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Agenda 04-02-19 The City of 4, Boynton Beach City Commission Agenda Tuesday, April 2, 2019, 6:30 PM Intracoastal Park Clubhouse 2240 N. Federal Higheay Regular City Commission Meeting Boynton Beach City Commission Mayor Steven B. Grant (At Large) Vice Mayor Justin Katz (District 1) Commissioner Mack McCray (District 11) Commissioner Christina L. Romelus (District III) Commissioner Ty Penserga (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. Kim t www.boynton-beach.org Page 1 of 660 WELCOME Thank you for attending the City Commission Meeting GENERAL RULES & PROCEDURES FOR PUBLIC PARTICIPATION AT CITY OF BOYNTON BEACH COMMISSION MEETINGS THE AGENDA: There is an official agenda for every meeting of the City Commissioners, which determines the order of business conducted at the meeting. The City Commission will not take action upon any matter, proposal, or item of business, which is not listed upon the official agenda, unless a majority of the Commission has first consented to the presentation for consideration and action. • Consent Agenda Items: These are items which the Commission does not need to discuss individually and which are voted on as a group. • Regular Agenda Items: These are items which the Commission will discuss individually in the order listed on the agenda. • Voice Vote: A voice vote by the Commission indicates approval of the agenda item. This can be by either a regular voice vote with "Ayes & Nays" or by a roll call vote. SPEAKING AT COMMISSION MEETINGS: The public is encouraged to offer comment to the Commission at their meetings during Public Hearings, Public Audience, and on any regular agenda item, as hereinafter described. City Commission meetings are business meetings and, as such, the Commission retains the right to impose time limits on the discussion on an issue. • Public Hearings: Any citizen may speak on an official agenda item under the section entitled "Public Hearings." • Public Audience: Any citizen may be heard concerning any matter within the scope of the jurisdiction of the Commission - Time Limit- Three (3) Minutes • Regular Agenda Items: Any citizen may speak on any official agenda item(s) listed on the agenda after a motion has been made and properly seconded, with the exception of Consent Agenda Items that have not been pulled for separate vote, reports, 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 660 1. OPENINGS A. Call to Order- Mayor Steven B. Grant Invocation by Father Martin Zlatic, St. Joseph Episcopal Church Pledge of Allegiance to the Flag led by Mayor Steven B. Grant Roll Call Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption 2. OTHER A. Informational items by Members of the City Commission 3. ANNOUNCEMENTS, COMMUNITYAND SPECIAL EVENTS AND PRESENTATIONS A. The 2020 Census Day is April 1, 2020. The City of Boynton Beach will be incorporating census messaging in multiple marketing outreach programs and publications over the next 12 months to inform residents about the ease and importance of responding to the Census. B. Boynton Beach Utility was awarded the 2019 FW EA Collection System of the Year Award for the Medium Utility Category. This award recognizes utilities for significant accomplishments fostering excellence in the operation and maintenance of wastewater collection systems. Utilities won this award in the medium size utility category for 2019. Joe Paterniti will be present to accept the award. C. Presentation of a Certificate of Appreciation to Nathan Robles for being the "Honorary Starter" of the 7th Annual Barrier Free 5K Run, Walk & Roll, a plaque to show our appreciation to Vinnie DeVito of Resurrection Muscle Cars for building this year's Magic Wheelchair, and a representative of the Realtors Association of the Palm Beaches and Greater Ft. Lauderdale (RAPBGFL) will present the check from the proceeds generated at the 5K. A Certificate of Appreciation will also be presented to the Hunters Run Community Emergency Response team in appreciation of their support and students from the South Tech. Academy for creating a promotional video for our event. D. Announcement by Rebecca Harvey, Sustainability Coordinator, of the Earth Day Celebration Event that will be held Saturday, April 6th at Intracoastal Park from 11 a.m- 3 p.m. E. Proclaim the week of April 7, 2019 as National Library Week. Library Director Craig Clark will accept the proclamation on behalf of the Boynton Beach City Library. F. Proclaim the month of April 2019 as Paralyzed Veterans of America Month. Past President and PVA National Vice-President Charles Brown will be accepting the proclamation on behalf Paralyzed Veterans of America Florida Chapter. G. Proclaim Saturday April 6, 2019 as Sigma Gamma Rho Sorority Youth Day Octavia Sherrod will be present to accept the proclamation. H. Boynton Beach Fire Rescue and Local 1891 would like to recognize Sarah Vanroekel for saving the life of a fellow citizen of Boynton Beach. Page 3 of 660 I. Police Department presentation by Chief Gregory. 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. B. PROPOSED RESOLUTION NO. R19-033- Appoint a City Commission representative and alternate to the Countywide Intergovernmental Coordination Program. C. PROPOSED RESOLUTION NO. R19-034- Appoint a City Commission representative and alternate to the Transportation Planning Agency (Formerly known as the MPO, Metropolitan Planning Organization). D. PROPOSED RESOLUTION NO. R19-035- Appoint a City Commission representative and alternate to the Palm Beach County League of Cities. E. PROPOSED RESOLUTION NO. R19-036- Appoint a City Commission representative and alternate to the Coalition of Boynton West Residents Association (COBW RA). 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. R19-037- Authorize the City Manager to sign an agreement between City of Boynton Beach and Florida Power & Light Company (FPL)for FPL to install and own electric vehicle charging and related equipment on City Property. B. PROPOSED RESOLUTION NO. R19-038- Authorize the City Manager to sign an Agreement with Property Registration Champions, LLC., d/b/a ProChamps for registration and monitoring services of vacant, abandoned, and foreclosed property within the City. C. PROPOSED RESOLUTION NO. R19-039- Amending Resolution R19-017 with revised language that indicates support for the City's grant request to the Palm Beach Transportation Planning Agency (TPA) Transportation Alternatives Program. The revised resolution will include updated construction estimates and increase the grant request to $1 million. The grant will fund the installation of a 1 Oft shared use path along S E 1 st Street. D. PROPOSED RESOLUTION NO. R19-040- Approve utilizing National Joint Powers Alliance (NJPA) EZIQC Contract#FL04GC1-051716-SCD with Shiff Construction & Development of Ft. Lauderdale, FL for repairs to Boynton Beach's Municipal Landfill for a not to exceed price of $ 71,752.37, and authorize the City Manager to sign the proposal and detailed scope of work. E. PROPOSED RESOLUTION NO. R19-041 -Authorize the City Manager to apply for an LSTA (Library Services and Technology Grant), sign all documents associated with the grant, accept the grant, and sign the grant agreement in the amount of $83,991, subject to the approval of the City Attorney. F. PROPOSED RESOLUTION NO. R19-042 - Approve and authorize the City Manager to sign the agreement and letter of authorization with JJ Kane for disposal of vehicles/equipment submitted by the Fleet Division and declare fifty (50) vehicles/equipment as surplus and approve the disposition of these items via auction using various means, such as JJ Kane live auction, JJ Kane on-line auction and GovDeals.com G. Approve Task Order UT-2A-02 with CH2M Hill Engineers (Jacobs) in the sum of $84,074 in Page 4 of 660 accordance with RFQ No. 047-2821-17/TP, General Consulting Services Contract, Scope Category "A" awarded by Commission on September 7, 2018 for the development of a design criteria package to install standby generators for the East Water Treatment Plant. H. Approve the recommendation of the Evaluation Committee and authorize staff to conduct negotiations with the first ranked firm The Haskell Company of Jacksonville, FL and establish contracts in accordance with Request for Qualifications (RFQ) No. 008-2821-19/TP for Water Quality Laboratory Building Progressive Design/Build and as per Florida Statute 287.055, Consultants' Competitive Negotiation Act (CCNA). At the completion of each phase of the negotiations, the Contracts will be brought back to the Commission for approval. I. Approve the minutes from City Commission meeting held on March 19, 2019. 7. BIDS AND PURCHASES OVER $100,000 A. Approve utilizing the Palm Beach County contract (Bid #W UD 16-001/VMG) with Aquifer Maintenance and Performance Systems, Inc. (AMPS, Inc.) of West Palm Beach, FL with the same terms, conditions, specifications and pricing. This contract will be utilized for well rehabilitation services on an AS-NEEDED BASIS, with an estimated annual expenditure of $315,000. Palm Beach County complied with Public Contract Bid requirements equal to or exceeding the City of Boynton Beach's requirements. B. Approve a 10% contingency for the underground utility work associated with the District Energy Design Build Contract with The Haskell Company in the amount of $307,357, increasing the total cost from$3,073,572 to $3,380,929. C. PROPOSED RESOLUTION NO. R19-043- Authorize the City Manager to sign the proposal from CROM Coatings and Restorations (CCR), a division of CROM, LLC in the amount of $181,200 for the repair of 5 potable water storage tanks. This is a sole source based on the warranty. D. Award Bid No. 016-2413-19/EM for Digital Monument Signs to Don Bell Signs of Port Orange, FL, as the lowest responsive, responsible bidder in the amount of $117,157 plus a 10% contingency amount of $11,715 for a total estimated amount of $128,872. The initial bid term is for one year, with an option to renew for two (2) one-year terms. 8. PUBLIC HEARING 7 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. A. PROPOSED ORDINANCE NO.19-004- SECOND READING -Approve Boynton Beach Mall Future Land Use Map Amendment from Development of Regional Impact (DRI) to Mixed Use Low (MXL). Applicant: City-initiated. (April 16, 2019) 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. (April 16, 2019) B. PROPOSED ORDINANCE NO. 19-001 - SECOND READING - Approve Country Trail PUD annexation (ANEX 19-001)Applicant: M2D Country Trail, LLC. PROPOSED ORDINANCE NO. 19-002 - SECOND 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 . PROPOSED ORDINANCE NO. 19-003 - SECOND READING - Approve Country Trail PUD Page 5 of 660 rezoning from Palm Beach County's AR, Agricultural Residential, to PUD, Planned Unit Development. Applicant: M2D Country Trail, LLC. 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. D. 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 (Tabled at the March 19, 2019 Commission Meeting (Applicant requests tabling continues to May 6th meeting.) 9. CITY MANAGER'S REPORT A. Discuss Budget Workshop dates and times: Last year the Commission held Budget Workshops in J uly. The below dates would accommodate the same meetings for this upcoming budget cycle: Budget Workshops at Intracoastal Park Clubhouse; Monday, July 15, 2019 @ 5:00 P.M. Tuesday, J my 16, 2019 @ 10:00 A.M. Wednesday, July 17, 2019 @ 2:00 P.M. Please note the change in location due. 10. UNFINISHED BUSINESS - None 11. NEW BUSINESS A. Mayor would like to discuss possibility of having a cornerstone for the Freemasons at the new City Hall Building. 12. LEGAL- None 13. FUTURE AGENDA ITEMS A. Approve text amendments to the Comprehensive Plan, including: (1) Future Land Use, Intergovernmental Coordination and Capital Improvements Elements, reflecting elimination of school concurrency and deletion of the Public School Facilities Element; and (2) the Transportation Element, creating framework for potential future establishment of a mobility fee. City-initiated. -April 16, 2019 B. Approve a Major Master Plan Modification (MPMD 19-001) for Boynton Beach Town Square to amend the number of allowed dwelling units, revise project phasing, add a shared parking study, revise the proposed use of Building "B", increase the number of hotel rooms, and to add additional height to Building "C". Applicant: James S. Gielda, JKM Developers, LLC. - April 16, 2019 C. Approve the Major Site Plan Modification (MSPM 19-002) for Town Square Phase Two in order to construct a 261-unit apartment building that wraps the southern garage approved in the Town Square Phase One site plan on a 3.94 acre site. Applicant: James S. Gielda, JKM BTS South, LLC. -April 16, 2019 D. Approve a Height Exception (HTEX 19-001) for Town Square Phase Three in order to allow the proposed architectural elements to exceed the 75 foot maximum permitted by code and allow a maximum height of 87 feet and nine (9) inches. -April 16, 2019 E. Approve a Community Design Appeal (CDPA 19-001) for Town Square Phase Three from Chapter 4, Article 111, Section 6.F., "Off-Street Parking Area Standards", which requires facades Page 6 of 660 of parking garages that front on an arterial or collector roadway to be wrapped with habitable space. -April 16, 2019 F. Approve a Major Site Plan Modification (MSPM 19-005) for Town Square Phase Three in order to construct a 210 unit apartment building, a 104 unit, age restricted apartment building, 8,512 square feet of restaurant space, 11,030 square feet of retail space, and an 875 parking space garage on a 4.10 acre site. -April 16, 2019 G. REQUEST1: Approve Harbor Cay Townhomes Future Land Use Map Amendment from Special High Density Residential (SHDR) to Mixed Use Low(MXL) -April 16, 2019 REQUEST2: Approve Harbor Cay Rezoning from IPUD, Infill Planned Unit Development to MU- 1, Mixed Use 1. -April 16, 2019 H. Approve Harbor Cay Townhomes Major Site Plan Modification (MSPM 19-003) to construct 18 townhomes and related site improvements at a density of 12.6 dwelling units per acre on 1.43 acres located at 605 Lakeside Harbor Drive in the IPUD zoning district. Applicant: United Developers Group, LLC. -April 16, 2019 I. Department to give brief presentation of their operations Fire- May 2019 Development- July 2019 Library - September 2019 J. Caler, Donten & Levine (city auditors) will present the Comprehensive Annual Financial Report for FY 2018. - May 7, 2019 K. Representative Mike Caruso will provide the Commission a post-legislative update- May 7, 2019 L. Proclamation for Boynton Beach Mental Health Committee- May 7, 2019 M. Commission wants to discuss public safety as it relates to the Town Square Redevelopment - June 2019 N. Staff to review Development Department's plan review processes to identify efficiencies and technologies to assist with timely review of plans/projects- July 2019 14. ADJOURNMENT NOTICE IFA PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING,HE/SHE WILL NEED A 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 TESEIMONYAND EVIDENCE UPON WHICH THEAPPEAL 1S TO BE BASED.(ES.286.0105) THE CITY SHALL FURNISH APPROPRIATEAUXII.IARYAIDSAND SERVICES WHERE NECESSARY TOAFFORD AN INDIVIDUAL W1THA D1SABILITYAN EQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OF A SERVICE,PROGRAM,ORACTWITY 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 REA.SONABLYACCOMMODATE 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 7 of 660 1.A. OPENING ITEMS 4/2/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 4/2/2019 REQUESTED ACTION BY COMMISSION: Call to Order- Mayor Steven B. Grant Invocation by Father Martin Zlatic, St. Joseph Episcopal Church Pledge of Allegiance to the Flag led by Mayor Steven B. Grant Roll Call Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: Non-budgeted ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 8 of 660 2.A. OTHER 4/2/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 4/2/2019 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 9 of 660 3.A. ANNOUNCEMENTS, COMMUNITY AND SPECIAL EVENTS AND PRESENTATIONS 4/2/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 4/2/2019 REQUESTED ACTION BY COMMISSION: The 2020 Census Day is April 1, 2020. The City of Boynton Beach will be incorporating census messaging in multiple marketing outreach programs and publications over the next 12 months to inform residents about the ease and importance of responding to the Census. 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: ATTACHMENTS: Type Description D Other Census Flyer Page 10 of 660 Everyone counts. The census counts every person living It's about fair in the U.S.once,only once,and in the representation. right place. Every 10 years,the results of the census are used to reapportion the House of Representatives, determining how many seats each state gets. It'sin the Constitution, The U.S.Constitution requires a census every 10 years.The census covers the entire country and everyone living here. The first census was in 1790, It means - It's about $675 billion. redistricting. After each census,state officials use the results to redraw the boundaries of their congressional and state legislative districts, p adapting to population shifts. f. Census data determine how more than$675 Taking part is billion are spent, a 0 supporting your ,your civic duty. state,county and community's vital programs. Completing the census is required: it's a way to participate in our democracy and say°I COUNT!" Page 11 of 660 Census data are being Businesses use census used all around you. data to decide where to build factories,offices and stores,which create Jobs. A Local governments use the census for public safety and emergency preparedness. Residents use the census to MM support community initiatives 00 00 involving legislation,quality-of-life Real estate and consumer advocacy. 00 00 i developers use the census to build new homes and revitalize old Your data are neighborhoods. Federal law protects your census responses.Your answers can only 2020 witt be be used to produce statistics. By law we cannot share your easier t an ever. information with immigration enforcement agencies,law In 2020,you will be able to enforcement agencies,or allow it respond to the census to be used to determine your online. eligibility for government benefits. You can hetp. You are the expert—we need your ideas on the best way to make sure everyone in your community gets counted. Page 12 of 660 3.B. ANNOUNCEMENTS, COMMUNITY AND SPECIAL EVENTS AND PRESENTATIONS 4/2/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 4/2/2019 REQUESTED ACTION BY COMMISSION: Boynton Beach Utility was awarded the 2019 FW EA Collection System of the Year Award for the Medium Utility Category. This award recognizes utilities for significant accomplishments fostering excellence in the operation and maintenance of wastewater collection systems. Utilities won this award in the medium size utility category for 2019. Joe Paterniti will be present to accept the award. 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 13 of 660 3.C. ANNOUNCEMENTS, COMMUNITY AND SPECIAL EVENTS AND PRESENTATIONS 4/2/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 4/2/2019 REQUESTED ACTION BY COMMISSION: Presentation of a Certificate of Appreciation to Nathan Robles for being the "Honorary Starter" of the 7th Annual Barrier Free 5K Run, Walk& Roll, a plaque to show our appreciation to Vinnie DeVito of Resurrection Muscle Cars for building this year's Magic Wheelchair, and a representative of the Realtors Association of the Palm Beaches and Greater Ft. Lauderdale (RAPBGFL) will present the check from the proceeds generated at the 5K. A Certificate of Appreciation will also be presented to the Hunters Run Community Emergency Response team in appreciation of their support and students from the South Tech. Academy for creating a promotional video for our event. EXPLANATION OF REQUEST: The City recently hosted the 7th Annual Barrier Free 5k Run, Walk& Roll in partnership with the RAPBGFL. The RAPBGFL has partnered with the Recreation & Parks Department for the past 7 years to organize this event because of their love for the park. The intent of the event is to raise funds for the future development/improvement of the Park. Over 238 people participated in the 5k this year, and the RAPBGFL will present a check representing the proceeds from the event to the Greater Boynton Beach Foundation. The 4th Annual Magic Wheels & Special Deals event, which helps promote the Park and the Barrier Free 5K was resoundingly successful this year, and the Recreation & Parks Department wishes to recognize and pay tribute to Vinnie DeVito, Resurrection Muscle Cars, for building this year's Magic Wheel Chair. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? No affect. FISCAL IMPACT: Non-budgeted $100 for the plaque and certificates. ALTERNATIVES: Do not make the presentation. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 14 of 660 3.D. ANNOUNCEMENTS, COMMUNITY AND SPECIAL EVENTS AND PRESENTATIONS 4/2/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 4/2/2019 REQUESTED ACTION BY COMMISSION: Announcement by Rebecca Harvey, Sustainability Coordinator, of the Earth Day Celebration Event that will be held Saturday, April 6th at Intracoastal Park from 11 a.m- 3 p.m. EXPLANATION OF REQUEST: This free Earth Day event will feature a tree giveaway, kids' activities, recycled arts & crafts, eco-friendly products, a yoga demonstration, food trucks, paddleboard & kayak rentals, and more. The event will be preceded by a Park Clean-up from 10-11 a.m. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? This will provide an exciting family activity that will help promote the City's sustainability initiatives and local eco-friendly vendors and organizations. FISCAL IMPACT: Non-budgeted Non-budgeted ALTERNATIVES: Do not make the announcement STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 15 of 660 3.E. ANNOUNCEMENTS, COMMUNITY AND SPECIAL EVENTS AND PRESENTATIONS 4/2/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 4/2/2019 REQUESTED ACTION BY COMMISSION: Proclaim the week of April 7, 2019 as National Library Week. Library Director Craig Clark will accept the proclamation on behalf of the Boynton Beach City Library. EXPLANATION OF REQUEST: National Library Week is observed across the country each year in April to celebrate the impact libraries have on the communities they serve and to promote library use and support. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Observing National Library Week helps raise awareness of the programs, services and resources available to the public through the Boynton Beach City Library. FISCAL IMPACT: Non-budgeted None ALTERNATIVES: Not to proclaim the week of April 7, 2019 as National Library Week. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Addendum National Library Week Proclamation Page 16 of 660 Proclamation WHEREAS,today's libraries are not just about books,but what they do for and with people; WHEREAS, libraries have long served as trusted and treasured institutions where people of all backgrounds can be together and connect; WHEREAS, libraries and librarians build strong communities through transformative services, programs,resources and expertise; WHEREAS, libraries are cornerstones of democracy, promoting the free exchange of information and ideas for all to empower communities and their members; WHEREAS, libraries foster civic engagement by keeping the public informed and aware of community events and issues, and by partnering with other organizations to ensure the needs of the community are being met; WHEREAS,libraries,librarians,library workers and supporters across America are celebrating National Library Week. NOW THEREFORE, I, Steven B. Grant, Mayor of the City of Boynton Beach, Florida, do hereby proclaim the Seventh through Thirteenth of April,Two Thousand Nineteen as: National Library Week IN WITNESS WHEREOF, I have hereunto set my hand and cause the Seal of the City of Boynton Beach,Florida,to be affixed at Boynton Beach Florida,the Second day of April,Two Thousand Nineteen. Steven B. Grant, Mayor ATTEST: Judith A. Pyle,CMC City Clerk 3.F. ANNOUNCEMENTS, COMMUNITY AND SPECIAL EVENTS AND PRESENTATIONS 4/2/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 4/2/2019 REQUESTED ACTION BY COMMISSION: Proclaim the month of April 2019 as Paralyzed Veterans of America Month. Past President and PVA National Vice-President Charles Brown will be accepting the proclamation on behalf Paralyzed Veterans of America Florida Chapter. EXPLANATION OF REQUEST: Beginning in 1984, Paralyzed Veterans of American designated the month of April to honor America's paralyzed veterans. Veterans with disabilities have served their country when it needed them, and they continue to serve their communities. They personify the higest ideals of service to country, sacrifice of self and perseverance in overcoming adversity. Their stories of hardship and triumph provide life-affirming lessons for all of us. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? This will have no impact on City programs or services. FISCAL IMPACT: Non-budgeted None ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Proclamation Proclamation Page 18 of 660 Proclamation WHEREAS,residing within the boundaries of Boynton Beach,many of our neighbors have served as members of the Armed Forces, and in doing so honored our community with exemplary dedication; and WHEREAS,it is important that we recognize the sacrifices made by our community's veterans who are paralyzed. NOW, THEREFOREI, Steven B. Grant, Mayor of the City of Boynton Beach, hereby proclaim the month of April as: PARALYZED VETERANS OF AMERICA AWARENESS MONTH in the City of Boynton Beach. I encourage the citizens of Boynton Beach to honor our paralyzed veterans because they personify the highest ideals of service to country, sacrifice of self and perseverance in overcoming adversity. Their stories of hardship and triumph provide life- affirming lessons for all of us. I also encourage the people of the City of Boynton Beach to observe and participate in the activities associated with PVA Awareness Month and reflect upon the sacrifices endured by our community's veterans who are paralyzed. There are many local community service organizations, particularly those serving our youth that seek involvement in worthy projects, and PVA Awareness Month meets and surpasses that standard. IN WITNESS WHEREOF, I have here unto set my hand and caused the seal of the City of Boynton Beach to be affixed this 2nd day of April, 2019. Steven B. Grant,Mayor ATTEST: Judith A. Pyle,CMC City Clerk 9 3.G. ANNOUNCEMENTS, COMMUNITY AND SPECIAL EVENTS AND PRESENTATIONS 4/2/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 4/2/2019 REQUESTED ACTION BY COMMISSION: Proclaim Saturday April 6, 2019 as Sigma Gamma Rho Sorority Youth Day Octavia Sherrod will be present to accept the proclamation. EXPLANATION OF REQUEST: Sigma Gamma Rho Sorority, Inc., through its mission seeks to address programs, projects, and concerns that impact society educationally, socially, politically, and economically. Sigma Gamma Rho Sorority, Inc., is sponsoring its Twentieth Annual Adolescent Youth Symposium simultaneously in local communities across the nation on Saturday, April 6, 2019. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Proclamation Proclamation ® SIGMA GAMMA RHO SORORITY Page 20 of 660 Proclamation WHEREAS,Sigma Gamma Rho Sorority,Inc.is a 90,000 member nonprofit collegiate sorority dedicated to the encouragement and promotion of high scholastic attainment,community service,and improvement in the quality of life through its chapters, members, and affiliates located throughout the United States, Korea,Bermuda,Africa,Bahamas,Canada,Germany and the Caribbean;and WHEREAS, Sigma Gamma Rho Sorority, Inc., through its mission seeks to address programs, projects, and concerns that impact society educationally,socially,politically,and economically;and WHEREAS,Sigma Gamma Rho Sorority,Inc.,in partnership with The city of Boynton Beach Recreation Department is sponsoring its Twenty Second Annual Adolescent Youth Symposium on Saturday,April 6, 2019; and the local members of the Eta Eta Sigma Chapter of Sigma Gamma Rho Sorority, Inc.,will hold their symposium at the Carolyn Sims Community Center; and WHEREAS, Sigma Gamma Rho Sorority, Inc., through this year's nationwide symposium agenda, will seek to help youths come to grips with peer-pressuring challenges that may deal with making healthy choices,healthy living,healthy generation;and WHEREAS,Sigma Gamma Rho Sorority,Inc.,has called upon the participation of a panel of community authorities to share facts regarding some of the consequences that may be faced by young people who have self-esteem and peer pressure issues; and WHEREAS, Sigma Gamma Rho Sorority, Inc., is requesting all area junior/senior high schools, sororities/fraternities,social/civic organizations,and youth services agencies to support the intent of this symposium by promoting the attendance and participation of their students and youth groups: NOW, THEREFORE, I Steven B. Grant, Mayor of the City of Boynton Beach, do hereby proclaim Saturday,April 6,2019 to be: SIGMA GAMMA RHO SORORITY YOUTH DAY IN WITNESS WHEREOF,I have hereunto set my hand and caused the Seal of the City of Boynton Beach, Florida,to be affixed at Boynton Beach,Florida,the 2nd day of April,Two Thousand Nineteen. Steven B. Grant,Mayor ATTEST: Judith A. Pyle,City Clerk 3.H. ANNOUNCEMENTS, COMMUNITY AND SPECIAL EVENTS AND PRESENTATIONS 4/2/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 4/2/2019 REQUESTED ACTION BY COMMISSION: Boynton Beach Fire Rescue and Local 1891 would like to recognize Sarah Vanroekel for saving the life of a fellow citizen of Boynton Beach. EXPLANATION OF REQUEST: On March 12th, 2019, Sarah Vanroekel, employee of the Boynton Beach Chick-Fil-A, was at work when a patron went into cardiac arrest. Without hesitation, Sarah, a student in Boynton Beach High School Medical Program, performed CPR until Boynton Beach Fire Rescue arrived. Due to the quick action taken by Sarah, the patron made a full recovery and is back home with his family. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Recognize Sarah for her outstanding efforts in saving a life and reaffirming the community of the importance for learning CPR. FISCAL IMPACT: Non-budgeted ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 22 of 660 3.1. ANNOUNCEMENTS, COMMUNITYAND SPECIAL EVENTS AND PRESENTATIONS 4/2/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 4/2/2019 REQUESTED ACTION BY COMMISSION: Police Department presentation by Chief Gregory. 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 23 of 660 5.A. ADMINISTRATIVE 4/2/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 4/2/2019 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 D Other Lowe Ben Page 24 of 660 APPOINTMENTS AND APPLICANTS FOR APRIL 2, 2019 Arts Commission I Katz Alt 2 yr term to 12/20 Applicants None Building oar Adjustments is III Romelus Reg 2 yr term to 12/19 tabled(2) IV Penserga Alt 2 yr term to 12/20 tabled(2) Mayor Grant Alt 2 yr term to 12/19 tabled(2) 1 Katz Reg 2 yr term to 12/19 Applicants None Education and Youth AdvisoryBoard IV Penserga STU 2 yr term to 12/19 tabled(2) Mayor Grant STU NV 2 yr term to 12/19 Applicants None Toric Resources Preservation Board III Romelus Alt 2 yr term to 12/19 tabled(2) IV Penserga Alt 2 yr term to 12/20 Mayor Grant Reg 2 yr term to 12/19 Applicants Ben Lowe Library oar Mayor Grant Alt 2 yr term to 12/20 tabled(2) IV Penserga Reg 2 yr term to 12/20 tabled(3) Applicants None Page 25 of 660 Recreation r s IV Penserga Alt 2 yr term to 12/20 tabled(2) Applicants None Senior Advisory II McCray Alt 2 yr term to 12/20 tabled(2) III Romelus Reg 2 yr term to 12/20 Applicants None Page 26 of 660 Ellis, Shiiiiiiayla From: bplowel534 <noreply@123formbuilder.io> Sent: Sunday, March 24, 2019 6:12 PM To: City Clerk Subject: Advisory Board Appointment application Today's date 03/24/2019 Name Ben Lowe Gender Male I-T Phone number 561-317-5174 Address 751 SW 35th Ave cz� Boynton each Florida 33435 United States Email bplowel534@bellsouth.net Current occupation or, if Professor and Chair of FAU's History Department retired,prior occupation Education PhD in History from Georgetown University Are you a registered voter? Yes Do you reside within the Yes Boynton Beach City limits9 Do you own/manage a No business within City limits? If yes", name of business: Are you currently serving No on a City board? Have you served on a City Yes board in the past? If"yes",which board(s) Community Relations Board for two years before it was dissolved. and when? Have you ever been No convicted of a crime? If"yes",when and where? Advisory Board Historic Resources Preservation Board Personal Qualifications I have been a professional historian for 30 years, as a professor at Barry University and now at FAU since 1993, teaching a variety of courses and publishing books and articles. I am a member of numerous professional organizations and serve on any professional committees. Locally, I was involved in efforts to save the high school and have been an active citizen of Page 27 of 660 Boynton Beach since 1997. I am knowledgeable about historic preservation, having first studied it while a graduate student at Georgetown University where I received my PhD. I read professional publications and as department chair oversee our public history and internship program which places students in local historical sites. Professional Memberships American Historical Association Early Modern Studies Association North American Conference on British Studies Tyndale Society Church of England Record Society Royal Historical Society Fellow (a very rare honor) I frequently give talks to community groups, including the St. George's Society of Palm Beach, The Society for Colonial Wars, Colonial Dames, and Daughters of the American Revolution, as well as numerous residential and senior communities, Feel free to attach/upload an extrasheet or resume. Certification 1,the applicant,hereby certify that the statements and answers provided herein are true and accurate. I understand that, if appointed, any false statements may be cause for removal from a board. The message has been sent from 162.206.120.140(United States)at 2019-03-2417:11:55 on Chrome 72.0.3626.119 Entry ID:326 Referrer:www.boynton-beach.org/ oars-and-committees Form Host:www 123forbuilder co /form-583214/Advisor,,-Board-Appointment-Application 2 Page 28 of 660 5.B. ADMINISTRATIVE 4/2/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 4/2/2019 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R19-033-Appoint a City Commission representative and alternate to the Countywide Intergovernmental Coordination Program. EXPLANATION OF REQUEST: The Countywide I ntergovernmental Coordination Program has been in place for several years under the auspices of two interlocal agreements that were signed by all municipalities, the School Board, the Water Management District and several special districts. The members of this Forum meet quarterly to discuss issues of inter-jurisdictional significance. Each individual local government decides the length of the term. Vice Mayor Christina Romelus is currently serving as the representative and City Manager Lori LaVerriere is currently the alternate on this Program. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Maintain awareness and have input into matters of inter-jurisdictional significance. FISCAL IMPACT: None ALTERNATIVES: The alternative would be to not make an appointment to this organization. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 29 of 660 ATTACHMENTS: Type Description D Resolution Resolution appointing CICIP Representative and Alternate D Attachment Committee Explanation Page 30 of 660 I RESOLUTION NO.R19- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 4 APPOINTING AS A REPRESENTATIVE TO 5 THE COUNTYWIDE INTERGOVERNMENTAL COORDINATION 6 PROGRAM, AND APPOINTING AS 7 ALTERNATE REPRESENTATIVE TO THE COUNTYWIDE 8 INTERGOVERNMENTAL COORDINATION PROGRAM; AND PROVIDING 9 AN EFFECTIVE DATE. 10 11 WHEREAS, the City Commission of the City of Boynton Beach, Florida, is entitled to 12 representation on the Countywide Intergovernmental Coordination Program; and 13 14 WHEREAS, the City Commission has considered the qualifications necessary for such 15 representation and wishes to bestow upon the following named individuals such right and honor of 16 service. 17 18 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE 19 CITY OF BOYNTON BEACH,FLORIDA THAT: 20 21 Section 1. The"WHEREAS"clauses above are hereby ratified and confirmed as being true and 22 correct and incorporated herein by reference. 23 24 Section 2. The City Commission of the City of Boynton Beach, Florida, hereby appoints 25 as a representative to the Countywide Intergovernmental Coordination 26 Program and appoints as alternate representative to the 27 Countywide Intergovernmental Coordination Program. 28 29 Section 3. That this Resolution shall become effective immediately upon passage. 30 31 PASSED AND ADOPTED this day of , 2019. 32 33 CITY OF BOYNTON BEACH, FLORIDA 34 YES NO 35 36 Mayor— Steven B. Grant 37 38 Vice Mayor—Justin Katz 39 40 Commissioner—Mack McCray 41 42 Commissioner—Christina L. Romelus 43 44 Commissioner—Ty Penserga 45 46 VOTE 47 ATTEST: 48 49 50 Judith A.Pyle, CMC 51 City Clerk 52 53 (Corporate Seal) S:\CA\RESO\Appointments\Countywide Intergovernmental Coordination Program 2019-Reso.Docx Page 31 of 660 METROPOLITAN PLANNING ORGANIZATION The Metropolitan Planning Organization was created by federal regulations and Florida Statutes to meet federal requirements for obtaining and expending federal transportation funds. The MPO is composed of local elected officials from County and municipal governments and applicable transportation authorities, and is independent of local elected bodies. The responsibilities of the MPO encompass multi-modal transportation planning and address short-term (five-year) and long-range (20-year) time frames. The MPO meeting is held every third Thursday of the month at 9:00 a.m. in the 12th floor conference room of the Government Center. COALITION OF BOYNTON WEST RESIDENTS ASSOCIATION The Coalition of Boynton West Residential Associations (COBWRA) is an assembly of representatives of the various subdivisions in unincorporated Boynton Beach. As a courtesy to the City of Boynton Beach, a City representative and alternate are welcome to attend the meetings to address issues of interest or concern. The meeting is held the 3rd Wednesday of each month at 10:00 a.m. at various locations throughout the COBWRA area. COUNTYWIDE INTERGOVERNMENTAL COORDINATION PROGRAM The Countywide Intergovernmental Coordination Program has been in place for several years under the auspices of two interlocal agreements that were signed by all municipalities, the School Board, the Water Management District and several special districts. The members of this Forum meet quarterly to discuss issues of inter- jurisdictional significance. Each individual local government decides the length of the term. C:\Program Files(x86)\neevia.com\docConverterPro\temp\NVDC\16B06187-A096-4A6F-BE41-D37FFE76E1DC\Boynton Beach.3061.1.PALM_BEACH_COUNTY_COMMITTEE_-_Explanation_of_Duties.doc Page 32 of 660 5.C. ADMINISTRATIVE 4/2/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 4/2/2019 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R19-034-Appoint a City Commission representative and alternate to the Transportation Planning Agency (Formerly known as the MPO, Metropolitan Planning Organization). EXPLANATION OF REQUEST: The Travel Planning Agency (TPA) was created by federal regulations and Florida Statutes to meet federal requirements for obtaining and expending federal transportation funds. The TPA is composed of local elected officials from County and municipal bodies. The responsibilities of the TPA encompass mulit-modal transportation planning and addresses short-term (five-year) and long-range (20-year) time frames. The TPA meeting is held on the 3rd Thursday of the month at the PBC Governmental Center on Olive Avenue. They begin at 9:00 a.m. and typically last two hours. Mayor Steven B. Grant is currently serving as the representative and Commissioner Mack McCray is the alternate representative to this Committee. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Maintain communications and awareness of TPA initiatives that may affect the City. FISCAL IMPACT: None ALTERNATIVES: The alternative would be to not make an appointment to this organization STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 33 of 660 ATTACHMENTS: Type Description D Resolution Resolution appointment Representative and Alternate D Attachment Committee Explanation Page 34 of 660 I RESOLUTION NO.R19- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 4 APPOINTING AS A REPRESENTATIVE TO 5 THE TRANSPORTATION PLANNING AGENCY (F/K/A METROPOLITAN 6 PLANNING ORGANIZATION), AND APPOINTING 7 AS ALTERNATE REPRESENTATIVE TO 8 THE TRANSPORTATION PLANNING AGENCY; AND PROVIDING AN 9 EFFECTIVE DATE. 10 11 WHEREAS, the City Commission of the City of Boynton Beach, Florida, is entitled to 12 representation on the Transportation Planning Agency; and 13 14 WHEREAS, the City Commission has considered the qualifications necessary for such 15 representation and wishes to bestow upon the following named individuals such right and honor of 16 service. 17 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE 18 CITY OF BOYNTON BEACH,FLORIDA THAT: 19 20 Section 1. The"WHEREAS"clauses above are hereby ratified and confirmed as being true and 21 correct and incorporated herein by reference. 22 23 Section 2. The City Commission of the City of Boynton Beach, Florida, hereby appoints 24 as a representative to the Transportation Planning Agency and appoints 25 as alternate representative to the Transportation Planning 26 Agency. 27 28 Section 3. That this Resolution shall become effective immediately upon passage. 29 30 PASSED AND ADOPTED this day of , 2019. 31 32 CITY OF BOYNTON BEACH, FLORIDA 33 YES NO 34 35 Mayor— Steven B. Grant 36 37 Vice Mayor—Justin Katz 38 39 Commissioner—Mack McCray 40 41 Commissioner—Christina L. Romelus 42 43 Commissioner—Ty Penserga 44 45 VOTE 46 ATTEST: 47 48 49 Judith A.Pyle, CMC 50 City Clerk 51 52 (Corporate Seal) S:\CA\RESO\Appointments\TPA(Fka MPO)2019-Reso.Docx Page 35 of 660 METROPOLITAN PLANNING ORGANIZATION The Metropolitan Planning Organization was created by federal regulations and Florida Statutes to meet federal requirements for obtaining and expending federal transportation funds. The MPO is composed of local elected officials from County and municipal governments and applicable transportation authorities, and is independent of local elected bodies. The responsibilities of the MPO encompass multi-modal transportation planning and address short-term (five-year) and long-range (20-year) time frames. The MPO meeting is held every third Thursday of the month at 9:00 a.m. in the 12th floor conference room of the Government Center. COALITION OF BOYNTON WEST RESIDENTS ASSOCIATION The Coalition of Boynton West Residential Associations (COBWRA) is an assembly of representatives of the various subdivisions in unincorporated Boynton Beach. As a courtesy to the City of Boynton Beach, a City representative and alternate are welcome to attend the meetings to address issues of interest or concern. The meeting is held the 3rd Wednesday of each month at 10:00 a.m. at various locations throughout the COBWRA area. COUNTYWIDE INTERGOVERNMENTAL COORDINATION PROGRAM The Countywide Intergovernmental Coordination Program has been in place for several years under the auspices of two interlocal agreements that were signed by all municipalities, the School Board, the Water Management District and several special districts. The members of this Forum meet quarterly to discuss issues of inter- jurisdictional significance. Each individual local government decides the length of the term. C:\Program Files(x86)\neevia.com\docConverterPro\temp\NVDC\72077343-AE45-4169-AOB9-E47989EC110C\Boynton Beach.3062.1.PALM_BEACH_COUNTY_COMMITTEE_-_Explanation_of_Duties.doc Page 36 of 660 5.D. ADMINISTRATIVE 4/2/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 4/2/2019 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R19-035-Appoint a City Commission representative and alternate to the Palm Beach County League of Cities. EXPLANATION OF REQUEST: The Palm Beach County League of Cities shall advocate the collective interests of the municipalities in Palm Beach County in accordance with the principles of self-government. The Municipal League of Palm Beach County meets on the fourth Wednesday of each month at 10:30 a.m. at various locations. The membership term is one year. Commissioner Joe Casello was serving as the representative and Commissioner Mack McCray is the alternate representative to this Committee. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Maintain awareness and have input into matters of significance to the City FISCAL IMPACT: None ALTERNATIVES: The alternative would be to not make an appointment to this organization. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 37 of 660 ATTACHMENTS: Type Description D Resolution Resolution appointing Palm each League of Cities Representative and Alternate D Attachment Explanation of Committee Page 38 of 660 I RESOLUTION NO.R19- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 4 APPOINTING AS A REPRESENTATIVE 5 TO THE PALM BEACH COUNTY LEAGUE OF CITIES, AND 6 APPOINTING AS ALTERNATE 7 REPRESENTATIVE TO THE PALM BEACH COUNTY LEAGUE OF 8 CITIES;AND PROVIDING AN EFFECTIVE DATE. 9 10 11 WHEREAS, the City Commission of the City of Boynton Beach, Florida, is entitled to 12 representation on the Palm Beach County League of Cities; and 13 14 WHEREAS, the City Commission has considered the qualifications necessary for such 15 representation and wishes to bestow upon the following named individuals such right and honor of 16 service. 17 18 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE 19 CITY OF BOYNTON BEACH,FLORIDA THAT: 20 21 Section 1. The"WHEREAS"clauses above are hereby ratified and confirmed as being true and 22 correct and incorporated herein by reference. 23 24 Section 2. The City Commission of the City of Boynton Beach, Florida, hereby appoints 25 as a representative to the Palm Beach County League of Cities and 26 appoints as alternate representative to the Palm Beach County 27 League of Cities. 28 29 Section 3. That this Resolution shall become effective immediately upon passage. 30 31 PASSED AND ADOPTED this day of , 2019. 32 33 CITY OF BOYNTON BEACH, FLORIDA 34 YES NO 35 36 Mayor— Steven B. Grant 37 38 Vice Mayor—Justin Katz 39 40 Commissioner—Mack McCray 41 42 Commissioner—Christina L. Romelus 43 44 Commissioner—Ty Penserga 45 46 VOTE 47 ATTEST: 48 49 50 Judith A.Pyle, CMC 51 City Clerk 52 53 (Corporate Seal) S:ACA\RESO\Appointments\Pahn Beach County League Of Cities 2019-Reso.Docx Page 39 of 660 PALM BEACH COUNTY LEAGUE OF CITIES The Palm Beach County League of Cities shall advocate the collective interests of the municipalities in Palm Beach County in accordance with the principles of self- government. The Municipal League of Palm Beach County meets on the fourth Wednesday of each month at 10:30 a.m. at various locations. The membership term is one year. METROPOLITAN PLANNING ORGANIZATION The Metropolitan Planning Organization was created by federal regulations and Florida Statutes to meet federal requirements for obtaining and expending federal transportation funds. The MPO is composed of local elected officials from County and municipal governments and applicable transportation authorities, and is independent of local elected bodies. The responsibilities of the MPO encompass multi-modal transportation planning and address short-term (five-year) and long-range (20-year) time frames. The MPO meeting is held every third Thursday of the month at 9:00 a.m. in the 12th floor conference room of the Government Center. COALITION OF BOYNTON WEST RESIDENTS ASSOCIATION The Coalition of Boynton West Residential Associations (COBWRA) is an assembly of representatives of the various subdivisions in unincorporated Boynton Beach. As a courtesy to the City of Boynton Beach, a City representative and alternate are welcome to attend the meetings to address issues of interest or concern. The meeting is held the 3rd Wednesday of each month at 10:00 a.m. at various locations throughout the COBWRA area. COUNTYWIDE INTERGOVERNMENTAL COORDINATION PROGRAM The Countywide Intergovernmental Coordination Program has been in place for several years under the auspices of two interlocal agreements that were signed by all municipalities, the School Board, the Water Management District and several special districts. The members of this Forum meet quarterly to discuss issues of inter- jurisdictional significance. Each individual local government decides the length of the term. C:\Program Files(x86)\neevia.com\docConverterPro\temp\NVDC\691D421A-1075-40E4-BA3B-9642B37DD2DE\Boynton Beach.1093.1.PALM_BEACH_COUNTY_COMMITTEE_-_Explanation_of_Duties.docx Page 40 of 660 5.E. ADMINISTRATIVE 4/2/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 4/2/2019 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R19-036-Appoint a City Commission representative and alternate to the Coalition of Boynton West Residents Association (COBW RA). EXPLANATION OF REQUEST: The Coalition of Boynton West Residents Association (COBW RA) is an assembly of representatives of the various subdivisions in unincorporated Boynton Beach. As a courtesy to the City of Boynton Beach, a City representative and alternate are welcome to attend the meetings to address issues of interest or concern. The meeting is held the 3rd Wednesday of each month at 10:00 a.m. at various locations throughout the COBW RA area. The current representative was Commissioner Joe Casello and the alternate is Commissioner Justin Katz. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Maintain awareness of matters of significance to the City. FISCAL IMPACT: None ALTERNATIVES: The alternative to this decision would be to note make an appointment to this association. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 41 of 660 ATTACHMENTS: Type Description Resolution appointment COBWRA D Resolution Representative and Alternate D Attachment Committee Explanation Page 42 of 660 I RESOLUTION NO.R19- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA,APPOINTING AS A 5 REPRESENTATIVE TO THE COALITION OF BOYNTON 6 WEST RESIDENTS ASSOCIATION (COBWRA), AND 7 APPOINTING AS 8 ALTERNATE REPRESENTATIVE TO THE COALITION OF 9 BOYNTON WEST RESIDENTS ASSOCIATION (COBWRA); 10 AND PROVIDING AN EFFECTIVE DATE. 11 12 WHEREAS, the City Commission of the City of Boynton Beach, Florida, is entitled to 13 representation on the Coalition of Boynton West Residents Association (COBWRA); and 14 15 WHEREAS, the City Commission has considered the qualifications necessary for such 16 representation and wishes to bestow upon the following named individuals such right and honor of 17 service. 18 19 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE 20 CITY OF BOYNTON BEACH,FLORIDA THAT: 21 22 Section 1. The"WHEREAS"clauses above are hereby ratified and confirmed as being true and 23 correct and incorporated herein by reference. 24 25 Section 2. The City Commission of the City of Boynton Beach, Florida, hereby appoints 26 as a representative to the Coalition of Boynton West Residents 27 Association (COBWRA) and appoints as alternate 28 representative to the Coalition of Boynton West Residents Association(COBWRA). 29 30 Section 3. That this Resolution shall become effective immediately upon passage. 31 32 PASSED AND ADOPTED this day of , 2019. 33 34 CITY OF BOYNTON BEACH, FLORIDA 35 YES NO 36 37 Mayor— Steven B. Grant 38 39 Vice Mayor—Justin Katz 40 41 Commissioner—Mack McCray 42 43 Commissioner—Christina L. Romelus 44 45 Commissioner—Ty Penserga 46 47 VOTE 48 ATTEST: 49 50 51 Judith A.Pyle, CMC 52 City Clerk 53 54 (Corporate Seal) S:\CA\RESO\Appointments\COBWRA2019-Reso.Docx Page 43 of 660 METROPOLITAN PLANNING ORGANIZATION The Metropolitan Planning Organization was created by federal regulations and Florida Statutes to meet federal requirements for obtaining and expending federal transportation funds. The MPO is composed of local elected officials from County and municipal governments and applicable transportation authorities, and is independent of local elected bodies. The responsibilities of the MPO encompass multi-modal transportation planning and address short-term (five-year) and long-range (20-year) time frames. The MPO meeting is held every third Thursday of the month at 9:00 a.m. in the 12th floor conference room of the Government Center. COALITION OF BOYNTON WEST RESIDENTS ASSOCIATION The Coalition of Boynton West Residential Associations (COBWRA) is an assembly of representatives of the various subdivisions in unincorporated Boynton Beach. As a courtesy to the City of Boynton Beach, a City representative and alternate are welcome to attend the meetings to address issues of interest or concern. The meeting is held the 3rd Wednesday of each month at 10:00 a.m. at various locations throughout the COBWRA area. COUNTYWIDE INTERGOVERNMENTAL COORDINATION PROGRAM The Countywide Intergovernmental Coordination Program has been in place for several years under the auspices of two interlocal agreements that were signed by all municipalities, the School Board, the Water Management District and several special districts. The members of this Forum meet quarterly to discuss issues of inter- jurisdictional significance. Each individual local government decides the length of the term. C:\Program Files(x86)\neevia.com\docConverterPro\temp\NVDC\F1A6E6B2-40DF-4487-AF2E-FD96020DE75A\Boynton Beach.3060.1.PALM_BEACH_COUNTY_COMMITTEE_-_Explanation_of_Duties.doc Page 44 of 660 6.A. CONSENTAGENDA 4/2/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 4/2/2019 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R19-037-Authorize the City Manager to sign an agreement between City of Boynton Beach and Florida Power& Light Company (FPL)for FPL to install and own electric vehicle charging and related equipment on City Property. EXPLANATION OF REQUEST: FPL is launching a new"EVolution" pilot program to help accelerate the growth of electric vehicles (EV) infrastructure, and is inviting the City of Boynton Beach to participate by hosting EV-charging equipment on City property. Through this pilot program, FPL will provide the following turnkey services at no cost to the City: Charging equipment Installation & maintenance Dedicated EV parking stall striping &signage EV driver support Staff recommends that the City participate in this pilot program as a host site for the pilot program by signing the attached agreement. As a host, the City is asked to agree to the following: A seven-year commitment with the option to renew Offer charging as a free amenity for their employees or patrons Cover the cost of power from EV charging at the property's current electric rate HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? On February 5, 2019 the City Commission directed staff to solicit vendors to install electric vehicle (EV) charging stations in the City. Participation in FPL's EVolution pilot program would help achieve this goal at no cost to the City. The exact number and locations of chargers are not yet finalized, but FPL and City staff offer a preliminary estimate of up to 12 EV charging spaces in public parking garages within the Town Square development. FISCAL IMPACT: Non-budgeted There is no financial obligation associated with this agreement. FPL will cover the costs of charging equipment, installation, maintenance, parking space striping, and signage. The only cost to the City will be the cost of electricity used during active charging. ALTERNATIVES: Not authorize the City Manager to sign the agreement. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: Page 45 of 660 CLIMATE ACTION: Yes CLIMATE ACTION DISCUSSION: Climate Action Plan 2015 Revision Action#EF-15: "Collaborate with public and private stakeholders to develop a strategy to promote the use of Plug-in Electric Vehicles in the region. Identify and promote locations where infrastructure and/or battery switching stations are readily accessible to facilitate simple use. Support regional efforts to establish a framework for siting/locating public electric vehicle charging stations." Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Resolution Resolution approving Electric Vehicle Charging Equipment Agreement D Agreement Electric Vehicle Charging Equipment Agreement D Attachment FPIL EVolution Brochure Page 46 of 660 1 RESOLUTION NO. R19- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, APPROVING AND AUTHORIZING THE CITY 5 MANAGER TO SIGN AN AGREEMENT WITH FLORIDA 6 POWER & LIGHT COMPANY FOR THE PURCHASE AND 7 INSTALLATION OF ELECTRIC VEHICLE CHARGING 8 EQUIPMENT ON CITY PROPERTY; AND PROVIDING AN 9 EFFECTIVE DATE. 10 11 12 WHEREAS, Florida Power & Light Company (FPL) is launching a new "Evolution" 13 pilot program to help promote the growth of electric vehicles(EV)infrastructure and has invited 14 the City of Boynton Beach to participate by hosting EV-charging equipment on City property; 15 and 16 WHEREAS, FPL will provide installation and maintenance of charging equipment, 17 dedicated EV parking stall striping and signage, and EV driver support at no cost to the City; 18 and 19 WHEREAS,the City Commission of the City of Boynton Beach upon recommendation 20 of staff, deems it to be in the best interest of the citizens of the City of Boynton Beach to approve 21 and authorize the City Manager to sign an Electric Vehicle Charging Equipment Agreement 22 with Florida Power & Light Company to install electric vehicle charging stations and related 23 equipment on City property. 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 27 as being true and correct and are hereby made a specific part of this Resolution upon 28 adoption. C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\6B0586C8-OC4B-465E-B6DF-09923BEB33D9\Boynton Beach.15487.1.Agreement for Electric_Vehicle_Charging (FPL)_-_Reso.docx -1 - Page 47 of 660 29 Section 2. The City Commission of the City of Boynton Beach, Florida, hereby 30 approves and authorizes the City Manager to sign an Electric Vehicle Charging Equipment 31 Agreement with Florida Power & Light Company to install electric vehicle charging stations 32 and related equipment on City property, a copy of the Agreement is attached hereto as Exhibit 33 "A". 34 Section 3. That this Resolution shall become effective immediately. 35 PASSED AND ADOPTED this day of , 2019. 36 CITY OF BOYNTON BEACH, FLORIDA 37 38 YES NO 39 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—Ty Penserga 49 50 VOTE 51 ATTEST: 52 53 54 55 Judith A. Pyle, CMC 56 City Clerk 57 58 59 (Corporate Seal) C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\6B0586C8-OC4B-465E-B6DF-09923BEB33D9\Boynton Beach.15487.1.Agreement for Electric_Vehicle_Charging (FPL)_-_Reso.docx -2- Page 48 of 660 ELECTRIC VEHICLE CHARGING EQUIPMENT AGREEMENT This ELECTRIC VEHICLE CHARGING EQUIPMENT AGREEMENT ("Agreement") is made this day of 20_ ("Effective Date'), by and between the City of Boynton Beach, a municipal corporation under the laws of the State of Florida("Host"), with a location at 3301 Quantum Blvd,Suite 101, Boynton Beach, FL 33426 (the "Property") and Florida Power & Light Company, a Florida corporation ("Company'), with an address at 700 Universe Blvd CEA/JB, Juno Beach, FL, 33408. Host and Company are sometimes individually referred to herein as a".Party"and collectively as the"Parties." WHEREAS,Company desires to install and own electric vehicle charging and related equipment,including electrical power inverters, interconnection equipment, electrical wiring, underground conduit, wire and cable management systems, charging stations, electric meters, metering and switch cabinets,and power distribution boxes(the"Equipment')on the Property and Host desires to have the Equipment installed and agrees to permit Company to utilize the Property upon the terms and conditions set forth below. NOW THEREFORE, in consideration of the mutual promises contained herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged,the Parties hereby agree as follows: 1. Use. Host agrees that Company may use the Property for from the Equipment and record system data to evaluate charging the purposes of, and has the sole right of, constructing, installing, behavior. Host understands and acknowledges that Company operating, inspecting, maintaining, repairing, enlarging, modifying, and/or its contractors will gather data and information from the removing(at any time),testing and replacing the Equipment and any Equipment with respect to vehicle charging activity, vehicle usage additional equipment required to dispense electricity to charge and technical performance of the vehicle and Equipment. Company electric vehicles, together with the following rights: (a) the right of shall own all rights to such data and information. Host acknowledges ingress and egress 24 hours-a-day, 7 days a week; (b)the right, at that such data and information will be used and disclosed by Company's sole cost and expense, to paint/stripe and to install Company and third parties for the purpose of understanding and signage(in either case, in a manner substantially similar to the form evaluating the impact of electric vehicles on transit systems and the attached hereto as Exhibit B)on and around the Equipment; and(c) electric power grid, for use in regulatory reporting, industry forums, Company's quiet enjoyment of the Property needed for purposes of case studies or other similar activities,in accordance with applicable this Agreement shall not be disturbed. The location of the Equipment laws and regulations. The Host will share information requested by is attached as a Property layout/map in Exhibit A. the Company (including, but not limited to, baseline data requests, 2. Term. Subject to this Section 2, the initial term of this electric vehicle information and user surveys). Agreement shall terminate on the seventh (7th) anniversary of the 4. Payment of Electricity. Host is responsible for paying all Effective Date (the "Initial Term"), and unless terminated earlier as consumption costs for electricity dispensed from the Equipment at herein provided, shall automatically renew on a year-to-year basis the rate paid by Host. after the Initial Term until the tenth(10th)anniversary of the Effective 5. Charge for Use of Equipment. Host agrees that users of Date (each year, a "Renewal Term," and each Renewal Term the Equipment will not be charged. together with the Initial Term, the"Term'). If either Party elects not to renew this Agreement for a Renewal Term,then such Party must 6. Interference. During the Term, Host shall not Interfere,or give a written notice of termination to the other Party at least 90 days cause or permit to be caused any Interference,with the Equipment. prior to the expiration of the then-current Initial Term or Renewal For purposes of this Agreement, "Interfere" and"Interference" shall Term,as applicable. In the event such notice is delivered, no further mean interference with Company's use, operation, access, automatic extensions shall occur and this Agreement shall terminate maintenance or repair of the Equipment including: (a) subject any at the end of the then-existing Initial Term of Renewal Term, as portion of the Equipment to any lien or encumbrance unless the applicable. The Company may terminate this Agreement at any time holder thereof delivers a non-disturbance agreement; and (b) sale, and for any reason by giving 30 days'prior written notice to Host. transfer, assignment, lease or sublease any portion of the Property 3. Cooperation.In general,the Parties agree to cooperate to other than subject to Host's rights hereunder. achieve the purposes and intent of this Agreement. Host shall 7. Insurance. Each Party will maintain at all times during the cooperate as necessary with Company (at no cost to Host) in Term, the following insurance: (a) commercial general liability Company's efforts to obtain all permits, licenses and approvals insurance with limits of One Million Dollars ($1,000,000) per necessary for the installation and operation of the Equipment. occurrence combined single limit for bodily injury and property Company will not permit any lien against the Property arising from damage;(b)business automobile liability insurance with limits of One the installation or operation of the Equipment. Company shall(i)pay Million Dollars ($1,000,000) for bodily injury and property damage; any personal property tax which is attributable to the Equipment,and and(c)workers'compensation insurance in compliance with Florida (ii)be the sole recipient and beneficiary of any and all such federal statutes. Such policy or policies shall be issued by companies and/or state tax credits, and other financial incentives arising from authorized to do business in the State of Florida with a minimum A.M. the installation and/or operation of the Equipment. If Company Best financial rating of"A—VII". Company has the right to meet the determines it to be necessary or desirable,the Company may record insurance designated in this section through any combination of self- a memorandum of agreement in the public records of the county in insurance,primary or excess coverage. Host shall also maintain"all which the Property is located and Host shall sign such memorandum risk" property insurance, with limits in the amount of the full of agreement (if needed). The right to access and use of Host's replacement cost of the Property and improvements. Each Party,for electrical system(s) includes for purposes of powering Company's itself and its respective insurers,waives any right to assert any claim computer equipment used in monitoring the electricity dispensed against the other Party to the extent such claim is covered by the -1- Page 49 of 660 waiving Party's insurance. Each Party shall waive all rights of time period, defaulting Party shall not be deemed in default subrogation of its respective insurers. hereunder if defaulting Party has commenced to cure such default within said sixty (60) day time period and thereafter continues with 8. Indemnification. Each Party (the "Indemnifying Party) diligence to complete the cure of such default. shall indemnify the other Party (the "Indemnified Party") from and against all losses,claims,damages or expenses,including attorneys' 12. Remedies. Upon an Event of Default as set forth in fees,incurred by the Indemnified Party in connection with any claims Section 11, non-defaulting Party may (i) perform, or cause to be for personal injury or death to persons and damage to property performed, on behalf and at the expense of defaulting Party, any or (including environmental damage) arising during the Term, to the all of the undertakings or obligations as to which defaulting Party extent arising from the negligence or willful misconduct of the remains in default,in which event defaulting Party will reimburse non- Indemnifying Party, its agents, employees, representatives, defaulting Party for such actual reasonable costs and expenses, contractors, affiliates or sub-contractors. Subject to the next within forty-five(45)days following receipt of invoice and supporting sentence, neither Company nor Host shall be liable to the other for documentation; (ii) exercise any remedy that such non-defaulting consequential, special, exemplary, punitive, indirect or incidental Party may have at law or in equity and(iii)terminate this Agreement losses or damages or for any loss of use, cost of capital, loss of upon 30 days'prior written notice if the defaulting Party has not cured goodwill, lost revenues or loss of profit, nor shall any parent, such default by the expiration of such 30-day period. subsidiary, affiliate or employee of either Party have any liability Notwithstanding the preceding sentence, Host may not perform any under this Agreement,and Company and Host each hereby releases right or obligation of Company under Section 1 or take any other the other and each of such persons and entities from any such action that relocates or physically alters any of the Equipment. liability. The foregoing exclusion shall not be construed to limit recovery under any indemnity or defense obligation of Host under 13. Assignment. Neither Party shall assign this Agreement or this Agreement related to third party claims. In no event shall the any interest herein without the prior written consent of the other aggregate damages payable by a Party hereunder for any reason Partyrop vided, that the Parties acknowledge that the Equipment whatsoever exceed Three Hundred Thousand U.S. Dollars may be covered by Company's utility financing structure. ($300,000.00). Notwithstanding the foregoing, this Section 8 shall 14. Notices. All notices, demands, requests, consents, not be construed or interpreted as a waiver of Host's sovereign approvals and other instruments required or permitted to be given immunity and the limits established in Section 768.28, Florida pursuant to this Agreement shall be in writing,signed by the notifying Statutes. This section shall survive the expiration or earlier Party,or officer,agent or attorney of the notifying Party,and shall be termination of this Agreement. deemed to have been effective upon delivery if served personally, 9. Equipment to Remain Personal Property of Company including but not limited to delivery by messenger, overnight courier and Relocation of Equipment. The Equipment is and will remain service or by overnight express mail, or on the third (3rd) business the property of Company,its successors or assigns,regardless of its day after posting if sent by registered or certified mail, postage use or manner of attachment to the Property. Host agrees to execute prepaid, return receipt requested,and addressed as follows: such further documentation as is reasonably necessary to ensure To Host:To the address set forth in the Preamble above that the Equipment does not constitute, and is not deemed to be, a fixture attached to the Property. During the Term, Host may request, To Company: the VP of Corporate Real Estate at the address set in writing,that Company move the Equipment to another location on forth in the Preamble above. the Property. If Company approves such relocation, in its 15. No Guarantees or Warranties. NOTWITHSTANDING commercially reasonable discretion, Company shall, at the Host's ANYTHING TO THE CONTRARY HEREIN, THE PARTIES cost and expense, relocate such Equipment on terms mutually ACKNOWLEDGE THAT COMPANY IS NOT PROVIDING ANY agreed upon by the Parties. GUARANTEES(INCLUDING GUARANTEES OF PERFORMANCE) 10. Representations. Each Party represents and warrants to OR WARRANTIES OF ANY KIND, WHETHER STATUTORY, and covenants with the other Party that: (a)such Party has full right, EXPRESS, OR IMPLIED (INCLUDING ALL WARRANTIES OF power and authority to execute this Agreement and that this MERCHANTABILITY AND FITNESS FOR A PARTICULAR Agreement shall bind and benefit the Parties and their respective PURPOSE,AND ALL WARRANTIES ARISING FROM COURSE OF successors and assigns; and (b) such Party's execution and DEALING OR USAGE OF TRADE), UNDER THIS AGREEMENT performance of this Agreement will not violate any laws,ordinances, 16. Miscellaneous. covenants or other agreement binding on such Party. Additionally, Host represents and warrants to Company that it has good and (a) Amendment. No modification, waiver or amendment of unencumbered title to the Property either free and clear of any liens, this Agreement or of any of its conditions or provisions shall be mortgages or other encumbrances, or if any lien, mortgage or other binding upon a Party unless in writing signed by that Party. encumbrance exists,then such lien,mortgage or other encumbrance (b) Governing Law; Waiver of Jury Trial. This Agreement (or any environmental restriction)will not prevent the performance of shall be subject to and governed by the laws of the State of Florida, this Agreement or burden or encumber the Equipment. without regard to its conflict of laws principles.The Parties agree that 11. Default. An"Event of Default" means that a Party fails to any action or proceeding arising out of or related in any way to this fully perform any of its covenants under this Agreement within sixty Agreement shall be brought solely in a court of competent jurisdiction (60)calendar days after such defaulting Party receives written notice in the State of Florida. EACH OF THE PARTIES HERETO HEREBY of such default from the non-defaulting Party; rop vided, however, if KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVES such default cannot reasonably be cured within such sixty(60) day THE RIGHT EITHER OF THEM MAY HAVE TO A TRIAL BY JURY -2- Page 50 of 660 IN RESPECT OF ANY LITIGATION BASED HEREON,OR ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. (c) Severability; Counterparts, Publicity. Should any provision of this Agreement be held, in a final and un-appealable decision, to be either invalid, void or unenforceable, the remaining provisions of this Agreement shall remain in full force and effect,and the Parties shall negotiate in good faith to restore insofar as practicable the benefits to each Party that were affected by such ruling. This Agreement may be executed in counterparts, which together shall constitute a single instrument.Neither Party shall issue any press release or otherwise publicize the existence or the terms of this Agreement without the prior written approval of the other Party, which approval will not be unreasonably withheld or delayed; provided that general advertising that refers to a"partnering"(or other terminology of similar import)of either Party with the other Party for the purposes of any of the transactions contemplated hereby, but does not expressly reference this Agreement or disclose any of the terms hereof,shall not be subject to the provisions of this subsection. Filings required by applicable law for any regulatory authority shall, by itself, not be deemed to violate the preceding sentence. 17. Additional Equipment. In the event Host desires to have installed on the Property any additional electric vehicle charging and related equipment,the Host shall notify Company, in writing,of such desire and Company shall, within 30 days after the receipt of such notice,notify the Host in writing of the terms and conditions pursuant to which Company is willing to so install such additional equipment. If the Parties cannot agree on the terms and conditions for installing such additional equipment within 60 days after the Host's receipt of Company's terms and conditions,then the Host may engage a third- party to so install such additional equipment;provided, however,the Host shall use commercially reasonable efforts to share (or cause such third party to share)data and information from such additional equipment with respect to vehicle charging activity, vehicle usage and technical performance of the vehicle and such additional equipment. IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by their respective duly authorized officers as of the date first above written. Host: Company (Florida Power & Light Company): By: By: Name: Name: Title: Title: -3- Page 51 of 660 Exhibit A—Map South Garage CDMM Trl— 1 f 34{,I EM ELEC 4 �P_FA fl 125 iLS"A�6 2E,33 � FPL? $EC JRITY IT HALL P'7.S�J HER DENG—�AND LIDRARY ? T Ci TYP.JF 0 { III``FF I I Y� NSA hPLES FPLES� r 2 SS`CILY HALL a ' I PRRI4140 I ILSR 36 1 .. F'L 1 PEDESTRIAfti:•. 7TZ4 Fn�T/ +' CROSSIN5—V ! SLSR 39 1 r- .. a G6 —v. E-G7 FXB� fir'XIC ' P EHH-1T —�P464 �'�PcbS ��a HH-L2 FXIG v SE IST AVE ILSA 41 FX]Al. (TYPE HH IW �'EEESTRIAN T PE q..HH / EV TYPE SEE A'./E 571 y 4S 1EE AiIE SCID tF f , TvPE u � r� CHARGING STATIONS � - SOUTH {8 SPOTS LAYOUT TBD} I . FPI _ .3 PARKING II GARAGE tl� City Center PT 4S NE 5Si �' TM.t�7�' A W W W h. kr_--� T �^•E" TYPE ]T t �P clURGIHG STATION 3CImL - TEUV Fd o t F4 - F-3a - � LIFT STATION � I k LIICAL DISCONNECT-, h �� IkTL[q: � I Hca (" ITMlkw � W { FIE4§ HI5H r " >� I 5 SCHOOL •� I TI r 7 b CHIL EC � F 6 --Ir+ivE FEEL RaG Por 0 mis P-A� !� Tlxa�sFORl2 W L '-- Ea�IS;Ttrx� FPL TRAWFY MHEa2 SOP-L f TO NE 9EYDVEI) I F-•�I6 n � 4 IEY'�i -' _ �� I X, u F4 s --,tFv '$ EV TYPE ]I �, F4 D � r��1 � L B CHARGING STATION l 'nom , I , ry p „�._.u� s.� -HFi P—4Z r-1 C, -A �d'on5S[NC LS4k-llfPEST 'IAA IEAfSTI# aL5 -3a 1LS�-FTxi£ FaHN F�LSa3 wROSS[t �H I ®r FE # CROSSING FFF7-- ----- — --------- 15 -----------" SEF�41 El----- ✓ ----- ------ E. OCEAN AVE �. Fmli TRUCK -4- Page 52 of 660 Exhibit B—Form of Signage E- TO Parking Stall Signage(12"x 18") grf�(�}r p'v f ON r f U� j���c iyl Vftz u'h,(c Its e Charging Parking Stall Striping -5- Page 53 of 660 ��- lVV et t v t {�l sir, t r VW 7 r t � 1 i� d � r ' \ n ,r }4 4 me _ t is�fif raj {s� Y a v+ 7 C T cl A s Y U .N+ C O £ '.2N T O O N m — i+ 3 E O N O N 7 0 O 0 Yo O C m w 0 m . s v a ° a m 0 m £ w � Y m E m o a 11 a) f O 3 3 a N N Q N Q O O O 3 N Q O Y f s t d LL u Cl E > a o m a n m �i r 4f�v f a � N O •g w o o � m k,"A � _ o � F a N °' 4 m a� c .. ',o a°'ia� fav ami .2 a� o d o f v o U S x9 w N Q o O m U w c w Via . 5 m eD \� } ,.ary fD 0 '� GP.A � Ilk, �1 'ate z,a 0) 15 vvvv;. .? det§ c r- CS$ CS$ se C3 { �.? Cn r -(i j {'D C �1 CS% 0 •� ... �.� r avt` L C.3 {' LU BC$ {' "i;;, ID LL em C.3 ssllz n '� 0 CL M 0 ,� ))�trn+;~. �?Uu4\rxau;;i�<-•:. afIU;�.�v}��1.. C {�' ..m0 LU o { nt1�� fs se tX.f �. ? �,.:,„-.v ���ftSS�'� � �-._,v���,1r�. ffa ��s��)1 t��1fzi�cy�rf ��,��)�s, <,.::• [k tt4s_rf Cl 0 0 E �?IlA4,aAl gt\t r't i<• q {' C.3 iy rrv�S,rr> v. itvir sr v1 Tk. i » Cn 0 ?ua��rrn r •® 'a {' 0 � {�} setX.� 'a b4 6.B. CONSENTAGENDA 4/2/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 4/2/2019 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R19-038-Authorize the City Manager to sign an Agreement with Property Registration Champions, LLC., d/b/a ProChamps for registration and monitoring services of vacant, abandoned, and foreclosed property within the City. EXPLANATION OF REQUEST: Initial Term: March 1, 2019 - February 28, 2020 Property Registration Champions (ProChamps) has been the Administrator of Records for Abandoned, Foreclosed and Vacant Properties for the City of Boynton Beach since January 5, 2010. The purpose of the registration program is to provide a more effective way for the City to manage foreclosed properties without adding staff. The City of Boynton Beach was the first City in Palm Beach County to adopt legislation requiring lenders (mortgagees) to register vacant property to include maintenance at the time of foreclosure filing. The current Agreement with ProChamps expired February 28, 2019. As required by the City's procurement policies, a Request for Information, no. RFI-001-2019 was issued. On January 22, 2019, the City received and opened only one response to the RFI for Administrator of Record; that response was from ProChamps. The contract calls for a $250 fee to be charged for each registration with $150 paid to the City. The contract term is for one year, with the option to renew under the same terms and conditions for three (3), one (1) year terms. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? This contract renewal will allow for continuity of services for the vacant, abandoned, and foreclosed properties in the City without incurring additional costs for staffing. FISCAL IMPACT: Budgeted This agreement provides revenue to the City projected revenue for fiscal year 2018/2019 is$150,000.00 FY 16-17- $266,150 FY 17-18- $ 102,600 FY 18-19- $ 31,175 (to date) ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No Page 56 of 660 CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: CONTRACTS VENDOR NAME: Property Registrations Champions, LLC START DATE: 3/1/2019 END DATE: 3/11/2020 CONTRACT VALUE: MINORITYOWNED CONTRACTOR?: No EXTENSION AVAILABLE?: Yes EXTENSION EXPLANATION: Three (3), one (1) year renewal options under the same terms and conditions. ATTACHMENTS: Type Description D Resolution Resolution appro\Ang Agreement with ProChamps D Agreement ProChamps Agreement D Attachment ProChamps® RFI Page 57 of 660 I RESOLUTION 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 PROPERTY REGISTRATION 6 CHAMPIONS,LLC.,DBA PROCHAMPS OF MELBOURNE,FL FOR 7 REGISTRATION AND MONITORING SERVICES OF VACANT, 8 ABANDONED AND FORECLOSED PROPERTY WITHIN THE 9 CITY; AND PROVIDING AN EFFECTIVE DATE. 10 11 12 WHEREAS, Procurement Services issued a Request for Information No. RFI-001- 13 2019 to which only one response was received and opened on January 22, 2019; and 14 WHEREAS, Property Registration Champions has been the administrator of record 15 for the City since January 5, 2010; and 16 WHEREAS, this Agreement period is from March 1, 2019 to February 29, 2020 with 17 the option to renew the Agreement under the same Terms and Conditions for three (3) 18 additional one-year periods; and 19 WHEREAS, upon recommendation of staff, the City Commission has determined 20 that it is in the best interests of the residents of the City to approve the Agreement between 21 the City of Boynton Beach and Property Registration Champions d/b/a ProChamps for 22 registration and monitoring services of vacant, abandoned and foreclosed property within the 23 City as a result of RFI No. RFI-001-2019; and authorize the City Manager to sign the 24 Agreement. 25 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 26 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 27 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 28 being true and correct and are hereby made a specific part of this Resolution upon adoption 1 C:AProgram Files(X86)ANeevia.Com\DocconverterproATemp\NVDC\B7D11524-619E-42EA-A3D0-15BC8E058DEC\Boynton Beach.15482.1.Prochamps_Property_Registration Agreement - Reso.Docx Page 58 of 660 I hereof. 2 Section 2. The City Commission does hereby approve and authorize the City 3 Manager to sign an Agreement between the City of Boynton Beach and Property Registration 4 Champions d/b/a ProChamps for registration and monitoring services of vacant, abandoned 5 and foreclosed property within the City as a result of RFI No. RFI-001-2019, a copy of which 6 is attached hereto as Exhibit "A". 7 Section 3. This Resolution will become effective immediately upon passage. 8 PASSED AND ADOPTED this day of , 2019. 9 CITY OF BOYNTON BEACH, FLORIDA 10 11 YES NO 12 13 Mayor— Steven B. Grant 14 15 Vice Mayor—Justin Katz 16 17 Commissioner—Mack McCray 18 19 Commissioner—Christina L. Romelus 20 21 Commissioner—Ty Penserga 22 23 VOTE 24 ATTEST: 25 26 27 28 Judith A. Pyle, CMC 29 City Clerk 30 31 32 (Corporate Seal) 33 34 2 C:AProgram Files(X86)ANeevia.Com\DocconverterproATemp\NVDC\B7D11524-619E-42EA-A3D0-15BC8E058DEC\Boynton Beach.15482.1.Prochamps_Property_Registration Agreement - Reso.Docx Page 59 of 660 AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND PROPERTY REGISTRATION CHAMPIONS, LLC., This Agreement is made as of this 1st day of March, 2019 ("Effective Date") by and between Property Registration Champions, LLC dba PROCHAMPS, 2725 Center Place, Melbourne, FL 32940 ("PRC") and the City of Boynton Beach, a Florida municipal corporation, with an address at 3301 Quantum Blvd, Ste. 101, Boynton Beach, FL 33435 (the "City"). WITNESSETH: WHEREAS,because of an overwhelming number of mortgage foreclosures on residential and commercial properties that are in violation of the City of Boynton Beach Code of Ordinances, the care of neglected lawns and exterior maintenance of structures is becoming a health and welfare issue in the City of Boynton Beach; and, WHEREAS, in order to promptly and efficiently address the issues related to the maintenance of foreclosed residential and commercial properties, the City Commission adopted Ordinance 09-040, the City's Property Registration Ordinance (the "Ordinance"); and WHEREAS,pursuant to the Ordinance the City desires to enter into this Agreement with Property Registration Champions, LLC. in order to provide services authorized pursuant to Ordinance 09-040, to register vacant, abandoned, and foreclosed properties so that the City can properly address violations of the City's property maintenance codes (hereinafter "foreclosed property"). WHEREAS,PRC will also provide an electronic registration process that is cost-free and revenue-generating for the City. 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: 1. PRC RESPONSIBILITIES A. PRC will cite the City's Ordinance to mortgagees and proactively contact those that file a public notice of default, lis pendens, foreclosure action, and or take title to real property via foreclosure or other any legal means as outlined in Exhibit "A". PRC will electronically provide for registration of foreclosed properties in violation of applicable City ordinances. B. PRC will pay for all expenses related to registration of all foreclosed property, and all administrative costs and fees related thereto. PRC will investigate, report, or take corrective measures monthly to update property status of all foreclosed 1 Page 60 of 660 property electronically registered and in compliance with the relevant City ordinances. C. PRC will charge a fee of: Two Hundred-Fifty Dollars ($250.00) per applicant to register all mortgagees who comply with Ordinance ("Registration Fee"). PRC shall remit One Hundred-Fifty Dollars ($150.00)of the Registration Fee to the City in consideration of the services provided. PRC shall forward payment of the City's portion of the registration fee to the City's Finance Department no later than the 15th day of the month during the term of this Agreement. D. PRC agrees to provide a website for the registration of each foreclosed property in order to enable compliance with the City's ordinances. The website will direct registrants to the City's website, and further direct traffic, via a hyperlink, to PROCHAMPS.com The website found at www.PROCHAMPS.com will automatically allow lenders and/or responsible parties to comply with the City's Codes. E. PRC will execute the City's website Link agreement and meet all City IT security, and anti-viral requirements. 2. Indemnification: A. PRC shall indemnify and save harmless and defend the City, its trustees, elected and appointed officials, agents, servants and employees from and against any claim, demand or cause of action of whatsoever kind or nature arising out of error, omission, or negligent act of PRC its agents, servants or employees in the performance of its obligations pursuant to this Agreement, for all costs, losses and expenses, including but not limited to, damages to persons or property,judgments, reasonable attorney's fees, paralegal expenses, and court costs at both the trial and appellate levels arising out of or in connection with the operations permitted under this Agreement. B. The parties recognize that various provisions of this Agreement, including but not necessarily limited to this Section,provide for indemnification by PRC and requires a specific consideration be given therefor. The parties therefore agree that the sum of Ten Dollars and 00/100 ($10.00), receipt of which is hereby acknowledged, is the specific consideration for such indemnities, and the providing of such indemnities is deemed to be part of the specifications with respect to the services to be provided by PRC. Furthermore, the parties understand and agree that the covenants and representations relating to this indemnification provision shall serve the term of this Agreement and continue in full force and effect as to the party's responsibility to indemnify. PRC will indemnify and hold City harmless for any negligent acts of PRC or for any violation of any intellectual property laws, contracts or statutes. 3. TERM. This Agreement will terminate one (1) year from March 1, 2019. In addition, the 2 Page 61 of 660 parties may agree to renew this Agreement for an additional three (3), one (1)year terms. 4. TERMINATION. This Agreement may be terminated by either Party with or without cause, immediately upon thirty (30) calendar days written notice. Upon termination by City, PRC shall cease all work performed hereunder and forward to City any Registration Fees owed to the City. 5. SCOPE OF SERVICES: • PRC must cite the ordinance to the responsible person and inform that person of the requirement to register; • PRC is required to collect all of the necessary information required to comply with the registration per City Code (Section 10-51.5); • PRC shall select a responsible Property Manager. • PRC must train and provide support with the responsible person in order for the lender to electronically register the information • PRC must collect the registration fee on behalf of the government and pay the government agreed upon rate. • PRC must train and provide support to the government officials on the use of the procedure to attain the necessary information • PRC must provide the financial accounting for the registrations in compliance with the ordinance. • PRC must provide the records of lenders not in compliance with the ordinance. 6. INSURANCE. PRC shall provide and maintain in force at all times during the Agreement with the City, such insurance, including Workers' Compensation and Employer's Liability Insurance, Comprehensive General Liability Insurance, Automobile Liability Insurance and Errors and Omissions Insurance as will assure to CITY OF BOYNTON BEACH the protection contained in the foregoing indemnification undertaken by PRC. A. Workers' Compensation Statutory limits with $100,000 Employers Liability. B. Commercial General Liability Insurance with limits of no less than $1,000,000.00. Bodily injury shall include operations and premises liability, products and completed operations, owners, and contractors protective liability and personal injury liability. C. Business Auto Liability coverage is to include bodily injury and property damage arising out of operation, maintenance or use of any auto, including owned, non- owned and hired automobiles and employee non-ownership with limits of not less 3 Page 62 of 660 than $1,000,000.00 per occurrence. D. Errors and Omissions Insurance limits of liability provided by such policy shall be no less than $1,000,000.00 to assure City the indemnification specified herein. E. A Certificate of Insurance acceptable to the City shall be provided listing the above coverages and providing 30 days prior written notice to the City in the case of cancellation. The City shall be named as an additional insured and a certificate holder on the Commercial, General, Automobile, and Professional Liability Policies with a waiver of subrogation on the Workers' Compensation/Employer's Liability Policy. A copy of the certificate shall be emailed to the City's Risk Management Department: coi@bbfl.us at the time PRC executes this Agreement. 7. OWNERSHIP AND USE OF DOCUMENTS. All documents, records, applications, files and other materials produced by PRC in connection with the services rendered pursuant to this Agreement shall be the property of the City, and shall be provided to City upon request. PRC shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference and use in connection with Property Registration Champions, LLC's endeavors. In the event of termination of this Agreement, any reports, records, documents, forms, and other data and documents prepared by PRC whether finished or unfinished shall become the property of the City, and shall be delivered by PRC to the City Manager within seven(7)days of termination of this Agreement by either party. Any compensation due to PRC shall be withheld until all documents are received as provided herein. 8. AUDIT AND INSPECTION RIGHTS AND RETENTION OF RECORDS. A. City shall have the right to audit the books, records and accounts of PRC that are related to this Agreement. PRC shall keep such book, records, and accounts as may be necessary in order to record complete and correct entries related to this Agreement. PRC shall preserve and make available, at reasonable times for examination and audit by the City, all financial records, supporting documents, statistical records, and any other documents pertinent to his Agreement for the required retention period of the Florida Public Records Act (Chapter 119, Florida Statutes), if applicable, or, if the Florida Public Records Act is not applicable, for a minimum period of three(3} years after termination of this Agreement,unless PRC is notified in writing by the City of the need to extend the retention period. Such retention of such records and documents shall be at Property Registration Champions, LLC,'s expense. If an audit has been initiated and audit findings have not been resolved at the end of the retention period or three (3} years, whichever is longer, the books, records, and accounts shall be retained until resolution of the audit findings. If the Florida Public Records Act is determined by the City to be applicable to Property Registration Champions, LLC.'s records, PRC shall comply with all requirements thereof, however, no confidentiality or non-disclosure requirement of either federal or state law shall be violated by Property Registration Champions, LLC. Any incomplete or incorrect entry in such books, records, and 4 Page 63 of 660 accounts shall be a basis for City's disallowance and recovery of any payment upon such entry. B. In addition, PRC shall respond to the reasonable inquiries of any successor companies and allow and successor companies to receive working papers relating to matters of continuing significance. In addition, PRC shall provide a complete copy of all documents papers to the City, prior to any final payment, in accordance with this Agreement. 9. INDEPENDENT CONTRACTOR. This Agreement does not create an employee/employer relationship between the parties. It is the intent of the parties that PRC is an independent contractor under this Agreement and not the City's employee for all 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 Workers Compensation Act, and the State unemployment insurance law. PRC shall retain sole and absolute discretion in the judgment of the manner and means of carrying out Property Registration Champions, LLC's activities and responsibilities hereunder. PRC agrees that it is a separate and independent enterprise from the City, that it has full opportunity to find other business, that it make 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 PRC and the City and the City will not be liable for any obligation incurred by PRC, including but not limited to unpaid minimum wages and/or overtime premiums. 10. NOTICES.Whenever any party desires to give notice unto any other party,it must be given by written notice, sent by registered United States mail, with return receipt requested, hand delivery or facsimile transmission with receipt of delivery, addressed to the party for whom it is intended and the remaining party, at the places last specified, and the 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. Notice shall be deemed to have been given upon receipt. For the present, PRC and the City designate the following as the respective places for giving of notice: CITY: City of Boynton Beach P.O. Box 310 Boynton Beach, FL 33425 Attn: Lori LaVerriere, City Manager Copy To: James A. Cherof, City Attorney Goren, Cherof, Doody & Ezrol, P.A. 3099 East Commercial Boulevard, Suite 200 Fort Lauderdale, Florida 33308 Telephone No.(954) 771-4500 Facsimile No. (954) 771-4923 5 Page 64 of 660 PRC: Property Registration Champions, LLC. 2725 Center Place Melbourne, FL 32940 Attention: David Mulberry 11. ASSIGNMENT. This Agreement, or any interest herein, shall not be assigned, transferred or otherwise encumbered, under any circumstances, by PRC without the prior written consent of City. For purposes of this Agreement, any change of ownership of PRC shall constitute an assignment which requires City approval. However, this Agreement shall run to the City and its successors and assigns. 12. AMENDMENTS. 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. 13. BINDING AUTHORITY. Each person signing this Agreement on behalf of either party individually warrants that he or she has 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. 14. LAWS AND ORDINANCES. PRC shall observe all laws and ordinances of the City, county, state, federal or other public agencies directly relating to the operations being conducted pursuant to this Agreement. 15. EQUAL EMPLOYMENT OPPORTUNITY. In the performance of this Agreement, PRC 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. 16. WAIVER. Any failure by City to require strict compliance with any provision of this Agreement shall not be construed as a waiver of such provision, and City may subsequently require strict compliance at any time, notwithstanding any prior failure to do so. 17. 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. 18. GOVERNING LAW. This Agreement shall be governed by the laws of the State of Florida with venue lying in Palm Beach County, Florida. 19. ATTORNEY'S FEES AND COSTS. In the event of a dispute arising out of this Agreement, the prevailing party shall be entitled to recover reasonable attorney's fees, paralegal expenses, and costs, including fees and costs incurred at all pretrial, trial and appellate 6 Page 65 of 660 levels. 20. ENTIRE AGREEMENT. This Agreement represents the entire and integrated agreement between the CITY and the PRC and supersedes all prior negotiations, representations or agreements, either written or oral. 21. 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: (CITY CLERK) 3301 QUANTUM BLVD. BOYNTON BEACH, FLORIDA, 33435. 561-742-6061. PYLEJ@BBFL.US 22. SCRUTINIZED COMPANIES -- 287.135 AND 215.473 By execution of this Agreement, Contractor certifies that Contractor is not participating in a boycott of Israel. Contractor further certifies that Contractor is not on the Scrutinized Companies 7 Page 66 of 660 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. IN WITNESS WHEREOF, the parties hereto have affixed their hands and seals the day and year first above written. CITY OF BOYNTON BEACH PROPERTY REGISTRATION CHAMPIONS, LLC Lori LaVerriere, City Manager Signature of Authorized Official Printed Name of Authorized Official Attest/Authenticated: Title (Corporate Seal) Judy Pyle, City Clerk Approved as to Form: Attest/Authenticated: James A. Cherof, City Attorney Secretary 8 Page 67 of 660 EXHIBIT "A" Ordinance Requirements Ordinance No. 15-001 and Resolution No. R15-017*: Foreclosure: Registration Fee $250 Late Fee N/A Registration Triggers -Pre-Filing (default)', Occupied or Vacant -Post-Filing (NOD"/LP"') Occupied or Vacant -REO'°, Occupied or Vacant Renewal 12 months Org Exemptions VA, HUD, USDA per PRC policy Property Exemptions N/A Resolution No: R11-033: Foreclosure: Registration Fee $200 Late Fee N/A Registration Triggers -Pre-Filing (default), Vacant -Post-Filing (NOD/LP), Vacant -REO, Occupied or Vacant Renewal 12 months Org Exemptions VA, HUD, USDA per PRC policy Property Exemptions Vacant Lots Ordinance No. 09-040: Foreclosure: Registration Fee $150 Late Fee N/A Registration Triggers -Pre-Filing (default), Vacant -Post-Filing (NOD/LP), Vacant -REO, Vacant Renewal 12 months Org Exemptions VA, HUD, USDA per PRC policy Property Exemptions Vacant Lots *PRC acknowledges Ordinance No. 18-007 that clarified the language in Ordinance No. 15-001 but did not make any changes to the requirements Pre-filing(default) - captures the time period during which the terms of the mortgage are not being complied with but before a notice of default or a lis pendens is filed. "NOD—Notice of Default PRC: Community: 9 Page 68 of 660 LP—Lis Pendens '°REO—Real Estate Owned PRC• Community: 10 Page 69 of 660 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 RFI-001 -2019 NOTICE OF INTENT TO SOLE SOURCE The City of Boynton Beach intends to purchase consulting services from PROPERTY REGISTRATION CHAMPIONS, LLC, a property consulting company that meets the demands of the city. The City of Boynton Beach is seeking a consultant who can notify the specific person(s) responsible to deal with the issues that adversely affect local government, namely foreclosed, abandoned, vacant property. The Consultant is responsible for determining the name of the lender and the responsible person(s) within the lending institution and/or servicer of the loans. The deliverables are as follows: • Consultant must cite the ordinance to the responsible person and inform that person of the requirement to register; • Consultant is required to collect all of the necessary information required to comply with the registration per City Code (Section 10-51) attached; and to select a responsible Property Manager. • Consultant must train and provide support with the responsible person in order for the lender to electronically register the information • Consultant must collect the registration fee on behalf of the government and pay the government agreed upon rate per proposal attached. • Consultant must train and provide support to the government officials on the use of the procedure to attain the necessary information • Consultant must provide the financial accounting for the registrations in compliance with the ordinance. • Consultant must provide the records of lenders not in compliance with the ordinance. Page 70 of 660 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 PURPOSE OF THIS NOTICE OF INTENT TO SOLE SOURCE POSTING: This Request for Information (RFI) is intended to establish whether the commodity or service specified above is currently available from multiple suppliers. This is not a request for pricing or a commitment to purchase. Notice Start Date: January 15, 2019 Notice End Date: January 22, 2019 Contact Person: Eric Marmer, Tel: 561-742-6318 or email: marmere(a)bbfl.us Interested firms or individuals may identify their interest and capability to respond to the requirements, by submitting in writing their name, address, point of contact, telephone number, business size, and a statement regarding capability to provide the specified commodity or service. Also, please reference this RFI number in the subject line of your email. The City of Boynton Beach must receive replies to this notice no later than 5:00 PM, local time, on Tuesday January 22, 2019. Any responses received as a result of this RFI shall be considered solely for the purpose of determining whether to conduct a competitive procurement. The City shall be the sole and final fudge in determining if the supplier meets the qualification requirements for sole source. Page 71 of 660 6.C. CONSENTAGENDA 4/2/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 4/2/2019 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R19-039-Amending Resolution R19-017 with revised language that indicates support for the City's grant request to the Palm Beach Transportation Planning Agency (TPA) Transportation Alternatives Program. The revised resolution will include updated construction estimates and increase the grant request to $1 million. The grant will fund the installation of a 10ft shared use path along SE 1st Street. EXPLANATION OF REQUEST: December 13, 2018, the Palm Beach Transportation Planning Agency's Board approved the Transportation Alternative Program Grant Offering (see attachment 1 —2019 Transportation Alternatives Overview). The purpose of the grant is to help fund projects that improve the safety and/or convenience of infrastructure for non-motorized users. On February 5th, Commission approved funding of 30% civil engineering plans needed to support the City's grant application. February 19th, Commission approved Resolution R19-017 indicating support of the Commission for the SE 1St St sidewalk project, with the knowledge the Resolution would be considered when the TPA scores the applications. R19-017 was based upon the project concepts and preliminary estimates and indicated the project would include the addition of a sidewalk estimated at$750,000 to be covered by the grant if the project were awarded. March 1St, Kimley-Horn and Associates (KHA) completed the 30% plans, engineer's estimate of cost, and submitted the grant application in accordance with the Transportation Planning Authority's submittal deadline. Resolution R19-017 was withheld from the submittal package because the cost estimate completed by KHA indicated that the cost of the project was$2,392,711 and the City would be eligible for the maximum award of $1 million (see attachment 1). The remainder of the project's design and construction cost will be funded by the City's Street Maintenance Sales Taxfunds. The design cost will be borne by the City in the fiscal year 2020 and the City's portion of the construction cost will be in the fiscal year 2022. Per the requirements of the grant submittal the Resolution of support is due by May 3, 2019. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The project will provide a safe shared use path along SE 1st Street and a sidewalk on SE 5th Ave (from SE 1st St to Pence Park). FISCAL IMPACT: Budgeted The funding of the engineering and surveying required to produce the 30% Civil engineering design plans, was funded from the Street Maintenance Sales Tax funds (303-4905-580.63-08). ALTERNATIVES: None Page 72 of 660 STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Resolution Resolution amending Reso R19-017 D Attachment Attachment 1 - TPA's TA Over\Aew D Attachment Attachment 2 -Application D Attachment Attachment 3 - Cost Estimate Page 73 of 660 I RESOLUTION NO. R19- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA 4 AMENDING RESOLUTION R19-017 SUPPORTING THE CITY'S 5 REQUEST TO THE PALM BEACH TRANSPORTATION PLANNING 6 AGENCY (TPA), INCLUDING UPDATED CONSTRUCTION 7 ESTIMATES AND INCREASING THE GRANT REQUEST TO $1 8 MILLION AND; AND PROVIDING FOR AN EFFECTIVE DATE. 9 10 WHEREAS, the CITY OF BOYNTON BEACH is eligible to apply for funding in an 11 amount not to exceed $1 Million from the MPO Transportation Alternatives Program; and 12 WHEREAS, on February 19th, the Commission approved Resolution R19-017 13 indicating support of the SE 1st St sidewalk project, with the knowledge the Resolution would 14 be considered when the TPA scores the applications; and 15 WHEREAS, Resolution R19-017 was based upon the project concepts and preliminary 16 estimates and indicated the project would include the addition of a sidewalk estimated at 17 $750,000 to be covered by the grant if the project were awarded; and 18 WHEREAS,Resolution R19-017 was withheld from the submittal package because the 19 cost estimate completed by Kimley Horn Associates on March 1 st indicated that the cost of the 20 project was $2,392,711 and the City would be eligible for the maximum award of$1 million; 21 and 22 WHEREAS, the CITY OF BOYNTON BEACH desires to make improvements to SE 23 1st Street, between Boynton Beach Boulevard and Woolbright Road, through the construction 24 of sidewalks and traffic calming enhancements referred to as the SE 1st Street Complete Streets 25 Improvements (the Project); and 26 WHEREAS, the Project will be constructed completely within right-of-way owned by 27 the CITY OF BOYNTON BEACH; and 28 WHEREAS, the City of Boynton Beach has indicated formal support for the project 29 through execution of this Resolution; and 30 WHEREAS, If the Project is funded by the TPA, the CITY OF BOYNTON BEACH 31 agrees to appropriate such funds as may be necessary to design the Project, to manage the C:AProgram Files(X86)ANeevia.Com\DocconverterproATemp\NVDC\58424DB1-CF85-4871-923A-850E7A86FA99\Boynton Beach.15554.LTPA_Funding_For_Sidewalk_At_SE_lst_Street_(Rev)_-_Reso.Docx Page 74 of 660 32 construction of the project, and to be reimbursed for eligible construction costs associated with 33 the Project in an amount not to exceed $1,000,000.00; and 34 WHEREAS, after construction of the Project, the CITY OF BOYNTON BEACH 35 agrees to appropriate such funds as may be necessary for the continued operation and 36 maintenance of the Project. 37 NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSIONOF 38 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 39 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 40 being true and correct and are hereby made a specific part of this Resolution upon adoption. 41 Section 2. The City Commission hereby approves and supports the application for 42 the Transportation Alternatives Program to the TPA for the funding of the Project in an amount 43 not to exceed $1,000,000. 44 Section 3. The City Commission agrees to appropriate such funds as may be 45 necessary to design the Project, to manage the construction of the project, and to support the 46 continued operation and maintenance of the Project. 47 Section 4. That this Resolution shall become effective immediately. 48 PASSED AND ADOPTED this day of , 2019. 49 CITY OF BOYNTON BEACH, FLORIDA 50 YES NO 51 52 Mayor— Steven B. Grant 53 54 Vice Mayor—Justin Katz 55 56 Commissioner—Mack McCray 57 58 Commissioner—Christina L. Romelus 59 60 Commissioner—Ty Penserga 61 62 VOTE 63 ATTEST: 64 65 66 Judith A. Pyle, CMC 67 City Clerk 68 (Corporate Seal) C:AProgram Files(X86)ANeevia.Com\DocconverterproATemp\NVDC\58424DB1-CF85-4871-923A-850E7A86FA99\Boynton Beach.15554.LTPA_Funding_For_Sidewalk_At_SE_lst_Street_(Rev)_-_Reso.Docx Page 75 of 660 2019 Transportation Alternatives (TA) Program Overview Palm Beach Transportation Planning Agency The purpose of the Palm Beach Transportation Planning Agency's (TPA) Transportation Alternatives (TA)program is to help fund connected infrastructure for non-motorized users. Construction funding is typically provided three years out. Funding is available by Fiscal Year, starting July 1st of the previous calendar year. At g R s 2022 FUNDING AVAILABILITY Application Deadline: March 1, 2019 Total Available Funding: —$3.1M/year Grant Reimbursement Maximum: $1,000,000 Grant Reimbursement Minimum: $250,000 PROJECT ELIGIBILITY Eligible projects are as follows: • Sidewalks • Conversion of abandoned railroad corridors to • Bicycle Infrastructure trails for non-motorized transportation users • Pedestrian and Bicycle signals • Recreation trails • Traffic calming • Boulevard & main street projects that promote • Lighting and other safety-related infrastructure economic revitalization and follow "complete • Safe Routes to School for non-drivers, including safe streets" principles routes to transit • Historic Preservation • Safe Routes to School (infrastructure and non- • Transit-Oriented development (TOD) infrastructure, including Safe Routes to School infrastructure is also eligible and encouraged, if Coordinator) it includes one of the above project categories. ELIGIBLE PROJECT SPONSORS • Local governments • School District, local education agencies, or • Regional Transportation authorities schools • Transit Agencies • Tribal governments • Natural Resource or Public Land Agencies • Nonprofits are eligible to partner with any eligible entity, but are not eligible as direct grant recipients. Page 1 of 5 Page 76 of 660 2019 Transportation Alternatives (TA) Program Overview Palm Beach Transportation Planning Agency PROGRAM GUIDELINES • An applicant may submit a maximum of two (2) applications, but Palm Beach County may submit a maximum of six (6) applications. Only the highest ranking eligible project application will be included in the draft priority list. If funding permits, a second round of projects may be added to the priority list. • An application must score a minimum of 25 out of 110 points in order to be eligible for Board approval on the Project Priority List. • Applications are limited to a minimum request of $250K and maximum funding amount of $11VI, inclusive of all project phases. • Applications must be submitted online via the TPA website. • Applications are to be submitted, reviewed and processed pursuant to the schedule. • Applications must include all required documents listed in the Submittal Checklist. • Applications will be scored and ranked via the scoring system derived from the goals, objectives and values in the Directions 2040 LRTP and described more specifically in the Scoring Criteria table. • The TPA Board makes the final decision regarding inclusion of an application on the TPA Priority Projects List and may waive any of the above requirements. Page 2 of 5 Page 77 of 660 2019 Transportation Alternatives (TA) Program Overview Palm Beach Transportation Planning Agency SCHEDULE Date Activity and Deadline December 13,2018 Program Kick-off. TPA Board approves program. Joint Applicant Workshop. FDOT and TPA staff to review application requirements, scoring criteria, and schedule and project implementation December 14, 2018 options.TPA Staff distributes the procedure and application process information to Palm Beach agencies, posts to website and opens the website submittal portal. TPA and/or FDOT Staff Consultation. Applicants are encouraged to schedule an appointment to speak with TPA and FDOT representatives to December 14, 2018 discuss project specifics and clarify application requirements. thru February 22, 2019 Project Reviews by Applicant. Prior to application submittal, project applicants are encouraged to have qualified staff conduct field reviews to ensure that potential projects are"constructible" and require no right-of way acquisition. March 1, 2019 Applications Due to TPA. Completed applications to be submitted by project applicants via TPA website no later than 5 pm. TPA Application Screening. TPA staff will screen applications for March 1—March 15, 2019 completeness and then determine a pre-eligibility ranking for those projects that appear to be eligible and "constructible". TPA Submits Project List and Tentative Ranking to FDOT. TPAs submit March 15, 2019 applications and a summary list of candidate projects with tentative project rankings to the Program Management Office for project feasibility assessment and eligibility determination. April 3, 2019 Community letters of support due to TPA. Letters of support from community groups are needed for scoring projects. April 4, 2019 Applicant Presentations to BTPAC and TPA Staff. BTPAC will rank projects according to committee priority. Resolution of Support Due to TPA. Applicants must submit a resolution May 3, 2019 from their governing body and/or the governing body of the facility owner endorsing the project and committing to funding of operations and maintenance. May 24, 2019 FDOT D4 returns Eligibility Determinations. TPA shares eligibility issues with applicants and creates draft priority ranking for eligible projects. Applicants to Resolve Outstanding Eligibility Issues. Applicants must July 1, 2019 submit modifications to application documents by 5 pm to be declared eligible. Draft Priority List to Committees. TPA staff presents draft prioritized list July 10-11, 2019 of eligible applications to committees for review and input for TPA Board consideration. July 18, 2019 Final Priority List to TPA Board. TPA Board approves final Priority Project List. Submit Project Priorities to FDOT. The TPA submits an adopted list of July 24, 2019 finalized priority projects to the FDOT D4 Program Management Office and notifies sponsors of final priority rankings. Page 3 of 5 Page 78 of 660 2019 Transportation Alternatives (TA) Program Overview Palm Beach Transportation Planning Agency SCORING CRITERIA Highest Possible score is 110 LRTP Value LRTP Category Criteria Value Scoring Max *separated bicycle lanes-4 8 *10'+shared-use pathways-4 8 Project improves non-motorized safety *8' pathways-3 6 by providing*: *buffered bike lanes-4 8 *new sidewalks-1 2 designated bike lanes-2 4 Safety,Security 1&6 and Complete 34 Streets Project improves safety and/or convenience for non-motorized users(i.e. provide safe routes for non-drivers, including children,older adults,and individuals with 10 disabilities to access daily needs) Improves safety in a location identified as a pedestrian and/or bicycle crash hot 10 spot or corridor by the Palm Beach TPA's Pedestrian and Bicycle Safety Plan Local Implementation via Local Agency Program (LAP)Agreement 5 Maximize TPA FDOT Implementation on State Highway System with Local Funding for design 3 4 Funds FDOT Implementation with Local Funding for design 1 5 Applicant cancels a previously prioritized and funded project within the past 12 5 months Median Household income within 1 mile <60% 5 of project vs PBC median income 60-<80% 3 5 ($55,277) 80%-<100% 1 5 Equity >80% 5 >60-80% 4 Traditionally underserved population percentage within 1 mile of project >40%-60% 3 5>20% 40% 2 5-20% 1 Project has been tested as a pilot/pop-up with local funds 5 7a Local Support Project is endorsed by members of benefit area (HOA, POA, local bike group,etc.) 5 Project will have positive environmental impacts(ie. mitigation activity,pollution 18 prevention &abatement,stormwater management,etc.) 5 7b Environmental Projects that promote alternative fuel modes of transportation. 3 Project improves non-motorized facilities at an interchange, bridge, or railroad 6 crossing Non-motorized 9 Connectors Project improves non-motorized connectivity by providing a direct link to facilities 15 on PBC Thoroughfare Map or within 2 miles of a transit hub,or publicly-accessible 9 historic,cultural,and natural areas 10 Efficient Transit Project improves access to a transit hub 10 10 Proximity Project is within 2 miles of a school 7 Benefit Project is within 1 mile of a shopping center 5 15 Project is within 1 mile of a recreational center or park 3 *Multiply length (up to 2 miles) by factor shown in value column 110 Page 4 of 5 Page 79 of 660 2019 Transportation Alternatives (TA) Program Overview Palm Beach Transportation Planning Agency HOW TO APPLY 1. Attend the TPA Funding Programs Workshop—December 14, 2018 Learn about project eligibility, Local Agency Program Certification, and have your specific questions answered by FDOT and TPA Staff. Workshop video available online at http://www.PaImBeachTPA.org/ta 2. Gather the required documents Each project submittal requires an application, online form, and supporting documents. Missing or late documents may prohibit a project from being eligible. Ensure you have all the required documents on the Submittal Checklist, provided below. 3. Submit an application and online form The application process requires the submittal of the application document with associated attachments and an online form. The website provides a link for uploading your documents. http://www.PaImBeachTPA.org/ta 4. Stay Updated Check for updates on Project Evaluation, Prioritization, and Award Approval. The Submission Process and Timeline provides all important deadlines. SUBMITTAL CHECKLIST Ptdecise t.ise thefollowing checklist to enst.dB"e yot..i{:of e fB'2ch.d(..-fi 2t gill t:doct.df`2"feB2ts d`egtffB'e df to e""v"i.7:'imitte.{:df with youf ❑ Application ❑ Location Map (Aerial) ❑ Typical Section (Existing and Proposed) ❑ Right-of-Way Ownership Verification (Plats, deeds, prescriptions, certified surveys and/or easements) ❑ Community letters of support (due April 3, 2019) ❑ Resolution of support from the facility owner(s) clearly indicating that the project may be constructed as proposed and a committing to fund ongoing operations and maintenance of the project–due within 60 days of application due date (May 3, 2019). Resolutions for projects to be administered by FDOT must also include language clearly stating the project"may be administered and constructed by FDOT on behalf of the (ROW owner)." ❑ Detailed Cost Estimate Spreadsheet (prepared and signed by a Professional Engineer from the Agency's Engineering Office) ❑ Photograph of project location before construction ❑ Documentation of public outreach Page 5 of 5 Page 80 of 660 PALM BEACH Transportation Planning Agency 2019 APPLICATION FORM Project Funding for Transportation Alternatives (TA) Program Project Title SE 1st St. Complete Streets Improvements Project Sponsor City of Boynton Beach WHAT DO YOU WANT TO BUILD? In no rnore than 3 sentences, provide o generol description of the prcaiect and what it will oc-c4ornplish. The SE 1 st St Complete Streets Improvements project, between E Woolbright Rd and SE 2nd Ave, in the City of Boynton Beach provides enhanced pedestrian connectivity and safety through the construction of an approximate 1-mile, 10 foot shared use path on the west side of the street. The project supports the Palm Beach TPA, City of Boynton Beach, and Boynton Beach CRA's complete streets initiatives and provides connections and improved access to City Hall/Library building and RA______'_ 1____ ---_I__ SAA ----•1- -r I I-----•---- ----I ----- T1__ --1 WHO OWNS THE RIGHT-OF-WAY? Check whether the applicant oranother agency owns the Right-ollf_VVay where the Iasi-t will be built, Resolution of support from facility owner clearly indicating that the project may be constructed as proposed is a required attachment(see submittal checklist). 0 Applicant ❑ Other Agency Requires resolution from owner allowing project to be built. The City of Boynton Beach owns and maintains SE 1 st Street right-of-way, between Boynton Beach Blvd and Woolbright Rd. and SE 5th Ave right-of-way between SE 1 st St and the rail road crossing. WHO IS DOING WHAT? Check the applicable boxes, All projects on state highways must he orleainistered and constructed by FDOT For projects on local roadways, county or city), the applicant t may orlrninister the project, or ask FDOT to administer the project on their behalf, Locally adrninisterecl projects, require a Local Agency Program Lek agreement to administer Federal Aid projects in accordance with DOT's (topic no, 525 010.00), Please note that Transportation Alternatives Funds are only used for project Construction (CST) and FDOT Oversight activities. Administered by: Funded by: Design (PE) 0 Applicant or consultant 0 Applicant Construction (CST) EI Applicant or consultant 0 Applicant ❑ Other ❑ TPA Const Eng& Inspect(CEI) 0 Applicant or consultant 0 Applicant www.PaImBeachTPA.org 1 Page 81 of 660 APPLICANT CONTACT INFORMATION Contact Person Gary Dunmyer, P.E. Title City Engineer Email DunmyerG@bbfl.us Phone Number 561-742-6231 Address 3301 Quantum Blvd, Suite 101, Boynton Beach, Florida 33426 PROJECT LOCATION Road Name SE 1st Street Road Number NA-Local Road Project Limit Begin E. Woolbright Road Project Limit End SE 2nd Ave QUALIFYING ACTIVITIES FOR FUNDING Check the o: Trc ris rortotion Ater°motives activity that represents th rncfor°ity off$. the work the proposed prQiect will o r ae ss5 Eligible activities must be consistent with d toils described under 23 U.S.C. 133(h)(3), FV_1 Construction of on-road and off-road trail facilities for pedestrians, bicyclists, and other non-motorized forms of transportation, including sidewalks, bicycle infrastructure, pedestrian and bicycle signals, traffic calming techniques, lighting and other safety-related infrastructure, and transportation projects to achieve compliance with the Americans with Disabilities Act of 1990 ❑ Construction of infrastructure-related projects and systems that will provide safe routes for non-drivers, including children, older adults, and individuals with disabilities to access daily needs. ❑ Conversion and use of abandoned railroad corridors for trails for pedestrians, bicyclists, or other non- motorized transportation users ❑ Safe Routes to School non-infrastructure-related activities to encourage walking and bicycling to school, including public awareness campaigns and outreach to press and community leaders, traffic education and enforcement in the vicinity of schools, student sessions on bicycle and pedestrian safety, health, and environment, and funding for training, volunteers, and managers of safe routes to school programs. tote, t=lorido's Safe Routes to School lrafrostru tore application must oecornpony this application to be considered for funding. ❑ Application attached ❑ Other eligible activities not specified above www.PaImBeachTPA.org 2 Page 82 of 660 PROJECT TYPICAL SECTION INFORMATION Connp6ehethe fb0owing inform atimnfor ƒ�obre� dinenskon� & r�htofmxzy0nes, ��e�up�o/ section information provides onunde/sbxnding of the spocingnequirenrsntdifferences between the ex��ngƒcicilities and the proposedƒor8t6es, EXISTING PROPOSED RIGHT-OF-WAY WIDTH 50 50 Project must fit within current ROW, acquisition is not permitted PEDESTRIAN OR MULTIUSE FACILITIES Length (miles)for one direction. Do not count both sides of roadway. 0.05 1 Width on North or West side (feet)* 5 Width on South or East side (feet)* -0 BICYCLE FACILITIES Bike Lane Length (feet)for one direction. Do not count both sides of roadway. 0 0 Width on North or West side (feet)* (not Including Buffer Width) 0 Buffer Width on North or West side (feet)* Width on South or East side (feet)* (not Including Buffer Width) 0 Buffer Width on South or East side (feet)* 0 F 0-1 Proposed improvements requires: MOTORIZED VEHICLE FACILITIES Number of Through Travel Lanes 2 2 Typical Through Lane Width (feet) 10 10 20 Total Width* (No.Travel Lanes x Lane Width) 20 Posted Speed Limit 25 25 Design Speed (if known) 30 30 MEDIANISWALEICURB Median/Center Turning Lane Width (feet)* E==O==E--0 Swale Width (feet)* 16 Curb Width (feet)* 2 *TOTAL WIDTH OF ALL COMPONENTS(Add all rows with red for total width) Must 50 50 fit within existing right-of-way. R|GHT'OF'DVAYOWNERSHIP DOCUMENTATION Describe the project's existing ri0ht'of-vvayownerships. This description shall identify when the ri0ht'of'vvaywas acquired and how ownership is documented (i.e. plats, deeds, prescriptions, certified surveys, easements). |fri0ht'uf-wayisan easement' please describe the easement language. Right-of-way ownership verification documents are a required attachment(see submittal checklist onpage y). City OfBoynton Beach owns and maintains the [ight-Of-w@Vwithin the project limits. A copy of the most recent survey performed for the project design is attached. xvvvvv.Pa|mBeachTPA.ur8 3 Page 83Of660 PROJECT SCOPE OF WORK Describe how the proposed irr proverrrents will affecthefoll� ing ADA items(crosswalks,sidewalks, ramps, etc.) All proposed crosswalks, sidewalks, ramps, etc. comply with ADA standards R YES ONO All proposed crosswalks, sidewalks, and ramps will comply with ADA standards. Access Management revisions (median modifications, impacts to driveways,etc.) YESE] NO®✓ The existing roadway alignment along the project corridor is a two lane, undivided local road. There are no proposed medians or changes to existing access along the corridor as part of this project. Pedestrian and/or Roadway Lighting Pedestrian lighting proposed YESE] NO[E] Roadway lighting proposed YESE] NO®✓ No new pedestrian or roadway lighting is proposed as part of this project. Landscape(with Local Funds) Median landscape proposed1:1 YES ✓ NO Other landscape proposed DYES [E]NO Irrigation items proposed YES ✓ NO No new landscaping is proposed as part of this project. Removal/replacement of existing landscaping within City right-of-way is not included in the cost estimates but will be completed by the City. Signalization Pedestrian signals proposed YES ®✓ NO Existing signalization to be replaced 1:1 YES ®✓ NO New traffic signalization proposed F�YES ®✓ NO N/A. No changes to signals are proposed or impacted as part of this project. Transit Improvements Queue jump possible YES ®✓ NO Transit provider concurrence provided YESE] NO®✓ Upgrade existing bus bay area 1:1YES ®✓ NO N/A. Changes to transit amenities are not associated with this project. The addition of a shared use path will improve accessibility to existing transit facilities along Boynton Beach Blvd and Woolbright Rd. School Zone Modifications Existing flashing school zone signal on state road YES ®✓ NO High emphasis cross walk at unsignalized crossing YES ®✓ NO The proposed project will not impact existing school zones. www.PaImBeachTPA.org 4 Page 84 of 660 Utility Modifications Sub-surface relocation is required ®✓ YES F�NO Utility coordination is required ElYES ONO There is an existing power utility pole located south of Ocean Drive on SE 1st Street, on the southeast corner of the existing building that is within the proposed path of the shared use path. Coordination will be made with the utility company to relocate the pole. Cost associated with the relocation is not included as part of the grant and will be covered by the City. Drainage and/or other Permits Existing closed drainage system to remain YES ®✓ NO Existing open drainage system to remain FIYES ®✓ NO Drainage along the corridor north of Ocean Avenue is closed and will remain closed. The existing drainage south of Ocean Avenue along the corridor is open. As part of this project the drainage system south of Ocean Avenue will be converted to a closed drainage system. Railroad Crossing Modifications Rail crossing within limits 1:1 YES ®✓ NO Replace railroad signal equipment and gates 1:1 YES ®✓ NO The corridor does not include a railroad crossing. Bridge Modifications Proposed pedestrian bridge EYES ®✓ NO Bridge replacement YES [E]NO Proposed bridge widening EYES ®✓ NO The corridor does not require any bridge modifications. Other Scope Items The project will include the construction of a 10'shared use path on the west side of the SE tat Street between Wool bright Road and SE 2nd Avenue.The proposed shared use path will be constructed within the existing City owned and managed right-of-way.The existing open system drainage system between Ocean Avenue and Woolbright Road will be converted to a closed system with curb and gutter.The existing closed drainage system north of Ocean Avenue will remain.Incoordination with the City's existing City Hall reconstruction project,between NE tat Street and E Boynton Beach Boulevard and proposed redevelopment between SE 2nd Ave and NE tat Ave,existing sidewalk will be widened to 8 feet to expand the proposed pedestrian realm and continue the connectivity along the full SE tat St.corridor. In addition to the improvements along SE tat Street,the pedestrian connectivity is being extended east along SE 5th Avenue on the south side,with the construction of a 5 foot sidewalk between SE tat Avenue and the railroad crossing to the east(-450'in length).The proposed sidewalk would connect to the existing ADA compliant ramps on the west of the tracks and will not require crossing the railroad tracks. Summarize any special characteristics of the project. The City has submitted this project to the TPA for consideration as part of a greater redevelopment effort. The City has recently invested in and is a part of a P3 project known as the Boynton Beach Town Square.Town Square consists of 700 dwelling units,a 100+bed hotel,a$11 million Old School Civic Center rehabilitation,and several thousand square feet of commercial/retail uses. Town Square is located in the City's Cultural District,as defined by the Community Redevelopment Plan.The installation of the multiuse path is intended to provide a connection from Town Square to the Woolbright Road Intersection. The I ntersection of Woolbright Road and South Federal Highway is another redeveloping area of the City. Currently there are 300 units,commercial space,and a public waterway access under construction with the Riverwalk Project and there are over 600 units in the One Boynton Apartments(aka Las Ventanas)and Snug Harbor Gardens. In addition,stripping of on-street parking within the City right-of-way is proposed to accommodate existing businesses on the comer of SE 9th Avenue and SE 1st Street which currently does not exist. Identify any upcoming projects or projects currently underway adjacent to the proposed project. This proposed projectwill tie into the City's existing Boynton Beach Town Square reconstruction project between E Boynton Beach Boulevard and NE 1st Avenue,extending south to SE 2nd Avenue widening the existing and proposed new sidewalk to 10 feet,continuing the connectivity along the entire corridor.The cost estimates for this grant only includes the construction of the 10'shared use path south of SE 2nd Ave to Woolbright Rd.Cost of widening the existing sidewalk north of SE 2nd Ave will be coordinated as a separate project. Additionally,the City has been awarded a Transportation Alternative Grant for the addition of sidewalk and sharrows on Boynton Beach Blvd from SW 3rd St to Federal Highway. Construction is anticipated to begin in 2022/2023. To address traffic calm ing along the SE 1st St.,corridor,the City is in the process of developing 100%design plans for the intersection of SE 1 st Street and SE 12th Avenue.The SE 12th Ave intersection currently has an offset crossing across SE 1 st Street from the east and west directions.A median is proposed to be constructed within City right-of-way and will not restrict access to the existing residential or commercial properties located at that intersection.Residents have reported vehicles crossing SE 1 st Street from the east and west sides of SE 12th Avenue traveling at fast speeds.The proposed median is intended to act as traffic calming at the intersection and create a more defined travel path for vehicles traveling north and south along SE 1 st Avenue and those crossing at SE 12th Avenue. Other specific project information that should be considered. The City has developed 30%plans for the proposed improvements along the SE 1st Street corridor and developed the cost estimates for those plans.30%plans for the project are provided as part of this application.Attendees at the public meeting held on February 7,were in support of the proposed project and provided written comment forms describing the need for multimodal improvements and traffic calming.The proposed improvements support the Palm Beach TPA,City of Boynton Beach,and Boynton Beach CRA's complete streets initiatives consisting of the expansion of the existing sidewalk network,prioritizing non-motorized facility and context-sensitive design.The corridor provides connections and improved access to City Hall,Boynton Beach Library and Children's Museum,city parks,single family and multi-family residential housing,and commercial uses. www.PaImBeachTPA.org 5 Page 85 of 660 PUBLIC INVOLVEMENT AND SUPPORT Describe the public outreach carrel SUPPOrt`fear the project(i.e, petitions, written endorsements, resolutions, etc.). Attach docurr)entation. A public meeting was held for this project on February 7,2019 to discuss the proposed improvements specific to this project.The public was presented three typical section options proposed for the corridor for the opportunity to comment and provide feedback.Mailers advertising the meeting were sent out to over 460 property owners within the corridor study limits.A map was developed from the list of attendees that provided their address to illustrate the localized attendees from residents and commercial property owners that attended the meeting. Several business owners along the corridor,located on the east side of SE 1st Street,south of SE 7th Avenue voiced concerns about how the proposed cross section that included construction of sidewalks on the east and west sides of the street could impact existing parking and loading areas in front of their businesses. From this feedback the City modified the proposed typical section to the construction of a wider shared use path on the west side of SE 1st Street only to avoid possible impacts to the existing business while still addressing the need to provide pedestrian connectivity and multimodal facilitates for the community. Projects impacting single family residential lots, will reqUire additional documentation of public SUPport. Additional docurnentation must indicate that a//property owners, directly offected by tile improvernent were notified, thot at least 25 percent(if tile property owners showed SUPportfor the project, and that no jrr�rrjore tilor) 10 PefCer)t of the property owners showed lack of support. PROJECT MAINTENANCE Document ownership ond mointenance responsibilities for the project when complete. Applicant's Resolution of Support and Corri ar ittrien t to fund opens ti rps and rr'Jain tenance of the project is a required attach orlien L (Seesubrnittal checklist on page 9 of TA Prograrn Overview). The City of Boynton Beach owns and maintains the right-of-way for SE 1 st St. Through Resolution the City agrees to fund and continue to maintain the City managed corridor. www.PaImBeachTPA.org 6 Page 86 of 660 COST ESTIMATE The total construction amount of Transportation Alternative Program funds requested per projects (infrastructure) must be in excess of$250,000 with a maximum project amount of$1,000,000. Transportation Alternative Program funds will be used to fund Construction, Construction Engineering and Inspection Activities (CEI) and FDOT in-house support activities. Local Funds (LF) will be used for all non-participating items, contingency activities, and any costs in excess of the awarded funding (LI) allocation. (a) Provide detailed project cost estimate using one of the following forms. Estimate shall be broken down to eligible and non-eligible project costs. Estimates are to be prepared and signed by a Professional Engineer from the Local Agency's Engineering office. a. On-System (on State Highway System) Cost Estimate Sheet b. Off-System (not on State Highway System) Cost Estimate Sheet Use the following links to access the basis of estimates manual as well as historical information for the project area. Basis of Estimates Manual Historical Cost Information www.PaImBeachTPA.org 7 Page 87 of 660 CERTIFICATION I hereby certify that the proposed project herein described is supported by City of Boynton Beach (municipal,county,state or federal agency,or tribal council}and that said entity will: 1) provide any funding required in addition to the grant amount; 2) enter into a LAP and maintenance agreement with the Florida Department of Transportation; 3) have complied with the Federal Uniform Relocation Assistance and Acquisition Policies Act for any Right of Way actions intended for this project previously performed within the project limits; 4) will comply with NEPA process prior to construction,which may involve coordination with the State Historic and Preservation office(SHPo);and 5) support other actions necessary to fully implement the proposed project. I further certify that the estimated costs included herein are reasonable,and that increases in these costs could cause significant increase to the local agency required participation. I understand failure to follow through on the project once programmed in the Florida Department of Transportation's Work Program is not allowed. 11-1 P Signature Lori Laverriere Name(please type or print) City Manager Title February 25, 2019 Date FOR FDOT USE ONLY �J f i d� 31� �t'4 #}®YeS, r t� 7[_ 11V� www.PaImBeachTPA.org 8 Page 88 of 660 oI g of S „ o o vtOi v o '16 I Nml I d G e 6 E F m) do - -�— -i - I cr — � o ci z °I e c A c W v a a � Z - - do E EDO 3 (D o 0) o cu d o 7 II > NI m a a "I m a e.i _ _ m o p - E - v w 'o Oc v Q mm yu vvn 0mnl n -m `n" - - - n ®a 0 0 _ ca o N m � N m a v� w E m o O O N .o. v V - ¢x O ~ u ¢ 3LL N v o E Bi 3 z E 2. v - C7 ,°.. U � I I �❑ m y u°.E O J ¢ w I � ou „ `o - N v � � I I i2J. I II ° I I i v 79 3 vLL LL v'o G I � — a I I 11 II I, � I III II � y gild o I w Glw o o a o E :� LL a'r wo. n 3� I o >z0 = a r E n III o li 3 r z '-z Fi a d E - � I wlF- i r - � r w z'^ I � o � r I - O > � I O 3 _ \II o of o G N Z E r O a 0 O - la O u'O cc w o� O �., o 0`. � >I of _ I -a a ¢ la ❑ glo v� 3 z= z r z E ro o - v x ru �o vow`Iidi qEv ury i c I `CI p> - o rD- ¢oo I�oo-'o f-" ua0 i0O LL0z0> c - m E - E p - E m- - 1. ? _ Z O= 6.D. CONSENTAGENDA 4/2/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 4/2/2019 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R19-040- Approve utilizing National Joint Powers Alliance (NJ PA) EZI QC Contract#FL04GC 1-051716-SCD with Shiff Construction & Development of Ft. Lauderdale, FL for repairs to Boynton Beach's Municipal Landfill for a not to exceed price of$ 71,752.37, and authorize the City Manager to sign the proposal and detailed scope of work. EXPLANATION OF REQUEST: The City is in the process of submitting final certification documents to the Florida Department of Environmental Protection (FDEP). To obtain all the documents required to support the City's request, staff issued a purchase order to Caulfield & Wheeler, Inc. to perform a topographic survey. The survey showed the landfill had areas of localized subsidence (i.e. the ground beneath the surface has consolidated). The City's Consultant (Jacobs Engineering) advised the subsidences were minor in nature, but must be repaired prior to submitting the City's final closeout request to the FDEP. Job Order Contracting (JOC) is the preferred method to procure these services to streamline the process and complete the project within one month. J OC is an approved method of public procurement, and the contractor includes local workers to complete the project. The JOC is available through the National Joint Powers Alliance and EZI QC. National Joint Powers Alliance (NJ PA) is a national cooperative purchasing source solution, the City of Boynton Beach is a member. EZI QC is one of the cooperative purchasing methods, Gordian created ezl QC to make its industry-leading Job Order Contracting (JOC) Solutions easily available through cooperative purchasing. JOC is an indefinite delivery/indefinite quantity procurement process that helps facility and infrastructure owners complete a large number of repair, renovation and straightforward new construction projects with a single, competitively-bid contract. Unlike traditional bidding where each project is identified, designed and then put out to bid, ezl QC establishes competitively-bid prices up front and eliminates the need to bid each project separately. NJ PA's procurement process satisfies the City's competitive bid requirements. Gordian's expert field personnel guide owners through each step of the process, providing oversight to ensure cost and timing efficiencies are maximized right from the start. The project has a not to exceed price of$71,752.37 (see attachment 1 — Price Proposal) and is anticipated the repairs will take approximately 3 weeks following the issuance of a purchase order. The City Boynton Beach Utilities Department has successfully completed one (1) project through JOC, as well as other surrounding municipalities which includes City of Boca Raton, City of Pompano Beach and City of Deerfield Beach. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A Page 90 of 660 FISCAL IMPACT: Budgeted Funding is available from Solid Waste account number: 431-2515-534.49-17. ALTERNATIVES: Delay the repairs and go out with a formal bid through the City's procurement process. 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 Shiff Construction for repairs to Boynton Municipal Landfill D Attachment Attachment 1 - Price Proposal D Attachment Acceptance &Award D Attachment Annual Renewal D Attachment Instruction to Bidders& Execution Does Page 91 of 660 I RESOLUTION NO. R19- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 4 APPROVE UTILIZING NATIONAL JOINT POWERS ALLIANCE (NJPA) 5 EZIQC CONTRACT #FL04GC1-051716-SCD WITH SHIFF 6 CONSTRUCTION & DEVELOPMENT OF FT. LAUDERDALE, FL FOR 7 REPAIRS TO BOYNTON BEACH'S MUNICIPAL LANDFILL FOR A NOT 8 TO EXCEED PRICE OF $ 71,752.37, AND AUTHORIZE THE CITY 9 MANAGER TO SIGN THE PROPOSAL AND DETAILED SCOPE OF 10 WORK; AND PROVIDING AN EFFECTIVE DATE. 11 12 13 WHEREAS, the City is in the process of submitting final certification documents to 14 the Florida Department of Environmental Protection (FDEP) and in order to obtain all the 15 documents required to support the City's request, staff issued a purchase order to Caulfield & 16 Wheeler, Inc. to perform a topographic survey; and 17 WHEREAS, the survey showed the landfill had areas of localized subsidence (i.e. the 18 ground beneath the surface has consolidated) which are minor in nature but must be repaired 19 prior to submitting the City's final closeout request to the FDEP; and 20 WHEREAS, National Joint Powers Alliance (NJPA) is a national cooperative 21 purchasing source solution, the City of Boynton Beach is a member ; and 22 WHEREAS, the City Commission of the City of Boynton Beach, upon the 23 recommendation of staff, deems it in the best interest of the citizens and residents of the City 24 of Boynton Beach to approve utilizing the National Joint Powers Alliance(NJPA)EZIQC Contract 25 #FL04GC1-051716-SCD with Shiff Construction&Development of Ft. Lauderdale, FL for repairs to 26 Boynton Beach's Municipal Landfill for a not to exceed price of$71,752.37 and to authorize the City 27 Manager to sign the proposal and detail scope of work. 28 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 29 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: C:AProgram Files(X86)ANeevia.Com\DocconverterproATemp\NVDC\6807A990-7DDC-4007-9946-0074AC8B960E\Boynton Beach.15556.LNJPA Contract With_Shiff Construction_For Repairs_To_The_Landfill_- Reso.Docx Page 92 of 660 30 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being 31 true and correct and are hereby made a specific part of this Resolution upon adoption hereof. 32 Section 2. The City Commission of the City of Boynton Beach hereby approves 33 utilizing the National Joint Powers Alliance(NJPA)EZIQC Contract#FL04GC1-051716-SCD with 34 Shiff Construction & Development of Ft. Lauderdale, FL for repairs to Boynton Beach's Municipal 35 Landfill for a not to exceed price of$71,752.37 and to authorize the City Manager to sign the proposal 36 and detail scope of work, a copy of which is attached hereto as Exhibit"A" 37 Section 3. That this Resolution shall become effective immediately upon passage. 38 PASSED AND ADOPTED this day of , 2019. 39 CITY OF BOYNTON BEACH, FLORIDA 40 41 YES NO 42 43 Mayor— Steven B. Grant 44 45 Vice Mayor—Justin Katz 46 47 Commissioner—Mack McCray 48 49 Commissioner—Christina L. Romelus 50 51 Commissioner—Ty Penserga 52 53 VOTE 54 ATTEST: 55 56 57 58 Judith A. Pyle, CMC 59 City Clerk 60 61 62 (Corporate Seal) 63 C:AProgram Files(X86)ANeevia.Com\DocconverterproATemp\NVDC\6807A990-7DDC-4007-9946-0074AC8B960E\Boynton Beach.15556.LNJPA Contract With_Shiff Construction_For Repairs_To_The_Landfill_- Reso.Docx Page 93 of 660 JOIN "Joilloft AW 2,0344 1%4k, Work Order Signature Document ME GO DITN-GROUP NJPA EZIQC Contract No.: FL04GC1-051716-SCD FINew Work Order F—I Modify an Existing Work Order Work Order Number.: 065905.00 Work Order Date: 03/06/2019 Work Order Title: Boynton Beach Boynton Beach 7342 Municipal Landfill Subsidence Owner Name: Sourcewell- FL-City of Boynton Contractor Name: Shiff Construction &Development, Inc. Beach Contact: Marc Saavedra Contact: Justen Shiff Phone: 561-742-6267 Phone: 9545242575 Work to be Performed Work to be performed as per the Final Detailed Scope of Work Attached and as per the terms and conditions of NJPA EZIQC Contract No FL04GC1-051716-SCD. Brief Work Order Description: Boynton Beach 7342 Municipal Landfill Subsidence Time of Performance Estimated Start Date: Estimated Completion Date: Liquidated Damages Will apply: 11 Will nota I : Work Order Firm Fixed Price: $71,752.37 Owner Purchase Order Number: Approvals Owner Date Contractor Date Work Order Signature Document Page 1 of 1 3/6/2019 Page 94 of 660 2 CTI Detailed Scope of Work THE GoRDiTN GRoup To: Justen Shiff From: Marc Saavedra Shiff Construction &Development, Inc. Sourcewell - FL-City of Boynton Beach 1350 NE 56th St-Ste. 100 710 N Federal Hwy Fort Lauderdale, FL 33334 Boynton Beach, FL 33435 9545242575 561-742-6267 Date Printed: March 06, 2019 Work Order Number: 065905.00 Work Order Title: Boynton Beach Boynton Beach 7342 Municipal Landfill Subsidence Brief Scope: Boynton Beach 7342 Municipal Landfill Subsidence F] Preliminary FIRevised EX Final The following items detail the scope of work as discussed at the site. All requirements necessary to accomplish the items set forth below shall be considered part of this scope of work. Provide dump trucks to City fill area to be loaded with 396CY of City fill to be transported to landfill site. Dump fill at landfill entrance and load and transport to one of the 6 depressed sites. Provide labor to hand spread fill over existing depressed areas. Provide Bahia sod when complete, 90 pallets. Resod access road as necessary when complete with Bahia. Subject to the terms and conditions of JOC Contract FL04GC1-051716-SCD. Contractor Date Owner Date Scope of Work Page 1 of 1 3/6/2019 Page 95 of 660 Contractor's Price Proposal - Summary Date: March 06,2019 Re: IQC Master Contract#: FL04GC1-051716-SCD Work Order#: 065905.00 Owner PO#: Title: Boynton Beach Boynton Beach 7342 Municipal Landfill Subsidence Contractor: Shiff Construction&Development,Inc. Proposal Value: $71,752.37 Section -01 $28,718.83 Section -31 $8,015.67 Section -32 $35,017.87 Proposal Total $71,752.37 Thisl total represents the correct total for the proposal. Any discrepancy between line totals, sub-totals and the proposal total is due to rounding. Contractor's Price Proposal-Summary Page 1 of 1 3/6/2019 Page 96 of 660 Contractor's Price Proposal - Detail Date: March 06,2019 Re: IQC Master Contract#: FL04GC1-051716-SCD Work Order#: 065905.00 Owner PO#: Title: Boynton Beach Boynton Beach 7342 Municipal Landfill Subsidence Contractor: Shiff Construction&Development,Inc. Proposal Value: $71,752.37 Sect. Item Mod. UOM Description Line Total Labor Equip. Material (Excludes) Section -01 1 01 22 16 00 0002 EA Reimbursable FeesReimbursa ble Fees will be paid to the contractor for eligible $7,993.50 costs. The base cost of the Reimbursable Fee is$1.00.Insert the appropriate quantity to adjust the base cost to the actual Reimbursable Fee(e.g.quantity of 125=$125.00 Reimbursable Fee).If there are multiple Reimbursable Fees, list each one separately and add a comment in the"note"block to identify the Reimbursable Fee(e.g.sidewalk closure,road cut,various permits,extended warrantee,expedited shipping costs,etc.).A copy of each receipt shall be submitted with the Price Proposal. Quantity Unit Price Factor Total Installation 7,500.00 x 1.00 x 1.0658 7,993.50 Allowance to re-stabilize road if necessary once work completed at road way. 2 01 22 20 00 0015 HR LaborerFor tasks not included in the Construction Task Catalog®and as $3,349.60 directed by owner only. Quantity Unit Price Factor Total Installation 120.00 x 26.19 x 1.0658 — 3,349.60 Additional labor to place aggregate and sod due to location. 3 01 22 23 00 0392 WK 1 CY,24"Bucket,14'-4"Deep,75 HP,Loader-Backhoe With Full-Time $5,715.86 Operator Quantity Unit Price Factor Total Installation 2.00 x 2,681.49 x 1.0658 = 5,715.86 Used to transport fill from drop site to depressed areas. 4 01 22 23 00 0392 0074 MOD For Equipment Without Operator,Deduct -$1,892.25 Quantity Unit Price Factor Total Installation 1.00 x -1,775.43 x 1.0658 — -1,892.25 5 01 22 23 00 0955 WK 6,000 LB Straight Mast,Industrial Warehouse Forklift With Full-Time Operator $2,509.88 Quantity Unit Price Factor Total Installation 1.00 x 2,354.93 x 1.0658 = 2,509.88 Required to offload and place sod 6 01 22 23 00 1217 WK 18 CY Rear Dump Truck With Full-Time Truck Driver $11,042.24 Quantity Unit Price Factor Total Installation 200 x 5,180.26 x 1.0658 = 11,042.24 City to provide fill,load into Contractor dump truck for delivery to project site. Subtotal for Section -01 $28,718.83 Section -31 7 31 05 16 00 0030 CY Aggregate Place mentlncludes Spreading,Grading,Compaction Rolling $8,015.67 Quantity Unit Price Factor Total Installation 395.00 x 19.04 x 1.0658 — 8,015.67 Place 395CY fill provided by City Subtotal for Section -31 $8,015.67 Section -32 Contractor's Price Proposal-Detail Page 1 of 2 3/6/2019 Page 97 of 660 Contractor's Price Proposal - Detail Continues.. Work Order Number: 065905.00 Work Order Title: Boynton Beach Boynton Beach 7342 Municipal Landfill Subsidence Section -32 8 32 92 23 00 0050 MSF >8,000 SF,Bahia Argentine Sod,Installed On Level Ground $35,017.87 Quantity Unit Price Factor Total Installation 56.70 X 579.47 X 1.0658 — 35,017.87 Install 90 pallets sod(40,200)on landfill and replace 16,200 sod at access road once complete Subtotal for Section -32 $35,017.87 Proposal Total $71,752.37 This total represents the correct total for the proposal. Any discrepancy between line totals, sub-totals and the proposal total is due to rounding. Contractor's Price Proposal-Detail Page 2 of 2 3/6/2019 Page 98 of 660 CTI Subcontractor Listing THE GO DiTN GROUP Date: March 06,2019 Re: IQC Master Contract#: FL04GC1-051716-SCD Work Order#: 065905.00 Owner PO#: Title: Boynton Beach Boynton Beach 7342 Municipal Landfill Subsidence Contractor: Shiff Construction&Development,Inc. Proposal Value: $71,752.37 Nfttefi Crit� tsr I)uti€s k" 4 ; No Subcontractors have been $0.00 0.00 selected for this Work Order Subcontractor Listing Page 1 of 1 3/6/2019 Page 99 of 660 dN, JPA National Joint Powers Alliance INDEFINITE QUANTITY CONSTRUCTION AGREEMENT IFB NUMBER: FL04GC1-051716-SCD GEOGRAPHICAREA: Southeast Florida This Agreement dated 06/06/2016, by and between the National Joint Powers Alliance, hereinafter referred to as NJPA and Shiff Construction and Development. Inc. at the following address 1350 NE 561 Street Suite 100 Fort Lauderdale FL 33334 hereinafter referred to as the CONTRACTOR. WITNESSETH: NJPA and CONTRACTOR for the consideration hereafter agree as follows: ARTICLE 1. CONTRACT DOCUMENTS A. Contract Documents. This Agreement; the IFB Documents; (Book 1 - Project Information, Instructions to Bidders and Execution Documents; Book 2 - IQCC Standard Terms and Conditions and General Conditions; Book 3 - Construction Task Catalog (CTC), Book 4 - Technical Specifications) and Addenda thereto, the Bid Deposit, all payment and performance bonds(if any), material and workmanship bonds(if any);wage rate decisions and certified payroll records (if any); Notice of Award; all modifications issued thereto, including Supplemental Work Orders/Change Orders and written interpretations and all Purchase Orders and accompanying documents (Requests for Proposals, Detailed Scopes of Work,Work Order Proposals, etc.)issued hereunder. B. The terms and conditions of a Purchase Order issued by an NJPA Member in connection with any Work Order, including supplemental technical specifications referenced therein, shall govern. C. The Contractor shall, within two (2) business days of receipt of a Purchase Order from an NJPA Member, provide notification to NJPA or their designated representative of each Purchase Order by forwarding a copy of the Purchase Order via email to POOEZIOC.com or via facsimile to (864)233-9100. D. The Contractor shall, within two (2) business days of sending an Invoice to an NJPA Member, provide notification to NJPA or their designated representative of each Invoice by forwarding a copy of the Invoice via email to InvoiceCa?_EZIQ_ C.com or via facsimile to (864)233-9100. ARTICLE 2. SCOPE OF WORK Page 100 of 660 A. The Contractor shall provide the services required to develop each Work Order in accordance with the procedures for developing Work Orders set forth in the IQCC Standard Terms and Conditions and the Contract Documents. B. Each Work Order developed in accordance with this Agreement will be issued in connection with a Purchase Order by an individual NJPA Member. The Purchase Order will reference the Work Order and require the Contractor to perform the Detailed Scope of Work within the Work Order Completion Time for the Work Order Price. C. It is anticipated that the Contractor will perform Work primarily in the Geographic Area set forth above. However, the parties may agree that the Contractor can perform Work in a different Geographic Area at its current Adjustment Factors. ARTICLE 3.THE AGREEMENT PRICE A. This Agreement is an indefinite-quantity contract for construction work and services. The Estimated Annual Value of this Agreement is$2.000.000.This is only an estimate and may increase or decrease at the discretion of NJPA. B. The Contractor shall perform any or all Tasks in the Construction Task Catalog for the unit price appearing therein multiplied by the following Adjustment Factors: C. The Contractor shall perform any or all Tasks in the Construction Task Catalog for the unit price appearing therein multiplied by the following Adjustment Factors TO BE ENTERED BY NJPA: C, a. Normal Working Hours: Work performed from 7:OOam until 4:OOpm Monday to Friday, except holidays. Contractor shall perform Tasks during Normal Working Hours for the Unit Price set forth in the CTC multiplied by the Adjustment Factor of: 0.9946 (Specify to four(4)decimal places) b. Other Than Normal Working Hours: Work performed from 4:00pm to 7:OOam Monday to Friday, and any time Saturday, Sunday and Holidays. Contractor shall perform Tasks during Other Than Normal Working Hours for the Unit Price set forth in the CTC multiplied by the Adjustment Factor of: 1.0595 (Specify to four(4)decimal places) C. Non Pre-priced Adjustment Factor:To be applied to Work deemed not to be included in the CTC but within the general scope of the work: 1.1676 (Specify to four(4)decimal places) Page 101 of 660 ARTICLE 4. TERM OF THE AGREEMENT A. The base term shall be one year with three one year options. The total term of the Contract shall not exceed three years (unless extended by NJPA per the Terms of this Contract). The Contractor may withdraw from the Agreement on each anniversary of the award, provided that the Contractor gives 60 Days written notice of its intent to withdraw. NJPA may, for any reason, terminate this Agreement at any time. B. All Purchase Orders issued during a term of this Agreement shall be valid and in effect notwithstanding that the Detailed Scope of Work may be performed, payments may be made, and the guarantee period may continue, after such term has expired. All terms and conditions of the Agreement apply to each Purchase Order. ARTICLE 5. SOFTWARE LICENSING A. NJPA selected The Gordian Group's (Gordian) software, data and services (IQCC System) for their IQCC program. The system includes Gordian's proprietary ezIQC, eGordian and Bid Safe IQCC applications (IQCC Applications)and construction cost data (Construction Task Catalog), which shall be used by the Contractor to prepare and submit Price Proposals, subcontractor lists, and other requirements specified by NJPA and NJPA Members. The Contractor's use, in whole or in part, of Gordian's IQCC Applications and Construction Task Catalog and other proprietary materials provided by Gordian for any purpose other than to execute work under this Contract for NJPA and NJPA Members is strictly prohibited unless otherwise stated in writing by Gordian. The Contractor hereby agrees to abide by the terms of the following IQCC System License: ARTICLE 6. IQCC SYSTEM LICENSE A. Gordian hereby grants to the Contractor, and the Contractor hereby accepts from Gordian for the term of this Contract or Gordian's contract with NJPA, whichever is shorter, a non-exclusive right, privilege, and license to Gordian's proprietary IQCC System and related proprietary materials (collectively referred to as "Proprietary Information") to be used for the sole purpose of executing Contractor's responsibilities to NJPA and NJPA Members under this Contract ("Limited Purpose"). The Contractor hereby agrees that Proprietary Information shall include, but is not limited to, Gordian's IQCC Applications and support documentation, Construction Task Catalog, training materials, marketing materials and any other proprietary materials provided to Contractor by Gordian. In the event this Contract expires or terminates as provided herein, or the Gordian's contract with NJPA expires or terminates, this IQCC System License shall terminate and the Contractor shall return all Proprietary Information in its possession to Gordian. B. Contractor acknowledges that Gordian shall retain exclusive ownership of all proprietary rights to the Proprietary Information, including all U.S. and international intellectual property and other rights such as patents, trademarks, copyrights and trade secrets. Contractor shall have no right or interest in any portion of the Proprietary Information except the right to use the Proprietary Information for the Limited Purpose set forth herein. Except in furtherance of the Limited Purpose, Contractor shall not distribute, disclose, copy, reproduce, display, publish, transmit, assign, sublicense, transfer, provide access to, use or sell, directly or indirectly (including in electronic form), any portion of the Proprietary Information. Page 102 of 660 NATIONAL JOINT POWERS ALLIANCE® Book 1 -Project Information, Instructions to Bidders and Execution Documents C. Contractor acknowledges and agrees to respect the copyrights,trademarks,trade secrets, and other proprietary rights of Gordian in the Proprietary Information during and after the term of this Agreement, and shall at all times maintain complete confidentiality with regard to the Proprietary Information provided to Contractor, subject to federal, state and local laws related to public disclosure. Contractor further acknowledges that a breach of any of the terms of this Agreement by Contractor will result in irreparable harm to Gordian for which monetary damages would be an inadequate remedy, and Gordian shall be entitled to injunctive relief (without the necessity of posting a bond) as well as all other monetary remedies available at law or in equity. In the event that it becomes necessary for either party to this IQCC System License to enforce the provisions of this Agreement or to obtain redress for the breach or violation of any of its provisions, whether by litigation, arbitration or other proceedings, the prevailing party shall be entitled to recover from the other party all costs and expenses associated with such proceedings, including reasonable attorney's fees. D. In the event of a conflict in terms and conditions between this IQCC System License and any other terms and conditions of this Contract or any Work Order, Purchase Order or similar purchasing document (Purchase Order) issued by NJPA or an NJPA Member, this IQCC System License shall take precedence. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. By: National Joint Powers Alliance Authorized Signature ze"Y Contractor �2�- Aulfforized Signat JUSTEN SHIFF Print Name Contract Number: TLo4G,C1--D51-71(v-SCS (assigned by NJPA) 36 Section Three—Bid Forms April 2016 Page 103 of 660 DocuSign Envelope ID: D6A68CE2-A2BF-4D29-BC20-3COB88EB6E92 NJPA Contract Renewal ANNUAL RENEWAL AND MODIFICATION OF AGREEMENT made by and between Shiff Construction &Development,Inc. 1350 NE 56th St-Ste. 100 Fort Lauderdale,FL 33334 and National Joint Powers Alliance® (NJPA) 20212 th Street NE PO Box 219 Staples,MN 56479 Phone: (218) 894-1930 or (888)894-1930 Whereas: "Vendor" and "NJPA" have entered into 1) an "Acceptance of Bid and IFB FL04GC1-051716-SCD" with an effective date of June 6, 2016, a maturity date of June 5, 2019, and which are subject to annual renewals at the option of both parties. MODIFICATION: SECOND RENEWAL OPTION PERIOD Pursuant to the agreement between the parties,the following are the Adjustment Factors for the next option period: Base Year Option Year Date Index Date Index 1 May 2015 10028.15 1 May 2017 10692.17 2 June 2015 10038.78 2 June 2017 10707.81 3 July 2015 10037.36 3 July 2017 10789.26 4 August 2015 10038.79 4 August 2017 10841.56 5 September 2015 10065.09 5 September 2017 10822.82 6 October 2015 10128.32 6 October 2017 10817.11 7 November 2015 10104.69 7 November 2017 10870.06 8 December 2015 10135.00 8 December 2017 10873.56 9 January 2016 10132.55 9 January 2018 10878.01 10 February 2016 10181.92 10 February 2018 10889.17 11 March 2016 10242.09 11 March 2018 10958.79 12 April 2016 10280.39 12 April 2018 10971.91 Base Average Option Average 10117.7608 10842.6858 Price Adjustment: Second Year Index Average = 10842.6858 = 1.0716 Base Year Index Average 10117.7608 AWARD MULTIPLIER x PRICE ADJUSTMENT = OPTION MULTIPLIER #FL04GC1-051716-SCD http://enrcontracts.egordian.com/NJPA?CtrlD=5ellc2dO-7cb4-45cf-9432-3ee9345ca9d7&bd=04/01/2016 Page 104 of 6§ DocuSign Envelope ID: D6A68CE2-A2BF-4D29-BC20-3COB88EB6E92 NJPA Contract Renewal Non-Prepriced 1.1676 1.0000 1.1676 Normal Working Hours 0.9946 1.0716 1.0658 Other Than Normal Working Hours 1.0595 1.0716 1.1354 Now therefore: "Vendor" and "NJPA" hereby desire and agree to extend and renew the above defined contracts and with the above identified modifications for the period of June 6, 2018 through June 5, 2019. National Joint Powers Alliance®(NJPA) ocu igne BY: By.I yrtvl,,� �(6ay ,' , Its: NJPA Director of Cooperative Contracts and Procurement/CPO Name printed or typed: Jeremy Schwartz Date:5/11/2018 1 9:08 PM CDT Shif 'Construction &Development,Inc. - #FL04GC1-051716-S D DocuSigned by: By: �Lff , Its: President A& 95 Name printor typed: Justen shiff Date: 5/11/2018 1 1:12 PM CDT ---------------------------------------------------------------------------------------------------------------------------------------------------- If you do not want to extend contract,please sign below and return this agreement. Discontinue: We desire to discontinue the contract. Signature: , Date: http://enrcontracts.egordian.com/NJPA?CtrlD=5ellc2d0-7cb4-45cf-9432-3ee9345ca9d7&bd=04/01/2016 Page 105 of 6§p INVITATION FOR BID (IFB) DOCUMENTS SOLICITATION NO. FL01GC1-051716 FL04GC1-051716 FL01 GC2-051716 FL04GC2-051716 FL01 GC3-051716 FL04GC3-051716 FL01 UG1-051716 FL04GC4-051716 FL01 UG2-051716 FL04GC5-051716 FL02GC1-051716 FL04UG1-051716 FL02GC2-051716 FL04UG2-051716 FL02GC3-051716 FL04UG3-051716 FL02UG1-051716 FL04UG4-051716 FL02UG2-051716 FL05GC1-051716 FL03GC1-051716 FL05GC2-051716 FL03GC2-051716 FL05GC3-051716 FL03GC3-051716 FL05UG1-051716 FL03UG1-051716 FL05UG2-051716 FL03UG2-051716 INDEFINITE QUANTITY CONSTRUCTION CONTRACT "raw "INEW PA National Joist Powers Alliance 202 12th Street NE Staples, MN 56479 Mr. Joseph Morgan ezlQC Contract Manager EZIQC@NJPACOOP.org April 2016 Page 106 of 660 This page intentionally left blank Page 107 of 660 NATIONAL JOINT POWERS ALLIANCE° Book 1 - Project Information, Instructions to Bidders and Execution Documents PA National Joint DowersAlliance* INDEFINITE QUANTITY CONSTRUCTION CONTRACT (IQCC) Invitation For Bid (IFB) Solicitation Bid Due Date Bid Estimated Annual Maximum Number Geographic Area Trade and Time Deposit Value Term FL01GC1-051716 Northeast Florida General 4:30 PM Cr 825,000 $2,000,000 3Years Construction 0`x%17,116 FL01GC2-051716 Northeast Florida General 4:30 PM Cr 825,000 $2,000,000 3Years Construction 0`x%17,116 FL01GC3-051716 Northeast Florida General 4:30 PM CT 825,000 $2,000,000 3Years Construction 0`x%17,116 FL01UG1-051716 Northeast Florida Underground 4:30 PM Cr 825,000 $2,000,000 3Years Construction 0`x%17,116 FL01UG2-051716 Northeast Florida Underground 4:30 PM Cr 825,000 $2,000,000 3Years Construction 0`x%17,116 FL02GC1-051716 East Central Florida General 4:30 PM 825,000 $2,000,000 3Years Construction 0`�%1Z116 fr FL02GC2-051716 East Central Florida General 4:30 PM Cr 825,000 $2,000,000 3 Years Construction 0`x%17,116 FL02GC3-051716 East Central Florida General 4:30 PM Cr 825,000 $2,000,000 3 Years Construction 0`x%17,116 FL02UG1-051716 East Central Florida Underground 4:30 PM CT 825,000 $2,000,000 3Years Construction 0`x%17,116 FL02UG2-051716 East Central Florida Underground 4:30 PM Cr 825,000 $2,000,000 3 Years Construction 0`x%17,116 FL03GC1-051716 West Central Florida General 4:30 PM CT 825,000 $2,000,000 3Years Construction 0`x%17,116 FL03GC2-051716 West Central Florida General 4:30 PM CT 825,000 $2,000,000 3 Years Construction 0`x%17,116 FL03GC3-051716 West Central Florida General 4:30 PM CT825,000 $2,000,000 3Years Construction 0`x%17,116 FL03UG1-051716 West Central Florida Underground 4:30 PM CT 825,000 $2,000,000 3Years Construction 0`x%17,116 FL03UG2-051716 West Central Florida Underground 4:30 PM CT 825,000 $2,000,000 3Years Construction 0`x%17,116 FL04GC1-051716 Southeast Florida General 4:30 PM CT 825,000 $2,000,000 3Years Construction 0`x%17,116 FL04GC2-051716 Southeast Florida General 4:30 PM CT 825,000 $2,000,000 3Years Construction 0`x%17,116 FL04GC3-051716 Southeast Florida General 4:30 PM CT Construction 825,000 $2,000,000 3Years 0`�%1Z�1fr FL04GC4-051716 Southeast Florida General 4:30 PM CT 825,000 $2,000,000 3Years Construction 0`x%17,116 FL04GC5-051716 Southeast Florida General 4:30 PM Cr 825,000 $2,000,000 3 Years Construction 0`x%17,116 FL04UG1-051716 Southeast Florida Underground 4:30 PM CT 825,000 $2,000,000 3Years Construction 0`x%17,116 FL04UG2-051716 Southeast Florida Underground 4:30 PM CT 825,000 $2,000,000 3Years Construction 0`x%17,116 FL04UG3-051716 Southeast Florida Underground 4:30 PM CT 825,000 $2,000,000 3Years Construction 0`x%17,116 FL04UG4-051716 Southeast Florida Underground 4:30 PM Cr 825,000 $2,000,000 3Years Construction 0`x%17,116 FL05GC1-051716 Southwest Florida General 4:30 PM CT 825,000 $2,000,000 3Years Construction 0`x%17,116 FL05GC2-051716 Southwest Florida General 4:30 PM CT 825,000 $2,000,000 3Years Construction 0`x%17,116 FL05GC3-051716 Southwest Florida General 4:30 PM CT 825,000 $2,000,000 3Years Construction 0`x%17,116 FL05UG1-051716 Southwest Florida Underground 4:30 PM CT 825,000 $2,000,000 3Years Construction 0`x%17,116 FL05UG2-051716 Southwest Florida Underground 4:30 PM CT 825,000 $2,000,000 3Years Construction 0`x%17,116 Page 108 of 660 NATIONAL JOINT POWERS ALLIANCE® Book 1 — Project Information, Instructions to Bidders and Execution Documents See Section Four(4) for Map and list of Geographical Area Bids for all contracts covered by this solicitation are due by 4:30 PM C T on May17, 2016 At the offices of the National Joint Powers Alliance® 202 12th Street NE, P.O. Box 219, Staples, MN 56479 The National Joint Powers Alliance®(NJPA) issues this Invitation For Bid (IFB)on behalf of, and to provide Indefinite Quantity Construction Contracting (IQCC) services to all current and potential NJPA Members including all government agencies, education agencies to include colleges and universities, and non-profit agencies in the State of Florida. It is the intention of NJPA to award multiple contracts for construction services in each of these areas. Each contract has an initial term of one (1) year and bilateral option provisions for two (2)additional terms. The estimated annual value varies by contract. The total term of the contract cannot exceed three (3) years. One additional one-year renewal-extension may be offered by NJPA to Vendor beyond the original four year term if NJPA deems such action to be in the best interests of NJPA and its Members. This IFB consist of four Books: Book 1: Project Information, Instructions to Bidders and Execution Documents Book 2: IQCC Standard Terms and Conditions; General Terms and Conditions Book 3: Construction Task Catalog®(Separate for Each Geographical Area) Book 4: Technical Specifications IQCC, also known as Job Order Contracting (JOC), is a contracting procurement system that provides facility owner's access to "on-call" contractors to provide immediate construction, repair and renovation services over an extended period of time. Intending bidders are required to attend one mandatory pre-bid seminar for the purpose of discussing the IQCC procurement system, the contract documents, and bid forms. For your convenience, five separate pre-bid seminar opportunities will be held as follows: 5/3/16 10:00 am Florida State College North Campus Building A, Room A-171 4501 Capper Rd. Jacksonville, FL 32218 5/4/16 9:00 am Seminole State College Altamonte Springs Campus Building A, Room 221 850 South SR 434 Altamonte Springs, FL 32714 5/4/16 2:00 pm Hillsborough Community College Ybor City Campus Training Center Room 125 39 Columbia Dr. Tampa, FL 33619 Page 109 of 660 NATIONAL JOINT POWERS ALLIANCE° Book 1 — Project Information, Instructions to Bidders and Execution Documents 5/5/16 9:00 am Florida SouthWestern State College Lee Campus Building U, Room U-106 8099 College Pkwy SW Fort Myers, FL 33919 5/5/16 2:00 pm City of Boca Raton Community Center 150 Crawford Blvd. Boca Raton, FL 33432 Intending bidders can pre-register for the pre-bid seminar by visiting our website at http://www.nipacoop.org/national-cooperative-contract-solutions/ezigc-construction/eziqc-pre-bid- reaistration. An electronic (CD) copy of the IFB Documents which include the instructions for submitting a bid and the bid documents may be obtained by letter of request to Joseph Morgan, NJPA, 202 12th Street NE, Staples, MN 56479, or by visiting our website at www.nipacoop.org/eziqc-bid-document-request selecting the desired bid documents from the drop down list and completing the requested information.All requests must include; mailing address, email address, contact name, phone number. Bids are due by 4:30 pm CT on May 17, 2016 and will be opened at 9:00 am CT on May 18, 2016. IFB Documents will be available until May 13, 2016. Direct questions regarding this IFB to: Joseph Morgan EZIQC(a_NJPACOOP.ora or(218)895-4141. Page 110 of 660 NATIONAL JOINT POWERS ALLIANCE® Book 1 — Project Information, Instructions to Bidders and Execution Documents BOOK 1 Project Information, Instructions to Bidders, and Execution Documents SOLICITATION NO. FL01GC1-051716 FL04GC1-051716 FL01 GC2-051716 FL04GC2-051716 FL01 GC3-051716 FL04GC3-051716 FL01 UG1-051716 FL04GC4-051716 FL01 UG2-051716 FL04GC5-051716 FL02GC1-051716 FL04UG1-051716 FL02GC2-051716 FL04UG2-051716 FL02GC3-051716 FL04UG3-051716 FL02UG1-051716 FL04UG4-051716 FL02UG2-051716 FL05GC1-051716 FL03GC1-051716 FL05GC2-051716 FL03GC2-051716 FL05GC3-051716 FL03GC3-051716 FL05UG1-051716 FL03UG1-051716 FL05UG2-051716 FL03UG2-051716 INDEFINITE QUANTITY CONSTRUCTION CONTRACT PA National Joint PowersAlliance* 202 12th Street NE Staples, MN 56479 Joseph Morgan ezIQC Contract Manager EZIQCP_nipacoop.org April 2016 Page 111 of 660 NATIONAL JOINT POWERS ALLIANCE° Book 1 — Project Information, Instructions to Bidders and Execution Documents This page intentionally left blank Page 112 of 660 Page 113 of 660 BOOK 1 Table of Contents SECTION ONE- PROJECT INFORMATION.................................................................................1 1. DEFINITIONS..............................................................................................................1 2. ABOUT THE NATIONAL JOINT POWERS ALLIANCE®(NJPA) ..............................2 3. DEFINED GOALS OF THE IFB ..................................................................................3 4. IQCC OVERVIEW.......................................................................................................3 5. GEOGRAPHIC AREAS...............................................................................................5 6. THE IFB DOCUMENTS...............................................................................................5 7. QUALIFICATION OF BIDDERS..................................................................................6 8. AWARD .......................................................................................................................6 9. ASSIGNMENT OF WORK...........................................................................................7 10. ORDER OF PRECEDENCE OF THE COMPONENTS OF THE CONTRACT DOCUMENTS .............................................................................................................8 SECTION TWO- INSTRUCTIONS TO BIDDERS .........................................................................9 1. GENERAL INFORMATION .........................................................................................9 2. SOLICITATION OF IFB...............................................................................................9 3. ADVERTISING OF SOLICITATION............................................................................9 4. REQUEST FOR INFORMATION (RFI).....................................................................10 5. PRE-BID SEMINAR...................................................................................................10 6. ADDENDA TO THE IFB DOCUMENTS....................................................................10 7. BID DEPOSIT............................................................................................................10 8. BID SUBMISSION PROCESS ..................................................................................11 9. CONTRACTOR'S MANAGEMENT PLAN.................................................................12 10. BID PRICING.............................................................................................................14 11. BID DOCUMENT CHECKLIST .................................................................................16 12. BID TRANSMITTAL...................................................................................................17 13. MODIFICATION OR WITHDRAWAL OF A SUBMITTED BID..................................17 14. BIDDER RESPONSIVENESS AND RESPONSIBILITY...........................................17 15. CERTIFICATION.......................................................................................................18 16. PROTESTS ...............................................................................................................18 17. PUBLIC RECORD.....................................................................................................18 18. PREVAILING WAGE RATES AND PARTICIPATION REQUIREMENTS ................18 19. MARKETING REQUIREMENT..................................................................................19 20. MEMBER SIGN-UP PROCEDURE...........................................................................19 21. FEES ......................................................................................................................20 22. TAXES ......................................................................................................................20 23. PHYSICAL PRESENCE............................................................................................20 April 2016 Table of Contents i Page 114 of 660 SECTION THREE- BID FORMS..................................................................................................21 BID FORM 1: THE ADJUSTMENT FACTORS...................................................................21 BID FORM 2: CALCULATION OF THE COMBINED ADJUSTMENT FACTOR ................23 BID FORM 3: BID DEPOSIT...............................................................................................24 BID FORM 4: BIDDER ASSURANCE OF COMPLIANCE..................................................25 BID FORM 5: MANAGEMENT PLAN ..............................................................27 BID FORM 6: CERTIFICATE OF GOOD STANDING ........................................................28 BID FORM 7: CERTIFICATE OF SECRETARY.................................................................29 BID FORM 8: BONDING COMPANY STATEMENT...........................................................30 BID FORM 9: FINANCIAL STATEMENT............................................................................31 BID FORM 11: AGREEMENT TO WORK IN ALL AREAS OF THE STATE(S) .................37 BID FORM 12: IQC/JOC CONTRACT EXPERIENCE........................................................38 BID FORM 13: IQC/JOC PROJECT EXPERIENCE ..........................................................39 BID FORM 14: EXISTING FULL-SERVICE OFFICE LOCATION AFFIDAVIT...................40 SECTION FOUR- EXHIBITS.......................................................................................................42 EXHIBIT A: GEOGRAPHIC AREA MAP .........................................................................42 NJPA is a trademark of the National Joint Powers Alliance®. ezIQC®, eGordian°, Bid Safe Tm and Construction Task Catalog® are trademarks of The Gordian Group, Inc. April 2016 Table of Contents ii Page 115 of 660 NATIONAL JOINT POWERS ALLIANCE® Book 1 — Project Information, Instructions to Bidders and Execution Documents SECTION ONE - PROJECT INFORMATION 1. DEFINITIONS 1.1 National Joint Powers Alliance® (NJPA): NJPA is a public agency serving as a national municipal contracting agency established under the Minnesota Legislative Statute §123A.21 with the authority to develop and offer, among other services, cooperative purchasing services to its membership. Eligible membership and participation includes states, cities, counties, all government agencies, both public and non-public educational agencies, colleges, universities and non-profit organizations. 1.2 Joint Exercise of Powers: NJPA cooperatively shares those contracts with its Members nationwide through various "Joint Exercise of Powers Laws" established in Minnesota and applicable laws in other states. The Minnesota "Joint Exercise of Powers Law" is Minnesota Statute§471.59 which states"Two or more governmental units...may jointly or cooperatively exercise any power common to the contracting parties..." Similar Joint Exercise of Powers Laws exists within the laws of each State of the United States. This Minnesota Statute allows NJPA to serve Member agencies located in all other states. Municipal agencies nationally have the ability to participate in cooperative purchasing activities as a result of specific laws of their own state. These laws can be found on our website at http://www.n0pacoop.org/national-cooperative-contract-solutions/legal-authority. 1.3 NJPA Members: 1.3.1 Potential NJPA Members: A Potential NJPA Member is defined as any public or private educational agencies including colleges and universities, districts or school boards, and any governmental unit including a city, county, town, political subdivision of Minnesota or another state, and any agency of the State of Minnesota or the United States, any instrumentality of a governmental unit, and any non-profit. Membership in NJPA is required to participate in any NJPA Contract. Any current or potential Member of NJPA who is in compliance with the terms and conditions of membership, shall have the option and freedom to access any of the procurement contracts of NJPA. 1.3.2 NJPA Member: An NJPA Member is defined as any "Potential NJPA Member" who has completed and submitted a membership form or acknowledgement. 1.4 Purchase Order: Purchase Orders for construction and services may be executed between NJPA or NJPA Members and the Contractor pursuant to this Invitation for Bid and the resulting Agreement. 1.4.1 Governing Law: Purchase Orders, as identified above, shall be construed in accordance with, and governed by, the laws of a competent jurisdiction with respect to the NJPA Member. Each and every provision of law and clause required by law to be included in the Purchase Order shall be read and enforced as though it were included. If through mistake or otherwise any such provision is not included, or is not currently included, then upon application of either part the Contract shall be physically amended to make such inclusion or correction. The venue for any litigation arising out of disputes related to Purchase Order(s) shall be a court of competent jurisdiction to the Purchaser. April 2016 Section One— Project Information 1 Page 116 of 660 NATIONAL JOINT POWERS ALLIANCE® Book 1 — Project Information, Instructions to Bidders and Execution Documents 1.4.2 Additional Terms and Conditions: Additional terms and conditions to a Purchase Order may be proposed by NJPA, NJPA Members, or Contractors. Acceptance of these additional terms and conditions is OPTIONAL to all parties to the Purchase Order. The purpose of these additional terms and conditions is to, among other things, formerly introduce job or industry specific requirements of law such as prevailing wage legislation. Additional terms and conditions can include specific policy requirements and standard business practices of the issuing NJPA Member. 1.5 Adjustment Factors: Adjustment Factors are the Contractor's competitively bid price adjustments to the Unit Prices as published in the Construction Task Catalog, Book 3. Adjustment Factors are expressed as an increase or decrease from the published Unit Prices. 1.6 Construction Task Catalog: A comprehensive listing of specific construction related Tasks, together with a specific unit of measurement and a Unit Price (also referred to as the CTC). 1.7 Agreement: the written Agreement between the Contractor and NJPA covering the Work to be performed; and other Contract Documents incorporated in or referenced in the Agreement and made part thereof as if provided therein. 2. ABOUT THE NATIONAL JOINT POWERS ALLIANCE® (NJPA) 2.1 The National Joint Powers Alliance®(NJPA) is a public agency serving as a national municipal contracting agency established under the Minnesota Legislative Statute §123A.21 with the authority to develop and offer, among other services, cooperative purchasing services to its membership. Eligible membership and participation includes states, cities, counties, all government agencies, both public and non-public educational agencies, colleges, universities and non-profit organizations 2.2 Under the authority of Minnesota state laws and enabling legislation, NJPA facilitates a competitive bidding and contracting process on behalf of the needs of itself and the needs of current and potential member agencies locally and nationally. This process results in national procurement contracts with various Vendors of products/equipment and services which NJPA Member agencies desire to procure. These procurement contracts are created in compliance with applicable Minnesota Municipal Contracting Laws. A complete listing of NJPA cooperative procurement contracts can be found at http://www.nipacoop.org/national-cooperative-contract- solutions. 2.3 NJPA is a public agency governed by publicly elected officials that serve as the NJPA Board of Directors. NJ PA's Board of Directors call for all proposals, awards all Contracts, and hosts those resulting Contracts for the benefit of its own and its Members use. 2.3.1 Subject to Approval of the NJPA Board: NJPA contracts are awarded by the action of the NJPA Board of Directors. This action is based on the open and competitive bidding process facilitated by NJPA. The evaluation and resulting recommendation is presented to the Board of Directors by the NJPA Bid Review Committee. 2 Section One— Project Information April 2016 Page 117 of 660 NATIONAL JOINT POWERS ALLIANCE® Book 1 — Project Information, Instructions to Bidders and Execution Documents 2.4 NJPA currently serves over 50,000 member agencies nationally. Both membership and utilization of NJPA contracts continue to expand, due in part to the increasing acceptance of Cooperative Purchasing throughout the government and education communities nationally. 3. DEFINED GOALS OF THE IFB 3.1 The goal of this IFB is to establish a group of indefinite quantity construction contracts (IQCC) that NJPA and NJPA Members may access to complete repair, maintenance and minor new construction Projects at competitively bid prices. The Contractors will perform an ongoing series of individual Projects for NJPA Members at different locations primarily within the designated Geographic Area. 3.2 One of the major benefits to a Bidder is that one response may be prepared to receive a single award that is potentially available to and accessible by many potential buyers from government agencies, education, and non-profit agencies throughout the Geographic Area. The procurement activities of the NJPA Bid Review Committee is limited to document preparation, answering Bidder questions, advertising the solicitation, distribution of this IFB upon request, conducting an evaluation and making recommendation for possible approval to NJPA Board of Directors. Contracts awarded through NJPA are intended to meet the procurement laws of all states and NJPA will exhaust all avenues to comply with as many state laws as possible. It is the responsibility of each participating NJPA Member to ensure to their satisfaction that these laws are satisfied. An individual NJPA Member using these contracts is deemed by its own accord to be in compliance with bidding regulations. NJPA encourages the awarded Contractor to assist NJPA and the NJPA Member in this research to the benefit of all involved. After the award and contract phase, NJPA Members can issue Purchase Orders for any amount without the necessity to prepare their own IFB, or gathering of necessary quotations. This saves the NJPA Members countless hours of time and allows for more economical and efficient purchasing. State laws permit or encourage cooperative purchasing contracts with the belief that better prices and value will result. 4. IQCC OVERVIEW 4.1 IQCC is a competitively bid indefinite quantity construction contract awarded to Contractors to accomplish the repair, alteration, modernization, rehabilitation, and minor new construction of infrastructure, buildings, structures, or other real property. The Contract value is based on the anticipated estimated annual use and the Contract term is one year with bilateral option terms. The IFB Documents include a Construction Task Catalog (CTC) containing repair and construction Tasks with preset unit prices. All unit prices are based on local labor, material and equipment prices for the direct cost of construction. Once the Agreement is awarded, NJPA Members will order Work from the CTC by issuing a Purchase Order against the Agreement. 4.2 Bidders will offer price adjustments (Adjustment Factors) to be applied to the CTC unit prices. The Adjustment Factors represent either an increase to (such as 1.1000) or a decrease from (such as 0.9800) the preset Unit Prices. The amount to be paid for the Work ordered will be determined by: multiplying the preset unit prices by the appropriate quantities and by the appropriate Adjustment Factor. The CTC and the Contractor's Adjustment Factors will be incorporated into the awarded Agreement. 4.3 Under IQCC, the Contractor furnishes management, labor, materials, equipment and April 2016 Section One— Project Information 3 Page 118 of 660 NATIONAL JOINT POWERS ALLIANCE® Book 1 — Project Information, Instructions to Bidders and Execution Documents incidental design support needed to perform the Work. 4.4 As Projects are identified, the Contractor will jointly scope the Work with the NJPA Member. The NJPA Member will prepare a Detailed Scope of Work and issue a Request for Proposal to the Contractor. The Contractor will then prepare a Work Order Proposal for the Project including a Price Proposal, Schedule, list of identified subcontractors, and other requested documentation such as cut sheets for materials. If the Work Order Proposal is found to be reasonable, the NJPA Member will issue a Purchase Order. The Purchase Order will reference the Detailed Scope of Work and set forth the Work Order Completion Time, and the Work Order Price. The Contractor shall perform the Detailed Scope of Work within the Work Order Completion Time for the Work Order Price.A separate Purchase Order will be issued for each Work Order. Extra Work, credits, and deletions will be contained in Supplemental Work Orders calculated in the same manner. 4.5 NJPA through a formal selection process awarded a professional service agreement to The Gordian Group (Gordian) for their IQCC program. The system includes Gordian's proprietary ezIQC, eGordian and Bid Safe IQCC applications (IQCC Applications) and construction cost data (Construction Task Catalog),which shall be used by the Contractor to prepare and submit Price Proposals, subcontractor lists, and other requirements specified by NJPA and NJPA Members. The Contractor's use, in whole or in part, of Gordian's IQCC Applications and Construction Task Catalog and other proprietary materials provided by Gordian for any purpose other than to execute work under this Contract for NJPA and NJPA Members is strictly prohibited unless otherwise stated in writing by Gordian. The Contractor hereby agrees to abide by the terms of the following Gordian IQCC System License: IQCC System License Gordian hereby grants to the Contractor, and the Contractor hereby accepts from Gordian for the term of this Contract or Gordian's contract with NJPA, whichever is shorter, a non-exclusive right, privilege, and license to Gordian's proprietary IQCC System and related proprietary materials (collectively referred to as "Proprietary Information") to be used for the sole purpose of executing Contractor's responsibilities to NJPA and NJPA Members under this Contract ("Limited Purpose"). The Contractor hereby agrees that Proprietary Information shall include, but is not limited to, Gordian's IQCC Applications and support documentation, Construction Task Catalog, training materials, marketing materials and any other proprietary materials provided to Contractor by Gordian. In the event this Contract expires or terminates as provided herein, or the Gordian's contract with NJPA expires or terminates, this IQCC System License shall terminate and the Contractor shall return all Proprietary Information in its possession to Gordian. Contractor acknowledges that Gordian shall retain exclusive ownership of all proprietary rights to the Proprietary Information, including all U.S. and international intellectual property and other rights such as patents, trademarks, copyrights and trade secrets. Contractor shall have no right or interest in any portion of the Proprietary Information except the right to use the Proprietary Information for the Limited Purpose set forth herein. Except in furtherance of the Limited Purpose, Contractor shall not distribute, disclose, copy, reproduce, display, publish, transmit, assign, sublicense, transfer, provide access to, use or sell, directly or indirectly (including in electronic form), any portion of the Proprietary Information. 4 Section One— Project Information April 2016 Page 119 of 660 NATIONAL JOINT POWERS ALLIANCE® Book 1 — Project Information, Instructions to Bidders and Execution Documents Contractor acknowledges and agrees to respect the copyrights, trademarks, trade secrets, and other proprietary rights of Gordian in the Proprietary Information during and after the term of this Agreement, and shall at all times maintain complete confidentiality with regard to the Proprietary Information provided to Contractor, subject to federal, state and local laws related to public disclosure. Contractor further acknowledges that a breach of any of the terms of this Agreement by Contractor will result in irreparable harm to Gordian for which monetary damages would be an inadequate remedy, and Gordian shall be entitled to injunctive relief(without the necessity of posting a bond) as well as all other monetary remedies available at law or in equity. In the event that it becomes necessary for either party to this IQCC System License to enforce the provisions of this Agreement or to obtain redress for the breach or violation of any of its provisions, whether by litigation, arbitration or other proceedings, the prevailing party shall be entitled to recover from the other party all costs and expenses associated with such proceedings, including reasonable attorney's fees. In the event of a conflict in terms and conditions between this IQCC System License and any other terms and conditions of this Contract or any Work Order, Purchase Order or similar purchasing document (Purchase Order) issued by NJPA or an NJPA Member, this IQCC System License shall take precedence. 4.6 The NJPA Member (or the NJPA Member Designated Representative), with the assistance of Gordian, will identify Projects and develop a draft scope of the work. The Contractor and Gordian will then assist the NJPA Member in developing a final scope of work. The NJPA Member will then issue a Detailed Scope of Work and a Request for Proposal to the Contractor. The Contractor will then utilize Gordian's IQCC System to prepare a Price Proposal for the Work Order including a Schedule, list of identified subcontractors, and other requested documentation such as cut sheets for materials. Gordian will assist the NJPA Member with Price Proposal review, and if the Price Proposal is found to be reasonable, the NJPA Member will issue a Purchase Order to Contractor. The Purchase Order will reference the Detailed Scope of Work and set forth the Work Order Completion Time, and the Work Order Price. The Contractor shall perform the Detailed Scope of Work within the Work Order Completion Time for the Work Order Price. A separate Purchase Order will be issued for each Work Order. Extra Work, credits, and deletions will be contained in Supplemental Work Orders calculated in the same manner. 4.7 The Contractor shall, within two (2) business days of receipt of a Purchase Order from an NJPA Member, provide notification to NJPA of each Purchase Order by forwarding a copy of the Purchase Order via email to PO@ezlQC.com or via facsimile to (864) 233-9100. 4.8 The Contractor shall, within two (2) business days of sending an Invoice to an NJPA Member, provide notification to NJPA of each Invoice by forwarding a copy of the Invoice via email to Invoice@ezlQC.com or via facsimile to (864) 233-9100. 5. GEOGRAPHIC AREAS NJPA solicits bids for separate contracts for each of the various Geographic Areas as shown on Exhibit A. This solicitation is for the Geographic Areas as specified in the Invitation For Bids. 6. THE IFB DOCUMENTS April 2016 Section One— Project Information 5 Page 120 of 660 NATIONAL JOINT POWERS ALLIANCE® Book 1 — Project Information, Instructions to Bidders and Execution Documents The IFB Documents consist of four Books: Book 1: Project Information, Instructions to Bidders and Execution Documents Book 2: IQCC Standard Terms and Conditions; General Terms and Conditions Book 3: Construction Task Catalog (Separate for Each Geographical Area) Book 4: Technical Specifications 7. QUALIFICATION OF BIDDERS 7.1 Bids shall be considered only from firms normally engaged in performing the type of work specified within the IFB Documents. Bidder must have adequate organization, facilities, equipment, and personnel to ensure prompt and efficient service to an NJPA Member (as solely determined by NJPA). 7.2 In determining a Bidder's responsibility and ability to perform the Agreement, NJPA has the right to investigate and request information concerning the financial condition, experience record, personnel, equipment, facilities, principal business location and organization of the Bidder, the Bidder's record with environmental regulations, and the claims/litigation history of the Bidder. 7.3 Bidder must possess documentation evidencing compliance with applicable licensing requirements. 7.4 Bidder must have a fully functioning office within the Geographic Area for which a bid is submitted. Bids may be submitted for one or more Geographic Areas but it is not a requirment to submit for multiple Geographic Areas. 8. AWARD 8.1 An Award of Contract will be made by the NJPA Board of Directors based on the recommendation of the NJPA Bid Review Committee on behalf of its current and future NJPA Members. 8.2 It is the intent of NJPA to award one or more Agreement(s) per Geographic Area to the lowest, responsive, responsible Bidder(s) based on the Combined Adjustment Factor as shown on Bid Form 1 and other qualifying factors. NJPA shall have the right to waive any informality or irregularity in any Bidder's Response received and to accept the Bidder's Response(s), which in its judgment, is (are) in the best interests of NJPA and NJPA Members. NJPA reserves the right to reject all Bid Responses and advertise again if, in NJPA's opinion, the received bids do not meet or exceed the minimum needs and expectations of the NJPA current and qualifying members. NJPA reserves the right to award additional Agreements from this solicitation for a period of 180 Days (or longer, if mutually agreeable to both the Bidder and NJPA). 8.3 Additionally, the Bidder is required to submit a Management Plan, see Article 9, Section Two Instructions to Bidders. The Bidder's Management Plan will provide the NJPA information to gauge the responsibility of the Bidder. 8.4 A Bidder will not be awarded more than one same-scope Contract within any Geographic Area. 8.5 Competitive Range Determination - if a wide margin is found in the Adjustment Factors submitted in response to the solicitation; being too high or too low, then the NJPA Bid Review Committee may establish a Competitive Range for the solicitation. If it is determined that a Bidder's Combined Adjustment Factor is too far outside the Competitive Range then the Bidder can be removed from consideration. The Bidder 6 Section One— Project Information April 2016 Page 121 of 660 NATIONAL JOINT POWERS ALLIANCE® Book 1 — Project Information, Instructions to Bidders and Execution Documents shall be notified that they were determined to be outside the Competitive Range after award of the contracts. 8.6 Unbalancing of Bids —A Bid may be removed from consideration if it is determined that the Bidder has mathematically unbalanced their Bid to gain a competitive advantage. The Bid will be considered to be unbalanced if any Adjustment Factor is found to not cover the contractors reasonable actual cost. Those costs would include a reasonable prorated share of their anticipated profit, overhead cost, and other indirect costs that the bidder anticipates for the performance of the work as determined by the NJPA Bid Review Committee. 8.7 The Other Than Normal Working Hours Adjustment Factors must be higher than the Normal Working Hours Adjustment Factors. 8.8 The Non Pre-priced Adjustment Factor Without Administrative Fees must be between 1.0500 and 1.2000. 9. ASSIGNMENT OF WORK 9.1 If multiple awards are made, the assignment of the Work is at the sole discretion of the NJPA Member. The Contractor's Adjustment Factors, performance history, and ability to perform the Work will be considered in determining the distribution of the Work. 9.2 Bid Safe: NJPA may issue a Request for Quotation (RFQ)to two or more Contractors for a Work Order. Selection of the Contractor and award of the Work Order will be in compliance with established NJPA procedures. 9.3 NJPA reserves the right to utilize Bid Safe on a Work Order by Work Order basis. 9.4 NJPA will consider several factors when determining the applicability of Bid Safe to a Work Order including, but not limited to, the following: 9.4.1 Estimated Work Order Amount; 9.4.2 Scope documentation, including but not limited A/E design; 9.4.3 Nature and complexity of the Work; 9.4.4 Contractors' abilities to self-perform the Work; 9.4.5 Contractors' proven capabilities on similar Work; 9.4.6 Schedule; and; 9.4.7 Other appropriate criteria as deemed in the best interest of the NJPA Member. 9.5 The Detailed Scope of Work will be developed by the NJPA Member personnel and included with the RFQ. 9.6 NJPA may conduct one or more site visits with all contractors designated to receive the RFQ. 9.7 All contractors that receive the RFQ will have the opportunity to submit requests for information. Should NJPA choose to respond to any or all of the requests for information, the responses, and any changes to the RFQ, will be provided in an addendum to all contractors designated to receive the RFQ. 9.8 The Contractor will utilize the Bid Safe application in the eGordian software to provide a Not to Exceed Offer (NTE Offer), along with any additional requested April 2016 Section One— Project Information 7 Page 122 of 660 NATIONAL JOINT POWERS ALLIANCE® Book 1 — Project Information, Instructions to Bidders and Execution Documents documentation, in response to the RFQ. 9.9 NJPA will issue a Request for Proposal to the Contractor submitting the NTE Offer that provides the best value to the NJPA Member based on, but not limited to, price and any technical factors considered. 9.10 The NTE Offer is valid for 120 Days from the date of opening unless stated otherwise in the Detailed Scope of Work. 9.11 The Contractor that receives a Request for Proposal will submit a Price Proposal to NJPA. Provided that any necessary Price Proposal modifications are completed in a timely and thorough manner, NJPA will deliver a Work Order Proposal Package for the NJPA Member's consideration. 9.12 The Work Order Amount shall be equal to the lessor of the NTE Offer and the Price Proposal amount. 9.13 Where the NTE Offer is less than the Price Proposal, the difference between the NTE Offer and Price Proposal shall be deemed a discount offered by the Contractor. The discount amount shall be a percent-based discount that will be calculated by the following equation: Percent Discount = (Price Proposal Amount— NTE Offer) = Price Proposal Amount The discount shall be applied to subsequent Work Orders (additions or deletions) required to complete the Work, provided the Work Order contains materials, equipment and tasks that are similar in nature to the original Detailed Scope of Work. 9.14 If NJPA exercises its right to award a Work Order utilizing Bid Safe, collaboration between Contractors is specifically prohibited. Contractor collaboration undermines competition, and evidence of such will be considered a material breach of this Contract and grounds for termination for cause. 10. ORDER OF PRECEDENCE OF THE COMPONENTS OF THE CONTRACT DOCUMENTS The order of precedence of the Contract Documents shall be as follows: • Book 2 — IQCC Standard Terms and Conditions • Book 2 — General Terms and Conditions • Addenda, if any • Work Order which may include Plans, Drawings and supplemental Technical Specifications • Standard Specifications of the NJPA Member, the City, State or Federal Government, if any • Book 3 —Construction Task Catalog • Book 4 —Technical Specifications • Book 1 — Project Information, Instructions, and Execution Documents 8 Section One— Project Information April 2016 Page 123 of 660 NATIONAL JOINT POWERS ALLIANCE® Book 1 — Project Information, Instructions to Bidders and Execution Documents SECTION TWO - INSTRUCTIONS TO BIDDERS 1. GENERAL INFORMATION 1.1 The following instructions are given for the purpose of guiding Bidders in properly preparing their bids. Such instructions are part of the IFB Documents, and strict compliance is required with all the provisions contained in the instructions. 1.2 Examination of IFB Documents 1.2.1 It is the responsibility of each Bidder before submitting a Bid, to: 1.2.1.1 Examine the IFB Documents thoroughly, 1.2.1.2 Take into account federal, State and local laws, regulations, ordinances, and applicable procurement codes that may affect costs, progress, performance, and furnishing of the Work, or award, 1.2.1.3 Study and carefully correlate Bidder's observations with the IFB Documents, and 1.2.1.4 Carefully review the IFB Documents and notify NJPA of all conflicts, errors or discrepancies in the IFB Documents of which Bidder knows or reasonably should have known. 1.3 The submission of a Bid shall constitute an incontrovertible representation by Bidder that Bidder has complied with the above requirements and that without exception, the Bid is premised upon performing and furnishing the Work required by the IFB Documents and that the IFB Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 2. SOLICITATION OF IFB Sealed and properly identified bids entitled "INDEFINITE QUANTITY CONSTRUCTION CONTRACT" will be received by Joseph Morgan, ezIQC Contract Manager, at NJPA Offices, 202 12th Street NE, Staples, MN 56479 until the deadline for receipt of, and opening of bids as specified in the Invitation For Bids. Bids will be for the provision of Indefinite Quantity Construction Contract services for both NJPA and NJPA Members, and all government and education agencies to include colleges and universities. A Representative from the NJPA Bid Review Committee will then read the Bidder's names aloud. A summary of the responses to this IFB will be made available for public inspection in the NJPA office in Staples, MN. The Award and resulting Agreement may be awarded within the timeframe identified in this IFB. To receive a complete copy of these IFB Documents, send or communicate all requests to the attention of Joseph Morgan 202 12th Street NE Staples, MN 56479 or visit our website at http://www.nopacoop.org/national-cooperative-contract-solutions/ezigc- construction/ezigc-bid-document-request/, select the disired bid docments from the drop down list and complete the requested information. All requests must include mailing address, email address, contact name, and phone number. IFB CD's will be EXPRESS mailed to the address provided. Oral, facsimile, telephone or telegraphic Bid Submissions or requests for IFB Documents are invalid and will not receive consideration. Direct questions regarding this IFB to Joseph Morgan at EZIQCP_nipacoop.org or 218-895-4141. 3. ADVERTISING OF SOLICITATION 3.1 AS A POLICY, NJPA SHALL ADVERTISE THIS SOLICITATION IT SHALL BE April 2016 Section Two— Instructions to Bidders 9 Page 124 of 660 NATIONAL JOINT POWERS ALLIANCE® Book 1 — Project Information, Instructions to Bidders and Execution Documents POSTED ON NJPA's WEBSITE, POSTED TO THE WEBSITE OF NOTICETOBIDDERS.COM,AND POSTED TO OTHER THIRD PARTY WEBSITES DEEMED APPROPRIATE BY NJPA. THIS ADVERTISEMENT IS ALSO SUBMITTED FOR POSTING AT INDIVIDUAL STATE LEVELS. NJPA WILL NOT MAINTAIN OR COMMUNICATE TO A BIDDER'S LIST. ALL INTERESTED BIDDERS MUST RESPOND TO THE SOLICITATION AS A RESULT OF AN INTERNET WEB NOTICE OR HARD COPY RESEARCH OF SAID PUBLICATION. BECAUSE OF THE SCOPE OF THE POTENTIAL MEMBERS AND NATIONAL VENDORS, NJPA HAS DETERMINED THAT THIS IS THE BEST WAY TO FAIRLY SOLICIT OUR IFB REQUESTS. 3.2 IN ADDITION, NJPA SHALL ADVERTISE IN ONE OR MORE PUBLICATIONS DISTRIBUTED IN THE GEOGRAPHIC AREA, INCLUDING, BUT NOT LIMITED TO, NEWSPAPERS AND OTHER PUBLICATIONS CONSISTENT WITH STATE LAW REGARDING NOTICE OF THIS INVITATION FOR BIDS. 4. REQUEST FOR INFORMATION (RFI) 4.1 Submit all RFIs about this IFB, in writing, to Joseph Morgan, NJPA, 202 12th Street NE, Staples, MN 56479, or email at EZIQCP_NJPACOOP.org or by fax at(218) 895- 4141 prior to May 10, 2016 at 4:30 PM CT. NJPA urges potential bidders to communicate all concerns during the response period to avoid misunderstandings. 4.2 If an RFI is deemed by NJPA to have a material impact on the IFB, the response to the RFI will become an Addendum to these IFB Documents. 4.3 If the RFI and response is deemed by NJPA to be a clarification of existing terms and conditions and does not have a material impact on the IFB, no further documentation of that RFI is required. 5. PRE-BID SEMINAR A Pre-bid seminar and/orwebinar will be held at the places and times listed in the Invitation For Bids for the purpose of discussing the IQCC procurement system, the IFB Documents and bid forms. Attendance at one of the Pre-Bid Semi nar(s)/Webinar(s) is mandatory to be deemed responsive. 6. ADDENDA TO THE IFB DOCUMENTS Addenda are written instruments issued by the NJPA that modify or interpret these IFB Documents. All Addenda issued by NJPA shall become a part of the IFB Documents. Addenda will be delivered to all potential bidders using the same method of delivery of the original IFB material or by email if appropriate. NJPA accepts no liability in connection with the delivery of said materials. Copies of Addenda will also be made available on the ezlQC website at www.EZIQC.com/Prebid or the NJPA website from www.NJ PACOOP.org/national-cooperative-contract-solutions/ezigc-construction/ezigc- pending solicitations and from the NJPA offices. No Addenda will be issued later than five (5) Days prior to the deadline for receipt of bids, except an Addendum withdrawing the request for bids or one that includes postponement of the date of receipt of bids. Each potential bidder shall ascertain prior to submitting a bid that it has received all Addenda issued, and the bidder shall acknowledge its receipt in its bid response. 7. BID DEPOSIT 7.1 Bid deposit shall be a bond provided by a surety company or the equivalent in a cashier's check, money order or certified check. All certified checks must be drawn 10 Section Two— Instructions to Bidders April 2016 Page 125 of 660 NATIONAL JOINT POWERS ALLIANCE® Book 1 — Project Information, Instructions to Bidders and Execution Documents on a bank doing business in the United States, and shall be made payable to the order of NJPA. CASH IS NOT AN ACCEPTABLE FORM OF BID DEPOSIT. 7.2 Bid deposits shall be in the amount shown in the I FB. After bids are opened, deposits shall be irrevocable for the period of one hundred and twenty (120) Days. If a bidder is permitted to withdraw its bid before award, no action shall be taken against the bidder or the bid deposit. 7.3 The bid bonds, certified checks, or cashier's checks of unsuccessful bidders will be returned as soon as practicable after the opening of the bids; however, the deposits of the three (3) lowest Bidders shall be retained until NJPA awards the Agreement to one or more of them, or for any reason rejects all bids. 8. BID SUBMISSION PROCESS 8.1 Preparation of the Bid Response 8.1.1 Bid package will be submitted for ALL Areas as follows: 8.1.1.1 Two (2) original copies of Bid Forms 1, 2, 10 and 14 MUST be submitted for each Geographic Area that you are bidding. These MUST be in separate SEALED Envelopes. On the outside of each envelope you will include Company Name, Solicitation Number. and Geographic Area. 8.1.1.2 Bid forms 3, 4, 5, 6, 7, 8, 9, 11 12, and 13 — only need to be submitted once for the entire package. As stated below you will provide One (1) Original copy of Bid Forms 3, 4, 5, 6, 7, 8, 9, 11, 12, and 13 in a Tabbed Notebook. On the outside of the Notebook you will include Company Name, Solicitation Number. and Geographic Area. NOTE:: Only one Management Plan is required for this submission. 8.1.2 Additionally, submit one (1) electronic copy(CD-ROM's or USB Flash Drives) of the bid documents (Bid Forms 1-14) including the Management Plan and scanned copies of signature pages with original signatures The CD's or USB Flash Drive must be labeled with; Solicitation No., Date, and Company Name. 8.1.3 All bids shall be on the forms provided. Telegraphic, electronic mail or fax machine bids cannot be considered. 8.1.4 The bid documents must be submitted with original ink signatures by the person authorized to sign the bid. The person signing the bid must initial erasures, interlineations or other modifications in the bid document. Failure to properly sign the bid documents or to make other notations as indicated may result in rejection of the bid and cause the bid to be deemed non- responsive. 8.1.5 Mistakes may be corrected prior to bid opening, but shall be initialed by the person signing the bid documents. Corrections and/or modifications received after the opening time will not be accepted, except as authorized by applicable rule, regulation or statute and NJPA. 8.1.6 It is the responsibility of all Bidders to examine the entire IFB package, to seek clarification of any item or requirement that may not be clear and to April 2016 Section Two— Instructions to Bidders 11 Page 126 of 660 NATIONAL JOINT POWERS ALLIANCE® Book 1 — Project Information, Instructions to Bidders and Execution Documents check all responses for accuracy before submitting a bid. Negligence in preparing a bid confers no right of withdrawal after the deadline for submission of bids. 9. CONTRACTOR'S MANAGEMENT PLAN 9.1 The Bidder is required to submit its plan for management of the Contract. The title of the submittal shall be "MANAGEMENT PLAN FOR EXECUTION OF IQCC."The Contractor's Management Plan must be submitted as part of the Bidder's bid documents. 9.2 In addition to the bid documents and other required submittals, the Contractor's Management Plan will be used by the NJPA to determine the responsibility of the Bidder to perform the Agreement. Therefore the Bidder should take great care in the preparation of the Management Plan. 9.3 The Bidder may be determined non-responsive for failure to submit the Management Plan and/or declared non-responsible for failure to adequately address the issues below to the satisfaction of the NJ PA. 9.4 The Management Plan shall include as a minimum the following information and organized specifically as shown below: 1. State the number of years your company has been in the construction industry, the type of work your company self-performs, and the type of work your company typically subcontracts. 1. List the five (5) largest construction Contracts your firm has been awarded in the last five (5) years that were/are similar to the Work on which you are bidding. Submit Bid Form 12 for each Contract. a. Contract title. b. Contract number. c. Geographic location. d. Owner name and contact(title, address, email and phone number). e. Contract amount. f. Contract duration, start and finish dates. g. Actual Contract duration, start and finish dates. L Identify the approximate dollar amount of Work completed. h. Provide a general description of the Scope of Work. The awarded Contractor must have the capacity and capability to perform multiple projects at multiple locations simultaneously. Demonstrate this capacity and capability by providing ten (10) projects that meet the following information for each project between $25,000 to $500,000 completed in the last three (3) years: Submit Bid Form 13 for each Project. a. Project title. b. Project number. c. Geographic location. d. Owner name and contact(title, address, email and phone number). e. Project amount. f. Project duration, start and finish dates. g. Actual Project duration, start and finish dates. 12 Section Two— Instructions to Bidders April 2016 Page 127 of 660 NATIONAL JOINT POWERS ALLIANCE® Book 1 — Project Information, Instructions to Bidders and Execution Documents h. Project size in $. i. Provide a brief description of the Scope of Work. 3. Provide a narrative description of how you propose to execute the Work assigned under this contract, including but not limited to: a. Your general understanding of the IQCC procurement system including your assessment of any of the articles of the General Conditions you deem critical to the operations and management of the contract. b. The Contractor is expected to participate in the development and documentation of the Detail Scope of Work for each Work Order. Explain in detail your proposed participation and the specific qualities of your personnel that will add benefit to this process. c. Provide your approach to the expeditious close out of Projects, correction of unacceptable Work, and punch list procedures. d. The Contractor is expected to assist NJPA in the marketing of the IQCC services under the ezIQC brand. Please provide a specific sales and marketing plan including your strategy for sales and marketing, the personnel and their qualifications for sales and marketing, and the frequency and duration of the efforts. Additionally, the Contractor is expected to market to potential NJPA members. Please describe your plan to accomplish this. e. If you held a previous ezIQC Contract please describe how you marketed and sold the Contract and list your accomplishments. Failure to provide this information may be grounds for disqualification. f. All Work has a minimum warranty period of one year. Please describe your process for tracking and performing warranty work. g. If within the past five (5) years, the Bidder has been lawfully precluded from participating in any public procurement activity with a federal, state or local government, then the Bidder must provide a letter with its response setting forth the name and address of the public procurement unit, the effective date of the suspension or debarment, the duration of the suspension or debarment and the relevant circumstances relating to the suspension or debarment. If applicable the Bidder should describe steps taken to improve and ensure these issues do not continue to be a burden. If the Bidder has held an NJPA ezIQC Contract and has requested that the contract be terminated, then the Bidder must provide the reason for the request. Please describe on a separate document and if applicable describe steps taken to improve and ensure these issues do not continue to be a burden. Failure to provide this information may be grounds for Disqualification. 4. Management Team a. Provide an organizational chart. b. Describe the responsibilities and duties of each position by indicating who will manage the overall contract, attend Joint Scope Meetings, prepare Work Order Proposal Packages, negotiate with Subcontractors, supervise construction, and perform administration tasks. April 2016 Section Two— Instructions to Bidders 13 Page 128 of 660 NATIONAL JOINT POWERS ALLIANCE® Book 1 — Project Information, Instructions to Bidders and Execution Documents c. Provide resumes for your key personnel you intend to assign to this Agreement. d. Provide a current list of the number and classification of your full time employees. 10. BID PRICING 10.1 Each Bidder must submit three Adjustment Factors to be applied to every task in the CTC. The bid shall be an adjustment"decrease from" (e.g. 0.9800) or"increase to" (e.g. 1.1000 the Unit Prices listed in the CTC. Bidders who submit separate Adjustment Factors for separate line items will be considered non-responsive and their bids will be rejected. In addition each Bidder must submit a Non Pre- priced Adjustment Factor to be applied to work tasks not identified in the CTC. 10.2 The Bidder's Adjustment Factors shall include all of the Bidder's direct and indirect costs including, but not limited to, its costs for overhead, profit, bid deposit, bond premiums above the reimbursable amount, insurance, mobilization, proposal development, and all contingencies in connection therewith. See pages 00-1 — 00- 8 of Book 3 — the CTC for a complete explanation of what is included in the Unit Prices and what is not. 10.3 The first Adjustment Factor is to be applied to Work to be accomplished during Normal Working Hours. 10.4 The second Adjustment Factor is to be applied to Work to be accomplished during Other Than Normal Working Hours. 10.5 The third Adjustment Factor is for work tasks not identified in the Construction Task Catalog. IQCC includes a provision for establishing of prices for Work requirements which are within the general scope of IQCC but were not included in the CTC at the time of Contract award, see Book 2 Section One, Article 10. These Tasks are referred to as "Non Pre-priced Tasks (NPP)". NPP Tasks may require new specifications and drawings and may subsequently be incorporated into the CTC. The bidders will offer an Adjustment Factor to be applied to the actual material, equipment, and labor cost for NPP work Tasks. The NPP Adjustment Factor shall not be less than 1.0500 and not higher than 1.2000, excluding Administrative Fees. 14 Section Two— Instructions to Bidders April 2016 Page 129 of 660 NATIONAL JOINT POWERS ALLIANCE® Book 1 — Project Information, Instructions to Bidders and Execution Documents Adjustment Factors must be specified to the fourth decimal place. For example: 1 1 0 0 0 Or 0 9 8 0 0 10.6 For bid evaluation purposes only, the following weighting of the Adjustment factors shall be used to determine the Combined Adjustment Factor: NORMAL WORKING 60% HOURS OTHER THAN NORMAL WORKING 30% HOURS NON PRE-PRICED 10% April 2016 Section Two— Instructions to Bidders 15 Page 130 of 660 NATIONAL JOINT POWERS ALLIANCE® Book 1 — Project Information, Instructions to Bidders and Execution Documents 11. BID DOCUMENT CHECKLIST The following documents must be submitted with the bid: ❑ Bid Form 1: The Adjustment Factors ❑ Bid Form 2: Calculation of the Combined Adjustment Factor ❑ Bid Form 3: Bid Deposit ❑ Bid Form 4: Bidder Assurance of Compliance ❑ Bid Form 5: Management Plan ❑ Bid Form 6: Certificate of Good Standing' ❑ Bid Form 7: Certificate of Secretary2 ❑ Bid Form 8: Bonding Company Statement of Bond Capacity and Availability3 ❑ Bid Form 9: Financial Statement4 1. Provide a Certificate of Good Standing for your business from the state in which you are organized. 2. Provide a certificate of Secretary for your business identifying an authorized signer for the Agreement. 3. Provide a letter from your bonding company setting forth your company's available bonding capacity and availability and confirming that, if required, your company could provide labor and material payment bonds and performance bonds for certain projects up to the bonding capacity. 4. Provide the most current financial statement for your company as prepared by a CPA. ❑ Bid Form 10: Form of Agreement (signed) ❑ Bid Form 11: Agreement to work in all Areas in the State (signed) ❑ Bid Form 12: IQC/JOC Contract Experience (5 Contracts) ❑ Bid Form 13: IQC/JOC Project Experience (10 Projects) ❑ Bid Form 14: Existing Full-Service Office Location Affidavit 16 Section Two— Instructions to Bidders April 2016 Page 131 of 660 NATIONAL JOINT POWERS ALLIANCE® Book 1 — Project Information, Instructions to Bidders and Execution Documents 12. BID TRANSMITTAL 12.1 It is the responsibility of the Bidder to be certain that the bid is in the physical possession of NJPA on or prior to the deadline for submission of bids. 12.2 Bids must be submitted in a sealed envelope or box properly addressed to NJPA and with the following information clearly marked on the outside of the envelope or box: Solicitation number Name of Solicitation Geographic Area Deadline for bid submission Bidder's name and address. 12.3 NJPA is not responsible for late receipt of bids. Bids received by the correct deadline for bid submission will be opened and the name of each Bidder and other appropriate information will be publicly read. 13. MODIFICATION OR WITHDRAWAL OF A SUBMITTED BID A submitted bid may not be modified, withdrawn or cancelled by the Bidder for a period of one hundered and eight(180) Days following the time and date designated for the receipt of bids. Prior to the deadline for submission of bids, any bid submitted may be modified or withdrawn by notice to the NJPA Coordinator of Bids and Contracts. Such notice shall be submitted in writing and include the signature of the Bidder and shall be delivered to NJPA prior to the deadline for submission of bids and it shall be so worded as not to reveal the content of the original bid. However, the original bid shall not be physically returned to the Bidder until after the official bid opening. Withdrawn bids may be resubmitted up to the time designated for the receipt of the bids if they are then fully in conformance with the Instructions to Bidders. 14. BIDDER RESPONSIVENESS AND RESPONSIBILITY 14.1 In accordance with accepted standards of competitive sealed bid awards as set forth in the State's Procurement Code, competitive sealed bids/awards will be made to responsive and responsible Bidders whose bids are determined in writing to be the most advantageous to NJPA and its current or future NJPA Members. To qualify for evaluation, a bid must responsive which means it shall have been submitted on time and materially satisfy all mandatory requirements identified in this document. A bid must reasonably and substantially conform to all the terms and conditions in the solicitation to be considered responsive. Deviations or exceptions stipulated in Bidder's response, while possibly necessary in the view of the Bidder, may result in disqualification. Language to the effect that the Bidder does not consider this solicitation to be part of a contractual obligation will result in that bid being disqualified by NJPA. 14.2 Any Contractor wishing to submit a bid in response to this IFB must also comply with the following minimum responsibility requirements to ensure they are qualified to perform the requirements of the contract: 14.2.1 Experience: Bidder has been in business for a minimum of five (5) years prior to the bid due date performing similar work to that anticipated to be performed under the contract he is bidding. April 2016 Section Two— Instructions to Bidders 17 Page 132 of 660 NATIONAL JOINT POWERS ALLIANCE® Book 1 — Project Information, Instructions to Bidders and Execution Documents 15. CERTIFICATION By signing this bid, the Bidder certifies: 15.1 The submission of the offer did not involve collusion or any other anti-competitive practices; 15.2 The Bidder/Contractor shall not discriminate against any employee or applicant for employment in violation of Federal and State Laws (see Federal Executive Order 11246); 15.3 The Bidder has not given, offered to give, nor intends to give at any time hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor or service to a public servant in connection with the submitted offer (see Gratuities); and 15.4 The Bidder agrees to promote and offer to Members only those products and/or services as previously stated, allowed and deemed a resultant of the Agreement(s) as NJPA Contract items or services. This clause shall include any future product or service additions as allowed through contract additions. 16. PROTESTS 16.1 Protests shall be filed with the NJPA's Executive Director and shall be resolved in accordance with appropriate state statutes of Minnesota. Protests will only be accepted from Bidders. A protest must be in writing and filed with NJPA. A protest of an award or proposed award must be filed within ten (10) calendar days after the public notice or announcement of the award. No protest shall lie for a claim that the selected Bidder is not a responsible Bidder. A protest must include: 1. The name, address and telephone number of the protester; 2. The original signature of the protester or its representative (you must document the authority of the Representative); 3. Identification of the Solicitation by solicitation number; 4. Identification of the statute or procedure that is alleged to have been violated; 5. A precise statement of the relevant facts; 6. Identification of the issues to be resolved; 7. The aggrieved party's argument and supporting documentation; 8. The aggrieved party's statement of potential financial damages; 9. A protest bond in the name of NJPA and in the amount of 10% of the aggrieved party's statement of potential financial damages. 17. PUBLIC RECORD All bids submitted to this invitation shall become the property of the NJPA and will become a matter of public record, available for review subsequent to the award notification. Bids may be viewed by appointment at the NJPA offices Monday through Friday from 8:30 a.m. to 3:30 p.m. CT. 18. PREVAILING WAGE RATES AND PARTICIPATION REQUIREMENTS 18.1 This clause is applicable to States in which prevailing wage rates are established by law. The Contractor shall pay prevailing wages to all workers in accordance with the applicable laws. The wage rates used for the CTC were the prevailing wage rates, if any; in effect at the time these IFB Documents were issued. In the performance of the Work, however, Contractor shall be fully responsible for paying the generally prevailing hourly rate of wages in effect, as determined by the State Department of 18 Section Two— Instructions to Bidders April 2016 Page 133 of 660 NATIONAL JOINT POWERS ALLIANCE® Book 1 — Project Information, Instructions to Bidders and Execution Documents Labor, at the time the Work is performed. If the State Department of Labor revises the prevailing rate of hourly wages to be paid for the Work prior to completion of the Project, the revised rate shall apply to this Agreement from the effective date of such revision, however such revision shall not entitle Contractor to any increased compensation under the terms of the Agreement. 18.2 If other wage rates are required by law, the Contractor shall pay such wages to all workers in accordance with the applicable laws. If the Work Order is performed in whole or in part using federal funding, then the Davis Bacon Wages for that area will apply. 18.3 Contractors shall meet any goals or requirements established by the NJPA Member ordering the Work, and/or satisfy the intent of said goals or requirements,with regard to Small, Local, Minority, Women, Veteran or Disadvantaged Business Enterprises. Additional participation goals may be incorporated into the Request for Proposal or Detailed Scope of Work. 19. MARKETING REQUIREMENT Bidder must express a willingness and ability to take ownership and promote the services to be provided. Your sales force must agree to work in cooperation with NJPA to develop a marketing strategy and provide avenues to equally market and drive sales through the Agreement and program to all NJPA Members and Potential NJPA Members. Bidder agrees to actively market in cooperation with NJPA all available services to current NJPA Members, as well as Potential NJPA Members. If you are awarded a contract based on this solicitation your sales force will be a primary driver of everyone's success. Your sales force needs to be aware that: • The use of NJPA Contract will save their customer (NJPA's Member) the time and effort of bringing a new individual Invitations for Bid (IFB); • The use of the NJPA Contract will save your sales force the time and effort of responding to individual Invitations for Bid (IFB); • The use of the NJPA Contract will guaranty that NJPA Members have the ability to choose you. An award of Contract resulting from this IFB is an opportunity for the awarded contactor to pursue commerce with, and deliver value to NJPA and NJPA Members. An award of Contract is not an opportunity to see how much business NJPA can drive to an awarded Contractor's door. As such the Bidder will demonstrate in the Management Plan specific marketing strategies, personnel and the qualifications of those personnel to market IQCC and the frequency and duration of marketing efforts. NJPA reserves the right to deem a Bidder non-responsive or to waive an award based on a Bidder's unwillingness to participate in such a marketing effort or by submitting an unsatisfactory marketing strategy as part of the overall management plan. Further marketing requirements will be found in Book Two Section 9 of this IFB. 20. MEMBER SIGN-UP PROCEDURE Bidder agrees to cooperate and participate in the NJPA Membership process as part of connecting NJPA Members to NJPA contracts. The process to sign up new NJPA Members to purchase under this Agreement will be defined during the award phase. April 2016 Section Two— Instructions to Bidders 19 Page 134 of 660 NATIONAL JOINT POWERS ALLIANCE® Book 1 — Project Information, Instructions to Bidders and Execution Documents 21. FEES 21.1 The Contractor shall include the NJPA Administrative Fee in calculating the Contractor's Adjustment Factors. 21.2 The NJPA Administrative Fee will be calculated at the rate of 7.5% of the total Work Order Price charged to the NJPA Member. 21.3 The Contractor shall be assessed a one percent (1%) per month late fee for any Administrative Fees not paid by the due date. 21.4 NJPA designates The Gordian Group, Inc., (Gordian) through its subsidiary ezIQC, LLC, as their contract administrator. The NJPA Administrative Fee payments shall be made payable to ezIQC, LLC and sent to the following address: EZIQC, LLC Attn:Accounts Receivable 30 Patewood Drive, Suite 350 Greenville, SC 29615 21.5 NJPA or Gordian may request records from the Contractor for all purchases through this Contract and payment of all Administrative Fees. If a discrepancy exists between the purchasing activity and the Administrative Fees paid, NJPA or Gordian will provide written notification to the Contractor of the discrepancy and allow the Contractor ten (10) days from the date of notification to resolve the discrepancy. In the event the Contractor does not resolve the discrepancy to the satisfaction of NJPA or Gordian, NJPA or Gordian reserve the right to engage a third party to conduct an independent audit of the Contractor's records and, in the event Contractor is not in compliance with this Contract, Contractor shall, in addition to any Administrative Fees due, reimburse the appropriate party for the cost and expense related to such audit. 21.6 NJPA and Contractor hereby acknowledge that The Gordian Group, Inc., as the designated contract administrator, is a third-party beneficiary of Section 20, including all subsections therein. In the event any court action is brought to enforce payment of the Administrative Fees set forth above by any party or third-party beneficiary of this Agreement, the prevailing party shall be entitled to an award of reasonable attorneys' fees and collection costs. 22. TAXES The Contractor shall pay all sales, consumer, use and other similar taxes required by Law for which an exemption does not exist. If the Contractor is required to pay sales tax on non-exempt material, equipment, services or other items purchased in connection with a Purchase Order, the Member will reimburse the Contractor for such tax, without mark-up, provided the Contractor submits the appropriate documentation therefor. 23. PHYSICAL PRESENCE The Bidder must have a fully staffed and functioning office within the Geographic Area(s) they are applying for. Contractor to complete Bid Form 14: Existing Full-Service Office Location Affidavit for each Geographic Area that you are bidding. 20 Section Two— Instructions to Bidders April 2016 Page 135 of 660 NATIONAL JOINT POWERS ALLIANCE® Book 1 — Project Information, Instructions to Bidders and Execution Documents SECTION THREE - BID FORMS BID FORM 1: THE ADJUSTMENT FACTORS SOLICITATION NO: CONTRACTOR NAME: GEOGRAPHIC AREA: The Contractor shall perform the Tasks and pay all Administrative Fees required by each individual Work Order issued pursuant to this Agreement using the following Adjustment Factors: 1. Normal Working Hours: 7:00am to 4:00pm Monday to Friday, except holidays. Contractor shall perform Tasks during Normal Working Hours for the Unit Price set forth in the CTC multiplied by the Adjustment Factor of: 1.A Adjustment Factor Without Administrative Fees: (Specify to four decimal places) 1.13 Adjustment Factor With Administrative Fees (1.A/0.925): (Specify to four decimal places) 2. Other Than Normal Working Hours: 4:00pm to 7:00am Monday to Friday, and any time Saturday, Sunday and Holidays. Contractor shall perform Tasks during Other Than Normal Working Hours for the Unit Price set forth in the CTC multiplied by the Adjustment Factor of: 2.A Adjustment Factor Without Administrative Fees: (Specify to four decimal places) 2.13 Adjustment Factor With Administrative Fees (2.A/ 0.925): (Specify to four decimal places) 3. Non Pre-priced Adjustment Factor: To be applied to Work deemed not to be included in the CTC but within the general scope of the work: 3.A Adjustment Factor Without Administrative Fees: (Specify to four decimal places) 3.B Adjustment Factor With Administrative Fees (3.A/ 0.925): (Specify to four decimal places) April 2016 Section Three— Bid Forms 21 Page 136 of 660 NATIONAL JOINT POWERS ALLIANCE® Book 1 — Project Information, Instructions to Bidders and Execution Documents 4. Combined Adjustment Factor: (From Line 7 Bid Form 2) (See Bid Form 2 for calculation procedure) NOTICE - The attention of Bidders is particularly called to the fact that, unless the Bid is made in strict conformity with the directions given, it may be considered non-responsive and may be rejected. The Bidder must fill in all boxes and blanks. Before submitting this bid, the Bidder is directed to the Construction Task Catalog to review the explanation of the costs included in the Unit Prices and the Adjustment Factors. Except for a Non Pre-priced Task, the only compensation to be paid to a Contractor will be the total of the Unit Prices multiplied by the quantities multiplied by the Adjustment Factor. No additional payments of any kind whatsoever will be made.All costs not included in the Unit Prices must be part of the Adjustment Factors. • The Other Than Normal Working Hours Adjustment Factors must be higher than the Normal Working Hours Adjustment Factors. • The Non Pre-priced Adjustment Factor Without Administrative Fees on Bid Form 1 must be between 1.0500 and 1.2000 NJPA RESERVES THE RIGHT TO REVISE ALL ARITHMETIC ERRORS IN CALCULATIONS FOR CORRECTNESS. 22 Section Three— Bid Forms April 2016 Page 137 of 660 NATIONAL JOINT POWERS ALLIANCE® Book 1 — Project Information, Instructions to Bidders and Execution Documents BID FORM 2: CALCULATION OF THE COMBINED ADJUSTMENT FACTOR SOLICITATION NO: CONTRACTOR NAME: GEOGRAPHICAL AREA: The following formula has been developed for the sole purpose of evaluating bids and awarding the Agreement. Each Bidder must complete the following calculation. Line 1. Normal Working Hours (1.13) Line 2. Multiply Line 1 by .60 Line 3. Other Than Normal Working Hours (2.13) Line 4. Multiply Line 3 by .30 Line 5: Adjustment Factor for Non Pre-priced Tasks (3.13) Line 6: Multiply Line 5 by .10 Line 7: Summation of lines 2, 4 and 6 (Combined Adjustment Factor) Transfer the number on line 7 to the space provided for the Combined Adjustment Factor on Bid Form 1. Instructions To Bidder. Specify lines 1 through 7 to four (4) decimal places. Use conventional rounding methodology (i.e., if the number in the 5th decimal place is 0-4, the number in the 4th decimal remains unchanged, if the number in the 5th decimal place is 5-9, the number in the 4th decimal is rounded upward). Note To Bidder.The weights in lines 2, 4 and 6 above are for the purpose of calculating a Combined Adjustment Factor only. No assurances are made by NJPA that Work will be ordered under the Contract in a distribution consistent with the weighted percentages above. The Combined Adjustment Factor is only used for the purpose of determining the lowest Bidder. When submitting Price Proposals related to specific Work Orders, the Bidder shall utilize one or more of the Adjustment Factors applicable to the Work being performed provided in lines 1, 3 or 5 as applicable, on the Bid Form 2 above. April 2016 Section Three— Bid Forms 23 Page 138 of 660 NATIONAL JOINT POWERS ALLIANCE® Book 1 — Project Information, Instructions to Bidders and Execution Documents BID FORM 3: BID DEPOSIT (insert bid deposit here) 24 Section Three— Bid Forms April 2016 Page 139 of 660 NATIONAL JOINT POWERS ALLIANCE® Book 1 — Project Information, Instructions to Bidders and Execution Documents BID FORM 4: BIDDER ASSURANCE OF COMPLIANCE AFFIDAVIT The undersigned, representing the persons, firms and corporations joining in the submission of the foregoing bid (such persons, firms and corporations hereinafter being referred to as the "Bidder"), being duly sworn on his/her oath, states to the best of his/her belief and knowledge: 1. I am authorized to act on behalf of the Bidder, and 2. To the best of my knowledge, no Bidder or Potential Bidder, nor any person duly representing the same, has directly or indirectly entered into any agreement or arrangement with any other Bidders, Potential Bidders, any official or employee of NJPA, or any person, firm or corporation under contract with NJPA in an effort to influence either the offering or non-offering of certain prices, terms, and conditions relating to this IFB which tends to, or does, lessen or destroy free competition in the letting of the Agreement sought for by this IFB, and 3. Bidder, or any person on Bidder's behalf, has not agreed, connived or colluded to produce a deceptive show of competition in the manner of the bidding or award of the referenced Agreement, and 4. Neither I, Bidder, nor, any officer, director, partner, member or associate of Bidder, nor any of its employees directly involved in obtaining contracts with NJPA or any subdivision of NJPA, has been convicted of false pretenses, attempted false pretenses or conspiracy to commit false pretenses, bribery, attempted bribery or conspiracy to bribe under the laws of any state or federal government for acts or omissions after January 1, 1985, and 5. Bidder has examined and understands all the terms and conditions contained in the IFB and it has no exceptions to such terms and conditions, and 6. If awarded a contract, Bidder will provide the services to qualifying NJPA Members in accordance with the terms and conditions of this IFB, and 7. Bidder has carefully checked the accuracy of all the information and prices provided in this bid, and 8. Bidder understands that NJPA reserves the right to reject any or all bids and that this bid may not be withdrawn during a period of 120 days from the time of the opening date, and 9. Bidder certifies that in performing this Agreement it will comply with all applicable provisions of the federal, State, and local laws, regulations, rules, and orders. 10. If applicable, Bidder confirms receipt and acknowledgement of the following addendums: Addendum Number 1: Addendum Number 2: Addendum Number 3: Signature April 2016 Section Three— Bid Forms 25 Page 140 of 660 NATIONAL JOINT POWERS ALLIANCE® Book 1 — Project Information, Instructions to Bidders and Execution Documents Company Name: Contact Person for Questions: Phone: (Must be individual who is responsible for filling out this Bidder's Response form) Mailing Address: City/State/Zip: Telephone Number: Fax: Number: E-mail Address: Authorized Signature: Print Name: Title: Date: Notarized Subscribed and sworn to before me this day of 20 Notary Public in and for the County of State of My commission expires: Signature: 26 Section Three— Bid Forms April 2016 Page 141 of 660 NATIONAL JOINT POWERS ALLIANCE® Book 1 — Project Information, Instructions to Bidders and Execution Documents BID FORM 5: MANAGEMENT PLAN (insert management plan here) April 2016 Section Three— Bid Forms 27 Page 142 of 660 NATIONAL JOINT POWERS ALLIANCE® Book 1 — Project Information, Instructions to Bidders and Execution Documents BID FORM 6: CERTIFICATE OF GOOD STANDING PROVIDE A CERTIFICATE OF GOOD STANDING FOR YOUR BUSINESS FROM THE STATE IN WHICH YOU ARE ORGANIZED. (insert certificate of good standing here) 28 Section Three— Bid Forms April 2016 Page 143 of 660 NATIONAL JOINT POWERS ALLIANCE® Book 1 — Project Information, Instructions to Bidders and Execution Documents BID FORM 7: CERTIFICATE OF SECRETARY Provide a certificate of Secretary for your business identifying an authorized signer for the Agreement. (insert certificate of secretary here) April 2016 Section Three— Bid Forms 29 Page 144 of 660 NATIONAL JOINT POWERS ALLIANCE® Book 1 — Project Information, Instructions to Bidders and Execution Documents BID FORM 8: BONDING COMPANY STATEMENT Provide a letter from your bonding company setting forth your company's available bonding capacity and availability and confirming that, if required, your company could provide labor and material payment bonds and performance bonds for certain projects up to the bonding capacity. (insert bonding company statement here) 30 Section Three— Bid Forms April 2016 Page 145 of 660 NATIONAL JOINT POWERS ALLIANCE® Book 1 — Project Information, Instructions to Bidders and Execution Documents BID FORM 9: FINANCIAL STATEMENT (insert financial statement here) April 2016 Section Three— Bid Forms 31 Page 146 of 660 NATIONAL JOINT POWERS ALLIANCE® Book 1 — Project Information, Instructions to Bidders and Execution Documents BID FORM 10: INDEFINITE QUANITY CONSTRUCTION AGGREEMENT IMMEDIATELY FOLLOWS 32 Section Three— Bid Forms April 2016 Page 147 of 660 NATIONAL JOINT POWERS ALLIANCE® Book 1 — Project Information, Instructions to Bidders and Execution Documents PA National joint P' ers Alliance* INDEFINITE QUANTITY CONSTRUCTION AGREEMENT IFB NUMBER: GEOGRAPHIC AREA This Agreement dated by and between the National Joint Powers Alliance, hereinafter referred to as NJPA and at the following address hereinafter referred to as the CONTRACTOR. WITNESSETH: NJPA and CONTRACTOR for the consideration hereafter agree as follows: ARTICLE 1. CONTRACT DOCUMENTS A. Contract Documents: This Agreement; the IFB Documents; (Book 1 - Project Information, Instructions to Bidders and Execution Documents; Book 2 - IQCC Standard Terms and Conditions and General Conditions; Book 3 - Construction Task Catalog (CTC), Book 4 - Technical Specifications) and Addenda thereto, the Bid Deposit, all payment and performance bonds (if any), material and workmanship bonds (if any);wage rate decisions and certified payroll records (if any); Notice of Award; all modifications issued thereto, including Supplemental Work Orders/Change Orders and written interpretations and all Purchase Orders and accompanying documents (Requests for Proposals, Detailed Scopes of Work, Work Order Proposals, etc.) issued hereunder. B. The terms and conditions of a Purchase Order issued by an NJPA Member in connection with any Work Order, including supplemental technical specifications referenced therein, shall govern. C. The Contractor shall, within two (2) business days of receipt of a Purchase Order from an NJPA Member, provide notification to NJPA or their designated representative of each Purchase Order by forwarding a copy of the Purchase Order via email to POP—EZIQC.com or via facsimile to (864) 233-9100. D. The Contractor shall, within two (2) business days of sending an Invoice to an NJPA Member, provide notification to NJPA or their designated representative of each Invoice by forwarding a copy of the Invoice via email to Invoicep_EZIQC.com or via facsimile to (864) 233-9100. ARTICLE 2. SCOPE OF WORK April 2016 Section Three— Bid Forms 33 Page 148 of 660 NATIONAL JOINT POWERS ALLIANCE® Book 1 — Project Information, Instructions to Bidders and Execution Documents A. The Contractor shall provide the services required to develop each Work Order in accordance with the procedures for developing Work Orders set forth in the IQCC Standard Terms and Conditions and the Contract Documents. B. Each Work Order developed in accordance with this Agreement will be issued in connection with a Purchase Order by an individual NJPA Member. The Purchase Order will reference the Work Order and require the Contractor to perform the Detailed Scope of Work within the Work Order Completion Time for the Work Order Price. C. It is anticipated that the Contractor will perform Work primarily in the Geographic Area set forth above. However, the parties may agree that the Contractor can perform Work in a different Geographic Area at its current Adjustment Factors. ARTICLE 3. THE AGREEMENT PRICE A. This Agreement is an indefinite-quantity contract for construction work and services. The Estimated Annual Value of this Agreement is $ This is only an estimate and may increase or decrease at the discretion of NJPA. B. The Contractor shall perform any or all Tasks in the Construction Task Catalog for the unit price appearing therein multiplied by the following Adjustment Factors: C. The Contractor shall perform any or all Tasks in the Construction Task Catalog for the unit price appearing therein multiplied by the following Adjustment FactorsTO BE ENTERED BY NJPA: a. Normal Working Hours: Work performed from 7:00am until 4:00pm Monday to Friday, except holidays. Contractor shall perform Tasks during Normal Working Hours for the Unit Price set forth in the CTC multiplied by the Adjustment Factor of: (Specify to four (4) decimal places) b. Other Than Normal Working Hours: Work performed from 4:00pm to 7:00am Monday to Friday, and any time Saturday, Sunday and Holidays. Contractor shall perform Tasks during Other Than Normal Working Hours for the Unit Price set forth in the CTC multiplied by the Adjustment Factor of: (Specify to four (4) decimal places) C. Non Pre-priced Adjustment Factor:To be applied to Work deemed not to be included in the CTC but within the general scope of the work: 1. (Specify to four (4) decimal places) 34 Section Three— Bid Forms April 2016 Page 149 of 660 NATIONAL JOINT POWERS ALLIANCE® Book 1 — Project Information, Instructions to Bidders and Execution Documents ARTICLE 4. TERM OF THE AGREEMENT A. The base term shall be one year with three one year options. The total term of the Contract shall not exceed three years (unless extended by NJPA per the Terms of this Contract). The Contractor may withdraw from the Agreement on each anniversary of the award, provided that the Contractor gives 60 Days written notice of its intent to withdraw. NJPA may, for any reason, terminate this Agreement at any time. B. All Purchase Orders issued during a term of this Agreement shall be valid and in effect notwithstanding that the Detailed Scope of Work may be performed, payments may be made, and the guarantee period may continue, after such term has expired. All terms and conditions of the Agreement apply to each Purchase Order. ARTICLE 5. SOFTWARE LICENSING A. NJPA selected The Gordian Group's (Gordian) software, data and services (IQCC System) for their IQCC program. The system includes Gordian's proprietary ezIQC, eGordian and Bid Safe IQCC applications (IQCC Applications) and construction cost data (Construction Task Catalog), which shall be used by the Contractor to prepare and submit Price Proposals, subcontractor lists, and other requirements specified by NJPA and NJPA Members. The Contractor's use, in whole or in part, of Gordian's IQCC Applications and Construction Task Catalog and other proprietary materials provided by Gordian for any purpose other than to execute work under this Contract for NJPA and NJPA Members is strictly prohibited unless otherwise stated in writing by Gordian. The Contractor hereby agrees to abide by the terms of the following IQCC System License: ARTICLE 6. IQCC SYSTEM LICENSE A. Gordian hereby grants to the Contractor, and the Contractor hereby accepts from Gordian for the term of this Contract or Gordian's contract with NJPA, whichever is shorter, a non-exclusive right, privilege, and license to Gordian's proprietary IQCC System and related proprietary materials (collectively referred to as "Proprietary Information") to be used for the sole purpose of executing Contractor's responsibilities to NJPA and NJPA Members under this Contract ("Limited Purpose"). The Contractor hereby agrees that Proprietary Information shall include, but is not limited to, Gordian's IQCC Applications and support documentation, Construction Task Catalog, training materials, marketing materials and any other proprietary materials provided to Contractor by Gordian. In the event this Contract expires or terminates as provided herein, or the Gordian's contract with NJPA expires or terminates, this IQCC System License shall terminate and the Contractor shall return all Proprietary Information in its possession to Gordian. B. Contractor acknowledges that Gordian shall retain exclusive ownership of all proprietary rights to the Proprietary Information, including all U.S. and international intellectual property and other rights such as patents, trademarks, copyrights and trade secrets. Contractor shall have no right or interest in any portion of the Proprietary Information except the right to use the Proprietary Information for the Limited Purpose set forth herein. Except in furtherance of the Limited Purpose, Contractor shall not distribute, disclose, copy, reproduce, display, publish, transmit, assign, sublicense, transfer, provide access to, use or sell, directly or indirectly (including in electronic form), any portion of the Proprietary Information. April 2016 Section Three— Bid Forms 35 Page 150 of 660 NATIONAL JOINT POWERS ALLIANCE® Book 1 — Project Information, Instructions to Bidders and Execution Documents C. Contractor acknowledges and agrees to respect the copyrights,trademarks,trade secrets, and other proprietary rights of Gordian in the Proprietary Information during and after the term of this Agreement, and shall at all times maintain complete confidentiality with regard to the Proprietary Information provided to Contractor, subject to federal, state and local laws related to public disclosure. Contractor further acknowledges that a breach of any of the terms of this Agreement by Contractor will result in irreparable harm to Gordian for which monetary damages would be an inadequate remedy, and Gordian shall be entitled to injunctive relief (without the necessity of posting a bond) as well as all other monetary remedies available at law or in equity. In the event that it becomes necessary for either party to this IQCC System License to enforce the provisions of this Agreement or to obtain redress for the breach or violation of any of its provisions, whether by litigation, arbitration or other proceedings, the prevailing party shall be entitled to recover from the other party all costs and expenses associated with such proceedings, including reasonable attorney's fees. D. In the event of a conflict in terms and conditions between this IQCC System License and any other terms and conditions of this Contract or any Work Order, Purchase Order or similar purchasing document(Purchase Order) issued by NJPA or an NJPA Member, this IQCC System License shall take precedence. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. By: National Joint Powers Alliance Authorized Signature Contractor Authorized Signature Print Name Contract Number: (assigned by NJIPA) 36 Section Three— Bid Forms April 2016 Page 151 of 660 NATIONAL JOINT POWERS ALLIANCE® Book 1 — Project Information, Instructions to Bidders and Execution Documents BID FORM 11: AGREEMENT TO WORK OUTSIDE THE GEOGRAPHIC AREA There are times that a Contractor may need to perform work for certain NJPA Members that have facilities in Areas throughout the State or other States. By acknowledging your acceptance below you are saying that you will perform work in any Area in the State or Other State. If a Contractor holds multiple contracts, when performing work outside its Geographic Area it will always use the contract that results in the lowest price for the NJPA Member. If you decline to perform work in all Areas you might not be assigned work to a particular NJPA Member that has Facilities outside your Area and this work may be assigned to a Contractor that accepts this term. Please circle your intention below: Yes We agree to work in all Areas of the State or Other States. No We are NOT interested in working outside of our Area. Signature The Bidder shall acknowledge this bid by signing and completing the spaces provided below: Name of Bidder: City/State/Zip: Telephone No.: If a partnership, names and addresses of partners: Notarized Subscribed and sworn to before me this day of 20 Notary Public in and for the County of State of My commission expires: Signature: April 2016 Section Three— Bid Forms 37 Page 152 of 660 NATIONAL JOINT POWERS ALLIANCE® Book 1 — Project Information, Instructions to Bidders and Execution Documents BID FORM 12: IQC/JOC CONTRACT EXPERIENCE (Fill-out 1 per Contract) Contract Title: Contract Number: Geographic Location: Owner Contact Information Name: Title: Address: Email: Phone No: Contract Amount (Value of Contract): Contract Amount To-Date: $ Contract award date: Contract completion date: Description of Contract Work Performed; Describe project completed (i.e., Plumbing, Electrical, Paving, Site Work and approximate dollar value). Attach an additional sheet if necessary: 38 Section Three— Bid Forms April 2016 Page 153 of 660 NATIONAL JOINT POWERS ALLIANCE® Book 1 — Project Information, Instructions to Bidders and Execution Documents BID FORM 13: IQC/JOC PROJECT EXPERIENCE (Fill-out 1 per Project) Project Title: Project Number: Project Location: Owner Contact Information Name: Title: Address: Email: Phone No: Project Amount: $ Project Start Date: Project Completion Date: List Key Personnel responsible for the project and respective role (on a separate piece of paper) Description of Work Performed; Provide a brief description of the Scope of Work.Attach an additional sheet if necessary: April 2016 Section Three— Bid Forms 39 Page 154 of 660 NATIONAL JOINT POWERS ALLIANCE® Book 1 — Project Information, Instructions to Bidders and Execution Documents BID FORM 14: EXISTING FULL-SERVICE OFFICE LOCATION AFFIDAVIT STATE OF Before me, the undersigned authority, personally appeared who after being duly sworn, deposes and says: As a prospective Bidder, Contractor acknowledges the provisions set forth in the IQCC IFB Documents, Instructions to Bidders Article 21, regarding the requirement for an existing full-service office location within the Geographic Area at the time of Bid. Contractor warrants compliance with such provisions and has established and maintains, at or before the time of Bid, a physical full-service office within the Geographic Area located at the address provided below; and the existing office is fully functioning with an established storefront, office-based staffing capable of providing all the professional services required to be delivered under this Contract, adequate material and equipment, and any and all other necessary operational resources. Office Physical Address: Office Phone Number: Office Fax Number: Contractor is aware that failure to comply with the requirements set forth in the IQCC IFB Documents, Instructions to Bidders Article 23, may cause the Contractor to be considered non-responsive as a Bidder, and may therefore disqualify the Contractor from potential Contract award. Furthermore, if it is found that the Contractor does not maintain a fully staffed and functioning office during the term of this contract NJPA may declare the Contractor in default and initiate termination of the Agreement, according to Article 34 of the Agreement General Conditions. This Affidavit is given in connection with the Contractor's Bid for IQCC contract number (Affiant) STATE OF 40 Section Three— Bid Forms April 2016 Page 155 of 660 NATIONAL JOINT POWERS ALLIANCE® Book 1 — Project Information, Instructions to Bidders and Execution Documents The forgoing instrument was acknowledged before me this day of 120 by who is personally known to me and/or has produced as identification. Signature of Person Taking Acknowledgment NAME OF ACKNOWLEDGER TYPED, PRINTED, OR STAMPED April 2016 Section Three— Bid Forms 41 Page 156 of 660 NATIONAL JOINT POWERS ALLIANCE® Book 1 — Project Information, Instructions to Bidders and Execution Documents SECTION FOUR - EXHIBITS EXHIBIT A: GEOGRAPHIC MAP OF NJPA CONTRACT AREAS vent ';; s wqr County Territory nnim JA rax 4T^`� e 'icpa�fre Highlands Southwest Florida iwm i eo $dai 5 w mi� W b naf s s n j t p k g l A �' aatpo n �.e raasn�H?amn n Glades Southwest Florida �.,, R ��{kso6Mlle Charlotte Southwest Florida ,. eev Nleku6�a„� �npn Lee Southwest Florida rranxin '` 5vn est sten -awgam) ,,, Hendry Southwest Florida Northeast Flonda h6eg(t:r Collier Southwest Florida Citrus West Central Florida s Pasco West Central Florida nt t� t'1k, Polk West Central Florida n East Central Flo Gltla ePam Sumter West Central Florida 1 Hernando West Central Florida P�nel6as Polk x66 6 �n , 8n6Lver Hillsborough West Central Florida West Central Florida 1{i” Pinellas West Central Florida rna t x aee p�� n s'6� 1 s a d 1p1 $�5 Sarasota West Central Florida WowManatee West Central Florida 6 1��W (rr R(t(ti Hardee West Central Florida 1}4S,y4)`\.... PI H11b h V F t DeSoto West Central Florida Southwest Flonda� �irt1�1m R St Lucie Southeast Florida Okeechobee Southeast Florida rsia .ft Martin Southeast Florida Morvroe Palm Beach Southeast Florida Southeast Florid. Broward Southeast Florida Miami-Dade Southeast Florida Monroe Southeast Florida Duval Northeast Florida Hamilton Northeast Florida Madison Northeast Florida Lafayette Northeast Florida Suwannee Northeast Florida Baker Northeast Florida Nassau Northeast Florida Bradford Northeast Florida Clay Northeast Florida Union Northeast Florida Columbia Northeast Florida Gilchrist Northeast Florida Alachua Northeast Florida St Johns Northeast Florida Hagler Northeast Florida Putnam Northeast Florida Marion Northeast Florida Taylor Northeast Florida Dixie Northeast Florida Levy Northeast Florida Lake East Central Florida Seminole East Central Florida Volusia East Central Florida Osceola East Central Florida Brevard East Central Florida Indian River East Central Florida Orange East Central Florida 42 Section Four- Exhibits April 2016 Page 157 of 660 BOOK 2 IQCC STANDARD TERMS AND CONDITIONS AND CONTRACT GENERAL CONDITIONS FL01GC1-051716 FL04GC1-051716 FL01 GC2-051716 FL04GC2-051716 FL01 GC3-051716 FL04GC3-051716 FL01 UG1-051716 FL04GC4-051716 FL01 UG2-051716 FL04GC5-051716 FL02GC1-051716 FL04UG1-051716 FL02GC2-051716 FL04UG2-051716 FL02GC3-051716 FL04UG3-051716 FL02UG1-051716 FL04UG4-051716 FL02UG2-051716 FL05GC1-051716 FL03GC1-051716 FL05GC2-051716 FL03GC2-051716 FL05GC3-051716 FL03GC3-051716 FL05UG1-051716 FL03UG1-051716 FL05UG2-051716 FL03UG2-051716 INDEFINITE QUANTITY CONSTRUCTION CONTRACT PA National Joint PowersAlliance* 202 12th Street NE Staples, MN 56479 Joseph Morgan ezlQC Contract Manager EZIQC@NJPACOOP.org April 2016 Page 158 of 660 This page intentionally left blank Page 159 of 660 NATIONAL JOINT POWERS ALLIANCE® Book 2- IQCC Standard Terms and Conditions and Contract General Conditions BOOK 2 Table of Contents SECTION ONE- IQCC STANDARD TERMS AND CONDITIONS................................................3 1. DEFINITIONS..............................................................................................................3 2. SCOPE OF WORK AND PROCEDURE FOR ORDERING WORK............................5 3. ARCHITECTURAL AND ENGINEERING SERVICES................................................6 4. TERM OF AGREEMENT.............................................................................................6 5. GEOGRAPHIC AREA .................................................................................................6 6. ESTIMATED ANNUAL VALUE ...................................................................................7 7. UPDATING THE ADJUSTMENT FACTORS..............................................................7 8. PROCEDURE FOR ORDERING WORK....................................................................8 10. MARKETING REQUIREMENTS...............................................................................13 11. PUNCH LIST COMPLETION ....................................................................................14 12. PAYMENT AND PERFORMANCE BONDS..............................................................14 13. COMPUTER SOFTWARE.........................................................................................15 14. PREPAYMENT OPTION...........................................................................................15 SECTION TWO-CONTRACT GENERAL CONDITIONS...........................................................17 1. PROJECT MANAGER...............................................................................................17 2. NJPA MEMBER'S RIGHT TO STOP WORK............................................................17 3. NJPA MEMBER'S RIGHT TO COMPLETE WORK..................................................17 4 REVIEW OF FIELD CONDITIONS ...........................................................................17 5. SUPERVISION..........................................................................................................17 6. WORKMANSHIP AND QUALITY..............................................................................18 7. WARRANTY..............................................................................................................18 8. PERMITS, FILING.....................................................................................................18 9. PERSONNEL ............................................................................................................19 10. SHOP DRAWINGS, PRODUCT DATA AND SAMPLES..........................................19 11. CUTTING AND PATCHING ......................................................................................20 12. CLEANING UP ..........................................................................................................20 13. ACCESS TO THE WORK.........................................................................................20 14. ROYALTIES, PATENTS AND COPYRIGHTS..........................................................21 15. INDEMNIFICATION...................................................................................................21 16. SUBCONTRACTORS ...............................................................................................21 17. COORDINATION WITH OTHER CONTRACTORS..................................................22 18. REQUEST FOR EXTENSION OF TIME...................................................................22 19. PARTIAL PAYMENTS...............................................................................................22 20. FINAL PAYMENTS....................................................................................................22 21. PARTIAL OCCUPANCY OR USE.............................................................................23 22. IDENTIFICATION AND SECURITY REQUIREMENTS............................................23 i Section One-Standard Terms &Conditions April 2016 Page 160 of 660 NATIONAL JOINT POWERS ALLIANCE® Book 2— IQCC Standard Terms and Conditions and Contract General Conditions 23. PROTECTION OF PERSONS AND PROPERTY.....................................................23 24. HAZARDOUS MATERIALS.......................................................................................24 25. INSURANCE REQUIREMENTS ...............................................................................25 26. LIQUIDATED DAMAGES..........................................................................................26 27. TESTS AND INSPECTIONS.....................................................................................26 28 GOVERNING LAW....................................................................................................27 29. COMPLIANCE WITH LAWS .....................................................................................27 30. SEVERANCE ............................................................................................................27 31. LICENSE ...................................................................................................................28 32. ASSIGNMENT...........................................................................................................28 33. CLAIMS AND DISPUTES..........................................................................................28 34. TERMINATION BY THE NJPA FOR CAUSE ...........................................................28 35. NONDISCRIMINATION, EQUAL EMPLOYMENT OPPORTUNITY, AND AMERICANS WITH DISABILITIES ACT...................................................................28 36. AUDITS......................................................................................................................29 37. GRATUITIES.............................................................................................................29 ii Section One—Standard Terms &Conditions April 2016 Page 161 of 660 NATIONAL JOINT POWERS ALLIANCE® Book 2— IQCC Standard Terms and Conditions and Contract General Conditions BOOK 2: SECTION ONE - IQCC STANDARD TERMS AND CONDITIONS 1. DEFINITIONS 1.1 Addendum or Addenda: the additional Bidding Document provisions issued in writing by NJPA prior to the receipt of Bids. 1.2 Agreement: the written Agreement between the Contractor and NJPA covering the Work to be performed; and other Contract Documents incorporated in or referenced in the Agreement and made part thereof as if provided therein. 1.3 Adjustment Factors: the Contractor's competitively bid price adjustment to the Unit Prices as published in the Construction Task Catalog, Book 3. Adjustment Factors are expressed as an increase to or decrease from the published prices. 1.4 IFB Documents: The Invitation For Bids; Book 1 - Project Information, Instructions to Bidders, and Execution Documents; Book 2 - IQCC Standard Terms and Conditions and Contract General Conditions; Book 3 -The Construction Task Catalog; and Book 4 - IQCC Technical Specifications. 1.5 Construction Task Catalog: A comprehensive listing of specific construction related Tasks, together with a specific unit of measurement and a Unit Price. (also referred to as the CTC). Construction Task Catalog is a registered trademark of The Gordian Group, Inc. 1.6 Contract Documents: This Agreement; the IFB Documents; (Book 1 - Project Information, Instructions to Bidders and Execution Documents; Book 2 - IQCC Standard Terms and Conditions and General Conditions; Book 3 - Construction Task Catalog (CTC), Book 4 - Technical Specifications) and Addenda thereto, the Bid Deposit, all payment and performance bonds (if any), material and workmanship bonds (if any); wage rate decisions and certified payroll records (if any); Notice of Award; all modifications issued thereto, including Supplemental Work Orders/Change Orders and written interpretations and all Purchase Orders and accompanying documents (Requests for Proposals, Detailed Scopes of Work, Work Order Proposal Packages, etc.) issued hereunder. 1.7 Contractor: The individual, firm, partnership, corporation, joint venture, or other legal entity or combination thereof with whom NJPA has contracted and who is responsible for the acceptable performance of the Agreement and for the payment of all legal debts pertaining to the Work. All references in the Contract Documents to third parties under contract or control of Contractor shall be deemed to be a reference to Contractor. 1.8 Days: Calendar days, unless otherwise stated. 1.9 Detailed Scope of Work: A document prepared following a Joint Scope Meeting which describes in detail the Work the Contractor will perform for a particular Work Order. 1.10 Holidays: the specific days designated by NJPA or NJPA members as legal Holidays. NJPA designates the following days as Holidays: New Year's Day, Martin Luther King Jr.'s Birthday, Memorial Day, Independence Day, Labor Day, Veteran's Day, Thanksgiving Day and the following day, and Christmas Day. 1.11 Joint Scope Meeting: a meeting, normally at the Site, to discuss the Work with the Contractor to assist in the development of the Detailed Scope of Work. 3 Section One—Standard Terms &Conditions April 2016 Page 162 of 660 NATIONAL JOINT POWERS ALLIANCE® Book 2— IQCC Standard Terms and Conditions and Contract General Conditions 1.12 Non Pre-priced Task (NPP): a task not included in the Construction Task Catalog but within the general scope and intent of this the Agreement. 1.13 Normal Working Hours: the hours of 7:00 a.m. to 4:00 p.m. Monday to Friday, except Holidays. 1.14 Other Than Normal Working Hours: 4:00 p.m. to 7:00 a.m. Monday to Friday and any time Saturday, Sunday, and Holidays. 1.15 Price Proposal: The price proposal prepared by the Contractor using the Construction Task Catalog, Adjustment Factors and appropriate quantities. 1.16 Price Proposal Package: The Contractor's Price Proposal; incidental drawings, sketches, or specification information; quantity take-offs supporting all material quantities;, catalog cuts providing information on materials or products, as specifically requested; list of known Subcontractors, construction schedule, back-up for any Non Pre-Priced Tasks,warranty information on special equipment or materials and or other such documentation as the NJPA Member may require in order to evaluate the Price Proposal. 1.17 Project: collectively, the Work to be accomplished by the Contractor in satisfaction of a requirement or group of related requirements pursuant to one or more Work Orders. 1.18 Purchase Order. The document establishing the engagement by NJPA or the NJPA Member to the Contractor to complete a specifically identified Work Order Proposal Package at a specific Work Order Price and in a specific Work Order Completion Time. A Purchase Order will reference the IQCC to which it relates and will identify the schedule on which the Work Order Price will be paid to the Contractor. 1.19 Request for Proposal: The NJPA Member's written request for the Contractor to prepare and submit a Work Order Proposal Package for a specific Work Order. 1.20 Site: The area upon or in which the Contractor performs the Work and such other areas adjacent thereto as may be designated by NJPA or the NJPA Member. 1.21 State: The state of Florida. 1.22 Subcontractor: Any person, firm or corporation, other than employees of the Contractor, who or which contracts with the Contractor or his Subcontractors to furnish, or actually furnishes labor, or labor and materials, or labor and equipment, at the Site. The term "Subcontractor" is referred to throughout the Contract Documents as if singular in number and means a Subcontractor or an authorized representative of the Subcontractor. 1.23 Supplemental Work Order or Supplemental Purchase Order: A Work Order or Purchase Order issued to add or delete Work from an existing, related Work Order. 1.24 Technical Specifications: The comprehensive listing of the NJPA Members standards for quality of workmanship and materials, and the standard for the required quality of the Work. 1.25 Unit Price: The price published in the Construction Task Catalog for a Task. The Unit Prices are fixed for the Term of the Agreement. Each Unit Price is comprised of the Labor, Equipment, and Material costs to accomplish that specific Task. 1.26 Work: The labor, material, equipment and services necessary or convenient to the completion of Work Orders. 4 Section One—Standard Terms &Conditions April 2016 Page 163 of 660 NATIONAL JOINT POWERS ALLIANCE® Book 2— IQCC Standard Terms and Conditions and Contract General Conditions 1.27 Work Order: The written obligation document establishing an engagement by NJPA or NJPA Member to the Contractor to complete a specifically identified Work Order Proposal Package at the Work Order Price and within the Work Order Completion Time. A Work Order will normally be in the form of a Purchase Order issued by an NJPA Member. 1.28 Work Order Completion Time: The period of time set forth in the Work Order within which the Contractor must complete the Detailed Scope of Work. 1.29 Work Order Price: The lump sum price to be paid to the Contractor for completing the Detailed Scope of Work within the Work Order Completion Time. 1.30 Work Order Proposal Package: The final agreed upon Price Proposal, drawings, sketches, list of Subcontractors, final schedule, and, when appropriate, permits, or other such documentation as the NJPA Member may require for a specific Work Order. 2. SCOPE OF WORK AND PROCEDURE FOR ORDERING WORK 2.1 Scope of Work 2.1.1 This is an indefinite quantity contract for the supplies or services specified, and effective for the period stated in the IFB Documents. 2.1.2 Job or performance shall be made only as authorized by Work Orders issued in accordance with these IQCC Standard Terms and Conditions. 2.1.3 The Scope of Work of this Agreement shall be determined by individual Work Orders issued hereunder. The Contractor shall provide all pricing, management, incidental drawings, shop drawings, samples, documents,Work, materials, supplies, parts (to include system components), transportation, plant, supervision, labor, and equipment needed to complete each Work Order. The Contractor shall also be responsible for Site safety as well as Site preparation and cleanup during and after construction. All costs associated with the above scope of work and the preparation of proposals shall be the responsibility of the Contractor. 2.1.4 The Work shall be conducted by the Contractor in strict accordance with the Agreement and all applicable laws, regulations, codes, or directives including Federal, State, County and City. 2.1.5 The Contractor shall maintain accurate and complete records, files and libraries of documents to demonstrate compliance with Federal, State, and local regulations, codes, applicable laws listed herein, and manufacturers' instructions and recommendations which are necessary and related to the Work to be performed. 2.1.6 The Contractor shall prepare and submit required reports, maintain current record drawings, and submit required information. The Contractor shall provide: materials lists to include trade names and brand names, and model materials lists to include trade names, brand names, model number, and ratings (if appropriate) for all materials necessary to complete the Work Order. 2.1.7 In addition to the Tasks in the CTC, Book 3, NJPA may, from time to time, require Non Pre-priced Tasks. These Non Pre-priced Tasks will be incorporated into individual Work Orders. 2.1.8 All Work shall comply with any applicable standards, including those specified 5 Section One—Standard Terms &Conditions April 2016 Page 164 of 660 NATIONAL JOINT POWERS ALLIANCE® Book 2— IQCC Standard Terms and Conditions and Contract General Conditions in the following documents. If the Work Order specifies a standard which is different or more stringent, the standard used in the Work Order shall control: 2.1.8.1 City Building Codes 2.1.8.2 The specific Work Order supplemental specifications 2.1.8.3 Work Order Contract Technical Specifications — Book 4 2.1.8.3.1 The Technical Specifications, Book 4, are numbered and organized in the Construction Specification Institute's (CSI) master format. All specifications are filed in divisions per CSI guidelines. 2.1.8.3.2 The intent of these specifications is to furnish concise industry and commercial standards for construction, maintenance or repair of NJPA Member facilities. 2.1.8.3.3 Reference in the Technical Specifications or the CTC to a specific manufacturer, trade name, or catalog is intended to be descriptive but not restrictive and only to indicate to the prospective Bidder items that will be satisfactory. 3. ARCHITECTURAL AND ENGINEERING SERVICES 3.1 Under this Agreement it is expected that the level of A/E services and design, if any, will be incidental to the Agreement and therefore any cost associated with this is to be included in the Contractor's Adjustment Factors. If the level of A/E services for a Work Order requires that the Contractor provide stamped drawings and plans, the Contractor will be reimbursed according to the appropriate Task in the CTC. The Contractor will be required, as on any construction project, to provide shop drawings, as-built drawings, project layout drawings and sketches as required. 3.2 The preparation of incidental drawings/plans, specifications, safety plans, shop drawings, product data and samples, as-builts and all other documentation required herein by the Contractor as required by individual Work Orders is part of the Scope of Work of this Agreement and the cost there of shall be included in the Contractor's Adjustment Factors. 4. TERM OF AGREEMENT 4.1 This Agreement is for term shown on the IFB. The Contractor may withdraw from the Agreement on each anniversary of the award, provided that the Contractor provides 60 Days written notice of its intent to withdraw. NJPA may, for any reason, terminate this Agreement at any time. 4.2 A Work Order may be issued by an NJPA Member at any time during the term of this Agreement even though the Work and the payments made for such Work occur after the term ends. All the provisions of this Agreement are incorporated into each Work Order issued hereunder. 5. GEOGRAPHIC AREA Contractor will primarily work in the Geographic Area designated. However, if both parties agree, the Contractor may work in another Geographic Area at the Adjustment Factors bid or as adjusted according to Article 7 below— Bid Form 11 MUST indicate that the Contractor agrees to work outside their Area. If a Contractor holds multiple contracts, when performing 6 Section One—Standard Terms &Conditions April 2016 Page 165 of 660 NATIONAL JOINT POWERS ALLIANCE® Book 2— IQCC Standard Terms and Conditions and Contract General Conditions work outside its Geographic Area it will always use the contract that results in the lowest price for the NJPA Member. 6. ESTIMATED ANNUAL VALUE The Estimated Annual Value of the Agreement is as specified in the IFB. The Contractor is not guaranteed to receive any Work Orders under this Agreement. The Estimated Annual Value is not a limit on the total value of Work Orders that could be issued to the Contractor in any one year. 7. OPTION TO BILATERALLY EXTEND CONTRACT 7.1 Each contract has an initial term of one (1) year and bilateral option provisions for two (2) additional terms. The estimated annual value varies by contract. The total term of the contract cannot exceed three (3) years. One additional one-year renewal- extension may be offered by NJPA to Vendor beyond the original four year term if NJPA deems such action to be in the best interests of NJPA and its Members. 7.2 The Construction Task Catalog issued with this Solicitation will be in effect for the entire duration of this contract. 7.3 Economic Price Adjustment: The Adjustment Factors may be updated on each anniversary of the award date to account for changes in construction costs, provided, the Contractor requests in writing, approximately fourteen to thirty days prior to the anniversary of the award date, that the Adjustment Factors be updated. Such request shall be delivered to the Owner and to Gordian. In the event the Contractor fails to deliver the request timely, then the Owner shall determine the date on which the Adjustment Factors will be updated, but in no event will such date be later than thirty days after the written request to update the Adjustment Factors is received by the Owner. Thereafter, the Contractor's Adjustment Factors will be adjusted according to the following: 7.3.1 The Contractor's Normal Working Hours and Other than Normal Working Hours Adjustment Factors will be adjusted according to the following: 7.3.1.1 A Base Year Index shall be calculated by averaging the 12 month Construction Cost Indices (CCI) for the average of the twenty cities published in the Engineering News Record (ENR) for the 12 months immediately prior to the month of the bid due date (e.g. April bid date, Base Year Index is April of the prior year to March of the bid date year). 7.3.1.2 A Current Year Index shall be calculated by averaging the 12 month Construction Cost Indices (CCI) for the average of the twenty cities published in the Engineering News Record (ENR) for the 12 months beginning with the month of anniversary of the bid due date (e.g. April bid date, Current Year Index is April of the prior year to March of the current year). 7.3.1.3 The Economic Price Adjustment shall be calculated by dividing the Current Year Index by the Base Year Index. 7 Section One—Standard Terms &Conditions April 2016 Page 166 of 660 NATIONAL JOINT POWERS ALLIANCE® Book 2— IQCC Standard Terms and Conditions and Contract General Conditions 7.3.1.4 The Contractor's original Adjustment Factors shall be multiplied by the Economic Price Adjustment to obtain the Contractor's new Adjustment Factors effective for the next 12 months. 7.3.1.5 Averages shall be obtained by summing the 12 month indices and dividing by 12. 7.3.1.6 All calculations in this article shall be carried to the fifth decimal place and rounded to the fourth decimal place. The following rules shall be used for rounding: 7.3.1.7 The fourth decimal place shall be rounded up when the fifth decimal place is five (5) or greater. 7.3.1.8 The fourth decimal place shall remain unchanged when the fifth decimal place is less than five (5). 7.3.2 ENR occasionally revises indices. ENR CCIs used in the calculations described above shall be those currently published at the time the Economic Price Adjustment calculation is performed. No retroactive adjustments will be made as a result of an ENR revision. Revised CCI indices, if any, shall be used in subsequent calculations. 7.5 Under all circumstances, should the Contractor submit a Job Order Proposal with inaccurate Adjustment Factors, the act of submission by the Contractor is a waiver of all rights to any further compensation above the Job Order Price submitted in the Job Order Proposal. 7.6 The Contractor cannot delay submission of the Job Order Proposal past the due date to take advantage of a scheduled update of the Adjustment Factors. In that event, the Contractor shall use the Adjustment Factors that would have been in effect without the delay. 7.7 The Adjustment Factor for Non Pre-priced Tasks will remain constant for the duration of the Contract. 8. PROCEDURE FOR ORDERING WORK 8.1 Initiation of a Work Order 8.1.1 As the need exists, NJPA (or their designated representative) will, on behalf of an NJ PA Member, notify the Contractor of a project and schedule a Joint Scope Meeting. 8.1.2 The Contractor shall attend the Joint Scope Meeting to discuss, at a minimum: a. the general scope of the Work, b. alternatives for performing the Work and value engineering, c. access to the Site and protocol for admission, d. hours of operation, e. staging area, f. requirements for professional services, sketches, drawings, and specifications, g. construction schedule, h. requirement for bonding 8 Section One—Standard Terms &Conditions April 2016 Page 167 of 660 NATIONAL JOINT POWERS ALLIANCE® Book 2— IQCC Standard Terms and Conditions and Contract General Conditions i. the presence of hazardous materials, and j. date on which the Price Proposal Package is due. 8.1.3 Upon completion of the joint scoping process, NJPA (or their designated representative), working with the NJPA Member and the Contractor, will prepare a Detailed Scope of Work referencing any sketches, drawings, photographs, and specifications required to document accurately the work to be accomplished. NJPA (or their designated representative) will issue a Request for Proposal that will require the Contractor to prepare a Price Proposal. The Detailed Scope of Work, unless modified by both the Contractor and NJPA (or their designated representative), will be the basis on which the Contractor will develop its Price Proposal and NJPA (or their designated representative) and the NJPA Member will evaluate the same. The Contractor does not have the right to refuse to perform any Task or any work in connection with a particular project. 8.2 Preparation of the Price Proposal: The Contractor will prepare Price Proposals in accordance with the following: 8.2.1 Pre-priced Tasks: A Pre-priced Task is a Task described and for which a Unit Price is set forth in the Construction Task Catalog. For Pre-priced Tasks the Contractor shall identify the Task from the Construction Task Catalog and the quantities required. 8.2.2 Non Pre-priced Tasks: A Non Pre-priced Task is a Task which is not in the Construction Task Catalog. 8.2.2.1 If the Contractor will perform the Non Pre-priced Task with its own forces, it shall submit three independent quotes for all materials to be installed and shall provide a breakdown of the labor and equipment costs. 8.2.2.2 If the Non Pre-priced Task is to be subcontracted, the Contractor must submit three independent bids from Subcontractors. The Contractor shall not submit a quote or bid from any supplier or Subcontractor that the Contractor is not prepared to use. NJPA may require additional quotes and bids if the suppliers or Subcontractors are not acceptable or if the prices are not deemed reasonable by NJPA or its designated representative. 8.2.2.3 Pricing Non Pre-priced Tasks: The final price submitted for Non Pre-priced Tasks shall be according to the following formula. Each Non Pre-priced Task must be supported with the necessary back-up documents including the calculation below: For Work Performed with the Contractor's Own Forces: A. The hourly rate for each trade classification not in the Construction Task Catalog multiplied by the quantity; B. The rate for each piece of Equipment not in the Construction Task Catalog multiplied by the quantity; C. Lowest of three independent quotes for all materials Total Cost for self-perform work = (A+B+C) x NPP Adjustment Factor For Work Performed by Sub-contractors: If the Work is to be 9 Section One—Standard Terms &Conditions April 2016 Page 168 of 660 NATIONAL JOINT POWERS ALLIANCE® Book 2— IQCC Standard Terms and Conditions and Contract General Conditions subcontracted, the Contractor must submit three independent quotes from Subcontractors for the Work. If three quotes or bids can not be obtained, the Contractor will provide the reason in writing for NJPA Member's approval why three quotes cannot be submitted. D = Lowest of three Subcontractor quotes Total Cost of Subcontracted Non Pre-priced Task = D x NPP Adjustment Factor 8.2.2.4 At the discretion of the NJPA (or their designated representative), Non Pre-priced Tasks, as well as other Tasks, may be added to the CTC during the course of the Agreement. Unit prices will be established based on actual quotes from material suppliers and installers and fixed as a permanent Pre-priced Task in the CTC. 8.2.2.5 NJPA (or their designated representative) determination as to whether an item is a Pre-priced Task or a Non Pre-priced Task shall be final, binding and conclusive as to the Contractor. 8.2.2.6 The means and methods of construction shall be such as the Contractor may choose; subject however, to NJPA's right to reject means and methods proposed by the Contractor that: 8.2.2.6.1 Will constitute or create a hazard to the Work, or to persons or property; or 8.2.2.6.2 Will not produce finished Work in accordance with the terms of the Contract; or 8.2.2.6.3 Unnecessarily increases the price of the Work Order when alternative means and methods are available. 8.2.3 The value of the Price Proposal shall be calculated by summing the total of the calculations for each Pre-priced Tasks (Unit Price x quantity x Adjustment Factor) plus the value of all Non Pre-priced Tasks. 8.2.4 The Contractor shall submit a complete Price Proposal Package, which includes: a. any incidental drawings or sketches, calculations and or specification information, b. quantity take-off summary supporting all material quantities contained in the Price Proposal c. catalog cuts providing information on materials or products, as specifically requested, d. back-up for any Non Pre-priced Tasks, e. identification of known Subcontractors and material suppliers, f. a construction schedule, g. for special equipment or materials , warranty information, 8.2.5 By submitting a Price Proposal to NJPA, the Contractor agrees to accomplish the Detailed Scope of Work in accordance with the Request for Proposal at the price submitted. It is the Contractor's responsibility to include the necessary tasks and quantities in the Price Proposal and apply the appropriate Adjustment Factor(s) prior to delivering it to NJPA. 10 Section One—Standard Terms &Conditions April 2016 Page 169 of 660 NATIONAL JOINT POWERS ALLIANCE® Book 2— IQCC Standard Terms and Conditions and Contract General Conditions 8.3 Time for Submittal of the Price Proposal Package 8.3.1 The Contractor's Price Proposal Package shall be submitted by the date indicated on the Request for Proposal.All incomplete Price Proposal Packages shall be rejected. The time allowed for preparation of the Contractor's Price Proposal Package will depend on the complexity and urgency of the Work Order but should average between seven and fourteen days. On complex Work Orders, such as Work Orders requiring incidental engineering/architectural drawings and approvals and permits, allowance will be made to provide adequate time for preparation and submittal of the necessary documents. 8.3.2 In emergency situations and for Work Orders requiring immediate completion, the Proposal may be required quickly and the due date will be so indicated on the Request for Proposal or, the Contractor may begin work immediately, with the paperwork to follow. 8.3.3 If the Contractor fails to meet the deadline for submittal of the Price Proposal Package, this may be reason to suspend issuance of this particluar Work Order. 8.3.4 If the Contractor requires clarifications or additional information regarding the Detailed Scope of work in order to prepare the Proposal Package, the request must be submitted so that the submittal of the Proposal Package is not delayed. 8.4 Review of the Price Proposal Package 8.4.1 NJPA (or their designated representative) and/or the NJPA Member (or their designated representative) will evaluate the Contractor's Price Proposal by evaluating the nature and number of Tasks proposed against the agreed upon Detail Scope of Work and will determine the reasonableness of approach. Furthermore NJPA (or their designated representative) or the NJPA Member (or their designated representative) may compare the Contractor's Price Proposal to the NJPA Member cost estimate for the Detailed Scope of Work. NJPA (or their designated representative) or the NJPA Member(or their designated representative) reserves the right to reject a Contractor's Price Proposal based on unjustifiable/unsupported (with take off details) quantities and/or Work items, performance periods, inadequate documentation, or other inconsistencies on the Contractor's part. 8.4.2 If NJPA (or their designated representative) and/or the NJPA Member (or their designated representative) finds any part of the Contractor's Price Proposal unacceptable, NJPA(or their designated representative) or the NJPA Member (or their designated representative) may request the Contractor to re-submit its Price Proposal or cancel the Work Order. The Contractor is expected to submit correct Price Proposals the first time. However NJPA recognizes that some adjustments might have to be made to the Price Proposal after review by NJPA (or their designated representative) and the NJPA Member (or their designated representative). Therefore, NJPA (or their designated representative) will allow the Contractor to submit the first Price Proposal and a second Price Proposal for each Work Order. 8.4.3 Additionally, NJPA (or their designated representative) and/or the NJPA Member(or their designated representative)will evaluate all other components 11 Section One—Standard Terms &Conditions April 2016 Page 170 of 660 NATIONAL JOINT POWERS ALLIANCE® Book 2— IQCC Standard Terms and Conditions and Contract General Conditions of the Contractor's Price Proposal Package and may request revisions thereto. 8.4.4 Requested revisions to any and all of the Price Proposal Package components should be made by the Contractor and resubmitted in three (3) working days or less. If after the second review by NJPA (or their designated representative) and/or the NJPA Member (or their designated representative), NJPA (or their designated representative) and/or the NJPA Member (or their designated representative) finds requested revisons to the Price Proposal Package that were not made, this may be reason to suspend that particular Work Order. 8.4.5 Failure by the Contractor to submit Price Proposal Packages, and revisions thereto, in a timely manner(within time frames described above) is grounds for suspension of all future Work Orders. 8.4.6 NJPA reserves the right to obtain Price Proposals from any or all of the Contractors awarded an IQCC Contract. 8.4.7 If the Contractor continues to submit Price Proposals which are rejected by NJPA (or their designated representative), NJPA may declare the Contractor in default and initiate termination of the Agreement, according to Article 34 of the Agreement General Conditions. 8.5 Delivery of the Work Order Proposal Package 8.5.1 After NJPA(or their designated representative) reaches an agreement with the Contractor on the Price Proposal Package and any requested revison thereto, if applicable, NJPA (or their designated representative) will assemble and deliver a Work Order Proposal Package for the NJPA Member's consideration. 8.5.2 A Work Order Proposal Package will consist of: a. a Work Order signature document listing: the work Order#, a brief description of the work, the Work Order Amount, and whether liquidated damages apply or not, and other information b. the Detailed Scope of Work Approved by the NJPA member, including the Work Order Completion Time c. the Contractor's Price Proposal, d. a list of known subcontractors, e. and other pertinent information (including part of the contractors Price Proposal Package) that may vary by Work Order. 8.5.3 Once the Work Order Package has been submitted to the NJPA Member the Contractor is bound by its content. By submitting a Work Order Proposal Package, the Contractor agrees to accomplish the Detailed Scope of Work in accordance with the Request for Proposal at the lump sum price submitted. It is the Contractor's responsibility to include the necessary Pre-priced Tasks and Non Pre-priced Tasks and quantities in the Work Order Price Proposal prior to delivering it to the NJPA Member. 8.6 Review of the Work Order Proposal Package By the NJPA Member and Issuance of Purchase Order 8.6.1 The NJPA Member will evaluate the entire Work Order Proposal Package. 8.6.2 The NJPA Member may reject a Work Order Proposal Package for any reason 12 Section One—Standard Terms &Conditions April 2016 Page 171 of 660 NATIONAL JOINT POWERS ALLIANCE® Book 2— IQCC Standard Terms and Conditions and Contract General Conditions 8.6.3 The NJPA memeber may request changes to or clarifications of any part of the Work Order Proposal package The Contractor and NJPA (or their designated representative) will work together to make any requested revisons in a timely manner and resubmit a revised Work Order Proposal Package. 8.6.3 Upon approval of the Work Order Proposal Package by NJPA (or their designated representative) and the NJPA Member, the NJPA Member may issue a Notice to Proceed, a signed Purchase Order, Notice of Award, or similar document accepting the Contractor's offer. The document will include: a. Reference to the Detail Scope of Work b. The Work Order Amount c. Start date, Work Order Completion Time (duration) and completion date d. Whether liquidated damages will apply 8.6.4 When the Work Order Package is accepted, the NJPA Member may send to the Contractor a Purchase Order, or a notice of intent to award a Purchase Order (sometimes used if bonding is required) or a similar document. 8.6.5 Once a Contractor has accepted the Purchase Order then the Contractor may not refuse to perform the work. Such actions may be grounds for termination of this Contract or other disciplinary action at the option of NJPA 8.6.5 If performance and payment bonding is required, or if a separate and /or special insurance certificate is required. the Contractor will deliver such requirements to the NJPA member within ten (10) days of notification of the requirement. 9. CHANGES 9.1 The NJPA Member reserves the right to make, in writing, at any time during the Work, changes in the Detailed Scope of Work as are necessary to satisfactorily complete the Project, and to delete in whole or in part, or to add to, the Detailed Scope of Work. Such changes, deletions, or additions will not invalidate the Agreement or the Work Order nor release the surety, if any, and the Contractor agrees to perform the Work as altered. 9.1 All changes, deletions, and additions to the Detailed Scope of Work will be reflected in a Supplemental Work Order priced in accordance with the procedure for developing and approving all Price Proposals. 10. MARKETING REQUIREMENTS 10.1 The Contractor shall be proactive about selling and marketing this contract to public agencies and non-profit organizations. Failure to do so may be grounds for termination of this Contract or other disciplinary action at the option of NJPA. 10.2 NJPA selected its Indefinite Quantity Construction Contracting system based on their research of what provides their Members with the best value and most cost effective results. The Contractor shall avoid all conflicts of interest with the promotion of other IQCC systems to any agency eligible to purchase under this Contract. The promotion of other IQCC systems to any agency eligible to purchase under this Contract may be grounds for termination of this Contract. 10.3 The Contractor must adhere to the following when preparing marketing materials and web sites, and in the use of trademarks and service marks: 10.3.1 The Contractor shall include the NJPA logo and website address on all 13 Section One—Standard Terms &Conditions April 2016 Page 172 of 660 NATIONAL JOINT POWERS ALLIANCE® Book 2— IQCC Standard Terms and Conditions and Contract General Conditions marketing materials and web sites that mention this Contract or have anything to do with this Contract. 10.3.2 The Contractor shall include the ezIQC logo, website address (www.ezlQC.com), and ezIQC® telephone number (888-993-9472) on all marketing materials and web sites that mention this Contract or have anything to do with this Contract. 10.3.3 The Contractor shall be authorized to use NJ PA's and Gordian's names, logos, trademarks, service marks and NJPA and Gordian provided materials solely for the presentation and promotion of the availability and use of this Contract by NJPA Members and Potential NJPA Members, and agrees that all uses of the trademarks and service marks belonging to NJPA and Gordian shall include the appropriate trademark and service mark symbols (® or TM) at all times 10.3.4 The Contractor shall not collect information from an NJPA Member or Potential NJPA Member on Contractor provided forms or web sites. The Contractor shall advise the Members or Potential NJPA Members to enter all information at the ezIQC®website or the Contractor may input project information on the ezIQC web site on behalf of an NJPA Member or Potential NJPA Member. 10.3.4 Under no circumstance may copy or branding images of NJPA or Gordian be altered in any way without the express written approval of NJPA or Gordian. 10.3.5 All marketing materials shall be coordinated with and approved by NJPA and Gordian. 11. PUNCH LIST COMPLETION 11.1 The Contractor understands and agrees that time is of the essence in closing out the Work of this Contract. Upon Substantial Completion of the Work, the Punch List will be transmitted to the Contractor from the NJPA Member. The Contractor agrees to begin performance of Punch List Work immediately after receipt of the Punch List. 11.2 Failure of the Contractor or its Subcontractors to begin the Punch List Work within three (3) business days after receipt of the Punch List will be construed as failure to prosecute the Work of the Contract. 11.3 Punch List Work will be continuously prosecuted once begun and completed within thirty (30) Days from the receipt of the Punch List. Should the Contractor fail to complete the Punch List within this period of time, the liquidated damages as identified in Article 26 of the Contract General Conditions will apply. 12. PAYMENT AND PERFORMANCE BONDS AND MATERIAL AND WORKMANSHIP BONDS If required by the NJPA Member for a particular Work Order, the Contractor shall deliver a Labor and Material Payment Bond and a Performance Bond in the amount of such Work Order. If required by the NJPA Member for a particular Work Order, the Contractor shall deliver Material and Workmanship Bonds in the amount required by the NJPA Member.The bonds must be in a form, and executed by a surety, acceptable to the NJPA Member. The bonds must be received before the Notice to Proceed will be issued. The Contractor shall be compensated for the cost of the bonds up to 2% of the Work Order Price through the Reimbursable Fee work task in the Construction Task Catalog. The Contractor shall apply a 1.1000 Adjustment Factor to the Reimbursable Fee work task rather than applying the Contractor's competitively bid Adjustment Factor. 14 Section One—Standard Terms &Conditions April 2016 Page 173 of 660 NATIONAL JOINT POWERS ALLIANCE® Book 2— IQCC Standard Terms and Conditions and Contract General Conditions 13. COMPUTER SOFTWARE The Contractor shall maintain at its office for its use a computer with an internet connection. The Contractor will be furnished with a copy of the internet based eGordian®software which will allow the Contractor to generate Proposals.This software program contains an electronic copy of the Construction Task Catalog and allows the Contractor to select items and quantities for use in a particular Proposal. The software generates a Proposal in a preset format acceptable to the NJPA Member. There is no separate charge to the Contractor for the software and the related software training. 14. PREPAYMENT OPTION An NJPA Member may elect to deposit the funds for any Project or Work Order in a special account established by NJPA for the purpose of paying the Contractors for work to be performed. Funds shall be transferred into and out of such account in strict accordance with the rules and procedures established therefor. 15 Section One—Standard Terms &Conditions April 2016 Page 174 of 660 NATIONAL JOINT POWERS ALLIANCE® Book 2— IQCC Standard Terms and Conditions and Contract General Conditions This page intentionally left blank 16 Section One—Standard Terms &Conditions April 2016 Page 175 of 660 NATIONAL JOINT POWERS ALLIANCE® Book 2— IQCC Standard Terms and Conditions and Contract General Conditions SECTION TWO — CONTRACT GENERAL CONDITIONS 1. PROJECT MANAGER Project Manager: the person or firm designated by an NJPA Member and authorized to represent the NJPA Member in connection with a signed Work Order. 2. NJPA MEMBER'S RIGHT TO STOP WORK The NJPA Member may order the Contractor to stop the Work on any Work Order, or any portion thereof, at any time for any reason. 3. NJPA MEMBER'S RIGHT TO COMPLETE WORK If the Contractor has been ordered to stop the Work, the NJPA Member may, without prejudice to other remedies, have the Work completed by any available means. 4 REVIEW OF FIELD CONDITIONS 4.1 Before submitting a Proposal, the Contractor shall carefully study the Detailed Scope of Work, as well as the information furnished by the NJPA Member, shall take field measurements of any existing conditions related to the Work and shall observe any conditions at the Site affecting it. Any errors, inconsistencies or omissions discovered by the Contractor shall be reported promptly to the Project Manager. 4.2 Any design errors or omissions noted by the Contractor during this review shall be reported promptly to the Project Manager, but it is recognized that the Contractor's review is made in the Contractor's capacity as a Contractor and not as a licensed design professional. The Contractor is not required to ascertain that the Detailed Scope of Work is in accordance with applicable laws, statutes, ordinances, building codes, and rules and regulations. However any nonconformity discovered by or made known to the Contractor shall be reported promptly to the Project Manager. 5. SUPERVISION 5.1 The Contractor shall supervise and direct the performance of the Detailed Scope of Work, using the Contractor's best skill and attention. The Contractor shall be solely responsible for and have control over construction means, methods, techniques, sequences and procedures and for coordinating all portions of the Work. If the Detailed Scope of Work gives specific instructions concerning construction means, methods, techniques, sequences or procedures, the Contractor shall evaluate the Site safety thereof and, except as stated below, shall be fully and solely responsible for the jobsite safety of such means, methods, techniques, sequences or procedures. If the Contractor determines that such means, methods, techniques, sequences or procedures may not be safe, the Contractor shall give timely written notice to the Project Manager and shall not proceed with that portion of the Work without further written instructions from the Project Manager. 5.2 The Contractor shall be responsible to the NJPA Member for acts and omissions of the Contractor's employees, Subcontractors and their agents and employees, and other persons or entities performing portions of the work for or on behalf of the Contractor or any of its Subcontractors. 5.3 The Contractor shall be responsible for inspection of portions of Work already performed to determine that such portions are in proper condition to receive subsequent Work. 17 Section Two—Contract General Conditions April 2016 Page 176 of 660 NATIONAL JOINT POWERS ALLIANCE® Book 2— IQCC Standard Terms and Conditions and Contract General Conditions 6. WORKMANSHIP AND QUALITY 6.1 The Contractor may make substitutions only with the consent of the Project Manager. 6.2 The Contractor shall enforce strict discipline and good order among the Contractor's employees and other persons carrying out the Work. The Contractor shall not permit employment of unfit persons or persons not skilled in the portions of the Work assigned to them. 7. WARRANTY 7.1 All Work furnished under this Agreement shall be guaranteed against defective materials and workmanship, improper performance and non-compliance with the Contract Documents for a period of one year after final acceptance of the Work, except as otherwise specified in other parts of the Contract Documents, or within such longer period of time as may be prescribed by law or provided by the manufacturer. 7.2 During the guarantee period, the Contractor shall repair and replace at Contractor's own expense, all Work that may develop defects whether such defects may be inherent in the equipment or materials, in the functioning of the piece of equipment, or in the functioning and operation of pieces of equipment operating together as a functional unit. Any equipment or material which is repaired or replaced shall have the guarantee period extended for a period of one year from the date of the last repair or replacement. 7.3 If the Contractor fails to repair, replace, rebuild or restore such defective or damaged Work promptly after receiving such notice, the NJPA Member shall have the right to have the Work done by others and to deduct the cost thereof from the monies owed to the Contractor. If the amount owed is insufficient to cover such costs, the Contractor shall be liable to pay such deficiency on demand. 7.4 The Project Manager's certificate setting forth the fair and reasonable cost of repairing, replacing, rebuilding or restoring any damaged or defective Work when performed by one other than the Contractor shall be binding and conclusive as the amount thereof upon the Contractor. 7.5 The Contractor shall obtain all manufacturer's warrantees and guarantees of all equipment and materials required by this Agreement in the name of the NJPA Member. 8. PERMITS, FILING 8.1 Contractor shall make the necessary arrangements for and obtain all filings and permits required for the Work, including the preparation of all drawings, sketches, calculations and other documents and information that may be required therefor. If the Contractor is required to pay an application fee for filing a project, a fee to obtain a building permit, or any other permit fee to the City, State or some other governmental or regulatory agency, then the amount of such fee paid by the Contractor for which a receipt is obtained shall be treated as a Reimbursable Task to be paid a mark-up of 10% on the fees paid to a governmental entity to obtain filings and permits. Contractor shall submit written documentation of such fees. The 10% mark-up shall cover all costs over and above the filing and permit fees, including expeditor fees. 8.2 The Contractor shall comply with and give notices required by laws, ordinances, rules, regulations and lawful orders of public authorities applicable to performance of the Work. 18 Section Two—Contract General Conditions April 2016 Page 177 of 660 NATIONAL JOINT POWERS ALLIANCE® Book 2— IQCC Standard Terms and Conditions and Contract General Conditions 8.3 It is not the Contractor's responsibility to ascertain that the Detailed Scope of Work is in accordance with applicable laws, statutes, ordinances, building codes, and rules and regulations. However, if the Contractor observes that any portion of the Detailed Scope of Work is at variance therewith, the Contractor shall promptly notify the Project Manager in writing. 9. PERSONNEL The Contractor shall employ competent personnel for the development of the Project's Detailed Scope of Work, the preperation of the Price Proposal and the execution of the Work. During the performance of the Work, the superintendent assigend to the Project shall represent the Contractor, and communications given to the superintendent shall be as binding as if given to the Contractor. Important communications shall be confirmed in writing. Other communications shall be similarly confirmed on written request in each case. 10. SHOP DRAWINGS, PRODUCT DATA AND SAMPLES 10.1 Shop Drawings, Product Data, Samples and similar submittals are not Contract Documents. The purpose of their submittal is to demonstrate for those portions of the Detailed Scope of Work for which submittals are required by the Contract Documents the way by which the Contractor proposes to conform to the information given and the design concept expressed in the Detailed Scope of Work. Submittals which are not required by the Contract Documents may be returned by the Project Manager without action. 10.2 The Contractor shall review for compliance with the Contract Documents, approve and submit to the Project Manager Shop Drawings, Product Data, Samples and similar submittals required with reasonable promptness and in such sequence as to cause no delay in the Work or in the activities of the NJPA Member or of separate contractors. Submittals which are not marked as reviewed for compliance with the Contract Documents and approved by the Contractor may be returned by the Project Manager without action. 10.3 By approving and submitting Shop Drawings, Product Data, Samples and similar submittals, the Contractor represents that the Contractor has determined and verified materials, field measurements and field construction criteria related thereto, or will do so, and has checked and coordinated the information contained within such submittals with the requirements of the Detailed Scope of Work and of the Contract Documents. 10.4 The Contractor shall perform no portion of the Work for which the Contract Documents require submittal and review of Shop Drawings, Product Data, Samples or similar submittals until the respective submittal has been approved by the Project Manager. 10.5 The Work shall be performed in accordance with approved submittals except that the Contractor shall not be relieved of responsibility for deviations from requirements of the Contract Documents by the Project Manager's approval of Shop Drawings, Product Data, Samples or similar submittals unless the Contractor has specifically informed the Project Manager in writing of such deviation at the time of submittal and (1)the Project Manager has given written approval to the specific deviation as a minor change in the Work, or (2) a Supplemental Work Order or written notice has been issued authorizing the deviation. The Contractor shall not be relieved of responsibility for errors or omissions in Shop Drawings, Product Data, Samples or similar submittals by the Project Manager's approval thereof. 10.6 The Contractor shall direct specific attention, in writing or on resubmitted Shop 19 Section Two—Contract General Conditions April 2016 Page 178 of 660 NATIONAL JOINT POWERS ALLIANCE® Book 2— IQCC Standard Terms and Conditions and Contract General Conditions Drawings, Product Data, Samples or similar submittals, to revisions other than those requested by the Project Manager on previous submittals. In the absence of such written notice the Project Manager's approval of a resubmission shall not apply to such revisions. 10.7 The Contractor shall not be required to provide professional services which constitute the practice of architecture or engineering unless such services are specifically required by the Detailed Scope of Work or unless the Contractor needs to provide such services in order to carry out the Contractor's responsibilities for construction means, methods, techniques, sequences and procedures. The Contractor shall not be required to provide professional services in violation of applicable law. If professional design services or certifications by a design professional related to systems, materials or equipment are specifically required of the Contractor by the Detailed Scope of Work, the NJPA Member will specify all performance and design criteria that such services must satisfy. The Contractor shall cause such services or certifications to be provided by a properly licensed design professional, whose signature and seal shall appear on all drawings, calculations, specifications, certifications, Shop Drawings and other submittals prepared by such professional. Shop Drawings and other submittals related to the Work designed or certified by such professional, if prepared by others, shall bear such professional's written approval when submitted to the Project Manager. The NJPA Member shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by such design professionals, provided the NJPA Member has specified to the Contractor all performance and design criteria that such services must satisfy. The Project Manager will review, approve or take other appropriate action on submittals only for the limited purpose of checking for conformance with information given and the design concept expressed in the Detailed Scope of Work. The Contractor shall not be responsible for the adequacy of the performance or design criteria required by the Detailed Scope of Work. 11. CUTTING AND PATCHING 11.1 The Contractor shall be responsible for cutting, fitting or patching required to complete the Detailed Scope of Work or to make its parts fit together properly. 11.2 The Contractor shall not damage or endanger a portion of the Work or fully or partially completed construction of the NJPA Member or separate contractors by cutting, patching or otherwise altering such construction, or by excavation. The Contractor shall not cut or otherwise alter such construction by the NJPA Member or a separate contractor except with written consent of the NJPA Member and of such separate contractor; such consent shall not be unreasonably withheld. The Contractor shall not unreasonably withhold from the NJPA Member or a separate contractor the Contractor's consent to cutting or otherwise altering the Work. 12. CLEANING UP 12.1 The Contractor shall keep the Site and surrounding areas free from accumulation of waste materials or rubbish caused by operations under the Work Order. At completion of the Work, the Contractor shall remove from and about the Site all waste materials, rubbish, the Contractor's tools, construction equipment, machinery and surplus materials. 12.2 If the Contractor fails to clean up, the NJPA Member may do so and the cost thereof shall be charged to the Contractor. 13. ACCESS TO THE WORK 20 Section Two—Contract General Conditions April 2016 Page 179 of 660 NATIONAL JOINT POWERS ALLIANCE® Book 2— IQCC Standard Terms and Conditions and Contract General Conditions The Contractor shall provide the Project Manager access to the Work at all times. 14. ROYALTIES, PATENTS AND COPYRIGHTS The Contractor shall pay all royalties and license fees. The Contractor shall defend suits or claims for infringement of copyrights and patent rights and shall hold the NJPA Member and Project Manager harmless from loss on account thereof, but shall not be responsible for such defense or loss when a particular design, process or product of a particular manufacturer or manufacturers is required by the Contract Documents or where the copyright violations are contained in Drawings, Specifications or other documents prepared by the NJPA Member or Project Manager. However, if the Contractor has reason to believe that the required design, process or product is an infringement of a copyright or a patent, the Contractor shall be responsible for such loss unless such information is promptly furnished to the Project Manager. 15. INDEMNIFICATION 15.1 To the fullest extent permitted by law and to the extent claims, damages, losses or expenses are not covered by insurance purchased by the Contractor, the Contractor shall indemnify and hold harmless NJPA, the NJPA Member, Project Manager, consultants, and agents and employees of any of them from and against claims, damages, losses and expenses, including but not limited to attorney's fees, arising out of or resulting from performance of the Work, provided that such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself), but only to extent caused by the negligent acts or omissions of the Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity which would otherwise exist as to a party or person described in this Paragraph. 15.2 In claims against any person or entity indemnified under this Paragraph by an employee of the Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, the indemnification obligation shall not be limited by a limitation on amount or type of damages, compensation or benefits payable by or for the Contractor or a Subcontractor under workers' compensation acts, disability benefit acts or other employee benefit acts. 16. SUBCONTRACTORS 16.1 The Contractor, as soon as practicable after award of the Work Order, shall furnish in writing to the Project Manager the names of persons or entities (including those who are to furnish materials or equipment fabricated to a special design) proposed for each portion of the Work.The Project Manager will promptly reply to the Contractor in writing stating whether or not, after due investigation, Contractor has reasonable objection to any such proposed person or entity. Failure of the Project Manager to reply promptly shall constitute notice of no reasonable objection. 16.2 The Contractor shall not contract with a proposed person or entity to whom the NJPA Member or Project Manager has made reasonable and timely objection. The Contractor shall not be required to contract with anyone to whom the Contractor has made reasonable objection. 16.3 If the NJPA Member or Project Manager has reasonable objection to a person or entity 21 Section Two—Contract General Conditions April 2016 Page 180 of 660 NATIONAL JOINT POWERS ALLIANCE® Book 2— IQCC Standard Terms and Conditions and Contract General Conditions proposed by the Contractor, the Contractor shall propose another to whom the NJPA Member or Project Manager has no reasonable objection. 17. COORDINATION WITH OTHER CONTRACTORS 17.1 The NJPA Member reserves the right to perform construction or operations related to the Work Order with the NJPA Member's own forces, and to award separate contracts in connection with other portions of the Project or other construction or operations on the Site. 17.2 The NJPA Member shall provide for coordination of the activities of the NJPA Member's own forces and of each separate contractor with the Work of the Contractor, who shall cooperate with them. The Contractor shall participate with other separate contractors and the NJPA Member in reviewing their construction schedules when directed to do so.The Contractor shall make any revisions to the construction schedule deemed necessary after a joint review and mutual agreement. The construction schedules shall then constitute the schedules to be used by the Contractor, separate contractors and the NJPA Member until subsequently revised. 18. REQUEST FOR EXTENSION OF TIME 18.1 If the Contractor is delayed at any time in the commencement or progress of the Detailed Scope of Work by an act or neglect of the NJPA Member or Project Manager, or of an employee of either, or of a separate contractor employed by the NJPA Member, or by changes ordered in the Work, or by labor disputes, fire, unusual delay in deliveries, unavoidable casualties or other causes beyond the Contractor's control, or by other causes which the Project Manager determines may justify delay, then the Work Order Completion Time shall be extended for such reasonable time as the Project Manager may determine. 18.2 The Contractor agrees to make no claim for damages for the delay in the performance of any Work Order occasioned by any act or omission to act of the NJPA Member, Project Manager or any of their representatives, and agrees that any such claim shall be fully compensated for by an extension of time as provided herein. 19. PARTIAL PAYMENTS 19.1 The Contractor may submit a monthly Application for Payment for Work completed to date.The Contractor shall submit Certified Payroll Records, and such other supporting documentation as may be required by the Project Manager. The Project Manager will inspect the work within a reasonable time and the NJPA Member shall make partial payments to the Contractor based on the approved value of completed Work. 19.2 The NJPA Member may withhold up to 5% of each payment until final completion of the Work Order. 19.3 The Contractor shall promptly pay each Subcontractor, upon receipt of payment from the NJPA Member, out of the amount paid to the Contractor on account of such Subcontractor's portion of the Work, the amount to which said Subcontractor is entitled, reflecting percentages actually retained from payments to the Contractor on account of such Subcontractor's portion of the Work. The Contractor shall, by appropriate agreement with each Subcontractor, require each Subcontractor to make payments to its Sub-Subcontractors in a similar manner. In addition, Contractor's failure to promptly pay its Subcontractors is subject to the provisions of the Minnesota Prompt Pay Act [O.C.G.A 13-11-1, et.seq]. 20. FINAL PAYMENTS 22 Section Two—Contract General Conditions April 2016 Page 181 of 660 NATIONAL JOINT POWERS ALLIANCE® Book 2— IQCC Standard Terms and Conditions and Contract General Conditions 20.1 The Contractor shall notify the Project Manager when the Detailed Scope of Work is complete and ready for final inspection. The Project Manager will promptly make such inspection. If the Project Manager finds the Detailed Scope of Work complete and all final documentation submitted, the Project Manager will notify the Contractor that a final Application for Payment may be submitted. 20.2 The Contractor may then submit a final Application for Payment. The Contractor shall submit Certified Payroll Records (as applicable) and such supporting documentation as may be required by the Project Manager. The NJPA Member shall make final payment to the Contractor. 20.3 Acceptance of final payment by the Contractor, a Subcontractor or material supplier shall constitute a waiver of claims by that payee except those previously made in writing and identified by that payee as unsettled at the time of final Application for Payment. 21. PARTIAL OCCUPANCY OR USE 21.1 The NJPA Member may occupy or use any completed or partially completed portion of the Work at any stage when such portion is designated by separate agreement with the Contractor, provided such occupancy or use is consented to by the insurer and authorized by public authorities having jurisdiction over the Work. Such partial occupancy or use may commence whether or not the portion is substantially complete, provided the NJPA Member and Contractor have accepted in writing the responsibilities assigned to each of them for payments, retainage, if any, security, maintenance, heat, utilities, damage to the Work and insurance, and have agreed in writing concerning the period for correction of the Work and commencement of warranties required by the Contract Documents. When the Contractor considers a portion substantially complete, the Contractor shall prepare and submit a list to the Project Manager. Consent of the Contractor to partial occupancy or use shall not be unreasonably withheld. The stage of the progress of the Work shall be determined by written agreement between the NJPA Member and Contractor. 21.2 Immediately prior to such partial occupancy or use, the NJPA Member, Contractor and Project Manager shall jointly inspect the area to be occupied or portion of the Work to be used in order to determine and record the condition of the Work. 21.3 Unless otherwise agreed upon, partial occupancy or use of a portion or portions of the Work shall not constitute acceptance of Work not complying with the requirements of the Contract Documents. 22. IDENTIFICATION AND SECURITY REQUIREMENTS The Contractor shall comply with all identification and security requirements that the NJPA Member may establish. 23. PROTECTION OF PERSONS AND PROPERTY 23.1 The Contractor shall take reasonable precautions for safety of, and shall provide reasonable protection to prevent damage, injury or loss to: 23.1.1 employees on the Work and other persons who may be affected thereby; 23.1.2 the Work and materials and equipment to be incorporated therein, whether in storage on or off the site, under care, custody or control of the Contractor or the Contractor's Subcontractors or Sub-subcontractors; and 23.1.3 other property at the Site or adjacent thereto, such as trees, shrubs, lawns, 23 Section Two—Contract General Conditions April 2016 Page 182 of 660 NATIONAL JOINT POWERS ALLIANCE® Book 2— IQCC Standard Terms and Conditions and Contract General Conditions walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction. 23.2 The Contractor shall give notices and comply with applicable laws, ordinances, rules, regulations and lawful orders of public authorities bearing on safety of persons or property or their protection from damage, injury or loss. 23.3 The Contractor shall erect and maintain, as required by existing conditions and performance of the Detailed Scope of Work, reasonable safeguards for safety and protection, including posting danger signs and other warnings against hazards, promulgating safety regulations and notifying NJPA Member and users of adjacent sites and utilities. 23.4 When use or storage of explosives or other hazardous materials or equipment or unusual methods are necessary for execution of the Work, the Contractor shall exercise utmost care and carry on such activities under supervision of properly qualified personnel. 23.5 The Contractor shall promptly remedy damage and loss (other than damage or loss insured under property insurance required by the Contract Documents) to property caused in whole or in part by the Contractor, a Subcontractor, a Sub-subcontractor, or anyone directly or indirectly employed by any of them, or by anyone for whose acts they may be liable and for which the Contractor is responsible, except damage or loss attributable to acts or omissions of the NJPA Member or Project Manager or anyone directly or indirectly employed by either of them, or by anyone for whose acts either of them may be liable, and not attributable to the fault or negligence of the Contractor. The foregoing obligations of the Contractor are in addition to the Contractor's other obligations included herein. 23.6 The Contractor shall designate a responsible member of the Contractor's organization at the Site whose duty shall be the prevention of accidents. This person shall be the Contractor' superintendent unless otherwise designated by the Contractor in writing to the Project Manager. 23.7 The Contractor shall not load or permit any part of the construction or Site to be loaded so as to endanger its safety. 24. HAZARDOUS MATERIALS 24.1 If reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons resulting from a material or substance, including but not limited to lead based paint, asbestos or polychlorinated biphenyl (PCB), encountered on the Site by the Contractor, the Contractor shall, upon recognizing the condition, immediately stop the Work in the affected area and report the condition to the Project Manager in writing. 24.2 The NJPA Member shall obtain the services of a licensed laboratory to verify the presence or absence of the material or substance reported by the Contractor and, in the event such material or substance is found to be present, to verify that it has been rendered harmless. Unless otherwise required by the Contract Documents, the NJPA Member shall furnish in writing to the Contractor and Project Manager the names and qualifications of persons or entities who are to perform tests verifying the presence or absence of such material or substance or who are to perform the Task of removal or safe containment of such material or substance. The Contractor and the Project Manager will promptly reply to the NJPA Member in writing stating whether or not 24 Section Two—Contract General Conditions April 2016 Page 183 of 660 NATIONAL JOINT POWERS ALLIANCE® Book 2— IQCC Standard Terms and Conditions and Contract General Conditions either has reasonable objection to the persons or entities proposed by the NJPA Member. If either the Contractor or Project Manager has an objection to a person or entity proposed by the NJPA Member, the NJPA Member shall propose another to whom the Contractor and the Project Manager have no reasonable objection. When the material or substance has been rendered harmless, the Work in the affected area shall resume upon written agreement of the NJPA Member and Contractor. The Work Order Completion Time shall be extended appropriately. 24.3 To the fullest extent permitted by law, the NJPA Member shall indemnify and hold harmless the Contractor, Subcontractors, Project Manager, Project Manager's consultants and agents and employees of any of them from and against claims, damages, losses and expenses, including but not limited to attorneys' fees, arising out of or resulting from performance of the Work in the affected area if in fact the material or substance presents the risk of bodily injury or death as described herein and has not been rendered harmless, provided that such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself) and provided that such damage, loss or expense is not due to the sole negligence of a party seeking indemnity. 24.4 The NJPA Member shall not be responsible for materials and substances brought to the Site by the Contractor unless such materials or substances were required by the Detailed Scope of Work. 24.5 If, without negligence on the part of the Contractor, the Contractor is held liable for the cost of remediation of a hazardous material or substance solely by reason of performing the Work as required by the Contract Documents, the NJPA Member shall indemnify the Contractor for all cost and expense thereby incurred. 25. INSURANCE REQUIREMENTS 25.1 The Contractor shall procure and maintain, at its own cost and expense, until final acceptance of all the Work covered by this Agreement, the following kinds of insurance: 25.1.1 Workers'Compensation Insurance.A policy complying with the requirements of the laws of the State in which the Project is located. 25.1.2 General Liability and Property Damage Insurance. A standard general comprehensive liability insurance policy or a commercial general liability insurance policy issued to and covering the liability of the Contractor for all Work and operations under this Agreement, including, but not limited to, contractual and completed operations coverage. The coverage under such policy shall not be less than the following limits: Bodily Injury and Property Damage Liability, $ 2,000,000 Each Occurrence, 2,000,000 Aggregate. 25.1.3 Automobile Liability and Property Damage Insurance. A policy covering the use in connection with the Work covered by the Contract Documents of all owned, non-owned and hired vehicles bearing, or, under the circumstances under which they are being used, required by the Motor Vehicle Laws of the State in which the Project is located. The coverage under such policy shall not be less than the following limit: Bodily Injury and Property Damage Liability, $2,000,000 Each Occurrence. 25.1.4 All Risk Builders Risk Insurance. Where specifically required in the Detailed Scope of Work,the Contractor shall provide, before the Work Order is issued, 25 Section Two—Contract General Conditions April 2016 Page 184 of 660 NATIONAL JOINT POWERS ALLIANCE® Book 2— IQCC Standard Terms and Conditions and Contract General Conditions Builders' Risk Insurance in an amount at least equal to the Work Order Price in a form and by a carrier acceptable to the NJPA Member. 25.1.5 Pollution Liability Insurance. If a Project involves asbestos abatement encapsulation or other activities involving hazardous materials, the Contractor, Subcontractor or other party responsible for such Work shall procure and maintain a liability insurance policy issued to and covering the liability, of the Contractor, Subcontractor or other party engaged in the removal, or handling of hazardous materials, for bodily injury, illness, sickness or property damage caused by exposure in an amount not less than $2,000,000 per occurrence and $2,000,000 aggregate. 25.2 The Contractor shall provide certificates of insurance. Such certificates shall be on a form prescribed by NJPA, shall list the various coverages and shall contain, in addition to any provisions hereinbefore required, a provision that the policy shall not be changed or cancelled and that it will be automatically renewed upon expiration and continued in force until final acceptance by NJPA, or NJPA Member, of all the work covered by the Agreement, unless NJPA is given fifteen (15) days' written notice to the contrary. Upon request, the Contractor shall furnish NJPA or any NJPA Member with a certified copy of each policy. 25.3 All insurance required to be procured and maintained as aforesaid must be procured from insurance companies approved by NJPA. 25.4 If at any time any of the above-required insurance policies should be cancelled, terminated or modified so that insurance is not in effect as above required, then, if NJPA shall so direct, the Contractor shall suspend performance of the work. If the said work is so suspended, no extension of time shall be due on account thereof. If said work is not suspended, then NJPA may, at its option, obtain insurance affording coverage equal to that above required, the cost of such insurance to be payable by the Contractor. 25.5 Should the awarded Contractor retain a Subcontractor to perform any of the services mentioned herein, it is the Contractor's responsibility to insure that the Subcontractor(s) maintains the same types of insurance coverage in accordance with the requirements and amounts indicated herein. 25.6 NJPA, its officers, and employees must be included as a named insured. Any NJPA Member, its officials, officers, and employees must be included as a named insured when so requested by the NJPA Member. 26. LIQUIDATED DAMAGES 26.1 If provided for in the Request for Proposal, NJPA may assess liquidated damages for each day after the Work Order Completion Time that the Detailed Scope of Work is not complete. It is understood and agreed by and between Contractor, NJPA and the NJPA Member, that time is of the essence in all matters relating to Liquidated Damages. 26.2 The liquidated damages shall be determined on a Work Order by Work Order basis. 27. TESTS AND INSPECTIONS 27.1 Tests, inspections and approvals of portions of the Work required by the Contract Documents or by laws, ordinances, rules, regulations or orders of public authorities having jurisdiction shall be made at an appropriate time. Unless otherwise provided, the Contractor shall make arrangements for such tests, inspections and approvals with 26 Section Two—Contract General Conditions April 2016 Page 185 of 660 NATIONAL JOINT POWERS ALLIANCE® Book 2— IQCC Standard Terms and Conditions and Contract General Conditions an independent testing laboratory or entity acceptable to the NJPA Member, or with the appropriate public authority. The Contractor shall give the Project Manager timely notice of when and where tests and inspections are to be made so that the Project Manager may be present for such procedures. 27.2 If the Project Manager, NJPA Member or public authorities having jurisdiction determine that portions of the Work require, through no fault of the Contractor, additional testing, inspection or approval, the Project Manager will instruct the Contractor to make arrangements for such additional testing, inspection or approval by an entity acceptable to the NJPA Member, and the Contractor shall give timely notice to the Project Manager of when and where tests and inspections are to be made so that the Project Manager may be present for such procedures. Such costs shall be at the NJPA Member's expense. 27.3 If such procedures for testing, inspection or approval reveal failure of the portions of the Work to comply with requirements established by the Contract Documents, all costs made necessary by such failure including those of repeated procedures and compensation for the Project Manager's services and expenses shall be at the Contractor's expense. 27.4 Required certificates of testing, inspection or approval shall, unless otherwise required by the Contract Documents, be secured by the Contractor and promptly delivered to the Project Manager. 27.5 If the Project Manager is to observe tests, inspections or approvals required by the Contract Documents, the Project Manager will do so promptly and, where practicable, at the normal place of testing. 27.6 Tests or inspections conducted pursuant to the Contract Documents shall be made promptly to avoid unreasonable delay in the Work. 28 GOVERNING LAW 28.1 The Agreement shall be governed by the law of the place where the Project is located. 28.2 NJPA's liability shall be governed by the provisions of the Minnesota Tort Claims Act, Minnesota Statutes, Section 3.736, and other applicable law. 28.3 All claims and controversies between NJPA and Contractor shall be subject to the laws of the State of Minnesota and are to be resolved in Todd County Minnesota. 29. COMPLIANCE WITH LAWS In connection with the performance of this Agreement, the Contractor shall comply with all applicable laws, rules and regulations. The parties hereto agree that every provision of law required to be inserted herein be deemed a part hereof. It is further agreed that if any such provision is not inserted or is incorrectly inserted, through mistake or otherwise, this Agreement shall be deemed amended so as to comply strictly with the law. 30. SEVERANCE If the Contract Documents contains any unlawful provision not an essential part of the Contract Documents and which shall not appear to have been a controlling or material inducement to the making thereof, the same shall be deemed of no effect and shall, upon notice by either party, be deemed stricken without affecting the binding force of the remainder. 27 Section Two—Contract General Conditions April 2016 Page 186 of 660 NATIONAL JOINT POWERS ALLIANCE® Book 2— IQCC Standard Terms and Conditions and Contract General Conditions 31. LICENSE Contractor shall obtain all licenses required from all public agencies with jurisdiction over the Work and shall keep these documents properly posted at the Site at all times during the performance of the Work. 32. ASSIGNMENT No right or interest in this Agreement shall be assigned or transferred by the Contractor without prior written consent of NJPA. No delegation of any duty of the Contractor shall be made without prior written consent of NJPA. 33. CLAIMS AND DISPUTES All claims or disputes between the NJPA Member and Contractor shall be resolved by NJPA Member's representative. 34. TERMINATION BY THE NJPA FOR CAUSE 34.1 NJPA may terminate the Contract if the Contractor: 34.1.1 persistently or repeatedly refuses or fails to supply enough properly skilled workers or proper materials; 34.1.2 fails to make payment to Subcontractors for materials or labor in accordance with the respective agreements between the Contractor and the Subcontractors; 34.1.3 persistently disregards laws, ordinances, or rules, regulations or orders of a public authority having jurisdiction; or 34.1.4 otherwise is guilty of substantial breach of a provision of the Contract Documents. 34.2 If an unpaid balance of one or more Work Orders exceeds the costs of finishing the Work, such excess shall be paid to the Contractor. If such costs and damages exceed the unpaid balance, the Contractor shall pay the difference to NJPA. 34.3 The NJPA Member may not terminate this Contract between the NJPA and the Contractor. 35. NONDISCRIMINATION, EQUAL EMPLOYMENT OPPORTUNITY, AND AMERICANS WITH DISABILITIES ACT 35.1 The Contractor shall not unlawfully discriminate against any employee or applicant for employment because of race, religion, age, color, sex or National origin, sexual orientation, marital status, political affiliation, or physical or mental disability if qualified. The Contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during their employment without regard to their race, religion, color, sex or National origin, sexual orientation, marital status, political affiliation, or physical or mental disability. Such actions shall include, but not be limited to the following: employment, upgrading, demotion, or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation; and selection of 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. 35.2 The Contractor shall comply with Title I of the Americans with Disabilities Act regarding nondiscrimination on the basis of disability in employment and further shall not 28 Section Two—Contract General Conditions April 2016 Page 187 of 660 NATIONAL JOINT POWERS ALLIANCE® Book 2— IQCC Standard Terms and Conditions and Contract General Conditions discriminate against any employee or applicant for employment because of race, age, religion, color, gender, sexual orientation, national origin, marital status, political affiliation, or physical or mental disability. In addition, the Contractor shall take affirmative steps to ensure nondiscrimination in employment against disabled persons. Such actions shall include, but not be limited to, the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, termination, rates of pay, other forms of compensation, terms and conditions of employment, training (including apprenticeship), and accessibility. 36. AUDITS NJPA may, at any time after reasonable notice, audit Contractor's records to establish total compliance and to verify the prices charged are in accordance with the Agreement. Contractor agrees to provide verifiable documentation and tracking in a timely manner. 37. GRATUITIES NJPA may cancel this Agreement if it is found that gratuities, in the form of entertainment, gifts or otherwise, were offered or given by the Contractor or any agent or representative of the Contractor, to any employee of NJPA, are deemed to be excessive with a view toward securing a contract or with respect to the performance of this contact. However, paying the expenses of normal business meals or travel to meetings as described and allowed by law, which are generally made available to all eligible school and government employees, shall not be prohibited by this paragraph. Samples of software, equipment, or hardware provided to NJPA for demonstration, evaluation or loan purposes are not considered gratuities. 29 Section Two—Contract General Conditions April 2016 Page 188 of 660 NATIONAL JOINT POWERS ALLIANCE® Book 2— IQCC Standard Terms and Conditions and Contract General Conditions This page intentionally left blank 30 Section Two—Contract General Conditions April 2016 Page 189 of 660 6.E. CONSENTAGENDA 4/2/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 4/2/2019 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R19-041 -Authorize the City Manager to apply for an LSTA(Library Services and Technology Grant), sign all documents associated with the grant, accept the grant, and sign the grant agreement in the amount of$83,991, subject to the approval of the City Attorney. EXPLANATION OF REQUEST. The library is applying for federal grant funding, an LSTA grant, through the Florida State Library Division of Library & Information Services to upgrade security and inventory technology to Radio Frequency Identification (RFI D). Funding will allow the library to purchase new RFID security gate systems, an improved inventory system and three library patron RFI D self-check terminals for use in the new library. The grant will also pay for 170,000 RFID security tags and the lease of two RFID conversion stations for a six month period that staff will need to manage the re-tagging of library collections. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Customer service will improve by creating a proactive customer service model instead of the current passive model. This will be done by freeing up staff to proactively seek out library patrons throughout the library to assist them instead of staff passively waiting behind the customer service desk to provide patron assistance. Patrons will be trained and empowered to use the self-check out systems that will allow them to borrow library materials, pay fines using cash or credit, place holds all at the same time instead of relying on staff to complete these basic library functions. FISCAL IMPACT: Non-budgeted There is no fiscal impact. LSTA grants required a 1/3 cash match, which can be in-kind. The 1/3 cash (in- kind) match is satisfied by having library staff re-tag the entire 140,000 item library collection over a six month period. This is kind match of staff salaries and benefits totals$59,938, more than 1/3 of the required match. ALTERNATIVES: Do not approve and cancel the grant application. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? Yes Page 190 of 660 Grant Amount: 83,991 ATTACHMENTS: Type Description Resolution authorizing the City Manager to apply D Resolution for and sign all documents related to the LTA Grant D Attachment Library LTA Grant Application Page 191 of 660 I RESOLUTION R19- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 PALM BEACH COUNTY, FLORIDA AUTHORIZE THE 5 CITY MANAGER TO APPLY FOR AN LSTA (LIBRARY 6 SERVICES AND TECHNOLOGY GRANT), SIGN ALL 7 DOCUMENTS ASSOCIATED WITH THE GRANT,ACCEPT 8 THE GRANT, AND SIGN THE GRANT AGREEMENT IN 9 THE AMOUNT OF $83,991, SUBJECT TO THE APPROVAL 10 OF THE CITY ATTORNEY; AND PROVIDING AN 11 EFFECTIVE DATE. 12 13 14 WHEREAS, The library is applying for federal grant funding, an LSTA grant, through 15 the Florida State Library Division of Library & Information Services to upgrade security and 16 inventory technology to Radio Frequency Identification (RFID); and 17 WHEREAS,funding will allow the library to purchase new RFID security gate systems, 18 an improved inventory system and three library patron RFID self-check terminals for use in the 19 new library; and 20 WHEREAS,the grant will also pay for 170,000 RFID security tags and the lease of two 21 RFID conversion stations for a six month period that staff will need to manage the re-tagging 22 of library collections; and 23 WHEREAS, The City Commission of the City of Boynton Beach upon 24 recommendation of staff, deems it to be in the best interest of the residents and citizens of the 25 City of Boynton Beach to authorize the City Manager to sign all documents associated with 26 applying for the grant, accept the grant and sign the grant agreement in the amount of$83,991. 27 NOW, THEREFORE BE IT RESOLVED BY THE CITY COMMISSION OF 28 THE CITY OF BOYNTON BEACH OF PALM BEACH COUNTY, FLORIDA, THAT: C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\FBBCOF2C-FA9D-4D8C-A492-BCOC1132DDCO\Boynton Beach.15553.1.Library_Services_Grant Agreement -_2019.docx Page 192 of 660 29 Section 1: The foregoing "whereas" clauses are hereby ratified and confirmed as 30 being true and correct and are hereby made a specific part of this Resolution upon adoption 31 hereof. 32 Section 2. The City Commission of the City of Boynton Beach, Florida hereby 33 authorizes the City Manager to apply for an LSTA (Library Services and Technology 34 Grant), sign all documents associated with the grant, accept the grant, and sign the grant 35 agreement in the amount of$83,991, subject to the approval of the City Attorney. 36 Section 3: This Resolution shall take effect immediately upon adoption. 37 PASSED AND ADOPTED this day of , 2019. 38 39 CITY OF BOYNTON BEACH, FLORIDA 40 41 YES NO 42 43 Mayor— Steven B. Grant 44 45 Vice Mayor—Justin Katz 46 47 Commissioner—Mack McCray 48 49 Commissioner—Christina L. Romelus 50 51 Commissioner—Ty Penserga 52 53 VOTE 54 ATTEST: 55 56 57 58 Judith A. Pyle, CMC 59 City Clerk 60 61 62 (Corporate Seal) 63 64 C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\FBBCOF2C-FA9D-4D8C-A492-BCOC1132DDCO\Boynton Beach.15553.1.Library_Services_Grant Agreement -_2019.docx Page 193 of 660 11age I of 25 Boynton Beach City Library Project Title: Upgrade to RFID Technology Grant Number: 20.1.1s.000.059 Date Submitted: Friday, March 15, 2019 A. Applicant Information Page 1 of 12 Applicant Information a. Organization Name: Boynton Beach City Library 09 b. FEID: 59-6000282 c. Phone number: 561,742.6390 d. Principal Address: 115 North Federal Highway Boynton Beach, 33435 e. Mailing Address: 115 North Federal Highway Boynton Beach, 33435 f. Website: http-//w\vw.boyntonlibrary.org g. Organization Type: Municipal Government h. Organization Category: Library i. County: Palm Beach j, DUNS number: 072247133 1. Applicant Director First Name Craig Last Name Clark Phone 561.742.6390 Email clarkc@bbfl,us 2. Project Manager First Name https://www.dosgrants.com/GrantApplication/PrintPreview?gid=5776 R�bWA(�W of 660 Paoe 2 of 25 Craig Last Name Clark Phone 561.742.6390 Email darkc@bbfl,us 3. Applicant DUNS number 072247133 4. Public Library has implemented an Internet Safety Education Program? OYes No ONot Applicable 5. Rural Economic Development Initiative eligible OYes 0,! No littps://www.dosgraiits.coi-n/GrantApplication/PrintPreview'?gid=5776 FW-MS of 660 Page 3 ol-25 B. Project Information Page 2 of 12 1. Application Priority Priority 1 of 1 2. Targeted User Group(s) Pick at least one but not more than three. (&Help Children (Persons age 11 and under) Young adults and teens (Persons ages 12-18) 1.7 Adults 3. Project Service Area The municipality, county or region the project will serve. QHelp The City of Boynton Beach is the primary project service area. We can anticipate that users will also come from adjacent geographic areas of Palm Beach County due to the fact that the Boynton Beach City Library (BBCQ reciprocates lending privileges with most other public libraries in Palm Beach County as required by the State Aid to Libraries Grant. (Attachment 1, Map of Florida with the location of the City of Boynton Beach shown). 4. Project Summary * A concise, stand alone summary of the project. Include the applicant name, who is to be served by the project and what project activities will occur in the project. kHelp The Boynton Beach City Library will upgrade the security and inventory controls of its library collections (approximately 140,000 items) from Electromagnetic (EM) to Radio-frequency Identification (RIFID), These library items include print books, audiobooks, DVDs, Blu-ray and music CDs. The library will also improve customer service by purchasing three Bibliotheca self-check 1000 kiosks so that library patrons can assist themselves with paying fines and checking out library material, freeing up staff to assist patrons in the stacks. The library will also tag a new opening day collection.. A new library is currently being built along with a new city hall both in one structure. The new building will be a four story, 110,000 square foot complex, The youth library will be a separate space on the first floor of the new building and the adult library will take up the entire second floor space. Both the adult and youth libraries will have unique separate entrances/exits, (see Attachments 2 & 3). The remainder of the building will house City Hall functions including City Clerk, Development, Economic Development, Finance, Procurement, Human Resources, City Manager, City Attorney and Information Technology, littps://www.dosgrants.com/GraiitApplication/PriiitPrevieNv?gld=5776 RgiV2M of 660 Noe 4 of 25 LI There are two steps to this process. The first step is to retag the entire collection with RFID tags. Two conversion machines wile be rented for the retagging project for approximately six months. Library staff will retag, the entire collection in-house. The second step is to have two sets of RFID security gates installed along with two self-check kiosks installed in the adult area (2nd floor) and one self-check kiosk installed in the youth library (15'floor). Library users in Boynton Beach and' surrounding areas will be able to choose their library materials and searniessly check out their items independently and pay fines without any staff intervention. They will be able to pay fines using cash or credit card. https://www.dosgi-ants.com/GrantApplication/PrintPreview?gid-5776 F39tfOAR of 660 Page 5 of 25 C. Introduction Page 3 of 12 Gives an overview of the applicant and establishes who is applying, for funds. The information provided in questions 1-6 should be answered for the applicant listed on the project information section. If the project is being implemented by an outlet, member or specific subset of the organization, the information in questions 1-6 can be provided for the specific subset as a part of the response to question 7. 1. Where is the applicant located geographically? QHelp The Boynton Beach City Library is location in the City of Boynton Beach, 13 miles south of West Palm Beach and 65 miles north of Miami near the Atlantic Ocean in coastal Palm Beach County. With a population of 77,702 (American Community Survey, 2017), Boynton Beach is the County's third largest City in Palm Beach County. (see Attachment 1) 2. How many staff members does the applicant have? * QHelp 26.5 full-time equalivents 3. How many service outlets does the applicant have? * (&Help 1 4. How many registered borrowers does the applicant have, if applicable? QHelp 24, 143 5. What is the governance of the applicant? QHelp 1-ittps://xk�N,w.dosgrants.com/GrantApplication/PrintPreview?gld=5776 F%gd/30B)of 660 Page 6 of 25 The Boynton Beach City Library is a department of the City of Boynton Beach municipal government. The organization is led by a City Manager and governed by a Mayor and four City Commissioners, 6. Provide any additional information about the applicant to set the context for the project. This response is optional. @Help The City Hall/Library construction project is a public/private partnership. The construction of the new library is expected to be completed in spring 2020. City administration has stated there is very little money available, if any, to purchase any additional furniture or equipment that will be needed in the new library. The Boynton Beach City Library truly needs these grant funds to upgrade these technologies and improve customer service listed in this grant application. https://www.dosgrajits,com/Gi-aiitAppIIcatioii/PrintPreview?gid=5776 Rog&129 of 660 Page 7 of 25 D. Need Page 4 of 12 The need section defines the problem to be solved by the project and: who the targeted population to be served by the project. The need makes a case for funding the project. 1. Size of the target population 190,125 2. Who is the target population? ( "Help The target population totals the library's door count from FY2017-2018. Every library user will enter and exit the library through security gates. It is our hope that at least 90% of library users (171,112) will utilize the self-check system to borrow library materials before leaving the library. 3. What are the unmet needs of the target population? Q�b H e I p The target population deserves to experience a higher level of customer service than they are receiving now. By installing three self-check systems will provide the opportunity for 2 FTEs to roam the stacks to better assist library patrons with their needs one on one. Currently, these staff work behind the Customer Service desk. These 2 FTEs will answer important questions to library users and assist patrons in finding needed library materials throughout the library, The Customer Service model will change from passive to proactive. This will provide a better outcome to library users and a better experience. Another unmet need this RFID system will provide is inventory accuracy. Library Administration knows that library materials are stolen. Currently, there is no way to accurately track our loss rate. By installing the new RFID system, library staff can get an accurate inventory at anytime, 4. How are the target population's needs not being met by the library or other community services? (&Help We currently do not have self-check terminals. Staff are forced to remain at the customer services desk to check out library materials. hilps://www.dosgrants,com/GrantApplicatiotVPrintPreview?gld=5776 F.�gg?/29Q)of 660 Page 8 of 25 We owe our tax payers an improved inventory system to ensure their tax money that is invested in the purchasing of library materials is being properly tracked and protected. 5. How does the project relate to the applicant's long range plan or enhance the mission of the organization? QHelp The library's mission states, The Boynton Beach City Library provides our customers with the highest quality informational resources and personal service, The project is 100% related to improving personal service by freeing up staff to provide a more proactive customer service experience. The library's service statement in its Long Range Plan states: Knowledgeable library staff anticipates customer expectations and responds by providing relevant resources and current technology with personal service and convenience. By creating a more proactive approach to providing customer service by purchasing this equipment will provide a better end result for our library users. 6. Additional Factors for Consideration / Continuing Project Status Report. QHelp None https://Nk,ww.dosgrants.coiiilGrantApplicatioi-i/PriiitPreview?gid=5776 Pie/2019of 660 Page 9 of-25 E. Partners Page5 of 12 1. List all project partners and their roles below. Add as any additional partners as needed. Q'Aelp # Partner Name Partner Role 1 N/A N/A https://w-"-v,.dosgraiits.coiii/GrantApplication`/Printl'3review?gid5776 R, 209 of 660 Page 10 of 25 F. Activities P-9. 6 of 12 1. Activities # Activity Name Activity Narrative Activity Outputs 1 Prepare and send out Library Administration will create a PO to 1. Issue PO to purchase purchase order to purchase 170,000 RFID security tags to place 170,000 RFID security tags purchase 170,000 on every unit of library materials in the library's 2. Issue PO to lease two RFID security tags and collection plus additional tags needed for a RFID collection conversion lease two RFID new opening day collection. A PO will also be stations for a six month conversion stations for issued to lease two RFID collection period a six month period conversion stations so that library staff can effective re-tag the entire library collection. . 2 Re-tag the entire library Four library staff will be responsible managing 1. Re-tag 140,000 library collection - 140,000 and re-tagging the entire collection of 140,000 materials with RAID security items items tags and ship the two leased RFID conversion stations back to the vendor 3 Prepare and send out Receive and have installed two sets of RFID 1. Receive and have PO to purchase two security gates, one at the Youth Library installed three Bibliotheca sets of RFID security entrance/exit on the I st floor and a set of Self-check 1000 kiosks, one gates and three security gates on the 2nd floor Adult library in the Youth Library on the Bibliotheca self-check entrance/exit (see Attachments 2 & 3) 1st floor and two in the Adult 1000 kiosks Library on the 2nd floor (See attachments 2 & 3) 2. List all resources needed and identify which activities they will support. Use a comma to separate Activity numbers. # Resource Activity Number(s) 1 City of Boynton Beach Procurement staff time 1,3 2 BBCL staff time 1,2,3 3 Shipping costs and insurance 1,2,3 4 Vendor staff time for installation (included in vendor costs) 1,2,3 https://www.dosgrants.com/GrantApplication/PrintPreview9gid=5776 PmgV2M�of 660 Pa(ye I I of 25 G . Additional Project Information Page 7 of 12 1. Publicity Communications * Describe the plans to promote and publicize the entire project. Indicate who will be responsible for carrying out the publicity activities. How will the target audience be informed about the project? Help Per requirements of the City's Grants Policy, the Library's Marketing & Outreach Manager will send out a press release if the grant is awarded, The press release will include the project information, how the project will benefit the library and credit LSTA and the Division of Library & Information Services as required. Press releases are sent out to about 100 media outlets. 2. Sustainability * Describe plans to continue or sustain the project once funding ends. (&,,,Help The library will budget money annually for the maintenance contracts on the security gates and self-check kiosks. There will also be an annual budget requested to purchase RFID tags, 3. Digital Images @Help Are digital images being created? ()Yes No ONot Applicable Are metadata records being added to the statewide database in the Florida Electronic Library? 0Yes (gNo If not, provide explanation The grant is for the purchase and installation of equipment and its peripherals only. l'ittps://www.dosgrants.coii-i/GraiitApplication/PriiitPreview?gid=5776 Pogiv2Qti of 660 Page 12 of 25 H . Evaluation Page 8 of 12 The evaluation plan describes how the project will be evaluated as it is implemented, It will also provide the measures to determine the project's success. Outcome The outcome measures changes in knowledge, skills, behavior or condition of the customer as a result of the project, The Division requires at least one required outcome for each project. Select at least one of the required outcomes) that will best measure the success of the project. Additional outcomes can be added if desired, but are not required, The required outcomes for the grants are: * The targeted population uses information or services that were not previously available, * The targeted population uses technology to get information. * The targeted population demonstrates an increase in their knowledge, skills or abilities. Indicator Indicators show how well the project is meeting an outcome, An indicator answers the question "how do we know that an outcome is achieved?" It is the statistics or data gathered to prove your results. Provide at least one indicator for the outcome. List additional indicators, if needed, Source For each indicator listed, list the who or what that will provide the data that you will use to evaluate the outcomes of the project Method For each source listed above, list the method by which the data used to determine the indicator will be collected. QHelp 1. Evaluation Narrative Describe who will be responsible for the evaluation and when the evaluation will occur during the project. Describe any questionnaires, surveys, or test instruments to be used. Describe any reports the evaluation will produce, Describe how the evaluation will be used to make changes within the project year. If you wish to include evaluation samples (not required), they can be uploaded in the attachments section of the application. QHelp Library staff will measure and evaluate three different usage numbers. Two measurement will be done on a monthly basis and the third every six months. These measurements will be reported to the Library Advisory Board. Gate Count = the number of library patrons entering the library, % of Library patrons using the self-check terminals -the number of patrons using the self-check terminals https://www.dosgrants.com/GrantApplication/PrintPreview'lgid=5776 Rtg&IIQ$of 660 Pave 13 of 25 will be compared to the number of patrons exiting the library. Inventory - a complete inventory will be completed twice per year to determine the loss rate of library collections. 2. Outcome - Use Of New Information Services f— Not Applicable The targeted population uses information or services that were not previously available. # Indicator Source Method I improved Customer Staff will record each one on one Staff will record the number of Service Experience patron inquiries performed in the stacks patron inquiries in the stacks daily 3. Outcome - Uses Technology F. Not Applicable The targeted population uses technology to get information. # Indicator Source Method I Gate Count = the number of Staff will record daily gate Library Staff will record daily library patrons entering the library. counts daily from the list and 2nd floor security gates 2 % of library patrons using the self- Run monthly self-check Staff will run reports from check terminals divided by the usage reports administrative reporting software number of patrons exiting the that is included with the self-check library units 4. Outcome - Increase KSAs r/— Not Applicable The targeted population demonstrates an increase in their knowledge, skills or abilities. # Indicator Source Method littps://,A,�Nlw.dosgrants.com/GrantApplication/PriiitPreview'?t)id=5776 L-1 1?1@6/20139of 660 Page 14 of 25 5. Additional Outcomes # Outcome Indicator Source Method 1 Inventory Staff will perform two six month inventories Staff will complete Using an RFID Control each year to determine material loss rate inventories Inventory wand https://",-v�/w.dosgrants.com/GrantApplication/PrintPreview?gid=5776 P-4§6/W79of 660 Page 15 of-25 1 . Budget Page 9 of 12 The budget explains and justifies the LSTA and matching; funds required to implement the project. It should be clearly related to project activities. Each section of the budget is comprised of two required parts: the budget narrative and budget detail of the proposed amounts. The narrative provides a detailed explanation and justification of proposed LSTA and matching expenditures. For each amount listed in the detail, the narrative should show how the amounts were calculated, for both grant and matching (if applicable) funds, i.e., include calculations, unit costs, or breakdown of costs. (,&Help If a project requests less than $10,000 ($0-$9,999) in grant funds, no matching funds are required. All other projects must provide local matching funds that equal a minimum of one-third (1/3) of the amount of federal funds requested or awarded. 1. Salaries and Benefits Show combined salaries benefits to be paid to each person employed in the project, or who will be used as match for the project on a separate line. The narrative should indicate what the benefits percentage is for the salaries. Fees and expenses for consultants should be included under the Contractual Services section. For each position listed, provide the full-time equivalency (FTE) based on the local workweek. Salaries and Benefits Detail # Position Title F.T.E. Grant Funds Cash Match, Total 1 Library Director 0.05 $0 $6,777 $6,777 2 Assistant Library Director 0,15 $0 $14,668 $14,668 3 Library Associate 0.50 $0 $32,075 $32,075 4 Library Page 0.50 $0 $6,418 $6,418 Totals: $0 $59,938 $59,938 Salaries and Benefits Narrative Library Director annual salary = $100,405.97 + 35% benefits x 5% = $6,777. Library Director will oversee the entire project from the Procurement process, setting up the RFI D library collection conversion systems at two locations (the temporary library building and the stored collection in a warehouse). Director will also act as the grant manager, completing mid-year and final reports to the State Library. Assistant Library Director (Project Manager) annual salary = $72,433.23 +35% benefits x 15% = $14,668. The Assistant Library Director will oversee the project and its staff on a daily basis to make sure tasks are being performed properly. littps://",w.w.dosgraiits.coi-n/GrantApplication/PrititPl-eview'?gid-5776 PogLV208)of 660 Page 16 of 25 Library Associate (Collection Conversion Lead) annual salary = $47,519.34 +35% benefits x 50% = $32,075. The Library Associate will be working full-time for six months to manage the collection re- tagging and database input necessary to match the RFID tag/library material into the Library's ILS system. Library Page (Collection Runner) annual salary = $12,83,6.10 (no benefits) x 50% = $6,418. This staff member will retrieve collections from the shelves, transfer them to a cart, take them to the Collection Conversion Lead for re-tagging and return the items to the shelf. Total In-Kind staff time salary and benefits = $59,938 2. Contractual Services Include costs for specific services to be performed by an outside organization or individual under contract. Examples include: consultant fees, rentals, advertising, speaker's fees and wiring costs. Briefly describe services to be provided by contract. &Help Contractual Services Detail # Description Grant Funds Cash Match Total 1 N/A $0 $0 $0 Totals: $0 $0 $0 Contractual Services Narrative N/A 3. Library Materials Describe type and numbers of materials to be purchased. ,Help Library Materials Detail # Description Grant Funds, Cash Match Total 1 N/A $0 $0 $0 Totals: $0 $0 $0 Library Materials Narrative N/A Is the library purchasing materials for the library's collection? O"Yes cgNo https://www.dosgrants.com/GrantApplicatiori/PriiitPreview?gid=5776 PbOfB/2E9 of 660 Pay-e 17 of 25 If yes, are bibliographic records being loaded into the statewide database? Oyes (,*) Flo If no, provide an explanation of why the records are not being loaded. These grant funds are to purchase equipment only, no library materials will be purchased, 4. Supplies Describe the supplies needed for the project. Supplies may include computer supplies, toner, paper, postage, etc. @Help Supplies Detail # Description Grant Funds Cash Match Total 1 RFID Tags $18,700 $0 $18,700 Totals: $18,700 $0 $18,700 Supplies Narrative These tags are needed for the RFID conversion project. 5. Travel Indicate amounts to be used for travel associated with the project. Any travel conducted with grant or matching funds Must be done in accordance with Section 112.061, Florida Statutes, In the narrative indicate the traveler's position, destination, purpose, and how the travel relates to achieving project purposes, ,Help Travel Detail * # Description Grant Funds Cash Match Total 1 N/A $0 $0 $0 Totals: $0 $0 $0 Travel Narrative N/A 6. Equipment https://www.dosgi-ants.com/GraiitApplication/Pi-intPreview?gid=5776 Pbg&213 of 660 Page 18 of 25 The costs for equipment and furniture to be purchased and used by the project are covered in this category. Examples include computers, desks, and chairs. Include only items with a useful life of at least one year and an acquisition cost of$1,000 or more. Small items of equipment that do not meet this definition should be shown in the "Other" category, List all equipment to be purchased. Describe the type of equipment and explain how equipment will be used to support the project. ,Help Equipment Detail # Description Grant Funds Cash Match Total I RFID Conversion Stations Lease $3,590 $0 $3,590 2 3 - Bibliotheca 1000 Self Check Kiosks $37,635 $0 $37,635 3 2 sets - RFID Security Gates $18,990 $0 $18,990 Totals: $601,215 $0 $60,215 Equipment Narrative Two RFID conversion stations will be leased for a six month period. Two are needed due to library collections being in two different locations. Two sets of RFID Security Gates will be purchased and installed at two different library exits, 7. Other Include costs for any items that do not fall under the categories above. Some examples include printing and small equipment costing less than $1,000. QHelp Other Detail * # Description Grant Funds Cash Match Total 1 Shipping & Handling RFID Tags & $1,831 $0 $1,831 Conversation Stations 2 Shipping & Handling, Security Gates & $3,245 $0 $3,245 Self Check Kiosks Totals: $5,076 $0 $5,076 Other Narrative Estimated Shipping & Handling littps://wNvw.dosgraiits.com/GrantApplication/PriiitPreview?gid=5776 1`13�ggZli�of 660 Noe 19 of-')5 Total LSTA Request: $83,99° Total Matching Funds: $59,938 https://www.dosgrants.cane/GrantApplication/PrintPi-eview?gird=5776 P-b'qd/2g29of 660 Page 20 of 25 J . Scope of Work and Deliverables Page 10 of 12 1, Scope Of Work * Provide the wording for the Scope of the Work that will be incorporated into the grant agreement. Write the Scope of Work based on the activities proposed in the application. QY ,,,Help Background - Boynton Beach City Library (BBCL) currently uses a ten year old EM security gate system with two sets of security gates. They are no long covered by a maintenance agreement. The library also ceased using an old self-check system that no longer worked well due to outdated components and lack of maintenance availability. These systems are outdated and' do not have any type of library collection inventory control capability. The new City Hall/Library building is scheduled to be completed in the spring of 2020. The library will need to purchase and install a new security system that has a library collection inventory component and three self-check systems. Procurement Part One- BBCL will issue a Purchase Order to purchase 170,000 RFID tags and to lease two RFID Conversion Stations for six months plus shipping and handling. This procurement process will begin in September 2019, (See Attachment 4 - RFID Conversion Quote) Upon delivery of the RFID tags and conversion stations, library staff will begin the process of re-tagging the entire library collection. It will take six months to complete. Procurement Part Two- BBCL will issue a Purchase Order (PO) to purchase two sets of Bibljotheca RFID Premium Security Gates, The PO will also include three Bibliotheca Self Check 1000 Kiosks. (see Attachment 5 - Premium Gate & Self-Check Quote). Upon delivery of the security gates and self-check kiosks, they will all be installed and ready for the library's grand opening in spring 2020. 2. Deliverables Provide the deliverables that will be delivered prior to each payment, based on planned activities and Scope of Work. Then provide the performance metrics, or documentation that will be used to prove each deliverable has been met. The deliverables and performance metrics will be incorporated into the grant agreement. Payment one (25% of award) is an advance payment; it does not require deliverables. @,Help Payment Two Deliverables * BBCL will issue a Purchase Order to purchase RFID tags and to lease two RFID Conversion Stations for six months plus shipping and handling. This procurement process will begin in September 2019. RFID Tags and RFID Conversion Stations are delivered. Packing lists will be uploaded into grants system as proof of deliverable. Payment Three Deliverables httpsa/"r"rw.dosgi-aiits.coi-n/GrantApplicatioii/PrintPreview?gid=5776 Pbg&213 of 660 Page 21 o1'25 Library staff will complete the process of re-tagging the entire library collection. This process will take six months to complete. Entire library collection will be re-tagged with RFID tags. The two conversation stations will be shipped back to vendor. Shipping receipts will be uploaded into grants system as proof of re-tagging project being completed and proof of deliverable. Payment Four Deliverables B8CL will take delivery of the RFID Security gates and three self check kiosks. Packing lists will be uploaded into grants system as proof of deliverable. Payment Five Deliverables * Upon delivery of the RFID Security gates and three self check kiosks will be installed and in working order. Photographs will be uploaded into grants system showing security gates and self-check systems in use as proof of deliverable https://www.dosgraiits.coi-ii/GraiitApplicatioii/PrintPreview?gid=5776 F%4*MI4 of 660 Page 22 of 25 K. Certifications and Attachments Page 11 of 12 1. Debarment or * File Name File Size Uploaded On View (opens in new window) Debarment Certification Form.pdf 252 [KB] 3/15/2019 5:39:14 PM View file 2. Federal Funding Accountability and Transparency Act (FFATA) * File Name File Size Uploaded On View (opens in new window) FFATA Certification Form.pdf 217 [KB] 3/15/2019 5:39:14 PM View file 3. Internet Safety Certification Form. Applies only to public libraries. File Name File Size Uploaded On View (opens in new window) CIPA Compliant Certification Form.pdf 188 [KB] 3/15/2019 53914 PM View file 4. Lobbying Activities Form File Name File Size Uploaded On View (opens in new window) Lobbying Disclosure Form.pdf 251 [KB] 3/15/2019 5:3914 PM View file 5. Support Materials (optional) 1-ittps://www.dosgrants.com/GrantApplicatioiA)rintf3i-eview?gid-5776 M@6/20 of 660 Page 23 of 25 File Title Description Size Type View (opens in new window) Attachment 1 - Map of Florda Attachment 1 - Map of 95 View file Showing Boynton Beach.docx Florida Showing [KB] Boynton Beach Attachment 2 - First Floor Youth Attachment 2 - 1st Floor 795 View file Library Floor Plan.pdf Youth Library Floor Plan [KB] Attachment 3 - Second Floor Attachment 3 - 2nd 756 View file Adult Library Floorplan.pdf Floor Adult Library Floor [KB] Plan Attachment 4 - Boynton Beach Attachment 4 - RFID 76 View file City Library (FL)_RFID Conversion Quote [KB] Conversion Quote.pdf Attachment 5 - Boynton Beach Attachment 5 - RFID 75 View file City Library (FL)_Premium Gates Security Gates & Self- [KB] & Self-check Kiosks,pdf Check Quotes https://www.dosgrants.coiii/GrantApl)Iication� /PrintPreview'?gid=5776 246 of 660 Page 24 of 25 L. Review and Submit Page 12 of 12 1. Review and Submit (7 1 hereby certify that I am authorized to submit this application on behalf of Boynton Beach City Library and that all information indicated is true and accurate, I acknowledge that my electronic signature below shall have the same legal effect as my written signature. I am aware that making a false statement or representation to the Department of State constitutes a third degree felony as provided for in s. 817.155, F.S., punishable as provided for by ss. 775,082, 775.083, and 775.084. Guidelines Certification P I hereby certify that I have read and understand the guidelines and all application requirements for this grant program as outlined under section 257. 12-15, Florida Statutes and 1 B-2.011, Florida Administrative Code. Signature (Enter first and last name) Craig Clark https.//NN,ww.dos-rants.com/GrantApplication/PrintPreview?gid=5776 Z-1 PI(gd/2079of 660 Page 25 of 25 https://www.dosgrants.com/GrantApplicatioii/PriiitPreview?gid=5776 Pj4O2A$ of 660 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION LOVER TIER COVERED TRANSACTIONS This certification is required by the regulations implementing Executive Order 12549, Debannent and Suspension, 45 CFR 1183.35,. Participants' responsibilities. The regulations were published as Part VII of the May 26, 1988 Federal Register(pages 19160-19211). Copies of the regulations may be obtained by contacting the person to which this proposal is submitted, (BEFORE COMPLETING CERTIFICATION,REACH INSTRUCTIONS ON REVERSE) (1) The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. (2) Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. Lori LaVerriere,City Manager __-dame aii-d—itIe cit—Aiiihbriaed Rep'eseritat—w-e _ s 3/14/19 ED Form CCS-0D9,6188 Page 219 of 660 Federal Funding Accountability and Transparency Act (FFATA) Reporting Name of Organization: Cid B °Yr7t9— ach tte�r DUNS lumber: 07224 133 Check one of the following: The organization does not meet the applicability requirements to report the total compensation of the top five subgrantee executives and will not report total compensation for the preceding completed fiscal year. The organization meets the applicability requirements to report the total compensation of top five subgrantee executives for the preceding completed fiscal year. Mame Total Compensation 1. 2. 3. 4. 5. - a Signature (Official who can verify status of information provided) Lori LaVerriere. City Manager Print Name and Title March 14, 2019 Date Florida Department of state Division of Library and information services Page 220 of 660 IWERNE,TSAFFTY CERTIFIC'WH ON 1,(MAITLICANT PUBLIC LIBRARIES PUBLICELE'MENTARY AND SECONDARYSCHOOL LIBRARIES, and CONSORTIA WITH PUBLIC ANI OR PUBLIC SCHOOL LIBRARIES As the (IL11\ authorized representative ofthe applicant 11brary. I hereb\ certitv that the librar A. 1,,\l CIPA Compliant (The uppliewit lihi-ooj,has Cemwlietl wills ilic i-equii-emews cif . 'ectioi? 9134(f)(1) ref(lie Lihiwi-vSei-vicc,� wid OR B. The UIPA YeCjUirements do not apply becILISC no 1-unds made available Under the I,STA pro'gram are being Used to purchase computers to access the Internet. or to pay for direct costs associated yyithaccessim, the Internet. tis Craig Cla9rk FITmi—t1d-N-ii-fiie—c)I-ALI—tliot-ized—Rq.)re-seiit�itive Library Director ['isle ot'Awthorized Representative 3114/19 Date Boynton Beach City Library Name ot'.Applicam Library"Prooram Page 221 of 660 Appro%cd b (Wf; 3:4 S s(,i.f.i,i rl DISCLOSURE OF 1,,OBIIYI'N(,, A(.""I'IVII'IES Uoniplcle'tilts form w disclow lohh%IoL acuiticti pulsodw(tt I l'!S(" 1353 I I'A pe of Uedend Aclion: Z. Stalus ofFedend Action: 3. Report I Mw: Contracl —J "'ua[ 1-111m" 1.) grant t7. nt at i itd chang't.: C. coviper�ili%0 a�"rccmenl c post-,mard d. kmn Vor Material(hange 0ol) c, loan guaranm: I' lawn insuranct: 4. Name and Address,of Reporting,Fnlii.i: 5. tl'Rcporlins Enlit) in No; 4 is Sulmm ardee,Ehler Maw Prillic F-1 Sukmarke and.-Address(if Prime: Tier n Coligressi(Tlal District,It"kJloua 1. 0mi,,ressional District,d k)?,.ri n G. Vedmil Department/`igclics Federal 11ro"j-11111 Name/Description; \tmlheT' 8, Pederal Action Number, 4m)l�ip 9. AIN 411-41 Amount, 1J dIM,1r S W. ti. N:lnte and Address(if I mbb.ving LnION 1). Indis iduak Vvrformim'Scrs ices omludmt addre.'s fl, imm",Jirm won". Al!j dd/" "wltow %" 10a, Sat tri fr -onfftwwwo Sheer'6) S)'-).!'Lf I I Io formation requesi vd th rrntqj h this form is authorized bl iirl,31 k chis disdo�ore of lobbying actkiljc� section 1352, il a 11 ANIAI Print Naltic: representation of fact upon »hi(h reliance iNas placed by the fici abo%v ._.._.._....w.......__.__... - s'llen this frallsoctinn Fat'niAde Orciovi,cd intak. 'this disclosure is required pursuant to 31 k S.C. 1352, 'this informaiioii ,ill be reported it,( togrv- Fille; semi-.oijlunll N and mill he a"ohible for public instw('ritol. Au., pe"'C",i'ba filik 10 file the required disdo,,ure Omll be subject to n ci'il petlnits of not A clephone No.: ..-Datc; less than 319,000 and itui more than 5100,000 for each such failute. Federal RopwdoClwl! Use OnlY Siald:.rd FoTm 711- W , Page 1 of 2 DEP 55-221 (01-01) Page 222 of 660 ,v Or— „E.p r Tallahassrere l,+n! sly_, Jhckoei,Ftl �.,�.. a G u L tF �u rM1 Y � ` �, s C k" 4 t i b }fie r t phi 1 e:A 'c— Ac t SY — , p' C7 ,,.,Y j Page 223 of 660 z 0 k - Sim.q as u ! zv- I " 1 ' a^r�^" � �"•a d+�5 e f y : L ; �i a di, r Page 224 of 660 PM Ji 111,10, 4J t4 es,. c -d " 4 9 n r.. Y —o a r 4 � e f _ ' 1 y� li t 4 1 I ~3 t. -,z kt l ct..,r,t.. xxru Page 225 of 660 ill bibliotheca Customer Official System Quote Quote Date: 03/15/2019 Quote Number: QUO-1 111 45-Z6V2, Rev: I Customer Bill To: Location Information: Boynton Beach City Library-Main Boynton Beach City Library-Main -Boynton Beach City Library 208 S Seacrest Blvd Craig Clark Boynton Beach FL 33435 208 S Seacrest Blvd United States of America Boynton Beach FL 33435 United States of America clarkc@bbfl.us Tek (561) 742-6390 Sales Contact: Robert Cordero Sales Phone: +1-678-336-7984 ext. 113 Quote Details Sales Email: r.cordero4bibliotheco.com RFID Conversion Prices are in US Dollars Quote expires(60) days from Quote Date above. If applicable,the hardware and software includes 12-month warranty,set-up and configuration Item ID Item Type Quantity Sale Price Sub Total TAGOCO0I0-000-US RFID Jag7M square(2,000/Roli) 85 $220.000 $18,700.00 SER901 178-000-US RFID conversion Station Rental 6 months 2 $1,795.000 $3,590,OC) SHPOOOOO I-000-US Shipping and Handling 1 $1'830.570 $1,830_57 Shipping is estimated on one receiving location, unless otherwise noted,and on current rates and proposal, Total $24,124.57 (Less Sales Tax): Additional Details All prices including Service and Maintenance do not include any applicable sales tax.It tax exempt,A copy of Tax Exemption Certificate is required with purchase order for all tax-exempt customers. Terms are NET 30 Days from Date of Invoice.Invoice is generated at the time of Shipment, Quotations are good for 60 days,All dotes are based on ship dates.Order must ship within the 60-day window, After 60 days,quotation expires.Contact Bibliotheca for a New Quotation, A 20%restocking fee,In addition to in-bound and out-bound shipping,will be charged for all returns. GST/HST N'854257321 RTOOOI — — — — — — — — — — — - - - - - — — — — — — — — — — — — - - - - - - - - - -- - - - — — — — — — — — — — Bibliotheca, LLC Phone No-877-207-3127 3169 Holcomb Bridge Road, NW, Suite 200, Fax No- 1-877 689 2269 Norcross, GA 30071, USA www,bibliofheca.com Page I of 2 Page 226 of 660 ill bibliothecd Customer Official System Quote Submit Purchase Order by fax to 877-689-2269 or by email to orders-us@bibtiotheca.com. Accepted By: Accepted Date: Customer Purchase Order Number: — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — -- — — — — — — — — — — — — — Bibliotheca, LLC Phone No-877-207-3127 3169 Holcomb Bridge Road, NW, Suite 200, Fox No - 1-877 689 2269 Norcross, GA 30071, USA www,bibliotheca.com Page 2 of 2 Page 227 of 660 01 bibliotheco Customer Official System Quote Quote Date: 03/14/2019 Quote Number: QUO-101292-NOG7, Rev:0 Customer Bill To: Location Information: Boynton Beach City Library-Main Boynton Beach City Library-Main -Boynton Beach City Library 208 S Seacrest Blvd Craig Clark Boynton Beach FL 33435 208 S Seacresi Blvd United States of America Boynton Beach FL 33435 United States of America clarkc@bbfl.us Tel: (561) 742-6390 Sales Contact: Robert Curdero Sales Phone: +1-678-336-7980 ext, 113 Quote Details Sales Email: r.cordero,abilbiotheca.conn Premium Gates& selfCheck 1000 w/Cash &Coin Prices are in US Dollars Quote expires (60)days from Quote Date above. If applicable,the hardware and software includes 12-month warranty,set-up and configuration Item 11D Item Type Quantity Sale Price Sub Total SCK600003-001-us selfCheck 1000 white with coin&note (US) 3 $12,545.000 $37,635.00 GAT40001 0-00 1-US RFID gate Direct mount, I aisle 2 $9,495.000 $18,990,00 SHF000001-000-US Shipping and Handling 1 $3,245.000 $3,245.00 Shipping is estimated on one receiving location, unless otherwise noted,and on current rates and proposal, Total $59.870.00 (Less Sales Tax): Additional Details All prices including Service and Maintenance do not include any applicable sales tax.If tax exempt,A copy of Tax Exemption Certificate is required with purchase order for all tax-exempt customers. Terms are NET 30 Days from Date of Invoice.Invoice is generated at the time of Shipment. Quotations are good for 60 days.All dates are based on ship dates.Order must ship within the 60-day window. After 60 days,quotation expires.Contact Bibliotheca for a New Quotation. A 207.restocking fee,in addition to in-bound and out-bound shipping,will be charged for all returns. GST/HST N'85925732IRTOOOI — — - - - - - - - - - - - - — — — — — — — — — — — — — — — — — — — — — — — -- - - - - — — — — — — — — — Bibliotheco, LLC Phone No-877-207-3127 3169 Holcomb Bridge Road, NW, Suife 200, Fax No - 1-877 689 2269 Norcross, GA 30071, USA www.bibliotheca.com Page T of 2 Page 228 of 660 ill bibliothecd` Customer Official System Quote Submit Purchase Order by fox to 877-689-2269 or by email to orders-us@bibliotheco.com. Accepted By: Accepted Date: Customer Purchase Order Number: - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - Bibliotheca, LLC Phone No-877-207-3127 3169 Holcomb Bridge Road, NW, Suite 2030, Fox No - 1-877 689 2269 Norcross, GA 30071. USA www.bibliotheco.com Page 2 of 2 Page 229 of 660 6.F. CONSENTAGENDA 4/2/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 4/2/2019 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R19-042- Approve and authorize the City Manager to sign the agreement and letter of authorization with JJ Kane for disposal of vehicles/equipment submitted by the Fleet Division and declare fifty (50) vehicles/equipment as surplus and approve the disposition of these items via auction using various means, such as JJ Kane live auction, JJ Kane on-line auction and GovDeals.com EXPLANATION OF REQUEST. The Fleet Division is submitting fifty (50) items to be disposed at auction utilizing various means. These proceeds will generate revenue for the Fleet Fund. Fleet Division has verified that the vehicles are no longer of use and has completed all proper documentation for disposal. The Fleet Division requests Commission's review, evaluation and approval to sell the surplus vehicles/equipment. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The disposal of obsolete, damaged and surplus vehicles/equipment will remove the need to store the items and allow the Finance Department to remove the items from the City's fixed asset records. FISCAL IMPACT: Budgeted The revenue generated from the sale of surplus vehicles/equipment will be placed in the Fleet Fund and credited to the revenue account#501-0000-365-01-00. The funds are used for the future procurement of vehicles/equipment. ALTERNATIVES: None STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: N/A CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 230 of 660 CONTRACTS VENDOR NAME: Various Vendors START DATE: END DATE: CONTRACT VALUE: MINORITYOWNED CONTRACTOR?: No EXTENSION AVAILABLE?: No EXTENSION EXPLANATION: ATTACHMENTS: Type Description D Resolution Resolution appro\Ang Agreement and Letter of Authorization with JJ Kane Auntioneers D Contract Agenda Attachment- J J Kane- Contract Exp 03-18-20 D Attachment Agenda Attachment- Vechicles- Equipment for Disposal D Letter Agenda Attachment- J J Kane Authorization Letter Page 231 of 660 1 2 RESOLUTION NO. R19- 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, APPROVING AND AUTHORIZING THE 5 CITY MANAGER TO SIGN AN AGREEMENT AND 6 LETTER OF AUTHORIZATION BETWEEN THE CITY 7 OF BOYNTON BEACH AND J.J. KANE ASSOCIATES 8 INC.,D/B/A J.J.KANE AUCTIONEERS FOR DISPOSAL 9 OF VEHICLES AND EQUIPMENT; AND PROVIDING 10 AND EFFECTIVE DATE. 11 12 13 14 WHEREAS,Fleet Maintenance has identified 50 items which are obsolete, damaged, 15 surplus and no longer of use to the City; and 16 WHEREAS, auctioning these items will remove the need to store the items in and 17 around the Public Works compound, taking up valuable space and will remove the items from 18 the City's fixed asset records and will generate revenue for the Fleet Fund; and 19 WHEREAS, the City Commission of the City of Boynton Beach, Florida, upon 20 recommendation of staff, has deemed it to be in the best interests of the citizens and residents 21 of the City of Boynton Beach to enter into an Agreement between the City of Boynton Beach 22 and J.J. Kane Associates, Inc., d/b/a J.J. Kane Auctioneers for the disposal of vehicles and 23 equipment submitted by the Fleet Maintenance Department. 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 27 as being true and correct and are hereby made a specific part of this Resolution upon adoption 28 hereof. 29 Section 2. The City Manager is hereby authorized to sign an Agreement and C:AProgram Files(X86)ANeevia.Com\DocconverterproATemp\NVDC\A2742349-68C9-4C87-BBB5-C92B68AD6B2B\Boynton Beach.15550.1.JJ Kane_Auction_Agreement (2019)_-_Reso.Docx Page 232 of 660 30 Letter of Authorization between the City of Boynton Beach and J.J. Kane Associates, Inc., 31 d/b/a J.J. Kane Auctioneers for the disposal of vehicles and equipment submitted by the Fleet 32 Maintenance Department, a copy of which Agreement is attached hereto as Exhibit"A." 33 Section 3. That this Resolution shall become effective immediately upon 34 passage. 35 PASSED AND ADOPTED this day of , 2019. 36 37 CITY OF BOYNTON BEACH, FLORIDA 38 39 YES NO 40 41 Mayor— Steven B. Grant 42 43 Vice Mayor—Justin Katz 44 45 Commissioner—Mack McCray 46 47 Commissioner—Christina L. Romelus 48 49 Commissioner—Ty Penserga 50 51 52 VOTE 53 54 ATTEST: 55 56 57 58 Judith A. Pyle, CMC 59 City Clerk 60 61 62 63 (Corporate Seal) 64 C:AProgram Files(X86)ANeevia.Com\DocconverterproATemp\NVDC\A2742349-68C9-4C87-BBB5-C92B68AD6B2B\Boynton Beach.15550.1.JJ Kane_Auction_Agreement (2019)_-_Reso.Docx Page 233 of 660 Y Walter Gillis,Account Manager Jupiter, FL 33458 Mobile (772) 418-0188 Fax(772) 382-0782 Contact: Lori Laverriere Company Name: The City of Boynton Beach Express Mail Address(No P.O. Boxes): 222 NE 91 Ave City: Boynton Beach State:FL Zip: 33435 Phone:561-742-6202 Fax: Email: dartyw@bbfl.us This agreement made the 191 day of March 2019,between The City of Boynton Beach(hereinafter called "Seller") and J.J.Kane Associates Inc/trade name J.J. Kane Auctioneers(hereinafter called"Auctioneer", acting as agent for"Seller"). It is agreed as follows: 1) Time Frame a) The Seller hereby engages the Auctioneer to sell at public absolute auction sale,the property identified by the seller excluding chemicals,hazardous and/or environmentally unsafe equipment/material unless mutually written upon between Seller and Auctioneer. i) This agreement shall cover any auction sale the Seller chooses to participate starting on _March 30,2019 and ending on_March 30,2020. ii) This agreement shall cover auction sales conducted in the United States at JJ Kane and other facilities. iii) The Seller shall be responsible for clean-up/disposal of petroleum products/chemical spills coming from Seller property/auction items that are offered for sale during this agreement. The prompt and proper clean-up of any spills,leaks or other releases of petroleum or chemical substances and materials will be preformed following Federal, State and Provincial regulations. Auctioneer on certain occasions where a spill has occurred,notification to certain Federal, State and Provincial agencies may be required. Seller shall be responsible for all costs resulting in the clean-up of any spills/leaks or other releases of petroleum or chemical spills in accordance with any Applicable Laws. All clean-up/proper disposal costs will be billed back to the Seller and deducted from Seller sale proceeds. If said proceeds shall not cover the cost of spill cleanup/disposal, Seller will be billed the difference and Auctioneer shall be paid within 10 business days of dated invoice. The obligations set forth in this Article shall survive termination or expiration of this Agreement. 2) Auction Company Personnel a) Auctioneer shall provide all necessary auctioneers,accountants,clerks and office staff required to achieve the efficient and orderly performance of the auction sale. The Auctioneer shall employ qualified personnel to perform these jobs and shall perform this engagement in a professional and skilled manner in accordance with all applicable,federal, state and local laws and regulations. 3) As-Is&Where-Is Auction Sales a) The property/auction items will be offered for sale individually,or in the case of small miscellaneous items sold in lots as determined by the Auctioneer. The property/auction items will be sold on an"As-Is Where-Is"basis without any warranties of any kind expressed or implied. b) Seller agrees to disclose to Auctioneer any known defects or faults with property/auction items prior to the auction sale. 1 Page 234 of 660 4) Marketable Title a) The Seller specifically warrants they are the owner of and have marketable title to all of the property,free and clear from any liens,debts or encumbrances except as noted. The Seller further warrants that there are no judgments or liens against it and that there are no pending legal actions, claims or proceedings whatsoever which in any way would hinder,prevent or otherwise affect its right or ability to sell the property at auction sale. b) Seller agrees to deliver on request any documents,certificates,proof of ownership or titles,which would be required to deliver title to the property. c) In the case that there is a delay in the new purchaser receiving a clear title for any vehicle or trailer sold for the Seller,the net proceeds from the sale will be held,until a free and clear title is received by the purchaser,or at the discretion of the Auctioneer,that item would be pulled from the auction sale and remain the Sellers property. d) If Seller is a motor vehicle dealer,list dealer state&dealer number: 5) Titles On-Site a) The Seller agrees to have all signed titles, a letter of authorization to sell your vehicles and any other related paperwork(seller specific bills of sale),either in my hands by_30 days prior to sale dates_or hand delivered to the sale site by_7 days prior to sale date_. b) To comply with motor vehicle rules and so new purchasers may transfer ownership with minimal problems, a letter of authorization needs to be on your company letterhead and must accompany all titles. Below is a sample letter: To Whom It May Concern: ABC Construction Company gives J.J. Kane Auctioneers authorization to sell vehicles and/or equipment owned by ABC Construction Company at your auction sales conducted during calendar years 2019 and 2020 in the United States. Sincerely Your Name Signature 6) Delivery Of Auction Items a) The Seller agrees to have said property/auction items delivered to the sale site starting_30 days prior to sale date and no later than 7 days prior to sale date . Items must be delivered in running condition(except when noted)with adequate fuel levels and a duplicate set of keys. 7) Insurance Coverage a) The Seller agrees to maintain proper insurance coverage on the property/auction items being sold until the day of the auction sale. b) The Auctioneer and owner of the sale site property will not be responsible for any damages to property/auction items resulting from acts of nature,theft, accident and/or vandalism while Sellers property is on the sale site. c) Auctioneer shall be responsible for loss or damage to Sellers property/auction items due to Auctioneers willful or negligent acts or omissions. 8) Commission a) The Seller agrees to pay the Auctioneer a commission rate of 0 percent on the gross selling price of every item identified by the Seller. b) The Seller agrees that Auctioneer will charge a 10 percent fee to the buyer for each item sold. c) The Seller agrees when applicable,that the Auctioneer may deduct its commission from the proceeds of the auction sale. 2 Page 235 of 660 9) No Sales a) In the event that a successful bidder attending the auction sale or bidding live over the internet fails to pay for an item for which he is designated to be the high bidder,that property/auction item would be considered a"No Sale" and no commission would be charged on that item and the Seller would retain ownership of said item. 10) Reimbursed Expenses a) If applicable and pre-approved,the Seller agrees that the Auctioneer may deduct the exact cost for any additional services that Auctioneer provides Seller from the proceeds of the auction sale. (1) Advertising N/A (2) Decommissioning&Washing_$125.00/vehicle_ (3) Repairs_N/A (4) Transportation To Sale Site_Cost (5) Other_N/A_ 11) Payout a) Auctioneer will charge and collect from the purchaser,the purchase price together with all applicable taxes. Auctioneer will collect payment in full from the purchaser,prior to any property being removed. Seller shall be responsible for the payment of all income taxes accruing to Seller for revenue received from the sale of property. b) The Auctioneer agrees to pay the Seller the net proceeds from the auction sale 14 business days following the auction sale. Auctioneer shall mail a written report to Seller listing items sold and an amount equal to_100_percent of the gross selling price of the property sold at auction, as outlined under section(8)and less any approved expenses as outlined under section(10),in the form of a check made payable or electronic transfer to the Seller. Proof of all approved expenses will be provided with the payout. (1) Proceeds check will be made payable and mailed to the same name and address as it appears on page 1 of this contract unless otherwise listed: 12) Absolute Unreserved Auction Sales a) The Seller understands that the Auctioneer conducts absolute unreserved public auction sales where each item is sold to the highest bidder regardless of price. b) Furthermore,the Seller understands/agrees that it is illegal for the Seller or an agent of the Seller to bid on and/or buy-back any items owned by the Seller. c) If the Seller or agent for the Seller attempts to bid on and/or buy back any of the consigned property/auction items,the Auctioneer will at his discretion choose one of the following actions: (1) Pass the item currently being offered for sale along with all the other Seller's property/auction items. (2) Sell the item to the last"Good Faith"bidder before the Seller or agent for the Seller began bidding on the property/auction item. d) The Seller agrees that it will reimburse Auctioneer for any lost revenue,including seller's commission,buyer's fee and/or any pre-approved reimbursed expenses if a"Buy Back"takes place. 13) Advertised Items a) At the Auctioneers discretion,in the event that the Seller removes any advertised property/auction item from the auction sale, Seller agrees to pay the Auctioneer a handling fee of$500.00 for each item removed from the sale. 14) Breach Of Contract a) In the event that Seller breaches any of the above warranties or makes any misrepresentation herein, Seller agrees to indemnify and hold the Auctioneer harmless from any and all liabilities or damages arising out of or relating to such breach or misrepresentation,including attorneys fees 3 Page 236 of 660 and other costs expended by Auctioneer in any action or proceeding arising out of or relating to the breach or misrepresentation. 15) Entire Agreement a) This Agreement contains the entire agreement between the parties and there are no other terms, obligations or representations,written or oral, other than contained in this agreement. This agreement may be modified only by a further writing that is duly executed by both parties. b) Headings used in this agreement are provided for convenience only and shall not be used to construe meaning or intent. 16) The following section shall apply to the following vehicle mounted aerial devices (Hereinafter referred to as "aerial device"): a. Extensible boom aerial devices; and b. Aerial Ladders; and c. Articulating boom aerial devices; and d. Vertical towers; and e. A combination of any of the above. The vehicle may be a truck, a trailer, or an all- terrain vehicle. It shall be the sole and exclusive responsibility of Seller to provide Auctioneer with the operations,maintenance and manufacturer's manual(s)for each aerial device to be auctioned by Auctioneer. Seller acknowledges and agrees that their responsibility to provide all operations, maintenance and manufacturer's manual(s) shall continue in perpetuity even though Auctioneer is selling said items for the Seller. In the event Seller does not provide all operations,maintenance and manufacturer's manual(s)to Auctioneer,Auctioneer shall, in its own discretion, refuse to auction any aerial device until such time as the operations,maintenance and manufacture's manual(s)are provided from Seller to Auctioneer. Auctioneer may notify Seller of the name and location of the successful purchaser within a reasonable time upon completion of the sale. Seller hereby acknowledges its responsibilities in accordance with American National Standards Institute A 92.2-2009 in full and most specifically section 8.7 therein. Seller hereby accepts all of the terms and conditions set forth above. J.J. Kane Auctioneers The City of Boynton Beach Contact: Walter Gillis Contact: Lori LaVerriere Signature: Signature: Date: Date: Please FAX back: 1) signed contract 2) "the Statement requested in Item #5 (and also prepared on the following,5', page), printed on your Company Letterhead and signed" To: Walter Gillis,FAX(772-382-0782) 4 Page 237 of 660 cs ca es CD C30 . ` w r •2 w al. T F r r w 49 in 40r40 kO r r r I c iX, IN I I k k i I i I I CL *' as go �a w i w w t. cl w w ise w w w w w. 40 w w w w w w w w w w w w i w wI N a % lk Io, lk w V4 w w w w w w w w w I I "- o The City of Boynton Beach P.O. Box 310 Boynton Beach, Florida 33425-0310 PUBLIC WORKS DEPARTMENT PHONE: (561)742-6200 FAX: (561)742-6211 www.boynton-beach.org March 19, 2019 To Whom It May Concern, The City of Boynton Beach gives JJ Kane Auctioneers authorization to sell vehicles and/or equipment owned by The City of Boynton Beach at your auction sales conducted during the dates of March 191H 2019 thru March 18th, 2020 in the United States. Respectfully, Lori LaVerriere City Manager City of Boynton Beach America's Gateway to the Gulfstream Page 240 of 660 6.G. CONSENTAGENDA 4/2/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 4/2/2019 REQUESTED ACTION BY COMMISSION: Approve Task Order UT-2A-02 with CH2M Hill Engineers (Jacobs) in the sum of$84,074 in accordance with RFQ No. 047-2821-17/TP, General Consulting Services Contract, Scope Category "A" awarded by Commission on September 7, 2018 for the development of a design criteria package to install standby generators for the East Water Treatment Plant. EXPLANATION OF REQUEST: Public water treatment plants are required by their state permit to have back-up power capability installed to maintain operation during any power supply interruptions. The previous back-up power generator for the City's East Water Treatment Plant (EWTP)failed and could not be repaired within the current regulations regarding atmospheric emissions. The state regulations regarding implementation of a replacement back up power generator are complex, and have been through several updates in recent years. The EWTP is required to have a generator designed to meet the Tier 4 Final rules to qualify for the special curtailment contract rate with Florida Power & Light (FPL). This curtailment rate contract provides for significantly lower power prices if the utility is able to operate the EWTP off the power grid during periods of peak electrical demand. There are a limited number of generators available that meet the Tier 4 Final rule requirements. Due to operational and other cost issues, staff determined it best to install a smaller Tier 4 unit and a second Tier 2 unit to meet FPL's curtailment criteria while meeting the maximum potential power demands of the plant. This task order will allow the consultant to prepare the design criteria package so that the utility can obtain qualified bids for the installation work. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The Utility is currently renting a temporary power generator unit until a new generator can be obtained. FISCAL IMPACT: Budgeted Funds have been allocated within the CI P for this work under account 403- 5000-533-65.02 ALTERNATIVES: There is no alternative under the current provisions of the Florida Administrative Code to installing permanent power back-up facilities. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: Yes CLIMATE ACTION DISCUSSION: The provisions of the Tier 4 Final rules are designed to minimize particulate and nitrous oxide emissions to the atmosphere. Page 241 of 660 Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Addendum CH2M Hill Task Order D Attachment CH2M Hill Contract Page 242 of 660 Task Order No. UT-2A-02 Professional Services for Generator Replacement at the East Water Treatment Plant Background The City of Boynton Beach (CITY) owns and operates the lime softening East Water Treatment Plant (WTP). The East WTP treats Surficial Aquifer water using ion exchange, lime softening and media filtration and is rated for 24 mgd. Recent improvements include the addition of ion exchange for additional color and dissolved organic carbon removal and the replacement of most electrical, instrumentation and controls equipment. CITY is on a load shedding program with Florida Power & Light (FPL) providing for favorable utility rates. Standby power at the site is currently provided by a mobile generator. This is considered a temporary measure. To improve operational reliability and cost efficiency, CITY plans to replace the existing mobile generator with two new permanently installed generators: a Tier 4 650 kW unit and a Tier 2 1250 kW unit. Each new generator will be housed in its own sound enclosure, have its own fuel storage, be connected to new generator synchronizing switchgear which in turn is connected to the existing main switchgear and be monitored and/or controlled from SCADA. CITY now wants to move forward with developing a design criteria package, bidding and design-build of these permanently installed standby generators and requested a scope of work from CH2M HILL Engineers, Inc. (CONSULTANT). Scope of Services The following sections describe the services to be performed under each task. TASK 1 —DESIGN CRITERIA PACKAGE AND BIDDING SUPPORT As part of this task, CONSULTANT will provide professional services during the preliminary design and bidding of the design-build contract for the new generators: 1.1.Hold a kickoff meeting attended by up to two team members at the East WTP to discuss project schedule and approach, current generator operations, anticipated changes, and obtain input from operations staff; 1.2.Obtain from CITY and review previous power generation studies,designs and communications with vendors and FPL; 1.3.Develop the conceptual design for the generators. The conceptual design report will include a narrative of the work to be performed and conceptual design drawings. A meeting attended by up to two team members will be held with CITY to review the preliminary design; 1.4.Develop the design criteria package for the generators. The package will include performance specifications of the equipment and preliminary design drawings depicting the work for the replacement generators and associated infrastructure. This will include a site layout showing demolition of existing infrastructure and construction of new equipment, conceptual one-line, and communication and P&ID diagrams. A meeting attended by up to two team members will be held with CITY to review the design criteria package; 1.5.Assist CITY with preparing the bid document for the design-build contract, participate in the pre-bid meeting attended by up to two team members and provide responses to technical questions for up to two addenda to answer any bidder's questions or address any changes or clarification required to the bid documents; 1.6.Review the bids and provide a bid-award recommendation to CITY. Page 243 of 660 CONSULTANT will prepare for and hold a project kick off meeting with CITY to discuss the project execution plan. This task also includes project management, document controls, QA/QC, health &safety, scheduling and office support activities for this project. Deliverables: • Meeting agendas and summaries (electronic) • Conceptual Design (15%design level)document (electronic) • Design Criteria Package (30% design level) documents consisting of performance specifications and preliminary design drawings (electronic) • Technical information for bid addenda (electronic) • Bid-award recommendation (electronic) TASK 2—SERVICES DURING FINAL DESIGN AND CONSTRUCTION As part of this task, CONSULTANT will provide professional and Owner Rep services during the detailed design and installation of the new generators: 2.1.Issue the conformed design criteria package document; 2.2.Review up to 10 final design and shop-drawings and answer up to 20 requests for information (RFI) from the selected design-builder and equipment vendor; 2.3.Observe the construction work and generator installation, equipment testing and startup during up to separate 3 site visits to the WTP attended by one team member. Results will be documented in observation/witness sheets and made available to CITY. The visits of CONSULTANT will only be planned after a specific request of CITY. Deliverables: • Conformed design criteria package (electronic) • Final design, shop-drawing review and RFI response sheets (electronic) • Installation observation and test&startup witness sheets (electronic) Assumptions The following key assumptions were made in the compilation of this scope of work and the estimation of the level of effort: 1. CONSULTANT will use CITY'S standard front-end documents for a design-build contract. 2. The generators may be procured directly from Kohler to save on sales tax and delivered by local representative Tampa Armature Works (TAW) Inc. The negotiation and contracting will be managed by CITY without assistance from CONSULTANT. Design criteria package will reference the Kohler generators and other equipment and won't include detailed technical specifications and drawings. 3. CONSULTANT will prepare conceptual single line, communication block and P&ID diagrams, or alternatively will prepare a performance description of these items in the specifications, with final drawings to be prepared by the design-builder. 4. The existing studies and record drawings and equipment cut sheets are available from CITY in organized folders and are in Adobe Acrobat format. 5. The selected design-builder performs well and design and shop drawings only require one re-submittal. The design-builder will perform any construction related testing, including arc flash and harmonics, startup and performance testing, witnessed by CITY and CONSULTANT. 6. The number of reviews of bid addenda, final design drawings, shop-drawings and RFIs, are based on CONSULTANT's experience with similar work. If, for whatever reason, actual numbers deviate from proposed numbers proposed, CONSULTANT may request an amendment to this task order to account for the difference in the level of effort. Page 244 of 660 7. CITY has researched and decided on number,size, manufacturer and tier rating of the new generators. Therefore, CONSULTANT will not independently validate load calculations, demand scenarios or otherwise re-evaluate CITY's decisions unless authorized in an amendment to this task order. 8. The design will include regular coordination with CITY and two formalized design submittals at 15 and 30%design level. CONSULTANT will prepare an agenda and summary of the project meetings. 9. The permits required for the project will be obtained by the design-builder. 10. CITY will provide construction management during the construction and CONSULTANT will provide only Owner's Rep services during construction. Contract Reference This Task Order shall be performed under the terms and conditions described within the Agreement between the City of Boynton Beach (CITY)and CH21VI HILL Engineers, Inc. (CONSULTANT)titled General Consulting Services for RFQ No. 046-2821-17/TP, executed on August 22, 2018. Compensation CONSULTANT proposes to perform the work described herein on a lump sum basis, based on the Fee Table of the contract.The total engineering fee including labor and expenses associated with the task order is $84,074, as shown in the table below. CONSULTANT will provide CITY a monthly invoice for the services provided based upon the schedule values detailed in the compensation table above, along with a summary of activities performed under this contract. An estimated earned value (percent complete) for each project sub-task will be the basis for progress payments. TASK HOURS RATE TOTAL Task 1 Design and Bidding Support Project Manager 72 $235.00 $16,920.00 Sr Electrical Engineer 8 $211.00 $1,688.00 Process Control/Instrum. Engineer 8 $125.00 $1,000.00 Sr. Civil/Mechanical Engineer 40 $192.00 $7,680.00 Engineer 76 $125.00 $9,500.00 Designer 60 $107.00 $6,420.00 Clerical/Administrative 20 $88.00 $1,760.00 Subconsultants $17,450.00 Expenses $1,780.00 Subtotal task $64,198.00 Task 2 Services During Construction Project Manager 28 $235.00 $6,580.00 Sr Electrical Engineer 2 $211.00 $422.00 Process Control/Instrum. Engineer 2 $125.00 $250.00 Sr. Civil/Mechanical Engineer 2 $192.00 $384.00 Engineer 24 $125.00 $3,000.00 Designer 4 $107.00 $428.00 Clerical/Administrative 12 $88.00 $1,056.00 Subconsultants $6,400.00 Expenses $1,356.00 Subtotal task $19,876.00 TOTAL $84,074.00 Page 245 of 660 Project Schedule The intended submittal time of each deliverable is included in the table below. The anticipated total duration of this amendment is 700 calendar days. Task Deliverable Time from NTP Task 1 — Design and Preliminary Design document(15% design level) 8 weeks bidding support a Design Criteria package (30%design level) 16 weeks Issue for Bid documents Estimate 18 weeks Technical information for bid addenda As required Bid-award recommendation Task 2—Services Conformed design criteria package As required during construction Final design and shop-drawing review and RFI As required response sheets Installation observation and test & startup witness As required sheets The proposal is effective for 90 days. Authorization Submitted by CH2M HILL Engineers, Inc By: Name: Sirpa H. Hall, PE Title: Senior Business Vice President Date: March 13, 2019 Page 246 of 660 GENERAL CONSULTING SERVICES AGREEMENT THIS AGREEMENT' is entered into between the City of Boynton Beach, hereinafter referred to as"the CITY", and CH2M HILL ENGINEERS, INC., hereinafter referred to as "the CONSULTANT", in consideration of the mutual benefits, terms, and conditions hereinafter specified. WHEREAS, pursuant to Section 287.055, Florida Statutes, the Consultants' Competitive Negotiation Act,the CITY'S Procurement Code,the City of Boynton Beach solicited proposals for professional consulting services from qualified engineering firms for required City services;and WHEREAS, THE CITY issued a Request for Qualifications for General Consulting Services for the City of Boynton Beach, RFQ No.046-2821-17fTP; and WHEREAS, the City Commission designated CONSULTANT as one of several qualified consulting firms to provide General Consulting services to the CITY;and NOW, THEREFORE, in consideration of the mutual covenants expressed herein, the parties agree as follows: ARTICLE 1 -SERVICES 1.1 CONSULTANT agrees to perform General Consulting Services by way of individual task orders, at the request of the CITY during the term of this Agreement, including the provision of all labor,materials,equipment and supplies. The specified projects which may be assigned to CONSULTANT is in conjunction with: ® Scope Category A Water Plant Modifications,Capacity and Operations Evaluation Scope Category B Infrastructure Improvements and Evaluations Scope Category C Ancillary Studies and Services Scope Category D Transportation Services Scope Category E Architectural and Landscaping Design Services 1.2 SERVICE AND RESPONSIBILITIES 1.2.1 GENERAL:The CONSULTANT agrees to perform work assigned by Task Order(s)under such terms as set forth in the Task Order(s).The terms of the Task Order(s)shall be supplemental to the terms of this Agreement. 1.2.2 The CONSULTANT is responsible for defects in its work and in the work of The term"Agreement"has the same meaning as the term"contract". Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-1 Page 247 of 660 its Sub-consultants'work. 1.2.3 PRELIMINARY SERVICES PHASE: The CONSULTANT shall prepare preliminary studies and reports, feasibility studies, financial and fiscal studies, and evaluation of existing facilities, preparation of schematic layouts and sketches where required; develop construction budgets, opinions of Probable Construction Cost, and shall consult and confer with the CITY as may be necessary for the CITY to reach decisions concerning the subject matter. The CONSULTANT shall attend meetings with the CITY Commission and CITY staff as may be required, and provide the CITY with a time schedule which shall include but not be limited to submittal of all milestones related to the project up to delivery of 100%construction documents. 1.2.4 During the preliminary services phase,the CONSULTANT shall advise the CITY, based on CONSULTANT'S professional opinion and the current project conditions and reasonably foreseeable conditions of the completeness of existing data and its suitability for the intended purposes of the project; CONSULTANT to obtain data from other sources; identify and analyze requirements of governmental authorities having jurisdiction to approve the design of the project;provide analyses of the CITY'S needs for surveys; perform site evaluations and comparative studies of prospective site and solutions; and prepare and furnish a report to the City setting forth the CONSULTANT'S findings and recommendations. 1.2.4.1 Providing any type of property surveys or related engineering services needed for the transfer of interests in real property,and field surveys for design purposes and engineering surveys and staking to enable Contractor to proceed with their work, and providing other special field surveys. 1.2.4.2 Preliminary design services to be performed by the CONSULTANT shall include consultation and advice concerning the extent and scope of proposed work and preparation of preliminary design documents consisting of design criteria, preliminary drawings, and outline specifications as well as preliminary estimates of probable Construction Costs. This phase will also include preparation of a preliminary site plan or schematic drawings when appropriate. Up to six (6) copies of the preliminary design documents shall be furnished to the CITY, the exact number needed shall be determined by the CITY. 1.2.4.3 CONSULTANT shall provide environmental assessment and impact statements as required to determine the suitability of the site and its surrounds for the proposed project;and/or 1.2.4.4 Upon authorization of the CITY,the CONSULTANT will provide advice and assistance relating to operation and maintenance of project or other systems; evaluate and report on operations; assist the CITY in matters relating to regulatory agency Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-2 Page 248 of 660 operations review or operating permit non-compliance; assist with startup and operator training for newly installed or modified equipment and processes, and in the preparation of operating, maintenance and staffing manuals for the project. 1.2.5 BASIC SERVICES:The CONSULTANT shall consult and advise the CITY in the following manner: specifying the extent and scope of the work to be performed; prepare detailed construction drawings and specifications; revise and update, where necessary, previously designed construction plans and specifications, whether in whole or in part, to be incorporated into the proposed work and prepare construction documents and final estimate of probable Construction Cost. The final design services shall be provided in an electronic format,and shall also include furnishing up to six (6) copies of plans and specifications to the CITY; the exact number needed shall be determined by the CITY. 1.2.6 Final design services shall also include preparation of permit applications as may be required by such agencies as have legal review authority over the project. These applications shall include but not be limited to site plan approvals or other permits and work efforts and shall also consist of meetings at staff level and meetings with the appropriate governing body and the CITY. Unless specifically provided for under the final design phase, permit application services do not include applications requiring environmental impact statements or environmental assessments, consumptive use permits and landfill permits. 1.2.6.1 The CONSULTANT based upon the approved design documents and any adjustments authorized by the CITY in each project, project schedule or construction budget shall prepare for approval by the CITY,design development documents consisting of drawings and other documents to fix and describe the size and character of each project's civil engineering, environmental, landscape, architectural, structural, mechanical, and electrical systems and any other requirements or systems, materials and such other elements as may be appropriate for a complete project. The CONSULTANT shall also advise the CITY of any adjustments to the preliminary estimate of probable Construction Costs. 1.2.6.2 The CONSULTANT based on CITY approved design development documents and any further adjustments in the scope or quality of the project or in the construction budget shall prepare Construction Documents within the number of calendar days specified within any notice issued by the CITY. The Construction Documents shall consist of drawings and specifications setting forth in detail the requirements for the construction of the project. 1.2.6.3 The CONSULTANT shall assist the CITY in the preparation of the necessary proposal information and forms. 1.2.6.4 The CONSULTANT shall advise the CITY of any adjustments to previous estimates of probable Construction Costs indicated by Boynton Beach Utilities-General Consulting Services C W.5 CLEAN FINAL Page 249 of 660 changes in codes, administrative and jurisdictional requirements of general market conditions. 1.2.6.5 The CONSULTANT shall submit to the CITY for each project, electronic format and up to six (6) copies of the Construction Documents, and a further revised estimate of total probable Construction Cost. 1.2.6.6 CONSULTANT shall include in the Construction Documents a requirement that the construction contractor shall provide a final as-built survey of the project in Autocad electronic format by a registered Land Surveyor, and provide marked up construction drawings to the CONSULTANT so that the CONSULTANT can prepare and deliver to the CITY the record drawings in the form required by the CITY and as required. 1.2.6.7 Prior to final approval of the Construction Documents by the CITY, the CONSULTANT shall conduct a thorough review and quality control evaluation of the entire work product for compliance with requirements of any local, state, or federal agency from which a permit or other approval is required. The CONSULTANT shall make sure that all necessary approvals have taken place. 1.2.6.8 Prior to each phased submittal,the CONSULTANT shall conduct a thorough quality control review and assessment of the work product to determine whether the work is properly coordinated and confirm that the CITY and agency comments have been addressed and incorporated into the Contract Documents. The CONSULTANT shall provide to the CITY a Quality Assurance and Quality Control plan in a format that advises the CITY that all work has been performed as required. A report shall be submitted in accordance with those standards to apprise the CITY that due care has been taken in the preparation of the Contract Documents. 1.2.6.9 The CONSULTANT shall signify responsibility for the Contract Documents including technical specifications and drawings prepared pursuant to this Agreement by affixing a signature,date and seal as required by Florida Statutes Chapters 471 and 481, if applicable. The CONSULTANT shall comply with all of its governing laws, rules, regulations, codes, directives and other applicable federal,state and local requirements in preparation of the work. 1.2.7 The CONSULTANT shall provide the construction documents, technical specifications and drawings completed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions. 1.2.8 The CONSULTANT following the CITY'S approval of the Construction Documents and the latest estimate of probable Construction Cost shall when so directed and authorized by the CITY,assist the CITY in obtaining proposals or negotiated proposals, and assist in preparing contracts for Boynton Beach Utilities-General Consulting Services C-4V.5 CLEAN FINAL Page 250 of 660 construction. 1.2.8.1 The CONSULTANT shall review and analyze the proposals received bythe CITY and shall make arecommendation for any award based on the CITY'S Procurement Administrative Policy Manual. 1.2.8.2 Any Opinion of the Construction Cost prepared by CONSULTANT represents its judgment exadesign professional and is supplied for the general guidance of the CITY. Since CONSULTANT has no control over market uundiUono. CONSULTANT does not guarantee the accuracy of such opinions as compared to contractor bids or actual cost \uthe CITY.|fthe is not advertised for proposals within three(3) months after delivery ofFinal Design Plans, through nofault of the CONSULTANT orifeither local market conditions urindustry- wide prioeshovuuhangedbemayseo[vnuouo| orunanUdpated events effecting the general level ofprices ortimes ofdelivery in the construction industry,the established Construction Cost limit may be adjusted as determined by the CITY'S Representative and osapproved bythe CITY, ifnecessary. Additionally, if the CITY expands aproject scope ofwork after the CONSULTANT renders the Final estimated probable Construction Cost ofthe Final Design Plans,the CONSULTANT shall not boresponsible for any redesign without compensation which axaU be mutually agreed tobythe parties hereto. 12.0.3 The CONSULTANT shall provide the CITY with a list of recommended prospective bidders. 1.2.84 The CONSULTANT ahoU attend all pre-proposal/per-bid conferences. 128.5 The CONSULTANT shall recommend any addenda,through the CITY'S representative as uppmp,iate, to o|u,ify, oo,nem, or change proposal dooumento. 1.2.8.0 |fPre-Qualification ofbidders isrequired asset forth inthe Request for Proposals urInvitation toBid 0wo-s\epbid pmcess>. CONSULTANT shall assist the CITY, ifrequested indeveloping qualifications oriteho, review qualifications and recommend acceptance orrejection ofthe bidders. 12.8.7 If requested, CONSULTANT shall evaluate proposals and bidders,and make recommendations regarding any award bythe CITY. 1.18 The CITY shall make decision onall claims regarding interpretation Construction Documents,and nnall other matters relating mthe execution and progress of the Work after receiving a recommendation from the CONSULTANT. The CONSULTANT oxuU check uoxeuu|eo, nxup drawings and other submissions for the limited purpose of checking conformance with the concept ofthe project, and for compliance with the information given bythe Construction Documents. The CONSULTANT shall also review change orders prepared and submitted byContractor and review and make recommendations mthe City for progress payments to the Contractor booed on each project onxedu|o of values and the Boynton Beach Utilities General Consulting Services V.5 CLEAN FINAL C-6 Page 251of00O percentage of work completed. The CONSULTANT will neither have control over or charge of, nor be responsible for, the construction means, methods, techniques, sequences, or procedures, or for the safety precautions and programs in connection with the construction of the assigned task order projects. 1.2.9.1 The CITY shall maintain a record of all change orders which shall be categorized to the various types, causes, etc. that may be determined useful and necessary for its purpose. 1.2.9.2 If the CONSULTANT is not the Construction Manager for the construction, the CITY shall notify the CONSULTANT within three (3) days of the discovery of any architectural/engineering error or omission so that the CONSULTANT can be part of the negotiations resolving the claim between the CITY and the Contractor. 1.2.10 The CONSULTANT shall carefully review and examine the Contractor's schedule of values, together with any supporting documentation. The purpose of such review and examination will be to protect the CITY from an unbalanced schedule of values which allocates greater value to certain elements of each project than is indicated by industry standards,supporting documentation, or data. If the schedule of values is not found to be appropriate,it shall be returned to the Contractor for revision for supporting documentation. After making such examination, when the schedule of values is found to be appropriate, the CONSULTANT shall sign the schedule of values indicated informed belief that the schedule of values constitute a reasonable, balanced basis for payment of the Application for Payment to the Contractor. 1.2.11 The CONSULTANT shall perform on-site construction observation of each project based on the Construction Documents in accordance with paragraph 1.2.16 "Resident Project Services" of this Agreement. The CONSULTANT'S observation shall determine the progress of the work completed,and whether the work is proceeding in a manner indicating that the work when fully competed will be in accordance with the Construction Documents.On the basis of site visits,the CONSULTANT will provide the CITY with a written report of each site visit in order to reasonably inform the CITY of the progress of the portion of the Work completed. The CONSULTANT shall endeavor to identify for the CITY any defects and deficiencies in the work of contractors,and make written recommendation to the CITY where the work fails to conform to the Construction Documents. The CONSULTANT shall not have control over or charge of, or responsibility for the construction means,methods,techniques,sequences or procedures. or for safety precautions and programs in connection with the Work, nor shall the CONSULTANT be responsible for the Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents. The CONSULTANT shall not have control over or charge of, and shall not be responsible for, acts or omissions of the Contractor or of any other persons or entities performing portions of the Work. Based on such observation and the Contractor's Application for Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-6 Page 252 of 660 Payment, the CONSULTANT shall determine the amount due to the Contractor and shall issue Certificates for Payment in such amount. These Certificates will constitute a representation to the CITY based on such observations and the data comprising the Application for Payment that the work has progressed to the point indicated. By issuing a Certificate of Payment,the CONSULTANT will also represent to the CITY that to the best of its information and belief, based on what its observation have revealed; the Work is in accordance with the Construction Documents. The CONSULTANT shall conduct observations to determine the dates of substantial and final completion and issue a recommendation for final payment. 1.2.12 The CONSULTANT shall revise the Construction drawings and submit record or corrected drawings to the CITY to show those changes made during the construction process based on the marked up prints, drawings and other data furnished by the Contractor. The record drawings shall be provided in electronic format inclusive of conformed PDF files and AutoCad files in a form compatible with the CITY'S version of AutoCad formats for archival purposes. 1.2.13 The CONSULTANT shall attend regularly scheduled progress meetings on site bi-monthly or as otherwise determined based on a specific need established prior to construction by the CITY. 1.2.14 The CONSULTANT shall review change orders prepared and submitted by the Contractor for the CITY'S approval. CONSULTANT shall not authorize any changes in the work or time, no matter how minor without prior written approval by the CITY. 1.2.15 Each project's construction or demolition shall be considered complete upon compilation of a punchlist by CONSULTANT, which shall be timely completed by Contractor to the satisfaction of the CITY,written notification to Contractor by CONSULTANT that all releases of liens are satisfied and written recommendation by CONSULTANT for final payment to the Contractor which shall be at the sole discretion of the CITY. 1.2.16 RESIDENT PROJECT SERVICES: During the Construction progress of any work, the CONSULTANT will if authorized by the CITY, provide resident project observation services to be performed by one or more authorized employees ("Resident Project Representative") of the CONSULTANT. Resident Project Representatives shall provide extensive observation services at the project site during construction. The Resident Project Representative will endeavor to identify for the CITY any defects and deficiencies in the work of the Contractor(s). Resident project observation services shall include but is not limited to the following: ❖ Conducting all pre-construction conferences; :• Conducting all necessary construction progress meetings; :• Observation of the work in progress to the extent authorized by the CITY; Receipt, review coordination and disbursement of shop drawings and other submittals; Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-� Page 253 of 660 Maintenance and preparation of progress reports; Field observation and verification of quantities of equipment and materials installed; ❖ Verification of contractors'and subcontractors'payrolls and records for compliance with applicable contract requirements; Maintenance at each project site on a current basis of all drawings, specifications, contracts, samples, permits, and other project related documents, and at the completion of each project, deliver all such records to the CITY; Preparation, update and distribution of a project budget with each project schedule; :• Notification to the CITY immediately if it appears that either each project schedule or each project budget will not be met; Scheduling and conducting monthly progress meetings at which CITY, Engineer,general contractor,trade contractor, utilities representatives, suppliers can jointly discuss such matters as procedures, progress, problems and scheduling. :• Recommending courses of action,and enforcing action selected by the CITY,if so directed by the CITY,if the general and/or trade contractors are not meeting the requirements of the plans, specifications, and Construction Contract; Development and implementation of a system for the preparation, review,and processing of change orders; Maintenance of a daily log of each project; :• Recording the progress of each project, and submission of written monthly progress reports to the CITY including information on the Contractors'work and the percentage of completion; Determination of substantial and final completion of work and preparation of a list of incomplete and unsatisfactory items, and a schedule of their completion; and Securing and transmitting to the CITY, required guarantees; affidavits; releases;key manuals; record drawings; and maintenance stocks; The Resident Project Representative shall also investigate and report on complaints and unusual occurrences that may affect the responsibility of the CONSULTANT or the CITY in connection with the work. The Resident Project Representative shall be a person acceptable to the CITY, and the CITY shall have the right to employ personnel to observe the work in progress,provided however that such personnel as employed by the CITY, and such personnel will be responsible directly to the CITY in the performance of work that would otherwise be assumed and performed by the CONSULTANT. The Resident Project Representative shall not have control over or charge of, or responsibility for the construction means, methods,techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, nor shall the Resident Project Representative be responsible for the Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents. The Resident Project Representative shall not have control over or charge of, and shall not be responsible for, acts or omissions of the Contractor or of any other persons or entities performing portions of the Work. Boynton Beach Utilities-General Consulting Services C-8 V.5 CLEAN FINAL Page 254 of 660 Although CONSULTANT shall not be responsible for xooKx o, safety programs or precautions related to CITY"s activities urthose ufC|TY'o other contractors and uonxukuma or their respective subcontractors and vendors (^Con\roctune^). CONSULTANT shall nonetheless report tuthe Resident Project Representative health and safety conditions or deficiencies observed byCONSULTANT'S employees orrepresentatives. CONSULTANT uhuU not be responsible for C|TY'n pre-existing site conditions or the aggravation of those preexisting site conditions to the extent not caused by the negligence o/ willful misconduct of CONSULTANT. CONSULTANT shall not be responsible for inspecting, observing,or correcting health or safety conditions or deficiencies of CITY, Contractors or others at project site ("Project Site") other than for CONGULTANT'semployees, subconsuUantsand vendors. 1.3 ADDITIONAL SERVICES 1.5.1 When additional services are necessary they shall be specified in the written Task Order. Examples ofadditional(not exclusive)services are: w Preparation of applications and supporting documents for ph,ovo o, gn,ammenbu| grants, loans or advances in connection with any particular projec. * 8onxoeo to make measured drawings of o, to investigate existing conditions or facilities, or to verify the accuracy of drawings or other information furnished byor0othe CITY. * Services resulting from significant uhongeointhe general scope,extent orcharacter nfany particular project orits design including but not limited to, changes insize,complexity,the CITY'S schedule,character of construction or method of finanoing, and revising previously accepted studies, reports,design documents orConstruction Contract Documents when such revisions are required by changes to |awa, rules, regulations, ordinances, codes ororders enacted subsequent to the preparation of such dudios, reports or documents, or one due to any other causes beyond the CONSULTANT'S control. � Providing renderings ormodels for the CITY'S use. � Preparing documents for alternate Proposals requested bythe CITY for work that imnot executed for documents for out-nf-noquenoowork. � Investigations and studios involving but not limited to, detailed considerations of operations, maintenance and overhead expenses; providing value engineering during the course of design; the preparation offeasibility studies; cash flow and economic evaluations, rate nnxedu|oa and appraisals; assistance in obtaining financing for a evaluating p,uneammo available for licensing and assisting the CITY in obtaining process licensing; detailed quantity surveys of material, equipment and |abor, and audits or inventories required in connection with construction performed hythe CITY. � Assistance inconnection with Proposal/proposal protests,re-bidding o, re-negotiating contracts no, nonst,umion, matehu|n, equipment o, services,unless the need for such assistance ioreasonably mined hythe CITY tubecaused bythe CONSULTANT(e.g. defective plans avvomoavuchommrs-ocncm/conmmngmorium C-9 v.5CLEAN FINAL Page 255of00O and/or specifications which inhibit contractors from submitting proposals) in which event there shall be no additional cost for the provision of such services. Preparing to serve or serving as a CONSULTANT or witness for the CITY in any litigation, arbitration or other legal or administrative proceeding. ❖ Additional services in connection with a project not otherwise provided in this Agreement. *o Services in connection with a project not otherwise provided for in this Agreement. Services in connection with a field order or change order requested by the CITY. Providing artwork, models,or renderings as requested by the CITY. 1.3.2 When required by the Construction Contract documents in circumstances beyond the CONSULTANT'S control, and upon the CITY'S authorization, it will furnish the following additional services. ❖ Services in connection with work changes necessitated by unforeseen conditions encountered during construction. s Services after the award of each contract in evaluating and determining the acceptability of an unreasonable or excessive number of claims submitted by Contractor, except to the extent such claims are caused by the errors or omissions of the CONSULTANT. ❖ Additional or extended services during construction made necessary by 1) work damaged by fire or other cause during construction, 2) a significant amount of defective or negligent work of any contractor, 3) acceleration of the progress schedule involving services beyond normal working hours, or 4) default by any contractor; provided however, if a fire occurs as a direct result of errors or omissions in the design by the CONSULTANT or if the CONSULTANT fails to notify the Contractor of the deficient quality of their workmanship pursuant to CONSULTANT'S duties as described in the Contract Documents,the CONSULTANT'S additional services shall be deemed part of Basic Services and compensated as such. Services in connection with any partial utilization of any part of a project by the CITY prior to Substantial Completion. Services to evaluate the propriety of substitutions or design alternates proposed by the Contractor and involving methods of construction, materials, or major project components either during bidding and/or Negotiation services or Construction Contract award. The cost of such services shall be borne by the Contractor,and this requirement shall be included in the construction contract. Services in making revisions to drawings and specifications occasioned by the acceptance of substitutions proposed by the Contractor, unless such substitutions are due to a design error by the CONSULTANT in which,case such services shall be deemed Basic Services. Except when caused by a design error by the CONSULTANT,the cost of such services shall be borne by the Contractor,and this requirement shall be included in the construction contract. Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-10 Page 256 of 660 1.4 CITY'S RESPONSIBILITIES 1.4.1 The CITY shall do the following inatimely manner ooasnot todelay the services ofthe CONSULTANT: 1.4.1.1 Designate in writing a person or persons to act as the CITY'S representative with respect 10the services(oberendered under this Agreement. Such penson(s)shall have complete authority to transmit instructions and receive information with respect to the CONSULTANT'S services for uparticular project.The CITY may have multiple CITY Repnementodve(m)orproject managers during the performance ofthis AGREEMENT based onthe specific task onje,s/w,ioontask orders from each ofthe Scope Categories. 1.4.12 Provide all criteria and full information ontothe CITY'S requirements for the Pnojoct, including design objectives and cnnsbainta, upane, capacity and performance equimmonha. flexibility and expandability,and any budgetary limitations. 1.4.1.3 Assist the CONSULTANT by providing at the CONSULTANT'S request all available information pertinent tuthe Project including previous nopoda and any other data relative to design or construction ufthe project. 14.1.4 Furnish tothe CONSULTANT, ifrequired for the performance nf CONSULTANT'S services(except where otherwise furnished by the CONSULTANT aoAdditional Gemimea).the following: 14.1.5 Data prepared by, or services of others, including without limitations boringa, pmbinge and subsurface exp|omhona, hydrographic numuya. laboratory tests and inspection of momp|eo. materials and equipment; 1.4.1.0 Appropriate professional interpretations ofall ofthe foregoing; 1.4.1.7 Environmental assessment and impact statements; 1.4.1.8 Pmperty, boundmry, eaaemeni, hght-of-way, topographic and utility surveys; 1.419 Property descriptions; 1.4110 Zoning,deed and other land use restrictions; 1.41.11 Approval and permits required in the CITY'S jurisdiction and those from outside agencies unless such approvals and permits are the responsibility ofthe CONSULTANT; and 1.4.1.12Arrange for access homake all provisions for the CONSULTANT to enter upon the CITY'S property an required for the CONSULTANT mperform services under this Agreement. 1.4.1.15 Consistent with the professional standard ofcare and unless otherwise specifically provided heein. CONSULTANT shall be entitled to rely upon the accuracy of data and information provided bythe CITY urothers without independent review or evaluation. Boynton Beach Utilities'General Consulting Services o-11 v.5CLEAN FINAL Page 257of00O 1.5 SEQUENCE OF EVENTS 1.5.1 Following receipt of any task order/written task order, the CONSULTANT shall submit to the CITY, at least five (5) days prior to actual commencement of services, a schedule of services and expenses for approval by the CITY before any services commence. The CITY reserves the right to make changes to the sequence as necessary to facilitate the services or to minimize any conflict with operations. 1.5.2 Task orders will be issued to the CONSULTANT in the order in which the CITY wishes, and shall be performed and completed in the order they are issued, unless otherwise specifically permitted by the CITY. Minor adjustments to the timetable for completion approved by the CITY in advance, in writing, shall not constitute non-performance by CONSULTANT pursuant to this Agreement. 1.5.3 Proposals received by CONSULTANT as a result of task order/written task order that exceeds $25,000 in cost will require approval from CITY Commission before execution of services in accordance with the CITY'S Procurement Administrative Policy. 1.5A When the CITY issues task orders to the CONSULTANT, each authorization shall contain a stated completion schedule. If caused by the negligent errors or omissions of CONSULTANT,failure of the CONSULTANT to meet the stated schedule shall constitute a default for which payment for services may be withheld until default is cured. Time extensions will be reviewed upon request for extenuating circumstances. 1.5.5 It is anticipated and intended that the CONSULTANT will be authorized to begin new task orders on a"rolling"basis, as some already assigned task orders near timely completion. If a subsequent Task Order is issued to the CONSULTANT before it has completed the current task order, the completion date for each Task Order will remain independent of each other so that the CONSULTANT will prioritize the uncompleted Task Order from the first Task Order and finish as soon as practical. Failure to complete the "older" task orders in a timely manner, may adversely impact upon continued early authorization to start a subsequent work. 1.5.6 When the CONSULTANT has exceeded the stated completion date including any extension for extenuating circumstances which may have been granted, a written notice of Default will be issued within seven (7) days of the date that the default became active with a requirement of seven (7) days to cure said default, to the CONSULTANT and payment for services rendered shall be withheld until such time that the CITY has determined that default has been cured. 1.5.7 Should the CONSULTANT exceed the assigned completion time,the CITY reserves the right not to issue to the CONSULTANT any further task orders until such time as it is no longer in default, and the CONSULTANT has demonstrated to the CITY'S satisfaction,the reasons for tardy completion Boynton Beach Utilities-General Consulting Services C-12 V.5 CLEAN FINAL Page 258 of 660 have been addressed and are not likely to be repeated in subsequent task orders. This restricted issuance provision may result inthe CONSULTANT not being issued all of the planned work the CITY anticipated in this Agreement. The CONSULTANT shall have noright tothe balance ufany work,ortoany compensation associated with these non-issued task orders due tothe CONSULTANT being rendered indefault. 1.58 Should the CONSULTANT remain indefault for aperiod o[fifteen (15) consecutive calendar days beyond the time frame provided in Paragraph 1.5.Gthe CITY may akits sole option retain another CONSULTANT to perform any wmdh arising out of this Agreement and/or terminate this Agreement. 1.6 DEFINITION OF DEFAULT 1.6.1. Anevent o{ default shall mean omaterial breach nfthis Without limiting the generality ofthe foregoing and in addition to those instances referred h000umaterial breach,onevent nfdefault shall include the following: * CONSULTANT has not performed services on oUmely basis due to CONSULTANT'S negligent errors nromissions; * CONSULTANT has refused o,failed tusupply enough properly skilled personnel; * CONSULTANT has failed to make prompt payments to SUB- CONSULTANTS orsuppliers for any services after receiving payment from the CITY for such services ursupplies; * CONSULTANT has failed to obtain the approval of the CITY where required hythis Agreement; e CONSULTANT has refused urfailed uoprovide the services aodefined |nthis Agreement; * CONSULTANT has filed bankruptcy or any other such insolvency proceeding and the same is not discharged within ninety(90) days of such date. � CITY has failed to make payments to CONSULTANT in accordance with the requirements ofthis Agreement 1.62 |nthe event of Default, the CONSULTANT shall be liable for all damages resulting from the Default including: � The difference between the amount that hos been paid to the CONSULTANT and the amount required to onmp|eha the CONSULTANT'S work, provided the fees by the firm replacing the CONSULTANT are reasonable and the hourly rates uunot exceed the CONSULTANT'S rates. This amount shall also include procurement and administrative costs incurred bythe CITY. � In the event nfdefault bythe Cdy. CONSULTANT may suspend the Work pending receipt ofsuch payment. Boynton m,axUtilities'General Consulting Services o4u v.5CLEAN FINAL Page 250of00O 1�3. The CITY may take advantage ofeach and every remedy specifically existing at law orinequity. Each and every remedy shall beinaddition 0u every other remedy given orotherwise existing,and may beexercised from time totime and oaoften and insuch order anmay bedeemed expedient bythe CITY. The exercise orthe beginning ofthe exercise ofone remedy shall not be deemed to be a waive, of the right to exercise any other remedy. The CITY'S rights and remedies aaset forth in this Agreement are not exclusive and are in addition 0oany other rights and remedies available tnthe CITY inlaw orinequity. ARTICLE 3'TERM 2.1 The initial Contract period shall bofor aninitial two V8years, commencing atthe execution ofthe contract, and the City reserves the right hounilaterally renew the contract for U`mo (3) additional one (1) year periods under the same tennn, conditions.The CONSULTANT understands and acknowledges that the Services toboperformed during the two(2)year term will ba governed bYthis Agreement, and that there ionoguarantee offuture work being given hnthe CONSULTANT. 2.2 |nthe event that services are scheduled toend either bycontract expiration orhy termination bythe CITY (at the CITY'S dioonet|on). the CONSULTANT shall continue the oomiceo, if requested by the C]TY, or until tank or tasks is/ane completed.At no time shall this transitional period extend more than one-hundred and eighty(1180)calendar days beyond the expiration date of the existing contract. The CONSULTANT will be reimbursed for this uomioe at the rate in effect when this transitional period clause was invoked bythe CITY. ARTICLE 3'TIME OF PERFORMANCE 3.1 Work under this Contract shall commence upon the giving of written notice by the CITY\othe CONSULTANT byway ofanexecuted task order and resultant task under. CONSULTANT shall perform all services and provide all work product required pursuant tothis Contract and the specific task order bythe Sequence of Events, urunless onextension oftime isgranted inwriting bythe CITY. ARTICLE 4-PAYMENT 4.1 The CONSULTANT shall bepaid by the CITY for completed work and for services rendered under this agreement oofollows: w Payment for the work provided byCONSULTANT shall bemade in accordance with the Fee Schedule as provided in Exhibit"A"attached hereto. * Payment aaprovided inthis Section shall befull compensation for work performed,services rendered and for all materials,supplies,equipment and incidentals necessary tocomplete the work. * Compensation for sub-CONSULTANTS will he negotiated based on each task order. Compensation will be through adirect mark-up m Boynton Beach Utilities-General Consulting Services C-14 v.5CLEAN FINAL Page 20Oof00O accordance with the Schedule of Professional Fees attached hereto. Sub-consulting services shall be approved by the CITY'S representative prior to performance of the sub-consulting work. Consulting time for processing and management of the sub- CONSULTANT shall not be included in direct costs as the direct mark- upisapp|iedformanagementeforto. � The CONSULTANT may submit vouchers tuthe CITY once per month during the progress of the Work for partial payment for project completed todate. Such vouchers will be verified by the C|TY, and upon approval thereof, payment will bomade tothe CONSULTANT in the amount approved. * |ncertain cases where incremental billing for partially completed Work is permitted bythe CITY'S representative,the total incremental billings shall not exceed the percentage ofestimated completion nfidentifiable deliverables o,accepted deliverables ono,the billing date. * Computation of Time Charges/Not-to-Exceed Method of Payment: When a service ism be compensated bused untime charge/not-to- exceed method, the CONSULTANT shall submit o not-to-exceed proposal to the CITY'S representative for p,|u, uppnmo| based on estimated labor hours and hourly rates which oxoU not exceed the established hourly rates as per the Schedule of Professional Fees attached herem, plus sub-CONSULTANT services and other related costs supporting the proposed work. The CITY shall not beobligated toreimburse the CONSULTANT for costs incurred inexcess ofthe total nu»«u'exceadcost amount. � Final payment of any balance due the CONSULTANT ofthe total contract price earned will bemade promptly upon its ascertainment and verification by the CITY after the completion of the Work under this Agreement and its acceptance bythe CITY,which shall occur nolater than 3Odays following receipt ofthe invoice. * Final Invoice: |norder for both parties herein hoclose their books and records, the CONSULTANT will clearly state "final invoice" on the CONSULTANT'S finoNmat billing 10the CITY. The final invoice certifies that all services have been properly performed and all charges and costs have been invoiced to the QTY. Since this account will thereupon be o|000d, and any other further charges if not properly included onthis invoice are considered waived bythe CONSULTANT. w The cost ovall services aostated herein shall remain fixed and firm for the initial two (2) year period of the contract. Costa for subsequent years and any extension terms shall besubject toanadjustment only if increases incur in the industry. However, unless very unusual and significant changes have occurred inthe industry,such increases shall not exceed 5% per year, o, whichever is |auo. the latest yearly percentage increase mthe All Urban Consumers Price |ndex(CP|-U) (National) as published by the Bureau of Labor Statistics. U.S. uvvomwaoachom/ues'omcm/c"o,um"uxem/co C'1s V.5 CLEAN FINAL Page 201of00O Department Labor. The yearly increase, or decrease in the CPI shall be the latest index published and available ninety(90)days prior to the end of the contract year then in effect, compared to the index for the same month one(1)year prior. Any requested cost increase shall be fully documented and submitted to the CITY at least sixty (60) days prior to the contract anniversary date. Any approved cost adjustments shall become effective upon the anniversary date of the contract. In the event the CPI or industry costs decline, the CITY shall have the right to receive from the CONSULTANT, a reasonable reduction in costs that reflect such changes in the industry. The CITY may after examination,refuse to accept the adjusted costs if they are not properly documented, increases are considered to be excessive,or decreases are considered to be insufficient. In the event the CITY does not wish to accept the adjusted costs and the matter cannot be resolved to the satisfaction of the CITY,the Contract may be cancelled by the CITY upon giving thirty (30) calendar days written notice to the CONSULTANT ARTICLE 5-OWNERSHIP AND USE OF DOCUMENTS 5.1 Upon completion of the project and final payment to CONSULTANT, all documents, drawings, specifications and other materials produced by the CONSULTANT in connection with the services rendered under this Contract the documents shall be the property of the CITY whether the Project for which they are made is executed or not. Notwithstanding the foregoing, the CONSULTANT shall maintain the rights to reuse standard details and other design features on other projects. The CONSULTANT shall be permitted to retain copies, including reproducible copies,of drawings and specifications for information, reference and use in connection with CONSULTANT'S endeavors. Any use of the documents for purposes other than as originally intended by this Contract,without the written consent of CONSULTANT, shall be at the CITY'S sole risk and without liability to CONSULTANT and CONSULTANT'S sub-CONSULTANTS. ARTICLE 6-FUNDING 6.1 This Contract shall remain in full force and effect only as long as the expenditures provided in the Contract have been appropriated by the City Commission of Boynton Beach in the annual budget for each fiscal year of this Contract, and is subject to termination based on lack of funding. ARTICLE 7-WARRANTIES AND REPRESENTATIONS 7.1 CONSULTANT represents and warrants to the CITY that it is competent to engage in the scope of services contemplated under this Contract and that it will retain and assign qualified professionals to all assigned projects during the term of this Contract. CONSULTANT'S services shall meet a standard of care for professional Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-16 Page 262 of 660 engineering and related services equal to the standard of care for engineering professional practicing under similar conditions. In submitting its response 1othe RFO. CONSULTANT has represented toCITY that certain individuals employed byCONSULTANT shall provide services tnCITY pursuant tuthis Contract. CITY has relied upon such representations. Therefore,CONSULTANT shall not change the designated Project Manager for any project without the advance written approval ofthe CITY,which consent shall not beunreasonably withheld. ARTICLE W'COMPLIANCE WITH LAWS 8.1 CONSULTANT nhaU, in performing the services contemplated by this service Contract, faithfully nbnunm and comply with all hadero|, state and local laws, ordinances and regulations thatavuapp|icaWetothesemiceshobenanderedunder this Contract,shall review and comply with laws,regulations,codes and standards in effect as of the date of this agreement that are applicable to CONSULTANT'S services and shall exercise professional xo,e and judgment to comply with requirements imposed by governmental authorities having jurisdiction over the project. Should changes in any law, o,dinance, or regulation result in increased costs or delays to services rendered,both parties agree to an equitable adjustment mschedules and prices. ARTICLE R'INDEMNIFICATION 9.1 Subject to the limiting provisions of Florida Statute 725.08. CONSULTANT uxe|| indemnify, and hold harmless the CITY, its offices, agents and employees,from and against any and all |uaaos, or any portion themof, including noononob|o attorneys'fees and costs,arising from injury or death to persons,including injuries, uiukneoo, disease or death to CONSULTANT'S own employees, u, damage ou property to the d by negligence, N intentionally wrongful ounUuu1 of CONSULTANT or other persons employed or utilized by CONSULTANT in performance of CONSULTANT'S duties. Neither party tothis Contract shall be liable for any specia|, incidenta|, indirect or consequential damages of any kind, including but not limited to lost profits or use that my result from this Contract orout ofthe services orgoods furnished hereunder. 9.2 To the greatest extent permitted pursuant to Section 725.06, Florida Statutes, CUNGULTANT'uindemnification obligation (when providing services hnCITY) shall not exceed the value of CON8ULTANT's total compensation. Such obligation shall not be construed to negate, abridge orotherwise reduce other rights or obligations of indemnity which would otherwise exist as to a party or person described inthis Article. PURSUANT TO FLORIDA STAT[]l[E, NO INDIVIDUAL DESIGN PROFESSIONAL EMPLOYE[] BY []RACTING/\S/\N AGENT OF CONSULTANT MAY BE HE[[] INDIVIDUALLY LIABLE FOR DAMAGES RESULTING FROM THE NEGLIGENCE OCCURRING WITHIN THE COURSE AND SCOPE OF THIS PROFESSIONAL SERVICES AGREEMENT Boynton Beach Utilities-General Consulting Services C-17 v.5CLEAN FINAL ARTICLE 10-INSURANCE 10.1 During the performance of the services under this Contract, CONSULTANT shall maintain the following insurance policies, and provide certificates of insurance evidencing such coverages and limits, and shall be written by an insurance company authorized to do business in Florida. 10.1.1 Worker's Compensation Insurance: The CONSULTANT shall procure and maintain for the life of this Contract, Worker's Compensation Insurance covering all employees with limits meeting all applicable state and federal laws. CONSULTANT shall include the Worker's Compensation and Employer's Liability Insurance requirements in its subcontracts. This coverage shall include Employer's Liability with limits meeting all applicable state and federal laws. This coverage must extend to any sub- CONSULTANT that does not have their own Worker's Compensation and Employer's Liability Insurance, unless not required by statute. The policy must contain a waiver of subrogation in favor of the CITY of Boynton Beach, executed by the insurance company. 10.1.2 Comprehensive General Liability: The CONSULTANT shall procure and maintain for the life of this Contract, Comprehensive General Liability Insurance. This coverage shall be on an "Occurrence" basis. Coverage shall include Premises and Operations;Independent Contractors,Products Completed Operations and Contractual Liability with specific reference of Article 9, "Indemnification" of this Contract. Thin policy shall provide coverage for death, personal injury or property damage that could arise directly or indirectly from CONSULTANT'S negligent performance of this Agreement. CONTRACTOR shall maintain a minimum coverage of $1,000,000 per occurrence and$1,000,000 aggregate for personal injury/ and $1,000.000 per occurrence/aggregate for property damage. The general liability insurance shall include the CITY as an additional insured and shall include a provision prohibiting cancellation of the policy upon thirty(30)days prior written notice to the CITY,except for cancellation due to non-payment of premium. 10.1.3 Business Automobile Liability: The CONSULTANT shall procure and maintain, for the life of this Contract, Business Automobile Liability Insurance. The CONSULTANT shall maintain a $1,000,000 combined single limit for bodily injury and property damage liability to protect the CONSULTANT from claims for damage for bodily and personal injury, including death, as well as from claims for property damage, which may arise from the ownership, use of maintenance of owned and non-owned automobile, included rented automobiles, whether such operations be by the CONSULTANT or by anyone directly or indirectly employed by the CONSULTANT. 10.1.4 Professional Liability (Errors and Omissions) Insurance: The CONSULTANT shall procure and maintain for the life of this Contract in the minimum amount of$1,000,000 per claim/aggregate. Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-18 Page 264 of 660 102 It shall be the responsibility of the CONSULTANT to ensure that all sub- CONSULTANTS comply with the same insurance requirements referenced above. ub-CONGULTANTSoomplywdhthesameinaunenoeequinementseferencedabove. 10.3 In the judgment of the C|TY, prevailing conditions warrant the provision by the CONSULTANT of additional liability insurance coverage or coverage which is different inkind, the CITY reserves the right torequire the provision by CONSULTANT of an amount n[ coverage different from the amounts or kind previously required and shall afford written notice ofsuch change in requirements thirty (30) days prior tothe date on which the requirements shall take effect. Should the CONSULTANT fail or refuse to satisfy the requirement ofchanged coverage within the thirty(30)days following the CITY'S written notice,the CITY, at its sole option, may terminate the Contract upon written notice to the CONSULTANT,said termination taking effect on the date that the required change inpolicy coverage would otherwise take effect. 10.4 CONSULTANT shall,for a period of two(2)years following the termination of the Agreement, maintain e"tail coverage"|nonamount equal tuthat described above if coverage is not otherwise renewed for Comprehensive Liability Insurance on a claims-made policy only. ARTICLE 11 -INDEPENDENT 11.1 The CONSULTANT and the CITY agree that the CONSULTANT ioanindependent CONSULTANT with respect umthe services provided pursuant mthis Contract. Nothing in this Contract shall be considered to create the relationship of employer and employee between the parties hereto. Neither CONSULTANT nor any employee of CONSULTANT ahu|| be entitled to any benefits aouun1ed CITY employees by virtue of the services provided under this Contract.The CITY shall not be responsible for withholding or otherwise deducting federal income tax o, social security or for contributing to the state industrial insurance pmgrom, otherwise assuming the duties ofanemployer with respect|uCONSULTANT, or any employee ofCONSULTANT. 11.2 CONSULTANT acknowledges and understands that, as an independent CONSULTANT pursuant tothis Agreement, CONSULTANT shall comply with Chapter 118, Florida G+adu+ey, as amended (Public Records). CONSULTANT'S obligation includes, but is not limited to CONSULTANT'S obligation to preserve public records and make public records available tothird parties inaddition tothe CITY. ARTICLE 12'COVENANT AGAINST CONTINGENT FEES 12.1 The CONSULTANT warrants that hohas not employed o,retained any or person,other than a bonafide employee working solely for the CONSULTANT, to solicit or secure this Contract, and that he has not paid or agreed to pay any company or person, other than a bonafide employee working solely for the CONSULTANT, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty,the CITY shall have the right to annul this Contract without liability or, in its discretion to deduct from the contract Boynton Beach Utilities'General Consulting Services C-19v.5cLaxmpmAL price or consideration, or otherwise recover, the full amount of such fee, commission,percentage, brokerage fee,gift,or contingent fee. ARTICLE 13—TRUTH-IN-NEGOTIATION CERTIFICATE 13.1 Execution of this Contract by the CONSULTANT shall act as the execution of a truth-in-negotiation certificate certifying that the wage rates and costs used to determine the compensation provided for in this Contract is accurate, complete, and current as of the date of the Contract. 13.2 The said rates and cost shall be adjusted to exclude any significant sums should the CITY determine that the rates and costs were increased due to inaccurate, incomplete,or non-current wage rates or due to inaccurate representations of fees paid to outside CONSULTANTS. The City shall exercise its rights under this "Certificate"within one(1)year following payment. ARTICLE 14-SUBCONTRACTING 14.1 The CITY reserves the right to accept the use of a SUB-CONSULTANT or to reject the selection of a particular sub-CONSULTANT and to inspect all facilities of any SUB-CONSULTANTS in order to make a determination as to the capability of the SUB-CONSULTANT to perform properly under this contract. The CONSULTANT is encouraged to seek local vendors for participation in subcontracting opportunities. If the CONSULTANT uses any sub CONSULTANTS on this project the following provisions of this Article shall apply: 14.2 If a SUB-CONSULTANT fails to perform or make progress, as required by this Contract, and it is necessary to replace the SUB-CONSULTANT to complete the work in a timely fashion, the CONSULTANT shall promptly do so, subject to acceptance of the new SUB-CONSULTANT by the CITY. The substitution of a subcontractor shall not be adequate cause to excuse a delay in the performance any portion of this contract as set forth in the Scope of Work. 14.3 The CONSULTANT, its SUB-CONSULTANTS, agents, servants, or employees agree to be bound by the Terms and Conditions of this Contract and it's agreement with the SUB-CONSULTANT for work to be performed for the City the CONSULTANT must incorporate the terms of this contract. ARTICLE 15-DISCRIMINATION PROHIBITED 15.1 The CONSULTANT, with regard to the work performed by it under this Contract, will not discriminate on the grounds of race, color, national origin, religion, creed, age,sex or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. ARTICLE 16-ASSIGNMENT 16.1 The CONSULTANT shall not sublet or assign any of the services covered by this Contract without the express written consent of the CITY. Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-20 Page 266 of 660 ARTICLE 17-.NON-WAIVER 17.1 A waiver by either CITY or CONSULTANT of any breach of this Contract shall not be binding upon the waiving party unless such waiver is in writing. In the event of a written waiver, such a waiver shall not affect the waiving party's rights with respect to any other or further breach. The making or acceptance of a payment by either party with knowledge of the existence of a default or breach shall not operate or be construed to operate as a waiver of any subsequent default or breach. ARTICLE 18—TERMINATION 18.1 Termination for Convenience: This Contract may be terminated by the CITY for convenience, upon ten (10) days of written notice by the terminating party to the other party for such termination in which event the CONSULTANT shall be paid its compensation for services performed to termination date, including services reasonably related to termination. In the event that the CONSULTANT abandons the Contract or causes it to be terminated,CONSULTANT shall indemnify the CITY against loss pertaining to this termination. 18.2 Termination for Default: In addition to all other remedies available to the CITY,this Contract shall be subject to cancellation by the CITY for cause, should the CONSULTANT neglect or fail to perform or observe any of the material terms, provisions,conditions, or requirements herein contained, if such neglect or failure continue for a period of thirty(30)days after receipt by CONSULTANT of written notice of such neglect or failure. In the event of non-payment of other material breach of this Contract by CITY, the Contract is subject to cancellation by CONSULTANT should such condition continue for a period of thirty(30)days after receipt by CITY of written notice of breach. ARTICLE 19—,DISPUTES AND VENUE 19.1 Any dispute arising out of the terms or conditions of this Contract shall be adjudicated within the courts of Florida. Further, this Contract shall be construed under Florida Law. Claims, disputes or other matters in question between the parties to this Contract arising out of or relating to this Contract shall be in a court of law. The CITY does not consent to mediation or arbitration for any matter connected to this Contract. The parties agree that any action arising out of this Contract shall take place in Palm Beach County,Florida. ARTICLE 20—.UNCONTROLLABLE FORCES 20.1 Neither the CITY nor CONSULTANT shall be considered to be in default of this Contract if delays in or failure of performance shall be due to Uncontrollable Forces, the effect of which, by the exercise of reasonable diligence, the non- performing party could not avoid. The term "Uncontrollable Forces" shall mean any event which results in the prevention or delay of performance by a party of its obligations under this Contract and which is beyond the reasonable control of the non-performing party. It includes, but is not limited to fire, flood, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage, and Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-21 Page 267 of 660 governmental actions. In such circumstances, parties agree to an equitable adjustment of schedules and prices. 20.2 Neither party shall, however, be excused from performance if non-performance is due to forces which are preventable,removable,or remediable,and which the non- performing party could have,with the exercise of reasonable diligence,prevented, removed,or remedied with reasonable dispatch. The non-performing party shall, within a reasonable time of being prevented or delayed from performance by an uncontrollable force, give written notice to the other party describing the circumstances and uncontrollable forces preventing continued performance of the obligations of this Contract. ARTICLE 21—CITY-PROVIDED INFORMATION AND SERVICES 21.1 CITY shall furnish CONSULTANT available studies, reports and other data pertinent to CONSULTANT'S services; obtain or authorize CONSULTANT to obtain or provide additional reports and data as required;furnish to CONSULTANT services of others required for the performance of CONSULTANT'S services hereunder, and CONSULTANT shall be entitled to use and rely upon all such information and services provided by CITY or others in performing CONSULTANT'S services under this Agreement. ARTICLE 22—.ESTIMATES AND PROJECTIONS 22.1 In providing opinions of cost, financial analyses, economic feasibility projections, and schedules for potential projects, CONSULTANT has no control over cost or price of labor and material; unknown or latent conditions of existing equipment or structures that may affect operation and maintenance costs; competitive bidding procedures and market conditions;time or quality of performance of third parties; quality, type, management, or direction of operating personnel; and other economic and operational factors that may materially affect the ultimate project cost or schedule.Therefore,CONSULTANT makes no warranty that CITY'S actual project costs, financial aspects, economic feasibility, or schedules will not vary from CONSULTANT'S opinions,analyses, projections, or estimates. ARTICLE 23—THIRD PARTIES 23.1 The services to be performed by CONSULTANT are intended solely for the benefit of CITY. No person or entity not a signatory to this Agreement shall be entitled to rely on CONSULTANT'S performance of its services hereunder, and no right to assert a claim against CONSULTANT by assignment of indemnity rights or otherwise shall accrue to a third party as a result of this Agreement or the performance of CONSULTANT'S services hereunder. Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-22 Page 268 of 660 ARTICLE 24-NOTICES 24.1 All notices required in this Contract shall be sent to the CITY and shall be mailed to: City of Boynton Beach Copy to: Attn: Utilities Director City of Boynton Beach 124 E.Woolbri ht Road Attn: Procurement Services Boynton Beach, FL 33435 P.O. Box 310 Boynton Beach, FL 33425 And Notices to CONSULTANT,shall be sent to the following address: CH2M HILL ENGINEERS, INC. 550 W.Cypress Creek Rd Fort Lauderdale, FL 33309 Attn:Gerrit Bulman ARTICLE 25-INTEGRATED AGREEMENT 25.1 This Contract,together with the RFQ/RFP and any addenda and/or attachments, represents the entire and integrated agreement between the CITY and the CONSULTANT and supersedes all prior negotiations, representations, or agreements written or oral. This Contract may be amended only by written instrument signed by both CITY and CONSULTANT. 25.2 In the event of a conflict between a provision of this Agreement and a provision of an individual Task Order,the provision of the Task Order will control. ARTICLE 26-SOVEREIGN IMMUNITY 26.1 CITY is a political subdivision of the State of Florida and enjoys sovereign immunity. Nothing in the Agreement is intended, nor shall be construed or interpreted,to waive or modify the immunities and limitations on liability provided for in Section 768.28, Florida Statute, as may be emended from time to time, or any successor statute thereof. To the contrary,all terms and provisions contained in the Contract, or any disagreement or dispute concerning it, shall be construed or resolved so as to insure CITY of the limitation from liability provided to any successor statute thereof. To the contrary, all terms and provision contained in the Contract, or any disagreement or dispute concerning it, shall be construed or resolved so as to insure CITY of the limitation from liability provided to the State's subdivisions by state law. 26.2 In connection with any litigation or other proceeding arising out of the Contract,the prevailing party shall be entitled to recover its own costs and attorney fees through and including any appeals and any post-judgment proceedings. CITY'S liability for costs and attorney's fees, however, shall not after or waive CITY'S entitlement to sovereign immunity, or extend CITY'S liability beyond the limits established in Section 768.28, Florida Statutes,as amended. Boynton Beach Utilities-General Consulting Services C-23 V.5 CLEAN FINAL Page 269 of 660 ARTICLE 27—PUBLIC RECORDS 27.1 The City is public agency subject to Chapter 119, Florida Statutes. The CONSULTANT shall comply with Florida's Public Records Law. Specifically, the Contractor shall A. Keep and maintain public records required by the CITY to perform the service; B. Upon request from the CITY'S custodian of public records,provide the CITY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in chapter 119,Fla.Stat.or as otherwise provided by law; C. Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and, following completion of the contract, Contractor shall destroy all copies of such confidential and exempt records remaining in its possession once the Contractor transfers the records in its possession to the CITY;and D. Upon completion of the contract,Contractor shall transfer to the CITY, at no cost to the CITY,all public records in Contractor's possession All records stored electronically by Contractor must be provided to the CITY,upon request from the CITY'S custodian of public records,in a format that is compatible with the information technology systems of the CITY. E. IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: (CITY CLERK) P.O. BOX 310 BOYNTON BEACH,FLORIDA,33425 561-742-6061. PYLEJ(a-)BBFL.US Article 28-LIMITATION OF LIABILITY THE PARTIES HAVE EVALUATED THE RESPECTIVE RISKS AND REMEDIES UNDER THIS AGREEMENT AND AGREE TO ALLOCATE THE RISKS AND RESTRICT THE Boynton Beach utilities-General Consulting Services V.5 CLEAN FINAL C-24 Page 270 of 660 REMEDIES TO REFLECT THAT EVALUATION. CITY AGREES TO RESTRICT ITS REMEDIES UNDER THIS AGREEMENT AGAINST CONSULTANT, ITS PARENTS, AFFILIATES AND SUBSIDIARIES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS AND EMPLOYEES, ('`CONSULTANT'S COVERED PARTIES''), SO THAT THE TOTAL AGGREGATE LIABILITY OF THE CONSULTANT'S COVERED PARTIES SHALL NOT EXCEED THE VALUE OF CONSULTANT'S SERVICES UNDER THE ASSIGNED TASK ORDER. THIS RESTRICTION OF REMEDIES SHALL APPLY TO ALL SUITS,CLAIMS,ACTIONS, LOSSES,COSTS(INCLUDING ATTORNEY FEES)AND DAMAGES OF ANY NATURE ARISING FROM OR RELATED TO THIS AGREEMENT WITHOUT REGARD TO THE LEGAL THEORY UNDER WHICH SUCH LIABILITY IS IMPOSED. CLAIMS MUST BE BROUGHT WITHIN ONE CALENDAR YEAR FROM PERFORMANCE OF THE SERVICES UNLESS A LONGER PERIOD IS REQUIRED BY LAW. IN WITNESS 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 %,2Ny day of . 7 20 . ct}.jm /}11-1- 5w&l/voEQS,.s-IVC. CITY OF BOYNTON BEACHgett City Manager CO A T Attest/Authenticated: Title t5 City Clerk Approv a to Form: Attest/Authenticated: i Offi of the Ci ttt ney 1pof-S r ary i Boynton Beach Utilities-General Consulting Services C-25 V.5 CLEAN FINAL Page 271 of 660 EXHIBIT"A" RATE SHEET FEE SCHEDULE FIRM: CH2M HILL ENGINEERS,INC. DATE: March 19 2018 Hourly Personnel Classifications I Rate Principal $298 Project Manager $235 Senior Engineer $259 Process Engineer $107 Sr Electrical Egn. $211 Elec.Egn. $125 Process Control/Inst.Egn. $125 Sr.Mechanical Engineer $192 Mechanical Engineer $116 Engineer $125 Designer $107 GIS Specialist $125 CADD/Technician $116 Public Relations Specialist $189 Construction Inspector $116 Sr.Rate analyst $225 Clerical/Administrative $88 Reimbursable Expenses: Direct costs such as postage,prints,delivery service will be billed at cost. Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-26 Page 272 of 660 EXHIBIT"B" 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 hate a current rating by A.M.Best Co.of"B+"or higher.(NOTE: An insurance contract or binder may be accepted as proof o/insurance if fertificate 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) --------------------------------------------------------------------------------------------------------------------------------- TI�PE (Occurrence Based Only) MINIMUM LIMITS REQUIRED ---------------------------------------------------------------------------------------------------------------------------------- General Liability General Aggregate $L000.000.00 Commercial General Liability Products-Comp/Op Agg. $1,000,000.00 Owners&Contractor's-Protective(OCP) Personal&Adv.Injury $LOK000.00 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 ----------------------------------------------------------------------------------------------._--------------------------------------- Boynton Beach Utilities-General Consulting Services C-27 V.5 CLEAN FINAL Page 273 of 660 EXHIBIT"C" PERFORMANCE EVALUATION FORM CONSULTING ENGINEERS Date: Name of Firm: Office Location: I. Service: (Check One) F�, Planning Study Activity,Report,Other L Design/Engineering Services/Preliminary Bid Document Final Document/Bidding/Contractor Award E Construction Phase/Completion 2. Name of Project: 3. Project Manager: CONSTRUCTION CONTRACT DATA 5. a. Engineer's estimate: $ Final Cost: $ b.Substantial Construction Completion Date: c. Final Construction Completion Date: b. 1 Overall Rating I (Check One) Unsatisfactory Poor Fair Good Excellent 7. 1 Recommended for Future Contracts? Yes No Conditional If other than yes,provide detailed explanation on a separate sheet of a er. 8. Name.title,and office of rating officer(e.g.Utilities Director): 9. Si nature of ratin officer: Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-�$ Page 274 of 660 EXHIBIT"C" PERFORMANCE EVALUATION FORM CONSULTING ENGINEERS(CONTINUED) DESIGN/ENGINEERING SERVICES AND PRELIMINARY BID DOCUMENT PREPARTION PHASE Rate numerically 1 to 5 with 5 being the hi hest score N/A 1. Thorough site investigation 1 2 1 3 4 5 2. Meeting cost limitations 1 2 3 4 5 3. Design/results suitability 1 2 3 4 5 4. Cooperative&responsive 1 2 3 4 5 5. Timeliness of submissions 1 2 3 4 5 6. *Plans clear/detailed 1 2 3 4 5 7. *Plan/s ec accuracy 1 2 3 4 5 *Preliminary administrative/limited staff review/evaluation of levels of clarity, accuracy,and coordination between disciplines. Name and title of rating officer(e.g. Utilities Director): Signature of rating officer: FINAL DOCUMENT PREPARATION, BID,&AWARD BY CONSULTANT Rate numerically 1 to 5 with 5 being the hi hest score N/A 1. Secs afford competition 1 2 3 4 5 2. Secs complete/thorough 1 2 3 4 5 3. Accuracy of documents 1 2 3 4 5 4. Requirements within engineer's estimate 1 2 3 4 5 5. Cooperative attitude 1 2 3 4 5 6. Timeliness of submissions 1 2 3 4 5 7. Pre-bid conference participation 1 2 3 4 5 8. Respons to inquiries 1 2 3 4 5 9. Bid evaluation quality/timeliness 1 2 3 4 5 10. Response to building&permitting agencies 1 2 3 4 5 11. Addendum preparation&permit applications 1 2 3 4 5 Name and title of rating officer(e.g. Utilities Director): Signature of rating officer: Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-29 Page 275 of 660 EXHIBIT"C" PERFORMANCE EVALUATION FORM CONSULTING ENGINEERS(CONTINUED) CONSTRUCTION PHASE COMPLETION Rate numerically 1 to 5 with 5 being the hi hest score N/A 1.-- Drawings Reflect True Conditions 1 2 3 4 5 Z. Plans/Specs Accurate/Coordinated 1 2 3 4 5 3. Design Constructability 1 2 3 4 5 4. Timeliness/Quality of Processing Submittals 1 2 3 4 5 5. Product/Equipment Selection Availability 1 2 3 4 5 6. Field Consultation and Investigations 1 2 3 4 5 7. Quality of Support Services 1 2 3 4 5 8. Overall Construction Contract Administration 1 2 3 4 5 9. Project Closeout Documentation Review 1 2 3 4 5 10. Validityof Claims for Extra Costs 1 2 3 4 5 11. Did Consultant provide sufficient copies of signed plans to allow for timely review and approval by all 1 2 3 4 5 Permitting Agencies? 12. Did the Consultant actively participate in overcoming problems with the Contractor, Building 1 2 3 4 5 Officials and/or Regulatory Agencies? 13. Change Order Processing(Accuracy,Timeliness, 1 2 3 4 5 Documentation,etc. 14. Did the Consultant exercise adequate/effecting coordination and control of subconsultant(s)or 1 2 3 4 5 associates work and paperwork? 15. Proactive Participation in Resolution of Dispute(s)? 1 2 3 4 5 Name and title of rating officer(e.g. Utilities Director): Signature of rating officer: Boynton Beach utilities-General Consulting Services V.5 CLEAN FINAL C-3D Page 276 of 660 EXHIBIT "C" PERFORMANCE EVALUATION FORM CONSULTING ENGINEERS (continued) PLANNING/STUDY ACTIVITY, REPORT,OTHER Rate numerically 1 to 5 with 5 beingthe highest score N/A 1. Thorough investi ation of situation or activity 1 2 3 4 5 2. Cooperative attitude 1 2 3 4 5 3. Timeliness of submissions 1 2 3 4 5 4. Accuracy of documents 1 2 3 4 5 5. Did the Consultant offer cost saving solutions? 1 2 3 4 5 6. Did the Consultant actively participate in problem 1 2 3 4 5 solving? 7. Overall results 1 2 3 4 5 Name and title of rating officer(e.g. Utilities Director): Signature of rating officer: Boynton Beach Utilities-General Consulting Services VS CLEAN FINAL C-31 Page 277 of 660 6.H. CONSENTAGENDA 4/2/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 4/2/2019 REQUESTED ACTION BY COMMISSION: Approve the recommendation of the Evaluation Committee and authorize staff to conduct negotiations with the first ranked firm The Haskell Company of Jacksonville, FL and establish contracts in accordance with Request for Qualifications (RFQ) No. 008-2821-19/TP for Water Quality Laboratory Building Progressive Design/Build and as per Florida Statute 287.055, Consultants' Competitive Negotiation Act (CCNA). At the completion of each phase of the negotiations, the Contracts will be brought back to the Commission for approval. EXPLANATION OF REQUEST: On December 6, 2018, pursuant to CCNA, the RFQ for Water Quality Laboratory Building Progressive Design Build was advertised in the legal notices section of the Palm Beach Post and distributed to one- thousand and fifty (1,050) prospective suppliers via the City's electronic bid management system. The RFQ invited Proposers to submit a statement of qualifications for the design/build of a new Water Quality Laboratory Building. On February 15, 2019, Procurement Services received and opened one (1) proposal in response to the RFQ, which was reviewed by Purchasing Services to ensure that it met with the RFQ's minimum requirements. The single proposal from The Haskell Company was deemed responsive and was forwarded to the Evaluation Committee for review. An Evaluation Committee consisting of Christopher Roschek, Engineering Division Manager, Angela Prymas, Senior Engineer, Holly Daley, Chemist/QA Officer and Juan Guevarez, Manager, Water Quality and Treatment reviewed and ranked the single proposal. The Evaluation Committee was unanimous in their decision to make a recommendation to City Commission to approve the ranking and authority staff to proceed in negotiation a Contract for the first phase of the work with the number one (1) ranked firm, The Haskell Company. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Approval of this request will allow City staff to begin negotiations with the top ranked Progressive Design Build firm to develop a cost for completion of the first phase of the project. As part of the project, a new water quality laboratory building will be constructed to replace the existing laboratory facilities at the West Water Treatment Plant. The existing facilities have reached the end of their useful life and are in need of replacement. The new building will be built on City-owned land adjacent to Fire Station No. 2 at 2165 Woolbright Road. The new building will provide all of the needs of the water quality laboratory and will be constructed to comply with a sustainable building rating system or a national model green building code. FISCAL IMPACT: Budgeted There is no fiscal impact as a result of this approval until a contract for the first phase (along with subsequent phases) has been negotiated with the Progressive Design Build firm, and will be submitted to the Commission for approval. The existing funds are budgeted for this project in the Utilities FY2018/19 CI P budget. ALTERNATIVES: Page 278 of 660 Do not approve recommendation. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Attachment Notice of Intent® Haskell Company D Attachment Submittal ® Haskell Page 279 of 660 The City of Boynton Beach PROCUREMENT SERVICES P.O.Box 310 Boynton Beach,Florida 33425-0310 361-742-6310 '%1 Fax:(361) 742-6316 NOTICE OF INTENT TO NEGOTIATE/AWARD SOLICITATION NO. RFQ NO. 008-2821-19/TP SOLICITATION TITLE: WATER QUALITY LABORATORY BUILDING PROGRESSIVE DESIGN/BUILD (REBID) DATE OF NOTICE: MARCH 19, 2019 At the public ranking meeting held on March 13, 2019, the Selection Committee for the above referenced solicitation scored and ranked the submittals as follows: Rank 1: The Haskell Company This Intent to Award will be presented to City Commission as a recommendation to approve the Selection Committee Rankings and authorize staff to proceed in negotiations with: The Haskell Company. This Notice is conditioned upon and subject to the City of Boynton Beach's reservation of rights as contained in the RFP documents and approval by the City Commission. In accordance with Section 2-355 of the Palm Beach County Code of Ordinances, the Cone of Silence remains in effect for this solicitation until award, rejection or other action is taken by the applicable award authority to otherwise end the solicitation process. Submitted by: Ilyse Triestman, CPPO, CPPB, FCCN Purchasing Manager America's Gatewayto the Gulfstream Page 280 of 660 u 0 r r � die , if„ IL - .a ��''4 i Vit` I� t IA wwa, k2 t ''T �� O N 0 IL IWO ��4s; i �� � 1}�t �tis itdkt2 r�F�11 .•�-�')�{{ ,;r � in n' u d � C ® C &j , d 16 M M to CC o °01 QI W 66 c O E w a' C m o ° LA m c m m Z .��° w°- Nu c o C m a E o H c `o �d ° w ° c .0 m d u. n`s c c vow c c a wr c rt pio ® at am v ° v _ _ v > 4j Z u w ° oyd �y- a L wa v 'u Y a v cL Cc v a o J u, ° d Cd Ud � n in c® r. 0 MAY ry ". - +7 �v n < p iA "IJ If . 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SA 2 i2 z 6 a 0 I a 0Q E m of -0 (D -0 2 > a 0 0 cy E. 2 E = as E E2 8 2, d. E 0 $3 0 0 E E R o a . . . > - T 2' M . . .0 ?: E ZAR -0 0 o 06 a 0 E a a o a 0 3: 2 w E, 6 — . t 'R 2 E 2 0 W E ' 0 1:6 LU 'S E a 2 J p 06 936 0 ID 4A00 0 X: E ri co O O LO N a) O) (6 ITI d O � a1 O C C N C O ®� ca Y 0 C O O a9 Z C L O n' e'V E as U j v w 0 W E ® a UOD a c p ci a) a) m W is a' � ?' `m =w c m U e O c (D ch o m o m N w Clz mw o O c ins w aa) cm o� v �n 16-5 _E V v cw > �o E� c a) UNS> -® Co-E U cc = b C N S' co 07 Q g o(� V z N a3 � py L w O N �E rA _„ o _m g C V a) p cam N 8 O C y O d ' O � b Lki m O Cl)NC O 7 N p U a) l9 O V C J (9 O .f5 a) O c L 0. W O U n.mCM 2 c3 m C Ll. U y O a7 C, c O O E m m O w a)o w a9 C E ti L N J O N C y : a) o Q o v 3 o U a O n a R `" E E c ros n io.® a 8 c c C C v a O d ® U a� y mo e- aE — `o E — o Y M M x c > ® v m ,v_ en yr s ®- C Y ai ti as y m c > co w e C ays c m o > o) ui p E o Y cm O y a .. `t —W � a) :� m 1O a"s ro o w p y, s N o ® w M E h ® p fA A > U h Z ` o W m ~ d Z CA ae O c N O y > N y mE E d y}U a 2 U 0 tt=— cu d ci ® ai ®i t c E b F x a) v I- eo CA M Z Q U Fes- Lca L r F N 3. If Proposer is an individual or a partnership, answer the following: N/A a. Date of organization: b. Name, address and ownership units of all partners: c. State whether general or limited partnership: 4. If Proposer is other than an individual, corporation or partnership, describe the organization and give the name and address of principals: N/A 5. If Proposer is operating under a fictitious name, submit evidence of compliance with the Florida Fictitious Name Statute. N/A 6. How many years has your organization been in business under its present business name? 19 Under what other former names has your organization operated? Continental ConstEuctkmCompany The Preston H. Haskell Company 7- Indicate registration, license numbers or certificate numbers for the businesses or professions, which are the subject of this Bid. Please attach certificate of competency and/or state registration. State offlorida Certificate No. F08000004 Architecture License No. AAC000281 Engineering License No. 906 General Contracting No. CGC1510510 8. Did you attend the Pre-Proposal Conference if any such conference was held? YES a] NO 9. Have you ever failed to complete any or awarded to you? If so, state when,where and why: No, we have never failed !g_22222!21e any work awarded to us. Water Quality Laboratory Building 26 Page 358 of 660 10. List the pertinent experience of the key individuals of your organization (continue on insert sheet, if necessary) This tion a found i life tions ro' a ro' t Members) and Availability of Specialty Resources. 11. State the name of the individual who will have personal supervision of the work: Chris Ware 12. State then and address of attorney, if any, for the business of the Proposer: 11 9400 North Broad ay Oklahoma City, OK 73114 13. State the names and addresses of all businesses and/or individuals who own an interest of more than five percent(5%) of the Proposer's business and indicate the percentage owned of each such business and/or individual: Haskell is 100 14. State the names,addresses, and the type of business of all firms that are partially or wholly owned by Proposer: H.R. Seiberling,A Haskell Company 655 3rd St. Beloit, 1533511 (Engin Bering and Consulting) Fre emanWhite,A Haskell Company 8845 Red Oak Blvd. Charlotte, NC 28217(Healthcare) Benham,A Haskell an 00 Orth road a , laa i 711 (AE and design-build) 15. to the name of Surety Company which will be providing the bond (if applicable), and name and address of agent: Annette 0 AVP Sr. reti Account Executive 3475 Piedmont Road, NE Atlanta, GA 30305 Water Quality Laboratory Building 27 Page 359 of 660 16. Annual Average Revenue of the Proposer for the last three years as follows: Revenue Index Number a. Government Related Work 10 0 Z I rM I FNon-G vemmenta.I Related Work Total Work[a +hb)- 20 Revenue Index Number 1. ess than $100,000 2. 100,000 to less than $250,000 3, 250,000 to less than 1500,000 t. 500,000 to less than $1 million Le 2 5 ss 00 0 00 t 0 h '0 '0 a 0 0 0 n 0 0 0 t t t 0 0 0 1 0 e 'e 0 s a es s s s 5 0 th th th 0 a a a n n 2 5 L n $1 IL-5 han $2 s t ha n $5 J� Dth :n�$1O rn�ll!iqn 5 1 t a $ lion to le s than t $' ----------- s han a 0 t r I million to less than $2 million 10 2 million to less than $5 million 5 million to less than $10 million 10 mil!on to ss than $25 million 25 million to less than $50 million 10. 50 million or reater 17. Bank References: Bank Address Telephone Beth Gordon,Wells Fargo Center, one independent Dr.Jacksonville, FIL 32202 (922LI51-7306 Pamela Miles, TlAA Bank,501 Riverside Ave. Suite 1100,Jacksonville, FL 32202(904)623-8417 Christopher Clark,TD Bank, 9715 Gate Parkway, North,Jacksonville, FL 32246 (904)265-2504 18. Provide description of policies and methods for project monitoring and budgeting control as well as adherence to project schedule(continue on insert sheet, if necessary). —Mis-info Innovative Ideas that Will Creativity and Innovation in Project Approach and Solution Selection Options, 19. Provide descriptions of quality assurance/quality control management methods(continue on insert sheet, if necessary): Approach and Solution Selection Options. 20. Is the financial statement submitted with your proposal (if applicable) for the identical Water Quality Laboratory Building 28 Page 360 of 660 organization named on page one? NIA. We are not required to submit a financial statement. NO 21. If not, explain the relationship and financial responsibility of the organization whose financial statement is provided (e.g., parent-subsidiary). 1 22. What will be your turnaround time for written responses to City inquires? We ill Epppond i!LLAruin ithin 24 hours. 2 . List and describe all bankruptcy petitions(voluntary or involuntary)which have been filed by or against the Proposer, its parent or subsidiaries or predecessor organizations during the past five (5)years. Include in the description,the disposition of each such petition. . List all claims, arbitrations, administrative hearings and lawsuits brought by or against the Proposer 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. As a large and highly diversified consulting, design and construction firm, Haskell is periodically named s a Dartvto a lawsuit or partipipgtes in dispute resolution. HaskeLjs n in claims, disputes and litiction of the types n in amounts consistent with the size of the ny and the services rovi in the ordinary course of business. Most actions are dismiggedwithout contribution from Haskell or result in no finding of liability of our firm.At the present time, no actions are pending that will impact our financial status or affect our ability to perform any project. . List and describe all criminal proceedings or hearings concerning business related offenses to which the Proposer, its principals or officers or predecessors' organization(s) were defendants. There are no criminal proceedings or hearings being conducted with Haskell's business, its principals, officers or predecessor's organizations. Water Quality Laboratory Building 29 Page 361 of 660 26. Has the Proposer,its principals,officers or predecessors'organization(s)been convicted of a Public Entity Crime, debarred or suspended from bidding by any government during the last five(s)years? If so, provide details. The Proposer acknowledges and understands that the Information contained in response to this Qualification Statement shall be relied upon by owner in awarding the contract and such information is warranted by Proposer to be true. The discovery of any omission or misstatement that materially affects the Proposers qualifications to perform under the contract shall cause the owner to reject the proposal, and if after the award, to cancel and terminate the award and/or contract. ( i ) (Title) rou sident Subscribed and sworn to before me This 15th day of , 2019 LEWEFHU r i. Notary Pubfk-State of FloridaT, missions 258558 r'`` Comm.Expires Sep 13,2022 Notary Public(Signature) Banded gh NAtionat Notary Assn. 10 My Commission it :�, 1 .. THIS IWITH RESPONSE IN ORDER FOR PACKAGE CONSIDEREDTO BE LACCEPTABLE Water Quality Laboratory Building 30 Page 362 of 660 i, Y� X!,111fs ` 1+ r+ 5 x - �1 , Page 363'of 660 i F c tii t s�, ikgilll t Fcr } , �� 1'• w I� t lis yh lSir 2Ft ; cit ��1 i ty � StGlr F ssi 1%. HASKELL �� � ARCHITECTURE•ENGINEERING•CONSTRUCTION thY� tit—Sgt r 4jt1 q )�t www.haskell.com �� { 4t � 1 4 6.1. CONSENTAGENDA 4/2/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 4/2/2019 REQUESTED ACTION BY COMMISSION: Approve the minutes from City Commission meeting held on March 19, 2019. EXPLANATION OF REQUEST: The City Commission met on March 19, 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 Minutes Minute 0 -19-19 Page 365 of 660 MINUTES OF THE CITY COMMISSION MEETING HELD AT THE INTRACOASTAL PARK CLUBHOUSE 2240 N. FEDERAL HIGHWAY, BOYNTON BEACH, FLORIDA ON TUESDAY, MARCH 19, 2019, AT 6:30 P.M. Steven B. Grant, Mayor Lori LaVerriere, City Manager Christina Romelus, Vice Mayor (arrived 6:40 pm) James Cherof, City Attorney Justin Katz, Commissioner Judith Pyle, City Clerk Mack McCray, Commissioner Aimee Kelley, Commissioner 1. OPENINGS A. Call to Order Mayor Grant called the meeting to order at 6:32 p.m. Invocations Reverend Woodrow Hay gave an invocation, as well as Father Dan Fink, St. Mark Catholic Church. Pledge of Allegiance Pledge of Allegiance to the Flag led by Commissioner Amiee Kelley Roll Call City Clerk Pyle called the roll. All members were was present. Accept the Official Election Results from the March 12, 2019 Municipal Election. City Clerk Pyle announced the results of the municipal elections of March 12, 2019. City Clerk Pyle swore in members of Commission: Steven B. Grant as Mayor. Justin Katz as Commissioner District 1 Mayor Mack Bernard swore in Christina L. Romelus as Commissioner District III, City Clerk Pyle swore in Tyrone Penserga as Commissioner District IV, Presentation of Plaque to Aimee Kelley. Mayor Grant presented a Plaque to Commissioner Aimee Kelley for her Service to the City of Boynton each. Page 366 of 660 Meeting Minutes City Commission Meeting Boynton Beach, Florida March 19, 2019 ............................................................................................. ....................... .......................................................................................................................... .....................................1-1-............... ....................................................... Commissioner Kelley thanked the Commission for the opportunity to serve and appreciated the Commission's commitment to the City of Boynton each. Commissioner McCray thanked Commissioner Kelley for her service. Mayor Grant called for nominations for Vice Mayor, Motion Commissioner Romelus moved to appoint Commissioner Justin Katz as Vice Mayor. Commissioner McCray seconded the motion. Mayor Grant asked if Commissioner Katz was in agreement with the nomination. Commissioner Katz replied yes. Vote The motion unanimously passed. Clerk Pyle swore in Commissioner Justin Katz as Vice Mayor Agenda Approval: 1. Additions, Deletions, Corrections Mayor Grant requested to table items 8E and 12B to the April 2, 2019 meeting. Add item 3-B, Announcement of South Florida Police K-9 competition. Requested to move item 11- A 1-A and 11- in front of the Consent Agenda. Mayor Grant requested a motion to table items 8E and 12B to the April 2, 2019 meeting. Motion Commissioner Romelus moved to approve. Commissioner McCray seconded the motion. Vote The motion unanimously passed. Mayor Grant requested to add item 3B to agenda, Announcement of South Florida Police K-9 Competition. Motion Commissioner Romelus moved to approve. Commissioner McCray seconded the motion. 2 Page 367 of 660 Meeting Minutes City Commission Meeting Boynton Beach, Florida March 19, 2019 I..........................--......................................................................................................... ...........................I................. .................. .................................................................................................................................................................................................................. Vote The motion unanimously passed. Mayor Grant requested to move item 11 A before the Consent Agenda. Motion Commissioner Romelus moved to approve. Commissioner McCray seconded the motion. Mayor Grant requested to move 11- before Consent Agenda Motion Vice Mayor Katz moved to approve. Commissioner Romelus seconded the motion. to 4-1 (Commissioner McCray dissenting) Commissioner Romelus requested to add item 11-D, Consideration of Removal of Advisory Board Member, Motion Commissioner Penserga moved to approve. Commissioner McCray seconded the motion. Vote 4-1 (Mayor Grant dissenting) 2. Adoption Motion Commissioner Romelus moved to approve the agenda as amended. Commissioner McCray seconded the motion. Vote The motion unanimously passed. 3 Page 368 of 660 Meeting its City Commission Meeting Boynton each, Florida March 19, 2019 ................................................................................................................................................................... ................................................................. ....................................................................................................................................................................................................... 2. OTHER A. Informational items by Members of the City Commission Commissioner Katz disclosed he met with Bradley Miller of Miller Land Planning. He thanked the voters for the validation of the past three years. It was an honor to serve the City of Boynton Beach. He was looking forward to serving the next three years with the City of Boynton. Commissioner McCray disclosed he met with Village of Golf Mayor Thomas Lynch and Christine Thrower, Village Manager of Golf. He congratulated all newly selected Commissioners. Commissioner McCray provided some advice to Commissioner Ty, that he was now a Commissioner 24/7. Commissioner Romelus thanked God and her family for their support and their endurance. Indicated this past campaign was very stressful. Thanked her mentor Mayor Mack Bernard who swore her in today and is an amazing friend and mentor. Unity is strength, for those who stood behind her in this campaign. She thanked staff for all their work. It was her honor to serve the City as their Commissioner. Commissioner Penserga disclosed he met with Bradley Miller of Miller Land Planning, discussing his concerns regarding County Trails. He thanked everyone who supported him in his campaign, including the Firefighters, Police and nurses for knocking on doors. He felt he ran a clean campaign and looked forward to serving all of Boynton Beach. Mayor Grant thanked his wife for her support, encouragement and love. He thanked all of those who supported him from the front end as well as the back end. He thanked his family and friends, the International Association of Firefighters, Fraternal Order of Police, Police Benevolent Association, Equality Florida, Palm Beach County Human Rights Council, and the Realtor Association of Palm Beach and Ft. Lauderdale. He appreciates all the support and the candidates that ran. When campaigning, his mission was to make Boynton each a better place. He was looking forward to being part of Boynton Beach centennial next year. He looks forward to growing the community. Mayor Grant noted on March 8th he attended the Veterans Association in Leisureville. March 9th attended the Hunger Walk with Community Caring Center of Palm Beach County. March 10th attended the Leisureville Jubilee and participated in the parade. March 14th he attended the Love of Literary event. He disclosed he spoke with Jeremy Shear regarding Taco Bell. He attended the Schoolhouse event. March 16th attended the Blarney Bash sponsored by the City of Boynton Beach CRA. Spoke with Bradley Miller and had a discussion with PEACE. Commissioner Romelus noted she met with Bradley Miller of Miller Land Planning and spoke with members of Coastal Bay. She disclosed she met with individuals of PEACE. She thanked Commissioner Kelley for her service. 4 Page 369 of 660 Meeting i e City isiMeeting Boynton FloridaMarch1 _................................................................................................._...._.................................. ................................................................................................................................................._._._.............._._..........._........................ ................................. ..._.... ..................... COMMUNITY3. ANNOUNCEMENTS, I PRESENTATIONS A. Announce the 2019 Boynton Beach Firefighters Fishing Tournament & Chili Cook-off, Saturday April 6, 2019 at Boat Club Park 2010 N. Federal Highway Boynton Beach Florida By Chief Joseph. Christopher Lemieux, Firefighter, announced the 14th Annual Boynton Beach Firefighters Fishing Tournament & Chili Cook-off, on Saturday April 6, 2019 at the Boat Club Park 2010 N. Federal Highway Boynton Beach, Florida. They have a retired firefighter preparing pulled pork. Mr. Lemieux stated the event would serving beer this year. He noted as of March 19, 2019, they have 57 registered boats, and 8 chili teams. B. South Florida Police -9 Competition Mayor Grant announced the South Florida Police K-9 Competition. This was a free event, with food, drinks, and raffle prizes. The event will take place March 23rd, 2019 at the Boynton Beach High School, from 2pm to 8pm. Police Chief Gregory invited everyone to come out and enjoy this event. Mayor Grant called for a recess. (7:94-7:2p ) PUBLIC4. I INDIVIDUAL SPEAKERS W ILL BE LIMITEDMINUTE PRESENTATIONS (at the discretionChair, this 3 minutell nee to be adjusted dependinglevel of businessi rCity Commission) Susan r, 140 E 27th Way, congratulated all elected to the board. Earth hour was March 30, 2019 from 8:30-9:30 pm. She encouraged everyone to turn off their lights. She read an article from the newspaper regarding development in Delray Beach and asked Boynton to listen to the people, not to the developers. Brenda illi s 337 NE 24 Avenue, had spoken with Commissioner Romelus about a house that was abandoned, and how people where dumping trash outside the house. Mark Woods from Community Standards had the house cleaned up within two days. She wanted to come and thank Commissioner Romelus for being a person of her word. William Lee, 3208 Tuscany , expressed concern about safety at the intersection of S.E. 23rd and Federal Highway. The Palm Beach Post, considered this one of the most dangerous intersection, for the first quarter of 2018. He requested records from the police department regarding the number of red-light violations for S.E. 23rd and Federal Highway. There were 10,484 red-light violations. There are elderly people crossing the 5 Page 370 of 660 Meeting Minutes City Commission Meeting Boynton Beach, Florida March 19, 2019 .......................................................-.................................................................................................................................................................................................. ..............................I......................................................................................................................................--.............. street as well as children going to school. The traffic study estimated 499 more cars each day. The Planning Board voted unanimously not to approve this project. Commissioner cCray stated two of those violations belong to him. Golene Gordon, 230 Lake Monetary Circle, offered congratulation to the Commission, Mayor Grant and everyone who won the election. Brian Daley 3218 Tuscany Way, strongly opposed the drive thru for the Taco Bell. Dr. it Blass 113 Tarra Lakes West, announced he would be running for the United States Congress. He loves the City of Boynton each and noted the City of Boynton Beach should move forward with the public private partnership. He wants to get energy from the gulf stream. He has a plan for a very tall building. They have plans to reduce crime in the City to zero. He would be a strong voice for the City of Boynton each. 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 (N/V Stu) openings exist: Building Board of Adjustment and Appeals Education and Youth Advisory Board Historic Resources Preservation Board Library Board Recreation and Parks Senior Advisory Board Mayor Grant announced openings on each board. He indicated there were no applicants. (Item 11-A heard at this time) Item 11- Approve -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 for the March 19, 2019) 6 Page 371 of 660 Meeting Minutes City Commission Meeting Boynton Beach, Florida March 19, 2019 ................................................................................................................................................................................................................................ .............................................................................................................--........................................................................................................................- Motion Commissioner McCray moved to remove item from the table. Commissioner Romelus seconded the motion. Vote The motion unanimously passed. Mayor Grant read item 11. into the record. Lynne Gassant, Executive Director Scholar Career Coaching thanked Commissioner Romelus for the opportunity and the donation. She sits on the Education and Youth Advisory Board for the City of Boynton each. The program has mentored over 200 students and has awarded more than 22 scholarships. There are 41 students in college now, thanks to sponsorships and community involvement. Scholar Career Coaching collaborates with local high schools. Carl Decants thanked Ms. Gassant for providing an opportunity for this program. This program changed his life; he is now in his first year of college. Mayor Grant inquired about the next scheduled event. Ms. Gassant replied the next event was the fifth Annual Scholarship Awards Ceremony and Luncheon on Sunday, June 9f 2019, at Benevento Restaurant in Boynton each. The General Admission is $60. Motion Commissioner McCray moved to approved. Vice Mayor Katz seconded the motion. Vote The motion unanimously passed (Item I 9- heard at this time) Item 11-13 PEACE Community ID program.(People Engaged in Active Community Efforts) Commissioner McCray disclosed he was a member of St. John Missionary Baptist Church and stated the Pastor requested members come out in support of this program. 7 Page 372 of 660 Meeting i City issiMeeting Boynton cFloridaMarch1 ................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Jill Hanson, member of the Executiver I , congratulated all the new members. Explained the Community ID of the Palm Beaches was a new program administered by the Legal Aid Society of Palm Beach County. It seeks to make Palm Beach safe, inclusive, and a welcoming place for all the residents. She provided a listing of people who may need an ID. This program mirrors the Faith Action program. The City of West Palm Beach was participating in the program and has allocated $40,000 to the program. Minister James Rory, St. Jon Missionary BaptistChurch, member of PEACE, stated the City of West Palm Beach has allocated $40,000 to PEACE. They are here to request the City of Boynton Beach follow the City of West Palm Bach and have the City of Boynton Beach accept Community ID in the City, and allocate $15,000 to the ID program. She pointed out there are 58 members in attendance tonight. This issue was very important. Cheryl Lynch ler, First Congregation Church of Lake Worth, was homeless, now she is no longer homeless. Provided some information regarding another homeless people. The I D was a ticket off the streets. She asked the City of Boynton Beach take the steps to get the Community ID program established. Reverend r t" Avenue, Associate Minister at St. John Missionary isChurch r of PEACE, sees residents in Boynton Beach who need ID's. One of the challenges, which they face daily, was no form of legal ID. $15,000 is a small price to pay for City residents to feel included. The City of Boynton Beach is the third largest City in Palm Beach County. He implored the City to lead the way and set the example for other cities to follow. Vanessa Coe, Senior Attorney for Legal Aid Societyembraced the idea of a Community ID program. Gloria Grosbie, 327 Boynton Beach Circle, advocates for the mental health of the community. She was responsible for 56 individuals, and 26 of those do not have an I . Many of these people are homeless. Mayor Grant indicated there was a lot of legal work the staff must review before this program could move forward. He does not believe that they could move forward tonight, but would like to have a consensus. This was the first step in having a Community I program within the City of Boynton Beach. Vice Mayor Katz indicated he understands the motivation behind the Community I program. He was not in a position of allocating taxpayers funds for what was in his opinion Sanctuary IDs. If there are legitimate struggles with individuals entitled to US issued IDs and this City can put together efforts to assist them he stands by that. This issue has been settled and he cannot in good conscience vote to allocate funds to an organization which will create a non-government issued to individuals which are not eligible to obtain Page 373 of 660 Meeting Minutes City Commission Meeting Boynton Beach, Florida March 19, 2019 .............................................................................................................................................................. ......................................................................... .....................I.................I................. ......................................... I......................................................... government issued ID due to lack of legal status. He understands there are other categories; they need to have help to receive the ID's. Commissioner cCray indicated he would not be supporting this item. His reasons were the County Commission has not bought into this, the League of City nor has the Sheriff department bought into this. This was an embarrassment for the Church to come and ask the City for $15,000. When Christ Fellowship came into Boynton each, they wanted to be a part of the Community, they pledged $25,000 to the City of Boynton each. Commissioner Penserga thanked everyone for speaking about their personal experiences. He was open and willing to learn more about the program. At this time, he required additional information. Mayor Grant asked for a motion to table or it will die for a lack of a motion. Died for a lack of a motion. 6. CONSENT AGENDA Matters inthis section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval oft action indicated in each item, with all oft accompanying material to become a part oft Public Record and subject to staff comments Commissioner Romelus pulled item E. A. PROPOSED RESOLUTION NO. R1 9-029 -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. B. PROPOSED RESOLUTION NO. R19-030 Approve utilizing the Kansas City, MO through the US Communities cooperatives purchasing program contract# EV2370 with Graybar Electrical Company of West Palm each, 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 be installed in Sara Sims Park. D. Approve increase of$2500 to blanket Purchase Order 190052 from $24,048.60 to $26,548.60 to V Cleaning Corporation for Janitorial services at the Utilities Buildings. 9 Page 374 of 660 Meeting Minutes City Commission Meeting Boynton Beach, Florida March 19, 2019 ..............................-.............-..........................................................................................- ...........................-..........................................................................................................................................................- ................................................................................................ E. Approve revisions to and addition of a project(s) to the Fiscal Year 2018-19 approved surtax projects. Tim Howard, Assistant City Manager, explained the item was adjusting some projects in the Government Surtax program and adding a new project. Some approved projects have been completed with in-house staff. Public Works requested those funds be rolled into a new project for Rolling Greens. This project will modify the existing structure and area at Rolling Green to relocate Forestry and Grounds to the site. Commissioner Romelus commented they were able to save more than $130,000 in savings and now they are able to add additional projects, which was not originally slated. The Public Works Department were being good stewards of the City of Boynton each funds. Motion Commissioner McCray moved to approve. Vice Mayor Katz seconded the motion. Vote The motion unanimously passed. F. Approve the one-year extension for s/ ids and /or piggybacks 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. Mayor Grant asked for a motion to approve the consent agenda. Motion Commissioner McCray moved to approve the Consent Agenda as amended. Commissioner Romelus seconded the motion. Vote The motion unanimously passed. 10 Page 375 of 660 Meeting Minutes City Commission Meeting Boynton Beach, Florida March 19, 2019 .................I................................................................... _­....................................­.................................................................................................................................................... ..............I...............-................................. ...................................................................................................... 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. Mayor Grant requested an explanation. Tim Howard, Assistant City Manager, explained the City requested pricing to rent trucks on an as needed basis. The item was for different size trucks. The request was to award primary and secondary vendors to access immediately; the vendor grantee of pricing was for a year. In the event a truck breaks down the City has access to a primary and secondary vendor to rent trucks. The vendor has a fixed price for one year. Mayor Grant asked for the daily rate of the trucks. Mr. Howard stated the rates are from $600 to 1700 daily. Mayor Grant asked if there was a cost to enter into this agreement. Mr. Howard responded no. Commissioner cCray asked how much the City spends on rental trucks last year. Mr. Howard responded if the City rented a truck for a month, it would cost $40,000. Commissioner cCray inquired if $100,000 was enough funds allocated. Mr. Howard believed $100,000 would suffice. The City has purchased new trucks for its fleet. Motion Commissioner cCray moved to approve. Vice Mayor Katz seconded the motion. Vote The motion unanimously passed. 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 11 Page 376 of 660 Meeting its City Commission Meeting Boynton Beach, Florida March 19, 2019 ................... .................................----.....................- .............................................................................................................I.................................................................................................. ..........................................................................................-- -- contingent upon mutual approval and termination that renewal is in the City's best interest. Motion Commissioner McCray moved to approve with discussion. Commissioner Romelus seconded the motion. Tim Howard, Assistant City Manager, explained this bid was for chemicals used on a daily basis by the Utility Department. There were two bids received. This would be done on an as needed basis. The City has spent between $75,000 to $110,000 between 2017 and 2018. The $210,000 was based on the estimated quantity used. Commissioner McCray inquired if staff only spent $75,000 to $110,000, why was staff requesting $210,000. Mr. Howard responded this would allow staff to order supplies without coming back to the Commission for an increase. Mayor Grant asked if the price increased from last year. Mr. Howard indicated the price did not go up drastically; there was an estimate in quantity. Mayor Grant questioned if the estimation times the price equals $210,000. Mr. Howard said yes. Vote The motion unanimously passed. 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 each, 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 guaranty's. Mayor Grant read Proposed Resolution No. R1 9-031 into the record by title only. Motion Commissioner McCray moved to approve. Commissioner Pensega seconded the motion. Commissioner McCray inquired what the City was buying for this amount. 12 Page 377 of 660 Meeting Minutes City Commission Meeting Boynton Beach, Florida March 19, 2019 ............­.......................................................................................I I .-...................................................................... ....................... ................................................................................................................................................................................__­............ Colin Groff, sitant City Manager, responded this was an existing tank, which was old and needed replacing. This was actually a chlorine tank. Commissioner McCray asked the age of the tank. Mr. Groff stated the tank was 10 years old. The average life of these tanks was between 10 and 20 years. Vote The motion unanimously passed. 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. Mayor Grant read Proposed Resolution No. R1 9-032 into the record by title only. Motion Vice Mayor Katz moved to approve. Commissioner McCray seconded the motion. Commissioner McCray asked if staff could clarify these are handheld radios. Vote The motion unanimously passed. 8. PUBLIC HEARING 7 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. A. PROPOSED ORDINANCE NO.19-004 - SECOND READING - Approve Boynton each all 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 each all DRI from the list of DRI-classified sites. Applicant: City- initiated. (TBD upon return with State approval) 13 Page 378 of 660 Meeting Minutes City Commission Meeting Boynton each, Fl ,orida March 19 2019 .............................................................I .............. ............................................................. ............. ........................-............­_......................................................................................................... ..................................................-....................................... 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) Motion Commissioner cCray moved to remove Item 8-13 and 8-C from the table. Vice Mayor Katz seconded the motion Vote The motion unanimously passed. Attorney Cherof read the proposed Ordinance No. 19-001 into the record by title only. Attorney Cherof administred an oath to all those wishing to testify. Bradley Miller, Miller Land Planning representing, Marc Julien Homes, advised the subject was a 5.17-acre parcel currently developed with one single-family home. The communities of Serrano, the Village of Golf, and Silver Lakes, isolates the property. The only access is through the community. Mr. Miller indicated the applicant would like to have the property annexed into the City of Boynton each. The developer plans to construct twenty-six (26) single-family homes. The annexation, FLU M amendment, rezoning and the new site plan can be processed concurrently. Mr. Miller stated this parcel was a pocket belonging to the County, and annexation meets the statutory conditions needed by the City of Boynton each. Mr. Miller continued to say the property was contiguous to the boundary of the City of Boynton Beach. The proposed Florida Land Use (FLU) and zoning designations are consistent with the surrounding areas. The single-family home development was consistent with the neighborhood's established land use patterns. 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 Serrano at Country Lakes 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 would be unlikely for a negative impact of the community. There are three proposed models. All models are two stories. The project includes an amenity area including a swimming pool and cabana. The development proposes single- family residences in contemporary architectural styles. Each model has two variations, one with a pitched roof and one with a flat roof. Mr. Miller explained Mr. Bailey was the previous owner and refused to sell his property when the other properties were annexed. There was one building on the property with an 14 Page 379 of 660 Meeting is City Commission Meeting Boynton each, Florida arch 1 , 1 ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................... existing lake. The lake was not for drainage. There was only one legal access to the property. When Serrano came through, part of that approval and recorded plat for Serrano grants an access easement, which goes through the community. There is no legal access from Silver Lakes or the Village of Golf. The request is for approval of an annexation in the unincorporated area of Palm Beach County. The City of Boynton Beach Comprehensive Plan requirement was to apply for a Land Use Designation and a zoning designation. The Land Use requested was Low Density Residential (L ). Mr. Miller explained this LDR allows for a density between 0- 7.5 units an acre. The County zoning has set the density for 5 units per acre. The 5 units equates to 26 lots, which was what the applicant has requested. The developer was requesting the zoning as a Planned Unit Development (PUD), which gives the City more control, conditions of approval, which the developer has agreed, including the site plan. Mr. Miller indicated he met with the resident representatives from Silver Lakes, Serrano, as well as the Mayor of Golf and City Manager for the Village of Golf. This meeting was to resolve some issues. The parcel is within two different municipalities, indicated the blue line separate the parcel from the City of Boynton Beach limits. This parcel was the only property not in the City. As stated before this area was a pocket and would benefit the City of Boynton Beach. Currently they are under the jurisdiction of the County. The zoning is agricultural residential. Two maps of the Comprehensive Plan stated the density allowed was 7.5 unit per acre. They are remaining consentient with the County designation. The land use is consistent with the area surrounding the area. Mr. Miller made a comparison of Serrano, which has forty-seven single-family homes. The community was built about 2006 and has three, four and five bedroom single-family homes. The community has both single story and two story homes. Mr. Miller also compared the Silver Lakes community, which was a gated community of 169 single-family homes. In summary, the applicant was requesting the parcel to be annexed, proposed density of 5 units per acre. It included a berm, fencing and development plan, hedge material and screening for security for Silver Lakes. Explained there are direct economic development benefits for the City of Boynton Beach. In addition, as noted in response to the criterion, increasing the single-family home supply would be of benefit to the City. They would be adding some traffic calming in the area. The developer has agreed to the reconstruction of signage, to allow for the developer's signage. Mayor Grant opened up to public comments. 1 Page 380 of 660 Meeting Minutes City Commission Meeting Boynton Beach, Florida March 19, 2019 ...........I.................................. ....................................................................................................................................... ............................. ..................................................................................................................................................... ............................................... ................--- Robert Long 1620 Palmland lives in the 80-year-old community. He explained they have a park and building a new Senior Center. Serrano has 50 homes; there are 268 homes that are being supported by Palmland. He was concerned about the traffic on the road. Mayor Grant spoke with Palm each County regarding the current traffic signal. They are doing 30 seconds. He inquired about an additional 26 homes and was told by Palm each County that an additional 26 homes would not have an impact on the traffic, and stated this was being monitored. Mr. Long inquired who was going to be responsible for Palmland road. With all the trucks going on the road, this would tear the road up. He wanted to know who was responsible for the repair of the road. Mayor Grant responded he would check to make sure that it was a public road. This would be reviewed at the next budget cycle. Cheryl Levin, Attorney representing Serrano, presented a letter from the Board of the Directors. Darren Simons, President of the Home Owners Association stating the concerns were traffic and safety related. The roads are very narrow and the both communities would have a problem with emergency vehicles entering the area. Serrano have 47 homes, 20% of the homes have more than two cars. The kids in Serrano has to play in the street. If the project was approved this would be an invitation to speed. There has been no traffic study done or traffic counters sent out to the area. It looks like the roads would be torn up for two years. Again, they are very concerned about the safety factor. Tom Lynch, Mayor forte Village of Golf, congratulated those recently elected. There are some concerns about the project. When you take out the road and the amenities, it is really 7.8 units per acre. Silver Lake, which is the adjoining neighbor on the east and the north, has 169 lots, with 86.6 acre, which was under 2 units per acre. The Village of Golf has a Y2 unit per acre. The two abutting communities are much less dense. Under the City's Comprehensive Plan identifies in Objective 8.5, the City shall coordinate with adjacent local governments to establish joint planning areas in areas of mutual interest. As the local adjacent government the Village of Golf was only notified of the proposed annexation and zoning December 2018. He believes if this would have been done per your process some of these issues, which are being addressed could have been resolved. All three communities are against this development. Christine Thrower, Manager of the Village of Golf, stated the density and landscaping was not consistent with the surrounding area. Both communities have greater setbacks on all sides. There was no fence or wall being purposed by the applicant on the west side of the property. Ms. Thrower stated the Village Of Golf does have a fence at this side of the property. Staff recommendations was the property owners could bisect the landscaping and attached to the fence, but no fence was proposed on the western 16 Page 381 of 660 Meeting Minutes City Commission Meeting Boynton each, Florida March 19, 2019 ...........1-1.................................................I .....................­................................................................... ...................................................................................................................... ............... .......................................................................................................... boundary of the property. The setback of Silver Lake on the east is 75 feet to accommodate the dry retention area. West setback places these homes on the fence of the Village of Golf. Drainage was an issue. The Village and the City of Boynton each have worked together for more than 30 years. The Mayor and the Village Council hopes the City of Boynton each would deny the applicant. Roger Saberson, 2740 SW 23rd Cranbrook Drive, lives on the SE corner of the proposed property. The retention area has a 10-foot buffer area, 50-foot drainage area. There was a 15-foot setback required of the property on Palm Trail, and this was a 75 feet separation. On the Village of Golf side, they have 105 feet of separation, between the nearest homes. This was especially important to provide separation because all of the homes are two story homes with a balcony. The drainage area benefits 9 of the 11 lots. There is an existing lake on the property. They need to maintain a separation. The lake on the property now was a manmade lake and created when the home was built. It was very common in South Florida to dig the fill and create a lake. If the lake was preserved and the landscaping goes in, they would not be able to see the lake anyway. He wanted to commend the City Engineer putting in the condition of approval for the height of the berm and for the three-day storm staging. This was a major consideration. Also a swale was required. As far as an installation of a wall, Serrano was required to have a wall. The applicant did not show the wall extended all the way to the Village of Golf. The wall was necessary for privacy, security and drainage. Annmarie Lonergan, 2663 SW 23rd ran rook Drive, hired a private urban planner, to look at this project. There was no joint planning with the affected City. There are at least 16 points which the proposed development does not match the surrounding community area. Serrano has green space and a lake. This proposed project has no green space. The applicants are comparing the project to Serrano then need to have berms and green areas as well as drainage areas. Serrano has mandated towing, so that emergency responders can access their site. They have circular drives for this reason. This proposed design was not keeping with any surrounding community. The City has negated and neglected to enforce their own rules of design for landscaping to engineering to site and zoning. However, the City wants to annex this parcel into the City of Boynton each,while cramming this down the throats of those who live in the area. Ms. Lonergan stated the City of Boynton each has spent tens of thousands for flood mitigation. This property design goes against the reports. The City of Boynton Beach was forcing its residents to go out and mitigate all of the drainage because of a dry berm. They do not have a percolation test. The new residents would be 4 feet higher than her home. The proposed berm of 4 feet by 50 feet would not be sufficient for paving and construction. No one wants this design. The City has already signed off on this plan. The Commission has been having meetings. This does not pass the Sunshine State law test. If there was 17 Page 382 of 660 Meeting Minutes City Commission Meeting ..B.........o..Iy-ntonI..........B.........each, Flori . .. ...................................................I......................I.......... I..a.......r....c.......h..........1.............,.....2.... 1 ...........................................a ...................... . ........................I-I........................... 9 ................. a concrete wall they would need to mitigate. She does not want to see a two story building in her backyard. There would be 200 people in her backyard. Mayor Grant asked how she came up with that number. Ms. Lonergan stated there are four bedrooms per home and two people per bedroom. The residents are going to have standing water and get Zika virus and have deed animals in the streets. The City of Boynton Beach does not enforce the Planned Unit Development (PUD) or Home Owners Association (HOA) landscape. When a tree dies of a disease and they pull them out, the City will not come in and have them replant the trees. How much money does it have to make. They calculated at a breakeven analysis, there was a 45% rate of return. How can the City approve all of this before it was brought before the citizens? Ms. Lonergan asked how the new development was going to have 208 people in the proposed pool. There was only one bathroom at the clubhouse for 208 people. She wanted to know who was signing off on this design. Mayor Grant responded no one has signed off on the plans. Ms. Lonergan stated she has been hearing that this was the approved site plan. The applicant was manipulating the public as being approved. This plan does not match Serrano. The density in the Village of Golf was much lower. They have documented drainage going into Mr. Dailey's property, allowed by the County. The City of Boynton Beach does not have the PUD on file. The drainage does not match what was published by the City of Boynton in its Flood Mitigation plan. Mayor Grant asked about the publication. Ms. Lonergan responded this was the 2017 Flood Mitigation plan, which also includes the emergency response plan. Mr. Lonergan stated the Flood Mitigation Plan was updated yearly. The City has not had any meetings requiring development plans Mayor Grant asked if Ms. Lonergan had any additional questions. Ms. Lonergan asked how it was possible to present the site development plan with inaccurate information. For the record, she would like to have it stated their finished floor elevation was on the same horizontal plane. Has anyone for the City looked at the traffic study or the emergency response compliance? Julia Davidow 2314 SW 23 Cranbrook Drive, President of Silver Lake HOA, wanted to applaud Bradley Miller and Marc Julien for listening and addressing the communities concerns. What they recreated did not change very much, but they listened to the communities. She thanked Ed Breese for addressing 11 items. She appeared before the 18 Page 383 of 660 Meeting is City isiMeeting Boynton Beach, Florida arch 1 , 1 .................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Planning Board with a list of 14 concerns, which they dealt with. Met with Marc Julien and Bradley Miller regarding items they needed to work through. They are asking the Commission to protect the community. If this property was annexed, please do it with lots of consideration and a heavy heart. The community was asking for a 6 feet concrete wall, which would allow for proper drainage. The density was extreme. The community was asking for 20 homes. The lake was a concern, but the drainage was a higher concern. The street should end in a cul-de-sac. Every one of these homes have a lake. Mr. Miller stated there was flexibility where the cabana would be. Most of what was presented here remains at the discretion of the developer. The City has the right to set requirements. This was a unique situation. The development surrounds older communities. It cannot be developed because of egress. This City should proceed cautiously regarding annexation. Ariane i iris, 1 County Lake Trail, purchased the property because of safety of the neighborhood. She did not know that there was a possibility of 26 additional houses. She believed there was an easement already behind the homes for FPL. Mayor Grant, seeing no one else coming, closed public comment. Vice Mayor Katz inquired if the proposed site plan was annexed and assigned LU, was there anything in the proposal, which was be inconsistent or would violate existing City Codes or ordinances. Mr. Colin Groff, Assistant i er, responded it has to be reviewed against the City codes. Currently the City was recommending approval with conditions. The Project does meet the current Code for Zoning and Land Use. Mayor Grant requested clarification on why this project received approval. Gary Dunmyer, City Engineer, explained the requirements for drainage was the homes must be designed for a 100-year storm with 3-day onsite storage. This project does not have an outfall; it must contain the entire storm within the limits of their property. The development would not discharge offsite during a 100-year three-day storm. Mayor Grant indicated there was a lake and the lake was holding water. He inquired if the City had any knowledge of the volume of water in the lake. Mr. Dunmyer responded this project would not have any discharge in predeveloent. There would not be any discharge allowed in the post development. When you compare pre and post it was the same. Mayor Grant noted the City has springs, wells and aquafers. What was feeding the lake so that it does not dry u ? Mr. Dunmyer responded the ground water elevation. Mayor Grant inquired if the applicant created a berm would there be ground water to supply the lake. Mr. Groff responded that was a final design. If the pond was wet, it was 19 Page 384 of 660 Meeting Minutes City Commission Meeting Boynton Beach, Florida March 19, 2019 ..............................I -.................. I...........................1 1-1................................................................................................................................................................................... ............... .......................................................................................................................................... where the ground waters sit. If it was dry retention, the bottom of the pond has to be one feet above the seasonal high ground water level, so it remains dry so it can perk. All that comes during the detail design. A dry lake provided a higher nutrient removal than wet ponds, when a lake has water; it does less for the environment than a dry lake. The City recommends dry lake when they can get them. Mayor Grant stated the grass, which was there any type of plants could receive nutrients. What was the volume the lake should hold. Mr. Groff stated it holds the volume generated from that development during a 100 year 3 day storm. Mayor Grant asked what that number was. Mr. Groff stated he would need to get back with the Commission. Mayor Grant stated this was the first reading and staff could bring back that information at the second reading. How much does the lake hold forthe 100-yearflood forthree days? Mr. Groff stated the applicant engineer was available for questions. Joe Pike, President, EnviroDesign Associates, Inc. 298 NE 2nd Avenue did not recall speaking about putting the 100-year storm onsite and containing the water. Typically, South Florida Water Management District does not require that. He was willing to consider this. When you ask for more, there was unintended consequences. His concern with storing water onsite was raising the berms. Mayor Grant asked what they had. Mr. Pike responded they were complying with the regulations that other surrounding development do within the City which was the 25 year storm event onsite for the berm, for essentially there was a bowl on site. He cannot speak to gallons. They comply with South Florida Water Management requirements and City requirements. Mr. Groff stated the conditions of approval are they hold 100-year storm event for three- day. The reason was the applicant property does not have a positive outfall. If they provide a positive outfall which means a positive outfall for the water to drain, then they can step back to the 25 year South Florida Management District regulation. In the City of Boynton Beach, if they do not have a positive outfall they need to hold a 100-year three-day storm event on the property. If they cannot do it they would not receive approval. Mayor Grant inquired if the positive outfall could be a canal. Mr. Groff responded yes, they would need a positive outfall, which would be free flowing. This was codified in the LDR, as well as the condition of approval. Mr. Pike responded if that was the case he would look into it and try to accommodate the City requirements. Doing this may result in higher berms and higher home elevations for the community. 20 Page 385 of 660 Meeting Minutes City Commission Meeting BoyntonBeach, Florida March 19, 2019 ............................I I I............................. I............................................................................................................................................................................................................................................................... ....................... ........................................................................... Mayor Grant noted some in the community were asking for a concrete wall. Mr. Pike responded he does not see how a wall would contain drainage. A dry retention area is not a lessor solution than a lake. They are both equal and acceptable. A wall cannot help or hurt in regards to the drainage. Mayor Grant noted the topography on Silver Lakes was not retaining all of their water. If the City builds the berms, what was their recourse if their home floods? Do they need to dig up their yard? Mr. Pike responded he could not speak about recourse. However, the homeowners have a permitted system in place since 1977 through South Florida Water Management District. They should be self-contained. They are not to look for other properties to drain onto. What was done on the applicant site should not affect them. Mayor Grant noted what was being done was above what was required. Mr. Pike responded yes. Mayor Grant stated with FPL (Florida Power and Light) they have access through the power lines through the Village of Golf. Mr. Pike responded he was not up to speed on the electrical component. They are extending water and sewer through Serrano. Mayor Grant asked if the easements was through the backyards of Serrano. Mr. Pike believed they were on the roadway. He was extending the water and sewer through Serrano and could not speak on the electrical. Mr. Miller responded on the western property line there was a power line which runs along that area. There was an easement he believes it was 20 feet wide on the west side of the property line in the Village of Golf. Mr. Miller believes this would provide access to the power lines. Mayor Grant asked if the FPL lines would not go through the back yards of Serrano. Mr. Miller responded he was not sure. Mayor Grant stated he had some questions for the landscape architects Mayor Grant was concerned about the root system near properties with pools, along the eastern border. There was a 10-foot landscape buffer. Inquired if there was anything which would protect the pools and or patios from roots breaking pools or patios. Dan Bockner 601 North Congress Avenue responded nothing has been added to the plans, but they could add some type of root barriers. Mayor Grant indicated he wanted to make this as a condition of approval to have some type of root blocking barrier, specifically if the homes have pools or patios that are within 5-10 feet of the barrier. Another item was the green fee, for any new resendital units for the City Parks and Recreation Department. Mayor Grant asked what the Park and Recreation impact fee was. Mr. Groff responded about $650. 21 Page 386 of 660 Meeting Minutes City Commission Meeting Boynton each, Florida March 19, 2019 .............I....................................................................................................................... ................................... ..............__........................ ............­­........................................................................11-1-1................................................................................................................... Mayor Grant indicated because these homes were on a zero lot line there was no planned community park. He request the applicant increase the amount to $1,000 voluntarily. Mr. Buckner responded whatever the requirements are and additional fees was requested, the additional fees would need to be agreed upon by the applicant. Mayor Grant noted a resident stated there would be hundreds of people in their backyard. Was the Association planning to have a towing contractor? Therefore, those cars are not parked on the side of the road. Mr. Miller explained the plan was for each home to have a two-car garage with driveway. It would be an HOA document for any community. Mayor Grant asked if there were any space for parking at the pool. Mr. Miller responded there were three parking spaces at the pool area. Mayor Grant stated he understood the sanitation vehicle would pick up all of the trash on the east side of the road and back up and do a K-turn to pick up on the other side of the road. Mr. Miller responded yes. Mayor Grant indicated this would be similar to what the police and fire must do if they needed to go to the end of the road. Mayor Grant inquired if the Police, Fire Department and Sanitation had signed off on this requirement. The Commission received a request for all the meetings, which the applicant had with the City. Mayor Grant asked for a timeline of the meetings regarding the project. He would like to request for the second reading, an increased monetary fee for the Barrier Free Park. Mayor Grant why did the applicant did not try to annex through the County instead of trying to get the project developed through the City. Mr. Miller stated this property belongs in the City of Boynton Beach. The City was providing services; it was on the future annexation maps. This parcel is surrounded on three sides by the City of Boynton each. This should have been annexed before. Mayor Grant understands the developer was not building the $1.5M homes on a golf course. Mr. Miller said this was a single-family residential community, which there have been very few in the City. Mayor Grant was excited the City has an opportunity to have single-family homes in the City; the last development was in 2016. Regarding the density was it a possibility for the reduction to 25 or 24 homes. Mr. Miller replied there was a possibility. He inquired does it make sense when it was the same density as Serrano? It was not good planning. If you create larger lots, they would not be consistent with anything. This would be contrary to the Comprehensive Plan. Commissioner Romelus inquired why staff recommended the cul de sac removal. Mr. Dunmyer said the developer opted to go for the T turnaround instead of the cul de sac. Mr. Dunmyer stated he supported the T turnaround. 22 Page 387 of 660 Meeting i s City isiMeeting Boynton Beach, Floridaarch 1 , 1 Commissioner Romelus stated it was not that staff disliked the cul de sac. Mr. Dunmyer responded he did not have a preference. Commissioner Romelus stated in relation to laying down less concrete or less asphalt, this was the better way to move forward. Mr. Dunmyer responded yes. Commissioner omelus asked what the alternative to this project if we the City annexation with the maximum density possible. Mr. Dunmyer replied the applicant stated they had done something with townhomes; this would be the zoning and density the City would require. The PUD was the same density, but it allows staff a lot more flexibility to add additional requirements. There was more control with a PUD than with a standard property. Amanda Bassiely, Principal Planner said the maximum density allowed was 7.5. units per acre. The applicant could possibly build 35 homes on the property. Commissioner Penserga indicated there seems to be some questions on some of the facts and situation. The density issue seems to be a problem. He requested additional documentation from the private land planner. Attorney Cherof, noted information provided in the matter the speaker suggested, which was outside of the quasi-judicial proceeding would not support any outcome by the Commission. It would not constitute evidence in this proceeding. If the speaker wants something to be considered by the Commission as a whole and be considered part of the record, it must be submitted now or at second reading, not privately. Ms. Lonergan asked what the Commission was voting on tonight. Was it only the annexation? Attorney Cherof replied there were several items on the agenda. The annexation was the first item, stating the Land Use Designation, zoning and the site plan were the other items. Mayor Grant noted this was the first reading. Vice Mayor Katz requested clarification on the 100 year 3 day event. It has to be built on the 100 year 3 day event and must hold the water onsite. That was a condition of approval. He inquired was the project as presented capable of holding the water. It implied that they were being held to the 25-year storm. Mr. Groff, after the review, the City reviewed the project, since there was no outfall, the site must demonstrate the top of the perimeter berm was at the 100- year 3-day storm stage. The site plan does not have that level of detail. That was the level of detail after it moves forward. If they do not do it, they would not be approved. Vice Mayor Katz asked if this mean the elevation is going to change from what was being presented. Mr. Groff stated the conditions must be met. 3 Page 388 of 660 Meeting Minutes City Commission Meeting Boynton Beach, Florida March 19, 2019 ...........-I I........................................................................................................................................................... ................................................................................................................................................................................................................................................................ Motion Vice Mayor Katz moved to approve. Commissioner cCray seconded for annexation only Clerk Pyle called roll. Vote 5-0 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) Attorney Cherof read the Proposed Ordinance No. 19-002 on first reading into the record. Motion Vice Mayor Katz moved to approve. Commissioner Penserga seconded the motion. Clerk Pyle called roll. Vote 4-1 (Commissioner cCray dissenting). 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 Motion Vice Mayor Katz moved to approve. Commissioner Penserga seconded the motion. Clerk Pyle called role. Vote 4-1 (Commissioner cCray dissenting). 24 Page 389 of 660 Meeting Minutes City Commission Meeting Boynton Beach, Florida March 19, 2019 .......................-l-1.................................................­­­...............­­....................................................................................................................I............ .................................................................................................................................................................I.................................. C. Approve Country Trail PUD New Site Plan to construct a new development with 26 two-story single-family residences and associated site improvements on a 5.17- acre site. Applicant: M21D Country Trail, LLC. Motion Commissioner Romelus moved to table until April 2, 2019. Vice Mayor Katz seconded with discussion. Vice Mayor Katz stated the reason he asked about the water retention this was singularly the most important aspect of the project. any of the other concerns are subjective by neighbors. His sole determination would be based on the site plan, that the storm water on the property would be retained on the property. Some of the statements made today with possible modification, he needs to see additional information so that he can vote on this issue. Vote The motion unanimously passed D. Approve Ocean Breese 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 Elizabeth Coe, of Centennial Management, thanked the Commission for the opportunity to work with the City of Boynton each on this project. The applicant was requesting approval of a Major Site Plan Modification for the development of Ocean Breese 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. Commissioner cCray inquired about the color pallets, which come before the Commission. Mr. Groff responded they are still required. Amanda Bassiely, Principal Planner stated they have not received the color yet. Usually they come with permitting. They submit color rendering. Commissioner cCray wanted to see the color scheme. Vice Mayor Katz inquired if the applicant was ok with the Condition of Approval. Ms. Coe stated they were. Mayor Grant asked about the trees currently on the property. Will those trees be saved? Ms. Coe stated she was not aware what trees were being saved. 25 Page 390 of 660 Meeting ies City isiMeeting BoyntonBeach, Floridaarc 19, 1 Mayor Grant inquired about the parking spaces. The applicant was requesting less parking spaces. Ms. Coe replied they were providing 222 parking spaces. The minimum required was 217. Mayor Grant noted the backup stated 260 spaces were required. traffic engineering study was performed which allowed for the lower amount. Ms. Coe indicated originally Centennial had 285 required parking spaces, with the parking study required 217 and Centennial was providing 222 parking spaces. Mayor Grant stating he was not happy with Centennial's response. Now Centennial was stated they do not need the parking at this location and why the parking study was not part of the backup. Ed Breese, Planning and Zoning Administrator, noted staff submitted a parking analysis reducing parking requirement in certain circumstances. The applicant provided a parking study. When the review process originally began, the amount of parking spaces required was 275. That number was reduced after the Code amendment. Mayor Grant stated that seemed like a large amount of space. Mr. Breese replied that was a lot of spaces, which was more parking for a project of this nature. The Commission adopted the changes recommended by staff. A parking study was presented to staff and staff agreed with the parking study. Mayor Grant stated they can charge extra for parking. Mr. Breese asked when a customer signs a lease agreement; they would ask how many parking spaces were required. They are not charging for the parking spaces. Mayor Grant stated they have a certain amount of parking spaces required for one bedroom apartments, it was 1.5, two bedroom it was 2 cars, and three bedrooms was more. There are certain amounts of guess spots required. Based upon the data the applicant used for their study, staff was in agreement. Mayor Grant stated the problem he has was the study was not included. Mr. Breese apologized for not including the parking study with the backup. Mr. Breese stated they would provide the study. Mayor Grant stated that Mr. Breese mentioned that there would not be additional charges for a three bedroom house. If someone has a one bedroom with two cars, are they going to get charged extra? Mr. Breese agrees with what the Mayor was saying. What he was saying the potential customer would not be able to sign a lease with more than two cars for a one bedroom apartment. Mr. Breese stated they keep and manage their property Mayor Grant stated the applicant may want to flip the property and sell the apartments as condos, and they have that right. Mayor Grant stated he was not asking for this as a condition of approval. One of the conditions of approval was for two extra handicapped spaces, was this in the original plan? Mr. Breese replied this was requested by the Planning and Development Board. Mayor Grant inquired if the applicant needed to redo 26 Page 391 of 660 Meeting its City Commission Meeting Boynton each, Florida March 19, 2019 "........................" I "....................................................................................................................................................................................................... ...........---.....................---.......................................-.......................... .............................................. the site plan to get those two spaces. Mr. Breese replied as part of the permitting process, the applicant will show, if you will agree to that condition, it would show the two additional parking spaces. Either it would come from a reduction of a landscape island. They could lose one parking spot as well to accommodate the handicapped parking space. Mayor Grant asked if the Commission placed a condition of approval for one electric vehicle charging station, would that be considered one of the parking spaces. Mr. Breese responded they can use as a regular parking space; this was be part of the 222 parking spaces. Mayor Grant indicated he was not in agreement with losing any landscaping; he would be agree with one extra handicap parking space. There are no elevators. Mayor Grant would like to have the electrical vehicle parking space. He inquired of the applicant if they were willing to provide this space for electrical vehicle parking. Brad Ulmer, Civil Engineer, Indicated there are nine handicap parking spaces and the Code requires seven. They are already offering two additional handicapped parking spaces. Mayor Grant stated the project already has two additional handicapped parking spaces. Mr. Ulmer indicated for the electric vehicle charging station explained this was low income housing. Mayor Grant replied they are in the 21st Century. Mr. Ulmer replied the applicant was willing to do one as an experiment. Mayor Grant stated maybe the tenants will see that they do not need to purchase gas. Mr. Ulmer said in the future it maybe electric vehicles may be more economical. The pricing is coming down. He would like to stick with the original plan regarding parking. Mayor Grant indicated the applicant already has two additional handicapped parking that was required by Code. Mayor Grant asked about the current landscaping, if the trees could be moved to a different site. Mr. Swezy stated it may be better to replace them. Usually when you move a tree they need to be pruned and sit for a while before replanting. Mayor Grant asked about the smaller sable palm trees. If it was an oak tree he understands about the removal. Mayor Grant stated the CRA board sold the applicant the property, asked for a community benefits agreement. There are a few nonprofits and asked if the applicant was willing to give back to the community. Mayor Grant asked for a donation of $5,000 a year for 5 years to the local nonprofits. 27 Page 392 of 660 Meeting its City Commission Meeting Boynton each, Floridaarch 1 , 2019 Vice Mayor Katz opposed requesting the applicant to donate $5,000 for 5 years. Mayor Grant indicated this was his request. He learned about this in February and he did not have a chance to speak with the Commission. Mr. Swezy asked who chooses the non-profits. Mayor Grant stated the applicant would choose the nonprofit. Mr. Swezy stated he has a Charitable Trust account and he was willing to agree under his own charitable trust. Mayor Grant said his question regarding the parking had to do with staff not providing backup documentation. This was the first time with the new Code. Commissioner McCray stated he was in agreement with Vice Mayor Katz regarding not fair to ask for $5,000 for 5 years from the applicant. The Commission did not have the ability to discuss the donation to a nonprofit. Mayor Grant stated he heard about this from the Race to Equality Summit. Commissioner McCray indicated he was not aware of this and it was not fair to the applicant to request this donation. Mayor Grant stated this was why we are discussing. Commissioner McCray stated the Mayor made a decision without consulting with the Commission and that was not right. Mayor Grant indicated that was correct. Commissioner McCray stated the Commission should vote on asking the applicant to provide a donation. Mayor Grant indicated this was not part of the conditions. Motion Commissioner McCray moved to approve. Commissioner Romelus seconded the motion. Vote The motion unanimously passed. Mr. Breese wanted to clarify the conditions of approval for removing the two additional handicapped parking spaces. Mayor Grant stated the comments from the applicant already have two additional handicapped parking. Ms. Bassiely indicated the Planning and Development Board requested two additional handicapped parking spacing in addition to the nine spaces the applicant was providing. Vice Mayor Katz stated the vote was not to include the two additional spaces the Planning and Development requested. 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 ( Tabled until April 2, 2019) 28 Page 393 of 660 Meeting i City i i Boynton Beach, Florida March 19, 2019 9. CITY MANAGER'S REPORT-None 1 . 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. (Heard earlier on the agenda.) B. The Mayor has requested a discussion concerning a Community I Program. Attached is information from the PEACE organization regarding Community ID programs. (Heard earlier on the agenda) C. Authorize Commissioner Romelus to travel to the Advanced Institute for Elected Municipal Officials (IEMO) training to be held in Tampa, FL April 12- 13. Motion Vice Mayor Katz moved to approve. Commissioner McCray seconded the motion with discussion. Commissioner McCray requested staff to provide a balance of this account. Lori LaVerriere Cityr responded the budgeted amount for the Commission meetings was $22,800. As of today $7500 has been used from the fund. Commissioner McCray stated he was in agreement with Commissioner Romelus going to the Institute. Vote The motion unanimously passed. D. Removal of an AdvisoryBoard r Mayor Grant asked if Commissioner Romelus would like to discuss. Commissioner Romelus wanted a conversation regarding removal of an Advisory Board member. Recently some gross and blatant abuse of power has occurred. The Commission needs to send a clear message, the Commission will not be bullied nor will individuals who believe they should have levels of powers they do not here in this City intimidate them. Commissioner Romelus made a motion effective immediately to remove the individual David Katz, from the Planning and Development Board. The City of Boynton 2 Page 394 of 660 Meeting its it Commission Meeting BoyntonBeach, Florida March 19, 2019 ..........................................................................................................................................................................................................................-........................................ ............................................................................................................--...................-- ..................... Beach has rules of ethics, which must be followed. This individual has violated those rules. Mayor Grant asked if there was evidence of the violations. He inquired if a letter of complaint was filed with the Commission on Ethics and was there an opinion. Commissioner Romelus responded she did not have a chain of letters or commands or anything that in terms of showing the violation this individual had, but in terms of what the Commission has seen in the past and the actions that this individual has taken. It was clear and obvious that the violations of power and the violations of the position that the person currently sits. Mayor Grant asked if Commissioner Penserga had any comments. Commissioner Penserga indicated he had a question for the City Attorney; if the members of the advisory board served at the pleasure of the Commission. Attorney Cherof responded they do. The members of the advisory boards are appointed by the Commission; they are subject to removal by members of the Commission as well. Commissioner Pensega inquired if it was for cause or no reason at all. Attorney Cherof responded for any reason or cause. It was possible to do that, but it is not necessary. Mayor Grant asked if any notice was required. Attorney Cherof there was not. Mayor Grant stated he believes in due process, and if allegations are made, they need to be substantiated, especially here on the dais. The Commission are actually immune from civil immunity. There has been previous dealings where Mr. Katz has been a lobbyist for items he voted on and chaired the advisory board. The rules were changed so this would not happen again. Vice Mayor Katz, indicated he was in agreement with the Mayor. He understood Commissioner Romelus's position and based on experiences over the past three years, but without evidence, he would be unable to support the removal. Vice Mayor Katz said, there was a natural process absent evidence. When the Commission has concerns with the quality of members on the Advisory Boards the process each year the Commission reappoints or appoint members on an annual or semiannual basis. He would feel more comfortable, simply exercising his right to appoint or not appoint members at the appropriate time when they come up during the course of the year. Commissioner cCray stated he concurred with Mayor Grant and Vice Mayor Katz. 30 Page 395 of 660 Meeting i City i iMeeting FloridaBoynton Beach, 1 , 2019 Motion Commissioner Romelus motionedapprove. Commission Pensega seconded the motion. Vote Motion failed 2-3 (Mayor Grant, Vice Mayor Katz, and Commissioner McCray dissenting) 12. LEGAL A. Discuss adoption of anti-lobbying ordinance applicable to City Board Members. (Tabled arch 19, 2019) Motion Commissioner McCray moved to remove the item from the table. Vice Mayor Katz seconded the motion. Vote The motion unanimously passed Mayor Grant asked if this was ok to move forward with what the State Constitution has with an earlier effective date. Vice Mayor Katz stated the amendment which was passed pertained to the elected officials. Attorney Cherof stated the Constitutional Amendment, yes. Vice Mayor Katz stated the City has passed an ordinance as a paid lobbyist, go one step farther to ensure that a member of an advisory board to take a lobbyist job. The point of this item was to discuss a 12 to 18 month prohibition on advisory board members becoming a lobbyist after departing from an advisory board, if they attempt to become a lobbyist. He requested a discussion on this item and develop language for an ordinance. Mayor Grant stated he was against this. These are volunteers. If the advisory board member wanted to take a position as a lobbyist, he was not in agreement. He believed this was more for the City Commission, after they left the Commission. Vice Mayor Katz stated they were now legally prohibited from becoming lobbyist for 6 years. Mayor Grant stated the start date was now 2021. Mayor Grant indicated he thought this was for elected officials. Commissioner McCray indicated he was in agreement with the Mayor. The people who sit on the advisory boards do so voluntarily. It was difficult to get people serving now. 31 Page 396 of 660 Meeting Minutes City Commission Meeting Boynton each, Florida March 19, 2019 ..............................................................................................................................................................................................................................................................................__..................... ....................................................... ................................... ............................... Commissioner Penserga indicated he reviewed the meeting minutes of the previous meeting involving this topic; the confusion was with the understanding of the language. He asked if Attorney Cherof could explain the difference between advocate and a lobbyist. Attorney Cherof stated the term lobbyist includes payment. Advocate does not receive payment. Vice Mayor Katz wanted to make sure this was for paid lobbyist. Tighten it up with some of the work which has been done. The more loopholes the City closed and the more the City restrict the ability of unethical activity to occur to say to the taxpayer we are doing what can be done to ensure in the City of Boynton each there is no unethical activity; if this type of ordinance was passed, it could be codified into law. Vice Mayor Katz moved to direct Legal to draft language specifying a period of 12 months any member of an advisory board who vacates their positon for any reason, was prohibited from becoming a paid lobbyist. Mayor Grant inquired if there was going to be a fine for non-compliance. He did not know if that was constitutional to have a fine. Attorney Cherof indicated he could research this issue. Commissioner cCray stated he was in favor of research to find out if other municipalities were doing something similar. Mayor Grant provided an example, an advisory board member works for another company like FPL or ATT and decides they want to become a lobbyist, this would include them. Vice Mayor Katz indicated that was his intent. Motion Vice Mayor Katz moved to direct Legal to draft language specifying a period of 12 months any member of an advisory board who vacate their positon for any reason, was prohibited from becoming a paid lobbyist. Commissioner Penserga seconded the motion. Vote Motion failed 2-3 (Mayor Grant, Commissioner Romelus, and Commissioner cCray dissenting) 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) 32 Page 397 of 660 Meeting i City i iMeeting FloridaBoynton Beach, ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................. C. PROPOSED ORDINANCE NO. - - SECOND READING - Approve ordinance i III, Chapter 2, ArticleI, Section 5 of the Land Development Regulations to update the City's Green Buildingr r . Attorney ro , read Proposedr i a c 19-011 on second reading by title only into the record. Motion Commissioner McCray moved to approve. Vice Mayor Katz seconded the motion. Clerk Pyle called the role. Vote 5-0 13. FUTURE AGENDA ITEMS A. Modification of parking ordinance to prohibit parking of tractor trailers in residential neighborhoods- April1 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 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 Motion There being no further business to discuss, Commissioner McCray moved to adjourn. Commissioner Romelus seconded the motion. 3 Page 398 of 660 Meeting Minutes City Commission Meeting Boynton Beach, Florida March 19, 2019 ......................................................................................................... ............................................................................................................................................................................................................... ................................ .............................................................. Vote The motion unanimously passed. The meeting adjourned at 11:08 p.m. CITY OF BOYNTON BEACH Mayor- Steven B. Grant Vice Mayor- Christina Romelus Commissioner- Mack cCray Commissioner®Justin Katz Commissioner—TY Penserga ATTEST Judith A. Pyle, CMC City Clerk Qu;�nester Nieves Deputy City Clerk 34 Page 399 of 660 7.A. BIDS AND PURCHASES OVER$100,000 4/2/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 4/2/2019 REQUESTED ACTION BY COMMISSION: Approve utilizing the Palm Beach County contract (Bid#W UD 16-001/VMG) with Aquifer Maintenance and Performance Systems, Inc. (AMPS, Inc.) of West Palm Beach, FL with the same terms, conditions, specifications and pricing. This contract will be utilized for well rehabilitation services on an AS-NEEDED BASIS, with an estimated annual expenditure of$315,000. Palm Beach County complied with Public Contract Bid requirements equal to or exceeding the City of Boynton Beach's requirements. EXPLANATION OF REQUEST: Extension Period: March 15, 2019 - March 14, 2020 The Palm Beach County contract was awarded to AMPS following a competitive bid process and the services offered under this contract meet the wellfield maintenance and rehab requirements of the City of Boynton Beach. The County extended the contract for the period of 3/15/19- 3/14/20. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The City of Boynton Beach has 29 production wells and 2 Aquifer Storage and Recovery (ASR) wells. Production wells are used to recover raw water from underground and the ASR wells are used to inject treated water underground during the rainy season and then reclaim that water during the dry season or as needed. Well yield is affected by the age and physical condition of the wells and the condition of the underground environment. A decrease in well yield results in a decrease in raw water supply which, in turn, leads to less water being available for home and industrial use. To increase well yield, the wells may be rehabilitated which is a process that involves a combination of two or more of the following: (i) Removal and reinstallation of the pump, motor and well head. (ii)Air lifting sand and other sediments from the well. (iii) Chemical cleaning of the well by adding acid to kill bio-mass and other organisms that may clog screens or porous rock structures underground. (iv) Rebuilding or replacing of pumps and motors, if needed. On average, about 10 wells are rehabbed each year and will continue to ensure adequate water supply. The Utilities department began utilizing AMPS, Inc. in January 2004 by piggybacking its contract with the City of Palm Bay which has resulted in the successful rehabilitation of wells throughout the City of Boynton Beach at a significantly reduced cost. This has improved raw water production on those wells on which the work has been completed and has efficient pumping rates for home and industrial consumers. FISCAL IMPACT: Budgeted Budgeted CIP Renewal and Replacement Account number: 403-5000-533-65.02, Wellfield Rehabilitation - $315,000. Pervious years expenditures: 2017 = $290,812.10 2018 = $119,840.55 Page 400 of 660 2019 = $ 104,702.70 ALTERNATIVES: The City of Boynton Beach could issue its own bid for these services but, the City benefits from bid pricing secured by a governmental agency offering a larger scope of work. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Contract PBC—Contract—Signatures D Amendment PBC Extension 1 D Amendment PBC Extension 2 D Attachment Specifications D Bid Bid Sheet Page 401 of 660 65 6 IN WITNESS WHEREOF, Countyn or have caused this named Exhibits I in several counterparts, eachis counterpart shall be consideredri i I executed copy of thist. PALM BEACH COUNTY, BY ITS BOARD OF COUNTY LIAR 1 4 2017 COMMISSIONERS y' u r fS° By:. Paulette Burdick, r J ''A&.s 9 PAPPROVED AS TO FORM AND TO APPROVED AS TO,TERMS AND LEGAL S NCY SL i Q�A-A- 4r y r Utilities d iAquifer Maintenance&Performance Systems, Inc. Signed In n%NDate: -7 Print 1 t i i a i 9 g� 3 Page 402 of 160 0075JAN 2 3 201 AMENDMENT No. 1 TO CONTRACT WITH AQUIFER MAINTENANCE and PERFORMANCE SYSTEMS, INC. SYSTEM-WIDE WELLFIELD MAINTENANCE FOR PALM BEACH COUNTY WATER UTILITIES DEPARTMENT This Amendment No. 1 dated M to the Contract(R-2017-0315) dated March 14, 2017, by and between Palm Beach County, a political subdivision of the State of Florida, by and through its Board of Commissioners, hereinafter referred to as the COUNTY and Aquifer Maintenance and Performance Systems, Inc. (FEIN #65-0071672) a corporation authorized to do business in the State of Florida, hereinafter referred to as the CONTRACTOR. WITNESSETH WHEREAS, the parties have entered into a Contract under which the CONTRACTOR provided certain professional services to the COUNTY for various projects in accordance with the contract for the: System-wide Wellfield Maintenance for Palm Beach County Water Utilities Department Contract No: WUD 16-001/VMG; And WHEREAS, the parties hereto desire to amend the Contract to extend it for an additional one (1) year period without adding any additional budget for the Contract NOW, THEREFORE, in consideration of the premises and of the mutual covenants hereinafter set forth and for such other good and valuable consideration, the receipt of which the parties hereto expressly acknowledge, the parties covenant and agree to the following terms and conditions: 1. The term of this Contract as set forth in Special Conditions Section 14 is renewed for one (1) additional year through March 14, 2019. 2. Except as specifically modified above, the terms and conditions of the Page 403 of 660 Contract are hereby confirmed and remain in full force and effect. THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK Page 404 of 660 INWITNESS WHEREOF,the Board of County Commissioners of Palm Beach County, Florida has made and executed this Amendment on behalf of the COUNTY and CONTRACTOR has hereunto set its hand the day and year above written. '2 0 18 7 JAN 2 3 ATTEST: PALM BEACH COUNTY, FLORIDA A SHARON R. BOCK_.,, Political Subdivision of the State of Florida CLERK AND CO BOARD OF COUNTY COMMISSIONERS By: Melissa McKinlay, Mayor Del MPT APPR D S TRM 0 LEGAL APPROVED AS TO TERMS AND SUF I Cy CONDITIONS 0 R111,111 Ass i s—ta-nrC��Atftto m ey j Stiles, Director *ater Utilities Department 'CONTRACTOR' By: AQUIFER MAINTENANCE and PERFORMANCE SYSTEMS, INC. AA0 a FLORIDA corporation s' atur-1 (insert state of corporation) By. (witness name printed) 1�(signatory�----,—j James Murray (print signatory's name) By: President (print title) ZtZ&, 2 12017 (Corporate Seal) (date 6f execution) 7.146 Haverhill Road (Contractor's Official Address) West Palm Beach FL 33407 (Contractor's City, State, Zip Code) 3 Page 405 of 660 AMENDMENT No. 2 TO CONTRACT WITH AQUIFER MAINTENANCE and PERFORMANCESYSTEMS, INC. SYSTEM-WIDE WELLFIELD MAINTENANCE FOR PALM BEACH COUNTY 2 LAI, WATER UTILITIES DEPARTMENT This Amendment No. 2, dated EEBra5 2014 to the Contract (R-2017-0315) dated March 14, 2017, by and between Palm Beach County, a political subdivision of the State of Florida, by and through its Board of Commissioners, hereinafter referred to as the COUNTY and Aquifer Maintenance and Performance Systems, Inc. (FEIN #65-0071672) a corporation authorized to do business in the State of Florida, hereinafter referred to as the CONTRACTOR. WITNESSETH WHEREAS, the parties have entered into a Contract under which the CONTRACTOR provided certain professional services tothe COUNTY forvarious projects in accordance withthe contract forthe: System-wide Welifield Maintenance for Palm Beach County Water Utilities Department Contract No: WUD 16-001VMG; WHEREAS, the Contract was amended on January 23, 2018 (R-2018-0075) to extend the Contract for an additional one (1) year period (the "First Amendment"); And WHEREAS, the parties hereto desire to amend the Contract to extend it for an additional one (1) year period and increase the original contract amount by $500,000 from $1,189,076 to $1,689,076 to provide for the wellfield maintenance activities to be undertaken under the extended contract term. NOW, THEREFORE, in consideration of the premises and of the mutual covenants hereinafter set forth and for such other good and valuable consideration, the receipt of which the parties hereto expressly acknowledge, the parties covenant and agree to the following terms and conditions: Page 406 of 660 1. The term of this Contract as set forth in Special Conditions Section 14 is renewed for one (1) additional year through March 14,2020, and the not to exceed amount is hereby increased by $500,000 from $1,189,076 to $1,689,076. 2. Except as specifically modified above, the terms and conditions of the Contract dated March 14, 2017 as amended by the First Amendment dated January 23, 2018, are hereby confirmed and remain in full force and effect. THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK 2 Page 407 of 660 'INWITNESS WHEREOF, the Board of County Commissioners of Palm Beach County, Florida has made and executed this Amendment on behalf of the COUNTY and CONTRACTOR has hereunto set its hand the day and year above written. R FEB 5 201 . ATTEST: PALM BEACH COUNTY, FLORIDA A SHARON R. BOCK Political Subdivision of the State of Florida CLERK ANDCOMPTR C BOARD OF- OUNT-Y-C ISSIONERS �E'R 0 \:A9 71 B uz 01 N'r M-a-0-k-Se'fUH�' Mayor 1,0 tal APPROVED _ORM AmbLEGALAPPROVED AS TO TERMS AND SUFFICIENCY �w,*, -= CONDITIONS orn Asses lanfdo�n"Xfc-­ ey lr Jitiles, Director fa Wa Utilities Department 'CONTRACTOR' Z j By: AQUIFER MAINTENANCE and PERFORMANCE SYSTEMS. INC. L � ,i r a corporation A,- t d6L (witness signature) (insert state of corporation) (witness name printed) By: 6(signatory) (Corporate Seal) James Murray (print signatory's name) By: President (print title) TI-1 _U r 2018 (date of execution) 7146 Haverhill Road (Contractor's Official Address) West Palm Beach, FL 33407 (Contractor's City, State,Zip Code) 3 Page 408 of 660 ■ s Board of County Commissioners �j KC14County Administrator Mary Lou Berger, Mayor Verdenia C. Baker Hal R. Valeche,Vice Mayor ` Paulette Burdick Shelley Vana Steven L. Abrams Melissa McKinlay ' Priscilla A. Taylor Water Utilities Department www.pbcgov corn BOARD OF COUNTY COMMISSIONERS NOTICE OF SOLICITATION BID BID# WUD16-001/VMG SYSTEM-WIDE WELLFIELD MAINTENANCE FOR PALM BEACH COUNTY WATER UTILITIES DEPARTMENT BID SUBMISSION DATE: DECEMBER 1, 2016 AT 2:00 P.M. It is the responsibility of the bidder to ensure that all pages are included. Therefore, all bidders are advised to closely examine this package. Any questions regarding the completeness of this package should be immediately directed to Palm Beach County Water Utilities Department at(561) 493-6061. BIDDERS SHALL PROVIDE A RESPONSE IN A SEALED PACKAGE OR CONTAINER SIGNED BY AN AGENT OF THE COMPANY HAVING AUTHORITY TO BIND THE COMPANY OR FIRM. FAILURE TO DO SO SHALL p BE CAUSE FOR REJECTION OF YOUR BID. CAUTION In order to do business with Palm Beach County, vendors are required to create a Vendor Registration Account OR activate an existing Vendor Registration Account through the Purchasing Department's Vendor Self Service (VSS) system which can be accessed at https://Pbcvssp.co.palm- beech,fl.us webaep/vssplAltSelfService Palm Beach County shall not be responsible for the completeness of any Invitation for Bid that was not downloaded from our VSS system or obtained directly from the Water Utilities Department In accordance with the provisions of ADA, this document may be requested in an alternate format. 8100 Forest Hill Blvd, West Palm Beach, FL 33413 (561) 493-6061 FAX: (561) 493-6240 Page 409 of 660 *� � BOARD DFCOUNTY COMMISSIONERS Page Palm Beach County ~� INVITATION FOR BID 8 KID#:'W U D 16-0 01 N M G T SYSTEM-WIDE WELLFIELD MAINTENANCE FOR PALM BEACH COUNW_ WATER UTILITIES DEPARTMENT �WATER UTILITIES DEPARTMENT CONTACT:Vernetha M. Green, CPPB, FCPM-, ]TELEPHONE NO.: (561)493-6061 All bid ��pm/soo mustbereceived on Palm Beach CnumCounty local SUBMIT Beach County Water Utilities Department, 81OUForest Hill Blvd,West Palm Beach, FL33413. This Invitation for Bid, General Conditions, Instructions to Bidders, Special Conditions, Specifications,Attachments,Amendments (if issued), and/orany other ~ referenced document form apart ofthis bid solicitation and response thereto, and byreference are made opart thereof The selected awardeeshall bebound 14 byall terms,conditions and requirements inthese documents. 1% PURPOSE AND EFFsCT: |t is the purpose and intent of this solicitation to secure bids for item(s) and /or services as listed herein The selected awardeeiv 04 hereby placed on notice that acceptance of its bid by Palm Beach County shall constitute a binding contract. GENERAL CONDITIONS, INSTRUCTIONS AND INFORMATION FOR BIDDERS GENERAL CONDITIONS ' 1. GENERAL INFORMATION ' oiuuem are advised that this package constitutes the complete met of specifications, oaons, and conditions which forms me binding contract �� Beach County in - between Palm Beach County and the nuxceus�| bidder Changes mthis committed m assuring equal � in the award of |nvitauvnfor Bid may bnmade uo�bvw�unamendment issued bym* cnn�ramaunuuompxeowimao |owmpmxibiUngdiscnminouon� - cuuntyWaoerUti|u|aaOepa�ma�. Bidde�a�nu�ho,ouvisedtoo|ove|y pu�uon� m pa|m onauo coun�y Resolution m'2u14'14c1. a» may be amended, the uuocooafu| bidder warrants and examine every section of this dooum*nt, m ensure that all sequentially mpmonntsma�an its employees are treated equally uu,|no numbered pages are present, anutnonauoatxaubio �|� unue�mou. ~' Questions nrrequests for exp|anon � emp|oymontvwmoutmga� tonacennourin�n,p �ouionsof�hisdooumon� national origin, - color, religion, disability, must ueavbm�ed �the Vxa�,Utilities Department contact in writing sex,in ' age' ' unoeo�» marital" status, ' /amma/ sufficient time to permit a written response prior to the published bid stotuo, sexual oh ontaUnn. gender identity and expression or submission time. Oral explanations orinstructions given byany County ye'"`i^ information. agent are not binding and should not be interpreted an auanno any amended, the successful bidder shall comply with the provision of this document. Bidder certifies that this um is made without requirements set forth in Section 3.n. herein below. reliance onany oral representations made bythe County C. The The obligations nfPalm Beach County underthis award are subject mthe successful bidder is, and shall be, mthe performance mall - availability offunds lawfully appropriated for its purpose. Wom, oewimao, and activities under this Contract. an Independent Contractor and not onemployee,agent,urservant ^ o. LEGAL REQUIREMENTS of the COUNTY. All persons engaged in any of the Work o, services performed porsuont tothis Contract shall atall times, ' and in all places, be subject to the successful bidder's nv|a a� Federal, State, - direction, supsmi ion. and control. The successful bidder shall exemisoonn�o|mer�omeansanumonnarinw��h�andU� any manner affect the deme covered herein app|y. Lack of All knowledge bythe bidder shall innoway beacause for relief from omP|oyoesperform the Work,and inall respects the successful responsibility. The successful bidder shall strictly comply with bidder's relationship, and the relationship v{ its employees, bz Federal, 8ti d local building d ' the COUNTY shaUbathat ofanIndependent Contra�orand not shall meet all State and Federal S�e�'regulations. Bidder asemployees oragents of certifies that all products (materials, equipment, pmcesoa, o, the COUNTY. other items supplied inresponse mthis bid) contained inits bid meets all Awa|, wppA, and all other Federal and State u. CRIMINAL HISTORY RECORDS CHECK ORDINANCE: requirements. Bidder further certifies that, if it is the successful pursuant toPalm Beach County Code Section z-n71through 2' bidde,, and the productproductdelivered is subsequently found to be 377, the po|m Beach County Criminal History Records Check deficient in any of the aforementioned requirements in aMem on Ordinance ("Ordinance"), the County will conduct fingerprint w date of delivery, all costs necessary to bring the product into based criminal history record cxooka on all persons not oomp|ionmeahaUhebomnbythabidder employed by�eCuun�who �p�r. deliver, u,pmvidegoods nrservices for,to,urvnbehalf ofthe County.A fingerprint based Any toxic substance provided to the County as o n,nu|t of this criminal history record check shall be conducted on all solicitation o, resultant contract shall be accompanied by its employees of vendors, nont,octors, and subcontractors of Go��DotaShee«<GoG}� oontny�nm—inc|uuingepmirpe�unuand de||ve�p*� `ons who y are unescorted when entering afacility determined toboeither The Uniform Commercial Code (Florida Statutes, Chapter 672) o critical facility ("Critical Facilities") or o criminal ]usUno shall prevail osthe basis for contractual obligations between the information facility (^cu| Fooi|ities''), which are u,|dca| to the successful bidder and Palm Beach County for any u,mns and public safety and security of the County. County facilities that , conditions not specifically stated inthe Invitation for Bid. require this heightened level of security are identified in Resolution nso1a'1^ro. as amended, In October � �� P@Qe 410 Of 660 � � Page 3 � 2013. compliance with the requirements mthe uS. Federal Bureau of relative nfanemployee mPalm Beach County Further, all bidders shall Investigations CJI Security pnnoy was added to the Ordinance. wx|oo disclose the name of any County employeerelative of a County |qc|vdma m broad os, of disqualifying offenses, The bidder m oue,v employee who owns, directly orindirectly,aninterest orten percent o, ' responsible for underSt2nding the financial- sdiedule, and I or staffing more inthe bidder's firm^,any nfits branches, � mn|icauuno of this Q"u|nmnwa, Further, the bidder acknowledges that its mu price includes any and all direct o, indirect costs associated with compliance with this Ordinance,except for the applicable FoLE/FBI fees ]. SUCCESSORS AND ASSIGNS:The County and the successful bidder ' that shall be paid by the County each binds itself and its successors and assigns vothe other party in U respect to all provisions of this Contract.Neither the County nor the e. successful bidder shall assign,sublet,convey nrtransfer its interest in � notify all bidders mthe following: 'v\ person oraffiliate who has been this Contract without the prior written consent vfthe other. placed on the convicted vendor list following a conviction for a public entity � mime may not submit o bid on a contract with a public entity for the k. : Regardless of the coverage provided by any construction o,repair nfapublic building nrpublic work, may not submit insurance, the successful bidder shall indemnify, save harmless and � bids onleases ofreal property mapublic entity, may not boawarded nr defend the County, its agents, servants, uremployees from and against perform work as a contractor,supplier,subcontractor,or consultant under any and all claims, liability, losses and /urcauses ofaction which may � econtract with any public entity,and may not transact business with any arise from any negligent act oromission ofthe successful bidder, its publicentity in excess vfthe threshold amount provided in F-S 287017 aubnontnoctom, agenta, servants or employees during the course of � for CATEGORY TWO for aperiod nf36months from the dntenfbeing pe�oxningse�icesorcaused bythe goods provided pursuant to these placed on the convicted vendor list." bid documents and/orresultant contract. * r � |� in response to this solicitation is considered a public document in into a Contract or performing any Work in furtherance of this Invitation for accordance with Section 119 07, F.S. This includes material which the w Bm, the BIDDER certifies that it, its affiliates, aupp/iem, subcontractors responding bidder might consider to be confidential. All submitted and consultants who will perform hereunder, have not been placed onthe information that the responding bidder believes mbeconfidential and � Scrutinized Companies With Activities in Sudan List or Scrutinized exempt from disclosure (ie., a trade nenn*, em) must be specifically Companies With Activities in The Iran Petroleum Energy Sector List identified essuch.Upon receipt vfapublic records request for information � created pursuant mFS. 215.473. orScrutinized Companies that are on the bidder has designated asa trade secret oramotherwise exempt from the boycott Israel List` orisengaged in eboyo«u `n(|ara�| pursuant to Section 'inn 11907 F'S,, adetermination will bemade whetherthe identified id u� d � F£a1n.4rzn.vriaengaged inbusiness ope�onneinCubor Syria. mmnnadnnin.ic.confidential. , |f the County uetennines, using credible information owzi|euw to the The bidder shall maintain records related to all cmargea, expenses. and � pvb|ic, that a false certification has been submitted by B|DDEn, the costs incurred inestimating and performing the Work for auleast three(3) resulting Contract from this Invitation foreidmov»etenninatedandacivi| years after completion nrtermination ofthis Contract.The COUNTY shall penalty equal mthe� greater or $2 million or twice the amount of this h�� a��nsm such na*nmsanrequiredin this Section for the Contract shall beimposed, pursuant toF3 287.135 nfinspection vraudit during normal business hours, atthe bidder's place � nfbusiness. e, Bidder m,��enmauuhas entered into nuogmement to commit a frauuulent, deceitful, unlawful, or wrongful oct, or any act Notwithstanding anything herein to the montrary, as provided under - which may result in unfair advantage for one ormore bidders over other Section 11e.o7u1.Fn,where the bidder:(i)provides aservice and(ii) bidders. Conviction for the Commission ofany fraud uract nfcollusion in acts onbehalf mthe COUNTY aaprovided under Section 119.o11;q - connection with any sale,bid,quotation,proposal vrother act incident m F.S,the bidder shall comply with the requirements ofSection 119 0701. � doing business with Palm Beach. County Florida Statutes, enumay maamended from time ootime. debarment, � 7n�Connv�ont�np�o�maUyr=quinouon� No premiums, rebates or gratuities are permitted; either with, prior to nr after any delivery o,material orprovision ofservices.Any such violation A. Keep and maintain publicrecords required bvthe County m may result inaward cancellation, return ofmaterials, discontinuation nf perform services osprovided under this Contract. � sem|ceo, and removal from the vendor bid list(s), and/ordebarment or suspension from doing business with Palm Beach County. B Upon request from the County's Cusmuien of Public Records, � provide the County with acopy ofthe requested records orallow the h. : Bidders are advised that the"Palm Beach County Lobbyist records mueinspected nrcopied within oreasonable time atacost � Registration Ordinonce" prohibits a bidder or anyone aapvanendno the that does not exceed the cost provided in Chapter 119 or as bidder from communicating with any County Commiueimner. County otherwise provided by law, The Consultant further agrees that all � Commissioner's staff, orany employee authorized mact vnbehalf ofthe fees,charges and expenses shall bedetermined|naccordance with Commission toaward apauinu|arnnnt��ega�ingi�bid. im.m^Cone Palm Beach Cnun� PPM CVvF~00z. Fees Associated with Public � of Silence". Records Requests, amitmay be.amnndednrrep|av=dfrom time m time. � The"Cone ofGi|enme'is in effect from the date/U � me of deadline for submission nfthe bid,and terminates at the time that the Board ofCounty C. Ensure that public records that are exempt` or confidential and � Comm�sione�oraCoumyDepm�nem � authorized m zeda�ontheirbeho� exempt from public records disclosure exempt, are not awards orapproves acontract, rejects all bids, orotherwise takes action disclosedexcept esauthohzedb' -' | for -duration dutivnnftheoontract � which ends the solicitation process. term and followingcompletion nfthe Contract,ifthe Consultant does not transfer the records to the public agency. � Bidders may, however, contact any County Commissioner, County Commissioner's staff, nrany employee authorized toact nnbehalf nfthe D Upon completion ofthe Contract the Consultant shall transfer, at � Commission tvaward aparticular contract, via written communication, no ouot to the County, all public records in possession of the ia facsimile, e-mailrUS mei! Violations Consultant unless notified by County's rep on � �. . . pun|nhaWvbyofine of$z0000per violation. behalf nfthe County's Custodian ofPublic Records, mkeep and maintain public records required by the County to perform the r service. |fthe Consultant transfers all public records to the County � L CONFLICT OF INTERESTS All bidders shall disclose with their bid the upon completion nfthe Contract, the Consultant shall destroy any name n/any officer,director,nragent who isalso enemployee vra duplicate public records that are exempt, nrconfidential and exempt � � � Page 411 of 660 � Page 4 from public records disclosure requirements. If the Consultant keeps THE BID. Bid responses are to be submitted to the Palm Beach and maintains public records upon, completion of the Contract, the County Water Utilities Department no later than the time indicated Consultant shall meet all applicable requirements for retaining public on the solicitation preamble, and must be submitted in a sealed records.All records stored electronically by the Consultant must be envelope or container bearing the bid number for proper handling, provided to County, upon 13 request of the Countys Custodian of Public Records, in a format that is compatible with the information b. CERTIFICATIONS, LICENSES AND PERMITS: Unless otherwise technology systems of County,at no cost to County. directed in sub-paragraph d. (Local Preference) or the Special Conditions of this bid,bidder should include with its bid a copy of all Failure of the Consultant to comply with the requirements of this article applicable Certificates of Competency issued by the State of Florida shall be a material breach of this Contract County shall have the right to or the Palm Beach County Construction Industry Licensing Board in exercise any and all remedies available to it, including but not limited to, the name of the bidder shown on the bid response page. It shall also the right to terminate for cause. Consultant acknowledges that it has be the responsibility of the successful bidder to maintain a current familiarized itself with the requirements of Chapter 119, F.S, and other Local Business Tax Receipt(Occupational License)for Palm Beach requirements of state law applicable to public records not specifically set County and all permits required to complete this contractual service forth herein. at no additional cost to Palm Beach County.A Palm Beach County Local Business Tax Receipt (Occupational License) is required F T C ULT T unless specifically exempted by law. In lieu of a Palm Beach County Local Business Tax Receipt (Occupational License); the bidder QUESTIONS I THE should include the current Local Business Tax Receipt (Occupational License)issued to the bidder in the response It is the APPLICATION F CHAPTER 119' responsibility of the successful bidder to ensure that all required certifications, licenses and permits are maintained in force and FLORIDA T TUT S, TO THE current throughout the term of the contract. Failure to meet this CONSULTANT'S DUT i -1 r VI requirement shall be considered default of contract. LICRELATINGv TO c. SBE BID DOCUMENT LANGUAGE CONTRACT,THIS PLEASE CONTACTItem 1 -Policy THE CUSTODIAN OF PUBLIC It is the policy of the Board of County Commissioners of Palm Beach County,Florida,that SBE(s)have the maximum practical opportunity RECORDST RECORDS REQUEST, to participate in the competitive process of supplying goods,services and construction to the County. To that end, the Board of County PALM BEACHCOUNTY PUBLIC Commissioners adopted a Small Business Ordinance which is codified in Sections 280.21 through 2-80.34 (as amended) of the AFFAIRS DEPARTMENT, 301 N. OLIVEPalm Beach County Code, which sets forth the County's T L L requirements for the SBE program, and is incorporated in this solicitation. Compliance with the requirements contained in this 33401' BY E-MAIL AT section shall result in a bidder being deemed responsive to SBE requirements The provisions of this Ordinance are applicable to this RECORDSU EST@PBCGOV.ORG solicitation, and shall have precedence over the provisions of this Y TELEPHONE 561-355- solicitation in the event of a conflict.Although preferences will not be OR extended to certified MNVBEs, unless otherwise provided by law, businesses eligible for certification as an M/WBE are encouraged to m. INCORPORATION, PRECEDENCE, JURISDICTION: This maintain their certification in order to assist in the tracking of M/WBE Invitation for Bid shall be included and incorporated in the final availability and awards of contracts to M/ BEs. This information is award. The order of contractual precedence shall be the bid vital to determining whether race and gender neutral programs assist document (original terms and conditions), bid response, and M/WBE firms or whether race and gender preferences are necessary purchase order or term contract order. Any and all legal action in order to address any continued discrimination in the market. necessary to enforce the award or the resultant contract shall be held in Palm Beach County and the contractual obligations shall be interpreted according to the laws of Florida. Item 2-SBE Goals The County has established a minimum goal of 15% SBE n. LEGAL EXPENSES: The County shall not be liable to a bidder for participation for all County solicitations,inclusive of all alternates and any legal fees, court costs,or other legal expenses arising from the change orders. This goal is a minimum, and no rounding will be interpretation or enforcement of this contract, or from any other accepted. matter generated by or relating to this contract. Item 3-Ranking of Responsive Bidders o. NO THIRD PARTY BENEFICIARIES:No provision of this Contract is Bidders who meet the SBE goal will be deemed to be responsive to intended to, or shall be construed to, create any third party the SBE requirement. beneficiary or to provide any rights to any person or entity not a party to this Contract,including but not limited to any citizen or employees a. In evaluating competitive bids or quotes between $1,000 and of the County and/or successful bidder. one million dollars ($1,000,000)where the low bidder is non- responsive to the SBE requirement, the contract shall be 3. BID SUBMISSION awarded to the low bidder responsive to the SBE requirement as long as the bid does not exceed the low bid amount by 10%. a. SUBMISSION OF RESPONSES: All bid responses must be In the event there are no bidders responsive to the SBE submitted on the provided Invitation for Bid"Response"Form. requirement, the contract shall be awarded to the bidder with Bid responses on vendor letterhead /quotation forms shall not be the greatest SBE participation in excess of seven percent(7%) accepted. Responses must be typewritten, written in ink or a participation, as long as the bid does not exceed the low bid photocopy and must be signed by an agent of the company having amount by ten percent(10%). authority to bind the company or firm. FAILURE TO SIGN THE BID RESPONSE FORM AT THE b In evaluating bids in excess of one million dollars($1,000,000), INDICATED PLACES SHALL BE CAUSE FOR REJECTION OF where the low bidder is non-responsive to the SBE requirement, ib Page 412 of 660 0 � Page � the contract shall be awarded tothe low bidder responsive to u- The County may count toward its SBE goals the total value uf the SSE requirements provided that such bid does not exceed acontract awarded toaneligible SBE firm that subsequently is the lowest responsive bid tmmore than one hundred thousand decertified urwhose certification has expired after ocontract dollars ($100.000) plus three percent (3s6) ofthe total bid in award date o,during the performance ofthe contract � excess of one million dollars ($1.000.000). In the event there are nobidders responsive tothe SBE goal, the contract shall o The County orPrime may count toward its SBE goal eportion � beawarded tothe bidder with the greatest SBE participation m ofthe total dollar value ofacontract with ajoint venture,eligible excess o*seven percent(79)participation,provided that such under the standards for certification,equal»zthe percentage of � bid does not exceed the |uwoet responsive bid by more than the ownership and control of the SBE partner in the joint one hundred thousand dollars (S100,000) plus three percent venture � (o%) of the total bid in excess of one million dollars ($1.000.000). d The County orPrime may count toward its SBE goal the entire � expenditures for materials and equipment purchased by an Item 4-Bid Submission Documentation SBE subcontractor, provided that the SBE subcontractor has � SBE bidders, bidding as prime contractors, are advised that they the responsibility for the installation ofthe purchased Materials must complete oo/cmu/v 1 and zcnmmme 2- listing mm g the be and equipment. � performed by their own workforce, as well as the work to be performed by any SBE uubcontractor. Failure to include this e The County or Prime may count the entire expenditure to an � information an Schedule I will result in the panicp ohmn bythe SBE SBE manufacturer |.e, a supplier/ distributor that produces prime bidders own workforce m(TTbeing counted towards meeting goods from raw materials or substantially alters the goods � the SeEgpa|. This requirement applies even if the SBE contractor before resale). 0 intends toperform 100%ofthe work with their own workforce , The County or Prime may count sixty percent (00Y6) of its � Bidders are required m subm�w�x�ei,bid the appropriate SBE- expenditure m SBE suppliers / distributors that are not Mxm8s schedules in order to be deemed responsive to ,he SBE manufacturers requirements. Goe'M8WBE documentation to be submitted is as 0 fvUm*o: g The County or Prime may count toward its SBE goal second and thirdGBE subcontractors;m� pmvid d that ma Prime andsubmits o completed Schedule 2 form our each SBE ...~ .°. s..a° ^o.^`""^ ".= .,=.=° v, v,= oSErnmaamEnno subcontractor. 4 subcontractors intended mbeused in performance ofthe contract, 4 nawarded.This schedule shall also beused ifonSBE prime bidder h The County n,Prime may only count toward its SBE goal the ioutilizing ANY subcontractors goods and services inwhich the SBE incertified and performs � with its own forces. Xurthorizations for annual ie excluded from this Item 7-Responsibilities After Contract Award� Schedule(s) - Letter(s) of Intent to Perform as an SBE or � This nonn enen be submitted by the prime contractor with each � MANSE Subcontractor payment application when SBE subcontractors are utilized in the * uunedu/o 2 shall be completed by the SBE prime ASchedule z performance ofthe contract.This fonnshall contain the names vfall 10 mhon be completed and signed bythe proposed SBE subcontractor SBE subcontractom, specify the subcontracted dollar amount for listed on Schedule 1. SBE Primes and SBE Subcontractors shall each subcontractor and show amount drawn and payments mdate 1) specify the type or work to be pemonneu, the cost and / or issued msubcontractors.This form is intended oobo utilized onau percentage. |fthe SBE intends msubcontract any portion ofthe job non-professional services contracts. � to anotwmroamfied SBs, or nvn'GoE, they are required to list the amount and the name ofthe subcontractor onthis form.The Prime � may count toward its SBE goal second and third tiered Gos A Schedule 4 for each SBE sub shall be completed and signed by ooucontnactv,m� provided that � Prime submits m completed the proposed SBE after receipt nf paymonthom^h�- rine� '-^ a- � Schedule o�nmmreach SBE mumcom�om�Adm�onsubcontractorm may subcontractor intends disburse any funds associated�-— this - � be used as needed. In lieu of Schedule o. m detailed responsive payment toany subcontractor for labor provided nnthis contract, — � pmpvsa|may b*e�m�ab�. amount and name of�euuboo��mo,mmm be listed ,`this form In addition, if the named subcontractor is a certified SBE, then a � ��2� Schedule shall bncompleted and signed bythe named SBE after Only those firms certified byPalm Beach County atthe M ~���fu|� receipt from the SBE subcontractor. When � submission shall toward the Prime haU � submi��hiannw|theaohapp|itionoub !�edt- applicable, Upon receipt of complete application, IT TAKES UP TO NINETY the County payment(oodocumentpaymentie,/n000as.uin�- � (eo) o4nS TO BECOME CERTIFIED AS AN SBE WITH PALM performance of the contract. - BEACH COUNTY./tiothe responsibility nfthe bidder toconfirm the certifimytionofany proposed SBE;therefore, itierecommended that All bidders hereby assure that they will meet the SBE participation bidders visit the on-line Vendor Directory at percentages submitted in their respective bids with the � to verify SBE certification. subcontractors contained on Schedules 1 and 2 and at the dollar m� values specified.Bidders agree toprovide any additional information Item 6 - Counting SBE Participation (and MfWBE Participation requested bythe County to substantiate participation. for Tracking Purposes)� ~ The aummeofu| bidder shall submit an SBE-M&v8EActivity Fnnn o. Once afirm indetermined tu be an eligible SSE according to (Schedule J) and S8EM8WBE Payment Certification Fomns the Pm|m Beach County certification procedures,the County nr (Schedule 4)with each payment application.Failure toprovide these � the Prime may count toward its SBE goals only that portion nf forms may result madelay mprocessing payment ordisapproval nf ~ the total dollar value nfacontract performed bythe SBE. Phn, the invoice until they are submitted The SaE-MNvBsActivity Form � to |ssue, total dollar value of contract will be determined by is to be filled out by the Prime Contractor and the SBE'Mmvas ^ the PBC user department bydefining factors to be considered Payment Certification Forms are to be executed by the SBE or � on value. Total do||u, value of nsoi| contracts shall be Mxmos nnn to verify receipt vfpayment. determined byGross Receipts. � Page 413 Of 660 _ Page 6 Item_ 8-SBE Substitutions 1 Prices offered must be the price for new merchandise and free After contract award,the successful bidder will only be permitted to from defect Unless specifically requested in the bid replace a certified SBE subcontractor who is unwilling or unable to specifications, any bids containing modifying or escalation perform. Such substitution must be done with other certified SBE's clauses shall be rejected in order to maintain the SBE percentages submitted with the bid. 2. The price offered must be in accordance with the unit of Requests for substitutions must be submitted to the user Department measure provided on the bid response page(s).One(1)space and OSSA. or line requires only one (1) single, fixed unit price Anything other than a single, fixed unit price shall result in the rejection d. LOCAL PREFERENCE ORDINANCE:In accordance with the Palm of your bid Beach County Local Preference Ordinance, a preference may be 3. All unit prices bid should be within two (2) decimal points If given to (1) bidders having a permanent place of business in Palm bidder's pricing exceeds two (2) decimal points, Purchasing Beach County or(2)bidders having a permanent place of business reserves the right to round up or down accordingly in the Glades that are able to provide the goods or services within 4 Bidder warrants by virtue of bidding that prices shall remain firm the Gladesfor a period of ninety(90)days from the date of bid submission to allow for evaluation and award. 1. Glades Local Preference: Pursuant to the Palm Beach County 5 Bidder warrants by virtue of bidding that prices shall remain firm Local Preference Ordinance, a 5%Glades Local Preference is for the initial and any subsequent term unless modified by a given when a Glades business offers to provide the goods or special condition. services that will be procured for use in the Glades If the lowest 6 In the event of mathematical error(s),the unit price shall prevail responsive; responsible bidder is a non-Glades business, all and the bidder's total offer shall be corrected accordingly. bids received from responsive, responsible Glades businesses BIDS HAVING ERASURES OR CORRECTIONS MUST BE will be decreased by 5%. The original bid amount is not INITIALED BY THE BIDDER PRIOR TO BID SUBMISSION.IF changed. The 5% decrease given for the Glades Local THE CORRECTION IS NOT PROPERLY INITIALED, OR IF Preference is calculated only for the purpose of determining THE INTENT OR LEGIBILITY OF THE CORRECTION IS NOT local preference. CLEAR,THE BID SHALL BE REJECTED. 2. Local Preference: Pursuant to the Palm Beach County Local 7 Bidders may offer a cash discount for prompt payment. Preference Ordinance, a 5% Local Preference is given to However,such discounts shall not be considered in determining bidders having a permanent place of business in Palm Beach the lowest net cost for bid evaluation purposes unless otherwise County. If the lowest responsive, responsible bidder is a non- specified in the special conditions. Bidders should reflect any local business; all bids received from responsive, responsible discounts to be considered in the unit prices bid. local businesses will be decreased by 5%. The original bid amount is not changed. The 5%decrease given for the Local h. SUBMITTING NO BID or NO CHARGE: Bidders not wishing to bid Preference is calculated only for the purpose of determining on some items sought by this solicitation should mark those items as local preference "no bid". If some items are to be offered at no charge,bidders should 3 To receive a Glades Local Preference or a Local Preference mark those items as"no charge".Items left blank shall be considered (collectively referred to as "local preference"), a bidder must a"no bid"for that item, and the bid shall be evaluated accordingly have a permanent place of business in existence prior to the County's issuance of this Notice of Solicitation / Invitation for Bid. A permanent place of business means that the bidder's I. ACCEPTANCE/REJECTION OF BIDS: Palm Beach County headquarters is located in Palm Beach County or in the Glades, reserves the right to accept or to reject any or all bids. Palm Beach as applicable;or,the bidder has a permanent office or other site County also reserves the right to(1)waive any non-substantive in Palm Beach County or in the Glades, as applicable, where irregularities and technicalities;(2)reject the bid of any bidder who the bidder will produce a substantial portion of the goods or has previously failed in the proper performance of a contract of a services to be purchased.A valid Business Tax Receipt issued similar nature,who has been suspended or debarred by another by the Palm Beach County Tax Collector is required,unless the governmental entity,or who is not in a position to perform properly bidder is exempt from the business tax receipt requirement by under this award;and(3)inspect all facilities of bidders in order to law,and will be used to verify that the bidder had a permanent make a determination as to its ability to perform. place of business prior to the issuance of this Notice of Solicitation / Invitation for Bid. In addition.. the attached Palm Beach County reserves the right to reject any offer or bid if the "Certification of Business Location" and Business Tax Receipt prices for any line items or subline items are materially unbalanced. must accompany the bid at the time of bid submission. The An offer is materially unbalanced if it is mathematically unbalanced; Palm Beach County Business Tax Receipt and this Certification and if there is reason to believe that the offer would not result in the are the sole determinant of local preference eligibility.Errors in lowest overall cost to the County, even though it is the lowest the completion of this Certification or failure to submit this evaluated offer.An offer is mathematically unbalanced if it is based completed Certification will cause the bidder/proposer to not on prices which are significantly less than fair market price for some receive a local preference. bid line item and significantly greater than fair market price for other bid line items. Fair market price shall be determined based on e. DRUG FREE WORKPLACE CERTIFICATION: In compliance with industry standards,comparable bids or offers, existing contracts, or Florida Statute (Section 287.087) attached form "Drug-Free other means of establishing a range of current prices for which the Workplace Certification"should be fully executed and submitted with line items may be obtained in the market place. The determination bid response in order to be considered for a preference whenever of whether a particular offer or bid is materially unbalanced shall be two (2) or more bids which are equal with respect to price, quality, made in writing by the Director of the Water Utilities Department, and service are received by Palm Beach County. citing the basis for the determination. f. CONDITIONED OFFERS:Bidders are cautioned that any condition, j. NON-EXCLUSIVE:The County reserves the right to acquire some or qualification, provision, or comment in their bid, or in other all of these goods and services through a State of Florida contract correspondence transmitted with their bid, which in any way under the provisions of Section 287,042, Florida Statutes, provided modifies, takes exception to, or is inconsistent with the the State of Florida contract offers a lower price for the same goods specifications, requirements, or any of the terms, conditions, or and services.This reservation applies both to the initial award of this provisions of this solicitation, is sufficient cause for the rejection of solicitation and to acquisition after a term contract may be awarded. their bid as non-responsive. Additionally, Palm Beach County reserves the right to award other contracts for goods and services falling within the scope of this g. PRICING: solicitation and resultant contract when the specifications differ from Page 414 of 660 � � this solicitation or resultant contract, or un gunux and services u. - specified in this solicitation when the scope substantially differs from awards shall be publicly posted for review,at the Water Utilities � this solicitation or resultant contract Department, Lobby area, prior to final appmva|, and ema|| remain posted for a period of five(5)business uarc � w. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES: Palm Beach County encourages and agrees tothe successful bidder o. PROTEST PROCEDURE: Protest procedures are provided in � extending the pncino, terms and conditions of this solicitation or the Palm Beach County Purchasing Coda. Protests must be resultant contract toother governmental entities atthe discretion of submitted inwriting, addressed mthe Director ofPurchasing, � the successful bidder via hand delivery, mail o,fax to (5O1)o4o-6785. Protest must identify the solicitation,specify the basis for the protest, and be � v. submitting a bid. received by the Purchasing Department within five(5)business bidder agrees and promises that, during and after a public days of the posting date of the recommended award. The � emergenoy, disastec hurricane, flood, oracts ufGod, Palm Beach protest ioconsidered filed when bioreceived bvthe Purchasing County shall begiven"first priority"for all goods and services under Department.Failure to fi|eprotest aeoutlined inthe Palm Beach � this contract.Bidder agrees mprovide all goods and services mPalm County Purchasing Code shall constitute o waiver of Beach County during and after the emergency at the tenna' proceedings under the referenced County Code � conditiony, and prices ao provided in this solicitation on a "first priority" basis. Bidder shall furnish a24-Uourphone number tothe e. CONTRACT ADMINISTRATION � County in the event of such an emergency. Failure to provide the stated priority during and after anemergency shall constitute breach a DELIVERY ACCEPTANCE: Deliveries ofall items shall � ofcontract and make the bidder subject tvsanctions from doing bemade aesoon ampossible.Deliveries resulting from this bid further business with the Countyare houreoftheCounty � � . Time iomrthe essence and delivery dates must bemet.Should � m. SALES PROMOTIONS I PRICE REDUCTIONS: Should sales the successful bidder fail to deliver on or beforeme stated promotions occur during the term ofthe contract that lower the price dates, the County reserves the right»oCANCEL the order or ofthe procured item,the successful bidder shall extend mthe County contract and make the purchase elsewhere The successful � the lower price offered by the manufacturer on any such promotional bidder shall be responsible for making any and all claims item Further, any price decreases effectuated during the contract against carriers�formiomingor damaged items period byreason ofmarket change orotherwise,shall bepassed on to po|m Beach County. ndditionany, any time after award, the Delivered items shall not be considered "accepted" until an � successful bidder may offer oreduced price which shall remain in authorized agent for Palm Beach County has, by inspection or effect for the duration ofthe contract. test ufsuch items,determined that they appear tofully comply with specifications The Board of County Commissioners may » return,at the expense ofthe successful bidder and forfv||credit, ..." °""=~~= bidder uxa. v=xmm the following and shall use the any item(s) received which fan to meet the County's � specifications or performance standards 1 Submit toPalm Beach County acopy ofits non-discrimination b. FEDERAL Palm Beach County iaexempt policy,which oxaU be consistent with the non'diso,imination from Federal and State taxes. The authorized agent for policy of Palm Beach county aoset forth in Section ub purchasing shall provide an exemption ncmnoote /o the hereinabove; ORamthe event that the successful bidder successful bidder, upon request. Successful bidders are not N� does not have awritten non-discrimination policy o,one that exempted from paying sales tax mtheir suppliers for materials conforms to Palm Beach County's pnUoy.the successful to fulfill contractual obligations with the Cnuntv, nor are bidder shall sign and submit to Palm aoocm County successful bidders authorized to use the County's Tax statement affirming that itwill conform to Palm Beach Exemption Number in securing such materials. County's non-discrimination policy as provided in Palm Beach County Resolution R-2o14-14z1. uomay beamended. c morder for Palm Beach County payment, the Vendor's Legal Name; Vendor's Address and Vendor's The successful bidder shall satisfy the requirements set forth in TIN/FEIN Number on the successful bidder's bid must be this Section prior to execution of contract with Palm Beach exactly the some as it appears in Palm Beach County's vGG County and within a time frame specified by Palm Beach which' —� — b accessed at County (normally within 2 working days of request). The beach.fl.us/webaipipivssp/A[tSelfService. Successful bidders successful bidder's failure msatisfy the requirements set forth invoices h ~ address N� inthis 8e�inn 3.n.shall render its bid non we It is the "°"u p�= of invoices m the Palm County responsibility nfthe successful bidder oomaintain owritten u, Department requesting the goods/services.Invoices submitted m� non-written non-discrimination policy that cmnfnnna with the on carbon paper shall not beaccepted. County's policy as set forth in Section 2b. hereinabove throughout the term of the contract. Failure to meet this PALM BEACH COUNTY requirement shall byconsidered default nfcontract. FINANCE DEPT. -. P.O.Box 4n3e 4. BID SUBMISSION TIME/AWARD OFBID WEST PALM BEACH,F�on4o2�uao a Payment shall be made by the County after goods /senicem ~� published have been moeived, ommpmu and properly invoiced as observed. It is the oo|o responsibility of the bidder to ensure indicated inthe contract and/ororder. Invoices must bear the that their bidarrives inthe Water Utilities Department prior m order number.The Florida Prompt Payment Act iaapplicable tn the published bid submission time.Any bid delivered after the this solicitation. Interest penalties will only be paid in ' precise published time of bid submission sooU not be accordance with the Florida Prompt Payment Act. Florida xonoidonad, and shall be returned to the bidder unopened if Statute 218.70- bidder identification 18.7Obidde,idantifination is possible without opening.aid responses uytelephone, electronics, o,facsimile shall not b* accepted Note:Palm Beach County Vendors can now bepaid uy aiuuem soo|| not be allowed to modify mei, mus after the Credit Card via the County's voluntary Payment Manager published bid submission time p�ngram.For vendors who don't have a merchant account, one is needed to utilize the Program For vendors with a � W� Page 415 Of 660 � Page 8 6 merchant account,you will need to enroll with the Palm Beach 6. PALM BEACH COUNTY_OFFICE OF THE INSPECTOR County Clerk&Comptroller's office For information; contact GENERAL AUDIT REQUIREME�iTS: I the Palm Beach County Clerk&Comptroller at pbcpaymentmgrAmypalmbeachclerk.com or 561355-3295 Pursuant to Palm Beach County Code, Section 2-1121 -2-440. 6 as amended, Palm Beach County's Office of Inspector General d. CHANGES: The Director of the Water Utilities Department, is authorized to review past, present and proposed County Palm Beach County, by written notification to the successful contracts, transactions, accounts, and records. The Inspector bidder may make minor changes to the contract terms. Minor General's authority includes, but is not limited to, the power to changes are defined as modifications which do not significantly audit, investigate, monitor, and inspect the activities of entities alter the scope, nature, or price of the specified goods or contracting with the County,or anyone acting on their behalf,in services.Typical minor changes include, but are not limited to, order to ensure compliance with contract requirements and to place of delivery, method of shipment, minor revisions to detect corruption and fraud Failure to cooperate with the customized Work specifications, and administration of the Inspector General or interfering with or impeding any contract.The successful bidder shall not amend any provision investigation shall be a violation of Palm Beach County Code; of the contract without written notification to the Director of the Section 2-421 - 2440, and punished pursuant to Section Water Utilities Department, and written acceptance from the 125.69. Florida Statutes, in the same manner as a second Director of the Water Utilities Department or the Board of degree misdemeanor County Commissioners. 7. BUSINESS INFORMATION: If bidder is a Joint Venture for the e. DEFAULT:The County may,by written notice of default to the goods /services described herein, bidder shall, upon request successful bidder. terminate the contract in whole or in part if of Palm Beach County provide a copy of the Joint Venture the successful bidder fails to satisfactorily perform any Agreement signed by all parties. provisions of this solicitation or resultant contract, or fails to make progress so as to endanger performance under the terms and conditions of this solicitation or resultant contract, or THIS IS THE END OF"GENERAL CONDITIONS" provides repeated non-performance, or does not remedy such failure within a period of 10 days(or such period as the Director of the Water Utilities Department may authorize in writing)after receipt of notice from the Director of the Water Utilities Department specifying such failure. In the event the County terminates this contract in whole or in part because of default of the successful bidder, the County may procure goods and/or services similar to those terminated, and the successful bidder shall be liable for any excess costs incurred due to this action. If it is determined that the successful bidder was not in default or that the default was excusable (e.g., failure due to causes beyond the control of, or without the fault or negligence of,the successful bidder),the rights and obligations of the parties shall be those provided in Section 5f,'Termination for Convenience" f. TERMINATION FOR CONVENIENCE: The Water Utilities Department may, whenever the interests of the County so require, terminate the contract in whole or in part, for the convenience of the County. The Water Utilities Department shall give five(5)days prior written notice of termination to the successful bidder,specifying the portions of the contract to be terminated and when the termination is to become effective. If only portions of the contract are terminated, the successful bidder has the right to withdraw, without adverse action, from the entire contract. Unless directed differently in the notice of termination; the successful bidder shall incur no further obligations in connection with the terminated Work,and shall stop Work to the extent specified and on the date given in the notice of termination. Additionally, unless directed differently, the successful bidder shall terminate outstanding orders and / or subcontracts related to the terminated Work. g, REMEDIES: No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder now or hereafter existing at law, or in equity, by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof. /k Ilk Page 416 of 660 � Page SPECIAL CONDITIONS � P 8' GENERAL I SPECIAL CONDITION PRECEDENCE @ In the event of conflict between General Conditions and Special Conditiona, the provisions of the Special Conditions ahnU � have precedence. � All mte/euu:u parties/bidders are required to attend n pre-bid conference which isscheduled ho be held at Palm Beach Qognty Water Utilities D )artpient- 8100 Forest Hill Blvd. West Palm Beach FL 33413 nncommencing 'at—Novernber 16, � � - � Atthis time, the County's representative will be available to answer questions relative to this Invitation for Bid UFB\ Any � suggested modifications may be presented in writing to, or discussed with the County's nepreaenbaUve(s) `ao 'onsib|e � amendments to the Invitation for Bid. Said modificoUon(s) must be appnoved, in vvhUng, by the VVabar Utilities Department. Bidders any reminded that statements and information provided at this meeting are not binding unless issued in writing as on � amendment to the Bid. THE BIDDER'S FAILURE TO ATTEND THIS CONFERENCE SHALL RESULT IN DISQUALIFICATION QFTHEIR BID. 0 All interested parties/bidders nhoU sign an attendance sheet. The attendance sheet will be uoUeobyd at (10 minutes after stated start time) local time. Those arriving after the attendance sheet has been collected shall be considered as not in � attendance for purposes ofthe mandatory pre-bid conference, 0 iO. POST AWARD MEETING 0 Within sixty (6X0) days of the effective date of the contract avvand, successful bidder shall meet with the Director of Water 0 Uti|itios, orhis designee, todiscuss job procedures and scheduling � The/Successful Bidder shall contact Vincent Munn, Utilities Operations and Maintenance Manager at to arrange meeting ��---- � � 11. QUALIFICATION OF BIDDERS � This bid shall be awarded only to a responsive and responsible bidder, qualified to provide the goods and/or service specified. b The bidder aha||, upon nequeat, promptly furnish the County sufficient evidence in order to confirm a satisfactory performance record. Such information may include an adequate financial statement of neeourues, the ability to comply with required or W proposed delivery or performance schedule, a satisfactory record of integrity and business ethics, the necessary organization, � experienoe, accounting and operation oontoo|o, and technical skills, and beotherwise qualified and eligible to receive an award under applicable laws and regulations. � � The bidder should submit the following information with their bid response; hovvaver, if not ino|uded, it shall be the responsibility of the bidder to submit all evidenoe, as ao|icited, within a time frame specified by the County (normally within Ill two working days of request). Failure of a bidder to provide the required information within the specified time frame is considered sufficient cause for ��obon of their bid. Information ��brnittm� with m pma�|mu� bid mh�/| not �a�i��v this provision. ' ~ � ' A. List aminimumwhich similar goods and/or services have been provided within the past Five � (5) years including scope contact names, addresses, e-mail addrasaes, telephone numbers and dates—of service on the attached reference sheet included herein. Acontout person shall be someone who has personal knowledge of the bidder's performance for the specific requirement listed. Contact person must have been informed � that they are being used as o reference and that the County may be calling them. DO NOT list persons who are unable toanswer specific questions regarding the naquirement � � � B. The bidder must provide copies of current licensesteertifications thatshow the finn (biddor), oro principal in the firm in licensed to contract the scope of vmork in Palm Beach County, Florida. � t ' Provide copy of valid South Florida Water Management District(SFWMD)Water Well Contractor's License. � � Provide evidence that the Successful Bidder or a licensed Aqua Freed sub-contractor has a minimum � of two (2)years'experience in CO2 Injection of wells; evidence must show successful CO2 Injection in e minimum of ten (10) wells � Page 417 Of 660 E. Provide a list of the number of available well maintenance crews, vehicles and equipment. Page 10 F. Provide a statement on whether bidder can perform maintenance on a minimum of three (3) wells simultaneously. G. Provide evidence of having access to an existing pump shop with a minimum of three(3) years of service experience in diagnostic and maintenance of well pumps 12. AWARD (ALL-OR-NONE) Palm Beach County shall award this bid to the lowest, responsive, responsible bidder on an all-or-none, total offer basis. Therefore, it is necessary for a bidder to bid on every item in order to have a bid considered. It is also required that the bidder carefully considers each item, and make sure that each one meets the specifications as indicated In the event that one item does not meet such specifications the entire bid will be considered non-responsive. Additionally, if a bidder enters a No Bid, or N/A for any item, they will be considered non-responsive. 13. METHOD OF ORDERING (TERM CONTRACT) A term contract shall be issued for a term of 12 months or until the estimated amount is expended, at the discretion of the gp County. The County will order on an "as needed" basis. Work issued by the County during the term of this contract shall be executed until completion by the successful bidder, even if the completion time frame exceeds beyond the expiration date of the contract. Successful bidder shall be paid for all Work completed to the satisfaction of the County. 14. RENEWAL OPTION The successful bidder shall be awarded a contract for twelve (12) months with the option to renew for four 4 additional twelve (12) month period(s). The option for renewal shall only be exercised upon mutual written agreement and with all original terms, conditions and unit prices adhered to with no deviations. Any renewal shall be subject to the appropriation of funds by the Board of County Commissioners. A renewal shall be revoked if a vendor is suspended by the Purchasing Department prior to the commencement of the renewal period. 15. F.O.B. POINT The FO B, point shall be destination. Exact delivery point will be indicated on the term contract delivery order. Bid responses showing other than F.O.B. destination shall be rejected. Bidder retains title and assumes all transportation charges, responsibility, liability and risk in transit, and shall be responsible for the filing of claims for loss or damages. T 16. TIME FOR COMPLETION /DELIVERY Bidder acknowledges and agrees that the time of completion/delivery is an essential condition of this contract. Successful bidder shall respond on site within seventy-two (72) hours after receipt of contract delivery order and prosecute the Work uninterrupted, in such a manner, with the specified labor and equipment so as to ensure that project(s) as defined are completed within the time frame agreed upon, unless a modified delivery/completion date has been requested by the successful bidder and approved in writing by the Director of Water Utilities Department or his designee. The successful bidder shall, within seven (7) calendar days from the beginning of such delay, provide written notification of the causes of the delay to the Water Utilities Department. If the successful bidder shall be delayed in the completion of its Work by reason of unforeseeable causes beyond its control and without fault or negligence, including, but not restricted to, acts of God, the period specified for the completion of delivery shall be extended by such time as may be approved in writing by the Water Utilities Department. 17. AS SPECIFIED All items delivered under the Contract shall meet the specifications required by the Water Utilities Department Standards Manual. Any items that do not meet the specifications will be returned at the expense of the successful bidder. All Work will be undertaken as specified by the Water Utilities Department Director or his designee. Any Work undertaken in a manner other than that specified by the Department Director or his designee may be required, at the discretion of the Department Director or his designee, to be corrected at the expense of the successful bidder, unless the deviation was approved in writing by the Department Director or his designee prior to initiation of the Work. Page 418 of 660 � � Page 11 18. The anticipated term ofthe contract hobeawarded aaaresult ofthis bid is for 12 months. The anticipated value during the contract term is . Palm Beach County reserves the right toincrease ordecrease the � anticipated value as necessary to meet actual msqu/manlents, and to rebid for the contracted goods and services at any time after the anticipated value of this contract has been rnaohed, notwithstanding that the anticipated term has not been completed. Bidder understands and agrees that the quantities of Work or material stated in unit price items are supplied only to give an indication of the general scope of the Work and the County does not expressly or by N� implication agree that the actual quantity of the Work or material will correspond therewith. � 19' QUANTITY � The quantities shown are estimated. Palm Beach County reserves the right to increase or decrease the total quantities as necessary to meet actual requirements. Bidder understands and agrees that the quantities of Work or material stated in unit price items are supplied only to give an indication of the general scope of the work and the County does not expressly or by implication agree that the actual quantity of the Work or material will correspond therewith. Unless stipulated otherwise, Palm Beach County will accept NO minimum order requirements. Additiona||y, bidders are cautioned bo bid in accordance with the unit specified on the bid response page. 20. WORK SITE SAFETY-SECURITY � The Successful Bidder shall at all times guard against damage or loss to the property of Palm Beach County, the bidder's own pnoperty, and/or that ofother contractors, and eho|| be held responsible for replacing or repairing any such loss or damage When applicable, the successful bidder provide fences, signs, barricades, flashing lights, etc. necessary to � . . . . . protect and secure the work oihe(s) and insure that all County. State ofFlorida, {}SHA, and other applicable safety regulations are met. Additionally, successful bidder shall provide for the prompt removal of all debris from Palm Beach County property. Palm Beach County may xvithho|dpayment ormake such deducdoneaadeemed necessary bzensure reimbursement or replacement for loss or damage to property through negligence of the successful bidder or its agents. � 21. EQUIPMENT aThe scope of these specifications is to ensure the delivery of a complete unit ready for operations. The apparent silence of any specification as to any detail, or the apparent omission from it of a detailed description concerning any point, shall be regarded as meaning only that the boat commercial practice is to prevail, and that only material and workmanship of the finest quality are to be used. Omission of any essential detail from these specifications does not relieve the supplier from the furnishing of complete unit 0 b. All equipment must be new, of current manufacture in production at the time of bid opening. 22. WARRANTY � The successful bidder shall fully warrant all itemm, equipment and services furnished hereunder against defect in mebario|e and/or workmanship for aperiod ofominimum ofone (1)yea from date nfdelivery and acceptance byPalm Beach County. Should any defect in materials or workmanship, excepting ordinary wear and tear, appear during the above stated warranty period, the successful bidder shall repair or replace same at no cost to Palm Beach County, immediately upon written notice IR hnm the Director ofPurchasing. 23. INSURANCE REQUIRED -0 Upon notification from the Director of Water Utilities or his designee' and after the closing period has ended for award reoommendation, it shall be the responsibility of the successful bidder to provide evidence of the following minimum P amounts of insurance coverage to Palm Beach County, c/o Water Utilities Department, Attention Procurement Division, 8100 Forest Hill Boulevard,West Palm Beach, Florida 33413vvithin3Odays ofnotification. During the term of the Contract and �� prior to each subsequent renewal thnanf, the successful bidder eho|| provide this evidence to the County prior to the 11i expiration date of each and every insurance required herein. Subsequently, the successful bidder shall, during the term of the Contnact, and prior to each renewal thereo[ provide evidence of insurability to ITS at pbc@instracking.com or fax 562) 435-2099. which is Palm Beach County's insurance management system, prior tothe expiration date ofeach and every insurance required herein. Commercial General Liability Insurance. Successful bidder ahoU maintain Commercial General Liability |nsunsnon. or similar form, atmlimit ofliability not less than $1.000.000 Each Occurrence for Bodily Injury, Personal Injury and Property Damage Liability. Coverage shall include Premises and/or Operations, Independent Contractors, Products and/or Completed N� Operations, Personal Injury/Advertising Liability, Contractual Liability and Brood Form Prd�G*Doj409notC560 � ~_ Page 12 coverages. Coverage for the hazards of explosion, collapse and underground property damage (X-C-U) must also be N� included when applicable tothe work tobeperformed. This coverage oha|Ibeendorsed to include a|mn Beach — Cmuntyss an Additional Insured. Business Auto Liability Insurance. Successful bidder oheU maintain Business Auto Liability Insurance ata limit of liability not ~~ |aas than $1,000,000 Combined Single Limit Each Accident for all owned, non-ovvned, and hired automobiles. /| 0thia conhaxt, the term "Autos" is interpreted to mean any land motor vehic|e, trailer or semi-trailer designed for travel (in n public roads.) In the event successful bidder neither owns nor leases automobiles, the Business Auto Liability requirement ~- shall be amended allowing successful bidder to maintain only Hired & Non-Owned Auto Liability and shall provide either an 0 affidavit or a letter on company letterhead signed by the bidder indicating either the bidder does not own any vehicles, and if vehicles are acquired throughout the term of the contract, bidder agrees to purchase "Owned Auto"coverage as of the date — of acquisition. If vehicles are acquired throughout the term of the contract, bidder agrees to purchase"Owned Auto" coverage as of the date This amended requirement may be satisfied by way of endorsement to the Commercial General Liability, or 0 separate Business Auto coverage form. 0 Workers' Compensation and Employer's Liability Insurance. Successful bidder shall maintain Workers' Compensation & Employer's Liability|naumsnms in accordance with Florida Statute Chapter 440. 0 A signed Certificate of |nsuranne, evidencing that required insurance coverages have been procured by the successful bidder in the types and amounts required hereunder shall be transmitted to the County via the Insurance Company/Agent 0 within a timeframe specified by the County (normally within 2 working days of request) Failure to provide required o insurance shall render your bid non responsive. Except as to Business Auto, Workers' Compensation and Employer's Liability (and Professional |iabi|ity, when applicable), said Certificate(s) shall clearly confirm that coverage required bythe contract has been endorsed to include Palm Beech County asanAdditional Insured. Said Certificate(s) to extent allowable innurer, include a minimum thirty (30) day endeavor ` . . to notify due to cancellation (10 days for nonpayment of premium) or non-renewal of coverage. It is the responsibility 0 of the successful bidder to ensure that all required insurance coverages are maintained in force throughout the term of the contract. Failure to maintain the required insurance shall be considered default of contract. All insurance must be acceptable to and approved by County as to form, types of coverage and acceptability of the insurers providing coverage. Bidder shall agree that all insurance coverage required herein shall be provided by Bidder to County on a primary basis. � � � � � � � Page 420Of660 � SPECIFICATIONS Page 13 BID I WUD16-001[VMG SYSTEM-WIDE WELLFIELD MAINTENANCE FOR PALM EACH COUNTY WATER UTILITIES DEPARTMENT 0 Purpose and Intent 0 The sole purpose and intent of this Invitation for Bid is to obtain firm, fixed pricing for maintenance on 0 approximately ninety-five (95) existing surficial aquifer wells including repair of submersible pumps and 16 related appurtenances ("Work"). Total offer shall include all necessary materials, labor, supervision, 0 equipment, supplies, fees, expertise, and services to ensure completion of required Work. 0) Bidder's Resgonsib,ijity 0 0 This bid will be Unit Price. The bidder agrees to furnish and pay for all materials necessary to complete the Work in accordance with all requirements of the contract documents and in accordance with all applicable codes and governing regulations, within the time limit specified. Bidder assumes all costs, delays and risks associated with all conditions or occurrences which cause or might cause an increase in bidder's cost to complete the Work or which cause or might cause delays in bidder's prosecution of the Work. General Information Work shall be performed in accordance with the latest edition of the Palm Beach County Water Utilities Department Minimum Engineering and Construction Standards, as may be amended from time to time. Bidder agrees to complete all Work in accordance with all requirements of the contract documents and in accordance with all applicable codes and governing regulations, within the time limit specified. Bidder assumes all costs, delays and risks associated with all conditions or occurrences which cause or might cause an increase in bidder's cost to complete the Work or which cause or might cause delays in bidder's prosecution of the Work. Payment Payment is based on the unit price provided on the bid response page. Payment shall be rendered ONLY upon the County's satisfaction of services rendered. Unit price shall include, but is not limited to, all supervision, labor, equipment, tools, machinery, transportation, travel, mobilization, demobilization, manpower, fuel oil, greases, insurance, taxes, fees, suspensions, delays, or any other incidental expenses necessary to fully and completely provide the service(s) as specified herein. No additional compensation shall be offered or paid. No additional shipping/delivery charges permitted. Page 421 of 660 ll� Page 14 SUMMARY OF WORK 0 GENERAL 1.0 Work Covered by Successful Bidder Documents: A. The Work covered by these specifications comprises in general the furnishing of all labor, materials, equipment, supplies, tools and manufactured articles of every kind required to conduct the Work as described by the contract documents. B. The Work shall also include all transportation and all temporary services, utilities, systerns, including those not expressly shown or called for in the Contract Documents, necessary to properly accomplish and complete the Work in accordance with the requirements of the contract documents. - Except as specifically noted, the successful bidder shall provide and pay for: 1. Labor, materials, and equipment. 2. Tools, equipment and machinery. 3. Water, electricity, and other utilities required to complete project. 4. Other facilities and services necessary for proper execution and completion of the ` Work. 5. Permits, surveys, and testing. 1.1 General Provisions: A. The Department Director or his designee must be notified seventy-two (72) hours prior to the commencement of Work at the project site. B. The successful bidder shall be responsible for locating any underground and above ground utilities located within the project site area within the first 30 calendar days following the Notice To Proceed, including potholing and surveying of utility conflicts to avoid project delays, at no cost to the County. C. Any damage to existing above ground or underground utilities occurred during performance of the Work shall be repaired by the successful bidder, at no cost to the County. D. All accessories and appurtenances shall be new, recent manufacturer, complete and ready for use. E. The successful bidder upon completion of the Work, shall remove and legally dispose of all debris and excess materials brought on site or caused to be on site by the successful bidder's activities. F. The successful bidder shallrovide the services of a p qualified manufacturer's technical representative(s) who shall adequately supervise the installation and testing of all equipment furnished under this Contract. G. The successful bidder shall secure and pay for, as necessary for proper execution and completion of Work, and as applicable at time of receipt of bids: Page 422 of 660 1. Permits Page 15 2. Government Fees 3. Licenses H. The successful bidder shall bear sole responsibility for issuing required notices. I. The successful bidder shall comply with codes, ordinances, rules, regulations, orders and other legal requirements of public authorities, which bear on performance of Work. 1.2 Siltation and Bank Erosion: A. The successful bidder shall take adequate precautions to prevent siltation and bank erosion in crossing canal or ditches, in discharging well point system or during other activities. 1.3 Storage of Materials.- A. aterials.A. Suitable storage facilities shall be furnished by the successful bidder. All materials, supplies and equipment intended for use in the Work shall be suitably stored by the successful bidder to prevent damage from exposure, admixture with foreign substances, or vandalism or other cause. The Department Director or his designee will refuse to accept, or sample for testing, materials, supplies or equipment that have been improperly stored, as determined by the Department Director or his designee. Materials found unfit for use shall not be incorporated in the Work and shall immediately be removed from the project or storage site. Delivered materials shall be stored in a manner acceptable to the Department Director or his designee before any payment for same will be made. Materials strung out along the line of the project will not be allowed unless the materials will be installed within two weeks from the time of unloading and stringing out. 1.4 Salvaged Equipment and Materials: A. In the absence of special provisions to the Contract, salvaged materials, equipment or supplies that occur are the property of the County and shall be cleaned and stored as directed by the County. Surplus excavated materials remain the property of the County and shall be spoiled in the area shown on the drawings or designated by the County. Successful Bidder shall deliver salvaged materials, equipment or supplies to the location directed by the County. The existing concrete slab shall be demolished and removed from the site. 1.5 Progress of Work: A. Work shall be performed to the County's specifications including the specified timeline for each NO work project. Failure of the successful bidder to adhere to the established timelines, shall be cause for default and termination of the contract. 1.6 Preservation of Property: A. The successful bidder shall preserve from damage all property along the line of the Work, or which is in the vicinity of or is in any way affected by the Work, the removal or destruction of which is not called for by the plans. Wherever such property is damaged due to the activities of the successful bidder, it shall be immediately restored to its original condition by the successful P, bidder, at no cost to the County. Page 423 of 660 Page 16 B In case of failure on the part of the successful bidder to restore such property, or make good such damage or injury, the County may, after a 48-hour notice to the successful bidder, proceed to V repair, rebuild or otherwise restore such property as may be deemed necessary and the cost thereof will be deducted from any monies due or which may become due the successful bidder under this Contract. 1.7 Clean Up: A. The successful bidder shall keep the project site free of rubbish and waste materials and restore to their original condition those portions of the site not designated for alteration by the Contract Documents. Clean up and restoration shall be accomplished on a continuing basis throughout the contract period and in such a manner as to maintain a minimum of nuisance and interference to the general public and residents in the vicinity of the Work. It is the intent of this specification that the project areas and those other areas not designated for alteration by the contract documents shall be restored to their original condition as nearly as possible immediately after completion of installation. 1.8 Protection of Property: A. The successful bidder shall be responsible for the protection of property, in the areas in the vicinity of the project; and for the protection of his own equipment, supplies, materials and work, against any damage resulting from the elements, such as flooding, by rainstorm, wind damage, or other elemental cause resulting from the project configuration. The successful bidder shall take all precautions against any such damage occurrence, and shall be responsible for damage resulting from same. The successful bidder shall provide adequate drainage facilities, tie-downs, or other protection, throughout the Contract period, for the protection of his, Palm Beach County, and other properties from such damage. END OF SECTION Page 424 of 660 Page 17 PROJECT MEETINGS PART 1 - GENERAL 1.1 Requirements Included A. Palm Beach County Water Utilities Department shall schedule and administer the pre-bid conference, post award meeting, periodic progress meetings, and specially called meetings throughout the progress of the Work. The Department Director or his designee shall: 1. Prepare agenda for all required meetings. 2. Distribute written or electronic notice of each meeting four (4) days in advance of the meeting date. 3. Designate location for meetings. 4. Conduct and lead meetings. 5. Record the meeting electronically or prepare written meeting minutes. 6. Reproduce and distribute a copy of the meeting minutes or the recording of the meeting. B. Representatives of the successful bidder, subcontractors and suppliers attending meetings shall be qualified and authorized to act on behalf of the entity each represents. END OF SECTION Page 425 of 660 Page 18 MOBILIZATION AND DEMOBILIZATION PART 1 - General 1.1 General A. Provide all materials and equipment required to accomplish the Work as specified. B. Furnish pumping equipment of sufficient size and capacity to perform the casing cleaning to the bottom of the injection well casings to be tested. - PART 2 - Execution 2.1 General Set up well maintenance equipment within the area designated. Accomplish all required Work in accordance with applicable portions of the specifications. B, Some obstructions may not be shown. successful bidder is advised to carefully inspect the existing facilities before preparing proposals. The removal and replacement of minor obstructions such as electrical conduits, water, waste piping, and similar items shall be anticipated and accomplished, even though not shown on drawings, or specifically mentioned. C. Successful Bidder shall modify the existing wellhead assembly and all electrical instrumentation to facilitate testing as approved by Palm Beach County Water Utilities Department. The existing 24-inch tee shall remain in place during testing. D, A temporary blow off preventer, capable of shutting in the well, shall be onsite and shall be ready for service at all times while testing, as approved by Palm Beach County. 2.2 Contamination Precautions A. Avoid contamination of the project area. Do not dump waste oil, rubbish, or other similar materials on the ground. r 2.3 Cleanup of Work Project Areas A. Upon completion and acceptance of specified maintenance project work, remove from the site the drill and other miscellaneous items from or used n theimaint maintenance structures, 9equipment, , 9 encs operations. Replace or repair any facility which has been damaged during the maintenance project work. Restore the site as nearly as possible to its original condition. 4 Page 426 of 660 i Page 19 TRAFFIC CONTROL PART 1 - General N► 1 .1 Requirements A. The Work specified in this Section consists of maintaining traffic within the limits of the project for the duration of the work period, including any temporary suspensions of the Work. B.r This shall include: 1 Any necessary detour facilities; 2. The provision of necessary facilities for access to residences, businesses, etc., along the project; 3. The furnishing, installation and maintenance of traffic control and safety devices during maintenance projects; 4. The control of dust; and, 5. Any other special requirements to provide the safe and expeditious movement of traffic throughout the project. 10 C. The term "Maintenance of Traffic" shall include all of such facilities, devices and s operations as are required for the safety and convenience of the public as well as for 10 minimizing public nuisance. D. Maintain local traffic and provide local access at all times. E_ A Maintenance of Traffic Plan must be submitted to the Palm Beach County Engineering Department Construction Coordination Division for review and approval by the Traffic Division. F. Existing language must be maintained throughout the duration of the project, unless shown on the plans or otherwise approved by the Department. 1 .2 Traffic Signing Nk A. All signing shall be fabricated with high intensity sheeting. W. B. All signs, thirty-six inches (36") by thirty-six inches (36") or eight square feet (8 sq. ft.) or Ik larger shall be mounted on two (2) posts unless used in conjunction with a temporary condition. C. The first two (2) advance warning signs shall have flashing amber Type "B" lighting and an eighteen inches (18") by eighteen inches (18") orange flag. D The length of warning sign (G20-1) shall be erected at the limits of any road maintenance job greater than two (2) miles in length where traffic is maintained throughout the job. r Page 427 of 660 Page 20 1 .3 Temporary Pavement Markings A. All temporary pavement markings shall be done in a professional manner without weaves or bows. Raised pavement markers shall be placed along the center lines and edge lines of the detour at twenty foot (20') centers in the transition area where the alignment shift is ten feet (10') or greater. All pavement markers shall be approved by Palm Beach County Traffic Engineering Division prior to installation. C Temporary pavement markings shall be applied to the intermediate asphalt course, and shall consist of foil-backed tape, paper tape or paint meeting both State and County specifications. D. Temporary pavement markings shall also be applied to the final asphalt course unless otherwise directed by the Palm Beach County Engineering Department Traffic Engineering Division. All final course pavement markings shall consist of foil-backed tape. Attached are typicals for said installations. All temporary tape skip-line pavement markings shall be at least four feet (4') in length with a maximum gap of thirty-six feet (36'). A two foot (2') stripe with a maximum gap of eighteen feet (18') may be used for roadways with severe curvature, or as directed by the UW Palm Beach County Engineering Department Traffic Engineering Division. F. All painted lines size and color shall conform with M.U.T.C.D. Part III. The thickness shall not be less than 15 mil, with 6 to 6-1/4 Ibs. of beads per gallon of paint. Both shall be applied uniformly. All painted lines shall be refurbished if at any time the reflectivity falls below 150 minicandales. 1.4 Barricades, Lights and Cones A. All barricades shall utilize high intensity sheeting. & When cones are used they shall be a minimum twenty-eight inches (28") high with a six inch (6") wide white band placed a minimum of three inches (3") but not more than four inches (4") from the top of the cone. An additional four inch (4") band should be placed a minimum of two inches (2") below the six inch (6") band. C. Barricades and lights shall be serviced daily. 1.5 Flag Men and Vests A. Fla men shall be trained in the Flag proper manner as set forth in the M.U.T.C.D. and certified as per Section 102-3.2.3 of the F.D.O.T. Standard Specifications for Road and Pk Bridge Construction. B. All personnel shall wear a high visibility orange vest when working within fifteen feet (15') of the edge of the traffic way. Page 428 of 660 Page 21 0' 1.6 Flashing Arrow Boards A. Flashing arrow boards shall be used on any three (3) lane or larger roadway where traffic is being channelized or diverted, or as directed by the Palm Beach County Engineering Department Traffic Engineering Division. B. Flashing arrow boards shall conform with Section 6E-9 of the M.U.T.C.D. C. Solar arrow boards may be requested by the County at any time. 1 .7 Traffic Signals A. A minimum of forty-eight (48) hour notice must be given to the Palm Beach County Engineering Department Traffic Division, prior to work requiring the realigning of traffic signals. B. Palm Beach County will re-align traffic signals at each location a maximum of two (2) times for each direction (N/S & ENV). Further re-alignment will be charged to ,the successful bidder. C. No material shall be disturbed within six feet (6) of a traffic pole or within the specified distance of a guy wire and anchor to a depth greater than two feet (2) as shown in Figure 1, unless approved by and coordinated with Palm Beach County Traffic Operations. D. Contact Palm Beach County Traffic Operations, twenty-four (24) hours in advance of any excavation. E. Failure to comply with the above shall result in the successful bidder incurring all costs incurred as a result of darnage to the traffic signal installation. These costs shall be paid forty-five (45) days from date of invoice or the following pay estimate will be withheld until payment is made, or the cost may be deducted from the pay estimate. 11.8 General A. The successful bidder shall keep sufficient cold patch asphalt on the job site to fill pot- holes and to perform other minor pavement maintenance as needed. B. All highway equipment shall have a "Slow Moving Vehicle" sign with either a flasher or a beacon operating when the equipment is operating. 1.9 Maintenance of Traffic (M.O.T) Plans A. M.O.T. plans are required whenever traffic is deviated from its present use (changeover)for a period longer than a daylight operation. B. M.O.T. plans shall be submitted to the Palm Beach County Traffic Division on paper not larger than 11" x 17", one copy. C. Plans shall have a north arrow, drawn by, date on which changeover is to occur, lane usage, type and location of all signs, lights, barricades, stripping, barriers, trapi�qRgVAof 660 1 Page 22 all streets within the changeover area, contractor's name and twenty-four (24) hour phone number. D. The plan shall be approved no later than seven (7) days in advance and when a signal is involved no later than ten (10) days in advance of the desired changeover date. E, No changeover shall be allowed on Friday, day before a County holiday, nor during A.M. or P.M. peak. F, Changeovers are discouraged in signalized intersections, G, All M.O.T. plans shall be submitted through the Palm Beach County Engineering Department Construction Coordination Division. H. M.O.T. plans for total road closure shall be approved at least ten (10) days in advance. Palm Beach County Traffic Division will handle all news releases, notifying police, fire rescue, etc. L In no case may the successful bidder begin Work until the M.O.T. plan has been approved in writing by Palm Beach County Traffic Engineering. J. Field modifications may be made with a representative of Palm Beach County Traffic Division present. K. Failure to comply with the above may result in a partial and/or permanent reduction in payment to the successful bidder. END OF SECTION LK 1V Page 430 of 660 Page 23 WELL MAINTENANCE PART 1 - GENERAL 1.1 Requirements A. The successful bidder shall rehabilitate, test and disinfect the specified production wells and perform all appurtenant Work, complete and operable, all in accordance with therequirements of the Contract Documents. The Work shall be performed by a competent crew with equipment that is adequate to complete all phases of well maintenance. C. If the successful bidder's equipment is not capable of satisfactorily performing the Work provided for in these specifications, the successful bidder at its own expense shall substitute equipment. , The successful bidder shall obtain all necessary permits. F All Work shall comply with and be completed in conformance with SFWMD Water Use Management Rules, Chapter 40E-3, F.A.C. for water wells and these specifications. G. All Work shall comply with and be completed in conformance with Palm Beach County Public Health Unit (PBCPHU) regulations. 1.2 Sequence of Events A. The successful bidder is hereby advised that this listing is representative of the Work but that the sequence of testing and maintenance operations may be altered by the Department Director or his designee, depending on the conditions encountered in the wells. B. General Procedures; 1. The Work at each well shall consist of initial well testing, casing cleaning, and video survey. 2. The Department Director or his designee shall determine the repair and maintenance operations to be performed on each well within three (3) business days after the video survey 3. The successful bidder shall submit within five (5) business days a plan to perform the specified repair and maintenance procedures and the Department Director or his designee shall respond to the plan within three (3) business days. s 4. Following repair and maintenance, final well testing and disinfection procedures shall be carried out. Page 431 of 660 I Page 24 5. In general, the following listed procedures shall be performed prior to and after repair and maintenance of the well: a, Provide access to the wells by removing fencing on one or more sides as necessary for entry of successful bidder's equipment. b. Install discharge piping and orifice plate for specific capacity, pump efficiency and sand content test. These tests shall be performed on each well. C_ Perform a 1/2-hour single step specific capacity test and wire to water efficiency test using the well pump and valve. Measure flow, drawdown, discharge pressure, sand production and power consumption. ■ d. Remove production pump, column pipe, and pump motor from each well. Store the pump and column pipe on blocks to avoid contact with the earth and maintenance waste fluids. e. Scrape the well casing using a wire brush. Circulate casing scale, rust and other solids from the well and dispose of according to applicable regulations. f. Pump at least three (3) well volumes of potable water into each well and continue pumping until a clear video image can be obtained. g. Perform a down hole video survey of each well using a radical view camera which views the well both vertically and horizontally. h. Perform maintenance or repair operations as directed by the County i. Maintain the well. j. Re-install pump bowls, column pipe, motor and restore fencing. Set up discharge line and flow meters for specific capacity test. k. Conduct a 1/2-hour step drawdown test and wire-to-water pump efficiency test and measure flow, drawdown, power consumption, discharge pressure, W and sand production throughout the test. I. Disinfect well and re-connect to raw water main. m. Re-sod and restore the site to its original condition and appearance. r u r V Page 432 of 660 1.3 Repair and Maintenance Procedures Page 25 A. Acidization: 1. Acidize the well, if necessary, using 18 to 20 Baume hydrochloric acid. P 2. Following acidization, allow the well to sit for 24 hours, then pump the spent acid to waste and neutralize before disposal. 3. Re-develop the well. B. Chlorination 1, Chlorinate the well, if necessary, using one (1) well volume of 500 mg/I sodium hypochlorite solution. W 2. Following chlorination, allow the well to sit for 18 hours, then pump the spent chlorine solution from the well until the chlorine residual concentration in the discharge water is too low to measure. 3. Maintain the well. 1.4 Materials Delivery, Storage, and Protection A. All materials shall be delivered in an undamaged condition and stored to provide " protection against damage. B. All defective or damaged materials shall be replaced with new materials at the successful bidder's expense. 1.5 Successful Bidder's Equipment A. The successful bidder's equipment shall be clean, well maintained, and in good operating condition when delivered to the site and during the entire operation. 1. The equipment shall be of adequate size, strength, horsepower, and capacity for the project and of the type successfully utilized for the maintenance of similar size or larger size wells within the last two (2) years. 2. All equipment shall be provided with safety devices as required by governmental authorities having jurisdiction. B. The successful bidder shall use tanks of 2,000-gallon capacity or larger as waste tanks for the neutralization of spent acids, chlorination wastes, etc. These tanks shall be used as required during development activities. Page 433 of 660 PART 2 — WELL SURGING Page 26 .°I Well Surging Flow Capacity Testing A. The pumping equipment and pump setting shall be the same as used for well production. B. The successful bidder shall furnish an electrical depth gauge, M-scope, or equivalent capable of measuring depths to water to the nearest tenth of a foot, with sounding tube ® placed at the maximum depth to water anticipated. ® C. The pumping test conducted for the well shall be a 30-minute single rate specific capacity ® test. ® D. A minimum of twelve (12) hours are required for pump shut down and water level ® recovery between the well development and the pumping test. M E. The pump shall be operated at the production rate to be determined by the County. ' F. The successful bidder shall record the time, pumping level, sand production, and discharge as accepted by the Department Director or his designee. G. When the pumping portion of the test is completed, the pump, equipped with a gate valve ® or approved equal, shall be stopped and the water level in the well allowed to recover. w H. The successful bidder shall record the discharge rate each time the pumping water level is measured. I. The Successful bidder shall periodically record the temperature and sand content of the discharge water. J. If the test is aborted or interrupted for any reason, the test shall be stopped; the water level allowed to recover until it reaches the static water level, up to a maximum of four (4) hours; and the test restarted. K. Upon completion of the test, the successful bidder shall verify that no sediment has accumulated in the well. L. Any accumulated sediment shall be removed from the well prior to disinfection. 2.2 Disinfection A. The successful bidder shall provide for disinfection of the well immediately after the final specific capacity test has been completed. B, The successful bidder shall carry out adequate cleaning procedures immediately preceding disinfection where evidence indicates that normal well maintenance work have not adequately cleaned the well. C. All oil, soil, and other materials which could harbor and protect bacteria from disinfectants, shall be removed from the well Page 434 of 660 Page 27 D. Disinfection shall be performed in accordance with the requirements of ANSI/AWWA C654, except as modified herein. The method of chlorination to be used shall consist of: 1. Treating the water in the well casing to provide a chlorine residual of 01 approximately 500 mg/I; IV 2. Circulating the chlorinated water within the well casing and pump column; and, 3. Pumping the well to waste to remove chlorinated water. The quantity of chlorine compounds required to produce a chlorine residual of 500 mg/I may be calculated by multiplying the appropriate quantity shown in NASI/AWWA C654, Appendix A, Table A.1, by the appropriate factor. G A reducing agent, such as sodium bisulfite, shall be applied to the chlorinated discharge water to thoroughly neutralize the chlorine residual remaining in the water prior to disposal. H. The successful bidder shall make provisions for disposal of chlorinated water in accordance with applicable environmental regulations. so 2.3 Disposal of Test Water The successful bidder shall provide all pipeline and facilities for discharging pumped water from the well site. A. The successful bidder shall design the system so that no erosion or flooding results from the discharge. B. The successful bidder shall conform to all waste discharge requirements of State and local agencies, if necessary to discharge waters into the storm water management P, system. 2.4 Site Restoration A. The successful bidder shall restore all fencing to its original condition or better. c B. The site shall be restored to its original condition or better. c c C. Damaged sod shall be replaced by sod of the same variety and bushes replaced by bushes c of the same variety and size. r e r END OF SECTION ® Page 435 of 660 Page 28 PUMPING TESTS PART 1 - GENERAL 1 .1 WORK INCLUDED A. This section covers the labor, equipment, and materials required to perform pumping tests on the wells. B. A five step variable rate pumping test shall be performed on each well. All equipment necessary to conduct these tests will be supplied, operated, manned, and maintained by the successful bidder. C. The successful bidder shall be responsible for failure of equipment and materials associated with the pumping tests, and for negligence on the part of the successful bidder. In the event of such failure or negligence which results in re-running the pumping 40 test, the successful bidder will repeat the test at its own expense. 10 D Under no circumstances shall the test pumping create a vacuum within the well casing. IP 1 .2 SUBMITTALS A. Provide certificates of calibration for flowmeters to be used for flow measurement. tw PART 2 - PRODUCTS tb 2.1 TEST PUMP A. Furnish the necessary instruments and pumping equipment capable of pumping at a steady rate ranging from 500 gpm to 3,000 gpm with a throttling device and valve so that the flow rate can be adjusted. ® B. Furnish a valve, orifice plate, and manometer to control and measure discharge. • C. Provide a pump discharge access port that will deliver 30 psi or provide a 30 psi booster pump for conducting silt density index tests. h h D. Provide and install a 1-1/4" I.D. drop tube between the pump column and casing, from the water level access fitting at the wellhead to five feet above the pump intake. The drop tube will enable the measurement of water levels without interference of the pump or ►; pump column. E. Provide a manometer tube for measurement of static water levels and pumping water levels above land surface. The successful bidder shall provide a method of erecting the ' tube and access for water level measurement. Page 436 of 660 Page 29 2.2 FLOW METER A. Provide a calibrated flow meter with direct measurement and totalizer. Metered flows will range from 500 to 3,000 gpm. B. Certification shall attest to an accuracy of 95% or greater for the range of the flow meter. Certification will be no older than 60 days. 2.3 DISCHARGE PIPING Provide all pipe, fittings, and valves required to transmit discharge water from the pump to a discharge location approved by the Engineer. 3.1 PUMPING TESTS A. Pumping tests will consist of five steps to be run at rates of 600, 1200, 1800, 2400 and 3000 gpm, or at other rates determined by the County. Step duration will continue until drawdown in the production well stabilizes or a maximum of approximately two hours per step. B. The successful bidder shall determine the appropriate engine and valve settings for the desired pumping rate in order to achieve a constant rate as soon as possible after the start of the test. C The static water level shall be measured by the successful bidder prior to the start of pumping each day. D. At the option of the County, a longer steady rate pumping test will be conducted by the same method as described above. Payment for pump tests will be at the hourly pumping test rate regardless of duration. E. Geophysical recording must occur during all pumping tests, including Borehole Geophysical Logging and Video Log. 3.2 DISCHARGE WATER DISPOSAL A. The successful bidder shall set up and maintain discharge piping. B. Discharge water shall be transmitted directly to the temporary holding pond or holding tank. C. The successful bidder shall be prepared to use its temporary holding tanks if additional formation water detention is required by the County. D. The successful bidder shall provide a booster pump if required. Y END OF SECTION Page 437 of 660 Page 30 PRODUCTION WELL ACIDIZATION ® PART 1 - GENERAL ® 1 .1 WORK INCLUDED ® A Following the completion of casing installation and grouting, acidization of the production r zone may be required. ® B. Furnish all labor, equipment, and materials required for acidization. Acidization will be ® done with the artesian head at static condition or lowered using the salt water concentrate. 1 .2 SUBMITTALS r ® A. Provide all chemical manufacturer information and Safety Data Sheets (SDS). r B. Provide acid transportation manifests and load weight tickets. r PART 2 - PRODUCTS r ® 2.1 ACID A. Furnish 1,000 gallons of 20 baume strength acid which is at a minimum 30% hydrochloric acid (food service grade). r 2.2 SODIUM BICARBONATE A. Furnish sufficient sodium bicarbonate to manually distribute around the wellhead, acid hoses, valves, and truck to neutralize any acid spillage. s B. After acidization, prepare a sodium bicarbonate solution to raise the pH of the well development water to an acceptable level for disposal. PART 3 - EXECUTION 3.1 PROCEDURE SEQUENCE A. Install approximately 1,075 feet of drop tubing. The drop tubing will be attached to the 9 wellhead assembly as depicted in the Contract Drawings. B. The acidization wellhead assembly will have access for drop tubing, a two-inch water injection line, a gas relief line, and a pressure gage fitting. All access ports will be valved. C. The wellhead will provide a tight seal up to 100 psi. Provide and install a pressure gage on the wellhead to monitor pressure. D. Pump acid through the drop tubing at a minimum rate of 100 gpm. The pumping method will not introduce ambient air into the well. Page 438 of 660 Page 31 E. At all times the wellhead pressure will be monitored and shall not exceed 60 psi. All equipment and materials must be approved by the County. F. Provide adequate water supply to pump up to 1,000 gallons of chase water, plus the drop tubing capacity. The chase water will be pumped into the well through the drop tubing at a rate of 100 gpm or as designated by the County. Chase water will be potable water with not less than 1 mg/I available chlorine. G. Allow the well to remain undisturbed for two (2) days. During the first day, casing pressures will be monitored continuously. H. If required, excess gas pressure will be bled off as needed. A gas relief pipe will be extended a minimum of 50 feet away from the work area, downwind from any potential immediate receptor. I. Using the drop tubing, collect a water sample for analysis after two (2) days. If required by the County, the successful bidder will pump 2,000 gallons of additional chase water into the well using the same method as paragraph C. J. Discharge the well to the formation water disposal system until water is clear with a pH of 6.0 or higher. Water with a pH below 6.0 will be contained in the holding pond and treated using a sodium bicarbonate solution to neutralize residual acid or be removed from the site. Treated water shall only be discharged from the formation water holding system after approval by the County. END OF SECTION Page 439 of 660 Page 32 WELL FACILITY DISINFECTION PART 1 - GENERAL 1 .1 WORK INCLUDED A. Provide all labor, equipment, and materials to disinfect the well, surface facilities, wellhead, and piping, complete and in accordance with the requirements of AWWA C- 601. , Provide all labor, equipment, and materials to perform analytical tests on the completed well. The successful bidder will subcontract an analytical laboratory to perform sampling and analytical services. The laboratory shall be certified by the State of Florida Department of Environmental Protection. ft 1 .2 SUBMITTALS A. State certifications for the analytical laboratory, - B. Provide sampling reports, completed chain of custody forms, and analytical results for all consecutive sampling events. PART 2 - PRODUCTS 2.1 MATERIALS A. Free chlorine liquid or gas. B, Sodium hypochlorite. PART 3 - EXECUTION 3.1 WELL FACILITY DISINFECTION A. Provide notice to the Department Director or his designee 48 hours in advance of treatment. Provide injection and measurement methods for approval. B. Post warning notices and secure the well from unauthorized access or use. C. All water used for treatment shall be potable water from an approved source. D. Mix a sufficient concentration of chlorinated water solution to maintain a 200 ppm chlorine residual throughout the well, pump, and piping facilities. 4 E. Allow disinfectant to remain in the sealed system for 24 hours. k k w Page 440 of 660 Page 33 3-2 BACTERIOLOGICAL ANALYSIS A. Purge detectable chlorine solution from the well, B. Collect water samples at an approved location 48 hours after disinfection procedure. Sample collection and handling procedures shall be in accordance with state approved laboratory quality assurance plan by an experienced sampling technician. C. Twenty (20) consecutive samples shall be collected, with no more than two (2) samples per day. D Water samples shall be analyzed by an approved independent certified laboratory in accordance with state and local regulations, and in accordance with A published methods. E, The successful bidder shall continue to treat and conduct sample collection and analysis until an acceptable result is obtained. Any system disinfection, sample collection, or analysis required after an unsuccessful first attempt shall be conducted at the successful bidder's sole expense. END OF SECTION IR t 1pj It, Page 441 of 660 P Page 34 SODDING 0 t PART I - GENERAL 1 .01 REQUIREMENTS A Work included: prepare finish grades for sod, deliver and install sod, maintain sod. B Related Work 1. Soil Preparation 2. Trees, Palms, Shrubs, and Ground Cover 1 .02 QUALITY ASSURANCE A. Standards: Federal Specification (FS) 0-F-241 q(1), Fertilizer mixed, Commercial. B. Testing Agency: Independent Testing Laboratory. C. Requirements of State and Local Regulatory Agencies: Materials shall conform to the requirements established by the State Department of Agriculture. w 1 .03 SUBMITTALS A. Certificates: 1. Growers Certification.- a. ertification:a. Grass species, location of field from which sod is cut, and date of cutting. b. Compliance with State and Federal quarantine restrictions.. W 2. Manufacturer's certification of fertilizer and herbicide composition and application rates. 1 .04 PRODUCT DELIVERY, STORAGE, AND HANDLING 0 A. Deliver sod on pallets. B. Protect roots from exposure to wind or sun. C. Protect sod against dehydration, contamination and heating during transportation and delivery D. Do not deliver more sod than can be installed within 24 hours. E. Keep stored sod moist and under shade or covered with moistened burlap. F. Do not stack sod more than 2' deep. G Do not tear, stretch, or drop sod. Page 442 of 660 Page 35 1 .05 JOB CONDITIONS A. Begin installation of sod only after proceeding related Work is accepted by the Department Director or his designee. B. Environmental Requirements: 1. Install sod during months acceptable to common industry practice. 2. Do not install sod until irrigation system can provide immediate watering of sodded areas. C. Protection: Erect signs and barriers against excessive pedestrian or vehicular traffic 1 ,06 GUARANTEE A. Guarantee sod for period of ninety (90) days after date of final acceptance by Palm Beach Count Water Utilities Department. B. Replacement sod under this guarantee shall be guaranteed for ninety (90) days after date of final acceptance by Palm Beach Count Water Utilities Department. C. Repair damage to other plants during sod replacement at no cost to Palm Beach Count Water Utilities Department. PART 2 - PRODUCTS 2.01 SOD A. Grass Species.- 1. pecies:1. Stenotaphrum secundatum "St. Augustine — 'Floratam"'. 2. Paspalum notatum "Bahia Grass" 3. Cynodon dactylon "Bermuda 419" B. American Sod Producers Association (ASPA) Grade: Nursery Grown or Approved equal. C. Furnished in pads of the following dimensions: F p 1. Size: a. Length: 24" b. Width: 16" c. Thickness: 1-1/2" excluding top growth and thatch. 2. Grown in native, completely organic "muck" soil, with minimum 1-1/2" soipnntga�ct4� ��660 roots; not stretched, broken, or torn. r D. Uniformly mowed height when harvested: Page 36 1. St. Augustine: 2-1/2" 2. 419 Bermuda — 1/1/2" E, Thatch: Maximum '/z" uncompressed. Inspected and found free of diseases, nematodes, pests and pest larvae, by entomologist of State Department of Agriculture. G. Weeds: Free of torpedo grass, Bermuda grass, nut grass or any other species of plant other than that specified. H. Dense, well developed root systems; stems uniform in color, leaf texture and density. 2.02 WATER A. Free of substance harmful to plant growth; free from chemicals or minerals that stain or discolor. 2.03 FERTILIZER A. Provide commercial grade fertilizer uniform in composition, dry and in a free-flowing condition for application by suitable equipment, delivered in unopened bags or containers, each fully labeled and complying with Florida state fertilizer laws. LESCO INC. 12-2-14 Turf Fertilizer, 50% polymer coated, slow-release nitrogen to include minor elements (or approved equal). r 2.04 HERBICIDES tb ab A. ROUNDUP as manufactured by Monsanto Company and approved by the State Department of Agriculture and Consumer Services and/or the Department Director or his designee. PART 3 - EXECUTION 3.01 INSPECTION A. Verify topsoil placement and fine grading operations are complete. Verify all other preceding Work required is complete and accepted by the Department Director or his designee. 3.02 PREPARATION A. Verify finish grades are to specified elevations. B. Wet soil surface uniformly to a depth of 2"- 3" or until upper surface is reasonable wet and compacted, before installing sod. Page 444 of 660 C. Roll soil with 100 Ib. Roller- make two (2) passes as necessary Page 37 0 3.03 INSTALLATION A. Locate all trees and palms (existing or newly planted) in areas to be sodded and paint a 10 36-inch diameter circle on the soil around the trunk of each species. Located all shrub 0 and groundcover planting beds and paint a line along the outside limits of mulch (see planting details for additional information). Do not install sod within any painted areas. B. Install sod species as indicated on planting plans and these specifications within 48- hours of harvesting from field. C, Begin sodding berms at bottom of slopes and install parallel to contours. D. Lay first row of sod in straight line with long dimension of pads parallel to slope contours, continue laying sod accordingly. E. Butt side and end joints flush and tight. Do not allow ends to curl or break. F. Stagger end joints in adjacent rows. Do not stretch or overlap sod. G. Peg sod on slopes with a ratio of 3:1 or greater using a minimum or two stakes per square yard using 6" minimum nursery grade bamboo stakes. H. Sod installed adjacent to planting beds should be a minimum distance of 18" from the first row of shrubs. L Cut a 36-inch diameter clean, round, saucer around each tree or palm planted in sodded areas to provide for mulch. Install a clean edge around all planting beds to provide smooth, flowing lines. Corners and angles shall be rounded. Do not injure root ball or cut sprinkler or utility lines. Rake and remove sod pieces and trimmings immediately after operations are complete. J. Water sod immediately after installing. K, Roll sod, except on pegged areas, with roller weighting not more than 100-pounds per foot of roller wither; make two passes. L. Water sod and soil to depth of 4 inches within four hours after rolling. 3.04 LAWN ESTABLISHMENT r A. Watering: 1. Keep soil uniformly moist for the first two weeks after planting. 2. After two weeks, supplement rainfall to produce total of approximately 1-1/2" of water per week or until sod has fully acclimated. 3. Monitor all newly sodded areas to insure that the irrigation system or manual watering operations are providing sufficient water to sod until acceptance by the 1 Palm Beach County Water Utilities Department. Page 445 of 660 B. Mowing: Page 38. 1. Sod shall not be mowed for a period of three (3) weeks after installation. 2. The initial mowing should remove approximately 2-inches of leaf nut no more than 40% of leaf shall be removed in any single mowing. 3. The successful bidder shall maintain all newly sodded areas until final acceptance by the Palm Beach Count Water Utilities Department. Sod shall be mowed based on the following: a. St. Augustine: every 7 days, mow to 3-inches. C. Re-sod areas larger than 1-square foot not having uniform stand of grass. D. Weed Eradication: successful bidder shall be responsible to insure that all newly sodded areas are maintained in a seed-free condition until acceptance by the Palm Beach County ® Water Utilities Department. Apply herbicides only upon approval by the Palm Beach County Water Utilities Department. ® . The successful bidder's maintenance period shall begin immediately after sod is installed and extend until acceptance by the Palm Beach County Water Utilities Department. ® 3.05 FERTILIZING ® A. Apply specified fertilizer three (3) weeks after sod installation. Broadcast at rate of 1 pounds of nitrogen per 1,000 square feet of sod. Water to saturate all fertilized areas ® immediately after installation. 3.06 CLEANING A. Immediately clean spills from paved and finished surface areas. B. Remove debris and excess materials from project site. C. Dispose of protective barricades and warning signs at termination of sod establishment. 3.07 FINAL INSPECTION AND ACCEPTANCE A. Request final inspection for acceptance when all specified Work is completed. B. Replace rejected sod areas as directed by the Palm Beach County Water Utilities Department. END OF SECTION i Page 446 of 660 I Page 39 i II ISCELLANEOUS METALV'ORI 0 PART 1 - GENERAL 0 1 .1 SCOPE A. Furnish, fabricate and install all miscellaneous metalwork and appurtenances shown on the Contract Drawings and specified herein. ■ 1 .2 REFERENCE SPECIFICATIONS P Southern Building Code. Aluminum Association AA-M32. ASTM A36/A36M - Specifications for Structural Steel. ASTM A48 - Specification for Gray Iron Castings. ASTM A53 - Specification for Pipe, Steel, Black and Hot-Dipped Zinc-Coated Welded and Seamless. ASTM A123 - Specification for Zinc (Hot Galvanized) Coatings on Products Fabricated from Rolled, Pressed and Forged Steel Shapes, Plates, Bars and Strips. ASTM A153 - Specification for Zinc Coating (Hot-Dipped) on Iron and Steel Hardware. ASTM A307 - Specification for Carbon Steel Externally Threaded Standard Fasteners. ASTM B209 - Specification for Aluminum and Aluminum Alloy Sheet and Plate. 1.3 SUBMITTALS A, Shop drawings of all miscellaneous metalwork. Indicate profiles, sections, sizes, connection attachments, reinforcing, anchorage, size and type of fasteners, accessories, materials, finishes and relationship to adjoining work. Include erection drawings, elevations and details where applicable. a. Indicate welding connections using standard AWS symbols. Indicate net weld lengths. Submit manufacturer's instructions for installation and connecting methods. B. No fabrication shall be started until shop drawings have been reviewed and approved by the County. C. Shop drawings shall be made in conformity with standard practice and indicate: fabrication, assembly and erection details, sizes of members, profiles, fastenings, supports and anchors, finishes, patterns, clearances, and connections to other work. PART 2 - PRODUCTS 2.1 GENERAL REQUIREMENTS A. All materials shall be of the best quality and entirely suited for the particular service. Metals shall be free from defects and have structural properties to safely render the required service. B. Fastenings shall be non-corrosive, non-staining and concealed. Exposed wJ?(Ngh4.6,7bq 660 ground smooth to form a neat uniform fillet without weakenina base metal. Unexoosed 0 Page 40 0 welds shall have all slag removed before applying shop coating. C. Molded, bent or shaped members shall be formed with clean, sharp rises, without dents, scratches, cracks or other defects. D. All anchors, bolts, shims and accessory items shall be provided as required for building into or fastening to adjacent work. E. All ferrous metals shall be galvanized, except as otherwise specified. P V F. Unless otherwise specified, the miscellaneous metal work shall be equal to or exceed the ® requirements of the following standards: ® Carbon and Low Alloy Steel ASTM Designation V Plates and Structural Fabrication A 36, A 529, or A283 Grade C P Sheet Steel A 570, Grade C ® Bars and Rods A 36 or A306, Grade 60 Pipe - general use A 53 or A 120 Sch. 40 process pipe ® A 524 Grade I r ® Fasteners: ® Standard Strength Bolts A 307, Grade A High Strength Bolts A 325 ® Eyebolts A 489 r ® Steel Coatings: Zinc - Electrodeposited A 164 ® Hot Dipped A 123 and A 386 ® Cadmium A 165 Stainless Steel ASTM Designation Plate and Sheets A 167, Type 316 Bars and Shapes A 276, Type 316 r Fasteners A 167 and A 267, Type 316 ® Anchor Bolts A 302 Minimum Yield Strength 30,000 psi. ® Cast Iron ASTM Designation 16 Gray A 48, Class 30131 4 Malleable A47 Ductile A 536, Grade 60-40-18 Wrought Iron ASTM Designation Plates A 42 Sheets A 162 Shapes and Bars A 207 ' Pipe A 72 Bronze ASTM Designation Rods, Bars and Shapes B 138, Alloy B Soft Fasteners: Yellow Brass Cap Screws and Other Small Fasteners B 16, B 36, or B 134 Silicon Bronze Bolts B 97, B98, B 99, B124 Page 448 of 660 Aluminum ASTM Designation Page 41 Structural Shapes B 308, Alloy 6061-T6 Castings B 26, B 85 and B 108 Extruded Bars, Rods and Tubes B 221 Bars-Alloy 6061, Other- Alloy 6063 Plates and Sheet B 209 Plate-Alloy 6061, Sheets - Alloy 3003 1 Welding Electrodes E-70 Series. G. Grout: Shrinkage-resistant, pre-mixed, factory ry packaged. Provide one of the following: 1. Master Builders: Embecco, 2. Sonneborn: Ferrolith. 3. Toch Brothers: Irontox. 4. W.R. Grace: Vibra-Foil. 5. Sika Chemical: Kemox C. H. Unless otherwise shown, stainless steel metalwork shall be of Type 18-8 stainless steel and shall not be galvanized. l� 1. Shop-Paint with a rust inhibitive primer in accordance with Painting Specifications provided herein. Finish Paint in accordance with Painting Specifications provided herein. J. Materials with more than one specification or grade listed shall conform to the specification or grade providing the highest strength and appropriate mechanical properties for the fabrication technique used. 2.2 PROTECTIVE COATING l� A. All ferrous metal, except stainless steel and galvanized surfaces, shall be properly cleaned and given one shop coat of primer compatible with the coating system specified in the Painting Specifications provided herein. B. Metal work, including anchors, to be encased in concrete shall be shop primed unless specified to be stainless steel or galvanized. Castings that are to be left unpainted shall be cleaned and coated with coal-tar-pitch varnish. C. Hot dip galvanizing or zinc coatings applied on products fabricated from rolled, pressed or forged steel shapes, plated bars and strips shall comply with ASTM A 123. Hot-dip galvanizing or zinc coatings on assembled steel shall comply with ASTM A 386. The weight of zinc coatings shall be designated in Table 1 for the class and thickness of material to be coated. D. Galvanized surfaces for which a shop coat of paint is specified shall be chemically treated to provide a bond for the paint. Except for bolts and nuts, galvanizing shall be done after fabrication. E. Aluminum to be placed adjacent to masonry or dissimilar metals shall be protected with an isolating coating of bitumastic and/or felt. ® Page 449 of 660 .3 PIPE FAN GUARD Page 42 A. Shall be fabricated of steel plate and rods as detailed on the Contract Drawings. Guards shall be hot-dipped galvanized after fabrication. Bolts for fastenings shall be stainless steel. I!<► P 2A STRUCTURAL AND MISCELLANEOUS ALUMINUM P A. All structural and miscellaneous aluminum shapes, bars and plates shall be alloy 6061- 10 T6. All fasteners for aluminum shall be ASTM A 276, type 304 stainless steel. ® B. Aluminum to be placed adjacent to concrete, masonry or dissimilar metals shall be protected with one coat of bitumastic paint. 10 ® 2.5 FASTENERS r ® A. Bolts, screws, nuts, washers, anchors and other fasteners shall be first quality and shall conform to the material specifications named herein. All necessary bolts, anchor bolts, ® nuts, washers, plates and bolt sleeves shall be furnished by the successful bidder in ® accordance herewith. B. Anchor bolts shall have suitable washers and, where so required, their nuts shall be ® hexagonal. Stainless steel and silicon bronze bolts shall have a raised letter or symbol on ® the bolts indicating the manufacturer. ® C. Concrete and masonry inserts shall be drill-in type. Powder or gun-driven, fiber, and plastic inserts shall not be used unless specifically noted. Concrete inserts shall be ® designed to support safely the maximum load that can be imposed by the bolts used in ® the inserts. D. All bolts, anchor bolts, nuts, washers, plates and bolt sleeves shall be type 316 stainless ® steel unless otherwise indicated or specified. If any bolts, anchor bolts, nuts and washers w are specified to be galvanized, they shall be zinc coated, after being threaded, by the hot dip process in conformity with ASTM A 123 or A 153. E. All dissimilar metals shall be connected with appropriate fasteners and shall be insulated with a dielectric or approved equal. Unless otherwise specified, aluminum shall be fastened with Type 316 stainless steel bolts and insulated with micarta, nylon, rubber, or approved equal. " F. Anchor bolts shall be set accurately and be carefully held in suitable templates of approved design. Drill-in type anchors shall not be substituted for anchor bolts. G. Where indicated on the Contract Drawings, specified, or required, anchor bolts shall be provided with square plates at least four inches by 1/8 inch or shall have square heads and washers and be set in the concrete forms with suitable pipe sleeves, or both. Page 450 of 660 P IF Page 43 p PART 3 - EXECUTION Ir 3.1 FABRICATION IF P A. All workmanship shall be first class and conform to recognized and accepted best I practice. All structural materials shall be thoroughly straightened in the shop by methods IF that will not injure them before templates are placed on same for laying out and before any Work is done upon them. Finished members shall be absolutely straight and free from open joints and distortions of any kind. All shearings shall be neatly finished. B. Flame cutting may be used in the preparation of the various members provided this operation is performed by a machine specifically used for such purposes. C. All necessary fillets, connections, brackets, posts and other details not shown on the Contract Drawings, but necessary for the Work, shall be furnished by the Successful Bidder. D. Fabrication shall be by welding except where riveted construction is specifically allowed by the Specifications or by the County. 3.2 ALUMINUM A. Aluminum fabrication shall meet the applicable requirements of the Aluminum Construction Manual, Specifications for Aluminum Structures. 3.3 WELDING A. All welding shall be by the metal-arc method or the gas-shielded arc method as described in the American Welding Society's "Welding Handbook" as supplemented by other pertinent standards of the AWS. Qualifications of welders shall be in accordance with the AWS Standards governing same. B. In assembly and during welding, the component parts shall be adequately clamped, supported and restrained to minimize distortion and for control of dimensions. Weld reinforcement shall be as specified by the AWS Code. C. Upon completion of welding, all weld splatter, flux, slag and burrs shall be removed. Welds shall be repaired to produce a workmanlike appearance, with uniform weld contours and dimensions. All sharp corners of material which is to be painted or coated shall be ground to a minimum of 1/32-inch on the flat. D. The welding of all joints shall produce complete fusion with the parent metal and be free from deleterious metals and cracks. Machine welding shall be used insofar as practicable. Tack welding is not permitted on exposed surfaces. 0 0 E. Finish welded joints shall be reasonably smooth and free from grooves, depressions or ® other irregularities. Any irregularities shall be corrected by welding or grinding. All flush welds of butt joints shall be ground smooth where exposed to view. ® Page 451 of 660 i Page 44 F. Bronze shall be welded by either the inert gas shielded arc method or by brazing with the proper flux and filler metal. 1 3.4 GALVANIZING A. All structural steel plates, shapes, bars and fabricated assemblies required to be galvanized shall, after the steel has been thoroughly cleaned of rust and scale, be galvanized in accordance with the requirements of ASTM A123, "Specification for Zinc (Hot-Dipped Galvanized) Coatings on Iron and Steel Products". B, Any galvanized part that becomes warped during the galvanizing operation shall be straightened. Field repairs to galvanizing shall be made using "Galvinox" or "Galvo- Weld". l C. Bolts, anchors, nuts and similar fasteners, after being properly cleaned, shall be galvanized in accordance with the requirements of ASTM A153 "Specification for Zinc Coating (Hot-Dip) on Iron and Steel Hardware." 3.5 INSTALLATION A. Erect all items plumb, properly spaced, true to line and dimension. Work not conforming to these requirements shall be removed and replaced to conform to the specifications and Contract Drawings. B. Installation and erection shall conform to the best practice with each item set plumb, level, true to line and securely anchored in its proper place. END OF SECTION r e Page 452 of 660 0 Page 45 MEASURMENT AND PAYMENT BID ITEM 1 -TRAFFIC CONTROL Traffic control shall be at the unit price per day. Payment shall be made after submittal of the invoices for barricades, signs, flashing arrow board, traffic cones. Approved traffic plan shall be submitted with payment requests. BID ITEM 2 - BIOLOGICAL ACTIVITY REACTION TEST (BART'S) BART'S shall be based upon the completion of the Work as a unit price including all equipment, power, materials, labor, fuel tools and incidentals necessary to complete the Work. BID ITEM 3 - SPECIFIC CAPACITY TEST BEFORE OR AFTER MAINTENANCE Specific capacity test with County's pump shall be based upon the completion of the Work 10 as a unit price per each including level transducers or well sounder, certified pressure gauge and incidentals necessary to complete the Work and submittal of test report. BID ITEM 4 - WIRE TO WATER PUMP EFFICIENCY TEST Wire to water test shall be based upon the completion of the Work as unit price per each item including level transducers, voltage of each leg with calculation of overall system efficiency with incidentals necessary to complete the Work and transmittal of test report. BID ITEM 5 -STEP DRAWDOWN TEST 8-hour step drawdown test shall be based upon the completion of the Work as a unit price per each Item including level transducers or well sounder, strap on flow meter, contractor's well pump and generator with incidentals necessary to complete the Work and submittal of test report. BID ITEM 6 - SILT DENSITY TESTING (PASSING ONLY, SDI (LESS THAN 3) 4 Silt density index(SDI) tests shall be based upon the completion of the Work as a unit price per each item including field SDI test assembly with Filter Holder, Pressure Gauge, 4 Pressure Regulator, Ball Valve, Graduated Cylinder, Thermometer, Tubing, Filter Tweezers and SDI filters. SDI testing will strictly follow the manufacturer's test procedures. 4 Personnel performing SDI testing shall be required to demonstrate through knowledge of the testing procedure and protocol and be approved by County. Payment will be made at the unit price listed in the Bid Schedule only for passing SDI's less than 3. The County may independently test well and if SDI test result is greater than 3 then the successful bidder or sub-contractor's test shall be considered as a failing test and shall be repeated without compensation. BID ITEM 7 - REMOVE FENCING AND REINSTALL FENCING TO ORIGINAL CONDITION Removal and reinstallation of fencing at each well site shall be based on completion of the Work at a unit price per each item, including all equipment, power, materials, labor, fuel, tools and incidentals necessary to complete the Work. Page 453 of 660 1 Page 46 1 BID ITEM 8 - REMOVE SURFICIAL WELLHEAD, COLUMN PIPE AND WELL PUMP WITH MOTOR 1 AND ACCESSORIES 1 Removal of surficial wellhead, column pipe and well pump with motor shall be based on 1 completion of the Work as a unit price per each item for mobilization, performing all Work, 1 cleanup and demobilization with crane, megger test readings before and after pump with 1 motor removal, lock out and tag out of the well electric, disconnecting the electrical, the 1 removal of the surficial wellhead, column pipe and the well pump with motor, stilling well and transducer, transporting items from the well to the Water Treatment Plant, securing 1 the wellhead with temporary cover, including all equipment, power, materials, labor, fuel, 1 tools and incidentals necessary to complete the Work. 1 BID ITEM 9 - REINSTALL SURFICAL WELLHEAD, COLUMN PIPE AND WELL PUMP WITH MOTOR 1 AND ACCESSORIES 1 1 Reinstallation of surficial wellhead, column pipe and well pipe with motor will be based on 1 completion of the Work as a unit price per each item for mobilization, performing all Work, cleanup and demobilization with crane, transportation items from the Water Treatment Plant to the well site, removing temporary well cover, reinstalling the surficial well head, 1 column pipe and well pump with motor including level transducers and stilling wells, furnish 1 and install new column gaskets and restraint splines for PVC Certa-Lok column pipe, furnish and install electrical splices, megger test readings before and after installing pump 1 with motor, conduit and electrical connections and sealing conduits to prevent water from 1 entering electrical panel, coordination of lock out and tag out, including all equipment, 1 power, materials, labor, fuel, tools and incidentals to complete the Work. 1 BID ITEM 10 -COMBINED STATIC AND DYNAMIC DOWN HOLE 360 DEGREES VIDEO SURVEY 1 WITH TRIPLICATE DVD's INCLUDING PUMP 1 1 Well video surveys including setup shall be based upon the unit price per each item for submittal of three duplicate DVD's as a single unit in accordance with the Bid Schedule and shall include all equipment, power, materials, labor, fuel, tools and incidentals necessary to complete the Work. Payment for the video survey shall constitute full a compensation for video survey services, mobilization of the video logging unit, pumping of potable water with submersible pump (minimum 100 gpm) to provide a clear color video image, rigging up the necessary sheaves and blocks over the borehole, and power supplies, labor, equipment and materials necessary to obtain a clear static video log of the entire of the entire length of the well and a dynamic video of the well screens and potential casing holes during pumping. Transmittal with video shall provide annotation of findings and recommendations for maintenance. BID ITEM 11 - PUMP MOTOR RETRIVAL g Pump motor retrieval shall be based on completion of the Work as a price item unit. The unit price listed in the Bid Schedule shall be full compensation for mobilization, performing all Work, cleanup and demobilization with crane, video camera, fishing and removal pump motor, transporting motor from the well to the Water Treatment Plant, securing the wellhead and temporary cover, including all equipment, power, materials, labor, fuel, tools and incidentals necessary to complete the Work. Page 454 of 660 BID ITEM 12 - CHEMICAL TREATMENT OF WELL WITH LIQUID ACID DESCALER Page 47 Chemical treatment of well with liquid acid descaler, and pH adjusted chlorine solution shall be full compensation to treat the bacteriological mass in the surrounding formation including mobilization, chemical injection, pumping out waste approximately 36 hours later, neutralize the waste, performing all Work, cleanup and demobilization, all equipment, power, materials, labor, fuel, tools, and incidentals necessary to complete the Work. BID ITEM 13 - CHEMICAL TREATMENT WITH 2500 GALLONS OF 1,000 PPM CHLORINE SOLUTION AND NEUTRALIZE WASTE Treatment of well with chlorine solution shall be full compensation to treat the bacteriological mass in the surrounding formation as a unit price per each item including mobilization, chemical injection, pumping out waste approximately 36 hours later, neutralize the waste performing all Work, cleanup and demobilization, all equipment, power, materials, labor, fuel, tools and incidentals necessary to complete the Work. BID ITEM 14 -ACIDIZE WELL WITH 1,000 GALLONS OF 15% HCI (PUMP REMOVED) Acidizing well with 15% Hydrochloric acid shall be full compensation including mobilization, performing all Work, cleanup and demobilization as a unit price item including all chemicals, chemical inhibitors, chemical injection, water chase to push acid into formation, pumping out waste approximately 36 hours later, neutralize and legally dispose of waste, pressure gauges, gas relief and venting equipment, Tyvek disposable suits, gloves, face shields, materials, labor, fuel, tools and incidentals necessary to complete the Work safely. BID ITEM 15 -CARBON DIOXIDE (CO2) INJECTION (3 -4 TONS) INCLUDING PACKER AND GRAVEL TUBE INSTALLATION WITH GROUT SEAL CO2 injection well treatment shall be full compensation including mobilization, performing all Work, cleanup and demobilization as a unit price per each item including all equipment, w power, materials, labor, fuel, tools and incidentals necessary to complete the Work and all modifications to accommodate CO2 injection including but not limited to installing a packer, gravel tube and grout seal, CO2 gas, pressure gauges, gas venting and safety equipment and all licensing fees. CO2 injection shall be performed by trained and licensed operators. The price of CO2 injection shall also include the cost of circulation of the debris from the well and disposal of the solids in accordance with applicable regulations. BID ITEM 16 -CLEAN CASING AND SCREEN WITH CASING SCRAPPER AND BRUSH Cleaning of casing and screen generally follows after a video assessment showing accumulation of calcium or mineral deposits or slime on the casing and/or screen. Payment for removal of surficial wellhead, column pipe, pump and motor and videotaping are paid under separate bid items. Typically a final video is also performed to verify the casing and screen has been cleaned is paid under bid item 10. Cleaning of the casing in each well with brush or casing scraper shall be full compensation including mobilization, performing all Work, cleanup and demobilization including the assembly of the cleaning apparatus at each well with crane and all equipment, power, materials, labor, fuel, tools and incidentals necessary to complete the Work. The price of cleaning the casin shal'660 also include the cost of circulation of the casing scale and debris from the well Pr� i 000 of the solids in accordance with applicable regulations and shall not be measured Page 48 separately if less than one cubic yard. Disposal of containerize solids in excess of one cubic yard shall be paid under bid item 33. BID ITEM 17 -BRUSHING, SWABBING AND JETTING TO REDEVELOP WELL Brushing, swabbing and jetting to develop well generally follows after an assessment and recommendation to redevelop an existing well or to develop a well that has not been rescreened. Project Work includes removal of surficial wellhead, column pipe, pump and motor, videotaping, circulation of the debris from the well and disposal of debris if less than one cubic yard. Disposal of containerize solids in excess of one cubic yard. BID ITEM 18 -RIG WITH CREW Rig with crew shall be full compensation including mobilization, performing all Work, cleanup and demobilization as a unit price per hour item including all equipment, power, materials, labor, fuel, tools and incidentals necessary to complete the Work. BID ITEM 19 -TWO MAN CREW WITH CRANE FOR PIPE MODIFICATIONS AND SMALL PROJECTS NOT INCLUDED IN OTHER BID ITEM Measurement and payment for two-man crew with crane for pipe modification and small projects shall be full compensation including mobilization, performing all Work, cleanup and demobilization as a unit price per hour item including all equipment, power, materials, labor, fuel, tools and incidentals necessary to complete the Work. BID ITEM 20 -EACH ADDITIONAL CREW MEMBER Each additional crew member shall be full compensation including mobilization, performing all Work, cleanup and demobilization as a unit price per hour item including all equipment, power, materials, labor fuel, tools and incidentals necessary to complete the Work. BID ITEM 21- MUD WELL REMOVE EXISTING CASING WITH SCREEN, RISER AND GRAVEL 10 PACK Mud well, remove existing casing with screen, riser and gravel pack shall be full compensation including mobilization, performing all Work, cleanup and demobilization as a unit price per each item with all equipment including drill rig with crew, power, materials, labor, fuel, tools and incidentals necessary to complete the Work. The price of mud well, remove casing with screen, riser and gravel pack shall also include the cost of circulation of the debris from the well and disposal of the solids in accordance with applicable regulations. This bid item does not include air development. BID ITEM 22 - FURNISH 12-INCH DIA. 316L S.S DEEP WELL SCREEN 30 TO 100 SLOT Furnish 12-inch dia. 316L S.S. well screen shall be full compensation for furnishing and delivery to the well site on a unit price per vertical foot basis. BID ITEM 23 -FURNISH 12-INCH DIAMETER PVC CERTALOK RISER Furnish PVC riser, provide and deliver to the well site on a unit price per vertical foot basis. Page 456 of 660 BID ITEM 24 - INSTALL WELL SCREEN & RISER Page 49 Install well screen and riser shall be full compensation including mobilization, performing all Work, cleanup and demobilization as a unit price per each item with all equipment including drill rig or crane with crew, power, materials, labor, fuel, tools and incidentals necessary to complete the Work. BID ITEM 25 - FURNISH AND INSTALL GRAVEL PACK Gravel pack grain size and distribution shall be submitted for approval for each well and shall be appropriately sized for the well screen. Gravel pack shall be paid on a per cubic foot basis including installation of gravel pack with tremie tube as necessary including all equipment, power, materials, labor, fuel, tools and incidentals necessary to complete the Work. The size of the gravel pack shall be specific to each well screen slot size. BID ITEM 26 - WELL SURGING AND FLOW TESTING BY PUMP 2000 TO 3000 GPM Well surging and Flow testing by pump will be based on the actual number of hours of development operations. Payment will be made at the unit price listed in the Bid Schedule including all equipment, power, materials, labor, fuel, tools and incidentals necessary to complete the Work and equipment for air development and disposal of water. The price of shall also include the cost of circulation of the debris from the well and disposal of debris if less than one cubic yard. Also included are the costs of daily sand testing and silt density testing and reporting which shall not be measured or paid separately. BID ITEM 27 - DISPOSAL OF DEVELOPMENT WATER TO LAKE OR SEWER WITH LAY-FLAT HOSE Disposal of development water to lake or sewer with lay-flat hose shall be full compensation for furnishing and delivery to the well site on a unit price per each basis. BID ITEM 28 - DISPOSAL OF DEVELOPMENT SOLIDS THAT NEED TO BE CONTAINERIZED AND PROPERLY DISPOSED BY SUCCESSFUL BIDDER Disposal of solids that need to be containerized and properly disposed shall be full compensation for furnishing and delivery to the well site on a unit price per each basis. BID ITEM 29 - FURNISHING AND INSTALLING NEW STILING WELL 60' TO 80' DEEP Furnish and install new 1" PVC stilling well 60' to 80' deep shall be full compensation for furnishing and delivery to the well site on a unit price per each basis. BID ITEM 30 - FURNISH AND INSTALL 2 NEW S.S. MOTOR SAFETY CABLES AND APPURTENANCES This item would be preceded by removal of surficial wellhead, column pipe and well pump with motor (bid item 8), and followed by reinstallation of surficial wellhead column pipe and well pump with motor (bid item 9) which are paid separately. Two new S.S. motor safety cables and appurtenances shall be full compensation for furnishing, and delivery to the well site on a unit price per each basis including mobilization, performing all Work, welding and fastening, cleanup and demobilization as a unit priAN! 660 vertical foot item with all equipment including drill rig or crane with crew, powe , labor, fuel, tools and incidentals necessary to complete the Work. Page 50 BID ITEM 31 - ON-SITE WELDING Welding services shall be paid on the Contract unit price per hour of welding by Certified Welder including all labor, materials and equipment at the unit price per hour rate listed on 1 the bid form. Time for welding shall be measured as the actual time on the project site plus one hour for transportation time (1/2 hour each way). BID ITEM 32 - MACHINE SHOP WELDING Welding services shall be paid on the contract unit price per hour of welding by Certified Welder including all labor, materials and equipment at the unit price per hour rate listed on the bid form. BID ITEM 33 - DISASSEMBLY AND INSPECTION OF PUMP IN SHOP Disassembly of pump in shop shall be full compensation for delivery from the well site to the shop, disassembly of pump in the shop, preparing a pump report and transmitting the report to the County on a unit price per each basis. Report shall consist of well number, pump manufacturer, pump size, pump speed, serial number of pump, photographs, report detailing deficiencies and recommendation for repair with associated costs. Also included in the cost shall be delivery of the spare parts to the County or refurbished pump after pump maintenance is completed under bid item 34 which shall be paid separately. BID ITEM 34 - PUMP MAINTENANCE IN SHOP Pump maintenance in shop shall be full compensation for all labor and equipment used in pump repair. This item shall follow the disassembly and inspection of pump in shop which shall be paid separately (bid item 33) and shall NOT be duplicated and measured for time under this payment item. Replacement of shafts, bearings, wear rings, adapters etc shall be inclusive. BID ITEM 35 - TRIM IMPELLER IN SHOP Trim impeller in shop shall be full compensation on a unit price per each impeller for labor and equipment to trim impellers to the specified diameter as directed by the County. BID ITEM 36 - MOTOR MAINTENANCE Motor maintenance shall be full compensation for furnishing and delivery from the well site to the motor shop and for repair and or maintenance on a unit price per hour basis. Examples of Work shall include, but limited to, motor diagnostics and disassembly; if motor is acceptable for use then Work shall include, but not limited to, re-potting connections in motor or re-splicing cables. BID ITEM 37 - DISINFECT WELL FOR HEALTH DEPARTMENT CLEARANCE Measurement and payment for well disinfection per ANSI/AWWA C654-03 Disinfection of Wells and Florida Administrative Code 62-555 will be based upon completion of Work in accordance with these Contract Documents on a per each basis including all equipment, power, materials, labor, fuel, tools and incidentals necessary to complete thengdc458 of 660 BID ITEM 38 - BACTERIOLOGICAL TESTING FOR HEALTH DEPARTMENT CLEARANCE Page 51 Bacteriological testing of wells will be based on price item unit including all equipment, r power, materials, labor, fuel, tools, certified testing laboratory services and incidentals necessary to complete the Work. Bacteriological tests shall be performed once or twice a r day, per well, at thespecified interval to obtain a Health Department clearance and as directed by the Department Director or his designee. Sampling shall be done by certified and trained personnel and shall include both weekday and weekends. The samples shall be properly stored and an unbroken chain of custody shall be established and documented. Payments shall only be made for acceptable clearance results. The Contractor shall pay all costs associated with failed test results. BID ITEM 39 - REPLACE EXISTING WELLHEAD WITH NEW 316 S.S. WITH 6" WELL DISCHARGE This item would be preceded by removal of surficial wellhead, column pipe and well pump with motor (bid item 8), and followed by reinstallation of surficial wellhead, column pipe and well pump with motor (bid item 9) which are paid separately. 1 New 316 S.S. wellhead with elbow and appurtenances (see detail in specifications) shall 1 be full compensation for furnishing, and delivery to the well site on a unit price per each 1 basis including mobilization, performing all Work, welding and fastening, cleanup and 1 demobilization as a unit price per vertical foot item with all equipment including drill rig or crane with crew, power, materials, labor, fuel, tools and incidentals necessary to complete Work. Also included in this item is 14-day notification to the Health Department prior to 1 starting Work. 1 BID ITEM 40 -REPLACE EXISTING WELLHEAD WITH NEW 316 S.S. WITH 8" WELL DISCHSARGE 1 1 This item would be preceded by removal of surficial wellhead, column pipe and well pump 1 with motor(bid item 8), and followed by reinstallation of surficial wellhead, column pipe and 1 well pump with motor (bid item 9) which are paid separately. New 316 S.S. wellhead with elbow and appurtenances (see details in specifications) shall be full compensation for furnishing, and delivery to the well site on a unit price per each basis including mobilization, performing all Work, welding and fastening, cleanup and demobilization as a unit price per vertical foot item with all equipment including drill rig or ! crane with crew, power, materials, labor, fuel, tools and incidentals notification to the Health ! Department prior to starting Work. ° BID ITEM 41 - REPLACE EXISTING WELLHEAD WITH NEW 316 S.S. WITH 10" WELL DISCHARGE a This item would be preceded by removal of surficial wellhead, column pipe and well pump with motor(bid item 8), and followed by reinstallation of surficial wellhead, column pipe and well pump with motor (bid item 9) which are paid separately. New 316 S.S. wellhead with elbow and appurtenances (see detail in specifications) shall be full compensation for furnishing, and delivery to the well site on a unit price per each basis including mobilization, performing all Work, welding and fastening, cleanup and demobilization with all equipment including drill rig or crane with crew, power, materials, labor, fuel, tools and incidentals necessary to complete Work. Also included in this item is 14-day notification to the Health Department prior to starting Work. Page 459 of 660 Page 52 BID ITEM 42 - FURNISH AND INSTALL SOD Sod shall be full compensation for furnishing, and delivery to the well site including 0 mobilization, installation, cleanup and demobilization as a unit price per cubic foot item with all equipment and incidentals necessary to complete Work. END OF SECTION Page 460 of 660 BID RESPONSE Page 53 BID#WUD16-00!/VMG SYSTEM-WIDE WELLFIELD MAITENANCE FOR PALM EACH COUNTY WATER UTILITIES DEPARTMENT ITEM DESCRIPTION ESTIMATED UNIT UNIT TOTAL OFFER NO. QUANTITY PRICE LA) 1, Traffic Control 3 Days $_0 2Biological A ctiviy Reaction Tests (BART's) 300 Each $ $ L 3 Specific capacity test before or after maintenance 200 Each $ 4 Wire to water pump efficiency test 200 Eachblo $ ACP 5 Step drawdown test 80 Each Silt density index test(passing only, SDI less & than 3) 100 Each $ $ 7 Remove and reinstall fencing to original condition 15 Each $ $ Remove Surficial wellhead, column pipe, and well 8 pump with motor and accessories 70 Each $ $ Reinstall Surficial wellhead, column—pipe, and 9, well pump with motor and accessories 70 Each $ cf_�)w $ Combined Static and Dynamic Down hold 360 degree color video survey with triplicate DVD's 10, including contractor pump 70 Each $ w $ 11 Pump motor retrieval 60 Hour $ $ W_ Chemical treatment of well with liquid acid 12. des ler 60 Gallon $ Chemical treatment of well with 2,500 gallons of 1-11 13-------------- 1,000 ppm chlorine solution and neutralize waste 70 Each $ "D2 Imp— Acidize well wfth 1,000 gallons of 15% HCL acid (pump removed), neutralize and legally dispose 14. of waste. Must use Time Retard Agent 6 Each $ livu— $ CO2 Injection (3—4 tons) including packer and 15. gravel tube installation with grout seal 1 Each $ NIP- $ Clean casing and screen with casing scrapper 16, and brush 30 Each $ SUBTOTAL-1TEMS#1 -#16 NAME OF COMPANY. Page 461 of 660 ITEM DESCRIPTION ESTIMATED UNIT UNIT TOTAL OFFER NO. jQUANTITY PRICE 17 Brushing, swabbing and jetting to redevelop well 40 Each C073"r 18 Rig with Crew 15 Hour y. Two man crew with crane for pipe modifications 19 and small projects 120 Hour $ IDS 20 Each Additional Crew Member 33 Hour j $ _U $ A 12) Mud Well, remove existing with well screen, riser 21 and gravel pack 3 Each $ $ 2-0 IX�p Furnish 12-inch diameter 316L S.S well screen, Vertica 22 30 to 100 slot Vertica 23 Fumish 12-inch diameter PVC Certalok riser 100 1 Foot $ $ 24 Install well screen & dser 4 Each $ Cubic Fumish and Install gravel pack 800 Feet $ ell Surging & Flow Testing by pump 2,000 to 26 3,000 GPM 500 Hours $ ISISU $ LA=-y- Disposal of development water to lake or sewer 27 with lay-flat hose 20 Each $ Kb" Disposal of solids that need to be containerized 28 and properly disposed 20 Each $ $ Furnish and Install new stilling well 60' to 801 29 dee P 30 Each $ $ Furnish and Install 2 new well S.S. motor safety 30 cables and appurtenances 40 Each $ $ 31 On-site Welding 100 Hours $ P') $ 32 Machine Shop Welding 100 Hours $ 3-54 $ 33 Disassembly and inspection of pump in shop 20 Each $ I $ SUBTOTAL -ffEMS#17-#33 $ NAME OF COMPANY: & Page 462 of 660 mm ----fpaje 55 ITEM DESCRIPTION ESTIMATED UNIT UNIT TOTAL OFFER NO. QUANTITY PRICE 34 Pump maintenance in shop 100 Hours $ — Each Impelle LIZ 35, Trim impeller in shop 8 r $ $ 36. Motor maintenance 50 Hours $ $ 'r® 37 Disinfect well for Health Department clearance 140 Each $ 36e $ fl Owl,- Bacteriological testing for Health Department 33. clearance 100 Each $ VS164 $ 13 Replace existing wellhead with new 316 S.S� with 39.39. 6"well discharge 3 Each -s 4, s Replace existing wellhead with new 316 S.S. with 40, 8"well dL-,charge 3 Each $ 11 $ Replace exisfing wellhead wfth new 316 S.S. with 41, 10'well discharge 3 Each $ W $ Cubic 42, Funnish and Install Sod 10 Yards $ $ GRAND TOTAL OFFER(items#1 - #42) 77 $� PLEASE AFFIX SIGNATURE WHERE INDICATED (FAMLURE TO DO SO SHALL RESULT IN THE REJECTION OF YOUR BID) By signature on this document bidder acknowledges and agrees that fts offer includes and accepts all terms, conditions, and specifications of the County's bid solicitation as originally published, without exception, change or alteration of any kind, except as may have been published by the County in official amendments prior to this date of submittal, FIRM NAME: (Enter the entire legal name of the bidding entity) DATE: JA SI NATURE:'� 1 1 A,umoc� 4r, PRINTNAME: PRINT TITLE: ADDRESS: CITY/STATE: ZIP CODE- TELEPHONE TOLL FREE # D L FAX#: ( APPLICABLE LICE NUMBER # TYPE: FEDERALID# Page 463 of 660 Page 464 of 660 mage 56 s #4 ifs�tl� 1 3e ssls ts> //{{�«} '�-�'r£ ,4� i Tt4 ?> �Qs est tts It£11t 7 tss7 c I Lftll t n 3' ;gidq�r si�a�i list� irestn aGo �ngarv�th the requiehnts Set# rEhinh Q { )itications nfi E+arers` ° stili s, k\ q44— C: k v�9 i l 4 zi S S; AbDREss. tot JIM ON NAMF: P t�� ' ! 4 t � c � �IE } S ` � CALL PH, p, ,fi it+1 AF �YIATI4N f S 1S ;tS,t , PON,al. I t i� i t t_tl i�sas r t�ii s1a, � 7�ti4 st`•.`f £,st;{ttC 1iE ,t�.t - , 11}te, t t,s 3 �,S,`.i t tri, ,i ss 7 fn•'` r t ., s _s.� ',_. is I � 4r f t h } 1 1 r , z --_.. tt '� �tu`�'S��a�, 1 �—� -- f 1s£ + rx �.3 r _ s �_�S i _���i��a s(ss ?;3•a i s„s�o.=�r::: .`.�.��14�"&�� \pit.fl,.6s ���t.,'t1� :. '-,'�, � - - q�y .._�1� `s S.-{_ „°i -1 1,£ ,;;�1- ..r 1p.��__ �S1-_: �� , ;,�f Si�,S � Yi � is , ;�_� �� •r` n.. � "f,.J!, :-3 s� � •aY sll... ,��� �, 1 r 1��`. hht�.. t,�;�s-., ;£ �t .r � 4 n',.I� �t4 s ���,'£$s,f;r�t)t ,tf ¢����� _ � �e E�f�",t s� f d�j. ar, t , '�' f � 1� � ltd tY��d��,':= ,1,�,{ t�Y e��,�,� �,t � ,1�,�{��t�• µµ��=��t.� z, .. . 11 h..u. � },,, �... � •lz ,.5 _al_, s .1„� t1� p... 1 ,,. t. �f ,i ,{� £=” s � Sa �` �4 �7 %r s(1�� s,d1. ��S�r,tF,'� s�,, Se �t2� y��:• :`�� ;� ,�i r, — ;'� zmtilt _ `t 1 ;"r��;y'�£ys 1>1 s f a, �s _,£ �.� _1 �1�t i- �''t a: ° •,ls r 4-' ..,�., ,.'� s 1 s,,, t.. _ �}sfi�,. l SLS o f t 3 �1 . t 1 t s =,t �a �V s f 15 l 1 S s1 ,%i t � t �,� n l S 1 Page 465 of 660 Y1 � > 1 AS Page 57 t ' rs } IJ ,�' T EN 7 tai ,, not � }"'�1tTfjti�t£it}ttl�Ytitl4ss� l fit} OP rt,i. r1 t }i1,s r�S�t i��t4s t "t it -i t All����} j f 1t } Bi er spa((, r � cbid r� e nl1t��t�e r' eprlemen.;s€ for h�Y�#� ; 'i�al fiGat=o s c Bidders_ 1 tt�'tppS G�i{rti� �r�bR�SO �! 5 '�'' i € - Cz �, � � �� � 33C corp, 1T NaME: 5fL i.;T C lS ' t PHQN off ? 7 }` C L f�HoN 1 ts[ i-tl q� s t lc", s:_ .r.. `^` =i. � i st tty�ri IMP� h t � 1 MIN r , t t s., r } u G t, i 1 ;�- t. ,.,, t �.. i „�f t ..,. Is.. S. t-,. r � ..# .&.c-� � ,1 tiff•,., .l a s r,,._.S. x_.a.. ,t.,.:,�,.. ,_ } a.,:. s _t„alt „§ ss a=. n t ra,..»t-, f, yy �, « J _.., - rut t --.a s� tits.-- •..ti.: _ t tln., _'_ Y _c�.'I dui`l1"`.t s} r } rd�t �'� s, ;fi•rtt \r ,s?� s>, s. `3 ,,,a„e� �r...l t,r _ "lq �t `Ur ^Q; � _ s i�,�„t., tit. 1 . tr� .��}�.r. ,� 4` ,�• � ,) ,y„ tl"\, t-� st,- �.L}r t},t., + �.� t �i4 tk,�” �,, } � � �' '� ",td t ',,, +�4s .�t� `1`l�\ 1,=t�Saltd t' �.� �rdir��;{�';,�? dt• � t 'iy s it�,r� 'a. kms i t b e {f � l l s ti �t�rr 1�� ti B• }'�tl�°� +rrtl�tr�xE�y ,r ,f 4„ i VS _..-.. 1�t ,,rtt,),1,.1.,�t.,�.:._.{._t1t•_..1,��..,.t.�..t lt)tt}t�,\i�77 3,?t-l 3 t�.?_f1_,r�tk.pp`(n-__._,-..'._,„.i..� ��A_ti�_�.<,.,t t}1a__.,,?_..`�._..�,.._,1 m_��r. - }, ,... a i l ti r n rir Two't 1 .s iti t ld�j0 11 ti �13 r t Page 466'of 660 AMPS, INC. REFERENCES Seacoast Utility Authority City of Boynton Beach 4200 Hood Road 100 East Boynton each B I vd Palm each Garden, F1 334 tO Boynton Beach, FL 33425 Attn Vince Mollo Atm Phil Taylor Phone (561) 537 0677 Phone (561) 752-6499 Fax (561) 882 4475 Fax (561) 742-6299 City of Palm Bay City of Stuart 1105 Troutman Blvd N E. 121 S.W. Flagler Drives Palm Bay, FL Stuart, FL 34990 Attn: Bill Peters Attn: Paul Hitchcock Phone (32 l) 426-5172 Phone (772) 260-0109 Fax (3 21) 674-t 828 Fax (772) 288-5395 City of Boca to Town of Jupiter 1301 Glades Road 2 t0 Military Drive Boca Raton, FL 33432 Jupiter, FL Attn: Rainy Maharaj Attn: Chris McKenzie Phone (56 1) 338-7316 Phone (561) 742-2605 Fax (56 1) 338-7366 8-7')66 Fax (5 6 t) 746-2792 City of Port St. Lucie Village of Palm Springs 121 S W. Port St. Lucie Blvd 226 Cypress Lane Port St. Lucie, FL 34984 Palm Springs. FL 33461 Attn: George Horner Attn-. Don Ray Phone (772) 370-8607 Phone (561) 965-4022 Fax (772) 420-43) 12 Fax (561) 965-5563 North Springs Improvement District Palm Beach County 9700 N.W. 52 Street 50 S. Military Trail Coral Springs, FL 33076 Suite 110 Attn-. Basil Mantagas West Palm each, FL 33415 Phone (954) 752-0400 Attn: Vincent Munn Fax (954) 755-7237 Phone (561) 818 167') Martin County Utilities City Of Lake Worth 2401 SE Monterey Rd. 7 North Dixie Highway Stuart, FL 34996 Lake Worth, FL 33460 Attn: Todd Leyland Attn: Tim Sloan Phone (772) 221 — 1439 Phone (561) 586- 1710 Fax (772) 221- 1447 Fax (561) 5')')- 7')72 . . Page 467 of 660 .... .... -"A MPS --------------------- AMPS, INC. REFERENCES Village of Wellington City of Pompano Beach 11860 Pierson Rd 301 NE 12 TH STREET Wellington, FL 33414 Pompano Bch, FL 33060 Arm Karla Berrotran ATTN- Donovan Evans Phone (561) 753-2465 Phone (954) 592 1580 Coral Spring Improvement District City of Sunrise 10300 NW 10' Manor 10770 West Oakland Park Blvd. Coral Springs, FL 33071 Sunrise, FL 33351 ATTN: Ed Stover Attn-. Jim Dolan Phone (954) 752 1797 Phone: (954) 572-2424 City of Daytona Beach Town of Davie .3651 LPGA Blvd, 6591 Orange Drive Daytona each, FL 32124 Davie, FL 33314 Attn: Mike Bums Attn: Jeffrey Pinter Phone: (386) 671-8841 Phone: (954) 319-2792 Page 468 of 660 ___m.,._.._...... ............ ...................... z ,n 1-4 c5 ' bi Page 469 of 660 ro c� ® rn fD Lol �• ro fi ZIP mom 4(D O � CL USG A� O C CEJ CL c,Q. r .0 r ~� �x rr. �'• v CD h cu O kN lrh IT CD ti k ~ ti 1 -q ti a r, N (A �. �. IA nkli m V' CDtv .p 1 ® � C r•h N �Ll O cu Ord 6. o c p v' 0 r v o' a � ro Page 470 of 660 7 i 46 Have,-hill P,c, d,S°or"n 1,k/est Palm 'Bea , Dear.Mr. Murray, 'Phis letter is to 41forru you that you have been approved as a course provider for the f loHda Water Well Contractors Continuing Education Program. Your course provider number is 149, Please use this reference number when submitting future;course approvals, Below are the responsibilities of the course,providers, Please far,ailiarize yourseTwiths the following responsibilities to ensure that attendees are awarded their CETT hours appropriately. • The Course Provider shall be required to provide a post-coursework evaluation form to students for completion and provide copies to the Administrator. • Upon receipt of the student's completed evaluation form,the Course Provider will issue a multi- part certificate of attendance to each student who completes approved coursework hours. The completed certificate of attendance will include the approved coursework title and the number d type(R/R or S/13)of approved coursework hours,the date and location of coursework and the instructor's signature. • The Course Provider, if r uested by the Administrates-,shall require all students attending approved coursework to present a valid government-issued picture identification card,and sign an approved coursework sign-in sheet. The sign-in sheet shall reflect the student's name,the water well contractor's license number, if applicable,and the validated student signature. ® The Course Provider shall sign d.date the original approved coursework sign-in sheet and provide copies to the Administrator if so requested. • A Course Provider shall make reasonable ampts to notify potential attendees of the availability of upcoming coursework through any/all available means of communication. ® Approval as a Course Provider is valid for a periad of 2 years, Priortaffitendofdre2year period,you will be contacted by the Administrator regarding your renewal. Enclosed is our Course Approval Form(copy as needed), When you plan to offer coursework, please complete and return the Course.Approval form 45 days prior to the course for approval of the course offered, Please contact our office with any questions you may have. We look forward to working with you. Sincerely, 4r Meghan Millard Florida Mater Well C U Program Florida dater We)l Administrator 325 John Knox Rd Ste 1.103 :— Tallahassee, PL 32303 IORIGINAL Phone(1350)205-5641 �---- . Fax(650)222-3019 Page 471 of 660 IAQUIFER MAINTENANCEPERFORMANCE SYSTEMS INC. Test fleowd Nwft (fir P 'tIx �. _ _- ( r number,scow*eaxity _X -XX - . A .1- -205 s ( X) t ) kftmwk ( ) c ) Tam bw mew spw�� - t - T "WWWMwntv To -Na— AW84WMVWdWwffiCW6cn - 01 7 - _ Fm F-3 : sed*V Yu ( ) No ( ) } t i cunwt AC ( (X) (QAAAWjYw ( ) t ) No (X) Root*dmWkV Yest } No (X) wv - Poe 10 28t ) ( rOG (X) GOR ( ) ) „ 10 ( } 23 ( r ( ) ( ) — - plebw 1 ( 20t r t r c rebmSkit ( ) Spked bull t ) Otw ( _ _ _) T V*w be fwKft WA Pon Fal WA3 Q s Pon( ) t ) Twwmbw rid WA( PM( NO ) 1 Fes( } a WA cid•, pkb � $01 401 d t )0 ( ( X t t ) „+ Robw1 �Xj l *a MIAX 40 Uh—max FBW AMR F2F 3F 4FI v%1 ( ' ( 4Fj 5F(X) Ii 1F( ) 2F ) 2Ft4F Bar Ifte Uln _M" l ) *) t ) ( r YDom( ) ( )' ( w h t*1W wWM slip� OUIMMUon(Aft A W-1) kF JJ a+ FOR YOUR TOTAL PUMP & WELL FIELD NEEDS L Page 472 of 660 0 ANNE, M. CANNON P.O. Box 3353.West Palm Beach;FL 334472-3353 -LOCATED T" CONSTITUTIONAL TAX COLLECTOR: www.pbctax.com Tel:(561)355-2264 Scr7146 HAVE HELL R 'z�irag i�d"n He a,b a`�me tit RIVIERA BEACH, FL 33407 �23-�009qWAIER CbF a4J,"�"6NESS C71+Vt^9FR CERTIFICATION 9 RECEIPT WDATE PAID AMT PAID BLLWELLLCONTRACMR Pv�&JFdriAY,lRCshL:SG� 15370 U37 f2iSt2-1@13QB,'ifi 53 .63 14B752�52� This document is valid only when receipted by the Tax Collector's Office FLORIDA STATE OF PALM BEACH COUNTY 2016/2017 I T AQUIFER MAINTENACE& PERFORMANCE SYSTEMS INC LBTR Number: 200914477 AQUIFER MAINTNACE& PERFORMANCE SYSTEMS INC EXPIRES: SEPTEMBER 302017 7146 HAVERHILL Fad N , RIVIERA BEACH, FL 33407-1029 This receipt grants the privilege of engaging in or lull®uIlaaloullll®olalolouell®io®aoli ®e managing any business profession or occupation within;Is jurisdiction and MUST be conspicuously displayed at the plane of business and in such a manner as to be open to the view of the public. Page 473 of 660 - aN. 7DATEA (MMDDNYYY) CERTIFICATE LIABILITY 12/4/ 16 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. if SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Mikeerson NAME- Silk Silk Insurance Services POE E{tl (610)994-8600 FAA Na{; (610)994-8704 1000 Germantown Pike F.-MAIL. ACDR SSgg m e erson�thesilkcamp anies.com - Suite ,7-4 INSURER(S)AFFORDING CO"JERAGE ----. --.-. --NAIC# Pl;rmcuth Meeting PA 19462 INSURER A Laridi as it American Insurance INSURED Ns(RER a Philadelphia Aquifer Maintenance and Performance Systems Inc NSURERC 7146 Haverhill Road North INSURER INSURER E West Palm Beach FL 33407 INSURER r -COVERAGES CERTIFICATE NU E �CL166900042 REVISION NUMBER: 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, qqqqqq EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSFd __.YYPL Or INSURANCE Ar1G.}l..z Lil fF. -.--. POLICY EFF POLICY EAP -.. _. LIMITS --.. LTR _.. IF'{ UVVD.. PC51,.9CY NUPr16ER. [MM,DDOY`f i Y PeiM.[Ol7ffYYYI__ _ X COMMERCIAL GENERAL LIABILITY .uE .E S 2,000,000 A 'CLAIM'-.,,-MADE OCCUR � T � 300,000 X LHC760312 10/28/2016 10/20/2017 MLD EXP t a me pel, 1 "r: 10,000 PERSONAL&ADV IN F 2,000,000 GEN'L AGGREGA FTI- 0011 APPLIES PER GENERAL AGG I GATE s 2,000,000 X Fc`:A..IC'v' PRC- ... --. ri. TCT IPRC CLC T CON P.=C P AGG 7, 2,000,000 ClHER: AUTOMOBILE LIABILITY hdrial's.. I "c'_.'1�'- xx zrt, 1,000,000 X APSY At1TD eCOIL`f It',iUt.,F+"L(Pr F rt€nr i'. ALL 01E!r^7FD .:CNECH1t"amu AUTOS, A,U"LCE,S PHPK1496245 .5/15/2016 5/1.5/2017 BODILY INJURY(Peraccident) '. HIRECr AUTOS _X. A,JT0S 1,000,000 UMBRELLA LIAR t�t�IIF: E,.CHC)C.!)RRENCE r= EXCESS LIAR C1-t+1`i.9. MA DE --AGGREGATE SEI;. Rr 'NT "N s3. WORKERS COMPENSATION -Es.T CTH- AND EMPLOYERS'LIABILITY YIN n'=:Ar'!TE ANY PRCPRIETCRIPARTNERPEXECUTIVE --- E L EACH ACCICENT CFFICERtMEMBER EXCLUCEC, PJ.IA' (Mandatory In NH) _.. E L CI.SEASE-EA EMP E-- If,, s cilscr:,Lm under _ C � Ri F 0IN OF CPERATIGNS s�tc,�, E I_ G(;.3EP. E e:_is' r i•iT "' A Professional Liability LHC760312 10/28/2016 10/28/2017 SE CCC ded per claim $2,000,000 A Pollution Liability LHC760312 10/28/2016 10/26/2017 S5,0CC ded per Claim $2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space Is required) Palm Beach County C/O Insurance Tracking Services, Inc. (ITS) is listed as additional insured, per written contract, on the General Liability policy CERTIFICATE HOLDER CANCELLATION pbc@instracking.com SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Palm Beach County C/O Insurance THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Tracking Services, Inc. (ITS) ACCORDANCE WITH THE POLICY PROVISIONS. P.O. Box 20270 Long Beach, FL 90801 AUTHORIZED REPRESENTATIVE ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD INSPage 474 of 660 O'25;—)i.xnha AQUIF-1 OP ID_ DP ®AT1 ,,CERTIFICATE LIABILITYI 101041206 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. i IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed If SUBROGATION IS WAIVED, subject tri the terms and conditions of the policy, certain polioies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s)- PRODUCER f-CNTAG' Atlantic Pacific Insurance-PBG rtAlE Matthew A.PeaCe FAX 11382 Prosperity Farms Rd#123 AiC 0 E-11I 800-538-0487 fl,: 561-626-3153 Palm Beach Gardens,FL 33410 E-NA L atthew A.Peace ACDR=sO dha by apins.com INSURERS]AFFORDING COVERAGE NAIC 0 ..._-... INSURER FOCI Insurance Co. ,10178 _ __ ......... _.... .----._. ........ _. . .... INSURED Aquifer aintenance& IINSURERB Performance Systems Inc INSURERc — _ 7146 Haverhill d West Palm Beach, FL 33407 INSURER D INSURER E INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: 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 CCNDrFION OF ANY CONTRACT OR OTHER DOCUMENT VVITH 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 IMAYHAVE BEEN REDUCED BY PAID CLAIMS _ _ ._......... ...... - NSF — ---- A sP�Br'( POLICY EFF �OLII t ETF LTR ( TYPE OF INSURANCE INSD WV0 POLICY NUMBER LIMITS ._�.LI _�. ............. COMMERCIAL GENERAL LIABILITY � 77—'.. ......... AUTOMOBILE LIABILITY IT UMBRELLA LIAB - " -- EXCESS LIAB p i IcWERs C 0 NPEA-rION A��E TOYER tIAN I A t r Ii E =A ; E) Well rehabilitation crews: AMPS, Inc. currently has the following available well rehabilitation crews, vehicle &equipmenti b- 2man crews with 3additional development crews 1I—Fully equipped service trucks 15—Support service trailers 9—Crane trucks ranging from IOton to3Oton 2—Video units from 2" to 24" VVealso have the following support equipment: 4—Drill rigs with capabilities ranging from 2"to36" diameter wells Water truck 2—Water trailers 2—Portable on-site welding trailers 1—Acid unit 2—Cement units F) Aquifer Maintenance & Performance Systems, Inc. (AMPS)was designed to be aspecialized service G' maintenance organization to fulfill the total wellfield needs of the water supply industry. AMPS has committed itself to providing the most honest, cost effective "STATE OF THE ART" environmentally safe maintenance, in situ reconstruction & rehabilitation to ensure dean, safe & plentiful supply of drinking water for the future. AMPS provides all services inhouse without subcontractors, day laborers nrdistributor delays. All equipment& properties are owned by AMPS and with more than 12 million invested in our very specialized equipment all projects can be performed in a timely manner including the ability ofperforming three (3) rehabilitations simultaneously. G} Pumpshop� We have a 10,000 sq/ft in house pump facility with 3 full time pump specialists Machine shop: VVehave a1O,00Osq/ft inhouse machine shop with 2 full time certified machinists Storage: VVealso have a4OOOOsq/ft on-site storage capabilities Page 476Of660 Page 58 RTIP!l A'tI, N C�F,�>�tS=1rN��6� LQ�`ATi�N 4 it y � ft 1 3�_ ,i, y (, 1 IDA ©01l\1 , ."(,i t r In accordance wsttj the Prim 13e`ach County' L`c c l P,referen e Qr`diriance,.ids amended,,o preference may be iuen,ao (1') bidders of bq me s iri,Palm Belch C,oun(y('°County ) or ( � bsdder hav�nq,a permanent peace of °business i`n the��Gl des that are' ,bie to p oulyd,e the gQ't�,ds a��;d/or se'r�ices"�'o``be;utilizer vith,in the' lades,, To receive a' rfrerice, tafll ei must have bermn lilac Qf''kuss jnrithln then` or theiade, , as applicable' prior to the' i my°s is8gonpb of the solicitation ,A uponess Tax R c ipt whic#�is � ,by `the f?alrn � acii County Tax Gtrllectcar; au�.,5orizes the bidder to pro+�ide"the q`ogds/ser`uices being �so7`)cited by the ` t�unty� and will b tp'sdd to verify that fhe�,bfd er had a permanent ,'f of,business IprlQr to the issuance of th,e„solicitation The ,bidider.rnust:subMit'this Certsf[c�t(on of Business Location (''Certification")alcang'with the fequlred i�usiness Tax Receipt at the time of bid or quote submission;; uslriess Tax Receipt and hlsertific ,tonare'the sole dotrfniparit,of local Qrefeten.cc,el�glbilittrrers cn th;eotnpietsoh of this Certifacat(on dor failure to submit this nompleted Cert(fic tion w(ii cause the biefdef to not rieceiVe a Jocat preferepc , fffgztp �,. rice y��{{,�,,e +, 1 IY.R'+�, p ,,�,: „A {�{>£` ,,v ',. a.,.,,, ».;,4 , , ..,,.)) F ,=)�t t, t ,t ,,3 � u,.•,,[ c ,., )�pri o, , )•G E S,, �- ,e ,,,,t� 4 tv t t 1 £, ni t£. � `E p£ ;�.}�., ,h i„ ..�+. s.i��� ,.�,,tt r`l,x,�.,) s}{,71.�A1 ,Sit,, 1�W „r���}„`>��,�ss i .,a,,its s,,r. � #f tr �,� !,,• { ,- � ,., � _.,.. ,, l _, f.r ,z •„ ,,,,. 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'R � - In ace rciancc,fuuith , e�"',Vo ro87 FrS.,;a ►refdr a s;t�al�l Abe:; f k ` M ' R �lj roposals tt�e fp1louu n c0rlinq'i I? ,f�,tn, y nav 4� l rnented awd` "p, S ryftn t j� isl -4, ;s r �= k lce�, roa F�' ,h m' fhc `uir mentc 7 fl8 " } a',e�i �,o' ever`� h,� n` ref e r+ ,, jF �I r,�..,Ga4z>tl +jt �"alil ' ,SIS, lid 1 a r,u ��k tSQ " ,.,Q ,"F iFs !n '� P' # 7 87� lIlforfty with the� �rrnts pursuant oto tie Palrn Beactlo �cad:e;Ck�a,;pte�� ,ItArt�` le'lll, a + pi fMru2,80,34,,: n, efl , lS ire reeled`from�ue'ndcrs w'b �re u subrni ted�Nltb their,bidsl�ro t als a completed Drug Free W6rkp�ace�ert>rfio ion form,ttte award viri�l be Irr�ode ec ?rdance u�i;th Palm Beach County's purchasing procedures pe"rtaining toile bids. ,t �, d` This Drug-Free 1Workplace C60ifica`ti6h form must be executed and returr�e�l with theAttached bidl�propos��lr�And " rec a ed oh r before tt published fir!s�atimiss`ion time to�be considered , Tha failure tolte andlor rotu�rn this cert,�f►catjcin sf�`al�;not ;use arid+ b�dlproposal to`be deemed ndn responsive Ism s�,r,�.. k r Y1 _. f,f W(u � ` II U tir t33,�yy� `af SI f1 �} I ' -x I I t 4.rc �. ,�' . .... .. �,- ... t u�..,1 ,�S- _- {- 1 ._ .,._- i •.,��.. s f .) �:- t �,� ), � nJ, 1. �1� I 1 t � � f l} �i� i i,�t r 13 a` ,� �Sl I V .�t,� .��-L� 4•t�_t„ , .���.�, :}�� � -d s s � � ,I.- ,.S r �t IsG � r��St�}}�;� y2 �r`{I�l f�� � I - � { .`•• ,�1"" ,� I I (rr �, �. 4� ', 4W J,liT3�?, z S EC 1 5 5 w Date r. Page 478 of 660 Page 60 ANON ,D.ISCRIMI'NATIO'N Pf LiCI( . , BI� #W1 '16� Q111/MG ` 1Iutir� k-2014,1421 as may be ,gmended. �# is the policy of the, E3ord of �Ot � I� rof I� + � taf PIm Beach Gpj4�iri4ty 'shah not c'o'nduct business t, 7r'h nor y F f ++ r fir a pry discriminatI' circ fh� basis df race color `nation � g � Ia,q 'Stat , ata us, soxual on _:J n, gender Ident�t�/ and EXpCeS��`lOn, inforrna n- �t„ it s I P Irr aQ ,Counf :are required to subhiit a copy of its nor -�iiscrirninatton pQlie,y t � sl f f fhb P"OIi of Palm n County stated above prior to er?t,ering into any cpntrac# I f ,r) a id o not have a uurltte�n `non=discriminati'Qn policy, uch bidder it ,l�t ,t � ithI pp t # p in blow affi;rirt ghat their non,disip criminatiptn ry y ,Y0 1�, 1,st 4S,ar �� t Ai •,+�), t js t�� t , + ,4; �$S,,,.,� 1 i, �,41, t,,S,,Sy,: 1,1. i � A+ z � , i� )C�r a., ti ,,s c�, �tl)�s7 1, \ , trt7„ �« �-', ,� •,z'%�"A� _ i} ,,� ,, a+tr at _ k,\s m,�, lE<�.5 rr§fin:, ��� ,�h.� 1 ,.:1rs ,c x,t,-,g�� 1 ��1, rrVtn ", ,t , {+45, ,t� } � ,i,a�i 'ldit s- �...v., {.4, i ,, � > .7 v r.. I,'i rs__, ,�11 s..� �t61.S � } It , „• .t,. is ,._r � ._ ,.,. z_ „,...-— _�� —_ :.,i ,\ <... 4, �t� : .- �,� -�. � r --- Nt,;�r }t €,� l,..t s ,, ,.-� 1� t..,�Nh �,� � ,- a � - ,.,,,f„�G n 1, `x '•F, ,..���trt t � -a - ,h '1 3..t{� ��({( -'_;�� '. �31�'7 ':_., i�- •, 2t�� rsf V( vt�3;� _ � ,E. - r { t r � I I i S 1 2 sSs ,1 t *c. ,r 4 ;rpc,. l ..�+4 .id,..�,� ,t 4 ,yl i. t .,.-�. � ,�, 0: i�s�: f�• ,urS `_ t ,Y`s .. ..., „� t � _ _'_ sss�1u, , __1-._. ,. t , r r .._�. , l z!.. , ,. -.. ���` _ ,.-t - _'s'...,.. ,.,- r,, -� ._,. ,,:�,.» 1 :.t 1, -✓. .r ,.,- :- ,_.t 21 , ,, I .. ,, ,,. AS,.<, s ,, ,_. t, t.a •t,. .:,, _ �."1, ,,t. t ,._ � ,._ ) „ , ,4 �,�,.� ,it �. r� �I Page 479'of 660 Page 480 of 660 BID RESPONSE Page 53 BID#WUD16-OOIIVMG SYSTEM-WIDE WELLFIELD MAITENANCE FOR PALM BEACH COUNTY WATER UTILITIES DEPARTMENT F­ ITEM DESCRIPTION ESTIMATED UNIT UNIT TOTAL OFFER NO. QUANTITY PRICE Traffic Control 3 Days $ $ 2 Biological Activity Reaction Tests (BART's) 300 Each $ 1100' $ Lp3 &X) 3 Specific capacity test before or after maintenance 200 Each $ Ay' $ 1�4 =VVire to water pump efficiency test 200 Each $ 4T- $ 5. Step drawdown test 80 Each $ 2,able- Silt density index test(passing only, SDI less 6. than 3) 100 Each $ v $ --------------- J_ 7 Remove and reinstall fencing to original condition 15 Each $ $ Remove Su tial wellhead, columnpip e, and well 8 pump with motor and accessories 70 Each $ Reinstall Surficial wellhead, column pipe, and 9, well pump with motor and accessories 70 Each Combined Static and Dynamic Down hold 360 degree color video survey with triplicate DVD's 10, including contractor pump 70 Each $ 11 Pump motor rebieval 60 Hour $ $ W_ Chemical treatment of well with liquid acid 12 clescaler 60 Gallon $ $ Chemical treatment of well with 2,500 gallons of 13 1,000 ppm chlorine solution and neutralize waste 70 Each Acidize well with 1,000 gallons of 15% HCL acid (pump removed), neutralize and legally dispose 14. of waste. Must use Time Retard Agent 6 Each $ CO2 Injection (3-4 tons) including packer and 15 gravel tube installation with grout seat 1 Each $ Clean casing and screen with casing scrapper 16. and brush 30 Each $ F TAL:WEMS#1 -#16 B $ N AM E OF CO M PANY: Page 481 of 660 54 ITEM DESCRIPTION ESTIMATED UNIT IUNIT TOTAL OFFER NO, QUANTITY PRICE 17 Brushina. swabbing and jetting to redevelop well 40 Each $ 18 Rig with Crew 15 Hour Two man crew with crane for pipe modifications small pr 19 and small projects 120 Hour $ _�n 20 Each Additional Crew Member 33 Hour $ $ Mud Well, remove existing with well screen, riser 21 and gravel pack 1 3 Each $ $ Furnish 12-inch diameter 316E S.S well screen. Vertica 22 30 to 100 slot 16 1 Foot $ $ -JQ4 e ica-­ � $ 0 $ 23, Fumish 12-inch diameter PVC Certalok user 100 1 Foot 24 Install well screen & dser 4 Each $ 18 $ Cubic 25 Fumish and Install gravel pack 800 Feet $ � 15 ........... Well Surging & Flow Testing by pump 2,000 to i 26 3,000 GPM 500 Hours $ $ LA Disposal of development water to lake or sewer 27 with lay-flat hose 20 Each $ Kb'4 Disposal of solids that need to be containerized 1 28 and properly disposed 20 Each $ $ Furnish and Install new stillingwell 60' to 802 29 deep 30 Each $ Furnish and Install 2 new well S.S. motor safety 30 cables and appurtenances 40 Each $ 2ISS $ 1 31 On-site Welding 100 Hours . ......... ._ .... $ $ 32 Machine Shop Welding 100 Hours $ 3154 $ 33 Disassembly and inspection of pump in shop 20 Each $ 1, $ S UB TO TA L -ITEMS#17-#33 NAME OF COMPANY: & Page 482 of 660 Page 55 ITEM DESCRIPTION ESTIMATED UNIT UNIT TOTAL OFFER NO. QUANTITY PRICE 34, Pump maintenance in shop 100 Hours $ Each Impelle 0z 35. Trim impeller in shop 8 r $ $ 6 Motor maintenance 50 Hours $ $ 37 Disinfect well for Health Department clearance 140 Each $ 3Z& Ooow- Bacteriological testing for Health Department !n� 38. clearance 100 Each $ $ 13 Replace existing wellhead with new 316 S.S. with A 39 6"well discharge 3 Each $ 1+1 $ Replace existing wellhead with new 316 S S. with 40 8"well discharge 3 Each $ $ Replace existing wellhead with new 316 S.S. with 41, 10"well discharge 3 Each $ $ Cubic 42- Funnish and Install Sod 10 Yards $ GRAND TOTAL OFFER(fterns#1 - #42) PLEASE AFFIX SIGNATURE WHERE INDICATED (FAILURE TO DO 30 SHALL RESULT IN THE REJECTION OF YOUR BID) By signature on this documerd, bidder acknowledges and agrees that its offer includes and accepts all terms, conditions, and specifications of the County's bid solic" n as originally published, out exception, change or alteration of any kind, except as may have been published by the County in official amendments prior to this date of submittal. FIRM NAME: (Enter the entire legal name of the bidding entity) DATE: t4A V1 t Y)Wit,4,- N( V JA Sli�NATURE:._,,_ ire PRINT NAME: PRINT TITLE: ADDRESS: CITY I STATE: own ZIP CODE: TELEPHONE# L.[qH-- 2SLiq E-MAIL: CLYA 1-j TOLL FREE # b1z U6_ 6e)IL FAX#: ( 41nH )AL4 q APPLICABLE LICENSE(S) NUMBER # 1131D TYPE: FEDERALID# Page 483 of 660 Page 484 of 660 7.B. BIDS AND PURCHASES OVER$100,000 4/2/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 4/2/2019 REQUESTED ACTION BY COMMISSION: Approve a 10% contingency for the underground utility work associated with the District Energy Design Build Contract with The Haskell Company in the amount of $307,357, increasing the total cost from$3,073,572 to $3,380,929. EXPLANATION OF REQUEST: Kimley Horn developed a design package for the underground utilities in the Town Square project area. This design was used to develop the agreed contract currently in place with The Haskell Co. to complete the work. During the execution of the work, in the field, it has been determined that there are unforeseen issues with providing ongoing service to several homes adjacent to the work area. This existing utility system information was not available to the design team due to the lack of"as built" record drawings. The utility /consultant had to rely on hand draw sketches developed many years ago. Staff is requesting a 10% contingency in the amount of$307,357 to address unforeseen issues in connection with this project. The City issued PO 190351 on 10/19/18 for $3,073,572.00 for underground utility work in association with the Town Square Project. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? This will enable continuity of supply to existing customers surrounding the Town Square project area. FISCAL IMPACT: Budgeted Funds will be available from account 404-5000-533-65.01 W T1901 ALTERNATIVES: Do not approve contingency. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 485 of 660 ATTACHMENTS: Type Description D Addendum Haskell Underground CO Page 486 of 660 t f TY PURCHASE ORDERCOF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 3301 Quantum Blvd. Suite 101 P.O. #• 190351. BOYNTON BEACH,FLORIDA 33425-0310 DATE: 10/19/1B VENDOR 17318 SHIP TO: TO: THE HASKELL COMPANY City of Boynton Beach 111 RIVERSIDE AVE. EAST UTILITY ADMIN JACKSONVILLE, FL 32202 124 E. WOOLBRIGHT ROAD BOYNTON BEACH, FL 33435 REQUISITION NO. ORDERING DEPARTMENT I DATE NE 0 0a BID NO COMMISSION APPROVED, EXTENDED LINE## QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST * CHANGE # : 1 * CHANGE ORDER * DATE CHG: 12/31/18 2 3073572200 DL CHANGE pRD 1 - AM `.ENT DA.' ED 1..0000 3073572.00 11/30/18 sl -3] .BY MAYOR UN 12/20/1$ R ': GM' P )TTLT-T E- MV. TRUC� t ftR TOWN SQUARE PROJECT' IN THE O ; OF: $3, 073,572 .66 RR KS: -b9STGN & RUILD .OF THE DISTRICT ENERGY S..Y.-.1T �;.,. !031tDING &..:CHILLED WATER. PIPING 'D.ISTRI$UTI SYSTEM. R1$-0.43 (.APPRQVXN0, A GUARANTEED MAXIMUM `PRI:CE ?QR DESIGN & CONSTRUCTION OF 'TEH DEP IMPROVEMENTS) CQ ..,,SSION ADOPT' ON 3/13/'1.B MA�"C7R SIGNED 'AGREEMENT- BETWEEN O R .-& DESIGN-BUILDER ON 9/18/1.8 . 12/3I:/18; CHANGE ORDER 1 - INCREASE P0 $3, 073,572 . RECEIVED JAN 2 201 CITY OF BOYNTON BEACH UTILITIES I� CCURE ENT SERVICES. P.O. TOTAL: 3073572.00 ACCOUNT NO. PROJECT SEE BELOW DEPARTMENT Page 487 of 660 PURCHASE ORDER CITY OF BOYNTON FLORIDA BEACH, PROCUREMENT SERVICES DEPARTMENT 3301 Quantum Blvd. Suite 101 P.O. Box 310 P.O. ; 190351 BOYNTON BEACH, FLORIDA 33425-0310 DATE: 10/19/18 VENDOR 17316 SHIP TO: TO: THE HASKELL COMPANY City at Boynton Beach 111 RIVERSIDE AVE. EAST UTILITY ADMIN JACKSONVILLE, FL 32202 124 E. WOOLBRIGHT ROAD BOYNTON BEACH, FL 33435 REQUISITION NO. ORDERING DEPARTMENT. • " DATE NEEDED ID NO: COMMISSION APPROVED: EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST * CHANGE_ 1 * CHANGE ORDER * DATE CHG: 12/31/18 * ACCO ING INFO ON O O S :: -'�'1 T ��GE TO THE OR* ------------ -.}-----_--- ----__-.__-----------__ -- --------------- REQ/ACCT DATZ REQ.. BY P CT oUNT ------------------ -------------------------------------- rt -------------- 72339 10/12/18 UTIL GIEEI . TP 1:90::1 3073572.00 40450005335501 --------- PROCUREMENT SERVICES: P. , TOTAL ACCOUNT NO. PROJECT DEPARTMENT Page 488 of 660 7.C. BIDS AND PURCHASES OVER$100,000 4/2/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 4/2/2019 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R19-043-Authorize the City Manager to sign the proposal from CROM Coatings and Restorations (CCR), a division of CROM, LLC in the amount of$181,200 for the repair of 5 potable water storage tanks. This is a sole source based on the warranty. EXPLANATION OF REQUEST: Florida Administrative Code 62-555.350 covers the operation and maintenance of public water systems and mandates that all storage tanks should be inspected on a 5 yearly basis for any engineering defects or other deficiencies that might impact water quality. All of our prestressed concrete tanks and the elevated tower were designed and constructed by Crom, LLC. The design of the tower is unique and the tank construction is highly specialized. In consequence Crom, LLC have created a subsidiary, CCR, to manage this specific requirement. CCR have the approved and experienced engineering personnel who can perform these inspections and remedial work. This remedial work/repair is the result of the State of Florida mandated engineering inspection (required every 5 years) of our 5 potable water storage tanks by Crom Coatings and Restorations (CCR), a subsidiary of Crom, LLC who is the original constructor. The inspections of these tanks was completed at the beginning of 2019. CROM is the only company that can make the certified repairs. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The Utility is required under the terms of its permits to maintain the system to the approved standards. This work meets the requirements of the regulations and ensures that the potable water supply system continues to operate to the highest standards FISCAL IMPACT: Budgeted Budgeted. Funds are budgeted in account 403-5000-533-65.02 ALTERNATIVES: The inspection completed at the beginning of 2019 is required by the Florida Administrative Code 62- 555.350. CROM is the only company that can make the certified repairs. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No Page 489 of 660 CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description Resolution authorizing the City Manager to sign D Resolution the proposal for repair of potable water storage tanks D Other CROM Repairs Proposal D Addendum Sole Source for Inspection & Repair Ser\4ces Page 490 of 660 1 RESOLUTION NO. R19- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, APPROVING AND AUTHORIZING THE CITY 5 MANAGER TO SIGN A PROPOSAL FROM CROM 6 COATINGS AND RESTORATIONS (CCR) IN THE 7 AMOUNT OF $181,200 FOR THE REPAIR OF FIVE (5) 8 POTABLE WATER STORAGE TANKS; AND PROVIDING 9 AN EFFECTIVE DATE. 10 11 WHEREAS, the Florida Administrative Code covers the operation and 12 maintenance of public water systems and mandates that all storage tanks be inspected every 13 five (5) years for any engineering defects or other deficiencies that might impact water 14 quality; and 15 WHEREAS,this remedial work/repair is the result of the State of Florida mandated 16 engineering inspection of our 5 potable water storage tanks by CROM Coatings and 17 Restorations (CCR), a subsidiary of Crom, LLC., who is the original constructor; and 18 WHEREAS, CROM is the only company that can make the certified repairs; and 19 WHEREAS,the City Commission of the City of Boynton Beach upon recommendation 20 of staff, deems it to be in the best interest of the citizens of the City of Boynton Beach to 21 authorize the City Manager to sign the proposal from CROM Coatings and Restorations, a 22 subsidiary of CROM, LLC.,in the amount of$181,200 for the repair of 5 potable water storage 23 tanks. 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 Section 2. The City Commission of the City of Boynton Beach, Florida, hereby 29 approves and authorizes the City Manager to sign a proposal from CROM Coatings and C:AProgram Files(X86)ANeevia.Com\DocconverterproATemp\NVDC\AFF68AIA-C066-408D-A804-94F7F67B93E4\Boynton Beach.15551.1.Proposal_With CROM Coatings_(Repair Water Storage_Tanks)_-_Reso.Docx Page 491 of 660 30 Restorations, a subsidiary of CROM,LLC.,in the amount of$181,200 for the repair of 5 potable 31 water storage tanks, a copy of which is attached hereto as Exhibit"A". 32 Section 3. That this Resolution shall become effective immediately. 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—Justin Katz 41 42 Commissioner—Mack McCray 43 44 Commissioner—Christina L. Romelus 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) C:AProgram Files(X86)ANeevia.Com\DocconverterproATemp\NVDC\AFF68AIA-C066-408D-A804-94F7F67B93E4\Boynton Beach.15551.1.Proposal_With CROM Coatings_(Repair Water Storage_Tanks)_-_Reso.Docx -2- Page 492 of 660 PRESTRES'SEO CONCRETE TANKS COATINGS and RESTORATIONS March 19, 2019 PROPOSAL 19-064 REPAIRS BASED ON INSPECTIONS ONE 1.0-MG GROUND STORAGE TANK TWO 3.0-MG GROUND STORAGE TANKS AND ONE 1.6-MG ELEVATED STORAGE TANK BOYNTON BEACH, FLORIDA CROM Coatings and Restorations ("CCR"), a Division of CROM, LLC, proposes to provide labor and material for the repair of the above-mentioned storage tanks for City of Boynton Beach, PO Box 310, Boynton Beach, Florida ("Client"). All work will be completed in accordance with all applicable codes and standards including OSHA, AWWA, ACI and standard prestressed concrete tank design. 1. DRAWINGS, SPECIFICATIONS, AND OTHER REQUIRED DATA The "Client" or a duly authorized representative, is responsible for providing CCR with a clear understanding of the project nature and scope as is reasonably known to the Client. The Client shall supply CCR with sufficient and adequate information, including, but not limited to, maps, site plans, reports, surveys and designs, to allow CCR to properly complete the specified services. The Client shall also communicate changes in the nature and scope of the project as soon as possible during performance of the work so that the changes can be incorporated into the work product. Prior to starting work, CCR will request from Client data reasonably required for submittal purposes for the repair of the aforementioned storage tanks including any available computations, detailed drawings, and specifications. If, in the opinion of CCR, adequate data is not available or is incomplete, Client will be informed and arrangements made for creation of needed data. CCR will not perform engineering studies or perform work requiring professional engineering duties but will assist Client in obtaining such services. 2. COMMENCEMENT AND COMPLETION Upon your execution of this proposal, CCR will be prepared to start work 30 days after approval of our submittal information; and will undertake to furnish sufficient labor, materials, and equipment to complete the work within approximately 76 days working time thereafter. In the event Client desires to execute a separate agreement, such agreement shall include this proposal and all the conditions herein unless both parties agree in writing to specifically omit any condition, in writing, specifically referencing the omitted condition(s). In the event that CCR cannot start the job by July 1, 2019 because of delays of any nature which are caused by the Client or other contractor employed by him or other circumstances over which CCR has no control, then the contract price may be renegotiated to reflect any increased costs. 250 S.W. 36TH TERRACE I GAINESVILLE, FLORIDA I 32607-2BB0 PHONE D52.372.34D6 IFAX D52.372.B2091' VWVW.CROMCORP.COM CHATTANOOCA,TN - GAINESVILLE, FL RALEIGH, NC WEST PALM BEACH, FL Page 493 of 660 19-064 — Repairs Based on Inspections March 19, 2019 Boynton Beach, Florida Page 2 3. INSURANCE CCR represents and warrants that it and its agents, staff and Consultants employed by it is and are protected by worker's compensation insurance and that CCR has such coverage under public liability and property damage insured policies which CCR deems to be adequate. Certificates for all such policies of insurance shall be provided to Client upon request in writing. Within the limits and conditions of such insurance CCR agrees to indemnify and save Client harmless from and against loss, damage, or liability arising from negligent acts by CCR, its agents, staff and consultants employed by it. CCR shall not be responsible for any loss, damage or liability beyond the amounts, limits, and conditions of such insurance or the limits described in Section 8, whichever is less. The Client agrees to defend, indemnify and save CCR harmless for loss, damage or liability arising from acts by Client, Client's agent, staff and other consultants employed by Client. Any bond requirement(s) by Client will carry an additional cost unless the parties agree otherwise. 4. SERVICES TO BE FURNISHED BY CROM COATINGS AND RESTORATIONS CCR proposes to furnish all supervision, labor, material, equipment, scaffold and forms required to complete the work, except as noted in Paragraph 5. The services to be furnished by CCR are specifically: This scope of work is to be performed on the following tanks: • 1.0-MG Ground Storage Tank 85'-0" ID x 23'-7" SWD (CROM Job No. 1981-M-060) a. Brush blast underside of tank dome, per SSPC-SP13. Surface profile shall be ICRI CSP 5. b. Apply Tnemec N 140 Pota Pox Plus, per manufacturer recommendation, to underside tank dome. c. Sandblast and recoat manhole frame with Aquatapoxy A6. d. Pressure wash the interior piping DIP surfaces, at a minimum of 3,500 psi, removing any dirt, oil, grease, and other contaminants from the substrate. e. Abrasive blast interior piping DIP surfaces, per NAPF 500-03-04, as needed for removing any loose and unsound coatings, rust, and corrosion f. Recoat interior piping with Tnemec N 140 Pota-Pox Plus. g. Replace existing interior ladder bolts with stainless steel bolts. h. Install stainless steel manhole cover. CCR011 - 1/30/2019 Page 494 of 660 19-064 — Repairs Based on Inspections March 19, 2019 Boynton Beach, Florida Page 3 i. Install dome safety handrail. • 3.0-MG Ground Storage Tank 125'-0" ID x 32'-9" SWD (CROM Job No. 1988-M-041) a. Repair cracks on precast overflow. b. Replace overflow screens. c. Sandblast and recoat manhole frame with Aquatapoxy A6. d. Pressure wash the interior piping DIP surfaces, at a minimum of 3,500 psi, removing any dirt, oil, grease, and other contaminants from the substrate. e. Abrasive blast interior piping DIP surfaces, per NAPF 500-03-04, as needed for removing any loose and unsound coatings, rust, and corrosion. f. Recoat interior piping with Tnemec Series N 140 Pota-Pox Plus. g. Install interior ladder bracket. • 3.0-MG Ground Storage Tank 120'-0" ID x 35'-5" SWD (CROM Job No. 1992-M-016) a. Brush blast underside of tank dome and walls, 3' down from dome ceiling, per SSPC-SP13. Surface profile shall be ICRI CSP 5. b. Recoat dome and walls, 3' down from dome, with Tnemec Series N 140 Pota-Pox Plus, as per manufacturer recommendations. c. Power wash and coat dome access hatch with CROM Gel-Coat. d. Replace fasteners and screens on overflow. e. Pressure wash the interior piping DIP surfaces, at a minimum of 3,500 psi, removing any dirt, oil, grease, and other contaminants from the substrate. f. Abrasive blast interior piping DIP surfaces, per NAPF 500-03-04, as needed for removing any loose and unsound coatings, rust, and corrosion. g. Recoat interior piping with Series N 140 Pota-Pox Plus CCR011 - 1/30/2019 Page 495 of 660 19-064 — Repairs Based on Inspections March 19, 2019 Boynton Beach, Florida Page 4 • 1.5-MG Elevated Storage Tank 113'-4" ID x 30'-0" SWD (CROM Job No. 1994-M-028) a. Replace dome access hatch door and control arms. b. Pressure wash the interior piping DIP surfaces, at a minimum of 3,500 psi, removing any dirt, oil, grease, and other contaminants from the substrate. c. Abrasive blast interior piping DIP surfaces, per NAPF 500-03-04, as needed for removing any loose and unsound coatings, rust, and corrosion. d. Recoat interior piping with Tnemec Series N 140 Pota-Pox Plus. e. Pressure wash and coat dome center vent with CROM Gel-Coat. f. Exterior wall surfaces — Repairs to be determined. 5. MATERIALS AND SERVICES FURNISHED BY CLIENT OR OTHERS It is understood that the following services shall be provided by others without expense to CCR: a. Client will grant or obtain free access to the site for all equipment and personnel necessary for CCR to perform the work set forth in this Proposal. The Client will notify any and all processors of the project site that Client has granted CCR free access to the site. CCR will take reasonable precautions to minimize damage to the site, but it is understood by Client that, in the normal course of work, some damage may occur, and the correction of such damage is not part of this Agreement unless so specified in the Proposal. b. The Client is responsible for the accuracy of locations for all subterranean structures and utilities. CCR will take responsible precautions to avoid known subterranean structures, and the Client waives any claim against CCR, and agrees to defend, indemnify, and hold CCR harmless from any claim or liability for injury or loss, including costs to defend, arising from damage done to subterranean structures and utilities not identified or accurately located. In addition, Client agrees to compensate CCR for any time spent or expenses incurred by CCR in defense of any such claim with compensation to be based upon CCR's prevailing fee schedule and expense reimbursement policy. c. A continuous supply of potable water under minimum pressure for the use of the CCR crew within 100 feet of the tank sites. d. A continuous supply of electricity during the period of work: one 100-AMP, 110/220-volt service for the operation of our power tools and accessories, located not more than 100 feet from the tanks. Please be sure that all circuit breakers are ground-fault protected. If it is necessary for CCR to supply its own electric power, add $500.00 per week to the contract amount. CCR011 - 1/30/2019 Page 496 of 660 19-064 — Repairs Based on Inspections March 19, 2019 Boynton Beach, Florida Page 5 e. Any permit or other fees from any AHJ as may be required for the work including but not limited to all connect/disconnect, impact and building/construction fees. f. Drainage and disposal of the tanks' contents. g. Disinfection and refilling of the tanks' contents. h. Cleaning the interior and exterior of the tanks' and accessories. i. Complete lock out and tag out of the subject tank prior to personnel entering the tanks. The Client will be required to provide all materials for this process. CCR will review the procedures before entering the tanks. j. All professional engineering services. 6. BACK CHARGES AND CLAIMS FOR EXTRAS No claim for extra services rendered or materials furnished will be valid by either party unless written notice thereof is given during the first ten days of the calendar month following that in which the claim originated. CCR's claims for extras shall carry 30% for overhead and 10% for profit. 7. DELAYS It is agreed that CCR shall be permitted to prosecute work without interruption. If delayed at any time for a period of 24 hours or more by an act or omission of the Client, the Authority Having Jurisdiction (AHJ), any representative, agents or other contractors employed by Client, or by reason of any changes ordered in the work, CCR shall be reimbursed for actual additional expense caused by such delay, and loss of use of our equipment, and 30% for overhead. LIMITATION ON INDIVIDUAL LIABILITY OF DESIGN PROFESSIONAL - TO THE EXTENT PERMITTED BY LAW, AN EMPLOYEE, AGENT, DESIGN PROFESSIONALS, OR ENGINEERS EMPLOYED BY CCR SHALL NOT BE INDIVIDUALLY LIABLE FOR NEGLIGENCE OCCURRING WITHIN THE COURSE AND SCOPE OF EMPLOYMENT WITH CCR UNDER THIS PROPOSAL TO AN OWNER, CONTRACTOR, SUBCONTRACTOR, OR TO ANY THIRD PARTY CLAIMING BY AND THROUGH THESE PARTIES. 8. RISK ALLOCATION Client agrees that CCRs liability for any damage on account of any error, omission or other professional negligence will be limited to a sum not to exceed $50,000 or CCR's fee, whichever is greater. Client agrees that the foregoing limits of liability extend to all of CCR's employees and professionals who perform any services for Client. If Client prefers to have higher limits on general or professional liability, CCR agrees to increase the limits up to a maximum of $1,000,000.00 upon Clients' written request at the time of accepting our proposal provided that Client agrees to pay an CCR011 - 1/30/2019 Page 497 of 660 19-064 — Repairs Based on Inspections March 19, 2019 Boynton Beach, Florida Page 6 additional consideration of four percent of the total fee, or $400.00, whichever is greater. The additional charge for the higher liability limits is because of the greater risk assumed and is not strictly a charge for additional professional liability insurance. 9. ASSIGNMENT AND THIRD PARTIES Neither the Client nor CCR may delegate, assign, sublet or transfer their duties or any interest in this Proposal without the written consent of the other party. Both parties agree there are no intended third-party beneficiaries to this Proposal including other contractors or parties working on the project, or, if necessary, a surety of CCR. 10.LABOR This proposal is predicated on open-shop labor conditions, using our own personnel. If we are required to employ persons of an affiliation desirable to the Client or other contractor employed by him or the general contractor thereby resulting in increased costs to us, the contract price shall be adjusted accordingly. Such requirement shall not provide that CCR sign a contract with any labor organization. In the event of a labor stoppage, we shall not be in default or be deemed responsible for delay of the progress of this contract or damage to the Client or the contractor so long as CCR has sufficient qualified employees available to perform the work. Our proposal is based on our crew performing our Scope of Work in accordance with our standard safety program. If any additional safety requirements are placed on us (not required by OSHA) such as: site training, additional safety equipment or permit required confined space, the cost for such additional requirements plus 30% for overhead shall be reimbursed to us. 11.QUOTATION We are prepared to carry out this work in accordance with the foregoing for the lump sum price of- 1.0-MG Ground Storage Tank (1981-M-060) Mobilization $ 1,500.00 Sand Blast Interior Dome $19,000.00 Apply Tnemec N140 System $16,300.00 Sand Blast and Recoat Manhole Frame. $ 1,600.00 Sand Blast and Recoat Interior Piping $ 4,200.00 Replace Existing Interior Ladder Bolts with Stainless Steel Bolts $ 450.00 Install Stainless Steel Manhole Cover $ 2,800.00 Install Dome Safety Handrail $ 6,350.00 Total $52,200.00 CCR011 - 1/30/2019 Page 498 of 660 19-064 — Repairs Based on Inspections March 19, 2019 Boynton Beach, Florida Page 7 3.0-MG Ground Storage Tank (1988-M-041) Mobilization $ 1,600.00 Repair Cracks On Precast Overflow $ 1,400.00 Replace Overflow Screens $ 900.00 Sand Blast and Recoat Manhole Frame $ 600.00 Sand Blast and Recoat Interior Piping $ 4,200.00 Install Interior Ladder Bracket $ 1,100.00 Total $ 9,700.00 3.0-MG Ground Storage Tank (1992-M-016) Mobilization $ 1,600.00 Sand Blast Dome $39,200.00 Recoat Dome and 3' Down the Wall $36,000.00 Power Wash and Coat Hatch $ 660.00 Replace Fasteners and Screens On Overflow $ 1,900.00 Sand Blast and Recoat Interior Piping Interior Piping $ 4,200.00 Total $83,460.00 1.6-MG Elevated Storage Tank (1994-M-028) Mobilization/General Conditions $ 7,600.00 Replace Dome Access Hatch Door and Control Arms $ 7,600.00 Sand Blast and Recoat Interior Piping $17,700.00 Pressure Wash and Coat Center Vent $ 3,060.00 Total $36,860.00 Periodic and final payment, including any retention, shall be made within 10 days from the date our work is completed or the billing is received, or in accordance with applicable state Prompt Payment law, whichever is earlier, and is to be received by us in our accounting office at 250 SW 36th Terrace, Gainesville, Florida 32607. Final payment shall not be held due to delays in testing. Payment not received by that date will be considered past due and will be subject to a late payment charge of 1'/z% per calendar month, or any fraction thereof until received in ouroffice. If CCR does not receive payment within 7 days after such payment is due, as defined herein, CCR may give notice, without prejudice to and in addition to any other legal remedies, and may stop work until payment of the full amount owing has been received. The Proposal Amount and Time shall be adjusted by the amount of CCR's reasonable and verified cost of shutdown, delay, and startup, which shall be effected by an appropriate change order. Any reasonable legal or other expense necessary for the enforcement of this Proposal or for the collection of monies due shall be borne by the party atfault. If sales tax is excluded from our price, or on materials contained in our price, in accordance with project specifications, such exclusion is subject to receipt of adequate tax exemption documents from you or the project owner prior to commencement of Work to allow for our application of same. If proper tax exemption documentation is not received or is not adequate to provide exemption, we reserve the right to receive reimbursement CCR011 - 1/30/2019 Page 499 of 660 19-064 — Repairs Based on Inspections March 19, 2019 Boynton Beach, Florida Page 8 of all sales tax CCR is obligated to pay due to the tardiness, lack of, or inadequate exemption documentation on behalf of you or the owner. 12.ARBITRATION/DISPUTE RESOLUTION AND VENUE Any controversy or claim relating to the contract between us shall be settled by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association, and judgment by the arbitrator(s) may be entered in any court having jurisdiction. The claim will be brought and tried in judicial jurisdiction of the court of the state and county where CCR's principal place of business is located and Client waives the right to remove the action to any other county or judicial jurisdiction, and the prevailing party will be entitled to recovery of all reasonable costs incurred, including staff time, court costs, attorneys'fees and other claim related expenses the venue for any litigation under this Agreement shall be in Alachua County, Florida. If CCR engages an attorney for the collection of the amounts due from the Client, the Client shall pay CCR its reasonable attorney's fees and costs through any appeal. The laws of the State of Florida will govern the validity of these terms, their interpretation and performance. If any of the provisions contained in this Agreement are held illegal, invalid, or unenforceable, the enforceability of the remaining provisions will not be impaired. Limitations of liability and indemnities will survive termination of this Agreement for any cause. 13.CHANGES IN SCOPE AND LIMITATIONS If the Client wishes to have CCR perform any additional repairs or remediation of the tank's or accessories, it shall authorize such work in writing and pay CCR its standard charges for such work. It is agreed that CCR shall not be responsible for any consequential, special or delay damages. CCR does not assume responsibility for differing, latent or concealed conditions, which differ materially from those indicated in the subcontract/Contract documents or from those ordinarily found to exist and not inherent in the Work, including but not limited to weather or subsurface conditions, and not caused by CCR's fault or negligence. 14.TERMINATION This agreement may be terminated by either party upon seven (7) days written notice in the event of substantial failure by the other party to perform in accordance with the terms hereof. Such termination shall be effective if that substantial failure has been redeemed before expiration of the period specified in the written notice. In the event of termination, CCR shall be paid for services performed to the termination notice date plus reasonable termination expenses. In the event of termination, or suspension for more than three (3) months prior to completion of all work contemplated by the proposal, CCR may complete such analyses and records as necessary to complete their files and may also complete a report on the services performed to the date of notice of termination or suspension. The expense of termination or suspension shall include all direct costs of CCR in completing such analyses, records and reports if necessary. 15.GUARANTEE CCR will guarantee its workmanship and materials on its work covered in this Proposal for a period CCR011 - 1/30/2019 Page 500 of 660 19-064 — Repairs Based on Inspections March 19, 2019 Boynton Beach, Florida Page 9 of one year after completion of its work. Prior to leaving the location, CCR personnel will perform a walk through with the responsible party overseeing our work for the Client. In case any defects in CCR's workmanship or materials appear within the one-year period after completion and acceptance of CCR's work, CCR shall promptly make repairs at its own expense upon written notice by the Client that such defects have been found. CCR's guarantee is limited to defects in CCR's workmanship and materials, excluding inspections, cleaning and disinfection services ("Services"). CCR shall endeavor to perform these Services with that degree of care and skill ordinarily exercised under similar circumstances by contractors practicing in the same discipline at the same time and location. CCR shall not be responsible for, nor liable for, any ordinary wear and tear or for damage caused from negligent or inappropriate use or by any other entity beyond our control, including but not limited to modifications, work or repairs by others. If a bond is required for the Scope of Work included in this contract, CCR will furnish a one-year Performance and Payment Bond. The cost of this bond is not included in our price. Please add $9.00 per $1,000 of contract value. 16.ACCEPTANCE This proposal is offered for your acceptance within 21 days from the proposal date. We reserve the right after that period to amend our bid to reflect our changing construction schedules and materials and labor rate changes. The return to this company of a copy of this proposal with your acceptance endorsed thereon within the time aforesaid will constitute a contract between us. This proposal shall be made a part of any subcontract agreement or purchase order. Sincerely, CROM COATINGS AND RESTORATIONS Sigfredo Orama Robert G. Oyenarte, PE Project Manager President Aw ACCEPTED BY CLIENT PRINT: TITLE: DATE: CCR011 - 1/30/2019 Page 501 of 660 a CROM PRESTRESSED CONCRETE TANKS 1111E1111 DESIGNING AND BUILDING TANKS SINGE 1953 June 29, 2018 Via Email: TaylorPo_bbfl.us Mr. Phill Taylor City of Boynton Beach Utilities Department 124 East Woolbright Rd. Boynton Beach, Florida 33435 RE: Five (5) Dive Cleanings & Inspections City of Boynton Beach, Florida CCR Proposal No. 18-070 Dear Mr. Taylor: CROM Coatings and Restorations ("CCR") is offering ground storage tank inspection and repair services as the only approved representative of Crom, LLC. CCR is a division of Crom, LLC which was formed to carry out the specific tasks to inspect, repair and modify prestressed composite tanks as well as other concrete structures. The construction of prestressed composite tanks is a unique form of construction. The combination of materials and construction methods make the structures difficult to understand if not thoroughly knowledgeable in this technology. In order to properly address modifications, maintenance and repairs on prestressed tanks, the companies involved need to have considerable experience in how the tanks are designed and built. Current AWWA Standards state that maintenance and inspections performed on prestressed tanks should only be "performed under the direction of a professional engineer thoroughly familiar with wire- and strand-wrapped prestressed composite tanks and their construction." Crom, LLC approves CCR as the sole company for any repairs and modifications performed on all of their prestressed composite tanks. CCR's experience is unequalled in the design, construction, modification and repair of prestressed composite tanks. No other company provides this level of service and background. The warranty as stated by the tank manufacturer requires that they be notified before any work is performed. Any work performed is required to be done by an approved contractor. Any work performed by an unapproved contractor will void any written or implied warranties. Thank you for giving us the opportunity to assist you. Please let us know if you have any further questions. Sincerely, CROM COATINGS AND RESTORATIONS Robert G. Oyenarte, P.E. President 250 S_W. 38TH TERRACE * OAINESVILLE, FLOR10A 32SO7-2BB9 PHONE 352-372-3436 * FAX 352-372-6203 0 www.crcmccPege?5IT of 660 7.D. BIDS AND PURCHASES OVER$100,000 4/2/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 4/2/2019 REQUESTED ACTION BY COMMISSION: Award Bid No. 016-2413-19/EM for Digital Monument Signs to Don Bell Signs of Port Orange, FL, as the lowest responsive, responsible bidder in the amount of$117,157 plus a 10% contingency amount of$11,715 for a total estimated amount of$128,872. The initial bid term is for one year, with an option to renew for two (2) one-year terms. EXPLANATION OF REQUEST: Initial Bid Term: April 3, 2019 -April 2, 2021 On February 8, 2019, Procurement Services issued a bid for"Digital Monument Signs". The scope of the work is to furnish and construct digital monument signs. The project includes, but is not limited to, permitting, construction and other services to deliver fully operational digital monument signs on an as needed basis. Initial locations targeted for installation include: 1. Ed Harmening Park (Southeast corner of Woolbright Road and Seacrest Boulevard) (Single Sided) 2. Ezell Hester Center (1901 North Seacrest Boulevard) (Double Sided) 3. Heritage Park (Southwest corner of W. Martin Luther King Jr. Blvd. and Seacrest Blvd.) (Single Sided) 4. Congress Avenue Barrier Free Park(3111 South Congress Avenue) (Double Sided) 5. Meadows Park(4305 North Congress Avenue) (Single Sided) There is no guarantee of quantities to be ordered as a result of this solicitation either expressed or implied. The initial bid term is for one year, with the option to renew for two (2) one-year terms. On March 11, 2019, Procurement Services opened bids from Three (3) bidders. After reviewing the three (3) bid submittals, Staff has recommended the project be awarded to Don Bell Signs as the lowest, responsive, responsible bidder. Additional signs may be purchased on an as needed basis if funding is available. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? This procurement and installation of digital monument signs will provide City residents with news and information about City programs, meetings and celebrations. Estimated time for fabrication and installation is approximately 90 days per sign. FISCAL IMPACT: Budgeted Funds are included in the approved capital funds FY 18/19 budget, account 303-4299-580-63.06. ALTERNATIVES: Page 503 of 660 City Commission can reject all bids and direct the City Manager to 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 Attachment Pricing Tabulation Sheet D Attachment Responsiveness Tabulation Sheet D Attachment Don Bell Submittal Package Page 504 of 660 CD CD CD CD CD LO 00 } E c,4n § k § E � ° k CL Cl)LU LL / 2 D \ § ; LO m \ ) / j E / / £ _ $ m m § S � \ ] § = � LU 0 D K cc 2 00 � % cco § R § § \ m ] LO o Ja /L ¢ CD CD IR 2 2 00n J C14n ) 6 - - E $ ° � � E � E w $ 2 k § ) - § k } LU ® ® 0 ) \ - ® / / o ƒ ƒ e e 0 \ o \ \ \ \ \ / k > c m \ \ � \ 2 72§ r\ r O 2.g �# \ ® \ E m a o .g 7 0 , F- - ft o \ LU c)\ 77 f [\ [ j ry }Ea ) / ) / % < o .� .� J E 2 > \ / { k { k 77 � . . \ � % cu (n 5 / \ \ 6 � E � E ) « ARG EU) EU) { & « LLJ ± . . 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(LOCAL TIME) PURCHASINGSERVICES, CITY HALL Page 507 of 660 The City of Boynton Beach Finance/Procurement Services 3301 Quantum Blvd.,Suite 101 Boynton Beach,Florida 33426 Telephone: (561) 742-6310 FAX.- (561) 742-6316 ACKNOWLEDGEMENT OF ADDEND!JM No. 1 DIGITAL MONUMENT SIGNS BID No.: 016-2413-19/EM RESPONDENT MUST SIGN, DATE AND INCLUDE THIS "ACKNOWLEDGEMENT OF ADDENDUM NO. 1 WITH BID PACKAGE IN ORDER FOR SUBMITTAL TO BE CONSIDERED COMPLETE AND ACCEPTABLE. INT NAME OF REPRESENTATIVE SIGN Rt OAF REPR ENTATIVE 1 NAME OF COMPANY D T 2 Page 508 of 660 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 DIGITAL MONUMENT SIGNS BID No.: 016-2413-19/EM Sealed bids will be received in PURCHASING SERVICES, City of Boynton Beach, 3301 Quantum Blvd., Suite 101, Boynton Beach, Florida 33426 on or by: March 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. 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 1 Page 509 of 660 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, and 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: rirrLift bfi. l SCOPE OF BID: The City of Boynton Beach is seeking services from a qualified vendor to furnish and construct digital monument signs. The project includes but is not limited to permitting, construction and other services to deliver fully operational digital monument signs on an as needed as required basis. It is estimated that the city will order four (4) single (1) sided signs and three (3) two (2) sided signs annually. There is no guarantee of quantities to be ordered as a result of this solicitation either expressed or implied. The initial bid term is for one year, with the option to renew for two(2) one-year terms. Contact: City of Boynton Beach Purchasing Services 3301 Quantum Boulevard, Suite 101 Boynton Beach, FL 33426 Ilyse Triestman, Purchasing Manager (561) 742-6322 or trietni(c°, bbffl. s Office Hours: MONDAY—FRIDAY, 8:00 A.M. TO 5:00 P.M. CITY OF BOYNTON BEACH .,1,- 0- ki-"Q TIM W. HOWARD ASSISTANT CITY MANAGER—ADMINISTRATION 2 Page 510 of 660 INVITATION TO BID FOR DIGITAL MONUMENT SIGNS BID No.: 016-2413-19/EM Section 1 — SUBMITTAL INFORMATION A. The City of Boynton Beach will receive bid responses until March 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 res onsibilit 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)oricinal, so marked, one t1 cop , and 1 electronic coop of the bid response shall be submitted in one sealed package clearly marked on the outside "INVITATION TO BID FOR DIGITAL MONUMENT SIGNS" 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 tvraed or Drinted 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 511 of 660 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 IRREGULAR_ ITIES/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 512 of 660 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". 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 513 of 660 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. 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 514 of 660 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 515 of 660 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 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 516 of 660 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 (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. Bidder certifies that all employees, subcontractors, agents, etc. shall comply with all O.S.H.A. and State safety regulations and requirements. 9 Page 517 of 660 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 518 of 660 QUESTIONS: Any questions relative to any item(s) or portion of this bid or Invitation to Bid should be directed to Ilvse Triestman, Purchasing Manager, _Monda through Friday, 8:00 A.M. to 5:00 P.M. at (561) 742-6322: E-mail triestmani 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. Page 519 of 660 SPECIAL TERMS AND CONDITIONS PURPOSE: The City of Boynton Beach is seeking services from a qualified vendor to furnish and construct digital monument signs. The project includes but is not limited to permitting, construction and other services to deliver fully operational digital monument signs on an as needed as required basis. It is estimated that the city will order four (4) single (1) sided signs and three (3) two (2) sided signs There is no guarantee of quantities to be ordered as a result of this solicitation either expressed or implied. Shortly after award of this solicitation, it is the intent of the City to order two (2) single sided signs and one (1) double-sided sign for the following City parks: 1. "Ezell Hester, JR Community Center"— Double Sided 2. "Edward F. Harmening Arbor Memorial Park"—Single Sided 3. "Heritage Park"—Single Sided 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 two (2) 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. BASIS OF AWARD: It is the intent of the City to award the bid to one vendor who is the lowest responsive and responsible bidder as determined by the city. 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. THE REMAINDER OF THE PAGE IS INTENTIONALLY LEFT BLANK. 12 Page 520 of 660 INVITATION TO BID FOR DIGITAL MONUMENT SIGNS BID No.: 016-2413-19/EM SPECIFICATIONS AND TECHNICAL REQUIREMENTS Figure 1 —Conceptual sketch of the front of a digital monument sign ' � 72' V s t (DIC-11TAL DISPLAY) 36" 7l G �,a h t�'<<" 7 � EZELL HESTER, JR COMMUNITY PARC ..._........__.._.._. r I. This (Figure 1) specification is for both a single and double-sided sign. II. A single sided sign shall have one face as shown in Figure 1 (with "DIGITAL DISPLAY") and the back side shall have all the same elements as the front, without the digital display and the pin-mounted letters. III. The double-sided sign shall have both faces as shown on Figure 1. 13 Page 521 of 660 Measurements and Sign specifications: I. The Sign height from finished grade shall be: 104" (+/-2") II. The Sign is to be comprised of four(4) above-ground portions (H = high, W=Width, L=length) : • Cap Piece: 100"L x 12"H x 26"W • Monument Body: 80"L x 72"H x 12"W • Base: 94"L x 2"H x 20"W • Foundation: 88"L x 18"H x 15"W 111. A 72"W x 36"H digital sign with a color digital display image area of 69"W x 33"H shall be flush mounted in the monument body. Digital signs shall be RGB Full Color with DSL Communication with 18 Characters per line. IV. For a single sided sign, embedded and aluminum manufactured Sign monument with base and cap shall be wired to accept one (1) 36"H x 72"W digital full color display that is remote programmable or multi-color display. V. For a two-sided sign, aluminum manufactured Sign monument with base and cap shall be wired to accept two (2) 36"W x 72"H digital full color displays that are remote programmable or multi-color display. VI. Digital displays will be embedded/flush mounted in one side of a single sided sign and on both sides of a doubled sided sign. VII There shall be a transparent shatter proof protective screen cover over the digital display(s). The intent is to protect the display from graffiti, projectile objects either thrown intentionally or as the result of storms(i.e. hurricanes and tornados). VIII. Two (2) additional protective covers shall (per digital display) be provided to the owner. The price shall be included in the cost of the sign. IX. Beneath the digital display area shall be the park's name in 4.5" pin mounted black W aluminum letters, 0.080" thick (maximum number of letters on each sign is 40). The text shall be Arial font and painted in colors of choice to be selected by City at time of order placement. Paint used for text shall be exterior enamel paint. X. The concrete footer and any supporting steel poles shall be designed to meet the City of Boynton Beach's' building codes and applicable hurricane wind loads. XI. Any landscaping to be required by permit shall be provided by the City at the City's expense. 14 Page 522 of 660 GENERAL REQUIREMENTS: A. The Contractor shall provide all services and necessary items of expense, including but not limited to labor, material, trucking, transportation, equipment, power, supervision, and all other services and items of expense required for the complete performance of all Work. B. Pay legally required sales, consumer, and use taxes. C. Pay all charges by all suppliers and subcontractors to the Contractor for such work as supporting, replacing, moving or providing protection for their facilities as necessitated by the Contractor's operation. D. Pay all costs of restoration of the work site to condition equal or better than prior to construction, including landscaping and irrigation systems. E. Pay all costs of restoration of pavements, landscaping, and structures damaged by the Contractor's operation, including all staging areas solely to the satisfaction of the City F. Give all required notices. G. Comply with laws, codes, ordinances, rules, regulations, orders, and other legal requirements of public or quasi-public authorities that bear on the performance of the work. H. The Contractor shall be responsible for safely barricading open excavations which may present hazards. I. The Contractor shall be responsible for securing all tools, equipment and material at the job site. J. Ensure that all personnel are properly dressed with OSHA approved clothing and safety gear, including but not limited to hard hats, work shoes, shirts and long pants, as appropriate for the performance of the Work. USE OF PREMISES: A. Contractor shall confine construction equipment and stored materials to areas designated by the City, as permitted by law, ordinances, permits, and shall not unreasonably encumber the premises with construction equipment or other materials or equipment. Contractor must coordinate with the City for an acceptable staging area. B. Contractor shall preserve and protect all existing vegetation that is located on or adjacent to the site. Contractor shall be liable for, or shall be required to replace or restore at no additional cost to the City, all vegetation that may be destroyed or damaged. Payment for job site cleanliness is incidental to the project. C. During the progress of the work, Contractor shall keep the premises free from accumulations of waste materials, rubbish and other debris resulting from work. At the completion of the work, Contractor shall remove all waste material, 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 as or better than before. D. All excess materials excavated from the job site shall be removed and legally disposed by the Contractor. E. Contractor shall not load or permit any part of any structure to be loaded in any manner that will endanger the existing structures. PERMITS, FEES, AND LICENSING REQUIREMENTS: A. The Contractor shall procure all City of Boynton Beach Building Permits required for any part of the Contractor's work. Any drawings or exhibits necessary for the permit application shall be the responsibility of the Contractor. The Contractor shall pay the cost of the permit fees. Include permit fees in unit pricing. B. The Contractor shall review and become familiar with the requirements and conditions associated with the permits issued for the Project. It shall be the sole responsibility of 15 Page 523 of 660 the Contractor to know and fully comply with all of the requirements and stipulations included in the permits, as applicable. C. The minimum required license for this project is a Palm Beach County issued certificate of competency for a sign contractor/electrical. D. The Contractor must hold a properly classified Business Tax Registration (BTR) for the work they are engaging in. EXISTING ROADWAYS AND UTILITIES: A. The Contractor shall not cause delay or hindrance of vehicular and pedestrian traffic during the course of the work. Any Work that must be performed which may result in delays to public traffic or re-routing of traffic must be approved by the City. B. The Contractor shall notify each utility company involved at least ten (10) business days prior to the start of construction to arrange for positive underground location, relocation, or support of its utility where that utility may be in conflict with or endangered by the proposed construction. C. All overhead, surface or underground structures and utilities encountered are to be carefully protected from injury or displacement. All damage to such structures is to be completely repaired within a reasonable time; needless delay will not be tolerated. The City reserves the right to remedy such damage by ordering outside parties to make such repairs at the expense of the Contractor. D. All such repairs made by the Contractor are to be made to the satisfaction of the utility owner. All damaged utilities must be replaced or prevented from leaking. All repairs are to be inspected by the utility owner prior to backfilling. E. The Contractor should be aware of the SUNSHINE STATE ONE CALL CENTER (formerly the UNCLE Notification Center), which has a free locating service for contractors and excavators. F. Two business days before excavating, dial toll free 1-800-432-4770, and a locator will be dispatched to the work location. EXISTING IRRIGATION SYSTEMS: The Contractor shall review all areas to be disturbed by construction, prior to beginning construction and provide abutting property owners a seven (7) day's notice to relocate landscape and irrigation. The Contractor shall repair irrigation systems damaged by its work. Prior to construction, the City, Contractor and property owners will review the existing irrigation systems. The Contractor will only be allowed to work within the limits of construction. Any disturbance to vegetation or irrigation outside of the limits of construction will be at the Contractor's expense. RESPONSIBILITY FOR MATERIALS: The Contractor shall be held responsible for any materials, equipment and work to the full amount of all payments made thereon, and he will be required to make good at its own cost any injury or damage which said material, equipment or work may sustain from any unforeseen obstructions or difficulties which may be encountered, or from any source or cause whatsoever, or from any action of the elements, before final acceptance thereof. ORDERING PROCEDURE AND DELIVERY TIME: A. After issuance of a purchase order, the City will contact the vendor and provide them with an aerial photograph depicting the location of the sign, the park name, the preferred letter color, and whether the sign will be a single sided sign or a double-sided sign. B. If required, City staff will perform a site visit with the contractor. C. After receipt of order details and site visit (if conducted), the Contractor shall submit an application for a building permit to the Building Department within two weeks. 16 Page 524 of 660 D. The sign(s) shall be installed within two weeks of receiving the building permit from the City's Building Department. E. A post inspection is required, prior to the City's final building inspection. WORK HOURS: Normal work hours shall be limited to 7:00 AM to 7:00 PM, Monday through Friday. Any work performed outside those hours shall be approved in advance by the City. OPERATIONS: A. The Contractor shall provide all necessary software for the operation of the sign. B. The Contractor shall provide all operation and maintenance manuals for the sign. C. The Contractor shall provide three (3) months of technical support via telecommunications related to the programing and operation of the software on an as needed basis during normal business hours at no additional cost to the City. WARRANTY: A. All materials and work shall be warranted for a period of one year from the time of final acceptance by the City. B. The Contractor shall guarantee that the sign is installed as per all manufacturers' requirements and shall provide a copy of all manufacturers warrantees. THE REMAINDER OF THE PAGE IS INTENTIONALLY LEFT BLANK. 17 Page 525 of 660 INVITATION TO BID FOR DIGITAL MONUMENT SIGNS BID No.: 016-2413-19/EM 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. ITEM UNIT OF DESCRIPTION UNIT PRICE MEASURE Furnish and install single (1) 1. Each sided Digital Monument Sign $ e as per the specifications and requirements Furnish and install Two (2) 2. Each sided Digital Monument Sign $ (. as per the specifications and requirements aqow reoS1 t °P t` I COMPANY NAME AUTH RIZ D SIGN E PRINTED NAME ( TELEPHONE NUMBER TITLE E-MAIL ADDRESS 18 Page 526 of 660 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 $ 5009000.00 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 19 Page 527 of 660 BIDDER ACKNOWLEDGEMENT Submit Bids to: PURCHASING SERVICES 3301 Quantum Blvd., Suite 101 Boynton Beach, FL 33426 Telephone: (561) 742-6310 Bid Title: "DIGITAL MONUMENT SIGNS" Bid Number: 016-2413-19/EM Bid Due: March 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: -'5761150 A Corporation of the State of: I DA Area Code: Telephone Number: Area Code: FAX Number: Mailing Address: City/State/Zip: FOCI- Vendor Mailing Date: L?' t E-Mail Address: Au Signature THIS PAGE TO BE SUBMITTED FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 20 Page 528 of 660 NON COLLUSION AFFIDAVIT OF PRIME BIDDER State of Tr- County County of ) being first duly sworn, deposes and says that: 1) He is of Slw<, (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. (Sign ) Subscribe and sworn to before me (Title) 4 This day of , 20_a 41 ,gar Notary Public State of Flonda r° Frank J Boanno M commission ex fres a My Commission GG 208032 y p • Expires 0811012022 OP/ THIS PAGE TO BE SUBMITTED FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 21 Page 529 of 660 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-- IGNAT'- E Sworn and s ibed before this day of 44 ,20 Printed Information: E TITLE NOTARY PUBLIC, State of Florida at Large COMPANY Notary Public State of Florida Frank J Boanno My commission GG 208032 L ' Expires 0811012022 "OFFICIAL NOTARY SEAL" STAMP THIS PAGE TO BE SUBMITTED FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Page 530 of 660 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 4 NOT APPLICABLE (specify) 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 531 of 660 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. t Tend is Sig t 24 THIS PAGE TO BE SUBMITTED FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Page 532 of 660 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. rp ) - s" CONTRACTOR NAME Title: I Date: 1'41 I , THIS PAGE TO BE SUBMITTED FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 25 Page 533 of 660 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. USINESS: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 534 of 660 0 CERTIFICATION PURSUANT TO FLORIDA STATUTE § 287.135 1, &L-,,POP51 , on behalf of certify Print Name and Title Company Name that 1 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 535 of 660 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 SIG TUR w.. - PRINT NAME TITLE 28 Page 536 of 660 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.: 016-2413-19/EM to "DIGITAL MONUMENT SIGNS" 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 537 of 660 8.A. PUBLIC HEARING 4/2/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 4/2/2019 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. (April 16, 2019) 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. (April 16, 2019) 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 538 of 660 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 539 of 660 Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Ordinance Ordinance appro\4ng Boynton Mail Land Use Amendment D Ordinance Ordrinance Remo\Ang Boynton Mail from DRI D Staff Report BB MALL LUAR 19-002 and CPTA 19-001 D Location Map EXHIBITA1. BB MALL Ownership D Location Map EXHIBITA2. BB MALI-Aerial 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 540 of 660 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 541 of 660 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 542 of 660 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 543 of 660 141 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 544 of 660 195 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 545 of 660 249 250 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 546 of 660 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 547 of 660 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 548 of 660 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 549 of 660 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 550 of 660 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 551 of 660 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 552 of 660 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 553 of 660 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 554 of 660 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 555 of 660 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 556 of 660 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 557 of 660 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 558 of 660 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 559 of 660 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 560 of 660 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 561 of 660 EXHIBIT Al BOYNTON BEACH MALL LOCATION MAP OWNERSHIP OF PROPERTIES I n t } i CHRIST ISTAR FELLOWSHIP r Boynton Beach Mall LLC 1 p� r DILLARDS Z MACYS REGIONAL ENTERPR. MOONRISEi oy o F- N LEGEND w E immin City boundary S Owners other than Boynton Mall LLC 062. 25 250 3I 500 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 ��t 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) Egot 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) Egot 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 Egot 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 567 of 660 8.B. PUBLIC HEARING 4/2/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 4/2/2019 REQUESTED ACTION BY COMMISSION: PROPOSED ORDINANCE NO. 19-001 - SECOND READING - Approve Country Trail PUD annexation (ANEX 19-001)Applicant: M2D Country Trail, LLC. PROPOSED ORDINANCE NO. 19-002 - SECOND 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 . PROPOSED ORDINANCE NO. 19-003 - SECOND READING - Approve Country Trail PUD rezoning from Palm Beach County's AR, Agricultural Residential, to PUD, Planned Unit Development. Applicant: M2D Country Trail, LLC. 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 568 of 660 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\4ng Country Trail annexation D Ordinance Ordinance appro\4ng Country Trail Land Use Amendment D Ordinance Ordinance appro\4ng 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 569 of 660 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 570 of 660 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 571 of 660 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 572 of 660 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 573 of 660 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 574 of 660 72 C:AProgram Files(X86)ANeevia.Com\DocconverterproATemp\NVDC\946FCB98-1F4E-4675-A773-C6B34BF6E3D7\Boynton Beach.14212.1.Country_Trail_LUA_-_Ordinance.Docx Page 575 of 660 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 576 of 660 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 577 of 660 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 578 of 660 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 579 of 660 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 580 of 660 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 581 of 660 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 582 of 660 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 583 of 660 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 64 O 0 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) 5 O O 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 Ff86 O 0 ,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 587 of 660 8.C. PUBLIC HEARING 4/2/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 4/2/2019 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. 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 588 of 660 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 589 of 660 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 590 of 660 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 591 of 660 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 592 of 660 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 593 of 660 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 594 of 660 EXHIBIT A LOCATION MAP 4 ' e v �y i nr v ;7 r I�� t w, IIP. 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BOYNTON BE,1CH,PLORIW Ige f 660 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 608 of 660 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 609 of 660 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 610 of 660 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 611 of 660 8.D. PUBLIC HEARING 4/2/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 4/2/2019 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 (Tabled at the March 19, 2019 Commission Meeting) (Applicant requests tabling continues to May 6th meeting.) 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: Page 612 of 660 CLIMATE ACTION DISCUSSION: N/A 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 613 of 660 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 614 of 660 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 615 of 660 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 616 of 660 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 617 of 660 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 618 of 660 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 619 of 660 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 620 of 660 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 621 of 660 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 622 of 660 Lu j��YJ{'y� l�A U Y c; r�3 % cm SLY p .7 '/UIy stlall y'1Io") f y tis Ni WR HE r� e OP Pct. 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Y9 6P as a s 4l 31 C, p ¢� ff I f W.. u 111 E qg �6 O � r std j j �..! 2INHi. yy � yy I o�x t � h 3 j3 �ryi. a t s a }}6 t y 8 r 1 , a i� G e t ° 0 t g g I m S _ _I i' �a >w r . . . a� - 3 _- ` _ : . . �. I - 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 632 of 660 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 633 of 660 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 634 of 660 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 635 of 660 9.A. CITY MANAGER'S REPORT 4/2/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 4/2/2019 REQUESTED ACTION BY COMMISSION: Discuss Budget Workshop dates and times: Last year the Commission held Budget Workshops in July. The below dates would accommodate the same meetings for this upcoming budget cycle: Budget Workshops at Intracoastal Park Clubhouse; Monday, July 15, 2019 @ 5:00 RM. Tuesday, July 16, 2019 @ 10:00 A.M. Wednesday, July 17, 2019 @ 2:00 P.M. Please note the change in location due. EXPLANATION OF REQUEST: Our FY 2019/2020 Budget process is underway. Proposed Budget Workshops are scheduled to be held July 15-17, 2019 at the Intracoastal Park Clubhouse. Typically the Commission staggers the starting times to accommodate the public's attendance at these workshops. The Commission adopts a Preliminary Fire Assessment Resolution and a Tentative Millage Rate Resolution at these workshops. Based on past Workshops times, staff is recommending the following times: Monday, July 15, 2019: 5:00 p.m. Tuesday, July 16, 2019: 10:00 a.m. Wednesday, July 17, 2019: 2:00 p.m. As a reminder, Tuesday, July 16, 2019 there will also be a regular City Commission meeting at 6:30 pm. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No Page 636 of 660 CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 637 of 660 11.A. NEW BUSINESS 4/2/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 4/2/2019 REQUESTED ACTION BY COMMISSION: Mayor would like to discuss possibility of having a cornerstone for the Freemasons at the new City Hall Building. 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 638 of 660 13.A. FUTURE AGENDA ITEMS 4/2/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 4/2/2019 REQUESTED ACTION BY COMMISSION: Approve text amendments to the Comprehensive Plan, including: (1) Future Land Use, Intergovernmental Coordination and Capital Improvements Elements, reflecting elimination of school concurrency and deletion of the Public School Facilities Element; and (2) the Transportation Element, creating framework for potential future establishment of a mobility fee. City-initiated. - April 16, 2019 EXPLANATION OF REQUEST: The proposed Comprehensive Plan te)d amendments are grouped in two sets—one pertaining to the Palm Beach county-wide elimination of school concurrency and one establishing a framework for the potential future implementation of a Mobility Fee. Coordinated School Planning The first set of amendments is in the "housecleaning" category— the City is replicating the actions already taken by the county and other municipalities in amending its Comprehensive Plan based on the "Interlocal Agreement Between the School District of Palm Beach County, Palm Beach County and Municipalities of Palm Beach County for Coordinated School Planning." The subject agreement, signed by the City on February 20, 2016, replaced a 2001 interlocal agreement that coordinated countywide school facility planning through school concurrency. The coordination focuses on data sharing already in place, while the school level-of-service and concurrency has been eliminated (it is no longer required by Florida Statutes). The agreement sets up a process through which residential projects are reviewed by the School District for determining capacity. The amendments propose to transfer the coordinated school planning objectives and policies from the Public School Facilities Element to Intergovernmental Coordination Element, and modify applicable language in the Future Land Use and Capital Improvements Elements. The Public School Facilities Element would be deleted. Transportation Policies in Support of Mobility Fee Currently, Boynton Beach and other county municipalities are subject to Palm Beach County concurrency, road impact fees and proportionate fair share regulations. (The City's concurrency and proportionate fair share regulations are applicable to local roadways.) Negative aspects of transportation concurrency systems, such as their focus on roadways, inequitability ("last-in pays') and promotion of sprawl have been generally recognized. Florida statutes encourage local governments to repeal transportation concurrency and adopt an alternative mobility-based funding system that allows developers to pay a fee as mitigation for their transportation impacts. A number of Florida counties and municipalities transitioned, or are considering transitioning from, traditional concurrency to such a system. The proposed amendments add thirteen new policies for the Comprehensive Plan's Transportation Element, creating a framework for potential implementation of a mobility fee. This revenue generator could ultimately allow the City to start funding the full range of the needed multi-modal transportation improvements within its boundaries. Page 639 of 660 Per the statutory requirements, the mobility fee revenue must be expended to implement the needs determined by the plan(s) that serves as the basis for the imposition of the fee. The City would base the future Mobility Fee on a yet to be developed Complete Streets Mobility Plan, which will determine the type, location, and scope of the needed improvements. The Mobility fee may be implemented in specific areas or citywide. Within the area designated for its implementation, the future Mobility Fee may replace the Palm Beach County concurrency system, the County's road impact fee and the proportionate share requirements. It may also trigger rescission of the City's concurrency and proportionate share regulations applicable to the local (City's) roadways. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? No immediate impact on either programs or services FISCAL IMPACT: A potential for a significant revenue generator ALTERNATIVES: None recommended STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: N/A CLIMATE ACTION: CLIMATE ACTION DISCUSSION: N/A Is this a grant? Grant Amount: Page 640 of 660 13.B. FUTURE AGENDA ITEMS 4/2/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 4/2/2019 REQUESTED ACTION BY COMMISSION: Approve a Major Master Plan Modification (MPMD 19-001) for Boynton Beach Town Square to amend the number of allowed dwelling units, revise project phasing, add a shared parking study, revise the proposed use of Building "B", increase the number of hotel rooms, and to add additional height to Building "C". Applicant: James S. Gielda, J KM Developers, LLC. -April 16, 2019 EXPLANATION OF REQUEST: The subject area covers four blocks, bounded by Seacrest Boulevard on the west, NE 1St Street on the east, Boynton Beach Boulevard on the north and SE 2nd Avenue on the south. It includes seven (7) parcels some owned by the City of Boynton Beach and some owned by J KM Developers, totaling 15.04 acres. Portions of the site are currently under redevelopment as the first phase of the approved master plan is under construction. The applicant is proposing the following modifications to the approved master plan: • Reduce the number of allowable dwelling units from 705 to 575. • Revised Master Plan Phasing in part, to introduce a 4th phase to include the hotel. • To support the provision/sharing of parking spaces based on a Shared Parking Study. • Revised the proposed use of Building "B" to designate it for 55+ age adult residents. • Increased the number of hotel rooms from 120 to 144. • Increased proposed height of Building "C" from 50 feet to 62 feet. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT: The Town Square project consists of a relatively complex arrangement among the P3 partners involving land transfers, building lease arrangements and construction responsibilities; however, it will ultimately result in a major enhancement of the City's property tax rolls. Additional financial benefits will be in the form of building permit and business tax and certificate of use revenues. ALTERNATIVES: None recommended. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: Given the size and attributes of the Town Square Development, it has been or is currently associated with several headings or pillars such as "Culturally Distinct Downtown", "High Performing Organization" and even "Energetic Downtown". CLIMATE ACTION: Page 641 of 660 CLIMATE ACTION DISCUSSION: N/A Is this a grant? Grant Amount: Page 642 of 660 13.C. FUTURE AGENDA ITEMS 4/2/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 4/2/2019 REQUESTED ACTION BY COMMISSION: Approve the Major Site Plan Modification (MSPM 19-002) for Town Square Phase Two in order to construct a 261-unit apartment building that wraps the southern garage approved in the Town Square Phase One site plan on a 3.94 acre site. Applicant: James S. Gielda, J KM BTS South, LLC. -April 16, 2019 EXPLANATION OF REQUEST: Mr. Gielda, agent for the J KM BTS South, LLC is requesting approval of a Major Site Plan Modification for the second phase of the Town Square Master Plan. Phase One included the construction of city hall and library building located on the southeast corner of Ocean Avenue and Seacrest Boulevard, a parking garage located on the north side SE 1st Avenue, right-of-way improvements, and public amenities. Phase Two consists of the residential wrap around the southern garage. The proposed building is a 'U'shape and is proposed to be built around three sides of the south garage, although it only attaches to the south facade of the garage. Between the east portion of the building and the east facade of the garage, and between the west portion of the building and the west facade of the garage, there are two amenity areas including a pool, outdoor kitchen, loggia and lawn area. The building consists of 261 dwelling units; 66 studio, 88 one-bedroom, and 107 two-bedroom apartments. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT: The Town Square project consists of a relatively complex arrangement among the P3 partners involving land transfers, building lease arrangements and construction responsibilities; however, it will ultimately result in a major enhancement of the city's property tax rolls. Additional financial benefits will be in the form of building permit and business tax certificate of use revenues. ALTERNATIVES: None recommended. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: This project is currently under the heading "Culturally Distinct Downtown"within the City's Strategic Plan, and has also corresponded with other headings or pillars as such as High Performing Organization. Given the significant size and anticipated impact on the downtown area, it could also correspond with topics or descriptions as"Energetic Downtown" and "Growing Jobs and Business Opportunities". CLIMATE ACTION: CLIMATE ACTION DISCUSSION: N/A Page 643 of 660 Is this a grant? Grant Amount: Page 644 of 660 13.D. FUTURE AGENDA ITEMS 4/2/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 4/2/2019 REQUESTED ACTION BY COMMISSION: Approve a Height Exception (HTEX 19-001)for Town Square Phase Three in order to allow the proposed architectural elements to exceed the 75 foot maximum permitted by code and allow a maximum height of 87 feet and nine (9) inches. -April 16, 2019 EXPLANATION OF REQUEST: Mr. James Gielda, agent for the JKM BTS North, LLC is requesting approval of a Major Site Plan Modification for the third phase of the Town Square Master Plan. Phase One included the construction of city hall and library building, a parking garage, right-of-way improvements, and public amenities. Phase Two included a residential wrap around the southern garage containing 261 dwelling units. This request, Phase Three, consists of a 210-unit apartment building, a 104-unit age restricted apartment building, 8,512 square foot of restaurant space, 11,030 square foot of retail space, and an 875- space parking garage which includes 223 valet parking spaces. The applicant is concurrently requesting a Community Design Appeal (CDPA 19-001) from Chapter 4, Article 111, Section 6 Paragraph F.2.c, which requires that habitable building area is provided around parking structures that have frontages on collector or arterial roads. The applicant is also requesting approval of a Height Exception (HTEX 19-001) in order to allow the proposed architectural elements to exceed the 75 foot maximum permitted by code and allow a maximum height of 87 feet and nine (9) inches. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT: The Town Square project consists of a relatively complex arrangement among the P3 partners involving land transfers, building lease arrangements and construction responsibilities; however, it will ultimately result in a major enhancement of the city's property tax rolls. Additional financial benefits will be in the form of building permit and business tax/certificate of use revenues. ALTERNATIVES: None recommended. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: Given the size and attributes of the Town Square Development, it has or is currently associated with several headings or pillars such as "Culturally Distinct Downtown", "High Performing Organization" and even "Energetic Downtown...". CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Page 645 of 660 Is this a grant? Grant Amount: Page 646 of 660 13.E. FUTURE AGENDA ITEMS 4/2/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 4/2/2019 REQUESTED ACTION BY COMMISSION: Approve a Community Design Appeal (CDPA 19-001)for Town Square Phase Three from Chapter 4, Article 111, Section 6.F., "Off-Street Parking Area Standards", which requires facades of parking garages that front on an arterial or collector roadway to be wrapped with habitable space. -April 16, 2019 EXPLANATION OF REQUEST: Mr. James Gielda, agent for the JKM BTS North, LLC is requesting approval of a Major Site Plan Modification for the third phase of the Town Square Master Plan. Phase One included the construction city hall and library building, a parking garage, right-of-way improvements, and public amenities. Phase Two included a residential wrap around the southern garage containing 261 dwelling units. This request, Phase Three, consists of a 210 unit apartment building, a 104 unit age restricted apartment building, 8,512 square foot of restaurant space, 11,030 square foot retail space, and an 875 parking space garage which includes 223 valet parking spaces. The applicant is concurrently requesting a Community Design Appeal (CDPA 19-001) from Chapter 4, Article 111, Section 6 Paragraph F.2.c, which requires that habitable building area is provided around parking structures that have frontages on collector or arterial roads. The applicant is also requesting approval of a Height Exception (HTEX 19-001) in order to allow the proposed architectural elements to exceed the 75 foot maximum permitted by code and allow a maximum height of 87 feet and nine (9) inches. 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: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: Page 647 of 660 Page 648 of 660 13.F. FUTURE AGENDA ITEMS 4/2/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 4/2/2019 REQUESTED ACTION BY COMMISSION: Approve a Major Site Plan Modification (MSPM 19-005) for Town Square Phase Three in order to construct a 210 unit apartment building, a 104 unit, age restricted apartment building, 8,512 square feet of restaurant space, 11,030 square feet of retail space, and an 875 parking space garage on a 4.10 acre site. -April 16, 2019 EXPLANATION OF REQUEST: Mr. James Gielda, agent for the JKM BTS North, LLC is requesting approval of a Major Site Plan Modification for the third phase of the Town Square Master Plan. Phase One included the construction city hall and library building, a parking garage, right-of-way improvements, and public amenities. Phase Two included a residential wrap around the southern garage containing 261 dwelling units. This request, Phase Three, consists of a 210 unit apartment building, a 104 unit age restricted apartment building, 8,512 square foot of restaurant space, 11,030 square foot retail space, and an 875 parking space garage which includes 223 valet parking spaces. The applicant is concurrently requesting a Community Design Appeal (CDPA 19-001) from Chapter 4, Article 111, Section 6 Paragraph F.2.c, which requires that habitable building area is provided around parking structures that have frontages on collector or arterial roads. The applicant is also requesting approval of a Height Exception (HTEX 19-001) in order to allow the proposed architectural elements to exceed the 75 foot maximum permitted by code and allow a maximum height of 87 feet and nine (9) inches. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT: The Town Square project consists of a relatively complex arrangement among the P3 partners involving land transfers, building lease arrangements and construction responsibilities; however, it will ultimately result in a major enhancement of the city's property tax rolls. Additional financial benefits will be in the form of building permit and business tax certificate of use revenues. ALTERNATIVES: None recommended. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: This Town Square Development is currently under the heading "Culturally Distinct Downtown" within the City's Strategic Plan, and has also corresponded with other headings or pillars such as High Performing Organization. Given the significant size and anticipated impact on the downtown area, it could also correspond with topics or descriptions as "Energetic Downtown" and "Growing Jobs and Business Opportunities". CLIMATE ACTION: Page 649 of 660 CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: Page 650 of 660 13.G. FUTURE AGENDA ITEMS 4/2/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 4/2/2019 REQUESTED ACTION BY COMMISSION: REQUEST1: Approve Harbor Cay Townhomes Future Land Use Map Amendment from Special High Density Residential (SHDR) to Mixed Use Low(MXL) -April 16, 2019 REQUEST2: Approve Harbor Cay Rezoning from IPUD, Infill Planned Unit Development to MU-1, Mixed Use 1. -April 16, 2019 EXPLANATION OF REQUEST: The subject 1.43-acre property, currently developed with a vacated single-family home, is located in the Federal Highway District (North) of the community Redevelopment Area (CRA). The applicant is following the recommendation of the CRA Community Redevelopment Plan by requesting reclassification of the property to the Mixed Use Low(MXL) future land use category. Note that the proposed Mixed Use 1 zoning district is the only district that corresponds with the MXL land use classification within in CRA-designated areas. The MXL classification allows for a maximum density of 20 dwelling units per acre (du/ac). The proposed major site plan modification (MSPM) features 18 townhomes with the resulting density of approximately 12.6 du/ac. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? No significant impact on either programs or services FISCAL IMPACT: Ultimate increase in the City's property tax base as well as permit and business tax and certificate of use revenues. ALTERNATIVES: None recommended STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: N/A CLIMATE ACTION: CLIMATE ACTION DISCUSSION: N/A Page 651 of 660 Is this a grant? Grant Amount: Page 652 of 660 13.H. FUTURE AGENDA ITEMS 4/2/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 4/2/2019 REQUESTED ACTION BY COMMISSION: Approve Harbor Cay Townhomes Major Site Plan Modification (MSPM 19-003) to construct 18 townhomes and related site improvements at a density of 12.6 dwelling units per acre on 1.43 acres located at 605 Lakeside Harbor Drive in the IPUD zoning district. Applicant: United Developers Group, LLC. - April 16, 2019 EXPLANATION OF REQUEST: Mr. Kevin Mushlin, agent for United Developers Group, LLC is proposing a major site plan modification for 18 dwelling units (3-story townhomes) consisting of five (5) buildings with three (3) to four (4) units per building. Each unit has 3 bedrooms ranging in size from 2,186 square feet to 2,310 square feet of air-conditioned space. The total gross building square footage (including exterior patios and balconies) ranges from 2,805 square feet to 3,569 square feet per unit. Owners of units within Buildings 3 and 4 would have an option for a private swimming pool to the rear of their unit. Related site improvements include a community swimming pool, cabana restrooms, a passive recreation/open space area, and lighted guest parking. The applicant is concurrently requesting to reclassify the property from Special High Density Residential (SHDR 20 du/ac)future land use to Mixed Use Low(MXL 20 du/ac), and rezone the property from the IPUD (Infill Planned Unit Development) zoning district to MU-1 (Mixed Use 1). Therefore, approval of this project is contingent upon the approval of the corresponding requests for future land use amendment and rezoning (LUAR 19-003). HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? No significant impact on either programs or services. FISCAL IMPACT: Future increase in tax base. The fiscal impact of the proposal is represented by the fees associated with development approval, and the ultimate increase in property value from the new residential construction. ALTERNATIVES: None recommended STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: N/A Page 653 of 660 CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: Page 654 of 660 13.1. FUTURE AGENDA ITEMS 4/2/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 4/2/2019 REQUESTED ACTION BY COMMISSION: Department to give brief presentation of their operations Fire- May 2019 Development- July 2019 Library - September 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 655 of 660 13.J. FUTURE AGENDA ITEMS 4/2/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 4/2/2019 REQUESTED ACTION BY COMMISSION: Caler, Donten & Levine (city auditors)will present the Comprehensive Annual Financial Report for FY 2018. - May 7, 2019 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 656 of 660 13.K. FUTURE AGENDA ITEMS 4/2/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 4/2/2019 REQUESTED ACTION BY COMMISSION: Representative Mike Caruso will provide the Commission a post-legislative update- May 7, 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 657 of 660 13.L. FUTURE AGENDA ITEMS 4/2/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 4/2/2019 REQUESTED ACTION BY COMMISSION: Proclamation for Boynton Beach Mental Health Committee - May 7, 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 658 of 660 13.M. FUTURE AGENDA ITEMS 4/2/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 4/2/2019 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 659 of 660 13.N. FUTURE AGENDA ITEMS 4/2/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 4/2/2019 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- July 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 660 of 660