The City of Boynton Beach is Additional Insured as respect to coverages noted." Insurance companies providing insurance coverages must have a current rating by A.M. Best Co. of`B+"or higher. (NOTE: An insurance contract or binder may be accepted as proof of insurance if 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 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 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 $ 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 ------------------------------------------------------------------------------------------------------------------------------------------- Worker's Compensation Statutory Limits Employer's Liability Each Accident $ 100,000.00 Disease,Policy Limit $ 500,000.00 Disease Each Employee $ 100,000.00 ------------------------------------------------------------------------------------------------------------------------------------------- Property Homeowners Revocable Permit $ 300,000.00 Builder's Risk Limits based on Project Cost ------------------------------------------------------------------------------------------------------------------------------------------- Other- As Risk Identified to be determined 15 Page 256 of 701 BIDDER ACKNOWLEDGEMENT Submit Bids to: PURCHASING SERVICES 3301 Quantum Blvd., Suite 101 Boynton Beach, FL 33426 Telephone: (561) 742-6310 Bid Title: "TRUCK RENTALS" Bid Number: 011-2515-19/IT Bid Due: February 11, 2019, NO LATER THAN 2:30 P.M. (LOCAL TIME) Bids will be opened in Purchasing Services unless specified otherwise and may not be withdrawn within ninety (90) days after such date and time. All awards made as a result of this bid shall conform to applicable sections of the charter and codes of the City. Name of Bidder: Federal I.D. Number: A Corporation of the State of: Area Code: Telephone Number: Area Code: FAX Number: Mailing Address: City/State/Zip: Vendor Mailing Date: E-Mail Address: Authorized Signature Name Typed THIS PAGE TO BE SUBMITTED FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Page X57 of 701 BID NO. 011-2515-19/IT TRUCK RENTALS BID FORM To All Bidders: The undersigned declares that he/she has carefully examined the specifications and is thoroughly familiar with its provisions and with the quality, type and grade of product/service called for. When submitting more than one bid proposal price for this product and/or service, indicate how many individual and/or combination item(s) are to be tabulated and considered. Attach a separate sheet for each. Basis of Award: It is the intent of the City to award up to three vendors that submit the lowest priced responsive and responsible bid per item; it is the intent of the City to place orders with the lowest priced vendor per line item. Individual line item awards will be extended to the vendor offering the lowest monthly rental rate for the truck required. The lowest priced vendor will be designated as the primary vendor per line item; the next low vendor will be designated as the secondary vendor per line item; and the third low vendor will be designated as the tertiary vendor per line item. Vendors shall attach a list of all rental trucks offered. List shall include, but not be limited all the information requested below for items. ITEM 1 RENTAL OF 26 - 35 CUBIC YARD AUTOMATIC SIDE LOADER REFUSE COMPACTOR TRUCK WITH JOYSTICK MONTHLY RENTAL RATE: per vehicle DELIVERY CHARGE: per vehicle PICK-UP FEE: per vehicle CHASSIS DEALER SERVICE LOCATION: BODY DEALER SERVICE LOCATION: COMPANY NAME: THIS PAGE TO BE SUBMITTED FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 17 Page 258 of 701 BID NO. 011-2515-19/IT TRUCK RENTALS BID FORM (CONT'D.) ITEM 2 RENTAL OF ROLL OFF (CAB OVER OR CONVENTIONAL) MONTHLY RENTAL RATE: per vehicle DELIVERY CHARGE: per vehicle PICK-UP FEE: per vehicle CHASSIS DEALER SERVICE LOCATION: BODY DEALER SERVICE LOCATION: ITEM 3 RENTAL OF 26 - 35 CUBIC YARD COMMERCIAL FRONT LOAD MONTHLY RENTAL RATE: per vehicle DELIVERY CHARGE: per vehicle PICK-UP FEE: per vehicle CHASSIS DEALER SERVICE LOCATION: BODY DEALER SERVICE LOCATION: COMPANY NAME: THIS PAGE TO BE SUBMITTED FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 18 Page 259 of 701 BID NO. 011-2515-19/IT TRUCK RENTALS BID FORM (CONT'D.) ITEM 4 RENTAL OF 22 - 31 CUBIC YARD CHERRY PICKER MONTHLY RENTAL RATE: per vehicle DELIVERY CHARGE: per vehicle PICK-UP FEE: per vehicle CHASSIS DEALER SERVICE LOCATION: BODY DEALER SERVICE LOCATION: ITEM 5 RENTAL OF 30-40 YARD TRASH HAULER BODY REFUSE TRUCK Gross Vehicle Weight (GVW): MONTHLY RENTAL RATE: per vehicle DELIVERY CHARGE: per vehicle PICK-UP FEE: per vehicle CHASSIS DEALER SERVICE LOCATION: BODY DEALER SERVICE LOCATION: COMPANY NAME: THIS PAGE TO BE SUBMITTED FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 19 Page 260 of 701 BID NO. 011-2515-19/IT TRUCK RENTALS BID FORM (CONT'D.) ITEM 6 RENTAL OF 27 — 30 CUBIC YARD REAR LOADER REFUSE TRUCK WITH 2 CART TIPPERS Gross Vehicle Weight (GVW): MONTHLY RENTAL RATE: per vehicle DELIVERY CHARGE: per vehicle PICK-UP FEE: per vehicle CHASSIS DEALER SERVICE LOCATION: BODY DEALER SERVICE LOCATION: COMPANY NAME SIGNATURE OF AUTHORIZED OFFICIAL PRINTED NAME OF AUTHORIZED OFFICIAL TELEPHONE NUMBER TITLE FAX NUMBER E-MAIL ADDRESS THIS PAGE TO BE SUBMITTED FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 20 Page 261 of 701 NON COLLUSION AFFIDAVIT OF PRIME BIDDER State of ) County of ) being first duly sworn, deposes and says that: 1) He is of (Title) (Name of Corporation or Firm) the bidder that has submitted the attached bid: 2) He is fully informed respecting the preparation and contents of the attached bid and of all pertinent circumstances respecting such bid; 3) Said bid is genuine and is not a collusive or sham bid; 4) Further, the said bidder nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly with any other bidder, firm or person to submit a collusive or sham bid in connection with the Contract for which the attached bid has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communications or conference with any other bidder, firm or person to fix the price or prices in the attached bid or of any other bidder, or to fix any overhead, profit or cost element of the bid price or the bid price of any other bidder, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the City of Boynton Beach or any person interested in the proposed Contract; and 5) The price or prices quoted in the attached bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the bidder or any of its agents, representatives, owners, employees, or parties in interest, including this affiant. (Signed) Subscribed and sworn to before me (Title) This day of , 20 My commission expires THIS PAGE TO BE SUBMITTED FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 21 Page 262 of 701 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 bid 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 120 Printed Information: NAME TITLE NOTARY PUBLIC, State of Florida at Large COMPANY "OFFICIAL NOTARY SEAL" STAMP THIS PAGE TO BE SUBMITTED FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Page 263 of 701 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 BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Page 264 of 701 CONFIRMATION OF DRUG-FREE WORKPLACE Preference shall be given to businesses with drug-free workplace programs. Whenever two or more bids which are equal with respect to price, quality, and service are received by the City of Boynton Beach or by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug-free workplace program. In order to have a drug-free workplace program, a business shall: 1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2) Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3) Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4) In the statement specified in subsection (1), notify the employee that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than 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. Vendor's Signature 24 THIS PAGE TO BE SUBMITTED FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Page 265 of 701 PALM BEACH COUNTY INSPECTOR GENERAL ACKNOWLEDGMENT The Contractor is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of this contract, and in furtherance thereof may demand and obtain records and testimony from the Contractor and its subcontractors and lower tier subcontractors. The contractor understands and agrees that in addition to all other remedies and consequences provided by law, the failure of the Contractor or its subcontractors or lower tier subcontractors to fully cooperate with the Inspector General when requested may be deemed by the municipality to be a material breach of this contract justifying its termination. CONTRACTOR NAME By Title: Date: THIS PAGE TO BE SUBMITTED FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 25 Page 266 of 701 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: 26 Page 267 of 701 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, 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 27 Page 268 of 701 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 28 Page 269 of 701 STATEMENT OF NO BID If you are not bidding this service/commodity, please complete and return this form to: PROCUREMENT SERVICES, City of Boynton Beach, 3301 Quantum Blvd., Suite 101, Boynton Beach, FL 33426 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 bid on your Bid No.: 011-2515-19/IT to "TRUCK RENTALS" 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 to Bid 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: 29 Page 270 of 701 7.B. BIDS AND PURCHASES OVER$100,000 3/19/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 3/19/2019 REQUESTED ACTION BY COMMISSION: Award Bid No. 015-2821-19/IT for Annual Supply of Sodium Hydroxide (Liquid Caustic Soda) to the lowest responsive and responsible bidder, Brenntag Mid-South, Inc. of Orlando, Florida for an estimated annual amount of$210,658. The initial term is for one year upon date of award contingent upon receipt and approval of insurance. The Bid allows for three (3) one-year renewals contingent upon mutual approval and termination that renewal is in the City's best interest. EXPLANATION OF REQUEST: Initial Term Period: March 20, 2019 - March 19, 2020 On January 27, 2019, Purchasing Services issued a Bid for "Annual Supply of Sodium Hydroxide (Liquid Caustic Soda)." The purpose of the bid was to obtain firm fixed prices, per dry ton, for the purchase and delivery of Sodium Hydroxide to be used at the West Water Treatment Plant located at 5469 W. Boynton Beach Blvd., Boynton Beach, Florida. On February 25, 2019, the City opened a total of three (3) submittals to this Bid. After reviewing the bid and references submitted by the lowest responsive bidder, Brenntag Mid-South, Inc., Utilities staff and Purchasing Services recommend this bid be awarded to Brenntag Mid-South, Inc. as the lowest, responsive, responsible bidder. W ill be ordered on an as needed basis. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Feed water to the West Water Treatment Plant (West WTP) has a high pH and contains the dissolved gas hydrogen sulfide (produces a rotten egg smell). Sulfuric acid is therefore added to the feed water before the membrane filtration system to lower the pH, thereby aiding in reducing the formation of calcium carbonate scale on the membranes. However, this produces carbon dioxide which, along with hydrogen sulfide, remains dissolved in the water and is not separated out by the membrane system. During the degasification process that follows, sodium hydroxide is added to the system to neutralize the corrosive and noxious odors associated with the release of hydrogen sulfide to the atmosphere. Sodium Hydroxide is also added to raise the pH of the water leaving the plant, which prevents deterioration of the pipelines to the consumer. The use of sodium hydroxide is necessary to adjust water pH, and aid in the removal of hydrogen sulfide. Thus, reducing any potential risk to the City's infrastructure and to public health. FISCAL IMPACT: Budgeted Funds for this expenditure are available in Fund#401-2811-536.52-35 Previous years expenditures: FY 17/18 $ 73,000 FY 16/17 $110,000 FY 15/16 $ 80,000 Page 271 of 701 ALTERNATIVES: Reject all bids received. Resolicit the requirement. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Tab Sheets Tabulation Sheet® Pricing D Tab Sheets Tabulation Sheet® Responsiveness D Attachment Brenntag Submittal Page 272 of 701 ANNUAL SUPPLY OF SODIUM HYDROXIDE "Offers from the vendors listed herein are the only offers BID DUE DATE: February 25, 2019 received timely as of the above receiving date and time. BID DUE TIME: 2:30 P.M. All other offers submitted in response to this solicitation, BID No.: 015-2821-19/IT if any,are hereby rejected as late" DESCRIPTION Business Name:Allied Universal Sodium Hydroxide-367 Dry Tons Address:3901 NW 115 Ave Miami, FL 33178 Tel:305-888-2623 Email: bids@allieduniversal.com Unit Price $670.85 Total Price $246,201.95 Page 273 of 701 Business Name: Brenntag Business Name:Univar USA Address:250 Central Florida Parkway Address:8201 S.212th st. Orlando, FL 32824 Kent,WA 98032 Tel:800-876-1727 X3213 Tel:253-872-5023 Email:subach@brenntag.com Email:muniteam-west@univar.com $574.00 $639.00 $210,658.00 $234,513.00 Page 274 of 701 0 rl- { o N e LO _ q ; = 2 { n - ) � )( k \ ! \ ° f 2E j \\ \ w m j k) / ] oo - N / o w \ - o : E U ] $ x ! ® ■ ; _ oe - ■ ! - § c6 « � \ \ \ \ / \ \ � � 3 a 01§ g§ \/ / � G(\ +z > ° \\ z LL f K/ CO E% e k / j \ \ )7 \g ® % : C S § R / / [ ) s G §% \< \ } / C ± § 2 } & $ \j \\ /e } § _ ( d § z/ z 6 \< \U) /\ \\ \ - k § / \ \j } \z \ (\ /} /\ }\ 2 / z e z \/ � . § 3 }3 }z z <$ S § 2 ) 2 222 52 / \/ < \/ \\ <= \\ \ 0 o h��tist1(r�55��j�t�t�##{t �, tit}\t tt ii(t\a��{ 14 1i4�tit{ �tityin s tai C , ' t i T+ C � � y ( 81, li �tS ktR ss((i7: }�?f SJ 1 rlf+}{t�t7lrs rh�liS��j�s®®i��tE§ ��)aS,11��1i PPLY Dl �yy i J 1 ;ril tile,; �_� �44.�A�<.,: �' S�Pfif'(Yj1j,�,b ��r ,t� � +5 T C � iii ll 1{�{�ftStii r�tV Silt��(�l�i{itt�1��4) ,t ft,�t 11 ,� till§{ ,ttti itl�ii�4 �lft�tlAti�i4{z1#,,�Gl(tiir Ni 1p" i'` 'S` i1, 3 1 -1 911 2 it 4rA1 rl4>1�1<<tsjy iii z r,i<'. } I� 2t,s1J� ;4i(� 610 4, s �y�r�1}� 1t`\Jt�tl Ut t}itt titl\A,�ii`t� 1f��f�t{r "�� }t00 4 i �i a4 z1 1 s ( 4lr t {! r�� tptl�li\Slit , 'BID OPENINGDA �"�� February 5, 2019rIm E Y11C ITEC H �t��ttt i� 41� tt t itt t {� t f>> yt�h' �tiv'tt r r' ,1 � tt � Its its i z � i tlt Z tri Vii»1 Ur,, t i ft'j 1}tt r t { } ii ryiti r I r 1��t j it t t t0111" 'i",V S i ! rittitt��r �it�t t Jai i�� tilV,10it (Ary ft ��tth�tt�� jt t?t 151tf i�. ittt It �iJ71A i��f41t� t,ftt`, Page 276 of 701 The City of Boynton Beach Purchasing Services P.0.Box 310 Boynton Beach,Florida 33425-0310 Telephone:(561)741-6323 FAX,(561)742-6316 INVITATION TO BID FOR ANNUAL SUPPLY OF SODIUM HYDROXIDE (LIQUID CAUSTIC SODA) BID No.: 015-2821-19/IT Sealed bids will be received in PURCHASING SERVICES, City of Boynton Beach, 3301 Quantum Blvd., Suite 101, Boynton Beach, Florida 33426 on or by: February 25r_2019; No Later Than 2:30 P.M. 1-ocal TimeD. Bids will be opened in: PROCUREMENT SERVICES-CITY HALL unless otherwise designated. Bids 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 a bid can be considered. If no award has been made, 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 bid. 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, whichever is sooner. 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. E Page 277 of 701 LOBBYING/CONE OF SILENCE Consistent with the requirements of Chapter 2, Article VIII, Lobbyist Registration, of the Palm Beach County Code of Ordinances, Boynton Beach imposes a Cone of Silence. A cone of silence shall be imposed upon each competitive solicitation from the time of advertisement and shall remain in effect until Council 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: tr`est� tsr:i(�ifl,us SCOPE OF BID: The City of Boynton Beach Utilities Department is seeking a firm price, per dry ton, for the purchase of Sodium Hydroxide to be used at the West Water Treatment Plant located at 5469 W. Boynton Beach Blvd., Boynton Beach, Florida. The bid term is for a period of one year, with the option to renew for three (3) one-year terms. Contact: City of Boynton Beach Purchasing Services 3301 Quantum Boulevard, Suite 101 Boynton Beach, FL 33426 Ilyse Triestmn, Purchasing Manager (561) 742-6322 or triestmani abbfLus Office Hours: MONDAY— FRIDAY, 8:00 A.M. TO 5:00 P.M. CITY OF BOYNTON BEACH 14001s TIM W. HOWARD ASSISTANT CITY MANAGER—ADMINISTRATION 2 Page 278 of 701 INVITATION TO BID FOR ANNUAL SUPPLY OF SODIUM HYDROXIDE (LIQUID CAUSTIC SODA) BID No.: 015-2821-19/IT Section 1 —SUBMITTAL INFORMATION A. The City of Boynton Beach will receive bid responses until February 26, 2019 at 2:30 P.M. (LOCAL TIME) in Purchasing Services located at City Hall, 3301 Quantum Blvd., Suite 101, Boynton Beach, FL 33426 B. Any responses received after the above stated time and date will not be considered. It shall be the sole responsibility of the proposer to have their bid response delivered to Purcha lng_ ervic s 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 creates proof of submittal. Bid 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 proposer'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 bid and prior to the award being made. C. If any addendum(s) are issued to this Bid, the City will attempt to notify all prospective bidders who have secured same, however, it shall be the responsibility of each bidder, prior to submitting the tail response, to contact the City Procurement Services at (561) 742-6322 to determine if any addendum(s)were issued and to make any addendum acknowledgements as part of their bid response. D. One 1 original, so marked one (11 copies,and 1 electronic copy of the bid response shall be submitted in one sealed package clearly marked on the outside "INVITATION TO BID FOR ANNUAL SUPPLY OF SODIUM HYDROXIDE" to: City of Boynton Beach, Purchasing Services, 3301 Quantum Blvd., Suite 101, Boynton Beach, FL 33426 E. Responses shall clearly indicate the legal name address and telephone number of the bidder (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 contractually bind the proposer to the submitted bid. Bidder must note their Federal I.D. number on their bid submittal. 3 Page 279 of 701 GENERAL CONDITIONS FOR BIDDERS 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 equipment and the services provided to the City. Ignorance on the part of the bidder will in no way relieve bidder of responsibility to adhere to such regulations. 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. EXECUTION OF BID: Proposal must contain an original signature of an authorized representative in the space provided on all affidavits and proposal sheets. 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 vendor'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. BID DEADLINE: It is the bidder's responsibility to assure that the bid is delivered at the proper time and place prior to the bid 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. Bids which for any reason are delivered by the deadline will not be considered. If no award has been made, 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 bid. Offers by telegram or telephone are not acceptable. MINOR IRREGULARITIES/RIOIjT TO REJECT: Bidders are expected to examine the specifications, delivery schedules, bid prices and extensions and all instructions pertaining to supplies and services. Failure to do so will be at the bidder's risk. The City of Boynton Beach reserves the right to waive irregularities or informalities in Bids or to reject all Bids or any part of any Bid deemed necessary for the best interest of the City. The City may reject any response not submitted in the manner specified by the solicitation documents. 4 Page 280 of 701 RIGHTS OF THE CITY: The City expressly reserves the right to: A. Waive as an informality, minor deviations from specifications at a lower price than the most responsive, responsible bidder 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; B. Waive any defect, irregularity or informality in any bid or bidding procedure; C. Reject or cancel any or all bids; D. Reissue an Invitation to Bid; E. Extend the bid deadline time and date; F. Procure any item by other means; G. Increase or decrease the quantity specified in the Invitation to Bid; H. Consider and accept an alternate bid as provided herein when most advantageous to the City. STANDARDS: Factors to be considered in determining whether the standard of responsibility has been met include whether a prospective bidder has: A. Available the appropriate financial, material, equipment, facility and personnel resources and expertise, or the ability to obtain such, necessary to indicate its capability to meet all contractual requirements; B. A satisfactory record of performance; C. A satisfactory record of integrity; D. Qualified legally to Contract within the State of Florida and the City of Boynton Beach; E. Supplied all necessary information in connection with the inquiry concerning responsibility. INFORMATION AND DESCRIPTIVE LITERATURE., Bidders must furnish all information requested in the spaces provided on the bid form. Further, as may be specified elsewhere, each bidder must submit for bid evaluation cuts, sketches, and descriptive literature and technical specifications covering the products offered. Reference to literature submitted with a previous bid or on file with the buyer will not satisfy this provision. INTERPRETATIONS: Any questions concerning conditions and specifications should be directed to this office in writing no later than ten (10) days prior to the bid deadline. Inquiries must reference the date by which the bid is to be received. 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. ADDITIONAL QUANTITIES: The City reserves the right to acquire additional quantities of the bid products or services at the prices bidin this invitation. If additional quantities are not acceptable, the bid sheets must be noted "BID IS FOR SPECIFIED QUANTITY ONLY". SAMPLES: Samples of items, when called for, must be furnished free of expense, and if not used, tested or destroyed, upon request, will be returned at the bidder's expense. Request for 5 Page 281 of 701 the return of samples may be made within ten (10) days following the bid deadline. Each individual sample must be labeled with the bidder's name, manufacturer's brand name and number, and item reference. DEMONSTRATIONS,- Performance of the equipment/services upon request can be deemed a part, of the evaluation process in determining the award of bidder. Demonstrations of the merits of the equipment/services that rneet City requirements shall be requested by Procurement Services, Equipment demonstrated shall be a minimum of one (1) year old. All required staff, to be assigned per the individual bid product or service application, will form the Bid Award Committee to evaluate and submit a group award recommendation. The City reserves the right to make separate and independent awards based on its needs and the combined evaluation results. SUBCONTRACTING. If a bidder subcontracts any portion of a Contract for any reason, the bidder must state the name and address of the subcontractor and the name of the person to be contacted on the attached "Schedule of Subcontractors". The City of Boynton Beach reserves the right to accept or reject any or all bids wherein a subcontractor is named and to make the award to the bidder, who, in the opinion of the City, will be in the best interest of and/or most advantageous to the City. The City also reserves the right to reject a bid of any bidder if the bid 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. 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 bidders at Procurement Services, it is each bidder's responsibility to check with Procurement Services and immediately secure all addenda before submitting bids. It is the usual practice for the City to mail an addendum to known bidders, but it cannot be guaranteed that all bidders will receive ALL addenda in this manner. Each bidder shall acknowledge receipt of ALL addenda by notation on the bid and shall adhere to all requirements specified in each addendum prior to submission of the bid. ESCALATOR CLAUSE: Any bid which is submitted subject to an escalator clause will be rejected, unless addressed in the Special Conditions Section of the bid documents. EXCEPTIONS: Incorporation in a bid of exceptions to any portion(s), of the Contract documents may invalidate the bid. Exceptions to the Technical and Special Provisions shall be clearly and specifically noted in the bidder's submittal on a separate sheet marked "EXCEPTIONS TO THE SPECIFICATIONS" and this 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 constituting an exception within the intent of the Contract documents. ALTERNATES: Where a base bid is provided for, the bidder shall submit a bid on the base bid and may exercise their own prerogative in submitting a bid on alternate items. The Owner reserves the right to accept or reject the alternates or base bid or any combination thereof. The Owner, or a representative, further reserves the unqualified right to determine whether any particular item or items of material, equipment, or the like, is an approved equal, and reserves the unqualified right to a final decision regarding the approval or rejection of the same. NONCONFORMANCE TO CONTRACT CONDITIONS: Items may be tested for compliance with specifications under the direction of appropriate testing laboratories. The data derived from any tests for compliance with specifications are public records and open to examination thereto in accordance with Chapter 119, Florida Statutes. Items delivered not conforming to 6 Page 282 of 701 specifications may be rejected and returned at vendor's expense. These items and items not delivered as per delivery date in the bid and or Purchase Order may result in the bidder being found in default in which event any and all procurement costs may be charged against the defaulted Contractor. Any violation of these stipulations may also result in the vendor's name being removed from the City of Boynton Beach's vendor mailing list. 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. ANTITRUST CAUSE OF ACTION: In submitting a bid to the City of Boynton Beach, the bidder offers and agrees that if the bid is accepted, the bidder 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 assignment shall be made and become effective at the time the purchasing agency tenders final payment to the bidder. 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 submittal prior to their delivery, it shall be the responsibility of the successful bidder 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. 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 bidder will in no way be a cause for relief from responsibility. PUBLIC ENTITY CRIMES: As provided in Fla. Stat. § 287.133(2)(a), a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a Bid on a contract to provide any goods or services to a public entity, may not submit a Bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit Bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor or consultant under a contract with any public entity, and my not transact business with any public entity in excess of the threshold amount provided S.S. 287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. ADVERTISING: In submitting a bid, the bidder agrees not to use the results as a part of any commercial advertising. Violation of this stipulation may be subject to action covered under "NONCONFORMANCE WITH CONTRACT CONDITIONS". ASSIGNMENT: Any Purchase Order issued pursuant to this bid invitation and the funds which may be come due hereunder are not assignable except with the prior written approval of the City. 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 7 Page 283 of 701 against all costs, counsel fees, expenses and liabilities incurred in an 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) 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 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. OPTIONAL CONTRACT USAGE BY OTHER GO'VERNMANTAL AGENCIES: If a bidder is awarded a contract as a result of the solicitation, if bidder has sufficient capacity or quantities available, provide to other governmental agencies, so requesting, the products or services awarded in accordance with the terms and conditions of the solicitation and resulting contract. Prices shall be F.O.B. Destination to the requesting agency. AWARD OF CONTRACT: 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 bidder whose bid represents the most advantageous bid to the City, price and other factors considered. Evaluation of bids will be made based upon the evaluation factors and standards set forth herein. The City reserves the right to reject any and all bids and to waive technical errors as set forth herein. In the event of a Court challenge to an award by any bidder, damages, if any, resulting from an award shall be limited to actual bid preparation costs incurred by the challenging bidder. In no case will the award be made until all necessary investigations have been made into the responsibility of the bidder and the City is satisfied that the most responsive, responsible bidder is qualified to do the work and has the necessary organization, capital and equipment to carry out the required work within the time specified. AS SPECIFIED: A Purchase Order will be issued to the successful bidder with the understanding that all items/services delivered must meet the specifications herein. Items/services delivered not as specified, will be returned at no expense or penalty to the City of Boynton Beach. DELIVERY: Prices shall be quoted F.O.B. Boynton Beach, Florida. F.O.B. destination indicates that the seller is responsible for the shipment until it reaches its destination. Any and all freight charges are to be included in the bid total. The bidder's invoice payment terms must be shown. WARRANTY REQUIREMENTS. Each item, including all components and all installed accessories and equipment, shall be guaranteed by the bidder to be free of defective parts and workmanship. This warranty shall be for a period of 365 days or the time designated in the standard factory warranty, whichever is longer. The warranty will be the same as that offered to the commercial trade and shall be honored by any of the manufacturer's authorized dealers. Warranty will cover parts, labor and any necessary shipping. Warranty repairs may be accomplished on City property, if space is available; this will be at the sole discretion of the City. Contact Procurement Services for permission to perform warranty service on City property. Warranty to start at the time of acceptance by the City; however, in cases where vehicles or equipment are not immediately placed in service, the bidder will provide a delay of warranty start-up time. The period of warranty delay will be coordinated by Procurement Services. PRICES, TERMS AND PAYMENT: Firm prices shall be quoted, typed or printed in ink, and include all packing, handling, shipping charges and delivery to the destination shown herein. Bidder is requested to offer a cash discount for prompt invoice payment. Discount time will be 8 Page 284 of 701 computed from the date of satisfactory delivery at place of acceptance or from receipt of correct invoice at the office specified, whichever is later. Upon delivery, the City shall make final inspection. If this inspection shows that the equipment/service has been delivered/performed in a satisfactory manner in accordance with the specifications, the City shall receive the same. Final payment due the bidder shall be withheld until visual inspection is made by the using department and merits of performance evaluated. This total acceptance will be done in a reasonable and timely manner. Acceptance shall not exceed thirty ( 0) days. If any equipment/service has to be rejected for any reason, the bidder shall be required to pick up the equipment, accomplish the necessary repairs and return the equipment to the City. Warranty repairs may be accomplished on City property if space is available; this will be at the discretion of the City. Title to or risk loss or damage to all items shall be the responsibility of the bidder, unless such loss or damages have been proven to be the result of negligence by the City. A. TAXES: Do not include State or Federal taxes. Not applicable to municipalities. B. MISTAKES: Bidders are expected to examine the specifications, delivery schedule, bid prices, extensions and all instructions pertaining to supplies and services. Failure to do so will be at bidder's risk. C. DISCOUNTS: Will be considered in determining the lowest net cost. D. CONDITION AND PACKAGING: It is understood and agreed that any item offered or shipped as a result of this bid shall be new (current production model at the time of this bid). All containers shall be suitable for storage or shipment, and all prices shall include standard commercial packaging. E. SAFETY STANDARDS: Unless otherwise stipulated in the bid, all manufactured items and fabricated assemblies shall carry U.L. approval and reexamination listing where such has been established. TIME OF DELIVERY: The bidder shall state in the bid the time of delivery of the equipment. Time is of importance to the City and the bidder is hereby notified that the date of delivery will be considered as a factor in the evaluation of the bids LICENSE AND PERMITS: It shall be the responsibility of the successful bidder 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 Purchasing Agent and City Inspectors. COMPLIANCE WITH OCCUPATIONAL SAFETY AND HEALTH: Bidder certifies that all material, equipment, etc., contained in this bid meets all O.S.H.A. requirements. Bidder further certifies that if awarded as the successful bidder, 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 bidder. Bidder certifies that all employees, subcontractors, agents, etc. shall comply with all O.S.H.A. and State safety regulations and requirements. 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 9 Page 285 of 701 resulting from this solicitation, and in furtherance thereof, may demand and obtain records and testimony from the contractor and its subcontractors and lower tier subcontractors. The contractor understands and agrees that in addition to all other remedies and consequences provided by law, the failure of the contractor or its subcontractors or lower tier subcontractors to fully cooperate with the Inspector General when requested, may be deemed by the municipality to be a material breach of this contract justifying its termination. 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, FL 33426 561-742-6061 PYLEJ@BBFL.US QUESTIONS: Any questions relative to any item(s) or portion of this bid or Invitation to Bid should be directed to II se Triestman. Purchasing Manager h Frid + A. to 5.00 P.M. at 1 742-9322E-mail triestmani@kbfl.us 10 Page 286 of 701 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. SCRUTINIZED COMPANIES - 2.87.135 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. THE REMAINDER OF THE PAGE IS INTENTIONALLY LEFT BLANK. Page 287 of 701 SPECIAL TERMS AND CONDITIONS PURPOSE: It is the intent of this solicitation to obtain firm, fixed prices per dry ton for the purchase and delivery of Sodium Hydroxide (liquid caustic soda) TERM OF CONTRACT: The initial term of the contract awarded shall be for one (1) year from the effective date of the contract and by mutual agreement between the City and the awardee(s), may be renewable for three (3) additional one (1) year periods. The City reserves the right to exercise the option to renew annually. The City reserves the right to extend automatically for a period not to exceed an additional twelve (12) months in order to provide the City with continual service while a new contract is solicited, evaluated and/or awarded. PRICE ESCALATION/DE-ESCALATION. The City of Boynton Beach will allow a price escalation/de-escalation provision within this award. The original bid prices shall be firm for a 1-year minimum period. A price escalation/de- escalation will be allowed 1 year after the beginning of the award period and at 1-year intervals thereafter, provided the Awardee notifies the City of Boynton Beach, in writing, of the pending price escalation/de-escalation a minimum of 60 days prior to the effective date of the price escalation/de-escalation. The price escalation percentage change shall not exceed the previous 1-year's percentage change of the Consumer Price Index for All Urban Consumers (CPI-U) published by the U.S. Department of Labor's Bureau of Labor Statistics. Failure to comply with these instructions shall be grounds for disallowance of a price escalation as allowed herein. If, at the point of exercising the price escalation provision, market media indicators show that the prices have decreased, and that the Awardee has not passed the decrease on to the City of Boynton Beach, the City reserves the right to place the Awardee in default and cancel the award. BASIS OF AWARD: It is the intent of the City to award the bid to the lowest responsive and responsible bidder. Once opened, the bids will be tabulated and evaluated by the City before recommendation and/or notice of intent to award. The City, in its sole discretion, reserves the right to accept or reject any or all bids for any reason whatsoever. The City further reserves the right to waive irregularities and technicalities and/or to request resubmission. There is no obligation on the part of the City to award the bid to the lowest bidder, or any bidder. The City reserves the right to make the award to a responsible bidder submitting a responsive bid most advantageous and in the best interest of the City. The City shall be the sole judge of the bids and the City's decision shall be final, INSURANCE: It shall be the responsibility of the successful bidder to maintain workers' compensation insurance, property damage, liability insurance and vehicular liability insurance, during the time any of bidder's personnel are working on City of Boynton Beach property. The vendor shall furnish the City with a certificate of insurance after award has been made prior to the start of ,any work on City property, Said insured companies must be authorized to do business in the State of Florida and the City will not accept any company that has a rating less than B+ in accordance to A.M. Best's Key Rating Guide, latest edition. 12 Page 288 of 701 INVITATION TO BID FOR ANNUAL SUPPLY OF SODIUM HYDROXIDE (LIQUID CAUSTIC SODA) BID No.: 1 21-1911T SPECIFICATIONS AND TECHNICAL REQUIREMENTS It is the intent of this solicitation to obtain firm, fixed prices per dry ton for the purchase and delivery of Sodium Hydroxide (liquid caustic soda) A. PHYSICAL AND CHEMICAL PROPERTIES Liquid Caustic Soda supplied shall conform to all applicable AWWA/ANSI Standards, latest revisions, including AWWA Standard B501-88. A representative analysis of the Liquid Caustic Soda being provided must be included as part of the bid submittal. 1. Liquid Caustic Soda supplied under this specification shall be Rayon Grade Sodium Hydroxide. The awarded vendor will be required to ship the Sodium Hydroxide as liquid caustic soda. The Liquid Caustic Soda supplied shall be clear and free of any foreign substances or particulate matter. 2. The strength of the Caustic Soda solution shall be based upon the available Na20 (Sodium Oxide) content as determined by AWWA Standard B501-88, latest revision. Test Item& Limit Unit Reference LCP Test Condition Method Sodium Hydroxide 49.00—51.00 % ACS 1.17 (NaOH) Sodium Oxide (Na20) 38.00—39.50 % ACS 1.17 Sodium Carbonate 0.02 Max % ACS 1.15 (Na2CO3) Sodium Chloride 0.004 % CCS 1.15 (NaC1) Sodium Sulfate 0.01 % SCS 5.01 (Na2SO4) Iron (Fe) 4.0 PPM ICS 2.06 Mercury (Hg) 0.5 PPM MCS 3.07 B. NSF CERTIFICATION REQUIREMENT The Bidder shall provide proof with its bid submittal that the Liquid Caustic Soda to be provided is approved for potable water treatment and meets the National Sanitation Foundation Standard 00. If not submitted with the bid, the bidder must submit the documentation within three (3) business days after request from purchasing services. If not submitted within requested timeframe, the bid submittal may be deemed non-responsive. With its bid submittal, the bidder should submit a certificate of compliance and a certificate analysis from the manufacturer, as to the composition of the product. If not submitted with the bid, the bidder must submit the documentation within three (3) business days after request from purchasing services. If not submitted within requested timeframe, the bid submittal may be deemed non-responsive. 13 Page 289 of 701 With its bid submittal, the bidder should submit a Material Safety Data Sheet (M.S.D.S.) on the product offered. If not submitted with the bid, the bidder must submit the documentation within three (3) business days after request from purchasing services. If not submitted within requested timeframe, the bid submittal may be deemed non-responsive. C. DELIVERY AND LOCATIONS Deliveries of Liquid Caustic Soda shall be made by truck to any designated City of Boynton Beach facility location throughout the Utilities Department service area. Currently the location is: West Water Treatment Plant 5469 W. Boynton Beach Blvd. Boynton Beach, Florida 33437 1. Deliveries shall be made within seven (7) days of placing an order by Awardees carrier tank truck to the delivery location. All deliveries shall be made between the hours of 7:OOAM and :OOPM, Monday thru Friday, with the exception of holidays, unless prior arrangements have been made. All standard safety procedures must be followed during the unloading process.. 2. The Awarded vendor is solely responsible for pumping Liquid Caustic Soda into the City's storage tanks and shall provide all necessary hoses, fittings, pumps, etc. required to efficiently and safely fill the designated tanks. D. QUANTITIES It is estimated that approximately 115,000 gallons (1,467,.400 lbs., or 367 dry tons) of 50% aOH.of 50% Liquid Caustic soda shall be provided on an annual basis under this bid. The quantity specified is to be used for cost estimating purposes only and the City of Boynton Beach reserves the right to increase or decrease quantities used without penalty. The City anticipates deliveries will be a twenty (20) ton minimum load (3,135 gallons). 14 Page 290 of 701 INVITATION TO BID FOR ANNUAL SUPPLY OF SODIUM HYDROXIDE (LIQUID CAUSTIC SODA) BID No.: 015-2821-19/IT Date: We the undersigned, as Bidders, hereby declare that we have carefully read this proposal or bid and the provisions, terms and conditions concerning the equipment, materials, supplies or services as called for, and with full knowledge and understanding of the requirements and conditions, do hereby agree to furnish and to deliver as indicated, FOB, City Facility Location, with all transportation charges prepaid, and for the prices quoted thereon as follows. ESTIMATED QTY UNIT DESCRIPTION UNIT PRICE TOTAL PRICE 367 DRY TONS SODIUM HYDROXIDE s-M4�o $ 0 .00 AS PER SPECIFICATIONS i COM ANY NAME SI NATURE kau �MkI44 PRINTED NAME c TELEPHONE NUMBER TITLE E-MAIL ADD ESS 15 Page 291 of 701 Aftachment "A" City of Boynton Beach Risk Management Department INSURANCE ADVISORY FORM Under the letrus and conditimis of all contracts,leases.and agreernerits.the City requires appropriatc coverages li,.aing the City of Boynton Berich as Additimial 111%ured, This is done by providing a Certificate of'Insurance listuig the City as "Certificate Holder" and"The City of'lloyllion Beach is Additiotial Insured m respect to coverages noted." Insurarice Companies providing insurance coverages must have a current rating by A.M. Best Co. or higher. (NOYE: 11n conrract of.hi�,I(jer nu,j,v be acceplvd as proo h1surance if CerlYicale is pnovided upon selection of vendor.) The following is a list of types,of insurance required of contractons, lessees, etc., and the limit-, 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.) ----------------_____________________________________-------------------------------------___________ IYPE (Occurrence Based Only) � _-----------—_--------- ----------------------------------...... ----------------------------___—__-___ Geueru Liability General Aggregate $ l.000.O0V.0O Commercial General Liability Products-Comp/Op Agg. 0l.O0O.00V.0O Owners&Contractor's Pmteuh Protective �ommo ��6b�dv Injury njorx $ l.0O0.000.00 Liquor Liability Each Occurrence $ l.O08.0OO.O0 Professional Liability Fine 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 Lbob $ 508.000.80 Any Auto Bodily Injury(per person) mhede�eoubmd All Owned Autos Bodily Injury(per accident) mbudetermined Scheduled Autos Property Damage mbedetermined Hired Autos Trailer Interchange * 50.000.00 Non-Owned Autos PIP Basic Intermodal -------------------------------------------------------- ------------ ---------------------------------------------------------------------- Garage Liability _____________sunagvLkabiNy Auto Only,Each Accident $ 1.000.008.00 Any Auto Other Than Auto Only $ 100.00000 Garage Keepers Liability Each Accident $ l.AOO'O00V0 Aggregate $ l.V0O.OV0.0V ------------- ------------ ---------- -----------------------------------_------------------------------------- Excess Liability ____________________ExceooLiabdity Each Occurrence mbedetermined Umbrella Form Aggregate mkndetermined -------------------------------------------------- --------__---------------------------------------------------------------_------------ Worker's Compensation ______Whcker'oCompoonmiou Statutory Limits Employer's Liability Each Accident $ 100.008.00 Disease,Policy Limit $ 500,000.00 Disease Each Employee $ 100.000.00 -------------------------------------------------------------__------------------------_-------------_________________ vroperty Homeowners Revocable Puook $ 3OV.0O000 Builder's Risk � Limits based un Project Cost �--------- ---------------------------------- -------'��-—---------------' Other- A�D�b[d��dl�| _ mbedetermined 16 Page 292 Of 701 BIDDER ACKNOWLEDGEMENT Submit Bids to: PURCHASING SERVICES 3301 Quantum Blvd., Suite 101 Boynton Beach, FL 33426 Telephone: (561) 742-6310 Bid Title: "ANNUAL SUPPLY OF SODIUM HYDROXIDE (LIQUID CAUSTIC SODA)" Bid Number: 015-2821-19/I7 Bid Due: February 25, 2019, NO LATER THAN 2:30 P.M. (LOCAL TIME) Bids will be opened in Purchasing Services unless specified otherwise and may not be withdrawn within ninety (90) days after such date and time. All awards made as a result of this bid shall conform to applicable sections of the charter and codes of the City. Name of Bidder: Federal I.D. Number: A Corporation of the State of: el Area Code: Telephone Number: Area Code: —40 FAX Number: 12. Mailing Address: ` „l & City/State/Zip: j Vendor Mailing Date: E-Mail Address: 11414 - u ori ed mature THIS PAGE TO BE SUBMITTED FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 17 Page 293 of 701 NON COLLUSION AFFIDAVIT OF PRIME BIDDER State of . County ofT ) ' t t , being first duly sworn, deposes and says that: 1) He is (Title) (Name of Co poration or Firm) the bidder that has submitted the attached bid: 2) He is fully informed respecting the preparation and contents of the attached bid and of all pertinent circumstances respecting such bid; 3) Said bid is genuine and is not a collusive or sham bid; 4) Further, the said bidder nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly with any other bidder, firm or person to submit a collusive or sham bid in connection with the Contract for which the attached bid has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communications or conference with any other bidder, firm or person to fix the price or prices in the attached bid or of any other bidder, or to fix any overhead, profit or cost element of the bid price or the bid price of any other bidder, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the City of Boynton Beach or any person interested in the proposed Contract; and 5) The price or prices quoted in the attached bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the bidder or any of its agents, representatives, owners, employees, or parties in interest, including this affiant. (Signed) All_ Subscribed and sworn to before me (Title) i i - This day of _ 20 My commission expires ° 0. jV 'x STENIEU PHABACH MY ION 800 223184 = ,A'd EXPIRES 11,2022 ftk INOWWWRI THIS PAGE TO BE SUBMITTED FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 18 Page 294 of 701 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 bid 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: vz � - NAME ONA URE Sworn and subscribed before me this day of 1 20 Printed Information: I NAME TITLE NOTA Y PUBLIC, State of Florida at Large L COMPANY "M STEPHANIE UBACH MY COMMISSION f GO 223464 EXPIRES; 11.2022 ...' 7Ivu Pu6NcUnde wdhn "OFFICIAL NOTARY SEAL" STAMP THIS PAGE TO BE SUBMITTED FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Page 295 of 701 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 BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Page 296 of 701 CONFIRMATION OF DRUG-FREE WORKPLACE Preference shall be given to businesses with drug-free workplace programs. Whenever two or more bids which are equal with respect to price, quality, and service are received by the City of Boynton Beach or by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug-free workplace program. In order to have a drug-free workplace program, a business shall: 1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2) Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3) Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4) In the statement specified in subsection (1), notify the employee that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than 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 ' firs co plies fully with the above requirements. endor's Signature 21 THIS PAGE TO BE SUBMITTED FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Page 297 of 701 PALM BEACH COUNTY INSPECTOR GENERAL ACKNOWLEDGMENT The Contractor is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of this contract, and in furtherance thereof may demand and obtain records and testimony from the Contractor and its subcontractors and lower tier subcontractors. The contractor understands and agrees that in addition to all other remedies and consequences provided by law, the failure of the Contractor or its subcontractors or lower tier subcontractors to fully cooperate with the Inspector General when requested may be deemed by the municipality to be a material breach of this contract justifying its termination. COINTRAC { R NAME ByybVtA4 Title: bfiwLd Date: THIS PAGE TO BE SUBMITTED FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 22 Page 298 of 701 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 Establishe Active: Verified by: Date: 23 Page 299 of 701 CERTIFICATION PURSUANT TO FLORIDA STATUTE § 287.135 behalf of certify Print Name and Title Company Name that -VA 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, 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 24 Page 300 of 701 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 SIGNATU'RE gaki y PRINT NAME TITLE 25 Page 301 of 701 STATEMENT OF NO BID If you are not bidding this service/commodity, please complete and return this form to: PROCUREMENT SERVICES, City of Boynton Beach, 3301 Quantum Blvd., Suite 101, Boynton Beach, FL 33426 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 bid on your Bid No.: 015-2821-19/IT to "ANNUAL SUPPLY OF SODIUM HYDROXIDE (LIQUID AUSTIC SODA)" because of the following reasons: IX Specifications too ""tig ' , i.e., geared toward brand or manufacturer only (explain below) 11 Insufficient ti to respond to the Invitation to Bid We do t offer this product or an equivalent 0 product schedule would notp us ermit to erform p Unable to meet specifications Unable to meet bond requirements Specifications unclear(explain below) Other(specify below) REMARKS: 26 Page 302 of 701 MEMORANDUM TO: To Whom It May Concern FROM: Corey Roberts DATE: April 16, 2018 SUBJECT: Authority to Sign This is to advise that Ray Sibbitt, in his capacity as District Manager, has authority to sign the Bid Documents on behalf of Brenntag Mid-South, Inc. Corey Roberts, VP Operations State of Kentucky County of Henderson...SST Subscribed and sworn to before me by Corey Roberts, personally known to me, on this the 13th day of April, 2018. I V_ Z'�"" L4 Sandra L. Littrell, Notary Public My Commission Expires: 1/22/22 Brenntag Mid-South,Inc. 1405 Highway 136 West(42420) PO Box 20 Henderson,KY 42419-0020 Page 303 of 701 SAFETY DATA I. Identification Product identifier SODIUM HYDROXIDE 50% MEM Other means of identification None. Recommended use ALL PROPER AND LEGAL PURPOSES Recommended restrictions None known. Manufacturer/Importer/Supplier/Distributor information Manufacturer Company name Brenntag Mid-South, Inc. Address 1405 Highway 136,West Henderson, KY 42420 Telephone 270-830-1222 E-mail Not available. Emergency phone number 800-424-9300 CHEMTREC 2. Hazard(s) identification Physical hazards Not classified. Health hazards Skin corrosion/irritation Category 1 Serious eye damage/eye irritation Category 1 Environmental hazards Not classified. OSHA defined hazards Not classified. Label elements Signal word Danger Hazard statement Causes severe skin burns and eye damage. Causes serious eye damage.. Precautionary statement Prevention Do not breathe mist or vapor. Wash thoroughly after handling. Wear protective gloves/protective clothing/eye protection/face protection. Response If swallowed: Rinse mouth. Do NOT induce vomiting. If on skin (or hair): Take off immediately all contaminated clothing. Rinse skin with water/shower. If inhaled: Remove person to fresh air and keep comfortable for breathing. If in eyes: Rinse cautiously with water for several minutes, Remove contact lenses, if present and easy to do. Continue rinsing. Immediately call a poison center/doctor.Wash contaminated clothing before reuse. Storage Store locked up. Disposal Dispose of contents/container in accordance with local/regional/nationaVinternational regulations. Hazard(s)not otherwise None known. classified (HNOC) Supplemental information 50%of the mixture consists of component(s)of unknown acute oral toxicity.50% of the mixture consists of component(s) of unknown acute inhalation toxicity. 3. Composition/information on ingredients Mixtures Chemical name Common name and synonyms CAS number % SODIUM HYDROXIDE(NA(OH)) 1310-73-2 50 WATER 7732-18-5 50 *Designates that a specific chemical identity and/or percentage of composition has been withheld as a trade secret. Material name:SODIUM HYDROXIDE 50%MEM sos,/us 772282 Version#:15 Revision date:09-05-2018 Issue date:05-03-2016 Page 304 0? ki 4. First-aid measures Inhalation Move to fresh air. Call a physician if symptoms develop or persist, Skin contact Take off immediately all contaminated clothing. Rinse skin with water/shower. Call a physician or poison control center immediately. Chemical burns must be treated by a physician. Wash contaminated clothing before reuse. Eye contact Immediately flush eyes with plenty of water for at least 15 minutes, Remove contact lenses, if present and easy to do, Continue rinsing, Call a physician or poison control center immediately. Ingestion Call a physician or poison control center immediately. Rinse mouth. Do not induce vomiting. If vomiting occurs, keep head low so that stomach content doesn't get into the lungs. Most important Burning pain and severe corrosive skin damage. Causes serious eye damage Symptoms may symptoms/effects,acute and include stinging,tearing, redness, swelling and blurred vision. Permanent eye damage including delayed blindness could result. Indication of immediate Provide general supportive measures and treat symptomatically. Chemical burns: Flush with water medical attention and special immediately. While flushing, remove clothes which do not adhere to affected area, Call an treatment needed ambulance. Continue flushing during transport to hospital. Keep victim under observation. Symptoms may be delayed. General information Ensure that medical personnel are aware of the material(s) involved,and take precautions to protect themselves. 5. Fire-fighting measures Suitable extinguishing media Water fog. Foam. Dry chemical powder. Carbon dioxide (CO2). Unsuitable extinguishing Do not use water jet as an extinguisher,as this will spread the fire. media Specific hazards arising from During fire, gases hazardous to health may be formed. the chemical Special protective equipment Self-contained breathing apparatus and full protective clothing must be worn in case of fire, and precautions for firefighters Fire fighting Move containers from fire area if you can do so without risk. equipment1instructions Specific methods Use standard firefighting procedures and consider the hazards of other involved materials. General fire hazards No unusual fire or explosion hazards noted. 6. Accidental release measures Personal precautions, Keep unnecessary personnel away. Keep people away from and upwind of spill/leak. Wear protective equipment and appropriate protective equipment and clothing during clean-up. Do not breathe mist or vapor. Do emergency procedures not touch damaged containers or spilled material unless wearing appropriate protective clothing. Ensure adequate ventilation. Local authorities should be advised if significant spillages cannot be contained. For personal protection, see section 8 of the SDS, Methods and materials for Large Spills: Stop the flow of material, if this is without risk. Dike the spilled material, where this is containment and cleaning up possible. Absorb in vermiculite, dry sand or earth and place into containers. Following product recovery, flush area with water. Small Spills:Wipe up with absorbent material(e.g. cloth, fleece). Clean surface thoroughly to remove residual contamination. Never return spills to original containers for re-use. For waste disposal, see section 13 of the SDS. For waste disposal, see section 13 of the SDS. Environmental precautions Avoid discharge into drains,water courses or onto the ground. 7. Handling and storage Precautions for safe handling Do not breathe mist or vapor. Do not get in eyes, on skin, or on clothing.Avoid prolonged exposure. Provide adequate ventilation,Wear appropriate personal protective equipment, Observe good industrial hygiene practices, Conditions for safe storage, Store locked up. Store in original tightly closed container. Store away from incompatible materials including any incompatibilities (see Section 10 of the SDS). Store away from incompatible materials(see Section 10 of the SDS). Material name: SODIUM HYDROXIDE 50%MEM sos Us 772282 Version#: 15 Revision date:09-05-2018 Issue date:05-03-2016 Page 305 Y X101 8. Exposure controls/personal protection Occupational exposure limits US.OSHA Table Z-1 Limits for Air Contaminants(29 CFR 1910.1000) Components Type Value SODIUM HYDROXIDE PEL 2 mg/m3 (NA(OH))(CAS 1310-73-2) US.ACGIH Threshold Limit Values Components Type Value SODIUM HYDROXIDE Ceiling 2 mg/m3 (NA(OH))(CAS 1310-73-2) US. NIOSH: Pocket Guide to Chemical Hazards Components Type Value SODIUM HYDROXIDE Ceiling 2 mg/m3 (NA(OH))(CAS 1310-73-2) Biological limit values No biological exposure limits noted for the ingredient(s). Appropriate engineering Good general ventilation (typically 10 air changes per hour) should be used, Ventilation rates controls should be matched to conditions. If applicable, use process enclosures, local exhaust ventilation, or other engineering controls to maintain airborne levels below recommended exposure limits. If exposure limits have not been established, maintain airborne levels to an acceptable level. Eye wash facilities and emergency shower must be available when handling this product. Individual protection measures, such as personal protective equipment The fallowing are recommendations for Personnel Protective Equipment(PPE). The employer/user of this product must perform a Hazard Assessment of the workplace according to OSHA regulations 29 CFR 1910.132 to determine the appropriate IPE for use while performing any task involving potential exposure to this product. Eye/face protection Wear safety glasses with side shields(or goggles) and a face shield. Skin protection Hand protection Wear appropriate chemical resistant gloves. Suitable gloves can be recommended by the glove supplier. Other Wear appropriate chemical resistant clothing. Respiratory protection In case of insufficient ventilation,wear suitable respiratory equipment. Thermal hazards Wear appropriate thermal protective clothing,when necessary. General hygiene Always observe good personal hygiene measures, such as washing after handling the material considerations and before eating, drinking, and/or smoking. Routinely wash work clothing and protective equipment to remove contaminants. 9. Physical and chemical properties Appearance Physical state Liquid, Form Liquid. Color Not available, Odor ODORLESS Odor threshold Not available. pH 14 Melting point/freezing point 58°F (14.44°C) Initial boiling point and boiling 293°F (145'C)estimated range Flash point Not available. Evaporation rate Not available. Flammability(solid,gas) Not applicable. Upper/lower flammability or explosive limits Flammability limit -lower Not available. (%) Flammability limit-upper Not available. (%) Material name:SODIUM HYDROXIDE 50%MEM SDS Us 772282 Version#:15 Revision date:09-05-2018 Issue date:05-03-2016 Page 306 N X101 Explosive limit-lower(%) Not available. Explosive limit-upper(%) Not available. Vapor pressure Not available. Vapor density Not available. Relative density Not available. Solubility(les) Solubility(water) Not available. Partition coefficient Not available. (n-octanol/water) Auto-ignition temperature Not available. Decomposition temperature Not available. Viscosity Not available. Other information Density 12.76 lbs/gal Explosive properties Not explosive. Oxidizing properties Not oxidizing. Percent volatile 50 %estimated Specific gravity 1.53 10. Stability and reactivity Reactivity The product is stable and non-reactive under normal conditions of use, storage and transport. Chemical stability Material is stable under normal conditions. Possibility of hazardous Hazardous polymerization does not occur. reactions Conditions to avoid Contact with incompatible materials. Incompatible materials Strong acids. Hazardous decomposition No hazardous decomposition products are known. products 11. Toxicological information Information on likely routes of exposure Inhalation May cause irritation to the respiratory system. Prolonged inhalation may be harmful. Skin contact Causes severe skin burns. Eye contact Causes serious eye damage. Ingestion Causes digestive tract burns. Symptoms related to the Burning pain and severe corrosive skin damage. Causes serious eye damage. Symptoms may physical, chemical and include stinging,tearing, redness,swelling, and blurred vision. Permanent eye damage including toxicological characteristics blindness could result, Information on toxicological effects Acute toxicity Not known. Skin corrosion/irritation Causes severe skin burns and eye damage. Serious eye damage/eye Causes serious eye damage. irritation Respiratory or skin sensitization Respiratory sensitization Not a respiratory sensitizer. Skin sensitization This product is not expected to cause skin sensitization. Germ cell mutagenicity No data available to indicate product or any components present at greater than 0.1% are mutagenic or genotoxic. Carcinogenicity Not classifiable as to carcinogenicity to humans. IARC Monographs.Overall Evaluation of Carcinogenicity Not listed. OSHA Specifically Regulated Substances (29 CFR 1910.1001-1052) Not regulated. Material name:SODIUM HYDROXIDE 50%MEM sUs Us 772282 Version#:15 Revision date:09-05-2018 Issue date:05-03-2016 Page 307 J i01 US. National Toxicology Program(NTP) Report on Carcinogens Not listed. Reproductive toxicity This product is not expected to cause reproductive or developmental effects. Specific target organ toxicity- Not classified. single exposure Specific target organ toxicity- Not classified. repeated exposure Aspiration hazard Not an aspiration hazard. Chronic effects Prolonged inhalation may be harmful. 12. Ecological information Ecotoxicity The product is not classified as environmentally hazardous. However,this does not exclude the possibility that large or frequent spills can have a harmful or damaging effect on the environment. Components Species Test Results SODIUM HYDROXIDE(NA(OH)) (CAS 1310-73-2) Aquatic Crustacea EC50 Water flea (Ceriodaphnia dubia) 34.59-47.13 mg/I, 48 hours Fish LC50 Western mosquitofish (Gambusia affinis) 125 mg/I,96 hours Persistence and degradability No data is available on the degradability of this product. Bioaccumulative potential No data available. Mobility in soil No data available. Other adverse effects No other adverse environmental effects(e.g, ozone depletion, photochemical ozone creation potential, endocrine disruption, global warming potential) are expected from this component. 13. Disposal considerations Disposal instructions Collect and reclaim or dispose in sealed containers at licensed waste disposal site. Dispose of contents/container in accordance with local/regienal/national/international regulations. Local disposal regulations Dispose in accordance with all applicable regulations. Hazardous waste code The waste code should be assigned in discussion between the user, the producer and the waste disposal company. Waste from residues/unused Dispose of in accordance with local regulations. Empty containers or liners may retain some products product residues. This material and its container must be disposed of in a safe manner(see; Disposal instructions). Contaminated packaging Since emptied containers may retain product residue, follow label warnings even after container is emptied. Empty containers should be taken to an approved waste handling site for recycling or disposal. 14. Transport information DOT UN number UN1824 UN proper shipping name SODIUM HYDROXIDE SOLUTION Transport hazard class(es) Class 8 Subsidiary risk - Packing group II Special precautions for user Read safety instructions, SDS and emergency procedures before handling. ERG number 154 Transport information on packaging may be different from that listed. DOT information on packaging may be different from that listed. Transportation information on packaging may be different from that listed, IATA UN number UN1824 UN proper shipping name SODIUM HYDROXIDE SOLUTION Transport hazard class(es) Class 8 Subsidiary risk - Packing group II Environmental hazards No. ERG Code 154 Material name: SODIUM HYDROXIDE 50%MEM sos/us oT 772282 Version#: 15 Revision date:09-05-2018 Issue date:05-03-2016 Page 308 �01 Special precautions for user Read safety instructions, SDS and emergency procedures before handling,. IMDG UN number UN1824 UN proper shipping name SODIUM HYDROXIDE SOLUTION (SODIUM HYDROXIDE (NA(OH))) Transport hazard class(es) Class 8 Subsidiary risk - Packing group II Environmental hazards Marine pollutant No. EmS F-A, S-B Special precautions for user Read safety instructions, SDS and emergency procedures before handling DOT; IATA; IMDG 15. Regulatory information US federal regulations This product is a"Hazardous Chemical'as defined by the OSHA Hazard Communication Standard,29 CFR 1910.1200. TSCA Section 12(b) Export Notification(40 CFR 707, Subpt.D) Not regulated. CERCLA Hazardous Substance List(40 CFR 302.4) SODIUM HYDROXIDE(NA(OH)) (CAS 1310-73-2) Listed. SARA 304 Emergency release notification Not regulated. OSHA Specifically Regulated Substances(29 CFR 1910.1001-1052) Not regulated. Superfund Amendments and Reauthorization Act of 1986 (SARA) SARA 302 Extremely hazardous substance Not listed. SARA 311/312 Hazardous Yes chemical Classified hazard Acute toxicity(any route of exposure) categories Skin corrosion or irritation Serious eye damage or eye irritation SARA 313 (TRI reporting) Not regulated. Other federal regulations Clean Air Act (CAA)Section 112 Hazardous Air Pollutants(HAPs) List Not regulated. Clean Air Act(CAA)Section 112(x)Accidental Release Prevention (40 CFR 68.130) Not regulated. Safe Drinking Water Act Not regulated. (SDWA) US state regulations California Proposition 65 California Safe Drinking Water and Toxic Enforcement Act of 2016 (Proposition 65): This material is not known to contain any chemicals currently listed as carcinogens or reproductive toxins. For more information go to www.P65Warnings.ca.gov. Material name:SODIUM HYDROXIDE 50%MEM sos us 772282 Version#:15 Revision date:09-05-2018 Issue date:05-03-2016 Page 309 6001 US.California.Candidate Chemicals List. Safer Consumer Products Regulations(Cal. Code Regs,tit.22, 69502.3, subd.(a)) SODIUM HYDROXIDE (NA(OH)) (CAS 1310-73-2) International Inventories Country(s) or region Inventory name On inventory(yeslno)w Australia Australian Inventory of Chemical Substances(AICS) Yes Canada Domestic Substances List(DSL) Yes Canada Non-Domestic Substances List(NDSL) No China Inventory of Existing Chemical Substances in China (I ECSC) Yes Europe European Inventory of Existing Commercial Chemical Yes Substances(EINECS) Europe European List of Notified Chemical Substances(ELINCS) No Japan Inventory of Existing and New Chemical Substances(ENCS) Yes Korea Existing Chemicals List(ECL) Yes New Zealand New Zealand Inventory Yes Philippines Philippine Inventory of Chemicals and Chemical Substances Yes (PICCS) Taiwan Taiwan Toxic Chemical Substances(TCS) Yes United States& Puerto Rico Toxic Substances Control Act(TSCA) Inventory Yes *A Yes'indicates that all components of this product comply with the Inventory requirements administered by the governing country(s) A 'No"indicates that one or more components of the product are riot listed or exempt from listing on the inventory administered by the governing country(s). 16. Other information, including date of preparation or last revision Issue date 05-03-2016 Revision date 09-05-2018 Version# 15 HMISO ratings Health:3 Flammability: 0 Physical hazard: 0 NFPA ratings Health:3 Flammability: 0 Instability: 1 Disclaimer While Brenntag believes the information contained herein to be accurate, Brenntag makes no representation or warranty, express or implied, regarding,and assumes no liability for, the accuracy or completeness of the information, The Buyer assumes all responsibility for handling, using and/or reselling the Product in accordance with applicable federal, state and local law, This SDS shall not to any way limit or preclude the operation and effect of any of the provisions of Brenntag"s teras and conditions of sale. Revision information Physical&Chemical Properties: Multiple Properties Physical and chemical properties: Color Material name:SODIUM HYDROXIDE 50%MEM sos us 772282 Version#:15 Revision date:09-05-2018 Issue date:05-03-2016 Page 310 3f X01 ACCN?" CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD/YYYY) 12/27/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(les)must have ADDITIONAL INSURED prDvls(otls or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s), PRODUCER - CONTACT Marsh USA Inc. 1_6 im v 1717 Arch Street PtlerNE ..... _, ..._. _ i=az... [Af Via,Exu' I tAtc N• ®I Philadelphia,PA 19103-2797 E-MAIL _ "� """`" - ADDREss: IN4U€ER@)AFf RQtEGCOVERAGE NAIC4 CN101263979 ALL-*ALL -19 20 _ INSURER A:Insurance ComRa _Oi 11�n 51ata Of�A 19429 �_. .- –y –=—= ._ .._ .. e� INSURED INSURER B:ACE American Insurance Company 1 22667 BRENNTAG MID-SOUTH,INC. —.- ._- 1405 HWY 136 W INSURER c Indemnity Insurance Companyof North America 43575 HENDERSON,KY 42420 _.___... INSURER ACE Fire Underwriters Insurance Company _ 20702 .._ INSURER E_: __.... INSURER F: COVERAGES CERTIFICATE NUMBER: CLE-006117213-27 REVISION NUMBER: 5 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. iii . ,....�. .........�ttOL 9Lf . ' POLICY EFF POLICY EXP "'--_._. L TYPE OF INSURANCE POLICY NUMBER [ M/DDIYYYY MMIDDPYYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY GL6634468 01/01/2019 01/01/2020 EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE : X1 OCCUR DAMAGE T ER NTED --- PREMISFS(Eaocourranoal $_ 1,000,000 X CONTRACTUAL LIABILITY MED EXP(Any one person) $ 10,000 PERSONAL 8 ADV INJURY $ 1,000,000 X£r +ILnC"+C REGATL.LIMIT APPLIES PER: 4 ENERALAGGREGATE $ 1,000,000 PRO- POLIS L I LOC PRODUCTS-COMP/OP AGG $ 1,000,000 ---- OTHER. $ B AUTOMOBILE LIABILITY ISAH25277399 01/01/2019 01/01/2020 COMfl[N11 S.t111(5I.F LIMIT $ 1,000,000 X ANY AUTO _ BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY Per accident AUTOS ONLY AUTOS ( ) $ HIRED NON-OWNED PROPER`SY DA MAC,P S AUTOS ONLY _ AUTOS ONLY Per accidank $ f $ UMBRELLA LIAB ( OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ ._.. ............... DED RETENTION$_.. $ B WORKERS COMPENSATION WLRC65434404(AOS) 0116112619 1_/TV-0L0 X PER OTH- AND EMPLOYERS'LIABILITY STATUTE , ER C ANYPROPRIETOR/PARTNER/EXECUTIVE rrrY---/N- WLRC65434362(CA,MA) 01/0112019 01/01/2020 ` D OFFICER/M EMBER EXCLUDED? NIA E.L.EACH ACCIDENT $ 2,000,000 (Mandatory In NH) SCFC65434441(WI) 01/01/2019 01/01/2020 E.L.DISEASE-EA EMPLOYEE $ 2,000,000 If yes,describe under - DESCRIPTION OF OPERATIONS below 7.C. BIDS AND PURCHASES OVER$100,000 3/19/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 3/19/2019 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R19-031 -Award Bid No. 006-2821-19/TP for Sodium Hypochlorite Tank#1 Replacement, and authorize the City Manager to sign an Agreement with and issue a Purchase Order to the lowest responsive and responsible bidder, Florida Design Drilling Corporation of West Palm Beach, Florida, in the amount of$239,000 plus a 10% contingency amount of$23,900, for a total estimated amount of$262,900. Award is contingent upon receipt and approval of insurance and payment and performance guarantys. EXPLANATION OF REQUEST: On November 20, 2018, Purchasing Services issued a Bid for "Sodium Hypochlorite Tank#1 Replacement" with a non-mandatory pre-bid meeting held on December 3, 2018 in order to review the project with interested and qualified contactors. The purpose of the bid was to obtain the services of a licensed, qualified contractor to replace an existing Sodium Hypochlorite Tank with an in-kind replacement tank at the East Water Treatment Plant. On January 16, 2019, the City opened a total of two (2) submittals to this Bid. The submittal from the apparent low bidder, Boromei Construction Corp. of Okeechobee, Florida was deemed non-responsive for not meeting the minimum qualifications and experience requirements of the Bid. The bid requirements provide that, "Bidder must have successfully completed a minimum of three (3) projects of similar scope and complexity over the past five (5) years, in the state of Florida, and must be able to document the required experience upon request." Boromei Construction Corp. was not able to demonstrate or document the required relevant experience was therefore their bid was deemed non-responsive. After reviewing the bid and references submitted by Florida Design Drilling Corporation, Utilities staff and Purchasing Services recommend this project be awarded to Florida Design Drilling Corporation as the lowest, responsive, responsible bidder. Estimated time to complete: 180 calendar days. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The existing Sodium Hypochlorite Tank#1 at the East Water Treatment Plant has developed a leak and is out of service. Replacement of the tank is necessary as sodium hypochlorite is used for water purification and disinfection as part of the treatment process. FISCAL IMPACT: Budgeted Funds for this expenditure are available in Fund 302-4218-572-63.05. ALTERNATIVES: Reject all bids received. Resolicit the requirement. Require staff to perform these services in-house. STRATEGIC PLAN: Page 312 of 701 STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Resolution Resolution awarding bid and approving Contract with Florida Design Drilling Corporation D Agreement Draft Agreement® Sodium Hypochlorite Tank#1 Replacement D Tab Sheets Tabulation Sheet® Schedule of Bid Items D Tab Sheets Tabulation Sheet® Company Info D Attachment Florida Design Drilling Submittal D Bid Advertised Bid ® Sodium Hypochlorite Tank#1 Replacement Page 313 of 701 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 FLORIDA DESIGN DRILLING 7 CORPORATION, IN RESPONSE TO BID NO. 006-2821- 8 19/TP FOR "SODIUM HYPOCHLORITE TANK #1 9 REPLACEMENT" IN THE AMOUNT OF $239,000.00 PLUS 10 A 10% CONTINGENCY AMOUNT OF $23,900.00 FOR A 11 TOTAL ESTIMATED AMOUNT OF $262,900.00; AND 12 PROVIDING AN EFFECTIVE DATE. 13 14 WHEREAS, the existing Sodium Hypochlorite Tank #1 at the East Water 15 Treatment Plant has developed a leak, is out of service and replacement of the tank is 16 necessary as sodium hypochlorite is used for water purification and disinfection as part of 17 the treatment process; and 18 WHEREAS,on November 20, 2018,Purchasing Services issued a Bid for"Sodium 19 Hypochlorite Tank #1 Replacement" to obtain the services of a licensed, qualified 20 contractor to replace an existing Sodium Hypochlorite Tank with an in-kind replacement 21 tank at the East Water Treatment Plant; and 22 WHEREAS, on January 16, 2019, the City opened a total of two (2) submittals to 23 this Bid and after reviewing the bid and references submitted by Florida Design Drilling 24 Corporation, Utilities staff and Purchasing Services recommend this project be awarded to 25 Florida Design Drilling Corporation as the lowest, responsive, responsible bidder; and 26 WHEREAS,the City Commission of the City of Boynton Beach upon recommendation 27 of staff, deems it to be in the best interest of the citizens of the City of Boynton Beach to award 28 a bid and authorize the City Manager to sign a contract with Florida Design Drilling 29 Corporation, in response to Bid No. 006-2821-19/TP for "Sodium Hypochlorite Tank #1 30 Replacement"in the amount of$239,000.00 plus a 10% contingency amount of$23,900.00 for C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\DCBD9528-906C-4896-AC51-32A567FF97E7\Boynton Beach.15379.1.Award_Bid and—Contract to_Florida Design_Drilling Corp_(Sodium_Hypochlorite)_-_Reso.docx -1 - Page 314 of 701 31 a total estimated amount of$262,900.00. 32 NOW, THEREFORE,BE IT RESOLVED BY THE CITY COMMISSION OF 33 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 34 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 35 being true and correct and are hereby made a specific part of this Resolution upon adoption. 36 Section 2. The City Commission of the City of Boynton Beach, Florida, hereby 37 approves the award of bid and authorizes the City Manager to sign a contract with Florida 38 Design Drilling Corporation,in response to Bid No. 006-2821-19/TP for"Sodium Hypochlorite 39 Tank #1 Replacement" in the amount of $239,000.00 plus a 10% contingency amount of 40 $23,900.00 for a total estimated amount of$262,900.00, a copy of which is attached hereto as 41 Exhibit"A". 42 Section 3. That this Resolution shall become effective immediately. 43 PASSED AND ADOPTED this day of , 2019. 44 CITY OF BOYNTON BEACH, FLORIDA 45 46 YES NO 47 48 Mayor— Steven B. Grant 49 50 Vice Mayor— Christina L. Romelus 51 52 Commissioner—Mack McCray 53 54 Commissioner—Justin Katz 55 56 Commissioner—Ty Penserga 57 58 VOTE 59 ATTEST: 60 61 62 63 Judith A. Pyle, CMC 64 City Clerk C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\DCBD9528-906C-4896-AC51-32A567FF97E7\Boynton Beach.15379.1.Award_Bid and—Contract to_Florida Design_Drilling Corp_(Sodium_Hypochlorite)_-_Reso.docx -2- Page 315 of 701 65 66 67 (Corporate Seal) C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\DCBD9528-906C-4896-AC51-32A567FF97E7\Boynton Beach.15379.1.Award_Bid and—Contract to_Florida Design_Drilling Corp_(Sodium_Hypochlorite)_-_Reso.docx -3- Page 316 of 701 CONSTRUCTION CONTRACT SODIUM HYPOCHLORITE TANK #1 REPLACEMENT THIS AGREEMENT is entered into between the CITY OF BOYNTON BEACH, a municipal corporation, hereinafter referred to as "CITY", and Florida Design Drilling Corporation, a corporation X 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 March 19, 2019, by Resolution No.: the CITY Commission authorized the proper CITY officials to execute this Contract hereinafter referred to as Contract No.: , and; NOW, THEREFORE, CITY and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. SCOPE OF WORK. CONTRACTOR shall furnish all plant, labor, materials, and equipment and perform all the necessary WORK in the manner and form provided in the Contract Documents entitled: SODIUM HYPOCHLORITE TANK#1 REPLACEMENT, Invitation to Bid #006-2821-19/TP. Article 2. CONSULTANT. City of Boynton Beach.("CONSULTANT") has designed the Project and will assume all duties and responsibilities and will have the rights and authority assigned to CONSULTANT in connection with completion of the WORK in accordance with the Contract Documents. Article 3. CONTRACT TIME; LIQUIDATED DAMAGES. 3.1 The WORK will be substantially completed within 180 calendar days from the date when the Contract Time commences to run as provided in paragraph 2.3 of the General Conditions, and completed and ready for final payment in accordance with paragraph 14.9 of the General Conditions within 30 calendar days from the date of Substantial Completion. 3.2 Liquidated Damages. The CITY and CONTRACTOR recognize and acknowledge that time is of the essence of this Contract and that the CITY will suffer financial loss if the WORK is not completed within the times specified in paragraph 3.1 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. Each of the parties acknowledges that it has attempted to quantify the damages which would be suffered by the CITY in the event of the failure of CONTRACTOR to perform in a timely manner, but neither one has been capable of ascertaining such damages with a certainty. CITY and CONTRACTOR also recognize and acknowledge the delays, expense and difficulties involved in proving in a legal preceding the actual loss suffered by the CITY if the WORK is not completed on time. Accordingly, instead of requiring any such proof, the CITY and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay the CITY, 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 Boynton Beach Utilities—Sodium Hypochlorite Tank#1 Replacement C-1 Revised 3/2019 Page 91:7 uFFE)l 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 Dollars ($187.601 for each day that expires after the time specified in paragraph 3.1 for completion and readiness for final payment. Article 4. CONTRACT PRICE. CITY shall pay CONTRACTOR, for faithful performance of the Contract, in lawful money of the United States of America, and subject to the additions and deductions as provided in the Contract Documents, a total sum as follows: Based on the Contract prices shown in the Bid Form submitted to the CITY as subsequently revised and as stated herein,a copy of such Bid Form being a part of the Contract Documents, the aggregate amount of this Contract (obtained from either the lump sum price, the application of unit prices to the quantities shown in the Bid Form or the combination of both) not to exceed: Two Hundred Thirty-Nine Thousand Dollars and Zero Cents $239,000.00 (Written) (Numerical) Article 5. PAYMENT PROCEDURES. CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. CITY will process Applications for Payment as provided in the General Conditions. 5.1 Progress Payments. CONTRACT may submit an Application for Payment as recommended by CONSULTANT, for WORK completed during the Project at intervals of not more than once a month. All progress payments will be on the basis of the progress of WORK measured by the schedule of values established in Paragraph 2.9.1 of the General Conditions and in the case of Unit Price Work based on the number of units completed or, in the event there is no schedule of values, as provided in the General Requirements. 5.2 Prior to Substantial Completion progress payments will be made in an amount equal to 90% of WORK completed, but, in each case, less the aggregate of payments previously made and less such amounts as CONSULTANT shall determine, or CITY may withhold, in accordance with paragraph 14.5 of the General Conditions. 5.3 CONTRACTOR shall submit with each Application for Payment, and updated progress schedule acceptable to the CITY and a Warranty of Title/release of liens relative to the Work that is the subject of the Application. Each Application for Payment shall be submitted to the CITY for approval. The CITY shall make payment to the CONTRACTOR within thirty (30) days after approval by the CITY of CONTRACTOR'S Application for Payment and submission of an acceptable updated progress schedule. 5.4 Ten percent (10) of all monies earned by the CONTRACTOR shall be retained by CITY until fifty (50) percent completion of the construction services purchased (defined as that point at which fifty (50) percent of the construction of the work as defined in the Contract Schedule of Values has been performed under the contract by the CONTRACTOR) has been reached. 5.5 After fifty (50) percent completion of the construction work purchased under the Contract has been reached, five (5) percent of all monies earned by the CONTRACTOR shall be retained by the CITY until Final Completion and acceptance by CITY. Boynton Beach Utilities—Sodium Hypochlorite Tank#1 Replacement C-2 Revised 3/2019 5.6 The CITY may withhold, in whole or in part, payment to such extent as may be necessary to protect itself from loss on account of: a. Defective Work not remedied. b. Claims filed or reasonable evidence indicating probable filing of claims by other parties against CONTRACTOR. c. Failure of CONTRACTOR to make payments properly to SUBCONTRACTORS or for material or labor. d. Damage to another CONTRACTOR not remedied. e. Liquidated damages and costs incurred by the CITY for extended construction administration. When the above grounds are removed or resolved or CONTRACTOR provides a surety bond or consent of Surety, satisfactory to the CITY, which will protect the CITY in the amount withheld, payment may be made in whole or in part. 5.7 Final Payment. Upon final completion and acceptance of the WORK in accordance with paragraph 14.10 of the General Conditions, CITY shall pay the remainder of the Contract Price as recommended by CONSULTANT as provided in paragraph 14.10. Article 6. CONTRACTOR GUARANTEE. CONTRACTOR warrants all work, materials and equipment shall be free from damages and/or defects owing to faulty materials or workmanship for a period of one(1)year after completion of the WORK covered by this Contract. The CONTRACTOR,free of all costs to the CITY, shall replace any part of the equipment, materials, or work included in this Contract, which proves to be defective by reason of faulty materials, damages, and/or workmanship within twelve (12) month period. Article 7. CONTRACT DOCUMENTS. The Documents hereinafter listed shall form the Contract and they are as fully a part of the Contract as if attached hereto: 7.1 Invitation to Bid 7.2 Instructions to Bidders 7.3 Bid Forms (including the Bid, Bid Schedule(s), Information Required of Bidder,Approved Bid Bond, and all required certificates, affidavits and other documentation) 7.4 Contract 7.5 Contractor's Performance and Payment Bond 7.6 General Conditions 7.7 Special Conditions 7.8 Technical Specifications 7.9 Drawings entitled: Appendix"A"and Appendix"B" 7.10 Addendum No. 1 Dated January 3, 2019. Boynton Beach Utilities—Sodium Hypochlorite Tank#1 Replacement C-3 Revised 3/2019 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 33425 Tel (561) 742-6322 Fax (561) 742-6316 And if sent to the CONTRACTOR shall be mailed to: CONTRACTOR: Florida Design Drilling Corporation ADDRESS:7733 Hooper Rd. CITY/STATE/ZIP: West Palm Beach, FL 33411 Attn: Jeffrey Holst Tel: 561-844-2966 Fax: 561-844-2967 Article 9. INDEMNITY. In consideration of Twenty-Five Dollars($25.00)in hand paid and othervaluable consideration, receipt ofwhich is hereby acknowledged, CONTRACTOR agrees to defend, indemnify and hold harmless the CITY, its agents and employees, in accordance with paragraph 6.17 of the General Conditions which is incorporated herein and made a part hereof as if fully set forth herein. It is the specific intent of the parties hereto that the foregoing indemnification complies with Florida Statutes 725.06. It is further the specific intent and agreement of said parties that all of the Contract Documents on this Project are hereby amended to include the foregoing indemnification and the Specific Consideration. Article 10. REIMBURSEMENT OF CONSULTANT EXPENSES. Should the completion of this Contract be delayed beyond the specified or adjusted time limit, CONTRACTOR shall reimburse the CITY for all expenses of consulting and inspection incurred by the CITY during the period between said specified or adjusted time and the actual date of final completion. All such expenses for consulting and inspection incurred by the CITY will be charged to CONTRACTOR and be deducted from payments due CONTRACTOR as provided by this Contract. Said expenses shall be further defined as CONSULTANT charges associated with the construction contract administration, including resident project representative costs. Article 11. FLORIDA'S PUBLIC RECORDS LAW. The City is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically,the Contractor shall: 11.1 Keep and maintain public records required by the CITY to perform the service; 11.2 Upon request from the CITY's custodian of public records, provide the CITY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statue or as otherwise provided by law; 11.3 Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the contact term and, following completion of the contract, Contractor shall 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—Sodium Hypochlorite Tank#1 Replacement C-4 Revised 3/2019 Page 92%8 of :781 11.4 Upon completion of the contract, Contractor shall transfer to the CITY, at no cost to the CITY, all public records in Contractor's possession. All records stored electronically by Contractor must be provided to the CITY, upon request from the CITY's custodian of public records, in a format that is compatible with the information technology systems of the CITY. 11 .5 IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: (CITY CLERK) 3301 QUANTUM BOULEVARD SUITE 101 BOYNTON BEACH, FLORIDA, 33426 561-742-6061 PYLEJ@BBFL.US Article 12. 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 Scrutinized Companies form to certify that the Proposer is not on either of those lists Article 13. MISCELLANEOUS. 13.1 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. 13.2 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—Sodium Hypochlorite Tank#1 Replacement C-5 Revised 3/2019 pelge 921 --F WA41 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 City Manager Contractor Attest/Authenticated: Title (Corporate Seal) City Clerk Approved as to Form: Attest/Authenticated: Office of the City Attorney Secretary Boynton Beach Utilities—Sodium Hypochlorite Tank#1 Replacement C-6 Revised 3/2019 A TTA CHMENT "C" yry I 1 S Boynton Beach Utilities—Sodium Hypochlorite Tank#1 Replacement "z 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, FLORI DA 33425-0310 as Obligee, hereinafter called Owner, in the amount of Dollars ($ ), for payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement dated 120 entered into a contract with Owner for in accordance with drawings and specifications prepared by which contract is by reference made a part of hereof, and is hereinafter referred to as the Contract. Boynton Beach Utilities—Sodium Hypochlorite Tank#1 Replacement 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—Sodium Hypochlorite Tank#1 Replacement 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—Sodium Hypochlorite Tank#1 Replacement PFB-3 THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED AT AWARD "z PAYMENT BOND THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND IN FAVOR OF THE OWNER CONDITIONED ON THE FULLAND 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, FLORI DA 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 2019, 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, Boynton Beach Utilities—Sodium Hypochlorite Tank#1 Replacement PYB-1 THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED AT AWARD gas, power, light, heat, oil, gasoline, telephone service or rental of equipment directly applicable to the Contract. 2. The above named Principal and Surety hereby jointly and severally agree with the Owner that every claimant as herein defined, who has not been paid in full before the expiration of a period of ninety (90) days after the date on which the last of such claimant's work or labor was done or performed, or materials were furnished by such claimant, may sue on this bond for the use of such claimant, prosecute the suit to final judgment for such sum or sums as may be justly due claimant, and have execution thereon. The Owner shall not be liable for the payment of any costs or expenses of any such suit. 3. No suit or action shall be commenced hereunder by any claimant: a. Unless claimant, other than one having a direct contract with the Principal, shall have given written notice to any two of the following: the Principal, the Owner, or the Surety above named, within ninety (90) days after such claimant did or performed the last of the work or labor, or furnished the last of the materials for which such claimant is made, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were furnished, or for when the work or labor was done or performed. Such notice shall be served by mailing the same by registered mail or certified mail, postage prepaid, in an envelope addressed to the Principal, Owner or Surety, at any place where an office is regularly maintained for the transaction of business, or served in any manner in which legal process may be served in the State in which the aforesaid project is located, save that such service need not be made by a public officer. b. After the expiration of one (1) year following the date on which Principal ceased work on such Contract, it being understood, however, that if any limitation embodied in this bond is prohibited by any law controlling the construction hereof such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law. c. Other than in a State Court of competent jurisdiction in and for the County or other political subdivision of the State in which the Project, or any part thereof, is situated, or in the United States District Court for the district in which the Project, or any part thereof, is situated, and not elsewhere. 4. The amount of this bond shall be reduced by and to the extent of a payment or payments made in good faith hereunder, inclusive of the payment by Surety of mechanics liens which may be filed of record against such improvements, whether or not claim for the amount of such lien be presented under and against this bond. 5. This bond is issued in compliance with Section 255.05, Florida Statutes, as may be amended. A claimant, except a laborer, who is not in privity with the Contractor and who has not received payment for its labor, materials, or supplies shall, within 45 days after beginning to furnish labor, materials, or supplies for the prosecution of the work, furnish the Contractor with a notice that he intends to look to the bond for protection. A claimant who is not in privity with the Contractor and who has not received payment for its labor, materials, or supplies shall, within 90 days after performance of the labor or after complete delivery of 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 Boynton Beach Utilities—Sodium Hypochlorite Tank#1 Replacement PYB-2 THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED AT AWARD 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—Sodium Hypochlorite Tank#1 Replacement PYB-3 THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED AT AWARD 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—Sodium Hypochlorite Tank#1 Replacement WT-1 THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED WITH FINAL APPLICATION FOR PAYMENT City of Boynton Beach Risk Management Department INSURANCE ADVISORY FORM Under the terms and conditions of all contracts, leases, and agreements,the City requires appropriate coverages listing the City of Boynton Beach as Additional Insured. This is done by providing a Certificate of Insurance listing the City as "Certificate Holder" and "The City of Boynton Beach is Additional Insured as respect to coverages noted." Insurance companies providing insurance coverages must have a current rating by A.M. Best Co. of"B+" or higher. (NOTE: An insurance contract or binder may be accepted as proof of insurance if Certificate is provided upon selection of vendor.) The following is a list of types of insurance required of contractors, lessees, etc., and the limits required by the City: (NOTE: This list is not all inclusive, and the City reserves the right to require additional types of insurance,or to raise or lower the stated limits, based upon identified risk.) ------------------------------------------------------------------------------------------------------------------------------------------- TYPE (Occurrence Based Only) MINIMUM LIMITS REQUIRED ------------------------------------------------------------------------------------------------------------------------------------------- General Liability General Aggregate $ 1,000,000.00 Commercial General Liability Products-Comp/Op Agg. $ 1,000,000.00 Owners &Contractor's Protective (OCP) Personal &Adv. Injury $ 1,000,000.00 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 ------------------------------------------------------------------------------------------------------------------------------------------- Property Homeowners Revocable Permit $ 300,000.00 Builder's Risk Limits based on Project Cost ------------------------------------------------------------------------------------------------------------------------------------------- Other- As Risk Identified to be determined ------------------------------------------------------------------------------------------------------------------------------------------- INSURANCE ADVISORY FORM C) » \ _ m \ 7 � REQUEST FOR BID SODIUM HYPOCHLORITE TANK#1 REPLACEMENT "Offers from the vendors listed herein are the only offers BID OPENING DATE: 1/16/2019 received timely as of the above receiving date and time. BID OPENING TIME: 230 P.M. All other offers submitted in response to this solicitation, BID No.:006-2821-19/TP if any,are hereby rejected as late" "This bid tabulation is preliminary and all information is subject to review and revision.All bid items and other required items may not be reflected in this VENDORS Boromei Construction,Inc. Florida Design Drilling Corporation 420B NW 3rd St. 7733 Hooper Road Okeechobee,FL 34972 West Palm Beach,FL 33411 Danny Boromei,President Jeffrey Holst,Vice President Telephone:(863)623-4314 Telephone:(561)844-2966 Fax:(863)763-6337 Cellphone:(561)818-3228 dannya,boromeiconstruction.com Fax:(561)844-2967 Ieff2fldrillin2.com BID DOCUMENTS SUBMITTALS Original(1) YES YES Copy(2) YES YES USB/THUMB DRIVE(1) YES YES BID FORM YES YES BID BOND YES YES SCHEDULE OF BID ITEMS $197,725.00 $239,000.00 ADDENDA YES YES ADDENDUMS 1 v v BIDDER ACKNOWLEDGEMENT YES YES BIDDER'S QUALIFICATION STATEMENT YES YES Three 3 Significant Project References No Only 2 Reference Yes 3 Reference CERTIFICATE(FOR PARTNERSHIP) CERTIFICATE(FOR CORPORATION) YES YES CERTIFICATE AS TO CORPORATE PRINCIPAL YES YES CERTIFICATE AND AFFIDAVIT FOR BONDS YES YES CONFIRMATION OF DRUG-FREE WORKPLACE YES YES NONCOLLUSION AFFIDAVIT OF PRIME BIDDER YES YES ANTI-KICKBACK AFFIDAVIT YES YES SAFETY PROGRAM COMPLIANCE YES YES WARRANTIES YES YES CONFIRMATION OF MINORITY OWNED BUSINESS N/A N/A VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES SIGNED SIGNED SCHEDULE OF SUB-CONTRACTORS YES-(1)Sub-Contractor Listed YES-NONE (Titans Protective Cleaning) PALM BEACH COUNTY INSPECTOR GENERAL ACKNOWLEDGEMENT YES YES CITY OF BOYNTON BEACH LOCAL BUSINESS STATUS CERTIFICATION N/A NOT INCLUDED STATEMENT OF NO BID N/A N/A RESUMES INCLUDED INCLUDED STATE OF FL-BUSINESS LICENSES Yes-Included in Submittal No-Not included PROJECT SCHEDULE INCLUDED INCLUDED COMMENTS: Page 333 of 701 BID FORM BID No: 006-2821-191TP PROJECT NAME: SODIUM HYPOCHLORITE TANK#1 REPLACEMENT The City of Boynton Beach is seeking the services of a qualified Contractor to furnish, install and provide all labor to complete the City's project known as SODIUM HYPOCHLORITE TANK#1 REPLACEMENT The work under this project consists of: The CITY of Boynton Beach is seeking the services of a licensed, qualified contractor to replace an existing Sodium Hypochlorite Tank with an in-kind replacement tank at the East Water Treatment Plant. The existing tank has a capacity of 21,846 gallons and was supplied by Plas-Tanks Industries, Inc. in accordance with the attached manufacturer's cut sheet. The new tank shall meet a wind load of at 140 mph. The work includes the hauling and disposal of the existing tank;furnishing and installation of the new tank, hardware, and appurtenances; reconnection of all piping according to the existing installation and manufacturer's cut sheet; and all other work and appurtenances for a complete installation. The contractor shall provide as-built drawings for the new tank in AutoCAD (version 2017 or later)and PDF formats. Submit one(1)original,two(2)copies along with one(1)electronic copy on a USB thumb drive copies of this form to City of Boynton Beach, Florida, Procurement Services, 3301 Quantum Boulevard, Suite 101, Boynton Beach, Florida 33426 Submitted By: Florida Design Drilling Corp. Date: 1/16/19 (BIDDER) To furnish and deliver all materials and to do and perform all WORK in accordance with the Bid Documents, as follows: In order to be considered forthis project,the Bidder must have successfully completed a minimum of three (3) projects of similar scope and complexity over the past five (5) years, in the State of Florida, and must be able to document the required experience upon request. 1. The undersigned BIDDER proposes and agrees, if this Bid is accepted, to enter into an Contract with the CITY to perform and furnish all WORK as specified herein for the Contract Price and within the Contract Period indicated in this Bid. 2. This Bid will remain subject to acceptance for ninety (90) days after the day of Bid opening. BIDDER will sign and submit the necessary documents required by the CITY within ten (10) days after the date of CITY's Award Letter. 3. In submitting this Bid, BIDDER represents, as more fully set forth in the Contract, that THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Boynton Beach Utilities—Sodium Hypochlorite Tank#1 Replacement 93 Page 334 of 701 a. BIDDER has examined the Bid Documents, including the following addenda: Number Date Number Date 1 1/4/19 Receipt of all of which is hereby acknowledged; b. BIDDER has familiarized itself with the nature and extent of the Bid Documents, locality, and all local conditions and laws and regulations that in any manner may affect cost, progress, performance or furnishing of the WORK. C. BIDDER has given the CITY written notice of all conflicts, errors or discrepancies that it has discovered in the Bid Documents and the written resolution thereof by the CITY is acceptable to BIDDER. 4. BIDDER proposes to furnish the WORK in conformity with the drawings and specifications and at the lump sum listed below. The Bid Prices quoted have been checked and certified to be correct. Such Bid Prices are fixed and firm and shall be paid to BIDDER for the successful completion of its obligation as specified in the Bid Documents. 5. BIDDER agrees that the WORK will be substantially completed within '180_consecutive calendar days after the receipt of the Notice to Proceed and final completion will occur within _30® consecutive calendar days after the Notice of Substantial Completion. 6. BIDDER accepts the provisions of the Contract as to liquidated damages in the event of failure to complete the WORK on time. 7. Communications concerning this Bid shall be as follows: Contact Person Jeffrey Holst Business Address 7733 Hooper Rd City, State, Zip Code West Palm Beach, FL 33411 Business Phone Number 561-844-2966 Email Address jell@fldrilling.com Cell Phone Number 561-818-322 8. Other pertinent information is as follows: License Number (Please Attach Copy) CGC 1522104 Federal Tax ID# 20-2779560 Federal Employment ID# Submitted on this 19 day of January , 2019 . a. (If an individual, partnership, or non-incorporated organization) THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Boynton Beach Utilities—Sodium Hypochlorite Tank#1 Replacement 94 Page 335 of 701 Signature of BIDDER By b. (if a corporation) (Affix Seal) Signature of 13IDDE BqyJ rey St Attested by Secretary Incorporated under the laws of the State of Florida Clairr,Dezote.11 BID PRICES WITHOUT THE MANUAL SIGNATURE OFA AUTHORIZED AGENT OF THE BIDDER SHALL BE REJECTED AS NON-RESPONSIVE, NON-CONFORMING AND INELI GILE FOR AWARD. THIS PAGE TO BE SUBMITTED ALONG VWTH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Boynton Beach Utilities—Sodium Hypochlorite Tank#1 Replacement 95 Page 336 of 701 SODIUM HYPOCHLORITE TANK#1 REPLACEMENT BID NO. 006-2821-19/TP SCHEDULE OF BID ITEMS (Revised) ITECO1025 DESCRIPTION EST UNIT UNIT NO I Section I L QTY I COST VALUE GENERAL CONDITIONS Bonds, Insurance&General Requirements. Contractor shall be I LS QCQ limited to a maximum of eight percent(8%)of the total bid price 2 1.11.0 Indemnification 1 LS $25.00 3 1.11.1) As-built Record Drawings(CAD I LS $ I File) WORK SITE Removal and Disposal of existing 4 1.11.E Sodium Hypochlorite Tank and 1 LS $ c6O Ladder with Cage Furnish and Install Sodium 5 1.11.F Hypochlorite Tank, Exterior Paint 1 LS Coating Tank, Sunshade Canopy, Sunshade Covering 6 1.11.G Testing and Operation Training 1 LS $ o6c> 7 1.11.1-1 Furnish and Install Ladder and 1 LS to .C-b Cage TOTAL BID PRICE $ 2,39 (in Numbers) - TOTAL BID PRICE (in Words): Aumm. 1= LeLL (Amounts are to be shown in both figures and words. In case of discrepancies,the amount shown in words will govern for each bid item, unit price and total bid. Extended unit price shall prevail over total price for bid items based upon unit price.) Submitted BY: Florida Design Drilling Corporation Date: 1 16 (BIDDER) THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Boynton Beach Utilities—Sodium Hypochlorite Tank 1 Replacement 96 Page 337 of 701 CERTIFICATE (For Partnership) I HEREBY CERTIFY that a meeting of the partners of a Partnership under the laws of the State of held on 20—, the following resolution was duly passed and adopted: "RESOLVED, that as of the Partnership, is hereby authorized to execute the Bid Form dated 20� between the City of Boynton Beach, Florida, and this Partnership, and that the execution thereof, attested by the of the Partnership be the official act and deed of this Partnership." I further certify that such resolution is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand this®day of 20 (Signature) (Title) STATE OF FLORIDA COUNTY OF Sworn to and subscribed before me on this_day of by who ❑ is personally known to me or who L has presented the following type of identification: Signature of Notary Public, State of Florida Notary seal (stamped in black ink) OR Printed, typed or stamped name of Notary and Commission Number THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Boynton each Utilities-Sodium Hypochlorite Tank 91 Replacement 97 Page 338 of 701 CERTIFICATE (For Corporation) I HEREBY CERTIFY that a meeting of the or of Directors of Florida Design Drilling Cor ,Rpration corporation under the laws of the State of Florida held on . 20 the following resolution was duly passed and adopted. "RESOLVED, that Jeffrey Holst as Vice President of the Corporation, is hereby authorized to execute the Bid Form dated January 16 20 19, between the City of Boynton Beach, Florida, and this Corporation, and that the execution thereof, attested by the Secretary of the Corporation and with corporate seal affixed, shall be the official act and deed of this Corporation". I further certify that such resolution is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand this 14- day of 111kILUAgy 20A_. 01 am— LQ�� Secretary Claire DAdell STATE OF FLORIDA COUNTY OF Fodm V-eeIC-1PI_ Sworn to and subscribed before me on this 15 day of &I u40_!gA 20_LE bywho(kh is personally known to me or who 0 has presented the following type of &E bgZ� &I identification: A �1_p ITW ignature of Notary Public, State of Florida Notary sea](stamped in black ink) OR Printed, typed or stamped name of Notary and Co m m i wry SHARON LAWRENCE MCGEE k\)� Notary Public-Stat of Florida Commission 6 GG 129/64 My Comm.E*ires Jul 31,2021 Bonded thlOugh Nalionalt4olivyAm. • SHARON THIS PAGE TO BE SUBMITTED ALONG NTH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Boynton Beach Utilities—Sodium Hypochlorite Tank#1 Replacement 98 Page 339 of 701 BID BOND STATE OF FLORIDA COUNTY OF PALM BEACH KNOW ALL MEN BY THESE PRESENTS,that Florida Design Drilling Corporation as Principal, and Western Surety Company , as Surety, authorized to do business in the State of Florida are held and firmly bound unto the Owner, City of Boynton Beach in the penal sum of Five Percent of Amount Bid Dollars ($ ---5%--- ) lawful money of the United States, for the payment of which sum will and truly to be made, we bond ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the Principal has submitted the accompanying bid, dated January 16th 1 2019 ,for- (SODIUM HYPOCHLORITE TANK#1 REPLACEMENT) NOW THEREFORE, A. If the principal shall not withdraw such Bid Within ninety (90) days after date of opening of the same, and shall within ten (10) days after the prescribed forms are presented to the principal for signature,enter into a written Contract with the Owner in accordance with the Bid as accepted, and give bonds with goods and sufficient surety or sureties, as may be required, for the faithful performance and proper fulfillment of such Contract then the above obligations shall be void and of no effect, otherwise to remain in full force and effect. B. In the event of the withdrawal of such Bid within the period specified, or the failure to enter into such Contract and give such bonds within the time specified, if the principal shall pay the Owner the difference between the amount specified in such Bid and the amount for which the Owner may procure the required work and supplies, if the [after amount be in excess of the former then the above obligations shall be void and of no effect, otherwise to remain in full force and effect. C. This bond is given to comply with Section 255.05 Florida Statutes, and any action instituted by a claimant under this bond for payment must be in accordance with the notice and time limitation provisions in Section 255.05(2), Florida Statutes. THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Boynton Beach Utilities-Sodium Hypochlorite Tank#1 Replacement 99 Page 340 of 701 IN WITNESS WHEREOF, the above bounded parties have executed this instrument under their several seals, this 16th day of janualy , 2019 , being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of is governing body. WITNESS: (if Sole Ownership or Partnership,two (2)Witnesses required). (if Corporation, Secretary only will attest and affix seal). PRINCIPAL: Florida Design Drilling Corporation Name of Firm JITNESS: .............................................................................. .............. ... ...... ................................... Cutm L"n m4of AAhorized Officer(affixed seal) i S-1 1 Title 7733 Hooper Road Business Address West Palm Beach,FL 33411 City and State THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Boynton Beach Utilities-Sodium Hypochlorite Tank#1 Replacement 100 Page 341 of 701 SURETY: Western Surety Company Corporate Surety WITNESS: Obert A. Jr. Attom_e_y_rAi_n_-Fact(affix seal),Allyson Foss& Florida Licensed Resident Agent P.O.Box 5077 Business Address Sioux Falls,SD 57117-5077 City and to TCA Surety Group,LLC Name of Local Insurance Agency Inquiries: (321) 800-6594 THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Boynton Beach Utilities—Sodium Hypochlorite Tank#1 Replacement 101 Page 342 of 701 Western Surety Company POWER OF ATTORNEY APPOINTING INDIVEDUAL ATTORNEY-IN-FACT Know All Men By These Presents,That WESTERN SURETY COMPANY,a South Dakota corporation,is a duly organized and existing corporation having its principal office in the City of Sioux Falls,and State of South Dakota,and that it does by virtue of the signature and seal herein affixed hereby make,constitute and appoint A-Hyson Foss,Jorge L Bracamonte,IndividuaUy of Orlando,FL,its true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature ® ®t8 is - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney,pursuant to the authority hereby given,are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-law printed on the reverse hereof,duly adopted,as indicated,by the shareholders of the corporation. In Witness Whereof,WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 6th day of November,2018. NZ WESTERN SURETY COMPANY sWl SAr�/� T. at,Vice President State of South Dakota ss County of Mirmehaha On this 6th day of November,2018,before me personally came Paul T.Bruflat,to me known,who,being by me duly sworn,did depose and say: that he resides in the City of Sioux Falls, State of South Dakota;that he is the Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument;that he knows the seal of said corporation;that the seal affixed to the said instrument is such corporate seal;that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation, My commission expires J.MOLAR sU J 23,2021 J.Mohr,Notary Public CERTIFICATE I,L.Nelson,Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force,and further certify that the By-Law of the corporation pfinW on the reverse hpeTofis still in force. In testimony whereof I have hereunto subscribed 07 my name and affixed the seal of the said corporation this day of "Err WESTERN SURETY COMPANY • L.Nelson,Assistant Secretary Farm F4280-7-2012 Go to www.cnasurety.com>Owner/Obligee Services>Validate Bond Coverage,if you want to verify bond authenticity. Page 343 of 701 CERTIFICATE AS TO CORPORATE PRINCIPAL 1, CLA( , certify that I am the Secretary of the Corporation named as Principal int within bond; that mL's who signed the such Bid Bond on behalf of the Principal, was then M15A)-D-.r L 6— of such Corporation; that I know his signature, and his signature hereto is genuine; and that such bond was duly signed,sealed,and attested for and in behalf of such Corporation by authority of its governing body. od Secretary (corporate seal) STATE OF FLORIDA COUNTY OF PALM BEACH Before me, a Notary Public duly commissioned, qualified and acting, personally appeared Allyson Foss to me well known, who being by me first duly sworn upon oath, says that he is the Attomey-in-Fact, for the she Western Surety CaLiy and that -he has been authorized by Western Su�rCoMpany to execute the foregoing bond on behalf of the Contractor named therein in favor for the Owner, the City of Boynton Beach. 4ACVJDMMNOUS NaWry Pift-Side of FaWs 17 I:j Camrrission I GG 162325 My Comm,Exore Now 21,2021 Banded LhMLSh Manal Nel"Awn. THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Boynton each Utilities—Sodium Hypochlorite Tank#1 Replacement 102 Page 344 of 701 0 CERTIFICATE AND AFFIDAVIT FOR BONDS TO: CITY OF BOYNTON BEACH COMMISSIONERS RE: Bid Number: 006-2821-19fTP Bidder: Florida Desiign Drilling Corporation Name: Florida Des!gn Drilling Cooration Address: 7733 Hooper Road City/State: West Palm Beach,FL -ZIP: 33411 Phone: (561) 844-2966 Bond Amount: Five Percent of Amount Bid SURETY BOND COMPANY: Name: Western Surely Company Address: P.O.Box 5077 City/State: Sioux FaRS,SD 57117-5077 ZIP: 57117-5077 Phone: .(800) 331-6053 Inquiries: (321) 800-6594 This is to certify that in accordance with Chapter 85-104, Laws of Florida (HB 1266) the insurer named above: 1. Holds a certificate of authority authorizing it to write surety bonds in the state of Florida; 2. Has twice the minimum surplus and capital required by the Florida Insurance Code; and 3. Holds a current valid certificate of authority issued by the United States Department of Treasury under Sections 9304 to 9308 of Title 31 of the United States Code. yX janu16,2019 �.x Date Agent anh Attorney-in-Fact Allyson Foss Florida Licensed Resident Agent THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Boynton each utilities-Sodium Hypochlorite Tank#1 Replacement 103 Page 345 of 701 Western Surety Company POWER OF ATTORNEY APPOINTING INDWIDUAL ATTORNEY-IN-FACT Know All Men By These Presents,That WESTERNS COMPANY,a South Dakota corporation,is a duly organized and existing corporation having its principal office in the City of Sioux Falls,and State of South Dakota,and that it does by virtue of the signature and seal herein affixed hereby make,constitute and appoint Allyson Foss,Jorge L Bracamonte,IndividuaRy of Orlando,FL,its true and lawful Attorney(s)-in-Fact with AM power and authority hereby conferred to sign,seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature _In UnUmited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney,pursuant to the authority hereby given,are hereby ratified and confirmed, This Power of Attorney is made and executed pursuant to and by authority of the By-Law printed on the reverse hereof,duly adopted,as indicated,by the shareholders of the corporation, In Witness Whereof,WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate SMJ to be hereto affixed on this 6th day of November,2018. IA jr.ET WESTERN SURETY COMPANY C; auk T.l3ruflat,Vice President State of South Dakota ss County of Minnehaha I On this 6th day of November,2018,before me personally came Paul T.Bruflat,to me known,who,being by me duly sworn,did depose and say: that he resides in the City of Sioux Falls, State of South Dakota;that he is the Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument;that he knows the seal of said corporation;that the seal affixed to the said instrument is such corporate seal;that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires A=M101.IHIR June23,2021 J.Mohr,Notary Public CERTIFICATE 1,L Nelson,Assistant Secretary of WESTERNS COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force,and further certify that the By-Law of the corporation printl!�q n the reverse heleo"'f is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this day of &T Er WESTERN SURETY COMPANY 0 AyyY L.Nelson,Assistant Secretary' Form F4280-7-2012 Go to www.cnasu rety.corn>Owner Obligee Services'Validate Bond Coverage,if you want to verify bond authenticity. Page 346 of 701 A D D E N D A CITY OF BOYNTON BEACH FLORIDA BID TITLE: SODIUM HYPOCHLORITE TANK#1 REPLACEMENT BID NO.: 006-2821-19/TP BIDDER: Florida Design Drilling Corporation DATE SUBMITTED: 1/16/19 We propose and agree, if this bid is accepted, to contract with the City of Boynton Beach, in the Contract Form, to furnish all material, equipment, machinery, tools, apparatus, means of transportation, construction, coordination, labor and services necessary to complete/provide the work specified by the Contract documents. Having studied the documents prepared by: CITY OF BOYNTON BEACH and having examined the project site(when indicated in these specifications to do so),we propose to perform the work of this Project according to the Contract documents and the following addenda which we have received: ADDENDUM NO. DATE ADDENDUM NO. DATE 1 1/4/19 ---------------- E] NO ADDENDUM WAS RECEIVED IN CONNECTION WITH THIS BID THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Boynton Beach Utilities—Sodium Hypochlorite Tank#1 Replacement 105 Page 347 of 701 i BIDDER ACKNOWLEDGEMENT Submit Bids To: PROCUREMENT SERVICES 3301 Quantum Boulevard, Suite 101 Boynton each, Florida 33426 Telephone: (561) 742-6322 Bid Title: SODIUM HYPOCHLORITE Bid Number: 006-2821-1 SITP Bi - l- i Due y: JANUARY 9, 2019, M. Bids will be opened in Procurement Services unless specified otherwise. id receiving date and time is scheduled for: JANUARY 9, 2019, no later than M. (local time)and may not be withdrawn within ninety O days after such date and time. Alla ars made as a result of this bid shall conform to applicable sections of the charter and codes of the City. Name of Vendor: Florida Design Drilling Corporation Federal I.D. Number: 20-2779560 A Corporation of the State of: Florida Area Code: 561 Telephone Number: 844-2966 Area Code: 561 FAX Number: 844-2967 Mailing Address: 7733 Hooper Road City/State/Zip: West Palm Beach,FL 33411 o na -mail: jeff@fldrilling.com rizd Sigture Jeffrey Holst Name Typed THIS PAGE TO BE SUBMITTED LWITH PROPOSAL IN ORDER FOR BIDK TO BE CONSIDERED LT ACCEPTABLE Boynton Beach Utilities—sodium Hypochlorite Tank#1 Replacement 106 Page 348 of 701 u'f4s,M �f d is BIDDERBIDDER'S QUALIFICATIONS STATEMENT shall furnish the following information. II questions to be answered in full, without exception. If copies of other documents will provide the appropriate answer to the question,they may be attached and clearly labeled. Failure to comply with this requirement will render Bid non-responsive and maycause its rejection. Additional sheets shall be attached as required. 1. BIDDER'S Name, Principal Address, Phone and Fax Number: Florida Design Drilling Corporation 7733 Hooper Road West Palm Beach, FL 33411 561-844-2966 FAX 561-844-2967 2. Number of years as a Contractor in this type of work: 6 3. Names and titles of all officers, partners or individuals doing business under trade name: Daniel Ringdahl CEO Noah Ringdahl President . The business is : Sole Proprietorship ❑ Partnership El Corporation . Name, address, and telephone number of surety company and agent who will provide the required bonds on this contract: JCA Surety Group, 123 Zelma St, Suite A, Orlando, FL 32803,Jorge Bracamonte, 321-800-6594 6. What is the last project of this nature that you have completed? City of West Palm Beach Five Hypochlorite Storage and Feed Systems 7. Have you ever failed to complete work awarded to you. If so,when, where and why? No THIS PAGE TO BE SUBMITTED ALONG WITHPROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDEREDCOMPLETE AND ACCEPTABLE Boynton Beach Utilities—Sodium Hypochlorite Tank#1 Replacement 107 Page 349 of 701 8. Have you personally inspected the proposed WORK and do you have a complete plan for its performance? Yes ............................................ .................................................................................... 9. List CM's or GC's your company has worked for within the past three years, (List 2 other than those shown below) CMI/GC Contact Tel: No.1 See attached Person: E-Mail: CWGC Contact Tel: Nm 2 Person: E-Mail: 10. List three SIGNIFICANT PROJECTS completed within the past five years. Your$ Project See attached Location: Subcontract $ Date No 1 Amount: Completed: Contracting contact Tel: E-Mail: Your$ Project Location: Subcontract $ Date No.2 Arnount: Corn oleted- Contracting Contact Tel: A en Person: E-Mail: Your$ Project Location: Subcontract $ Date No.3 Amount: Completed; Contracting Contact Tel: en Person: E-Mail: 11. List three SIGNIFICANT PROJECTS currently under construction. Your$ Project See attached Location: Subcontract $ Date No 1 Amount: Completed: Contracting Contact Tei: E-mail:.enc : Persor7: Your$ Project Location: Subcontract $ Date No,2 Amount Completed: Contracting Contact Tel: Agency: Person: E-mail: Your$ Project Location: Subcontract $ Date No.3 Amount: Completed: Contracting Contact T& Agency: Person: E-mail: THIS PAGE TO BE SUBM17TED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Boynton each Utilities—Sodium Hypachlorite Tank#1 Replacement 108 Page 350 of 701 1 . List the pertinent experience of the key individuals of your organization (continue on insert sheet, if necessary). See attached resunssc 13. State the name and licensing of the individual who will have personal supervision of the WORK. Jeff 'Holst, General Contractor 14. Will you sublet any part of this WORK? If so, give details. Crane services. 15. What equipment do you own that is available for the WORK? 0o fttcelclnler 16. What equipment will you purchase for the proposed WORK? None 17. What equipment will you rent for the proposed WORK? Crane 18. Has the Bidder or any principals of the Firm failed to qualify as a responsible Bidder, refused to enter into a contract after an award has been made, failed to complete a contract during the past five (5) years, or been declared to be in default in any contract in the fast five(5)years? If yes, please explain below: No THIS TO BE SUBMITTED ITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDEREDCOMPLETE AND ACCEPTABLE Boynton Beach Utilities—Sodium Hypochlorite Tank 91 Replacement 109 Page 351 of 701 19. List and describe all bankruptcy petitions(voluntary or involuntary)which have been filed by or against the Bidder, its parent or subsidiaries or predecessor organizations during the past five (5) years. Include in the description,the disposition of each petition. None 20. List all claims, arbitrations, administrative hearings and lawsuits brought by or against the Bidder or its predecessor organization(s) during the last five(5) years. The list shall include all case names, case arbitration or hearing identification numbers, the name of the project which the dispute arose, and a description of the subject matter of the dispute. None 21. Is the Bidder currently in default on any loan agreement or financing agreement with any bank,financial institution,or other entity? If yes, specify in details the circumstances and prospects for resolution. No ................................................................................................ ............................................................ ............................................................ ........... 22. Bank References(include name,job title, and telephone number of contact person)-Minimum I Flagler Bank,Jose Cana, 561-841-3868 ------------------------------ 23. Annual Average Services Revenue of the Proposer for the last three years as follows: ---F-- �Revenue Index Number a. Government Related Work $12M per year b. Non-Governmental Related Work —$4M per ear Total Work(a tjb : $16M per year Services Revenue Index Number 1. Less than $100,000 2. $100,000 to less than$250,000 3. $250,000 to less than$500,000 4. $500,000 to less than$1 million 5. $1 million to less than $2 million 6, $2 million to less than$5 million 7. $5 mil I ion to less than$10 m i Ilion 8. $10 million to less than$25 million 9 $25 million to less than$60 million 10. $50 million or greater THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Boynton each Utilities-Sodium Hypochlorite Tank#1 Replacement 110 Page 352 of 701 24. Principal Materials Manufacturer and Subcontractors. The BIDDER who proposes to perform WORK specified and shown on the Drawings is submitting this Bid Form. The Schedule of Bid Prices shown on the preceding pages(s)has been calculated and tabulated using basic material prices. The following is a list of material manufacturers and subcontractors whose materials and services such BIDDER proposes to furnish and utilize if awarded a CONTRACT for the WORK specified herein and shown on the Plans. It is understood that the following list is not complete, but includes the names of manufacturers of the principal components and subcontractors supplying principal services to such project. It is also understood that if awarded a Contract, the BIDDER will furnish the materials of the manufacturers and utilize the services of the subcontractors stated herein and that if for any reason whatsoever BIDDER wishes to substitute materials or subcontractors BIDDER shall request permission in writing from the CITY stating fully the reason for making such a request prior to ordering same. All manufacturers or their authorized vendors have been made aware of all the appropriate portions of the Bid Documents and agree that their materials will meet all of the requirements stated therein and deliveries will be scheduled so as not to impede the progress of the WORK. Materials: Item Manufacturer Chemical Storage Tank ..................................... THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Boynton Beach Utilities-Sodium Hypochlorite Tank#1 Replacement ill Page 353 of 701 The BIDDER acknowledges and understands that the information contained in response to this Qualification's Statement shall be relied upon by CITY in awarding the contract and such information is warranted by BIDDER to be true. The discovery of any omission or misstatement that materially affects the BIDDER'S qualifications to perform under the contract shall cause the CITY to reject the Bid,and if after the award,to cancel and terminate the award and/or contract. The BIDDER also acknowledges that all information listed above may be checked by the CITY and authorizes all entities or persons listed above to answer any and all questions. BIDDER hereby indemnifies the CITY and persons or entities listed above and hold them harmless from any claim arising from such authorization or the exercise thereof, including the dissemination of information requested above. By fedrey 40-1st {Signature) Date THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Boynton Beach Utilities—Sodium Hypochlorite Tank#1 Replacement 112 Page 354 of 701 0 CONFIRMATION OF DRUG-FREE WORKPLACE IDENTICAL TIE BIDS Preference shall be given to businesses with drug-free workplace programs. Whenever two or more bids which are equal with respect to price, quality, and service are received by the City of Boynton Beach or by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug-free workplace program. In order to have a drug-free workplace program, a business shall: 1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2) Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3) Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4) In the statement specified in subsection(1), notify the employee that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state,for a violation occurring in the workplace no later than 5 days after such conviction. 5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community by, any employee who is so convicted. 6) Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. Jeen os5ignature Y THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Boynton Beach Utilities—Sodium Hypochlorite Tank#1 Replacement 113 Page 355 of 701 0 NON COLLUSION AFFIDAVIT OF PRIME BIDDER State of Florida County of Palm Beach Jeffrey o s , being first duly sworn,deposes and says that: 1) He is Vice President of Florida Design Drilling Corporation (Title) (Name of Corporation or Firm) the bidder that has submitted the attached bid: 2) He is fully informed respecting the preparation and contents of the attached bid and of all pertinent circumstances respecting such bid; 3) Such bid is genuine and is not a collusive or sham bid; 4) Further,such bidder nor any of its officers, partners,owners, agents, representatives,employees or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly with any other bidder, firm or person to submit a collusive or sham bid in connection with the Contract for which the attached bid has been submitted or to refrain from bidding in connection with such Contract,or has in any manner,directly or indirectly,sought by agreement or collusion or communications or conference with any other bidder,firm or person to fix the price or prices in the attached bid or of any other bidder, or to fix any overhead, profit or cost element of the bid price or the bid price of any other bidder, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the City of Boynton Beach or any person interested in the proposed Contract; and 5) The price or prices quoted in the attached bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the bidder or any of its agents, representatives, owners, employees, or parties in interest, including this affiant. Si ned W ' ( g ) (Title) Jeffrey Hol t,Vice President Subscribed and sworn to before me This 06 day of !2j- _ , 20j My comm=�iresires rON LAWRENCE MCGEEa -® y Puhtic-State of Florida• mmission I GG 129164x' omm,Expires Jul 3t,2021dthrough Naliorwit Notary ASan. THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Boynton Beach Utilities—Sodium Hypochlorite Tank#1 Replacement 114 Page 356 of 701 ANTI-KICKBACK AFFIDAVIT STATE OF FLORIDA SS} COUNTY OF PALM BEACH ) I, the undersigned herebyorn, depose and say that no portion of the sum herein bid will be paid to anye io s of the City of Boynton Beach as a commission, kickback, reward f gift, directly or indirectly by me or any member of my firmor by an officer o the corporation, By: J.,A, - °G AT Jeffrey Hoist Sworn and subscribed eor this of 201 Printed Information: Jeffrey Holst NAME Vice President TITLE t' LIC, State of Florida at LargeFlorida Design DrillingCorporation COMPANY SHARON LA NCE MCGLE a ary1'utlli[-State-fFlvrida Commission#GG 1 2916 4 yCamm. iresJu131,2021 Bm&dthr®ug6NalimdNolaryfiam "OFFICIAL NOTARY L" STAMP THIS PAGE TO BE SUBMITTEDL I L IN ORDER FOR BID PACKAGE TO BE CONSIDERED L Boynton Beach Utilities—Sodium Hypochlorite Tank#1 Replacement 115 Page 357 of 701 Y H 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 signthe statement, I certlify that this firm complies fully with the above requirements. 'AUTHORIZED SIGNATURE Jeffrey Hoist THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Boynton Beach Utilities—Sodium Hypochlorite Tank#1 Replacement 116 Page 358 of 701 k 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 8. 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 THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Boynton Beach Utilities—Sodium Hypochlorite Tank#1 Replacement 117 Page 359 of 701 portions of the Itenl(S) that are not fabricated by the Contractor, and in accordance with the Contractor's recommendations, a copy of which has either been supplied to the City of Boynton Beach should maintain complete and accurate records made at the time of performance of maintenance showing compliance with such instructions, and by acceptance of this Warranty, the City of Boynton Beach, Florida, agrees to present such records to the Contractor upon request in the event of a claim hereunder by the City; 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 l5day of X"I JAAL_, 2019. (SEAL) CONT7kRA7f7Florida Design Drilling Corporation .A By /deNey-Wolst- Secretary THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Boynton Beach Utilities-Sodium Hypochlorite Tank#1 Replacement 118 Page 360 of 701 ass}1�1"i�s� CONFIRMATION OF MINORITY OWNED BUSINESS This requested form to be made a part of our files for future use and information. Please fill out and indicate i the appropriate spaces rvi a hich category s describes your company. Return this form withyour bid proposal sheet making it an official part of your bid response. Is your company a Minority Owned Business? X Ys No If Yes, please indicate n "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 OwnedBusiness? YES NO X If YES, Name the Organizationfrom hich this certification was obtaineddate: Issuing Organization forifition Date of Certification THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BIDPACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Boynton Beach Utilities—Sodium Hypochlorite Tank#1 Replacement 119 Page 361 of 701 s t1j CERTIFICATION PURSUANT TO FLORIDA STATUTE § 287.135 I, Jeffrey Holst,Vice Presidenton behalf of Florida Design Drilling CorpoON Print Name and Title Company Name that Florida Design Drilling Corporation 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. THIS PAGE TO BE SUBMITTED ALONG VATH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Boynton Beach Utilities—Sodium Hypochlorite Tank#1 Replacement 120 Page 362 of 701 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. Florida Design Drilling Corporation 21,1- COMPANY NAME S1 NAT E 166NATORE Jeffrey Hoist Vice President PRINT NAME TITLE THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Boynton Beach Utilities—Sodium Hypochlorite Tank 01 Replacement 121 Page 363 of 701 C) 0 U) 0 0 d t0 t3 0 0 E CL 0 a) a) U 0 .- 0 cp r ay a) = 0 t: 4W E 0 0 0 a) 0 uj W CL 0 0 0 LU as .9 z a) m 0 a) 0 c) CL r E a) [2 0 Z .2 9L CL a) 0 Lu IL CL D E OL-i 0 CD CD P 2! X 2 0 z o .0 CL 0 04 CO V 00 2! CD 00 ZW = C%l 0 -J LU f to 0 E4 a P4 all a) - U = w E to a) Uj Z E LL on 4- C) 0 0 4) 21OB L) U)z Lu C) LU U) W > 0 U)0 0) ui _2 bo LLI 0cur :3 as 0 0 .2 0 0 >; Uj() 0 0 m rL 0 0 Cr a .6 0 U 0 0 E U. to C E -0 A-1 w U) (D 0 -0 -1r -le w m S CL Co U) m E 0 a = 0 0 0) CL 0 a ` 0 m 0 0 0 — � '0 0 d) 0 0 0 r 0 3 C, a a) m cl a) 0�D ZI 0 2 E W CL >1 w z 0 a) E = #D c CD W cn F- w CL U) F- 0 rn Page 364 of 701 PALM BEACH COUNTY INSPECTOR GENERAL ACKNOWLEDGMENT BID .: - BID TITLE: SODIUM HYPOCHLORITE TANK #1 REPLACEMENT The Contractor is aware that the Inspector General of Palm Beach County has the authority t investigate and audit matters relating o the negotiation and performanceof this Contract and i furtherance thereof may demand and obtain records and testimony from the Contractor and its subcontractors and lower tier subcontractors. The contractor understands and agrees that in addition to all other remedies and consequences provided by law, the failure of the Contractor or its Subcontractors or lower tier subcontractors to fully cooperate with the Inspector General when requested, may be deemed by the municipality to be a material breach of this contract justifying its termination. Florida Design Drilling Corporaton CONTRACTOR NAME J,gfffeyY6M Title: Vice President l � Date: Y41 THIS PAGE TO BE SUBMITTED LWITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETEAND ACCEPTABLE Boynton Beach Utilities—Sodium Hypochlorite Tank#1 Replacement 123 Page 365 of 701 The City of Boynton Beach Finance/Procurement Services 3301 Quantum Boulevard,Suite 101 Boynton Beach.FL 33426 P. O.Box 310 Boynton Beach,Florida 33425-0310 Telephone: (561)742-6322 FAX.- (561) 742-6316 DEME�JT OF ADDENDLMbQ�j "SODIUM HYPOCHLORITE TANK# 1 REPLACEMENT" BID No.: 006-2821-19/TP RESPONDENT MUST SIGN, DATE AND INCLUDE THIS "ACKNOWLEDGEMENT OF ADDENDUM NO. 1 WITH BID PACKAGE FOR SUBMITTAL TO BE CONSIDERED 02MELEICE AND ACCEP Jeffrey HOlst PRINTAUTHORIZED SI TU AUTHORIZED REPRESENTATIVE REPRESENTATIVE Florida Design Drilling Corporation NAME OF COMPANY I",qwz DAIE DATE Addendum No.1 Sodium Hypochlorite Tank#1 Replacement—BID No.006-2821-19/TP 21 ' e Page 366 of 701 Consultant/Client References Curtis Robinson - Holtz Consulting .coym (561)575-2005 Project: Multiple Jason Pugsley- Mathews Consulting (561) 655-6175 Project: Multiple Brandon Selle- Seacoast Utility Authority ............ (561) 627-2900 x316 Project: Multiple Edna Boneill - City of West Palm Beach Engineering (561) 494-1157 Project: Multiple Joe Paterniti - Boynton Beach Utilities paIemJfij(q)bbfl.us Jar- (561)742-6423 Project: Lift Station 309 John Cairnes- Mock Roos &Associates Project: Eastern Well Field 12-14 Page 367 of 701 HARMONY WELL NO. WELL Owner: Toho Water Authority Engineer: Tetra Tech Contact: Mike Powers Phone: (407) 791-5201 Description: Harmony Well No. 213 and Bay Lake Estates Well No.2, which includes furnishing all labor, equipment and materials necessary for: Installation of well pump and appurtenances at Harmony Well No. 211 and well pump and appurtenances at Bay Lake Estates Well No.2 including but not limited to demolition, electrical, instrumentation/controls,fencing, site work,and discharge piping. Completed: April-18 On time? Yes Initial Amount $ 494,000 Change Orders: $ 10,268 WATER AND REUSE TREATMENT PLANTS METER REPLACEMENT Owner: City of Pompano Beach Engineer: McCafferty Brinson Contact: Phil Hyer Phone: 954-545-7030 Description: The project consists of furnishing all labor, equipment(except six OWNER-furnished new magnetic flow meters,grounding rings,and associated instrumentation),tools,and materials for the demolition, replacement, and/or installation of five magnetic flow meters and four meter vaults at the City's water treatment plant;and,the replacement of one magnetic flow meter,and one new ultrasonic flow transducer with weir and stilling well at the City's reuse water treatment plant. Completed: July-18 On time? Yes Initial Amount $ 496,010 Change Orders: $ 86,341 Page 368 of 701 Uft StationImprovements Owner: City of Boynton Beach Engineer: Mathews Consulting Contact: Jose Huertas hone: 561-742-6487 Description: The project consists of furnishing all labor, materials, equipment and all incidentals and appurtenances for the installation of:approximately 410 LF of 16-inch DR-18 C-900 PVC and 2,460 LF of 18-inch DR-11 HDPE(by directional drill)force main piping; replacement of existing jockey pump with a third duty, 91 Hp dry-pit submersible pump;conversion of existing Generator Building into new Electrical Building with new MCC with integral VFDs, new Control Panel and electrical appurtenances; installation of new diesel engine driven standby pump; various site/civil improvements;various process yard piping and pump station mechanical improvements;various structural and architectural improvements to the existing buildings; various electrical improvements including new electrical service feed, manual transfer switch, 75 KVA transformer, lighting panel and HVAC system.Work also includes clearing and grubbing, dewatering, bypass pumping, MOT plans, complying with permit conditions,testing and all restoration work for a complete and operating system. Completed: October-17 On time? Yes Initial Amount $ 1,832,000 Change Orders: $ 26,173 Reverse Osmosis Waterre et Plant Acid Dilution System Owner: City of Lake Worth Engineer: AECOM Contact: Julie Parham Phone: 561-586-1798 Description: The proposed work consists of providing all labor, materials,equipment and incidentals required to construct as detailed in the contract documents.The work includes, but not necessarily limited to the following: Removing some 20 inch stainless steel pipe,fabrication of 20 inch stainless steel pipe spool pieces and restoration of a masonry wall Fabrication and installation of a new 20 inch in line stainless steel static mixer Fabrication and installation of a Sulfuric acid dilution system Installation of raw water booster pumps; piping,valves and appurtenances Installation of Halar piping,valves, and appurtenances and Bacteriological testing of raw water main. Completed: May-17 On time? Yes Initial Amount 199,000 Change Orders: $ (2,408) Page 369 of 701 Construction of Glades WWTF Bio Solids Cake System Owner: City of Port Saint Lucie Engineer: City of Port Saint Lucie Contact: Rich Schoenborn Phone: 772-873-6485 Description: The project work consists of the furnishing of all labor, materials,and equipment and the performance of all work included in this Contract including the partial demolition of the existing dewatered bio-solids cake conveyor system, construction of a new dewatered biosolids cake conveyance system complete with positive displacement pump, discharge piping system, meter pump and sludge cake lubrication system,valves,conveyors,concrete slabs, housekeeping pads, awnings,supports, hangers, metal fabrications and connections to existing conveyors, instrumentation,electrical connections, conduit,wiring, starters,control panel, modifications to the Glades SCADA and process/instrumentation control system,testing and all other accessories and appurtenances as required for a complete and operational dewatered bio-solids cake pumping system that is both locally and remotely monitored and controllable by the CITY and works with the existing centrifuge system. Completed: June-17 On time? Yes Initial Amount 519,000 Change Orders: None Floridan Well F-5 Wellhead and Raw Water Main Owner: Seacoast Utility Authority Engineer: Holtz Consulting Engineers Contact: Brandon Selle Phone: 561-627-2900 Description: The Project entails the construction of a stainless steel wellhead on an existing well with pump, motor, controls, piping,valves and fittings, concrete work,fencing, and electrical work and a 16- inch PVC and HDPE raw water main from the new wellhead to the Hood Road Administration Complex through 2 phases of construction. Phase 1 shall consist of the construction,testing and the restoration activities of the raw water main and a 2-inch fiber-optic conduit installed via open-cut and horizontally directional drilling methods through The Isles from the SUA Administration Complex to the EPB-3C Canal. Phase 2 shall consist of the construction,testing, and restoration activities of a raw water main and 2-inch fiberoptic conduit along the EPB 3C Canal to the location of Floridan Well F-5 and the installation of the new wellhead including all piping,electrical, instrumentation, mechanical,structural, civil, and restoration work required for a fully functioning system. Completed: June-17 On time? Yes Initial Amount $ 893,000 Change Orders: $ 14,574 Reconstruction of Surficial Aquifer Wells Nos. HR-7, HR-12 and HR-13 Owner: Seacoast Utility Authority Engineer: Holtz Consulting Engineers Contact: Brandon Selle Phone: 561-627-2900 Description: Reconstruction of three new surficial production wells, 16" PVC casing, 130-140' depth,well screen,with 40 HP submersible pumps, ductile iron raw water main&wellheads,concrete, instruments& programming, RTU,SCADA, Fiber Optic cable, control panels, new 4160V electrical service,fencing. Completed: October-17 On time? Yes Initial Amount $ 1,486,122 Chane r rs: 215,509 Page 370 of 701 Sodium Hypochlorite Storage and Feed Systems Replacing the Existing Gas Chlorine Systems Owner: City of West Palm Beach Engineer: Kimley-Horn &Associates Contact: Edna Bonelli Phone: 561-494-1157 Description: 1.A new sodium hypochlorite feed system to replace the existing gas chlorine feed system at the Ibis Water Re-pump Station as shown on the Drawings.A new aqueous ammonia feed system also will be installed at the Ibis site to replace the existing aqueous ammonia feed system.The new aqueous ammonia feed system will be installed in phases as the existing ammonia feed system is removed in order to provide continuous ammonia feed.The work at the Ibis site includes a new chemical injection and flow meter vault constructed over the existing storage tank influent pipe, chemical and sample piping, one sodium hypochlorite storage tank,two duplex metering pump skids for sodium hypochlorite and two duplex metering pump skids for aqueous ammonia, ammonia and sodium hypochlorite injectors, one static mixer, chlorine and ammonia residual analyzers, modifications to the existing pump station building, instrumentation,controls,and electrical construction. 2.The four typical sodium hypochlorite feed systems are designed to be installed inside new precast concrete shelters.The work at each site includes installation of new chemical injectors, chemical containment piping from each shelter to the chlorine injection points, one static mixer(Valley Forge only),water supply piping to each shelter, landscaping around each shelter, piping modifications, instrumentation,controls and electrical construction. Each shelter will provide a climate controlled location for the installation of one duplex metering pump skid, one chemical storage tank, chemical containment,safety shower, hose reel, exhaust fan,air conditioner, electrical, instrumentation and controls.The construction of the new typical sodium hypochlorite feed system at each site requires phasing and coordination with the Owner that allows the existing gas chlorine feed system to remain in operation while new system is constructed and tested,without interruption to the operation of the existing chlorine gas feed system, and followed by demolition of the existing gas chlorine feed systems. Completed: On Going On time? Yes Initial Amount $ 2,152,000 Change Orders: $ 162,699 Page 371 of 701 Lift Station 23 Rehabilitation Owner: City of West Palm Beach Engineer: Kimley-Horn &Associates Contact: Edna Bonelli Phone: 561-494-1157 Description: 1. Demolition as shown in the plans and technical specifications. 2.All labor, material and equipment necessary for structural improvements, including a 248 SF+/- expansion to the existing 428 SF lift station building with new foundation;stucco; painting; rolling overhead steel door; roofing; interior aluminum stairs&landing;exterior concrete stairs; aluminum handrails; bridge crane I-beams;flood gate; concrete&SS pipe supports;concrete restoration;and other miscellaneous structural improvements. 3.All labor, material and equipment necessary for mechanical improvements, complete, including all pipe,fittings,accessories,valves&actuators;AC system;crane&trolley;fire extinguishers; and other miscellaneous mechanical improvements. 4.All labor, material and equipment necessary for electrical and controls system, including FPL fees, primary installation,generator with enclosure,automatic transfer switch, panels, main disconnect switch,VFD drives, pump terminal box, level transmitter, pressure transmitter,float switches and other miscellaneous electrical improvements. 5.All labor, material and equipment necessary to accomplish the site work including the force main connection;generator pad and enclosure;wood fence and gates;dumpster enclosure; flowmeter; and other miscellaneous site improvements. 6.All labor, material and equipment necessary for existing wet well rehabilitation. 7.All labor material and equipment necessary to accomplish landscape improvements including planting materials, irrigation system and other miscellaneous landscape improvements. Completed: June-17 On time? Yes Initial Amount $ 1,595,000 Change Orders: 227,716 Reclaimed Water ASR System Well Construction Owner: City of St.Cloud Engineer: Jones, Edmunds&Associates Contact: Lisa Rhea Phone: 813-258-0703 Description: One 12-inch diameter ASR well,ASR-1(Total Depth [TD] approximately 3,100 feet).The well will be completed with a final carbon steel casing cemented to land surface and is designed fo r reclaimed w a to r storage and recovery.One 6-inch diameter storage zone monitoring well, SZMW-1(TD approximately 2,400 feet).The well will be completed with a final carbon steel casing cemented to land surface and will be located not more than 750 feet from ASR-1.One 6- inch diameter shallow monitoring well,SMW-1(TD approximately 1,400 feet).The well will be located not more than 150 feet from A SR-1. Modify chlorine contact chamber to install submersible recharge pump and install piping for ASR well. Electrical& I&C for VFD's and MOV. Completed: May-17 On time? Yes Initial Amount $ 2,535,550 Change Orders: $ 164,395 Page 372 of 701 Reconstruction f Surficial Aquifer Wells Nos. , HR-6 and PBG-9 Owner: Seacoast Utility Authority Engineer: Holtz Consulting Engineers Contact: Brandon Selle Phone: 561-627-2900 Description: Reconstruction of three new surficial production wells, 16" PVC casing, 130-140'depth,well screen,with 40 HP submersible pumps, ductile iron raw water main &wellheads, concrete, instruments& programming, RTU,SCADA, Fiber Optic cable,control panels, new 4160V electrical service,fencing. Completed: November-16 On time? Yes Initial Amount $ 1,486,122 Change Orders: $ 10,324 Repump#1 Rehabilitation Owner: Fort Pierce Utility Authority Engineer: Kimley Horn &Associates Contact: Jason Lee Phone: 561-840-0256 Description: Demolish existing building structure,framing,steel building skin, mechanical equipment, pumps, underground fuel tank,generator, and electrical gear. Construct new concrete block structure (CBS),footings,slabs, beams, including doors, louvers, roof, interior walls, HVAC, lighting, and electrical. Install 2 new 125 hp high service pumps including the piping,fittings,valves and appurtenances necessary to make a complete working system. Furnish and install two variable frequency drives(VFD's)for the new HSP's. Replace the existing influent altitude valve with a control valve, including fittings,valves, piping,and hardware. Furnish and install a new standby generator, bulk fuel storage tank,and fuel day tank to provide auxiliary power for the facility. Replace and install a new motor control center(MCC), new electrical service,a new lighting panel, a new automatic transfer switch, new conduits and conductors from the existing FP&L transformer to the new MCC, including all conduits and conductors and appurtenances to make a complete working system. Upgrade the existing PLC and controls, including instrumentation, control valves,and HMI. Installation of a new RTU to allow real-time communication with the water plant. Install a new HVAC system including ductwork and all necessary appurtenances to make a complete working system. Remove the existing pressure sustaining valve and supports and replace the existing influent and effluent venturi flow meters, including conduit,conductors and pipe supports to make a complete working system. Completed: December-16 On time? Yes Initial Amount $ 1,681,000 Change Orders: $ (67,442) Troutman WTP Piping Replacement Phase 1 Owner: City of Palm Bay Engineer: Wade Trim Contact: Clayton McCormack Phone: 321-728-3389 Description: Removal and replacement of various segments of large diameter steel process piping and fittings in the WTP.The size and approximate amount of piping to be replaced is as follows:Y2"to 3"95 LF Miscellaneous piping for injection/sampling ports, 12" 11 LF Schedule 40, Grade B Steel Pipe, Completed: May-16 On time? Yes Initial Amount $ 639,494 Change Orders: $ 66,215 Page 373 of 701 ECRWRF Grit Collection Facility Improvements Owner: City of West Palm Beach Engineer: Kimley Horn &Associates Contact: Brett Johnson Phone: 561-840-0820 Description: Concrete repairs and coatings to existing grit collection facility structure,furnish and install new doors,windows, louvers, and roll up doors, install new lift station and force main piping, including all electrical and lighting, asphalt and concrete paving. Completed: May-16 On time? Yes Initial Amount $ 369,690 Change Orders: $ 30,250 PBG Weliffeld Raw Water Main Replacement Owner: Seacoast Utility Authority Engineer: Holtz Consulting Engineers Contact: Brent Weidenhamer Phone: 561-575-2005 Description: Install 600 LF of new 8" DI raw water main.Tie into existing AC raw water main.Grout fill and abandon existing AC raw water main.Cannon flush, disinfect, clear new line. Restoration along canal bank. Completed: October-15 On time? Yes Initial Amount $ 78,870 Change Orders: $ (1,460) Aerobic Digester Nos. 1 through 4 Air Piping Replacement Owner: Seacoast Utility Authority Engineer: Holtz Consulting Engineers Contact: Brent Weidenhamer Phone: 561-575-2005 Description: Underground demolition, remove and replace up to 24"carbon steel above grade air piping, new concrete&metal supports,ductile iron yard piping for wastewater systems,field welding for new piping, new yard piping tie-ins requiring plant shutdowns, modifications to existing blower Completed: October-15 On time? Yes Initial Amount $ 598,989 Change Orders: $ 27,657 Water Treatment Plant No. 115 MG Ground Storage Tank Owner: Palm Beach County Engineer: Mathews Consulting Contact: Rene Mathews Phone: 561-655-6175 Description: Construction of new 5 MG potable water ground storage tank, ductile iron piping up to 24", new 480V electrical service, electric motor operated valves, instrumentation &controls,fencing, and modifications to existing 3 MG ground storage tank. Completed: December-15 On time? Yes Initial Amount $ 2,494,949 Change Orders: $ (8,113) Replacement of 5urficial Aquifer Wells Nos. BR-24A, BR-26,and NPB-7 Owner: Seacoast Utility Authority Engineer: Holtz Consulting Engineers Contact: Brent Weidenhamer Phone: 561-575-2005 Description: Construction of three new surficial production wells, 24" PVC casing, 130-140'depth,well screen,with 40 HP submersible pumps, ductile iron raw water main &wellheads,concrete, instruments&programming, RTU &SCADA, control panels, new 480V electrical service,fencing. Completed: October-15 On time? Yes Initial Amount $ 949,949 Change Orders: $ (45,052) Page 374 of 701 Water Treatment Plant Eastern i f I Nos. 12-14 Owner: City of West Palm Beach Engineer: Mock Roos&Associates Contact: John Cairnes Phone: 561-683-3313;275 Description: Construction of three new surficial production wells, 24"steel casing, 90-100'depth,with 25 HP submersible VFD driven pumps, ductile iron raw water main &wellheads,concrete,flowmeter, control panels&programming, RTU&SCADA, new 480V electrical service, irrigation, Completed: October-15 On time? Yes Initial Amount $ 1,456,680 Change Orders: $ (57,982) South County Water Treatment Facility Storage Tank Interconnect Owner: Indian River County Engineer: MBV Engineering Contact: Ryan Huff Phone: (772)569-0035 Description: Furnish and install 212' LF of 12" ductile iron water main, 24x12 tapping sleeve and valve, flanged piping,flowmeter,V-port ball valve,electric actuators, including all electrical power and control wiring and PLC programming. Completed: January-15 On time? Yes Initial Amount $ 142,765 Change Orders: $ (6,702) Orth VVWTP Monitor Well Replacement Owner: Martin County Utilities Engineer: Holtz Consulting Engineers Contact: Curtis Robinson Phone: 561-575-2005 Description: Construction of a new 2,220'deep 4-1/2" FRP dual zone monitor well, permanent concrete pad, wellhead piping, instrumentation, purge piping and appurtenances, electrical and control conduit and wiring and appurtenances for sampling pumps. Completed: March-15 On time? Yes Initial Amount $ 949,494 Change Orders: $ (29,550) Potable Well 16 at 2nd Avenue North Owner: City of Lake Worth Engineer: Mock Roos Contact: John Leemon Phone: 561-683-3113 Description: Construction of new 250'surficial production well, steel & PVC casing, interval testing, screen, development, pump testing, disinfection. Relocation of 300' of 6" PVC force main, new 16" raw water main, new electrical service,concrete,asphalt,fencing,flanged DIP,submersible well Completed: January-15 On time? Yes Initial Amount $ 494,949 Change Orders: $ (22,651) ECRWRF tower-Zone Monitor Well for Injection Well No.2 Owner: City of West Palm Beach Engineer: Holtz Consulting Engineers Contact: Curtis Robinson Phone: 561-575-2005 Description: Construction of a new 2,290' deep 4-1/2" FRP single zone monitor well, permanent concrete pad, wellhead piping, instrumentation, purge piping and appurtenances, electrical and control conduit and wiring and appurtenances for sampling pump. Completed: January-15 On time? Yes Initial Amount 594,949 Change Orders: $ (18,598) Page 375 of 701 t , x I Mr. Hoist is a construction Industry professional with over 10 years of experience as a project manager. His areas of expertise include water&wastewater treatment facilities, production wells, deep injection wells, pipeline utilities, and pump/lift stations. Mr. Holst's responsibilities included management of all aspects of construction for municipal & military projects, contract/change order negotiations, cost estimating, subcontract management, design/value engineering, cost controls, and CPM scheduling. Mr. Hoist deals in an honest manner with suppliers and subcontractors to encourage a trusting, team atmosphere. He focuses on the overall project, carefully identifying and emphasizing the important details to on-site management and subcontractors, to ensure a safe, quality, on-time, and under-budget project completion. 4 n J., Bachelor of Science, Mechanical Engineering, University of Florida, Gainesville, FL, 2006 State of Florida Certified General Contractor CGC1522104 30 Credit Hours of OSHA Construction Industry Safety and Health Standards Training Project Management Certification in Primavera P6 Basic Certification MCz Interactive Cost Estimating Vice President, Florida Design Drilling Corp. (2015-present) Project Manager, Florida Design Drilling Corp. (2013-2015) Construction Manager, Mathews Consulting, Inc. (2013) Project Manager, Florida Design Contractors, Inc. (2012-2013) Project Engineer, TA Loving Co. (2011-2012) Project Manager, Florida Design Contractors, Inc. (2010-2011) Project Engineer, Florida Design Contractors, Inc. (2006-2010) Assistant Project Manager Intern, Florida Design Contractors, Inc. (2006) Project Manager, Martin County Utilities—North WWTP Monitor Well Replacement, Jensen Beach, FL. Construction of a new 2,220' deep 4-112" FRP dual zone monitor well, permanent concrete pad, wellhead piping, instrumentation, purge piping and appurtenances, electrical and control conduit and wiring and appurtenances for sampling pumps. Construction Amount: $949,494. Project Manager, City of West Palm Beach— ECRWRF Lower-Zone Monitor Well for Injection Well No. 2, West Palm Beach, FL. Construction of a new 2,290' deep 4-112" FRP single zone monitor well, permanent concrete pad, wellhead piping, instrumentation, purge piping and appurtenances, electrical and control conduit and wiring and appurtenances for sampling pump. Construction Amount: $594,949. Page 376 of 701 Project Manager, City of LaKe worth—Potable well No. 15 at 2nd Avenue North, Lake Worth, FL. Construction of new 250' surficial production well, steel & PVC casing, interval testing, screen, development, pump testing, disinfection. Relocation of 300' of 6" PVC force main, new 16" raw water main,, new electrical service, concrete, asphalt, fencing, flanged DIP, submersible well pump & motor, control panel, I&C, MOT. Construction Amount: $494,949. Construction Manager, Ocean Reef Club—Floridan Aquifer Well No. 7, North Key Largo, FL. Construction Management Services during the construction of the new Floridan production well, concrete block well and electrical building, VFD-driven vertical turbine well pump, SSTL wellhead piping, HDPE raw water main including directional drilling, and all associated electrical and instrumentation including new 480V service to project site. Construction Amount: $2,148,495. Construction Manager, City of Boca Raton—Membrane Concentrate Line and Pump Station, Boca Raton, FL. Construction Management Services during the construction of the new concentrate pump station including submersible pumps and Tremie-set precast concrete structures, MJ and flanged DIP up to 36", 42" PCCP tap, dewatering, sheeting &shoring, and all associated electrical and instrumentation. Construction Amount: $1,198,000. Project Manager, City of Boca Raton —Water Supply Wells 28W, 31W, &33W, Boca Raton, FL. General Contracting Services during the construction of the new production wells including well drilling, submersible pumps installation, wellhead and wellpad construction, DIP and PVC raw and reclaimed water mains, asphalt road construction, portable generator, RTU system, and all associated electrical and instrumentation including new 480V service to project site. Construction Amount: $3,397,990. Project Manager, Immokalee Water&Sewer District—Wastewater System Improvements Phase 1 Expansion, Immokalee, FL. General Contracting Services during the construction of the new 0.75 MGD expansion including cast-in-place concrete oxidation ditch, chlorine contact basin, CMU administration building and electrical buildings, rotor aerators, steel clarifier, sludge holding, and RASNVAS pump station tanks, clarifier mechanism, pumps, cast-in-place concrete pretreatment headworks with grit classifier and mechanical bar screen, precast concrete influent pump station with submersible pumps, yard piping up to 36", sanitary sewer system, dewatering, sheeting, and shoring, chemical injection systems, site lighting, emergency backup diesel generator, and all associated electrical and instrumentation including new 480V service to project site. Construction Amount: $6,837,000. Project Manager, Town of Howey-in-the-Hills—West Central Avenue WTF Expansion, Howey-in-the-Hills, FL. General Contracting Services during the construction of the new production well, new 0.75 MG prestressed concrete GST, high service pump station with metal building structure, precast concrete chemical and electrical buildings, underground DIP and PVC piping up to 30"diameter, asphalt paving, concrete slabs-on-grade, well pump and piping, chemical injection systems, site lighting, emergency backup diesel generator, RTU system, and all associated electrical and instrumentation including new 480V service to project site. Construction Amount: $1,711,940. Page 377 of 701 Project Engineer, NAVFAC—Hadnot Point& French Creek Utilities, Camp Lejeune, NC. Utility subcontracting services during the construction of the new cast-in-place 30' deep lift station with submersible pumps, piping, valves, new precast 12' diameter lift station with submersible pumps, engineered sheeting and shoring systems, major dewatering operations, retrofit existing raw sewage pump stations for new diesel-driven emergency backup pumps, replace submersible pumps at existing raw sewage pump stations, demolition of dozens of existing lift stations, installation of new water meters and vaults for existing water mains, and all associated electrical and instrumentation including new 480V service to project sites. Construction Amount: $23,325,000. Project Manager, City of Hialeah—Deep Injection Well Pump Station, Hialeah, FL. General Contracting Services during the construction of the new cast-in-place concrete pump station wetwell, metal pump building, deep injection well horizontal centrifugal pumps, HDPE yard piping up to 24", concrete well pads, deep injection wellheads, deep injection well annular space pressure systems, dual zone monitor wellhead and pumps, SD-20 flanged process piping, motor operated valves, metal electrical building, VFD's, HVAC, and all associated electrical and instrumentation, including new SCADA screens and control strategy. Construction Amount: $2,570,158. Project Manager, City of Dania Beach—Nanofiltration WTP Membrane Control Building, Dania Beach, FL. Process Subcontracting Services during the construction of the new nanofiltration WTP expansion including HDPE yard piping, installation of all equipment including nanofiltration systems, degasifier, chemical feed systems, sand separators, chemical pumps, feed pumps, blowers, and instrumentation, replacement of clearwell transfer pumps, installation, testing, and clearance of all process piping. Construction Amount: $676,475. Project Manager, Village of Tequesta—Water Treatment Plant 3.6 MGD Expansion, Tequesta, FL. General Contracting Services during the construction of the new 1.2 MGD RO skid, 300 HP high pressure feed pump, 316 SS flanged RO piping, degasifier and scrubber system with FRP ductwork, sodium hypochlorite injection system, yard piping, new centrifugal well pump and piping, and all associated electrical and instrumentation, including new SCADA screens and control strategy. Construction Amount: $2,300,604. Project Manager, City of Moore Haven—Water System Improvements, Moore Haven, FL. General Contracting Services during the construction of the new 0.3 MG potable water prestressed concrete storage tank with VFD-driven high service pumps and hypochlorite feed system, generator, electrical building, altitude valve, directional bores for new water main, 5,000+feet of new DIP water main, electrical and I&C. New GE Zenon ultrafiltration system including all electrical and i&C installed at existing water plant. Construction Amount: $3,511,383. Project Manager, City of North Miami Beach—Norwood-Oeffler WTP VOC Removal, North Miami Beach, FL. General Contracting Services during the construction of the new tray aerator and relocation of existing tray aerators, new raw water transfer pump station and Cl P wetwell below-grade (sheeting, shorting, dewatering). Yard piping up to 36"diameter for new raw water systems, rehab of 3 existing production wells, new lime feed system, rehab of clarifier tanks and replacement of clarifier mechanisms, new degasifier system including electrical and I&C. Construction Amount: $3,822,015. Page 378 of 701 Project Manager, City of Vero B —Storage Reservoir and Injection Well Pump Station & Booster Pump Stations, Vero Beach, FL. General Contracting Services during the construction of the new 3 MG prestressed concrete storage tank for reclaimed water, DIW pump station, outfit DIW with piping and annular space pressure system, outfit monitor well, backup generator, yard piping for RO concentrate discharge and reclaimed GST. New reclaim inline booster pump station including yard piping, VFD-driven VTP's, electrical, and I&C. Construction Amount: $3,400,000. Project Manager, City of LaBelle—Water Treatment Plant Membrane Upgrades, LaBelle, FL. General Contracting Services during the construction of the new NF system and building including all I&C and electrical. Construct chemical feed systems, concentrate wetwell and pump station, new raw and potable water mains, backup generator, replace existing high service pumps. Construction Amount: $967,055. Project Engineer, City of Boca Raton —Reclaimed Water Storage Tank& Pumping Facility, Boca Raton, FL. General Contracting Services during the construction of the new 5 MG prestressed concrete storage tank and high service pump station for reclaimed water. Pump/electrical building, yard piping, reclaimed water main piping, potable water main extension, force main extension, altitude valve, paving, VFD's, all electrical and I&C. Extensive earthwork and landscaping. Dewatering. Construction Amount: $3,914,909. Project Engineer, FGUA— Lehigh Acres WWTP Reclaimed Storage, Pumping, and Deep Injection Well Conveyance System, Lehigh Acres, FL. General Contracting Services during the construction of the new reclaimed prestressed concrete GST and transfer pump station, outfit DIW with piping, valves, new electrical building, two new meter vaults, and all associated yard piping. Dewatering required for 12' deep pump cans and piping. Includes all electrical and I&C. Construction Amount: $2,066,100. Project Engineer, City of Port Saint Lucie—Midport Pump Station Improvements, Port Saint Lucie, FL. General Contracting Services during the construction of the new 2.0 MG potable water GST, replace existing VFD-driven high service pumps, yard piping, new chemical building and chemical feed systems, replace existing generator and ATS, including all electrical and I&C. Construction Amount: $2,077,650. Project Engineer, Seacoast Utility Authority—Wellhead F-2, Palm Beach Gardens, FL. General Contracting Services during the construction of the new production wellhead with SSTL wellhead, pump, piping, appurtenances, including frac tank, yard piping, electrical and I&C. Construction Amount: $710,140. Project Engineer, City of Coconut Creek—Hillsboro Water Storage Tank and Administration Building, Coconut Creek, FL. General Contracting Services during the construction of the new two story admin building with CCTV, security entry system, parking lot, paving, fencing, landscaping, and irrigation. New prestressed concrete potable GST, high service pump station with building and VFD's, altitude valve, yard piping, storm water and sewer collection systems, including all electrical and I&C. Construction Amount: $5,675,325. Project Engineer, Palm Beach County Water Utilities—Southern Region Water Reclamation Facility Short Term Odor Control Improvements, Delray Beach, FL. General Contracting Services during the construction of the new odor control scrubber system including CIP concrete slabs, yard piping, chemical feed systems, transfer pumps, blowers, and ductwork for two different facilities, new sewer piping and manhole systems, including all electrical and &C. Construction Amount: $2,054,701. Page 379 of 701 Project Engineer, Seminole County—Yankee Lake WRF Pnase ' Improvements & Greenwood Lakes WWTF Dewatering, Sanford, FL. General Contracting Services during the construction of the new 3.5 MGD reclaimed facility expansion including prestressed concrete GST, new dewatering press and building, extensive yard piping up to 36"diameter, sludge transfer pump station, new sludge mixers, replace disc membrane diffusers at aeration basins, replace slide gates at fermentation and aeration basins, two electrical buildings, new influent equalization transfer pump station with above-ground wetwell and VFD-driven pumps, two new generators with paralleling switchgear, including all electrical and I&C. Construction Amount: $9,768,661. Project Engineer, Town of Jupiter—Abacoa Generator Building, Surficial Wellheads 39- 47 and Electrical improvements, Jupiter, FL. General Contracting Services during the construction of the new generator with external fuel tank and generator building, including architectural elements, landscaping, and paving. Outfit 5 production wells with SSTL wellheads, pumps, piping, and appurtenances, new raw water main piping and electrical ductbanks to feed wellheads, including all I&C and RTU. Construction Amount: $2,740,191. Project Engineer, Village of Tequesta—Water Treatment Plant 2.4 MGD Expansion, Tequesta, FL. General Contracting Services during the construction of the new 1.2 MG reverse osmosis system, 300 HP RO pressure pump, associated 316 SSTL piping. New sodium hypochlorite feed system and building, new NaOCI storage tanks and mixing system. New programming and screens for plant SCADA system. New RO production well pump and building, including associated piping, electrical, and controls. Construction Amount: $2,572,000. 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AiB1P s W Page 382 of 701 CITY OF BOYNTON BEACH SODIUM HYPOCHLORITE TANK #1 REPLACEMENT BID No. 006-2821-19/TP NON-MANDATORY PRE-BID CONFERENCE DECEMBER 3, 2018 AT 9:30 A.M. CITY OF BOYNTON BEACH UTILITIES ADMINISTRATION BUILDING 124 E. WOOLBRIGHT ROAD BOYNTON BEACH, FL 33435 BID DUE DATE: JANUARY 9, 2019 NO LATER THAN 2:30 P. M. CONFERENCE ROOM / TEMPORARY CITY HALL 0 TABLE OF CONTENTS BIDDING REQUIREMENTS: PAGE#: Notice to Contractors ...............................................................................................2 -4 Instructions to Bidders..............................................................................................5 - 17 General Conditions for Construction........................................................................18- 66 Special Conditions ...................................................................................................Sec.01000—Sec.01740 Technical Specifications...........................................................................................Appendix«A„ &«B„ BID FORMS ATTACHMENT"A": BidForm...................................................................................................................93 - 98 BidBond...................................................................................................................99 - 103 BidCheck-List..........................................................................................................104 Acknowledgement of Addenda ................................................................................105 Bidder Acknowledgement........................................................................................106 Bidder's Qualification Statement.......................................................................107- 112 Confirmation of Drug-Free Workplace.....................................................................113 Non-Collusion Affidavit of Prime Bidder...................................................................114 Anti-Kickback Affidavit..............................................................................................115 Safety Program Compliance....................................................................................116 Warranties................................................................................................................117- 118 Confirmation of Minority Owned Business...............................................................119 Certification Pursuant to Florida STATUTE § 287.135.....................................120 - 121 Schedule of Subcontractors.....................................................................................122 Palm Beach County Inspector General Acknowledgement.....................................123 Local Business Status Certification ............................................................. 124 Statementof No Bid.................................................................................................125 DRAFT CONTRACT ATTACHMENT"B": Draft Construction Contract......................................................................................C-1 - C-6 ATTACHMENT"C": PerformanceBond ...................................................................................................PFB-1 — PFB-3 PaymentBond..........................................................................................................PYB-1 — PYB-3 Warrantyof Title.......................................................................................................WT-1 Insurance Advisory Form ........................................................................................ APPENDIX: Appendix"A"—As-Built Sodium Hypochlorite Tank#1 Plans/Drawings Appendix"B"—Sodium Hypochlorite Tank#1 Photos 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—Sodium Hypochlorite Tank#1 Replacement 1 The City of Boynton Beach Finance/Procurement Services 3301 Quantum Boulevard,Suite 101, Boynton Beach, FL 33426 �. P. O. Box 310 Boynton Beach, Florida 33425-0310 Telephone: (561)742-6322 FAX. (561)742-6316 NOTICE TO CONTRACTORS Sealed Bids for: Bid Title: Sodium Hypochlorite Tank#1 Replacement Bid Number: 006-2821-19/TP will be received by the City of Boynton Beach, Boynton Beach, Florida in PROCUREMENT SERVICES on or before January 9, 2019, no later than 2:30 P. M. (local time). Bid Submittals will be opened in: TEMPORARY CITY HALL Procurement Services 3301 Quantum Blvd., Suite 101 Boynton Beach, Florida 33426 If by mail: P.O. Box 310, Boynton Beach, Florida 33425-0310 All Bids will be publicly opened and only the names of the Bidders will be disclosed. Bids 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 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 Utilities is seeking the services of a licensed, qualified contractor to replace an existing Sodium Hypochlorite Tank with an in-kind replacement tank at the East Water Treatment Plant. The existing tank has a capacity of 21,846 gallons and was supplied by Plas- Tanks Industries, Inc. in accordance with the attached manufacturer's cut sheet. The new tank shall meet a wind load of at 140 mph. The work includes the hauling and disposal of the existing tank; furnishing and installation of the new tank, hardware, and appurtenances; reconnection of all piping according to the existing installation and manufacturer's cut sheet; and all other work and appurtenances for a complete installation. The contractor shall provide as-built drawings for the new tank in AutoCAD (version 2017 or later) and PDF formats. Boynton Beach Utilities—Sodium Hypochlorite Tank#1 Replacement 2 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. A NON-MANDATORY Pre-Bid Conference and Site Inspection is scheduled for December 3, 2018 at 9:30 A.M. (local time), to be held in the City of Boynton Beach Utilities Administration Building, 124 E. Woolbright Road, Boynton Beach, Florida 33435. Attendees shall visit site immediately following the meeting. The Utilities Department will provide an escort to the site. 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. ATTENTION ALL INTERESTED BIDDERS: Copies of this solicitation package may be obtained from Onvia Demandstar at www.demandstar.com or by calling 1-800-711-1712. Demandstar distributes the City's solicitations through electronic download. Paper copies of this solicitation may be requested from Procurement Services by calling (561) 742-6322. Bidders who obtain copies of this solicitation from sources other than www.demandstar.com or the City's Procurement Services may potentially risk not receiving certain addendum(s) issued as a result of the solicitation. All Bidders are required to submit a five percent (5%) Bid Bond with the Bid Form or the Bid shall be rejected as non-responsive. A one hundred percent (100%) Payment and Performance Bond is required upon notification by the City of the award the Contract to the selected firm. Bidders shall submit one(1)original (so marked), two (2) copies along with one(1)electronic copy on a USB thumb drive, for a total of four(4) submissions of the bid and its accompanying statements. No bids may be withdrawn for a period of ninety (90) days after the Bid opening. Bids must be accompanied by an acceptable 5% Bid Bond, cash, certified check, or money order. Said bid bond is to be furnished and executed by a surety company of recognized standing, authorized to do business in the State of Florida, and having a Registered Agent in Florida. The bid bond amount shall be 5% of the bid price and shall constitute a guarantee that the contractor, if awarded the contract, will enter into a written contract with the City to perform this work pursuant to the bid. The low monetary Bid will NOT in all cases be awarded the Contract. Award will be made to the most responsive, responsible bidder whose Bid is the most advantageous to the City, price and other factors considered. The City reserves the right to reject any and all Bids and to waive technical errors as set forth in the proposal. LOBBYING /CONE OF SILENCE: Consistent with the requirements of Chapter 2, Article VIII, Lobbyist Registration, of the Palm Beach County Code of Ordinances, Boynton Beach imposes a Cone of Silence. A cone of silence shall be imposed upon each competitive solicitation as of the deadline to submit the proposal, bid, or other response and shall remain in effect until City Commission awards or approves a contract, rejects all bids or responses, or otherwise takes action that ends the solicitation process. While the cone of silence is in effect, no 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 Boynton Beach Utilities—Sodium Hypochlorite Tank#1 Replacement 3 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. PUBLIC RECORDS DISCLOSURE: Pursuant to 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 the City rejects all Responses submitted in accordance with a Request for Proposal/Qualification or Invitation to Bid, and the City concurrently provides notice of its intent to reissue the competitive solicitation, the rejected Responses remain exempt from public disclosure until such time as the City provides notice of a decision or intended decision concerning the competitive solicitation or until the City withdraws the reissued competitive solicitation. A Bid, Proposal, Response 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 solicitation should be directed to Taralyn Pratt, Contract Coordinator, (561) 742-6447, prattto_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—Sodium Hypochlorite Tank#1 Replacement 4 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. Evaluation of qualifications 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 proposals 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. 2. COPIES OF BID DOCUMENTS: Bid documents may be obtained from www.demandstar.com or by calling 1-800-711-1712. Demandstar distributes the City's solicitations through electronic download. Copies of the bid documents are available through the US Mail; please call Procurement Services at (561) 742-6322 for a hard copy of the bid documents. Bidders who obtain copies of this solicitation from sources other than www.demandstar.com may potentially risk not receiving certain addenda issued as a result of the solicitation. 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. 3. 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. 4. 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. 5. 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. All Bids must be accompanied by the Bid Security (if required) and all other required documents. The Bid opening shall be public and the Bid prices will be read aloud at the City's Administrative Office located at: Boynton Beach Utilities—Sodium Hypochlorite Tank#1 Replacement 5 3301 Quantum Boulevard, Suite 101 Boynton Beach, Florida 33426 (unless otherwise designated) On the date and time specified in the Invitation to Bid. All Bidders and their representatives are invited to attend. 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, and two(2)copies along with one (1)electronic copy on a USB thumb drive copies 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 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. 6. BID FORM: Additional copies of the Bid form may be obtained from demandstar.com. Bids must be submitted on the prescribed form; all blank spaces must be filed in as noted, in ink or typed with amounts extended and totaled. Where indicated on the Bid Form, items shall be stated in numbers. The estimate of the various quantities of work or goods applicable to unit price items as shown on the Bid Form is approximate and is intended solely to provide the basis of comparison upon which the Award of Contract is made. Final payment shall be made on the basis of the actual quantities of each item. Irregular Bids may be rejected. Irregular Bids are defined as those containing serious omissions, unauthorized alternative Bids, incomplete Bids or unbalanced Bids. Failure to provide all of the information required to accompany the bid, Bid Form and Specifications shall be considered a serious omission, which may result in the bid being rejected as non-conforming. Bids by partnership must be executed in the partnership's name and signed by a general partner, his/her title must appear under his/her signature and the official address of the partnership must be shown below the signature. All names of persons signing documents must be typed or printed below the signature. The Bids shall contain acknowledgment of receipt of all addenda by submitting the Addenda acknowledgement form enclosed herein. 7. BID SECURITY: When required by the Bid documents each Bid must be accompanied by a Bid deposit or Bid surety bond in the amount specified. Bid deposits shall be in the form of cash, certified check or cashier's check, drawn on a responsible bank doing business in the United States, and shall be made payable to the CITY of Boynton Beach. In lieu of a bid deposit, a bid surety provided by a firm licensed to do business in the State of Florida shall be provided to the CITY. Any Bid deposits submitted will be returned to the Bidder(s) at the time of contract award. The Bid deposit of the successful Bidder shall be returned upon receipt of acceptable Performance and/or Payment Bonds. 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. Boynton Beach Utilities—Sodium Hypochlorite Tank#1 Replacement 6 The Bid deposit/security of the Successful Bidder shall be retained until such Bidder has been awarded a binding Contract or Purchase Order or Contract Security whereupon the Bid security shall be returned. 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 such time as 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. 8. 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. 9. 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. 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 at the Bidders expense. 10. 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 Boynton Beach Utilities—Sodium Hypochlorite Tank#1 Replacement 7 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. 11. 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. At times a purchase order will be issued in lieu of a contract agreement. 12. 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 afterthe date of the Bid opening prior to award. The CITY may, in its sole discretion, release any Bid and return the Bid Security prior to that start date. 13. 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. 14. 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 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. 15. 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. 16. 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; ➢ Reject or 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; Boynton Beach Utilities—Sodium Hypochlorite Tank#1 Replacement 8 ➢ 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. 17. 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 to be 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. 18. BID TABULATION: Bid tabulations shall be provided upon request to Procurement Services. 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 such time as the agency provides notice of a decision or intended decision, or within thirty (30) days after bid/proposal opening/closing, whichever is earlier. 19. 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. 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. 20. 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. 21. 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(s) 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. 22. 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 Boynton Beach Utilities—Sodium Hypochlorite Tank#1 Replacement 9 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. 23. 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. All addenda will be available to Bidders through the CITY's e-Procurement system, www.demandstar.com. Therefore, it is the Bidder's responsibility to check with the Procurement Services Division and immediately secure all addenda before submitting Bids. Each Bidder shall acknowledge receipt of ALL addenda by notation on the Addenda acknowledgement Form to be submitted with the bid and shall adhere to all requirements specified in each addendum prior to submission of the Bid. 24. 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. 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. Referto General Conditions, Para. 3.4, "Order of Precedence" for more details. 25. CONFLICT OF INTEREST: All Bidders must disclose with their Bid,the name of each of its employees, agents, or relatives who are employees of the CITY. The Bidder represents and warrants to the CITY that no officer, employee, or agent of the CITY has any interest either directly or indirectly, in the business of the Bidder to be conducted hereunder. The Boynton Beach Utilities—Sodium Hypochlorite Tank#1 Replacement 10 Bidder further represents and warrants to the CITY that it has not employed or retained any company or person, other than a bona fide employee working solely for the Bidder, to solicit or secure this contract, and that it has not paid, or agreed to pay any person, company, corporation, individual, or Firm, other than the bona fide personnel working solely for the Bidder for a fee, commission, percentage, gift or other consideration, contingent upon or resulting from the award or making of this contract. The Bidder also acknowledges that it has not agreed as an expressed or implied condition for obtaining this contract to employ or retain the services of any person, company, individual or Firm in connection with carrying out this contract. It is understood and agreed by the Bidder that, upon the breach or violation of this Section,the CITY shall have the right to terminate the contract without liability and at its sole discretion, and to deduct from the contract price, or to otherwise recover the full amount of such fee, commission, percentage, gift or consideration paid by the Bidder. a. The Bidder represents that it presently has no interest, either direct or indirect, while performing the services required by this contract, which would conflict in any manner with Florida Statutes. The Bidder represents that no person having any such interest shall be employed during the term of this contract, including any officer, employee or agent of the CITY. b. The Bidder represents and warrants that it has no current contracts with any entity that would create any conflict of interest in the Bidder's ability to perform the services required by this contract. Further, the Contractor represents and warrants that throughout the term of this contract, it will not undertake any work that would create such a conflict of interest. c. The Bidder shall promptly notify the CITY in writing by certified mail or electronic mail of all potential conflicts of interest for any prospective business association, interest or other circumstance that may influence or appear to influence the Bidder's judgment or quality of services being provided hereunder. Such written notification shall identify the prospective business association, interest or circumstance,the nature of work that the Bidder may undertake and request an opinion of the CITY as to whether the association, interest or circumstance would, in the opinion of the CITY, constitute a conflict of interest if entered into by the Bidder. If in the opinion of the CITY, the prospective business association, interest or circumstance would not constitute a conflict of interest by the Bidder, the CITY shall so state in the notification and the Bidder shall, at its option, enter into such association, interest or circumstance and it shall be deemed not in conflict of interest with respect to services provided to the CITY by the Bidder under the terms and conditions of this Contract. If the CITY determines that such potential relationship constitutes a conflict of interest, Bidder shall be in violation of its contract with the CITY if it enters into any relationship whatsoever with the prospective business. 26. 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. 27. 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. 28. 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. 29. ADVERTISING: In submitting a Bid, the Bidder agrees not to use the results therefrom as a part of any commercial advertising. 30. FACILITIES: A Bidder must have at the time of the Bid opening, an operational facility or be a fully authorized agent or representative of the product Bid, and capable of producing, providing or installing the items Bid, and so certify upon request. The CITY reserves the right to inspect the Bidder's facility (ies) at any reasonable time, prior to award Boynton Beach Utilities—Sodium Hypochlorite Tank#1 Replacement 11 Page 99 UFF8 I of the Bid, during normal business hours with prior notice, to determine that the Bidder has a bona fide place of business and is a responsible Bidder. 31. 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. 32. 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. 33. 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 though the CITY's Procurement Services Division. 34. 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. 35. 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 orgratuities are not permitted with, priorto, 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 be a major irregularity, and may be cause for rejection of the proposal. 36. 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. 37. 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 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. 38. SCRUTINIZED COMPANIES 287.135 and 215.473: By submission of this ITB, 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 Boynton Beach Utilities—Sodium Hypochlorite Tank#1 Replacement 12 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 39. 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. 40. 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 to be 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. 41. 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. 42. CONFIRMATION OF MINORITY-OWNED BUSINESS: It is the desire of the CITY of Boynton Beach to increase the participation of minority-owned businesses in its contracting and procurement programs. While the CITY does not have any preference or set-aside programs in place, it is committed to a policy of equitable participation for these firms. Therefore, each Bidder shall complete the Confirmation of Minority-Owned Business Form and shall submit the form with its Bid/Proposal. 43. ANTI-DISCRIMINATION: 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—Sodium Hypochlorite Tank#1 Replacement 13 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. 44. 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. 45. 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. 46. 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. 47. 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. 48. 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. 49. 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. 50. SUBCONTRACTING: If a Bidder subcontracts any portion of the resultant contract for any reason;the Bidder must state the name and address of the subcontractor, the name and address of the person(s) to be contacted,type of work to be performed, dollar amount and percentage of the contract amount to be shared on the "Schedule of Subcontracting" form. The CITY reserves the right to reject any subcontractor who has previously failed in the proper performance of an award or failed to deliver on- time contracts in a similar nature. The CITY reserves the right to inspect all facilities of any subcontractor in orderto make a determination as to the foregoing. The subcontractor shall be equally responsible for meeting all requirements specified in the Invitation to Bid and contract documents. 51. UNBALANCED BID: Bids that are judged to be mathematically or materially unbalanced shall be cause for the Bid to be rejected as non-responsive. 52. 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. 53. 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. Boynton Beach Utilities—Sodium Hypochlorite Tank#1 Replacement 14 54. 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. 55. 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. 56. 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. 57. 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. 58. 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. 59. 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—Sodium Hypochlorite Tank#1 Replacement 15 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, 33426 561-742-6061. PYLEJ@BBFL.US 60. 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 Enterprise TM. 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. 61. 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. 62. 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 Enterprise TM system includes a central database that maintains all project information and manages project communications amongst team members. Boynton Beach Utilities—Sodium Hypochlorite Tank#1 Replacement 16 • Communication/Correspondence: e-Builder provides electronic routable communication forms that provide historical tracking, documentation, and increased accountability of project members. • Project Calendars: Meetings will be scheduled and maintained centrally on e-Builder EnterpriseTM • Reporting: All of the project and program data including documents, communications and costs are accessible through integrated online reports. These reporting tools are completely configurable by each user. All reports can be exported to Excel for added flexibility. 63. E-BUILDER LICENSING REQUIREMENTS: e-Builder EnterpriseTM User Licenses: Each user license is for access to the web site consisting of unlimited data storage. Users can be direct employees of the Contractor, Engineer, and Owner. Each user license includes full access to e-Builder EnterpriseTM including all of the documents and reports mentioned above. Furthermore, each user license provides the e-Builder software as a service (SaS) including: • All hosting, operation, maintenance and data backup of the e-Builder EnterpriseTM software and documents which are maintained in state-of-the-art data centers located throughout the United States. • Quarterly e-Builder EnterpriseTM 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. 64. 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. Boynton Beach Utilities—Sodium Hypochlorite Tank#1 Replacement 17 GENERAL CONDITIONS TABLE OF CONTENTS Article TITLE No. Article TITLE COVER No. TABLE OF CONTENTS 6.17 Responsibility for Connecting to Existing 1. DEFINITIONS Work 2. PRELIMINARY MATTERS 6.18 Work in Street, Highway or Other Rights- 2.1 Delivery of Bonds and Insurance of-Way Certificates 6.19 Cooperation with Governmental 2.2 Copies of Documents Departments,Public Utilities, Etc. 2.3 Notice to Proceed 6.20 Use of Premises 2.4 Starting the Work 6.21 Protection of Existing Property 2.5 Pre-Construction Conference Improvements 2.6 Site Mobilization Meeting 6.22 Temporary Heat 2.7 Progress Meeting 6.23 Schedule 2.8 Pre-Installation Meeting 6.24 Continuing the Work 2.9 Finalizing Scheduling 6.25 Contractor's General Warranty and 2.10 Submittals Guarantee 3. CONTRACT DOCUMENTS 6.26 Deletion/Oversight/Misstatement 3.1 Intent 6.27 Exceptions to Specifications 3.2 References to Standards 6.28 Silence of Specifications 3.3 Review of Contract Documents 6.29 Quality 3.4 Order of Preference 6.30 Conditions of Materials 3.5 Amending Contract Documents 6.31 Disposal 3.6 Reuse of Documents 6.32 Occupational Safety and Health 4. SITE OF WORK 6.33 0.S.H.A. 4.1 Availability of Lands 6.34 Conditions and Packaging 4.2 Reports of Physical Conditions 6.35 Underwriters Laboratories 4.3 Physical Conditions - Underground 6.36 Asbestos Facilities 6.37 Closeout Submittals 4.4 Differing Site Conditions 6.38 Temporary Barriers and Enclosures 4.5 Reference Points 6.39 Environmental Controls 5. BONDS AND INSURANCE 6.40 Security Procedures 5.1 Bonds 6.41 Product Substitution Procedures 5.2 Insurance 6.42 Field Samples 6. CONTRACTOR'S RESPONSIBILITIES 7. OTHER WORK 6.1 Contractor Status 7.1 Related Work on Site 6.2 Contractor Risk 7.2 Coordination 6.3 Supervision and Superintendence 8. CITY'S RESPONSIBILITIES 6.4 Labor, Material and Equipment 8.1 Communications 6.5 Concerning Subcontractors 8.2 Furnish Data 6.6 Patent, Fees and Royalties 8.3 Payments 6.7 Permits, Laws and Regulations 8.4 Lands, Easements,and Surveys 6.8 Taxes 8.5 Change Orders 6.9 Record Documents/Right to Audit 8.6 Suspension of WORK 6.10 Safety, Protection and Emergencies 8.7 Estimated Dollar Value 6.11 Shop Drawings and Samples 8.8 Quantities 6.12 Site Clean-up 8.9 Additional Terms and Conditions 6.13 Public Convenience and Safety 9. CONSULTANT'S STATUS DURING 6.14 Sanitary Provisions CONSTRUCTION 6.15 Indemnification 9.1 CITY'S Representative 6.16 Claims 9.2 Visits to Site Boynton Beach Utilities-Sodium Hypochlorite Tank#1 Replacement TOC-18 GENERAL CONDITIONS 9.3 Project Representation Article TITLE 9.4 Clarifications and Interpretations No. Article TITLE 15. SUSPENSION OF WORK AND No. TERMINATION 9.5 Measurements 15.1 CITY May Suspend WORK 9.6 Rejecting Defective Work 15.2 CITY May Terminate for Cause 9.7 Shop Drawings, Change Orders, and 15.3 CITY May Terminate Without Cause Payments 15.4 Removal of Equipment 9.8 Determination for Unit Prices 15.5 Contractor May Stop WORK or Terminate 9.9 Decisions on Disputes 16. DISPUTE RESOLUTION 9.10 Inspections and Testing 16.1 Good Faith Effort 9.11 Limitations on CONSULTANT 16.2 Mediation 10. CHANGES IN WORK 17. MISCELLANEOUS 10.1 Authorized Changes 17.1 Giving Notice 10.2 Unauthorized Changes 17.2 Computation of Time 10.3 Execution of Field Change Order/Change 17.3 Notice of Claims Order 17.4 Cumulative Remedies 11. CHANGE OF CONTRACT PRICE 17.5 Accident and Prevention 11.1 General 17.6 Florida Products and Labor 11.2 Cost of the WORK 17.7 Employees 11.3 Contractor's Fee 17.8 Non-Discrimination 11.4 Cash Allowances 17.9 Drug-Free Workplace 11.5 Unit Price WORK 17.10 Public Entity Crimes 11.6 Omitted WORK 17.11 Assignment 12. CHANGE OF CONTRACT TIME 17.12 Venue 12.1 General 17.13 Funding Out 12.2 Liquidated Damages 17.14 CITY'S Purchasing Card 12.3 Reimbursement of Consultant Expenses 17.15 Debarment 13. TEST AND INSPECTIONS: 17.16 Requirements for Personnel Entering CORRECTION, REMOVAL OR CITY'S property ACCEPTANCE OF DEFECTIVE WORK 17.17 Product Recall 13.1 Notice of Defects 17.18 Rights to Bid Documents 13.2 Access to WORK 17.19 Severability 13.3 Tests and Inspections 17.20 Verification of Employment Status 13.4 Uncovering WORK 17.21 Abbreviations and Symbols 13.5 CITY May Stop the WORK 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-Sodium Hypochlorite Tank#1 Replacement TOC-19 GENERAL CONDITIONS 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 issued prior to the opening of Bids which clarify,correct,or change the Bidding requirements of the Contract. 1.3 Application for Payment: The form accepted 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 conditions precedent enumerated with the award letter,within the time specified,the CITY may enter into a Contract. 1.5 Bid:The offer of the BIDDER submitted on the prescribed form setting forth the prices of the Work. 1.6 Bidder:Any person,firm or corporation submitting a Bid for the Work directly to the CITY. 1.7 Bid Documents:Includes the Invitation to Bid,Instructions to Bidders,Bid Form,and proposed Contract Documents(including all Addenda issued prior to receipt of Bids). 1.8 Bonds:Bid,performance and payment bonds and 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 order to the CONTRACTOR executed 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, Florida, a municipal corporation, its authorized and legal representatives, the public entity with whom the CONTRACTOR has entered 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 designated 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 entrusted to them at the CITY. 1.13 Consultant's Representative: An authorized 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 signed and sealed by the CONSULTANT. The Conformed 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 and obligations of the parties and include the Contract,Contract/Bid,Addenda, CONTRACTOR's Bid(including documentation accompanying the Bid and any post Bid documentation submitted prior to the notice of award,when attached as an exhibit to the Contract,the Notice to Proceed,the Bonds,these General Conditions,the Supplementary Conditions,Special Conditions, and the Drawings as the same are more specifically identified in the Contract,together shall all Written Amendments,Change Orders,Field Change Orders(change orders as a result of Field changes),and CONSULTANT's written interpretations and clarifications issued on or after the Effective Date of the Contract.Approved Shop Drawings and the reports and drawings of subsurface and physical conditions are not Contract Documents. Only printed or hard copies of the items listed 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 individual,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 midnight 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 requirements of any inspection,reference standard,test or approval referred to in the Contract Documents,or Work that has been damaged prior to the CONSULTANT's recommendation of final payment. 1.22 Drawings:The drawings,plans,maps,profiles,diagrams,and other graphic representations which show character,location,nature,extent and scope Boynton Beach Utilities—Sodium Hypochlorite Tank#1 Replacement GC 20 Page 489 uFFEM' of the Work,which have been prepared or approved by CONSULTANT and are included and/or referred to in the Contract Documents. Shop Drawings are not Drawings as defined in this paragraph. 1.23 Effective Date of the Contract: The date indicated in the Contract,but if no such date is indicated,it means the last date on which the Contract is signed by the last of all parties to execute the Contract. 1.24 Field Order: A written order issued 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 and 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 and 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 issued by the CITY,or its agents,to the CONTRACTOR authorizing the CONTRACTOR to proceed with the Work and establishing the date of commencement of the Contract Time,and 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 individual or business that has submitted a bid,offer,proposal,quotation,or response, which has the capability in all respects to perform fully the Contract requirements,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 drawings,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 depicted on Shop Drawings that are not in conformance with the requirements of the Contract Documents shall not constitute a Field 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 included as part of the Contract Documents, Special Conditions refer only to the Work under this Contract. Special Conditions take precedence over the General Conditions. 1.36 Specifications:Those portions of the Contract Documents consisting of written technical descriptions of materials,equipment,construction systems, standards or workmanship as applied to the Work and certain administrative details applicable thereto. 1.37 Sub-Bidder:One who submits a Bid to a Bidder. 1.38 Sub-Contractor: An individual, 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 defined 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 and 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. Additional conditions(if any)needed to achieve Substantial Completion of the Work and which are projectspecific as set forth in attached Special Conditions. C. When the entire Project is considered to be Substantially Complete,this does not constitute Final Acceptance or Final Completion of the entire Project. 1.40 Successful Bidder: The lowest,qualified,responsible and responsive Bidder to whom the CITY(on the basis of the CITY's evaluation as hereinafter provided)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. 1.43 Surety:The corporate body which is bound with the CONTRACTOR and which engages to be responsible for the CONTRACTOR and their acceptable performance of the Work. Boynton Beach Utilities—Sodium Hypochlorite Tank#1 Replacement GC 21 1.44 Unbalanced Bids: a. Mathematically Unbalanced Bid:a bid containing lump sum or unit bid items which do not reflect reasonable actual costs plus a reasonable proportionate share of the bidder's anticipated profit,overhead costs,and other indirect costs. b. Materially Unbalanced Bid:a bid which generates a reasonable doubt that award to the Bidder submitting a mathematically unbalanced bid 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 paid for on the basis of unit prices. 1.46 Utilities:All pipelines,conduits,ducts,cables,wires,manholes,vaults,tanks,tunnels,or other such facilities or attachments,and any encasements containing such facilities which have been installed underground 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,duties,and responsibilities necessary to the successful completion of the Project assigned to or undertaken by the successful Bidder/CONTRACTOR under the Contract Documents,including 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 Bonds and Insurance Policies,Certificates or other documents as the CONTRACTOR may be required to furnish in accordance 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 undertaking each part of the Work,CONTRACTOR shall carefully study and compare the Contract Documents and check and 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 required to attend 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 and others as appropriate in order to discuss the Work. 2.5.2 The CONTRACTOR's initial schedule for shop drawings submittals,obtaining permits and Plan of Operation and Critical Path Method (CPM)Schedule shall be reviewed and finalized.As a minimum,the CONTRACTOR's representatives should include its project manager and schedule 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 Attendance 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 and processing of field decisions,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 Request,Boynton Beach Department of Engineering Right-of-Way Permit Procedure and Project Sign format will be distributed. Boynton Beach Utilities-Sodium Hypochlorite Tank#1 Replacement GC 22 Page 48rm -6 ;ZA41 2.6 SITE MOBILIZATION MEETING: 2.6.1 CITY will schedule a meeting at the Project Site prior to CONTRACTOR occupancy. 2.6.2 Attendance Required:CITY,CONSULTANT,Special Consultants,and CONTRACTOR,CONTRACTOR's superintendent,and major Sub- Contractors. 2.6.3 Agenda: 2.6.3.1 Use of premises by CITY and CONTRACTOR. 2.6.2.1 CITY's requirements and partial occupancy. 2.6.2.2 Construction facilities and controls provided 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 and housekeeping procedures. 2.6.2.6 Schedules 2.6.2.7 Application for Payment Procedures 2.6.2.8 Procedures for testing 2.6.2.9 Procedures for maintaining record documents. 2.6.2.10 Requirements for start-up of equipment. 2.6.2.11 Inspection and acceptance of equipment put into service during construction period. 2.6.2.12 CONSULTANT shall record minutes and distribute copies within two(2)days after meeting to participants,with copies to all, participants including CONTRACTOR,and those affected by decisions made. 2.7 PROGRESS MEETINGS 2.7.1 Schedule and administer meetings throughout progress of the Work at maximum monthly intervals. Make arrangements for meetings, prepare agenda with copies for participants,and preside at meetings. 2.7.2 Attendance Required:Job superintendent,major Sub-Contractors and suppliers,CITY,CONSULTANT,as appropriate to agenda topics for each meeting. 2.7.3 Agenda: 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 Identification of problems that impeded planned progress. 2.7.3.5 Review of submittal,schedule and status of submittals. 2.7.3.6 Review of off-site fabrication and delivery schedules. 2.7.3.7 Maintenance of progress schedule. 2.7.3.8 Corrective measures to regain projected schedules. 2.7.3.9 Planned progress during succeeding work period. 2.7.3.10 Coordination of projected progress. 2.7.3.11 Maintenance and quality of work standards. 2.7.3.12 Effect of proposed changes on progress schedule and coordination. 2.7.3.13 Other business related 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 individual specification section,convene a pre-installation meeting at the site prior to commencing work on the section. 2.8.2 Require attendance of parties directly affecting,or affected by,work of the specific section. 2.8.3 Notify CITY and CONSULTANT five(5)working days in advance of meeting date. 2.8.4 Prepare agenda and preside at meeting. 2.8.5 Review conditions 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 Proceed,the CONTRACTOR shall submit the final schedule approved by the CITY and CONSULTANT. The finalized 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 providing a workable arrangement for processing the submissions. The finalized Schedule of Values shall be acceptable to the CITY as to form and substance. Boynton Beach Utilities—Sodium Hypochlorite Tank#1 Replacement GC 23 Page 4816 uFFE)l 2.10 SUBMITTAL PROCEDURES: 2.10.1 SCOPE OF WORK:Administrative and procedural requirements for processing of submittals during construction process.Submittals may include the following: a) Proposed Products Lists b) Proposed Vendor 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 and Storage Instructions k) Manufacturer's Field Reports 1) Erection Drawings m) Close-out Documents n) Warranties o) Scheduling 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 and Maintenance Documentation 2.10.2 RELATED SECTIONS: A. Payment Procedures B. Project Coordination C. References D. Quality Control E. Product Storage and Handling Requirements 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 Identify 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,adjacent construction work,and coordination of information are in accord with requirements of the Work and Contract Documents. 2.10.3.6 Schedule submittals to expedite the Project,and 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 Identify variations from Contract Documents and product or system limitations,which may be detrimental to successful performance of the completed Work. 2.10.3.9 Provide space for CONTRACTOR and CONSULTANT review stamps. 2.10.3.10 When revised 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 requirements. 2.10.3.12 Submittals not requested will not be recognized 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, provide 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 knowledge 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 required number of copies as per CONTRACTOR/CM,plus two(2)copies for CONSULTANT. Boynton Beach Utilities—Sodium Hypochlorite Tank#1 Replacement GC 24 2.10.4.5 Mark each copy to identify applicable products,models,options and other data. 2.10.4.6 Supplement manufacturers'standard data to provide information unique to project. 2.10.4.7 Indicate product utility and electrical characteristics,utility connection requirements,and location of utility outlets for service for functional equipment and appliances. 2.10.4.8 After review,distribute in accord with Submittal Procedures article above and provide copies for Record Documents described in the Special Conditions 01740"Project Documentation and 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 reviewfor 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 specified, submit certification by manufacturer, installation/application Sub-Contractor, or CONTRACTOR to CONSULTANT,in quantities specified for Product Data. 2.10.5.3.2 Indicate material or Product conforms to or exceeding specified requirements. 2.10.5.3.3 Submit supporting reference date,affidavits,and 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 specified, submit printed instructions for delivery, storage, assembly, installation, start-up, adjusting, and finishing,to CONSULTANT for delivery to CITY in quantities specified for Product Data. 2.10.5.4.2 Indicate special procedures,perimeter conditions requiring special attention,and special environmental criteria required for application or installation. 2.10.5.4.3 Refer to Quality Control and Warranty sections for quality assurance requirements. 2.10.5.5 Manufacturer's Field Reports: 2.10.5.5.1 Submit reports to CONSULTANT and 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 drawings to 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,documentation,services,materials,or equipment that may reasonably be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the intended result shall be provided whether or not specifically called for. 3.2 REFERENCE TO STANDARDS: 3.2.1 Reference to standard specifications,manuals or codes of any technical society,organization,or association,or to the Laws or Regulations of any governmental authority,whether such reference be specific or by implication,shall mean the latest standard specification,manual, code or Laws or Regulations in effect at the time of opening of Bids,except as may be otherwise specifically stated. However,no provision of any referenced standard specification,manual or code(whether or not specifically incorporated by reference in the Contract Documents) shall be effective to change the duties 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 and consist of the following: 3.3.1.1 The Purchase Order Boynton Beach Utilities—Sodium Hypochlorite Tank#1 Replacement GC 25 3.3.1.2 Contractor's Bid and Bid Bonds 3.3.1.3 Bid Documents consisting of: 3.3.1.4 Invitation to Bid and Instructions to Bidders 3.3.1.5 General Conditions 3.3.1.6 Supplemental Conditions 3.3.1.7 Technical Specifications 3.3.1.8 All Plans 3.3.1.9 All Addenda 3.3.1.10 Recorded Public Construction Performance and 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 Bond. 3.3.1.11 Insurance Certificates shall be provided by the CONTRACTOR,along with the return of an executed copy of the Contract. 3.3.1.12 Any modifications,including change orders,duly delivered after execution of this Contract. 3.3.1.13 Executed Notice to Proceed 3.3.2 Except for duly authorized and executed Modifications including but not limited to change orders and contract amendments,any conflict between the terms and 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 finds 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 Order 2. Construction Contract or Purchase Order. 3. Addenda,with later date having greater priority. 4. Bid Form 5. Special Conditions 6. Supplemental General Conditions 7. Invitation to Bid 8. Instructions to Bidders 9. General Conditions 10. Technical Specifications 11. Contract Drawings The captions or subtitles of the several articles and divisions of these Contract Documents constitute no part of the context and hereof, but are only labels to assist in locating and reading the provisions hereof. However,In the event of inconsistent or conflicting provisions of the Purchase Order or Contract and referenced documents,the following descending order 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 order of precedence is as follows: 1. Figures govern over scaled dimensions. 2. Detail drawings govern over general drawings. 3. Addenda/Change Order drawings govern over any other drawings. 4. Drawings govern over standard 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 methods indicated 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 standard,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 dutyor authorityto supervise or directthe 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 amended to provide for additions,deletions and revisions in the Work or to modify the terms and conditions thereof by a Change Order(pursuant to Article 10,Changes in Work). 3.5.2 Additionally,the requirements 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: Boynton Beach Utilities—Sodium Hypochlorite Tank#1 Replacement GC 26 Page 4E)Q -6 ;ZA41 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). 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 documents used 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 lands of rights-of-way provided. 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 furnished to the CITY and CONSULTANT prior to said use,and 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 and CITY Rights-of-Way and 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 condition 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 Adjacent 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 and 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 and 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 made to the Special Conditions for identification of those drawings of physical conditions 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 limited to, any aspects of the means, methods, techniques, sequences,and procedures of construction to be employed 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,and 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 and 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 and locations, or for inaccurate verifications by CONTRACTOR. CONTRACTOR shall bear the full cost of any modifications to the Work which result from subsurface conditions 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 indicated in the Contract Documents with respect to existing Underground Utilities at or contiguous to the Site is based on information and data furnished to the CITY or CONSULTANT by the owners of such Underground Facilities or by Boynton Beach Utilities—Sodium Hypochlorite Tank#1 Replacement GC 27 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 Underground 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 members of the USA System or Sunshine State One Call Services,and therefore,not automatically contacted by the above referenced telephone number.The CONTRACTORwill 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,and repairing any damage thereto resulting from Work,the cost of all of which shall be considered as having been included in the Contract Price. 4.3.1.5 All water pipes,sanitary sewers,storm drains,force mains,gas mains,or other pipes,telephone or power cables or conduits, pipe or conduit 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 differences 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 and before performing any Work affected thereby(except in an emergency as permitted by paragraph 6.10), identify the owner of such Underground Facility and give written notice thereof to that owner, the CITY and CONSULTANT. The CONSULTANT shall promptly review the Underground Facility to determine the extent to which the Contract Documents should be modified to reflect and document 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 conditions,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,including those reports discussed in paragraph 4.2 and 4.3(Physical Conditions,Underground Facilities),and 4.4.1.2 Any unknown physical conditions at the Site of the Work of an unusual nature differing materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents including those reports and documents discussed in paragraph 4.2 and 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 advise the CITY in writing(with a copy to the CONTRACTOR)of CONSULTANT's findings and conclusions. 4.4.3 If CONSULTANT concludes that because of newly discovered conditions a change in the Contract Documents is required,a Change Order shall be issued as provided 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 differing site conditions could 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) and 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 and before they are disturbed, shall constitute a waiver of all claims in connection therewith,whether direct or consequential in nature. 4.5 REFERENCE POINTS: Boynton Beach Utilities—Sodium Hypochlorite Tank#1 Replacement GC 28 Page 411 uFFEM 4.5.1 The CITY shall provide,if available,engineering surveys to establish reference points for construction,which in CON SULTANT'sjudgment are necessary to enable CONTRACTOR to proceed 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 and 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. ARTICLE 5—BONDS AND INSURANCE 5.1.1 CONTRACTOR shall upon delivery of the executed Contract or receipt of Award letter from the CITY,furnish Performance and Payment Bonds,each in an amount at least ONE HUNDRED PRECENT(100°/x)of the Contract Price as security for the faithful performance and payment of all CONTRACTOR's obligations under 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 and 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 Bonds as are required by the Special Conditions. Each Bond shall be furnished in an amount equal to ONE HUNDRED PERCENT(100°/x)of the amount of the Contract award. The form and conditions of the Bond and the Surety shall be as specified and supplied by the CITY in the Bid Documents. 5.1.2 The Surety shall be a nationally recognized Surety Company,acceptable to the CITY,listed on the current list of"Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and Acceptable Reinsuring Companies'as published in Circular 570 (amended) 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,and 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 better $2,499,999.99 Over$2,500,000 Class XIV A or better 5.1.4 The Bond shall specifically incorporate and acknowledge the Surety's responsibility for liquidated damages. 5.1.5 Bonds shall be executed and issued by registered agent,licensed and having an off ce in the State of Florida representing such corporate sureties. 5.1.6 If the CONTRACTOR is a partnership,the Bond shall be signed by each of the individuals who are partners,if a corporation,the Bond shall be signed 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 authoritywhere Bond is executed by agent,officer or other representative of CONTRACTOR or Surety,c)duly certified extract from by-laws or resolutions of Surety under 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 Bond furnished 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 requirements of paragraph 5.1.3 and 5.1.4,CONTRACTOR shall within five(5)days thereafter substitute another Bond and 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 and services under this Agreement,comply with all federal,state,and local laws and 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 under 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—Sodium Hypochlorite Tank#1 Replacement GC 29 The following are required types and minimum limits of insurance coverage,which the CONTRACTOR agrees to maintain during the term of this Contract,unless otherwise stated: Occurrence Aggregate Line of Business/Coverage Commercial General Liability,including: $1,000,000 $2,000,000 Premises/Operations Contractual Liability Personal Injury Explosion,Collapse,Underground Hazard Products/Completed Operations Broad Form Property Damage Cross Liability and Severability of Interest Clause Automobile Liability(including owned,non-owned,and hired) $1,000,000 $2,000,000 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 depending 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 required under this section and have supplied the CITY with evidence 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 Award and 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, representatives and 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 and Harbor Workers Act and/or Jones Act. 5.2.9 Should the CITY require 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 Bidder of the insurance provisions does 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 conditions in order to submit its bid,has become familiar with the local conditions under which the Work is to be performed,and correlated personal observations with the requirements 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 and Boynton Beach Utilities—Sodium Hypochlorite Tank#1 Replacement GC 30 Page 419 uFFE)l equipment)in,or on,or adjacent 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,should 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"includes without limitations,members of the public,the CITY and its employees and agents,the Project Manager and 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 and building codes. 6.2.4 The CONTRACTOR assumes all risk of loss,damage 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 and direct the Work. It shall be solely responsible for the means,methods,techniques,sequences and procedures of construction. The CONTRACTOR shall employ and maintain at the Worksite(s), a qualified supervisor or superintendent who shall have been designated 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 adequate 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 designated supervisor/superintendent. 6.4 LABOR,MATERIALS AND EQUIPMENT: 6.4.1 The CONTRACTOR shall provide competent,suitably qualified personnel to survey and lay out the Work and perform construction as required 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 observed 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 and 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 equipment 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 and equipment shall be applied, installed, connected,erected, used,cleaned and conditioned in accordance with the instructions of the applicable manufacturer,fabricator or processors,except as otherwise provided 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 intended purpose before being purchased by the CONTRACTOR. However,the CONTRACTOR shall submit to the CONSULTANT and 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 Bidders if prior to award,or after award,within ten(10)calendar days after the CONTRACTOR should have been aware of the need for substitution,unless otherwise stipulated in the Special Conditions. No request for payment for"or equal"equipment shall be approved until this list has been received and 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 equipment 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 requirements,and that other products of equal capacities,quality and function may be considered. The CONTRACTOR may request the substitution of a material,article,or piece of equipment of equal substance and function for those referred to in the Contract Documents by reference to brand name or catalogue number and if,the opinion of the CONSULTANT and CITY, such material,article,or piece of equipment is of equal substance and function to that specified,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 adapt 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 Boynton Beach Utilities—Sodium Hypochlorite Tank#1 Replacement GC 31 Page 41 4T of :781 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, additional data 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 ordered or installed without the written approval of the CONSULTANT with the CITY's Project Manager's concurrence. 6.4.5.6 Delay caused by obtaining approvals for substitute materials or installations shall be attributable to CONTRACTOR and shall not be considered justifiable grounds for an extension of construction time. 6.4.5.7 Should any work or materials,equipment or products not conform with requirements of the Drawings and Specifications or become damaged during the progress of the Work,such Work or materials shall be removed and replaced,together with any work disarranged by such alterations,at any time before completion and acceptance of the Project. All such work shall be done at the expense of the CONTRACTOR. 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 conditional 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,method,technique,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 and 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 equipment of the same kind,type or classification,and being used for identical types of service,shall be made 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)againstwhom 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 accepted by the CITY's Project Manager and the CONSULTANT,unless the CONSULTANT determines that there is good cause for doing so. If after bid 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 and award the Contract to the next qualified, 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 directly or indirectly 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 and 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 performed 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 otherwise unsatisfactory,such Sub-Contractor shall be replaced if and when directed in writing. Boynton Beach Utilities—Sodium Hypochlorite Tank#1 Replacement GC 32 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 and equipment are adequate for the Work and the Schedule. 6.5.10.3 Verify that product procurement schedules are adequate. 6.5.10.4 Verify that product deliveries are adequate to maintain schedule. 6.5.10.5 Report non-compliance to CONSULTANT with recommendation for changes. 6.6 PATENTS,FEES AND ROYALTIES: 6.6.1 The CONTRACTOR shall pay all license fees and 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 and anyone directly or indirectly employed by either of them from and against all claims,damages,losses and expenses (including attorney's fees)arising out of any infringement of such rights during or after completion of the Work,and shall defend 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 do 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 required. CONTRACTOR shall be responsible for complying with the South Florida Water Management District (SFWMD), Florida Department of Environmental Regulations,United States Environmental Protection Agency and any other regulatory agency requirements including financial responsibility(fines,etc). 6.7.3 Laws and 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 stated 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 order and annotated to show all changes made during the construction process. Such documents shall be available to the CONSULTANT and shall be delivered to the CONSULTANT for the CITY upon completion of the Project. Such documents shall be used for this purpose only. Final acceptance of the project shall be withheld by the CITY until approval of all documents specified herein is made by the CITY's Project Manager. 6.9.2 The awarded CONTRACTOR shall maintain during the term 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 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 period 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 audit,investigate,monitor,inspect and review the operations,activities,performance and procurement process of the CONTRACTOR,its Sub-Contractors and lower tier subcontractors and its off cers,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 and accounting procedures and practices,sufficient to discover and verify all direct and indirect costs of whatever nature claimed to have been incurred or anticipated to be incurred and 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 provided 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 and documents,and other financial data and shall submit true copies of requested records to the CITY. 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 Boynton Beach Utilities—Sodium Hypochlorite Tank#1 Replacement GC 33 Work. CONTRACTOR shall take all necessary precautions for the safety of,and shall provide the necessary protection to prevent damage, injury or loss to: 6.10.1.1 All employees on the Work and other persons,who may be affected thereby, 6.10.1.2 All the Work and all materials or equipment to be incorporated therein,whether in storage on or off the Site,and 6.10.1.3 Other property at the Site or adjacent thereto,including trees,shrubs,lawns,walks,pavements,roadways,structures and utilities not designated for removal,relocation or replacement in the course of construction. 6.10.2 CONTRACTOR shall complywith 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 damage, injury or loss on or off the Work and shall erect and maintain all necessary safeguards for such safety and 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,and 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 completed and CONSULTANT has issued 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 and building and construction codes shall be observed and the CONTRACTOR shall take or cause to be taken such additional safety and health measures as the Local Public Agency involved may determine to be reasonably necessary. Machinery,equipment and all hazards shall be guarded in accordance with the safety provisions of the"Manual of Accident 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 record 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 accidents. 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 accordance with Laws and 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 damage,injury or loss. 6.10.12 CONTRACTOR shall give CITY's Project Manager and 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 required because of the action taken in response to an emergency,a Change Order shall be issued to document the consequences of the changes or variations. 6.10.13 During adverse weather,and against the possibility thereof,the CONTRACTOR shall take all necessary precautions to ensure that the Work shall be done in a good and workmanlike condition and is satisfactory in all respects. When required,protection shall be provided by the use of tarpaulins,wood and other acceptable means. The CONTRACTOR shall be responsible for all changes caused by adverse weather,including 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 conditions may be,in any season. 6.10.14 If the CONTRACTOR believes that additional 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 for herein is specifically prohibited by statute or government edict,or due to the stoppage of construction caused by any governmental agency,state, CITY,town,or county regulations,orders,restrictions,or due to circumstances beyond the CITY's control,then the CITY herein reserves the right to either suspend 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. Boynton Beach Utilities—Sodium Hypochlorite Tank#1 Replacement GC 34 Page 41:7 uFFE)l 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 reproducible 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,design criteria, materials of construction and the like to enable the CONSULTANT to review the information as required. Shop Drawings shall include but not be limited 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 Schedules 6.11.1.7 Product mix formula 6.11.1.8 Product design or engineering calculations 6.11.1.9 Other information as required by project After review,produce copies and distribute per Submittal Procedures article above and for Record Documents purposes described 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,identified 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 board to CITY's Project Manager per Submittal Procedures. Samples shall also conform to the following: 6.11.2.1 Sample finishes and 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 and approval by the CITY,provide duplicates and distribute per Submittal Procedures. 6.11.2.3 Submitsamples to illustrate functional and aesthetic characteristics of the product,with integral parts and attachment devices. Coordinate sample submittals for interfacing work. 6.11.2.4 Include identification on each sample with full project information. 6.11.2.5 Submit number of samples specified 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 deviations 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 quantities,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 and 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 requiring a Shop Drawing or sample submission shall be commenced until the submission has been reviewed and 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 and 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 deviations from the requirements of the Contract Documents unless the CONTRACTOR has in writing,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 required 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 behind 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 Boynton Beach Utilities—Sodium Hypochlorite Tank#1 Replacement GC 35 surplus and 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 damaged during the prosecution of the Work,and 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 and 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 puffy stains and paint from and wash and polish all glass.Do not scratch or otherwise damage glass. 6.12.2.2 Remove all marks,stains,fingerprints and other soil and dirt from painted,stained and decorated work. 6.12.2.3 Remove all temporary protections and clean and polish floors. 6.12.2.4 Clean and polish all hardware 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 Closed"signs shall be placed immediately adjacent to the Work,in a conspicuous position,at such locations as traffic demands. At any time that streets are required 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, and parties operating emergency vehicles before the street is closed and also as soon as area is opened.Approval from the CITY shall be coordinated through the Department of Public Works/Engineering,including notification of the news media and affected property owners. Access to fire hydrants and 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 complywith the requirements and regulations of the public authorities having jurisdiction.They shall commit no public nuisance. Temporary sanitary facilities shall be removed upon completion of the Work and the premises shall be left clean. 6.15 INDEMNIFICATION: 6.15.1 CONTRACTOR agrees to protect,defend,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,and elected officials can or may be held liable as a result of injury(including death)to persons or damage 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 required 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 marked,trademarked patented or unpatented invention,process,or any other intellectual property right or item manufactured by the CONTRACTOR.Further,if such a claim is made,or is pending,the CONTRACTOR may,at its option or expense,procure for the CITY the right to use,replace,or modify 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 agreed and understood,without exception,that the Bid prices shall include all royalties or cost arising from the use of such design,device or materials in any way 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 shall represent the specific consideration for the CONTRACTOR's indemnification of the CITY. 6.15.4 The CITY reserves the right to select its own legal counsel to conduct any defense in any such proceedings and all costs and fees associated 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 and agreement of the parties that all of the Contract Documents on this Project are hereby amended to including the foregoing indemnification and the"Specific Consideration"therefor. 6.15.6 Nothing contained herein is intended nor shall be construed to waive the CITY's rights and immunities under the common law or Florida Statutes§768.28,as amended from time to time. 6.16 CLAIMS: 6.16.1 In any and 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(Indemnification)shall not be limited in anyway by any limitation on the amount or type of damages,compensation or benefits payable by or for the CONTRACTOR or any Sub-Contractor under workers'compensation acts,disability benefit acts or other employee benefit Boynton Beach Utilities—Sodium Hypochlorite Tank#1 Replacement GC 36 Page 41Q -6 ;ZA41 acts. 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 required by the Drawings and Specifications to provide a complete installation. 6.18 WORK IN STREET,HIGHWAY AND OTHER RIGHTS-OF-WAY: 6.18.1 Excavation,grading,fill,storm drainage,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 and 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 and 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. , including incidental structures connected therewith, that are encountered in the Work in order that such items may be 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 and fees made 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 done 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 and 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 and land and areas identified in,and permitted by the Contract Documents and other land and areas permitted by laws,ordinances, and regulations, rights-of-way, permits, easements, and directions of the CITY's Project Manager or Representative, and shall not reasonably encumber the premises with construction equipment or other materials or equipment. 6.20.2 CONTRACTOR shall assume full responsibility for any damage 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 and regulations,indemnify and hold the CITY harmless from and against all claims,damages,losses and expenses(including,but not limited to fees of engineers, architects,attorneys and other professionals and court costs)arising directly, indirectly or consequentially out of any action, legal or equitable, brought by any such other party against the CITY or CONSULTANT to the 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 debris 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,and shall leave the Site clean and 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,fres 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: Boynton Beach Utilities—Sodium Hypochlorite Tank#1 Replacement GC 37 Page 428 uFFE)l 6.21.1 Any existing surface and subsurface improvements, such as pavements, curbs, sidewalks, pipes or utilities, footings, or structures (including portions thereof),trees and shrubbery,not indicated on the Drawings or noted in the Specifications as being removed or altered shall be protected 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 occupied 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 provide temporary heat.CONTRACTOR's proposed 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 Schedule) proposed adjustments in the progress schedule to reflect the impact thereon of new developments,these shall conform generally to the progress schedule then in effect and additionally shall comply with any provisions of the General Requirements applicable thereto. All approved changes shall be memorialized as change orders. 6.24 CONTINUING THE WORK: 6.24.1 CONTRACTOR shall carry on the Work and adhere to the progress schedule during all disputes or disagreements with the CITY. No Work shall be delayed or postponed pending 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 and 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 intended. CONTRACTOR's warranty and guarantee hereunder 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 under normal usage 6.25.2 CONTRACTOR's obligation to perform and 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 Recommendation 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 and approval of a Shop Drawing or Sample submittal or the issuance of a notice of acceptability by CONSULTANT pursuant to paragraph 14.10. 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 agreed upon timeframe. 6.26.2 The cost of incidental work described 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 additional paymentwill be made therefore. 6.27 EXCEPTIONS TO SPECIFICATIONS: 6.27.1 Any exceptions to the Specifications and/or drawings must be brought to the attention of the CITY's Procurement Services Division in writing prior to the expiration of the Bid question period. Failure to list any exceptions with the Procurement Services Division in writing prior to the end of the Bid question period means that the Bidder is complying 100%with the Specifications.All materials may be inspected by the CITY upon delivery for compliance with said Specifications. Deviations from the Specifications shall be cause for the Bid 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 and/or materials,together with all appurtenances necessary for unrestricted operation,as determined by the CITY in its sole discretion. 6.28 SILENCE OF SPECIFICATIONS: Boynton Beach Utilities—Sodium Hypochlorite Tank#1 Replacement GC 38 Page 421 uFFE)l 6.28.1 The apparent silence of any Specification as to any details,or the omission from the Specifications of a detailed description concerning any point shall be regarded as meaning that only the best commercial practices are to prevail and that materials of the first quality and correct type,size and design are to be used. 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 performed by the CONTRACTOR as though it were specifically delineated or described. 6.29 QUALITY: 6.29.1 Items delivered as a result of award from this Bid shall be free of defects. Any item(s)not meeting this specification shall be replaced by the awarded Bidder/CONTRACTOR at no additional charge to the CITY. 6.30 CONDITIONS OF MATERIALS: 6.30.1 All materials and products supplied by the CONTRACTOR in conjunction with this Bid shall be new,warranted for merchantability,ft for a particular purpose,free from defects and 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,and for which disposition is not specifically provided for elsewhere in these Specifications,it shall contact the CITY to determine if the removal items are to be salvaged.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 and federal laws and regulations. 6.32 OCCUPATIONAL HEALTH AND SAFETY: 6.32.1 If the CONTRACTOR,delivers 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 provided 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 and the common name of the toxic substance. 6.32.1.2 The hazards 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. 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 directed to: Department of Labor and 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 and 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 established by UL for the items offered and furnished. 6.36 ASBESTOS: Boynton Beach Utilities—Sodium Hypochlorite Tank#1 Replacement GC 39 Page 429 -6 ;ZA41 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 bonds 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 reviewed,Work inspected and that Work is complete in accordance with Contract Documents and ready for CITY's Project Manager and 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 and federal authorities. 6.37.2.3 The CONTRACTOR shall submit final application for payment to CONSULTANT and CITY's Project Manager identifying total adjusted 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 and foreign substances,wax,clean and polish transparent and glossy surfaces,vacuum carpet and soft surfaces. 6.37.3.3 The CONTRACTORshall clean equipmentand 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. 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 residue. 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,Addenda,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 record 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 Provide Boynton Beach Utilities—Sodium Hypochlorite Tank#1 Replacement GC 40 duplicate notarized copies to the CITY. 6.37.8.2 The CONTRACTOR shall execute and 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 required 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 and 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. 6.38.1.3 The CONTRACTOR shall provide 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 demising 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 safetyof 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 dust,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 atconstruction access points. "No Trespassing"sign shall include statutory language that area is construction site and that trespassing and theft are felonies and 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 plywood with vapor barrier and wood framing to prevent unauthorized entrance,dust or Boynton Beach Utilities-Sodium Hypochlorite Tank#1 Replacement GC 41 Page 42-4 -6 ;ZA41 debris from entering occupied portion of the area. 6.38.3.4 Where construction is overhead,the CONTRACTOR shall provide safe and secure method of access through or adjacent 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 including 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 provide 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 and 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 Provide berms,dikes or drains to divert water flow away from existing structures into storm water retention areas. 6.39.4 Provide methods necessary to prevent mud and debris from entering storm water system. 6.39.5 Provide methods necessary to prevent excessive noise on Site.CONTRACTOR shall comply with OSHA and CITY's noise requirements. 6.39.6 Provide methods necessary to prevent pests and insects from damaging the Work. 6.39.7 Provide 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 Provide 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 Provide 5/8"C/D plywood sheets,pressure treated or other means of weather protection,with 2 x 4 wood framing at edges and 24"maximum vertical spacing. 6.39.10 TEMPORARY WALLS: 6.39.10.1 Provide demising Wall:5/8"C/D plywood 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 Provide 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 Boynton Beach Utilities—Sodium Hypochlorite Tank#1 Replacement GC 42 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 Identification 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 provide 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 utilized on the Project. 6.40.5.4 The CONTRACTOR shall provide a security plan to CITY indicating how construction site is to be secured to include normal and emergency egress and ingress. 6.41 PRODUCT SUBSTITUTION PROCEDURES 6.41.1 The CONTRACTOR shall follow the administrative and procedural requirements listed below in Section 6.41.2 for consideration of request for substitution during the design and construction phases. 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 identify Project, CONTRACTOR/CM and CONSULTANT during the bidding phase plus Sub- Contractor or supplier during construction phase,indicating Specification Section and Paragraph Number of specified material and pertinent drawing 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,signed or initialed certifying that review, approval,verification of products required,field dimensions,adjacent construction work,and coordination of information are in accordance with the requirements of the Work and Contract Documents. 6.41.2.6 Schedule submittals to expedite the Project, and deliver to CONSULTANT or CONTRACTOR/CM at business address. 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 Identify variations from Contract Documents and product or system limitations,which may be detrimental to successful performance of the completed work. 6.41.2.9 Provide space for CONTRACTOR/CM and CONSULTANT review stamps. 6.41.2.10 When revised 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 requested will not be recognized or processed. 6.41.3 SUBSTITUTION REQUESTS Requests for substitutions shall be made no later than ten(10)calendar days prior to Bid date. Requests received afterwards may not be considered. 6.41.4 SCOPE OF WORK: The CONTRACTOR shall follow the administrative and procedural requirements setforth in Section 6.41.5 to assure quality of construction before and during construction. Section 6.41.5 states the CONTRACTOR's general requirements for mockups and field samples,constructed,applied or assembled at Boynton Beach Utilities—Sodium Hypochlorite Tank#1 Replacement GC 43 Page 428 -6 ;ZA41 the Site for review for use as a quality standard. 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 interdependent 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 equipment. 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 and 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 finished areas,except as otherwise indicated;conceal pipes,ducts,and wiring within the construction. Coordinate locations of fixtures and outlets with finish elements. 6.41.5.7 Coordinate completion and clean up work of separate sections in preparation for Substantial Completion and for portions of work designated for CITY's partial occupancy. 6.41.5.8 After CITY occupancy of premises,coordinate access to Site for correction of defective work and work not in accordance 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 considered by the CITY. 6.42 FIELD ENGINEERING CONTRACTOR shall employ Land 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 established by CITY provided survey. 6.42.3 CONTRACTOR shall verify setbacks and easements,confirm drawing dimensions and elevations. 6.42.4 CONTRACTOR shall provide field engineering services and establish elevations,lines and levels,utilizing recognized engineering survey practices. 6.42.5 CONTRACTOR shall submit copy of site drawing and 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 and 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 considered. 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 additional work with the CITY's employees)proper and safe access to the Site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such work, and shall properly connect and coordinate the work with the CONTRACTOR's. CONTRACTOR shall do all cutting,fitting and patching of the Work that may be required to make its several parts come together properly and 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 and CONSULTANT and the other contractors whose work shall be affected. The duties and responsibilities of CONTRACTOR under this paragraph are for the benefit of the CITY and 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 and results of CONTRACTOR's work. CONTRACTOR's failure to report shall constitute an acceptance of the other contractor's work as ft and proper for integration with CONTRACTOR's work except for latent defects and deficiencies in the other contractor's work. 7.2 COORDINATION: Boynton Beach Utilities—Sodium Hypochlorite Tank#1 Replacement GC 44 Page 42:7 uFFEM 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 and 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 provided 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: 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 promptlywhen 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 duties in respect to providing lands and 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 and 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 Conditions). 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,suspend 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 purchased 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 individual locations during the contract period. The CONTRACTOR agrees that the price(s)offered shall be maintained irrespective of the quantity actually purchased. 8.9 ADDITIONAL TERMS AND CONDITIONS: 8.9.1 No additional terms and conditions included with the Bid response shall be evaluated or considered,have any force or effect,and 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 and 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 period. . 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 aesthetics 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 and communications,and 9.1.3.2 Schedule and conduct pre-construction meeting and progress meetings. Boynton Beach Utilities-Sodium Hypochlorite Tank#1 Replacement GC 45 Page 428 -6 ;ZA41 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 of drawings 9.1.4.5 Schedules 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 and approvals 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 experienced and qualified design professional,CONSULTANT shall keep the CITY informed of the progress of the Work and endeavor to guard 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 authorized 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 requirements of the Contract Documents(in the form of Drawings or otherwise)as the CITY may determine necessary,which shall be consistentwith 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 completed 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 required 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 used to describe Work that is unsatisfactory,faulty or defective,or does not conform to the requirements of the Contract Documents or does not meet the requirements of any inspection,test or approval referred to in the Contract Documents,or has been damaged 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: Boynton Beach Utilities—Sodium Hypochlorite Tank#1 Replacement GC 46 Page 429 uFFE)l 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 and 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)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 additional 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 render a formal decision in writing by thirty(30)days after receipt of the opposing party's submittal,if any,in accordance 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 delivered 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 remedies as the appealing party may have with respect to such claim,dispute or other matter in accordance with applicable laws and 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 decision by the CITY's Project Manager pursuant to Paragraphs 9.8.1,(Determinations of Unit Prices),9.9.1 and 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 remedies 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 Administer 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 and administer any required 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 adjectives"reasonable',"suitable',"acceptable","proper",or"satisfactory',or adjectives of the like effect or import are used to describe a requirement,direction,review or judgment of the CONSULTANT as to the Work,it is intended that such requirement,direction,review orjudgment 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 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 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 and programs incident 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 invalidating 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 authorized by a Field Order or Change Order. Upon receipt of any such order or document,CONTRACTOR shall promptly proceed with the Work involved that shall be performed under the applicable conditions of the Contract Documents,except as otherwise specifically provided. Boynton Beach Utilities—Sodium Hypochlorite Tank#1 Replacement GC 47 Page 498 uFFE)l 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. 10.2 UNAUTHORIZED CHANGES IN THE WORK 10.2.1 CONTRACTOR shall not be entitled to an increase in the Contract Price or an extension of the Contract Time with respect to any Work performed that is not required by the Contract Documents as amended,modified and supplemented as provided in Section 3.2(References to Standards)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 and 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 required 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 anywritten 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 and applicable laws and regulations,but during any such appeal,CONTRACTOR shall carry on the Work and adhere to the progress schedule 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 governed 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 duties,responsibilities and 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 changed by a Change Order. Any claim for an increase or decrease in the Contract Price shall be based on written notice delivered by the party making the claim to the other party 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 delivered within thirty(30)days after such occurrence and shall be accompanied by claimant's written statement that the amount claimed covers all known amounts(direct,indirect and consequential)to which the claimant is entitled 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 involved. Any claim for an adjustment 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 determined in one of the following ways: 11.1.3.1 Where the Work involved 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 include only the following items listed 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 includes 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 and legal holidays,agreed upon by the CITY and 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,workers' or workmen's compensation,health and retirement benefits,sick leave,vacation and holiday pay applicable thereto. Employees under this paragraph Boynton Beach Utilities—Sodium Hypochlorite Tank#1 Replacement GC 48 Page 491 uFFEM shall include 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, including costs of transportation and 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 and 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 determined 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 limited 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,including transportation and maintenance,of all materials,supplies,equipment,machinery,appliances,office and temporary facilities at the site and tools not owned by the workers that are consumed in the performance of Work,and costs less than market value of such items used but not consumed which remain the property of the CONTRACTOR. b. Rentals of all construction equipment and machinery and the parts thereof,whether rented from CONTRACTOR or others in accordance 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 bonds 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 and other compensation of CONTRACTOR's officers, executives, principals (of partnership and 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 off ce for general administration of the Work and not specifically included in the agreed upon schedule ofjob classifications referred to in Paragraph 11.2.2(Labor)or specifically covered by Paragraph 11.2.5(Costs of Special Consultants)—aII of which are to be considered administrative costs covered 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 off ces,other than CONTRACTOR's off ce at the Site. 11.2.7.3 Any part of CONTRACTOR's capital expenses including interest on CONTRACTOR's capital employed for the Work and charges against CONTRACTOR for delinquent payments. 11.2.7.4 Cost of premiums for all Bonds and for all insurance whether or not CONTRACTOR is required by the Contract Documents to purchase and 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 equipment 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 day and 40-hour workweek. 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 overhead 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 incurred 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 incurred 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). d. 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 and credits are involved in any one change,the adjustment in CONTRACTOR's fee shall be computed on the basis of net change in accordance with Paragraphs 11.3.1.2(a)through 11.3.1.2(d)inclusive. 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 breakdown together with supporting data. 11.4 ALLOWANCES: Boynton Beach Utilities—Sodium Hypochlorite Tank#1 Replacement GC 49 Page 492- of :781 11.4.1 It is understood that CONTRACTOR has included 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 include the cost to CONTRACTOR(less any applicable trade discounts)of materials and equipment required 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 demand 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 due CONTRACTOR on account of Work covered by allowances and the Contract Price shall be correspondingly 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 deemed 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 quantity of each item as indicated in the Contract. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Determinations of the actual quantities and classifications of Unit Price Work performed by CONTRACTOR shall be made by CONSULTANT and CITY in accordance with Paragraph 9.8-Determination of Unit Prices. 11.5.2 Each unit price shall be deemed to include an amount considered by CONTRACTOR to be adequate to cover CONTRACTOR's overhead and 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 quantity of such item indicated in the Contract and there is no corresponding adjustment with respect to any other item of work,and 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 indicated in the Contract and there is no corresponding adjustment with respect to any other item of work and 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 accordance 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 Bythe reasonable and fair estimated cost of such omitted Work and profit percentage as determined bythe CONTRACTOR and 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 delivered 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 data 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 Identification and demonstration that the delay or change in the Work impacts the construction schedule. 12.1.1.5 Identification of the source of delay 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 Recommended action to minimize delay. 12.1.2 Requests for extension of time shall be fully documented and shall include copies of daily logs,letters,shipping orders,delivery tickets, and 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 judgment of the CITY whose decision shall be binding upon CONTRACTOR is due to delay beyond the control of the CONTRACTOR,the Contract Boynton Beach Utilities—Sodium Hypochlorite Tank#1 Replacement GC 50 Page 499 uFFE)l 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 contemplated 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 due to inclement weather(i.e.beyond 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 prevented from completing any part of the Work within the Contract Time(or Milestones)due to delay beyond 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,and SubContractor,any supplier,any other person or organization,or to any surety or employee or agent of any of them,for damages 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 including but not limited to fires,floods,epidemics,abnormal weather conditions,acts of God 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 and CONTRACTOR recognize and acknowledge that time is of the essence of this Contract and that the CITY shall suffer financial loss if the Work is not completed within the times specified in Paragraph 2.3-Notice to Proceed plus any extensions thereof allowed in accordance with Article 12-Change of Contract Time. Each of the parties acknowledge that it has attempted to quantify the damages 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 acknowledge the delays,expenses and difficulties involved in providing proof of such damages in a legal proceeding,the actual loss suffered by the CITY if the Work is not completed on time. Accordingly,instead of requiring any such proof,the CITY and CONTRACTOR agree that as liquidated damages for delay(but not as a penalty)CONTRACTOR shall pay the CITY: 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 day that expires after the time specified in Paragraph 2.3-Notice to Proceed,for Substantial Completion until the Work is substantially complete. 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 granted 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 Boynton Beach Utilities-Sodium Hypochlorite Tank#1 Replacement GC 51 Page 49-4 -6 ;ZA41 $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 and 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 nota penalty.The CITY reserves the right to additionally recover directjob site expenses,including CONSULTANT's expenses incurred during 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 and 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 Unremedied defects identified 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 and 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 and 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. 13.3.2 If any federal,state or local laws and 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 required certificates of inspection,testing or approval. CONTRACTOR shall also be responsible for and pay all costs in connection with any inspection or testing required in connection with the CITY's or CONSULTANT's acceptance of supplier of materials or equipment proposed to be incorporated 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. 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 requested 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 and CONSULTANT has not acted 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 specified to be made by the CONTRACTOR,the testing personnel shall make the necessary inspections and tests,the testing work and 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 prerequisite 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 and mechanical equipment and appliances shall be conducted in accordance with the recognized test codes. 13.3.9 Costs. All inspection and testing or materials furnished under this Contract will be provided by the CONTRACTOR,unless otherwise expressly specified. 13.3.10 Materials and equipment submitted 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 equipment which are rejected for non-compliance. Boynton Beach Utilities-Sodium Hypochlorite Tank#1 Replacement GC 52 Page 49rm -6 ;ZA41 13.3.11 Certificate of Manufacture: CONTRACTOR shall furnish CONSULTANT authoritative evidence in the form of Certificate of Manufacture that the materials to be used in the Work have been manufactured and tested in conformity with the Contract Documents. 13.3.12 These Certificates of Manufacture shall be notarized and include copies of the results of physical tests and chemical analyses,where necessary,that have been made directly on the product or on similar products of the manufacturer. 13.3.13 Start-up Tests:As soon as conditions 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 required.The CONTRACTOR shall assist in the start-up tests as applicable. 13.4 UNCOVERING WORK: 13.4.1 If any Work is covered contrary to the request of CONSULTANT, it must, if requested by CONSULTANT, be uncovered for CONSULTANT's observation and replaced at CONTRACTOR's expense. 13.4.2 If CONSULTANT requests 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 and testing and of satisfactory reconstruction,(including but not limited to fees and charges of engineers,architects,attorneys and 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 and 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 completed 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: 13.6.1 If required by CONSULTANT,CONTRACTOR shall promptly,as directed,either correct all defective Work,whether or not fabricated, installed 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 direct,indirect,and consequential costs of such correction or removal(including but not limited 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 do 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 due to the CONTRACTOR,or 13.6.2.2 The CITY shall hold back final payment due CONTRACTOR until such time as the Work is completed to the satisfaction of the CITY's Project Manager and 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 remedies contained 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 and other professionals)shall be paid by CONTRACTOR. 13.7.3 In special circumstances where a particular item of equipment is placed in continuous service before Final Acceptance of all the Work,the correction period 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 damage to other Work resulting therefrom)has been corrected,removed or replaced under this Paragraph 13.7—"One Year Correction Period",the correction period hereunder with respect to such Work shall be extended for an additional period Boynton Beach Utilities—Sodium Hypochlorite Tank#1 Replacement GC 53 of one(1)year after such correction or removal and replacement has been satisfactorily completed. 13.8 ACCEPTANCE OF DEFECTIVE WORK: 13.8.1 Instead 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 and to include 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 provided 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 required 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, and suspend CONTRACTOR's services related thereto,take possession of CONTRACTOR's tools,appliances,construction equipment 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 and remedies under this Paragraph. 13.9.3 All direct,indirect and consequential 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 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,indirect and inconsequential costs shall include but not be limited to fees and charges of engineers,architects,attorneys and other professionals, all court costs,and all costs of repair and/or replacement of Work of others destroyed or damaged 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 allowed an extension of the Contract Time because of any delay in performance of the Work attributable to the exercise bythe CITY of the CITY's rights pursuantto Paragraph 13.9 of the General Conditions. ARTICLE 14—PAYMENTS TO CONTRACTOR AND COMPLETION: 14.1 SCHEDULE OF VALUES 14.1.1 The schedule of values established as provided in Paragraph 2.9—Finalizing Schedules,shall serve as the basis for progress payments and 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 quantities 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 and equipment for performing all operations necessary to complete the Work under the Contract and also in full payment for all loss or damages arising from the nature of the Work or from any discrepancy between the actual quantities of Work and quantities 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 and 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 Bid shall be in accordance with the description of that item. 14.3 APPLICATION FOR PAYMENTS: 14.3.1 Unless otherwise prescribed 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 completed 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 Boynton Beach Utilities—Sodium Hypochlorite Tank#1 Replacement GC 54 Page 49:7 uFFE)l retainage specified 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,and description,as for an original component item of work. 14.3.4 As provided 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,under this Contract have been applied by the CONTRACTORto discharge in full all obligations of the CONTRACTOR in connection with Work covered by prior Application for Payment (AFP), and all materials and equipment incorporated 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 and 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 and clear of all liens,claims,security interests and encumbrances(hereafter in these General Conditions referred to as"Liens"),and that no work or equipment 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 equipment 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 recommendation of payment and presentthe 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 and resubmit the Application. Thirty(30)days after receipt of the Application for Payment by the CITY with CONSULTANT's recommendation,the amount recommended 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 recommendation 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 conditions precedent to CONTRACTOR's being entitled 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 subsequently discovered evidence or the results of subsequent inspections or tests,nullify any such payment previously recommended, 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 completed 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 required 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 credit against the amount recommended 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 requested cannot be verified by the CITY. 14.5.7 Claims or Liens have been fled 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 accordance with the Contract Documents. 14.5.10 Upon liquidated 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 and 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 and 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 Boynton Beach Utilities—Sodium Hypochlorite Tank#1 Replacement GC 55 Page 498 uFFE)l consider the Work substantially complete,the CONSULTANT shall notify the CONTRACTOR in writing giving the reasons therefor. If the CONSULTANT considers the Work to be substantially complete,the CONSULTANT shall prepare and deliver to the CITY for its execution and recordation,the Certificate of Substantial Completion,signed by the CONSULTANT and 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 construed as relieving the CONTRACTOR of the sole responsibility for the care and protection of the Work,or the restoration of any damaged 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 finished part of the Work,which has specifically been identified in the Contract Documents,or which the CITY, CONSULTANT,and CONTRACTOR agree constitutes a separately functioning and usable part of the Work that can be used 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 request 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 and 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 intended 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 and 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 immediately take such measures as necessary to remedy such deficiencies. 14.9 FINAL APPLICATION FOR PAYMENT: 14.9.1 After CONTRACTOR has completed in writing all such corrections to the satisfaction of CONSULTANT and delivered all maintenance and operating instructions,schedules,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 indicated in writing that the Work is acceptable and has been completed in conformance with the drawings and specifications and 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 approved 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,and using all of the care and judgment 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 and belief,to conform to the Contract Drawings,Specifications and any approved Change Orders that the CONTRACTOR's other obligations under the Boynton Beach Utilities—Sodium Hypochlorite Tank#1 Replacement GC 56 Page 499 uFFE)l 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 does not in any way relieve the CONTRACTOR from their responsibility to deliver a fully completed job in a good and workmanlike condition,and does not render the CONSULTANT or the CITY liable for any faulty Work done or defective materials or equipment used 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 have 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 findings 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 retained under the provisions of the Contract Documents,or as may be lawfully retained,including but not limited to,Liquidated Damages,as applicable. Title passes and 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 under 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 Florida 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 schedule 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 made 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 request for the Substantial Completion Walkthrough.At its option,CITY may conduct Substantial Completion Walkthrough with its Field Inspector and CONSULTANT. 14.12.2 CONTRACTOR shall endeavor to address and 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 scheduled 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 identifywhich items remain to be performed 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 resultof 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 later 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 request 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 identified non-conforming or corrective work for the CONTRACTOR to address.The intent of any such CITY generated 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 during performance of the Work. 14.12.9 CONTRACTOR acknowledges and agrees that in calculating 150%of the amountwhich 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 needed 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 based 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 reduction 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 defined as follows in lieu of any other definition: Boynton Beach Utilities—Sodium Hypochlorite Tank#1 Replacement GC 57 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 incorporated and 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 CONTRACTOR's mobilization,general conditions,supervision or like items which do not involve permanent incorporation of Work,do not apply to the determination of"Fifty Percent Completion"of the Work for purposes of establishing entitlement to a reduction of retainage. 14.13.2 With regard 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 and the CONTRACTOR or, if not defined 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 and 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 withhold 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 and 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 grounds,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 supplied 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 does not prohibit the CITY from withholding retainage at a rate less than ten(10%)percent of each progress payment,from incrementally reducing 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 does 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 Florida 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 do not apply to construction services purchased by the CITY which are paid for,in whole or in part, with federal funds and 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 under this section and not made 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 resumed. 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 provided 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 and the CONTRACTOR shall cease work immediately except for leaving the Work area in a safe and acceptable condition.A verbal Stop Work order 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 and shall be followed by a confirmation in writing. 15.2 CITY MAY TERMINATE FOR CAUSE: 15.2.1 Upon the occurrence of any one or more of the following events: Boynton Beach Utilities—Sodium Hypochlorite Tank#1 Replacement GC 58 15.2.1.1 If CONTRACTOR commences a voluntary case under any chapter of the Bankruptcy Code(Title 11,United States Code),as now or hereafter in effect,or if CONTRACTOR takes any equivalent or similar action by fling a petition or otherwise under 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 filed against CONTRACTOR under any chapter of the Bankruptcy Code(Title 11,United States Code)as now or hereafter in effect at the time of fling, or if a petition is filed 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 admits 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 skilled workers suitable materials or equipment or failure to adhere to the progress schedule established under Paragraph 2.6 as revised from time to time), 15.2.1.7 If CONTRACTOR disregards any federal,state or local laws and or regulations of any Local Public Agency regulations that apply. 15.2.1.8 If CONTRACTOR disregards 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 and finish the Work by whatever method it may deem expedient. In such cases,the CONTRACTOR shall only be entitled 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 and 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 liquidated damages attributable to delay and for excess completion costs. The liability of the CONTRACTOR and 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 period measured 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 and 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 consequential damages, loss of bonding capability,destruction of business,unabsorbed home office overhead,lost profit and 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 completed as of the Date of Termination, plus reasonable termination expenses. The CITY also shall reimburse the CONTRACTOR for all costs necessarily incurred for organizing and carrying out the stoppage of Work paid directly to the CONTRACTOR, not including 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 purchased 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,equipment,appliances,rental agreements, and 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. 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 do 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. 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 order 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 Boynton Beach Utilities—Sodium Hypochlorite Tank#1 Replacement GC 59 Page 449 -6 ;ZA41 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,and 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 due. 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 and without delay during disputes and 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 determination 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 evidence. 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-binding 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 and other communications required or permitted under this Contract shall be in writing and shall be(as elected bythe person giving such notice)hand delivered by messenger or courier service,or mailed by registered or certified mail(postage prepaid)return receipt requested,addressed to To CITY: User Department 3301 Quantum Boulevard,Suite 101 Boynton Beach,Florida 33426 WITH A COPY T0: Director of Financial Services Procurement Services 3301 Quantum Boulevard,Suite 101 Boynton Beach,Florida 33426 CONTRACTOR: Individual 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 referred to in the Contract Documents by days,it shall be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a federal or state legal holiday,such day shall be omitted from the computation. 17.3 NOTICE OF CLAIM: 17.3.1 Should CITY or CONTRACTOR suffer injury or damage to person or property because of any error,omission or act of the other party 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 construed 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 duties and obligations imposed 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 and 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 and remedies Boynton Beach Utilities-Sodium Hypochlorite Tank#1 Replacement GC 60 Page 44P -6 ;ZA41 available to the CITY and CONSULTANT thereunder,are in addition to and are not to be construed in anyway as a limitation of,any rights and remedies available to any or all duties and obligations which are otherwise imposed or available by federal,state and local laws or regulations,by special warranty or guarantee or by any other provisions of this paragraph shall be as effective as if repeated 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 made 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 additional safety and health measures as the Local Public Agency involved may determine to be reasonably necessary. Machinery,equipment and all hazards shall be guarded in accordance with the safety provisions of the"Manual of Accident 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 used whenever price and quality are equal. 17.7 EMPLOYEES: 17.7.1 All labor described in these specifications or indicated 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 employed 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 discharged 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, handicapped status, disabilities, or national origin. Such action shall include but not be limited to the following: employment, upgrading,demotion or transfer,recruitment advertising,layoff or termination,rates of pay or other form of compensation,and 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 and available for inspection by the CITY. 17.10 PUBLIC ENTITY CRIMES: 17.10.1 Pursuant to Florida Statutes§287.133,as amended,a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a Bid on a contract to provide any goods or services to a public entity,may not submit a Bid on a contract with a public entity for the construction or repair of a public building or public work,may not submit Bids on leases of real property to a public entity,may not be awarded 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 CATEGORY TWO or higher for a period 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 hereunder,or any part thereof,shall not be assigned or transferred by CONTRACTOR without written consent of the party sought to be bound. 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 and 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: Boynton Beach Utilities—Sodium Hypochlorite Tank#1 Replacement GC 61 17.13.2 The CITY during 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 needed for daily operations. CONTRACTOR may be presented these Purchasing cards by authorized CITY personnel for the above mentioned 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 debar a person/corporation/contractor for cause for consideration of award of future contacts. The debarment shall be for a period 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,seized,or embargoed,and/or has been determined 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 affected product as non-conforming shall not in anyway 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 determined to be misbranded,adulterated,or found to be unfit for human consumption. The form and content of such notice to the CITY shall include the name and description of the affected product,the approximate date the affected product was delivered 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,and any health hazards known to the CONTRACTOR which may be caused or created by the affected product. 17.17.2 The CONTRACTOR shall,at the option of the CITY's Procurement Services Division,either reimburse the purchase price or provide an equivalent 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 affected 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 Bid (except copyright material),shall become the property of the CITY of Boynton Beach. The CITY reserves the right to use,at its discretion,and in any manner it deems appropriate,any concept,idea,technique or suggestion contained therein. All copyright and industrial/commercial proprietary, confidential 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 returned 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 Bid. 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 Boynton Beach Utilities—Sodium Hypochlorite Tank#1 Replacement GC 62 circumstances other than those as to which it is held invalid or unenforceable,shall not be affected,and every other term provision of this Bid/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-funded 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 and 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 Referenced Standards:Any reference to published specifications or standards of any organization or association shall comply with the requirements of the specifications or standards which is current on the date of Advertisement of Bids. In case of a conflict between the referenced specifications or standards,the one having the more stringent requirement shall govern. 17.21.2 In case of conflict between the referenced specifications or standards and the Contract Documents,the Contract Documents shall govern. 17.21.3 ABBREVIATIONS: AA Aluminum Association AAA American Arbitration Association AABC Associated 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 Board Products 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 Associated General Contractors of America AGMA American Gear Manufacturer's Association AHA American Hardboard Association 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 (Now ANSI) 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 and Materials AWG American Wire Gauge Boynton Beach Utilities—Sodium Hypochlorite Tank#1 Replacement GC 63 Page 446 of :781 AWI Architectural Woodwork Institute AWPA American Wood Preserver's Association AWPB American Wood Preserver's Bureau AWS American Welding Society AWWA American Water Works Association BHMA Builders 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 Standard DHI Door and Hardware Institute DIPRA Ductile Iron Pipe Association DOT Spec Standard Specification for Road and Bridge Construction, Florida Department of Transportation E/A Engineer and/or Architect EDA Economic Development Association EEI Edison Electric Institute EPA Environmental Protection Agency FCI Fluid Control Institute FEC Florida East-Coast Railway FDER Florida Department of Environmental Regulation FDOT Florida Department of Transportation Fed Spec Federal Specification FPL Florida Power and Light FPS Feet Per Second FS Federal Standards GA Gypsum Association GPM Gallons Per Minute HMI Hoist Manufacturer's Institute HP Horsepower HSBII Hartford Steam Boiler Inspection and Insurance Co. ID Inside Diameter IEEE Institute of Electrical and Electronic Engineers IFI Industrial 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 Standards NCSA National Crushed Stone Association NCSPA National Corrugated Steel Pipe Association NEC National Electrical Code 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 Threads NSC National Safety Council NSF National Sanitation Foundation OD Outside Diameter OSHA U.S. Department of Labor, Occupational Safety and Health Administration PCA Portland Cement Association PCI Pre-stressed Concrete Institute PS United States Products Standards PSI Pounds per Square Inch PSIA Pounds per Square Inch Atmosphere Boynton Beach Utilities—Sodium Hypochlorite Tank#1 Replacement GC 64 Page 44:7 uFFE)l PSIG Pounds per Square Inch Gauge SAE Society of Automotive Engineers SDI Steel Decks Institute SFWMD South Florida Water Management District SIGMA Sealed Insulating Glass Manufacturer's Association SJI Steel Joists Institute SMACNA Sheet Metal and Air Conditioning Contractor's National Association SSI Scaffolding and Shoring Institute SSPC Steel Structures Painting Council SSPC Structural Steel Painting Council STA Station(100 feet) TAS Technical Aid Series TCA The Council America TDH Total Dynamic Head TH Total Head UBC Uniform Building Code UL Underwriter's Laboratories,Inc. USACE United States Army Corps of Engineers USASI United States of American Standards 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) 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 Freq 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-Conditioning Hz Hertz IC Intermediate Cross-Connect(replaced by"BD"or"FD" IEEE Institute of Electrical and Electronics Engineers IMC Intermediate metal conduit ISO International Organization for Standardization ISP Inside Cable Plant Boynton Beach Utilities—Sodium Hypochlorite Tank#1 Replacement GC 65 Page 448 uFFE)l LFMC Liquidtight flexible metal conduit LFNC Liquidtight flexible non-metallic conduit Mbps Megabits per second MC Main Cross-Connect (replaced by campus distributor "CD") MDF Main Distributor Frame(replaced by"CD"or"BD") MER Main Equipment Room MH Maintenance Hole MHz Megahertz NBR Acrylonitrile-butadiene rubber NEC National Electric Safety Code,C2-1997 NFPA National Fire Protection Association NDPES National Pollutant Discharge Elimination Systems NR Network Room OSHA Occupational Safety and Health Administration OCP Outside Cable Plant OTDR Optical Time Domain Reflectometer PR Pair RCDD® Registered Communications Distribution Designer RFI Radio Frequency Interference RH Relative Humidity RNC Rigid nonmetallic conduit SM Single Mode TBB Telecommunication Bonding Backbone TBBIBC Telecommunication Bonding Backbone Interconnecting Bonding Conductor(replaced by ground equalizer"GE") TE Telephone Equipment(Wall Mounted Equipment Rack) TGB Telecommunications Grounding Buss Bar TIA Telecommunications Industry Association TMGB Telecommunications Main Grounding Buss Bar TR Telecommunications Room(being replaced with"ER") UL Underwriters Laboratory UPS Uninterruptible Power Supply WAO Work Area Outlet 17.21.5 UNITS OF MEASURE Weights and Measures shall be identified 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—Sodium Hypochlorite Tank#1 Replacement GC 66 SPECIAL CONDITIONS SODIUM HYPOCHLORITE TANK #1 REPLA CEMEN T BID #006-2821-19/TP �11P i v h 1; $ e al i i W r s Boynton Beach Utilities—Sodium Hypochlorite Tank#1 Replacement 67 0 SPECIAL CONDITIONS - TABLE OF CONTENTS PROJECT NAME: SODIUM HYPOCHLORITE TANK #1 REPLACEMENT SC01000 General Requirements SCO1010 Summary of Project SCO1025 Measurement and Payment SCO1340 Shop Drawings,Work Drawings, and Samples SC01705 Record Drawings Requirements SCO1720 Project Record Documents SC01740 Warranties and Bonds END OF SECTION Boynton Beach Utilities—Sodium Hypochlorite Tank#1 Replacement 68 0 SECTION 01000-GENERAL REQUIREMENTS PART 1 -GENERAL A. The Technical Specifications consist of three (3) parts: General, Products and 1.01 DESCRIPTION Execution. The General part of a Specification contains General A. Scope of Work: The work to be done Requirements which govern the work. consists of the furnishing of all labor, Products and Execution Parts modify and materials and equipment, and the supplement the General Requirements performance of all work included in this by detailed requirements for the work and Contract. The summary of the Work is shall always govern whenever there presented in Section SC01010: appears to be a conflict. Summary of Project. B. I me nt: B. Work Included: 1. Work not specified in the Specifications, 1. The Contractor shall furnish all but involved in carrying out their intent or labor, superintendence, materials, in the complete and proper execution of plant power, light, heat, fuel,water, the work, is required and shall be tools, appliances, equipment, performed by the Contractor as though it supplies,and means of construction were specifically delineated or described. necessary for proper performance and completion of the work. The 2. The silence of the Specifications as to Contractor shall perform and any detail, or the omission from them of complete the work in the manner a detailed description concerning any best calculated to promote rapid work to be done and materials to be construction consistent with safety furnished, shall be regarded as meaning of life and property and to the that only the best general practice is to satisfaction of the Consultant, and prevail and that only material and in strict accordance with the workmanship of the best quality is to be Contract Documents. The used, the interpretation of these Contractor shall clean up the work Specifications shall be made upon that and maintain it during and after basis. construction, until accepted, and shall do all work and pay all costs 1.03 MATERIALS AND EQUIPMENT incidental thereto. The CONTRACTOR shall repair or A. Manufacturer: restore all structures and property that may be damaged or disturbed 1. All transactions with the manufacturers or during performance of the work. subcontractors shall be through the Contractor. 2. The cost of incidental work described in these Contract 2. Any two(2)or more pieces of material or Requirements, for which there are equipment of the same kind, type or no specific Contract Items, shall be classification, and being used for considered as part of the general identical types of service, shall be made cost of doing the work and shall be by the same manufacturer. included in the prices for the various Contract Items. No additional B. Delivery: payment will be made aforementioned incidental work. 1. The Contractor shall deliver materials in ample quantities to insure the most 3. The Contractor shall provide and speedy and uninterrupted progress of the maintain such modern plant, tools, work so as to complete the work within and equipment as may be necessary, the allotted time. in the opinion of the Consultant, to perform in a satisfactory and 2. The Contractor shall also coordinate acceptable manner all the work deliveries in order to avoid delay in, or required by this Contract. Only impediment of, the progress of the work equipment of established reputation of any related Contractor. and proven efficiency shall be used. The Contractor shall be solely 1.04 INSPECTION AND TESTING responsible for the adequacy of its workmanship, materials, and A. General: equipment. 1. For tests specified to be made by the 1.02 CONTRACT DOCUMENTS Contractor, the testing personnel shall make the necessary inspections Boynton Beach Utilities—Sodium Hypochlorite Tank#1 Replacement SC01000-69 GENERAL REQUIREMENTS 0 and tests and the reports thereof 1. As soon as conditions permit, the shall be in such form as will facilitate Contractor shall furnish all labor, checking to determine compliance materials, and instruments and shall with the Contract Documents. Five make start-up tests of equipment. (5) copies of the reports shall be submitted and authoritative 2. If the start-up tests disclose any certification thereof must be equipment furnished under this furnished to the Consultant as a Contract which does not comply with prerequisite for the acceptance of the requirements of the Contract any material or equipment. Documents, the Contractor shall, prior to demonstration tests,make all 2. If, in the making of any test of any changes, adjustments and material or equipment, it is replacements required. The ascertained by the Consultant that furnishing Contractor shall assist in the material or equipment does not the start-up tests as applicable. comply with the Contract Documents, the Contractor will be notified thereof and he will be directed to refrain from 1.05 CARE AND PROTECTION OF PROPERTY delivering said material or equipment, or to remove it promptly The Contractor shall be responsible for the from the site or from the work and preservation of all public and private replace it with acceptable material, property, and shall use every precaution without cost to the CITY. necessary to prevent damage thereto. If any direct or indirect damage is done to 3. Tests of electrical and mechanical public or private property by or on account equipment and appliances shall be of any act, omission, neglect, or conducted in accordance with the misconduct in the execution of the work on recognized federal, state and local the part of the Contractor, such property law test codes and manufacturer shall be restored by the contractor, at his recommendation. expense,to a condition similar or equal to that existing before the damage was done, B. Costs: or he shall make good the damage in other manner acceptable to the Consultant. 1. All inspection and testing of materials furnished under this Contract will be 1.06 MEASUREMENT AND PAYMENT provided by the Contractor, unless otherwise expressly specified. Payments will be made on completion of each phase of the Work and acceptance by the CITY 2. Materials and equipment submitted by the shall be made pursuant to this Contract. Contractor as the equivalent to those specifically named in the Contract may be 1.07 WORKING HOURS: tested by the CITY for compliance. The Contractor shall reimburse the CITY for 1. Working on this Contract shall be the expenditures incurred in making such conducted during normal working hours tests of materials and equipment which (7:00 AM to 5:00 PM) on weekdays. are rejected for non-compliance. Unless otherwise authorized in writing by the Project Manager, no work shall be C. Certificate of Manufacture: performed on weekends,on City observed holidays or between 5:00 PM and 7:00 AM 1. Contractor shall furnish Consultant on weekdays. authoritative evidence in the form of Certificate of Manufacture that the 2. Construction observation and/or inspection materials to be used in the work have been services needed beyond normal working manufactured and tested in conformity hours as defined above,shall be paid for by with the Contract Documents upon Project the Contractor at an hourly rate of$100.00 completion. for each inspector providing such services. 2. These certificates shall be notarized and shall include copies of the results of physical tests and chemical analyses, PART 2- PRODUCTS(NOT USED) where necessary, that have been made directly on the product or on similar PART 3- EXECUTION(NOT USED) products of the manufacturer. D. Start up Tests END OF SECTION Boynton Beach Utilities—Sodium Hypochlorite Tank#1 Replacement SC01000-70 GENERAL REQUIREMENTS 0 SECTION 01010-SUMMARY OF PROJECT PART 1 -GENERAL Section SC01025: Measurement and Payment Procedures. 1.01 WORK COVERED BY CONTRACT DOCUMENTS/REQUIREMENTS INCLUDED 1.04 CONTRACTOR'S USE OF SITE/PREMISES A. The work under this project consists of: The A. Contractor shall limit their use of the premises CITY of Boynton Beach Utilities is seeking the for Work and storage,to the areas designated. services of a licensed, qualified contractor to replace an existing Sodium Hypochlorite Tank B. Coordinate use of premise under direction of with an in-kind replacement tank at the East CITY and/or Consultant. Water Treatment Plant. The existing tank has a capacity of 21,846 gallons and was supplied C. Assume full responsibility for the protection by Plas-Tanks Industries, Inc. in accordance and safekeeping of Products under this with the attached manufacturer's cut Contract,stored on the site. sheet. The new tank shall meet a wind load of at 140 mph. The work includes the hauling D. Move any stored Products,under Contractor's and disposal of the existing tank; furnishing control, which interfere with operations of the and installation of the new tank,hardware,and CITY,other contractors or the general public. appurtenances; reconnection of all piping according to the existing installation and 1.05 SAFETY AND OSHA COMPLIANCE manufacturer's cut sheet; and all other work and appurtenances for a completeA. A. The Contractor shall comply in all respects installation. The contractor shall provide as- with all Federal, State and Local safety and built drawings for the new tank in AutoCAD health regulations. Copies of the Federal (version 2017 or later)and PDF formats. regulations may be obtained from the U.S. Department of Labor, Occupation Safety and B. Omission of a specific item or component of a Health Administration (OSHA), Washington, system obviously necessary for the proper DC 20210 or their regional offices. functioning of the equipment or system shall not relieve the Contractor of the responsibilityB. B. The Contractor shall comply in all respects of furnishing the item as part of the work at no with the applicable Workman's Compensation additional expense to the Owner. Laws. C. Except as specifically noted elsewhere, PART 2—PRODUCTS Contractor(s) shall provide and pay for all labor, materials, equipment, tools, 2.1 All materials are to be MADE IN THE UNITED construction equipment and machinery, STATES OF AMERICA. Allowable exceptions are transportation, water, heat, utilities, and ductile iron fittings supplied by American Cast Iron temporary facilities necessary for the proper Pipe Company from Brazil, Sigma Corporation from execution and completion of work. China, and Star-Pipe Products from the United States and China; and Electronic Marking System D. Concurrent with the installation of the water (EMS)full-range makers by 3M from Mexico. main or drainage improvements and when shown on the project construction drawings, 2.2 SALVAGED MATERIALS the work includes re-grading, driveway apron reconstruction and all surface restoration. In the absence of special provisions to the Contract, E. Restoration shall immediately follow the salvaged materials, equipment or supplies that acceptance of required system testing and be occur are the property of the CITY and shall be performed as required by Section 02960 cleaned, stored and delivered to the CITY as RESTORATION OF SURFACE directed by the CITY's Project Manager. IMPROVEMENTS. 2.3 CERTIFIED CHEMICALS 1.02 RELATED REQUIREMENTS The Contractor shall use U.S. Department of A. Section SC01025: Measurement and Agriculture certified chemicals only during Payment performance of all work under this contract. All chemicals used during project construction or B. Construction Facilities and Temporary furnished for project whether herbicide, pesticide, Controls: Section SC01500 disinfectant, polymer, reactant or other classification, must show approval of either EPA or C. Restoration of Surface Improvements:Section USDA and be accompanied by an MSDS.Use of all SCO2960 such chemicals and disposal of residue shall be in strict conformance with manufacturer's instructions. 1.03 CONTRACTS PART 3—EXECUTION A. Construct the Work in accordance with 3.1 CONTRACTOR SUPERVISION 71 Boynton Beach Utilities—Sodium Hypochlorite Tank#1 Replacement SC01010-71 SUMMARY OF ROJECT 0 A. Prior to the commencement of work, the A. As required by the Contract Documents, the Contractor must obtain the permit coverage Contractor's Project Representative for stormwater discharge from large and small (Superintendent) shall be on site at all times construction activities and must implement and actively engaged in controlling and appropriate pollution prevention techniques coordinating all on site project activities and SWPPP to minimize erosion and including direction and oversight of self- sedimentation to properly manage the performed and subcontractor work activities. stormwater runoff. The Contractor shall prepare a NPDES Site Plan including B. The Superintendent/Contractor's Project sketches and Best Management Practice Representative shall have the full authority to procedures for review and comment from the receive instructions to execute the orders or Project Manager. The NPDES Site Plan shall directions of the CITY and Consultant. include the control of stormwater, ground water and subsurface water during dewatering 3.2 GENERAL operations. A. The Contractor shall, prior to entering any (DEP adopted Rule 62-621.300 (4), section, prepare Pre Construction video and F.A.C., with specific provisions for digital photographs, in accordance with requesting permit coverage for the Section 01390 VIDEO SITE SURVEY,of each management of stormwater discharge property and Right-of-Way (ROW) areas to from large and small construction determine existing site conditions. Together activities.) the video and photographs will provide the basis for the condition of restoration required B. The permit coverage for construction activities in Section 02960 RESTORATION OF is to be obtained by submitting DEP form 62- SURFACE IMPROVEMENTS. 621.300 (4) (b) Notice of Intent (NOI)to Use Generic Permit for Stormwater Discharge from B. The Contractor shall notify all property owners Large and Small Construction Activities and / residents forty-eight (48) hours prior to by preparing and implementing a Stormwater working in public Rights-of-Way or easements Pollution Prevention Plan (SWPPP). After affecting or adjoining their properties. construction is complete, Notice of Notification shall be by hand-delivered flyer Termination (NOT) to discontinue the permit that shall contain the following information: coverage is to be submitted by utilizing form 62-621.300(6). 1. Project Name 2. Date of Commencement C. For additional information contact NPDES 3. Description of Work Stormwater Section at: 4. Name of Contractor 5. Name of Contractor's Representative Florida Department of Environmental 6. Local Phone Number of Contractor's Protection Tallahassee, FL 32399-2400 Representative (850)921-9904 The CITY must approve the Contractor's 3.4 PROTECTION OR REMOVAL OF UTILITY LINES notification prior to issuance. Contractor must submit Contractor's Notification to CITY and A. Prior to construction the Contractor shall CONSULTANT in writing within one (1)week locate for physical location, elevation and prior to working in public Right-Of-Ways dimensions and adequately uncover existing (ROW) or easements affecting for adjoining utilities, (within the path of its proposed work), property owner's property. to determine possible conflicts. By starting underground constructions, the Contractor C. The Contractor shall,prior to the removal has agreed that it is fully responsible for any of any fences,erect temporary fences to and all damages and/or delays that may arise secure the owner's property. These from not having adequately locating the temporary fences shall be of 4' high underground utilities. This applies to woven wire (2" x 4" grid), on the T line underground utilities that are shown on the post 10' on centers. These fences shall project construction drawings and those that run along the easement line and will have been physically marked in the field by the remain in place until the permanent fence various locating organizations or agencies. is re-erected. B. Information provided on the plans may be D. The Contractor shall not start major used as an approximate guide to assist the construction activities, such as pipeline Contractor, however,the Contractor shall rely and structure excavations,or preparation on actual field investigation to assure that all for major activities, such as setting of the existing utilities are accurately located wellpoints and header pipe, just prior to prior to commencement of its work. extended holiday periods such as the typical week taken off at the end of each C. Existing structures reflect the best available year. information, but it shall be the Contractor's responsibility to acquaint itself with all 3.3 NPDES COMPLIANCE information and to avoid conflict with existing conditions.Contractor shall protect all existing Boynton Beach Utilities—Sodium Hypochlorite Tank#1 Replacement SC01010-72 SUMMARY OF ROJECT 0 utility lines that are to be retained,or utility line shall be incorporated into the project As-Builts constructed during excavation operations, with vertical and horizontal coordinates. from damage during excavation and backfilling; if damaged, repair at Contractor's F. Prior to commencement of any excavation,the expense. Contractor shall comply with Florida Statute 553.851 for the protection of underground gas D. Existing Utility Lines to be Retained: lines and underground telecommunication Contractor shall repair damaged lines that are lines. not shown on drawings, or locations of which are not known to Contractor in sufficient time to avoid further damage. END OF SECTION E. Uncharted or incorrectly charted underground utilities that are discovered during construction Boynton Beach Utilities—Sodium Hypochlorite Tank#1 Replacement SC01010-73 SUMMARY OF ROJECT 0 SECTION 01025-MEASUREMENT AND PAYMENT PROCEDURES PART 1 GENERAL and Bridge Construction, latest Edition, or the individual specification sections 1.01 GENERAL complement the criteria of this section. In the event of conflict, the Contractor shall The Contractor shall receive and accept the notify the CITY in writing. In determining compensation provided in the Bid and the the resolution,the CITY shall consider the Contract as full payment for furnishing all requirement of the individual specification materials, labor, tools and equipment, for section, FDOT requirements and this performing all operations necessary to Section. complete the work under the Contract, and also in full payment for all loss or damages B. Any requirements of the Contract arising from the nature of the work, or from Documents, i.e., technical specifications any discrepancy between the actual quantities or project construction drawings for which of work and quantities herein estimated by the the method of payment is not explicitly CONSULTANT, or from the action of the defined are considered to be incidental elements or from any unforeseen difficulties costs and should be included in other pay which may be encountered during the items as appropriate. prosecution of the work until the final acceptance by the CITY. 1.04 RELATED SECTIONS: The prices stated in the Bid include all costs A. Applications for Payments: Section and expenses for taxes, labor, equipment, SCO1027 materials, commissions, transportation charges and expenses, patent fees and B. Shop Drawings, Working Drawings, and royalties, labor for handling materials during Samples—Section SC01340 inspection, together with any and all other costs and expenses for performing and C. Schedule of Values: Section SCO1370 completing the work as shown on the Drawings and specified herein. The basis of D. Change Order Procedures: Section payment for an item at the unit price shown in SC01153 the proposal shall be in accordance with the description of that item in this Section. E. Field Engineering: Section SCO1050 The Contractor's attention is again called to F. Quality Requirements: Section SCO1400 the fact that the quotations for the various items of work are intended to establish a total price for completing the work in its entirety. G. Record Drawing Requirements—Section Should the Contractor feel that the cost for SCO1705 any item of work has not been established by the Bid Form or Payment Items, he shall H. Testing Specific Utility Systems include the cost for that work in some other applicable bid item,so that his proposal for the 1. Refer to Section 02513 POTABLE project does reflect his total price for WATER AND RECLAIMED WATER completing the work in its entirety. DISTRIBUTION SYSTEMS and Section 02630 STORM DRAINAGE 1.02 MEASUREMENT for applicable and specific requirements. Contractor is A. The quantities for payment under this responsible for all testing costs Contract shall be determined by actual associated with these systems. measurement of the completed items, in place, ready for service and accepted by 1.05 ALLOWANCES—N/A the CITY, in accordance with the applicable method of measurement therefore contained herein. 1.03 AUTHORITY A. Measurement methods delineated in the 1.06 SCHEDULE OF VALUES FDOT Standard Specifications for Road Boynton Beach Utilities—Sodium Hypochlorite Tank#1 Replacement SC01025-74 MEASUREMENT AND PAYMENT PROCEDURES 0 A. Submit Schedule of Values at the Pre- are paid for once the item is installed, Construction Meeting. measured in place, completed and accepted. B. The Schedule of Values shall be a computer generated original. When the J. Include one (1) set of progress Contractor's proposed Schedule of photographs with each Application for Values is accepted by the CITY, it shall Payment. Refer to the Contract become the basis for the Application for Documents, specifically Section Payment. SCO1380 CONSTRUCTION PHOTOGRAPHS for specific details and C. Contractor shall only revise the accepted requirements. Schedule of Values to identify, as separate line items approved on a Field K. Application for Final Payment must be Order or Change Order. The CITY may marked FINAL. Contractor must include issue a Field Order substituting or in the FINAL AFP package, proof of modifying Schedule of Value items. payment and final settlement with the CITY with regards to any temporary 1.07 APPLICATIONS FOR PAYMENT and/or construction water meters used during the course of the project. A, Refer to Section SCO1027 — APPLICATIONS FOR PAYMENT L. When existing Right-Of-Way (ROW) irrigation must be disturbed due to B, Submit one (1) original Applications for pipeline installation, any existing Payment (AFP) for review, authorization irrigation lines shall be marked on the and processing. Contractors drawings prior to or at the time of temporary cutting-&-capping. The I. Content and Format: Utilize Schedule of replacement of existing irrigation in the Values for listing items in Application for Public Right-Of-Way as the result of Payment outlining the following: pipeline installation or swale development is NOT a pay item. Provide a column for each of the following: Replacement of existing ROW irrigation shall be incidental to the Unit Price of the a. Item Number pipeline. b. Item Description 1.08 MEASUREMENT OF AND PAYMENT FOR c. Quantity WORK d. Unit of measurement A. Monthly Payments to the Contractor. The Contractor shall plan its work for e. Scheduled Value construction on the basis of twelve (12) monthly pay periods per year. So long as f. Change Orders the work is prosecuted in compliance with the provisions of the Contract, the g. Work Completed: Contractor will, on or about the last day of 1. Previous Period the pay period, make an approximate (Quantity and Value) estimate,in writing on a form approved by 2. This Period the CITY of the proportionate value of the (Quantity and Value) work done, items, and locations of the work performed up to and including the h. To Date(Quantity and Value) last day of the period then ending. The CONSULTANT will then review such i. Percentage of Completion estimate and make the necessary recommendations to the Contractor for j. Balance to Finish revision. The Contractor shall revise the Application for Payment and resubmit to k.. Retainage the CONSULTANT for review and Certification. Redlined Applications for NOTE: There is no column for Payment will not be accepted by the "Materials Stored", the CITY does CITY. If the Contractor and the not pay for items ordered and/or CONSULTANT do not agree on the stored on site. As defined later in approximate estimate of the this Section, payment for pay items proportionate value of the work done for Boynton Beach Utilities—Sodium Hypochlorite Tank#1 Replacement SC01025-75 MEASUREMENT AND PAYMENT PROCEDURES 0 any pay period, the determination of the D. Payment Includes: Full compensation for CONSULTANT shall be binding. The required labor, products, tools, amount of such estimate after deducting equipment, facilities, transportation, ten percent (10%) and all previous services and incidentals; erection; payments, shall be due and payable to application or installation of an item of the the Contractor in accordance with the Work; and overhead and profit. Florida Prompt Payment Act, §218.70 Florida Statutes, as may be amended E. Final payment for Work governed by unit from time to time. prices will be made on the basis of the actual measurements and quantities B. Substantiating Data: When the accepted by the CONSULTANT and CONSULTANT requires substantiating CITY, multiplied by the unit sum/price for information, Contractor shall submit data Work, which is incorporated in or made justifying quantities and dollar amounts in necessary by the Work. question. Contractor shall provide three (3) copies of data with cover letter for 1.10 Measurement of Quantities: each copy of submittal showing application number and date, and line A. Weigh Scales: Inspected, tested and item by number and description. certified by the applicable State of Florida Weights and Measures department 1.09 MEASUREMENT AND PAYMENT - UNIT within the past year. PRICES B. Platform Scales: Of sufficient size and A. Measurement methods delineated in capacity to accommodate the conveying individual specification sections vehicle. complement criteria of this section. In event of conflict, requirements of C. Metering Devices: Inspected, tested and individual specification section govern. certified by the applicable State of Florida Weights and Measures Department B. Contractor shall take daily and weekly within the past year. measurements and compute quantities. The Contractor shall review and sign D. Measurement by Weight: Concrete these daily and weekly measurements reinforcing steel rolled or formed steel or with the CONSULTANT. The other metal shapes will be measured by CONSULTANT shall also sign-off on the handbook weights. Welded assemblies weekly measurement sheets indicating will be measured by handbook or scale the CONSULTANT's progressive weight. concurrence with the quantities. The Contractor shall transmit the signed-off E. Measurement by Volume: Measured by weekly measurement sheets to the cubic dimension using mean length, CONSULTANT. These measurement width and height or thickness. sheets shall be used to form the basis of the quantities claimed on the Application F. Measurement by Area: Measured by For Payment. square dimension using mean length and width or radius. C. Unit Quantities G. Linear Measurement: Measured by linear 1. Quantities indicated in the Schedule dimension, at the item centerline. Minor of Bid Items are for bidding and offsets (less than a total of five (5) feet) contract purposes only. Quantities will not be measured for payment. and measurements supplied or Measurement shall be along the placed in the Work and verified by horizontal axis at finished grade. the Consultant and CITY determine payment. H. Stipulated Sum/Price Measurement: Items measured by weight,volume, area, 2. If the actual Work requires more or or linear means or combination, as fewer quantities than those appropriate, as a completed and quantities indicated in the bid items, accepted item or unit of the Work. Contractor shall provide the required quantities at the unit sum/prices I. Payment for Work does not indicate contracted. acceptance. Work items previously paid for may require additional work effort to bring them into compliance with the requirements of the specific technical Boynton Beach Utilities—Sodium Hypochlorite Tank#1 Replacement SC01025-76 MEASUREMENT AND PAYMENT PROCEDURES 0 specifications and/or project drawings. Work Site 1.11 UNIT OF MEASURE — SCHEDULE OF BID Removal and Disposal of existing Sodium PRICES Hypochlorite Tank—Bid Item 4 Payment for furnishing and installing those items cited in the Schedule of Bid Items 3. Tank Removal shall include and subsequent Schedule of Values is all work necessary to remove noted herein. If"remove and replace" is the existing sodium indicated on the project construction hypochlorite tank #1 drawings (by either annotation or line including, but not necessarily weight), then the item descriptions below limited to: removal of all include the removal and proper disposal valves fittings and all of the existing items. appurtenances; equipment or machinery use for the General removal of the tank; clean- up, and hauling of the tank to Bonds&Insurance—Bid Item 1 a disposal location approved by the City. 1. Payment for the General Conditions shall be made on the basis of 4. Payment shall be at the percentage of the Lump Sum Price and Contract lump sum price per shall be full compensation for removal and acceptance by preparatory work and operations in City. mobilizing and demobilizing for the project including but not limited to,those Furnish and Install Sodium Hypochlorite operations necessary for the movement Tank—Bid Item 5 of personnel, equipment, supplies and incidentals to and from the project site, 5. Contractor shall furnish a Sodium for establishment of temporary Hypochlorite Tank with capacity of offices/field trailer, buildings, safety 21,846 gals, wind load of 140mph and equipment, sanitary and other facilities other specifications as shown in the and compliance with permit conditions drawings to match existing tank. for permits secured by either the Owner Shipping and handling included. or Contractor. This pay item shall include all General Requirements not 6. Payment for installing new Sodium listed as separate items. The cost of Hypochlorite Tank, not limited to the bonds, required insurance, permits and installation of the valves, transmitters, any other pre-construction expense sunshade, and all other appurtenances necessary for the start of the work shall as detailed in drawings. also be included in the General Conditions. 7. This lump sum price shall also include Indemnification—Bid Item 2 all necessary labor, materials, and equipment for the installation of the 1. Consideration for Indemnification — tank, payment to be issued upon Payment under this item is in acceptance of the City. accordance with the Front-End Contract Documents. Testing and Operation and Maintenance Training—Bid Item 6 As-Built Record Drawings—Bid Item 3 1. The lump sum price for this item 2. Payment for Record Drawings shall be includes leak and operation testing of made at the Contract Lump Sum Price the newly installed tank, training and and shall be full compensation for manuals detailing the operation and preparation and maintenance of the maintenance of the tank. Record Drawings as specified in technical specification SCO1705 RECORD DRAWINGS and the requirements of this Special Conditions. 2. Payment issued as a lump sum upon acceptance of the City. Boynton Beach Utilities—Sodium Hypochlorite Tank#1 Replacement SC01025-77 MEASUREMENT AND PAYMENT PROCEDURES PART 2 PRODUCTS(NOT USED) PART 3 EXECUTION (NOT USED) END OF SECTION Boynton Beach Utilities—Sodium Hypochlorite Tank#1 Replacement SC01025-78 MEASUREMENT AND PAYMENT PROCEDURES 0 SECTION 01340 -SHOP DRAWINGS,WORKING DRAWINGS,AND SAMPLES PART 1 -GENERAL g. Projected date of fabrication. 1.01 DESCRIPTION h. Projected date of delivery to site. A. Scope of Work: i. Status of O&M manuals 1. The Contractor shall submit to the submittal. CONSULTANT for review and approval, such Shop Drawings, j. Specification Section. Test Reports and Product Data on materials and equipment k. Drawings Sheet Number. (hereinafter in this Section called Data), and material samples B. Related Requirements Described (hereinafter in this Section called Elsewhere: Samples) as are required for the proper control of work,including but 1. General Conditions: not limited to those Shop Drawings, Data and Samples for materials and 2. Progress Schedules: Section equipment specified elsewhere in SC01310. the Specifications and in the Contract Drawings. 3. Material and Equipment: Section SC01600. 2. With the Contractor's executed agreement and Bond Submittal,the 4. Project Record Documents:Section Contractor shall submit to the SC01720. CONSULTANT a complete list of preliminary Data on items for which 5. Operating and Maintenance Data: Shop Drawings are to be submitted. Section SC01730. Included in this list shall be the names of all proposed 1.02 CONTRACTOR'S RESPONSIBILITY manufacturers furnishing specified items. Review of this list by the A. The Contractor shall furnish the CONSULTANT shall in no way CONSULTANT a schedule of Shop expressed or implied relieve the Drawings submittals fixing the respective Contractor from submitting dates for the submission of Shop complete Shop Drawings and Drawings,the beginning of manufacture, providing materials, equipment, testing and installation of materials, etc., fully in accordance with the supplies and equipment. This schedule Specifications. This procedure is shall indicate those that are critical to the required in order to expedite final progress schedule. review of Shop Drawings. The Contractor shall include Shop B. The Contractor shall not begin any of the Drawing review time on the Project work covered by a Shop Drawing, Data, schedule(see section SC01310). or a Sample returned for correction until a revision or correction thereof has been 3. The Contractor is to maintain an reviewed and returned to him, by the accurate updated submittal log and CONSULTANT,with approval. will bring this log to each scheduled progress meeting with the City and C. The Contractor shall submit to the the CONSULTANT. This log should CONSULTANT all drawings and include the following items: schedules sufficiently in advance of construction requirements to provide no a. Submittal-Description and less than twenty-one (21)calendar days Number assigned. for checking and appropriate action from the time the Consultant receives them. b. Date to CONSULTANT. D. All submittals shall be accompanied with C. Date returned to Contractor. a transmittal letter prepared in duplicate containing the following information: d. Status of Submittal (Approved as Noted, Rejected/Re- 1. Date. submit). 2. Project Title and Number. e. Date of Resubmittal and Return(as applicable). 3. Contractor's name and address. f. Date material release for 4. The number of each Shop fabrication. Drawings, Project Data, and Sample submitted. Boynton Beach Utilities—Sodium Hypochlorite Tank#1 Replacement SC01340-79 SHOP DRAWINGS,WORKING DRAWINGS,AND SAMPLES 0 information in the Contract Documents 5. Notification of Deviations from and are compatible with the design Contract Documents. concept. The CONSULTANT's review and exceptions, if any,will not constitute a. The Contractor shall indicate an approval of dimensions, connections, in bold type at the top of the quantities, and details of the material, cover sheet of submittal of equipment,device,or item shown. Shop Drawing if there is a deviation from Contract B. The review of drawings and schedules Drawings, Project will be general, and shall not be Specifications and referenced construed: specifications or codes. 1. As permitting any departure from b. The Contractor shall also list the Contract requirements. any deviations from Contract Drawings, Project 2. As relieving the Contractor of Specifications and referenced responsibility for any errors, specifications or codes and including details, dimensions, and identify in "green" ink materials. prominently on the drawings. 3. As approving departures from 6. Submittal Log Number conforming details furnished by the Consultant, to Specification Log Number. except as otherwise provided herein. E. The Contractor shall submit SHOP DRAWINGS electronically to the C. If the drawings or schedules as submitted CONSULTANT through eBuilder. The describe variations and show a departure CONSULTANT will review the submittal from the Contract requirements which the and return to the Contractor with CONSULTANT finds to be in the interest appropriate review comments. of the City and to be so minor as not to involve a change in Contract Price or F. The Contractor shall be responsible for time for performance,the CONSULTANT and bear all costs of damages which may may return the reviewed drawings result from the ordering of any material or without noting an exception. from proceeding with any part of work prior to the completion of the review by D. "Approved As Noted" - Contractor shall the CONSULTANT of the necessary incorporate CONSULTANT's comments Shop Drawings. into the submittal before release to manufacturer. The Contractor shall send G. The Contractor shall not use Shop a letter to the CONSULTANT Drawings as means of proposing acknowledging the comments and their alternate items to demonstrate incorporation into the Shop Drawing. compliance to Contract requirements. E. "Amend And Resubmit"-Contractor shall H. Each submittal will bear a stamp resubmit the Shop Drawing to the indicating that Contractor has satisfied CONSULTANT. The resubmittal shall Contractor's obligations under the incorporate the CONSULTANT's Contract Documents with respect to comments highlighted on the Shop Contractors review and approval of that Drawing. submittal. F. "Rejected" - Contractor shall resubmit I. Drawings and schedules shall be Shop Drawing for review by Consultant. checked and coordinated with the work of all trades and sub-contractors involved, G. Resubmittals will be handled in the same before they are submitted for review by manner as first submittals. On the CONSULTANT and shall bear the resubmittals the Contractor shall direct Contractor's stamp of approval as specific attention, in writing or on evidence of such checking and resubmitted Shop Drawings,to revisions coordination. Drawings or schedules other than the corrections requested by submitted without this stamp of approval the CONSULTANT on previous shall be returned to the Contractor for submissions. The Contractor shall make resubmission. any corrections required by the CONSULTANT. 1.03 CONSULTANT'S REVIEW OF SHOP DRAWINGS H. If the Contractor considers any correction indicated on the drawings to constitute a A. The CONSULTANT's review of Shop change to the Contract Drawings or Drawings, Data and Samples as Specifications, the Contractor shall give submitted by the Contractor, will be to written notice thereof to the determine if the items(s) conform to the CONSULTANT. Boynton Beach Utilities—Sodium Hypochlorite Tank#1 Replacement SC01340-80 SHOP DRAWINGS,WORKING DRAWINGS,AND SAMPLES 0 I. When the Shop Drawings have been C. Each Shop Drawing shall have a blank completed to the satisfaction of the area 3-1/2 inches by 3-1/2 inches, CONSULTANT, the Contractor shall located adjacent to the title block. The carry out the construction in accordance title block shall display the following: therewith and shall make no further changes therein except upon written 1. Project Title and Number. instructions from the CONSULTANT. 2. Name of Project building or J. No partial submittals will be reviewed. structure. Submittals not deemed complete will be stamped "Rejected" and returned to the 3. Number and title of the Shop Contractor for resubmittal. Unless Drawing. otherwise specifically permitted by the CONSULTANT, make all submittals in 4. Date of Shop Drawing or revision. groups containing all associated items for: 5. Name of Contractor and subcontractor submitting drawing. 1. Systems. 6. Supplier/manufacturer. 2. Processes. 7. Separate detailer when pertinent. 3. As indicated in specific Specifications Sections. 8. Specification title and number. K. All drawings,schematics,manufacturer's 9. Specification section. product Data, certifications and other Shop Drawing submittals required by a 10. Application Contract Drawing system specification shall be submitted Number. at one time as a package to facilitate interface checking. D. Data on materials and equipment include, without limitation, materials and L. Only the CONSULTANT shall utilize the equipment lists, catalog data sheets, color "red" in marking Shop Drawing cuts, performance curves, diagrams, submittals. materials of construction and similar descriptive material. Materials and M. For any submittal returned to the equipment lists shall give, for each item Contractor marked "Amend and Submit" thereon, the name and location of the or"Rejected," Contractor shall pay CITY supplier or manufacturer, trade name, a resubmittal fee of $250.00. Monies catalog reference, size, finish and all shall be deducted from monies owed other pertinent Data. Contractor by CITY monthly and incorporated into a Change Order at 1.05 WORKING DRAWINGS completion of the contract. A. When used in the Contract Documents, 1.04 SHOP DRAWINGS the term "Working Drawings" shall be considered to mean the Contractor's plan A. Shop Drawings shall be complete and for temporary structures such as detailed and shall consist of fabrication, temporary bulkheads, support of open erection and setting drawings and cut excavation, support of utilities, schedule drawings,manufacturer's scale ground water control systems, forming drawings, and wiring and control and false work; for underpinning;and for diagrams. Cuts, catalogs, pamphlets, such other work as may be required for descriptive literature, and performance construction but does not become an and test data,shall be considered only as integral part of the Project. supportive information. As used herein, the term "manufactured" applies to B. Working Drawings shall be signed by a standard units usually mass-produced; registered Professional Consultant, and"fabricated"means items specifically currently licensed to practice in the State assembled or made out of selected of Florida. materials to meet individual design requirements. 1.06 SAMPLES B. Manufacturer's catalog sheets, A. The Contractor shall furnish, for the brochures, diagrams, illustrations and approval of the Consultant, samples other standard descriptive data shall be required by the Contract Documents or clearly marked to identify pertinent requested by the CONSULTANT. materials, product or models. Delete Samples shall be delivered to the information which is not applicable to the CONSULTANT as specified or directed. Work by striking or cross-hatching. The Contractor shall prepay all shipping Boynton Beach Utilities—Sodium Hypochlorite Tank#1 Replacement SC01340-81 SHOP DRAWINGS,WORKING DRAWINGS,AND SAMPLES 0 charges on samples. Materials or equipment for which samples are 4. Place of Origin. required shall not be used in work until approved by the CONSULTANT. 5. Name of Producer and Brand (if any). B. Samples shall be of sufficient size and quantity to clearly illustrate: 6. Location in Project. 1. Functional characteristics of the Samples of finished materials shall have product,with integrally related parts additional marking that will identify them and attachment devices. under the finished schedules. 2. Full range of color, texture and E. The Contractor shall prepare a pattern. transmittal letter in triplicate for each shipment of samples containing the 3. A minimum of two(2)samples of information required in Paragraph 1.06B each item shall be submitted. above. It shall enclose a copy of this letter with the shipment and send a copy C. Field samples and mock-ups: of this letter to the CONSULTANT. Approval of a sample shall be only for the 1. Contractor shall erect,at the Project characteristics or use named in such site, at a location acceptable to the approval and shall not be construed to Consultant. change or modify any Contract requirements. 2. Size of area: 15 feet long x 6 feet high or that specified in the F. Approved samples not destroyed in respective specification section. testing shall be sent to the CONSULTANT or stored at the site of the 3. Fabricate each sample and mock- Work. Approved Samples of the up complete and finished. hardware in good condition will be marked for identification and may be 4. Remove mock-ups at conclusion of used in the work. Materials and Work or when acceptable to the equipment incorporated in work shall Consultant. match the approved Samples. Samples which failed testing or were not approved D. Each sample shall have a label will be returned to the Contractor at its indicating: expense, if so requested at time of submission. 1. Name of Project. PART 2-PRODUCTS(NOT USED) 2. Name of Contractor and Subcontractor. PART 3-EXECUTION(NOT USED) 3. Material or Equipment END OF SECTION Represented. Boynton Beach Utilities—Sodium Hypochlorite Tank#1 Replacement SC01340-82 SHOP DRAWINGS,WORKING DRAWINGS,AND SAMPLES 0 SECTION 01705 -RECORD DRAWING REQUIREMENTS PART 1 GENERAL (2) sets of full size, signed and sealed Record Drawings and one(1)CD or DVD 1.01 The terms "Record Drawing" and "As-Built with the electronic PDF and AutoCAD Drawing"shall be synonymous. However,it is files(AutoCAD 2010 or newer format).All the CITY's preference to refer to these Record Drawings shall be generated with drawings as"Record Drawings". The Record AutoCAD, and conversions from any Drawings are prepared by the Contractor and other CAD platform to AutoCAD once the are used to document the actual construction drawings are finished are not allowed. and other conditions noted in the Contract Points collected shall be generated with Documents. AutoCAD Land Desktop or AutoCAD Civil 3D. An electronic set of the design 1.02 REQUIREMENTS INCLUDE drawings(including all pertinent XREF's, CTB files, images,etc.)will be furnished A. Contractor shall maintain at the site, a to the Contractor by the design engineer record copy of: at no cost. 1. Drawings B. Contractor shall label each document, "PROJECT RECORD DRAWING" in 2. Approved Shop Drawings, Product neat large printed letters, or by rubber Data and Samples stamp. 3. Field Test Records C. Contractor shall maintain documents in a clean, dry, legible condition and in good 1.03 RELATED SECTIONS: order. Do not use record documents for construction purposes. A. Measurement and Payment — Section SC01025 D. Record information must be created concurrently with construction progress. B. Shop Drawings, Work Drawings, and Contractor shall not conceal any work Samples—Section SC01340 until required information is recorded. C. Testing Laboratory Services — Section E. Contractor shall make documents and SC01410 samples available for inspection by CITY and CONSULTANT at all times. D. Substitutions and Product Options — Section SC01630 1.06 RECORD DRAWINGS 1.04 RELATED REQUIREMENTS A. Survey/GPS Points: All points shall be collected via NAD83 FL State Plane A. The completed final Record Drawings coordinates and elevations collected via shall be certified by a Florida Registered the NAVD88 vertical datum. All drawings Land Surveyor. This certification shall shall be in the proper coordinate base, consist of the surveyor's embossed seal coordinates shall be called out on the bearing his/her registration number, the drawings,and all field collected data shall surveyor's signature and date (of the be submitted in comma delimited text survey)on each sheet of the drawing set electronic format. (including the cover and key sheet). Standard Detail sheets are not required B. Record Drawings shall include complete to be included in the Record Drawing set. as installed information including paving In addition, all Record Drawing sheets and drainage relative to pavement shall list the company name, business location; concrete curb; gutter and address, and telephone number of sidewalks;elevations of surface drainage surveyor. Additionally, the Record flows to insure proper routings of storm Drawings shall meet all Minimum water runoff;location of inlets,manholes, Technical Standards (MTS) outfalls, endwalls and control structures; requirements. as well as pipe inverts,top of grates, rim elevations, and other features that were B. AutoCAD computer generated progress constructed in the Project. Record Drawings are required to be submitted with each Application for C. The Record Drawings shall include Payment. complete as installed information of the utility systems, (water, sanitary sewer 1.05 MAINTENANCE OF RECORD DRAWINGS and storm water systems) including service laterals, sample points, valves, A. The Contractor shall maintain full size backflow preventers, information relative (24"x36") field drawings to reflect the to location of manholes, valve pits installed/accepted items of work as the (enclosures), wet wells, lift stations, as Work progresses. Upon completion of well as the inverts and rim elevations, the Work,the Contractor shall submit two and any other features that were either Boynton Beach Utilities—Sodium Hypochlorite Tank#1 Replacement SC01705-83 RECORD DRAWING REQUIREMENTS 0 constructed as part of the project or C. Utility type, length, size and discovered during the construction of the elevation in conflict structures project. Any and all As-Built utilities that vary from the design drawing set shall be d. All maintenance access moved spatially to its correct locations structures, valve pits, valves and reflected accordingly in the and hydrants within right-of AutoCAD, PDF, and hard copy Record way. Drawings. e. Critical spot elevations at high D. Dimensional ties to water lines shall be or low intersections and the provided, both horizontal and vertical, at midpoint of all intersections. a minimum of every 200 linear feet (If). Each water line dimensional tie shall f. Sewer laterals. include centerline stationing and be referenced to the nearest edge of 2. Pavement Marking and Signing roadway paving with elevation of the top Plans: Sign location where installed of the pipe. if different from plans. E. Contractor's Record Drawings shall I. Record Drawing shall include the include the key sheet / key map with following criteria at a minimum. exact system pipe line and valve locations indicated including GPS 1. Record Drawings of water lines coordinates. shall include the following information: F. Computer generated Record Drawings shall be submitted; data in tabular form a. Top of pipe elevations and will not be accepted. horizontal location every 100 linear feet(If). G. Additionally, Station & Offset and GPS coordinates certified by the surveyor, b. Separation callouts between shall be provided for: water main, sanitary sewer mains and laterals, reclaimed 1. Water Mains (including raw water water and storm drainage as applicable): Valves, fittings, fire piping and structures. hydrants,permanent sample points, service taps and meters. C. Final elevations of surface feature including roadway 2. Sanitary Sewers: - Manholes and crown, edge of pavement cleanouts. (roadway and sidewalk) and swale elevations every 200 3. Stormwater systems: Inlets, liner feet(If). manholes and outfalls (including MES). d. Station and Offset, GPS locations and elevations of 4. Force Mains:Valves and fittings. fittings, valves, fire hydrants, permanent sample points and 5. Reuse Mains: Valves, fittings, water service taps and meters. permanent sample points, service taps and meters. e. All tie-ins to existing lines shall be shown in an enlarged detail 6. Wellfields:Wellheads and valves of the tie-in configuration. 7. General: Street light poles, hand- f. All water services holds and pull boxes 2. Record Drawings of all gravity H. Representative items of work that shall sanitary sewer lines include the be shown on the Record Drawings as following information: verified, changed or added are shown below: a. Rims, inverts and length of piping between structures as 1. Plans: well as slopes. a. Structure types, location with b. Separation callouts between grade of rim and flow-line water main, sanitary sewer elevations. mains and laterals and storm drainage piping and b. Piping system type (water structures. main, gravity sewer, etc.), length,size and elevations. C. The stub ends of all sewer laterals shall be located via Boynton Beach Utilities—Sodium Hypochlorite Tank#1 Replacement SC01705-84 RECORD DRAWING REQUIREMENTS 0 GPS and if there are any d. Elevations around island areas cleanouts installed on the are required. sewer laterals then the invert elevation of these cleanouts e. As constructed elevations need to be obtained. shall be taken on all paved and unpaved swales prior to d. Lift station Record Drawings placement of asphalt and/or shall consist of top of wet well topsoil/sod, at enough elevation, invert elevation of intermediate points to confirm the incoming line, bottom of slope consistency and the wet well and of the conformance to the plan compound area. details. 3. Force main Record Drawings shall 7. Lake and canal bank Record be prepared the same as the water Drawings shall include a key sheet line Record Drawings. of the lake for the location of cross sections. Lake and canal bank 4. Reclaimed water Record Drawings cross sections shall be plotted at a shall be prepared the same as the minimum of every 100 linear feet(If) water line Record Drawings. and the top and bottom of slope/edge of water around the lake 5. Record Drawings of all storm water or canal, unless otherwise drainage systems shall include the specified. Record Drawings shall following information: consist of the location and elevation of the top of bank,edge of water and a. Structures, grate elevations, the deep cut line, with the distance inverts and diameter and between each shown on the length of pipe line between drawing. If there are contours structures, type of drainage indicated on the design plans, then system (conveyance and/or they shall be recorded as well. exfiltration) and weir elevations if applicable. a. Retention area Record Drawings elevations shall be b. Separation callouts between taken at the bottom of the water main, sanitary sewer retention area and at the top of mains and laterals and storm bank. If there are contours drainage piping and indicated on the design plans, structures. then they shall be recorded as well. C. Cross section (ROW to ROW) every 50 feet or critical change b. If a change is made via field in elevation and at each inlet order or deviation to any showing sidewalk, inlet grate structure, pipeline, etc., a new and/or top and bottom of location shall be noted on the swale/slope,edge of roadway, Record Drawings. The roadway crown, edge of Consultant may request roadway, grate and sidewalk additional Record Drawing elevations. information to verify horizontal or vertical locations. 6. All rock and asphalt Record Drawings for parking lot, roadways 1.07 SUBMITTAL and swales areas shall consist of the following: A. Record Drawings - As a condition precedent to the Contractor's request for a. Rock elevations at all high and Substantial Completion Inspection, the low points, and at enough Contractor shall furnish to CITY a intermediate points to confirm complete set of full size paper prints, slope consistency and every marked-up Record Drawings with 50'for roadways. "RECORD DRAWINGS" clearly printed on each sheet for review and approval b. Rock elevations shall be taken and acknowledge the receipt of marked at all locations where there is a up plans, comments that shall be finish grade elevation shown addressed before Final Completion. If on the design plans. there was no change to the drawing, it shall be marked"RECORD DRAWING— c. All catch basin and manhole NO CHANGE" All final Record Drawing rim /grate elevations shall be sheets shall be certified, signed and shown. sealed by the Contractor's surveyor. Boynton Beach Utilities—Sodium Hypochlorite Tank#1 Replacement SC01705-85 RECORD DRAWING REQUIREMENTS B. Additionally, the Contractor shall certify by stamping and signing each Record Drawing sheet indicating the fact that it has been reviewed and accepted. C. Initially, two (2) signed and sealed paper prints are to be submitted to the Project Manager for review. Following review by the Consultant and CITY, any comments are to be addressed. On final submission, the following items shall be provided: 1. Two (2) sets of signed and sealed drawings (24 in. x 36 in.). If sent by mail or courier,the drawings shall be packaged in properly sized shipping tubes. 2. PDF and AutoCAD electronic files on CD or DVD. All proposed data must be crossed out and the computer generated As-Built data must be easily identified and put on AutoCAD layers other than those used by the Design Engineer, with the text "ASB" preceding the layer name.A bold or different font and line weight may be used. A sample of record data must be added to the legend and shown on each plan/profile sheet. D. The electronic files submitted must be in PDF and AutoCAD 2010 or newer format. All digital files are to be copied on CD or DVD. All fonts and line types shall be from the standard AutoCAD library. Any attachments to drawings (i.e., XREFs, Images, CTB files, or any such attached files) shall be written to CD or DVD. Original layer states shall be saved in AutoCAD prior to making any changes to drawings using the Layer State Manager under the Layer Properties Manager dialog box. As a minimum requirement, electronic files must include all features that were shown on the approved construction plans. E. When identified on the Schedule of Bid Items as a separate pay item, Record Drawings shall be paid for once the FINAL project Record Drawings have been submitted to and accepted by the CITY and CONSULTANT. PART 2 PRODUCTS-Not Used. PART 3 EXECUTION-Not Used. END OF SECTION Boynton Beach Utilities—Sodium Hypochlorite Tank#1 Replacement SC01705-86 RECORD DRAWING REQUIREMENTS 0 SECTION 01710—CLEANING PART 1 -GENERAL dispose of at legal disposal areas away from the site. 1.01 DESCRIPTION C. Contractor shall coordinate and cooperate A. Scope of Work: Contractor shall execute with the CITY for the routine collection of cleaning, during progress of the Work and garbage, debris and recycle materials by at completion of the Work. assuring access to oversized vehicles. If access to the property owner pick-up 1.02 DISPOSAL REQUIREMENTS points, Contractor shall gather the collection bins, stage them in a pick-up A. Contractor shall conduct cleaning and area and then return to the individual disposal operations to comply with codes, property owners after the garbage and/or ordinances, regulations, and anti-pollution recycle has been picked-up. laws. 1.02 DUST CONTROL PART 2-PRODUCTS A. Clean interior spaces prior to the start of 2.01 MATERIALS finish painting and continue cleaning on an as-needed basis until paint is finished. A. Use only those cleaning materials which will not create hazards to health or B. Schedule operations so that dust and other property and which will not damage contaminants resulting from cleaning surfaces. process will not fall on wet or newly-coated surfaces. B. Use only those cleaning materials and methods recommended by manufacturer 3.03 FINAL CLEANING of the surface material to be cleaned. A. Employ skilled workmen for final cleaning. C. Use cleaning materials only on surfaces recommended by cleaning material B. Remove grease, mastic, adhesives, dust, manufacturer. dirt, stains, fingerprints, labels, and other foreign materials from sight-exposed PART 3-EXECUTION interior and exterior surfaces. 3.01 DURING CONSTRUCTION C. Prior to final completion, or Owner occupancy, Contractor shall conduct an A. Execute daily cleaning to keep the Work, inspection of sight-exposed interior and the site and adjacent properties free from exterior surfaces and all work areas, to accumulations of waste materials, rubbish verify that the entire Work is clean. and windblown debris, resulting from construction operations or personal END OF SECTION activities. B. Remove waste materials, debris and rubbish from the site as needed and Boynton Beach Utilities—Sodium Hypochlorite Tank#1 Replacement SC01710-87 CLEANING 0 SECTION 01720 -PROJECT RECORD DOCUMENTS 1.02 RECORDING PART 1 -GENERAL A. Label each document "PROJECT 1.01 IN-PROGRESS PROJECT RECORD RECORD"in neat large printed letters. DOCUMENTS B. Record information concurrently with A. All dimensions and annotations that are construction progress. noted below shall be included on the progress and final Record Drawings. 1. Do not conceal any work until Contractor shall maintain on site one (1) required information is recorded. record copy for the Consultant of the following as it progresses: C. Drawings: Legibly mark to record actual construction: 1. Drawings: 1. Depths of various elements of a. Trench bottom elevations foundation in relation to finish first floor datum. b. Top of bedding (when imported bedding is required) 2. Location of existing internal utilities and appurtenances concealed in C. Pipe invert at each structure the construction, referenced to visible and accessible features of d. Station and off-set the structure. measurements including grate elevations for structures. 3. Field changes of dimension and detail. e. GPS coordinates/notations 4. Changes made by Field Order or by f. Mapping of all soil density test Change Order. results(pass and fail) 5. Details not on original Contract 2. Specifications Drawings. 3. Addenda. 6. Equipment and piping relocations. 4. Change Orders and other D. Specifications and Addenda: Legibly modifications of the Contract. mark each section to record: 5. Consultant's Field Orders or written 1. Manufacturer, trade name, catalog instructions. number of Supplier of each product and item of equipment actually 6. Approved Shop Drawings,Working installed. Drawings and Samples. 2. Product substitutions and alternates 7. Field Test records. utilized. 8. Maintenance of Traffic(MOT)Plans 3. Changes made by Field Order or by Change Order. 9. Construction photographs. 1.02 SUBMITTAL B. Related Requirements Described Elsewhere: A. At Contract closeout, deliver Record Documents to the Consultant for the 1. Field Engineering: Section CITY. SC01050. B. Accompany submittal with transmittal 2. Shop Drawings, Working Drawings letter in duplicate,containing: and Samples: Section SC01340. 1. Date. 3. Construction Photographs: Section SC01380. 2. Project title and number. 4. Video and Photographic Site 3. Contractor's name and address. Survey: Section SC01390 Boynton Beach Utilities-Sodium Hypochlorite Tank#1 Replacement SC01720-88 PROJECT RECORD DOCUMENTS 0 4. Title and number of each Record PART 2-PRODUCTS(NOT USED) Document. PART 3—EXECUTION(NOT USED) 5. Signature of Contractor or his authorized representative. END OF SECTION Boynton Beach Utilities—Sodium Hypochlorite Tank#1 Replacement SC01720-89 PROJECT RECORD DOCUMENTS 0 SECTION 01740-WARRANTIES AND BONDS PART 1 -GENERAL 1. Size 8-1/2 inches by 11 inches, 1.01 DESCRIPTION punch sheets for standard three (3) post binder. A. Scope of Work: a. Fold larger sheets to fit into 1. Contractor shall compile specified binders. warranties and bonds, as in Article 5 and 13 of the General Conditions 2. Cover: Identify each packet with and as specified in these typed or printed title Specifications. "WARRANTIES AND BONDS". List: B. Related Work Described Elsewhere: a. Title of Project. 1. General Conditions: Articles 5 and 13 b. Name of Contractor. 2. Contract Closeout: Section C. Binders: Commercial quality, three (3) SC01700. post binder, with durable and cleanable plastic covers and maximum post width 1.02 SUBMITTAL REQUIREMENTS of two(2)inches. A. Assemble warranties, bonds and service 1.04 WARRANTY SUBMITTALS and maintenance contracts,executed by REQUIREMENTS each of the respective manufacturers, suppliers,and subcontractors. A. For all major pieces of equipment,submit a warranty from the equipment B. Number of original signed copies manufacturer. The manufacturer's required: Two(2)each. warranty period shall be concurrent with the Contractor's for one (1)year, unless C. Table of Contents: Neatly typed, in otherwise specified, commencing at the orderly sequence. Provide complete time of final acceptance by the CITY. information for each item. B. The Contractor shall be responsible for 1. Product of work item. obtaining certificates for equipment warranty for all major equipment 2. Firm, with name of principal, specified under technical specifications address and telephone number. for Divisions 11: Equipment; 13: Special Construction; 15: Mechanical; and 16: 3. Scope. Electrical and which has at least a 1 hp motor or which lists for more than$1,000. 4. Date of beginning of warranty,bond The Consultant reserves the right to or service and maintenance request warranties for equipment not contract. classified as major. The Contractor shall still warrant equipment not considered to 5. Duration of warranty, bond or be "major" in the Contractor's one-year service maintenance contract. warranty period even though certificates of warranty may not be required. 6. Provide information for CITY's personnel: C. In the event that the equipment manufacturer or supplier is unwilling to a. Proper procedure in case of provide a one (1) year warranty failure. commencing at the start of the Correction Period, the Contractor shall obtain from b. Instances which might affect the manufacturer a two(2)year warranty the validity of warranty or commencing at the time of equipment bond. delivery to the job site. This two(2)year warranty from the manufacturer shall not 7. Contractor, name of responsible relieve the Contractor of the one(1)year principal, address and telephone warranty. number. D. The CITY shall incur no labor or 1.03 FORM OF SUBMITTALS equipment cost during the guarantee period. A. Prepare in duplicate packets. E. Guarantee shall cover all necessary B. Format: labor, equipment and replacement parts resulting from faulty or inadequate Boynton Beach Utilities—Sodium Hypochlorite Tank#1 Replacement SC01740-90 WARRANTIES AND BONDS 0 equipment design,improper assembly or PART 2-PRODUCTS(NOT USED) erection, defective workmanship and materials, leakage, breakage or other PART 3-EXECUTION(NOT USED) failure of all equipment and components furnished by the manufacturer. END OF SECTION Boynton Beach Utilities—Sodium Hypochlorite Tank#1 Replacement SC01740-91 WARRANTIES AND BONDS A TTA CHMENT `A ' THE DOCUMENTS BEHIND THIS PAGE MUST ACCOMPANY PROPOSAL IN ORDER FOR SUBMITTAL TO BE CONSIDERED COMPLETE AND ACCEPTABLE Boynton Beach Utilities—Sodium Hypochlorite Tank#1 Replacement 92 BID FORM BID No: 006-2821-19/TP PROJECT NAME: SODIUM HYPOCHLORITE TANK#1 REPLACEMENT The City of Boynton Beach is seeking the services of a qualified Contractor to furnish, install and provide all labor to complete the City's project known as SODIUM HYPOCHLORITE TANK#1 REPLACEMENT The work under this project consists of: The CITY of Boynton Beach is seeking the services of a licensed, qualified contractor to replace an existing Sodium Hypochlorite Tank with an in-kind replacement tank at the East Water Treatment Plant. The existing tank has a capacity of 21,846 gallons and was supplied by Plas-Tanks Industries, Inc. in accordance with the attached manufacturer's cut sheet. The new tank shall meet a wind load of at 140 mph. The work includes the hauling and disposal of the existing tank;furnishing and installation of the new tank, hardware, and appurtenances; reconnection of all piping according to the existing installation and manufacturer's cut sheet; and all other work and appurtenances for a complete installation. The contractor shall provide as-built drawings for the new tank in AutoCAD (version 2017 or later) and PDF formats. Submit one (1) original,two (2) copies along with one (1) electronic copy on a USB thumb drive copies of this form to City of Boynton Beach, Florida, Procurement Services, 3301 Quantum Boulevard, Suite 101, Boynton Beach, Florida 33426 Submitted By: Date: (BIDDER) To furnish and deliver all materials and to do and perform all WORK in accordance with the Bid Documents, as follows: In orderto be considered for this project,the Bidder must have successfully completed a minimum of three (3) projects of similar scope and complexity over the past five (5) years, in the State of Florida, and must be able to document the required experience upon request. 1. The undersigned BIDDER proposes and agrees, if this Bid is accepted, to enter into an Contract with the CITY to perform and furnish all WORK as specified herein forthe Contract Price and within the Contract Period indicated in this Bid. 2. This Bid will remain subject to acceptance for ninety (90) days after the day of Bid opening. BIDDER will sign and submit the necessary documents required by the CITY within ten (10) days after the date of CITY's Award Letter. 3. In submitting this Bid, BIDDER represents, as more fully set forth in the Contract, that THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Boynton Beach Utilities—Sodium Hypochlorite Tank#1 Replacement 93 Page 4:76 uf :781' a. BIDDER has examined the Bid Documents, including the following addenda: Number Date Number Date Receipt of all of which is hereby acknowledged; b. BIDDER has familiarized itself with the nature and extent of the Bid Documents, locality, and all local conditions and laws and regulations that in any manner may affect cost, progress, performance or furnishing of the WORK. C. BIDDER has given the CITY written notice of all conflicts, errors or discrepancies that it has discovered in the Bid Documents and the written resolution thereof by the CITY is acceptable to BIDDER. 4. BIDDER proposes to furnish the WORK in conformity with the drawings and specifications and at the lump sum listed below. The Bid Prices quoted have been checked and certified to be correct. Such Bid Prices are fixed and firm and shall be paid to BIDDER for the successful completion of its obligation as specified in the Bid Documents. 5. BIDDER agrees that the WORKwill be substantially completed within_180_consecutive calendar days after the receipt of the Notice to Proceed and final completion will occur within _30_ consecutive calendar days after the Notice of Substantial Completion. 6. BIDDER accepts the provisions of the Contract as to liquidated damages in the event of failure to complete the WORK on time. 7. Communications concerning this Bid shall be as follows: Contact Person Business Address City, State, Zip Code Business Phone Number Email Address Cell Phone Number 8. Other pertinent information is as follows: License Number (Please Attach Copy) Federal Tax ID# Federal Employment ID# Submitted on this day of ' 20 a. (If an individual, partnership, or non-incorporated organization) THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Boynton Beach Utilities—Sodium Hypochlorite Tank#1 Replacement 94 Page 4:7:7 uf :781' Signature of BIDDER By b. (If a corporation) (Affix Seal) Signature of BIDDER By Attested by Secretary Incorporated under the laws of the State of BID PRICES WITHOUT THE MANUAL SIGNATURE OF AN AUTHORIZED AGENT OF THE BIDDER SHALL BE REJECTED AS NON-RESPONSIVE, NON-CONFORMING AND INELIGILE FOR AWARD. THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Boynton Beach Utilities—Sodium Hypochlorite Tank#1 Replacement 95 SODIUM HYPOCHLORITE TANK REPLACEMENT BID No. 006-2821-19/TP SCHEDULE OF BID ITEMS ITEM SCO1025 DESCRIPTION EST UNIT UNIT VALUE NO I Section QTY COST GENERAL Bonds, Insurance&General 1 1.11.13 Requirements. Contractor shall be 1 LS $ limited to a maximum of eight percent(8%)of the total bid price 2 1.11.0 Indemnification 1 LS $25.00 3 1.11.D As-built Record Drawings(CAD 1 LS $ File) WORK SITE 4 1.11.E Removal and Disposal of existing 1 LS $ Sodium Hypochlorite Tank 5 1.11.F Furnish and Install Sodium 1 LS $ Hypochlorite Tank 6 1.11.G Testing and Operation Training 1 LS $ TOTAL BID PRICE $ (In Numbers) TOTAL BID PRICE (In Words): (Amounts are to be shown in both figures and words. In case of discrepancies, the amount shown in words will govern for each bid item, unit price and total bid. Extended unit price shall prevail over total price for bid items based upon unit price.) Submitted By: Date: (BIDDER) THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Boynton Beach Utilities—Sodium Hypochlorite Tank#1 Replacement 96 CERTIFICATE (For Partnership) I HEREBY CERTIFY that a meeting of the partners of a Partnership under the laws of the State of held on 20 , the following resolution was duly passed and adopted: "RESOLVED, that as of the Partnership, is hereby authorized to execute the Bid Form dated 20 , between the City of Boynton Beach, Florida, and this Partnership, and that the execution thereof, attested by the of the Partnership be the official act and deed of this Partnership." I further certify that such resolution is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand this_day of 20_ (Signature) (Title) STATE OF FLORIDA COUNTY OF Sworn to and subscribed before me on this day of 20 by who Ll is personally known to me or who Ll has presented the following type of identification: Signature of Notary Public, State of Florida Notary seal (stamped in black ink) OR Printed, typed or stamped name of Notary and Commission Number THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Boynton Beach Utilities—Sodium Hypochlorite Tank#1 Replacement 97 CERTIFICATE (For Corporation) I HEREBY CERTIFY that a meeting of the Board of Directors of a corporation under the laws of the State of held on 20_, the following resolution was duly passed and adopted: "RESOLVED, that as of the Corporation, is hereby authorized to execute the Bid Form dated 20_, between the City of Boynton Beach, Florida, and this Corporation, and that the execution thereof, attested by the Secretary of the Corporation and with corporate seal affixed, shall be the official act and deed of this Corporation". I further certify that such resolution is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand this_day of 20_ Secretary STATE OF FLORIDA COUNTY OF Sworn to and subscribed before me on this day of 20 by who Ll is personally known to me or who Ll has presented the following type of identification: Signature of Notary Public, State of Florida Notary seal (stamped in black ink) OR Printed, typed or stamped name of Notary and Commission Number THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Boynton Beach Utilities—Sodium Hypochlorite Tank#1 Replacement 98 BID BOND STATE OF FLORIDA ) COUNTY OF PALM BEACH ) KNOW ALL MEN BY THESE PRESENTS, that as Principal, and as Surety, authorized to do business in the State of Florida are held and firmly bound unto the Owner, City of Boynton Beach in the penal sum of Dollars ($ ) lawful money of the United States, for the payment of which sum will and truly to be made, we bond ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the Principal has submitted the accompanying bid, dated 120 , for: (SODIUM HYPOCHLORITE TANK #1 REPLACEMENT) NOW THEREFORE, A. If the principal shall not withdraw such Bid within ninety (90) days after date of opening of the same, and shall within ten (10) days after the prescribed forms are presented to the principal for signature, enter into a written Contract with the Owner in accordance with the Bid as accepted, and give bonds with goods and sufficient surety or sureties, as may be required, for the faithful performance and proper fulfillment of such Contract, then the above obligations shall be void and of no effect, otherwise to remain in full force and effect. B. In the event of the withdrawal of such Bid within the period specified, or the failure to enter into such Contract and give such bonds within the time specified, if the principal shall pay the Owner the difference between the amount specified in such Bid and the amount for which the Owner may procure the required work and supplies, if the latter amount be in excess of the former then the above obligations shall be void and of no effect, otherwise to remain in full force and effect. C. This bond is given to comply with Section 255.05 Florida Statutes, and any action instituted by a claimant under this bond for payment must be in accordance with the notice and time limitation provisions in Section 255.05 (2), Florida Statutes. THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Boynton Beach Utilities—Sodium Hypochlorite Tank#1 Replacement 99 IN WITNESS WHEREOF, the above bounded parties have executed this instrument under their several seals, this day of , 20_, being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of is governing body. WITNESS: (If Sole Ownership or Partnership, two (2) Witnesses required). (If Corporation, Secretary only will attest and affix seal). PRINCIPAL: Name of Firm WITNESS: Signature of Authorized Officer(affixed seal) Title Business Address City and State THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Boynton Beach Utilities—Sodium Hypochlorite Tank#1 Replacement 100 SURETY: Corporate Surety WITNESS: Attorney-in-Fact(affix seal) Business Address City and State Name of Local Insurance Agency THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Boynton Beach Utilities—Sodium Hypochlorite Tank#1 Replacement 101 CERTIFICATE AS TO CORPORATE PRINCIPAL I, , certify that I am the Secretary of the Corporation named as Principal in the within bond; that who signed the such Bid Bond on behalf of the Principal, was then of such Corporation; that I know his signature, and his signature hereto is genuine; and that such bond was duly signed, sealed, and attested for and in behalf of such Corporation by authority of its governing body. Secretary (corporate seal) STATE OF FLORIDA ) COUNTY OF PALM BEACH ) Before me, a Notary Public duly commissioned, qualified and acting, personally appeared to me well known, who being by me first duly sworn upon oath, says that he is the Attorney-in-Fact, for the and that he has been authorized by to execute the foregoing bond on behalf of the Contractor named therein in favor for the Owner, the City of Boynton Beach. THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Boynton Beach Utilities—Sodium Hypochlorite Tank#1 Replacement 102 CERTIFICATE AND AFFIDAVIT FOR BONDS TO: CITY OF BOYNTON BEACH COMMISSIONERS RE: Bid Number: 006-2821-19/TP Bidder: Name: Address: City/State: ZIP: Phone: Bond Amount: SURETY BOND COMPANY: Name: Address: City/State: ZI P: Phone: This is to certify that in accordance with Chapter 85-104, Laws of Florida (HB 1266) the insurer named above: 1. Holds a certificate of authority authorizing it to write surety bonds in the state of Florida; 2. Has twice the minimum surplus and capital required by the Florida Insurance Code; and 3. Holds a current valid certificate of authority issued by the United States Department of Treasury under Sections 9304 to 9308 of Title 31 of the United States Code. Date Agent and Attorney-in-Fact THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Boynton Beach Utilities—Sodium Hypochlorite Tank#1 Replacement 103 CHECK OFF LIST FOR CONSTRUCTION PROJECTS REQUIRED SUBMITTAL FORMS AND DOCUMENTS NAME OF PROJECT: SODIUM HYPOCHLORITE TANK#1 REPLACEMENT BID NO.: 006-2821-19/TP NAME OF CONTRACTOR: CONTRACTOR'S SIGNATURE: NAME/TITLE— PLEASE PRINT: ALL FORMS AND DOCUMENTS MUST BE COMPLETED, SIGNED, SEALED AND/OR NOTARIZED AND SUBMITTED WITH PROPOSAL IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE. **ARRANGE SUBMITTAL IN THE FOLLOWING ORDER** FORM/ATTACHMENT DESCRIPTION PAGE NO. YES NO N/A BID FORM PAGES—ALL PAGES All `93-98' Pages BID BOND (5%) 99- 103 CHECK OFF LIST FOR CONSTRUCTION PROJECTS 104 RECEIPT OF ADDENDUM 105 Acknowledgement of Addendum (if applicable, will be issued with addendum) BIDDER ACKNOWLEDGEMENT 106 STATEMENT OF BIDDER'S QUALIFICATIONS & 107- 112 ATTACHMENTS Additional sheets for any items as needed Insert Evidence of possession of required licenses. Insert Resumes Insert FORM/ATTACHMENT DESCRIPTION PAGE NO. YES NO N/A CONFIRMATION OF DRUG-FREE WORKPLACE 113 NONCOLLUSION AFFIDAVIT OF PRIME BIDDER 114 ANTI-KICKBACK AFFIDAVIT 115 SAFETY PROGRAM COMPLIANCE 116 Current Safety Program Attachment per SPC-1 Insert WARRANTIES 117- 118 CONFIRMATION OF MINORITY OWNED BUSINESS 119 Verification if applicable Insert CERTIFICATION PURSUANT TO FLORIDA STATUTE § 120- 121 287.135 SCHEDULE OF SUBCONTRACTORS 122 PALM BEACH COUNTY INSPECTOR GENERAL 123 ACKNOWLEDGEMENT LOCAL BUSINESS STATUS CERTIFICATION 124 STATEMENT OF NO BID if applicable) 125 COMPUTER GENERATED HORIZONTAL BAR CHART — Insert PROJECT SCHEDULE COPIES OF COMPLETE SUBMITTAL—Original/two (2) Insert copies with one (1)electronic copy on a USB thumb drive Required. THIS FORM NEED NOT BE SUBMITTED. IT IS PROVIDED FOR BIDDER'S USE IN ASSURING COMPLIANCE WITH ALL REQUIRED DOCUMENTATION Boynton Beach Utilities—Sodium Hypochlorite Tank#1 Replacement 104 A D D E N D A CITY OF BOYNTON BEACH FLORIDA BID TITLE: SODIUM HYPOCHLORITE TANK #1 REPLACEMENT BID NO.: 006-2821-19/TP BIDDER: DATE SUBMITTED: We propose and agree, if this bid is accepted, to contract with the City of Boynton Beach, in the Contract Form, to furnish all material, equipment, machinery, tools, apparatus, means of transportation, construction, coordination, labor and services necessary to complete/provide the work specified by the Contract documents. Having studied the documents prepared by: CITY OF BOYNTON BEACH and having examined the project site(when indicated in these specifications to do so),we propose to perform the work of this Project according to the Contract documents and the following addenda which we have received: ADDENDUM NO. DATE ADDENDUM NO. DATE ❑ NO ADDENDUM WAS RECEIVED IN CONNECTION WITH THIS BID THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Boynton Beach Utilities—Sodium Hypochlorite Tank#1 Replacement 105 BIDDER ACKNOWLEDGEMENT Submit Bids To: PROCUREMENT SERVICES 3301 Quantum Boulevard, Suite 101 Boynton Beach, Florida 33426 Telephone: (561) 742-6322 Bid Title: SODIUM HYPOCHLORITE TANK #1 REPLACEMENT Bid Number: 006-2821-19/TP Bid Due By: JANUARY 9, 2019, NO LATER THAN 2:30 P. M. Bids will be opened in Procurement Services unless specified otherwise. Bid receiving date and time is scheduled for: JANUARY 9, 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 bid shall conform to applicable sections of the charter and codes of the City. Name of Vendor: Federal I.D. Number: A Corporation of the State of: Area Code: Telephone Number: Area Code: FAX Number: Mailing Address: City/State/Zip: Authorized Signature E-mail: Name Typed THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Boynton Beach Utilities—Sodium Hypochlorite Tank#1 Replacement 106 BIDDER'S QUALIFICATIONS STATEMENT BIDDER shall furnish the following information. All questions to be answered in full, without exception. If copies of other documents will provide the appropriate answer to the question, they may be attached and clearly labeled. Failure to comply with this requirement will render Bid non-responsive and may cause its rejection. Additional sheets shall be attached as required. 1. BIDDER'S Name, Principal Address, Phone and Fax Number: 2. Number of years as a Contractor in this type of work: 3. Names and titles of all officers, partners or individuals doing business under trade name: 4. The business is a: Sole Proprietorship ❑ Partnership ❑ Corporation ❑ 5. Name, address, and telephone number of surety company and agent who will provide the required bonds on this contract: 6. What is the last project of this nature that you have completed? 7. Have you ever failed to complete work awarded to you. If so, when, where and why? THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Boynton Beach Utilities—Sodium Hypochlorite Tank#1 Replacement 107 8. Have you personally inspected the proposed WORK and do you have a complete plan for its performance? 9. List CM's or GC's your company has worked for within the past three years. (List 2 other than those shown below) CM/GC Contact Tel: No. 1 Person: E-Mail: CM/GC Contact Tel: No.2 Person: E-Mail: 10. List three SIGNIFICANT PROJECTS completed within the past five years. Your$ Project Location: Subcontract $ Date No. 1 Amount: Completed: Contracting Contact Tel: Agency: Person: E-Mail: Your$ Project Location: Subcontract $ Date No.2 Amount: Completed: Contracting Contact Tel: Agency: Person: E-Mail: Your$ Project Location: Subcontract $ Date No.3 Amount: Completed: Contracting Contact Tel: Agency: Person: E-Mail: 11. List three SIGNIFICANT PROJECTS currently under construction. Your$ Project Location: Subcontract $ Date No. 1 Amount: Completed: Contracting Contact Tel: Agency: Person: E-mail: Your$ Project Location: Subcontract $ Date No.2 Amount: Completed: Contracting Contact Tel: Agency: Person: E-mail: Your$ Project Location: Subcontract $ Date No.3 Amount: Completed: Contracting Contact Tel: Agency: Person: E-mail: THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Boynton Beach Utilities—Sodium Hypochlorite Tank#1 Replacement 108 Page 491 uFFE)f 12. List the pertinent experience of the key individuals of your organization (continue on insert sheet, if necessary). 13. State the name and licensing of the individual who will have personal supervision of the WORK. 14. Will you sublet any part of this WORK? If so, give details. 15. What equipment do you own that is available for the WORK? 16. What equipment will you purchase for the proposed WORK? 17. What equipment will you rent for the proposed WORK? 18. Has the Bidder or any principals of the Firm failed to qualify as a responsible Bidder, refused to enter into a contract after an award has been made, failed to complete a contract during the past five (5) years, or been declared to be in default in any contract in the last five (5) years? If yes, please explain below: THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Boynton Beach Utilities—Sodium Hypochlorite Tank#1 Replacement 109 19. List and describe all bankruptcy petitions (voluntary or involuntary)which have been filed by or against the Bidder, its parent or subsidiaries or predecessor organizations during the past five (5) years. Include in the description, the disposition of each petition. 20. List all claims, arbitrations, administrative hearings and lawsuits brought by or against the Bidder or its predecessor organization(s) during the last five (5) years. The list shall include all case names, case arbitration or hearing identification numbers, the name of the project which the dispute arose, and a description of the subject matter of the dispute. 21. Is the Bidder currently in default on any loan agreement or financing agreement with any bank,financial institution, or other entity? If yes, specify in details the circumstances and prospects for resolution. 22. Bank References (include name,job title, and telephone number of contact person)— Minimum 1 23. Annual Average Services Revenue of the Proposer for the last three years as follows: Revenue Index Number a. Government Related Work b. Non-Governmental Related Work Total Work a+b): Services Revenue Index Number 1. Less than $100,000 2. $100,000 to less than $250,000 3. $250,000 to less than $500,000 4. $500,000 to less than $1 million 5. $1 million to less than $2 million 6. $2 million to less than $5 million 7. $5 million to less than $10 million 8. $10 million to less than $25 million 9. $25 million to less than $50 million 10. $50 million or greater THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Boynton Beach Utilities—Sodium Hypochlorite Tank#1 Replacement 110 Page 499 uFFE)l 24. Principal Materials Manufacturer and Subcontractors. The BIDDER who proposes to perform WORK specified and shown on the Drawings is submitting this Bid Form. The Schedule of Bid Prices shown on the preceding pages(s) has been calculated and tabulated using basic material prices. The following is a list of material manufacturers and subcontractors whose materials and services such BIDDER proposes to furnish and utilize if awarded a CONTRACT for the WORK specified herein and shown on the Plans. It is understood that the following list is not complete, but includes the names of manufacturers of the principal components and subcontractors supplying principal services to such project. It is also understood that if awarded a Contract, the BIDDER will furnish the materials of the manufacturers and utilize the services of the subcontractors stated herein and that if for any reason whatsoever BIDDER wishes to substitute materials or subcontractors BIDDER shall request permission in writing from the CITY stating fully the reason for making such a request prior to ordering same. All manufacturers or their authorized vendors have been made aware of all the appropriate portions of the Bid Documents and agree that their materials will meet all of the requirements stated therein and deliveries will be scheduled so as not to impede the progress of the WORK. Materials: Item Manufacturer THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Boynton Beach Utilities—Sodium Hypochlorite Tank#1 Replacement 111 The BIDDER acknowledges and understands that the information contained in response to this Qualification's Statement shall be relied upon by CITY in awarding the contract and such information is warranted by BIDDER to be true. The discovery of any omission or misstatement that materially affects the BIDDER'S qualifications to perform under the contract shall cause the CITY to reject the Bid, and if after the award, to cancel and terminate the award and/or contract. The BIDDER also acknowledges that all information listed above may be checked by the CITY and authorizes all entities or persons listed above to answer any and all questions. BIDDER hereby indemnifies the CITY and persons or entities listed above and hold them harmless from any claim arising from such authorization or the exercise thereof, including the dissemination of information requested above. By (Signature) Date THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Boynton Beach Utilities—Sodium Hypochlorite Tank#1 Replacement 112 CONFIRMATION OF DRUG-FREE WORKPLACE IDENTICAL TIE BIDS Preference shall be given to businesses with drug-free workplace programs. Whenever two or more bids which are equal with respect to price, quality, and service are received by the City of Boynton Beach or by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug-free workplace program. In order to have a drug-free workplace program, a business shall: 1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2) Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3) Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4) In the statement specified in subsection (1), notify the employee that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than 5 days after such conviction. 5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community by, any employee who is so convicted. 6) Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. Vendor's Signature THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Boynton Beach Utilities—Sodium Hypochlorite Tank#1 Replacement 113 Page 496 uFFE)l NON COLLUSION AFFIDAVIT OF PRIME BIDDER State of ) County of ) being first duly sworn, deposes and says that: 1) He is of (Title) (Name of Corporation or Firm) the bidder that has submitted the attached bid: 2) He is fully informed respecting the preparation and contents of the attached bid and of all pertinent circumstances respecting such bid; 3) Such bid is genuine and is not a collusive or sham bid; 4) Further, such bidder nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly with any other bidder, firm or person to submit a collusive or sham bid in connection with the Contract for which the attached bid has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communications or conference with any other bidder, firm or person to fix the price or prices in the attached bid or of any other bidder, or to fix any overhead, profit or cost element of the bid price or the bid price of any other bidder, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the City of Boynton Beach or any person interested in the proposed Contract; and 5) The price or prices quoted in the attached bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the bidder or any of its agents, representatives, owners, employees, or parties in interest, including this affiant. (Signed) (Title) Subscribed and sworn to before me This day of 20 My commission expires THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Boynton Beach Utilities—Sodium Hypochlorite Tank#1 Replacement 114 Page 49:7 uFFE)l 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 bid 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 ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Boynton Beach Utilities—Sodium Hypochlorite Tank#1 Replacement 115 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 THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Boynton Beach Utilities—Sodium Hypochlorite Tank#1 Replacement 116 Page 499 uFFE)l 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 Contractorwill 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 THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Boynton Beach Utilities—Sodium Hypochlorite Tank#1 Replacement 117 portions of the item(s) that are not fabricated by the Contractor, and in accordance with the Contractor's recommendations, a copy of which has either been supplied to the City of Boynton Beach should maintain complete and accurate records made at the time of performance of maintenance showing compliance with such instructions, and by acceptance of this Warranty, the City of Boynton Beach, Florida, agrees to present such records to the Contractor upon request in the event of a claim hereunder by the City; 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 THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Boynton Beach Utilities—Sodium Hypochlorite Tank#1 Replacement 118 Page 581 ef WA41 CONFIRMATION OF MINORITY OWNED BUSINESS This 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 ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Boynton Beach Utilities—Sodium Hypochlorite Tank#1 Replacement 119 Page 582 uf :781' 1 , 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. THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Boynton Beach Utilities—Sodium Hypochlorite Tank#1 Replacement 120 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 THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Boynton Beach Utilities—Sodium Hypochlorite Tank#1 Replacement 121 Page 584 uFF8111 22 = 0 C) g m \ mf w to \ \ / \ 7 @ � S % § 0 22 of e \ 2 0 / \ ( § 0 � \ / � \ \ / \ ' _ = o 2 § 3a = o = m \ 0 \ o Q E e 70 2 � a % 3 E & -2 cuR R / 0 � LUCN \ / k \ \ Ea 0 LU og 2 o S = zof / ( 6 § < a £ = 0 7 eG 028 CL U 27 § § / @ \ Ix LU E _ ° o G [ a. z \ \ CL § § f � q \ / � � E \ Q0 C-4 C6 eo 53 220 _ " \ gv gLU8 0 £ 2 / o � E R o 7 / 2 § § O p q 40- j § / LU @2 s � 3 = D o \ E ° eoc mo / u o & / \ / m /) % \ cu 0 < _ U 00 _ �ƒ � � g \ \ \ / / \ Q < m \ ƒ � E\ tea / 0 070 0 _ _ § m % \ / / k \ / � w3 _ = 2 ._ = o ff \ S ( \ o m o \ / k � 7d k ° f o = = m -0 cu £ o c = 2 0 m20) o � _ o $ CL CL0 § � � \ e = 3 ) Ems-0 = o G $ § « c X27 f § 2U / / 70g wee © £ � 0 \ / ° � § / ƒ± \ % \« ƒ / % \ 0 § \ \ D \ u G % / f ƒ 7 \ E R m E / F- O 7 = PALM BEACH COUNTY INSPECTOR GENERAL ACKNOWLEDGMENT BID NO.: 006-2821-19/TP BID TITLE: SODIUM HYPOCHLORITE TANK #1 REPLACEMENT The Contractor is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of this Contract and in furtherance thereof may demand and obtain records and testimony from the Contractor and its subcontractors and lower tier subcontractors. The contractor understands and agrees that in addition to all other remedies and consequences provided by law, the failure of the Contractor or its subcontractors or lower tier subcontractors to fully cooperate with the Inspector General when requested, may be deemed by the municipality to be a material breach of this contract justifying its termination. CONTRACTOR NAME By Title: Date: THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Boynton Beach Utilities—Sodium Hypochlorite Tank#1 Replacement 123 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 ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Boynton Beach Utilities—Sodium Hypochlorite Tank#1 Replacement 124 STATEMENT OF NO BID If you are not bidding on this service/commodity, please complete and return this form to: PROCUREMENT SERVICES, City of Boynton Beach, 3301 Quantum Boulevard, Suite 101 Boynton Beach, Florida 33426. 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 Bid No. 006-2821-19/TP-for SODIUM HYPOCHLORITE TANK #1 REPLACEMENT 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: IF YOU ARE NOT SUBMITTING A BID, PLEASE COMPLETE FORM AND RETURN TO PROCUREMENT SERVICES Boynton Beach Utilities—Sodium Hypochlorite Tank#1 Replacement 125 Page 588 Of ;IA41 A TTA CHMENT "B" DRAFT CONTRACT AGREEMENT s G y v f pn Draft Construction Contract—Sodium Hypochlorite Tank#1 Replacement rvt CONSTRUCTION CONTRACT SODIUM HYPOCHLORITE TANK #1 REPLACEMENT 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.: , 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: SODIUM HYPOCHLORITE TANK#1 REPLACEMENT, Invitation to Bid #006-2821-19/TP. Article 2. CONSULTANT. City of Boynton Beach.("CONSULTANT") has designed the Project and will assume all duties and responsibilities and will have the rights and authority assigned to CONSULTANT in connection with completion of the WORK in accordance with the Contract Documents. Article 3. CONTRACT TIME; LIQUIDATED DAMAGES. 3.1 The WORK will be substantially completed within 180 calendar days from the date when the Contract Time commences to run as provided in paragraph 2.3 of the General Conditions, and completed and ready for final payment in accordance with paragraph 14.9 of the General Conditions within 30 calendar days from the date of Substantial Completion. 3.2 Liquidated Damages. The CITY and CONTRACTOR recognize and acknowledge that time is of the essence of this Contract and that the CITY will suffer financial loss if the WORK is not completed within the times specified in paragraph 3.1 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. Each of the parties acknowledges that it has attempted to quantify the damages which would be suffered by the CITY in the event of the failure of CONTRACTOR to perform in a timely manner, but neither one has been capable of ascertaining such damages with a certainty. CITY and CONTRACTOR also recognize and acknowledge the delays, expense and difficulties involved in proving in a legal preceding the actual loss suffered by the CITY if the WORK is not completed on time. Accordingly, instead of requiring any such proof, the CITY and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay the CITY, _TBD Dollars ($____) for each day that expires after the time specified in paragraphs 3.1 for substantial completion until the WORK is substantially complete. After Boynton Beach Utilities—Sodium Hypochlorite Tank#1 Replacement C-1 Revised 10/2018 Page 51%8 uFFE)l Substantial Completion, if CONTRACTOR shall neglect, refuse or fail to complete the remaining WORK within the Contract Time or any proper extension thereof granted by the CITY, CONTRACTOR shall pay CITY _TBD Dollars ($ ) for each day that expires after the time specified in paragraph 3.1 for completion and readiness for final payment. Article 4. CONTRACT PRICE. CITY shall pay CONTRACTOR, for faithful performance of the Contract, in lawful money of the United States of America, and subject to the additions and deductions as provided in the Contract Documents, a total sum as follows: Based on the Contract prices shown in the Bid Form submitted to the CITY as subsequently revised and as stated herein,a copy of such Bid Form being a part of the Contract Documents, the aggregate amount of this Contract (obtained from either the lump sum price, the application of unit prices to the quantities shown in the Bid Form or the combination of both) not to exceed: (Written) (Numerical) Article 5. PAYMENT PROCEDURES. CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. CITY will process Applications for Payment as provided in the General Conditions. 5.1 Progress Payments. CONTRACT may submit an Application for Payment as recommended by CONSULTANT, for WORK completed during the Project at intervals of not more than once a month. All progress payments will be on the basis of the progress of WORK measured by the schedule of values established in Paragraph 2.9.1 of the General Conditions and in the case of Unit Price Work based on the number of units completed or, in the event there is no schedule of values, as provided in the General Requirements. 5.2 Prior to Substantial Completion progress payments will be made in an amount equal to 90% of WORK completed, but, in each case, less the aggregate of payments previously made and less such amounts as CONSULTANT shall determine, or CITY may withhold, in accordance with paragraph 14.5 of the General Conditions. 5.3 CONTRACTOR shall submit with each Application for Payment, and updated progress schedule acceptable to the CITY and a Warranty of Title/release of liens relative to the Work that is the subject of the Application. Each Application for Payment shall be submitted to the CITY for approval. The CITY shall make payment to the CONTRACTOR within thirty (30) days after approval by the CITY of CONTRACTOR'S Application for Payment and submission of an acceptable updated progress schedule. 5.4 Ten percent (10) of all monies earned by the CONTRACTOR shall be retained by CITY until fifty (50) percent completion of the construction services purchased (defined as that point at which fifty (50) percent of the construction of the work as defined in the Contract Schedule of Values has been performed under the contract by the CONTRACTOR) has been reached. 5.5 After fifty (50) percent completion of the construction work purchased under the Contract has been reached, five (5) percent of all monies earned by the CONTRACTOR shall be retained by the CITY until Final Completion and acceptance by CITY. 5.6 The CITY may withhold, in whole or in part, payment to such extent as may be necessary to protect itself from loss on account of: Boynton Beach Utilities—Sodium Hypochlorite Tank#1 Replacement C-2 Revised 10/2018 a. Defective Work not remedied. b. Claims filed or reasonable evidence indicating probable filing of claims by other parties against CONTRACTOR. c. Failure of CONTRACTOR to make payments properly to SUBCONTRACTORS or for material or labor. d. Damage to another CONTRACTOR not remedied. e. Liquidated damages and costs incurred by the CITY for extended construction administration. When the above grounds are removed or resolved or CONTRACTOR provides a surety bond or consent of Surety, satisfactory to the CITY, which will protect the CITY in the amount withheld, payment may be made in whole or in part. 5.7 Final Payment. Upon final completion and acceptance of the WORK in accordance with paragraph 14.10 of the General Conditions, CITY shall pay the remainder of the Contract Price as recommended by CONSULTANT as provided in paragraph 14.10. Article 6. CONTRACTOR GUARANTEE. CONTRACTOR warrants all work, materials and equipment shall be free from damages and/or defects owing to faulty materials or workmanship for a period of one (1)year after completion of the WORK covered by this Contract. The CONTRACTOR,free of all costs to the CITY,shall replace any part of the equipment, materials, or work included in this Contract, which proves to be defective by reason of faulty materials, damages, and/or workmanship within twelve (12) month period. Article 7. CONTRACT DOCUMENTS. The Documents hereinafter listed shall form the Contract and they are as fully a part of the Contract as if attached hereto: 7.1 Invitation to Bid 7.2 Instructions to Bidders 7.3 Bid Forms (including the Bid, Bid Schedule(s), Information Required of Bidder,Approved Bid Bond, and all required certificates, affidavits and other documentation) 7.4 Contract 7.5 Contractor's Performance and Payment Bond 7.6 General Conditions 7.7 Special Conditions 7.8 Technical Specifications 7.9 Drawings entitled: Cover, 7.10 Addendum No. 1 Dated Boynton Beach Utilities—Sodium Hypochlorite Tank#1 Replacement C-3 Revised 10/2018 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 33425 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 9. 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 % REIMBURSEMENT OF CONSULTANT EXPENSES. Should the completion of this Contract be delayed beyond the specified or adjusted time limit, CONTRACTOR shall reimburse the CITY for all expenses of consulting and inspection incurred by the CITY during the period between said specified or adjusted time and the actual date of final completion. All such expenses for consulting and inspection incurred by the CITY will be charged to CONTRACTOR and be deducted from payments due CONTRACTOR as provided by this Contract. Said expenses shall be further defined as CONSULTANT charges associated with the construction contract administration, including resident project representative costs. Article 11. FLORIDA'S PUBLIC RECORDS LAW. The City is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically,the Contractor shall: 11.1 Keep and maintain public records required by the CITY to perform the service; 11.2 Upon request from the CITY's custodian of public records, provide the CITY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statue or as otherwise provided by law; 11.3 Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the contact term and, following completion of the contract, Contractor shall destroy all copies of such confidential and exempt records remaining in its possession once the Contractor transfers the records in its possession to the City; and, 11.4 Upon completion of the contract, Contractor shall transfer to the CITY, at no cost to the CITY, Boynton Beach Utilities—Sodium Hypochlorite Tank#1 Replacement C-4 Revised 10/2018 pelge 519 -f WA41 all public records in Contractor's possession. All records stored electronically by Contractor must be provided to the CITY, upon request from the CITY's custodian of public records, in a format that is compatible with the information technology systems of the CITY. 11 .5 IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: (CITY CLERK) 3301 QUANTUM BOULEVARD SUITE 101 BOYNTON BEACH, FLORIDA, 33426 561-742-6061 PYLEJ@BBFL.US Article 12. 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 13. MISCELLANEOUS. 13.1 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. 13.2 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—Sodium Hypochlorite Tank#1 Replacement C-5 Revised 10/2018 pelge 514 --F WA41 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 City Manager Contractor Attest/Authenticated: Title (Corporate Seal) City Clerk Approved as to Form: Attest/Authenticated: Office of the City Attorney Secretary Boynton Beach Utilities—Sodium Hypochlorite Tank#1 Replacement C-6 Revised 10/2018 A TTA CHMENT "C" ' p, I iia #d� i Boynton Beach Utilities—Sodium Hypochlorite Tank#1 Replacement 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 120 entered into a contract with Owner for in accordance with drawings and specifications prepared by which contract is by reference made a part of hereof, and is hereinafter referred to as the Contract. Boynton Beach Utilities—Sodium Hypochlorite Tank#1 Replacement 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—Sodium Hypochlorite Tank#1 Replacement 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—Sodium Hypochlorite Tank#1 Replacement 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 FULLAND FAITHFUL PERFORMANCE OF THE CONTRACT KNOW ALL MEN BY THESE PRESENTS: that (Insert name of Contractor) as Principal, (Address or legal title of contractor) hereinafter called Principal, and (Name and address of Surety) as Surety, hereinafter called Surety, are held and firmly bound unto CITY OF BOYNTON BEACH, P.O. BOX 310, BOYNTON BEACH, FLORIDA 33425-0310 as Obligee, hereinafter called Owner, for the use and benefit of claimants as here below defined, in the amount of Dollars ($ ), for payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has by written agreement dated 2018, entered into a contract with Owner for in accordance with drawings and specifications prepared by which contract is by reference made a part of hereof, and is hereinafter referred to as the Contract. NOW THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Principal shall promptly make payment to all claimants as hereinafter defined, for all labor and material used or reasonably required for use in the performance of the Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect, subject, however, to the following conditions: 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, Boynton Beach Utilities—Sodium Hypochlorite Tank#1 Replacement PYB-1 THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED AT AWARD gas, power, light, heat, oil, gasoline, telephone service or rental of equipment directly applicable to the Contract. 2. The above named Principal and Surety hereby jointly and severally agree with the Owner that every claimant as herein defined, who has not been paid in full before the expiration of a period of ninety (90) days after the date on which the last of such claimant's work or labor was done or performed, or materials were furnished by such claimant, may sue on this bond for the use of such claimant, prosecute the suit to final judgment for such sum or sums as may be justly due claimant, and have execution thereon. The Owner shall not be liable for the payment of any costs or expenses of any such suit. 3. No suit or action shall be commenced hereunder by any claimant: a. Unless claimant, other than one having a direct contract with the Principal, shall have given written notice to any two of the following: the Principal, the Owner, or the Surety above named, within ninety (90) days after such claimant did or performed the last of the work or labor, or furnished the last of the materials for which such claimant is made, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were furnished, or for when the work or labor was done or performed. Such notice shall be served by mailing the same by registered mail or certified mail, postage prepaid, in an envelope addressed to the Principal, Owner or Surety, at any place where an office is regularly maintained for the transaction of business, or served in any manner in which legal process may be served in the State in which the aforesaid project is located, save that such service need not be made by a public officer. b. After the expiration of one (1) year following the date on which Principal ceased work on such Contract, it being understood, however, that if any limitation embodied in this bond is prohibited by any law controlling the construction hereof such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law. c. Other than in a State Court of competent jurisdiction in and for the County or other political subdivision of the State in which the Project, or any part thereof, is situated, or in the United States District Court for the district in which the Project, or any part thereof, is situated, and not elsewhere. 4. The amount of this bond shall be reduced by and to the extent of a payment or payments made in good faith hereunder, inclusive of the payment by Surety of mechanics liens which may be filed of record against such improvements, whether or not claim for the amount of such lien be presented under and against this bond. 5. This bond is issued in compliance with Section 255.05, Florida Statutes, as may be amended. A claimant, except a laborer, who is not in privity with the Contractor and who has not received payment for its labor, materials, or supplies shall, within 45 days after beginning to furnish labor, materials, or supplies for the prosecution of the work, furnish the Contractor with a notice that he intends to look to the bond for protection. A claimant who is not in privity with the Contractor and who has not received payment for its labor, materials, or supplies shall, within 90 days after performance of the labor or after complete delivery of 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 Boynton Beach Utilities—Sodium Hypochlorite Tank#1 Replacement PYB-2 THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED AT AWARD 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—Sodium Hypochlorite Tank#1 Replacement PYB-3 THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED AT AWARD 9 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—Sodium Hypochlorite Tank#1 Replacement WT-1 THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED WITH FINAL APPLICATION FOR PAYMENT City of Boynton Beach Risk Management Department INSURANCE ADVISORY FORM Under the terms and conditions of all contracts, leases, and agreements,the City requires appropriate coverages listing the City of Boynton Beach as Additional Insured. This is done by providing a Certificate of Insurance listing the City as "Certificate Holder" and "The City of Boynton Beach is Additional Insured as respect to coverages noted." Insurance companies providing insurance coverages must have a current rating by A.M. Best Co. of"B+" or higher. (NOTE: An insurance contract or binder may be accepted as proof of insurance if Certificate is provided upon selection of vendor.) The following is a list of types of insurance required of contractors, lessees, etc., and the limits required by the City: (NOTE: This list is not all inclusive, and the City reserves the right to require additional types of insurance,or to raise or lower the stated limits, based upon identified risk.) ------------------------------------------------------------------------------------------------------------------------------------------- TYPE (Occurrence Based Only) MINIMUM LIMITS REQUIRED ------------------------------------------------------------------------------------------------------------------------------------------- General Liability General Aggregate $ 1,000,000.00 Commercial General Liability Products-Comp/Op Agg. $ 1,000,000.00 Owners&Contractor's Protective (OCP) Personal &Adv. Injury $ 1,000,000.00 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 ------------------------------------------------------------------------------------------------------------------------------------------- Property Homeowners Revocable Permit $ 300,000.00 Builder's Risk Limits based on Project Cost ------------------------------------------------------------------------------------------------------------------------------------------- Other- As Risk Identified to be determined ------------------------------------------------------------------------------------------------------------------------------------------- INSURANCE ADVISORY FORM 7.D. BIDS AND PURCHASES OVER$100,000 3/19/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 3/19/2019 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R19-032- Authorize the City Manager to sign an annual service agreement with Motorola, Inc. in the amount of$138,925.44 for the continued maintenance and repair of the city's radio telecommunications systems as a sole source vendor. EXPLANATION OF REQUEST: The city maintains a radio telecommunications system that provides the Police Department, Fire Department and other local government entities with radio communications. The Motorola company manufactured and installed our current system which consists of computer consoles, portable radios, antennas and operational readiness. The city has a sixteen year relationship with Motorola and this request is for an annual maintenance agreement for Motorola to provide monitoring and diagnostic service along with the replacement or repair of any defects to the infrastructure, computer equipment, and radio repair and any required upgrades. While Motorola has the option to subcontract radio maintenance to an authorized Motorola subcontractor, the communications infrastructure (consoles, repeaters, etc.) are serviced and maintained by Motorola directly. Authorized subcontractors of Motorola will not contract with entities directly as their work orders are routed through Motorola. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? This service agreement ensures that public safety and relevant local government entities can maintain radio communications which is critical to the safety of city personnel and the provision of services to the community. FISCAL IMPACT: Budgeted Budgeted funds have been included in the FY 2019/20 proposed budget in line item 001-2112-521-.46-24. ALTERNATIVES: Radio communications are critical to the safety of our employees as well as to providing public safety functions. The maintenance contract is required to insure continued operations of the system. If the current system is not maintained the purchase of another system would be required. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Page 525 of 701 Grant Amount: CONTRACTS VENDOR NAME: Motorola Solutions START DATE: 12/1/2019 END DATE: 11/30/2020 CONTRACT VALUE: $138,925.44 MINORITYOWNED CONTRACTOR?: No EXTENSION AVAILABLE?: No EXTENSION EXPLANATION: ATTACHMENTS: Type Description D Resolution Resolution approving Annual Service Agreement with Motorola D Addendum Motorola Annual Service Agreement 2019-20 Page 526 of 701 1 RESOLUTION NO. R19- 2 3 4 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 5 FLORIDA, APPROVING AN ANNUAL SERVICE AGREEMENT 6 WITH MOTOROLA, INC., PROVIDING FOR THE CONTINUED 7 MAINTENANCE AND REPAIR OF THE CITY'S RADIO 8 TELECOMMUNICATIONS SYSTEMS AS A SOLE SOURCE 9 VENDOR IN THE AMOUNT OF $138,925.44; AUTHORIZING THE 10 CITY MANAGER TO SIGN THE AGREEMENT;AND PROVIDING 11 AN EFFECTIVE DATE. 12 13 14 WHEREAS,the City maintains a radio telecommunications system that provides the 15 Police Department, Fire Rescue Department and other local government entities with radio 16 communications; and 17 WHEREAS, Motorola, Inc., manufactured and installed our current system which 18 consists of computer consoles, portable radios, antennas and operational readiness; and 19 WHEREAS, the City has a sixteen year relationship with Motorola; and 20 WHEREAS, the City Commission of the City of Boynton Beach, Florida , upon the 21 recommendation of staff, deems it to be in the best interests of the City residents to enter into 22 a Service Agreement with Motorola, Inc., for the continued maintenance and repair of the 23 City's radio telecommunication systems. 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 hereby ratified and confirmed as 27 being true and correct and are hereby made a specific part of this Resolution upon adoption 28 hereof. 29 Section 2. The City Commission of the City of Boynton Beach, Florida hereby 30 approves the Service Agreement for the continued maintenance and repair of the City's radio C:\Program Files(x86)\neevia.com\docConverterPro\temp\NVDC\6DB5EF99-70BA-452B-BB99-OFD27B892F04\Boynton Beach.15376.1.Moto rola—Se rvice_Agree ment_(2019-20)__Reso.docx Page 527 of 701 31 system between the City of Boynton Beach and Motorola, Inc.,in the amount of$138,925.44. 32 Section 3. The City Manager is authorized to sign the Service Agreement, a copy 33 of which Agreement is attached hereto as Exhibit"A." 34 Section 4. This Resolution shall become effective immediately upon passage. 35 PASSED AND ADOPTED this day of , 2019. 36 37 38 CITY OF BOYNTON BEACH, FLORIDA 39 40 YES NO 41 42 Mayor— Steven B. Grant 43 44 Vice Mayor— Christina L. Romelus 45 46 Commissioner—Mack McCray 47 48 Commissioner—Justin Katz 49 50 Commissioner—Ty Penserga 51 52 53 VOTE 54 55 ATTEST: 56 57 58 59 Judith A. Pyle, CMC 60 City Clerk 61 62 63 64 (Corporate Seal) 65 66 C:\Program Files(x86)\neevia.com\docConverterPro\temp\NVDC\6DB5EF99-70BA-452B-BB99-OFD27B892F04\Boynton Beach.15376.1.Moto rola—Se rvice_Agree ment_(2019-20)__Reso.docx Page 528 of 701 0 MOTOROLA SOLUTIONS SERVICE AGREEMENT 1299 E Algonquin Road Contract Number: USC000006388 Schaumburg, IL 60196 Contract Modifier: R28-JAN-19 20:36:32 (800)247-2346 Date: 28-FEB-2019 Company Name: Boynton Beach, City Of ^ P.O.#: N/A Customer#: 1000303040 Attn.: Bill to Tag#: 0001 Billing Address: 100 E Boynton Beach Blvd Contract Start Date: 01-DEC-2019 City, State, Zip Code: Boynton Beach, FL 33435 Contract End Date: 30-NOV-2020 Customer Contact: Payment Cycle: QUARTERLY Phone: Currency: USD QTY MODEL/OPTION SERVICES DESCRIPTION MONTHLYEXTEXTENDED AMT Recurring Services $11,577.12 $138,925.44 c _...__ ___..... Sub Total ..�w. $11 577.12 $138,925.44 Taxes _ $0.00 $0.00 SPECIAL INSTRUCTIONS-ATTACH STATEMENT OF WORK FOR PERFORMANCE Grand Total $11 577.12 $138,925.44 DESCRIPTIONS - THIS SERVICE AMOUNT IS SUBJECT TO STATE AND LOCAL TAXING MAINTENANCE CONTRACT INCLUDES THE FOLLOWING SERVICE JURISDICTIONS WHERE APPLICABLE,TO BE VERIFIED BY MOTOROLA SOLUTIONS PRODUCTS: DISPATCHING,TECHNICAL SUPPORT, NETWORK MONITORING, INFRASTRUCTURE REPAIR WITH ADVANCED REPLACEMENT, ON SITE INFRASTRUCTURE RESPONSE, LOCAL RADIO COMBO PACKAGE, SECURITY MONITORING AND SECURITY UPDATE SERVICE,ANNUAL PM CHECK FOR RADIO SYSTEM AND SUBSCRIBERS. I received Statements of Work that describe the services provided on this Agreement.Motorola's Service Terms and Conditions,a copy of which is attached to this Service Agreement,is incorporated herein by this reference. AUTHORIZED CUSTOMER SIGNATURE TITLE DATE CUSTOMER(PRINT NAME) MOTOROLA REPRESENTATIVE (SIGNATURE) mm...p. TITLE DATE CINDEE MARKES 954-520-8868 _._...n... _._ MOTOROLA REPRESENTATIVE (PRINT NAME) PHONE 1 Page 529 of 701 Customer: Boynton Beachg Cit Effective: 12/1/2019 Contract : USC000006388 —qt-y Equipment Description 5 MCC7500 consoles 5 GTR8000 Repeaters 227 APX6000 Model 2.5 85 APX6000 Model 1.5 19 APX4000 Model 2.5 128 APX6500 Mobile 6 APX7500 Consolettes See attached serial number list for subscribers included Contract includes 1 Annual Preventative Maintenance Inspection to be scheduled upon customer request Contract includes local Pick up and Delivery services 2 Page 530 of 701 8.A. PUBLIC HEARING 3/19/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 3/19/2019 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 531 of 701 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 532 of 701 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 533 of 701 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 534 of 701 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 535 of 701 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 536 of 701 141 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 537 of 701 195 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 538 of 701 249 250 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 539 of 701 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 540 of 701 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 541 of 701 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 542 of 701 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 543 of 701 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 544 of 701 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 545 of 701 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 546 of 701 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 547 of 701 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 548 of 701 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 549 of 701 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 550 of 701 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 551 of 701 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 552 of 701 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 553 of 701 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 554 of 701 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 0 62.51 25 250 375 500 Owners other than Boynton Mall LLC Fit 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 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) ft(pt 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) ftvt 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 ftvt 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 560 of 701 8.B. PUBLIC HEARING 3/19/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 3/19/2019 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 561 of 701 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 562 of 701 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 563 of 701 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 564 of 701 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 565 of 701 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 566 of 701 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 567 of 701 72 C:AProgram Files(X86)ANeevia.Com\DocconverterproATemp\NVDC\946FCB98-1F4E-4675-A773-C6B34BF6E3D7\Boynton Beach.14212.1.Country_Trail_LUA_-_Ordinance.Docx Page 568 of 701 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 569 of 701 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 570 of 701 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 571 of 701 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 572 of 701 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 573 of 701 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 574 of 701 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 575 of 701 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 576 of 701 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 RM90,377 O 1 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 0 45 90 180 270 PUBLIC &PRIVATE GOVERNMENTAL/INSTITUTIONAL(PPGI) FSI$ O l 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 t 5 t s + s + £ 4 "n i tr„0 t„ Palmland Dr �_ ,- . f 3 Legend R3 Multi Family, 11 du/ac PUD Planned Unit Development 0 45 90 180 270 PU Public Usage 679 O 1 ,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 580 of 701 8.C. PUBLIC HEARING 3/19/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 3/19/2019 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 581 of 701 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 582 of 701 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 583 of 701 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 584 of 701 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 585 of 701 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 586 of 701 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 587 of 701 EXHIBIT A LOCATION MAP 4 ' e v �y i nr v ;7 r I�� t w, IIP. 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BOI NTON BE11CH,PLORIDt, L{p _ f 70 62 N$WESfON AVE.,t)ELRAY 6l41S".H,FL).UM(tai�3-V,93 o NMLEN,PL(Zfl}2n-RG'1]o WWPl.Slh4��eo�oe5-til5 HatilEs ccoNiav iaSiB�ieo�oe5-tilS HatilEs ci tilcoEB c�sneet Fuesrtu Hatil Es tilcoEBc R�ioi`m,.g'.iii2si2oie ii53e Ptil iQAU I I sp A�� I --_ I I I �� A�. N✓�� . I f I r I I k u I I o \ a A ^ � BVI t Z z Z F -O �O z o z o m m r r m m G G D D O O z z O O m m O O z z D m SITE PLAN SUBMISSION 11-26-18 rRANDALL TOFFT SIJ HOMES (I�iODEL L) m W COUNTRY TRAIL PUD O CHITECTS distanctiae.inspirational.architecture. BOYNTON BE,1CH,PLORIW Ige f 701 62N$WESfoN AVE.,—.WK FL).UM(tai�3-V,93 oN E%E oN)262-RG'110 WWPl. �oe5-til5 I.—ccc TITIIILr,eo1oe .- 1.—ci tilcoE�crsnee,Fuesrtu HctilEstilcoE�c 1111 awg.,,r2sr2o,e,:21.1. 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 601 of 701 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 602 of 701 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 603 of 701 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 604 of 701 8.D. PUBLIC HEARING 3/19/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 3/19/2019 REQUESTED ACTION BY COMMISSION: Approve Ocean Breeze East Major Site Plan Modification for multi-family residential (rental apartments) consisting of 123 dwelling units within four, three-story buildings, a clubhouse, community space, and associated recreational amenities and parking on 3.95 acres. Applicant: Paul Bilton, Centennial Management EXPLANATION OF REQUEST: Mr. Paul Bilton, agent for Ocean Breeze East, LLC is requesting approval of a Major Site Plan Modification for the development of Ocean Breeze East, which proposes 123 dwelling units within four, three-story buildings, a 3,250 square foot clubhouse, 1,446 square foot community room, associated recreational amenities, and parking on 3.95 acres. There is one (1) point of ingress/egress proposed for the project centrally located on NE 7th Avenue. This is a two-way driveway allowing turns in both directions. Sidewalks are provided on all rights-of-ways at a minimum of 8 feet in width. The sidewalk along Seacrest Boulevard is designed to incorporate the frontages of the first- floor units, allowing front doors, street trees, and pedestrian connections to the individual units as an enhancement of the project and streetscape consistent with the vision for the City's urban area. A surface parking lot is centrally located among the apartment buildings and contains 193 parking spaces; which includes nine (9) handicap spaces. The proposed elevation drawings depict the overall roof height of each residential building at approximately 38 feet in height. The proposed building has a traditional residential design, featuring a smooth stucco finish, pitched roof with focal features, decorative cornices and banding, modulation of the facades, balconies with aluminum railings, building score lines, roof overhangs, and an earthtone color palette. The Planning and Development Board reviewed and recommended approval of the item at the February 26, 2019 meeting, subject to the addition of two (2) conditions of approval that regard increasing the accessible parking spaces by two (2), siting the accessible spaces in close proximity to each building, and plus two additional conditions regarding accessible parking spaces and buffering of the south boundary with dense hedges maintained at a minimum of 4 feet high. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT: The fiscal impact of the proposal will be negligible, other than the enhanced condition of the property with value represented by new residential construction, permit fees and certificate of use fees. ALTERNATIVES: None recommended. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: N/A Page 605 of 701 CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: N/A Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Staff Report Ocean Breeze Each Staff Report D Location Map Exhibit A® Location Map D Drawings Exhibit B ® Project Plans D Conditions of Approval Exhibit C ® Conditions of Approval D Development Order Development Order Page 606 of 701 DEVELOPMENT DEPARTMENT PLANNING AND ZONINGIII MEMORANDUM NO. PZ 19-004 STAFF REPORT TO: Chair and Members Planning and Development Board THRU: Ed Breese Planning and Zo ing Administrator FROM: Amanda Bassiely, AICD Principal Planner DATE: February 11, 2019 PROJECT: Ocean Breeze East MSPM 19-004 REQUEST: Approve Ocean Breeze East Major Site Plan Modification for multi-family residential (rental apartments) consisting of 123 dwelling units within four three-story buildings, a clubhouse, community space, and associated recreational amenities and parking on 3.95 acres. PROJECT DESCRIPTION Property Owner: Ocean Breeze East Apartments, LLC Applicant: Paul Bilton, Centennial Management Location: Area bounded by North Seacrest Boulevard on the west, NE 1St Street on the east, NE 7th Avenue on the north and NE 6th Avenue on the south (Exhibit"A") Existing Land Use: Mixed Use Medium (MXM) Existing Zoning: MU-2 (Mixed Use Intensity 2 District) Acreage: +/- 3.95 acres Page 607 of 701 Page 2 Ocean Breeze East MSPM 19-004 Adjacent Uses: North: Right-of-way for NE 7th Avenue; farther north one developed and one vacant property of the Church of God, and on the northwest, two vacant parcels; all the above properties classified Medium Density Residential (MeDR) and zoned R-2 (Single-and Two-Family Residential District); South: Developed multifamily property, classified Medium Density Residential (MeDR) and zoned R-3 Multifamily Residential; farther south the right- of-way for NE 6th Avenue; East: Right-of-way for NE 1St street; farther east developed single-family homes, classified Medium Density Residential (MeDR) and zoned R-2 (Single-and Two-Family Residential District); West: Right-of-way for North Seacrest Boulevard, farther west single-family homes (Ocean Breeze West) classified High Density Residential (HDR) and zoned R-3 (Multi-Family Residential District); on the northwest corner of NW 6th Avenue and North Seacrest Boulevard, a developed single-family home classified Low Density Residential (LDR) and zoned R-1 (Single-Family Residential District). 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: Mr. Paul Bilton, agent for Ocean Breeze East, LLC is requesting approval of a Major Site Plan Modification for the development of Ocean Breeze East, which proposes 123 dwelling units within four three-story buildings, 3,250 square foot clubhouse, 1,446 square feet of community space, associated recreational amenities, and parking on 3.95 acres. 2 Page 608 of 701 Page 3 Ocean Breeze East MSPM 19-004 ANALYSIS Concurrency: Traffic: A traffic study was sent to the Palm Beach County Traffic Division for their review and information and they have responded that the project is located within the boundaries of the City of Boynton Beach TCEA (Traffic Concurrency Exception Area) and therefore meets the Palm Beach County Traffic Performance Standards. The traffic study indicates that the project would generate a total 818 new daily trips, 64 AM Peak Hour trips, and 76 PM Peak Hour trips. School: A School Capacity Determination letter has been sent to the School District of Palm Beach County. The County will confirm that area schools have adequate capacity to accommodate the potential public school students who will reside in the proposed dwelling units with their families prior to issuances of permits (see Exhibit C - 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: There is one (1) point of ingress/egress proposed for the project centrally located on NE 7th Avenue. This is a two-way driveway allowing turns in both directions. Sidewalks are provided on all rights-of-ways at a minimum of 8 feet in width. The sidewalk along Seacrest Boulevard is designed to incorporate the frontages of the first-floor units, allowing front doors, street trees, and pedestrian connections to the individual units. The proposed site plan also includes a public plaza at the corner of Seacrest Boulevard and NE 7th Avenue to encourage pedestrian interaction with the proposed community room. Parking: Off-street parking for the MU-2 zoning district requires 1.5 parking spaces for one-bedroom units, two (2) parking spaces for two (2) bedroom units, and three (3) parking spaces for three (3) bedroom units. The project proposes 123 units consisting of 30 one-bedroom units, 63 two-bedroom 3 Page 609 of 701 Page 4 Ocean Breeze East MSPM 19-004 units, and 30 three-bedroom units; requiring 261 parking spaces. The code also requires the provision of guest parking at a rate of 0.15 spaces per unit, which amounts to an additional 19 guest parking spaces. The community space requires one (1) parking space per 300 square feet of gross floor area. The site plan proposes 1,446 square feet space, thereby requiring an additional 5 parking spaces. Under this standard methodology for calculating required off-street parking spaces, a grand total of 285 parking spaces would be required. The applicant has submitted a parking study done by JMD Engineering to justify a 22% reduction in the required parking to provide 222 parking spaces. The applicant is an established developer and manager of apartment complexes throughout South Florida. This site plan proposes an affordable housing product and the managers have the ability to restrict parking through lease agreements. The study proposes that the three-bedroom units will be permitted to have only two cars on site, which would reduce the required parking to 255 parking spaces (a 12.5% reduction). The parking study also indicates alternative parking generation rates from accepted sources, such as the Institute of Traffic Engineering and Urban Land Institute, transportation demand management, and comparable projects to justify a parking requirement of 203 parking spaces. Staff has reviewed the parking analysis and accepts the conclusions and believe the 222 spaces being provided should be adequate with the proposed leasing guidelines and transportation demand management practice. A surface parking lot is centrally located among the apartment buildings and contains 193 parking space; nine (9) of which are handicap parking spaces. The proposed site plan also accounts for 30 on street parking spaces. Regular parking space dimensions would conform to code requirements for the CRA of 9 feet by 18 feet for 90 degree parking. The parallel spaces are typically required to be 9 feet by 25 feet. The applicant is requesting an Engineering Waiver to reduce the length of the parking space to 22 feet. Handicap spaces would be dimensioned 12 feet wide by 18 feet in length (see Exhibit C - Conditions of Approval). Landscaping: The Plant List (Sheets LA-1, LA-2 & LA-3) indicates that the project would add a total of 180 canopy and palm trees, 8,393 accent, shrub specimens, and small shrubs/groundcover plants. All plant materials to be used in the landscape design are required to be Florida number one grade and must be identified as having "low or "medium" watering needs in the South Florida Water Management's "Waterwise" publication. The proposed tree species would include the following: Live Oak, Green Buttonwood, Yellow and Orange Geiger, Asoka, Pink Trumpet, and Glaucous Cassia trees. Palm species would include Alexander, Zahidi Date, Montgomery, and Sabal. Projects proposed in the Heart of Boynton District in the Community Redevelopment Area are subject to the "Pedestrian Zone" portion of the 4 Page 610 of 701 Page 5 Ocean Breeze East MSPM 19-004 Land Development Regulations. These code provisions recognize the desire for reduced building setbacks, thus creating an urban setting. The purpose of the streetscape design concept is to create a landscape design that encompasses both the private and public domain, to blend the two areas into one unified landscape scheme and optimize the pedestrian experience. This is accomplished through hardscape and landscape choices, covered walkways (arcades, awnings, tree canopy), and streetscape amenities (benches, lighting, accent plantings). The landscape design proposed by the applicant depicts the use of street trees, lighting, and designing the buildings along Seacrest Boulevard to address the right-of way, by creating front doors, and pedestrian connections to the units. Building and Site: The proposed site plan site area totals 3.95 acres. The 123 dwelling units are located in four (4) buildings, three (3) of which are configured along the three (3) adjacent rights-of-ways of the site and one (1) is centrally located on the site. One (1) additional 3,250 square foot building is proposed as a clubhouse and is located at the main entrance on NW 7th Avenue. Of the 123 residential units, 30 are one (1) bedroom, 63 are two (2) bedroom, and 30 are three (3) bedroom units. The units range in size from a 780 square foot one (1) bedroom/ one (1) bathroom unit to a 1,185 square foot, three (3) bedroom/ two (2) bathroom unit. Each unit also has a balcony or terrace that either faces the street or inward towards the central common space. The 1,446 square foot community room is a portion of the building located at the corner of Seacrest Boulevard and NE 7th Avenue and front the public plaza proposed at the same location. Relative to the floor area ratio (FAR) regulations within the code, the MU- 2 zoning district has a maximum FAR of 2.0. The applicant will be providing FAR calculations prior to permit issuance (see Exhibit C- Conditions of Approval). Building Height: The maximum building height allowed in the MU-2 zoning district is 65 feet. The proposed building elevations depict the overall roof height of each residential building at approximately 38 feet in height. Setbacks: The MU-2 zoning district requires no building setbacks, but rather a zero (0) build-to line. However, the building setbacks may be increased up to 15 feet administratively, without benefit of a community design appeal, in areas where the intent is to 1) enhance public spaces such as sidewalks, plazas, fountains, or outdoor seating areas; 2) optimize landscape design; 3) maximize on-site drainage solutions; and/or 4) accommodate architectural features and building enhancements. This requirement would apply to all building facades fronting on a street. The building setback is measured from the property line to the exterior surface of the building or supporting columns. Along Seacrest Boulevard, the proposed building setback along the length of the building is between zero and three (3) feet and eight (8) inches; however the building is 21.5 feet from 5 Page 611 of 701 Page 6 Ocean Breeze East MSPM 19-004 the back of the curb in order to maintain the required pedestrian zone. Along NE 7th Avenue, the building ranges in setback from zero feet to twelve (12) feet and eight (8) inches; at the closest point the building is 13.5 feet from the back of curb. Along NE 1St Street, the proposed building setback along the length of the building ranges from approximately six (6) feet to 13 feet and two (2) inches; at the closest point the building is 18 feet from the back of curb (see Exhibit C - Conditions of Approval). Amenities: As noted above, the site plan depicts the inclusion of a plaza at the corner of Seacrest Boulevard and NE 7th Avenue which fronts a 1,446 square foot community room. The site also includes a 3,250 square foot clubhouse, a swimming pool, and a 2,476 square foot tot lot. Staff request that the proposed tot lot area be expanded to include a recreational lawn for older children. This may be accomplished by relocating the eastern most building nine feet further north, leaving additional space available to the south for an added amenity area. This may also assist with the utility conflict with the tot lot see Exhibit C - Conditions of Approval). Design: The proposed building has a traditional residential design, featuring a smooth stucco finish, pitched roof with focal features, decorative cornices and banding, modulation of the facades, balconies with aluminum railings, building score lines, roof overhangs, and an earthtone color palette. Lighting: The photometric plans (Sheets E16.02 & E16.03) include 15 freestanding pole light fixtures. The poles and fixtures would be constructed of cast aluminum and the light fixtures would have a flat lens to ensure the on- site illumination would not "spill over" onto adjacent properties and rights- of-way as required by code. There are no spot readings in excess of the maximum 5.9 foot-candles allowed. Signage: Site and building signage has not been finalized and details will be submitted prior to requesting any sign permits for the site (see Exhibit C — Conditions of Approval). Public Art: The project is not subject to the Art in Public Places requirement as this is an affordable housing project. RECOMMENDATION Staff has reviewed this request for a new site plan and recommends APPROVAL, subject to 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\Ocean Breeze East\Ocean Breeze East MSPM 19-004\MSPM19-004 Ocean Breeze East Staff Report.doc 6 Page 612 of 701 LOCATION MAP EXHIBIT A NE 8th.�►ve - F ss„��s�. � - NE��7th �►ve; �= H� i r � � � , b N NE 5th �4ve � Z 'M1 nv t 0 2550 100 150 ++� Paq 3 *1 EXHIBIT B D 3 OA191SMIOV3S N ® p - El m N 7 �\ i 7 1 M I � P d C/) , CO �B � a Iz � o g _ > TI I l \ l S h n5 1 8X 7 I' a a 4 I Y vI ag � D. 133815 M 3N =e (D EL�gEg p T 11 s AI FR s �� sssm aaD, ��°3hsry ao � w om 3 N A a v w 3' B i o 0) m� C mP iY! m*� N N m D N E c D: v y A D d 3 �"' �a°Q Fco P. e�1 f 701 T.. `° v m m 0 wE El 0 w mm _ �—— m n E 0 m o. z z < ®o o© o0 D oo IML 0 a0 0 a�. it En D 0 0 0 o ,a © as as € ° 0 0 m� -N t El El MCIM-1101 o0 e 5 IIF-�-III II=5I��--III 0 RRIN W t v # 2 1 0 �g w � 00 0=== 0=6 w co- om e - m o 0 a z z D x co cf) o fl- - - - D s , °s sr�sn, a 3 N A g 3 p m f 701 m F� e1 wu;e6xr f�are6xr,` (A Z O O o0 El El 0o oo N OLS 0E-1 "O" OLS OJLJ Lj { { I { v CCD ❑0 i sli o� oI o0 00 I as as ooHim { C' 00 0o I oo { $ I � as o0 00 { g ❑� El 0it c� � ' £ It 9 a 00 0o F w o I a tH sae m Ck ffl=, o� ❑o C Wi C- I o { o w � it, 14, 141 o o ®oI ©� I 00 0o I oo i as as I oo I g ©o I ®o X.�a Mtit �O A w i mp , vMMl- IC6)m ° (D P. e 1 f 701 o�v m� �O OLS DD DD m nII o< o© o0 00 av � � K � W i m ❑0 AM I L m � Otit otiii Ell OL. Q F o0 OLILI 0 M it it 00 00 00 , © o0 0o o e N DD DD DD z O VIA o0 0o ooit3 S m sR m si it it l v � € O. ti ti o 9 OLS DD i DD i x n g 8 �I �I a a EXa > coO m c c ° (D P. e ( f 701 N axr; El � Z .:_. E El IM_ 00 00 0a , IM m < 00 a0 00 0 00 3' w 00 o. g' L�_J D 0 I T o t, al it 00 00 it � i gg "i LILI LILI � D ' El : 113 E01 El : LITE: $ m g m 00 00 00 � 0 o. g 00 00 00 Dit o 0 00 DO o v N H o 00 00 SII 0 00 a0 00 00 o 0 Eli D 0 00 00 0 00 00 w IM ❑o 0© 00 00 He Ef ra € o E=El X�a " .� m o O HHHHHHH N IM "� mc � �m 0 IN F� e 1 f 701 v mm �cf) _ A= O oo - 4 Aga a m' ol D 0 Fie e 1 f 701 EXHIBIT C Conditions of Approval Project Name: Ocean Breeze East File number: MSPM 19-004 Reference: 31d review plans identified as a Maior Site Plan Modification with a January 28, 2019 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT ENGINEERING / PUBLIC WORKS/ FORESTRY/ UTILITIES Comments: 1. The length of the parallel parking spaces will require submittal and X approval of an Engineering waiver. 2. Coordinate with FPL to provide FPL street lights on NE 7th Ave and X NE 1st St. 3. At the site entrance, please show the 15' safe corners (detail P-13). X Make sidewalk linear and parallel to safe corner. Please show this on the site plan and on the landscape plan. 4. At each property line please provide a cross section to ensure X constructability. 5. Provide screening for the residents from the headlights of vehicles X that would park at the southern property line. 6. Depict the 60 feet of clear space at the dumpster for truck backing- X up. 7. The north east dumpster appears to be blocking the sight distance of X the vehicles leaving the parking area west of building III. 8. On-site utility lines to be maintained by the City shall be located within X a dedicated utility easement. 9. The tot lot equipment shall not be located over a utility easement or X line. 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. Page 620 of 701 Ocean Breeze East (MSPM 19-004) Conditions of Approval Page 2 of 3 DEPARTMENTS INCLUDE REJECT PARKS AND RECREATION Comments: 10. Park impact fees will be required at time of building permit. X PLANNING AND ZONING Comments: 11. The survey depicts an existing 12' FPL easement. If it has not X already been abandoned, the applicant will need to file an Abandonment application with the City. 12. Please correct the "Lighting and Fixture Schedule" to reflect pole light X mounting height at 18 feet to match the detail on sheet E16.01 and correct the "Calculation Summary" to indicate a maximum of 5.7 foot- candles. Additionally, revise the photometric plan to ensure light levels do not exceed 0.3 foot-candles at property lines. 13. Revise color scheme of the dumpsters to match the buildings base X and trim colors. Revise the appropriate details. 14. Provide necessary infrastructure to be able to accommodate electric X vehicle chargers in the future and note those on the site plan. 15. On Seacrest Boulevard revise the landscape plan to depict a X minimum of two (2) layers of different shrub material, planted in a tiered fashion at different heights. 16. Street trees are to be planted in flexi-pave, not a landscape strip. X Please revise accordingly along all rights-of-ways. 17. Ensure that any proposed light poles on Seacrest Boulevard match X the existing poles. 18. Expand the proposed tot lot area to include a recreational lawn for X older children 19. Provide a School Capacity Determination letter approval from the X School District of Palm Beach County prior to issuance of permits. 20. Provide Floor Area Ratio calculations prior to permit issuance. X Page 621 of 701 Ocean Breeze East (MSPM 19-004) Conditions of Approval Page 3 of 3 DEPARTMENTS INCLUDE REJECT 21. Clearly identify each buildings setbacks from the property line and X from the back of curb. 22. Provide signage details prior to issuance of sign permits. X COMMUNITY REDEVELOPMENT AGENCY Comments: None. All previous comments addressed at DART meeting PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: 23. Relocated the existing handicap parking space to be centrally located X along each residential building. Also, provide an additional two (2) handicap parking space where feasible. 24. Ensure screening along the south property line contains dense X hedges maintained at a minimum of four (4) feet in height. 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\Ocean Breeze East\Ocean Breeze East MSPM 19-004\StaffRepo rt\Exhibit C-MSPM19-004 COA- PD.doc Page 622 of 701 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Ocean Breeze East (MSPM 19-004) APPLICANT: Ocean Breeze East, LLC APPLICANT'S ADDRESS: 7735 NW 146 Street, Suite 306, Miami Lakes, FL 33016 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: March 19, 2019 APPROVAL SOUGHT: Request approval for Ocean Breeze East Major Site Plan Modification for multi-family residential (rental apartments) consisting of 123 dwelling units within four three-story buildings, clubhouse, community space, and associated recreational amenities and parking on 3.95 acres. LOCATION OF PROPERTY: Southeast corner of Seacrest Boulevard and NE 7th Avenue 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\Ocean Breeze East\Ocean Breeze East MSPM 19-004\MSPMP19-004_DO.doc Page 623 of 701 8.E. PUBLIC HEARING 3/19/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 3/19/2019 REQUESTED ACTION BY COMMISSION: Approve Conditional Use and Major Site Plan Modification for the construction of a 1,927 square foot Taco Bell Restaurant, drive-through and related site improvements, located in a C-3 (Community Commercial) zoning district. Applicant: Raymond Funk, Coastal QSR, LLC EXPLANATION OF REQUEST: The 0.77-acre subject property consist of two parcels, both currently vacant. The applicant is requesting Conditional Use and Major Site Plan Modification approval for the construction of a 1,927 square foot Taco Bell Restaurant, drive-through, and related site improvements. The drive-through portion of the proposed use requires Conditional Use approval at the proposed location. The fast food restaurant is generally compatible with the remainder of the commercial uses on the corridor and with the surrounding residential properties; as such uses located adjacent to large residential developments are typically patronized by the residents within the neighborhood. The drive-through facility is located completely behind the restaurant structure and is not visible from South Federal Highway. The building's design is typical of most commercial structures with a mix of painted split face CMU block and textured stucco finish, with the fagade above the two entrances covered in a contrasting surface material called alumawood, which contributes to the overall focal points of the project entrances. The building has a flat roof with a parapet and a combination of earth tone and branded colors. Staff recommends approval subject to including all conditions of approval. The Planning and Development Board reviewed the item at the February 26, 2019 meeting and did not recommend approval. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT: Fiscal impact of the proposed use on adjacent and nearby properties, and the City as a whole, will be negligible, other than the enhanced condition of the property with the upgraded building and use on the site, permit fees and certificate of use fees. ALTERNATIVES: None recommended. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: N/A CLIMATE ACTION: CLIMATE ACTION DISCUSSION: N/A Page 624 of 701 Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Staff Report Taco Bell Staff Report D Location Map Exhibit A® Location Map D Letter Exhibit B ® Justification Letter D Drawings Exhibit C ® Project Plans D Conditions of Approval Exhibit D ® Conditions of Approval D Addendum Exhibit E ® Development Order Page 625 of 701 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 19-007 STAFF REPORT TO: Chair and Members Planning and Development Board THRU: Ed Breese Planning and Zoning Administrator FROM: Amanda Bassiely, AICP* Principal Planner DATE: February, 19 2019 PROJECT NAME: Taco Bell Restaurant COUS 18-005/ MSPM 18-007 REQUEST- Conditional Use approval associated with a request for Major Site Plan Modification approval for the construction of a 1,927 square foot Taco Bell Restaurant, drive-through and related site improvements, located in a C-3 (Community Commercial) zoning district. PROJECT DESCRIPTION Applicant: Raymond Funk, Coastal QSR, LLC Property Owner: Knuckles, LLC Agent: Craig L. Cornelison, Cornelison Engineering & Design Location: Northwest corner of South Federal Highway and SE 23rd Avenue (See Exhibit A— Location Map) Existing Land Use/Zoning: Local Retail Commercial (LRC)/ C-3 Community Commercial Proposed Uses: Fast food restaurant with drive-through facility Acreage: 0.77 Page 626 of 701 Taco Bell Restaurant COUS 18-005/MSPM 18-007 Page 2 Adjacent Uses: North: Developed multifamily property, classified Local Retail Commercial (LRC) and zoned C-3, Community Commercial; South: Right of way of SE 23rd Avenue; further south, developed commercial property, classified Local Retail Commercial (LRC) and zoned C-3, Community Commercial, (Sunoco gas station); East: Right-of-way of South Federal Highway; farther east, developed multifamily property, classified Special High Density Residential (SHDR) and zoned R-3, Multifamily; and West: Undeveloped commercial property, classified Local Retail Commercial (LRC) and zoned C-3, Community Commercial. PROPERTY OWNER NOTIFICATION Owners of properties within 400 feet of the subject project were mailed a notice of this request and its respective hearing dates. The applicant has certified that signage is posted and notices mailed in accordance with Ordinance No. 04-007. BACKGROUND/ PROPOSAL The 0.77-acre subject property consist of two parcels, both currently vacant. The applicant is requesting Conditional Use approval associated with a request for Major Site Plan Modification approval for the construction of a 1,927 square foot Taco Bell Restaurant, drive-through, and related site improvements. The drive-through portion of the proposed use requires Conditional Use approval at the proposed location. STANDARDS FOR EVALUATING CONDITIONAL USES AND ANALYSIS Section 11.2.D of the Land Development Regulations contains the following standards to which conditional uses are required to conform. Following each of these standards is the Planning and Zoning Division's evaluation of the application as it pertains to each of the standards. In addition, the applicant has submitted a separate detailed justification statement that addresses each of these standards (see Exhibit B—Justification Statement). The Planning & Development Board and City Commission shall consider only such conditional uses as are authorized under the terms of these zoning regulations and, in connection therewith, may grant conditional uses absolutely or conditioned upon adherence to conditions of approval including, but not limited to, the dedication of property for streets, alleys, recreation space and sidewalks, as shall be determined necessary for the protection of the surrounding area and the citizens' general welfare, or deny conditional uses when not in harmony with the intent and purpose of this section. In evaluating an application for conditional use approval, the Board and Commission shall consider the effect of the proposed use on the general health, safety and welfare of the community and make written findings certifying that satisfactory provisions have been made concerning the following standards, where applicable: Page 627 of 701 Taco Bell Restaurant COUS 18-005/MSPM 18-007 Page 3 1. Ingress and egress to the subject property and proposed structures thereon, with particular reference to automobile and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe. The subject property currently has one primary point of ingress and egress; the driveway is located on the SE 23rd Avenue near the west property line in order to maximize the distance between the entry point and the existing intersection. The proposed access provides adequate ingress and egress to the property for automobiles, pedestrians, and emergency/service vehicles. The proposed driveway is required to maintain an ingress/egress easement and will be shared with the property to the immediate west (see Exhibit D — Conditions of Approval). In addition, adequate pedestrian access will be accomplished by expanding the existing sidewalk on South Federal Highway to eight (8) feet in width and creating a connection from the proposed building, which also connects to an existing five (5) foot sidewalk along the south side of the project site. A traffic study was preformed by Traffic Planning & Design, Inc. for the applicant. The study indicates that the proposed use will generate 449 new net trips per day and 31 new P.M. peak hour trips. Approval from the county is required prior to permit issuance (see Exhibit D —Conditions of Approval). 2. Off-street parking and loading areas where required, with particular attention to the items in standard#1 above, and the economic, glare, noise, and odor effects the conditional use will have on adjacent and nearby properties, and the city as a whole. The minimum parking required for a restaurant is calculated at one (1) parking space per 2.5 seats or one (1) parking space per 100 square feet, whichever is greater. The use proposes 42 seats, which would require 19 parking spaces. Since the building has 1,927 square feet, 20 parking spaces are required. The site plan depicts 20 parking spaces immediately behind (to the west) of the building, one of which is a handicap parking space. The design of the parking areas is sensitive to the neighboring properties and is designed to include perimeter landscaping. 3. Refuse and service areas, with particular reference to the items in standards 1 and 2 above. A dumpster is proposed at the south west corner of the property, setback approximately 10 feet from the south property line. The refuse area is screened by both the six (6) foot wall and landscaping. Trash would be removed on a standard schedule and solid waste is not anticipated to increase significantly as a result of this application. 4. Utilities, with reference to locations, availability, and compatibility. The City of Boynton Beach Utility Department currently serves the site, and utilities would continue to be available and provided, consistent with Comprehensive Plan policies and City regulations. A 30 foot by 30 foot public easement is required for the relocated pump station adjacent to the west property line and SE 231 Avenue. An additional 10 foot public easement is required along the length of the south property line. The applicant will be required to construct two (2) manholes, one (1) at the western end of the easement and one (1) at the eastern end, the easement must also include 2" PVC sewer pipe and 8" gravity line each stubbed out and capped to the City's specifications. A developer agreement for Page 628 of 701 Taco Bell Restaurant COUS 18-005/MSPM 18-007 Page 4 the necessary utility improvements must be executed prior to permit issuance (see Exhibit D - Conditions of Approval). 5. Screening, buffering and landscaping with reference to type, dimensions, and character. The drive-through facility is located completely behind the restaurant structure and is not visible from South Federal Highway. Projects proposed in the Federal Highway District in the Community Redevelopment Area are subject to the "Pedestrian Zone" portion of the Land Development Regulations. These code provisions recognize the desire for reduced building setbacks, thus creating an urban setting. The purpose of the streetscape design concept is to create a landscape design that encompasses both the private and public domain, to blend the two areas into one unified landscape scheme and optimize the pedestrian experience. This is accomplished through hardscape and landscape choices, covered walkways (arcades, awnings, tree canopy), and streetscape amenities (benches, lighting, accent plantings). The landscape design proposed by the applicant depicts the use of street trees, lighting, and locating the building along South Federal Highway to address the public right-of way. The site plan depicts 34 palm trees and 22 trees throughout the property. As the City requires the planting of trees every 25 feet on-center along vehicular use areas, the applicant shall revise the landscape plan at time of permit submittal to depict a tree every 25 feet on-center along the north side of the drive-through. Palm species include, Sabal, Royal, and Alexander. Tree species include Black Olive, Densa Pine, Green Buttonwood, Glaucous Cassia and Orange Geiger. Trees will be provided ranging in overall height from 12 feet to 21 feet; shrubs and hedges provided will range from 10 inches to 36 inches in height. The plant material chosen will be native and/or drought-tolerant. 6. Signs, and proposed exterior lighting, with reference to glare, traffic safety, economic effect, and compatibility and harmony with adjacent and nearby properties. The project proposes the installation of five (5) new light poles. In an effort to minimize glare and impact on surrounding properties, the light fixtures will be full cutoff design, and the light levels are depicted to be below the code maximum of 5.9 foot-candles. The light poles will have an overall height of 20 feet. Relative to signage for the project, the applicant is currently depicting two (2) wall signs, however signage has not been fully designed, therefore staff recommends conditions of approval that require staff review and approval of sign design prior to permitting (see Exhibit "D" —Conditions of Approval). 7. Required setbacks and other open spaces. The proposed restaurant meets the minimum setback requirements of the C-3 zoning district within the Urban Commercial District Overlay Zone. The overlay district requires no building setbacks, but rather a zero (0) build-to line. However, the building setbacks may be increased up to 15 feet administratively, without benefit of a community design appeal, in areas where the intent is to 1) enhance public spaces such as sidewalks, plazas, fountains, or outdoor seating areas; 2) optimize landscape design; 3) maximize on-site drainage solutions; and/or 4) accommodate architectural features and building enhancements. This requirement would apply to all building facades fronting South Federal Highway. The building setback is measured from the property line to the exterior surface of the building or supporting columns. Along South Federal Highway, the proposed building is setback 13 and Page 629 of 701 Taco Bell Restaurant COUS 18-005/MSPM 18-007 Page 5 one-half feet; along SE 23rd Avenue, the building is setback 32.45 feet. The building is set back 41.21 feet from the north property line and approximately 190 feet from the west property line (see Exhibit D —Conditions of Approval). 8. General compatibility with adjacent properties, and other property in the zoning district. The fast food restaurant is generally compatible with the remainder of the commercial uses on the corridor and with the surrounding residential properties; as such uses located adjacent to large residential developments are typically patronized by the residents within the neighborhood. The building's design is typical of most commercial structures with a mix of painted split face CMU block, textured stucco finish and alumawood focal point. The building has a flat roof with a parapet and a combination of earthtone and branded colors. 9. Height of building and structures, with reference to compatibility and harmony with adjacent and nearby properties, and the city as a whole. The building is designed as a one-story structure, with the parapet wall at a height of 22 feet and two (2) inches, which is compatible with the structures on neighboring properties, and under the maximum allowable height of 45' in the C-3 zoning district. 10. Economic effects on adjacent and nearby properties, and the city as a whole. The overall economic effects of the proposed use on adjacent and nearby properties, and the City as a whole, will be negligible, other than the enhanced condition of the property with the upgraded building and use on the site, permit fees and certificate of use fees. It is a local convenience as intended by LRC future land use designation. Coffee, breakfast, lunch, and snacks are staples for neighborhood businesses and residents. Additionally, it is creating employment opportunities for the residential communities. 11. Where applicable, the proposed use furthers the purpose and intent of a corresponding mixed use zoning district or redevelopment plan; A mixed use zoning district or redevelopment plan is inapplicable to this project. 12. Compliance with, and abatement of nuisances and hazards in accordance with, the performance standards of Chapter 2, Section 4.N. of the City's Land Development Regulations and conformance to the City of Boynton Beach Noise Control Ordinance. The project would not create smoke, odors, fumes, or toxic matter that would negatively impact the neighboring properties. All restaurant activities take place entirely within the fully enclosed building. 13. Required sound study and analysis. All conditional use applications for bars, nightclubs and similar establishments shall include the following analysis performed by a certified acoustic engineer: a. Data on the sound emitting devices/equipment and the methods and materials to be used to assure that the acoustic level of the City Code will be met; b. The analysis shall specify the authority and/or basis for determination of the acoustic level of the sound emitting devices/equipment; c. The analysis of any sound retention, reduction or reflection shall include information such as the nature, types and coefficients of sound absorbent and sound-reflecting materials to be used, coatings of the surfaces of ceilings, walls, windows, and floors and insulation to be used; and/or d. It shall also verify that sound standards shall Page 630 of 701 Taco Bell Restaurant COUS 18-005/MSPM 18-007 Page 6 be met during the normal opening of doors for people entering and exiting the establishment. This standard is inapplicable to this project because the proposed use is neither a bar, nightclub, nor similar establishments. RECOMMENDATION Based on the information contained herein, compliance with development regulations and conditional use standards, staff recommends APPROVAL of this request for conditional use and major site plan modification, subject to satisfying all conditions of approval recommended by staff as contained in Exhibit "D" — Conditions of Approval. Any additional conditions of approval recommended by the Board and required by the City Commission will be placed in Exhibit "D" accordingly. Furthermore, pursuant to Chapter 2, Article II, Section 2.0 Conditional Uses, a time limit is to be set within which the proposed project is to be developed. Staff recommends that a period of 18 months be allowed to receive the necessary building permits. S:\Planning\SHARED\WP\PROJECTS\Taco Bell\StaffReport\StaffReport-COUS18-005 MSPM18-007.doc Page 631 of 701 EXHIBIT A LOCATION MAP IF { } tet kk k i� r q E S E 23 rc1 Awe y sr, ' s i t 0 15 30 60 90 Feet Page 632 of 701 LOIRNELISON EXHIBIT B C' ED- ENGINEERING & 38039 Old 5cn Avenue „` "" DESIGN, INC. Zephyrhills,FL 33542 Tel.(813)788-7835 Fax.(813)788-7062 June 14, 2018 www.cornelison-eng.com City of Boynton Beach Planning &Zoning Division 100 East Boynton Beach Boulevard Boynton Beach, FL 33435 Tel. (561) 742-6260 RE: Letter of Justification Taco Bell, 2319 S. Federal Highway, Boynton Beach Parcel ID No. 08-43-45-33-06-000-0010 (portion of) To Whom It May Concern: This Letter of Justification is to request Conditional Use approval for the construction of a 1,918 SF Taco Bell restaurant with drive-thru and related site infrastructure.We believe this request is consistent with other fast-food restaurants permitted in nearby areas of the City and is also consistent with the City of Boynton Beach's Land Development Regulations (Chapter 3, Article IV, Section 4). Below are the standards used to evaluate a Conditional Use Application: 1. Ingress and egress to the subject property and proposed structures thereon,with particular reference to automobile and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe. The site will be accessed via a proposed driveway to/from SW 23rd Avenue along the left(west)property line, which will provide adequate ingress and egress to the property for automobiles, pedestrians, and emergency/service vehicles and/or staff. The proposed driveway will be shared with the property to the immediate west of the entrance. In addition, adequate pedestrian access will be accomplished by a sidewalk connection to be constructed from the proposed building to the existing sidewalk along the front of the site(along S. Federal Highway), which also connects to the existing sidewalk along the south side of the project site, along SE 23rd Avenue. 2. Off-street parking and loading areas where required, with particular attention to the items in subsection C.1. above, and the economic, glare, noise, and odor effects the conditional use will have on adjacent and nearby properties, and the city as a whole. Adequate off-street parking will be provided for the proposed project; the parking spaces shown on the proposed site plan exceed the spaces required. The design of the proposed use will incorporate elements to minimize any noise, glare, economic, and/or odor effects on adjacent and nearby properties and the City as a whole. Landscaping will be placed along the perimeter of the site to further screen, buffer, and mitigate the facility from having any impact on adjacent properties. Site deliveries will be made when the restaurant is closed to not interfere with restaurant operations. 3. Refuse and service areas, with particular reference to the items in subsection C.1. and C.2. above. A dumpster with enclosure will be situated on the site with adequate access for refuse trucks to service the project per the City's requirements. 4. Utilities, with reference to locations, availability, and compatibility. There are existing utilities near or adjacent to the site, which will provide adequate access to water, sewer, electric, and phone service. Existing electric lines and a fiber-optic vault are to the east of the property along S. Federal Highway; an existing water meter is near the southeast corner of the site; and there is an existing City lift station adjacent to the south property line along SE 23rd Avenue. These utilities are compatible with other existing services in the area and adjacent properties. Page 633 of 701 CORNELISON ENGINEERING& DESIGN,INC. City of Boynton Beach, Conditional Use Justification June 14,2018, Page 2 5. Screening, buffering and landscaping with reference to type, dimensions, and character. Screening, buffering, and landscaping will be designed in accordance with City standards. Trees, shrubs, and hedges will be utilized to incorporate the general characteristics of the proposed use, the surrounding areas, and similar uses in the City. Various types of trees will be provided ranging in overall height from 12'to 21';shrubs and hedges provided will range from 10"to 36"in height. 6. Signs, and proposed exterior lighting, with reference to glare, traffic safety, economic effect, and compatibility and harmony with adjacent and nearby properties. The signage and proposed exterior lighting will be compatible and in harmony with adjacent and nearby properties and will be placed in such as manner as to avoid glare and prevent safety hazards for traffic. 7. Required setbacks and other open spaces. The proposed use will be positioned on the property to meet all applicable setbacks and open space requirements. 8. General compatibility with adjacent properties, and other property in the zoning district. The proposed use is compatible with the adjacent properties and other property in the zoning district. 9. Height of buildings and structures, with reference to compatibility and harmony to adjacent and nearby properties, and the City as a whole. There will be a one-story, 22'building on the property, which is compliant with City standards, as well as compatible and in harmony to adjacent and nearby properties and other fast-food restaurants in the City. 10. Economic effects on adjacent and nearby properties, and the City as a whole. The proposed use will not hinder the development or economic stability of nearby properties or the City as a whole. As a new development, the proposed project will have a positive effect on the area and increasing the value of surrounding properties. 11. Where applicable, the proposed use furthers the purpose and intent of a corresponding mixed-use zoning district or redevelopment plan. Not applicable (proposed site is zoned C-3). 12. Compliance with and abatement of nuisances and hazards in accordance with the operational performance standards as indicated in Chapter 3, Article IV, Section 1 and the Noise Control Ordinance, and City Code of Ordinances Part II, Chapter 15, Section 15-8. The proposed use will be designed in compliance with the operational performance standards referenced above. There will be minimal pollution and noise as there is with any construction;the noise will not exceed the City's noise ordinance. Construction times will be the same as all other general construction projects (typically 7:00 am to 4:00 pm, Monday-Friday). If you should have any questions, please do not hesitate to contact me. Very truly yours, L NE I ONEL ERING & DESIGN, INC. c,raig L. ,or 1�s , Flori c #55433 CLC:mac 1105059\TB Boynton Beach\City\Conditional Use Justification Page 634 of 701 Lu j��YJ{'y� l�A U Y c; r�3 % cm SLY p .7 '/UIy stlall y'1Io") f y tis WR HE r� OP 10 Hal NM - "T-! 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GA-19 AV' I 4 1— -P'NVId—Hl �d Na'i- 91 0A. r fz d I -cid a 6GO5oIIA d��+�� EXHIBIT D Conditions of Approval Project Name: Taco Bell Restaurant File number: COUS 18-005/ MSPM 18-007 Reference: 31d review plans identified as a Maior Site Plan Modification with a February 13, 2019 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT ENGINEERING / PUBLIC WORKS/ FORESTRY/ UTILITIES Comments: None. All previous comments addressed at DART meeting. 1. Provide a 30 foot by 30 foot public utilities easement for pump station X located on SE 231d Avenue on the west side of the west property line. The easement is to be recorded at the county prior to permit issuance. 2. Provide a ten (10) foot public utilities easement along SE 231d X Avenue. The easement is to be recorded at the county prior to permit issuance. 3. A Developers Agreement addressing the construction of the pump X station is to be completed prior to permit issuance. 4. Additional comments may be rendered at time of permitting. X 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: None. PLANNING AND ZONING Comments: 5. A cross-access easement is required to maintain access to the X Page 644 of 701 Taco Bell Restaurant(COOS 18-005/MSPM 18-007) Conditions of Approval Page 2 of 3 DEPARTMENTS INCLUDE REJECT remaining parcels to the west. 6. On Sheet C04, there are improvements depicted within the utility X easement along the north side of the property. Please provide written authorization for the encroachment, seek and receive abandonment approval, or remove encroachment. 7. Increase the height of the shrubs planted on the east and south of X the building to a four foot minimum, to offset the height of the finished floor and ramps. 8. Provide Palm Beach County Engineering approval of the proposed X project to ensure they will not require a corner clip or additional right- of-way. 9. Revise cool white lighting to warm white. X 10. Although review of signs for compliance with codes will be conducted X at time of permit submittal, please be aware the logos (such as the "bell") placed on building facades are limited to 20% of the individual worded sign it is associated with, or a maximum of 9 square feet. 11. Landscaping around the dumpster enclosure shall be planted at a X minimum of one-half the height of the enclosure. 12. Per the Community Design Standards for drive-through facilities, the X building fagade on which the drive-through window is located shall have windows that occupy no less than 25% fagade, located at pedestrian level. A maximum of 10% of this 25% may be non- transparent. Provide dimensions and show calculations. 13. This project is subject to the public art program. Submit an X application and coordinate with the City's Public Art Manager. 14. A unity of title will be required for the remaining three parcels to the X west. 15. Revise the landscape plan to depict the 25 trees on-center along all X vehicular use areas at time of permit submittal. 16. Clearly dimension the setback of the building from each property line X to the closest point of the building. 17. Sanitary sewer lines shall be placed underneath the sidewalk to X maximize the landscaping types allowed in the east and south perimeter landscape buffers. 18. Additional comments may be rendered at time of permitting. X Page 645 of 701 Taco Bell Restaurant(COOS 18-005/MSPM 18-007) Conditions of Approval Page 3 of 3 DEPARTMENTS INCLUDE REJECT COMMUNITY REDEVELOPMENT AGENCY Comments: None. All previous comments addressed at DART meeting PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: None. 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\Taco Bell\StaffReport\Exhibit D-COUS18-05 MSPM18-007 COA-PD.doc Page 646 of 701 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Taco Bell Restaurant (COUS 18-005/ MSPM 18-007) APPLICANT: Raymond Funk, Coastal QSR, LLC APPLICANT'S ADDRESS: 1340 Hamlet Avenue, Clearwater, FL 33756 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: March 19, 2019 APPROVAL SOUGHT: Request Conditional Use and Major Site Plan Modification approval for the construction of a 1,927 square foot Taco Bell Restaurant, drive-through and related site improvements, located in a C-3 (Community Commercial) zoning district. LOCATION OF PROPERTY: Northwest corner of South Federal Highway and SE 231d Avenue 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\Taco Be11\StaffReport\MSPMP18-007_DO.doc Page 647 of 701 11.A. NEW BUSINESS 3/19/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 3/19/2019 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. (Tabled to March 19, 2019) 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 648 of 701 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 --F 7rn)I Pa 11.B. NEW BUSINESS 3/19/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 3/19/2019 REQUESTED ACTION BY COMMISSION: The Mayor has requested a discussion concerning a Community I D Program. Attached is information from the PEACE organization regarding Community I D programs. 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: ATTACHMENTS: Type Description D Attachment Community ID Program Info Page 650 of 701 ACE PEACE-People Engaged in Active Community Efforts-is an organization made up of congregations from throughout Palm Beach County. Founded in 1991,we use the power of large numbers of organized people to solve critical community problems.We are not a direct service provider,rather we are a grassroots,direct action,multi-issue organization. The Community ID-Program The Palm Beach County Community ID Program will be a program coordinated by the Legal Aid Society of Palm Beach County.Modeled after a successful program in Greensboro,North Carolina(Faith Action ID Initiative),our Community ID Program will issue IDs to any resident of the County who is in need of an ID,to use as a valid,accepted form of identification. Ultimately,the Community ID Program will make the cities which take part in the Program more inclusive,welcoming,safe spaces for all of their residents. Those in need of an ID are- • Homeless • Undocumented residents of our County • Persons re-entering our community after having served time in Prison/Jail • Elderly • And more ... Some of the people above are US adzens Can't they justget a State ID? Yes,they can.But the process for doing so can often be difficult and time-consuming.The benefit to having a Community ID for US citizens without an ID,is that they can access much needed services more immediately,and the Community ID can be used as a stepping stone to getting a state ID(for example-a bank statement is something that can be used to prove residency for a state ID;a Community ID can be one form of identification used to obtain a bank account). What is needed to get an ID? Acceptable proof of identify and proof of local residence will be required to secure an ID.The ID will have a photo,date of birth,and local address. What are the benefits of having a Community ID? • Accessing city/county/nonprofit services • Positive interactions with law enforcement • Opening a bank account • Access to health care service • Gaining access to gated communities for work • And much more... What are the benefits to the cities of accepting these community ID's? • Increased participation in Census 2020 • Increased residents=more$$$for the cities • Increased civic life and engagement • Increased trust and communication between marginalized populations and law enforcement Page 651 of 701 78-2018 RESOLUTION NO. 78-2018 OF THE CITY OF LAKE WORTH, FLORIDA, AFFIRMING PARTICIPATION IN AND ACCEPTANCE OF COMMUNITY ID CARDS; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Lake Worth fosters a welcoming environment for all its residents, regardless of race, ethnicity, or place of origin, and WHEREAS, fostering a welcoming environment has enhanced and will continue to enhance our city's cultural fabric, economic growth, global competitiveness and overall prosperity for current and future generations, and WHEREAS,the Mayor and City Commission recognize that in today's society, some form of identification with photograph Is necessary to access so many services, such as banking, enrolling in city programs and services, entering schools, receiving care in a hospital, or even visiting someone in a hospital; and WHEREAS, it is often difficult to access official government ID for many residents of our community, including, but not limited to, the elderly, immigrants, former inmates, homeless persons, persons from out of state;and WHEREAS, numerous communities, large and small, throughout our nation, including, but not limited to, Aiken, SC, Cincinnati, OH, Greensboro, NC, Mercer County, NJ have adopted a community ID card, which conforms to security standards, while being accessible to those who cannot access a government ID; and WHEREAS, the City of Lake Worth encourages the business leadership, civic groups, other government agencies and community institutions and residents to join in a community-wide effort to expand prosperity and inclusion for all residents. NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF LAKE WORTH, FLORIDA: Section 1. The City of Lake Worth will recognize and accept as appropriate identification to access city services, the Community ID card to be issued by the PEACE/Legal Aid Community ID Coalition; Section 2. The City of Lake Worth by its Mayor and Commission urges and encourages the business leadership, civic groups, other government agencies and community institutions and residents to recognize and participate in the Community ID program by recognizing the Community ID as valid ID, and by obtaining and using a Community ID card for themselves, as part of a community-wide effort to expand prosperity and inclusion for all residents. Page 652 of 701 FAITHACTION ID PROGRAM 44fi a u An ID is just apiece of plastic until a human being gives it a name, a face, and a story, and a community gives it value and integrity. What is the purpose of the FaithAction ID card program? To build greater understanding,trust and cooperation between local law enforcement and other local sectors and our diverse community. Our goal is to create safer, more inclusive and united communities for all. What does a FaithAction ID do? The FaithAction ID card provides card holders with a reliable form of identification that can be used as a tool by law enforcement, city departments,health centers, schools, businesses, and cultural arts organizations to better identify, serve, and protect us. Why is the FaithAction ID program needed? Many community residents, including many citizens, do not have the necessary requirements to receive a state issued ID card or driver's license. They are often required to prove their identity for numerous reasons each day, and without a reliable ID may not be able to identify themselves with law enforcement,receive urgent services with schools, health centers, city departments, and social service agencies, or participate in the cultural and business life of their community. Who has a FaithAction ID card? The FaithAction ID card is available to any resident who may have limited access to government issued ID card, as well as those who support safer,more inclusive and united communities. Participants who have especially benefited from the program include new Page 653 of 701 What is the FaithAction ID network? A collection of nonprofit organizations, faith communities, and community groups in numerous cities that have agreed to utilize the exact same FaithAction ID drive and dialogue model, and vetting process. Partners participate in monthly calls to share updates and best practices. Current partners responsible for coordinating FaithAction ID network programs include: 0 FaithAction 0 Blessed Sacrament 0 Catholic Charities of SW International House in Catholic Church in Ohio Greensboro,NC Burlington,NC 0 Metro Area Religious 0 Hispanic League in 0 The Latin American Coalition of Cincinnati Winston-Salem,NC Coalition of Charlotte,NC 0 El Centro Hispano in 0 St. Mary's Catholic Durham,NC Church in Aiken, SC How does the ID program build trust with local law enforcement,and other local sectors? Several law enforcement officers are present for each ID drive, and engage in remarkably positive dialogue with ID participants. Officers listen to the needs and concerns of the community, while also educating the community on laws, and ways to report and help resolve crimes. It is not uncommon for crimes to be privately reported to trusted officers at ID drives. What is the impact for our communities? After just one year of the program, law enforcement in Greensboro publicly shared that a dozen serious crimes had been reported and resolved by participants in the FaithAction ID program, and other law enforcement partners have experienced similar success in creating safer communities. Additionally, FaithAction recently interviewed 200 FaithAction ID card holders, and over 95% said that they had found the ID very useful with community partners, and that they felt safer, and more likely to report and resolve crimes after having had positive interaction with local law enforcement at ID drives. City and social service agencies, health centers, and schools have additionally reported how helpful the ID has been to establish identity for crucial services and records, and businesses/cultural arts organizations have also greatly appreciated attracting and integrating new diverse customers and participants. 4 ,w Page 654 of 701 For Internal Use Only FAMiAC'Tt N INTERNATIQNAL HOUSE TURNING STRANGERS INTO NEIGHBORS! 705 North Greene Street ♦ Greensboro,North Carolina 27401 • Telephone: 336-379-0037 t Website: www.faithaction g Acceptablep Proof of ID Accc table Adde+ess Docnmenta • Passports • Utility bill(cable,water,electricity,gas, • North Carolina driver's license or ID card internet,phone) (expired or current)if hologram is visible • Rental agreement(if it is currently valid) • Out of state driver's license • Receipt for rent payment(only if they • Foreign national ID cards(from have the address) individual's home country),sometimes • Bank statements labeled as"voter ID cards" • Medical bills/Medicaid • Matricula consular(embassy ID) • NC driver's license or state ID card • Previously issued FaithAction ID Card . Credit Card Bill • Military ID cards,either from US or from individual' *All proof of address documents must be within the past 3 months *For individuals who do not have their name on address documents,they must find a way to add their name before we issue ID Acce table Burden of Proof Documents Acceptable Burden of Proof Address • Original birth certificate • Credit card bill or any other legitimate • Health records business mail with their name and address • ITIN documents • Personal mail(must be postmarked) • Notarized letters from trusted family or • Notarized letters from trusted family or community advocate community advocate • Community/school ID card • P.O.Box(only if it is clear that this is a • B 1/32 card substitute for the official home address, • Bank identification cards and the home address matches what is on • Employee ID card the intake sheet).Note PO Box address • Military ID cards,either from U.S.or cannot be used on FaithAction ID from individual's home country *2-3 burden of proof documents aired *2-3 burden of proof documents required Unacce table Proof of ID Unacce table Proof of Address Local shop ID cards • Copies of documents • Foreign national driver's license • No old,worn,or deteriorated documents where the name and/or picture is not legible • Copies of documents *All FaithAction IDs missing documentation will be held in the office for 90 days or discarded). *Clients must either bring missing documentation to the office or mail originals if from far away. *Cost and type of payment:all FaithAction IDs are$10 and must be paid in cash. *Clients missing either proof of address or ID may go through the line and get their picture taken.If missing both proofs,we can invite them to the office to talk about what they need to bring next ID drive. Page 655 of 701 11.C. NEW BUSINESS 3/19/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 3/19/2019 REQUESTED ACTION BY COMMISSION: Authorize Vice Mayor Romelus to travel to the Advanced Institute for Elected Municipal Officials (I EMO) training to be held in Tampa, FL April 12-13. EXPLANATION OF REQUEST: Vice Mayor Romelus has attended the Basic Advanced Institute for Elected Officials and requests authorization to attend this next portion of training. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: Budgeted The registration fee, lodging and travel expenses will be approximately $850. Funds are available to cover the associated costs. Acct No.:001-1110-511-40-12 - Business Meetings ALTERNATIVES: Do not allow participation in the training program. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 656 of 701 12.A. LEGAL 3/19/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 3/19/2019 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 657 of 701 ATTACHMENTS: Type Description D Minutes Minutes of the October 31, 2018 Commission meeting D Attachment Article 2, Section 8 Page 658 of 701 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 659 of 701 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 660 of 701 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 661 of 701 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 662 of 701 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 663 of 701 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=52d95aOca8&view=pt&search=all&permthid=thread-P/®3Ai615772138400993174°/®7Cmsg-f°/®3A1615772138400... 1/2 Page 664 of 701 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 665 of 701 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 666 of 701 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 667 of 701 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 668 of 701 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 669 of 701 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 670 of 701 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 671 of 701 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 672 of 701 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 673 of 701 d Page 674 of 701 . 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 675 of 701 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 676 of 701 . 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 677 of 701 8. Ethics in government, FL CONST Art.2 No c l irn to original U.S. Government Works. 4 Page 678 of 701 12.B. LEGAL 3/19/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 3/19/2019 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". (Tabled to March 19, 2019) 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 679 of 701 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 680 of 701 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 681 of 701 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 682 of 701 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 683 of 701 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 684 of 701 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 685 of 701 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 686 of 701 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 687 of 701 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 688 of 701 12.C. LEGAL 3/19/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 3/19/2019 REQUESTED ACTION BY COMMISSION: PROPOSED ORDINANCE NO. 19-011 - SECOND READING -Approve ordinance amending Part 111, Chapter 2, Article I, Section 5 of the Land Development Regulations to update the City's Green Building Program EXPLANATION OF REQUEST: The City's Green Building Program, codified in 2011 through Ordinance No. 11-014, establishes procedures and incentives for the voluntary incorporation of green building practices into development proiects. The program included the creation of a "Green Building Fee" that is paid at the time each type of building construction permit is issued. The program was slightly amended in 2015 (Ordinance No. 15-020). The City's Sustainability Coordinator now recommends updating the Green Building Program to more effectively incentivize green building practices and distribute the revenue collected through the Green Building Fee. The attached ordinance modifies the Green Building Program as follows: • Revises the "Government Leadership" section to reflect the City's current goals of inventorying and reporting annual greenhouse gas emissions, and updating the City's Climate Action Plan every 5 years • Separates the Green Building Fee and Fund into individual sections, rather than combined into the section "Fees and Tax I ncentives," for clarity. • Expands the "Green Building Fund" to a "Green Building/Sustainable Community Fund" and specifies a wider array of fund uses to achieve community-wide sustainability goals. [Note that the ordinance does not change the Green Building Fee.] • Establishes simple standards for program participation (i.e., third-party green building certification by LEED, Green Globes, IGCC, FGBC, or another recognized certification program) • Establishes a Green Building Certification Grant as the primary financial incentive for participation. • Eliminates language referencing the CRA and its funding programs • Streamlines the marketing incentives and eliminates the Green Building Award HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The City will now offer grants to certified projects, in the form of a reimbursement upon receipt of certification documentation. Grant amounts will be made public on the City's GoGreenBoynton Beach.com website. By revising the uses of the Green Building/Sustainable Community Fund, this ordinance will enable the City to implement more sustainability initiatives in the Boynton Beach community. This is the City's primary funding source for community-wide sustainability programs, but has not been effectively used as a result of restrictive language in the original 2011 ordinance. FISCAL IMPACT: Non-budgeted The City's budget is not affected because the Green Building Fee and Fund are separate from the City's General Fund. ALTERNATIVES: Not approve the ordinance and leave the Green Building Program as it is. STRATEGIC PLAN: Page 689 of 701 STRATEGIC PLAN APPLICATION: CLIMATE ACTION: Yes CLIMATE ACTION DISCUSSION: Climate Action Plan 2015 Revision, Initiative SC-15: Incorporate sustainable building and neighborhood ratings or national model green building codes, including but not limited to those defined in Section 255.253(7) of the Florida Statutes into municipal codes. Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Ordinance Ordinance revising Green Building Page 690 of 701 I ORDINANCE NO. 19- 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH FLORIDA 4 AMENDING PART III LAND DEVELOPMENT REGULATIONS 5 CHAPTER 2, LAND DEVELOPMENT PROCESSES, ARTICLE I, 6 SECTION 5 UPDATING THE PROVISIONS OF THE CITY'S 7 VOLUNTARY GREEN BUILDING PROGRAM; REVISING THE 8 USES OF REVENUE COLLECTED THROUGH THE CITY'S 9 "GREEN BUILDING FEE"; PROVIDING FOR CONFLICTS, 10 SEVERABILITY, CODIFICATION,AND AN EFFECTIVE DATE. 11 12 WHEREAS, a green building, also known as a sustainable building, is a structure that 13 is designed, built, renovated, operated, and/or reused in an ecological and resource-efficient 14 manner; and 15 16 WHEREAS,the City of Boynton Beach recognizes several rating systems that provide 17 standards for green building construction, including the Leadership in Energy and 18 Environmental Design (LEED) rating system, the International Green Construction Code 19 (IGCC), the Green Globes rating system, and the Florida Green Building Coalition standards; 20 and 21 22 WHEREAS, the City has committed to reduce its greenhouse gas emissions and 23 improve access to sustainable energy through the adoption of the City of Boynton Beach 24 Climate Action Plan and participation in the Global Covenant of Mayors for Climate and 25 Energy; and 26 27 WHEREAS, the purchase of electricity in buildings accounted for approximately 72% 28 of greenhouse gas emissions from City Operations, and approximately 46% of greenhouse gas 29 emissions in the Boynton Beach community in 2017; and 30 31 WHEREAS, the City Commission passed Ordinance No. 11-014, in April 2011, to 32 create provisions for a voluntary green building program for the City of Boynton Beach; and 33 34 WHEREAS, the City staff has reviewed the green building program and determined 35 that it should be updated to more effectively incentivize green building practices and distribute 36 the revenue collected through the City's "Green Building Fee"; and 37 38 WHEREAS,upon the recommendation of staff, the City Commission deems it to be in 39 the best interest of the citizens and residents of the City to amend Part I11, Chapter 2, Article I, 40 Section 5 of the Land Development Regulations to update the City's Green Building Program. 41 42 NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 43 THE CITY OF BOYNTON BEACH, FLORIDA,AS FOLLOWS: 44 45 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 46 being true and correct and are hereby made a part of this Ordinance. 1 Page 691 of 701 47 48 Section 2. Chapter 2, Article I, "Overview," of the Land Development Regulations, is 49 hereby amended by adding the words and figures in underlined type, as follows: 50 51 CHAPTER 2,ARTICLE 1. OVERVIEW: 52 53 Sec. 5. Green Building Program. 54 A. Purpose and Intent. The Green Building Program establishes procedures and incentives 55 for the implementation of green building standards. The program is intended to encourage the 56 incorporation of green building practices into development projects. The program may be 57 applied to any development within the city, including redevelopment projects and government 58 initiated development projects, submitted for city review. 59 B. Government Leadership. To demonstrate the city's commitment to a groori b,,_.1. ;.,F 60 pregramsustainability, the city shall comply with a sustainable building rating system or a 61 national model green building code for all 62 government buildings pursuant to F.S. § 255.2575(2), and 63 1. Tae1-Znventory and report the city's annual greenhouse gas 64 emissions from municipal operations: and 65 2. P44sh ai aff*ff lnventory and report community-scale greenhouse gas emissions 66 ^_i+'ifies the y!-s at least once every 5 years, and 67 3. Update the city's Climate Action Plan including greenhouse gas reduction targets and 68 climate adaptation goals at least once every 5 years aeFg< n - ftte „Ro�,o��r 69 70 C44Re-te-Ae+4)n Plan �a4iativ-e-s-. 71 C. Scope and Applicability. This voluntary program applies to all lands private and public 72 within the city and the city-owned well fields. The scope of its application shall be for 73 development approvals and building permits submitted for the voluntary green building 74 program. Such plans and approvals shall be reviewed for compliance with the appropriate 75 parts of the adopted city's Comprehensive Plan and the land development regulations in 76 addition to the -eefd -ements- of the Green Building Standards Preg rdetailed in Section E 77 below. 78 D. Green Buildin /Sustainable Communi Fund. There is established a fund deli Hated 79 as the Green Building/Sustainable Community Fund herein referred to as "Fund " 80 separate from the General Fund of the City of Boynton Beach. All additional monies obtained 81 in connection with the Green Building Fee (siibeafah bee=T Subsection E belowl shall 82 be deposited into the Fund without regard to fiscalyear limitations and used solely to pay the 83 cost of operating and maintaining the Fund for the nurooses contained in this subsection. All 84 funds, interest and other amounts deposited into the Fund shall not be transferred or revert to 85 the General Fund of the city at the end of any fiscal year or at any other time. but shall 86 continually be available for the uses and purposes set forth in this section. The Ftin a shall be 87 ise-1 as �ellews The fund shall be used for initiatives that promote green buildingjjractices 88 and enhance the sustainability of the Bovnton Beach community, which may include the 89 following: 90 (1) Incentive funding for green building certification of private buildings as 91 described in Subsection G below 2 Page 692 of 701 92 (2) Incentive funding for energy efficiency, water efficiency, and renewable energy 93 in private buildings 94 (3) Expansion of electric vehicle (EV) infrastructure, bicycle/pedestrian facilities, o 95 transit options for community use 96 (4) Incentive funding for private-sector recycling, composting, or waste-reduction 97 activities 98 (5) Development of green infrastructure including canopy trees, living shorelines, 99 green roofs, green walls, vertical gardens, bioswales, or rain gardens 100 (6) Education, training, and outreach to the public and private sectors on green 101 building, water conservation, energy efficiency, renewable energy 102 change, flood mitigation, green infrastructure, sustainable transportation, or waste 103 reduction. 104 —san --n+—geeststee ..... —Laflee V.aH review, 105 QVide fe6--j,.,,1 ass; 106 flispee6efis af+--, of gf:eef+ Id e feefi. 107 Btii1ding Pr-gt� 108 E -ea+EfE)ft'-4jf ..e S—EWS E)H afeef+ 109 110 --ef4ave 1-fidifie f8f-j%iblie af+ e tfiklifiaS as J3 EW-Eled 14efe III establishing a Energy Effieieney/wa+er-f'onse, a4i;51i-ze--1 elving b0=a=ff4H*d- 112 .......................................... I A T--e 1 -.9 -.-- f+'Ive 1i A w7e fe-1--f+efay e..fefefl -af+-Wa+ef eE)HS,. 113 owne � +— ---+ A—e+;— Q141-- -e .-H Oaf a v,+® 7 in +he 1-1;maLe Aetion -F=r 114 115 E---c-. Green Building Fee. A Green Building Fee, herein referred toas "Fee" is 116 established to fund the implementation of this program and the Fund. Current fee schedules 117 shall be maintained and available to the ublic in the DevelopmeULDejaartment. Fees shall be 118 paid at the time each type of building construction permit is issued_ accordingto the fee 119 schedule approved by the City Commission. The Green Building Fee associated with the 120 Green Building Program is subiect to amendment byresolutionof the City Commission. 121 122 F. D-4)—Green Building Standards. To participate in this program and receive the 123 incentives described herein, private builders and developers shall voluntarily construct 124 buildings that are certified by a sustainable building rating system or a national model green 125 building code. E1i,!6ble certifications include those provided by the United States Green 126 Building Council (USGBC) Leadership in Energy and Environmental Design (LEED) rating 127 system, the International Green Construction Code (IGCC), the Green Building Initiative's 128 Green Globes rating system, the Florida Green Building Coalition standards, or another 129 recognized certification program that is approved by the city and complies with the Florida 130 Building Code. 131 G. Incentives. The city shall provide the following incentives to encourage the use of this 132 program and are hereby authorized: 133 1. Expedited Permitting. For any voluntary program participant, the city shall provide 1134 expedited review in accordance with Chapter 2, 1, Section 4 above as approved in 135 Ordinance 09-024. All such applications for expedited review shall be accompanied by the 136 appropriate forms, evidence of a completed green building certification application according 137 to the requirements of the certifying entity, and proof of payment of the application fee 3 Page 693 of 701 138 required to process the application for certification. A city staff member shall be designated as 139 project manager and shall work in close contact with the applicant and certifying agent. The 140 project manager shall oversee the expedited review of the project once formal plans have been 141 prepared and submitted to the city. 142 2. Tax and Financial Incentives. 143 a. PdfpeSe an-1 T 144 145 146 147 4 cc 148 149 150 151 152 153 r1,,;1,4 ;,n n,. n,. v 154 155 156I- All 157 158 4-M-204-ab-o-ifts Mft-d to pay Alve @0-M of 159 160 161 162 163 164 165 BiR4 -Mg Pri@,...,.m. 166 167 ; 168 169 ; 170 171 172 173 174 175 176 177 178 179 a. Green Building Certification Grant. The city shall provide small grants to help 180 defray the costs associated with obtaining green building certification. The . _grants 181 shall be aid through the Sustainabilit 182 Fund(described in Section 2 above)_ subject to the availability of funds. Grant amounts will 183 be based on the level of certification achieved (e.g., bronze, shyer, gold,platinum) from an 4 Page 694 of 701 184 eligible green building certifying entity. The grant will be paid as a reimbursement upon 185 receipt of a copy of the certification achieved. Certification must be received within 180 days 186 of the Certificate of Occupancy issue date. Current grant amounts shall be maintained and 187 made available to the public by the City's Sustainability Coordinator. 188 b. Property Tax Incentive. The city an--l'of 189 may establish a property tax incentive for qualifying green 190 building projects. Properly tax incentives shall be incorporated into a developers' agreement 191 and shall require proof of certification according to the Green Building Standards outlined 192 above. 193 d. Tmer-emen+ F4qan6Hg Ftinding. 194 GRA BoafEl appr-&ved+,&', _.ef:effiefi+ TV, Tneen+-1- _r__ + I V F��J ee+,S W�Lhin he I--IRA 195 dfstr-16+1 ... 1 -1 affeeffiefit, 196 f eEttfifing 13foof Of +1—A n++ 197 3. Signage. The city shall allow the following bonuses to the currently allowed signage 198 regulations: 199 a. One (1) additional temporary construction sign may be installed that notes that "This 200 project is a City of Boynton Beach Green Building Project by [Company Name]." This 201 additional temporary construction sign must meet the standard dimensional requirements as 202 set forth in Chapter 4, Article IV, Section 4.B.3. 203 b. The notation "City of Boynton Beach Green Building Project" may be added on the 204 project entry monument signage. The additional sign area to include the city approved 205 notation letters and logo shall be a maximum of four(4) inches high by forty-two (42)inches 206 wide. Additional sign area greater than that allowed by the land development regulations shall 207 be permitted for this notation only. 208 4. Marketing. For any program participant, the city shall provide the following 209 marketing incentives, including but not limited to: 210 a. The inclusion of program participants on a webpage dedicated to the program; �211 b. The er-eation of pr-omotional doetiments stiek as a pr-ogfum logo loef:a 212 -a&ei43seffiefi+S of at a City Commission meeting; and 213 c. Press releases. +-4- 214 ..........................5 G- "Bidildiftg Awafij. U of+,he ptifpese Of ptiAely feeognIFIng Ott+ .41 215 , ' "1-4 Of 216 'D_-+-- 'D eaeh G-r-een Btiii-di*g Awaf-1" ---- 217 pf-ogr-am pa-4eipant E)I,+a;p he Most eleetive points a -afifnial ener-gy r-e-b—ion. 218 HR Certificationerfication. The applicant shall provide documentation to the city 219 verifying the authenticity of a project's green certification by a qualified third party as 220 et4lified described in the Green Building Pfegf Standards. UJ 221 eer-fif4ea+;on Iy a efdaliffied hi-,a par4y. 222 IFI. Education and Training. The city, in conjunction with the ICC, FGBC, USGBC, GBI 223 or other state or nationally recognized high-performance green building rating system, may 224 conduct training workshops for the purpose of educating potential or current program 225 participants about the program. 226 1. The city will attempt to make available a meeting space at a government facility for 227 green building programs offered by organizations that are of a general nature (not product 228 specific). Organizations shall contact the facility's staff to make arrangements. 5 Page 695 of 701 229 2. Development Department staff shall be encouraged to attend at least eight(8)hours of 230 green building training annually. 231 232 233 Section 3. Codification. It is the intention of the City Commission of the City of 234 Boynton Beach, that the provisions of this Ordinance shall become and made a part of the Code of 235 Ordinances of the City of Boynton Beach, Florida, and that the Sections of this Ordinance may be 236 renumbered,re-lettered and the word "Ordinance" may be changed to "Section," "Article" or other 237 word or phrase in order to accomplish such intention. 238 239 Section 4. Conflicts. All Ordinances or parts of Ordinances, Resolutions or parts 240 thereof in conflict herewith, be and the same are hereby repealed to the extent of such conflict. 241 242 Section 5. Severability. Should any section, provision, paragraph, sentence, clause of 243 word of this Ordinance or portion hereof be held or declared by any court of competent jurisdiction 244 to be unconstitutional or invalid,in part or application,it shall be considered as eliminated and shall 245 not affect the validity of the remaining portions or applications of this Ordinance. 246 247 Section 6. Effective Date. This Ordinance shall become effective on upon adoption. 248 249 FIRST READING this day of 2019. 250 251 SECOND, FINAL READING AND PASSAGE this day of 252 2019. 253 254 CITY OF BOYNTON BEACH, FLORIDA 255 256 YES NO 257 258 Mayor— Steven B. Grant 259 260 Vice Mayor— Christina L. Romelus 261 262 Commissioner—Mack McCray 263 264 Commissioner—Justin Katz 265 266 Commissioner—Aimee Kelley 267 268 VOTE 269 ATTEST: 270 271 272 Judith A. Pyle, CMC 273 City Clerk 274 275 (Corporate Seal) 6 Page 696 of 701 13.A. FUTURE AGENDA ITEMS 3/19/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 3/19/2019 REQUESTED ACTION BY COMMISSION: Modification of parking ordinance to prohibit parking of tractor trailers in residential neighborhoods- April 2, 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 697 of 701 13.B. FUTURE AGENDA ITEMS 3/19/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 3/19/2019 REQUESTED ACTION BY COMMISSION: Mayor would like to discuss possibility of having a cornerstone for the Freemasons at the new City Hall Building - April 2, 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 698 of 701 13.C. FUTURE AGENDA ITEMS 3/19/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 3/19/2019 REQUESTED ACTION BY COMMISSION: Department to give brief presentation of their operations Police- April 2, 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 699 of 701 13.D. FUTURE AGENDA ITEMS 3/19/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 3/19/2019 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- April 16, 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 700 of 701 13.E. FUTURE AGENDA ITEMS 3/19/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 3/19/2019 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 701 of 701