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Agenda 10-15-19
The C ity of Boynton Beach City Com m ission Agenda Tuesday, October 15, 2019, 5:30 PM In tracoastal Park Cl u b h ouse 2240 N. F ederal Highway Boynton Beach City Commission M ayor S teven B . Grant (A t Large) Vice M ayo r Justin K atz (D istrict I) C ommissio ner M ack M cCray (District I I) C ommissio ner Christina L. Ro melus (D istrict I I I) C ommissio ner Ty P enserga (D istrict I V ) Lori LaVerriere, C ity M anager James Chero f , C ity A tto rney C rystal Gibso n, C ity Clerk *MIS S ION* To create a sustainable community by providing exceptional municipal services, in a financially responsible manner. www.boynton-beach.org Page 1 of 940 W EL C O ME Thank you for attending the City Commission Meeting G E N ER AL R U L E S & P R O C E D U R ES FO R PU B L IC PAR TIC IPATIO N AT C ITY O F B O YN TO N B E AC H C O MMIS S IO N ME E TIN G S T H E AG E N D A: There is an official agenda for every meeting of the C ity C ommissioners, which deter mines 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 major ity 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. S P E AK IN G AT C O MMIS S IO N ME E T IN G S: 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 suc h, 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 c itizen may be heard c oncerning 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 exc eption of C onsent Agenda I tems that have not been pulled for separate vote, reports, presentations and first reading of Ordinances - Time Limit - Three (3) minutes AD D R E S S IN G T H E C O MMIS S IO N: W hen addressing the Commission, please step up to either podium and state your name for the record D E C O R U M: 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 I ntracoastal 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 940 A.Call to Order - Mayor Steven B. Grant C L OS E D D OOR S E S S I ON to be held on Oc tober 15, 2019 at 5:30 p.m. for a private attorney- client session to discuss pending litigation in the case of: D AV I D F LOE RI NG, Plaintiff, vs. PA UL FRE D E RI C K GRE E N, C I TY OF B OY NTON B E A C H and S TATE NATI ONA L I NS URA NC E C OMPA NY, I NC., a Foreign for Profit Corporation, Defendants – Palm Beach County Circuit Court Case No. 50 2017 C A 010537 I nvocation - Rev. W oodrow Hay, St. J ohn Missionary Baptist Church Pledge of Allegiance to the Flag led by Commissioner Christina Romelus Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption 1.O TH E R A.I nformational items by Members of the City Commission 2.AN N O U N C E ME N TS, C O MMU N IT Y AN D S P E C IAL E V E N T S AN D P R E S E N TATIO N S A.Announce the new solo exhibit by Cecilia Lueza installed on Avenue of the Arts called “Color Effects”. B.Announcement by Police Chief Gregory about the Department's C ommission for Florida Law Enforcement (C FA) Accreditation as an Excelsior level. C.Receive a $30,000 donation from the Realtors Association of the P alm Beaches and Greater Ft. Lauderdale for the enhancement of the area around the eastern pond at Barrier Free Park. D.Proclaim October 13-19, 2019 as Mediation Week in the City of Boynton Beach. E.Proclaim the Month of Oc tober as National Arts and Humanities Month for the City of Boynton Beach. F.Proclaim October 15, 2019 as W hite C ane Safety Day in rec ognition of the growing independence and self-sufficiency of blind people in America and also, to gain recognition of the white c ane as the sy mbol of that independenc e and that self-reliance. Ted Goodenough, Assistant A D A Coordinator will accept the Proclamation from the Mayor. G.Proclaim October 2019, as National Disability Employment Awareness Month. Tricia W illiams, Area Director for Best Buddies and D r. Elsa D eGoias, Disability Servic es Manager at Career Source, will accept the proclamation. H.Announce the C limate Action W orkshop for public input into the City's 2020 C limate Action Plan, by Rebecca Harvey, Sustainability Coordinator. 3.P U B LIC AU D IE N C E IN D IV ID U AL S P E AK E R S W ILL B E L IMIT E D TO 3 MIN U T E P R E S E N TAT IO N S (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) 4.AD MIN IS TR ATIV E A.Appoint eligible members of the community to serve in vacant positions on City advisory boards. B.Appoint a Voting Delegate for the National League of Cities City Summit, November 20-23, 2019. Page 3 of 940 5.C O N S E N T AG E N D A Matters in this section of the Agenda are proposed and recommended by the C ity 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.P R O P O S E D R E S O LU TIO N N O. R19-108 - Approve and authorize the City Manager to sign a First Amendment to agreement with J ames D. Stokes to increase hourly rate of Special Magistrate Services for the City's Red Light Camera Program. B.P R O P O S E D R E S O L U T IO N N O. R19-109 - Authorize May or to sign an I nterlocal Agreement between the Boynton Beach C RA and City of Boynton Beac h to provide funding for the design, permitting, and construction administration of the NE 3rd Street roadway. C.P R O P O S E D R E S O L U IO N N O. R19-110- Authorize the Mayor to sign all documents associated with the ac ceptanc e and grant agreement for the J ustic e Assistance Grant (J A G) subject to the approval of the City Attorney. D.P R O P O S E D R E S O L U T IO N N O . R19-111 - A uthorize the City Manager to sign all documents associated with the acc eptance and grant agreement for the Florida Department of Transportation (F D OT) Occupant Protection and Child Passenger Safety grant subject to the approval of the City Attorney. E.Approve the purc hase of additional license, training and development services from Transcendent for the expansion of the Utility’s asset management system to incorporate wastewater Lift Stations, Raw W ater W ells and the Distric t Energy Plant. The cost of the additional license and training on the existing software is $22,250. The total for license renewal and additional license is $52,970. F.Approve Task Order UT-3D -02 with B axter & W oodman, I nc . D BA Mathews Consulting, A Baxter & W oodman Company, in the amount of $80,850.00 in ac cordanc e with RF Q No. 046-2821- 17/TP, General Consulting Services Contract, Scope Category D awarded by C ity Commission on A ugust 7, 2018 to extend NE 3rd Street from NE 9th Avenue to Martin Luther King J r. Blvd. (NE 10th Avenue). G.As part of the approval of the inter-loc al agreement between the City and C RA for design, permitting, and construction administration of the extension of NE 3rd Street it is necessary to amend the Fiscal Year 2019-2020 Capital I mprovement Fund (302) budget, whic h will adjust budgeted appropriations and revenue sources. H.Approve an increase to the rental agreement with W illiams Scotsman, I nc. for rental of 60x24 and 60x48 modular trailers in the amount of $28,610.80 with a 10% contingency amount of $2,861.80 for the temporary library located at 115 N Federal Highway. I .Approve utilizing the National I PA (U.S. Communities and National I PA are now part of OMNI A Partners-the nation's largest purc hasing organization in proc urement and supply chain management) Contract # 2017025 with Toro Pricing thru local distributor, Hector, 1301 Northwest 3rd Street, D eerfield Beac h, F L 33442 for the 48 month lease of equipment at $3,032.48/mo with an annual expenditure of $36,389.76 . J .Approve the minutes from City Commission meeting on October 1, 2019. 6.C O N S E N T B ID S AN D P U R C H AS E S O V E R $100,000 A.P R O P O S E D R E S O L U T IO N N O . R19-112 - A uthorize the City Manager to sign a contract with Killebrew, I nc . of Lakeland, F L for scope of work that includes pre-c hlorinated pipe bursting of potable water mains on NE 1st St., in the amount of $702,794 plus a 10% contingency of $70,279.94 if needed for staff approval of change orders for unforeseen conditions for a total expenditure of $773,073.94. B.P R O P O S E D R E S O LU TIO N N O. R19-113 - Award Bid No. 033-2511-19/EM for "Ezell Hester Community Center Re-roof" , and authorize the City Manager to sign a contract with T & G Page 4 of 940 Constructors, Doral, FL as the most responsive, responsible bidder in the amount of $392,810 plus a 10% contingency in the amount of $39,281.00 for a total estimated amount of $432,091. C.P R O P O S E D R ESO L U T IO N N O. 19-114 - Authorize the City Manager to sign a c ontrac t with I ntercounty Engineering, I nc. for the Storage Tanks Pressure Sustaining Valve Replacement project, Bid No. 036-2821-19/TP in the amount of $155,147 plus a 10% contingenc y of $15,514.70, if needed for staff approval of change orders for unforeseen c onditions, for a total expenditure of $170,661.70 D.Approve the one-y ear extension for RF Ps/Bids and/ or piggy -backs for the proc urement of services and/or commodities over $100,000 as described in the written report for October 15, 2019- "Request for Extensions and/or Piggybacks." E.Approve the purc hase of three (3) replac ement vehicles as approved in the F Y 2019-20 fleet replacement budget in the estimated amount of $873,444.00 by utilizing the following contract: Florida Sheriffs Association F S A 18-V E H 16.0. 7.P U B LIC H E AR IN G 7 P.M. O R AS S O O N TH E R E AF TE R AS T H E AG E N D A P E R MIT S The City C ommission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. A.Approve request for New Site Plan (NW S P 19-002) to construct a one (1) story, 1,989 square foot professional office building and related site improvements on a 12,822 square foot vacant lot located at the northwest c orner of NW 7th C ourt and B oy nton Beach B oulevard. Applic ant: J oni Brinkman of Urban Design Kilday Studios. B.P R O P O S E D O R D IN AN C E N O. 19-038 - F IR S T R E AD IN G - Approving B I RD Property Future Land Use Map amendment (L UA R 19-004) from the Palm Beach County’s I ndustrial (I ND) classification to the City's I ndustrial (I ) classification. City-initiated. P R O P O S E D O R D IN AN C E N O . 19- 039 - F IR S T R E AD IN G - Approving Bird Property Rezoning (L UA R 19-004) from the Palm B each County's Light I ndustrial (I L) zoning district to the City's M-1 Light I ndustrial zoning district. City-initiated. 8.C ITY MAN AG E R’S R E P O R T A.Provide a brief update on the Art in Public Places program. 9.U N FIN IS H E D B U S IN E S S - None 10.N E W B U S IN E S S A.Approve the request of Mayor Grant to distribute $200 of his Community Support Funds to Smith Smiles, I nc. B.Approve the request of Commissioner Penserga to distribute $1,000 of his Community Support Funds to Citrus Cove Elementary. C.Approve the request of Commissioner Penserga to distribute $1,000 of his Community Support Funds to Freedom Shores Elementary. 11.LE G AL A.P R O P O S E D R E S O LU TIO N N O. R19-115 - Authorize May or to sign a non-exclusive ground lease with F H Quantum, L L C to c onstruc t a parking lot for Quantum Ec o Park to serve the parking requirements for a 60 acre park. Page 5 of 940 B.Authorize the City Manager to discontinue further negotiations for a lease extension for a portion of Mangrove Park and vacate the leased area which will revert bac k to the Diocese of Palm Beach. C.P R O P O S E D O R D IN AN C E 19-037 - S E C O N D R E AD IN G - Approval of an Ordinance of the c ity c ommission of the city of Boynton amending chapter 18, pensions and retirement, of the code of ordinanc es to c reate a new article xi, “deferred retirement option plan” providing for uniform deferred retirement option plan benefits for all c ity employees; amending conflicting provision of drop benefits contained in the general employee, fire and police pension plans; providing for delay ed implementation to ac commodate c ollective bargaining or waiver of bargaining. 12.FU TU R E AG E N D A ITE MS A.Commission will review and discuss our legislative priorities for the J anuary 2020 legislative session - November 5, 2019 B.Ratify Police Collective Bargaining Agreements - November 5, 2019 C.The Mayor requested the City C ommission disc uss the branding for the downtown area (town square) - November 5, 2019 D.Staff and development team to provide brief update on Town Square Project - November 5, 2019 E.Quarterly Census updates by Laura Lansburgh, Marketing Manager: December 17, 2019 March 17, 2020 13.AD JO U R N ME N T NOTICE IF A 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 PROCEEDINGS AND, FOR SUCH PURPOSE, HE/SHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. (F.S. 286.0105) THE CITY SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL WITH A DISABILITY AN EQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OF A SERVICE, PROGRAM, OR ACTIVITY CONDUCTED BY THE CITY. PLEASE CONTACT THE CITY CLERK'S OFFICE, (561) 742-6060 OR (TTY) 1-800-955-8771, AT LEAST 48 HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE CITY TO REASONABLY ACCOMMODATE YOUR REQUEST. ADDITIONAL AGENDA ITEMS MAY BE ADDED SUBSEQUENT TO THE PUBLICATION OF THE AGENDA ON THE CITY'S WEB SITE. INFORMATION REGARDING ITEMS ADDED TO THE AGENDA AFTER IT IS PUBLISHED ON THE CITY'S WEB SITE CAN BE OBTAINED FROM THE OFFICE OF THE CITY CLERK. Page 6 of 940 A. OP E NI NG I TE MS 10/15/2019 CIT Y OF BOY NTON BEACH AG ENDA I TEM REQUEST F ORM C O MMIS S IO N ME E T IN G D ATE: 10/15/2019 R E Q U E S TE D AC T IO N B Y C O MMIS S IO N: Call to Order - Mayor Steven B. Grant C LOS E D D OOR S E S S I ON to be held on October 15, 2019 at 5:30 p.m. for a private attorney-client session to discuss pending litigation in the case of: D AV I D F L OE RI NG, Plaintiff, vs. PA UL FRE D E RI C K GRE E N, C I TY OF B OY NTON B E A C H and S TATE NATI ONA L I NS URA NC E C OMPA NY, I NC., a Foreign for Profit Corporation, Defendants – Palm Beach County Circuit Court Case No. 50 2017 C A 010537 I nvocation - Rev. Woodrow Hay, St. J ohn Missionary Baptist Church Pledge of Allegiance to the Flag led by Commissioner Christina Romelus Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption E X P LAN ATIO N O F R E Q U E S T: H O W W IL L T H IS AFF E C T C IT Y P R O G R AMS O R S E RV IC E S? FIS C AL IMPAC T: ALT E R N ATIV E S: S TR ATE G IC P LAN: S TR ATE G IC P LAN AP P LIC AT IO N: C L IMAT E AC T IO N: C L IMAT E AC T IO N D IS C U S S IO N: Is this a grant? Grant Amount: Page 7 of 940 Page 8 of 940 1.A. OTHE R 10/15/2019 CIT Y OF BOY NTON BEACH AG ENDA I TEM REQUEST F ORM C O MMIS S IO N ME E T IN G D ATE: 10/15/2019 R E Q U E S TE D AC T IO N B Y C O MMIS S IO N: I nformational items by Members of the City Commission E X P LAN ATIO N O F R E Q U E S T: H O W W IL L T H IS AFF E C T C IT Y P R O G R AMS O R S E RV IC E S? FIS C AL IMPAC T: ALT E R N ATIV E S: S TR ATE G IC P LAN: S TR ATE G IC P LAN AP P LIC AT IO N: C L IMAT E AC T IO N: C L IMAT E AC T IO N D IS C U S S IO N: Is this a grant? Grant Amount: Page 9 of 940 2.A. A NNOUNC E ME NTS, C OMMUNI TY A ND S P E C I A L E V E NTS A ND P RE S E NTATI ONS 10/15/2019 CIT Y OF BOY NTON BEACH AG ENDA I TEM REQUEST F ORM C O MMIS S IO N ME E T IN G D ATE: 10/15/2019 R E Q U E S TE D AC T IO N B Y C O MMIS S IO N: Announce the new solo exhibit by Cecilia Lueza installed on Avenue of the Arts called “Color Effects”. E X P LAN ATIO N O F R E Q U E S T: “Color Effects” consist of 5 colorful geometric sculptures along East Ocean that connects the new Town Square redevelopment project to downtown Boynton. Cecilia’s artworks promotes community values and transforms the streetscape in East Boynton. https://www.boynton-beach.org/art/exhibitions H O W W IL L T H IS AFF E C T C IT Y P R O G R AMS O R S E RV IC E S? The exhibit is an easy-to-walk self-guided tour with an Otocast app that connects each sculpture with the artist. This year the public art program is also offering free monthly volunteer docent lead tours and including free promotions from area businesses. FIS C AL IMPAC T: Budgeted The Avenue of the Arts attracts visitors to our downtown which increases cultural tourism, economic development and jobs. I n addition to our P R and marketing program, we are partnering with the Cultural Council of Palm Beach County and Discover the Palm Beaches to promote this cultural destination which will highlight the City’s new downtown growth. ALT E R N ATIV E S: S TR ATE G IC P LAN: Redevelop Downtown, Boynton Beach Branding S TR ATE G IC P LAN AP P LIC AT IO N: Develop downtown - Culturally Distinct Downtown Boynton Beach Branding - deliver distinct experience that differentiates Boynton Beach from other Cities. C L IMAT E AC T IO N: No C L IMAT E AC T IO N D IS C U S S IO N: Is this a grant? Grant Amount: Page 10 of 940 Page 11 of 940 2.B. A NNOUNC E ME NTS, C OMMUNI TY A ND S P E C I A L E V E NTS A ND P RE S E NTATI ONS 10/15/2019 CIT Y OF BOY NTON BEACH AG ENDA I TEM REQUEST F ORM C O MMIS S IO N ME E T IN G D ATE: 10/15/2019 R E Q U E S TE D AC T IO N B Y C O MMIS S IO N: Announcement by Police Chief Gregory about the Department's Commission for Florida Law Enforcement (C FA) Accreditation as an Excelsior level. E X P LAN ATIO N O F R E Q U E S T: We are proud to announce that on W ednesday, October 2, 2019, the City of Boynton Beac h Police Department was recognized by the C ommission for Florida Law Enforc ement (C FA) Ac creditation as an Excelsior level. The C FA is a regional acc rediting organization. There is no higher honor by a professional accrediting body. This recognition was granted by the Commission following an in-depth, outside examination of every aspect of our operations from A ugust 2016 – J uly 2019. This assessment was chaired by Lt. Matthew Fletc her, Naples Police Dept., and he was assisted by I nspec tor Keith Riddick, Florida Dept. of Law Enforcement, and Det. Sonja W ise, Tampa Police Dept. The assessment team conducted a variety of audits and inspections to ensure our practices are consistent with our policies. I n addition, the assessors met with, interviewed and observed many of our personnel during the course of their work day. The assessment team described our personnel as knowledgeable, courteous and engaged. They were especially impressed with several aspects of our operations including our: · I nnovative work with the youth within our community · Engagement efforts – both internal and external · Social media presence, branding, and messaging, and · Our selection process / Police Training Officer program Excelsior rec ognition can only be ac hieved based upon two conditions. First, the agency must demonstrate commitment to the acc reditation process for a minimum of 5, 3-year cy cles. Additionally, the agenc y must demonstrate excellence with respect to the manner in whic h it performs based upon the 237 individual benchmarks established by the accreditation commission. At this time, I would like to recognize Sgt. Christine Naulty and D et. Holly Pic ciano for their suc cess in organizing and c ataloging our proofs of c ompliance, their input on our polic y development, and their efforts to help align our policies with our training. I would also like to recognize their commanding officer, Capt. Maurice Spates. Finally, I would like to thank the 216 dedic ated men and women of the B B P D who live these standards each and every day. So muc h of what they do goes unnotic ed, unrecognized and uncelebrated and that is exactly how we should be willing to operate. These men and women are heroes to me because of the selfless nature of their service. I hope you will join me in applauding their sustained efforts to achieve excellence. H O W W IL L T H IS AFF E C T C IT Y P R O G R AMS O R S E RV IC E S? This achievement is another one of our many efforts to continue building trust between the police department and the community we serve. The community should have confidence that this agency is exceeding statewide standards. FIS C AL IMPAC T: Non-budgeted None ALT E R N ATIV E S: Page 12 of 940 S TR ATE G IC P LAN: S TR ATE G IC P LAN AP P LIC AT IO N: C L IMAT E AC T IO N: No C L IMAT E AC T IO N D IS C U S S IO N: Is this a grant? Grant Amount: Page 13 of 940 2.C. A NNOUNC E ME NTS, C OMMUNI TY A ND S P E C I A L E V E NTS A ND P RE S E NTATI ONS 10/15/2019 CIT Y OF BOY NTON BEACH AG ENDA I TEM REQUEST F ORM C O MMIS S IO N ME E T IN G D ATE: 10/15/2019 R E Q U E S TE D AC T IO N B Y C O MMIS S IO N: Receive a $30,000 donation from the Realtors Association of the Palm Beaches and Greater Ft. Lauderdale for the enhancement of the area around the eastern pond at Barrier Free Park. E X P LAN ATIO N O F R E Q U E S T: The Realtors Association of the Palm Beaches and Greater Ft. Lauderdale have partnered with the Recreation & Parks Department for the past seven years to help support and promote Barrier Free Park. The Association now wants to add to their support by making this generous donation, which will be used to add another exciting element to the Park. H O W W IL L T H IS AFF E C T C IT Y P R O G R AMS O R S E RV IC E S? The donation will be used to supplement funding included the Recreation & Parks Department budget to make enhancements to the pond on the east side of the Park. The enhancements will include connecting a path that will be constructed around the pond to the existing pathways at the park, landscaping and a dock on the water, which will provide an area at which children will be able to use radio controlled boats. FIS C AL IMPAC T: Funds for the project are the Recreation & Parks Department budget using the Park I mpact Fee Fund. ALT E R N ATIV E S: Do not accept the donation. S TR ATE G IC P LAN: S TR ATE G IC P LAN AP P LIC AT IO N: C L IMAT E AC T IO N: C L IMAT E AC T IO N D IS C U S S IO N: Is this a grant? No Grant Amount: Page 14 of 940 2.D. A NNOUNC E ME NTS, C OMMUNI TY A ND S P E C I A L E V E NTS A ND P RE S E NTATI ONS 10/15/2019 CIT Y OF BOY NTON BEACH AG ENDA I TEM REQUEST F ORM C O MMIS S IO N ME E T IN G D ATE: 10/15/2019 R E Q U E S TE D AC T IO N B Y C O MMIS S IO N: Proclaim October 13-19, 2019 as Mediation Week in the City of Boynton Beach. E X P LAN ATIO N O F R E Q U E S T: The American Bar Association has declared the third week in October as Mediation Week in celebration of the strides made in institutionalizing mediation as one of several appropriate dispute resolution processes. Mediation along with the principles and practices it embodies--like self-determination as to process and outcome, open communication, and collaborative problem solving--can be a crucial tool for peacemaking between and among individuals, groups, units, neighborhoods, and governments, as well as in workplaces. The City of Boynton Beach expresses its appreciation to the Palm Beach County Bar Association, and especially to the members of its Alternative Dispute Resolution (A D R) Committee, for their efforts in promoting A D R throughout Palm Beach County. H O W W IL L T H IS AFF E C T C IT Y P R O G R AMS O R S E RV IC E S? FIS C AL IMPAC T: ALT E R N ATIV E S: Not proclaim Mediation W eek in the City of Boynton Beach. S TR ATE G IC P LAN: S TR ATE G IC P LAN AP P LIC AT IO N: C L IMAT E AC T IO N: C L IMAT E AC T IO N D IS C U S S IO N: Is this a grant? Grant Amount: Page 15 of 940 AT TAC H ME N TS: Type Description Proclamation Proclamatin Mediation Week Page 16 of 940 Proclamation WHEREAS, mediation is an informal and non-adversarial process in which a neutral and impartial third party aims to facilitate communication and negotiation between the disputing parties, and to help them reach a mutually acceptable and voluntary agreement, without prescribing what it should be; and WHEREAS, mediation and other voluntary collaborative dispute resolution processes provide effective alternatives to litigation and court trials; and WHEREAS, alternative dispute resolution (ADR), including mediation, has been utilized by the Florida court system to resolve disputes for over 30 years, offering litigants court-connected opportunities to resolve their disputes without judicial intervention; and WHEREAS, the state of Florida is nationally recognized as a leader in the growing ADR field, with one of the most comprehensive court-connected mediation programs in the country; and WHEREAS, mediators and other dispute resolution practitioners, through their concentrated expertise in helping parties find lasting solutions to complex problems, have continually demonstrated the value of alternative dispute resolution; and WHEREAS, the Palm Beach County Bar Association through its Alternative Dispute Resolution Committee, seeks to promote the use and value of ADR processes to lawyers, the judiciary, and the public, and considers that these processes help parties resolve disputes without a trial in a less costly and more timely and satisfying manner; and WHEREAS, the American Bar Association has declared the third week in October as Mediation Week in celebration of the strides made in institutionalizing mediation as one of several appropriate dispute resolution processes; and WHEREAS, mediation along with the principles and practices it embodies--like self-determination as to process and outcome, open communication, and collaborative problem solving--can be a crucial tool for peacemaking between and among individuals, groups, units, neighborhoods, and governments, as well as in workplaces; and WHEREAS, the City of Boynton Beach expresses its appreciation to the Palm Beach County Bar Association, and especially to the members of its ADR Committee, for their efforts in promoting alternative dispute resolution throughout Palm Beach County. NOW THEREFORE, I, Steven B. Grant, Mayor of the City of Boynton Beach, Florida, do hereby proclaim October 13-19, 2019 as: MEDIATION WEEK 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 15th day of October Two Thousand Nineteen. Steven B. Grant, Mayor ATTEST: Crystal Gibson, MMC City Clerk Page 17 of 940 2.E. A NNOUNC E ME NTS, C OMMUNI TY A ND S P E C I A L E V E NTS A ND P RE S E NTATI ONS 10/15/2019 CIT Y OF BOY NTON BEACH AG ENDA I TEM REQUEST F ORM C O MMIS S IO N ME E T IN G D ATE: 10/15/2019 R E Q U E S TE D AC T IO N B Y C O MMIS S IO N: Proclaim the Month of October as National Arts and Humanities Month for the City of Boynton Beach. E X P LAN ATIO N O F R E Q U E S T: The month of October has been recognized as National Arts and Humanities Month by thousands of arts and cultural organizations, communities and states throughout the country. Cities, counties, and states through their local and state agencies and representing thousands of cultural organizations, have celebrated the value and importance of culture in the lives of Americans and the health of thriving communities during National Arts and Humanities Month. I n October 2005, the City of Boynton Beach adopted an Art in Public Places Program and supports the program through the guidance and authority of the Arts Commission, which has consistently recognized the importance of this industry. Arts Commission Board Chair, Courtlandt Mc Quire, will accept the proclamation H O W W IL L T H IS AFF E C T C IT Y P R O G R AMS O R S E RV IC E S? This Proclamation will help raise awareness of Arts and Culture in the City of Boynton Beach. FIS C AL IMPAC T: Non-budgeted none ALT E R N ATIV E S: S TR ATE G IC P LAN: Boynton Beach Branding S TR ATE G IC P LAN AP P LIC AT IO N: Not to declare a proclamation for the Month of October as National Arts and Humanities Month for the City of Boynton Beach. C L IMAT E AC T IO N: No C L IMAT E AC T IO N D IS C U S S IO N: Is this a grant? Grant Amount: Page 18 of 940 AT TAC H ME N TS: Type Description Proclamation Proclamation Arts and Humanities Month Page 19 of 940 Proclamation WHEREAS, the month of October has been recognized as National Arts and Humanities Month by the nation’s 4,500 local arts agencies, and the arts and humanities councils of the 50 states and the six U.S. jurisdictions, as well as by the White House and Congress for over 30 years; and WHEREAS, the arts and humanities embody much of the accumulated wisdom, intellect, and imagination of humankind; and WHEREAS, cities and states — through their local and state arts agencies and representing thousands of cultural organizations — have celebrated the value and importance of culture in the lives of Americans and the health of thriving communities during National Arts and Humanities Month for several years; WHEREAS, the humanities help diverse communities across the United States explore their history and culture; WHEREAS, the arts and culture industry also strengthens our economy by generating $166.3 billion in total economic activity annually, $26 billion in government revenue, and by supporting the full-time equivalent of 5 million jobs; and, WHEREAS, the creative economy drives tourism and commerce, supports American workers, and makes up 4.3% of the annual GDP, proposed federal legislation titled The CREATE Act (S. 650 and H.R. 1519) would support economic development of the creative economy. WHEREAS, Since October 5, 2005, the City of Boynton Beach adopted and supports its Art in Public Places Program, and through the guidance and authority of the Arts Commission, has consistently recognized the importance of this industry. NOW THEREFORE, I, Steven B. Grant, Mayor of the City of Boynton Beach, Florida, do hereby proclaim the , Two Thousand Nineteen as: National Arts and Humanities MonthNational Arts and Humanities MonthNational Arts and Humanities MonthNational Arts and Humanities Month 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 day of , Two Thousand and Nineteen. Steven B. Grant, Mayor ATTEST: Crystal Gibson, MMC City Clerk Page 20 of 940 2.F. A NNOUNC E ME NTS, C OMMUNI TY A ND S P E C I A L E V E NTS A ND P RE S E NTATI ONS 10/15/2019 CIT Y OF BOY NTON BEACH AG ENDA I TEM REQUEST F ORM C O MMIS S IO N ME E T IN G D ATE: 10/15/2019 R E Q U E S TE D AC T IO N B Y C O MMIS S IO N: Proclaim October 15, 2019 as W hite Cane Safety Day in recognition of the growing independence and self- sufficiency of blind people in America and also, to gain recognition of the white cane as the symbol of that independence and that self-reliance. Ted Goodenough, Assistant A D A Coordinator will accept the Proclamation from the Mayor. E X P LAN ATIO N O F R E Q U E S T: The City of Boynton Beach supports Lighthouse for the Blind of the Palm Beaches in its efforts to educate the public and to assist those with vision loss to be self-reliant and independent. The white cane in our society has become one of the symbols of a blind person’s ability to come can go on his own. I ts use has promoted courtesy and special consideration to the blind on our streets and highways. To make the public more fully aware of the meaning of the white cane and the need for motorist to exercise special care for the blind persons who carry it, Congress, by a joint resolution, approved as of October 6, 1964, and authorized President Lyndon B. J ohnson to proclaim October 15 of each year as W hite Cane Safety Day. H O W W IL L T H IS AFF E C T C IT Y P R O G R AMS O R S E RV IC E S? Every citizen should be aware that the law requires that motorists exercise appropriate caution when approaching a blind person carrying a white cane or using a guide dog. Florida law also calls upon employers, both public and private, to be aware of and utilize the employment skills of our blind citizens by recognizing their worth as individuals and their productive capabilities. A young blind lady said, “ I encounter people all of the time who bless me, extol my independence, call me brave and courageous, and thoroughly miss the boat as to what the real significance of the white cane is.” By educating the public on the true meaning of the white cane, we hope to help remove any stigmas that people with vision loss experience and make Boynton Beach truly an inclusive place to live, work and play. FIS C AL IMPAC T: ALT E R N ATIV E S: S TR ATE G IC P LAN: S TR ATE G IC P LAN AP P LIC AT IO N: C L IMAT E AC T IO N: C L IMAT E AC T IO N D IS C U S S IO N: Page 21 of 940 Is this a grant? Grant Amount: AT TAC H ME N TS: Type Description Proclamation Proclamation Page 22 of 940 Proclamation WHEREAS, the white cane, which every blind citizen of in our city has the right to carry, demonstrates and symbolizes the ability to achieve a full and independent life and the capacity to work productively in competitive employment; and WHEREAS, the white cane, by allowing every blind person to move freely and safely from place to place, makes it possible for the blind to fully participate in and contribute to our society; and WHEREAS, every citizen should be aware that the law requires that motorists exercise appropriate caution when approaching a blind person carrying a white cane or guided by a dog guide; and WHEREAS, Florida law also calls upon employers, both public and private, to be aware of and utilize the employment skills of our blind citizens by recognizing their worth as individuals and their productive capacities; and WHEREAS, the City of Boynton Beach, and our business community, with the cooperative assistance of the Lighthouse for the Blind of the Palm Beaches, can look forward to a continued expansion of employment opportunities for and greater acceptance of blind persons in the competitive labor market: NOW THEREFORE, I, Stephen B. Grant, Mayor of the City of Boynton Beach, do hereby proclaim October 15, 2019, as: WHITE CANE SAFETY DAY in Boynton Beach and call upon our schools, colleges, and universities to offer full opportunities for training to blind persons; upon employers and the public to utilize the available skills of competent blind persons and to open new opportunities for the blind in our rapidly changing society; and upon all citizens to recognize the white cane as an instrument of safety and self-help for blind pedestrians on our streets and highways today and every day. Steven B. Grant, Mayor ATTEST: Crystal Gibson, MMC City Clerk Page 23 of 940 2.G. A NNOUNC E ME NTS, C OMMUNI TY A ND S P E C I A L E V E NTS A ND P RE S E NTATI ONS 10/15/2019 CIT Y OF BOY NTON BEACH AG ENDA I TEM REQUEST F ORM C O MMIS S IO N ME E T IN G D ATE: 10/15/2019 R E Q U E S TE D AC T IO N B Y C O MMIS S IO N: Proclaim October 2019, as National Disability Employment Awareness Month. Tricia W illiams, Area Director for Best Buddies and Dr. Elsa DeGoias, Disability Services Manager at Career Source, will accept the proclamation. E X P LAN ATIO N O F R E Q U E S T: Currently, 81% of adults with developmental disabilities do not have a paid job in the community. W e must do more to ensure that individuals with I D D have the opportunity to earn an income of their own, work in an environment alongside others in their communities and contribute their talent and gifts to the rest of the world. H O W W IL L T H IS AFF E C T C IT Y P R O G R AMS O R S E RV IC E S? Working closely with the City’s I nclusion Support Team, we will reinforce the value and talent people with disabilities add to our workplaces and communities and affirm the City of Boynton Beach’s commitment to an inclusive community. FIS C AL IMPAC T: ALT E R N ATIV E S: S TR ATE G IC P LAN: S TR ATE G IC P LAN AP P LIC AT IO N: C L IMAT E AC T IO N: C L IMAT E AC T IO N D IS C U S S IO N: Is this a grant? Grant Amount: Page 24 of 940 AT TAC H ME N TS: Type Description Proclamation Proclamtion National Disabiity Employment Month Proclamation Proclamtion National Disabiity Employment Month Best Buddies Page 25 of 940 Proclamation Workplaces welcoming of the talents of all people, including people with disabilities, are a critical part of our efforts to build an inclusive community and strong economy. In this spirit, the City of Boynton Beach is recognizing National Disability Employment Awareness Month this October, to raise awareness about disability employment issues and celebrate the many and varied contributions of people with disabilities. Currently, 81% of adults with developmental disabilities do not have a paid job in the community. We must do more to ensure that individuals with IDD have the opportunity to earn an income of their own, work in an environment alongside others in their communities and contribute their talent and gifts to the rest of the world. Working closely with the City’s Inclusion Support Team, we will reinforce the value and talent people with disabilities add to our workplaces and communities and affirm the City of Boynton Beach’s commitment to an inclusive community. NOW THEREFORE, I, Steven B. Grant, Mayor of the City of Boynton Beach, Florida, do hereby proclaim the month of October, Two Thousand Nineteen as: National DisabiNational DisabiNational DisabiNational Disability Employment Awareness Monthlity Employment Awareness Monthlity Employment Awareness Monthlity Employment Awareness Month. In so doing, I call upon employers, schools and other community organizations in Palm Beach County and the State of Florida, to observe this month with appropriate programs and activities, and to advance its important message that people with disabilities are equal to the task throughout the year. We all play an important part in fostering a more inclusive workforce, one where every person is recognized for his or her abilities — every day of every month. 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 15th day of October, Two Thousand and Nineteen. Steven B. Grant, Mayor ATTEST: Crystal Gibson, MMC City Clerk Page 26 of 940 Proclamation Workplaces welcoming of the talents of all people, including people with disabilities, are a critical part of our efforts to build an inclusive community and strong economy. In this spirit, the City of Boynton Beach is recognizing National Disability Employment Awareness Month this October, to raise awareness about disability employment issues and celebrate the many and varied contributions of people with disabilities. Currently, 81% of adults with developmental disabilities do not have a paid job in the community. We must do more to ensure that individuals with IDD have the opportunity to earn an income of their own, work in an environment alongside others in their communities and contribute their talent and gifts to the rest of the world. Working closely with the City’s Inclusion Support Team, we will reinforce the value and talent people with disabilities add to our workplaces and communities and affirm the City of Boynton Beach’s commitment to an inclusive community. NOW THEREFORE, I, Steven B. Grant, Mayor of the City of Boynton Beach, Florida, do hereby proclaim the month of October, Two Thousand Nineteen as: National DisNational DisNational DisNational Disability Employment Awareness Monthability Employment Awareness Monthability Employment Awareness Monthability Employment Awareness Month. In so doing, I call upon employers, schools and other community organizations in Palm Beach County and the State of Florida, to observe this month with appropriate programs and activities, and to advance its important message that people with disabilities are equal to the task throughout the year. Today, we recognize Best Buddies and Career Source of palm Beach County, for working with community partners to secure jobs, matched to each individual’s interests and talents. We all play an important part in fostering a more inclusive workforce, one where every person is recognized for his or her abilities — every day of every month. 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 15th day of October, Two Thousand and Nineteen. Steven B. Grant, Mayor ATTEST: Crystal Gibson, MMC City Clerk Page 27 of 940 2.H. A NNOUNC E ME NTS, C OMMUNI TY A ND S P E C I A L E V E NTS A ND P RE S E NTATI ONS 10/15/2019 CIT Y OF BOY NTON BEACH AG ENDA I TEM REQUEST F ORM C O MMIS S IO N ME E T IN G D ATE: 10/15/2019 R E Q U E S TE D AC T IO N B Y C O MMIS S IO N: Announce the Climate Action W orkshop for public input into the City's 2020 Climate Action Plan, by Rebecca Harvey, Sustainability Coordinator. E X P LAN ATIO N O F R E Q U E S T: The City is hosting a Climate Action W orkshop on Tuesday, October 29, 2019, from 6:30-8:00 pm at the Boynton Beach Senior Center, 1021 S Federal Hwy. T he goal of the workshop is to listen to residents' ideas about sustainability and climate action, and apply this input to the development of the City's 2020 Climate Action Plan. T his interactive workshop will allow attendees to: • Review the science of climate change and why it matters to Boynton Beach • Understand the sources of the City’s greenhouse gas emissions • Help prioritize strategies to reduce emissions • Discuss what the City is doing to prepare for a changing climate • Discuss the additional benefits of climate action for our community More information can be found at GoGreenBoyntonBeach.com or by contacting Rebecca Harvey, Sustainability Coordinator at harveyr@bbfl.us or 561-742-6494. H O W W IL L T H IS AFF E C T C IT Y P R O G R AMS O R S E RV IC E S? The City released its first Climate Action Plan (C A P) in 2010 and an updated C A P 2015. This workshop will contribute to the development of the next five-year update of the C A P in 2020. I n 2018, the City joined the Global Covenant of Mayors for Climate & Energy, which requires establishment of community-wide greenhouse gas reduction targets in year 2 and completion of a Climate Action Plan in year 3. This public input session will provide input into the new C A P and emission reduction targets to facilitate compliance with the Global Covenant. FIS C AL IMPAC T: Non-budgeted ALT E R N ATIV E S: Not announce the Climate Action W orkshop. S TR ATE G IC P LAN: S TR ATE G IC P LAN AP P LIC AT IO N: C L IMAT E AC T IO N: Yes C L IMAT E AC T IO N D IS C U S S IO N: Community input for C A P 2020 Page 28 of 940 Is this a grant? Grant Amount: Page 29 of 940 4.A. A D MI NI S TRATI V E 10/15/2019 CIT Y OF BOY NTON BEACH AG ENDA I TEM REQUEST F ORM C O MMIS S IO N ME E T IN G D ATE: 10/15/2019 R E Q U E S TE D AC T IO N B Y C O MMIS S IO N: Appoint eligible members of the community to serve in vacant positions on City advisory boards. E X P LAN ATIO N O F R E Q U E S T: 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. H O W W IL L T H IS AFF E C T C IT Y P R O G R AMS O R S E RV IC E S? Appointments are necessary to keep our Advisory Board full and operating as effectively as possible. FIS C AL IMPAC T: N/A ALT E R N ATIV E S: Allow vacancies to remain unfilled. S TR ATE G IC P LAN: Building W ealth in the Community S TR ATE G IC P LAN AP P LIC AT IO N: C L IMAT E AC T IO N: C L IMAT E AC T IO N D IS C U S S IO N: Is this a grant? Grant Amount: Page 30 of 940 AT TAC H ME N TS: Type Description Attachment Appointments 10-15-19 Attachment Allen, Darren Attachment Bates, Todd Attachment Calixte-Dieuvil, Francoise Attachment Oyer, Susan Attachment Phillips, Lyman Attachment Rada, Vinola Attachment Sobel, J ay Attachment Young, Shaquira Page 31 of 940 APPOINTMENTS AND APPLICANTS FOR OCTOBER 15, 2019 ____________________________________________________________________________________ Arts Commission III Romelus Reg 2 yr term to 12/20 (tabled 2) Applicants: None ____________________________________________________________________________________ Building Board of Adjustments and Appeals Mayor Grant Alt 2 yr term to 12/20 (Tabled 3) I Katz Alt 2 yr term to 12/19 (Tabled 3) II McCray Reg 2 yr term to 12/20 Applicants: None ____________________________________________________________________________________ Education and Youth Advisory Board III Romelus STU 2 yr term to 12/29 (Tabled 3) IV Penserga STU NV 2 yr term to 12/19 (Tabled 2) Mayor Grant Reg 2 yr term to 12/20 I Katz Alt 2 yr term to 12/20 Applicants: Shaquira Young (Move up from Alt. to Reg.) Francoise Calixte-Dieuvil Vinola Rada Historic Resources Preservation Board II McCray Alt 2 yr term to 12/20 Applicants: None Library Board IV Penserga Alt 2 yr term to 12/20 (Tabled 2) Mayor Grant Reg 2 yr term to 12/19 Applicants: None Page 32 of 940 ____________________________________________________________________________________ Planning and Development Board IV Penserga Alt 2 yr term to 12/20 Applicants: Lyman Phillips Todd Bates Jay Sobel Susan Oyer Darren Allen ____________________________________________________________________________________ Senior Advisory Board III Romelus Alt 2 yr term to 12/20 (Tabled 3) IV Penserga Reg 2 yr term to 12/20 (Tabled 3) Mayor Grant Reg 2 yr term to 12/19 (Tabled 3) Applicants: None ___________________________________________________________________________ Page 33 of 940 Page 34 of 940 Page 35 of 940 Page 36 of 940 Page 37 of 940 Page 38 of 940 Page 39 of 940 Page 40 of 940 Page 41 of 940 Page 42 of 940 Page 43 of 940 Page 44 of 940 Page 45 of 940 Page 46 of 940 Page 47 of 940 Page 48 of 940 Page 49 of 940 Page 50 of 940 Page 51 of 940 Page 52 of 940 Page 53 of 940 Page 54 of 940 Page 55 of 940 Page 56 of 940 Page 57 of 940 Page 58 of 940 4.B. A D MI NI S TRATI V E 10/15/2019 CIT Y OF BOY NTON BEACH AG ENDA I TEM REQUEST F ORM C O MMIS S IO N ME E T IN G D ATE: 10/15/2019 R E Q U E S TE D AC T IO N B Y C O MMIS S IO N: Appoint a Voting Delegate for the National League of Cities City Summit, November 20-23, 2019. E X P LAN ATIO N O F R E Q U E S T: The National League of Cities Summit will be held in San Antonio, Texas, November 20-23, 2019. The City Commission will need to appoint a delegate to vote on behalf of the City of Boynton Beach at the Annual Business Meeting on the final day of the conference. H O W W IL L T H IS AFF E C T C IT Y P R O G R AMS O R S E RV IC E S? N/A FIS C AL IMPAC T: Budgeted N/A ALT E R N ATIV E S: Do not appoint a voting delegate. S TR ATE G IC P LAN: S TR ATE G IC P LAN AP P LIC AT IO N: C L IMAT E AC T IO N: No C L IMAT E AC T IO N D IS C U S S IO N: Is this a grant? No Grant Amount: Page 59 of 940 5.A. C ONS E NT A GE ND A 10/15/2019 CIT Y OF BOY NTON BEACH AG ENDA I TEM REQUEST F ORM C O MMIS S IO N ME E T IN G D ATE: 10/15/2019 R E Q U E S TE D AC T IO N B Y C O MMIS S IO N: P R O P O S E D R E S O L U T IO N N O. R19-108 - Approve and authorize the City Manager to sign a First Amendment to agreement with J ames D. Stokes to increase hourly rate of Special Magistrate Services for the City's Red Light Camera Program. E X P LAN ATIO N O F R E Q U E S T: The City Commission approved Ordinanc e No. 13-019 on J une 18, 2013 establishing the C ity’s local hearing process for Red Light Camera c itations. As part of the local process the C ity appointed (2) Special Magistrates to consider appeals of these citations. W hen the program was implemented in 2013, the C ity held weekly hearings in the Commission Chambers and had a rotation of S pecial Magistrates on a monthly basis or whenever coverage was needed for a scheduling conflic t. The C ity currently provides all necessary equipment and background doc uments for the Special Magistrates to conduct the hearings. The current agreement contains the following conditions for the Special Magistrate: Compensation of $140/hour with no additional charge for mileage, travel time or incidentals; Two (2) hour minimum hearing sessions days; City also compensates for ac tual time spent for any necessary training for the ATS system or pre hearing preparation J ames Stokes, Special Magistrate requested a compensation inc rease, effective J anuary 1st, 2020 to $200/hour with no additional charge for mileage, travel time or incidentals. The Red Light Camera program has bec ome more efficient and has gone from two (2) hearings per month, to one (1) hearing per month. I n addition, the City is no longer using (2) Special Magistrates. Staff recommends approval of this request. H O W W IL L T H IS AFF E C T C IT Y P R O G R AMS O R S E RV IC E S? The Agreement will continue as recommended in Ordinance No. 13-019. W ith the reduction in the number of hearings a month from two (2) to one (1) the overall cost to the City will decrease. FIS C AL IMPAC T: The estimated annual c osts for these services were part of developing the Administrative Fine of $85.00 per violation that was previously approved by the City C ommission to rec over the costs of the C ity holding these hearings as allowed by the legislation that went into effect as of J uly 1, 2013. This Administrative Fine is still enough to cover the change in compensation. FY2017 Expenditures $6,188.00 FY2018 Expenditures $4,172.00 FY2019 Expenditures $5,390.00 Page 60 of 940 ALT E R N ATIV E S: Not enter into the revised agreement. S TR ATE G IC P LAN: S TR ATE G IC P LAN AP P LIC AT IO N: C L IMAT E AC T IO N: No C L IMAT E AC T IO N D IS C U S S IO N: Is this a grant? No Grant Amount: AT TAC H ME N TS: Type Description Resolution Resolution approving First Amendment to increase the hourly rate of the Red Light Camera Special Magistrate Amendment First Amendment to Agreement with J ames Stokes Page 61 of 940 C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\D499F3A5-2C4F-4A37-9387-49981B9FFF2F\Boynton Beach.18570.1.Amendment_to_Agreement_with_RLC_Special_Magistrate_Stokes_-_Reso.docx RESOLUTION R19- 1 2 3 4 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 5 FLORIDA, APPROVING AND AUTHORIZING THE CITY 6 MANAGER TO SIGN A FIRST AMENDMENT TO 7 AGREEMENT WITH JAMES D. STOKES FOR RED LIGHT 8 CAMERA SPECIAL MAGISTRATE SERVICES TO INCREASE 9 THE SPECIAL MAGISTRATE’S HOURLY RATE; AND 10 PROVIDING AN EFFECTIVE DATE. 11 12 13 WHEREAS, on August 6, 2013, the City Commission appointed James D. Stokes to 14 serve as the Special Magistrate for Local Red Light Camera hearings and approved the City 15 Manager to sign an Agreement for Special Magistrate services; and 16 WHEREAS, the Special Magistrate has requested that his hourly rate be increased from 17 $140 to $200 per hour; and 18 WHEREAS, the City Commission of the City of Boynton Beach upon 19 recommendation of staff, deems it to be in the best interest of the citizens of the City of Boynton 20 Beach to approve and authorize the City Manager to sign a First Amendment to Agreement 21 with James D. Stokes for Red Light Camera Special Magistrate to increase the Special 22 Magistrate’s hourly rate. 23 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 24 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 25 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 26 being true and correct and are hereby made a specific part of this Resolution upon adoption 27 hereof. 28 Section 2. The City Commission does hereby approve and authorize the City 29 Manager to sign a First Amendment to Agreement with James D. Stokes for Red Light Camera 30 Special Magistrate to increase the Special Magistrate’s hourly rate. A copy of the First 31 Page 62 of 940 C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\D499F3A5-2C4F-4A37-9387-49981B9FFF2F\Boynton Beach.18570.1.Amendment_to_Agreement_with_RLC_Special_Magistrate_Stokes_-_Reso.docx Amendment is attached hereto as Exhibit “A”. 32 Section 3. That this Resolution shall become effective immediately upon passage. 33 PASSED AND ADOPTED this _____ day of ___________, 2019. 34 35 CITY OF BOYNTON BEACH, FLORIDA 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 50 ATTEST: 51 52 53 _____________________________ 54 Crystal Gibson, MMC 55 City Clerk 56 57 58 (Corporate Seal) 59 Page 63 of 940 {00333973.1 306-0806020} Page 1 of 3 FIRST AMENDMENT TO AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND JAMES D. STOKES This First Amendment shall take effect on signature by both parties. THE CITY OF BOYNTON BEACH, FLORIDA, a municipal corporation, hereinafter referred to as "CITY" and JAMES D. STOKES, hereinafter referred to as “Special Magistrate” WITNESSETH: WHEREAS, On August 6, 2013, an Agreement between the City and Magistrate was approved by the City Commission, pursuant to Resolution R13-075; and WHEREAS, Special Magistrate has been compensated at the same hourly rate of $140.00 per hour for the past six (6) years; and WHEREAS, Special Magistrate has requested an increase in hourly compensation from $140.00 to $200.00 per hour; and WHEREAS, the City has agreed to increase Special Magistrate’s compensation pursuant to his request. Now, therefore, in consideration of the mutual terms and conditions, promises, covenants and payments hereinafter set forth, City and Special Magistrate agree as follows: 1. City agrees to pay Special Magistrate Two Hundred Dollars and 00/100 ($200.00) per hour or fractional part thereof for time spent by the SPECIAL MAGISTRATE in preparation and research for special Magistrate hearings, for attendance at such hearings, and if required, for drafting appropriate orders and documents which result from such hearings. 2. All other terms and conditions of the Agreement not specifically amended shall remain in full force and effect for the balance of the term of the agreement. REMAINDER OF THIS PAGE LEFT BLANK. SIGNATURE PAGE FOLLOWS Page 64 of 940 {00333973.1 306-0806020} Page 2 of 3 IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year first written above. BY:____________________________ Lori LaVerriere, City Manager ATTEST: APPROVED AS TO FORM: ___________________ __________________________ Crystal Gibson, MMC James A. Cherof, City Attorney City Clerk STATE OF FLORIDA COUNTY OF PALM BEACH BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgments, personally appeared Lori LaVerriere, as City Manager of the City of Boynton Beach, Florida, and acknowledged she executed the foregoing Amendment for the use and purposes mentioned in it, and that the instrument is her act and deed. IN WITNESS OF THE FOREGOING, I have set my hand and official seal at in the State and County aforesaid on this ___ day of _______ 2019. _____________________________ NOTARY PUBLIC My Commission Expires: Page 65 of 940 {00333973.1 306-0806020} Page 3 of 3 BY:__________________________ James D. Stokes, Magistrate STATE OF FLORIDA COUNTY OF PALM BEACH BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgments, personally appeared James D. Stokes, and acknowledged he executed the foregoing Amendment for the use and purposes mentioned in it, and that the instrument is his act and deed. IN WITNESS OF THE FOREGOING, I have set my hand and official seal at in the State and County aforesaid on this ___ day of _______ 2019. _______________________________ NOTARY PUBLIC My Commission Expires: Page 66 of 940 5.B. C ONS E NT A GE ND A 10/15/2019 CIT Y OF BOY NTON BEACH AG ENDA I TEM REQUEST F ORM C O MMIS S IO N ME E T IN G D ATE: 10/15/2019 R E Q U E S TE D AC T IO N B Y C O MMIS S IO N: P R O P O S E D R E S O L U T IO N N O. R19-109 - Authorize Mayor to sign an I nterlocal Agreement between the Boynton Beach C RA and City of Boynton Beach to provide funding for the design, permitting, and construction administration of the NE 3rd Street roadway. E X P LAN ATIO N O F R E Q U E S T: The C RA has budgeted for a project to extend NE 3rd Street from NE 9th Avenue to Martin Luther King J r. Blvd. (NE 10th Avenue). On August 13, 2019, the C RA board approved an I nterlocal agreement with the C ity of Boynton Beac h that will fund the design of the extension of NE 3rd Street (see attachment 1). The C RA approved $85,000.00 for the engineering, design, permitting, bidding and construction administration services necessary to c omplete the projec t consistent with the terms in the Engineering Scope between the City of Boynton Beach and Baxter & W oodman, I nc. (see attachment 2). H O W W IL L T H IS AFF E C T C IT Y P R O G R AMS O R S E RV IC E S? Public Works - Engineering Division shall administer the project. FIS C AL IMPAC T: Non-budgeted The C RA will reimburse the City for all costs incurred as part of this project. ALT E R N ATIV E S: Commission may chose to have the C RA administer the project, thus requiring the C RA to resolicit the project, as the C RA is unable to use the City's Professional Consulting Services Rotation. S TR ATE G IC P LAN: S TR ATE G IC P LAN AP P LIC AT IO N: C L IMAT E AC T IO N: C L IMAT E AC T IO N D IS C U S S IO N: Is this a grant? Grant Amount: Page 67 of 940 AT TAC H ME N TS: Type Description Resolution Resolution approving I LA with C RA for funding of NE 3rd Street roadway Agreement Attachment 1 - C RA's I LA Attachment Attachment 2 - Baxter Woodman Proposal Page 68 of 940 C:\Program Files (X86)\Neevia.Com\Docconverterpro\Temp\NVDC\B3497A52-AAB6-47C2-B818-8DCCC4819190\Boynton Beach.18568.1.ILA_With_CRA_For_Funding_For_NE_3rd_Street_Roadway_-_Reso.Docx RESOLUTION NO. R19-___ 1 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 2 FLORIDA, APPROVING AND AUTHORIZING THE MAYOR TO 3 SIGN AN INTERLOCAL AGREEMENT BETWEEN THE CITY 4 OF BOYNTON BEACH AND THE BOYNTON BEACH 5 COMMUNITY REDEVELOPMENT AGENCY TO PROVIDE 6 FUNDING FOR THE DESIGN, PERMITTING, AND CONSTRUCTION 7 ADMINISTRATION OF THE NE 3RD STREET ROADWAY; AND 8 PROVIDING AN EFFECTIVE DATE. 9 WHEREAS, the Boynton Beach Community Redevelopment Agency (CRA) has 10 budgeted for a project to extend Northeast 3rd Street from Northeast 9th Avenue to Martin Luther 11 King Jr, Blvd (NE 10th Avenue); and 12 WHEREAS, on August 13, 2019 the Boynton Beach CRA approved the Interlocal 13 Agreement between the City and the CRA that will fund the design of the extension of NE 3rd 14 Street; and 15 WHEREAS, the CRA approved $85,000.00 for the engineering, design, permitting, 16 bidding and construction administration services necessary to complete the project consistent 17 with the terms in the Engineering Scope between the City of Boynton Beach and Baxter & 18 Woodman, Inc.; and 19 WHEREAS, the City Commission of the City of Boynton Beach, Florida, upon the 20 recommendation of staff, deems it to be in the best interests of the City residents to approve and 21 authorize the Mayor to sign an Interlocal Agreement with the Boynton Beach Community 22 Redevelopment Agency to provide funding in the amount of $85,000.00 for the design, 23 permitting and construction administration of the NE 3rd Street roadway. 24 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 25 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 26 Page 69 of 940 C:\Program Files (X86)\Neevia.Com\Docconverterpro\Temp\NVDC\B3497A52-AAB6-47C2-B818-8DCCC4819190\Boynton Beach.18568.1.ILA_With_CRA_For_Funding_For_NE_3rd_Street_Roadway_-_Reso.Docx Section 1. Each Whereas clause set forth above is true and correct and incorporated 27 herein by this reference. 28 Section 2. The City Commission of the City of Boynton Beach, Florida does hereby 29 approve and authorize the Mayor to sign the Interlocal Agreement between the City of Boynton 30 Beach and the Boynton Beach Community Redevelopment Agency to provide funding in the 31 amount of $85,000.00 for the design, permitting and construction administration of the NE 3rd 32 Street roadway, a copy of said Interlocal Agreement is attached hereto as Exhibit “A”. 33 Section 3. That this Resolution shall become effective immediately upon passage. 34 PASSED AND ADOPTED this _____ day of ___________, 2019. 35 CITY OF BOYNTON BEACH, FLORIDA 36 37 YES NO 38 39 Mayor – Steven B. Grant _____ _____ 40 41 Vice Mayor – Justin Katz _____ _____ 42 43 Commissioner – Mack McCray _____ _____ 44 45 Commissioner – Christina L. Romelus _____ _____ 46 47 Commissioner – Ty Penserga _____ _____ 48 49 VOTE ______ 50 ATTEST: 51 52 53 _____________________________ 54 Crystal Gibson, MMC 55 City Clerk 56 57 58 (Corporate Seal) 59 60 Page 70 of 940 Page 71 of 940 Page 72 of 940 Page 73 of 940 Page 74 of 940 Page 75 of 940 Page 76 of 940 Page 77 of 940 Page 78 of 940 NE 3rd St ROADWAY & UTILITY IMPROVEMENTS 1 City of Boynton Beach – Engineering Services for NE 3rd Street Roadway & Utility Improvements July 16, 2019 A. Background The City of Boynton Beach (CITY) has requested a proposal from Baxter & Woodman, Inc. (B&W) to provide Engineering Services for the NE 3rd Street (Martin Luther King Jr Blvd to NE 9th Ave) Roadway & Utility Improvements Project. The infrastructure improvements consist of: Conversion of an unimproved 50-foot right-of-way section into a full roadway New sidewalk, curb and gutter Side street parking New 8-inch water main New 8-inch gravity sanitary sewer Roadway striping & signage Stormwater improvements Street lighting Sidewalk along north side of NE 9th Ave between NE 3rd St and Railroad Avenue B. Scope of Services The Engineering Services shall include the following tasks: Task 1 – Data Collection Task 2 – Design Services Task 3 – Permitting Services Task 4 – Bidding Services Task 5 – Construction Administration Services Task 6 – Construction Inspections The specific scope of services to be provided by B&W in this Contract includes the following: Task 1 – Data Collection Subtask 1.1 Utility Coordination Coordination with utility agencies (electric, phone, gas, water, sewer and CATV) shall be performed to collect record information. This Subtask includes reconciling apparent discrepancies between record information and field observed information. Subtask 1.2 Subsurface Investigations B&W shall furnish the services of a professional geotechnical firm to provide a geotechnical evaluation of the project area, and have two (2) soil borings taken for soil strata identification; to determine the ground water level; and to obtain a field percolation test as part of the project. Page 79 of 940 NE 3rd St ROADWAY & UTILITY IMPROVEMENTS 2 TASK 2 – DESIGN SERVICES Design shall consist of preparation of Contract Specifications, Contract Drawings and Construction Cost Opinion. Subtask 2.1 Preliminary Design B&W shall prepare a 30% design level plan layout of the proposed roadway, drainage, sewer and watermain improvements. The City shall provide all survey topographic information in Autocadd format. The plans will illustrate the typical placement of the proposed water main, sewer and above ground improvements (roadway width, curbing, sidewalk), etc. The plans and 30% design level construction cost estimate will be provided to the CITY for their review and comment. Three (3) hard copies of the plans and cost estimate and in .pdf format. Subtask 2.2 Construction Documents Preparation of construction documents shall include contract drawings and technical specifications. Contract drawings shall include: cover sheet, general notes, plan/profile drawings, roadway section, signage and marking plan, drainage, sewer and watermain improvements, and miscellaneous detail sheets. The drawing scale shall be 1-inch equals 20 feet for roadway/pipeline plan. B&W shall prepare the engineering design elements on the topographic survey information provided by the CITY and shall be in an AutoCAD release 2018 format. Contract documents shall include: “front-end” documents and technical specifications and shall conform to the CITY Standards. The CITY shall prepare the front-end documents and provide to B&W. Drawings and specifications (three copies and .pdf format) shall be submitted for CITY review at 60% (plan/profile) and 100% (plan/profile) stages. B&W shall meet with the CITY to discuss comments, and incorporate comments into final documents. B&W shall furnish with the 100% design drawings, one (1) set of AutoCAD Version 2018 files in electronic format. Upon final completion Consultant shall provide bidding documents in electronic format to the City for the City to advertise for construction bids. Subtask 2.3 Construction Cost Opinion Preparation of construction cost opinion at 60% and 100% design stages. The construction cost opinion shall reflect changes in general scope, extent or character of design requirements incorporated during the various design review stages. Subtask 2.4 Design Meetings B&W shall attend a 30% and 60% design review meeting with the CITY and provide a written summary of the issues discussed. TASK 3 – PERMITTING PHASE During the Design Phase, B&W shall meet with the potential permitting and other interested agencies to determine all potential permitting requirements. Permit applications shall be completed as required for: Water Main Construction Permit (Boynton Beach Utilities/PBCo Health Department) Wastewater Construction Permit (Boynton Beach Utilities/PBCo Health Department) Page 80 of 940 NE 3rd St ROADWAY & UTILITY IMPROVEMENTS 3 Environmental Resource Permit “self certification” application (SFWMD) ROW (City of Boynton Beach) Building Permit – Electrical (City of Boynton Beach) General Drainage Permit Application from LWDD is not required Associated permit application fees shall be determined by B&W and paid by CITY. In addition to preparing the permit applications for appropriate regulatory agencies, B&W shall assist the CITY in consultations with the appropriate authorities (if required). Consultation services shall include the following: Attend up to one (1) pre-application meeting with the staff of each of the agencies. Attend up to one (1) meeting with each of the agencies during review of the final permit applications. Respond to request(s) for additional information from each agency. TASK 4 – BIDDING SERVICES Subtask 4.1 Pre-Bid Meeting B&W shall attend pre-bid conference. City shall schedule, prepare the agenda with assistance of B&W, and run the meeting. B&W shall provide written responses to engineering related questions from the pre-bid meeting to the City for the City to issue addendum. Subtask 4.2 Bid Clarifications B&W shall provide written answers and supplemental information or clarification, as appropriate, to interpret, clarify, or expand the bidding documents to the City for inclusion in addenda to be issued by the City. Subtask 4.3 Bid Opening, Prepare Bid Tabulation & Recommendation of Award B&W shall attend the bid opening, prepare bid tabulation sheets and assist City in evaluating bids and proposals. The review conducted by B&W does not include the Contractor’s financials. B&W shall submit to City a written recommendation concerning contract award. Subtask 4.4 Preparation of Conformed Documents B&W shall prepare the conformed construction plan documents and assist the City in assembling the contract documents for the successful bidder. B&W shall furnish the As-Bid design drawings, one (1) set of AutoCAD (Version 2016) files and one (1) set of pdf files in electronic format. Consultant shall also provide one (1) hard copy and a .pdf of the technical specifications. TASK 5 – CONSTRUCTION ADMINISTRATION SERVICES The general administration services during construction of the NE 3rd Street Roadway & Utility Improvements Project shall include the following tasks: Subtask 5.1 Preconstruction Conference B&W shall attend a preconstruction conference with representatives of CITY, contractor and major subcontractors for the construction contract. B&W shall prepare, in writing, minutes of conference. Page 81 of 940 NE 3rd St ROADWAY & UTILITY IMPROVEMENTS 4 Subtask 5.2 Submittal Review B&W shall review and process shop drawings, samples, schedules, certifications and any other data which the construction contractor is required to submit. The review will be for conformance with the design concept and compliance with the construction contract documents. Consultant will submit reviewed shop drawings/submittals to CITY for their records. Subtask 5.3 Pay Estimate Review Based on onsite observations as an experienced and qualified design professional and on review of Contractor applications for payment and accompanying data and schedules, determine the amounts owing to the Contractor and recommend, in writing, payments to Contractor in such amounts. Review of stored materials items and invoices as required. This also includes, monitoring the construction schedule monthly and reporting to the CITY conditions which may cause delay in completion. Subtask 5.5 Construction Clarifications Respond in writing to Contractor’s Request for Information (RFI) regarding design documents during the estimated 3-month construction period. B&W shall issue interpretations and clarifications of the Contract Documents, along with associated support materials, as requested by the Contractor. Those interpretations will be rendered and a response prepared and submitted to the Contractor within 5 working days. Subtask 5.6 Review Change Orders Provide services in connection with preparing change orders to reflect changes to the construction project, limited to minor changes requested by Contractor. Analysis of major design modifications, including the preparation of significant Drawing revisions, are not included, and may require additional authorization. Subtask 5.7 Progress Meetings B&W shall conduct monthly construction progress meetings (estimated 2 meetings) to be held at an acceptable location and provide a written summary of the issues discussed. Subtask 5.8 Certification of Construction Completion B&W shall certify to the applicable permitting agencies based on the visible project features, B&W’s periodic inspections, that the project was constructed in accordance with the plans and specifications submitted in the permit applications. Subtask 5.9 Substantial and Final Inspections B&W shall conduct a substantial and final inspection with the CITY and Contractor to determine if the project has been completed in accordance with the contract documents and if the construction contractor has fulfilled his obligations thereunder. A punch-list will be prepared for each inspections (substantial and final) for the project. B&W shall recommend, in writing, final acceptance of the work to the CITY. The CITY may, at CITY’s option proceed to make final payment to the construction contractor. Page 82 of 940 NE 3rd St ROADWAY & UTILITY IMPROVEMENTS 5 TASK 6 – RESIDENT PROJECT REPRESENTATIVE SERVICES The Construction Inspections phase services to be provided by B&W include the following: 1. Provide a Construction Inspector to provide periodic inspections (on average 20 hrs/week) during the construction of the watermain, drainage and sanitary sewer work in a total period of not-to- exceed 6 weeks (estimated 120 hours); on average 1 trip per week (3 hrs/week) during the remaining 4 weeks of construction of the paving improvements (estimated 12 hours); and on average 1 trip at 3 hours each (estimated 6 hours) for the substantial and final inspections for the construction contract. Total estimated 138 hours RPR for estimated 12-week (3-month) construction time period. Activities performed under this task consist of furnishing a Construction Inspector during the construction of the project, to observe the performance of the work of the Contractor on a Not-To-Exceed basis, who will: Serve as B&W’s liaison with construction contractor, working principally through the contractor’s construction manager and assist him in understanding the intent of the contract documents. Conduct on-site observations of the work in progress to assist in determining if the work is proceeding in accordance with the contract documents and that completed work conforms to the contract documents. Report, in writing, whenever B&W believes that work is unsatisfactory, faulty or defective, or does not conform to the contract documents, or does not meet the requirements of inspections, tests or approval required to be made, or has been damaged prior to final payment. Work in conjunction with the CITY’s inspector to coordinate coverage of inspections of the project construction work. Accompany visiting inspectors representing public or regulatory agencies having jurisdiction over the project. Record, in writing, the outcome of these inspections and report same to CITY. Consider and evaluate construction contractor’s suggestions for modifications in drawings or specifications and report them to CITY, in writing. B&W shall make recommendation for action by the CITY. Review Contractor As-Built information on a monthly basis to confirm updates are being made. Review all Contractor density test results performed by Professional Geotechnical company. Observe all flushing and pressure testing of the water main. 2. Review work progress at key steps to allow certifications to the applicable agencies, that work was completed in substantial conformance with the Contract Documents and Permits. LIMITATIONS OF AUTHORITY Except upon written instructions of Engineer, Resident Project Representative: 1. Shall not authorize any deviation from the Contract Documents or approve any substitute materials or equipment. Page 83 of 940 NE 3rd St ROADWAY & UTILITY IMPROVEMENTS 6 2. Shall not exceed limitations on Engineer’s authority as set forth in the Contract Documents. 3. Shall not undertake any of the responsibilities of Contractor, Subcontractors or Construction Manager, or expedite the Work. 4. Shall not advise on or issue directions relative to any aspect of the means, methods, techniques, sequences or procedures of construction unless such is specifically called for in the Contract Documents. 5. Shall not advise on or issue directions as to safety precautions and programs in connection with the Work. 6. Shall not participate in specialized field or laboratory tests. ELECTRICAL DESIGN SERVICES B&W shall hire the services of a professional electrical engineer for the design of the street lighting along NE 3rd St. Tasks shall include the following: Task E1 – Data Collection 1. SUBCONSULTANT shall visit the site and coordinate with FPL as it relates to the existing services located along NE 3rd Street that currently serve the properties facing NE 10th Avenue. Task E2 – Design Services 1. EDA shall prepare a preliminary design report, 8 ½ x 11 format outlining the existing conditions, FPL services availability and proposed street lighting data sheets in accordance with the FPL Street Lighting Standards. No drawings are anticipated. 2. Photometric evaluation for the roadway lighting along NE 3rd Street originating at NE 9th Avenue and extending to NE 10th Avenue, an approximate length of 140 LF. The photometric evaluation shall be completed in accordance with the City ordinances, IES recommendations and the NEC. Light fixture selection shall be in accordance with FPL Street Lighting Standards. 3. SUBCONSULTANT with the for the roadway lighting along NE 3rd Street originating at NE 9th Avenue and extending to NE 10th Avenue, an approximate length of 140 LF. The photometric evaluation shall be completed in accordance with the City ordinances, IES recommendations and the NEC. Light fixture selection shall be in accordance with FPL Street Lighting Standards. 4. SUBCONSULTANT with conversion and relocation of existing FPL overhead services to underground including modifications to the meter can at each of the properties currently served from the pole mounted transformer. It is our understanding that the FPL coordination, relocation along NE 9th Avenue and the service to the proposed Community Center is to be completed by others. 5. SUBCONSULTANT shall attend up to two (2) meetings; the 30% workshop and the 60% workshop with the City. SUBCONSULTANT shall also attend coordination meetings with B&W during the design cycle. Light fixture selection shall be in accordance with FPL Street Lighting Standards. 6. Submittals shall include the following: Page 84 of 940 NE 3rd St ROADWAY & UTILITY IMPROVEMENTS 7 a. 30% Submittal – Photometric Evaluation, FPL Coordination memorandum b. 60% Submittal – Design Drawings and Specifications with 60% cost estimate c. 100% Design – Drawings and Specifications with 100% cost estimate Task E3 – Permitting Phase 1. SUBCONSULTANT shall assist in responding to questions from the City’s Building Department as they relate to the services that are being modified. Task E4 – Bidding Phase 1. SUBCONSULTANT shall assist during the Bidding process and respond to questions received. Task E5 – Construction Administration Services 1. Construction Administration services shall be limited to the modifications to the properties whose services are being modified. 2. Shop drawings will be reviewed to determine their conformance with the design drawings. The scope of field monitoring services will be limited to two (2) site visits for the purpose of assessing general conformance of the work with design drawings and specifications. It is understood that the SUBCONSULTANT and B&W will not be performing detailed quality control and inspection services such as checking the installation of conduits for conformity with the electrical drawings and appropriate manufacturer's shop drawings. C. Assumptions In addition to the work items discussed above, the following assumptions were made in establishing the scope of this Contract and associated fee. Changes and/ or modifications in the above work items or these assumptions are considered an Additional Services Item under the terms of the contract. Assumptions include: 1. B&W assumes that all existing and proposed infrastructure roadway/pipeline alignments are within the CITY’s, rights-of-way. 2. No additional survey work is included herein. The boundary and topographic survey files provided to B&W on June 10, 2019 will be utilized for the basis of design. Any additional survey information, such as existing drainage and sewer invert elevations, shall be provided by the CITY. The surveyor’s certification and horizontal control information will be provided to B&W for inclusion in the construction documents. 3. The CITY will provide topographic survey base files for the ROW of NE 9th Avenue between NE 3rd St and Railroad Avenue which will include topographic survey of the expanded right- of-way (50’ proposed section) and shall include information along the north line where the sidewalk in proposed, along with the elevation at each edge of driveway 10’ outside of the future 50’ expanded ROW. 4. CITY will be responsible for acquisition and recordation of easements (including temporary construction easements if required), right-of-way expansion, additional ROW taking documents, etc. Page 85 of 940 NE 3rd St ROADWAY & UTILITY IMPROVEMENTS 8 5. The CITY shall assist B&W with coordination for required access to determine modifications for undergrounding of existing building electrical feeds. 6. CITY will provide B&W record/as-built drawings of all available existing facilities in the project area. 7. No utility locates (soft digs) are included herein. 8. The scope does not include landscape, decorative paving, street lighting or irrigation design. Efforts are not included for tree mitigation. It is assumed that there are no contaminated sites in the work area. 9. B&W assumes construction duration of three (3) months and field inspections to be provided for approximately 10 weeks of the 3 month total construction period. B&W shall provide periodic inspections (total of up to 138 hours). CITY will provide an inspector to oversee construction periodically during the hours that B&W is not on the project site. 10. Contractor shall be responsible for preparing Record Drawings. 11. The Contractor shall be responsible to apply for the FDEP NDPES Notice of Intent. 12. The design is to be based on the federal, state and local codes and standards in effect at the beginning of the project. Revisions required for compliance with any subsequent changes to those regulations is considered an Additional Services Item not currently included in this Scope of Work. 13. CITY is responsible for all permitting fees, including costs of public notification in local newspapers. 14. Files provided by the City to-date: Two 18-0215_BBCRA .pdf files for dedication and abandonment of lots adjacent to the NE 3rd St ROW. City to process and record documents (in future). 3rd _Street_As-_built .pdf files for sewer and watermain on adjacent streets. Two Autocad files 18-0215_BBCRA_RW parcel and BBCRA_topo-Model with parcel boundaries and surveyed topography. Date of survey, horizontal control, and surveyor’s certification to be provided. Community Caring Center draft site plan in .pdf format D. Additional Services The following are examples of some specific Additional Services Items that may be required, but are not included within this Amendment. Generally, a condition contrary to the work description in Section B or assumptions of Section C (upon which the Contract fee is based) is considered an Additional Services Item. Examples include: 1. Additional supervision or construction observation in excess of that specified in this Contract. 2. Assisting the CITY in the settlement of construction contract claims will be an additional service. Page 86 of 940 NE 3rd St ROADWAY & UTILITY IMPROVEMENTS 9 These and other services can be provided, if desired by the CITY, under separate Contract(s) or by an amendment to this Contract. Services performed will be on an as-directed basis in accordance with a written Notice to Proceed from the CITY. E. Compensation Compensation by the CITY to B&W for all tasks will be on a Not-to-Exceed (time utilized) basis in accordance with the above mentioned Agreement. The estimated compensation for the services described in this Contract is $80,850.00 as shown in Table 1 below and detailed in Attachment 1. TABLE 1: LABOR AND EXPENSE SUMMARY Total Cost Task 1 – Data Collection $1,065.00 Task 2 – Design $28,254.00 Task 3 – Permitting $4,508.00 Task 4 – Bidding Services $3,780.00 Task 5 – Construction Administration Services $8,034.00 Task 6 – Periodic Construction Inspections $14,269.00 Geotechnical Subconsultant (incl markup) $4,400.00 Electrical Engineering Subconsultant (incl markup) $14,940.00 Reimbursables $1,600.00 Totals $80,850.00 F. Schedule The completion dates for this work is shown in Attachment 2. Page 87 of 940 Senior Engineering Construction Construction Sub- Principal Engineer Engineer Technician Manager Inspector Clerical Total Consultant Task No. Task Description $175.78 $139.59 $113.74 $103.40 $129.25 $103.40 $72.38 Labor Services 1 Data Collection 1.1 Utility Coordination 4 2 $661.76 1.2 Subsurface Investigations (Soil Borings, Perc Test) 1 2 $403.26 $4,000.00 Subtotal Task 1 1 0 6 2 0 0 0 $1,065.02 $4,000.00 2 Design 2.1 Preliminary Design (30%) 8 25 15 25 $9,187.09 2.2a 60% Drawings & Specifications 5 10 40 34 8 $10,919.04 2.2b 100% Drawings & Specifications 5 10 10 8 $3,629.34 2.3 Construction Cost Opinion (30%, 60%, 100%) 4 6 6 $1,861.20 2.4 Design Review Meetings (30%, 60%) 8 8 $2,316.16 Electrical Subconsultant - EDA 3 $341.22 10,268.00$ Subtotal Task 2 26 39 82 75 0 0 16 $28,254.05 10,268.00$ 3 Permitting 3.1 Boynton Utilities/PBCHD Water Main Permit 2 4 2 $951.28 3.2 Boynton Utilities/PBCHD Gravity Sewer Permit 2 4 2 $951.28 3.3 SFWMD ERP 6 2 2 $1,426.92 3.4 Boynton Beach ROW 2 6 2 $1,178.76 Electrical Subconsultant - EDA $0.00 $547.00 Subtotal Task 3 12 0 16 0 0 0 8 $4,508.24 $547.00 4 Bidding Assistance 4.1 Attend Pre-bid Conference 2 $351.56 4.2 Bid Clarifications 4 4 $1,158.08 4.3 Attend Bid Opening, Bid Tabulation, Recomm of Award 3 2 5 $1,401.07 4.4 Conformed Bid Documents 4 4 $868.56 Electrical Subconsultant - EDA $0.00 $547.00 Subtotal Task 4 9 0 10 4 5 0 0 $3,779.27 $547.00 5 Construction Administration Services 5.1 Preconstruction Conference 2 2 $610.06 5.2 Submittal Review 10 $1,292.50 5.3 Pay Estimate/Schedule Review 8 $1,034.00 5.4 Construction Clarifications 12 $1,551.00 5.5 Review Change Orders 3 $387.75 5.6 Progress Meetings (est 2 monthly mtgs)6 $775.50 5.7 Certification of Construction Completion/Permits 4 8 $1,737.12 5.8 Substantial and Final Inspections 4 $517.00 Electrical Subconsultant - EDA 1 $129.25 $2,220.00 Subtotal Task 5 6 0005400$8,034.18 $2,220.00 6 Construction Inspections 6.1 Part-time RPR (6 wks @ 20hrs/wk avg WM, San, Storm constr +138 $14,269.20 3 hrs per 1trip/wk x 4 wks paving + 6 hrs Subst, Final insp) Subtotal Task 6 (NTE) 0 0 0 0 0 138 0 $14,269.20 $0.00 Labor Subtotal Hours 54 39 114 81 59 138 24 $17,582.00 Labor Subtotal $9,492.12 $5,444.01 $12,966.36 $8,375.40 $7,625.75 $14,269.20 $1,737.12 $59,909.96 Labor Total Costs $59,910.00 Subconsultants Costs 17,582.00 Markup on Subconsultant 1.10 Subconsultants Total Cost 19,340.20 Reimbursables 1,600.00 Project Total 80,850.00 Labor Classification and Hourly Rates ATTACHMENT 1 Budget Summary for Baxter & Woodman, Inc. (7/16/19) NE 3rd Street Design, Permitting & CMS Baxter Woodman, Inc.Page 88 of 940 Jul AugSep OctNov Dec Jan Feb MarAprMayJun Jul AugSep OctNovNTPKick-off MeetingUtility Coordination (30 days)Soil Borings (30 days)Preliminary Design30% Design (55 days)City Review (14 days)Final Design60% (70 days)City Review (21 days)100% (21 days)City Review (7 days)Permitting (45 days)Bidding and Award (60 days)Construction (90 days)ProjectATTACHMENT 22019 2020NE 3rd Street Roadway & WM Improvements - Project Schedule Page 89 of 940 5.C. C ONS E NT A GE ND A 10/15/2019 CIT Y OF BOY NTON BEACH AG ENDA I TEM REQUEST F ORM C O MMIS S IO N ME E T IN G D ATE: 10/15/2019 R E Q U E S TE D AC T IO N B Y C O MMIS S IO N: P R O P O S E D R E S O LU IO N N O. R19-110- Authorize the Mayor to sign all documents associated with the acceptance and grant agreement for the J ustice Assistance Grant (J A G) subject to the approval of the City Attorney. E X P LAN ATIO N O F R E Q U E S T: The U.S. Department of J ustice, Office of J ustice Programs, has awarded the Police Department a J ustice Assistance Grant (J A G) for the 2019-2020 funding cycle in the amount of $34,740. Approval of this award will allow the funds to support our continued efforts in engaging with our community. H O W W IL L T H IS AFF E C T C IT Y P R O G R AMS O R S E RV IC E S? The agency and the community will benefit greatly from the purchase of web based tip management software that is designed specifically for law enforcement to communicate, share, and act upon actionable criminal intelligence provided by community members. FIS C AL IMPAC T: Non-budgeted By accepting this award, the police department will receive $34,740 to improve our operations and better serve the community. J A G awards previously accepted: FY17/18 $30,300 FY 16/17 $29,488 FY 15/16 $34,747 ALT E R N ATIV E S: Do not accept the award. S TR ATE G IC P LAN: S TR ATE G IC P LAN AP P LIC AT IO N: C L IMAT E AC T IO N: No C L IMAT E AC T IO N D IS C U S S IO N: Is this a grant? Yes Page 90 of 940 Grant Amount: 34,740. AT TAC H ME N TS: Type Description Resolution Resolution authorizing acceptance of J A G Grant Letter Award Notification Letter Page 91 of 940 C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\C578B6B9-4EFD-4263-8FDD-34FAB66EDD79\Boynton Beach.18640.1.DOJ_JAG_Grant_2019_-_Reso.docx RESOLUTION NO. R19- 1 2 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 3 FLORIDA, AUTHORIZING THE MAYOR TO ACCEPT 4 THE DEPARTMENT OF JUSTICE FISCAL YEAR 2019 5 JUSTICE ASSISTANCE GRANT (JAG) (2019-DJ-BX-6 0808) IN THE AMOUNT OF $34,740.00 AND TO SIGN 7 ANY REQUIRED DOCUMENTS ASSOCIATED WITH 8 THE GRANT ACCEPTANCE, SUBJECT TO APPROVAL 9 BY THE CITY ATTORNEY; AND PROVIDING AN 10 EFFECTIVE DATE. 11 12 13 WHEREAS, the City of Boynton Beach Police Department has been awarded 14 $34,740.00 in grant funding for the Department of Justice fiscal year 2019 Justice Assistance 15 Grant (JAG) (2019-DJ-BX-0808); and 16 WHEREAS, the grant funding will be used to purchase software to collect and analyze 17 information to reduce crime; and 18 WHEREAS, upon recommendation of staff, the City Commission has determined that 19 it is in the best interests of the residents of the City to authorize the Mayor to sign all documents 20 associated with acceptance of the Department of Justice fiscal year 2019 Justice Assistance 21 Grant (JAG) (2019-DJ-BX-0808) in the amount of $34,740.00 for the purchase of software to 22 collect and analyze information to reduce crime. 23 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 24 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 25 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 26 being true and correct and are hereby made a specific part of this Resolution upon adoption 27 hereof. 28 Section 2. The City Commission of the City of Boynton Beach, Florida does hereby 29 authorize the Mayor accept and to sign all documents associated with the Department of Justice 30 Page 92 of 940 C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\C578B6B9-4EFD-4263-8FDD-34FAB66EDD79\Boynton Beach.18640.1.DOJ_JAG_Grant_2019_-_Reso.docx fiscal year 2018 Justice Assistance Grant (JAG) (2019-DJ-BX-0808) in the amount of 31 $34,740.00 for the purchase of software to collect and analyze information to reduce crime, a 32 copy of which is attached hereto as Exhibit “A”. 33 Section 3. This Resolution shall become effective immediately upon passage. 34 PASSED AND ADOPTED this _____ day of ___________, 2019. 35 CITY OF BOYNTON BEACH, FLORIDA 36 37 YES NO 38 39 Mayor – Steven B. Grant _____ _____ 40 41 Vice Mayor – Justin Katz _____ _____ 42 43 Commissioner – Mack McCray _____ _____ 44 45 Commissioner – Christina L. Romelus _____ _____ 46 47 Commissioner – Ty Penserga _____ _____ 48 49 50 VOTE ______ 51 52 ATTEST: 53 54 55 _____________________________ 56 Crystal Gibson, MMC 57 City Clerk 58 59 60 61 (Corporate Seal) 62 63 64 Page 93 of 940 Page 94 of 940 Page 95 of 940 5.D. C ONS E NT A GE ND A 10/15/2019 CIT Y OF BOY NTON BEACH AG ENDA I TEM REQUEST F ORM C O MMIS S IO N ME E T IN G D ATE: 10/15/2019 R E Q U E S TE D AC T IO N B Y C O MMIS S IO N: P R O P O S E D R E S O LU TIO N N O. R19-111 - Authorize the City Manager to sign all documents associated with the acceptance and grant agreement for the Florida Department of Transportation (FD OT) Occupant Protection and Child Passenger Safety grant subject to the approval of the City Attorney. E X P LAN ATIO N O F R E Q U E S T: The Florida Department of Transportation (FD OT) State Safety Office has selected the City of Boynton Beach to receive $10,000 in subgrant funding for the 2019-20 funding cycle under the occupant protection and child passenger safety focus area. The funding is allocated for the payment of officer overtime to conduct enforcement operations in high frequency traffic crash and fatality locations. Enforcement of Florida's safety belt and child restraint laws will be accompanied with an educational opportunity to provide occupant protection information to the public. H O W W IL L T H IS AFF E C T C IT Y P R O G R AMS O R S E RV IC E S? W ith the rapid growth and expansion of Boynton Beach, there c omes a need for the polic e department to reduce occ upant protection related traffic crash injuries and fatalities through preventive seat belt enforcement and education campaigns. The Boy nton Beac h Polic e D epartment will review c rash data to determine high frequency locations and conduct enforcement operations to raise awareness on the importanc e of adhering to occupant protection and child passenger safety laws. FIS C AL IMPAC T: Non-budgeted There is no fiscal impact. ALT E R N ATIV E S: Do not accept the grant award. S TR ATE G IC P LAN: S TR ATE G IC P LAN AP P LIC AT IO N: C L IMAT E AC T IO N: No C L IMAT E AC T IO N D IS C U S S IO N: Is this a grant? Yes Grant Amount: 10,000 Page 96 of 940 AT TAC H ME N TS: Type Description Resolution Resolution authorizinging Acceptance of F D OT Grant Page 97 of 940 C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\C87A14C8-A3B2-491A-871C-2714C0A1ED6E\Boynton Beach.18641.1.FDOT_Grant_Child_Passenger_Safety_Program_(2019)_-_Reso.docx RESOLUTION NO. R19- 1 2 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 3 FLORIDA, AUTHORIZING THE CITY MANAGER TO 4 SIGN ALL DOCUMENTS ASSOCIATED WITH THE 5 FLORIDA DEPARTMENT OF TRANSPORTATION 6 (FDOT) GRANT IN THE AMOUNT OF $10,000.00 FOR 7 THE BOYNTON BEACH OCCUPANT PROTECTION 8 AND CHILD PASSENGER SAFETY PROGRAM; AND 9 PROVIDING AN EFFECTIVE DATE. 10 11 12 WHEREAS, the Florida Department of Transportation (FDOT) State Safety Office has 13 selected the City of Boynton Beach to receive $10,000.00 in subgrant funding for the 2019-20 14 funding cycle under the occupant protection and child passenger safety focus area; and 15 WHEREAS, the funding is allocated for the payment of officer overtime to conduct 16 “zero tolerance” enforcement operations in high frequency traffic crash and fatality locations; 17 and 18 WHEREAS, upon recommendation of staff, the City Commission has determined that 19 it is in the best interests of the residents of the City to authorize the City Manager to sign all 20 documents associated with the Florida Department of Transportation (FDOT) grant in the 21 amount of $10,000.00 for the Boynton Beach Occupant Protection and Child Passenger Safety 22 Program. 23 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 24 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 25 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 26 being true and correct and are hereby made a specific part of this Resolution upon adoption 27 hereof. 28 Section 2. The City Commission of the City of Boynton Beach, Florida does hereby 29 Page 98 of 940 C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\C87A14C8-A3B2-491A-871C-2714C0A1ED6E\Boynton Beach.18641.1.FDOT_Grant_Child_Passenger_Safety_Program_(2019)_-_Reso.docx authorize the City Manager to sign all documents associated with the Florida Department of 30 Transportation (FDOT) grant in the amount of $10,000.00 for the Boynton Beach Occupant 31 Protection and Child Passenger Safety program, a copy of which is attached hereto as Exhibit 32 “A”. 33 Section 3. This Resolution shall become effective immediately upon passage. 34 PASSED AND ADOPTED this _____ day of ___________, 2019. 35 CITY OF BOYNTON BEACH, FLORIDA 36 37 YES NO 38 39 Mayor – Steven B. Grant _____ _____ 40 41 Vice Mayor – Justin Katz _____ _____ 42 43 Commissioner – Mack McCray _____ _____ 44 45 Commissioner – Christina L. Romelus _____ _____ 46 47 Commissioner – Ty Penserga _____ _____ 48 49 50 VOTE ______ 51 52 ATTEST: 53 54 55 _____________________________ 56 Crystal Gibson, MMC 57 City Clerk 58 59 60 61 (Corporate Seal) 62 63 64 Page 99 of 940 5.E. C ONS E NT A GE ND A 10/15/2019 CIT Y OF BOY NTON BEACH AG ENDA I TEM REQUEST F ORM C O MMIS S IO N ME E T IN G D ATE: 10/15/2019 R E Q U E S TE D AC T IO N B Y C O MMIS S IO N: Approve the purchase of additional license, training and development services from Transcendent for the expansion of the Utility’s asset management system to incorporate wastewater Lift Stations, Raw W ater W ells and the District Energy Plant. The cost of the additional license and training on the existing software is $22,250. The total for license renewal and additional license is $52,970. E X P LAN ATIO N O F R E Q U E S T: The U lity implemented a comprehensive asset management system 2 years ago during the East Water Treatment P lant expansion and modificaons. The Commission on A pril 18, 2017, approved the implementaon of the Transcendent (asset management) so(ware. This approved Task Order with Carollo Engineers Inc., (Task Order U - 2C-05) was primarily for the management of assets at the ulity ’s water treatment plants. S taff has ulized this so(ware to opmize the W TP ’s assets lifespan. It is used to document operator rounds, plan and schedule prevenve maintenance, rehabilitaon and replacement planning. The so(ware generates and tracks staff ’s work order and assists with management of resource. It serves as a central database for each asset. The Transcendent S o(ware implementaon has been successful and the U lity is ready to expand the use of this so(ware to include assets associated with the Ulity ’s 168 Li( S taons, 30 Raw Water producon wells, and the new District Energy P lant. Transcendent will provide project management services, training, and configuraon of the system templates for these addion assets. H O W W IL L T H IS AFF E C T C IT Y P R O G R AMS O R S E RV IC E S? The U lity forecasts operaon costs throughout a 50+ year planning horizon. This so(ware allows staff to maximize the useful life of the asset. It allows staff to maintain the asset in good condion and to predict when replacement so that funding is available when needed. The asset management system not only helps manage the planned maintenance schedules, but also retains valuable informaon on asset condion, maintenance history and potenal ming of replacement cost. Transcendent so(ware system enables your Ulity to connue to operate at a high level of efficiency at opmal cost. FIS C AL IMPAC T: Non-budgeted The total cost is $52,970 of which $30,720 is ongoing annual licensing with and additional $22,250 to cover costs for the implementation of assets, described above, into the software Funds are available in account 401-2821-536-31.90 and 401-2821-536-64.14 ALT E R N ATIV E S: Tracking of assets condition and maintenance activities for the wastewater lift stations and water production wells would remain on paper and in spreadsheets, which would hinder our ability to run comprehensive reports for budgetary planning activities. This will also hinder the utility from taking advantage of tracking the new equipment at the District Energy Plant from first use. S TR ATE G IC P LAN: S TR ATE G IC P LAN AP P LIC AT IO N: Page 100 of 940 C L IMAT E AC T IO N: No C L IMAT E AC T IO N D IS C U S S IO N: Is this a grant? No Grant Amount: AT TAC H ME N TS: Type Description Addendum Transcendent proposal Addendum Sole Source Letter - Transcendent Page 101 of 940 Date:19-Sep-19 Salesrep:Rich Christopher B City of Boynton Beach S City of Boynton Beach I ATTN: Michael Low H ATTN: Michael Low L 124 E. Woolbright Rd.I 124 E. Woolbright Rd. L Boynton Beach, FL. 33435 P Boynton Beach, FL. 33435 T 561-742-6403 T 561-742-6403 O lowm@bbfl.us O lowm@bbfl.us Unit Unit/Extended Price Meas.Price TRASUBSITE Transcendent Site Subscription $1,400.00 YR.1 $1,400.00 TRASUBADDSITE Transcendent Site Subscription $140.00 YR.198 $27,720.00 TRASUBUSER Transcendent Device Subscription 300.00 YR.10 3,000.00$ 30,720.00$ Transcendent Imp./Proj. Mgmt. Services 5,000.00 EA.1 $5,000.00 TRAENTCONFIG Transcendent Enterprise Configuration 125.00 EA.80 $10,000.00 TRAEXP Transcendent Ent. Config. Expenses 2,000.00 EA.1 $2,000.00 Transcendent On-Site Training 750.00 DAY 5 $3,750.00 TRAEXP 1,500.00 EA.1 $1,500.00 Estimated costs - (actual will be billed) 22,250.00$ Taxable Subtotal 52,970.00$ Freight Total $52,970.00 Customer Acceptance: Purchase Order# 168 Lift Stations 30 Well Fields Maximum of 100 Assets per site Transcendent Proposal - Phase 2 Item #Description Qty Software - Annual Cost Terms: These prices and terms are valid for thirty days. Annual Recurring Total (ESTIMATED) One Time Cost - Training and Expenses TRAPROMGT TRAINSTALL Implementation & Training- One Time Cost Estimated Training Expenses 333 Douglas Road E. Oldsmar, Florida 34677 Page 102 of 940 Page 103 of 940 5.F. C ONS E NT A GE ND A 10/15/2019 CIT Y OF BOY NTON BEACH AG ENDA I TEM REQUEST F ORM C O MMIS S IO N ME E T IN G D ATE: 10/15/2019 R E Q U E S TE D AC T IO N B Y C O MMIS S IO N: Approve Task Order UT-3D-02 with Baxter & Woodman, I nc. D B A Mathews Consulting, A Baxter & Woodman Company, in the amount of $80,850.00 in accordance with RFQ No. 046-2821-17/TP, General Consulting Services Contract, Scope Category D awarded by City Commission on August 7, 2018 to extend NE 3rd Street from NE 9th Avenue to Martin Luther King J r. Blvd. (NE 10th Avenue). E X P LAN ATIO N O F R E Q U E S T: The C RA has requested assistance from Public W orks – Engineering Staff to manage the bidding, design, permitting and construction of the extension of NE 3rd Street from NE 9th Avenue to Martin Luther King J r. Blvd. (NE 10th Avenue). This project lies within the boundaries of the C RA Area and is in furtherance of the C RA’s goals to improve the quality, aesthetics, function and redevelopment viability of E. Martin Luther King J r. Boulevard Corridor for the businesses and residents of the Heart of Boynton District. H O W W IL L T H IS AFF E C T C IT Y P R O G R AMS O R S E RV IC E S? The Public Works – Engineering Department will provide oversight of the project on behalf of the C RA. FIS C AL IMPAC T: The C RA will reimburse the City for all costs incurred as part of this project. An inter- local agreement is being requested for approval on the 10/15/19 City Commission agenda. ALT E R N ATIV E S: None. S TR ATE G IC P LAN: S TR ATE G IC P LAN AP P LIC AT IO N: C L IMAT E AC T IO N: C L IMAT E AC T IO N D IS C U S S IO N: Is this a grant? Grant Amount: Page 104 of 940 AT TAC H ME N TS: Type Description Attachment Attachment 1 - B W Agreement Attachment Attachment 2 - Baxter Woodman Proposal Page 105 of 940 GENERAL CONSULTING SERVICES AGREEMENT THIS AGREEMENT' is entered into between the City of Boynton Beach, hereinafter referred to as "the CITY", and BAXTER & WOODMAN, INC. DBA MATHEWS CONSULTING, A BAXTER & WOODMAN COMPANY, 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. 046-2821-17/TP; and WHEREAS, the City Commission designated CONSULTANT as one of several qualified consulting firms to provide General Consulting services to the CITY; and NOW, THEREFORE, in consideration of the mutual covenants expressed herein, the parties agree as follows: ARTICLE 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 X 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. The term"Agreement"has the same meaning as the term"contract". Boynton Beach Utilities-General Consulting Services C-1V.5 CLEAN FINAL Page 106 of 940 1.2.2 The CONSULTANT is responsible for defects in its work and in the work of 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 Uponauthorization 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; Boynton Beach Utilities-General Consulting Services C-2 V.5 CLEAN FINAL Page 107 of 940 assist the CITY in matters relating to regulatory agency operations review or operating permit non-compliance; assist with startup and operator training for newly installed or modified equipment and processes, and in the preparation of operating, 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 Boynton Beach Utilities-General Consulting Services C-3V.5 CLEAN FINAL Page 108 of 940 previous estimates of probable Construction Costs indicated by changes in codes, administrative and jurisdictional requirements of general market conditions. 1.2.6.5 The CONSULTANT shall submit to the CITY for each project, 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 Boynton Beach Utilities-General Consulting Services C-4 V.5 CLEAN FINAL Page 109 of 940 proposals or negotiated proposals, and assist in preparing contracts for construction. 1.2.8.1 The CONSULTANT shall review and analyze the proposals received by the CITY and shall make a recommendation for any award based on the CITY'S Procurement Administrative Policy Manual. 1.2.8.2 Any Opinion of the Construction Cost prepared by CONSULTANT represents its judgment as a design professional and is supplied for the general guidance of the CITY. Since CONSULTANT has no control over market conditions, CONSULTANT does not guarantee the accuracy of such opinions as compared to contractor bids or actual cost to the CITY. If the project is not advertised for proposals within three(3) months after delivery of Final Design Plans, through no fault of the CONSULTANT or if either local market conditions or industry- wide prices have changed because of unusual or unanticipated events effecting the general level of prices or times of delivery in the construction industry, the established Construction Cost limit may be adjusted as determined by the CITY'S Representative and as approved by the CITY, if necessary. Additionally, if the CITY expands a project scope of work after the CONSULTANT renders the Final estimated probable Construction Cost of the Final Design Plans, the CONSULTANT shall not be responsible for any redesign without compensation which shall be mutually agreed to by the parties hereto. 1.2.8.3 The CONSULTANT shall provide the CITY with a list of recommended prospective bidders. 1.2.8.4 The CONSULTANT shall attend all pre-proposal/per-bid conferences. 1.2.8.5 The CONSULTANT shall recommend any addenda, through the CITY'S representative as appropriate, to clarify, correct, or change proposal documents. 1.2.8.6 If Pre-Qualification of bidders is required as set forth in the Request for Proposals or Invitation to Bid (two-step bid process), CONSULTANT shall assist the CITY, if requested in developing qualifications criteria, review qualifications and recommend acceptance or rejection of the bidders. 1.2.8.7 If requested, CONSULTANT shall evaluate proposals and bidders,and make recommendations regarding any award by the CITY. 1.2.9 The CITY shall make decision on all claims regarding interpretation of the Construction Documents, and on all other matters relating to the execution and progress of the Work after receiving a recommendation from the CONSULTANT. The CONSULTANT shall check schedules, shop drawings and other submissions for the limited purpose of checking conformance with the concept of the project, and for compliance with the information given by the Construction Documents. The CONSULTANT shall also review change orders prepared and submitted by Contractor and review and make recommendations to the City for progress payments to Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-5 Page 110 of 940 the Contractor based on each project schedule of values and the percentage of work completed. The CONSULTANT will neither have control over or charge of, nor be responsible for, the construction means, methods, techniques, sequences, or procedures, or for the safety 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 Boynton Beach Utilities-General Consulting Services C-6V.5 CLEAN FINAL Page 111 of 940 Work. Based on such observation and the Contractor's Application for Payment, the CONSULTANT shall determine the amount due to the Contractor and shall issue Certificates for Payment in such amount. These Certificates will constitute a representation to the CITY based on such 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 Boynton Beach Utilities-General Consulting Services C-7V.5 CLEAN FINAL Page 112 of 940 other submittals; 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-8V.5 CLEAN FINAL Page 113 of 940 Although CONSULTANT shall not be responsible for health or safety programs or precautions related to CITY"s activities or those of CITY's other contractors and consultants or their respective subcontractors and vendors ("Contractors"), CONSULTANT shall nonetheless report to the Resident Project Representative health and safety conditions or deficiencies observed by CONSULTANT'S employees or representatives. CONSULTANT shall not be responsible for CITY's pre-existing site conditions or the aggravation of those preexisting site conditions to the extent not caused by the negligence or willful misconduct of CONSULTANT. CONSULTANT shall not be responsible for inspecting, observing, or correcting health or safety conditions or deficiencies of CITY, Contractors or others at project site ("Project Site") other than for CONSULTANT's employees, subconsultants and vendors. 1.3 ADDITIONAL SERVICES 1.3.1 When additional services are necessary they shall be specified in the written Task Order. Examples of additional (not exclusive) services are: Preparation of applications and supporting documents for private or governmental grants, loans or advances in connection with any particular project. Services to make measured drawings of or to investigate existing conditions or facilities, or to verify the accuracy of drawings or other information furnished by or to the CITY. Services resulting from significant changes in the general scope,extent or character of any particular project or its design including but not limited to, changes in size, complexity, the CITY'S schedule, character of construction or method of financing, and revising previously accepted studies, reports, design documents or Construction Contract Documents when such revisions are required by changes to laws, rules, regulations, ordinances, codes or orders enacted subsequent to the preparation of such studies, reports or documents, or are due to any other causes beyond the CONSULTANT'S control. Providing renderings or models for the CITY'S use. Preparing documents for alternate Proposals requested by the CITY for work that is not executed for documents for out-of-sequence work. Investigations and studies involving but not limited to, detailed considerations of operations, maintenance and overhead expenses; providing value engineering during the course of design; the preparation of feasibility studies; cash flow and economic evaluations, rate schedules and appraisals; assistance in obtaining financing for a project; evaluating processes available for licensing and assisting the CITY in obtaining process licensing; detailed quantity surveys of material, equipment and labor, and audits or inventories required in connection with construction performed by the CITY. Assistance in connection with Proposal/proposal protests, re-bidding or re-negotiating contracts for construction, materials, equipment or services, unless the need for such assistance is reasonably determined by the CITY to be caused by the CONSULTANT (e.g. defective plans Boynton Beach Utilities-General Consulting Services C-9V.5 CLEAN FINAL Page 114 of 940 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. 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. 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 C-10 V.5 CLEAN FINAL Page 115 of 940 1.4 CITY'S RESPONSIBILITIES 1.4.1 The CITY shall do the following in a timely manner so as not to delay the services of the CONSULTANT: 1.4.1.1 Designate in writing a person or persons to act as the CITY'S representative with respect to the services to be rendered under this Agreement. Such person(s) shall have complete authority to transmit instructions and receive information with respect to the CONSULTANT'S services for a particular project. The CITY may have multiple CITY Representative(s)or project managers during the performance of this AGREEMENT based on the specific task orders/written task orders from each of the Scope Categories. 1.4.1.2 Provide all criteria and full information as to the CITY'S requirements for the Project, including design objectives and constraints, space, capacity and performance requirements, flexibility and expandability, and any budgetary limitations. 1.4.1.3 Assist the CONSULTANT by providing at the CONSULTANT'S request all available information pertinent to the Project including previous reports and any other data relative to design or construction of the project. 1.4.1.4 Furnish to the CONSULTANT, if required for the performance of CONSULTANT'S services (except where otherwise furnished by the CONSULTANT as Additional Services), the following: 1.4.1.5 Data prepared by, or services of others, including without limitations borings, probings and subsurface explorations, hydrographic surveys, laboratory tests and inspection of samples, materials and equipment; 1.4.1.6 Appropriate professional interpretations of all of the foregoing; 1.4.1.7 Environmental assessment and impact statements; 1.4.1.8 Property, boundary, easement, right-of-way, topographic and utility surveys; 1.4.1.9 Property descriptions; 1.4.1.10 Zoning, deed and other land use restrictions; 1.4.1.11 Approval and permits required in the CITY'S jurisdiction and those from outside agencies unless such approvals and permits are the responsibility of the CONSULTANT; and 1.4.1.12 Arrange for access to make all provisions for the CONSULTANT to enter upon the CITY'S property as required for the CONSULTANT to perform services under this Agreement. 1.4.1.13 Consistent with the professional standard of care and unless otherwise specifically provided herein, CONSULTANT shall be entitled to rely upon the accuracy of data and information provided by the CITY or others without independent review or evaluation. Boynton Beach Utilities-General Consulting Services C-11V.5 CLEAN FINAL Page 116 of 940 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. 1.5.4 When the CITY issues task orders to the CONSULTANT, each authorization shall contain a stated completion schedule. If caused by the negligent errors or omissions of CONSULTANT,failure of the CONSULTANT to meet the stated schedule shall constitute a default for which payment for services may be withheld until default is cured. Time extensions will be reviewed upon request for extenuating circumstances. 1.5.5 It is anticipated and intended that the CONSULTANT will be authorized to begin new task orders on a "rolling" basis, as some already assigned task orders near timely completion. If a subsequent Task Order is issued to the CONSULTANT before it has completed the current task order, the completion date for each Task Order will remain independent of each other so that the CONSULTANT will prioritize the uncompleted Task Order from the first Task Order and finish as soon as practical. Failure to complete the `older" task orders in a timely manner, may adversely impact upon continued early authorization to start a subsequent work. 1.5.6 When the CONSULTANT has exceeded the stated completion date including any extension for extenuating circumstances which may have been granted, a written notice of Default will be issued within seven (7) days of the date that the default became active with a requirement of seven 7) days to cure said default, to the CONSULTANT and payment for services rendered shall be withheld until such time that the CITY has determined that default has been cured. 1.5.7 Should the CONSULTANT exceed the assigned completion time,the CITY reserves the right not to issue to the CONSULTANT any further task orders until such time as it is no longer in default, and the CONSULTANT has demonstrated to the CITY'S satisfaction, the reasons for tardy completion Boynton Beach Utilities-General Consulting Services C-12V.5 CLEAN FINAL Page 117 of 940 have been addressed and are not likely to be repeated in subsequent task orders. This restricted issuance provision may result in the CONSULTANT not being issued all of the planned work the CITY anticipated in this Agreement. The CONSULTANT shall have no right to the balance of any work, or to any compensation associated with these non-issued task orders due to the CONSULTANT being rendered in default. 1.5.8 Should the CONSULTANT remain in default for a period of fifteen (15) consecutive calendar days beyond the time frame provided in Paragraph 1.5.6 the CITY may at its sole option retain another CONSULTANT to perform any work arising out of this Agreement and/or terminate this Agreement. 1.6 DEFINITION OF DEFAULT 1.6.1. An event of default shall mean a material breach of this Agreement . Without limiting the generality of the foregoing and in addition to those instances referred to as a material breach, an event of default shall include the following: CONSULTANT has not performed services on a timely basis due to CONSULTANT'S negligent errors or omissions; CONSULTANT has refused or failed to supply enough properly skilled personnel; CONSULTANT has failed to make prompt payments to SUB- CONSULTANTS or suppliers for any services after receiving payment from the CITY for such services or supplies; CONSULTANT has failed to obtain the approval of the CITY where required by this Agreement; CONSULTANT has refused or failed to provide the services as defined in this Agreement; CONSULTANT has filed bankruptcy or any other such insolvency proceeding and the same is not discharged within ninety (90) days of such date. CITY has failed to make payments to CONSULTANT in accordance with the requirements of this Agreement 1.6.2 In the event of Default, the CONSULTANT shall be liable for all damages resulting from the Default including: The difference between the amount that has been paid to the CONSULTANT and the amount required to complete the CONSULTANT'S work, provided the fees by the firm replacing the CONSULTANT are reasonable and the hourly rates do not exceed the CONSULTANT'S rates. This amount shall also include procurement and administrative costs incurred by the CITY. In the event of default by the City, CONSULTANT may suspend the Work pending receipt of such payment. Boynton Beach Utilities-General Consulting Services C-13V.5 CLEAN FINAL Page 118 of 940 1.6.3. The CITY may take advantage of each and every remedy specifically existing at law or in equity. Each and every remedy shall be in addition to every other remedy given or otherwise existing, and may be exercised from time to time and as often and in such order as may be deemed expedient by the CITY. The exercise or the beginning of the exercise of one remedy shall not be deemed to be a waiver of the right to exercise any other remedy. The CITY'S rights and remedies as set forth in this Agreement are not exclusive and are in addition to any other rights and remedies available to the CITY in law or in equity. ARTICLE 2 -TERM 2.1 The initial Contract period shall be for an initial two (2) years, commencing at the execution of the contract, and the City reserves the right to unilaterally renew the contract for three (3) additional one (1) year periods under the same terms, conditions. The CONSULTANT understands and acknowledges that the Services to be performed during the two (2) year term will be governed by this Agreement, and that there is no guarantee of future work being given to the CONSULTANT. 2.2 In the event that services are scheduled to end either by contract expiration or by termination by the CITY (at the CITY'S discretion), the CONSULTANT shall continue the services, if requested by the CITY, or until task or tasks is/are completed. At no time shall this transitional period extend more than one-hundred and eighty(180)calendar days beyond the expiration date of the existing contract. The CONSULTANT will be reimbursed for this service at the rate in effect when this transitional period clause was invoked by the CITY. ARTICLE 3 -TIME OF PERFORMANCE 3.1 Work under this Contract shall commence upon the giving of written notice by the CITY to the CONSULTANT by way of an executed task order and resultant task order. CONSULTANT shall perform all services and provide all work product required pursuant to this Contract and the specific task order by the Sequence of Events, or unless an extension of time is granted in writing by the CITY. ARTICLE 4- PAYMENT 4.1 The CONSULTANT shall be paid by the CITY for completed work and for services rendered under this agreement as follows: Payment for the work provided by CONSULTANT shall be made in accordance with the Fee Schedule as provided in Exhibit "A" attached hereto. Payment as provided in this Section shall be full compensation for work performed,services rendered and for all materials,supplies,equipment and incidentals necessary to complete the work. Compensation for sub-CONSULTANTS will be negotiated based on each task order. Compensation will be through a direct mark-up in Boynton Beach Utilities-General Consulting Services C-14V.5 CLEAN FINAL Page 119 of 940 accordance with the Schedule of Professional Fees attached hereto. Sub-consulting services shall be approved by the CITY'S representative prior to performance of the sub-consulting work. Consulting time for processing and management of the sub- CONSULTANT shall not be included in direct costs as the direct mark- up is applied for management efforts. The CONSULTANT may submit vouchers to the CITY once per month during the progress of the Work for partial payment for project completed to date. Such vouchers will be verified by the CITY, and upon approval thereof, payment will be made to the CONSULTANT in the amount approved. In certain cases where incremental billing for partially completed Work is permitted by the CITY'S representative, the total incremental billings shall not exceed the percentage of estimated completion of identifiable deliverables or accepted deliverables as of the billing date. Computation of Time Charges/Not-to-Exceed Method of Payment: When a service is to be compensated based on time charge/not-to- exceed method, the CONSULTANT shall submit a not-to-exceed proposal to the CITY'S representative for prior approval based on estimated labor hours and hourly rates which shall not exceed the established hourly rates as per the Schedule of Professional Fees attached hereto, plus sub-CONSULTANT services and other related costs supporting the proposed work. The CITY shall not be obligated to reimburse the CONSULTANT for costs incurred in excess of the total not-to-exceed cost amount. Final payment of any balance due the CONSULTANT of the total contract price earned will be made promptly upon its ascertainment and verification by the CITY after the completion of the Work under this Agreement and its acceptance by the CITY, which shall occur no later than 30 days following receipt of the invoice. Final Invoice: In order for both parties herein to close their books and records, the CONSULTANT will clearly state "final invoice" on the CONSULTANT'S final/last billing to the CITY. The final invoice certifies that all services have been properly performed and all charges and costs have been invoiced to the CITY. Since this account will thereupon be closed, and any other further charges if not properly included on this invoice are considered waived by the CONSULTANT. The cost of all services as stated herein shall remain fixed and firm for the initial two (2) year period of the contract. Costs for subsequent years and any extension terms shall be subject to an adjustment only if increases incur in the industry. However, unless very unusual and significant changes have occurred in the industry, such increases shall not exceed 5% per year, or whichever is less, the latest yearly percentage increase in the All Urban Consumers Price Index (CPI-U) National) as published by the Bureau of Labor Statistics, U.S. Boynton Beach Utilities-General Consulting Services C-15V.5 CLEAN FINAL Page 120 of 940 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 engineering and related services equal to the standard of care for engineering professional practicing under similar conditions. In submitting its response to the Boynton Beach Utilities-General Consulting Services C-16V.5 CLEAN FINAL Page 121 of 940 RFQ, CONSULTANT has represented to CITY that certain individuals employed by CONSULTANT shall provide services to CITY pursuant to this Contract. CITY has relied upon such representations. Therefore, CONSULTANT shall not change the designated Project Manager for any project without the advance written approval of the CITY, which consent shall not be unreasonably withheld. ARTICLE 8 -COMPLIANCE WITH LAWS 8.1 CONSULTANT shall, in performing the services contemplated by this service Contract, faithfully observe and comply with all federal, state and local laws, ordinances and regulations that are applicable to the services to be rendered under this Contract,shall review and comply with laws, regulations,codes and standards in effect as of the date of this agreement that are applicable to CONSULTANT'S services and shall exercise professional care and judgment to comply with requirements imposed by governmental authorities having jurisdiction over the project. Should changes in any law, ordinance, or regulation result in increased costs or delays to services rendered, both parties agree to an equitable adjustment to schedules and prices. ARTICLE 9 - INDEMNIFICATION 9.1 Subject to the limiting provisions of Florida Statute 725.08, CONSULTANT shall indemnify, and hold harmless the CITY, its offices, agents and employees, from and against any and all losses, or any portion thereof, including reasonable attorneys'fees and costs, arising from injury or death to persons, including injuries, sickness, disease or death to CONSULTANT'S own employees, or damage to property to the extent caused by negligence, recklessness, or intentionally wrongful conduct of CONSULTANT or other persons employed or utilized by CONSULTANT in performance of CONSULTANT'S duties. Neither party to this Contract shall be liable for any special, incidental, indirect or consequential damages of any kind, including but not limited to lost profits or use that my result from this Contract or out of the services or goods furnished hereunder. 9.2 To the greatest extent permitted pursuant to Section 725.06, Florida Statutes, CONSULTANT's indemnification obligation (when providing services to CITY) shall not exceed the value of CONSULTANT's total compensation. Such obligation shall not be construed to negate, abridge or otherwise reduce other rights or obligations of indemnity which would otherwise exist as to a party or person described in this Article. PURSUANT TO FLORIDA STATUTE, NO INDIVIDUAL DESIGN PROFESSIONAL EMPLOYED BY OR ACTING AS AN AGENT OF CONSULTANT MAY BE HELD INDIVIDUALLY LIABLE FOR DAMAGES RESULTING FROM THE NEGLIGENCE OCCURRING WITHIN THE COURSE AND SCOPE OF THIS PROFESSIONAL SERVICES AGREEMENT Boynton Beach Utilities-General Consulting Services C-17V.5 CLEAN FINAL Page 122 of 940 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. This policy shall provide coverage for death, personal injury or property damage that could arise directly or indirectly from CONSULTANT'S negligent performance of this Agreement. CONTRACTOR shall maintain a minimum coverage of 1,000,000 per occurrence and $1,000,000 aggregate for personal injury/ and $1,000.000 per occurrence/aggregate for property damage. The general liability insurance shall include the CITY as an additional insured and shall include a provision prohibiting cancellation of the policy upon thirty (30)days prior written notice to the CITY, except for cancellation due to non-payment of premium. 10.1.3 Business Automobile Liability: The CONSULTANT shall procure and maintain, for the life of this Contract, Business Automobile Liability Insurance. The CONSULTANT shall maintain a $1,000,000 combined single limit for bodily injury and property damage liability to protect the CONSULTANT from claims for damage for bodily and personal injury, including death, as well as from claims for property damage, which may arise from the ownership, use of maintenance of owned and non-owned automobile, included rented automobiles, whether such operations be by the CONSULTANT or by anyone directly or indirectly employed by the CONSULTANT. 10.1.4 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 C-18V.5 CLEAN FINAL Page 123 of 940 10.2 It shall be the responsibility of the CONSULTANT to ensure that all sub- CONSULTANTS comply with the same insurance requirements referenced above. 10.3 In the judgment of the CITY, prevailing conditions warrant the provision by the CONSULTANT of additional liability insurance coverage or coverage which is different in kind, the CITY reserves the right to require the provision by CONSULTANT of an amount of coverage different from the amounts or kind previously required and shall afford written notice of such change in requirements thirty (30) days prior to the date on which the requirements shall take effect. Should the CONSULTANT fail or refuse to satisfy the requirement of changed coverage within the thirty (30) days following the CITY'S written notice, the CITY, at its sole option, may terminate the Contract upon written notice to the CONSULTANT, said termination taking effect on the date that the required change in policy coverage would otherwise take effect. 10.4 CONSULTANT shall, for a period of two (2) years following the termination of the Agreement, maintain a "tail coverage" in an amount equal to that described above if coverage is not otherwise renewed for Comprehensive Liability Insurance on a claims-made policy only. ARTICLE 11 -INDEPENDENT CONTRACTOR 11.1 The CONSULTANT and the CITY agree that the CONSULTANT is an independent CONSULTANT with respect to the services provided pursuant to this Contract. Nothing in this Contract shall be considered to create the relationship of employer and employee between the parties hereto. Neither CONSULTANT nor any employee of CONSULTANT shall be entitled to any benefits accorded CITY employees by virtue of the services provided under this Contract. The CITY shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to CONSULTANT, or any employee of CONSULTANT. 11.2 CONSULTANT acknowledges and understands that, as an independent CONSULTANT pursuant to this Agreement, CONSULTANT shall comply with Chapter 119, Florida Statutes, as amended (Public Records). CONSULTANT'S obligation includes, but is not limited to CONSULTANT'S obligation to preserve public records and make public records available to third parties in addition to the CITY. ARTICLE 12 -COVENANT AGAINST CONTINGENT FEES 12.1 The CONSULTANT warrants that he has not employed or retained any company or person, other than a bonafide employee working solely for the CONSULTANT, to solicit or secure this Contract, and that he has not paid or agreed to pay any company or person, other than a bonafide employee working solely for the CONSULTANT, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from 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.5 CLEAN FINAL Page 124 of 940 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 C-20V.5 CLEAN FINAL Page 125 of 940 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 C-21V.5 CLEAN FINAL Page 126 of 940 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 C-22V.5 CLEAN FINAL Page 127 of 940 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. Woolbright 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: Baxter&Woodman, Inc. dba Mathews Consulting, a Baxter&Woodman Company Attn: Rebecca Travis, Vice President 477 S. Rosemary Avenue Suite 330 West Palm Beach, FL 33401 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 alter or waive CITY'S entitlement to Boynton Beach Utilities-General Consulting Services C-23V.5 CLEAN FINAL Page 128 of 940 sovereign immunity, or extend CITY'S liability beyond the limits established in Section 768.28, Florida Statutes, as amended. 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 Boynton Beach Utilities-General Consulting Services C-24V.5 CLEAN FINAL Page 129 of 940 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 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 day of 6L-11---'/- 20 1 MATHEWS CONSULTING, CITY OF BOYNTON BEACH A BAX E &WOODIMIA OMPANY City Manager CONSULTANT Attest/Authenticated:p SCE n c; NJ Title l Corporate Sege, Y. ••City rk Sege, a Approv- 3 as t• or Attest/Authenticated: 414•41-Q—dbZU0 Offi "L of the Ci O1'"omey Secretary Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-25 Page 130 of 940 EXHIBIT "A" SCOPE D - FEE SCHEDULE FIRM: Baxter& Woodman, dba Mathews Consulting DATE: 3/27/18 Personnel Classifications Hourly Rate! Principal 170.00 Project Manager 165.00 Senior Transportation Engineer 155.00 Senior Transportation Planner 170.00 Senior Surveyor/Mapper 150.00 Engineer 112.00 Urban Designer Transportation Planner Engineering Technician 110.00 Inspector (transportation) 90.00 GIS Specialist 135.00 CADD/Technician 92.00 Transportation Planning Technician Clerical/Administrative 70.00 Reimbursable Expenses: Direct costs such as postage, prints, delivery service will be billed at cost. Traffic Counter $50/day Miovision Traffic System $600 per diem plus 24/hr processing Subconsultant costs will be reimbursed at their invoice costs plus 10% markup Boynton Beach Utilities-General Consulting Services C-26V.5 CLEAN FINAL Page 131 of 940 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 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 REOUIRED General Liability General Aggregate 1,000,000.00 Commercial General Liability Products-Comp/Op Agg. 1,000,000.00 Owners&Contractor's Protective(OCP) Personal&Adv.Injury 1,000,000.00 Liquor Liability Each Occurrence 1,000,000.00 Professional Liability Fire Damage(any one fire) $ 50,000.00 Employees&Officers Med.Expense(any one person)5,000.00 Pollution Liability Asbestos Abatement Lead Abatement Broad Form Vendors Premises Operations Underground Explosion&Collapse Products Completed Operations Contractual Independent Contractors Broad Form Property Damage Fire Legal Liability Automobile Liability Combined Single Limit 500,000.00 Any Auto Bodily Injury(per person) to be determined All Owned Autos Bodily Injury(per accident) to be determined Scheduled Autos Property Damage to be determined Hired Autos Trailer Interchange 50,000.00 Non-Owned Autos PIP Basic Intermodal Garage Liability Auto Only,Each Accident 1,000,000.00 Any Auto Other Than Auto Only 100,000.00 Garage Keepers Liability Each Accident 1,000,000.00 Aggregate 1,000,000.00 Excess Liability Each Occurrence to be determined Umbrella Form Aggregate to be determined Worker's Compensation Statutory Limits Employer's Liability Each Accident 100,000.00 Disease,Policy Limit 500,000.00 Disease Each Employee 100,000.00 Property Homeowners Revocable Permit 300,000.00 Builder's Risk Limits based on Project Cost Other- As Risk Identified to be determined Boynton Beach Utilities-General Consulting Services C'27V.5 CLEAN FINAL Page 132 of 940 EXHIBIT "C" PERFORMANCE EVALUATION FORM CONSULTING ENGINEERS Date: Name of Firm: Office Location: 1. Service: (Check One) 0 Planning/Study Activity,Report,Other El Design/Engineering Services/Preliminary Bid Document Final Document/Bidding/Contractor Award 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: 6. Overall Rating (Check One) El Unsatisfactory 0 Poor Fair Good Excellent 7. Recommended for Future Contracts? Yes No 0 Conditional If other than yes,provide detailed explanation on a separate sheet of paper. 8. Name,title,and office of rating officer(e.g.Utilities Director): 9. Signature of rating officer: Boynton Beach Utilities-General Consulting Services C_28V.5 CLEAN FINAL Page 133 of 940 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 highest score N/A 1. Thorough site investigation 1 2 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/spec 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 highest score N/A 1. Specs afford competition 1 2 3 4 5 2. Specs 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. Response 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 C-29V.5 CLEAN FINAL Page 134 of 940 EXHIBIT "C" PERFORMANCE EVALUATION FORM CONSULTING ENGINEERS (CONTINUED) CONSTRUCTION PHASE COMPLETION Rate numerically 1 to 5 with 5 being the highest score N/A 1. Drawings Reflect True Conditions 1 2 3 4 5 2. 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. Validity of 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 5Documentation, etc.) 14. Did the Consultant exercise adequate/effecting coordination and control of subconsultant(s) or 1 2 3 4 5 associate(s)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 C30 Page 135 of 940 EXHIBIT "C" PERFORMANCE EVALUATION FORM CONSULTING ENGINEERS continued) PLANNING/STUDY ACTIVITY, REPORT, OTHER Rate numerically 1 to 5 with 5 being the highest score N/A 1. Thorough investigation 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 C-31V.5 CLEAN FINAL Page 136 of 940 MATHEWS /tikCONSULTING a BAXTE OODMAN company August 13, 2018 Ms. Ilyse Triestman Purchasing Manager City of Boynton Beach 100 E. Boynton Beach Blvd. Boynton Beach, FL 33435-0310 Telephone 561-742-6322 Subject:RFQ No. 046-2821-17/TP Resolution No. R18-103 General Engineering Services Agreement Category Scope D— Transportation Dear Ilyse, Please find enclosed one(1) original signed copy of the above referenced Agreement for General Consulting Services, Scope Category D — Transportation Services and a copy of our Certificate of Insurance. If you have any questions, please contact me. Sincerely, MATHEWS CONSULTING, A Baxter and Woodman Company Rebecca Travis, P.E. Vice President/Region Manager West Palm Beach Enclosures MC File BOYBC/170878.00/BOYBC 477 S. Rosemary Ave. Suite 330, West Palm Beach, FL 33401 • 561.655.6175 www.baxterwoodman.com Page 137 of 940 AC/-o DATE(MWDD/YYYY)O CERTIFICATE OF LIABILITY INSURANCE 8/13/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(les) must 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 NAME: Risk Strategies Company PHONEHNNE-Ext): (847) 412-1414 A/C,No): 650 Dundee Road E-MAIL ADDRESS: Suite 170 INSURER(S)AFFORDING COVERAGE NAIC# Northbrook IL 60062 INSURERA:Valley Forge Ins Co 20508 INSURED INSURERB:COntinental Insurance Co Mathews Consulting, INSURERc:Continental Casualty Company a Baxter & Woodman Inc. Company INSURER D: 477 S. Rosemary Ave., #330 INSURERE: West Palm Beach FL 33401 INSURERF: COVERAGES CERTIFICATE NUMBER:CL17122151309 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, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP/ YLIMITSLTRINSRWVDPOLICYNUMBERMM/DDYYYI,IMM/DD/YYYYI X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE 1,000,000 DAMAGE RENTED A CLAIMS-MADE X OCCUR PREM SESO( Ea occurrence) $ 1,000,000 X primary/non contributory 6045872351 1/1/2018 1/1/2019 MED EXP(Any one person) $ 15,000 X subj to written contract PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE _ $ 2,000,000 POLICY X jECT LOC PRODUCTS-COMP/OPAGG $ 2,000,000 OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000Eaaccident) A I ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED 6045872348 1/1/2018 1/1/2019 BODILY INJURY(Per accident) $ NOON-OWNED AUTOS AUTOS PROPERTY DAMAGEXHIREDAUTOSXAUTOSPeraccident) X UMBRELLA LIAB X OCCUR EACH OCCURRENCE 5,000,000 B EXCESS LIAB CLAIMS-MADE AGGREGATE 5,000,000 DED RETENTION$6045872365 1/1/2018 1/1/2019 WORKERS COMPENSATION X PER AND EMPLOYERS'LIABILITY Y/N STATUTE OERH ANY PROPRIETOR/PARTNER/EXECUTIVE N/A E.L.EACH ACCIDENT 1,000,000 OC ( MFiCERNEMBER andatoryr in NH EXCLUDED? 6045872379 1/1/2018 1/1/2019ry ) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 C Profession) Liability AEH591900841 1/1/2018 1/1/2019 Per claim 5,000,000 Aggregate 5,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached K more space is required) Re: City of Boynton Beach, RFQ No. 046-2821-17/TP. City of Boynton Beach is included as additional insured per blanket endorsement as respect GL, subject to written contract requiring same. Waiver of subrogation applies GL/WC. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Boynton Beach THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 100 E. Boynton Beach Blvd. ACCORDANCE WITH THE POLICY PROVISIONS. Boynton Beach, FL 33435 AUTHORIZED REPRESENTATIVE Michael Christian/ CIDy s — '' LL 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD INS025(201401) Page 138 of 940 NE 3rd St ROADWAY & UTILITY IMPROVEMENTS 1 City of Boynton Beach – Engineering Services for NE 3rd Street Roadway & Utility Improvements July 16, 2019 A. Background The City of Boynton Beach (CITY) has requested a proposal from Baxter & Woodman, Inc. (B&W) to provide Engineering Services for the NE 3rd Street (Martin Luther King Jr Blvd to NE 9th Ave) Roadway & Utility Improvements Project. The infrastructure improvements consist of: Conversion of an unimproved 50-foot right-of-way section into a full roadway New sidewalk, curb and gutter Side street parking New 8-inch water main New 8-inch gravity sanitary sewer Roadway striping & signage Stormwater improvements Street lighting Sidewalk along north side of NE 9th Ave between NE 3rd St and Railroad Avenue B. Scope of Services The Engineering Services shall include the following tasks: Task 1 – Data Collection Task 2 – Design Services Task 3 – Permitting Services Task 4 – Bidding Services Task 5 – Construction Administration Services Task 6 – Construction Inspections The specific scope of services to be provided by B&W in this Contract includes the following: Task 1 – Data Collection Subtask 1.1 Utility Coordination Coordination with utility agencies (electric, phone, gas, water, sewer and CATV) shall be performed to collect record information. This Subtask includes reconciling apparent discrepancies between record information and field observed information. Subtask 1.2 Subsurface Investigations B&W shall furnish the services of a professional geotechnical firm to provide a geotechnical evaluation of the project area, and have two (2) soil borings taken for soil strata identification; to determine the ground water level; and to obtain a field percolation test as part of the project. Page 139 of 940 NE 3rd St ROADWAY & UTILITY IMPROVEMENTS 2 TASK 2 – DESIGN SERVICES Design shall consist of preparation of Contract Specifications, Contract Drawings and Construction Cost Opinion. Subtask 2.1 Preliminary Design B&W shall prepare a 30% design level plan layout of the proposed roadway, drainage, sewer and watermain improvements. The City shall provide all survey topographic information in Autocadd format. The plans will illustrate the typical placement of the proposed water main, sewer and above ground improvements (roadway width, curbing, sidewalk), etc. The plans and 30% design level construction cost estimate will be provided to the CITY for their review and comment. Three (3) hard copies of the plans and cost estimate and in .pdf format. Subtask 2.2 Construction Documents Preparation of construction documents shall include contract drawings and technical specifications. Contract drawings shall include: cover sheet, general notes, plan/profile drawings, roadway section, signage and marking plan, drainage, sewer and watermain improvements, and miscellaneous detail sheets. The drawing scale shall be 1-inch equals 20 feet for roadway/pipeline plan. B&W shall prepare the engineering design elements on the topographic survey information provided by the CITY and shall be in an AutoCAD release 2018 format. Contract documents shall include: “front-end” documents and technical specifications and shall conform to the CITY Standards. The CITY shall prepare the front-end documents and provide to B&W. Drawings and specifications (three copies and .pdf format) shall be submitted for CITY review at 60% (plan/profile) and 100% (plan/profile) stages. B&W shall meet with the CITY to discuss comments, and incorporate comments into final documents. B&W shall furnish with the 100% design drawings, one (1) set of AutoCAD Version 2018 files in electronic format. Upon final completion Consultant shall provide bidding documents in electronic format to the City for the City to advertise for construction bids. Subtask 2.3 Construction Cost Opinion Preparation of construction cost opinion at 60% and 100% design stages. The construction cost opinion shall reflect changes in general scope, extent or character of design requirements incorporated during the various design review stages. Subtask 2.4 Design Meetings B&W shall attend a 30% and 60% design review meeting with the CITY and provide a written summary of the issues discussed. TASK 3 – PERMITTING PHASE During the Design Phase, B&W shall meet with the potential permitting and other interested agencies to determine all potential permitting requirements. Permit applications shall be completed as required for: Water Main Construction Permit (Boynton Beach Utilities/PBCo Health Department) Wastewater Construction Permit (Boynton Beach Utilities/PBCo Health Department) Page 140 of 940 NE 3rd St ROADWAY & UTILITY IMPROVEMENTS 3 Environmental Resource Permit “self certification” application (SFWMD) ROW (City of Boynton Beach) Building Permit – Electrical (City of Boynton Beach) General Drainage Permit Application from LWDD is not required Associated permit application fees shall be determined by B&W and paid by CITY. In addition to preparing the permit applications for appropriate regulatory agencies, B&W shall assist the CITY in consultations with the appropriate authorities (if required). Consultation services shall include the following: Attend up to one (1) pre-application meeting with the staff of each of the agencies. Attend up to one (1) meeting with each of the agencies during review of the final permit applications. Respond to request(s) for additional information from each agency. TASK 4 – BIDDING SERVICES Subtask 4.1 Pre-Bid Meeting B&W shall attend pre-bid conference. City shall schedule, prepare the agenda with assistance of B&W, and run the meeting. B&W shall provide written responses to engineering related questions from the pre-bid meeting to the City for the City to issue addendum. Subtask 4.2 Bid Clarifications B&W shall provide written answers and supplemental information or clarification, as appropriate, to interpret, clarify, or expand the bidding documents to the City for inclusion in addenda to be issued by the City. Subtask 4.3 Bid Opening, Prepare Bid Tabulation & Recommendation of Award B&W shall attend the bid opening, prepare bid tabulation sheets and assist City in evaluating bids and proposals. The review conducted by B&W does not include the Contractor’s financials. B&W shall submit to City a written recommendation concerning contract award. Subtask 4.4 Preparation of Conformed Documents B&W shall prepare the conformed construction plan documents and assist the City in assembling the contract documents for the successful bidder. B&W shall furnish the As-Bid design drawings, one (1) set of AutoCAD (Version 2016) files and one (1) set of pdf files in electronic format. Consultant shall also provide one (1) hard copy and a .pdf of the technical specifications. TASK 5 – CONSTRUCTION ADMINISTRATION SERVICES The general administration services during construction of the NE 3rd Street Roadway & Utility Improvements Project shall include the following tasks: Subtask 5.1 Preconstruction Conference B&W shall attend a preconstruction conference with representatives of CITY, contractor and major subcontractors for the construction contract. B&W shall prepare, in writing, minutes of conference. Page 141 of 940 NE 3rd St ROADWAY & UTILITY IMPROVEMENTS 4 Subtask 5.2 Submittal Review B&W shall review and process shop drawings, samples, schedules, certifications and any other data which the construction contractor is required to submit. The review will be for conformance with the design concept and compliance with the construction contract documents. Consultant will submit reviewed shop drawings/submittals to CITY for their records. Subtask 5.3 Pay Estimate Review Based on onsite observations as an experienced and qualified design professional and on review of Contractor applications for payment and accompanying data and schedules, determine the amounts owing to the Contractor and recommend, in writing, payments to Contractor in such amounts. Review of stored materials items and invoices as required. This also includes, monitoring the construction schedule monthly and reporting to the CITY conditions which may cause delay in completion. Subtask 5.5 Construction Clarifications Respond in writing to Contractor’s Request for Information (RFI) regarding design documents during the estimated 3-month construction period. B&W shall issue interpretations and clarifications of the Contract Documents, along with associated support materials, as requested by the Contractor. Those interpretations will be rendered and a response prepared and submitted to the Contractor within 5 working days. Subtask 5.6 Review Change Orders Provide services in connection with preparing change orders to reflect changes to the construction project, limited to minor changes requested by Contractor. Analysis of major design modifications, including the preparation of significant Drawing revisions, are not included, and may require additional authorization. Subtask 5.7 Progress Meetings B&W shall conduct monthly construction progress meetings (estimated 2 meetings) to be held at an acceptable location and provide a written summary of the issues discussed. Subtask 5.8 Certification of Construction Completion B&W shall certify to the applicable permitting agencies based on the visible project features, B&W’s periodic inspections, that the project was constructed in accordance with the plans and specifications submitted in the permit applications. Subtask 5.9 Substantial and Final Inspections B&W shall conduct a substantial and final inspection with the CITY and Contractor to determine if the project has been completed in accordance with the contract documents and if the construction contractor has fulfilled his obligations thereunder. A punch-list will be prepared for each inspections (substantial and final) for the project. B&W shall recommend, in writing, final acceptance of the work to the CITY. The CITY may, at CITY’s option proceed to make final payment to the construction contractor. Page 142 of 940 NE 3rd St ROADWAY & UTILITY IMPROVEMENTS 5 TASK 6 – RESIDENT PROJECT REPRESENTATIVE SERVICES The Construction Inspections phase services to be provided by B&W include the following: 1. Provide a Construction Inspector to provide periodic inspections (on average 20 hrs/week) during the construction of the watermain, drainage and sanitary sewer work in a total period of not-to- exceed 6 weeks (estimated 120 hours); on average 1 trip per week (3 hrs/week) during the remaining 4 weeks of construction of the paving improvements (estimated 12 hours); and on average 1 trip at 3 hours each (estimated 6 hours) for the substantial and final inspections for the construction contract. Total estimated 138 hours RPR for estimated 12-week (3-month) construction time period. Activities performed under this task consist of furnishing a Construction Inspector during the construction of the project, to observe the performance of the work of the Contractor on a Not-To-Exceed basis, who will: Serve as B&W’s liaison with construction contractor, working principally through the contractor’s construction manager and assist him in understanding the intent of the contract documents. Conduct on-site observations of the work in progress to assist in determining if the work is proceeding in accordance with the contract documents and that completed work conforms to the contract documents. Report, in writing, whenever B&W believes that work is unsatisfactory, faulty or defective, or does not conform to the contract documents, or does not meet the requirements of inspections, tests or approval required to be made, or has been damaged prior to final payment. Work in conjunction with the CITY’s inspector to coordinate coverage of inspections of the project construction work. Accompany visiting inspectors representing public or regulatory agencies having jurisdiction over the project. Record, in writing, the outcome of these inspections and report same to CITY. Consider and evaluate construction contractor’s suggestions for modifications in drawings or specifications and report them to CITY, in writing. B&W shall make recommendation for action by the CITY. Review Contractor As-Built information on a monthly basis to confirm updates are being made. Review all Contractor density test results performed by Professional Geotechnical company. Observe all flushing and pressure testing of the water main. 2. Review work progress at key steps to allow certifications to the applicable agencies, that work was completed in substantial conformance with the Contract Documents and Permits. LIMITATIONS OF AUTHORITY Except upon written instructions of Engineer, Resident Project Representative: 1. Shall not authorize any deviation from the Contract Documents or approve any substitute materials or equipment. Page 143 of 940 NE 3rd St ROADWAY & UTILITY IMPROVEMENTS 6 2. Shall not exceed limitations on Engineer’s authority as set forth in the Contract Documents. 3. Shall not undertake any of the responsibilities of Contractor, Subcontractors or Construction Manager, or expedite the Work. 4. Shall not advise on or issue directions relative to any aspect of the means, methods, techniques, sequences or procedures of construction unless such is specifically called for in the Contract Documents. 5. Shall not advise on or issue directions as to safety precautions and programs in connection with the Work. 6. Shall not participate in specialized field or laboratory tests. ELECTRICAL DESIGN SERVICES B&W shall hire the services of a professional electrical engineer for the design of the street lighting along NE 3rd St. Tasks shall include the following: Task E1 – Data Collection 1. SUBCONSULTANT shall visit the site and coordinate with FPL as it relates to the existing services located along NE 3rd Street that currently serve the properties facing NE 10th Avenue. Task E2 – Design Services 1. EDA shall prepare a preliminary design report, 8 ½ x 11 format outlining the existing conditions, FPL services availability and proposed street lighting data sheets in accordance with the FPL Street Lighting Standards. No drawings are anticipated. 2. Photometric evaluation for the roadway lighting along NE 3rd Street originating at NE 9th Avenue and extending to NE 10th Avenue, an approximate length of 140 LF. The photometric evaluation shall be completed in accordance with the City ordinances, IES recommendations and the NEC. Light fixture selection shall be in accordance with FPL Street Lighting Standards. 3. SUBCONSULTANT with the for the roadway lighting along NE 3rd Street originating at NE 9th Avenue and extending to NE 10th Avenue, an approximate length of 140 LF. The photometric evaluation shall be completed in accordance with the City ordinances, IES recommendations and the NEC. Light fixture selection shall be in accordance with FPL Street Lighting Standards. 4. SUBCONSULTANT with conversion and relocation of existing FPL overhead services to underground including modifications to the meter can at each of the properties currently served from the pole mounted transformer. It is our understanding that the FPL coordination, relocation along NE 9th Avenue and the service to the proposed Community Center is to be completed by others. 5. SUBCONSULTANT shall attend up to two (2) meetings; the 30% workshop and the 60% workshop with the City. SUBCONSULTANT shall also attend coordination meetings with B&W during the design cycle. Light fixture selection shall be in accordance with FPL Street Lighting Standards. 6. Submittals shall include the following: Page 144 of 940 NE 3rd St ROADWAY & UTILITY IMPROVEMENTS 7 a. 30% Submittal – Photometric Evaluation, FPL Coordination memorandum b. 60% Submittal – Design Drawings and Specifications with 60% cost estimate c. 100% Design – Drawings and Specifications with 100% cost estimate Task E3 – Permitting Phase 1. SUBCONSULTANT shall assist in responding to questions from the City’s Building Department as they relate to the services that are being modified. Task E4 – Bidding Phase 1. SUBCONSULTANT shall assist during the Bidding process and respond to questions received. Task E5 – Construction Administration Services 1. Construction Administration services shall be limited to the modifications to the properties whose services are being modified. 2. Shop drawings will be reviewed to determine their conformance with the design drawings. The scope of field monitoring services will be limited to two (2) site visits for the purpose of assessing general conformance of the work with design drawings and specifications. It is understood that the SUBCONSULTANT and B&W will not be performing detailed quality control and inspection services such as checking the installation of conduits for conformity with the electrical drawings and appropriate manufacturer's shop drawings. C. Assumptions In addition to the work items discussed above, the following assumptions were made in establishing the scope of this Contract and associated fee. Changes and/ or modifications in the above work items or these assumptions are considered an Additional Services Item under the terms of the contract. Assumptions include: 1. B&W assumes that all existing and proposed infrastructure roadway/pipeline alignments are within the CITY’s, rights-of-way. 2. No additional survey work is included herein. The boundary and topographic survey files provided to B&W on June 10, 2019 will be utilized for the basis of design. Any additional survey information, such as existing drainage and sewer invert elevations, shall be provided by the CITY. The surveyor’s certification and horizontal control information will be provided to B&W for inclusion in the construction documents. 3. The CITY will provide topographic survey base files for the ROW of NE 9th Avenue between NE 3rd St and Railroad Avenue which will include topographic survey of the expanded right- of-way (50’ proposed section) and shall include information along the north line where the sidewalk in proposed, along with the elevation at each edge of driveway 10’ outside of the future 50’ expanded ROW. 4. CITY will be responsible for acquisition and recordation of easements (including temporary construction easements if required), right-of-way expansion, additional ROW taking documents, etc. Page 145 of 940 NE 3rd St ROADWAY & UTILITY IMPROVEMENTS 8 5. The CITY shall assist B&W with coordination for required access to determine modifications for undergrounding of existing building electrical feeds. 6. CITY will provide B&W record/as-built drawings of all available existing facilities in the project area. 7. No utility locates (soft digs) are included herein. 8. The scope does not include landscape, decorative paving, street lighting or irrigation design. Efforts are not included for tree mitigation. It is assumed that there are no contaminated sites in the work area. 9. B&W assumes construction duration of three (3) months and field inspections to be provided for approximately 10 weeks of the 3 month total construction period. B&W shall provide periodic inspections (total of up to 138 hours). CITY will provide an inspector to oversee construction periodically during the hours that B&W is not on the project site. 10. Contractor shall be responsible for preparing Record Drawings. 11. The Contractor shall be responsible to apply for the FDEP NDPES Notice of Intent. 12. The design is to be based on the federal, state and local codes and standards in effect at the beginning of the project. Revisions required for compliance with any subsequent changes to those regulations is considered an Additional Services Item not currently included in this Scope of Work. 13. CITY is responsible for all permitting fees, including costs of public notification in local newspapers. 14. Files provided by the City to-date: Two 18-0215_BBCRA .pdf files for dedication and abandonment of lots adjacent to the NE 3rd St ROW. City to process and record documents (in future). 3rd _Street_As-_built .pdf files for sewer and watermain on adjacent streets. Two Autocad files 18-0215_BBCRA_RW parcel and BBCRA_topo-Model with parcel boundaries and surveyed topography. Date of survey, horizontal control, and surveyor’s certification to be provided. Community Caring Center draft site plan in .pdf format D. Additional Services The following are examples of some specific Additional Services Items that may be required, but are not included within this Amendment. Generally, a condition contrary to the work description in Section B or assumptions of Section C (upon which the Contract fee is based) is considered an Additional Services Item. Examples include: 1. Additional supervision or construction observation in excess of that specified in this Contract. 2. Assisting the CITY in the settlement of construction contract claims will be an additional service. Page 146 of 940 NE 3rd St ROADWAY & UTILITY IMPROVEMENTS 9 These and other services can be provided, if desired by the CITY, under separate Contract(s) or by an amendment to this Contract. Services performed will be on an as-directed basis in accordance with a written Notice to Proceed from the CITY. E. Compensation Compensation by the CITY to B&W for all tasks will be on a Not-to-Exceed (time utilized) basis in accordance with the above mentioned Agreement. The estimated compensation for the services described in this Contract is $80,850.00 as shown in Table 1 below and detailed in Attachment 1. TABLE 1: LABOR AND EXPENSE SUMMARY Total Cost Task 1 – Data Collection $1,065.00 Task 2 – Design $28,254.00 Task 3 – Permitting $4,508.00 Task 4 – Bidding Services $3,780.00 Task 5 – Construction Administration Services $8,034.00 Task 6 – Periodic Construction Inspections $14,269.00 Geotechnical Subconsultant (incl markup) $4,400.00 Electrical Engineering Subconsultant (incl markup) $14,940.00 Reimbursables $1,600.00 Totals $80,850.00 F. Schedule The completion dates for this work is shown in Attachment 2. Page 147 of 940 Senior Engineering Construction Construction Sub- Principal Engineer Engineer Technician Manager Inspector Clerical Total Consultant Task No. Task Description $175.78 $139.59 $113.74 $103.40 $129.25 $103.40 $72.38 Labor Services 1 Data Collection 1.1 Utility Coordination 4 2 $661.76 1.2 Subsurface Investigations (Soil Borings, Perc Test) 1 2 $403.26 $4,000.00 Subtotal Task 1 1 0 6 2 0 0 0 $1,065.02 $4,000.00 2 Design 2.1 Preliminary Design (30%) 8 25 15 25 $9,187.09 2.2a 60% Drawings & Specifications 5 10 40 34 8 $10,919.04 2.2b 100% Drawings & Specifications 5 10 10 8 $3,629.34 2.3 Construction Cost Opinion (30%, 60%, 100%) 4 6 6 $1,861.20 2.4 Design Review Meetings (30%, 60%) 8 8 $2,316.16 Electrical Subconsultant - EDA 3 $341.22 10,268.00$ Subtotal Task 2 26 39 82 75 0 0 16 $28,254.05 10,268.00$ 3 Permitting 3.1 Boynton Utilities/PBCHD Water Main Permit 2 4 2 $951.28 3.2 Boynton Utilities/PBCHD Gravity Sewer Permit 2 4 2 $951.28 3.3 SFWMD ERP 6 2 2 $1,426.92 3.4 Boynton Beach ROW 2 6 2 $1,178.76 Electrical Subconsultant - EDA $0.00 $547.00 Subtotal Task 3 12 0 16 0 0 0 8 $4,508.24 $547.00 4 Bidding Assistance 4.1 Attend Pre-bid Conference 2 $351.56 4.2 Bid Clarifications 4 4 $1,158.08 4.3 Attend Bid Opening, Bid Tabulation, Recomm of Award 3 2 5 $1,401.07 4.4 Conformed Bid Documents 4 4 $868.56 Electrical Subconsultant - EDA $0.00 $547.00 Subtotal Task 4 9 0 10 4 5 0 0 $3,779.27 $547.00 5 Construction Administration Services 5.1 Preconstruction Conference 2 2 $610.06 5.2 Submittal Review 10 $1,292.50 5.3 Pay Estimate/Schedule Review 8 $1,034.00 5.4 Construction Clarifications 12 $1,551.00 5.5 Review Change Orders 3 $387.75 5.6 Progress Meetings (est 2 monthly mtgs)6 $775.50 5.7 Certification of Construction Completion/Permits 4 8 $1,737.12 5.8 Substantial and Final Inspections 4 $517.00 Electrical Subconsultant - EDA 1 $129.25 $2,220.00 Subtotal Task 5 6 0005400$8,034.18 $2,220.00 6 Construction Inspections 6.1 Part-time RPR (6 wks @ 20hrs/wk avg WM, San, Storm constr +138 $14,269.20 3 hrs per 1trip/wk x 4 wks paving + 6 hrs Subst, Final insp) Subtotal Task 6 (NTE) 0 0 0 0 0 138 0 $14,269.20 $0.00 Labor Subtotal Hours 54 39 114 81 59 138 24 $17,582.00 Labor Subtotal $9,492.12 $5,444.01 $12,966.36 $8,375.40 $7,625.75 $14,269.20 $1,737.12 $59,909.96 Labor Total Costs $59,910.00 Subconsultants Costs 17,582.00 Markup on Subconsultant 1.10 Subconsultants Total Cost 19,340.20 Reimbursables 1,600.00 Project Total 80,850.00 Labor Classification and Hourly Rates ATTACHMENT 1 Budget Summary for Baxter & Woodman, Inc. (7/16/19) NE 3rd Street Design, Permitting & CMS Baxter Woodman, Inc.Page 148 of 940 Jul AugSep OctNov Dec Jan Feb MarAprMayJun Jul AugSep OctNovNTPKick-off MeetingUtility Coordination (30 days)Soil Borings (30 days)Preliminary Design30% Design (55 days)City Review (14 days)Final Design60% (70 days)City Review (21 days)100% (21 days)City Review (7 days)Permitting (45 days)Bidding and Award (60 days)Construction (90 days)ProjectATTACHMENT 22019 2020NE 3rd Street Roadway & WM Improvements - Project Schedule Page 149 of 940 5.G. C ONS E NT A GE ND A 10/15/2019 CIT Y OF BOY NTON BEACH AG ENDA I TEM REQUEST F ORM C O MMIS S IO N ME E T IN G D ATE: 10/15/2019 R E Q U E S TE D AC T IO N B Y C O MMIS S IO N: As part of the approval of the inter-local agreement between the City and C RA for design, permitting, and construction administration of the extension of NE 3rd Street it is necessary to amend the Fiscal Year 2019- 2020 Capital I mprovement Fund (302) budget, which will adjust budgeted appropriations and revenue sources. E X P LAN ATIO N O F R E Q U E S T: As part of the approval of the inter-local agreement between the C RA and City for the design of NE 3rd Street from NE 9th Avenue to Martin Luther K ing J r. Blvd. (a.k.a. NE 10th Avenue) it is nec essary to amend the Fiscal Year 2019-2020 Capital I mprovement Fund (302) budget by $85,000 to cover the costs incurred as part of this project. The Capital I mprovement Budget will be amended for Fund 302 from $1,245,102 to $1,330,102. H O W W IL L T H IS AFF E C T C IT Y P R O G R AMS O R S E RV IC E S? The amendment will provide for the City to continue to follow good and appropriate budgeting practices. FIS C AL IMPAC T: The amendment will create a project for the design of the extension of NE 3rd Street in account number 302-4905-580.63-07. ALT E R N ATIV E S: N/A S TR ATE G IC P LAN: S TR ATE G IC P LAN AP P LIC AT IO N: C L IMAT E AC T IO N: C L IMAT E AC T IO N D IS C U S S IO N: Is this a grant? Grant Amount: Page 150 of 940 5.H. C ONS E NT A GE ND A 10/15/2019 CIT Y OF BOY NTON BEACH AG ENDA I TEM REQUEST F ORM C O MMIS S IO N ME E T IN G D ATE: 10/15/2019 R E Q U E S TE D AC T IO N B Y C O MMIS S IO N: Approve an increase to the rental agreement with W illiams Scotsman, I nc. for rental of 60x24 and 60x48 modular trailers in the amount of $28,610.80 with a 10% contingency amount of $2,861.80 for the temporary library located at 115 N Federal Highway. E X P LAN ATIO N O F R E Q U E S T: On 07/03/18 the City Commission approved Resolution R18-088 to exec ute an agreement with W illiams Scotsman, I nc . for the rental of 60X24 and 60X 48 trailer needed for the temporary Library during construction of Town Square project. Per the agreement on the 60x24 trailer the agreement expired on 08/09/2019 and the agreement on the 60x48 trailer agreement was set to expire on 01/17/2020. The agreement on the 60x24 & the 60x48 trailer were extended and are now sc heduled to expire on 05/31/2020. The extension will allow the Library to remain at its c urrent temporary loc ation until the completion of the new Town Square project is completed. H O W W IL L T H IS AFF E C T C IT Y P R O G R AMS O R S E RV IC E S? Rental of modular trailers are necessary to allow the Library to operate at the 115 North Federal Highway location. FIS C AL IMPAC T: Budgeted The cost will be charged to account 001-1214-512-44-42 ALT E R N ATIV E S: None S TR ATE G IC P LAN: S TR ATE G IC P LAN AP P LIC AT IO N: C L IMAT E AC T IO N: No C L IMAT E AC T IO N D IS C U S S IO N: Is this a grant? No Page 151 of 940 Grant Amount: C O N TR AC T S V E N D O R N AME: W illiams Scotsman I nc. S TAR T D ATE: E N D D ATE: C O N T R AC T VALU E: MIN O R ITY O W N E D C O N T R AC TO R?: No E X TE N S IO N AVAIL AB L E?: E X TE N S IO N E X P L AN AT IO N: AT TAC H ME N TS: Type Description Other W illiams Scotsman I nc - Agenda I tem 07-03-18 Resolution W illiams Scotsman I nc - Resolution R18-088 Page 152 of 940 Page 153 of 940 Page 154 of 940 Page 155 of 940 Page 156 of 940 Page 157 of 940 Page 158 of 940 Page 159 of 940 Page 160 of 940 Page 161 of 940 Page 162 of 940 5.I . C ONS E NT A GE ND A 10/15/2019 CIT Y OF BOY NTON BEACH AG ENDA I TEM REQUEST F ORM C O MMIS S IO N ME E T IN G D ATE: 10/15/2019 R E Q U E S TE D AC T IO N B Y C O MMIS S IO N: Approve utilizing the National I PA (U.S. Communities and National I PA are now part of OMNI A Partners-the nation's largest purchasing organization in procurement and supply chain management) Contract # 2017025 with Toro Pricing thru local distributor, Hector, 1301 Northwest 3rd Street, Deerfield Beach, FL 33442 for the 48 month lease of equipment at $3,032.48/mo with an annual expenditure of $36,389.76 . E X P LAN ATIO N O F R E Q U E S T: Replacing six old greens mowers with new mowers in order to maintain and present attractive golf greens and tees for public play. The Links Golf Course is requesting an agreement for leasing maintenance equipment for a period of four years. H O W W IL L T H IS AFF E C T C IT Y P R O G R AMS O R S E RV IC E S? Enhance the overall image of the Golf Course greens . FIS C AL IMPAC T: Budgeted The $36,389.76 annual expense has been included in Equipment Rental Account No. 411-2911-572-44-30. ALT E R N ATIV E S: Continue trying to maintain the older equipment, which is out of warranty and declining in dependability, thereby incurring more downtime and more labor in order to maintain and keep the greens up to today's quality of standards. S TR ATE G IC P LAN: S TR ATE G IC P LAN AP P LIC AT IO N: C L IMAT E AC T IO N: C L IMAT E AC T IO N D IS C U S S IO N: Is this a grant? Grant Amount: Page 163 of 940 AT TAC H ME N TS: Type Description Addendum The Toro Company Contract 2017025 Addendum tcf equipment (Toro) finance Dated 10-01-19 Addendum Hector Quotation (Toro Eqpt) Q29270-1 Dated 10-02-19 Addendum TORO Greensmaster 3150-Q Page 164 of 940 City of Mesa, AZ Contract 2017025 for Grounds Maintenance Equipment, Parts, Accessories, Supplies, Related Services and Equipment with The Toro Company Effective: April 1, 2017 Page 165 of 940 The following documents comprise the executed contract between The City of Mesa, AZ and the Toro Company, effective April 1, 2017: I. Signed Contract II. Council Approval III. Negotiations IV. Supplier Response V. RFP Amendments VI. Original RFP Page 166 of 940 Page 1 of 272 AGREEMENT PURSUANT TO SOLICITATION CITY OF MESA CONTRACT NUMBER 2017025 GROUNDS MAINTENANCE EQUIPMENT, PARTS, ACCESSORIES, SUPPLIES, RELATED SERVICES AND EQUIPMENT CITY OF MESA, Arizona (“City”) Department Name City of Mesa – Purchasing Division Mailing Address P.O. Box 1466 Mesa, AZ 85211-1466 Delivery Address 20 East Main St, Suite 400 Mesa, AZ 85201 Attention Jess Romney, CPPB Procurement Officer E-Mail Jess.Romney@MesaAZ.gov Telephone (480) 644-5798 Facsimile (480) 644-2655 AND THE TORO COMPANY, (“Contractor”) Mailing Address 8111 Lyndale Ave South Bloomington, MN 55420 Delivery Address Attention Peter Whitacre Regional Business Manager E-Mail Peter.Whitacre@Toro.com Telephone (952) 887-7936 Facsimile Page 167 of 940 Page 2 of 272 CITY OF MESA AGREEMENT PURSUANT TO SOLICITATION This agreement pursuant to solicitation (“Agreement”) is entered into this ___ day of March, 2017, by and between the City of Mesa, Arizona, an Arizona municipal corporation (“City”), and The Toro Company, a(n) Delaware corporation (“Contractor”). The City and Contractor are each a “Party” to the Agreement or together are “Parties” to the Agreement. RECITALS A. The City issued solicitation number 2017025 (“Solicitation”) for GROUNDS MAINTENANCE EQUIPMENT, PARTS, ACCESSORIES, SUPPLIES, RELATED SERVICES AND EQUIPMENT, to which Contractor provided a response (“Response”); and B. The City Selected Contractor’s Response as being in the best interest of the City and wishes to engage Contractor in providing the services/materials described in the Solicitation and Response. In consideration of the reciprocal promises contained in the Agreement, and for other valuable and good consideration, which the Parties acknowledge the receipt and sufficiency of, the Parties agree to the following Terms & Conditions. TERMS & CONDITIONS 1. Term. This Agreement is for a term beginning on April 1, 2017 and ending on March 31, 2022. The use of the word “Term” in the Agreement includes the aforementioned period as well as any applicable extensions or renewals in accordance with this Section 1. 5.1 Renewals. On the mutual written agreement of the Parties, the Term may be renewed up to a maximum of two (2) one (1) year periods. Any renewal(s) will be a continuation of the same terms and conditions as in effect immediately prior to the expiration of the then-current term. 5.2 Extension for Procurement Processes. Upon the expiration of the Term of this Agreement, including any renewals permitted herein, at the City’s sole discretion this Agreement may be extended on a month-to-month basis for a maximum of six (6) months to allow for the City’s procurement processes in the selection of a vendor to provide the services/materials provided under this Agreement. The City will notify the Contractor in writing of its intent to extend the Agreement at least thirty (30) calendar days prior to the expiration of the Term. Any extension under this Subsection 1.2 will be a continuation of the same terms and conditions as in effect immediately prior to the expiration of the then-current term. 5.3 Delivery. City acknowledges that delivery will be made by contractor’s dealers and/or distributors, which are independent businesses. Deliveries shall be made to the location(s) contained in the Scope of Work within thirty (30) days after receipt of an order. 2. Scope of Work. Except as otherwise specified in this Agreement, the Contractor will provide the necessary staff, services and associated resources to provide the City with the services, materials, and obligations attached to this Agreement as Exhibit A (“Scope of Work”) Contractor will be responsible for all costs and expenses incurred by Contractor that are incident to the performance of the Scope of Work unless otherwise stated in Exhibit A. Contractor will supply all equipment and instrumentalities necessary to perform the Scope of Work. If set forth in Exhibit A, the City will provide Contractor’s personnel with adequate workspace and such other related facilities as may be required by Contractor to carry out the Scope of Work. 3. Orders. Orders be placed with the Contractor by either a: (i) Purchase Order when for a one-time purchase; (ii) Notice to Proceed, or (iii) Delivery Order off of a Master Agreement for Requirement Contract where multiple as-needed orders will be placed with the Contractor. The City may use the Internet to communicate with Contractor and to place orders as permitted under this Agreement Page 168 of 940 Page 3 of 272 4. Document Order of Precedence. In the event of any inconsistency between the terms of the body of the Agreement, the Exhibits, the Solicitation, and Response, the language of the documents will control in the following order. a. Agreement b. Exhibits 1. Mesa Standard Terms & Conditions 2. Scope of Work 3. Other Exhibits not listed above c. Solicitation including any addenda d. Contractor Response 5. Payment. 5.1 General. Subject to the provisions of the Agreement, the City will pay Contractor the sum(s) described in Exhibit B (“Pricing”) in consideration of Contractor’s performance of the Scope of Work during the Term. 5.2 Prices. All pricing shall be firm for the Term and all extensions or renewals of the Term except where otherwise provided in this Agreement, and include all costs of the Contractor providing the materials/service including transportation, insurance and warranty costs. No fuel surcharges will be accepted unless allowed in this Agreement. The City shall not be invoiced at prices higher than those stated in the Agreement. The Contractor further agrees that any reductions in the price of the materials or services covered by this Agreement will apply to the undelivered balance. The Contractor shall promptly notify the City of such price reductions. No price modifications will be accepted without proper request by the Contractor and response by the City’s Purchasing Division. Notwithstanding any of the other provisions in this Agreement, City acknowledges that products and services subject to this agreement, are provided by Contractor’s dealers and/or distributors, which are independent businesses and set their own prices. Contractor has no authority to set prices for its dealers and/or distributors. Contractor agrees to make the terms of this agreement known to applicable dealers and/or distributors and to use reasonable efforts to incent to provide goods and services to City or Participating Agency subject to the terms of this agreement. Contractors dealers and distributors that agree to utilize this agreement also agree to abide by the pricing and terms and conditions set within. 5.3 Invoices. Payment will be made to Contractor following the City’s receipt of a properly completed invoice. Any issues regarding billing or invoicing must be directed to the City Department/Division requesting the service or material from the Contractor. A properly completed invoice should contain, at a minimum, all of the following: a. Contractor name, address, and contact information; b. City billing information; c. City contract number as listed on the first page of the Agreement; d. Invoice number and date; e. Payment terms; f. Date of service or delivery; g. Description of materials or services provided; h. If materials provided, the quantity delivered, pricing of each unit, and freight charges (as applicable); i. Applicable Taxes j. Total amount due. Page 169 of 940 Page 4 of 272 5.4 Payment of Funds. Contractor acknowledges the City may, at its option and where available use a Procurement Card/e-Payables to make payment for orders under the Agreement. Otherwise; payment will be through a traditional method of a check or Electronic Funds Transfer (EFT) as available. 5.5 Disallowed Costs, Overpayment. If at any time the City determines that a cost for which payment was made to Contractor is a disallowed cost, such as an overpayment or a charge for materials/service not in accordance with the Agreement, the City will notify Contractor in writing of the disallowance; such notice will state the means of correction which may be, but is not limited to, adjustment of any future claim/invoice submitted by Contractor in the amount of the disallowance, or to require repayment of the disallowed amount by Contractor. Contractor will be provided with the opportunity to respond to the notice. 6. Insurance. 6.1 Contractor must obtain and maintain at its expense throughout the term of Contractor’s agreement, at a minimum, the types and amounts of insurance set forth in this Section 6 from insurance companies authorized to do business in the State of Arizona; the insurance must cover the materials/service to be provided by Contractor under the Agreement. For any insurance required under the Agreement, Contractor will name the City of Mesa, its agents, representatives, officials, volunteers, officers, elected officials, and employees as additional insured, as evidenced by providing either an additional insured endorsement or proper insurance policy excerpts. 6.2 Nothing in this Section 6 limits Contractor’s responsibility to the City. The insurance requirements herein are minimum requirements for the Agreement and in no way limit any indemnity promise(s) contained in the Agreement. 6.3 The City does not warrant the minimum limits contained herein are sufficient to protect Contractor and subcontractor(s) from liabilities that might arise out of performance under the Agreement by Contractor, its agents, representatives, employees, or subcontractor(s). Contractor is encouraged to purchase additional insurance as Contractor determines may be necessary. 6.4 Each insurance policy required under the Agreement must be in effect at or prior to the execution of the Agreement and remain in effect for the term of the Agreement. 6.5 Prior to the execution of the Agreement, Contractor will provide the City with a Certificate of Insurance (using an appropriate “ACORD” or equivalent certificate) signed by the issuer with applicable endorsements. The City reserves the right to request additional copies of any or all of the policies, endorsements, or notices relating thereto required under the Agreement. 6.6 When the City requires a Certificate of Insurance to be furnished, Contractor's insurance is primary of all other sources available. When the City is a certificate holder and/or an additional insured, Contractor agrees no policy will expire, be canceled, or be materially changed to affect the coverage available without advance written notice to the City. 6.7 The policies required by the Agreement must contain a waiver of transfer rights of recovery (waiver of subrogation) against the City, its agents, representatives, officials, volunteers, officers, elected officials, and employees for any claims arising out of the work of Contractor. 6.8 All insurance certificates and applicable endorsements are subject to review and approval by the City's Risk Management Division. Page 170 of 940 Page 5 of 272 6.9 Types and Amounts of Insurance. Contractor must obtain and retain throughout the term of the Agreement, at a minimum, the following: 6.9.1 Worker’s compensation insurance in accordance with the provisions of Arizona law. If Contractor operates with no employees, Contractor must provide the City with written proof Contractor has no employees. If employees are hired during the course of this Agreement, Contractor must procure worker’s compensations in accordance with Arizona law. 6.9.2 The Contractor shall maintain at all times during the term of this contract, a minimum amount of $1 million per occurrence/$3 million aggregate Commercial General Liability insurance, including Contractual Liability. For General Liability insurance, the City of Mesa, their agents, officials, volunteers, officers, elected officials or employees shall be named as additional insured, as evidenced by providing an additional insured endorsement. 6.9.3 Automobile liability, bodily injury and property damage with a limit of $1 million per occurrence including owned, hired and non-owned autos. 7. Requirements Contract. The Agreement does not guarantee any purchases will be made (minimum or maximum). Orders will only be placed when the City identifies a need and issues a purchase order or a written notice to proceed. The City reserves the right to cancel purchase prior to the time any product within the purchase order has been shipped; any such cancellation will be in writing. Should a purchase order or notice to proceed be canceled the City will not reimburse Contractor for any avoidable costs incurred after receipt of cancellation including, but not limited to, lost profits, shipment of product, or performance of services. 8. Notices. All notices to be given pursuant to the Agreement will be delivered to the Contractor as listed on Page 1 of this Agreement. Notice will be delivered pursuant to the requirements set forth the Mesa Standard Terms and Conditions that is attached to the Agreement as Exhibit C. 9. Representations of Contractor. To the best of Contractor’s knowledge, Contractor agrees that: a. Contractor has no obligations, legal or otherwise, inconsistent with the terms of the Agreement or with Contractor’s undertaking of the relationship with the City; b. Performance of the services called for by the Agreement do not and will not violate any applicable law, rule, regulation, or any proprietary or other right of any third party; c. Contractor will not use in the performance of Contractor’s responsibilities under the Agreement any proprietary information or trade secret of a former employer of its employees (other than City, if applicable); and d. Contractor has not entered into and will not enter into any agreement, whether oral or written, in conflict with the Agreement. 10. Mesa Standard Terms and Conditions. Exhibit C to the Agreement is the Mesa Standard Terms and Conditions as modified by the Parties, which are incorporated by reference into the Agreement as though fully set forth herein. In the event of any inconsistency between the terms of the Agreement and the Mesa Standard Terms and Conditions, the language of the Agreement will control. The Parties or a Party are referred to as a “party” or “parties” in the Mesa Standard Terms and Conditions. The Term is referred to as the “term” in the Mesa Standard Terms and Conditions. 11. Counterparts and Facsimile or Electronic Signatures. This Agreement may be executed in two (2) or more counterparts, each of which will be deemed an original and all of which, taken together, will Page 171 of 940 Page 6 of 272 constitute one agreement. A facsimile or other electronically delivered signature to the Agreement will be deemed an original and binding upon the Party against whom enforcement is sought. 12. Incorporation of Recitals and Exhibits. All Recitals and Exhibits to the Agreement are hereby incorporated by reference into the Agreement as if written out and included herein. In the event of any inconsistency between the terms of the body of the Agreement and the Exhibits, the language of the Agreement will control. Exhibits to this Agreement are the following: • (A) Scope of Work • (B) Pricing / (B-1) MSRP/Discount Lists • (C) Mesa Standard Terms and Conditions • (D) National IPA Documents 13. Attorneys’ Fees. The prevailing Party in any litigation arising out of the Agreement will be entitled to the recovery of its reasonable attorney’s fees, court costs, and other litigation related costs and fees from the other Party. 14. Additional Acts. The Parties agree to execute promptly such other documents and to perform such other acts as may be reasonably necessary to carry out the purpose and intent of the Agreement. 15. Headings. The headings of the Agreement are for reference only and will not limit or define the meaning of any provision of the Agreement. Page 172 of 940 Page 173 of 940 Page 8 of 272 EXHIBIT A SCOPE OF WORK 1. INTENT: It is the intent of the City of Mesa to enter into a contract with a supplier(s) for the purchase of Grounds Maintenance Equipment, Parts, Accessories, Supplies, Related Services and Equipment. Qualified suppliers must have the capability to provide these products in all respects, in accordance with the Contract documents and to the satisfaction of the City. 2. NATIONAL CONTRACT: The City of Mesa, as the Principal Procurement Agency, as defined in Exhibit D, has partnered with the National Intergovernmental Purchasing Alliance Company (“National IPA) to make the resultant contract (also known as the “Master Agreement” in materials distributed by National IPA) from this solicitation available to other public agencies nationally, including state and local governmental entities, public and private primary, secondary and higher education entities, non-profit entities, and agencies for the public benefit (“Public Agencies”), through National IPA’s cooperative purchasing program. The City of Mesa is acting as the contracting agency for any other Public Agency that elects to utilize the resulting Master Agreement. Use of the Master Agreement by any Public Agency is preceded by their registration with National IPA as a Participating Public Agency in National IPA’s cooperative purchasing program. Exhibit D contains additional information on National IPA and the cooperative purchasing agreement. National IPA is a channel partner with Vizient (formally, Novation). Together we leverage over $100 billion in annual spend to command the best prices on products and services. With corporate pricing and sales commitments from the Supplier, National IPA provides marketing and administrative support for the Supplier that directly promotes the Supplier’s products and services to Participating Public Agencies through multiple channels, each designed to promote specific products and services to Public Agencies on a national basis. Public Agencies benefit from pricing based on aggregate spend and the convenience of a contract that has already been advertised and competed. The Supplier benefits from a contract that allows Participating Public Agencies to directly purchase goods and services without the Supplier’s need to respond to additional competitive solicitations. As such, the Supplier must be able to accommodate a nationwide demand for services and to fulfill obligations as a Nationwide Supplier and respond to the National IPA documents (Exhibit D). The City of Mesa anticipates spending approximately $550,000.00 over the term of the contract for Grounds Maintenance Equipment, Parts, Accessories, Supplies, Related Services and Related Equipment. While no minimum volume is guaranteed to the Supplier, the estimated annual volume of Grounds Maintenance Equipment, Parts, Accessories, Supplies, Related Services and Related Equipment purchased under the Master Agreement through National IPA is approximately $35 million. This projection is based on the current annual volume through the City of Mesa, other Participating Public Agencies that are anticipated to utilize the resulting Master Agreement to be made available to them through National IPA and volume growth into other Public Agencies through a coordinated marketing approach between the Supplier and National IPA. 3. GENERAL REQUIREMENTS: A. QUALIFIED FIRMS: Contractor should meet the minimum qualifications; 1. Be an authorized distributor or manufacturer. 2. Have a strong national presence in the grounds maintenance equipment industry. 3. Have a distribution model capable of delivering products nationwide. 4. Have a demonstrated sales presence. 5. Be able to meet the minimum requirements of the cooperative purchasing program detailed herein. Page 174 of 940 Page 9 of 272 6. Be able to provide the full range of equipment and services to meet the demands of the City and all agencies that opt to participate in the cooperative purchasing program with the City. B. WAREHOUSING, DISTRIBUTION AND SALES FACILITIES: The product specified in this Contract is dependent upon an extensive manufacturer-to-customer supply chain distribution system. In order to be considered for award, each potential contractor is required to provide proof of an extensive distribution system. 1. Describe how your firm proposes to distribute the equipment, accessories, parts and provide services nationwide. Toro has 22 commercial distributors nationwide that handle product fulfillment to customers. These are in the form of distributors that work primarily with our Commercial Division equipment (golf and grounds) with exclusive territories, and hundreds of dealers that sell our Landscape Contractor (LCE), irrigation and Siteworks System (SWS), and BOSS snow products. Most of the distributors cover several states and have multiple offices. For instance; Simpson Norton Corporation, that services the City of Mesa, has offices in Goodyear, AZ; North Las Vegas, NV; and Albuquerque, NM. Toro Commercial products are manufactured in Tomah, Wisconsin and aggregated at our distribution center, also located in Tomah, for shipment to distribution. All of our distributors keep an inventory of products in local stock and can expect new shipments from Tomah within 6 - 30 days. The distributors then conduct any set-up and checkout of the products prior to shipment. Each distributor has exclusive and protected territory to sell Toro Commercial products to end users. Please refer to the Toro Distributor Listing attached for a listing of distributors and contacts. 2. Identify all other companies/distributors/dealers or wholly owned subsidiaries that will be involved in processing, handling or shipping the products/services to Participating Public Agencies. Our distributors and dealers handle the sales, order processing, fulfillment, billing, and all service work associated with Toro products. 3. Provide the number, size and location of your firm’s manufacturing, distribution facilities, warehouses, service facilities and retail networks as applicable. State the estimated dollar value of your inventory. All of Toro's Commercial products are manufactured in Tomah, WI and shipped from our warehouse in Tomah to distribution. Distributors' facilities range in size depending on the services offered at the facility such as sales, service, parts etc. Toro Commercial channel has over 100 offices nationally ranging in size from 10,000 square feet to 150,000 square feet. 4. Identify the supplier(s) and their business location(s) that will service the City of Mesa’s account. Typically equipment is setup and delivered to customer’s designated delivery location 2 – 30 business days after receipt of the purchase order. Delivery times vary based on the type of equipment. Any delivery dates noted on the customer’s PO are honored. If for some reason a deadline cannot be met, the salesperson will work closely with the customer to find a mutual solution. A Certificate of Delivery accompanies each piece of new Toro equipment. (See copy attached). The customer retains a copy along with a binder including operator and parts manuals along with any other documentation pertaining to that specific piece of equipment. Updates for delivery dates are communicated by the salesperson. 5. Describe your dealer network and their role in providing products, services, etc. under the contract. Simpson Norton Corporation has been a distributor for Toro equipment in Arizona since 1957. Their business is located in Goodyear, Arizona. There are four in-field technicians Page 175 of 940 Page 10 of 272 that cover the Phoenix metro area, including the City of Mesa. There is a complete service shop with four bays located at the corporate office in Goodyear. Shelly Spencer – Sports Fields and Grounds Manager for Simpson Norton Corporation. Shelly will be the main contact person for the City of Mesa. Shelly is responsible for all contracts offered by the Simpson Norton Corporation. She processes all orders and purchase orders. Fred Balzarini-Territory Manager is the salesman for the City of Mesa. Fred will provide the City of Mesa with equipment recommendations, quotes and training on new equipment. In-Field service technicians will be dispatched as needed for any service/warranty needs C. WARRANTY: Contractor shall warrant that all equipment and parts labeled as new and furnished in their bid/offer are newly manufactured and free from defects in material and workmanship for no less than one (1) year from the date the equipment is delivered or installed. Warranty shall also guarantee accepted trade standards of quality, fitness for the intended uses, and conformance to promises or specified specifications. No other express or implied warranty shall eliminate the vendor’s liability as stated herein. 1. Detail any warranty and extended warranty programs available for both equipment and parts. If warranty agreements are required, please submit them, subject to negotiation by the City. Toro's standard Commercial Products Warranty states that "Your Toro Commercial product will be free from defects in materials or workmanship for two years or 1500 operational hours, whichever occurs first. Where a warrantable condition exists, we will repair the Product at no cost to you including diagnosis, labor, parts and transportation." Our standard Commercial Parts Warranty states 'your Toro Commercial Part to be free from defects in material or workmanship for ninety days, 1 year for complete engines." You can also purchase additional protection for your products through Toro Protection Plus (TPP). These are optional programs designed to provide you with budget protection and security after the initial 2 year warranty period. You can elect the Drive Train Protection or the Comprehensive Protection., Drive Train Protection: This program covers the engine, transmission/transaxle including; hydrostatic pumps, valves and motors; drive axles/drive assemblies including; all parts contained in the drive axle, PTO housing, 4-wheel drive assemblies, hydraulic drive pumps, valves, steel lines and motors within the frame. Comprehensive Protection: This program covers all operational parts and assemblies for your mower, vehicle or other machinery against mechanical breakdown. The items not covered are; normal maintenance items, tune-ups, tires, batteries, blades, belts and hoses. Used Equipment Qualified used equipment can be covered with Toro Protection Plus Pre-owned. See Warranty documents as follows: Page 176 of 940 Page 11 of 272 Page 177 of 940 Page 12 of 272 D. MAINTENANCE FACILITIES: The equipment specified in this contract is dependent upon the availability of prompt professional service. In order to be considered for award, each potential contractor, or its dealers and/or distributors, is/are required to have existing maintenance facilities with sufficient parts inventory and trained technicians experienced in providing quality service on the equipment specified. Maintenance facilities are subject to inspection by the City to determine adequacy. E. VENDOR PARTS AND SERVICE: The Contractor or its dealers and/or distributors will maintain a factory authorized parts and service facility for normal and warranty service. The Contractor shall encourage its dealers and/or distributors to be capable of providing parts within twenty-four (24) hours and shall be capable of being on site to respond to service requests within twenty-four (24) hours unless otherwise communicated and accepted by City or Participating Agency. F. CATALOGS: Within ten (10) days after contract award and after request from City staff, Contractor must submit complete price lists and catalogs of their product line in hard copy and on CD. Upon request from a using agency, Contractor shall provide, at no cost, these catalogs and price lists. G. MODIFICATIONS OF TERMS: Participating Agencies commonly require a modification to a term of the Contract (e.g. governing law). The awarded Supplier and Participating Agencies may agree to modify terms on any specific purchase by a Participating Agency without being in conflict with the Contract 4. PRODUCT REQUIREMENTS: A. PRODUCTS: The Products to be included in this contract are as follows: Toro offers a full line of mowing equipment from 21" rotary mowers to rotary mowers with up to 16' width of cut, reel mowers, aeration equipment, sprayers, debris removal equipment, material handling, greens rollers, zero turn mowers, four wheel steer mowers, snow removal attachments, compact utility loaders, and utility vehicles to meet the needs of any golf course, park, sports field and general grounds maintenance. See attached brochures. 1. SPORTS FIELDS AND GROUNDS EQUIPMENT: A complete and comprehensive line of new unused Sports Fields and Grounds Equipment of the latest design and technology to include, but not limited to, mowing equipment, utility vehicles, spraying equipment, and turf cultivation equipment. Toro offers a complete and comprehensive line of new unused Sports Fields and Grounds Equipment of the latest design and technology to include, but not limited to, mowing equipment, utility vehicles, spraying equipment, and turf cultivation equipment. 2. GOLF COURSE MAINTENANCE EQUIPMENT: A complete and comprehensive line of new unused Golf Course Maintenance Equipment of the latest design and technology to include, but not be limited to, mowing equipment, utility vehicles, spraying equipment, renovation and utility equipment and turf cultivation equipment. Toro offers a complete and comprehensive line of new unused Golf Course Maintenance Equipment of the latest design and technology to include, but not be limited to, mowing equipment, utility vehicles, spraying equipment, renovation and utility equipment and turf cultivation equipment. 3. RELATED EQUIPMENT PARTS: A complete and comprehensive line of Original Equipment Manufacturer (OEM) Sports Fields and Grounds Equipment Parts and Golf Course Maintenance Equipment Parts. Toro provides a complete and comprehensive line of Original Equipment Manufacturer (OEM) Sports Fields and Grounds Equipment Parts and Golf Course Maintenance Equipment Parts. 4. USED EQUIPMENT: Provide access to quality used equipment. Page 178 of 940 Page 13 of 272 Each of our distributors provide access to quality used and demonstrator (demo) equipment. (Quantities and products are based on availability.) 5. BALANCE OF LINE: Contractor may offer their balance of line for ground maintenance equipment items and accessories. The City reserves the right to accept or reject any or all balance of line items offered. We are also including our Golf Irrigation, Residential Commercial Irrigation, Landscape Contractor, Site Works Systems, and BOSS equipment lines with our proposal. B. CURRENT PRODUCTS: All products being offered in response to this contract and labeled as new shall be in current and ongoing production; shall be formally announced for general marketing purposes; shall be a model or type currently functioning in a user (paying customer) environment and capable of meeting or exceeding all specifications and requirements set forth in this contract. C. DEFECTIVE PRODUCT: All defective products shall be replaced and exchanged by the Contractor. The cost of transportation, unpacking, inspection, re-packing, re-shipping or other like expenses shall be paid by the Contractor. All replacement products must be received by the City within seven (7) days of initial notification unless otherwise communicated and accepted by the City or Participating Agency. D. EQUIPMENT/RECALL NOTICES: In the event of any recall notice, technical service bulletin, or other important notification affecting equipment purchased from this contract, a notice shall be sent to the Contract Representative. It shall be the responsibility of the contractor to assure that all recall notices are sent directly to the agencies Contract Representative. E. EQUIPMENT STANDARDS AND GUIDELINES: All riding equipment must comply with appropriate ASAE (American Society of Agricultural Engineers – www.asae.org), SAE (Society of Automotive Engineers – www.sae.org) and OSHA (Occupational Safety and Health Administration – www.osha.org) standards for roll-over protection. All vehicles must comply with appropriate ANSI (American National Standards Institute – www.ansi.org) standards as related to operation on slopes. F. SAFETY STANDARDS: The Contractor shall certify that the equipment being offered is designed and includes operating features that comply with the safety standard promulgated under the Federal Occupational Safety and Health Act (OSHA). During the term of this Contract, should there be modifications in federal and/or state laws and regulations regarding safety standards or other specifications and marketing procedures for the contracted item(s), the City of Mesa reserves the right to amend the Contract to provide for the delivery of items which conform to such changes. As a result, the City will negotiate any necessary price changes with the Contractor. Should negotiations fail the City may cancel the Contract for the affected items. G. SAMPLE EQUIPMENT SPECIFICATIONS (ATTACHMENT C): For each Item/Minimum Requirement, indicate “yes” or “no” under Comply. If you do not meet the Item/Minimum Requirement, indicate so in the “Exception” column and provide an explanation on why you don’t meet the requirement. Any deviations from the minimum requirements must be clearly presented on the table or in an attached letter. The intent of the sample equipment specifications is to establish a baseline to compare equipment of similar commercial quality, function and purpose as well as provide a comparison of pricing offered. Equipment offered under this section will not be rejected for non-compliance with the specifications, but will be used to assist the evaluation committee in assessing comparable equipment offered for this contract. The sample equipment listed is representative of the possible equipment the City foresees replacing during the life of the contract. As such, submit pricing as requested on the Price Page. Submit with your offer the recommended preventative maintenance program (PMP) for each of the sample equipment specified below. Identify all parts/materials/supplies (provide part Page 179 of 940 Page 14 of 272 numbers) necessary to complete the PMP as well as the unit pricing of each. Provide the expected useful life and salvage value for each piece of equipment. Provide a list and per unit price of typical repair parts replaced during a piece of equipment’s useful life. In addition, submit life cycle costing information based on 2,000 annual hours of service. 5. SERVICE REQUIREMENTS: The Contract will include, but are not limited to the following. A. FINANCING: Describe financing options available such as lease programs and conditional sales contracts. 1. Describe any government rebate programs that are offered. State and local governments may develop programs to incent their constituents to purchase alternative fuel products. Each agency would need to inquire with their state or local government agency to determine any current program. Toro will work with each agency to provide the required product for the rebate offered. B. TRADE-INS: Describe in detail the proposed trade-in program. C. SAFETY: All vendors performing services for the City or cooperative agencies are required and shall comply with all Occupational Safety and Health Administration (OSHA), State and County Safety and Occupational Health Standards and any other applicable rules and regulations. The supplier shall be held responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site area under this contract. D. TRAINING: The Contractor shall provide training for City of Mesa and other participating agency operators and service technicians at no cost to the City or agency. The Contractor will provide the following training for each equipment purchase: • Vehicle/equipment operators will be trained in the operation of all machine functions, including operator preventive maintenance. • Technicians will be trained in all operator functions, and in-depth preventive maintenance, troubleshooting and repair for all machine systems and components. • The trainer shall be factory-trained and thoroughly knowledgeable in subjects to be taught. 2. Describe how equipment training will be conducted. The Toro Company offers in-depth factory training at a reasonable cost to the end user. This training takes place at Toro’s headquarters in Bloomington, MN. The dates vary year by year. Simpson Norton’s salesperson can discuss these offerings as they are made available by The Toro Company. Local training is offered by Simpson Norton and the educational content varies depending on the end user’s needs. Group training is offered by Simpson Norton each year. Dates and cost of training vary from year to year. Simpson Norton offers training Monday-Friday during normal business hours (excludes holidays). Certificates of completion are issued to each attendee after completion of training classes. 3. Describe the training curriculum for the equipment operators. All new and used equipment delivered to the customer includes one-on-one or group training provided by the salesperson and service staff. Operator safety training for all product is offered in one or more of the following media: DVD, online video or paper manual, and provided with each new piece of equipment. 4. Describe the training curriculum for the service technicians. The Toro World Headquarters offers factory training, including a Turf Technician Course. Topics include the following: • Cutting Unit Technology: Cutting unit set-up and adjustments Page 180 of 940 Page 15 of 272 • Traction Units: Electronic and hydraulic systems diagnostics, troubleshooting and testing • Tier4 Engine Systems: Overview of why and how they work • Spray Systems: Components, operation and calibration • Preventive maintenance systems, myTurf, TLC, Parts, and Toro Information Systems • Open forum and a tour of Toro’s development and testing labs 5. How will you accommodate various work shifts? Simpson Norton offers training Monday-Friday during normal business hours (excludes holidays). Additional arrangements can be accommodated upon request. 6. What type of documentation is provided with the proposed training? Operator manuals, repair manuals, etc. are provided with each new piece of equipment. Certificates of completion are issued to each attendee after completion of training classes. E. DELIVERY: For City of Mesa purchases, equipment shall be delivered to various City of Mesa locations. All deliveries shall be made Monday through Thursday from 8:00 a.m. to 1:00 p.m., Mountain Standard Time. The Contractor shall be required to give the City a minimum of twenty-four (24) hour notice prior to delivery with the anticipated time of delivery and quantity of units to be delivered. The following documents are due upon delivery to the City or participating agency: 1. M.S.O. (Manufacturer Statement of Origin) 2. Warranty document 3. Required manuals 4. Title F. REPAIR SERVICES: The ability to provide repair services through authorized manufacturer’s facilities or other avenues. 1. Provide detailed information explaining your service capabilities. Toro utilizes our channel partners to provide service and support to our end user customers. For our Commercial division we have 22 distributors in the United States with many satellite offices to meet your needs. They have protected territories which allows them to make significant investments in their facilities and people to support the equipment and services they provide. The Toro Company provides technical assistance and support to our distributor operations teams. This includes troubleshooting equipment issues, providing updates to equipment, issuing service bulletins, working through warrantee issues, implementing performance standards and measurements, providing on-site support when needed for product quality concerns and developing action plans for improvement. We have processes in place to help our channel partners exceed the needs of our customers developed through our 100 years of experience. These include monitoring our customers opinion of our service and developing improvements as necessary to achieve Customer Satisfaction Index scores above 9. 2. Provided detailed information explaining the service capabilities of your authorized dealers. Simpson Norton’s service area covers the entire State of Arizona, New Mexico, Las Vegas, NV (Clark County) and parts of western Texas including El Paso and surrounding communities. Simpson Norton has a fleet of in-field repair trucks that will Page 181 of 940 Page 16 of 272 perform repair services on equipment at job site for both warranty and non-warranty repairs. Our Goodyear facility staffs seven full-time service technicians and staffs two full-time service technicians in our Las Vegas facility. Simpson Norton has two full-time in-field techs that reside in New Mexico. All Toro’s Commercial distributors nationally have similar capabilities and resources. 3. Describe the maintenance programs offered. If a maintenance program is selected by the City, will your firm provide a loaner or rental machine if the machine is down for more than twenty-four (24) hours. Our distributors may offer a variety of maintenance programs depending on the need of the customer. These range from Time and Materials type services, Preventive maintenance contracts, Full Service maintenance contracts that include preventive maintenance and repairs. These programs are priced based on the specific needs of the customer, equipment age and condition. The distributor can provide pricing for these programs on a local level. Our distributors try to accommodate customers with a loaner when equipment is down. 4. Describe your preventative maintenance program (PMP) for each of the sample equipment. Provide the expected useful life and salvage value for each piece of equipment. Provide a list and per unit price of typical repair parts replaced during a piece of equipment’s useful life. In addition, submit life cycle costing information based on 2,000 annual hours of service. Our experience shows that annual usage for the Southwest part of the United States is about 800 hours per year. Usage of equipment such as utility vehicles and bunker rakes is much less than that. We have included our preventive maintenance schedules and typical replacement parts such as filters and best for each of the pieces identified in Attachment C. As far as useful life and salvage value, there are so many variables that go along with this that it is difficult to provide information. It is dependent on how you operate the equipment, the conditions in which you operate and the maintenance practices performed. We will note that Toro equipment typically has a higher residual value for off-lease items than our competitors. G. CUSTOMER SUPPORT SERVICES: The policies on replacements, returns, restocking charges, after hours service, after sales support, out of stock, order tracing, technical feedback, quality assurance for orders and drop shipments. Page 182 of 940 Page 17 of 272 EXHIBIT B PRICING 1. Describe in detail the proposed business pricing model(s). Include all pertinent details (formulas, definitions, data, audit criteria, etc.) to explain the benefits of the proposed model. Discuss how a participating agency will be able to verify (audit) that the net pricing received conforms to the model. We have six Business Units represented in this proposal. 1. The Toro Commercial Division pricing will be 21.8% off current MSRP of all wholegoods, attachments and accessories. o For the City of Mesa, the Parts Program will consist of offering discounts on high usage parts such as belts, filters, tires, etc. The discount on these ‘Performance Parts’ varies by product group but ranges up to 50% off retail. These prices are reflected in the Parts pricing in Attachment A 2. The Toro Landscape Contractor Equipment (LCE) Division pricing will be 27% off current MSRP for their landscape contractor wholegoods, attachments and accessories. 3. The Toro Siteworks Systems Division (SWS) pricing will be 17% off current MSRP for wholegoods, attachments and accessories. 4. Golf Irrigation will be 40% off MSRP for all wholegoods, attachments and accessories. 5. Residential Commercial Irrigation will be: o Irritrol; 40% off MSRP on wholegoods, attachments and accessories. o Rainmaster: 17% to 30% off MSRP on wholegoods, attachments and accessories. o ResCom : 40% off MSRP on Wholegoods, attachments and accessories. o Sentinel: 30% off MSRP on wholegoods, attachments and accessories. 6. BOSS: 25% off MSRP on wholegoods, attachments and accessories. We request that our dealers and/or distributors have the ability to add attachments and accessories designed for use on Toro products but manufactured by a third party. These are items such as snow throwers, snow blades and brooms that attach to our products for use in the winter months. Each manufacturer of these products provides their own pricing, our pricing would not exceed the manufacturer list price. If there were any shipping and/or setup costs incurred by the dealer these would be added to the cost of the product. Used and Demonstrator Equipment: Preowned and Demonstrator equipment is available from our distributors and dealers and pricing is based on Fair Market Value. The FMV of used and demo equipment is based on a combination of factors from true leasing which sets residual buyouts to hours, condition, age of equipment and current market pricing for like items. Our distributors typically publish a list of available equipment including the pricing. Financing and leasing: Tax-exempt financing and leasing is a tool that municipalities can use to spread the cost of capital equipment acquisitions over the life of the assets being financed. Toro has contractual relationships with three finance companies that compete for your business. These are PNC, TCF, and DLL. Because of these relationships we have developed documents to help stream line the process for our tax exempt customers. This includes the credit application, approval, and non-appropriation language. This nationwide team of finance professionals has an in-depth understanding of tax-exempt financing. Based on tax-exempt pricing ($1 purchase option at end of lease term), the monthly lease rate is indexed to a spread not to exceed 450 basis points (BPS) over the like term US treasuries (as published by the US Federal Reserve Statistical Release H.15). Individual transaction pricing will be priced to the market based on specific transaction details. Page 183 of 940 Page 18 of 272 For Fair Market Value (FMV) leases, terms from three to five years will be available. The monthly payments will not exceed 3.5% of the award price (at 600 hours per year of use). Alternative hours and payment terms (skip pays, annual pays, etc.) can be quoted by one of our financing partners. At the end of the lease (assuming all terms and conditions of the lease have been met), the equipment may be returned (subject to turn-in requirements identified in the lease documents), renewed for an additional time, on mutually agreeable terms between the parties, or purchased at the then, fair market value of the equipment. Included in this proposal is a hard copy of Toro’s current MSRP for each divisions products. Electronic copies will also be provided. Any product, attachments and accessory that is on these spreadsheet is available for the stated discounts. This price model provides an aggressive discount to end users and is easy to calculate through a discount on MSRP. We have many products that we typically do not discount, we refer to these as proprietary products, but with this contract we discount all products with the same aggressive pricing to provide customers with the aggressive pricing but also make pricing and auditing more efficient for all parties. We will provide the City of Mesa and National IPA with current copies of our MSRP pricing so customers can verify through a third party. For Commercial, we also have a pricing system called iQuote that we load pricing from Toro and is used by all distributors to calculate pricing. This ensures the correct pricing at each location. Here is an example of this quoting system. 2. The City’s expectation is that the proposed pricing shall include delivery to Mesa and Participating Public Agencies. Based on your distribution network, explain the impact of such pricing to the City, Participating Public Agencies residing in large metropolitan areas and Participating Public Agencies residing in rural areas. Propose an optimal solution(s) that would provide Participating Public Agencies with the best pricing including freight costs. The Pricing to the City of Mesa includes set-up and delivery of wholegoods, attachments and accessories. It will be the determination of each of our distributors if they want to charge set-up and delivery fees for orders from other Participating Public Agencies. This pricing strategy allows us to provide a more aggressive price on wholegoods, attachments and accessories. Page 184 of 940 Page 19 of 272 3. The discount structure provided by the supplier is intended to remain constant throughout the term of the Contact. Discuss how often price lists are updated and provide a listing of price list changes that have taken place over the last three (3) years. Discuss any known future price list changes or industry changes that will effect pricing over the next Five (5) years. Toro typically has changes to our MSRP lists once per year. As our fiscal year starts on November 1, we plan our annual changes for that date. Our goal is to keep our price increases to a minimum to remain competitive in this market. For 2017 we have implemented an average price increase of 1.3%. On occasion, we have to veer from this plan as economic forces cause our costs to change more dramatically than anticipated. We do provide at least a 30-day notice to our distributors that these changes are occurring. Over the past 3 years we have been able to hold to our plan of once per year price change. There are other factors that also impact our pricing. The federal government mandated changes to emissions, known as Tier 4, this has significantly impact pricing on our diesel, non-road, 25 – 74 horsepower products starting in 2013. These price increases have ranged from 10 – 20% depending on product but Toro’s products have all transitioned to the Tier 4 Final engines and are therefore reflected in the current pricing. 4. State if pricing is most favorable offered to government agencies. Describe how your firm will ensure this contract will continually offer the best pricing available to Participating Public Agencies. Pricing is most favorable offered for contracts of this scope. We are continuously provided with feedback from field sales representatives concerning the price/value paradigm versus our competition. We evaluate this balance and make changes to pricing as needed to remain competitive. Toro also strongly believes in reducing cost through our processes and utilize Six Sigma Continuous Improvement Tools such as Kaizens, Lean Manufacturing, Process Mapping and D.M.A.I.C. (Define, Measure, Analyze, Implement, Control). Every year Toro establishes dollar values goals to Continuous Improvement and tracks and reports our progress against these goals. These procedures allow us to control costs which means controlling price increases to our customers. In the end, our customers make the “Best Value” judgement and buy those products they consider “Best Value”. If we determine we are no longer “Best Value” at current pricing we will request changes to pricing. 5. Provide details of and propose additional discounts for volume orders, special manufacturer’s offers, minimum order quantity, free goods program, total annual spend, etc. As an added incentive for volume purchases (single purchase order), Toro distributors may provide the following Smart Value Program. This program provides the customer with a level of dollars available to be used to purchase additional whole goods, accessories, attachments, parts or extended warrantee based on the volume of purchase according to the following scale. Purchases at Retail Available Dollars $150,000 - $199,999 $4,500 $200,000 - $249,999 $6,000 $250,000 - $299,999 $10,000 $300,000 - $349,999 $12,000 $350,000 - $399,999 $14,000 $400,000 - $449,999 $16,000 $450,000 - $499,999 $18,000 $500,000 - $549,999 $20,000 $550,000 - $599,999 $22,000 $600,000 - $649,999 $24,000 $650,000 - $699,999 $26,000 $700,000 - $749,999 $28,000 $750,000 - $799,999 $30,000 $800,000 - $849,999 $32,000 $850,000 - $899,999 $34,000 Page 185 of 940 Page 20 of 272 $900,000 + $36,000 6. Provide information on any ordering methods – such as electronic ordering or payment via pCard or EFT – or other criteria which entitle the using agency to additional discounts off of a manufacturer’s price list. If so, please provide the percentage discount. Orders can be faxed, mailed or emailed. pCards and EFT can be accepted. All pricing is at users net. 7. Provide your payment terms. These payment terms shall apply to all purchases and to all payment methods. Payment terms are 0% 30 days for cash/check payments and EFT payments only. Page 186 of 940 Page 21 of 272 Page 187 of 940 Page 22 of 272 Page 188 of 940 Page 254 of 272 EXHIBIT C MESA STANDARD TERMS AND CONDITIONS 1. INDEPENDENT CONTRACTOR. It is expressly understood that the relationship of Contractor to the City will be that of an independent contractor. Contractor and all persons employed by Contractor, either directly or indirectly, are Contractor’s employees, not City employees. Accordingly, Contractor and Contractor’s employees are not entitled to any benefits provided to City employees including, but not limited to, health benefits, enrollment in a retirement system, paid time off or other rights afforded City employees. Contractor employees will not be regarded as City employees or agents for any purpose, including the payment of unemployment or workers’ compensation. If any Contractor employees or subcontractors assert a claim for wages or other employment benefits against the City, Contractor will defend, indemnify and hold harmless the City from all such claims. 2. SUBCONTRACTING. Contractor may not subcontract work under this Agreement without the express written permission of the City. If Contractor has received authorization to subcontract work, it is agreed that all subcontractors performing work under the Agreement must comply with its provisions. Further, all agreements between Contractor and its subcontractors must provide that the terms and conditions of this Agreement be incorporated therein. Notwithstanding the foregoing, City acknowledges that products and services subject to this agreement are provided by Contractor’s dealers and/or distributors, which are independent businesses and set their own prices. Contractor has no authority to set prices for its dealers and/or distributors and no authority to require them to provide goods or services subject to this Agreement. Contractors dealers and distributors that agree to utilize this agreement also agree to abide by the pricing and terms and conditions set within. 3. ASSIGNMENT. This Agreement may not be assigned either in whole or in part without first receiving the City’s written consent. Any attempted assignment, either in whole or in part, without such consent will be null and void and in such event the City will have the right at its option to terminate the Agreement. No granting of consent to any assignment will relieve Contractor from any of its obligations and liabilities under the Agreement. 4. SUCCESSORS AND ASSIGNS, BINDING EFFECT. This Agreement will be binding upon and inure to the benefit of the parties and their respective permitted successors and assigns. 5. NO THIRD PARTY BENEFICIARIES. This Agreement is intended for the exclusive benefit of the parties. Nothing set forth in this Agreement is intended to create, or will create, any benefits, rights, or responsibilities in any third parties. 6. NON- EXCLUSIVITY. The City, in its sole discretion, reserves the right to request the materials or services set forth herein from other sources when deemed necessary and appropriate. No exclusive rights are encompassed through this Agreement. 7. AMENDMENTS. There will be no oral changes to this Agreement. This Agreement can only be modified in a writing signed by both parties. No charge for extra work or material will be allowed unless approved in writing, in advance, by the City and Contractor. 8. TIME OF THE ESSENCE. Time is of the essence to the performance of the parties’ obligations under this Agreement. 9. COMPLIANCE WITH APPLICABLE LAWS. a. General. Contractor must procure all permits and licenses, and pay all charges and fees necessary and incidental to the lawful conduct of business. Contractor must stay fully informed of existing and future federal, state, and local laws, ordinances, and regulations that in any manner affect the fulfillment of this Agreement and must comply with the same at its own expense. Contractor bears full responsibility for training, safety, and providing necessary equipment for all Contractor personnel to achieve throughout the term of the Agreement. Upon request, Contractor will demonstrate to the City's satisfaction any programs, procedures, and other activities used to ensure compliance. Page 189 of 940 Page 255 of 272 b. Drug-Free Workplace. Contractor is hereby advised that the City has adopted a policy establishing a drug-free workplace for itself and those doing business with the City to ensure the safety and health of all persons working on City contracts and projects. Contractor will require a drug-free workplace for all Contractor personnel working under this Agreement. Specifically, all Contractor personnel who are working under this Agreement must be notified in writing by Contractor that they are prohibited from the manufacture, distribution, dispensation, possession, or unlawful use of a controlled substance in the workplace. Contractor agrees to prohibit the use of intoxicating substances by all Contractor personnel, and will ensure that Contractor personnel do not use or possess illegal drugs while in the course of performing their duties. c. Federal and State Immigration Laws. Contractor agrees to comply with the Immigration Reform and Control Act of 1986 (IRCA) in performance under this Agreement and to permit the City and its agents to inspect applicable personnel records to verify such compliance as permitted by law. Contractor will ensure and keep appropriate records to demonstrate that all Contractor personnel have a legal right to live and work in the United States. i. As applicable to Contractor, under the provisions of A.R.S. § 41-4401, Contractor hereby warrants to the City that Contractor and each of its subcontractors will comply with, and are contractually obligated to comply with, all federal immigration laws and regulations that relate to their employees and A.R.S. § 23-214(A) (hereinafter “Contractor Immigration Warranty”). ii. A breach of the Contractor Immigration Warranty will constitute as a material breach of this Agreement and will subject Contractor to penalties up to and including termination of this Agreement at the sole discretion of the City. iii. The City retains the legal right to inspect the papers of all Contractor personnel who provide services under this Agreement to ensure that Contractor or its subcontractors are complying with the Contractor Immigration Warranty. Contractor agrees to assist the City in regard to any such inspections. iv. The City may, at its sole discretion, conduct random verification of the employment records of Contractor and any subcontractor to ensure compliance with the Contractor Immigration Warranty. Contractor agrees to assist the City in regard to any random verification performed. v. Neither Contractor nor any subcontractor will be deemed to have materially breached the Contractor Immigration Warranty if Contractor or subcontractor establishes that it has complied with the employment verification provisions prescribed by Sections 274A and 274B of the Federal Immigration and Nationality Act and the E-Verify requirements prescribed by A.R.S. § 23-214 (A). d. Nondiscrimination. Contractor represents and warrants that it does not discriminate against any employee or applicant for employment or person to whom it provides services because of race, color, religion, sex, national origin, or disability, and represents and warrants that it complies with all applicable federal, state, and local laws and executive orders regarding employment. Contractor and Contractor’s personnel will comply with applicable provisions of Title VII of the U.S. Civil Rights Act of 1964, as amended, Section 504 of the Federal Rehabilitation Act, the Americans with Disabilities Act (42 U.S.C. § 12101 et seq.), and applicable rules in performance under this Agreement. e. State Sponsors of Terrorism Prohibition. Per A.R.S. § 35-392, Contractor must not be in violation of section 6(j) of the Federal Export Administration Act and subsequently prohibited by the State of Arizona from selling goods of services to the City. 10. SALES/USE TAX, OTHER TAXES. a. Contractor is responsible for the payment of all taxes including federal, state, and local taxes related to or arising out of Contractor’s services under this Agreement, including by way of illustration but not limitation, federal and state income tax, Social Security tax, unemployment Page 190 of 940 Page 256 of 272 insurance taxes, and any other taxes or business license fees as required. If any taxing authority should deem Contractor or Contractor employees an employee of the City, or should otherwise claim the City is liable for the payment of taxes that are Contractor’s responsibility under this Agreement, Contractor will indemnify the City for any tax liability, interest, and penalties imposed upon the City. b. The City is exempt from paying certain federal excise taxes and will furnish an exemption certificate upon request. The City is not exempt from state and local sales/use taxes. 11. AMOUNTS DUE THE CITY. Contractor must be current and remain current in all obligations due to the City during the performance of services under the Agreement. Payments to Contractor may be offset by any delinquent amounts due the City or fees and charges owed to the City. 12. PUBLIC RECORDS. Contractor acknowledges that the City is a public entity, subject to Arizona’s public records laws (A.R.S. § 39-121 et. seq.) and that any documents related to this Agreement may be subject to disclosure pursuant to state law in response to a public records request or to subpoena or other judicial process. 12.1. If Contractor believes document related to the Agreement contains trade secrets or other proprietary data, Contractor must notify the City and include with the notification a statement that explains and supports Contractor’s claim. Contractor also must specifically identify the trade secrets or other proprietary data that Contractor believes should remain confidential. 12.2. In the event the City determines it is legally required to disclose pursuant to law any documents or information Contractor deems confidential trade secrets or proprietary data, the City, to the extent possible, will provide Contractor with prompt written notice by certified mail, fax, email or other method that tracks delivery status of the requirement to disclose the information so Contractor may seek a protective order from a court having jurisdiction over the matter or obtain other appropriate remedies. The notice will include a time period for Contractor to seek court ordered protection or other legal remedies as deemed appropriate by Contractor. If Contractor does not obtain such court ordered protection by the expiration of said time period, the City may release the information without further notice to Contractor. 13. AUDITS AND RECORDS. Contractor must preserve the records related to this Agreement for six (6) years after completion of the Agreement. The City or its authorized agent reserves the right to inspect any records related to the performance of work specified herein. In addition, the City may inspect any and all payroll, billing or other relevant records kept by Contractor in relation to the Agreement. Contractor will permit such inspections and audits during normal business hours and upon reasonable notice by the City. The audit of records may occur at Contractor’s place of business or at City offices, as determined by the City. 14. BACKGROUND CHECK. The City may conduct criminal, driver history, and all other requested background checks of Contractor personnel who would perform services under the Agreement or who will have access to the City’s information, data, or facilities in accordance with the City’s current background check policies. Any officer, employee, or agent that fails the background check must be replaced immediately for any reasonable cause not prohibited by law. 15. SECURITY CLEARANCE AND REMOVAL OF CONTRACTOR PERSONNEL. The City will have final authority, based on security reasons: (i) to determine when security clearance of Contractor personnel is required; (ii) to determine the nature of the security clearance, up to and including fingerprinting Contractor personnel; and (iii) to determine whether or not any individual or entity may provide services under this Agreement. If the City objects to any Contractor personnel for any reasonable cause not prohibited by law, then Contractor will, upon notice from the City, remove any such individual from performance of services under this Agreement. 16. DEFAULT. a. A party will be in default if that party: Page 191 of 940 Page 257 of 272 i. Is or becomes insolvent or is a party to any voluntary bankruptcy or receivership proceeding, makes an assignment for a creditor, or there is any similar action that affects Contractor’s capability to perform under the Agreement; ii. Is the subject of a petition for involuntary bankruptcy not removed within sixty (60) calendar days; iii. Conducts business in an unethical manner as set forth in the City Procurement Rules Article 7 or in an illegal manner; or iv. Fails to carry out any term, promise, or condition of the Agreement. b. Contractor will be in default of this Agreement if Contractor is debarred from participating in City procurements and solicitations in accordance with Article 6 of the City’s Procurement Rules. c. Notice and Opportunity to Cure. In the event a party is in default then the other party may, at its option and at any time, provide written notice to the defaulting party of the default. The defaulting party will have thirty (30) days from receipt of the notice to cure the default; the thirty (30) day cure period may be extended by mutual agreement of the parties, but no cure period may exceed ninety (90) days. A default notice will be deemed to be sufficient if it is reasonably calculated to provide notice of the nature and extent of such default. Failure of the non- defaulting party to provide notice of the default does not waive any rights under the Agreement. d. Anticipatory Repudiation. Whenever the City in good faith has reason to question Contractor’s intent or ability to perform, the City may demand that Contractor give a written assurance of its intent and ability to perform. In the event that the demand is made and no written assurance is given within five (5) calendar days, the City may treat this failure as an anticipatory repudiation of the Agreement. 17. REMEDIES. The remedies set forth in this Agreement are not exclusive. Election of one remedy will not preclude the use of other remedies. In the event of default: a. The non-defaulting party may terminate the Agreement, and the termination will be effective immediately or at such other date as specified by the terminating party. b. The City may purchase the services required under the Agreement from the open market, complete required work itself, or have it completed at the expense of Contractor. If the cost of obtaining substitute services exceeds the contract price, the City may recover the reasonable excess cost by: (i) requiring reimbursement to the City within a commercially reasonable amount of time; (ii) deduction from an unpaid balance due to Contractor; (iii) collection against the proposal and/or performance security, if any; (iv) collection against liquidated damages (if applicable); or (v) a combination of the aforementioned remedies or other remedies as provided by law. Costs includes any and all reasonable, fees, and expenses incurred in obtaining substitute services and expended in obtaining reimbursement, including, but not limited to, reasonable administrative expenses, attorneys’ fees, and costs. All transactions must be documented. c. The non-defaulting party will have all other rights granted under this Agreement and all rights at law or in equity that may be available to it. d. Neither party will be liable for incidental, special, or consequential damages. 18. CONTINUATION DURING DISPUTES. Contractor agrees that during any dispute between the parties, Contractor will continue to perform its obligations until the dispute is settled, instructed to cease performance by the City, enjoined or prohibited by judicial action, or otherwise required or obligated to cease performance by other provisions in this Agreement. 19. TERMINATION FOR CONVENIENCE. The City reserves the right to terminate this Agreement in part or in whole upon thirty (30) calendar days’ written notice. Page 192 of 940 Page 258 of 272 20. TERMINATION FOR CONFLICT OF INTEREST (A.R.S. § 38-511). Pursuant to A.R.S. § 38-511, the City may cancel this Agreement within three (3) years after its execution, without penalty or further obligation, if any person significantly involved in initiating, securing, drafting, or creating the Agreement for the City becomes an employee or agent of Contractor. 21. TERMINATION FOR NON-APPROPRIATION AND MODIFICATION FOR BUDGETARY CONSTRAINT. The City is a governmental agency which relies upon the appropriation of funds by its governing body to satisfy its obligations. If the City reasonably determines that it does not have funds to meet its obligations under this Agreement, the City will have the right to terminate the Agreement without penalty on the last day of the fiscal period for which funds were legally available. In the event of such termination, the City agrees to provide written notice of its intent to terminate thirty (30) calendar days prior to the stated termination date. 22. PAYMENT TO CONTRACTOR UPON TERMINATION. Upon termination of this Agreement, Contractor will be entitled only to payment for those goods and services provided up to the date of termination, and any authorized expenses already incurred up to such date of termination. The City will make final payment within thirty (30) calendar days after the City has both completed its appraisal of the materials and services provided and received Contractor’s properly prepared final invoice. 23. NON-WAIVER OF RIGHTS. There will be no waiver of any provision of this agreement unless approved in writing and signed by the waiving party. Failure or delay to exercise any rights or remedies provided herein or by law or in equity, or the acceptance of, or payment for, any services hereunder, will not release the other party of any of the warranties or other obligations of the Agreement and will not be deemed a waiver of any such rights or remedies. 24. INDEMNIFICATION/LIABILITY. a. To the fullest extent permitted by law, Contractor agrees to defend, indemnify, and hold the City, its officers, agents, and employees, harmless from and against any and all liabilities, demands, claims, suits, losses, damages, causes of action, fines or judgments, including costs, attorneys’, witnesses’, and expert witnesses’ fees, and expenses incident thereto, relating to, arising out of, or resulting from: (i) the services provided by Contractor personnel under this Agreement; (ii) any negligent acts, errors, mistakes or omissions by Contractor or Contractor personnel; and (iii) Contractor or Contractor personnel’s failure to comply with or fulfill the obligations established by this Agreement. b. Contractor will update the City during the course of the litigation to timely notify the City of any issues that may involve the independent negligence of the City that is not covered by this indemnification. c. The City assumes no liability for actions of Contractor and will not indemnify or hold Contractor or any third party harmless for claims based on this Agreement or use of Contractor-provided supplies or services. 25. WARRANTY. Contractor warrants that the services and materials will conform to the requirements of the Agreement. Additionally, Contractor warrants that all services will be performed in a good, workman-like and professional manner. The Cit y’s acceptance of service or materials provided by Contractor will not relieve Contractor from its obligations under this warranty. If any materials or services are of a substandard or unsatisfactory manner as determined by the City, Contractor, at no additional charge to the City, will provide materials or redo such services until in accordance with this Agreement and to the City’s reasonable satisfaction. Unless otherwise agreed, Contractor warrants that materials will be new, unused, of most current manufacture and not discontinued, will be free of defects in materials and workmanship, will be provided in accordance with manufacturer's standard warranty for at least one (1) year unless otherwise specified, and will perform in accordance with manufacturer's published specifications. 26. THE CITY’S RIGHT TO RECOVER AGAINST THIRD PARTIES. Contractor will do nothing to prejudice the City’s right to recover against third parties for any loss, destruction, or damage to City property, and will at the City’s request and expense, furnish to the City reasonable assistance and Page 193 of 940 Page 259 of 272 cooperation, including reasonable assistance in the prosecution or defense of suit and the execution of instruments of assignment in favor of the City in obtaining recovery. 27. NO GUARANTEE OF WORK. Contractor acknowledges and agrees that it is not entitled to deliver any specific amount of materials or services or any materials or services at all under this Agreement and acknowledges and agrees that the materials or services will be requested by the City on an as needed basis at the sole discretion of the City. Any document referencing quantities or performance frequencies represent the City's best estimate of current requirements, but will not bind the City to purchase, accept, or pay for materials or services which exceed its actual needs. 28. OWNERSHIP. All deliverables, services, and information provided by Contractor or the City pursuant to this Agreement (whether electronically or manually generated) including without limitation, reports, test plans, and survey results, graphics, and technical tables, originally prepared in the performance of this Agreement, are the property of the City and will not be used or released by Contractor or any other person except with prior written permission by the City. 29. USE OF NAME. Contractor will not use the name of the City of Mesa in any advertising or publicity without obtaining the prior written consent of the City. 30. PROHIBITED ACTS. Pursuant to A.R.S. § 38-504, a current or former public officer or employee within the last twelve (12) months shall not represent another organization before the City on any matter for which the officer or employee was directly concerned and personally participated in during their service or employment or over which they had a substantial or material administrative discretion. Further, while employed by the City and for two (2) years thereafter, public officers or employees are prohibited from disclosing or using, without appropriate authorization, any confidential information acquired by such personnel in the course of his or her official duties at the City. 31. FOB DESTINATION FREIGHT PREPAID AND ALLOWED. All deliveries will be FOB destination freight prepaid and allowed for the City of Mesa. All other agencies will be FOB destination and will be freight collect unless otherwise agreed. 32. RISK OF LOSS. Contractor agrees to bear all risks of loss, injury, or destruction of goods or equipment incidental to providing these services and such loss, injury, or destruction will not release Contractor from any obligation hereunder. 33. SAFEGUARDING CITY PROPERTY. Contractor will be responsible for any damage to City real property or damage or loss of City personal property when such property is the responsibility of or in the custody of Contractor or its employees. 34. WARRANTY OF RIGHTS. Contractor warrants it has title to, or the right to allow the City to use, the materials and services being provided and that the City may use same without suit, trouble or hindrance from Contractor or third parties. 35. PROPRIETARY RIGHTS INDEMNIFICATION. Without limiting the foregoing, Contractor will without limitation, at its expense defend the City against all claims asserted by any person that anything provided by Contractor infringes a patent, copyright, trade secret or other intellectual property right and must, without limitation, pay the costs, damages and attorneys' fees awarded against the City in any such action, or pay any settlement of such action or claim. Each party agrees to notify the other promptly of any matters to which this provision may apply and to cooperate with each other in connection with such defense or settlement. If a preliminary or final judgment is obtained against the City’s use or operation of the items provided by Contractor hereunder or any part thereof by reason of any alleged infringement, Contractor will, at its expense and without limitation, either: (a) modify the item so that it becomes non-infringing; (b) procure for the City the right to continue to use the item; (c) substitute for the infringing item other item(s) having at least equivalent capability; or (d) refund to the City an amount equal to the price paid, less reasonable usage, from the time of installation acceptance through cessation of use, which am ount will be calculated on a useful life not less than five (5) years, plus any additional costs the City may incur to acquire substitute supplies or services. Page 194 of 940 Page 260 of 272 36. CONTRACT ADMINISTRATION. The contract will be administered by the Purchasing Administrator and/or an authorized representative from the using department. All questions regarding the contract will be referred to the administrator for resolution. Supplements may be written to the contract for the addition or deletion of services. Payment will be negotiated and determined by the contract administrator(s). 37. FORCE MAJEURE. Failure by either party to perform its duties and obligations will be excused by unforeseeable circumstances beyond its reasonable control, including acts of nature, acts of the public enemy, riots, fire, explosion, legislation, and governmental regulation. The party whose performance is so affected will within five (5) calendar days of the unforeseeable circumstance notify the other party of all pertinent facts and identify the force majeure event. The party whose performance is so affected must also take all reasonable steps, promptly and diligently, to prevent such causes if it is feasible to do so, or to minimize or eliminate the effect thereof. The delivery or performance date will be extended for a period equal to the time lost by reason of delay, plus such additional time as may be reasonably necessary to overcome the effect of the delay, provided however, under no circumstances will delays caused by a force majeure extend beyond one hundred-twenty (120) calendar days from the scheduled delivery or completion date of a task unless agreed upon by the parties. 38. COOPERATIVE USE OF CONTRACT. The City has entered into various cooperative purchasing agreements with other Arizona government agencies, including the Strategic Alliance for Volume Expenditures (SAVE) cooperative. Under the SAVE Cooperative Purchasing Agreement, any contract may be extended for use by other municipalities, school districts and government agencies in the State of Arizona with the approval of Contractor. Any such usage by other entities must be in accordance with the statutes, codes, ordinances, charter and/or procurement rules and regulations of the respective government agency. The City currently holds or may enter into Intergovernmental Governmental Agreements (IGA) with numerous governmental entities. These agreements allow the entities, with the approval of Contractor, to purchase their requirements under the terms and conditions of this Agreement. A contractor, subcontractor or vendor or any employee of a contractor, subcontractor or vendor who is contracted to provide services on a regular basis at an individual school shall obtain a valid fingerprint clearance card pursuant to title 41, chapter 12, article 3.1. A school district governing board shall adopt policies to exempt a person from the requirements of this subsection if the person's normal job duties are not likely to result in independent access to or unsupervised contact with pupils. A school district, its governing board members, its school council members and its employees are exempt from civil liability for the consequences of adoption and implementation of policies and procedures pursuant to this subsection unless the school district, its governing board members, its school council members or its employees are guilty of gross negligence or intentional misconduct. Additionally, Contractor will comply with the governing body’s fingerprinting policy of each individual school district and public entity. Contractor, subcontractors, vendors and their employees will not provide services on school district properties until authorized by the school district. Orders placed by other agencies and payment thereof will be the sole responsibility of that agency. The City is not responsible for any disputes arising out of transactions made by others. 39. FUEL CHARGES AND PRICE INCREASES. No fuel surcharges will be accepted. No price increases will be accepted without proper request by Contractor and response by the City’s Purchasing Division. 40. NOTICES. All notices to be given pursuant to this Agreement must be delivered to the parties at their respective addresses. Notices may be (i) personally delivered; (ii) sent via certified or registered mail, postage prepaid; (iii) sent via overnight courier; or (iv) sent via facsimile. If provided by personal delivery, receipt will be deemed effective upon delivery. If sent via certified or Page 195 of 940 Page 261 of 272 registered mail, receipt will be deemed effective three (3) calendar days after being deposited in the United States mail. If sent via overnight courier or facsimile, receipt will be deemed effective two (2) calendar days after the sending thereof. 41. GOVERNING LAW, FORUM. This Agreement is governed by the laws of the State of Arizona. The exclusive forum selected for any proceeding or suit in law or equity arising from or incident to this Agreement will be Maricopa County, Arizona. 42. INTEGRATION CLAUSE. This Agreement, including all attachments and exhibits hereto, supersede all prior oral or written agreements, if any, between the parties and constitutes the entire agreement between the parties with respect to the work to be performed. 43. PROVISIONS REQUIRED BY LAW. Any provision required by law to be in this Agreement is a part of this Agreement as if fully stated in it. 44. SEVERABILITY. If any provision of this Agreement is declared void or unenforceable, such provision will be severed from this Agreement, which will otherwise remain in full force and effect. The parties will negotiate diligently in good faith for such amendment(s) of this Agreement as may be necessary to achieve the original intent of this Agreement, notwithstanding such invalidity or unenforceability. 45. SURVIVING PROVISIONS. Notwithstanding any completion, termination, or other expiration of this Agreement, all provisions which, by the terms of reasonable interpretation thereof, set forth rights and obligations that extend beyond completion, termination, or other expiration of this Agreement, will survive and remain in full force and effect. Except as specifically provided in this Agreement, completion, termination, or other expiration of this Agreement will not release any party from any liability or obligation arising prior to the date of termination. 46. A.R.S. SECTIONS 1-501 and 1-502. Pursuant to Arizona Revised Statutes Sections 1-501 and 1- 502, any person who applies to the City for a local public benefit (the definition of which includes a grant, contract or loan) must demonstrate his or her lawful presence in the United States. As the Agreement is deemed a local public benefit, if Contractor is an individual (natural) person or sole proprietorship, Contractor agrees to sign and submit the necessary documentation to prove compliance with the statutes as applicable. Page 196 of 940 EXHIBIT D NATIONAL IPA DOCUMENTS RESPONSE FOR NATIONAL COOPERATIVE CONTRACT 1.0 Scope of National Cooperative Contract 1.1 Requirement The City of Mesa, AZ (hereinafter defined and referred to as “Principal Procurement Agency”), on behalf of itself and the National Intergovernmental Purchasing Alliance Company (“National IPA”), is requesting proposals for Grounds Maintenance Equipment, Parts, Accessories, Supplies, Related Services and Related Equipment. The intent of this Request for Proposal is that any contract between Principal Procurement Agency and Supplier resulting from this Request for Proposal (hereinafter defined and referred to as the “Master Agreement”) be made available to other public agencies nationally, including state and local governmental entities, public and private primary, secondary and higher education entities, non-profit entities, and agencies for the public benefit (“Public Agencies”), through National IPA’s cooperative purchasing program. The Principal Procurement Agency has executed a Principal Procurement Agency Certificate with National IPA (an example of which is included as Exhibit D) and has agreed to pursue the Master Agreement. Use of the Master Agreement by any Public Agency is preceded by their registration with National IPA as a Participating Public Agency in National IPA’s cooperative purchasing program. Registration with National IPA as a Participating Public Agency is accomplished by Public Agencies entering into a Master Intergovernmental Cooperative Purchasing Agreement, an example of which is attached as Exhibit C. The terms and pricing established in the resulting Master Agreement between the Supplier and the Principal Procurement Agency will be the same as that available to Participating Public Agencies through National IPA. All transactions, purchase orders, invoices, payments etc., will occur directly between the Supplier and each Participating Public Agency individually, and neither National IPA, any Principal Procurement Agency nor any Participating Public Agency, including their respective agents, directors, employees or representatives, shall be liable to Supplier for any acts, liabilities, damages, etc., incurred by any other Participating Public Agency. This Exhibit A defines the expectations for qualifying Suppliers based on National IPA’s requirements to market the resulting Master Agreement nationally to Public Agencies. Each section in this Exhibit A refers to the capabilities, requirements, obligations, and prohibitions of competing Suppliers on a national level in order to serve Participating Public Agencies through National IPA. These requirements are incorporated into and are considered an integral part of this RFP. National IPA reserves the right to determine whether or not to make the Master Agreement awarded by the Principal Procurement Agency available to Participating Public Agencies. 1.2 Marketing, Sales and Administrative Support During the term of the Master Agreement National IPA intends to provide marketing, sales and administrative support for Supplier pursuant to this section 1.2 that directly promotes the Supplier’s products and services to Participating Public Agencies through multiple channels, each designed to promote specific products and services to Public Agencies on a national basis. The National IPA marketing team will work in conjunction with Supplier to promote the Master Agreement to both existing Participating Public Agencies and prospective Public Agencies through: A. Marketing collateral (print, electronic, email, presentations) B. Website development and support C. Trade shows/conferences/meetings D. Advertising E. Social Media F. Sales Team Support Page 197 of 940 Page 263 of 272 The National IPA sales teams will work in conjunction with Supplier to promote the Master Agreement to both existing Participating Public Agencies and prospective Public Agencies through: A.Individual sales calls B.Joint sales calls C.Communications/customer service D.Training sessions for Public Agency teams E.Training sessions for Supplier teams The National IPA contracting teams will work in conjunction with Supplier to promote the Master Agreement to both existing Participating Public Agencies and Prospective Public Agencies through: A.Serving as the subject matter expert for questions regarding joint powers authority and state statutes and regulations for cooperative purchasing B.Training sessions for Public Agency teams C.Training sessions for Supplier teams D.Regular business reviews to monitor program success E.General contract administration Suppliers are required to pay an administrative fee of 2% of the greater of the Contract Sales under the Master Agreement and Guaranteed Contract Sales under this Request for Proposal. Supplier will be required to execute the National IPA Administration Agreement (refer to Exhibit B). Capitalized terms not otherwise defined herein shall have the meanings given to them in the Master Agreement or in the National Intergovernmental Purchasing Alliance Company Administration Agreement between Supplier and National IPA (the "National IPA Administration Agreement") 1.3 1.4 1.5 Estimated Volume The dollar volume purchased under the Master Agreement is estimated to be approximately $35 million annually. While no minimum volume is guaranteed to Supplier, the estimated annual volume is projected based on the current annual volumes among the Principal Procurement Agency, other Participating Public Agencies that are anticipated to utilize the resulting Master Agreement to be made available to them through National IPA, and volume growth into other Public Agencies through a coordinated marketing approach between Supplier and National IPA. Award Basis The basis of any contract award resulting from this RFP made by Principal Procurement Agency will be the basis of award on a national level through National IPA. If multiple suppliers are awarded by Principal Procurement Agency under the Master Agreement, those same suppliers will be required to extend the Master Agreement to Participating Public Agencies through National IPA. Utilization of the Master Agreement by Participating Public Agencies will be at the discretion of the individual Participating Public Agency. Certain terms of the Master Agreement specifically applicable to the Principal Procurement Agency are subject to modification for each Participating Public Agency as Supplier, such Participating Public Agency and National IPA shall agree. Participating Agencies m ay request to enter into a separate supplemental agreement to further define the level of service requirements over and above the minimum defined in the Master Agreement (i.e. invoice requirements, order requirements, specialized delivery, diversity requirements such as minority and woman owned businesses, historically underutilized business, governing law, etc.). Any supplemental agreement developed as a result of the Master Agreement is exclusively between the Participating Agency and the Supplier (Contract Sales are reported to National IPA). Objectives of Cooperative Program This RFP is intended to achieve the following objectives regarding availability through National IPA’s cooperative program: Page 198 of 940 Page 264 of 272 A. Provide a comprehensive competitively solicited and awarded national agreement offering the Products covered by this contract to Participating Public Agencies; B. Establish the Master Agreement as the Supplier’s primary go to market strategy to Public Agencies nationwide; C. Achieve cost savings for Supplier and Public Agencies through a single contract process that will reduce the Supplier’s need to respond to multiple solicitations and Public Agencies need to conduct their own solicitation process; D. Combine the aggregate purchasing volumes of Participating Public Agencies to achieve cost effective pricing. 2.0 REPRESENTATIONS AND COVENANTS As a condition to Supplier entering into the Master Agreement, which would be available to all Public Agencies, Supplier must make certain representations, warranties and covenants to both the Principal Procurement Agency and National IPA designed to ensure the success of the Master Agreement for all Participating Public Agencies as well as the Supplier. 2.1 Corporate Commitment Supplier commits that (1) the Master Agreement has received all necessary corporate authorizations and support of the Supplier’s executive management, (2) the Master Agreement is one of Supplier's - “go to market” strategies for Public Agencies, (3) the Master Agreement will be promoted to all Public Agencies, including any existing customers, and Supplier will transition existing customers, upon their request, to the Master Agreement, and (4) that the Supplier has read and agrees to the terms and conditions of the Administration Agreement with National IPA and will execute such agreement concurrent with and as a condition of its execution of the Master Agreement with the Principal Procurement Agency. Supplier will identify an executive corporate sponsor and a separate national account manager within the RFP response that will be responsible for the overall management of the Master Agreement. 2.2 Pricing Commitment Supplier commits the not-to-exceed pricing provided under the Master Agreement pricing is its lowest available (net to buyer) to Public Agencies nationwide and further commits that if a Participating Public Agency is eligible for lower pricing through a national, state, regional or local or cooperative contract for a purchase of equivalent scope, that the Supplier will match such lower pricing to that Participating Public Agency under the Master Agreement. 2.3 Sales Commitment Supplier commits to aggressively market the Master Agreement as one of its go to market strategies in this defined sector and that its sales force will be trained, engaged and committed to offering the Master Agreement to Public Agencies through National IPA nationwide. Supplier commits that all Master Agreement sales will be accurately and timely reported to National IPA in accordance with the National IPA Administration Agreement. Supplier also commits that its sales force will be compensated, including sales incentives, for sales to Public Agencies under the Master Agreement in a consistent or better manner compared to sales to Public Agencies if the Supplier were not awarded the Master Agreement. 2.4 Responsibilities of Independent Dealers and Distributors Notwithstanding any other provision in this Agreement, City acknowledges that products and services subject to this Agreement are provided by Contractor’s dealers and/or distributors which are independent businesses and set their own prices. Contractor has no authority to set prices, delivery dates, or other performance terms for its dealers and/or distributors. Contractor agrees to make the terms of this Agreement known to applicable dealers and/or distributors and to use reasonable efforts to encourage them to provide goods and services to City subject to the terms of this Agreement. Contractors dealers and distributors that agree to utilize this agreement also agree to abide by the pricing and terms and conditions set within. 3.0 SUPPLIER QUALIFICATIONS Supplier must supply the following information in order for the Principal Procurement Agency to determine Supplier’s qualifications to extend the resulting Master Agreement to Participating Public Agencies through National IPA. Page 199 of 940 Page 265 of 272 3.1 Company A. Brief history and description of your company. The Toro Company (NYSE: TTC) is a leading worldwide provider of innovative solutions for the outdoor environment including turf, snow and ground engaging equipment, and irrigation and outdoor lighting solutions. With sales of $2.4 billion in fiscal 2016, Toro’s global presence extends to more than 90 countries. Through constant innovation and caring relationships built on trust and integrity, Toro and its family of brands have built a legacy of excellence by helping customers care for golf courses, landscapes, sports fields, public green spaces, commercial and residential properties and agricultural fields. For more information, visit www.toro.com. The Toro Company is proud of its legacy of quality and innovation. Founded in 1914 to build tractor engines for The Bull Tractor Company, the company survived the tumultuous years of World War I by building steam steering engines for merchant ships to support the war effort. In 1920, Toro entered the turf industry when it mounted five reel mowers to the front of a Toro tractor to cut the fairways at The Minikahda Club in Minneapolis. We take pride in our responsibility to employees, customers, shareholders and the environment. Since 1914, we have cultivated our reputation around trusted relationships and constant innovation to help anticipate the future needs of our customers. At the same time, we are building on a tradition of excellence around a number of strong brands to help customers care for golf courses, sports fields, public green spaces, commercial and residential properties, and agricultural fields. Over the years, we have strengthened our position as a leading worldwide provider of turf and landscape maintenance equipment, and precision irrigation solutions due in large part to a strong network of distributors, dealers and retailers in nearly 90 countries around the world. B. Total number and location of sales persons employed by your company. The Toro Company’s Commercial Division employs 14 Regional and District Sales Managers that call directly on customers and Distributors. These resources are located in Minnesota, Indiana, Connecticut, Virginia, Florida and California. Most customer activity for the Commercial Division products will be with our distributors sales force of approximately 200 sales representatives. The resources are located in every state except Alaska. C. Number and location of support centers (if applicable). All of Toro's Commercial products are shipped from our warehouse in Tomah, Wisconsin to distribution. Distributors' facilities range in size depending on the services offered at the facility such as sales, service, parts etc. Toro’s Commercial Channel of distributors have over 100 offices nationally ranging in size from 10,000 square feet to 150,000 square feet. D. Annual sales for the three previous fiscal years. E. Submit your FEIN and Dunn & Bradstreet report. See W-9 form and Dunn and Bradstreet report is vendor response. 3.2 Distribution, Logistics A. Describe how your company proposes to distribute the products/service nationwide. Toro has 22 distributors nationwide that handle product fulfillment to customers. These are in the form of distributors that work primarily with our Commercial Division equipment (golf and grounds) with exclusive territories, and hundreds of dealers that sell our Landscape Contractor, Irrigation, Siteworks System, and BOSS products. Most of the distributors cover several states and have multiple offices. For instance; Simpson Norton Corporation, that services the City of Mesa, has offices in Goodyear, AZ; North Las Vegas, NV; and Albuquerque, NM. Page 200 of 940 Page 266 of 272 Toro Commercial products are manufactured in Tomah, Wisconsin and aggregated at our distribution center, also located in Tomah, for shipment to distribution. All of our distributors keep an inventory of products in local stock and can expect new shipments from Tomah within 6 - 30 days. The distributors then conduct any set-up and checkout of the products prior to shipment. Each distributor has exclusive and protected territory to sell Toro Commercial products to end users. Please refer to the Toro Distributor Listing attached for a listing of distributors and contacts. B. Identify all other companies that will be involved in processing, handling or shipping the products/service to the end user. Our distributors and dealers handle the sales, order processing, fulfillment, billing, and all service work associated with Toro products. See Toro Distributor Listing attached for a list of Commercial equipment distributors and contacts C. Provide the number, size and location of your company’s distribution facilities, warehouses and retail network as applicable. All of Toro's Commercial products are shipped from our warehouse in Tomah, Wisconsin to distribution. Distributors' facilities range in size depending on the services offered at the facility such as sales, service, parts etc. Toro has over 100 offices nationally ranging in size from 10,000 square feet to 150,000 square feet. D. State any return and restocking policy and fees, if applicable, associated with returns. Parts Restocking Policy: 15% restocking fee on parts. New, unused, uninstalled electrical items are eligible for return and subject to the 15% restock fee. Used or installed electrical items cannot be returned. Parts are to be returned to Simpson Norton at customer’s expense within 90 days of purchase. E. Describe the full line of products and services offered by your company. Toro has the broadest product line for all your Grounds Maintenance Equipment needs. We offer the highest quality products for golf courses, parks, sports fields and general grounds maintenance. This includes, many types of reel and rotary mowers, aerators, sprayers, bunker rakes, debris, and utility vehicles. We offer walk behind, stand-on, and ride-on, large area, and zero turn equipment. Our Site Works Systems group offers small skid steers, trenching equipment, underground directional drilling equipment. We have both golf irrigation and residential commercial irrigation. Our BOSS group offers snow plows and spreaders. 3.3 Marketing and Sales A. Provide a detailed ninety-day plan beginning from award date of the Master Agreement describing the strategy to immediately implement the Master Agreement as one of your company’s primary go to market strategy for Public Agencies to your teams nationwide, to include, but not limited to: i. Executive leadership endorsement and sponsorship of the award as one of our primary sector go-to-market strategies within first 10 days The Toro Company will release a Distributor Operating Bulletin (DOB) to its channel partners, endorsed by the executive sponsor Brad Hamilton, Vice President, Commercial. A press release will also be distributed to the marketplace as well as the various associations with which Toro is affiliated (e.g. GCSAA, STMA, NRPA, NIGP, etc.) This Press Release will be posted in the on-line Toro website media room and communicated via social media channels Additionally Toro University hosts monthly webcasts and other training events where the contract has and will continue to be discussed. ii. Training and education of your national sales force with participation from the executive leadership of your company, along with the National IPA team within first 90 days Page 201 of 940 Page 267 of 272 Since November 2007, we have been training and implementing this contract with our distributor and dealer partners. If we are awarded the City of Mesa contract, we will continue to employ many different techniques to provide training. Initially, we will train the Toro sales and marketing team responsible for this implementation. We will provide Power Point presentations to our distributors that are co-authored by Toro and the National IPA. We will implement individual conference calls by distributor to review the contract, discuss the benefits to the customer and the distributor and answer questions. The Toro sales and marketing team will make sales calls with our channel partners and National IPA teams to our end users to discuss this contract and sign up new users. Our marketing department will create specific documents that provide our distributors and customers with an overview of the contract and the benefits to them. These marketing pieces will be made available to all of our distributors and will be used at local and national trade shows. As part of the ongoing training process, Toro representatives will drive participation in local and regional trade shows and conferences with our distributors where we model the selling of this contact to customers. We will continue to train our sales force and engaging the resources we need to assure success of this contract. B. Provide a detailed ninety-day plan beginning from award date of the Master Agreement describing the strategy to market the Master Agreement to current Participating Public Agencies, existing Pubic Agency customers of Supplier, as well as to prospective Public Agencies nationwide immediately upon award, to include, but not limited to: i. Creation and distribution of a co-branded press release to trade publications A Press Release will be developed and released to the marketplace & industry associations Social Media - Toro FaceBook Page posting and LinkedIn posting as well as a Twitter communication email Blast – National IPA list email Blast – NIGP list email Blast – incorporated into Grounds for Success eNewsletter (Onvia list to 18K) ii. Announcement, contract details and contact information published on the Supplier company website within first 90 days This will be done through our Distributor Operating Bulletins. iii. Design, publication and distribution of co-branded marketing materials within first 90 days • National IPA logo would remain as a part of the National Ads in Government Sector publications • Print collateral pieces would be updated and released • Webinar will be conducted with Distributor partners as a part of the Sports Fields & Grounds (SFG) market training • Distributors will be hosting SFG open house events where the Contract will be a section of the presentations • Training – Toro University both in person and on-line will take place iv. Commitment to attendance and participation with National IPA at national (i.e. NIGP Annual Forum, NPI Conference, etc.), regional (i.e. Regional NIGP Chapter Meetings, etc.) and supplier-specific trade shows, conferences and meetings throughout the term of the Master Agreement Toro plans to participate in various industry trade shows including NIGP & various local Chapter events (CAPPO, FAPPO, etc) as well as NAEP, etc. Page 202 of 940 Page 268 of 272 v. Commitment to attend, exhibit and participate at the NIGP Annual Forum in an area reserved by National IPA for partner suppliers. Booth space will be purchased and staffed by your company. In addition, you commit to provide reasonable assistance to the overall promotion and marketing efforts for the NIGP Annual Forum, as directed by National IPA. We have participated in this manner for the last nine years and will continue to do so. We also participate on a local level with many NIGP chapter events and National IPA summit conferences. Finally, Toro plans to attend the NAEP conference as well. vi. Design and publication of national and regional advertising in trade publications throughout the term of the Master Agreement We advertise both on-line and in print on an ongoing basis through many government trade publications and where appropriate they have the National IPA logo on them identifying the contract. vii. Ongoing marketing and promotion of the Master Agreement throughout its term (case studies, collateral pieces, presentations, promotions, etc.) Through our relationship with the NIGP we have provided case studies and developed White Papers with regards to cooperative purchasing on a national and local level. We also leverage government data using Onvia and Smart Procure systems. viii. Dedicated National IPA internet web-based homepage on Supplier website with: • National IPA standard logo; • Copy of original Request for Proposal; • Copy of contract and amendments between Principal Procurement Agency and Supplier; • Summary of Products and pricing; • Marketing Materials • Electronic link to National IPA’s website including the online registration page; • A dedicated toll free number and email address for National IPA • Torogov.com website would be updated to reflect new contract C. Describe how your company will transition any existing Public Agency customers’ accounts to the Master Agreement available nationally through National IPA. Include a list of current cooperative contracts (regional and national) your company holds and describe how the Master Agreement will be positioned among the other cooperative agreements. Toro has acted in good faith to the National IPA in developing and growing the current Grounds Equipment contract. We have proven ourselves over the last nine years to add value to our customers. Our current contract has always been positioned as a tool for our customers to use to make procurement easier, reduce procurement costs, leverage pricing and reduce cycle time. In those states that currently do not have or have a limited state contract, we will position the City of Mesa/National IPA contract as a primary vehicle to local forms of government. In states that have a state contract, we will review the benefits of the City of Mesa/National IPA contract and let the customers make the value judgment. The growth of our current contract over the past nine years is proof of the value we add to our end users. D. Acknowledge that your company agrees to provide its company/corporate logo(s) to National IPA and agrees to provide permission for reproduction of such logo in marketing communications and promotions. Acknowledge that use of National IPA logo will require permission for reproduction, as well. We have provided and will continue to provide use of the Toro logo to the National IPA as long as each use of the logo is approved by Toro prior to publication and complies with our brand standards. Page 203 of 940 Page 269 of 272 E. Supplier is responsible for proactive direct sales of Supplier’s goods and services to Public Agencies nationwide and the timely follow up to leads established by National IPA. All sales materials are to use the National IPA logo. At a minimum, the Supplier’s sales initiatives should communicate: i. Master Agreement was competitively solicited and publicly awarded by a Principal Procurement Agency ii. Best government pricing iii. No cost to participate iv. Non-exclusive contract Toro acknowledges this requirement and will comply. F. Supplier is responsible for the training of its national sales force on the Master Agreement. At a minimum, sales training should include: i. Key features of Master Agreement ii. Working knowledge of the contract process iii. Awareness of the range of Public Agencies that can utilize the Master Agreement through National IPA iv. Knowledge of benefits of the use of cooperative contracts Toro and our distributors have a very comprehensive knowledge of the features, process and awareness of our current contract and through our training will have with the City of Mesa contract as well. This knowledge has been represented by the growth in sales across our distribution channel. Any changes to the contract, process or target customer will be communicated to our distributors and individual training arranged for those distributors that require it. G. Provide contact information for the person(s), who will be responsible for: i. Marketing Paula Sliefert Sr. Marketing Manager 952-887-7107 Paula.Sliefert@toro.com ii. Sales Pete Whitacre District Sales Manager 952-887-7936 Peter.Whitacre@toro.com iii. Sales Support Joan Olson Administrative Assistant 952-887-8838 Joan.Olson@toro.com iv. Financial Reporting Anthony Sacco Programs Administrator 952-887-7255 Anthony.Sacco@toro.com v. Contracts Jon Stodola Government Sales Manager 952-887-7937 Jon.Stodola@toro.com H. Describe in detail how your company’s national sales force is structured, including contact information for the highest-level executive in charge of the sales team. The Toro Company Rick Olson – President & CEO Page 204 of 940 Page 270 of 272 Brad Hamilton – Vice President, Commercial Division Brad reports to Rick Olson. Reporting to Brad are our directors of sales, marketing, technical operations, customer care and controller for Commercial Division. Brad can be reached at 952-887-8815 or brad.hamilton@toro.com Jim Heinze – Director, Commercial Sales Jim reports to Brad and leads a team of Regional and District Sales Managers that have responsibility for growing sales in the United States and Canada. They are also responsible for goal setting with distributors, understanding distributor training and development needs, and implementing programs and contracts such as this. Jim can be reached at 952-887-8892 or jim.heinze@toro.com Distribution Most of our distributors are privately owned companies that are the connection from Toro to end use customer. The sales managers that report to the owners of these companies will manager a team of representatives responsible for selling and marketing Toro products. Every area of the United States has a representative assigned for sales coverage from one of our distributors. We have included a listing of these distributors and a contact list with this proposal. I. Explain in detail how the sales teams will work with the National IPA team to implement, grow and service the national program. We will continue to proactively train our sales organization and target accounts that would benefit from this contract. This includes the development of sales literature updated with the new contract information and use of the National IPA logo on targeted pieces. We are always looking for ways to engage the National IPA organization in our sales meetings. We look at National IPA as an extension of our sales team. We want to make sure they understand how we sell to end users so they can better position The Toro Company when making sales calls. J. Explain in detail how your organization will manage the overall national program throughout the term of the Master Agreement, including ongoing coordination of marketing and sales efforts, timely new Participating Public Agency account set-up, etc. We communicate through our organization and our channel the best-demonstrated practices, success stories and updates to this contract. We overcome hurdles by demonstrating how other distributors are growing their business through the use of the contract and the use of the National IPA resources. This coordination and communication is part of what Jim Heinze’s sales team is responsible for. As key contacts for the contract, Pete Whitacre and Paula Sliefert will interface with the City of Mesa and National IPA for regular contract review meetings and strategy meetings as we have been doing for over nine years. Through this ongoing communication as changes happen at Toro, such as acquiring a new company, we can make changes to the contract and how it is marketed. Realizing the need for consistent pricing across our distributors, Toro has created a National IPA pricing Program within our national quote system (iQuote). This assures that the correct pricing is applied to the quote, the equipment is ‘fit-up’ correctly and pricing can be verified by our Programs Administration department. We have a process in place that will require our distributors to assign the National IPA agency number to their sales on this contract. This requires them to determine if the customer has already signed up as a participating agency or having them sign up prior to purchasing our products. This process requires time and support by our distributors but we have now built these processes into our daily routine. K. State the amount of your company’s Public Agency sales for the previous fiscal year. Provide a list of your top 10 Public Agency customers, the total purchases for each for the previous fiscal year along with a key contact for each. As we are a publicly traded Company, this detailed information is considered confidential. However below is a representation of The Toro Company revenue for fiscal year 2016 by market and geographic location. Finally, we will commit to developing a list of customers to target for growth on this contract. Page 205 of 940 Page 271 of 272 Page 206 of 940 Page 272 of 272 L. Describe your company’s information systems capabilities and limitations regarding order management through receipt of payment, including description of multiple platforms that may be used for any of these functions. We use SAP as our mainframe through which our sales reporting function is housed. Our distributors electronically communicate all transactions to Toro through Connectivity by which we can collect sales data. We are also equipped to conduct Electronic Funds Transfer payments. M. Provide the Contract Sales (as defined in Section 10 of the National Intergovernmental Purchasing Alliance Company Administration Agreement) that your company will guarantee each year under the Master Agreement for the initial three years of the Master Agreement (“Guaranteed Contract Sales”). To the extent Supplier guarantees minimum Contract Sales, the administration fee shall be calculated based on the greater of the actual Contract Sales and the Guaranteed Contract Sales. N. Even though it is anticipated that many Public Agencies will be able to utilize the Master Agreement without further formal solicitation, there may be circumstances where Public Agencies will issue their own solicitations. The following options are available when responding to a solicitation for Products covered under the Master Agreement. i. Respond with Master Agreement pricing (Contract Sales reported to National IPA). ii. If competitive conditions require pricing lower than the standard Master Agreement not-to-exceed pricing, Supplier may respond with lower pricing through the Master Agreement. If Supplier is awarded the contract, the sales are reported as Contract Sales to National IPA under the Master Agreement. iii. Respond with pricing higher than Master Agreement only in the unlikely event that the Public Agency refuses to utilize Master Agreement (Contract Sales are not reported to National IPA). iv. If alternative or multiple proposals are permitted, respond with pricing higher than Master Agreement, and include Master Agreement as the alternate or additional proposal. v. Respond to any bid separate from Master Agreement (Contract sales not reported to National IPA). Detail your strategies under these options when responding to a solicitation. Page 207 of 940 City Council Report Date: March 20, 2017 To: City Council Through: Michael Kennington, Chief Financial Officer From: Edward Quedens, MPA, C.P.M., CPPO, Business Services Director Matt Bauer, MBA, CPPO, CPPB, CPSM, Procurement Administrator Subject: Five-Year National Cooperative Contract for Grounds Maintenance Equipment, Parts, Accessories, Supplies, Related Services and Equipment for the Parks, Recreation and Community Facilities (PRCF) Department (Citywide) Purpose and Recommendation Council is requested to approve the Term Contract for Grounds Maintenance Equipment, Parts, Accessories, Supplies, Related Services and Equipment as recommended. A committee representing Parks, Recreation and Community Facilities and Purchasing evaluated responses. The evaluation committee recommends awarding the contract to the highest scored proposal from The Toro Company at $351,325.00 annually, based on estimated requirements. Background / Discussion This contract will provide equipment, accessories, parts, supplies and related services per City requirements. The equipment will be used for Sports Field and Golf Course maintenance, and include some used and balance of line equipment and supplies. Mesa was selected by the National Intergovernmental Purchasing Alliance Company (National IPA) to be the lead agency on this contract. The contract will be available to over 40,000 public agencies nationally, including state and local governmental entities, public and private primary, secondary and higher education entities, non-profit entities, and agencies for the public benefit through National IPA’s cooperative purchasing program. National IPA anticipates that the expenditure against this agreement nationally will be approximately $35 million annually Purchasing conducted the initial review of the three proposals received of which all three met the minimum qualifications. Staff from PRCF evaluated the proposals based on the evaluation criteria as stated in the solicitation, and response clarifications were requested from the highest scored vendor. Best and Final Offers were not requested by the evaluation team. The highest scored proposal, The Toro Company, is being recommended for award. The evaluation committee unanimously agreed on the recommendation. Page 208 of 940 2 Alternatives Council may choose not to authorize the purchase and new responses will be solicited. Fiscal Impact The annual contract amount is available in the Parks, Recreation and Community Facilities Department operating budget through: Capital – Enterprise (Golf), General Fund (Cemetery), Capital – General Fund (Parks Maintenance), Environmental Compliance Fee (Basin Maintenance). Coordinated With Parks, Recreation and Community Facilities Department, and Purchasing PURCHASING INFORMATION Action: Initial Award Procurement Type: Request for Proposals Solicitation Number: 2017025 Vendors Registered: ProcureAZ (632) and Vendor Self Service (126) Advertising: ProcureAZ and Purchasing Website Downloads: 61 Responses: 3 Local Consideration: Not applicable as there were no Mesa responses Protests Received: None Initial Contract Term: Five years Possible Renewals: Two, one-year renewals subject to future Council consideration Prices: Future price increases are capped by the Producer Price Index Pricing Available to Other Cooperative Agencies: Yes December 14, 2016 Responses Harper Turf Equipment dba Harper Industries, Inc. – Harper, KS Textron, Inc. dba Jacobsen, a Division of Textron – Charlotte, NC The Toro Company dba Toro – Bloomington, MN Page 209 of 940 3 Proposal Final Scoring Results Evaluation Criteria / Points Possible The Toro Company (Recommended) Textron, Inc. dba Jacobsen Harper Industries, Inc. Firm’s Proposed Solution / 40 39.6 31.4 19.6 Firms Qualifications & Experience / 30 28.2 22 18 Firm’s Pricing (Equipment) / 20 18.56 20 0 Firm’s Pricing (Parts) / 10 8.1 10 0 Total / 100 94.46 83.4 37.6 AWARD RECOMMENDATION The Toro Company dba Toro Bloomington, MN Description Grounds Maintenance Equipment, Parts, Accessories, Supplies, Related Services and Equipment per Agreement No. 2017025; Exhibits – Scope of Work, Pricing, Mesa Standard Terms and Conditions, and National IPA documents; Solicitation including any addenda; and Contractor Response Annual Contract Amount: $351,325.00 Page 210 of 940 THE TORO COMPANY City of Mesa 1 City of Mesa RFP for: Grounds Maintenance, Equipment, Parts, Accessories, Supplies, Related Services and Equipment Solicitation # 2017025 Attachment: Exceptions Taken Scope of Work; 3 General Requirements C. WARRANTY: Offeror shall warrant that all equipment and parts labeled as new and furnished in their bid/offer are newly manufactured and free from defects in material and workmanship for no less than one (1) year from the date the equipment is delivered or installed. Warranty shall also guarantee accepted trade standards of quality, and conformance to promises or specified specifications. No other express or implied warranty shall eliminate the vendor’s liability as stated herein. D. MAINTENANCE FACILITIES: The equipment specified in this solicitation is dependent upon the availability of prompt professional service. In order to be considered for award, each potential contractor, or its dealers and/or distributors, is/are required to have existing maintenance facilities with sufficient parts inventory and trained technicians experienced in providing quality service on the equipment specified. Maintenance facilities are subject to inspection by the City to determine adequacy. E. VENDOR PARTS AND SERVICE: The Contractor or it’sits dealers and/or distributors will maintain a factory authorized parts and service facility for normal and warranty service. The Contractor shall encourage it’s or it’sits dealers and/or distributors to be capable of providing parts within twenty- four (24) hours and shall be capable of being on site to respond to service requests within twenty- four (24) hours unless otherwise communicated and accepted by City or Participating Agency. Scope of Work; 4 Product Requirements C. DEFECTIVE PRODUCT: All defective products shall be replaced and exchanged by the Contractor. The cost of transportation, unpacking, inspection, re-packing, re-shipping or other like expenses shall be paid by the Contractor. All replacement products must be received by the City within seven (7) days of initial notification. Unless otherwise communicated and accepted by the City or Participating Agency. Draft Document; Terms and Conditions; Exhibit 1 1.3 Delivery. City acknowledges that Ddelivery will be made by contractor’s dealers and/or distributors , which are independent businesses. Deliveries shall be made to the location(s) contained in the Scope of Work within 30 days after receipt of an order. 2. Scope of Work. Except as otherwise specified in this Agreement, Tthe Contractor will provide the necessary staff, services and associated resources to provide the City with the services, materials, and obligations attached to this Agreement as Exhibit A (“Scope of Work”) Contractor will be responsible for all costs and expenses incurred by Contractor that are incident to the performance of the Scope of Work unless otherwise stated in Exhibit A. Contractor will supply all equipment and instrumentalities necessary to perform the Scope of Work. If set forth in Exhibit A, the City will provide Contractor’s personnel with adequate workspace and such other related facilities as may be required by Contractor to carry out the Scope of Work. 5.2 Prices. All pricing shall be firm for the Term and all extensions or renewals of the Term except where otherwise provided in this Agreement, and include all costs of the Contractor providing the materials/service Page 211 of 940 THE TORO COMPANY City of Mesa 2 City of Mesa RFP for: Grounds Maintenance, Equipment, Parts, Accessories, Supplies, Related Services and Equipment Solicitation # 2017025 including transportation, insurance and warranty costs. No fuel surcharges will be accepted unless allowed in this Agreement. The City shall not be invoiced at prices higher than those stated in the Agreement. The Contractor further agrees that any reductions in the price of the materials or services covered by this Agreement will apply to the undelivered balance. The Contractor shall promptly notify the City of such price reductions. No price modifications will be accepted without proper request by the Contractor and response by the City’s Purchasing Division. Notwithstanding any of the other provisions in this Agreement, City acknowledges that products and services subject to this agreement, are provided by Contractor’s dealers and/or distributors, which are independent businesses and set their own prices. Contractor has no authority to set prices for it’sits dealers and/or distributors. Contractor agrees to make the terms of this agreement known to applicable dealers and/or distributors and to use reasonable efforts to incent to provide goods and services to City or Participating Agency subject to the terms of this agreement. Contractors dealers and distributors that agree to utilize this agreement also agree to abide by the pricing and terms and conditions set within. 7. Requirements Contract. Contractor acknowledges and agrees the Agreement is a requirements contract; Tthe Agreement does not guarantee any purchases will be made (minimum or maximum). Orders will only be placed when the City identifies a need and issues a purchase order or a written notice to proceed. The City reserves the right to cancel purchase orders or a notice to proceed within a reasonable period of time of issuance prior to the time any product within the purchase order has been shipped; any such cancellation will be in writing. Should a purchase order or notice to proceed be canceled, the City agrees to reimburse Contractor for any actual and documented costs incurred by Contractor. The City will not reimburse Contractor for any avoidable costs incurred after receipt of cancellation including, but not limited to, lost profits, shipment of product, or performance of services. Exhibit 1 Draft Contract Exhibit C Mesa Standard Terms and Conditions 2. SUBCONTRACTING. Contractor may not subcontract work under this Agreement without the express written permission of the City. If Contractor has received authorization to subcontract work, it is agreed that all subcontractors performing work under the Agreement must comply with its provisions. Further, all agreements between Contractor and its subcontractors must provide that the terms and conditions of this Agreement be incorporated therein. Notwithstanding the foregoing, City acknowledges that products and services subject to this agreement are provided by Contractor’s dealers and/or distributors, which are independent businesses and set their own prices. Contractor has no authority to set prices for it’sits dealers and/or distributors and no authority to require them to provide goods or services subject to this Agreement. Contractors dealers and distributors that agree to utilize this agreement also agree to abide by the pricing and terms and conditions set within. 8._TIME OF THE ESSENCE. Time is of the essence to the performance of the parties’ obligations under this Agreement. 9. REMEDIES. The remedies set forth in this Agreement are not exclusive. Election of one remedy will not preclude the use of other remedies. In the event of default: a. The non-defaulting party may terminate the Agreement, and the termination will be effective immediately or at such other date as specified by the terminating party. b. The City may purchase the services required under the Agreement from the open market, complete required work itself, or have it completed at the expense of Contractor. If the cost of obtaining substitute services exceeds the contract price, the City may recover the reasonable excess cost by: (i) requiring immediate reimbursement to the City within a commercially reasonable amount of time; (ii) deduction from an unpaid balance due to Contractor; (iii) Page 212 of 940 THE TORO COMPANY City of Mesa 3 City of Mesa RFP for: Grounds Maintenance, Equipment, Parts, Accessories, Supplies, Related Services and Equipment Solicitation # 2017025 collection against the proposal and/or performance security, if any; (iv) collection against liquidated damages (if applicable); or (v) a combination of the aforementioned remedies or other remedies as provided by law. Costs includes any and all reasonable, fees, and expenses incurred in obtaining substitute services and expended in obtaining reimbursement, including, but not limited to, reasonable administrative expenses, attorneys’ fees, and costs. All transactions must be documented. c. The non-defaulting party will have all other rights granted under this Agreement and all rights at law or in equity that may be available to it. d. Neither party will be liable for incidental, special, or consequential damages. 22. PAYMENT TO CONTRACTOR UPON TERMINATION. Upon termination of this Agreement, Contractor will be entitled only to payment for those goods and services performed provided up to the date of termination, and any authorized expenses already incurred up to such date of termination. The City will make final payment within thirty (30) calendar days after the City has both completed its appraisal of the materials and services provided and received Contractor’s properly prepared final invoice. 24. INDEMNIFICATION/LIABILITY. a. To the fullest extent permitted by law, Contractor agrees to defend, indemnify, and hold the City, its officers, agents, and employees, harmless from and against any and all liabilities, demands, claims, suits, losses, damages, causes of action, fines or judgments, including costs, attorneys’, witnesses’, and expert witnesses’ fees, and expenses incident thereto, relating to, arising out of, or resulting from: (i) the services provided by Contractor personnel under this Agreement; (ii) any negligent acts, errors, mistakes or omissions by Contractor or Contractor personnel; and (iii) Contractor or Contractor personnel’s failure to comply with or fulfill the obligations established by this Agreement. 26. THE CITY’S RIGHT TO RECOV ER AGAINST THIRD PARTIES. Contractor will do nothing to prejudice the City’s right to recover against third parties for any loss, destruction, or damage to City property, and will at the City’s request and expense, furnish to the City reasonable assistance and cooperation, including reasonable assistance in the prosecution or defense of suit and the execution of instruments of assignment in favor of the City in obtaining recovery. 31. FOB DESTINATION FREIGHT PREPAID AND ALLOWED. All deliveries will be FOB destination freight prepaid and allowed for the City of Mesa. All other agencies will be FOB destination and will be freight collect unless otherwise agreed. 32. RISK OF LOSS. Contractor agrees to bear all risks of loss, injury, or destruction of goods or equipment incidental to providing these services and such loss, injury, or destruction will not release Contractor from any obligation hereunder. 37. FORCE MAJEURE. Failure by either party to perform its duties and obligations will be excused by unforeseeable circumstances beyond its reasonable control, including, acts of nature, acts of the public enemy, riots, fire, explosion, legislation, and governmental regulation. The party whose performance is so affected will within five (5) calendar days of the unforeseeable circumstance notify the other party of all pertinent facts and identify the force majeure event. The party whose performance is so affected must also take all reasonable steps, promptly and diligently, to prevent such causes if it is feasible to do so, or to minimize or eliminate the effect thereof. The delivery or performance date will be extended for a period equal to the time lost by reason of delay, plus such additional time as may be reasonably necessary to overcome the effect of the delay, provided however, under no circumstances will delays caused by a force majeure extend beyond one hundred-twenty (120) calendar days from the scheduled delivery or completion date of a task unless agreed upon by the parties. Page 213 of 940 THE TORO COMPANY City of Mesa 4 City of Mesa RFP for: Grounds Maintenance, Equipment, Parts, Accessories, Supplies, Related Services and Equipment Solicitation # 2017025 National IPA Contract (Attachment D) Exceptions 2.1 Corporate Commitment Supplier commits that (1) the Master Agreement has received all necessary corporate authorizations and support of the Supplier’s executive management, (2) the Master Agreement is one of Supplier's primary “go to market” strategiesy for Public Agencies, (3) the Master Agreement will be promoted to all Public Agencies, including any existing customers, and Supplier will transition existing customers, upon their request, to the Master Agreement, and (4) that the Supplier has read and agrees to the terms and conditions of the Administration Agreement with National IPA and will execute such agreement concurrent with and as a condition of its execution of the Master Agreement with the Principal Procurement Agency. Supplier will identify an executive corporate sponsor and a separate national account manager within the RFP response that will be responsible for the overall management of the Master Agreement. 2.2 Pricing Commitment Supplier commits the not-to-exceed pricing provided under the Master Agreement pricing is its lowest available (net to buyer) to Public Agencies nationwide and further commits that if a Participating Public Agency is eligible for lower pricing through a national, state, regional or local or cooperative contract for a purchase of equivalent scope, that the Supplier will match such lower pricing to that Participating Public Agency under the Master Agreement. 2.3 Sales Commitment Supplier commits to aggressively market the Master Agreement as one of its go to market strategiesy in this defined sector and that its sales force will be trained, engaged and committed to offering the Master Agreement to Public Agencies through National IPA nationwide. Supplier commits that all Master Agreement sales will be accurately and timely reported to National IPA in accordance with the National IPA Administration Agreement. Supplier also commits that its sales force will be compensated, including sales incentives, for sales to Public Agencies under the Master Agreement in a consistent or better manner compared to sales to Public Agencies if the Supplier were not awarded the Master Agreement. 2.4 Responsibilities of Independent Dealers and Distributors Notwithstanding any other provision in this Agreement, City acknowledges that products and services subject to this Agreement are provided by Contractor’s dealers and/or distributors which are independent businesses and set their own prices. Contractor has no authority to set prices, delivery dates, or other performance terms for its dealers and/or distributors. Contractor agrees to make the terms of this Agreement known to applicable dealers and/or distributors and to use reasonable efforts to encourage them to provide goods and services to City subject to the terms of this Agreement. Contractors dealers and distributors that agree to utilize this agreement also agree to abide by the pricing and terms and conditions set within. 3.3 Marketing and Sales A. Provide a detailed ninety-day plan beginning from award date of the Master Agreement describing the strategy to immediately implement the Master Agreement as yourone of your company’s primary go to market strategy for Public Agencies to your teams nationwide, to include, but not limited to: i. Executive leadership endorsement and sponsorship of the award as the public sectorone of our primary go-to-market strategyies within first 10 days ii. Training and education of your national sales force with participation from the executive leadership of your company, along with the National IPA team within first 90 days N. Even though it is anticipated that many Public Agencies will be able to utilize the Master Agreement without further formal solicitation, there may be circumstances where Public Agencies will issue their own solicitations. The following options are available when responding to a solicitation for Products covered under the Master Agreement. Page 214 of 940 THE TORO COMPANY City of Mesa 5 City of Mesa RFP for: Grounds Maintenance, Equipment, Parts, Accessories, Supplies, Related Services and Equipment Solicitation # 2017025 i. Respond with Master Agreement pricing (Contract Sales reported to National IPA). ii. If competitive conditions require pricing lower than the standard Master Agreement not-to-exceed pricing, Supplier may respond with lower pricing through the Master Agreement. If Supplier is awarded the contract, the sales are reported as Contract Sales to National IPA under the Master Agreement. iii. Respond with pricing higher than Master Agreement only in the unlikely event that the Public Agency refuses to utilize Master Agreement (Contract Sales are not reported to National IPA). iv. If alternative or multiple proposals are permitted, respond with pricing higher than Master Agreement, and include Master Agreement as the alternate or additional proposal. iv.v. Respond to any bid separate from Master Agreement (Contract sales not reported to National IPA) Detail your strategies under these options when responding to a solicitation. Page 215 of 940 From:Jess Romney To:Evan Karl Subject:FW: Toro exceptions to contract terms update Date:Thursday, February 09, 2017 3:17:01 PM Attachments:Toro Exceptions updated 2-8-17.docx image002.png image004.png Evan Please put this email along with the attached file in to EDMS for contract 2017025 Thanks Jess Romney, CPPB Procurement Officer City of Mesa Phone: 480 644-5798 Fax: 480 644-2655 Jess.romney@mesaaz.gov Work hours: Mon. – Thu. 7 a.m. – 6 p.m. Closed Fridays From: Peter Whitacre [mailto:Peter.Whitacre@toro.com] Sent: Thursday, February 09, 2017 2:03 PM To: Jess Romney <Jess.Romney@MesaAZ.gov> Cc: Jim Heinze <Jim.Heinze@toro.com>; Jon Stodola <Jon.Stodola@toro.com>; Randy Harris <Randy.Harris@toro.com>; Paula Sliefert <Paula.Sliefert@toro.com>; Matt Bauer <Matt.Bauer@mesaaz.gov>; Al Piper <alan.piper@nationalipa.org> Subject: RE: Toro exceptions to contract terms update Jess, We are in agreement with the changes you have made. I am working with Al to schedule a discussion for next week. Best regards, Peter E. Whitacre, CSE Sales Manager, State and Local Government The Toro Company 8111 Lyndale Ave South Bloomington, MN 55123 Office: 952-887-7936 Cell: 612-963-0892 Fax: 952-887 8694 Page 216 of 940 From: Jess Romney [mailto:Jess.Romney@MesaAZ.gov] Sent: Wednesday, February 8, 2017 5:20 PM To: Peter Whitacre <Peter.Whitacre@toro.com> Cc: Jim Heinze <Jim.Heinze@toro.com>; Jon Stodola <Jon.Stodola@toro.com>; Randy Harris <Randy.Harris@toro.com>; Paula Sliefert <Paula.Sliefert@toro.com>; Matt Bauer <Matt.Bauer@mesaaz.gov>; Al Piper <alan.piper@nationalipa.org> Subject: RE: Toro exceptions to contract terms update Peter, We had just a few minor changes. Take a look and let me know Thanks Jess Romney, CPPB Procurement Officer City of Mesa Phone: 480 644-5798 Fax: 480 644-2655 Jess.romney@mesaaz.gov Work hours: Mon. – Thu. 7 a.m. – 6 p.m. Closed Fridays From: Peter Whitacre [mailto:Peter.Whitacre@toro.com] Sent: Monday, February 06, 2017 12:35 PM To: Jess Romney <Jess.Romney@MesaAZ.gov> Cc: Jim Heinze <Jim.Heinze@toro.com>; Jon Stodola <Jon.Stodola@toro.com>; Randy Harris <Randy.Harris@toro.com>; Paula Sliefert <Paula.Sliefert@toro.com> Subject: Toro exceptions to contract terms update Jess, Attached is the updated Exceptions to terms and conditions document that we reviewed last Thursday. Please review and let us know if you are agreeable with the updates. Best regards, Peter E. Whitacre, CSE Sales Manager, State and Local Government The Toro Company 8111 Lyndale Ave South Bloomington, MN 55123 Page 217 of 940 Office: 952-887-7936 Cell: 612-963-0892 Fax: 952-887 8694 This electronic message including any attachments ("Message") may contain information that is privileged, confidential and/or exempt from disclosure under trade secret and other applicable law. If you are not the intended recipient, notify the sender immediately, permanently delete all copies of this Message, and be aware that examination, use, dissemination, duplication or disclosure of this Message is strictly prohibited. Page 218 of 940 A RESPONSE TO THE CITY OF MESA RFP – 2017025 GROUNDS MAINTENANCE EQUIPMENT, PARTS, ACCESSORIES, SUPPLIES, RELATED SERVICES AND EQUIPMENT Mesa City Plaza - Purchasing Division 20 East Main Street, Suite 400 Mesa, Arizona 85201 Provided by The Toro Company – December 14, 2016 City of Mesa Cover.indd 1 12/2/16 10:55 AM Page 219 of 940 THE TORO COMPANY City of Mesa 1 City of Mesa RFP for: Grounds Maintenance, Equipment, Parts, Accessories, Supplies, Related Services and Equipment Solicitation # 2017025 TABLE OF CONTENTS TAB 1 TAB 1 – LETTER OF TRANSMITTAL DOCUMENT 1 LETTER OF TRANSMITTAL 1 TAB 2 TAB 2 – QUALIFICATIONS. (ABILITIES, EXPERIENCE AND EXPERTISE) DOCUMENT 1 - 6 1. STATEMENT OF QUALIFICATIONS 1 1. A. DESCRIPTION OF QUALIFICATIONS 1 1. A. I. HISTORY OF TORO 1 - 2 1. A. II. NUMBER AND LOCATION OF SUPPORT CENTERS 2 1. B. RESPONDENTS ABILITY 2 1. C. REFERENCES 3 1. D. RESPONSE TO NATIONAL PROGRAM 3 2. IDENTIFICATION OF RESPONDENTS 4 - 6 3. ADDITIONAL QUALIFICATIONS 6 ATTACHEMENT D – NATIONAL IPA DOCUMENT 1 - 32 DNB RISK MANAGEMENT DOCUMENT 1 - 32 TAB 3 TAB 3 – PROGRAM DESCRIPTION AND METHOD OF APPROACH DOCUMENT 1 - 25 1. DISTRIBUTION NETWORK 1 - 2 2. REPORTING 2 - 3 3. PRODUCT REQUIREMENTS 3 - 20 4. SERVICE 20 - 24 5. ORDERING AND INVOICES 25 6. OTHER 25 ATTACHMENT C – SAMPLE EQUIPMENT SPECIFICATIONS 1 - 6 TORO EQUIPMENT MAINTENANCE PRODUCTS AND SCHEDULES FOR EQUIPMENT IN ATTACHMENT C 1 TORO DISTRIBUTOR LISTING 1 COPY OF INVOICE 1 SNC CERTIFICATE OF DELIVERY 1 TAB 4 TAB 4 – PRICING AND COMPENSATION FORMS DOCUMENT 1 - 5 1. PRICE PROPOSAL 1 2. PROPOSED BUSINESS PRICING MODELS 2 - 3 3. PROPOSED DELIVERY MODEL 3 4. PRICING CHANGES 3 - 4 5. MOST FAVORABLE PRICING 4 6. ADDITIONAL DISCOUNTS 4 7. ORDERING METHODS 5 8. PAYMENT TERMS 5 Page 220 of 940 THE TORO COMPANY City of Mesa 2 City of Mesa RFP for: Grounds Maintenance, Equipment, Parts, Accessories, Supplies, Related Services and Equipment Solicitation # 2017025 TABLE OF CONTENTS TAB 4 CONTINUED… ATTACHMENT A – MESA PRICING AND COMPENSATION ADDENDUM 12/07/16 1 – 7 TORO COMMERCIAL PRODUCTS PRICE LIST 1 - 47 GOLF IRRIGATION PRICE LIST 1 - 93 TORO RESIDENTIAL/COMMERCIAL IRRIGATION PRICE LIST 1 - 24 IRRITROL IRRIGATION PRICE LIST 1 - 14 RAIN MASTER CENTRAL CONTROL PRICE LIST 1 - 6 SENTINEL CENTRAL CONTROL PRODUCTS PRICE LIST 1 - 15 TORO LCE (LANDSCAPE CONTRACTOR EQUIPMENT) PRICE LIST 1 - 9 TORO SWS (SITEWORKS SYSTEM) PRICE LIST 1 - 10 TORO SWS SI (SITEWORKS SYSTEM) PRICE LIST 1 - 7 TORO SWS SII (SITEWORKS SYSTEM) PRICE LIST 1 - 6 TORO SWS SIII (SITEWORKS SYSTEM) PRICE LIST 1 - 2 BOSS PRICE LIST 1 - 3 TAB 5 TAB 5 – OTHER FORMS DOCUMENT 1 ATTACHMENT B – REQUIRED RESPONSE FORMS 1 - 5 EXCEPTIONS TAKEN DOCUMENT 1 - 5 W9 FORM 1 Page 221 of 940 THE TORO COMPANY City of Mesa 1 City of Mesa RFP for: Grounds Maintenance, Equipment, Parts, Accessories, Supplies, Related Services and Equipment Solicitation # 2017025 TAB 1 - Letter of Transmittal. A brief letter of transmittal should be submitted that includes the following information: 1. The Respondent’s understanding of the work to be performed. 2. A positive commitment to perform the service within the time period specified. 3. The names of key persons, representatives, project managers who will be the main contacts for the City regarding this Solicitation. See the attached ‘Letter of Transmittal’ document. Page 222 of 940 The Toro Company 8111 Lyndale Avenue South, Bloomington, Minnesota 55420-1196 Phone 952/888-880 www. toro. com Fax 952/887-8258 Jess Romney, CPPB December 9, 2016 Procurement Officer Mesa City Plaza 20 E. Main St, Room #450 North Mesa, AZ 85211-1466 Dear Mr. Romney, It is our understanding that the City of Mesa, Arizona is soliciting a response for Grounds Maintenance Equipment, Parts, Accessories, Supplies, Related Services and Equipment for the City of Mesa as well as other government agencies through a piggybacking process. National IPA is the cooperative organization that will allow for this contract to be utilized by other agencies and therefore we will also be contracting with National IPA as part of this agreement. For the past nine years, The Toro Company has been the sole contract holder for Grounds Maintenance Equipment for National IPA through the City of Tucson as the Principal Procurement Agency. Through a competitive process The Toro Company was awarded the contract in 2007 and again in 2012. In conjunction with our National IPA partners, we have provided training to our national distributor/dealer networks to understand cooperative purchasing and the benefits that this contract holds. Through our sales and marketing efforts we have grown this contract into a vehicle that thousands of agencies across the country rely on for purchasing their Grounds Maintenance Equipment. The primary contacts for this contract will be Pete Whitacre and Jon Stodola for Toro representing sales, Paula Sliefert and David Yakes representing Toro marketing. On a local basis, Shelly Spencer will be representing Simpson Norton management, Fred Balzarini represents outside sales, and Mike Swichtenberg represents service. This response includes participation from Toro’s Commercial, Landscape Contractor, Site Works Systems, Golf Irrigation and Residential Commercial Irrigation and BOSS divisions. We are confident we represent the most complete offering for your ground maintenance equipment needs, not only for the City of Mesa, but also for other public agencies nation-wide. We look forward to supporting and growing this contract with you and other National IPA participating agencies. Thank you for your consideration of The Toro Company as your Grounds Maintenance Equipment provider. Best regards, Brad Hamilton Vice President Commercial Division The Toro Company Page 223 of 940 THE TORO COMPANY City of Mesa 1 City of Mesa RFP for: Grounds Maintenance, Equipment, Parts, Accessories, Supplies, Related Services and Equipment Solicitation # 2017025 TAB 2 - Qualifications. (Abilities, Experience and Expertise) The following information should be included: 1. A statement of Respondent’s qualifications, abilities, experience and expertise in providing the requested goods and services. The National IPA contract has been one of Toro’s primary go to market strategies for selling products and services to government agencies. We have been educating our distributors, dealers and customers regarding this contract for nine years. We regularly meet with National IPA’s management team to discuss successes and plan strategies to grow this business. Toro’s executives are also very involved with the strategies associated with this contract. a. A description of what qualifies Respondent, financial and otherwise, to provide the City with these services/materials for the required period of time, including information demonstrating Respondent has the appropriate staffing, necessary resources, and a history of demonstrated competence. Include: i. A brief history and description of your company. About The Toro Company The Toro Company (NYSE: TTC) is a leading worldwide provider of innovative solutions for the outdoor environment including turf, snow and ground engaging equipment, and irrigation and outdoor lighting solutions. With sales of $2.4 billion in fiscal 2015, Toro’s global presence extends to more than 90 countries. Through constant innovation and caring relationships built on trust and integrity, Toro and its family of brands have built a legacy of excellence by helping customers care for golf courses, landscapes, sports fields, public green spaces, commercial and residential properties and agricultural fields. For more information, visit www.toro.com. The Toro Company is proud of its legacy of quality and innovation. Founded in 1914 to build tractor engines for The Bull Tractor Company, the company survived the tumultuous years of World War I by building steam steering engines for merchant ships to support the war effort. In 1920, Toro entered the turf industry when it mounted five reel mowers to the front of a Toro tractor to cut the fairways at The Minikahda Club in Minneapolis. We take pride in our responsibility to employees, customers, shareholders and the environment. Since 1914, we have cultivated our reputation around trusted relationships and constant innovation to help anticipate the future needs of our customers. At the same time, we are building on a tradition of excellence around a number of strong brands to help customers care for golf courses, sports fields, public green spaces, commercial and residential properties, and agricultural fields. Over the years, we have strengthened our position as a leading worldwide provider of turf and landscape maintenance equipment, and precision irrigation solutions due in large part to a strong network of distributors, dealers and retailers in nearly 80 countries around the world. Page 224 of 940 THE TORO COMPANY City of Mesa 2 City of Mesa RFP for: Grounds Maintenance, Equipment, Parts, Accessories, Supplies, Related Services and Equipment Solicitation # 2017025 The Toro Company’s Commercial Division employs 14 Regional and District Sales Managers that call directly on customers and Distributors. These resources are located in Minnesota, Indiana, Connecticut, Virginia, Florida and California. Most customer activity for the Commercial Division products will be with our distributors sales force of approximately 200 sales representatives. The resources are located in every state except Alaska. ii. Number and location of support centers (if applicable). All of Toro's Commercial products are shipped from our warehouse in Tomah, Wisconsin to distribution. Distributors' facilities range in size depending on the services offered at the facility such as sales, service, parts etc. Toro’s Commercial Channel of distributors have over 100 offices nationally ranging in size from 10,000 square feet to 150,000 square feet. b. An assessment of the Respondent’s ability to meet and satisfy the needs of the City, taking into consideration the requested services, additional services and expertise offered that exceed the requirements of the Solicitation, and the Respondent’s inability to meet any of the requirements of the specifications. The Toro Company and our distributor/dealer channel have been marketing and selling the National IPA contract for nine years. When we first started this contract in 2007, most of our distributors were not aware of what cooperative purchasing was. In the early months of the contract we developed an aggressive training program with our channel partners and the National IPA sales and marketing team. One by one they learned what the contract was, the benefits to them and the benefits to their customers. The going was slow at first, but now the term ‘cooperative contract’ is part of their everyday lexicon. All of our distributors are actively selling our equipment through this contract. Our training continues, and over the years we have enlisted the help of local NIGP chapters leaders to teach our distributors how to sell to government agencies. Through Paula Sliefert and Pete Whitacre’s involvement in the NIGP’s Business Council we had a recent panel discussion at our national sales meeting that included past NIGP Presidents and current members of NIGP’s Governing Board, which allowed our distributor teams to ask questions and learn from practitioners on how they perceive cooperative purchasing, and the value of understanding the entire organization’s needs. We know that selling to government agencies requires a knowledge of process at each location and we have instilled that in our channel partners. Within the golf industry, Toro is the market share leader by a wide margin. This is due primarily to our dedicated focus and support, and the strength and dedication of our channel partners. Toro also offers the wideset array of products to serve the municipal market. Our response includes participation from Toro’s Commercial, Landscape Contractor (LCE), Site Works Systems (SWS), Golf Irrigation and Residential Commercial Irrigation and BOSS divisions. We are confident we represent the most complete offering for your ground maintenance equipment needs, not only for the City of Mesa, but also for other public agencies nationally. Page 225 of 940 THE TORO COMPANY City of Mesa 3 City of Mesa RFP for: Grounds Maintenance, Equipment, Parts, Accessories, Supplies, Related Services and Equipment Solicitation # 2017025 c. References – A minimum of three (3) references, preferably from other public entities within the State of Arizona, for whom you have provided similar services. Include the name of the entity, contact person’s names, phone numbers, e-mail addresses, mailing addresses, type of service provided, and dates the services were provided. City of Peoria Charlie Johnson, PW-UT Management Analyst Public Works Management Analyst 8850 N. 79th Ave. City of Peoria, AZ 85345 623-764-4641 Cell | 623-773-7495 Desk | 623-773-7496 Fax Charles.Johnson@peoriaaz.gov Combined Sales 11/01/16 – 11/21/16 $1,111,122 Toro Commercial Equipment City of Tucson Frank Barajas 900 S. Randolph Way Tucson, AZ 85716 520-631-3629 Cell | 520-791-4872 x 213 | 520-791-4008 Fax Fbaraja1@ci.tucson.az.us Combined Sales 11/01/16 – 11/21/16 $618,300 Toro Commercial Equipment and Golf Irrigation products City of Tempe Michael Greene, Procurement Administrator 20 East 6th Street Tempe, AZ 85280 480-350-8516 office | 480-858-7701 fax Michael_greene@tempe.gov Combined Sales 11/01/16 – 11/21/16 $1,317,589 Toro Commercial Equipment City of Goodyear Charles Schneider, Fleet Superintendent Municipal Services/Public works 4971 S. 157th Ave. Goodyear, AZ 85338 623-208-0112 Cell | 623-882-7195 Office Charles.Schneider@goodyearaz.gov Combined Sales 11/01/16 – 11/21/16 $612,612 Toro Commercial Equipment d. Provide a response to the national program. Include a detailed response to Attachment D, Exhibit A, National IPA response for National Cooperative contract. Responses should highlight experience, demonstrate a strong national presence, describe how Respondent will educate its national sales force about the contract, describe how products and services will be distributed Nationwide, include a plan for marketing the products and services Nationwide, and describe how volume will be tracked and reported to National IPA. The successful offeror will be required to sign Attachment D, Exhibit B, National IPA Administration Agreement. Offerors should have any reviews required to sign the document prior to submitting a response. Offeror’s response should include any proposal exceptions to the National IPA Administration Agreement. See attachment D. Page 226 of 940 THE TORO COMPANY City of Mesa 4 City of Mesa RFP for: Grounds Maintenance, Equipment, Parts, Accessories, Supplies, Related Services and Equipment Solicitation # 2017025 2. Identification of senior and technical staff of Respondent to be assigned to the City. Staff named in the Response may not be substituted without permission of the City. Include in the Response resumes and relevant experience. Toro Staff Pete Whitacre, Regional Business Manager, has been with The Toro Company for 11 years. Pete has been the primary manager of the current City of Tucson/National IPA contract for the past nine years. He holds a Certified Sales Executive (CSE) designation from Sales & Marketing Executives International. He has 25 years of experience selling to the government market and understands the buying and selling process that is specific to government. Pete holds a Government Contractor Certificate (GCC) through the National Institute for Government Purchasing (NIGP) showing his commitment to this market. He also sits on the NIGP National Business Council as an advisor to the NIGP Board. Paula Sliefert joined The Toro Company in 2007 and currently serves as senior marketing manager in the company’s Commercial Business. In her role, she has responsibility for supporting a number of Toro’s key industry relationships – in addition to helping develop and implement strategies targeted at growing the Sports Fields & Grounds market segments, which represents professional and collegiate sports, educational institutions, and government including federal, state and local entities. Paula is a graduate of Simpson College with a bachelor’s degree in German and International Business and holds a master’s degree in German from Bowling Green State University. She studied and worked abroad in both Germany and Austria, having completed a work abroad program with Mercedes Benz, as well as having attended the University of Salzburg, Austria. Professional Affiliations National Institute of Governmental Purchasing (NIGP): Member & Past Elected Business Council Chairperson Green Industry Expo (GIE) – (NALP & PGMS): Elected Show Board of Directors Member Sports Turf Managers Association (STMA): Member / International Committee Commercial Advisory Board: Invited Member Safer Athletic Fields for Everyone Foundation (SAFE): Elected Board of Directors Member Professional Grounds Management Society (PGMS): Elected Board of Directors Member National Recreation & Park Association (NRPA): Member & Sponsor of Directors School City Parks Alliance (CPA): Member / 2017 Greater & Greener Conference Planning Committee Synthetic Turf Council (STC): Member Snow & Ice Management Association (SIMA): Member American Public Works Association (APWA): Member Leadership in Educational Facilities (APPA): Member Page 227 of 940 THE TORO COMPANY City of Mesa 5 City of Mesa RFP for: Grounds Maintenance, Equipment, Parts, Accessories, Supplies, Related Services and Equipment Solicitation # 2017025 Jon Stodola, CSE - State and Local Government Sales manager, has been with the Toro Company for 1 year and works directly with our distribution team on education and positioning of the City of Tucson/National IPA contract. He is a member of the APWA, SIMA and APPA. He spent the previous 4 years with Office Depot where he served as a Government & Education Manager – North Central Plains, assisting representatives of K-12, Higher education, State and Local Government in the design and implementation of customized procurement programs that addressed their financial goals and community objectives. He holds a Certified Sales Executive (CSE) designation from Sales & Marketing Executives International which places a high value on ethical sales practices. David Yakes, Marketing Manager for Sports Fields & Grounds for the Commercial Division, has been with the Toro company for 3 years. David has over 17 years of marketing experience in a variety of business-to-business and business-to-consumer roles, including SuperValu Inc, a grocery wholesaler and retailer, and Campbell Mithun, advertising agency. David also has experience working with the State of Minnesota, Office of the Governor, in a constituent and state agency role. Marketing experience includes product and service positioning and promotion, customer and sales channel engagement, customer research and market analysis, and strategy development and execution. Simpson Norton Staff Shelly Spencer, CSE - Sports Fields & Grounds Manager and a Member of STMA. Over 34 years in the industry with the last 14 years focused on Contracts and the municipal customer. Shelly will be the main contact person for this contract. She is the inside sales person. Her responsibilities include: Contract maintenance. (100%) Equipment recommendations and quotes. (50%) Processes all purchase orders. (100%) Fred Balzarini, SCPS - Outside Sales Manager with more than 24 years in the industry and the last 11 years with Simpson Norton focusing on Commercial / Government sales. Fred will provide customers with equipment recommendations, quotes and training on new equipment. (100%) In-house techs: Randy Waymire - 14 years in the industry and nearly 1 year with Simpson Norton. Nick Nielsen - 18 years in the industry and the last 7 years with Simpson Norton. Jeff Lucas - 10 years in the industry and with Simpson Norton. Personnel Joe Goodwin, CSE – Vice-President Sales for Simpson Norton. 29 years in the industry with the last 21 years at Simpson Norton. Joe oversees the entire sales team for all divisions of business. Joe can provide equipment recommendations and quotes if needed. (50%) Mike Swichtenberg, CSM Certified Service Manager through the National Association of Service Managers (NASM). The Toro Company requires 100% of all distributor service managers to be CSM Certified. Mike is our Director of Service at Simpson Norton Corporation. He has been in the industry for 26 years and the last 14 years with Simpson Norton. Mike coordinates supplemental group training and manages our entire service department. Page 228 of 940 THE TORO COMPANY City of Mesa 6 City of Mesa RFP for: Grounds Maintenance, Equipment, Parts, Accessories, Supplies, Related Services and Equipment Solicitation # 2017025 Lisa Lofquist, Technical Service Manager - EETC Certified - Toro System Certified Lisa has been in the industry for 22 years and the last 12 years with Simpson Norton. Lisa is the main contact for technical service issues. She oversees the administration of the shop. In-field techs: Randy Waymire - 14 years in the industry and nearly 1 year with Simpson Norton. Nick Nielsen - 18 years in the industry and the last 7 years with Simpson Norton. Jake Pennington - 21 years in the industry and the last 10 years with Simpson Norton. Jeff Lucas - 10 years in the industry and with Simpson Norton. Each of our 4 in-field techs and 3 in-house techs are Toro factory certified through EETC (Equipment Engine Training Council). Each is certified in: 4 Stroke Gasoline Engines, Compact Diesel Engines, Electrical Systems and Hydraulic and Drivelines. After completion of EETC they continue specialized training through The Toro Company. Our shop foreman, Curt Close, is not only EETC, but holds The Toro Company's SMST (Senior Master Service Technician) certification. Curt has been with Simpson Norton and the industry for 40 years. Local training is provided to the customer at time of delivery by the salesman and a service technician assigned to that particular customer. Training is one-on-one or group training. Operator manuals, repair manuals and CD/DVD's etc. are provided at time of delivery and are reviewed with the customer for each piece of equipment. As per item 5 in Scope of Work we acknowledge and accept these training requirements. 3. Please submit any additional qualification information that you feel is applicable to your qualifications and experience. For the past nine year we have been marketing, advertising and selling the City of Tucson/National IPA agreement. Attached is an example of some marketing efforts we have jointly developed. Toro and our distribution channel have great relationships with National IPA. We are actively engaged with their national sales team to make joint sales calls and have strategic plans in place, which we are currently implementing, to grow this contract. They know our products and they know our people. We know each other’s strengths. We have monthly calls with the 4 Group Vice Presidents to track our progress on our strategy. Our Executives have relationships and they are involved with the process. Over the nine years we have develop a very strong partnership to drive growth. Page 229 of 940 Attachment D Requirements for National Cooperative Contract To be Administered by National Intergovernmental Purchasing Alliance Company The following documents are used in evaluating and administering national cooperative contracts and are included for Supplier’s review and response. National IPA Exhibit A – NATIONAL IPA RESPONSE FOR NATIONAL COOPERATIVE CONTRACT National IPA Exhibit B – NATIONAL IPA ADMINISTRATION AGREEMENT, EXAMPLE National IPA Exhibit C – NATIONAL IPA MASTER INTERGOVERNMENTAL COOPERATIVE PURCHASING AGREEMENT, EXAMPLE National IPA Exhibit D – NATIONAL IPA PRINCIPAL PROCUREMENT AGENCY CERTIFICATE, EXAMPLE National IPA Exhibit E – NATIONAL IPA CONTRACT SALES REPORTING TEMPLATE National IPA Exhibit F – NATIONAL IPA ADVERTISING COMPLIANCE REQUIREMENT Page 230 of 940 Requirements for National Cooperative Contract Page 2 of 32 NATIONAL INTERGOVERNMENTAL PURCHASING ALLIANCE COMPANY EXHIBITS EXHIBIT A- RESPONSE FOR NATIONAL COOPERATIVE CONTRACT 1.0 Scope of National Cooperative Contract 1.1 Requirement The City of Mesa, AZ (hereinafter defined and referred to as “Principal Procurement Agency”), on behalf of itself and the National Intergovernmental Purchasing Alliance Company (“National IPA”), is requesting proposals for Grounds Maintenance Equipment, Parts, Accessories, Supplies, Related Services and Related Equipment.. The intent of this Request for Proposal is that any contract between Principal Procurement Agency and Supplier resulting from this Request for Proposal (hereinafter defined and referred to as the “Master Agreement”) be made available to other public agencies nationally, including state and local governmental entities, public and private primary, secondary and higher education entities, non-profit entities, and agencies for the public benefit (“Public Agencies”), through National IPA’s cooperative purchasing program. The Principal Procurement Agency has executed a Principal Procurement Agency Certificate with National IPA (an example of which is included as Exhibit D) and has agreed to pursue the Master Agreement. Use of the Master Agreement by any Public Agency is preceded by their registration with National IPA as a Participating Public Agency in National IPA’s cooperative purchasing program. Registration with National IPA as a Participating Public Agency is accomplished by Public Agencies entering into a Master Intergovernmental Cooperative Purchasing Agreement, an example of which is attached as Exhibit C. The terms and pricing established in the resulting Master Agreement between the Supplier and the Principal Procurement Agency will be the same as that available to Participating Public Agencies through National IPA. All transactions, purchase orders, invoices, payments etc., will occur directly between the Supplier and each Participating Public Agency individually, and neither National IPA, any Principal Procurement Agency nor any Participating Public Agency, including their respective agents, directors, employees or representatives, shall be liable to Supplier for any acts, liabilities, damages, etc., incurred by any other Participating Public Agency. This Exhibit A defines the expectations for qualifying Suppliers based on National IPA’s requirements to market the resulting Master Agreement nationally to Public Agencies. Each section in this Exhibit A refers to the capabilities, requirements, obligations, and prohibitions of competing Suppliers on a national level in order to serve Participating Public Agencies through National IPA. These requirements are incorporated into and are considered an integral part of this RFP. National IPA reserves the right to determine whether or not to make the Master Agreement awarded by the Principal Procurement Agency available to Participating Public Agencies. Page 231 of 940 Requirements for National Cooperative Contract Page 3 of 32 1.2 Marketing, Sales and Administrative Support During the term of the Master Agreement National IPA intends to provide marketing, sales and administrative support for Supplier pursuant to this section 1.2 that directly promotes the Supplier’s products and services to Participating Public Agencies through multiple channels, each designed to promote specific products and services to Public Agencies on a national basis. The National IPA marketing team will work in conjunction with Supplier to promote the Master Agreement to both existing Participating Public Agencies and prospective Public Agencies through: A. Marketing collateral (print, electronic, email, presentations) B. Website development and support C. Trade shows/conferences/meetings D. Advertising E. Social Media F. Sales Team Support The National IPA sales teams will work in conjunction with Supplier to promote the Master Agreement to both existing Participating Public Agencies and prospective Public Agencies through: A. Individual sales calls B. Joint sales calls C. Communications/customer service D. Training sessions for Public Agency teams E. Training sessions for Supplier teams The National IPA contracting teams will work in conjunction with Supplier to promote the Master Agreement to both existing Participating Public Agencies prospective Public Agencies through: A. Serving as the subject matter expert for questions regarding joint powers authority and state statutes and regulations for cooperative purchasing B. Training sessions for Public Agency teams C. Training sessions for Supplier teams D. Regular business reviews to monitor program success E. General contract administration Suppliers are required to pay an administrative fee of 2% of the greater of the Contract Sales under the Master Agreement and Guaranteed Contract Sales under this Request for Proposal. Supplier will be required to execute the National IPA Administration Agreement (refer to Exhibit B). Capitalized terms not otherwise defined herein shall have the meanings given to them in the Master Agreement or in the National Intergovernmental Purchasing Alliance Company Administration Agreement between Supplier and National IPA (the "National IPA Administration Agreement") 1.3 Estimated Volume Page 232 of 940 Requirements for National Cooperative Contract Page 4 of 32 The dollar volume purchased under the Master Agreement is estimated to be approximately $35 annually. While no minimum volume is guaranteed to Supplier, the estimated annual volume is projected based on the current annual volumes among the Principal Procurement Agency, other Participating Public Agencies that are anticipated to utilize the resulting Master Agreement to be made available to them through National IPA, and volume growth into other Public Agencies through a coordinated marketing approach between Supplier and National IPA. 1.4 Award Basis The basis of any contract award resulting from this RFP made by Principal Procurement Agency will be the basis of award on a national level through National IPA. If multiple suppliers are awarded by Principal Procurement Agency under the Master Agreement, those same suppliers will be required to extend the Master Agreement to Participating Public Agencies through National IPA. Utilization of the Master Agreement by Participating Public Agencies will be at the discretion of the individual Participating Public Agency. Certain terms of the Master Agreement specifically applicable to the Principal Procurement Agency are subject to modification for each Participating Public Agency as Supplier, such Participating Public Agency and National IPA shall agree. Participating Agencies may request to enter into a separate supplemental agreement to further define the level of service requirements over and above the minimum defined in the Master Agreement (i.e. invoice requirements, order requirements, specialized delivery, diversity requirements such as minority and woman owned businesses, historically underutilized business, governing law, etc.). Any supplemental agreement developed as a result of the Master Agreement is exclusively between the Participating Agency and the Supplier (Contract Sales are reported to National IPA). 1.5 Objectives of Cooperative Program This RFP is intended to achieve the following objectives regarding availability through National IPA’s cooperative program: A. Provide a comprehensive competitively solicited and awarded national agreement offering the Products covered by this solicitation to Participating Public Agencies; B. Establish the Master Agreement as the Supplier’s primary go to market strategy to Public Agencies nationwide; C. Achieve cost savings for Supplier and Public Agencies through a single solicitation process that will reduce the Supplier’s need to respond to multiple solicitations and Public Agencies need to conduct their own solicitation process; D. Combine the aggregate purchasing volumes of Participating Public Agencies to achieve cost effective pricing. 2.0 REPRESENTATIONS AND COVENANTS As a condition to Supplier entering into the Master Agreement, which would be available to all Public Agencies, Supplier must make certain representations, warranties and covenants to both the Principal Procurement Agency and National Page 233 of 940 Requirements for National Cooperative Contract Page 5 of 32 IPA designed to ensure the success of the Master Agreement for all Participating Public Agencies as well as the Supplier. 2.1 Corporate Commitment Supplier commits that (1) the Master Agreement has received all necessary corporate authorizations and support of the Supplier’s executive management, (2) the Master Agreement is Supplier's primary “go to market” strategy for Public Agencies, (3) the Master Agreement will be promoted to all Public Agencies, including any existing customers, and Supplier will transition existing customers, upon their request, to the Master Agreement, and (4) that the Supplier has read and agrees to the terms and conditions of the Administration Agreement with National IPA and will execute such agreement concurrent with and as a condition of its execution of the Master Agreement with the Principal Procurement Agency. Supplier will identify an executive corporate sponsor and a separate national account manager within the RFP response that will be responsible for the overall management of the Master Agreement. 2.2 Pricing Commitment Supplier commits the not-to-exceed pricing provided under the Master Agreement pricing is its lowest available (net to buyer) to Public Agencies nationwide and further commits that if a Participating Public Agency is eligible for lower pricing through a national, state, regional or local or cooperative contract, that the Supplier will match such lower pricing to that Participating Public Agency under the Master Agreement. 2.3 Sales Commitment Supplier commits to aggressively market the Master Agreement as its go to market strategy in this defined sector and that its sales force will be trained, engaged and committed to offering the Master Agreement to Public Agencies through National IPA nationwide. Supplier commits that all Master Agreement sales will be accurately and timely reported to National IPA in accordance with the National IPA Administration Agreement. Supplier also commits that its sales force will be compensated, including sales incentives, for sales to Public Agencies under the Master Agreement in a consistent or better manner compared to sales to Public Agencies if the Supplier were not awarded the Master Agreement. 3.0 SUPPLIER QUALIFICATIONS Supplier must supply the following information in order for the Principal Procurement Agency to determine Supplier’s qualifications to extend the resulting Master Agreement to Participating Public Agencies through National IPA. 3.1 Company A. Brief history and description of your company. The Toro Company (NYSE: TTC) is a leading worldwide provider of innovative solutions for the outdoor environment including turf, snow and ground engaging equipment, and irrigation and outdoor lighting Page 234 of 940 Requirements for National Cooperative Contract Page 6 of 32 solutions. With sales of $2.4 billion in fiscal 2016, Toro’s global presence extends to more than 90 countries. Through constant innovation and caring relationships built on trust and integrity, Toro and its family of brands have built a legacy of excellence by helping customers care for golf courses, landscapes, sports fields, public green spaces, commercial and residential properties and agricultural fields. For more information, visit www.toro.com. The Toro Company is proud of its legacy of quality and innovation. Founded in 1914 to build tractor engines for The Bull Tractor Company, the company survived the tumultuous years of World War I by building steam steering engines for merchant ships to support the war effort. In 1920, Toro entered the turf industry when it mounted five reel mowers to the front of a Toro tractor to cut the fairways at The Minikahda Club in Minneapolis. We take pride in our responsibility to employees, customers, shareholders and the environment. Since 1914, we have cultivated our reputation around trusted relationships and constant innovation to help anticipate the future needs of our customers. At the same time, we are building on a tradition of excellence around a number of strong brands to help customers care for golf courses, sports fields, public green spaces, commercial and residential properties, and agricultural fields. Over the years, we have strengthened our position as a leading worldwide provider of turf and landscape maintenance equipment, and precision irrigation solutions due in large part to a strong network of distributors, dealers and retailers in nearly 90 countries around the world. B. Total number and location of sales persons employed by your company. The Toro Company’s Commercial Division employs 14 Regional and District Sales Managers that call directly on customers and Distributors. These resources are located in Minnesota, Indiana, Connecticut, Virginia, Florida and California. Most customer activity for the Commercial Division products will be with our distributors sales force of approximately 200 sales representatives. The resources are located in every state except Alaska. C. Number and location of support centers (if applicable). All of Toro's Commercial products are shipped from our warehouse in Tomah, Wisconsin to distribution. Distributors' facilities range in size depending on the services offered at the facility such as sales, service, parts etc. Toro’s Commercial Channel of distributors have over 100 offices nationally ranging in size from 10,000 square feet to 150,000 square feet. D. Annual sales for the three previous fiscal years. Page 235 of 940 Requirements for National Cooperative Contract Page 7 of 32 E. Submit your FEIN and Dunn & Bradstreet report. See attached W-9 form and Dunn and Bradstreet report. 3.2 Distribution, Logistics A. Describe how your company proposes to distribute the products/service nationwide. Toro has 22 distributors nationwide that handle product fulfillment to customers. These are in the form of distributors that work primarily with our Commercial Division equipment (golf and grounds) with exclusive territories, and hundreds of dealers that sell our Landscape Contractor, Irrigation, Siteworks System, and BOSS products. Most of the distributors cover several states and have multiple offices. For instance; Simpson Norton Corporation, that services the City of Mesa, has offices in Goodyear, AZ; North Las Vegas, NV; and Albuquerque, NM. Toro Commercial products are manufactured in Tomah, Wisconsin and aggregated at our distribution center, also located in Tomah, for shipment to distribution. All of our distributors keep an inventory of products in local stock and can expect new shipments from Tomah within 6 - 30 days. The distributors then conduct any set-up and checkout of the products prior to shipment. Each distributor has exclusive and protected territory to sell Toro Commercial products to end users. Please refer to the Toro Distributor Listing attached for a listing of distributors and contacts. B. Identify all other companies that will be involved in processing, handling or shipping the products/service to the end user. Our distributors and dealers handle the sales, order processing, fulfillment, billing, and all service work associated with Toro products. See Toro Distributor Listing attached for a list of Commercial equipment distributors and contacts. C. Provide the number, size and location of your company’s distribution facilities, warehouses and retail network as applicable. All of Toro's Commercial products are shipped from our warehouse in Tomah, Wisconsin to distribution. Distributors' facilities range in size depending on the services offered at the facility such as sales, service, parts etc. Toro has over 100 offices nationally ranging in size from 10,000 square feet to 150,000 square feet. D. State any return and restocking policy and fees, if applicable, associated with returns. Page 236 of 940 Requirements for National Cooperative Contract Page 8 of 32 Parts Restocking Policy: 15% restocking fee on parts. New, unused, uninstalled electrical items are eligible for return and subject to the 15% restock fee. Used or installed electrical items cannot be returned. Parts are to be returned to Simpson Norton at customer’s expense within 90 days of purchase. E. Describe the full line of products and services offered by your company. Toro has the broadest product line for all your Grounds Maintenance Equipment needs. We offer the highest quality products for golf courses, parks, sports fields and general grounds maintenance. This includes, many types of reel and rotary mowers, aerators, sprayers, bunker rakes, debris, and utility vehicles. We offer walk behind, stand-on, and ride-on, large area, and zero turn equipment. Our Site Works Systems group offers small skid steers, trenching equipment, underground directional drilling equipment. We have both golf irrigation and residential commercial irrigation. Our BOSS group offers snow plows and spreaders. 3.3 Marketing and Sales A. Provide a detailed ninety-day plan beginning from award date of the Master Agreement describing the strategy to immediately implement the Master Agreement as your company’s primary go to market strategy for Public Agencies to your teams nationwide, to include, but not limited to: i. Executive leadership endorsement and sponsorship of the award as the public sector go-to-market strategy within first 10 days The Toro Company will release a Distributor Operating Bulletin (DOB) to its channel partners, endorsed by the executive sponsor Brad Hamilton, Vice President, Commercial. A press release will also be distributed to the marketplace as well as the various associations with which Toro is affiliated (e.g. GCSAA, STMA, NRPA, NIGP, etc.) This Press Release will be posted in the on-line Toro website media room and communicated via social media channels Additionally Toro University hosts monthly webcasts and other training events where the contract has and will continue to be discussed. ii. Training and education of your national sales force with participation from the executive leadership of your company, along with the National IPA team within first 90 days Since November 2007, we have been training and implementing this contract with our distributor and dealer partners. If we are awarded the City of Mesa contract, we will continue to employ many different techniques to provide training. Initially, we will train the Toro sales and marketing team responsible for this implementation. We will provide Power Point presentations to our distributors that are co- Page 237 of 940 Requirements for National Cooperative Contract Page 9 of 32 authored by Toro and the National IPA. We will implement individual conference calls by distributor to review the contract, discuss the benefits to the customer and the distributor and answer questions. The Toro sales and marketing team will make sales calls with our channel partners and National IPA teams to our end users to discuss this contract and sign up new users. Our marketing department will create specific documents that provide our distributors and customers with an overview of the contract and the benefits to them. These marketing pieces will be made available to all of our distributors and will be used at local and national trade shows. As part of the ongoing training process, Toro representatives will drive participation in local and regional trade shows and conferences with our distributors where we model the selling of this contact to customers. We will continue to train our sales force and engaging the resources we need to assure success of this contract. B. Provide a detailed ninety-day plan beginning from award date of the Master Agreement describing the strategy to market the Master Agreement to current Participating Public Agencies, existing Pubic Agency customers of Supplier, as well as to prospective Public Agencies nationwide immediately upon award, to include, but not limited to: i. Creation and distribution of a co-branded press release to trade publications A Press Release will be developed and released to the marketplace & industry associations Social Media - Toro FaceBook Page posting and LinkedIn posting as well as a Twitter communication email Blast – National IPA list email Blast – NIGP list email Blast – incorporated into Grounds for Success eNewsletter (Onvia list to 18K) ii. Announcement, contract details and contact information published on the Supplier company website within first 90 days This will be done through our Distributor Operating Bulletins. iii. Design, publication and distribution of co-branded marketing materials within first 90 days • National IPA logo would remain as a part of the National Ads in Government Sector publications • Print collateral pieces would be updated and released Page 238 of 940 Requirements for National Cooperative Contract Page 10 of 32 • A Webinar will be conducted with Distributor partners as a part of the Sports Fields & Grounds (SFG) market training • Distributors will be hosting SFG open house events where the Contract will be a section of the presentations • Training – Toro University both in person and on-line will take place iv. Commitment to attendance and participation with National IPA at national (i.e. NIGP Annual Forum, NPI Conference, etc.), regional (i.e. Regional NIGP Chapter Meetings, etc.) and supplier- specific trade shows, conferences and meetings throughout the term of the Master Agreement Toro plans to participate in various industry trade shows including NIGP & various local Chapter events (CAPPO, FAPPO, etc) as well as NAEP, etc. v. Commitment to attend, exhibit and participate at the NIGP Annual Forum in an area reserved by National IPA for partner suppliers. Booth space will be purchased and staffed by your company. In addition, you commit to provide reasonable assistance to the overall promotion and marketing efforts for the NIGP Annual Forum, as directed by National IPA. We have participated in this manner for the last nine years and will continue to do so. We also participate on a local level with many NIGP chapter events and National IPA summit conferences. Finally, Toro plans to attend the NAEP conference as well. vi. Design and publication of national and regional advertising in trade publications throughout the term of the Master Agreement We advertise both on-line and in print on an ongoing basis through many government trade publications and where appropriate they have the National IPA logo on them identifying the contract. vii. Ongoing marketing and promotion of the Master Agreement throughout its term (case studies, collateral pieces, presentations, promotions, etc.) Through our relationship with the NIGP we have provided case studies and developed White Papers with regards to cooperative purchasing on a national and local level. We also leverage government data using Onvia and Smart Procure systems. viii. Dedicated National IPA internet web-based homepage on Supplier website with: • National IPA standard logo; Page 239 of 940 Requirements for National Cooperative Contract Page 11 of 32 • Copy of original Request for Proposal; • Copy of contract and amendments between Principal Procurement Agency and Supplier; • Summary of Products and pricing; • Marketing Materials • Electronic link to National IPA’s website including the online registration page; • A dedicated toll free number and email address for National IPA • Torogov.com website would be updated to reflect new contract C. Describe how your company will transition any existing Public Agency customers’ accounts to the Master Agreement available nationally through National IPA. Include a list of current cooperative contracts (regional and national) your company holds and describe how the Master Agreement will be positioned among the other cooperative agreements. Toro has acted in good faith to the National IPA in developing and growing the current Grounds Equipment contract. We have proven ourselves over the last nine years to add value to our customers. Our current contract has always been positioned as a tool for our customers to use to make procurement easier, reduce procurement costs, leverage pricing and reduce cycle time. In those states that currently do not have or have a limited state contract, we will position the City of Mesa/National IPA contract as a primary vehicle to local forms of government. In states that have a state contract, we will review the benefits of the City of Mesa/National IPA contract and let the customers make the value judgment. The growth of our current contract over the past nine years is proof of the value we add to our end users. D. Acknowledge that your company agrees to provide its company/corporate logo(s) to National IPA and agrees to provide permission for reproduction of such logo in marketing communications and promotions. Acknowledge that use of National IPA logo will require permission for reproduction, as well. We have provided and will continue to provide use of the Toro logo to the National IPA as long as each use of the logo is approved by Toro prior to publication and complies with our brand standards. E. Supplier is responsible for proactive direct sales of Supplier’s goods and services to Public Agencies nationwide and the timely follow up to leads established by National IPA. All sales materials are to use the National IPA logo. At a minimum, the Supplier’s sales initiatives should communicate: Page 240 of 940 Requirements for National Cooperative Contract Page 12 of 32 i. Master Agreement was competitively solicited and publicly awarded by a Principal Procurement Agency ii. Best government pricing iii. No cost to participate iv. Non-exclusive contract Toro acknowledges this requirement and will comply. F. Supplier is responsible for the training of its national sales force on the Master Agreement. At a minimum, sales training should include: i. Key features of Master Agreement ii. Working knowledge of the solicitation process iii. Awareness of the range of Public Agencies that can utilize the Master Agreement through National IPA iv. Knowledge of benefits of the use of cooperative contracts Toro and our distributors have a very comprehensive knowledge of the features, process and awareness of our current contract and through our training will have with the City of Mesa contract as well. This knowledge has been represented by the growth in sales across our distribution channel. Any changes to the contract, process or target customer will be communicated to our distributors and individual training arranged for those distributors that require it. F. Provide contact information for the person(s), who will be responsible for: i. Marketing Paula Sliefert Sr. Marketing Manager 952-887-7107 Paula.Sliefert@toro.com ii. Sales Pete Whitacre District Sales Manager 952-887-7936 Peter.Whitacre@toro.com iii. Sales Support Joan Olson Administrative Assistant 952-887-8838 Joan.Olson@toro.com iv. Financial Reporting Anthony Sacco Programs Administrator Page 241 of 940 Requirements for National Cooperative Contract Page 13 of 32 952-887-7255 Anthony.Sacco@toro.com v. Contracts Jon Stodola Government Sales Manager 952-887-7937 Jon.Stodola@toro.com H. Describe in detail how your company’s national sales force is structured, including contact information for the highest-level executive in charge of the sales team. The Toro Company Rick Olson – President & CEO Brad Hamilton – Vice President, Commercial Division Brad reports to Rick Olson. Reporting to Brad are our directors of sales, marketing, technical operations, customer care and controller for Commercial Division. Brad can be reached at 952-887-8815 or brad.hamilton@toro.com Jim Heinze – Director, Commercial Sales Jim reports to Brad and leads a team of Regional and District Sales Managers that have responsibility for growing sales in the United States and Canada. They are also responsible for goal setting with distributors, understanding distributor training and development needs, and implementing programs and contracts such as this. Jim can be reached at 952-887-8892 or jim.heinze@toro.com Distribution Most of our distributors are privately owned companies that are the connection from Toro to end use customer. The sales managers that report to the owners of these companies will manager a team of representatives responsible for selling and marketing Toro products. Every area of the United States has a representative assigned for sales coverage from one of our distributors. We have included a listing of these distributors and a contact list with this proposal. I. Explain in detail how the sales teams will work with the National IPA team to implement, grow and service the national program. We will continue to proactively train our sales organization and target accounts that would benefit from this contract. This includes the development of sales literature updated with the new contract information and use of the National IPA logo on targeted pieces. We are always looking for ways to Page 242 of 940 Requirements for National Cooperative Contract Page 14 of 32 engage the National IPA organization in our sales meetings. We look at National IPA as an extension of our sales team. We want to make sure they understand how we sell to end users so they can better position The Toro Company when making sales calls. J. Explain in detail how your organization will manage the overall national program throughout the term of the Master Agreement, including ongoing coordination of marketing and sales efforts, timely new Participating Public Agency account set-up, etc. We communicate through our organization and our channel the best- demonstrated practices, success stories and updates to this contract. We overcome hurdles by demonstrating how other distributors are growing their business through the use of the contract and the use of the National IPA resources. This coordination and communication is part of what Jim Heinze’s sales team is responsible for. As key contacts for the contract, Pete Whitacre and Paula Sliefert will interface with the City of Mesa and National IPA for regular contract review meetings and strategy meetings as we have been doing for over nine years. Through this ongoing communication as changes happen at Toro, such as acquiring a new company, we can make changes to the contract and how it is marketed. Realizing the need for consistent pricing across our distributors, Toro has created a National IPA pricing Program within our national quote system (iQuote). This assures that the correct pricing is applied to the quote, the equipment is ‘fit-up’ correctly and pricing can be verified by our Programs Administration department. We have a process in place that will require our distributors to assign the National IPA agency number to their sales on this contract. This requires them to determine if the customer has already signed up as a participating agency or having them sign up prior to purchasing our products. This process requires time and support by our distributors but we have now built these processes into our daily routine. K. State the amount of your company’s Public Agency sales for the previous fiscal year. Provide a list of your top 10 Public Agency customers, the total purchases for each for the previous fiscal year along with a key contact for each. As we are a publicly traded Company, this detailed information is considered confidential. However below is a representation of The Toro Company revenue for fiscal year 2016 by market and geographic location. Finally, we will commit to developing a list of customers to target for growth on this contract. Page 243 of 940 Requirements for National Cooperative Contract Page 16 of 32 L. Describe your company’s information systems capabilities and limitations regarding order management through receipt of payment, including description of multiple platforms that may be used for any of these functions. We use SAP as our mainframe through which our sales reporting function is housed. Our distributors electronically communicate all transactions to Toro through Connectivity by which we can collect sales data. We are also equipped to conduct Electronic Funds Transfer payments. M. Provide the Contract Sales (as defined in Section 10 of the National Intergovernmental Purchasing Alliance Company Administration Agreement) that your company will guarantee each year under the Master Agreement for the initial three years of the Master Agreement (“Guaranteed Contract Sales”). To the extent Supplier guarantees minimum Contract Sales, the administration fee shall be calculated based on the greater of the actual Contract Sales and the Guaranteed Contract Sales. N. Even though it is anticipated that many Public Agencies will be able to utilize the Master Agreement without further formal solicitation, there may be circumstances where Public Agencies will issue their own solicitations. The following options are available when responding to a solicitation for Products covered under the Master Agreement. i. Respond with Master Agreement pricing (Contract Sales reported to National IPA). ii. If competitive conditions require pricing lower than the standard Master Agreement not-to-exceed pricing, Supplier may respond with lower pricing through the Master Agreement. If Supplier is awarded the contract, the sales are reported as Contract Sales to National IPA under the Master Agreement. iii. Respond with pricing higher than Master Agreement only in the unlikely event that the Public Agency refuses to utilize Master Agreement (Contract Sales are not reported to National IPA). iv. If alternative or multiple proposals are permitted, respond with pricing higher than Master Agreement, and include Master Agreement as the alternate or additional proposal. Detail your strategies under these options when responding to a solicitation. See attachment ‘Exceptions Taken’ for detail. Page 244 of 940 NATIONAL INTERGOVERNMENTAL PURCHASING ALLIANCE COMPANY EXHIBITS EXHIBIT B- NATIONAL IPA ADMINISTRATION AGREEMENT, EXAMPLE Requirements for National Cooperative Contract Page 17 of 32 NATIONAL INTERGOVERNMENTAL PURCHASING ALLIANCE COMPANY ADMINISTRATION AGREEMENT This ADMINISTRATION AGREEMENT (the “Agreement”) is made this ___ day of ______ 20___, between National Intergovernmental Purchasing Alliance Company (“National IPA”), and ________________ (herein “Supplier”). RECITALS WHEREAS, the _______________________ (herein “Principal Procurement Agency”) has entered into a Master Agreement effective _________________, Agreement No_______, by and between the Principal Procurement Agency and Supplier, (as may be amended from time to time in accordance with the terms thereof, the “Master Agreement”), as attached hereto as Exhibit A and incorporated herein by reference as though fully set forth herein, for the purchase of ___________________________ (herein “Product”); WHEREAS, said Master Agreement provides that any or all public agencies, including state and local governmental entities, public and private primary, secondary and higher education entities, non-profit entities, and agencies for the public benefit (“Public Agencies”), that register (either via registration on the National IPA website or execution of a Master Intergovernmental Cooperative Purchasing Agreement, attached hereto as Exhibit B) (hereinafter referred to as a "Participating Public Agency") may purchase Product at prices stated in the Master Agreement; WHEREAS, Participating Public Agencies may access the Master Agreement which is offered through National IPA to Public Agencies; WHEREAS, National IPA serves as the contract administrator of the Master Agreement on behalf of Principal Procurement Agency; WHEREAS, Principal Procurement Agency desires National IPA to proceed with administration of the Master Agreement; and WHEREAS, National IPA and Supplier desire to enter into this Agreement to make available the Master Agreement to Participating Public Agencies and to set forth certain terms and conditions governing the relationship between National IPA and Supplier. NOW, THEREFORE, in consideration of the payments to be made hereunder and the mutual covenants contained in this Agreement, National IPA and Supplier hereby agree as follows: DEFINITIONS 1. Capitalized terms used in this Agreement and not otherwise defined herein shall have the meanings given to them in the Master Agreement. Page 245 of 940 NATIONAL INTERGOVERNMENTAL PURCHASING ALLIANCE COMPANY EXHIBITS EXHIBIT B- NATIONAL IPA ADMINISTRATION AGREEMENT, EXAMPLE Requirements for National Cooperative Contract Page 18 of 32 TERMS AND CONDITIONS 2. The Master Agreement and the terms and conditions contained therein shall apply to this Agreement except as expressly changed or modified by this Agreement. Supplier acknowledges and agrees that the covenants and agreements of Supplier set forth in the solicitation and Supplier’s response thereto resulting in the Master Agreement are incorporated herein and are an integral part hereof. 3. National IPA shall be afforded all of the rights, privileges and indemnifications afforded to Principal Procurement Agency by or from Supplier under the Master Agreement, and such rights, privileges and indemnifications shall accrue and apply with equal effect to National IPA, its agents, employees, directors, and representatives under this Agreement including, but not limited to, the Supplier’s obligation to provide appropriate insurance. 4. National IPA shall perform all of its duties, responsibilities and obligations as contract administrator of the Master Agreement on behalf of Principal Procurement Agency as set forth herein, and Supplier hereby acknowledges and agrees that all duties, responsibilities and obligations will be undertaken by National IPA solely in its capacity as the contract administrator under the Master Agreement. 5. With respect to any purchases by Principal Procurement Agency or any Participating Public Agency pursuant to the Master Agreement, National IPA: (i) shall not be construed as a dealer, re-marketer, representative, partner or agent of any type of the Supplier, Principal Procurement Agency or any Participating Public Agency; (ii) shall not be obligated, liable or responsible for any order for Product made by Principal Procurement Agency or any Participating Public Agency or any employee thereof under the Master Agreement or for any payment required to be made with respect to such order for Product; and (iii) shall not be obligated, liable or responsible for any failure by Principal Procurement Agency or any Participating Public Agency to comply with procedures or requirements of applicable law or the Master Agreement or to obtain the due authorization and approval necessary to purchase under the Master Agreement. National IPA makes no representation or guaranty with respect to any minimum purchases by Principal Procurement Agency or any Participating Public Agency or any employee thereof under this Agreement or the Master Agreement. TERM OF AGREEMENT 6. This Agreement shall be in effect so long as the Master Agreement remains in effect, provided, however, that the provisions of paragraphs 3, 4 and 5 hereof and the indemnifications afforded by the Supplier to National IPA herein and in the Master Agreement, to the extent such provision survive the term of the Master Agreement, shall survive the term of this Agreement. NATIONAL PROMOTION 7. National IPA and Supplier shall publicize and promote the availability of the Master Agreement’s products and services to Public Agencies and such agencies’ employees. Supplier’s failure to maintain its covenants and commitments contained in this Agreement or any action of the Supplier which gives rise to a right by Principal Procurement Agency to terminate the Master Agreement shall constitute a material breach of this Agreement and if not cured within thirty (30) Page 246 of 940 NATIONAL INTERGOVERNMENTAL PURCHASING ALLIANCE COMPANY EXHIBITS EXHIBIT B- NATIONAL IPA ADMINISTRATION AGREEMENT, EXAMPLE Requirements for National Cooperative Contract Page 19 of 32 days of written notice to Supplier shall be deemed a cause for termination of this Agreement at National IPA’s sole discretion. Notwithstanding anything contained herein to the contrary, this Agreement shall terminate on the date of the termination or expiration of the Master Agreement. 8. Supplier shall require each Public Agency to register its participation in the National IPA program by either registering on the National IPA website, www.nationalipa.org, or executing a Master Intergovernmental Cooperative Purchasing Agreement prior to processing the Participating Public Agency’s first sales order. 9. Upon request, Supplier shall make available to interested Public Agencies a copy of the Master Agreement and such price lists or quotes as may be necessary for such Public Agencies to evaluate potential purchases. In addition, Supplier shall provide such marketing and administrative support as set forth in the solicitation resulting in the Master Agreement, including assisting in development of marketing materials as reasonably requested by Principal Procurement Agency and National IPA. Supplier and National IPA shall provide each respective party with its logo (“Logo”) and the standard terms of use for its general use in marketing the Master Agreement. Both parties shall obtain written approval from the other party prior to use of such party’s Logo. Notwithstanding, the parties understand and agree that except as provided herein neither party shall have any right, title or interest in the other party’s Logo. Upon termination of this Agreement, each party shall immediately cease use of the other party’s Logo. MONTHLY REPORTING & FEES 10. Supplier shall pay National IPA an administrative fee in the amount of __% of the total purchase amount paid to Supplier, less refunds, credits on returns, rebates and discounts, for the sale of products and/or services to Principal Procurement Agency and Participating Public Agencies pursuant to the Master Agreement (as amended from time to time and including any renewal thereof) ("Contract Sales"). Supplier shall provide National IPA with an electronic accounting report, in Microsoft Excel, in the format prescribed by National IPA, on a monthly basis summarizing all Contract Sales for the applicable month. A sample of the Contract Sales reporting format is provided as Exhibit C, attached hereto and incorporated herein by reference. 11. Reports of Contract Sales for Principal Procurement Agency and Participating Public Agencies in each calendar month shall be provided by Supplier to National IPA by the 10th day of the following month. Such reports shall be accompanied by an administrative fee payment in the amount indicated on the report as being due. Administrative fee payments are to be paid by the Supplier to National IPA via Automated Clearing House (ACH) to the National IPA designated financial institution identified in Exhibit D. Failure to provide a monthly report or payment of the administrative fees within the time and manner specified herein shall constitute a material breach of this Agreement and if not cured within thirty (30) days of written notice to Supplier shall be deemed a cause for termination of the Master Agreement, at Principal Procurement Agency’s sole discretion, and/or this Agreement, at National IPA’s sole discretion. All administrative fees not paid when due shall bear interest at a rate equal to the lesser of 1 1/2% per month or the maximum rate permitted by law until paid in full. 12. Supplier shall maintain an accounting of all purchases made by Participating Public Agencies under the Master Agreement. National IPA, or its designee, in National IPA’s sole Page 247 of 940 NATIONAL INTERGOVERNMENTAL PURCHASING ALLIANCE COMPANY EXHIBITS EXHIBIT B- NATIONAL IPA ADMINISTRATION AGREEMENT, EXAMPLE Requirements for National Cooperative Contract Page 20 of 32 discretion, reserves the right to compare Participating Public Agency records with monthly reports submitted by Supplier for a period of four (4) years from the date National IPA receives such monthly report. National IPA may engage a third party to conduct an independent audit of Supplier’s monthly reports. In the event of such an audit, Supplier shall provide all materials reasonably requested relating to such audit by National IPA at the location designated by National IPA. In the event an underreporting of Contract Sales and a resulting underpayment of administrative fees is revealed, National IPA will notify the Supplier in writing. Supplier will have thirty (30) days from the date of such notice to resolve the discrepancy to National IPA’s reasonable satisfaction, including payment of any administrative fees due and owing, together with interest thereon in accordance with Section 11, and reimbursement of National IPA's costs and expenses related to such audit. GENERAL PROVISIONS 13. This Agreement, the Master Agreement and the exhibits referenced herein supersede any and all other agreements, either oral or in writing, between the parties hereto with respect to the subject matter hereto and no other agreement, statement, or promise relating to the subject matter of this Agreement which is not contained or incorporated herein shall be valid or binding. In the event of any conflict between the provisions of this Agreement and the Master Agreement, as between National IPA and Supplier, the provisions of this Agreement shall prevail. 14. If any action at law or in equity is brought to enforce or interpret the provisions of this Agreement or to recover any administrative fee and accrued interest, the prevailing party shall be entitled to reasonable attorney’s fees and costs in addition to any other relief to which it may be entitled. 15. This Agreement and National IPA’s rights and obligations hereunder may be assigned at National IPA’s sole discretion, to an existing or newly established legal entity that has the authority and capacity to perform National IPA’s obligations hereunder. Supplier may not assign its obligations hereunder without the prior written consent of National IPA. 16. All written communications given hereunder shall be delivered by first-class mail, postage prepaid, or overnight delivery on receipt to the addresses as set forth below. A. National Intergovernmental Purchasing Alliance Company National IPA Attn: President 2555 Meridian Blvd Suite 300 Franklin, TN 37067 B. Supplier 17. If any provision of this Agreement shall be deemed to be, or shall in fact be, illegal, inoperative or unenforceable, the same shall not affect any other provision or provisions herein contained or render the same invalid, inoperative or unenforceable to any extent whatever, and this Page 248 of 940 NATIONAL INTERGOVERNMENTAL PURCHASING ALLIANCE COMPANY EXHIBITS EXHIBIT B- NATIONAL IPA ADMINISTRATION AGREEMENT, EXAMPLE Requirements for National Cooperative Contract Page 21 of 32 Agreement will be construed by limiting or invalidating such provision to the minimum extent necessary to make such provision valid, legal and enforceable. 18. This Agreement may not be amended, changed, modified, or altered without the prior written consent of the parties hereto, and no provision of this Agreement may be discharged or waived, except by a writing signed by the parties. A waiver of any particular provision will not be deemed a waiver of any other provision, nor will a waiver given on one occasion be deemed to apply to any other occasion. 19. This Agreement shall inure to the benefit of and shall be binding upon National IPA, the Supplier and any respective successor and assign thereto; subject, however, to the limitations contained herein. 20. This Agreement will be construed under and governed by the laws of the state of Delaware, excluding its conflicts of law provisions. Authorized Signature, Supplier NATIONAL INTERGOVERNMENTAL PURCHASING ALLIANCE COMPANY Signature Signature Ward H. Brown Name Name Chief Operating Officer Title Title Date Date Page 249 of 940 NATIONAL INTERGOVERNMENTAL PURCHASING ALLIANCE COMPANY EXHIBITS EXHIBIT C – NATIONAL IPA MASTER INTERGOVERNMENTAL COOPERATIVE PURCHASING AGREEMENT, EXAMPLE Requirements for National Cooperative Contract Page 22 of 32 MASTER INTERGOVERNMENTAL COOPERATIVE PURCHASING AGREEMENT This Master Intergovernmental Cooperative Purchasing Agreement (the “Agreement”) is entered into by and between those certain government agencies that execute a Principal Procurement Agency Certificate (“Principal Procurement Agencies”) with National Intergovernmental Purchasing Alliance Company (“National IPA”) to be appended and made a part hereof and such other public agencies (“Participating Public Agencies”) who register to participate in the cooperative purchasing programs administered by National IPA and its affiliates and subsidiaries (collectively the “National IPA Parties”) by either registering on a National IPA Party website (such as www.nationalipa.org), or by executing a copy of this Agreement. RECITALS WHEREAS, after a competitive solicitation and selection process by Principal Procurement Agencies, a number of suppliers have entered into “Master Agreements” (herein so called) to provide a variety of goods, products and services (“Products”) to the applicable Principal Procurement Agency and the Participating Public Agencies; WHEREAS, Master Agreements are made available by Principal Procurement Agencies through the National IPA Parties and provide that Participating Public Agencies may purchase Products on the same terms, conditions and pricing as the Principal Procurement Agency, subject to any applicable federal and/or local purchasing ordinances and the laws of the State of purchase; WHEREAS, in addition to Master Agreements, the National IPA Parties may from time to time offer Participating Public Agencies the opportunity to acquire Products through other group purchasing agreements; NOW, THEREFORE, in consideration of the mutual promises contained in this Agreement, and of the mutual benefits to result, the parties agree as follows: 1. That each party will facilitate the cooperative procurement of Products. 2. That the procurement of Products by Participating Public Agencies subject to this Agreement shall be conducted in accordance with and subject to the relevant federal, state and local statutes, ordinances, rules and regulations that govern Participating Public Agency’s procurement practices. 3. That the cooperative use of Master Agreements and other group purchasing agreements shall be in accordance with the terms and conditions of such agreements, except as modification of those terms and conditions is otherwise allowed or required by applicable federal, state or local law. 4. That the Principal Procurement Agencies will make available, upon reasonable request and subject to convenience, Master Agreement information which may assist in improving the procurement of Products by the Participating Public Agencies. Page 250 of 940 NATIONAL INTERGOVERNMENTAL PURCHASING ALLIANCE COMPANY EXHIBITS EXHIBIT C- NATIONAL IPA MASTER INTERGOVERNMENTAL COPERATIVE PURCHASING AGREEMENT, EXAMPLE Requirements for National Cooperative Contract Page 23 of 32 5. That the Participating Public Agencies (each a “Procuring Party”) that procure Products through any Master Agreement or GPO Product supply agreement (each a “GPO Contract”) will make timely payments to the distributor, manufacturer or other vendor (collectively, “Supplier”) for Products received in accordance with the terms and conditions of the Master Agreement or GPO Contract, as applicable. Payment for Products and inspections and acceptance of Products ordered by the Procuring Party shall be the exclusive obligation of such Procuring Party. Disputes between Procuring Party and any Supplier shall be resolved in accordance with the law and venue rules of the State of purchase unless otherwise agreed to by the Procuring Party and Supplier. 6. The Procuring Party shall not use this Agreement as a method for obtaining additional concessions or reduced prices for similar products or services. 7. The Procuring Party shall be responsible for the ordering of Products under this Agreement. A non-procuring party shall not be liable in any fashion for any violation by a Procuring Party, and the Procuring Party shall hold non-procuring party harmless from any liability that may arise from action or inaction of the Procuring Party. Without limiting the generality of the foregoing, the National IPA Parties make no representations or warranties regarding any Product, Master Agreement or GPO Contract, and shall have no liability for any act or omission by a Supplier or other party under a Master Agreement or GPO Contract. 8. This Agreement shall remain in effect until termination by a party giving 30 days written notice to the other party. The provisions of paragraphs 6, 7 and 8 hereof shall survive any such termination. 9.This Agreement shall take effect upon (i) execution of the Principal Procurement Agency Certificate or (ii) the registration on a National IPA Party website or the execution of this Agreement by a Participating Public Agency, as applicable. Page 251 of 940 NATIONAL INTERGOVERNMENTAL PURCHASING ALLIANCE COMPANY EXHIBITS EXHIBIT D – NATIONAL IPA PRINCIPAL PROCUREMENT AGENCY CERTIFICATE, EXAMPLE Requirements for National Cooperative Contract Page 24 of 32 PRINCIPAL PROCUREMENT AGENCY CERTIFICATE In its capacity as Principal Procurement Agency for National IPA, NAME OF PPA agrees to pursue Master Agreements for Products as specified in the attached exhibits to this Principal Procurement Agency Certificate. I hereby acknowledge, in my capacity as ________ of and on behalf of NAME OF PPA (“Principal Procurement Agency”), that I have read and hereby agree to the general terms and conditions set forth in the attached Master Intergovernmental Cooperative Purchasing Agreement regulating the use of the Master Agreements and purchase of Products that from time to time are made available by Principal Procurement Agencies to Participating Public Agencies nationwide through National Intergovernmental Purchasing Alliance Company (“National IPA”) pursuant to the terms of the Administrative Agreement by and between National IPA and the applicable supplier. I understand that the purchase of one or more Products under the provisions of the Master Intergovernmental Cooperative Purchasing Agreement is at the sole and complete discretion of the Participating Public Agency. Authorized Signature, Principal Procurement Agency Signature Name Title Date Page 252 of 940 NATIONAL INTERGOVERNMENTAL PURCHASING ALLIANCE COMPANY EXHIBITS EXHIBIT E – NATIONAL IPA CONTRACT SALES REPORTING TEMPLATE Requirements for National Cooperative Contract Page 25 of 32 Supplier Name: Contract Sales Report Month: Contract ID: Participating Agency Name Address City State Zip Code Participating Agency # {Assigned by National IPA and provided to Supplier} Transaction Date (Date of Sale) Contract Sales for Month ($) Admin Fee % Admin Fee $ Report Totals Cumulative Contract Sales NATIONAL INTERGOVERNMENTAL PURCHASING ALLIANCE COMPANY EXHIBITS EXHIBIT C - NATIONAL IPA CONTRACT SALES REPORTING TEMPLATE (to be submitted electronically in Microsoft Excel format) National IPA Contract Sales Monthly Report Page 253 of 940 Requirements for National Cooperative Contract Page 26 of 32 NATIONAL INTERGOVERNMENTAL PURCHASING ALLIANCE COMPANY EXHIBITS EXHIBIT F- NATIONAL IPA ADVERTISING COMPLIANCE REQUIREMENT Pursuant to certain state notice provisions, including but not limited to Oregon Revised Statutes Chapter 279A.220, the following public agencies and political subdivisions of the referenced public agencies are eligible to register with National IPA and access the Master Agreement contract award made pursuant to this solicitation, and are hereby given notice of the foregoing request for proposals for purposes of complying with the procedural requirements of said statutes: Nationwide: State of Alabama* State of Hawaii State of Massachusetts State of New Mexico State of South Dakota State of Alaska State of Idaho State of Michigan State of New York State of Tennessee State of Arizona State of Illinois State of Minnesota State of North Carolina State of Texas State of Arkansas State of Indiana State of Mississippi State of North Dakota State of Utah State of California State of Iowa State of Missouri State of Ohio State of Vermont State of Colorado State of Kansas State of Montana State of Oklahoma* State of Virginia State of Connecticut State of Kentucky State of Nebraska State of Oregon State of Washington State of Delaware State of Louisiana State of Nevada State of Pennsylvania State of West Virginia State of Florida State of Maine State of New Hampshire State of Rhode Island State of Wisconsin State of Georgia State of Maryland State of New Jersey State of South Carolina State of Wyoming District of Columbia Lists of political subdivisions and local governments in the above referenced states / districts may be found at http://www.usa.gov/Agencies/State_and_Territories.shtml and https://www.usa.gov/local-governments. *Some public agencies and political subdivisions of these states may be restricted by state statutes that limit competition among cooperative purchasing organizations by only allowing use of purchasing cooperatives sponsored by certain National Associations. Certain Public Agencies and Political Subdivisions: CITIES, TOWNS, VILLAGES AND BOROUGHS INCLUDING BUT NOT LIMITED TO: BAKER CITY GOLF COURSE, OR CITY OF ADAIR VILLAGE, OR CITY OF ASHLAND, OR CITY OF AUMSVILLE, OR CITY OF AURORA, OR CITY OF BAKER, OR CITY OF BATON ROUGE, LA CITY OF BEAVERTON, OR CITY OF BEND, OR CITY OF BOARDMAN, OR CITY OF BONANAZA, OR CITY OF BOSSIER CITY, LA CITY OF BROOKINGS, OR CITY OF BURNS, OR CITY OF CANBY, OR CITY OF CANYONVILLE, OR CITY OF CLATSKANIE, OR CITY OF COBURG, OR CITY OF CONDON, OR CITY OF COQUILLE, OR CITY OF CORVALLI, OR CITY OF CORVALLIS PARKS AND RECREATION DEPARTMENT, OR CITY OF COTTAGE GROVE, OR CITY OF DONALD, OR CITY OF EUGENE, OR CITY OF FOREST GROVE, OR CITY OF GOLD HILL, OR CITY OF GRANTS PASS, OR CITY OF GRESHAM, OR CITY OF HILLSBORO, OR CITY OF INDEPENDENCE, OR CITY AND COUNTY OF HONOLULU, HI CITY OF KENNER, LA CITY OF LA GRANDE, OR CITY OF LAFAYETTE, LA CITY OF LAKE CHARLES, OR CITY OF LEBANON, OR CITY OF MCMINNVILLE, OR CITY OF MEDFORD, OR CITY OF METAIRIE, LA CITY OF MILL CITY, OR CITY OF MILWAUKIE, OR CITY OF MONROE, LA CITY OF MOSIER, OR CITY OF NEW ORLEANS, LA CITY OF NORTH PLAINS, OR CITY OF OREGON CITY, OR CITY OF PILOT ROCK, OR CITY OF PORTLAND, OR CITY OF POWERS, OR CITY OF PRINEVILLE, OR CITY OF REDMOND, OR CITY OF REEDSPORT, OR CITY OF RIDDLE, OR CITY OF ROGUE RIVER, OR CITY OF ROSEBURG, OR CITY OF SALEM, OR CITY OF SANDY, OR CITY OF SCAPPOOSE, OR CITY OF SHADY COVE, OR CITY OF SHERWOOD, OR CITY OF SHREVEPORT, LA CITY OF SILVERTON, OR Page 254 of 940 Requirements for National Cooperative Contract Page 27 of 32 CITY OF SPRINGFIELD, OR CITY OF ST. HELENS, OR CITY OF ST. PAUL, OR CITY OF SULPHUR, LA CITY OF TIGARD, OR CITY OF TROUTDALE, OR CITY OF TUALATIN, OR CITY OF WALKER, LA CITY OF WARRENTON, OR CITY OF WEST LINN, OR CITY OF WILSONVILLE, OR CITY OF WINSTON, OR CITY OF WOODBURN, OR LEAGUE OF OREGON CITES THE CITY OF HAPPY VALLEY OREGON ALPINE, UT ALTA, UT ALTAMONT, UT ALTON, UT AMALGA, UT AMERICAN FORK CITY, UT ANNABELLA, UT ANTIMONY, UT APPLE VALLEY, UT AURORA, UT BALLARD, UT BEAR RIVER CITY, UT BEAVER, UT BICKNELL, UT BIG WATER, UT BLANDING, UT BLUFFDALE, UT BOULDER, UT CITY OF BOUNTIFUL, UT BRIAN HEAD, UT BRIGHAM CITY CORPORATION, UT BRYCE CANYON CITY, UT CANNONVILLE, UT CASTLE DALE, UT CASTLE VALLEY, UT CITY OF CEDAR CITY, UT CEDAR FORT, UT CITY OF CEDAR HILLS, UT CENTERFIELD, UT CENTERVILLE CITY CORPORATION, UT CENTRAL VALLEY, UT CHARLESTON, UT CIRCLEVILLE, UT CLARKSTON, UT CLAWSON, UT CLEARFIELD, UT CLEVELAND, UT CLINTON CITY CORPORATION, UT COALVILLE, UT CORINNE, UT CORNISH, UT COTTONWOOD HEIGHTS, UT DANIEL, UT DELTA, UT DEWEYVILLE, UT DRAPER CITY, UT DUCHESNE, UT EAGLE MOUNTAIN, UT EAST CARBON, UT ELK RIDGE, UT ELMO, UT ELSINORE, UT ELWOOD, UT EMERY, UT ENOCH, UT ENTERPRISE, UT EPHRAIM, UT ESCALANTE, UT EUREKA, UT FAIRFIELD, UT FAIRVIEW, UT FARMINGTON, UT FARR WEST, UT FAYETTE, UT FERRON, UT FIELDING, UT FILLMORE, UT FOUNTAIN GREEN, UT FRANCIS, UT FRUIT HEIGHTS, UT GARDEN CITY, UT GARLAND, UT GENOLA, UT GLENDALE, UT GLENWOOD, UT GOSHEN, UT GRANTSVILLE, UT GREEN RIVER, UT GUNNISON, UT HANKSVILLE, UT HARRISVILLE, UT HATCH, UT HEBER CITY CORPORATION, UT HELPER, UT HENEFER, UT HENRIEVILLE, UT HERRIMAN, UT HIDEOUT, UT HIGHLAND, UT HILDALE, UT HINCKLEY, UT HOLDEN, UT HOLLADAY, UT HONEYVILLE, UT HOOPER, UT HOWELL, UT HUNTINGTON, UT HUNTSVILLE, UT CITY OF HURRICANE, UT HYDE PARK, UT HYRUM, UT INDEPENDENCE, UT IVINS, UT JOSEPH, UT JUNCTION, UT KAMAS, UT KANAB, UT KANARRAVILLE, UT KANOSH, UT KAYSVILLE, UT KINGSTON, UT KOOSHAREM, UT LAKETOWN, UT LA VERKIN, UT LAYTON, UT Page 255 of 940 Requirements for National Cooperative Contract Page 28 of 32 LEAMINGTON, UT LEEDS, UT LEHI CITY CORPORATION, UT LEVAN, UT LEWISTON, UT LINDON, UT LOA, UT LOGAN CITY, UT LYMAN, UT LYNNDYL, UT MANILA, UT MANTI, UT MANTUA, UT MAPLETON, UT MARRIOTT-SLATERVILLE, UT MARYSVALE, UT MAYFIELD, UT MEADOW, UT MENDON, UT MIDVALE CITY INC., UT MIDWAY, UT MILFORD, UT MILLVILLE, UT MINERSVILLE, UT MOAB, UT MONA, UT MONROE, UT CITY OF MONTICELLO, UT MORGAN, UT MORONI, UT MOUNT PLEASANT, UT MURRAY CITY CORPORATION, UT MYTON, UT NAPLES, UT NEPHI, UT NEW HARMONY, UT NEWTON, UT NIBLEY, UT NORTH LOGAN, UT NORTH OGDEN, UT NORTH SALT LAKE CITY, UT OAK CITY, UT OAKLEY, UT OGDEN CITY CORPORATION, UT OPHIR, UT ORANGEVILLE, UT ORDERVILLE, UT OREM, UT PANGUITCH, UT PARADISE, UT PARAGONAH, UT PARK CITY, UT PAROWAN, UT PAYSON, UT PERRY, UT PLAIN CITY, UT PLEASANT GROVE CITY, UT PLEASANT VIEW, UT PLYMOUTH, UT PORTAGE, UT PRICE, UT PROVIDENCE, UT PROVO, UT RANDOLPH, UT REDMOND, UT RICHFIELD, UT RICHMOND, UT RIVERDALE, UT RIVER HEIGHTS, UT RIVERTON CITY, UT ROCKVILLE, UT ROCKY RIDGE, UT ROOSEVELT CITY CORPORATION, UT ROY, UT RUSH VALLEY, UT CITY OF ST. GEORGE, UT SALEM, UT SALINA, UT SALT LAKE CITY CORPORATION, UT SANDY, UT SANTA CLARA, UT SANTAQUIN, UT SARATOGA SPRINGS, UT SCIPIO, UT SCOFIELD, UT SIGURD, UT SMITHFIELD, UT SNOWVILLE, UT CITY OF SOUTH JORDAN, UT SOUTH OGDEN, UT CITY OF SOUTH SALT LAKE, UT SOUTH WEBER, UT SPANISH FORK, UT SPRING CITY, UT SPRINGDALE, UT SPRINGVILLE, UT STERLING, UT STOCKTON, UT SUNNYSIDE, UT SUNSET CITY CORP, UT SYRACUSE, UT TABIONA, UT CITY OF TAYLORSVILLE, UT TOOELE CITY CORPORATION, UT TOQUERVILLE, UT TORREY, UT TREMONTON CITY, UT TRENTON, UT TROPIC, UT UINTAH, UT VERNAL CITY, UT VERNON, UT VINEYARD, UT VIRGIN, UT WALES, UT WALLSBURG, UT WASHINGTON CITY, UT WASHINGTON TERRACE, UT WELLINGTON, UT WELLSVILLE, UT WENDOVER, UT WEST BOUNTIFUL, UT WEST HAVEN, UT WEST JORDAN, UT WEST POINT, UT WEST VALLEY CITY, UT WILLARD, UT WOODLAND HILLS, UT WOODRUFF, UT WOODS CROSS, UT Page 256 of 940 Requirements for National Cooperative Contract Page 29 of 32 COUNTIES AND PARISHES INCLUDING BUT NOT LIMITED TO: ASCENSION PARISH, LA ASCENSION PARISH, LA, CLEAR OF COURT CADDO PARISH, LA CALCASIEU PARISH, LA CALCASIEU PARISH SHERIFF’S OFFICE, LA CITY AND COUNTY OF HONOLULU, HI CLACKAMAS COUNTY, OR CLACKAMAS COUNTY DEPT OF TRANSPORTATION, OR CLATSOP COUNTY, OR COLUMBIA COUNTY, OR COOS COUNTY, OR COOS COUNTY HIGHWAY DEPARTMENT, OR COUNTY OF HAWAII, OR CROOK COUNTY, OR CROOK COUNTY ROAD DEPARTMENT, OR CURRY COUNTY, OR DESCHUTES COUNTY, OR DOUGLAS COUNTY, OR EAST BATON ROUGE PARISH, LA GILLIAM COUNTY, OR GRANT COUNTY, OR HARNEY COUNTY, OR HARNEY COUNTY SHERIFFS OFFICE, OR HAWAII COUNTY, HI HOOD RIVER COUNTY, OR JACKSON COUNTY, OR JEFFERSON COUNTY, OR JEFFERSON PARISH, LA JOSEPHINE COUNTY GOVERNMENT, OR LAFAYETTE CONSOLIDATED GOVERNMENT, LA LAFAYETTE PARISH, LA LAFAYETTE PARISH CONVENTION & VISITORS COMMISSION LAFOURCHE PARISH, LA KAUAI COUNTY, HI KLAMATH COUNTY, OR LAKE COUNTY, OR LANE COUNTY, OR LINCOLN COUNTY, OR LINN COUNTY, OR LIVINGSTON PARISH, LA MALHEUR COUNTY, OR MAUI COUNTY, HI MARION COUNTY, SALEM, OR MORROW COUNTY, OR MULTNOMAH COUNTY, OR MULTNOMAH COUNTY BUSINESS AND COMMUNITY SERVICES, OR MULTNOMAH COUNTY SHERIFFS OFFICE, OR MULTNOMAH LAW LIBRARY, OR ORLEANS PARISH, LA PLAQUEMINES PARISH, LA POLK COUNTY, OR RAPIDES PARISH, LA SAINT CHARLES PARISH, LA SAINT CHARLES PARISH PUBLIC SCHOOLS, LA SAINT LANDRY PARISH, LA SAINT TAMMANY PARISH, LA SHERMAN COUNTY, OR TERREBONNE PARISH, LA TILLAMOOK COUNTY, OR TILLAMOOK COUNTY SHERIFF'S OFFICE, OR TILLAMOOK COUNTY GENERAL HOSPITAL, OR UMATILLA COUNTY, OR UNION COUNTY, OR WALLOWA COUNTY, OR WASCO COUNTY, OR WASHINGTON COUNTY, OR WEST BATON ROUGE PARISH, LA WHEELER COUNTY, OR YAMHILL COUNTY, OR COUNTY OF BOX ELDER, UT COUNTY OF CACHE, UT COUNTY OF RICH, UT COUNTY OF WEBER, UT COUNTY OF MORGAN, UT COUNTY OF DAVIS, UT COUNTY OF SUMMIT, UT COUNTY OF DAGGETT, UT COUNTY OF SALT LAKE, UT COUNTY OF TOOELE, UT COUNTY OF UTAH, UT COUNTY OF WASATCH, UT COUNTY OF DUCHESNE, UT COUNTY OF UINTAH, UT COUNTY OF CARBON, UT COUNTY OF SANPETE, UT COUNTY OF JUAB, UT COUNTY OF MILLARD, UT COUNTY OF SEVIER, UT COUNTY OF EMERY, UT COUNTY OF GRAND, UT COUNTY OF BEVER, UT COUNTY OF PIUTE, UT COUNTY OF WAYNE, UT COUNTY OF SAN JUAN, UT COUNTY OF GARFIELD, UT COUNTY OF KANE, UT COUNTY OF IRON, UT COUNTY OF WASHINGTON, UT OTHER AGENCIES INCLUDING ASSOCIATIONS, BOARDS, DISTRICTS, COMMISSIONS, COUNCILS, PUBLIC CORPORATIONS, PUBLIC DEVELOPMENT AUTHORITIES, RESERVATIONS AND UTILITIES INCLUDING BUT NOT LIMITED TO: BANKS FIRE DISTRICT, OR BATON ROUGE WATER COMPANY BEND METRO PARK AND RECREATION DISTRICT BIENVILLE PARISH FIRE PROTECTION DISTRICT 6, LA BOARDMAN PARK AND RECREATION DISTRICT CENTRAL CITY ECONOMIC OPPORTUNITY CORP, LA CENTRAL OREGON INTERGOVERNMENTAL COUNCIL CITY OF BOGALUSA SCHOOL BOARD, LA CLACKAMAS RIVER WATER CLATSKANIE PEOPLE'S UTILITY DISTRICT CLEAN WATER SERVICES CONFEDERATED TRIBES OF THE UMATILLA INDIAN RESERVATION COOS FOREST PROTECTIVE ASSOCIATION CHEHALEM PARK AND RECREATION DISTRICT DAVID CROCKETT STEAM FIRE COMPANY #1, LA EUGENE WATER AND ELECTRIC BOARD HONOLULU INTERNATIONAL AIRPORT Page 257 of 940 Requirements for National Cooperative Contract Page 30 of 32 HOODLAND FIRE DISTRICT #74 HOUSING AUTHORITY OF PORTLAND ILLINOIS VALLEY FIRE DISTRICT LAFAYETTE AIRPORT COMMISSION, LA LAFOURCHE PARISH HEALTH UNIT – DHH-OPH REGION 3 LOUISIANA PUBLIC SERVICE COMMISSION, LA LOUISIANA WATER WORKS MEDFORD WATER COMMISSION MELHEUR COUNTY JAIL, OR METRO REGIONAL GOVERNMENT METRO REGIONAL PARKS METROPOLITAN EXPOSITION RECREATION COMMISSION METROPOLITAN SERVICE DISTRICT (METRO) MULTNOMAH EDUCATION SERVICE DISTRICT NEW ORLEANS REDEVELOPMENT AUTHORITY, LA NORTHEAST OREGON HOUSING AUTHORITY, OR PORT OF BRANDON, OR PORT OF MORGAN CITY, LA PORTLAND DEVELOPMENT COMMISSION, OR PORTLAND FIRE AND RESCUE PORTLAND HOUSING CENTER, OR OREGON COAST COMMUNITY ACTION OREGON HOUSING AND COMMUNITY SERVICES OREGON LEGISLATIVE ADMINISTRATION ROGUE VALLEY SEWER, OR SAINT LANDRY PARISH TOURIST COMMISSION SAINT MARY PARISH REC DISTRICT 2 SAINT MARY PARISH REC DISTRICT 3 SAINT TAMMANY FIRE DISTRICT 4, LA SALEM MASS TRANSIT DISTRICT SEWERAGE AND WATER BOARD OF NEW ORLEANS, LA SOUTH LAFOURCHE LEVEE DISTRICT, LA TRI-COUNTY METROPOLITAN TRANSPORTATION DISTRICT OF OREGON TUALATIN HILLS PARK & RECREATION DISTRICT TUALATIN VALLEY FIRE & RESCUE TUALATIN VALLEY WATER DISTRICT WILLAMALANE PARK AND RECREATION DISTRICT WILLAMETTE HUMANE SOCIETY K-12 INCLUDING BUT NOT LIMITED TO: ACADIA PARISH SCHOOL BOARD BEAVERTON SCHOOL DISTRICT BEND-LA PINE SCHOOL DISTRICT BOGALUSA HIGH SCHOOL, LA BOSSIER PARISH SCHOOL BOARD BROOKING HARBOR SCHOOL DISTRICT CADDO PARISH SCHOOL DISTRICT CALCASIEU PARISH SCHOOL DISTRICT CANBY SCHOOL DISTRICT CANYONVILLE CHRISTIAN ACADEMY CASCADE SCHOOL DISTRICT CASCADES ACADEMY OF CENTRAL OREGON CENTENNIAL SCHOOL DISTRICT CENTRAL CATHOLIC HIGH SCHOOL CENTRAL POINT SCHOOL DISTRICT NO.6 CENTRAL SCHOOL DISTRICT 13J COOS BAY SCHOOL DISTRICT NO.9 CORVALLIS SCHOOL DISTRICT 509J COUNTY OF YAMHILL SCHOOL DISTRICT 29 CULVER SCHOOL DISTRICT DALLAS SCHOOL DISTRICT NO.2 DAVID DOUGLAS SCHOOL DISTRICT DAYTON SCHOOL DISTRICT NO.8 DE LA SALLE N CATHOLIC HS DESCHUTES COUNTY SCHOOL DISTRICT NO.6 DOUGLAS EDUCATIONAL DISTRICT SERVICE DUFUR SCHOOL DISTRICT NO.29 EAST BATON ROUGE PARISH SCHOOL DISTRICT ESTACADA SCHOOL DISTRICT NO.10B FOREST GROVE SCHOOL DISTRICT GEORGE MIDDLE SCHOOL GLADSTONE SCHOOL DISTRICT GRANTS PASS SCHOOL DISTRICT 7 GREATER ALBANY PUBLIC SCHOOL DISTRICT GRESHAM BARLOW JOINT SCHOOL DISTRICT HEAD START OF LANE COUNTY HIGH DESERT EDUCATION SERVICE DISTRICT HILLSBORO SCHOOL DISTRICT HOOD RIVER COUNTY SCHOOL DISTRICT JACKSON CO SCHOOL DIST NO.9 JEFFERSON COUNTY SCHOOL DISTRICT 509-J JEFFERSON PARISH SCHOOL DISTRICT JEFFERSON SCHOOL DISTRICT JUNCTION CITY SCHOOLS, OR KLAMATH COUNTY SCHOOL DISTRICT KLAMATH FALLS CITY SCHOOLS LAFAYETTE PARISH SCHOOL DISTRICT LAKE OSWEGO SCHOOL DISTRICT 7J LANE COUNTY SCHOOL DISTRICT 4J LINCOLN COUNTY SCHOOL DISTRICT LINN CO. SCHOOL DIST. 95C LIVINGSTON PARISH SCHOOL DISTRICT LOST RIVER JR/SR HIGH SCHOOL LOWELL SCHOOL DISTRICT NO.71 MARION COUNTY SCHOOL DISTRICT MARION COUNTY SCHOOL DISTRICT 103 MARIST HIGH SCHOOL, OR MCMINNVILLE SCHOOL DISTRICT NOAO MEDFORD SCHOOL DISTRICT 549C MITCH CHARTER SCHOOL MONROE SCHOOL DISTRICT NO.1J MORROW COUNTY SCHOOL DIST, OR MULTNOMAH EDUCATION SERVICE DISTRICT MULTISENSORY LEARNING ACADEMY MYRTLE PINT SCHOOL DISTRICT 41 NEAH-KAH-NIE DISTRICT NO.56 NEWBERG PUBLIC SCHOOLS NESTUCCA VALLEY SCHOOL DISTRICT NO.101 NOBEL LEARNING COMMUNITIES NORTH BEND SCHOOL DISTRICT 13 NORTH CLACKAMAS SCHOOL DISTRICT NORTH DOUGLAS SCHOOL DISTRICT NORTH WASCO CITY SCHOOL DISTRICT 21 NORTHWEST REGIONAL EDUCATION SERVICE DISTRICT ONTARIO MIDDLE SCHOOL OREGON TRAIL SCHOOL DISTRICT NOA6 ORLEANS PARISH SCHOOL DISTRICT PHOENIX-TALENT SCHOOL DISTRICT NOA PLEASANT HILL SCHOOL DISTRICT PORTLAND JEWISH ACADEMY PORTLAND PUBLIC SCHOOLS RAPIDES PARISH SCHOOL DISTRICT REDMOND SCHOOL DISTRICT REYNOLDS SCHOOL DISTRICT Page 258 of 940 Requirements for National Cooperative Contract Page 31 of 32 ROGUE RIVER SCHOOL DISTRICT ROSEBURG PUBLIC SCHOOLS SCAPPOOSE SCHOOL DISTRICT 1J SAINT TAMMANY PARISH SCHOOL BOARD, LA SEASIDE SCHOOL DISTRICT 10 SHERWOOD SCHOOL DISTRICT 88J SILVER FALLS SCHOOL DISTRICT 4J SOUTH LANE SCHOOL DISTRICT 45J3 SOUTHERN OREGON EDUCATION SERVICE DISTRICT SPRINGFIELD PUBLIC SCHOOLS SUTHERLIN SCHOOL DISTRICT SWEET HOME SCHOOL DISTRICT NO.55 TERREBONNE PARISH SCHOOL DISTRICT THE CATLIN GABEL SCHOOL TIGARD-TUALATIN SCHOOL DISTRICT UMATILLA MORROW ESD WEST LINN WILSONVILLE SCHOOL DISTRICT WILLAMETTE EDUCATION SERVICE DISTRICT WOODBURN SCHOOL DISTRICT YONCALLA SCHOOL DISTRICT ACADEMY FOR MATH ENGINEERING & SCIENCE (AMES) , UT ALIANZA ACADEMY , UT ALPINE DISTRICT , UT AMERICAN LEADERSHIP ACADEMY , UT AMERICAN PREPARATORY ACADEMY , UT BAER CANYON HIGH SCHOOL FOR SPORTS & MEDICAL SCIENCES , UT BEAR RIVER CHARTER SCHOOL , UT BEAVER SCHOOL DISTRICT , UT BEEHIVE SCIENCE & TECHNOLOGY ACADEMY (BSTA) , UT BOX ELDER SCHOOL DISTRICT , UT CBA CENTER , UT CACHE SCHOOL DISTRICT , UT CANYON RIM ACADEMY , UT CANYONS DISTRICT , UT CARBON SCHOOL DISTRICT , UT CHANNING HALL , UT CHARTER SCHOOL LEWIS ACADEMY , UT CITY ACADEMY , UT DAGGETT SCHOOL DISTRICT , UT DAVINCI ACADEMY , UT DAVIS DISTRICT , UT DUAL IMMERSION ACADEMY , UT DUCHESNE SCHOOL DISTRICT , UT EARLY LIGHT ACADEMY AT DAYBREAK , UT EAST HOLLYWOOD HIGH , UT EDITH BOWEN LABORATORY SCHOOL , UT EMERSON ALCOTT ACADEMY , UT EMERY SCHOOL DISTRICT , UT ENTHEOS ACADEMY , UT EXCELSIOR ACADEMY , UT FAST FORWARD HIGH , UT FREEDOM ACADEMY , UT GARFIELD SCHOOL DISTRICT , UT GATEWAY PREPARATORY ACADEMY , UT GEORGE WASHINGTON ACADEMY , UT GOOD FOUNDATION ACADEMY , UT GRAND SCHOOL DISTRICT , UT GRANITE DISTRICT , UT GUADALUPE SCHOOL , UT HAWTHORN ACADEMY , UT INTECH COLLEGIATE HIGH SCHOOL , UT IRON SCHOOL DISTRICT , UT ITINERIS EARLY COLLEGE HIGH , UT JOHN HANCOCK CHARTER SCHOOL , UT JORDAN DISTRICT , UT JUAB SCHOOL DISTRICT , UT KANE SCHOOL DISTRICT , UT KARL G MAESER PREPARATORY ACADEMY , UT LAKEVIEW ACADEMY , UT LEGACY PREPARATORY ACADEMY , UT LIBERTY ACADEMY , UT LINCOLN ACADEMY , UT LOGAN SCHOOL DISTRICT , UT MARIA MONTESSORI ACADEMY , UT MERIT COLLEGE PREPARATORY ACADEMY , UT MILLARD SCHOOL DISTRICT , UT MOAB CHARTER SCHOOL , UT MONTICELLO ACADEMY , UT MORGAN SCHOOL DISTRICT , UT MOUNTAINVILLE ACADEMY , UT MURRAY SCHOOL DISTRICT , UT NAVIGATOR POINTE ACADEMY , UT NEBO SCHOOL DISTRICT , UT NO UT ACAD FOR MATH ENGINEERING & SCIENCE (NUAMES) , UT NOAH WEBSTER ACADEMY , UT NORTH DAVIS PREPARATORY ACADEMY , UT NORTH SANPETE SCHOOL DISTRICT , UT NORTH STAR ACADEMY , UT NORTH SUMMIT SCHOOL DISTRICT , UT ODYSSEY CHARTER SCHOOL , UT OGDEN PREPARATORY ACADEMY , UT OGDEN SCHOOL DISTRICT , UT OPEN CLASSROOM , UT OPEN HIGH SCHOOL OF UTAH , UT OQUIRRH MOUNTAIN CHARTER SCHOOL , UT PARADIGM HIGH SCHOOL , UT PARK CITY SCHOOL DISTRICT , UT PINNACLE CANYON ACADEMY , UT PIUTE SCHOOL DISTRICT , UT PROVIDENCE HALL , UT PROVO SCHOOL DISTRICT , UT QUAIL RUN PRIMARY SCHOOL , UT QUEST ACADEMY , UT RANCHES ACADEMY , UT REAGAN ACADEMY , UT RENAISSANCE ACADEMY , UT RICH SCHOOL DISTRICT , UT ROCKWELL CHARTER HIGH SCHOOL , UT SALT LAKE ARTS ACADEMY , UT SALT LAKE CENTER FOR SCIENCE EDUCATION, UT SALT LAKE SCHOOL DISTRICT , UT SALT LAKE SCHOOL FOR THE PERFORMING ARTS, UT SAN JUAN SCHOOL DISTRICT , UT SEVIER SCHOOL DISTRICT , UT SOLDIER HOLLOW CHARTER SCHOOL , UT SOUTH SANPETE SCHOOL DISTRICT , UT SOUTH SUMMIT SCHOOL DISTRICT , UT SPECTRUM ACADEMY , UT SUCCESS ACADEMY , UT SUCCESS SCHOOL , UT SUMMIT ACADEMY , UT SUMMIT ACADEMY HIGH SCHOOL , UT SYRACUSE ARTS ACADEMY , UT THOMAS EDISON - NORTH , UT Page 259 of 940 Requirements for National Cooperative Contract Page 32 of 32 TIMPANOGOS ACADEMY , UT TINTIC SCHOOL DISTRICT , UT TOOELE SCHOOL DISTRICT , UT TUACAHN HIGH SCHOOL FOR THE PERFORMING ARTS , UT UINTAH RIVER HIGH , UT UINTAH SCHOOL DISTRICT , UT UTAH CONNECTIONS ACADEMY , UT UTAH COUNTY ACADEMY OF SCIENCE , UT UTAH ELECTRONIC HIGH SCHOOL , UT UTAH SCHOOLS FOR DEAF & BLIND , UT UTAH STATE OFFICE OF EDUCATION , UT UTAH VIRTUAL ACADEMY , UT VENTURE ACADEMY , UT VISTA AT ENTRADA SCHOOL OF PERFORMING ARTS AND TECHNOLOGY , UT WALDEN SCHOOL OF LIBERAL ARTS , UT WASATCH PEAK ACADEMY , UT WASATCH SCHOOL DISTRICT , UT WASHINGTON SCHOOL DISTRICT , UT WAYNE SCHOOL DISTRICT , UT WEBER SCHOOL DISTRICT , UT WEILENMANN SCHOOL OF DISCOVERY , UT HIGHER EDUCATION ARGOSY UNIVERSITY BATON ROUGE COMMUNITY COLLEGE, LA BIRTHINGWAY COLLEGE OF MIDWIFERY BLUE MOUNTAIN COMMUNITY COLLEGE BRIGHAM YOUNG UNIVERSITY - HAWAII CENTRAL OREGON COMMUNITY COLLEGE CENTENARY COLLEGE OF LOUISIANA CHEMEKETA COMMUNITY COLLEGE CLACKAMAS COMMUNITY COLLEGE COLLEGE OF THE MARSHALL ISLANDS COLUMBIA GORGE COMMUNITY COLLEGE CONCORDIA UNIVERSITY GEORGE FOX UNIVERSITY KLAMATH COMMUNITY COLLEGE DISTRICT LANE COMMUNITY COLLEGE LEWIS AND CLARK COLLEGE LINFIELD COLLEGE LINN-BENTON COMMUNITY COLLEGE LOUISIANA COLLEGE, LA LOUISIANA STATE UNIVERSITY LOUISIANA STATE UNIVERSITY HEALTH SERVICES MARYLHURST UNIVERSITY MT. HOOD COMMUNITY COLLEGE MULTNOMAH BIBLE COLLEGE NATIONAL COLLEGE OF NATURAL MEDICINE NORTHWEST CHRISTIAN COLLEGE OREGON HEALTH AND SCIENCE UNIVERSITY OREGON INSTITUTE OF TECHNOLOGY OREGON STATE UNIVERSITY OREGON UNIVERSITY SYSTEM PACIFIC UNIVERSITY PIONEER PACIFIC COLLEGE PORTLAND COMMUNITY COLLEGE PORTLAND STATE UNIVERSITY REED COLLEGE RESEARCH CORPORATION OF THE UNIVERSITY OF HAWAII ROGUE COMMUNITY COLLEGE SOUTHEASTERN LOUISIANA UNIVERSITY SOUTHERN OREGON UNIVERSITY (OREGON UNIVERSITY SYSTEM) SOUTHWESTERN OREGON COMMUNITY COLLEGE TULANE UNIVERSITY TILLAMOOK BAY COMMUNITY COLLEGE UMPQUA COMMUNITY COLLEGE UNIVERSITY OF HAWAII BOARD OF REGENTS UNIVERSITY OF HAWAII-HONOLULU COMMUNITY COLLEGE UNIVERSITY OF OREGON-GRADUATE SCHOOL UNIVERSITY OF PORTLAND UNIVERSITY OF NEW ORLEANS WESTERN OREGON UNIVERSITY WESTERN STATES CHIROPRACTIC COLLEGE WILLAMETTE UNIVERSITY XAVIER UNIVERSITY UTAH SYSTEM OF HIGHER EDUCATION, UT UNIVERSITY OF UTAH, UT UTAH STATE UNIVERSITY, UT WEBER STATE UNIVERSITY, UT SOUTHERN UTAH UNIVERSITY, UT SNOW COLLEGE, UT DIXIE STATE COLLEGE, UT COLLEGE OF EASTERN UTAH, UT UTAH VALLEY UNIVERSITY, UT SALT LAKE COMMUNITY COLLEGE, UT UTAH COLLEGE OF APPLIED TECHNOLOGY, UT STATE AGENCIES ADMIN. SERVICES OFFICE BOARD OF MEDICAL EXAMINERS HAWAII CHILD SUPPORT ENFORCEMENT AGENCY HAWAII DEPARTMENT OF TRANSPORTATION HAWAII HEALTH SYSTEMS CORPORATION OFFICE OF MEDICAL ASSISTANCE PROGRAMS OFFICE OF THE STATE TREASURER OREGON BOARD OF ARCHITECTS OREGON CHILD DEVELOPMENT COALITION OREGON DEPARTMENT OF EDUCATION OREGON DEPARTMENT OF FORESTRY OREGON DEPT OF TRANSPORTATION OREGON DEPT. OF EDUCATION OREGON LOTTERY OREGON OFFICE OF ENERGY OREGON STATE BOARD OF NURSING OREGON STATE DEPT OF CORRECTIONS OREGON STATE POLICE OREGON TOURISM COMMISSION OREGON TRAVEL INFORMATION COUNCIL SANTIAM CANYON COMMUNICATION CENTER SEIU LOCAL 503, OPEU SOH- JUDICIARY CONTRACTS AND PURCH STATE DEPARTMENT OF DEFENSE, STATE OF HAWAII STATE OF HAWAII STATE OF HAWAII, DEPT. OF EDUCATION STATE OF LOUISIANA STATE OF LOUISIANA DEPT. OF EDUCATION STATE OF LOUISIANA, 26TH JUDICIAL DISTRICT ATTORNEY STATE OF UTAH Page 260 of 940 THE TORO COMPANY City of Mesa 1 City of Mesa RFP for: Grounds Maintenance, Equipment, Parts, Accessories, Supplies, Related Services and Equipment Solicitation # 2017025 TAB 3 - Program Description AND Method of Approach. Provide a detailed written response illustrating how your offer will meet the General Requirements of this solicitation for the City of Mesa and the national program. Clearly define the services/materials offered and Respondent’s method of approach to including, but not limited, to the following criteria: 1. Distribution Network a. Describe how your firm proposes to distribute the equipment, accessories, parts and provide services nationwide. Toro has 22 commercial distributors nationwide that handle product fulfillment to customers. These are in the form of distributors that work primarily with our Commercial Division equipment (golf and grounds) with exclusive territories, and hundreds of dealers that sell our Landscape Contractor (LCE), irrigation and Siteworks System (SWS), and BOSS snow products. Most of the distributors cover several states and have multiple offices. For instance; Simpson Norton Corporation, that services the City of Mesa, has offices in Goodyear, AZ; North Las Vegas, NV; and Albuquerque, NM. Toro Commercial products are manufactured in Tomah, Wisconsin and aggregated at our distribution center, also located in Tomah, for shipment to distribution. All of our distributors keep an inventory of products in local stock and can expect new shipments from Tomah within 6 - 30 days. The distributors then conduct any set-up and checkout of the products prior to shipment. Each distributor has exclusive and protected territory to sell Toro Commercial products to end users. Please refer to the Toro Distributor Listing attached for a listing of distributors and contacts. b. Identify all other companies/distributors/dealers or wholly owned subsidiaries that will be involved in processing, handling or shipping the products/services to Participating Public Agencies. Our distributors and dealers handle the sales, order processing, fulfillment, billing, and all service work associated with Toro products. See Commercial Distributor List See Toro Distributor Listing attached for a list of Commercial equipment distributors and contacts. c. Provide the number, size and location of your firm’s manufacturing, distribution facilities, warehouses, service facilities and retail networks as applicable. State the estimated dollar value of your inventory. All of Toro's Commercial products are manufactured in Tomah, WI and shipped from our warehouse in Tomah to distribution. Distributors' facilities range in size depending on the services offered at the facility such as sales, service, parts etc. Toro Commercial channel has over 100 offices nationally ranging in size from 10,000 square feet to 150,000 square feet. d. Describe your delivery commitment. What are your standard delivery days? Identify and describe any exceptions. Typically equipment is setup and delivered to customer’s designated delivery location 2 – 30 business days after receipt of the purchase order. Delivery times vary based on the type of equipment. Any delivery dates noted on the customer’s PO are honored. If for some reason a deadline cannot be met, the salesperson will work closely with the customer to find a mutual solution. A Certificate of Delivery accompanies each piece of new Toro equipment. (See copy attached). The customer retains a copy along with a binder including operator and parts Page 261 of 940 THE TORO COMPANY City of Mesa 2 City of Mesa RFP for: Grounds Maintenance, Equipment, Parts, Accessories, Supplies, Related Services and Equipment Solicitation # 2017025 manuals along with any other documentation pertaining to that specific piece of equipment. Updates for delivery dates are communicated by the salesperson. e. Identify the supplier(s) and their business location(s) that will service the City of Mesa’s account. Simpson Norton Corporation has been a distributor for Toro equipment in Arizona since 1957. Their business is located in Goodyear, Arizona. There are four in-field technicians that cover the Phoenix metro area, including the City of Mesa. There is a complete service shop with four bays located at the corporate office in Goodyear. Shelly Spencer – Sports Fields and Grounds Manager for Simpson Norton Corporation. Shelly will be the main contact person for the City of Mesa. Shelly is responsible for all contracts offered by the Simpson Norton Corporation. She processes all orders and purchase orders. Fred Balzarini-Territory Manager is the salesman for the City of Mesa. Fred will provide the City of Mesa with equipment recommendations, quotes and training on new equipment. In-Field service technicians will be dispatched as needed for any service/warranty needs. f. Describe your dealer network and their role in providing products, services, etc. under the contract. Toro has twelve global manufacturing locations, seven of which are located in the United States; Minnesota, Wisconsin, Texas, Nebraska, Florida & California. Our products are shipped to our 22 Commercial distributors and hundreds of dealers through which products and services are provided for customers. See Distributor List for locations. 2. Reporting. Describe Respondent’s reporting capabilities at the national level and Agency level. Provide sample standard reports. SAMPLE MONTHLY SALES REPORT TO NATIONAL IPA Agency Number Customer Name Program Customer Name City Region Zip Code Issue/Paid Date Award Admin Fee we require this number from our dealers/distributors Toro dealer/distributor name Agency Name Invoice date Purchase amount fee paid to National IPA National IPA Sales For the Month of XX Page 262 of 940 THE TORO COMPANY City of Mesa 3 City of Mesa RFP for: Grounds Maintenance, Equipment, Parts, Accessories, Supplies, Related Services and Equipment Solicitation # 2017025 SAMPLE OF TORO SALES REPORT BY CUSTOMER 3. Product Requirements. a. Provide a detailed written response illustrating how the equipment, accessories, parts, supplies and related services offered will meet the requirements of this solicitation for the City of Mesa and the national program. Offerors shall identify and describe the proposed product lines that meet the specifications located in the Product Requirements section of this solicitation (Section 4 of the Scope of Work). Toro offers a full line of mowing equipment from 21" rotary mowers to rotary mowers with up to 16' width of cut, reel mowers, aeration equipment, sprayers, debris removal equipment, material handling, greens rollers, zero turn mowers, four wheel steer mowers, snow removal attachments, compact utility loaders, and utility vehicles to meet the needs of any golf course, park, sports field and general grounds maintenance. See attached brochures. • SPORTS FIELDS AND GROUNDS EQUIPMENT Toro offers a complete and comprehensive line of new unused Sports Fields and Grounds Equipment of the latest design and technology to include, but not limited to, mowing equipment, utility vehicles, spraying equipment, and turf cultivation equipment. • GOLF COURSE MAINTENANCE EQUIPMENT Toro offers a complete and comprehensive line of new unused Golf Course Maintenance Equipment of the latest design and technology to include, but not be limited to, mowing equipment, utility vehicles, spraying equipment, renovation and utility equipment and turf cultivation equipment. • RELATED EQUIPMENT PARTS Toro provides a complete and comprehensive line of Original Equipment Manufacturer (OEM) Sports Fields and Grounds Equipment Parts and Golf Course Maintenance Equipment Parts. • USED EQUIPMENT Each of our distributors provide access to quality used and demonstrator (demo) equipment. (Quantities and products are based on availability.) Dist ID Ship to Custome FY Invoice DateInvoice Number Material / Description Retail Qty Price 420 CITY OF MESA 2015 05/11/2015 1465124-00 03710 - 27" HD 8 BLD DPA CU 5 15,745 420 CITY OF MESA 2015 05/11/2015 1465124-00 03780A - *OBS* REELMASTER 7000-D [T4F, US]1 48,999 420 CITY OF MESA 2015 05/11/2015 1465124-00 30552 - UNIVERSAL SUNSHADE-RED 1 565 420 CITY OF MESA 2015 05/11/2015 1465124-00 03716 - 27" HD VERTICUTTER CU 5 10,495 420 CITY OF MESA 2015 07/15/2015 1468331-00 41211 - ELECTRIC HOSE REEL KIT - MP1750 1 2,217 420 CITY OF MESA 2015 07/15/2015 1468331-00 30358 - BIMINI CANVAS SUNSHADE 2 324 420 CITY OF MESA 2015 Total 15 78,345 Example Report of City of Mesa Spend Page 263 of 940 THE TORO COMPANY City of Mesa 4 City of Mesa RFP for: Grounds Maintenance, Equipment, Parts, Accessories, Supplies, Related Services and Equipment Solicitation # 2017025 • BALANCE OF LINE We are also including our Golf Irrigation, Residential Commercial Irrigation, Landscape Contractor, Site Works Systems, and BOSS equipment lines with our proposal. b. Specify locations and availability of replacement parts, and state the maximum time required to provide and install replacement parts. Also state the estimated dollar value of your parts inventory. Simpson Norton Corporation, that services the City of Mesa, has offices in Goodyear, AZ; North Las Vegas, NV; and Albuquerque, NM. Due to the stocking level at our distributors and our logistics systems in place, we have achieved a 98% average same day parts fulfillment rate nationally. As for repairs, each instance will differ in the scope of work but a timeframe will be agreed on with the customer for repair and return of product to the customer. c. Detail any warranty and extended warranty programs available for both equipment and parts. If warranty agreements are required, please submit them, subject to negotiation by the City. Toro's standard Commercial Products Warranty states that "Your Toro Commercial product will be free from defects in materials or workmanship for two years or 1500 operational hours, whichever occurs first. Where a warrantable condition exists, we will repair the Product at no cost to you including diagnosis, labor, parts and transportation." Our standard Commercial Parts Warranty states 'your Toro Commercial Part to be free from defects in material or workmanship for ninety days, 1 year for complete engines." You can also purchase additional protection for your products through Toro Protection Plus (TPP). These are optional programs designed to provide you with budget protection and security after the initial 2 year warranty period. You can elect the Drive Train Protection or the Comprehensive Protection., Drive Train Protection: This program covers the engine, transmission/transaxle including; hydrostatic pumps, valves and motors; drive axles/drive assemblies including; all parts contained in the drive axle, PTO housing, 4-wheel drive assemblies, hydraulic drive pumps, valves, steel lines and motors within the frame. Comprehensive Protection: This program covers all operational parts and assemblies for your mower, vehicle or other machinery against mechanical breakdown. The items not covered are; normal maintenance items, tune-ups, tires, batteries, blades, belts and hoses. Used Equipment Qualified used equipment can be covered with Toro Protection Plus Pre-owned. See Warranty documents as follows: Page 264 of 940 THE TORO COMPANY City of Mesa 5 City of Mesa RFP for: Grounds Maintenance, Equipment, Parts, Accessories, Supplies, Related Services and Equipment Solicitation # 2017025 Page 265 of 940 THE TORO COMPANY City of Mesa 6 City of Mesa RFP for: Grounds Maintenance, Equipment, Parts, Accessories, Supplies, Related Services and Equipment Solicitation # 2017025 Page 266 of 940 THE TORO COMPANY City of Mesa 7 City of Mesa RFP for: Grounds Maintenance, Equipment, Parts, Accessories, Supplies, Related Services and Equipment Solicitation # 2017025 Page 267 of 940 THE TORO COMPANY City of Mesa 8 City of Mesa RFP for: Grounds Maintenance, Equipment, Parts, Accessories, Supplies, Related Services and Equipment Solicitation # 2017025 d. Describe in your offering if you currently have or are in the process of developing Hybrid and/or all Electric equipment. Alternative Fuels A number of years ago, The Toro Company saw the need to evaluate and approve the use of biodiesel fuels in our products. We conducted an extensive, multi-year test program to approve the use of biodiesel fuels. As a result of the testing, all Toro diesel products are approved for the use of B20 fuels. We made the necessary changes to the machines that allow the use of that mix. We are willing to work with specific customers and allow the use of B100 fuel is special situations. The machines will function well on B100 fuel but some caution must be taken. Cold temperatures can cause the fuel to jell. It is also necessary to change fuel filters on a more regular basis. We would be happy to work with you to use B100 fuel successfully. Propane is another choice that we offer on a few products. Properly designed propane powered products can be a good choice. We have engineered the products to have the correct engines and fuel systems so that they perform up to customer expectations. Propane requires convenient access to a fuel supply. It is also a less dense fuel that is typically stored in cylindrical tanks. The product range is somewhat less than an equivalent gasoline powered machine. Propane powered machines also tend to struggle a bit in cold temperatures because it is necessary for the fuel to vaporize. If the customer has a readily available supply of fuel and the site and use practice allow, propane can be a lower cost and lower carbon impact choice. With the full implementation of the Tier 4 final EPA emission requirements, all of our products are in full compliance with the applicable rules. These products work very well and have lower emissions and somewhat improved fuel economy. Fuel Efficiency One of the ways to reduce the impact of the product is to improve the fuel efficiency, essentially increase the “mileage” of the product. We have done some extensive studies on how fuel is used and have identified some improvements that we have implemented. We have implemented a technology that we call SmartCool™. It more actively decides when it is necessary to run the cooling system on the machine. This reduces fuel consumption in two ways. One, it does not waste energy to run the fan when it is not required. Secondly, it allows the machines systems to run at optimum temperature again assuring fuel is not wasted. This technology can save up to xx% We have also implemented a technology that we call SmartPower™. In order to make sure that a product meets customer expectation, it is necessary to make sure that the machine has more power than needed in all conditions. As a result of extensive studies of machine usage, we found that the peak power demand were very short duration and were only in special situations. These peaks caused us to put a larger than necessary engine on the machine resulting more fuel consumption. SmartPower™ actively manages the power demand by monitoring the inputs from the operator and clipping the demands by not allowing the machine to exceed it capabilities. This allows us to utilize a smaller, more fuel efficient engine. Machine performance on machines with SmartPower™ is equivalent to machines that do not have the technology with lower fuel consumption. This feature allows an inexperienced operator to be more productive than a seasoned veteran. The new GM5900/5910 that was just made available to the market delivers improved horsepower efficiency through innovations to the hydraulic systems, the electric cooling system and cutting system improvements, which reduces power usage. Because of these innovations, we have a demonstrated up to a 30% improvement in fuel consumption. Page 268 of 940 THE TORO COMPANY City of Mesa 9 City of Mesa RFP for: Grounds Maintenance, Equipment, Parts, Accessories, Supplies, Related Services and Equipment Solicitation # 2017025 Hybrid Electric We see a lot of opportunity to use hybrid electric technology to improve the fuel efficiency of our products. Hybrid electric is beneficial when the peak power requirements are substantially larger than the average power. We have two products that are currently available. One Triflex Greensmower and a fairway mower known as the 5010H. Both products are true hybrids that have engines that charge batteries and power the implements with electric drives. The electric drives are designed for this application to be substantially more efficient than the drives that they replace. We have implanted a creative technology that we call PowerMatch where the hybrid power system decides if the energy required to accomplish the task comes from the engine or the batteries. The net result is 20% fuel savings. Hybrid technology has potential applications to other products in our portfolio that are currently in development. All Electric Products We have been looking at all electric products for many years. Toro holds some of the original patents on electric mowers that date back to the 1920’s. The fundamental challenge is that it takes approximately 800 pounds of lead-acid batteries to be equivalent to a gallon of gasoline or diesel fuel. As a result, it is difficult to get the performance that customers expect or that provide the run time that is needed because it is not possible to carry enough energy in batteries. Battery technology continues to improve both in performance and cost. As of today, we have developed and offered for sale a eFlex® Greensmower® that utilizes state of the art brushless DC electric motors and advanced Li-Ion battery system. The battery Page 269 of 940 THE TORO COMPANY City of Mesa 10 City of Mesa RFP for: Grounds Maintenance, Equipment, Parts, Accessories, Supplies, Related Services and Equipment Solicitation # 2017025 is designed to last for 5 years and provide sufficient runtime to mow the expected number of greens and to power the key desired accessories such as groomers and lights. New to the market is the Workman GTX electric, which has extended range over its predecessor We have and continue to look for new applications of all electric products. It is very important that we understand the demands of the application and make sure that the components are appropriately sized for the application. We need to make sure that we provide adequate power (torque) for peak demands and sufficient capacity and cooling for the required runtime. We believe that we understand the customer needs and expectations so that our all-electric products now and in the future will be desired because they are superior products. We are in the process of developing additional electric products (and hybrid electric products) for release in the near future. Hydrogen Fuel Cells Hydrogen fuel cells are one of the emerging technologies that hold a lot of promise for mobile applications. They were invented in the 50’s and 60’s and one of the first high profile applications were to provide electrical power and water to space craft that allowed us to go to the moon. The first flight of fuel cells was Gemini 5 in August 1965. The explosion in the oxygen tank that provided fuel for the fuel cell and oxygen for the crew was the cause of the disaster in Apollo 13. Fuel cells are desirable because they provide efficient electricity and they are refuelable vs rechargeable. We have prototyped a number of fuel cell vehicles to both demonstrate the potential and to identify the design challenges. We picked two of our product platforms to work with a triplex Greensmower™ and our mid-duty and heavy-duty utility vehicle platform. All of the products resulted in very serviceable products that were equal to or superior to the engine driven platforms that they replaced. We knew we were on the bleeding edge of the commercialization curve. The products were highly functional but were high cost and fuel is not readily available. The turf maintenance market is not large enough to enable commercialization of the infrastructure. We can however utilize shared infrastructure. We developed and deployed a demonstration of the hydrogen vehicles that was supported by the New York State Energy Research and Development Authority (NYSERDA). We developed and deployed in demonstration 4 vehicles at Niagara Falls State Park, Albany, Hempstead and Bethpage. Page 270 of 940 THE TORO COMPANY City of Mesa 11 City of Mesa RFP for: Grounds Maintenance, Equipment, Parts, Accessories, Supplies, Related Services and Equipment Solicitation # 2017025 Appendix Toro Fuel Cell Powered Heavy Duty Workman Utility Vehicle Dimensions: 128” x 65” x 76” (L x W x H*) * Incl ROPS Weight: ~2000 lbs (est) Max GVW 4250 lbs Payload: 2250 lbs total (1850 lbs bed, 400 lbs passengers) Towing: 3500 lbs (w/ trailer brakes), 1500 lbs (w/o brakes) Bed: Hyd. dump, latching tailgate, stake pockets, 20 cu ft Top Speed: 20 mph Seats: 2 Tire Size: 20 x 10 – 10 (Front) 24 x 12 – 12 (Rear) Construction: Steel frame, steel bed, plastic hood and body panels Suspension: Coil Spring (front) Leaf Spring (rear) Storage: Glove box (open) Controls: Power steering, accelerator pedal, brake pedal, park brake, F-N- R, Hi-Lo range, diff-lock, bed lift, key-start, light switch, horn, cruise control, supervisor switch. Gages: H2 psi (fuel), hours, LCD info-center, indicator lamps Fuel Cell: 8 kW PEM, Hydrogenics Operating voltage: 48V nominal Motor/Controller: ACIM, 600 A Buffer-Hybrid: 4 x 12 Lead Acid batteries Tank Pressure: 5000 psi (350 bar) Tank capacity: 74 liters (1.8 kg) Range: Estimated ~80 miles/tank? (TBD) Page 271 of 940 THE TORO COMPANY City of Mesa 12 City of Mesa RFP for: Grounds Maintenance, Equipment, Parts, Accessories, Supplies, Related Services and Equipment Solicitation # 2017025 Toro Fuel Cell Powered Mid-Duty Workman Utility Vehicle Dimensions: 120” x 59” x 50” (L x W x H) Weight: 1600 lbs Payload: 1200 lbs total (800 lbs bed, 400 lbs passengers) Towing: 800 lbs Bed: Hydraulic dump, latching tailgate, stake pockets Top Speed: 16 mph Seats: 2 Tire Size: 22 x 9.5 - 10 Construction: Steel frame, plastic bed and body panels Suspension: Rubber elastomer (front)* NA (rear) Storage: Under seat, under hood* Controls: Steering, accelerator, brake, park brake, F-N-R, bed lift, key-start, light switch Gages: H2 psi (fuel), hours, temperature, info-center* Fuel Cell: 8 kW PEM, Hydrogenics Operating voltage: 48V nominal Motor/Controller: Brush DC, 500 A Buffer-Hybrid: Ultracapacitors or LA batteries* Tank Pressure: 5000 psi (350 bar) Tank capacity: 32 liters (0.8 kg) Range: Up to 55 miles/tank Page 272 of 940 THE TORO COMPANY City of Mesa 13 City of Mesa RFP for: Grounds Maintenance, Equipment, Parts, Accessories, Supplies, Related Services and Equipment Solicitation # 2017025 Toro Fuel Cell Powered Mid-Duty Workman Utility Vehicle Dimensions: 120” x 59” x 50” (L x W x H) Weight: 1800 lbs Payload: 1200 lbs total (800 lbs bed, 400 lbs passengers) Towing: 800 lbs Bed: Hydraulic dump, latching tailgate, stake pockets Top Speed: 16 mph Seats: 2 Tire Size: 22 x 9.5 - 10 Construction: Steel frame, plastic bed and body panels Suspension: Rubber elastomer (front)* NA (rear) Storage: Under seat, under hood* Controls: Steering, accelerator, brake, park brake, F-N-R, bed lift, key-start, light switch Gages: H2 psi (fuel), hours, temperature, info-center* Fuel Cell: 5 kW PEM, Nuvera Operating voltage: 48V nominal Motor/Controller: Brush DC, 500 A Buffer-Hybrid: 4 x 12 Lead Acid batteries Tank Pressure: 5000 psi (350 bar) Tank capacity: 32 liters (0.8 kg) Range: Up to 55 miles/tank Page 273 of 940 THE TORO COMPANY City of Mesa 14 City of Mesa RFP for: Grounds Maintenance, Equipment, Parts, Accessories, Supplies, Related Services and Equipment Solicitation # 2017025 e. Indicate if any of the equipment you are offering has received any awards or nominations for excellence. The Toro Company received the Gold Medal for Innovation, awarded to the Reelmaster 5010- H at demopark+demogolf 2015. The Toro Company is the leading “smart” irrigation manufacturer, having receiving multiple accolades and awards from the Irrigation Association®, the EPA, and others, for its innovative and water-efficient products. Some examples of unique Toro irrigation products include: Precision™ Series Spray Nozzles with patented oscillating stream technology that delivers water savings of up to 35 percent when compared to competitive fixed spray nozzles; the T5 RapidSet® ¾” gear-driven rotor and its patent-pending tool-free arc adjustment feature; the cutting-edge EVOLUTION® Series irrigation controller and its multiple wireless add-on devices that enable performance advances, such as web connectivity, soil moisture sensing, and automatic weather-based schedule adjustments; and a full line of drip irrigation products, such as DL2000™ dripline and its patented ROOTGUARD® technology that allows it to be buried below ground to virtually eliminate evaporation and runoff. The Toro GrandStand MULTI FORCE was a new product award winner in the May/June 2016 issue of Landscape and Irrigation’s “Twenty for 2016 New Product Awards”. The award recognizes the GrandStand MUTLI FORCE as one of the standout new products to hit the market in 2016, based on innovation and application within the market. f. Describe how the innovation and technology of your equipment differs from other equipment in the industry. GM3500: Sidewinder® patented feature The Sidewinder cutting units shift left and right a total of 24 inches (61 cm). This increases the cutting unit overhang for precise trimming. The tire tracks can also be shifted within the mowing path to reduce wear on the turf. GM5900, GM4000, GM4100, GM4500, GM4700: SmartCool™ System SmartCoolThe hydraulically driven cooling fan automatically reverses to blow off chaff buildup on the top and rear air intake screens. The reversal is triggered by rising coolant temperature, hydraulic oil temperature, or air intake temperature. Toro.com/5900 Page 274 of 940 THE TORO COMPANY City of Mesa 15 City of Mesa RFP for: Grounds Maintenance, Equipment, Parts, Accessories, Supplies, Related Services and Equipment Solicitation # 2017025 GM360: QuadSteer™ Unique Quad-Steer all-wheel steering means you can turn on a dime without tearing turf, enabling mowing around fence posts and other objects, even on slopes, in one pass. GM5910, GM4010, GM4110: Factory installed safety cab, competitors have cabs installed by distributor. The factory- installed cab unit includes an integrated four post ROPS, and provides an exceptionally quiet and comfortable environment for the operator. The low profile air conditioning and heating unit is built into the headliner of the cab for increased clearance under trees and storage areas. The front and rear windows open to allow fresh air to the interior of the cab and a front wiper and washer keeps the windshield clean. GM7200: Polar Trac system, only zero-turn mower that converts to a winter tracked snow and ice removal/treatment machine • Converts the Groundsmaster® 7200 into a snow removal machine complete with two rubber tracks and a climate control cab • Track tread is designed for slick ground such as an ice rink • Switch between snow attachments in minutes • POLAR TRAC™ attachments: snow blower, rotary broom, angled snow blade, and v-plow GM5900: InfoCenter™ The onboard InfoCenter monitors and displays machine functions to help keep diagnostic time down, and operating hours UP. Groundsmaster 5900 and 4000, Bi-directional impact absorption on wing decks up to 5 mph. Groundsmaster 4300 and 360 -4WD : Cross Trax all –wheel drive system Reelmaster 5010H Hybrid Fueled Reel Mower Patented PowerMatch technology – the first true hybrid system in a mower that smartly varies and seamlessly matches the power needed from two sources for traction and mowing depending on the workload encountered. The self-charging, 48 volt battery pack is the same type used in the auto industry, and is paired with a more fuel efficient, 24.8 hp diesel engine that results in fuel savings of 20% or more compared to similar mowers. EdgeSeries Reels Reduced maintenance through improved edge retention (resulting from use of more advanced reel blade material and improved design geometry). GeoLink Precision Spraying System The first turf-based GPS spray system, with individual nozzle control and centimeter-accuracy that ensures only the target area is covered. The GPS system reduces operator error, monitors area treated and tracks chemical usage, resulting in savings of 14% on average. Page 275 of 940 THE TORO COMPANY City of Mesa 16 City of Mesa RFP for: Grounds Maintenance, Equipment, Parts, Accessories, Supplies, Related Services and Equipment Solicitation # 2017025 ProCore 648 Rear Wheel Placement The unique design places the wheels in front of the aeration head so adjacent passes can be made without running over cores or freshly aerated turf. This prevents damage to the turf and the fresh holes. Eliminating crushed cores makes cleanup easier, which in turn leads to a more efficient aeration process. Series/Parallel 3WD Patented system that improves traction by maintaining power to the wheels. This leads to improved performance on undulating turf and more consistent hole spacing. TrueCore™ Ground Following System System enables consistent hole depths of up to 4 inches to be achieved. It automatically adjusts the aeration head to maintain the desired tine depth on undulating turf. This leads to a consistent aeration result and uniform turf conditions. RotaLink™ Tine Guide Mechanism Ensures tines remain vertical as they enter and exit the ground. This produces consistently clean holes for better looking turf and easier top dressing fill. Precision Balanced Drive System Drive system is modeled after a 6-cylinder engine with precision balancing. This configuration eliminates hopping, rocking and uncomfortable vibration. This leads to less operator fatigue and discomfort, while providing a more productive aeration experience. ProCore 864/1298 Tine Guide Mechanism Ensures tines remain vertical as they enter and exit the ground. This produce consistently clean holes for better looking turf and easier top dressing fill. Precision Balanced Drive System Toro’s precision balanced coring heads provide exceptionally smooth operation allowing the operator to run the unit in the up position. This simplifies operator interface and improves efficiency. Articulating Coring Heads (1298) The ProCore 1298 features two independent coring heads that articulate for exceptional ground following. ProCore SR Series (deep tine) Hydraulic depth control Allows operator to easily and quickly adjust aeration depth on the fly from the tractor’s seat Intelligently Engineered Unique geometry of the aerator maintains tine-to-turf engagement angle as depth is adjusted. This provides consistent aeration across the depth spectrum without additional adjustments GreensPro Rollers The overlapping smoothing rollers deliver uniform roll across the entire machine. Competitive models do not have feature resulting in a strip of unrolled turf between rolling heads Integrated Trailer Page 276 of 940 THE TORO COMPANY City of Mesa 17 City of Mesa RFP for: Grounds Maintenance, Equipment, Parts, Accessories, Supplies, Related Services and Equipment Solicitation # 2017025 The GreensPro features an integrated trailer allowing for simple and fast transport. Many competitive models require a separate trailer which makes transport slower and often requires flat ground for the roller to be dismounted Familiar Steering The GreensPro 1200 is controlled by a steering wheel which is familiar to most operators. Other rollers have a variety of steering techniques providing a steeper learning curve and can challenging and less safe for new operators. ProStripe 560 Simple Height of Cut Adjustment The cutting height on the ProStripe 560 can be adjusted via a single lever. Competitive models feature three points to adjust cutting height which is more complicated and more likely for error Split Rear Roller The ProStripe 560 features a split differential allowing each half of the roller to move independently. This feature provides two key benefits: (1) It helps protect turf from scuffing in sharp turns; (2) It provides the needed flexibility for the ProStripe to mow a wider variety of locations competitive models cannot easily operate. MP 5800 • Exclusive 6 Diaphragm Pump provides not just the pressure but also the proper volume needed to maintain proper application rate. • Elliptical chemical tank with side agitation nozzles – together with the 6 Diaphragm pump creates a rolling agitation action in the tank for a homogenous mix and also has the benefit of exceptional chemical mixing capabilities. • Tri Truss booms with impact breakaway feature protects nozzle turrets and nozzles from damage. • Exclusive Ultra Sonic Boom accessory kit that automatically maintains the proper 20” boom height, maintaining proper application rate. • Available chemical loading Eductor kit that lowers down to waist height for safe and easy loading of chemicals. • Exclusive available chemical tank Triple Rinse kit that automatically triple rinses the inside of the tank. The system can be operated while the machine is being driven. Workman GTX utility vehicle An unequalled combination of comfort, versatility, power and control make the Workman GTX simply superior to competitive utility vehicles. • Comfort: incorporating a split frame and gimbal joint which isolate movement away from the operator while keeping the bed stable. This class-exclusive feature increase comfort, reduces operator fatigue, and increases safety by keeping all four wheels solidly on the ground. • Versatility: Featuring hundreds of configurable options that include front and rear attachments, including trash can mount, hose reel, walk spreader mount, four and six foot flat bed options, and a bed rack with easily customizable attachment points for string trimmers and other tools. The Workman GTX can also be stretched from two to four seats with an extension kit. • Power: choice of either 429cc gasoline engine or 48-volt brushless A/C electric motor provide the performance to tow 1,000 lbs, or a total vehicle capacity of 1200 lbs. Page 277 of 940 THE TORO COMPANY City of Mesa 18 City of Mesa RFP for: Grounds Maintenance, Equipment, Parts, Accessories, Supplies, Related Services and Equipment Solicitation # 2017025 • Control: Class-exclusive hydraulic disc brakes give reliable and consistent stopping power, while the coil-over shocks deliver a smoother ride, minimizing operator fatigue. Workman MD utility vehicle SRQ™ - Superior Ride Quality SRQ™ combines a coil-over shock absorber suspension design with the Active In-Frame™ twister joint. Front suspension is Independent A-Frame design with coil-over shock absorbers. Rear suspension is Swing Arm design with coil-over shock absorbers. Benefits include operator comfort, safety, reduced operator fatigue, and productivity and efficiency gains. Active In-Frame™ Twister Joint The innovative Active In-Frame™ Twister Joint allows each axle to react independently to the terrain. The result is the smoothest ride over the most undulating surfaces. All four wheels maintain constant contact with the ground for better traction, stability and less potential turf damage. Operator/Passenger Platform Extended front frame for additional legroom to enhance SRQ™ benefits of operator and passenger comfort. Payload Capacity The Workman® MD Series utility vehicles have the highest total payload capacities in their class for maximum productivity. Get more jobs done in less time. MDX/MDX-D - 1,650 lbs. (748 kg); MD - 1,250 lbs. (567 kg); MDE - 1,200 lbs. (544 kg) Rugged Body Styling New rugged injection-molded body styling. Latch opened hood design for ease of access for technicians. Durable Plastic Cargo Bed Double-walled composite bed can withstand the elements and heavy loads, and won't rust or dent. Workman HD Series utility vehicles Tough Frames The Workman® front space frame design is multi-dimensional or truss like, providing superior strength and torsional rigidity in rough terrain. The rear frame uses a C-channel design to provide superior strength in hauling heavy loads. On Demand 4-wheel Drive The Workman is available with an on-demand four-wheel drive system that delivers surefooted traction in forward and reverse, without damaging your turf. Front Impact Bumper A specially designed composite bumper with seven (7) energy absorbing crush zone cones protects the Workman to withstand impacts up to 3 mph (4.8 km/h) under full load with no permanent deformation. DeDion Rear Axle The DeDion rear axle design is an automotive technology which isolates the engine, transmission and main frame from all load forces, eliminating stress to these main components. The I-beam design provides superior ability to handle vertical loading, exactly the reason I-beams are used extensively in the construction industry. Ride Quality Page 278 of 940 THE TORO COMPANY City of Mesa 19 City of Mesa RFP for: Grounds Maintenance, Equipment, Parts, Accessories, Supplies, Related Services and Equipment Solicitation # 2017025 Independent front suspension consisting of two double A-frames with opposing dual coil springs and dual shock absorbers provides 5.75 in. (14.6 cm) of front suspension travel. Rear suspension design consists of a DeDion rear axle and dual independent leaf springs and shock absorbers to provide 3 in. (7.6 cm) of rear travel. Benefits include operator comfort, safety, reduced operator fatigue, productivity and efficiency gains. Disc Brakes 4 wheel hydraulic disc brakes provide greater stopping power and easier servicing than traditional drum brakes. Payload Capacity The Workman® HD vehicle provides the highest industry total payload capacity up to 3,002 lbs. (1,364 kg). Pro Force Blower Wireless Remote Control Start or stop the engine of the blower for complete operational control. Adjust engine throttle up and down for high to low RPM range of operation. Rotate the nozzle 360 degrees in either direction. Efficient Turbine-type Fan Assembly Design Greater air flow to move debris further and finish the job faster. Durable Nozzle Single piece rotomolded plastic nozzle is more resistant to damage and is more durable for lower repair costs and less downtime. Electronic Governor Coupled with functionality of wireless remote control, the Kohler® electronic governor allows the operator to have precise engine speed control. Fully Enclosed Exhaust System Muffler enclosed in protective cage for increased operator safety. Heavy-Duty Trailer & Tow Hitch Height and length of tow hitch are adjustable to accommodate different towing utility vehicles. DOT approved trailer also available. Rugged Construction Rugged construction, including 1/4" (6 mm) steel frame, provides years of trouble-free service. g. All equipment offered must meet the current minimum Tier 4 Environmental Protection Agency (EPA) requirement. All Toro equipment meets current Tier 4 requirements. h. Describe how your firm will notify customers of new equipment, used equipment and services. The Toro Company proactively markets new product and equipment services when new releases enter the marketplace. This is done by using a variety of communication mediums including microsites/website, national advertising (both digital and print), videos, authoring industry articles, and featuring the new products and/or services at the various industry trade shows. In addition to the exposure Toro directly provides, its Distributors also invest in communicating the new product and/or services by supplying its customer base with Newsletters and supporting demos and/or field days. Page 279 of 940 THE TORO COMPANY City of Mesa 20 City of Mesa RFP for: Grounds Maintenance, Equipment, Parts, Accessories, Supplies, Related Services and Equipment Solicitation # 2017025 i. Completed “Sample Equipment Specifications” (Attachment C) See attachment C j. All bidders must submit complete manufacturers' descriptive literature regarding the equipment they propose to furnish in attachment C. The literature shall be sufficient in detail in order to allow a full and fair evaluation of the bid submitted. Failure to include this information may result in the bid being rejected. See Commercial Equipment Guide tabs for specific products from Attachment C K. Submit all information that will aid the City in evaluating your proposal. A unique offering that Toro has is MyTurf maintenance tracking system. MyTurf is a web based system designed to allow you to track the Cost of Operating your fleet of turf equipment. Product information is loaded into the system and then when you have a maintenance task against that product you can track costs. This is a great tool to make business decisions as to whether to repair or replace a product. For your Toro products, the system gives you dynamic real time service bulletins, operator manuals parts catalogs, ordering availability and product schematics. MyTurf also allows you to use our Wireless Hour Meters that automatically update the system with the hours of operation of each piece of equipment. When the hours of operation reach a point where a maintenance procedure needs to be performed you will receive a notification. This helps assure that regular maintenance is not overlooked and extends the life of your equipment. 4. Services a. Provide a detailed written response illustrating how your firm or the authorized dealers will provide services to meet the requirements of this solicitation. Offerors should provide the proposed services that will meet the Service Requirements section of the Scope Work outlined in this solicitation. For each proposed category, describe and/or provide details explaining your capabilities. In your response include information such as: b. Provide detailed information explaining your service capabilities. Toro utilizes our channel partners to provide service and support to our end user customers. For our Commercial division we have 22 distributors in the United States with many satellite offices to meet your needs. They have protected territories which allows them to make significant investments in their facilities and people to support the equipment and services they provide. The Toro Company provides technical assistance and support to our distributor operations teams. This includes troubleshooting equipment issues, providing updates to equipment, issuing service bulletins, working through warrantee issues, implementing performance standards and measurements, providing on-site support when needed for product quality concerns and developing action plans for improvement. We have processes in place to help our channel partners exceed the needs of our customers developed through our 100 years of experience. These include monitoring our customers opinion of our service and developing improvements as necessary to achieve Customer Satisfaction Index scores above 9. Here is an example of a some of our processes and reporting. Page 280 of 940 THE TORO COMPANY City of Mesa 21 City of Mesa RFP for: Grounds Maintenance, Equipment, Parts, Accessories, Supplies, Related Services and Equipment Solicitation # 2017025 Customer Buying Experience (CBE) – Work Flow Process CustomerSatDistributorToro WarrantyToro Customer CareCustomerCustomer Purchases Toro Product Distributor submits invoice data through connectivity Connectivity data registers the customer product Pulls monthly batch registrations for CBE 6 week email survey. 5th of each month TAC Reporting – Rec. final report/ apply rules/submit to CustomerSat CustomerSat receives data Submits email surveys. Receives emails for CBE experience survey Submits survey via email Receives customers feedback Sends alerts and updates dashboard/ scorecards Respond/ acknowledge to alerts and view dashboard/ scorecard Pull same batch for CPE 6 month survey Page 281 of 940 THE TORO COMPANY City of Mesa 22 City of Mesa RFP for: Grounds Maintenance, Equipment, Parts, Accessories, Supplies, Related Services and Equipment Solicitation # 2017025 c. Provided detailed information explaining the service capabilities of your authorized dealers. Simpson Norton’s service area covers the entire State of Arizona, New Mexico, Las Vegas, NV (Clark County) and parts of western Texas including El Paso and surrounding communities. Simpson Norton has a fleet of in-field repair trucks that will perform repair services on equipment at job site for both warranty and non-warranty repairs. Our Goodyear facility staffs seven full-time service technicians and staffs two full-time service technicians in our Las Vegas facility. Simpson Norton has two full-time in-field techs that reside in New Mexico. All Toro’s Commercial distributors nationally have similar capabilities and resources. d. Describe the maintenance programs offered. If a maintenance program is selected by the City, will your firm provide a loaner or rental machine if the machine is down for more than twenty- four (24) hours? Our distributors may offer a variety of maintenance programs depending on the need of the customer. These range from Time and Materials type services, Preventive maintenance contracts, Full Service maintenance contracts that include preventive maintenance and repairs. These programs are priced based on the specific needs of the customer, equipment age and condition. The distributor can provide pricing for these programs on a local level. Our distributors try to accommodate customers with a loaner when equipment is down. e. Describe your preventative maintenance program (PMP) for each of the sample equipment (Attachment A). Provide the expected useful life and salvage value for each piece of equipment. Page 282 of 940 THE TORO COMPANY City of Mesa 23 City of Mesa RFP for: Grounds Maintenance, Equipment, Parts, Accessories, Supplies, Related Services and Equipment Solicitation # 2017025 Provide a list and per unit price of typical repair parts replaced during a piece of equipment’s useful life. In addition, submit life cycle costing information based on 2,000 annual hours of service. Our experience shows that annual usage for the Southwest part of the United States is about 800 hours per year. Usage of equipment such as utility vehicles and bunker rakes is much less than that. We have included our preventive maintenance schedules and typical replacement parts such as filters and best for each of the pieces identified in Attachment C. As far as useful life and salvage value, there are so many variables that go along with this that it is difficult to provide information. It is dependent on how you operate the equipment, the conditions in which you operate and the maintenance practices performed. We will note that Toro equipment typically has a higher residual value for off-lease items than our competitors. f. Describe your training programs. The proposed training program shall include but not be limited to: 1. How will equipment training be conducted? The Toro Company offers in-depth factory training at a reasonable cost to the end user. This training takes place at Toro’s headquarters in Bloomington, MN. The dates vary year by year. Simpson Norton’s salesperson can discuss these offerings as they are made available by The Toro Company. Local training is offered by Simpson Norton and the educational content varies depending on the end user’s needs. Group training is offered by Simpson Norton each year. Dates and cost of training vary from year to year. Simpson Norton offers training Monday-Friday during normal business hours (excludes holidays). Certificates of completion are issued to each attendee after completion of training classes. 2. Describe the training curriculum for the equipment operators. All new and used equipment delivered to the customer includes one-on-one or group training provided by the salesperson and service staff. Operator safety training for all product is offered in one or more of the following media: DVD, online video or paper manual, and provided with each new piece of equipment. 3. Describe the training curriculum for the service technicians. The Toro World Headquarters offers factory training, including a Turf Technician Course. Topics include the following: • Cutting Unit Technology: Cutting unit set-up and adjustments • Traction Units: Electronic and hydraulic systems diagnostics, troubleshooting and testing • Tier4 Engine Systems: Overview of why and how they work • Spray Systems: Components, operation and calibration • Preventive maintenance systems, myTurf, TLC, Parts, and Toro Information Systems • Open forum and a tour of Toro’s development and testing labs Local training is offered by Simpson Norton and the educational content varies depending on the end user’s needs. Page 283 of 940 THE TORO COMPANY City of Mesa 24 City of Mesa RFP for: Grounds Maintenance, Equipment, Parts, Accessories, Supplies, Related Services and Equipment Solicitation # 2017025 4. How will you accommodate various work shifts? Simpson Norton offers training Monday-Friday during normal business hours (excludes holidays). Additional arrangements can be accommodated upon request. 5. What type of documentation is provided with the proposed training? Operator manuals, repair manuals, etc. are provided with each new piece of equipment. Certificates of completion are issued to each attendee after completion of training classes. 6. Is a “train the trainer” program available? Is this training different than the regular initial training? Can training sessions be recorded for future use by the agency? A train the trainer program is not available at this time, but is actively being considered. In the meantime, arrangements can be made to accommodate this training upon request. g. Submit all information that will aid the City in evaluating your proposal. In order to provide the best customer service possible, distributor technicians undergo a rigorous training program consisting of online learning and practical hands-on exercises. The below curriculum is currently under development, with distributor service technicians completing portions as they are introduced. Systems CertificationSprayers QualificationReels QualificationRotaries QualificationVehicles QualificationSpecialties QualificationMaster CertificationDelivery Hydraulics Online X X X X X X X Engines Online X X X X X X X Drivelines Online X X X X X X X Electrical Online X X X X X X X New Hire Orientation at Lyndale Classroom X X X X X X X Introduction to Sprayers Online X X Introduction to Reels Online X X Introduction to Rotaries Online X X Introduction to Vehicles Online X X Introduction to Specialty Equipment Online X X Hands-On Sprayers Classroom X X Hands-On Reels Classroom X X Hands-On Rotaries Classroom X X Hands-On Vehicles Classroom X X Hands-On Speciality Equipment Classroom X X General Courses Service Orientation Product Introduction Courses Hands-On Courses Page 284 of 940 THE TORO COMPANY City of Mesa 25 City of Mesa RFP for: Grounds Maintenance, Equipment, Parts, Accessories, Supplies, Related Services and Equipment Solicitation # 2017025 7. Ordering and Invoices a. Describe your ordering capacity (telephone, fax, internet, etc.). Provide details of the capabilities of your E Commerce website including ability to display contract pricing, on-line ordering, order tracking, search options, order history, technical assistance, lists, technical data and documentation, identification of alternate green products, etc. For Simpson Norton, orders can be called in, faxed, mailed and emailed. Office hours are M-F 6a.m. – 4p.m. www.Toro.com can be utilized to look up parts, parts breakdowns, technical data and documentation (most at no charge). Our myTurf service can also be used for parts lookup and ordering. Requests for tracking orders and order history can be completed by our staff as requested. The sales team can help identify alternative fuel products, etc. b. Describe the equipment delivery process and your delivery commitment. What are standard equipment delivery timeframes? Are there cut off dates and how are these dates communicated to customers. Typically equipment is setup and delivered to the customer’s designated delivery location 4-6 weeks after receipt of purchase order. Delivery times vary based on the type of equipment. Any delivery dates noted on the customer’s PO are honored. If for some reason a deadline cannot be met, the salesman will work closely with the customer to find a mutual solution. A Certificate of Delivery accompanies each piece of new Toro equipment. (see copy attached). The customer retains a copy along with a binder including operator parts manuals along with any other documentation pertaining to that specific piece of equipment. Updates for delivery dates are communicated by the salesman. There really are no cut off dates unless a customer is trying to order before a price increase. Again the salesman would communicate this information to the customer. c. Describe your invoicing process. Is electronic invoicing available? Is summary invoicing available? Are there other options on how an agency receives an invoice? Submit sample invoices. Invoicing is done daily for all deliveries made that day. Invoices can be sent electronically (emailed) or mailed depending on the customer’s needs. Statements are typically mailed, but can be setup to be sent electronically (email). (See attached sample invoice). 8. Other a. Describe any government rebate programs that are offered. State and local governments may develop programs to incent their constituents to purchase alternative fuel products. Each agency would need to inquire with their state or local government agency to determine any current program. Toro will work with each agency to provide the required product for the rebate offered. Page 285 of 940 ITEM/MINIMUM REQUIREMENT VENDOR EXCEPTION/ALTERNATIVE V-Twin cylinder, 4-cycle, OHV.Y N 18 hp (13.4 kW) @ 3600 rpm. Y N Displacement: 34.8 cu. in. (570 cc)Y N Oil capacity: 1.75 quart (1.8 liter)Y N Cooling: Air (high flow blower)Y N Air cleaner system: Remote mounted 3-phase Donaldson® air cleaner Y N Drive: Direct driven hydrostatic variable speed displacement piston pump to 3 hydraulic motors for 3WD, hydraulic traction system. Y N Brakes: Dynamic braking through the hydrostatic transmission, hand actuated brake lever.Y N Hydraulic oil: 5.0 gallon (18.9 liter). 10 micron replaceable cartridge.Y N Main frame: Welded rectangular tubular steel frame construction.Y N Controls: Hand operated choke, throttle, and hydraulic control for raising/lowering with float.Y N Infinitely variable 0-10 mph (16 km/h) forward; 4.3 mph (6.9 km/h) reverse.Y N Battery: 12 volt, 15 amp., 300 CCA @ 0 F Y N Starter: 12 volt electric Y N Light kit Y N Hydraulic Power Steering Y N Rear Rake and Frame Y N Ground Clearance: 6.0”Y N This sheet is to be completed and used in conjuction with the pricing page (Attachment A). BUNKER RAKE SPECIFICATIONS Item 1 GROUND SPEED TRACTION ENGINE ELECTRICAL STEERING OTHER CHARACTERISTICS COMPLY? Page 286 of 940 ITEM/MINIMUM REQUIREMENT VENDOR EXCEPTION/ALTERNATIVE v-twin 4-cycle, OHV gas, liquid-cooled, gasoline powered engine Y N Horsepower- 28 HP Y N Torque 40.8 Y N Displacement – 69 cu. in. (747 cc)Y N 45.6 cu. In. (747cc) Oil Capacity – 2 qts. Y N Governor type – Mechanical centrifugal Y N Lube Oil Filter – Full flow with spin-on oil filter Y N Lubrication – Full-pressure lubrication Y N Starting System – 12-volt starter Y N In Line Fuel Filter Y N Rated Capacity – approx. 3,295 lbs Y N Auto Transmission w/ Electric Differential Lock Y N Lights – Two seated high/low-beam headlights; stoplight/taillight Y N No high/low beams. Twin LED headlights Fuel Injected w/ Electric Choke Y N Hydraulic System – 6.8 gal. (25.7) capacity; 25- micron, full-flow filtration; biodegradable fluid; oil cooler standard Y N 16 quart capacity Automotive power steering Y N Hydraulic disc brakes, self-adjusting on all wheels, mechanical cable actuated caliper parking brake on rear wheels Y N COMPLY? HEAVY DUTY UTILITY VEHICLE SPECIFICATIONS Item 2 ENGINE PAYLOAD CAPACITY ELECTRICAL SYSTEM STEERING BRAKES DRIVETRAIN Page 287 of 940 ITEM/MINIMUM REQUIREMENT VENDOR EXCEPTION/ALTERNATIVE Fuel = Diesel Y N Size = Approx. 52 Cubic Inches Y N 68.5 cu. in. Power = Approx. (Gross) 35 Hp Y N 21.5 Hp Air Cleaner = Dual-Stage With Restriction Indicator Y N Heavy-duty, radial seal air cleaner Cooling = Liquid Y N Oil Filter = Full Flow Filter Y N Cylinders = 3 Y N Displacement = 67.1 Cubic Inches Y N 68.5 cu. In. FUEL = 11 Gal Y N 7.5 Gal ENGINE OIL = 3 Qt Y N 4.25 Qt HYDRAULIC OIL = 3.5 Gal Y N Traction Drive = Full time 3 Wheel Drive Reduce Slip System (RSS), 2-pedal foot controlled; or equivalent Y N Series Parallel 3 wheel drive 2-wheel Disc Y N 2-wheel drum Hand controlled Park Brake Y N Closed loop traction system.Y N Drive Wheels=Hydraulic, Standard 3 Wd Y N Traction Drive = Three-Wheel Drive Reduce Slip System, 2-Pedal Controlled Y N Series Parallel 3 wheel drive Number = 3 Reel Cutting Units Y N SIZE = Approx. 26”Y N 27" Number Of Blades = 8 Y N Backlapping = Standard Y N CLIP FREQUENCY = 0.126-In/Mph Y N Variable reel speed to set clip properly for the ground speed and HOC. Front Rollers = Grooved Y N Weihle rollers Reel Diameter = 7”Y N BEDKNIFE ADJUSTMENT = Reel-To-Bedknife Y N Duel Point Adjustment - Bedknife-to-Reel Rear Rollers = Solid Y N DIAGNOSTICS = On board Diagnostics with the White Box Controller and (SOS) Sit on Sit Diagnostics; or equivalent Y N Standard Control module with diagnostic lights. Neutral start switch Y N Operator presence switch (in seat)Y N Mow / Transport switch Y N Park brake set switch.Y N DRIVE SYSTEM SURROUNDS MOWER SPECIFICATIONS Item 3 COMPLY? ENGINE CAPACITIES BRAKES OTHER STANDARD EQUIPMENT CUTTING UNITS ELECTRICAL AND SAFETY INTERLOCKS Page 288 of 940 ITEM/MINIMUM REQUIREMENT VENDOR EXCEPTION/ALTERNATIVE Power = 18 HP Y N Type = Gas (Unleaded) powered Y N Fuel Capacity = 7.0 gal Y N Hydraulic Oil = 7.5 gal primary, and 1.0 gal auxiliary tank Y N Traction Drive = Hydrostatic piston pump closed loop system. Foot pedal forward and reverse; infinitely variable Y N IMPLEMENT DRIVE Hydraulic drive, individual pump and valve sections operating three reels Y N Number = 3 Y N Type = 11 Blade Y N BEDKNIVES = Lo-Cut, 1/8”Y N Height Of Cut Range = 0.125” – 0.750”Y N Reel Frame Y N Reel Diameter = 5”Y N Blades Shall Be High Carbon Steel Y N STEERING Power Y N Gas Shock Y N Double acuating steering cyclinder CONTROLS LED Light Kit Y N Raise / lower mow lever (joystick)Y N COMPLY? ENGINE CAPACITIES DRIVE SYSTEM TRIPLEX GREENS MOWER SPECIFICATIONS Item 4 CUTTING UNITS OTHER STANDARD EQUIPMENT Page 289 of 940 ITEM/MINIMUM REQUIREMENT VENDOR EXCEPTION/ALTERNATIVE ENGINE 55 HP, Liquid Cooled Turbo Charged Diesel Y N AIR CLEANER Dry, replaceable primary and safety elements Y N RADIATOR Rear-mount cross-flow, 7-row, 5-fins per inch, 13 quart (10.4 Y N Rear-mount, cross-flow, 7-row, 6.3 fins per inch, 9 quart (8.5 liter) capacity FUEL CAPACITY Approx. 22 gallon (72 liter) diesel fuel/biodiesel B-20 Y N TRACTION DRIVE Full time bi-directional hydrostatic, closed-loop, 4wd transmission, variable displacement piston pump with servo controls powers fixed displacement piston motors which drive single action reduction planetary gear assemblies at each front wheel. Parallel hydraulic flow powers fixed displacement piston motor, which drives mechanical axle in rear. 2wd in forward (transport) range. Y N Parallel hydrostatic, closed loop system with full- time 4WD. Forward/reverse in low (mow) and high (transport) range with full-time, automatic traction assist (forward only) standard. Variable displacement piston pump with electronic servo control powers dual speed displacement piston motor drive into double reduction planetary in front, and mechanical axle in rear. HYDRAULICS/COOLING 12 gallon capacity 2 micron remote spin-on filter. 19 row, single pass cooler with tilt out for cleaning.Y N 8.75 gallon (33.1 liter) capacity with 10 micron remote spin-on filter. 9 row, single pass cooler with tilt out for cleaning. Variable speed radiator cooling fan with automatic (based on coolant and oil temps) and manual reversing capabilities. DIAGNOSTICS Diagnostics pressure test ports: forward and reverse traction, left, center, and right decks. Reverse 4WD, lift, and steering. Charge and deck counterbalance circuits. Y N INTERLOCKS Prevents engines from starting unless traction pedal is in neutral and deck is disengaged. If operator leaves seat with deck engaged, engine stops. Mowing only permitted in low range. Engine stops if parking brake engaged and traction pedal not in neutral. Deck transport latches. Y N WIDTH OF CUT Overall approx. 109” . Center deck 54”. Two 37” Wings all upfront Y N Overall: 132" (335 cm), Front: 62" (157.5 cm), Wings: 42" (106.7 cm), Overlap: 7" (12.8 cm). MOWING RATES Mows up to 6.5 acres/hr at 7 Mph assuming no overlaps or stops Y N Mows up to 10.6 acres/h (4.3 hectares/h) at 8 mph (12.4 km/h) (assumes no overlap or stops). OTHER STANDARD EQUIPMENT Light Kit Y N Optional Canopy Y N Optional DRIVE SYSTEM OTHER CHARACTERISTICS CUTTING UNITS WIDE AREA ROTARY MOWER SPECIFICATIONS Item 5 COMPLY? ENGINE AND CAPACITIES Page 290 of 940 FAIRWAY MOWER SPECIFICATIONS ITEM/MINIMUM REQUIREMENT VENDOR EXCEPTION/ALTERNATIVE ENGINE 3 Cylinder 36.8 hp Diesel, Liquid Cooled Y N Pressurized Lubrication System w/5.0 Qt Y N FUEL CAPACITY Approx. 14 gallon diesel fuel/biodiesel B-20 Y N HYDRAULIC CAPACITY 15 Gallon Capacity w/Spin on 10 Micron Filter Y N CONTROLS Single foot operated pedal with speed limiter Y N Foot Activated parking brake Y N Hand operated key switch, throttle, isochroous engine speed control.Y N Hand operated raise/lower joystick for reel raise and lower, headlight switch and pivoting control console. Y N ELECTRICAL 12 Volt, 570 CCA battery w/55 Amp alternator, electronic control unit that is microprocessor based.Y N Solid State with diagnostic capabilites for all safty switch and operator present switches.Y N CUTTING UNIT 5- 22" 11 blade cutting units with edgemax bed knives Y N 100" width of cut w/3" grooved front roller and smooth rear roller Y N OTHER EQUIPMENT Rear roller Powered brushes Y N Air-ride seat Y N Sun Shade Y N Item 6 COMPLY? ENGINE AND CAPACITIES Page 291 of 940 ITEM/MINIMUM REQUIREMENT VENDOR EXCEPTION/ALTERNATIVE V-Twin cylinder, 4-cycle, OHV.Y N 18 hp (13.4 kW) @ 3600 rpm. Y N Displacement: 34.8 cu. in. (570 cc)Y N Oil capacity: 1.75 quart (1.8 liter)Y N Cooling: Air (high flow blower)Y N Air cleaner system: Remote mounted 3-phase Donaldson® air cleaner Y N Drive: Direct driven hydrostatic variable speed displacement piston pump to 3 hydraulic motors for 3WD, hydraulic traction system. Y N Brakes: Dynamic braking through the hydrostatic transmission, hand actuated brake lever.Y N Hydraulic oil: 5.0 gallon (18.9 liter). 10 micron replaceable cartridge.Y N Main frame: Welded rectangular tubular steel frame construction.Y N Controls: Hand operated choke, throttle, and hydraulic control for raising/lowering with float.Y N Infinitely variable 0-10 mph (16 km/h) forward; 4.3 mph (6.9 km/h) reverse.Y N Battery: 12 volt, 15 amp., 300 CCA @ 0 F Y N Starter: 12 volt electric Y N Light kit Y N Hydraulic Power Steering Y N Rear Rake and Frame Y N Ground Clearance: 6.0”Y N TRACTION This sheet is to be completed and used in conjuction with the pricing page (Attachment A). BUNKER RAKE SPECIFICATIONS Item 1 COMPLY? ENGINE GROUND SPEED ELECTRICAL STEERING OTHER CHARACTERISTICS Attachment C - Sample Equipment Specifications Page 292 of 940 ITEM/MINIMUM REQUIREMENT VENDOR EXCEPTION/ALTERNATIVE v-twin 4-cycle, OHV gas, liquid-cooled, gasoline powered engine Y N Horsepower- 28 HP Y N Torque 40.8 Y N Displacement – 69 cu. in. (747 cc)Y N 45.6 cu. In. (747cc) Oil Capacity – 2 qts. Y N Governor type – Mechanical centrifugal Y N Lube Oil Filter – Full flow with spin-on oil filter Y N Lubrication – Full-pressure lubrication Y N Starting System – 12-volt starter Y N In Line Fuel Filter Y N Rated Capacity – approx. 3,295 lbs Y N Auto Transmission w/ Electric Differential Lock Y N Lights – Two seated high/low-beam headlights; stoplight/taillight Y N No high/low beams. Twin LED headlights Fuel Injected w/ Electric Choke Y N Hydraulic System – 6.8 gal. (25.7) capacity; 25- micron, full-flow filtration; biodegradable fluid; oil cooler standard Y N 16 quart capacity Automotive power steering Y N Hydraulic disc brakes, self-adjusting on all wheels, mechanical cable actuated caliper parking brake on rear wheels Y N STEERING HEAVY DUTY UTILITY VEHICLE SPECIFICATIONS Item 2 COMPLY? ENGINE PAYLOAD CAPACITY DRIVETRAIN ELECTRICAL SYSTEM BRAKES Page 293 of 940 ITEM/MINIMUM REQUIREMENT VENDOR EXCEPTION/ALTERNATIVE Fuel = Diesel Y N Size = Approx. 52 Cubic Inches Y N 68.5 cu. in. Power = Approx. (Gross) 35 Hp Y N 24.5 Hp Air Cleaner = Dual-Stage With Restriction Indicator Y N Heavy-duty, radial seal air cleaner Cooling = Liquid Y N Oil Filter = Full Flow Filter Y N Cylinders = 3 Y N Displacement = 67.1 Cubic Inches Y N 68.5 cu. In. FUEL = 11 Gal Y N 7.5 Gal ENGINE OIL = 3 Qt Y N 4.25 Qt HYDRAULIC OIL = 3.5 Gal Y N Traction Drive = Full time 3 Wheel Drive Reduce Slip System (RSS), 2-pedal foot controlled; or equivalent Y N 2-wheel Disc Y N 2-wheel drum Hand controlled Park Brake Y N Closed loop traction system.Y N Drive Wheels=Hydraulic, Standard 3 Wd Y N Traction Drive = Three-Wheel Drive Reduce Slip System, 2-Pedal Controlled Y N Number = 3 Reel Cutting Units Y N SIZE = Approx. 26”Y N 27" Number Of Blades = 8 Y N Backlapping = Standard Y N CLIP FREQUENCY = 0.126-In/Mph Y N Variable reel speed to set clip properly for the ground speed and HOC. Front Rollers = Grooved Y N Weihle rollers Reel Diameter = 7”Y N BEDKNIFE ADJUSTMENT = Reel-To-Bedknife Y N Dual Point Adjustment - Bedknife-to-Reel Rear Rollers = Solid Y N DIAGNOSTICS = On board Diagnostics with the White Box Controller and (SOS) Sit on Sit Diagnostics; or equivalent Y N Standard Control module with diagnostic lights. Neutral start switch Y N Operator presence switch (in seat)Y N Mow / Transport switch Y N Park brake set switch.Y N ELECTRICAL AND SAFETY INTERLOCKS SURROUNDS MOWER SPECIFICATIONS Item 3 COMPLY? ENGINE CAPACITIES DRIVE SYSTEM BRAKES OTHER STANDARD EQUIPMENT CUTTING UNITS Page 294 of 940 ITEM/MINIMUM REQUIREMENT VENDOR EXCEPTION/ALTERNATIVE Power = 18 HP Y N Type = Gas (Unleaded) powered Y N Fuel Capacity = 7.0 gal Y N Hydraulic Oil = 7.5 gal primary, and 1.0 gal auxiliary tank Y N Traction Drive = Hydrostatic piston pump closed loop system. Foot pedal forward and reverse; infinitely variable Y N IMPLEMENT DRIVE Hydraulic drive, individual pump and valve sections operating three reels Y N Number = 3 Y N Type = 11 Blade Y N BEDKNIVES = Lo-Cut, 1/8”Y N Height Of Cut Range = 0.125” – 0.750”Y N Reel Frame Y N Reel Diameter = 5”Y N Blades Shall Be High Carbon Steel Y N STEERING Power Y N Gas Shock Y N Double acuating steering cyclinder CONTROLS LED Light Kit Y N Raise / lower mow lever (joystick)Y N Item 4 COMPLY? ENGINE CAPACITIES DRIVE SYSTEM CUTTING UNITS OTHER STANDARD EQUIPMENT TRIPLEX GREENS MOWER SPECIFICATIONS Page 295 of 940 ITEM/MINIMUM REQUIREMENT VENDOR EXCEPTION/ALTERNATIVE ENGINE 55 HP, Liquid Cooled Turbo Charged Diesel Y N AIR CLEANER Dry, replaceable primary and safety elements Y N RADIATOR Rear-mount cross-flow, 7-row, 5-fins per inch, 13 quart (1 Y N Rear-mount, cross-flow, 7-row, 6.3 fins per inch, 9 quart (8.5 liter) capacity FUEL CAPACITY Approx. 22 gallon (72 liter) diesel fuel/biodiesel B-20 Y N TRACTION DRIVE Full time bi-directional hydrostatic, closed-loop, 4wd transmission, variable displacement piston pump with servo controls powers fixed displacement piston motors which drive single action reduction planetary gear assemblies at each front wheel. Parallel hydraulic flow powers fixed displacement piston motor, which drives mechanical axle in rear. 2wd in forward (transport) range. Y N Parallel hydrostatic, closed loop system with full-time 4WD. Forward/reverse in low (mow) and high (transport) range with full-time, automatic traction assist (forward only) standard. Variable displacement piston pump with electronic servo control powers dual speed displacement piston motor drive into double reduction planetary in front, and mechanical axle in rear. HYDRAULICS/COOLING 12 gallon capacity 2 micron remote spin-on filter. 19 row, single pass cooler with tilt out for cleaning.Y N 8.75 gallon (33.1 liter) capacity with 10 micron remote spin-on filter. 9 row, single pass cooler with tilt out for cleaning. Variable speed radiator cooling fan with automatic (based on coolant and oil temps) and manual reversing capabilities. DIAGNOSTICS Diagnostics pressure test ports: forward and reverse traction, left, center, and right decks. Reverse 4WD, lift, and steering. Charge and deck counterbalance circuits. Y N INTERLOCKS Prevents engines from starting unless traction pedal is in neutral and deck is disengaged. If operator leaves seat with deck engaged, engine stops. Mowing only permitted in low range. Engine stops if parking brake engaged and traction pedal not in neutral. Deck transport latches. Y N WIDTH OF CUT Overall approx. 109” . Center deck 54”. Two 37” Wings all upfront Y N Overall: 132" (335 cm), Front: 62" (157.5 cm), Wings: 42" (106.7 cm), Overlap: 7" MOWING RATES Mows up to 6.5 acres/hr at 7 Mph assuming no overlaps or stops Y N Mows up to 10.6 acres/h (4.3 hectares/h) at 8 mph (12.4 km/h) (assumes no overlap or OTHER STANDARD EQUIPMENT Light Kit Y N Optional Canopy Y N Optional DRIVE SYSTEM WIDE AREA ROTARY MOWER SPECIFICATIONS Item 5 COMPLY? ENGINE AND CAPACITIES OTHER CHARACTERISTICS CUTTING UNITS Page 296 of 940 FAIRWAY MOWER SPECIFICATIONS ITEM/MINIMUM REQUIREMENT VENDOR EXCEPTION/ALTERNATIVE ENGINE 3 Cylinder 36.8 hp Diesel, Liquid Cooled Y N Pressurized Lubrication System w/5.0 Qt Y N FUEL CAPACITY Approx. 14 gallon diesel fuel/biodiesel B-20 Y N HYDRAULIC CAPACITY 15 Gallon Capacity w/Spin on 10 Micron Filter Y N CONTROLS Single foot operated pedal with speed limiter Y N Foot Activated parking brake Y N Hand operated key switch, throttle, isochroous engine speed control.Y N Hand operated raise/lower joystick for reel raise and lower, headlight switch and pivoting control console.Y N ELECTRICAL 12 Volt, 570 CCA battery w/55 Amp alternator, electronic control unit that is microprocessor based.Y N Solid State with diagnostic capabilites for all safty switch and operator present switches.Y N CUTTING UNIT 5- 22" 11 blade cutting units with edgemax bed knives Y N 100" width of cut w/3" grooved front roller and smooth rear roller Y N OTHER EQUIPMENT Rear roller Powered brushes Y N Air-ride seat Y N Sun Shade Y N ENGINE AND CAPACITIES Item 6 COMPLY? Page 297 of 940 THE TORO COMPANY City of Mesa 1 City of Mesa RFP for: Grounds Maintenance, Equipment, Parts, Accessories, Supplies, Related Services and Equipment Solicitation # 2017025 Toro Equipment Maintenance Products and Schedules for Equipment In Attachment C. Item #1 Bunker Rake Page 298 of 940 THE TORO COMPANY City of Mesa 2 City of Mesa RFP for: Grounds Maintenance, Equipment, Parts, Accessories, Supplies, Related Services and Equipment Solicitation # 2017025 Items #2 Heavy Duty Vehicle Page 299 of 940 THE TORO COMPANY City of Mesa 3 City of Mesa RFP for: Grounds Maintenance, Equipment, Parts, Accessories, Supplies, Related Services and Equipment Solicitation # 2017025 Item #3 Surrounds Mower Page 300 of 940 THE TORO COMPANY City of Mesa 4 City of Mesa RFP for: Grounds Maintenance, Equipment, Parts, Accessories, Supplies, Related Services and Equipment Solicitation # 2017025 Item #4 Triplex Greens Mower Page 301 of 940 THE TORO COMPANY City of Mesa 5 City of Mesa RFP for: Grounds Maintenance, Equipment, Parts, Accessories, Supplies, Related Services and Equipment Solicitation # 2017025 Item #5 Wide Area Rotary Mower Page 302 of 940 THE TORO COMPANY City of Mesa 6 City of Mesa RFP for: Grounds Maintenance, Equipment, Parts, Accessories, Supplies, Related Services and Equipment Solicitation # 2017025 Page 303 of 940 THE TORO COMPANY City of Mesa 7 City of Mesa RFP for: Grounds Maintenance, Equipment, Parts, Accessories, Supplies, Related Services and Equipment Solicitation # 2017025 Item #6 Fairway Mower Page 304 of 940 Page 305 of 940 CUST.#: INVOICE DATE INVOICE NO. BILL TO: SHIP TO: REMIT TO: INSTRUCTIONS SHIP Point P.O. NO.PAGE # SHIP VIA SHIPPED TERMS LINE NO. PRODUCT AND DESCRIPTION QUANTITY ORDERED QUANTITY BACK ORDERED QUANTITY SHIPPED QTY. U/M DISCOUNT MULTIPLIER UNIT PRICE AMOUNT (NET) INVOICE 42614 05/11/15 1465124-00 SIMPSON NORTON CORPORATION 4144 S. BULLARD AVE. GOODYEAR, AZ 85338 SIMPSON NORTON CORP. F42015006490-1 1 O/T Fred B 05/11/15 NET 30 Last Page Cash Discount 0.00 If Paid By 06/10/15 Order Entry Demand Invoices CITY OF MESA F420 - PARKS & REC - MS7010 PO BOX 16795 MESA, AZ 85211-6795 CITY OF MESA RIVERVIEW 2414 W RIO SALADO PARKWAY MESA, AZ 85201 RONALD.RICHARDSON@MESAAZ.GOV 1 03780A 1 0 1 EA 0.00 84687.49 84687.49 RM7000-D Serial #: 315000105 2 03710 5 0 5 each 0.00 0.00 0.00 27" HD 8 Blade DPA Cutti ng Unit Serial #: 314000204 314000205 314000206 314000207 314000208 3 03716 5 0 5 each 0.00 0.00 0.00 27" HD Verti-Cutter Serial #: 315000107 315000108 315000109 315000110 315000111 4 30552 1 0 1 ea 0.00 0.00 0.00 RED CANOPY UNIVERSAL SUNSHADE 4 Lines Total Qty Shipped Total 12 Sub Total 84687.49 Taxes 6351.56 Invoice Total 91039.05 Balance Due 91039.05 SIMPSON NORTON CORPORATION 4144 S. BULLARD AVENUE GOODYEAR, AZ 85338 (623) 932-5116 FAX (623) 932-5299 Page 306 of 940 Distributor Name Last First Work Email Work / Distributor Address Work City Work ST Work Zip Century Equipment Mowat John jmowat@centuryequip.com 4199 Leap Road Hilliard OH 43026 Century Equipment Smolik Ron rsmolik@centuryequip.com 26565 Miles Road Warrensville Heights OH 44128 E. H. Griffith, Inc.Lamarca Paul paull@ehgriffith.com 2250 Palmer Street Pittsburgh PA 15218 Grassland Equipment Lind Roger rlind@grasslandcorp.com 315 Commerce Blvd.Liverpool NY 13088 Ness Turf Smith Leonard lsmith@nessturf.com 94-025 Farrington Hwy Waipahu HI 96797 Hector Turf Limberg Joe jlimberg@hectorturf.com 1301 N.W. 3rd Street Deerfield Beach FL 33442 Jerry Pate Turf & Irrigation Kurpuis Chris ckurpuis@jerrypate.com 301 Schubert Drive Pensacola FL 32504-6958 Kenney Machinery Corp.Gamble Dan dan.gamble@kmcturf.com 8420 Zionsville Road Indianapolis IN 46268 L. L. Johnson Distributing Melchior Dan dmelchior@lljohnson.com 4701 Ivy St.Denver CO 80216-6400 Midland Implement Company Pates Randy rpates@midlandimplement.com 402 Daniels Street Billings MT 59101 Midwest Turf & Irrigation Deines Jerry jdeines@midwestturf.net 14201 Chalco Valley Parkway Omaha NE 68138 MTI Distributing Andrews Shane shane.andrews@mtidistributing.com 4830 Azelia Ave. N. Ste. 100 Brooklyn Center MN 55429 Professional Turf Products McCue Mike mccuem@proturf.com 1010 No. Industrial Blvd.Euless TX 76039 Reinders Jensen John jjensen@reinders.com W227 N6225 Sussex Road Sussex WI 53089 Simpson Norton Corporation Lucas Shelly shelly.lucas@simpsonnorton.com 4144 S. Bullard Ave.Goodyear AZ 85338-3613 Smith Turf & Irrigation Miller Brent brent.miller@smithturf.com 4355 Golf Acres Drive Charlotte NC 28208 Smith Turf & Irrigation Blackburn Bill bill.blackburn@smithturf.com 525 Fairground Court Nashville TN 37211-2008 Smith Turf & Irrigation McGrory Dan dan.mcgrory@smithturf.com 2201 Dabney Road Richmond VA 23230-0327 Spartan Distributors Early Kris kris.early@spartandist.com 1050 Opdyke Road Auburn Hills MI 48326 Spartan Distributors Early Kris kris.early@spartandist.com 487 W. Division Street Sparta MI 49345 Storr Tractor Company Indyk Kenneth kindyk@storrtractor.com 3191 U.S. Hwy 22 East Branchburg NJ 08876-3481 Turf Equipment & Irrigation Jeffries Dave dave.jeffries@turfequip.com 1630 South Gladiola Street Salt Lake City UT 84104 Turf Equipment & Supply Pardoe Brian brianpardoe@turf-equipment.com 8015 Dorsey Run Road Jessup MD 20794 Turf Products Dynowski Dave ddynowski@turfproductscorp.com 157 Moody Road Enfield CT 06082 Turf Star, Inc.Dahl Doug dougd@turfstar.com 2110 La Mirada Dr., Ste. 100 Vista CA 92081 Turf Star, Inc.Talley Chuck chuck.talley@turfstar.com 11373 Sunrise Gold Circle Rancho Cordova CA 95742-6533 Wesco Turf Jacobs Linda linda.jacobs@wescoturf.com 2101 Cantu Court Sarasota FL 34232-6242 Western Equipment Bergeron Dick dick.bergeron@western-equip.com 20224 - 80th Avenue South Kent WA 98032-1288 Toro Distributor Listing (Commercial Division) Page 307 of 940 THE TORO COMPANY City of Mesa 1 City of Mesa RFP for: Grounds Maintenance, Equipment, Parts, Accessories, Supplies, Related Services and Equipment Solicitation # 2017025 TAB 4 - Pricing and Compensation Forms. The cost portion of the Response should include the following criteria: 1. Provide a Price Proposal. See attachment A. 2. Describe in detail the proposed business pricing model(s). Include all pertinent details (formulas, definitions, data, audit criteria, etc.) to explain the benefits of the proposed model. Discuss how a participating agency will be able to verify (audit) that the net pricing received conforms to the model. We have six Business Units represented in this proposal. 1. The Toro Commercial Division pricing will be 21.8% off current MSRP of all wholegoods, attachments and accessories. o For the City of Mesa, the Parts Program will consist of offering discounts on high usage parts such as belts, filters, tires, etc. The discount on these ‘Performance Parts’ varies by product group but ranges up to 50% off retail. These prices are reflected in the Parts pricing in Attachment A. 2. The Toro Landscape Contractor Equipment (LCE) Division pricing will be 27% off current MSRP for their landscape contractor wholegoods, attachments and accessories. 3. The Toro Siteworks Systems Division (SWS) pricing will be 17% off current MSRP for wholegoods, attachments and accessories. 4. Golf Irrigation will be 40% off MSRP for all wholegoods, attachments and accessories. 5. Residential Commercial Irrigation will be: o Irritrol; 40% off MSRP on wholegoods, attachments and accessories. o Rainmaster: 17% to 30% off MSRP on wholegoods, attachments and accessories. o ResCom : 40% off MSRP on Wholegoods, attachments and accessories o Sentinel: 30% off MSRP on wholegoods, attachments and accessories. 6. BOSS: 25% off MSRP on wholegoods, attachments and accessories We request that our dealers and/or distributors have the ability to add attachments and accessories designed for use on Toro products but manufactured by a third party. These are items such as snow throwers, snow blades and brooms that attach to our products for use in the winter months. Each manufacturer of these products provides their own pricing, our pricing would not exceed the manufacturer list price. If there were any shipping and/or setup costs incurred by the dealer these would be added to the cost of the product. Used and Demonstrator Equipment: Preowned and Demonstrator equipment is available from our distributors and dealers and pricing is based on Fair Market Value. The FMV of used and demo equipment is based on a combination of factors from true leasing which sets residual buyouts to hours, condition, age of equipment and current market pricing for like items. Our distributors typically publish a list of available equipment including the pricing. Page 308 of 940 THE TORO COMPANY City of Mesa 2 City of Mesa RFP for: Grounds Maintenance, Equipment, Parts, Accessories, Supplies, Related Services and Equipment Solicitation # 2017025 Financing and leasing: Tax-exempt financing and leasing is a tool that municipalities can use to spread the cost of capital equipment acquisitions over the life of the assets being financed. Toro has contractual relationships with three finance companies that compete for your business. These are PNC, TCF, and DLL. Because of these relationships we have developed documents to help stream line the process for our tax exempt customers. This includes the credit application, approval, and non-appropriation language. This nationwide team of finance professionals has an in-depth understanding of tax-exempt financing. Based on tax-exempt pricing($1 purchase option at end of lease term), the monthly lease rate is indexed to a spread not to exceed 450 basis points (BPS) over the like term US treasuries (as published by the US Federal Reserve Statistical Release H.15). Individual transaction pricing will be priced to the market based on specific transaction details. For Fair Market Value (FMV) leases, terms from three to five years will be available. The monthly payments will not exceed 3.5% of the award price (at 600 hours per year of use). Alternative hours and payment terms (skip pays, annual pays, etc.) can be quoted by one of our financing partners. At the end of the lease (assuming all terms and conditions of the lease have been met), the equipment may be returned (subject to turn-in requirements identified in the lease documents), renewed for an additional time, on mutually agreeable terms between the parties, or purchased at the then, fair market value of the equipment. Included in this proposal is a hard copy of Toro’s current MSRP for each divisions products. Electronic copies will also be provided. Any product, attachments and accessory that is on these spreadsheet is available for the stated discounts. This price model provides an aggressive discount to end users and is easy to calculate through a discount on MSRP. We have many products that we typically do not discount, we refer to these as proprietary products, but with this contract we discount all products with the same aggressive pricing to provide customers with the aggressive pricing but also make pricing and auditing more efficient for all parties. We will provide the City of Mesa and National IPA with current copies of our MSRP pricing so customers can verify through a third party. For Commercial, we also have a pricing system called iQuote that we load pricing from Toro and is used by all distributors to calculate pricing. This ensures the correct pricing at each location. Here is an example of this quoting system. Page 309 of 940 THE TORO COMPANY City of Mesa 3 City of Mesa RFP for: Grounds Maintenance, Equipment, Parts, Accessories, Supplies, Related Services and Equipment Solicitation # 2017025 3. The City’s expectation is that the proposed pricing shall include delivery to Mesa and Participating Public Agencies. Based on your distribution network, explain the impact of such pricing to the City, Participating Public Agencies residing in large metropolitan areas and Participating Public Agencies residing in rural areas. Propose an optimal solution(s) that would provide Participating Public Agencies with the best pricing including freight costs. The Pricing to the City of Mesa includes set-up and delivery of wholegoods, attachments and accessories. It will be the determination of each of our distributors if they want to charge set-up and delivery fees for orders from other Participating Public Agencies. This pricing strategy allows us to provide a more aggressive price on wholegoods, attachments and accessories. 4. The discount structure provided by the supplier is intended to remain constant throughout the term of the Contact. Discuss how often price lists are updated and provide a listing of price list changes that have taken place over the last three (3) years. Discuss any known future price list changes or industry changes that will effect pricing over the next Five (5) years. Toro typically has changes to our MSRP lists once per year. As our fiscal year starts on November 1, we plan our annual changes for that date. Our goal is to keep our price increases to a minimum to remain competitive in this market. For 2017 we have implemented an average price increase of 1.3%. On occasion, we have to veer from this plan as economic forces cause our costs to change more dramatically than anticipated. We do provide at least a 30-day notice to our distributors that these changes are occurring. Over the past 3 years we have been able to hold to our plan of once per year price change. Page 310 of 940 THE TORO COMPANY City of Mesa 4 City of Mesa RFP for: Grounds Maintenance, Equipment, Parts, Accessories, Supplies, Related Services and Equipment Solicitation # 2017025 There are other factors that also impact our pricing. The federal government mandated changes to emissions, known as Tier 4, this has significantly impact pricing on our diesel, non-road, 25 – 74 horsepower products starting in 2013. These price increases have ranged from 10 – 20% depending on product but Toro’s products have all transitioned to the Tier 4 Final engines and are therefore reflected in the current pricing. 5. State if pricing is most favorable offered to government agencies. Describe how your firm will ensure this contract will continually offer the best pricing available to Participating Public Agencies. Pricing is most favorable offered for contracts of this scope. We are continuously provided with feedback from field sales representatives concerning the price/value paradigm versus our competition. We evaluate this balance and make changes to pricing as needed to remain competitive. Toro also strongly believes in reducing cost through our processes and utilize Six Sigma Continuous Improvement Tools such as Kaizens, Lean Manufacturing, Process Mapping and D.M.A.I.C.(Define, Measure, Analyze, Implement, Control). Every year Toro establishes dollar values goals to Continuous Improvement and tracks and reports our progress against these goals. These procedures allow us to control costs which means controlling price increases to our customers. In the end, our customers make the “Best Value” judgement and buy those products they consider “Best Value” . If we determine we are no longer “Best Value” at current pricing we will request changes to pricing. 6. Provide details of and propose additional discounts for volume orders, special manufacturer’s offers, minimum order quantity, free goods program, total annual spend, etc. As an added incentive for volume purchases (single purchase order), Toro distributors may provide the following Smart Value Program. This program provides the customer with a level of dollars available to be used to purchase additional whole goods, accessories, attachments, parts or extended warrantee based on the volume of purchase according to the following scale. Purchases at Retail Available Dollars $150,000 - $199,999 $4,500 $200,000 - $249,999 $6,000 $250,000 - $299,999 $10,000 $300,000 - $349,999 $12,000 $350,000 - $399,999 $14,000 $400,000 - $449,999 $16,000 $450,000 - $499,999 $18,000 $500,000 - $549,999 $20,000 $550,000 - $599,999 $22,000 $600,000 - $649,999 $24,000 $650,000 - $699,999 $26,000 $700,000 - $749,999 $28,000 $750,000 - $799,999 $30,000 $800,000 - $849,999 $32,000 $850,000 - $899,999 $34,000 $900,000 + $36,000 Page 311 of 940 THE TORO COMPANY City of Mesa 5 City of Mesa RFP for: Grounds Maintenance, Equipment, Parts, Accessories, Supplies, Related Services and Equipment Solicitation # 2017025 7. Provide information on any ordering methods – such as electronic ordering or payment via pCard or EFT – or other criteria which entitle the using agency to additional discounts off of a manufacturer’s price list. If so, please provide the percentage discount. Orders can be faxed, mailed or emailed. pCards and EFT can be accepted. All pricing is at users net. 8. Provide your payment terms. These payment terms shall apply to all purchases and to all payment methods. Payment terms are 0% 30 days for cash/check payments and EFT payments only. Page 312 of 940 ITEM #EQUIPMENT DESCRIPTION UNIT PRICE Bunker Rake, as per specifications Toro Sand Pro 5040, model 08705 $ 17,423.58 MANUFACTURER AND MODEL NUMBER Heavy Duty Utility Vehicle, as per specifications Toro Workman HDX Auto, model 07390 $ 22,481.84 MANUFACTURER AND MODEL NUMBER Surrounds Mower, as per specifications Toro RM3100-D, model 03170 & 03189 reels $ 29,530.85 MANUFACTURER AND MODEL NUMBER Triplex Greens Mower, as per specifications Toro GR3150-Q, model 04358 and 04654 reels $ 29,773.88 MANUFACTURER AND MODEL NUMBER Wide Area Rotary Mower, as per specifications Toro GM4100-D Tier4, model 30608 $ 62,262.63 MANUFACTURER AND MODEL NUMBER Fairway Mower, as per specifications Toro RM5510-D Tier 4, model 03607 & 03641 reels $ 58,619.52 MANUFACTURER AND MODEL NUMBER EQUIPMENT TOTAL FOR ITEMS 1-6 $ 220,092.30 ITEM #PARTS DESCRIPTION UNIT PRICE 7 Air Filter for Bunker Rank (see item 1) Toro, part# 108-3808 $ 15.98 Attachment A 3 4 5 6 SAMPLE PARTS PRICING This Section of the Price Page lists Sample Parts for the equipment listed above (Items 1 thru 6) that will likely be purchased under the contract. This list is not all-inclusive. Offerors shall use the discounts provided in their Price Proposal to determine the price for the items below. 2 REVISED PRICING AND COMPENSATION Pursuant to all the contract specifications enumerated and described in this Solicitation, Respondent agrees to furnish GROUNDS MAINTENANCE EQUIPMENT, PARTS, ACCESSORIES, SUPPLIES, RELATED SERVICES AND RELATED EQUIPMENT to the City of Mesa at the price(s) stated below. SAMPLE EQUIPMENT PRICING This Section of the Price Page lists Sample Equipment (Attachment C) that will likely be purchased under the contract. This list is not all-inclusive. Offerors shall use the discounts provided in their Price Proposal to determine the price for the items below. 1 Page 313 of 940 MANUFACTURER AND PART NUMBER 8 Rake plate for Bunker Rank (see item 1) Toro, part# 84-2280-03 $ 13.35 MANUFACTURER AND PART NUMBER 9 Hydraulic Filter for Utility Vehicle (see item 2) Toro, part# 54-0110 $ 9.98 MANUFACTURER AND PART NUMBER 10 Oil Filter for Utility Vehicle (see item 2) Toro, part# 108-3847 $ 5.29 MANUFACTURER AND PART NUMBER 11 Bedknife for Surrounds Mower (see item 3) Toro, part# 112-8910 $ 99.99 MANUFACTURER AND PART NUMBER 12 Roller for Surrounds Mower (see item 3) Toro, part# 112-8915 $ 291.12 MANUFACTURER AND PART NUMBER 13 Bed Knife for Triplex Greens Mower (see item 4) Toro, part# 63-8600 $ 32.95 MANUFACTURER AND PART NUMBER 14 Hydraulic Filter for Triplex Greens Mower (see item 4) Toro, part# 107-9531 $ 8.49 MANUFACTURER AND PART NUMBER 15 Rotary Blade for Wide Area Rotary Mower (see item 5) Toro, part# 106-7166-03 $ 18.50 MANUFACTURER AND PART NUMBER 16 Fuel Filter for Wide Area Rotary Mower (see item 5) Toro, part# 110-9049 $ 15.33 MANUFACTURER AND PART NUMBER 17 Fan Belt for Fairway Mower (see item 6) Toro, part# 127-2998 $ 16.30 MANUFACTURER AND PART NUMBER 18 Water Pump for Fairway Mower (see item 6) Toro, part# 127-3071 $ 562.35 MANUFACTURER AND PART NUMBER PARTS TOTAL FOR ITEMS 7-18 $ 1,089.63 LIST CATEGORY DISCOUNT OFF A SPORTS FIELDS AND GROUNDS EQUIPMENT DISCOUNT OFF LIST PRICE For each of the product categories, provide a listing of product lines and the proposed discount off list price. Offeror’s may insert additional lines as needed. Page 314 of 940 Commercial Division Products (large mowers, aerators, sprayers, infield groomers, utility vehicles, cultivation and 21.80% B GOLF COURSE MAINTENANCE EQUIPMENT Commercial Division Products (large mowers, aerators, sprayers, infield groomers, utility vehicles, cultivation and debris equipment 21.80% C RELATED EQUIPMENT PARTS Commercal Division Performance Parts (City of Mesa only) Pricing is reflected in parts market basket prices.up to 50% off list D USED EQUIPMENT Our distributors typically have off lease and trade in equipment available for sale Depends on age, hours and conditioin E BALANCE OF LINE Golf Irrigation wholegoods, accessories and attachments 40% off Residential Commercial (ResCom)Irrigation wholegoods, attachments and accessories 40% off Irritrol Irrigation wholegoods, attachments and accessories 40% off Rainmaster Irrigation wholegoods, attachments and accessories 17 - 30 % off Sentinel Irrigation wholegoods 30% off Residential Landscape Contractor Equipment wholegoods, attachments and accessories 27% off Site Works Systems Equipment wholegoods, attachments and accessories 17% off BOSS equipment, attachments and accessories 25% off Allied products provided by third party not to exceed list price DELIVERY: See Mesa Standard Terms and Conditions. Vendor Name ________________________________Toro Date: _12/9/2016 RFP # 201702511/7/2016 Page 315 of 940 Page 316 of 940 Page 317 of 940 Call your Toro distributor at 800-803-8676©2016 The Toro Company. All rights reserved. Rev. 2/16 FEA TURES Groundsmaster ® 4100-D/4110-D WIDE AREA ROTARY MOWERS Groundsmaster® 4100-D Groundsmaster® 4110-D • 55 hp (41 kW) Yanmar® engine, Tier 4 Final Compliant, turbo-diesel engine • Smart Power™ - optimized mowing in all conditions • Foldable ROPS • 10.5’ (3.2 m) width of cut • Full-time 4WD forward and reverse • All-time traction assist (optional) • 0” uncut circle in turns • SmartCoolTM auto-reversing cooling fan • HybridDriveTM cutting deck system delivers unmatched reliability • 4-way adjustable seat and Air Ride Suspension • InfoCenterTM displays simple operating info while monitoring machine health • Integrated ControlHubTM with fingertip electronic controls • Top and rear air intake for increased cooling • Climate-controlled safety cab with air conditioning and heater (4110-D) • Isolated operator platform for greater comfort and smoother ride Operator-friendly and smart by design. At a 10.5’ width of cut, the all out-front deck design on the Groundsmaster 4100-D and 4110-D lets you easily see what you are cutting. The new Smart PowerTM technology coupled with the HybridDriveTM cutting deck system delivers optimal power to the cutting blades – efficiently cutting grass even in the toughest conditions. The SmartCoolTM auto-reversing fan system automatically blows chaff off the radiator intake screen making operation more productive. With their excellent trimming capability, and an ability to mow a 0” uncut circle, you’ll maneuver around obstacles with ease. The patented, parallel hydraulic drive system assures full-time 4-wheel drive, allowing you to mow with confidence, even on hills and wet grass. toro.com/4000 Page 318 of 940 22015 Toro Commercial Equipment Guide 15-003-T Rev. 2/15 Groundsmaster® 4100-D/4110-D Specifications* GROUNDSMASTER 4100-D, MODEL 30608 GROUNDSMASTER 4110-D, MODEL 30644, MODEL 30606 ENGINE Yanmar® 4-cylinder, liquid-cooled, turbo-charged diesel. 127 cu. in. (2.1 liter) displacement. Engine rated at 55 hp (41 kW) net and 125 ft.-lbs. (169 Nm) torque at 2,000 rpm. 8 quart (7.6 liter) oil capacity. EPA Tier IV Final Compliant. AIR CLEANER Dry, replaceable primary and safety elements. RADIATOR Rear-mount, cross-flow, 7-row, 5 fins per inch, 9 quart (8.5 liter) capacity. FUEL CAPACITY 21 gallons (79.5 liters) diesel fuel. Biodiesel-Ready for use up to B-20(20% biodiesel and 80% petroleum blend) TRACTION DRIVE Parallel hydrostatic, closed loop system with full-time 4WD. Forward/reverse in low (mow) and high (transport) range with full-time, automatic traction assist (forward only) optional on Groundsmaster 4100-D models. Variable displacement piston pump with electronic servo control powers dual speed displacement piston motor drive into double reduction planetary in front, and mechanical axle in rear. SmartPowerTM feature controls traction speed to maintain optimal cutting blade speed. HYDRAULICS/COOLING 8.75 gallon (33.1 liter) capacity with 10 micron remote spin-on filter. 9 row, single pass cooler, 6.3 fins per inch, that tilts out for cleaning. Variable speed radiator cooling fan with automatic (based on coolant and oil temps) and manual reversing capabilities. DIAGNOSTICS Diagnostic pressure test ports: forward and reverse traction, left, center and right decks, reverse 4WD, lift, steering, charge and deck counterbalance circuits. GROUND SPEED Transport: 0-16.2 mph (0-26.1 km/h) forward, 0-8.1 mph (0-13 km/h) reverse. Mow: 0-8.3 mph (0-13.4 km/h) forward, 0-4 mph (0-6.4 km/h) reverse. TIRES Front: 26 x 12-12, 6-ply tubeless Multi-Trac. Rear: 20 x 10-10, 6-ply tubeless Multi-Trac. MAIN FRAME All welded formed-steel frame with integral tie-down anchors. BRAKES Mechanically actuated, internal wet disc brakes on input to each planetary drive. Individual foot-operated steering brake control of left and right wheel. Lock pedals together and latch to engage parking brake. SEAT 4-way adjustable, right armrest travels with seat and suspension. STEERING Power steering with dedicated power source. Steering wheel tilts to desired operator position. Uncut circle: 0" diameter. INTSTRUMENTATION InfoCenter™:Onboard LCD display shows gauges, alerts/faults, service reminders, electrical system diagnostics. Indicates fuel level, coolant temp, intake temperature, low oil pressure, alternator, engine hours, engine rpm, hydraulic oil temperature, voltage. CONTROLS Tilt steering, ignition switch, throttle switch, foot-operated traction pedal, lockable individual brake pedals, parking brake lock, mow/transport speed selector switch, 3-two position switches for individual deck lift/lower, counterbalance adjustment, tow valves, cup holder, toolbox, radio holder, fan switch and 12-volt power outlet. ELECTRICAL 12-volt, 690 cold cranking amps battery, 80 amp alternator. Overload protection with automotive type fuses. INTERLOCKS Prevents engine from starting unless traction pedal is in neutral and deck is disengaged. If operator leaves seat while moving or deck is engaged, traction and / or deck stops, info center alarms and gives message. Mowing only permitted in low range. Traction not allowed if parking brake engaged and pedal moved out of neutral, info center alarms and gives message. Deck transport latches. GROUND CLEARANCE 6.5" (16.5 cm) OVERALL DIMENSIONS Height Length Width Transport Width Wheelbase 85.3" (216.7 cm) w/ROPS up 144" (366 cm) 127" (323 cm) 71" (180 cm) 55.5" (140 cm) 93.3” (237 cm) w/ cab w/decks down w/decks down @ 2" (5 cm) HOC WEIGHT 4237 lbs. (1922 kg) w/ full fluids (GM4100-D). 4890 lbs. (2218 kg) w/ full fluids (GM4110-D). SAFETY CAB (4110) MODEL 30644: ROPS certified cab with heat, AC and the following standard features: climate system pressurized cab, heavy-duty pantograph front windshield wiper and washer, front windshield has 38” of visibility, interior mirror, fold away exterior side mirrors, molded front fenders, right and left doors and rear window have tinted (50%) glass, front and rear windows open, quick release window latches act as emergency exit, rubber sound isolator cab mounts and upholstered interior panels and headliner, textured neoprene floor mat, interior dome light. MODEL 30606: Factory installed, ROPS certified, climate controls (AC & heating), opening rear window, front wiper/washer, interior mirror, exterior side mirrors. SAFETY Complies with American National Standards Institute (ANSI B71.4-2012) and applicable ISO EN 5395 (CE) standards (machine directive 89/392, 91/368, 93/44, 84/538, 89/336) requirements; Optional lights. Meets ANSI/ASAE 5279.12 (Lighting and Marking of Agricultural Equipment on Highways). Foldable ROPS, ISO 21299 certified. WARRANTY Two-year limited warranty. Refer to operator’s manual for further details. ACCESSORIES Work light, Road lights consisting of dual taillights, dual headlights, slow moving vehicle sign, turn signal, flasher and lights; Sunshade Beacon CUTTING DECK WIDTH OF CUT Overall: 124" (315 cm), Center deck section: 54" (137.1 cm), Two 37" (93 cm) width of cut wings. 89" (226 cm) width of cut with one wing up. MOWING RATE Mows up to 10.3 acres/hr (4.2 hectares/hr) at 8.3 mph (13.4 km/hr). Assumes no overlap or stops. CONSTRUCTION Welded .100" (25 mm) high-strength steel with steel 7 and 10-gauge channel and plate reinforcements. DECK DRIVE Direct mounted hydraulic motor into spindle. Remaining spindle(s) driven by individual B section kevlar belt. Quick-release belt covers. HEIGHT-OF-CUT 1"-5" (25-127 mm) in .5" (13 mm) increments. SPINDLES 1.25" (3.17 cm) diameter spindle shafts, 9" (22.9 cm) diameter conical ductile iron housing, and 2 greaseable tapered roller bearings. BLADES 19" (48.3 cm) long, 2.5" (6.4 cm) wide, .25" (.64 cm) thick. CASTER WHEELS 8 x 3.50-4, 4-ply, smooth, pneumatic, sealed precision ball bearings. GROUND FOLLOWING 6" anti-scalp cups on each blade, adjustable skids, 3 anti-scalp rollers on front deck and 1 on each wing. WING PROTECTION Impact absorption device on each wing deck. MULCHING KIT Model 30419. SKIDS Reversible polymetric. The Groundsmaster 4100-D & 4110-D are manufactured in Tomah, WI ISO 9002 Certified Plant. * Specifications and design subject to change without notice. Products depicted in this literature are for demonstration purposes only. Actual products offered for sale may vary in use, design, required attachments and safety features. See distributor for details on all warranties. Page 319 of 940 32015 Toro Commercial Equipment Guide 15-003-T Rev. 2/15 Groundsmaster® 4100-D & 4110-D Attachment Specifications* The Groundsmaster 4100-D/4110-D is manufactured in Tomah, WI ISO 9002 Certified Plant. *Specifications and design subject to change without notice. ** Manufactured by M-B Companies Inc. *** Manufactured by Erskine Attachments. Note: The Toro Company does not manufacture or sell the snowthrower or rotary broom, nor does Toro guarantee these accessories in any manner whatsoever. ROTARY BROOM, MB MODEL SHL** TYPE Windrow type, front mounted hydraulic broom with dual motors. Electric/hydraulic angling, 30° left and right. BROOM SIZE 32" (81 cm) diameter x 60" (153 cm) wide. BRUSH Sectional brush with combination polypropylene/wire radial segments. WEIGHT 575 lbs. (261 kg) OPTIONS Dirt Deflector, Storage Stands. SNOWTHROWER ERSKINE MODEL 2000*** STAGE 2 WIDTH OF CUT 61" (155 cm) CUTTING HEIGHT 29" (74 cm) CUTTING EDGE 3/8" x 3" (9.5 mm x 7.6 cm) bolt-on SKID SHOES Adjustable AUGER DIAMETER 16" (41 cm) open flight FAN DIAMETER 20" (51 cm) 4-blade CHUTE ROTATION Hydraulic 270° SHEAR PROTECTION Pressure relief CASTING DISTANCE Up to 30' (9.14 m) APPROXIMATE SHIPPING WEIGHT 850 lbs. (386 kg) HOSES Included SUNSHADE UNIVERSAL MOUNT SUNSHADE White, Model 30349 UNIVERSAL MOUNT SUNSHADE Red, Model 30552 Page 320 of 940 Call your Toro distributor at 800-803-8676©2016 The Toro Company. All rights reserved. Rev. 5/16 Greensmaster 3150-Q: • Briggs & Stratton® 18 hp (13.4 kW) air-cooled, gasoline engine • Industry’s quietest engine-powered riding greensmower Greensmaster 3250-D: • Kubota® D902, 24.8 hp (18.5 kW) 3-cylinder, liquid-cooled, diesel engine • Ample power for any greens or off-greens application; extremely versatile FEA TURES Greensmaster ® 3150-Q/3250-D RIDING GREENSMOWERS toro.com Legendary performance and reliability. The Greensmaster 3150-Q and 3250-D are distinguished for their field-proven performance and exceptional quality of cut. Equipped with patented DPA cutting units for a superior cut and minimal maintenance, convenient controls for easy operation, and ample power to handle any application–it’s no wonder these classic models have been trusted over the years to deliver the performance golf courses demand with a putting surface that exceeds expectations. Greensmaster® 3150-Q Greensmaster® 3250-D Page 321 of 940 2Rev. 5/16 The Greensmaster 3150-Q is manufactured in Tomah, WI ISO 9002 Certified Plant. Greensmaster® 3150-Q Specifications* GREENSMASTER 3150-Q, MODEL 04358 ENGINE 18 hp (13.4 kW) @3600 rpm, Briggs & Stratton® gasoline engine, governed to 2850 rpm high idle, 1650 rpm low idle. Air-cooled. FUEL CAPACITY 7 gallon (26.5 liter) capacity; unleaded gasoline. TRACTION DRIVE Hydraulic piston pump, closed loop system. 2WD Parallel Hydrostatic or 3WD Series Parallel piston pump closed loop system. Foot pedal forward and reverse; infinitely variable. GROUND SPEED Forward-mowing speed is variable from 2-5 mph (3.2-8 km/h), adjusted by stop on pedal mechanism. Mow speed setting does not affect transport speed. Maximum Greensmaster 3150-Q transport speed is 8.8 mph (14.4 km/h), may be reduced by adjusting stop in footrest pan without affecting mow speeds. Reverse is 2.5 mph (4.0 km/h) maximum. TURF COMPACTION 8-10 psi (dependent on tire pressure) with operator and cutting units down. IMPLEMENT DRIVE Single gear pump, mono valve block, series reel drive to 3 motors. STEERING Power steering. Adjustable steering wheel tilt and a 5-position steering arm tilt. CONTROLS/GAUGES Raise/lower-mow lever (joystick). Functional control lever (neutral, mow, transport). Foot operated traction drive and brakes. Hour meter. Hand operated throttle and choke. Mechanical engine speed control. ELECTRICAL FEATURES 12-volt lead acid, group size U1, with 300 minimum cold cranking amps at 0° F and 34 minutes reserve capacity at 85° F/25 amps draw. 16 amp alternator. Ignition switch/key. Seat switch. Harness terminals and fuse slot available for optional lights installation. TIRES/WHEELS/PRESSURE Three tires: Three 18 x 10.5-8, 4-ply pneumatic tubeless demountable and interchangeable with smooth tread. 8-12 psi front; 8-15 psi rear. Optional Traction Tire (4-ply): P/N 119-3516. BRAKES Two 6" (15.2 cm) drum type. HYDRAULIC OIL 7.5 gallon (28.4 liter) tank with internal baffle. 1.0 gallon (3.8 liter) auxiliary tank. LEAK DETECTION Equipped with Turf Guardian™ leak detection system. SOUND LEVEL 82 dB(A) at operator’s ear under normal conditions. OVERALL DIMENSIONS Wheel Tread: 49.5" (149.9 cm), Wheel Base: 47" (119 cm), Length: 90" (229 cm), Width: 69.7" (177 cm) w/reels, Height: 74.5" (189 cm), Weight: 1,087 lbs. (493 kg). WIDTH OF CUT 59" (150 cm) REEL SPEED Approximately 1975 RPM at 2850 engine RPM. Adjustable. BACKLAPPING Standard equipment. CUTTING UNIT SUSPENSION Cutting units are completely free-floating, each attaching to the tractor by direct pull links and lifted by a centered lift arm. Baskets are supported by carrier frames that are ground following. Cutting unit floatation is unaffected by basket content. Grass baskets are all interchangeable and accessible from the front of the machine. ROPS Roll Over Protection System standard. CERTIFICATION Certified to meet ANSI specification B71.4-2012 and European CE standards with appropriate kits installed. WARRANTY Two-year limited warranty. Refer to the Operator’s Manual for further details. * Specifications and design subject to change without notice. Products depicted in this literature are for demonstration purposes only. Actual products offered for sale may vary in use, design, required attachments and safety features. Consult your local Toro Distributor. 8 BLADE DPA CUTTING UNITS, 04652 11-BLADE DPA CUTTING UNITS, 04654 14-BLADE CUTTING UNITS, 04656 TRACTOR These cutting units will mount on any Toro riding Greensmaster (excluding Greensmaster TriFlexTM 33xx/34xx series). HEIGHT OF CUT (HOC) RANGE Cutting height is adjusted on front roller by two vertical screws and held by two locking cap screws. Bench HOC range is .062"-.297" (1.6-7.5 mm). With high HOC kit, range is .297-1.0" (7.5-25.4 mm). Effective HOC may vary depending on turf conditions and bedknife installed. REEL WELDMENT Reels are 5" (13 cm) in diameter, 21" (53.3 cm) in length. High carbon steel blades are welded to 5 stamped steel spiders, and heat treated. The reel is ground for diameter and concentricity, and relief ground. REEL BEARINGS Two stainless steel ball bearings, 30 +/-.1 mm inside diameter slip fit onto reel shaft retained by internally splined threaded insert. Low drag seals/slingers for added protection with o-ring sealed motor and counterweight. Reel position maintained by a wave washer with no adjusting nut. MAINTENANCE No grease zerks, sealed bearing design eliminates daily maintenance. REEL DRIVE The reel weldment shaft is a 1.375" (35 mm) diameter tube with internally splined threaded insert. FRAME Precision machined, die-cast aluminum cross member with two bolt-on die-cast aluminum side plates. AGGRESSIVENESS Aggressiveness stays constant throughout the life of the reel. Patented design. BEDKNIFE Replaceable single edged EdgeMaxTM Microcut Bedknife is standard. BEDKNIFE ADJUSTMENT Dual screw, indexed “click” adjustment to the reel; detents corresponding to .0007" (.018 mm) bedknife movement for each position. FRONT & REAR ROLLERS Front: Not included with cutting unit, purchased separately. Option between full, narrow-spaced and wide-spaced Wiehle roller. Rear: Steel full, 2" (5.1 cm) diameter with sealed bearings and through-shaft. GRASS SHIELD Non-adjustable shield with adjustable cut-off bar to improve grass discharge from reel in wet conditions. TOTAL WEIGHT 8-blade: 72 lbs. (32.7 kg) with aluminum Wiehle Roller. 11-blade: 75 lbs. (34 kg) with aluminum Narrow Wiehle Roller. 14-blade: 78 lbs. (35 kg) with aluminum Wiehle Roller. Page 322 of 940 3Rev. 5/16 The Greensmaster 3150-Q is manufactured in Tomah, WI ISO 9002 Certified Plant. * Specifications and design subject to change without notice. Products depicted in this literature are for demonstration purposes only. Actual products offered for sale may vary in use, design, required attachments and safety features. Consult your local Toro Distributor. Greensmaster® 3150-Q Accessories* TRACTION UNIT ACCESSORIES 04476 3-Wheel Drive Kit 04479 Thatching Reel (Set of 1) 04494 Greens Spiker Kit 04495 Greens Tri-Roller Kit 30707 Armrest Kit 119-3516 Traction Tires 04554 Light Kit 130-6536 Hydraulic Oil Cooler Kit 108-6472 Traction Speed Control Kit 104-6540 Spark Arrestor Screen 115-4510 Bimini Folding Shade 100-6442 2WD Weight Kit 99-1645 3WD Weight Kit 115-4754 Wireless Hour Meter ROLLER OPTIONS 04626 Front Narrow Wiehle Roller (set of 3) 04627 Front Wide Wiehle Roller (set of 3) 04625 Front Full Roller (set of 3) 04628 Solid Steel Roller Kit (front Wiehle & rear steel rollers) 04629 Anti-Bobbing Roller 71-1550 Cast Iron Rear Wiehle Roller 107-3514 Steel Wide Wiehle Roller 121-4675 Extended Wiehle Roller 04258 Extended Narrow Wiehle Roller 04267 Narrow Wiehle Roller (for paspalum) 107-3510 Steel Narrow Wiehle Roller 120-9595 Steel Rear Roller (standard) 125-5180 DPA Rear Roller Extension Kit 120-9600 High Height of Cut Kit 04249 Split Full Front Roller 04250 Split Narrow Wiehle Roller THATCHING REEL ACCESSORIES 117-6824 Thin dynaBLADE, (1.2mm Thickness)(Individual) 119-1128 Regular dynaBlade, (2mm Thickness)(Individual) 117-6839 Replacement Kit, 1.2mm dynaBlade (36 Blades) 117-6840 Replacement Kit, 2mm dynaBlade (36 Blades) 121-6675 Spring Steel Kit 121-6674 Blade, Spring Steel 121-9525 Thatching Reel Quick Change Kit GROOMER OPTIONS 04709 Groomer Drive (LH) (Set of 1) 04712 Groomer Reel, Spring Steel (Set of 1) 04274 Grooming Brush – Soft 04275 Grooming Brush – Stiff 106-2643 Groomer Pull Link Kit 04744 Grooming Reel - Thin Blade (Set of 1) SCRAPER OPTIONS 125-5303 Front Narrow Wiehle Roller Scraper 125-5304 Front Wide Wiehle Roller Scraper 125-5305 Front Full Roller Scraper 115-7377 Front Narrow Wiehle Roller Scraper Brush 115-7378 Front Wide Wiehle Roller Scraper Brush 115-7379 Front Full Roller Scraper Brush 115-7380 Front Narrow Wiehle Roller Scraper Comb 115-7381 Front Wide Wiehle Roller Scraper Comb 115-7382 Front Full Roller Scraper Comb 115-7383 Rear Roller Scraper 121-2260 Adjustable Rear Roller Scraper 04646 Spring Loaded Rear Roller Scraper (Set of 3) 107-9561 Anti-Bobbing Roller Scraper Kit 04726 Rotating Rear Roller Brush (LH) (Set of 1) BEDKNIFE & BEDBAR OPTIONS 93-4262 Microcut Bedknife 93-4263 Tournament Bedknife 93-4264 Low Cut Bedknife 94-6392 High Cut Bedknife 63-8600 Fairway Bedknife 108-4303 Extended Microcut Bedknife 108-4302 Extended Tournament Bedknife 115-1880 EdgeMaxTM Microcut Bedknife (Standard) 115-1881 EdgeMaxTM Tournament Bedknife 112-7475 EdgeMaxTM Fairway Bedknife 106-2648-01 Bedbar (Standard) 99-3794-03 Aggressive Bedbar CUTTING UNIT & REEL OPTIONS 04652 8-Blade Cutting Unit 04654 11-Blade Cutting Unit 04656 14-Blade Cutting Unit 119-4103 8-Blade Reel (Individual) 121-6651 8-Blade Reel, Heavy-Duty (Individual) 119-4104 11-Blade Reel (Individual) 127-2202 14-Blade Reel (Individual) GREENSMASTER 3150-Q ACCESSORIES BIO-HYDRAULIC FLUID / HYDRAULIC FLUID / OIL 119-2157 Bio-Hydraulic Fluid, 5 gal. (18.9 L) 119-2158 Bio-Hydraulic Fluid, 55 gal. (208.2 L) 108-1178 Premium Hydraulic Fluid, 5 gal. (18.9 L) 108-1177 Premium Hydraulic Fluid, 55 gal. (208.2 L) 108-1197 Premium Engine Oil SAE 30, 5 gal. (18.9 L) 108-1196 Premium Engine Oil SAE 30, 55 gal. (208.2 L) TOOLS 04399 Turf Evaluator 125-5610 Paper – Reel 125-5611 Shim – Reel 94-9010 Height of Cut Bar Assembly Page 323 of 940 4Rev. 5/16 The Greensmaster 3250-D is manufactured in Tomah, WI ISO 9002 Certified Plant. Greensmaster® 3250-D Specifications* * Specifications and design subject to change without notice. Products depicted in this literature are for demonstration purposes only. Actual products offered for sale may vary in use, design, required attachments and safety features. Consult your local Toro Distributor. GREENSMASTER 3250-D, MODEL 04384 ENGINE Kubota® 902 tier 4i, 3-cylinder liquid-cooled diesel engine. 55.0 cu. in. (902 cc). Full pressure lubrication, oil filter. 24.8 hp (18.5 kW) @ 3600 rpm. Engine governed to 2760 rpm high idle, 1500 rpm low idle (no load). FUEL CAPACITY 6 gallons (22.7 liters). Biodiesel-Ready for use up to B-20 (20% biodiesel and 80% petroleum blend). TRACTION DRIVE Hydraulic piston pump, closed loop system. 2WD Parallel Hydrostatic or 3WD Series Parallel piston pump closed loop system. Foot pedal forward and reverse; infinitely variable. GROUND SPEED Forward-mowing speed is variable from 2-5 mph (3.2-8 km/h), adjusted by stop on pedal mechanism. Mow speed setting does not affect transport speed. Maximum Greensmaster 3250-D transport speed is 8.8 mph (14.4 km/h), may be reduced by adjusting stop in footrest pan without affecting mow speeds. Reverse is 2.5 mph (4.0 km/h) maximum. TURF COMPACTION 10 psi (.68 bar) average at recommended minimum tire pressures, with a 200 lb. operator, and cutting units down. STEERING Power steering. No-tool quick adjust steering arm position, with arm motion allowing a wide range of operator sizes. Steering cylinder has through shaft design for accurate straight line steering. CONTROLS/GAUGES Raise/lower-mow lever. Functional control lever (neutral, mow, transport). Foot operated traction drive and brakes. Hour meter and 4 bulb warning cluster. Hand operated choke, throttle. Mechanical engine speed control. ELECTRICAL FEATURES Maintenance-free 12-volt battery with 530 minimum cold cranking amps at 0° F (-17.7° C) and 95 minutes minimum reserve capacity at 85° F (29.4° C) 40 amp alternator, circuit fused at 40 amps. Ignition switch/key. Seat switch. High temperature engine kill override switch. Harness terminals, fuse slot, and console switch location available for optional lights installation. SOUND LEVEL 84 dBA at operator ear under normal conditions. OVERALL DIMENSIONS Width of Cut: 59.0" (150 cm) Overall Height: 77.5" (197 cm) Wheel Tread: 50.5" (128 cm) Net Weight (no fuel, no operator): 1,216 lbs. (552 kg) Wheel Base: 48.6" (123 cm) Reel Speed: Approx.1950 rpm @ 2760 rpm (Adjustable) Overall Length (w/baskets): 93.9" (238 cm) Overall Width: 68.0" (173 cm) TIRES Three 19 x 10.5-8, 2 ply pneumatic tubeless demountable and interchangeable. Smooth tread (approx. 1290 rev/mile). 8-12 psi front; 8-15 psi rear. LEAK DETECTION Turf Guardian™ optional. BACKLAPPING Standard equipment. BRAKES 6" (15.2 cm) drum type mechanical with rack and pawl lock for parking. SEAT Contour seat with high backrest. 7" (17.8 cm) fore/aft slider adjustment with two mounting positions, allowing 9" (22.8 cm) total seat travel. Operator manual tube mounted on the seat back for easy access. ROPS Roll over protection system standard. CERTIFICATION Certified to meet ANSI specification B71.4-2012 and European CE standards with appropriate kits installed. WARRANTY Two-year limited warranty. Refer to the Operator’s Manual for further details. 8 BLADE DPA CUTTING UNITS, 04652 11-BLADE DPA CUTTING UNITS, 04654 14-BLADE CUTTING UNITS, 04656 TRACTOR These cutting units will mount on any Toro riding Greensmaster (excluding Greensmaster TriFlex 33xx/34xx series). HEIGHT OF CUT (HOC) RANGE Cutting height is adjusted on front roller by two vertical screws and held by two locking cap screws. Bench HOC range is .062"-.297" (1.6-7.5 mm). With high HOC kit, range is .297-1.0" (7.5-25.4 mm). Effective HOC may vary depending on turf conditions and bedknife installed. REEL WELDMENT Reels are 5" (13 cm) in diameter, 21" (53.3 cm) in length. High carbon steel blades are welded to 5 stamped steel spiders, and heat treated to RC 48-54 hardness. The reel is ground for diameter and concentricity, and backgrind. REEL BEARINGS Two stainless steel ball bearings, 30 mm inside diameter slip fit onto reel shaft retained by internally splined threaded insert. Low drag seals/slingers for added protection with o-ring sealed motor and counterweight. Reel position maintained by a wave washer with no adjusting nut. MAINTENANCE No grease zerks, sealed bearing design eliminates daily maintenance. REEL DRIVE The reel weldment shaft is a 1.375" (35 mm) diameter tube with internally splined threaded insert. FRAME Precision machined, die-cast aluminum cross member with two bolt-on die-cast aluminum side plates. AGGRESSIVENESS Aggressiveness stays constant throughout the life of the reel. Patented design. BEDKNIFE Replaceable single edged EdgeMaxTM Microcut Bedknife is standard. BEDKNIFE ADJUSTMENT Dual screw, indexed “click” adjustment to the reel; detents corresponding positively to .0007" (.018 mm) bedknife movement for each position. FRONT & REAR ROLLERS Front: Not included with cutting unit, purchased separately. Option between full, narrow-spaced and wide-spaced roller. Rear: Steel full, 2" (5.1 cm) diameter with sealed bearings and through-shaft. GRASS SHIELD Non-adjustable shield with adjustable cut-off bar to improve grass discharge from reel in wet conditions. TOTAL WEIGHT 8-blade: 72 lbs. (32.7 kg) with aluminum Wiehle Roller. 11-blade: 75 lbs. (34 kg) with aluminum Narrow Wiehle Roller. 14-blade: 78 lbs. (35 kg) with aluminum Wiehle Roller. Page 324 of 940 5Rev. 5/16 * Specifications and design subject to change without notice. Products depicted in this literature are for demonstration purposes only. Actual products offered for sale may vary in use, design, required attachments and safety features. Consult your local Toro Distributor. The Greensmaster 3250-D is manufactured in Tomah, WI ISO 9002 Certified Plant. Greensmaster® 3250-D Accessories* GREENSMASTER 3250-D ACCESSORIES TRACTION UNIT ACCESSORIES 04477 3-Wheel Drive Kit 04479 Thatching Reel (Set of 1) 04494 Greens Spiker Kit 04495 Greens Tri-Roller Kit 30707 Armrest Kit 99-4506 Traction Tires 104-7701 Hydraulic Oil Cooler Kit 04554 Light Kit 120-1951 Spark Arrestor 04497 Leak Detector 112-0279 Front Wheel Weight Kit 100-6442 2WD Weight Kit 99-1645 3WD Weight Kit 100-6430 Hose Adapter Kit 105-9766 Radiator Screen Kit 104-9400 Ground Follow Kit 115-4510 Bimini Folding Shade 115-4754 Wireless Hour Meter ROLLER OPTIONS 04626 Front Narrow Wiehle Roller (set of 3) 04627 Front Wide Wiehle Roller (set of 3) 04625 Front Full Roller (set of 3) 04628 Solid Steel Roller Kit (front Wiehle & rear steel rollers) 04629 Anti-Bobbing Roller 71-1550 Cast Iron Rear Wiehle Roller 107-3514 Steel Wide Wiehle Roller 121-4675 Extended Wiehle Roller 04258 Extended Narrow Wiehle Roller 04267 Narrow Wiehle Roller (for paspalum) 107-3510 Steel Narrow Wiehle Roller 120-9595 Steel Rear Roller (standard) 125-5180 DPA Rear Roller Extension Kit 120-9600 High Height of Cut Kit 04249 Split Full Front Roller 04250 Split Narrow Wiehle Roller THATCHING REEL ACCESSORIES 117-6824 Thin dynaBLADE, (1.2mm Thickness)(Individual) 119-1128 Regular dynaBlade, (2mm Thickness)(Individual) 117-6839 Replacement Kit, 1.2mm dynaBlade (36 Blades) 117-6840 Replacement Kit, 2mm dynaBlade (36 Blades) 121-6675 Spring Steel Kit 121-6674 Blade, Spring Steel 121-9525 Thatching Reel Quick Change Kit GROOMER OPTIONS 04709 Groomer Drive (LH) (Set of 1) 04710 Groomer Drive (RH) (Set of 1) 04712 Groomer Reel, Spring Steel (Set of 1) 04713 Groomer Brush (Set of 1) 04274 Grooming Brush – Soft 04275 Grooming Brush – Stiff 112-9248 Groomer Pull Link Kit 04744 Grooming Reel - Thin Blade (Set of 1) SCRAPER OPTIONS 125-5303 Front Narrow Wiehle Roller Scraper 125-5304 Front Wide Wiehle Roller Scraper 125-5305 Front Full Roller Scraper 115-7377 Front Narrow Wiehle Roller Scraper Brush 115-7378 Front Wide Wiehle Roller Scraper Brush 115-7379 Front Full Roller Scraper Brush 115-7380 Front Narrow Wiehle Roller Scraper Comb 115-7381 Front Wide Wiehle Roller Scraper Comb 115-7382 Front Full Roller Scraper Comb 115-7383 Rear Roller Scraper 121-2260 Adjustable Rear Roller Scraper 04646 Spring Loaded Rear Roller Scraper (Set of 3) 107-9561 Anti-Bobbing Roller Scraper Kit 04726 Rotating Rear Roller Brush (LH) (Set of 1) 04724 Rotating Rear Roller Brush (RH) (Set of 1) BEDKNIFE & BEDBAR OPTIONS 93-4262 Microcut Bedknife 93-4263 Tournament Bedknife 93-4264 Low Cut Bedknife 94-6392 High Cut Bedknife 63-8600 Fairway Bedknife 108-4303 Extended Microcut Bedknife 108-4302 Extended Tournament Bedknife 115-1880 EdgeMaxTM Microcut Bedknife (Standard) 115-1881 EdgeMaxTM Tournament Bedknife 112-7475 EdgeMaxTM Fairway Bedknife 106-2648-01 Bedbar (Standard) 99-3794-03 Aggressive Bedbar CUTTING UNIT & REEL OPTIONS 04652 8-Blade Cutting Unit 04654 11-Blade Cutting Unit 04656 14-Blade Cutting Unit 119-4103 8-Blade Reel (Individual) 121-6651 8-Blade Reel, Heavy-Duty (Individual) 119-4104 11-Blade Reel (Individual) 127-2202 14-Blade Reel (Individual) BIO-HYDRAULIC FLUID / HYDRAULIC FLUID / OIL 119-2157 Bio-Hydraulic Fluid, 5 gal. (18.9 L) 119-2158 Bio-Hydraulic Fluid, 55 gal. (208.2 L) 108-1178 Premium Hydraulic Fluid, 5 gal. (18.9 L) 108-1177 Premium Hydraulic Fluid, 55 gal. (208.2 L) 121-6393 Premium Engine Oil SAE 10W30, 5 gal. (18.9 L) 121-6392 Premium Engine Oil SAE 10W30, 55 gal. (208.2 L) TOOLS 04399 Turf Evaluator 125-5610 Paper – Reel 125-5611 Shim – Reel 94-9010 Height of Cut Bar Assembly Page 325 of 940 A must for any course. Call your Toro distributor at 800-803-8676©2016 The Toro Company. All rights reserved. Rev. 11/16 • Kubota® 21.5 hp (16 kW) diesel engine • Exclusive Sidewinder® cutting system • 72” (183 cm) or 85” (216 cm) width of cut • Series/Parallel™ 3WD FEATURES Reelmaster ® 3100-D SMALL AREA REEL MOWER When you need a reel trim mower whose cutting quality and versatility is second to none, the Toro® Reelmaster® 3100-D is the clear choice. It’s the only reel mower with Sidewinder® technology that slides the cutting units side-to-side, on the fly, to reach turf that other mowers can’t. It’s perfect for mowing around greens and bunkers where precision control is a must. Add the legendary Toro cutting units and triplex configuration, and the 3100-D is the best reel trim mower on the market.toro.com/reelmaster Page 326 of 940 2Rev. 2/15 Reelmaster® 3100-D Specifications* REELMASTER 3100-D, MODEL 03170 REELMASTER 3100-D, MODEL 03171 w/SIDEWINDER ENGINE Kubota® liquid-cooled diesel, 3-cylinder, 21.5 hp (16 kW) net @ 2500 RPM. HIgh idle: 2,600 rpm, Low idle: 1,400 rpm (+/- 50 rpm). 68.5 cu. in. (1123 cm3) displacement. Pressurized lubrication system with 3.5 U.S. qt. (3.3 liter) capacity. Heavy-duty, radial seal air cleaner. Fuel/water separator with visible bowl. CONFIGURATION Rear mounted engine, front operator position. Rear mounted radiator. Two post ROPS and seat belt standard. FUEL CAPACITY 7.5 gallons (28 liters). Biodiesel-Ready for use up to B-20 (20% biodiesel and 80% petroleum blend). TRACTION DRIVE Series/Parallel hydraulic traction circuit provides continuous 3-wheel drive, in mow and transport. Hydrostatic traction drive provides infinitely variable speed in forward and reverse. 6 gallon (23 liter) hydraulic system capacity. GROUND SPEED Mow: 0-6 mph (0-10 km/h); Transport: 0-9 mph (0-14 km/h). Reverse: 0-4 mph. (0-6 km/h). CONTROLS Forward and reverse traction control pedals, mow/transport lever, hand activated park brake, ignition key switch, tilt steering wheel lock, PTO switch, throttle, joystick control for cutting unit raise and lower (and for moving cutting units side-to-side on Sidewinder equipped models), cutting unit transport lock, reel speed and backlap control knob. GAUGES Hour meter, fuel gauge, cluster gauge with glow plug and charge indicator lights, and low engine oil pressure and high coolant temperature warning lights (high temperature safety shut off). ELECTRICAL & INTERLOCKS 12-volt, 585 cold cranking amps at 0° F (-18° C), 40 amps with regulator/rectifier. Traction pedal, operator presence in seat, PTO engage or disengage, and cutting unit mow or transport safety interlock switches. TIRES Front: 20 x 12-10, 4-ply Turf Tread. Rear: 20 x 10-10, 4-ply Turf Tread FRAME Formed steel, welded steel and steel tubing. BRAKES Hydrostatic service brake, hand-operated parking brake. STEERING Power steering with tilt steering wheel. OVERALL DIMENSIONS Track Width: 55" (140 cm) Overall Height: 71" (180 cm) with ROPS Wheel Base: 56" (142 cm) Transport Width: 80" (203 cm) in 72" (183 cm) woc 92" (234 cm) in 85" (216 cm) woc Overall Length: 93" (248 cm) Approx. Weight with Cutting units: 1860 lbs. (844 kg) CUTTING UNIT CONFIGURATION Fixed position cutting units.Operator controlled moveable cutting units travel ±12" (30 cm) left or right from center; total of 24" (61 cm) of infinite variability. CUTTING UNIT OFFSET 3" (7.6 cm) in 72" (183 cm) width of cut 10" (25 cm) in 85" (216 cm) width of cut Maximum 15" (38 cm) in 72" (183 cm) width of cut. Maximum 22" (56 cm) in 85" (216 cm) width of cut. CERTIFICATION This product complies with the American National Standards Institute (ANSI B71-4 – 2012) and European Community specifications (CE Certified). EN ISO 5395. WARRANTY Two-year limited warranty, refer to operators manual for details. 27" CUTTING UNITS (03180, 03181, 03183) / 32" CUTTING UNITS (03182) TYPE Three hydraulically-driven, balanced, 7" (17.8 cm) diameter reels. Cutting units interchangeable to all three positions. REEL BLADE OPTIONS 5, 8, and 11-blade reels available for 27" (68.6 cm) cutting unit. 8-blade reels available for 32" (81.3 cm) cutting unit. HOC RANGE Height of cut ranges .25" to 2" (.63 - 5.1 cm) standard in floating position, 1.5" to 2.5" (3.8 - 6.4 cm) in fixed position. CUTTING WIDTH 72" (183 cm), or 85" (216 cm) width of cut dependent on cutting unit selection. CLIP FREQUENCY/ BACKLAPPING Manually controlled variable reel speed for adjustment of clip frequency. Standard on-board backlapping. BEDKNIFE-TO-REEL ADJUSTMENT Dual point adjustment (DPA) of bedknife to reel. ROLLERS Full roller standard on rear of cutting unit and plastic front Wiehle roller. The Reelmaster 3100-D is manufactured in Tomah, WI ISO 9002 Certified Plant. * Specifications and design subject to change without notice. Products depicted in this literature are for demonstration purposes only. Actual products offered for sale may vary in use, design, required attachments and safety features. See distributor for details on all warranties. Page 327 of 940 3 Rev. 11/16 TRACTION UNIT ACCESSORIES 30358 Bimini Canvas Sunshade 115-4754 myTurf® Wireless Hour Meter Assembly 03614 Golf Ball Guard 32" (81 CM) DPA CUTTING UNIT ACCESSORIES 03246 Rear Roller Brush Kit 03244 End Weight Kit 127-2104 5-Blade Service Reel 114-9369 Rear Roller Scraper Kit 114-9373-03 Wiehle Roller Scraper 114-9377 Comb/Scraper Kit 115-0849 High HOC Brush 114-9384 Full Front Roller 114-9387-03 Full Front Roller Scraper 119-0640 Shoulder Roller Asm 114-9382-03 Shoulder Roller Scraper 119-4288 Short Rear Roller Asm 119-0646-03 Fixed Plate (2 per cutting unit) 119-0649 Trim/HD Collar Kit (6 per roller) 119-0635 RM3100 Tipper Roller Kit 98-1852 Gauge Bar BEDKNIFE OPTIONS 114-9388 Standard (27") - Production 114-9389 Standard (32") - Production 112-8910 EdgeMax™ (27") 112-8956 EdgeMax™ (32") 114-9390 Heavy-Duty (27") 114-9391 Heavy-Duty (32") 120-1641 Extended Low-Cut (27") 120-1642 Extended Low-Cut (32") CUTTING UNIT OPTIONS 03188 27" (69 cm) 5-Blade DPA Cutting Unit 03189 27" (69 cm) 8-Blade DPA Cutting Unit 03190 27" (69 cm) 11-Blade DPA Cutting Unit 03203 27" (69 cm) Verticutter Cutting Unit 03191 32" (81 cm) 8-Blade DPA Cutting Unit 27" (69 CM) DPA CUTTING UNIT ACCESSORIES 03240 Universal Groomer 03241 27” (69 cm) Groomer Cartridge 03242 27” (69 cm) Universal RRB Kit 03243 Rear Roller Brush Kit 03244 End Weight Kit 132-7125 Broomer Kit 03185 Grass Basket Kit 114-9368 Rear Roller Scraper Kit 114-9372-03 Wiehle Roller Scraper 114-9376 Comb/Scraper Kit 119-0630 Shoulder Roller Asm 114-9381-03 Shoulder Roller Scraper 114-9383 Full Front Roller 114-9386-03 Full Front Roller Scraper 119-4286 Short Rear Roller Asm 115-0838 High HOC Brush 119-0646-03 Fixed Plate (2 per cutting unit) 119-0649 Trim/HD Collar Kit (6 per roller) 119-0635 RM3100 Tipper Roller Kit 98-1852 Gauge Bar Reelmaster® 3100-D Accessories* The Reelmaster 3100-D is manufactured in Tomah, WI ISO 9002 Certified Plant. * Specifications and design subject to change without notice. Products depicted in this literature are for demonstration purposes only. Actual products offered for sale may vary in use, design, required attachments and safety features. See distributor for details on all warranties. Page 328 of 940 Leading by reputation. Call your Toro distributor at 800-803-8676 ©2016 The Toro Company. All rights reserved. Rev. 11/16 • Powerful Tier 4 compliant engines – featuring Yanmar® 3-cylinder, liquid-cooled, diesel engines. • Proven Reliability & Performance – time tested platform delivers exceptional durability, high performance and versatility. • Enhanced climbing and hillside stability - CrossTrax™ all-wheel drive system is based on the Toro patented Series/Parallel™ design. If one of the front tires begins to slip, power is transferred to the opposite rear tire for optimum traction. • Precise Monitoring & Control – an onboard InfoCenter allows viewing and changing of settings. It also provides essential information about service intervals, diagnostics and faults. Toro’s Mow Speed Limiter is a simple mechanical design which produces consistent results regardless of the operator. • Unparalleled Operator Comfort – with a tilt steering wheel and easy-access steps for every size operator, to a deluxe suspension seat, and a well thought out design that moved the radiator to the rear of the engine compartment to move heat rejection and noise away from operator, these fairway mowers are designed for a comfortable, all-day operation. • Outstanding Quality of Cut - Dual Precision Adjustment (DPA) cutting units – featuring Toro’s all new EdgeSeries™ reels combine to deliver a consistent, high quality cut and superior after cut appearance, while reducing maintenance with improved reel edge retention. FEATURES Reelmaster ® 5410/5510/5610 FAIRWAY MOWERS Performance, productivity and quality are just words if a piece of equipment has not earned them through actual customer usage. After 10 years of satisfying customers, the Reelmaster 5410, 5510 and 5610 have earned a reputation for delivering exceptional performance, maximum productivity and high quality. And we haven’t stood still over the years. Toro spends a lot of time listening closely to our customers to better understand their evolving requirements. Based on customer input, Toro engineers continually work to refine and improve each fairway mower to meet those needs. Everything from operator comfort and efficiency, to tractor performance, to cutting unit after-cut-appearance improvements, and even ease of maintenance is reviewed in our relentless effort to maximize productivity and efficiency. toro.com/reelmaster Page 329 of 940 2Rev. 12/15 REELMASTER 5410 DIESEL, MODEL 03675 REELMASTER 5410-D TIER 4 DIESEL, MODEL 03606 ENGINE Kubota® 4-cylinder, liquid cooled, diesel engine. 35.5 hp (26.5 kW) @ 3000 rpm. Yanmar® 3-cylinder, liquid cooled, diesel engine. 36.8 hp (27.5 kW), 74.4 ft. lbs. (105 Nm) torque, 1.64 liter displacement. LUBRICATION Pressurized lubrication system with 5.0 quart (4.7 liter) capacity. FUEL FILTER Replaceable spin-on fuel filter/water separator. AIR CLEANER Heavy-duty three-stage, radial seal air cleaner with restriction indicator. COOLING Rear mounted radiator with industrial tube and fin construction, 6.5 fins per inch, 7.0 quart (6.6 liter) capacity. Plate and bar radiator/oil cooler combination, 6.3 fins per inch, 10 quart (9.5 liter) capacity. FUEL TANK CAPACITY 13.5 gallon (51.1 liter) capacity. Biodiesel-Ready for use up to B-20 (20% biodiesel and 80% petroleum blend).14 gallon (53 liter) capacity. HYDRAULIC OIL CAPACITY 9.0 gallon (34.1 liter) capacity.15 gallon (56.8 liter) capacity. TRACTION DRIVE Front drive wheels powered by a hydrostatic pump with individual wheel motors. All-wheel drive optional with CrossTrax® All-Wheel Drive system, which transfers power from the front wheels to the opposite rear wheels via independent rear wheel motors GROUND SPEED 0-10 mph (0-16 km/hr) forward transport; 0-8 mph (0-12.8 km/hr) mow; 0-4 mph (0-6.4 km/h) reverse. TIRES Front traction tires: 26.5 x 14-12 turf tires Rear steer tires: 20 x 12-10 MAIN FRAME High strength steel frame with welded construction. BRAKES Individual left and right drum-type front wheel brakes. Brakes may be actuated for service braking via left foot pedal. Integrated foot pedal lock provides parking brake. Dynamic braking through hydrostatic traction drive system. STEERING Rear wheel, power steering with an independent hydraulic pump and circuit. GAUGES InfoCenterTM onboard LCD display shows gauges, alerts/faults, service reminders, electrical system diagnostics, indicates fuel level, coolant temp., low oil pressure, alternator, engine hours, engine rpm, voltage, reel speed, backlap speed, glow indicator (diesel), lift/lower indicator. CONTROLS Single foot-operated traction pedal, foot actuated mow speed limiter, foot actuated service and parking brake. Hand-operated key ignition switch, throttle, cutting unit raise/lower joystick, cutting unit engage switch, and headlight switch all positioned on right hand pivoting control console. Single foot-operated traction pedal, foot actuated mow speed limiter, foot actuated service and parking brake. Hand-operated key ignition switch, throttle, isochronous engine speed control, cutting unit raise/lower joystick, cutting unit engage switch, and headlight switch all positioned on right hand pivoting control console. ELECTRICAL & INTERLOCKS Heavy-duty 12-volt battery, 570 CCA, 40 amp alternator. Electronic control unit is a microprocessor based, solid state control unit with diagnostic capabilities. Traction pedal, parking brake, operator presence in seat, and cutting unit engage/disengage safety interlock switches. Heavy-duty 12-volt battery, 570 CCA, 55 amp alternator. Electronic control unit is a microprocessor based, solid state control unit with diagnostic capabilities. Traction pedal, parking brake, operator presence in seat, and cutting unit engage/disengage safety interlock switches. REEL DRIVE Reel drive circuit is split independently for front and rear cutting units. Hydraulic functions controlled by an integrated hydraulic control block. Reel speeds are electronically adjustable in nine incremental settings. Standard on-board backlapping. CUTTING UNIT LIFT/LOWER Front and rear cutting unit lift/lower is sequenced for uniform starting and ending points. SEAT Deluxe high back suspension seat with fore, aft, height and weight adjustment. ROPS Standard with seat belt HEIGHT 63" (160 cm) seat top, 85" (217.2 cm) top of ROPS. LENGTH (2WD)111" (281.9 cm) WHEEL BASE 60" (152.4 cm) OPERATIONAL WIDTH 113.5" (288.3 cm) TRANSPORT WIDTH 92" (233.7 cm) WEIGHT 2,505 lbs. (1,136 kg) (2WD), 2,615 lbs. (1,186 kg) (4WD)2,943 lbs. (1,335 kg) (2WD), 3,053 lbs. (1,385 kg) (4WD) CERTIFICATION Complies with ANSI B71.4-2004 and CE requirements. Certain machine configurations require rear weight kits for standards compliance, see Operator’s Manual for details. WARRANTY Two-year limited warranty. Refer to the Operator’s Manual for further details. Reelmaster® 5410 / 5410-D Specifications* * Specifications and design subject to change without notice. Products depicted in this literature are for demonstration purposes only. Actual products offered for sale may vary in use, design, required attachments and safety features. See distributor for details on all warranties.The Reelmaster 5410 is manufactured in Tomah, WI ISO 9002 Certified Plant.Page 330 of 940 3Rev. 11/16 * Specifications and design subject to change without notice. Products depicted in this literature are for demonstration purposes only. Actual products offered for sale may vary in use, design, required attachments and safety features. See distributor for details on all warranties. The Reelmaster 5510 & 5610 are manufactured in Tomah, WI ISO 9002 Certified Plant. 8-BLADE CUTTING UNIT, MODEL 03621 11-BLADE CUTTING UNIT, MODEL 03623 TYPE 5-plex, hydraulically driven, balanced cutting units with adjustable rear weight transfer spring. Cutting units feature quick disconnect for removal/installation and are interchangeable to all positions. Cutting units also feature rear throw capability. SIZE 22" (56 cm) wide, 5" (12.7 cm) diameter, 8 & 11" blade cutting units. WIDTH OF CUT 100" (254 cm) HOC RANGE 0.25" - 1.0" (6.4-25.4 mm) standard. Up to 1.5" (38.1 mm) with high height of cut kit. REEL SPEED Manually controlled, variable reel speed for control of clip frequency. Reel speeds are incrementally adjustable between 200-2,000 rpm with a backlap speed of 200 rpm. BEDKNIFE ADJUSTMENT Dual Precision Adjustment (DPA), bedknife to reel. ROLLERS 3" (7.6 cm) diameter, deep groove plastic Wiehle front roller. 2.5" (6.4 cm) diameter shortened steel rear roller. Other roller configurations optional. POWERED REAR ROLLER BRUSH, MODEL 03668 TYPE Rotating, helically woven, stiff bristled brush. Spring loaded belt drive. CONTACT POINTS Tightly woven 11-point contact. SPIN RATE Rapid 2000 rpm spin rate. UNIVERSAL GROOMER, MODEL 03763 TYPE Forward, Reverse & Neutral. Rotating blades with optional Broomer™ brush strips that are woven within the blade helix for full width turf contact. GROOMING WIDTH 20.5" (52.1 cm) GROOMING RANGE 0-0.25" (0-6.4 mm) below height of cut when engaged, 0.5" (0-12.7 mm) above Groomer height of cut when disengaged. BLADES 2.5" (6.4 cm) diameter, 0.042" (1 mm) thick heat treated spring steel blades with 0.5" (12.7 mm) spacing. Reelmaster® 5410 / 5410-D Accessories* SCRAPER OPTIONS 107-3280 Rear Roller Scraper 107-2993-03 Wiehle Roller Scraper 110-1735 Comb Scraper Kit TRACTION UNIT ACCESSORIES 03655 CrossTrax® All-Wheel Drive Kit 03667 Air-ride Seat Suspension 03614 Golf Ball Guard 30349 Universal Sunshade - White 30552 Universal Sunshade - Red BEDKNIFE OPTIONS 108-9095 EdgeMaxTM 108-9096 Standard 127-7132 EdgeMax Low Cut 110-4084 Low Cut 119-4280 EdgeMax Extended Low Cut 120-1640 Extended Low Cut 110-4074 Heavy Duty 5” (12.7 cm) CUTTING UNIT ACCESSORIES 03763 Universal Groomer 03765 22” (56 cm) Groomer Cartridge 03767 Grooming Brush Cartridge 03417 Universal Only Weight Kit 03658 Powered rear roller brush for groomers 03413 Weight for cutting units with attatchments 03406 Powered rear roller brush only 03411 End Weight Kit 03415 Flex Grass Basket 131-6845 Flex Groomer Rod Kit CUTTING UNITS 03621 5" (12.7 cm) 8-blade DPA cutting unit 03623 5" (12.7 cm) 11-blade DPA cutting unit 03618 5" (12.7 cm) verticutter cutting unit Page 331 of 940 4Rev. 12/15 REELMASTER 5510, MODEL 03676 REELMASTER 5510-D (A), TIER 4 DIESEL, MODEL 03607 ENGINE Kubota® 4-cylinder, liquid cooled, diesel engine. 35.5 hp (26.5 kW) @ 3000 rpm.Yanmar® 3-cylinder, liquid cooled, diesel engine. 36.8 hp (27.5 kW), 74.4 ft. lbs. (105 Nm) torque, 1.64 liter displacement. Tier 4 Final Compliant. LUBRICATION Pressurized lubrication system with 5.0 quart (4.7 liter) capacity. FUEL FILTER Replaceable spin-on fuel filter/water separator. AIR CLEANER Heavy-duty three-stage, radial seal air cleaner with restriction indicator. COOLING Rear mounted radiator with industrial tube and fin construction, 6.5 fins per inch, 7.0 quart (6.6 liter) capacity. Plate and bar radiator/oil cooler combination, 6.3 fins per inch, 10 quart (9.5 liter) capacity. FUEL TANK CAPACITY 13.5 gallon (51.1 liter) capacity. Biodiesel-Ready for use up to B-20 (20% biodiesel and 80% petroleum blend).14 gallon (53 liter) capacity. HYDRAULIC OIL CAPACITY 9.0 gallon (34.1 liter) capacity.15 gallon (56.8 liter) capacity. TRACTION DRIVE Front drive wheels powered by a hydrostatic pump with individual wheel motors. All-wheel drive optional with CrossTrax® All-Wheel Drive system, which transfers power from the front wheels to the opposite rear wheels via independent rear wheel motors GROUND SPEED 0-10 mph (0-16 km/hr) forward transport; 0-8 mph (0-12.8 km/hr) mow; 0-4 mph (0-6.4 km/h) reverse. TIRES Front traction tires: 26.5 x 14-12 turf tires Rear steer tires: 20 x 12-10 MAIN FRAME High strength steel frame with welded construction. BRAKES Individual left and right drum-type front wheel brakes. Brakes may be actuated for service braking via left foot pedal. Integrated foot pedal lock provides parking brake. Dynamic braking through hydrostatic traction drive system. STEERING Rear wheel, power steering with an independent hydraulic pump and circuit. GAUGES InfoCenterTM onboard LCD display shows gauges, alerts/faults, service reminders, electrical system diagnostics, indicates fuel level, coolant temp., low oil pressure, alternator, engine hours, engine rpm, voltage, reel speed, backlap speed, glow indicator (diesel), lift/lower indicator. CONTROLS Single foot-operated traction pedal, foot actuated mow speed limiter, foot actuated service and parking brake. Hand-operated key ignition switch, throttle, cutting unit raise/lower joystick, cutting unit engage switch, and headlight switch all positioned on right hand pivoting control console. Single foot-operated traction pedal, foot actuated mow speed limiter, foot actuated service and parking brake. Hand-operated key ignition switch, throttle, isochronous engine speed control, cutting unit raise/lower joystick, cutting unit engage switch, and headlight switch all positioned on right hand pivoting control console. ELECTRICAL & INTERLOCKS Heavy-duty 12-volt battery, 570 CCA, 40 amp alternator. Electronic control unit is a microprocessor based, solid state control unit with diagnostic capabilities. Traction pedal, parking brake, operator presence in seat, and cutting unit engage/disengage safety interlock switches. Heavy-duty 12-volt battery, 570 CCA, 55 amp alternator. Electronic control unit is a microprocessor based, solid state control unit with diagnostic capabilities. Traction pedal, parking brake, operator presence in seat, and cutting unit engage/disengage safety interlock switches. REEL DRIVE Reel drive circuit is split independently for front and rear cutting units. Hydraulic functions controlled by an integrated hydraulic control block. Reel speeds are electronically adjustable in nine incremental settings. Standard on-board backlapping. CUTTING UNIT LIFT/LOWER Front and rear cutting unit lift/lower is sequenced for uniform starting and ending points. SEAT Deluxe high back suspension seat with fore, aft, height and weight adjustment. ROPS Standard with seat belt HEIGHT 63" (160 cm) seat top, 85.5" (217.2 cm) top of ROPS. LENGTH (2WD)111" (281.9 cm) WHEEL BASE 60" (152.4 cm) OPERATIONAL WIDTH 116" (288.3 cm) TRANSPORT WIDTH 92" (233.7 cm) WEIGHT 2,693 lbs. (1,222 kg) (2WD), 2,803 lbs. (1,271 kg) (4WD)3,131 lbs. (1,420 kg) (2WD), 3,241 lbs. (1,470 kg) (4WD) CERTIFICATION Complies with ANSI B71.4-2004 and CE requirements. Certain machine configurations require rear weight kits for standards compliance, see Operator’s Manual for details. WARRANTY Two-year limited warranty. Refer to the Operator’s Manual for further details. Reelmaster® 5510 / 5510-D Specifications* * Specifications and design subject to change without notice. Products depicted in this literature are for demonstration purposes only. Actual products offered for sale may vary in use, design, required attachments and safety features. See distributor for details on all warranties. The Reelmaster 5510 is manufactured in Tomah, WI ISO 9002 Certified Plant.Page 332 of 940 5Rev. 11/16 8 AND 11-BLADE CUTTING UNITS, MODELS 03638, 03639 AND 03641 TYPE 5-plex, hydraulically driven, balanced cutting units with adjustable rear weight transfer spring. Cutting units feature quick disconnect for removal/installation and are interchangeable to all positions. Cutting units also feature rear throw capability. SIZE 22" (56 cm) wide, 7" (17.8 cm) diameter, 8 and 11 blade cutting units. WIDTH OF CUT 100" (254 cm) HOC RANGE 0.25" - 1" (6.4-25.4 mm) standard. Up to 2" (50.8 mm) with high height of cut kit. REEL SPEED Manually controlled, variable reel speed for control of clip frequency. Reel speeds are incrementally adjustable between 200-1,650 rpm with a backlap speed of 200 rpm. BEDKNIFE ADJUSTMENT Dual Precision Adjustment (DPA), bedknife to reel. ROLLERS 3" (7.6 cm) diameter, deep groove plastic Wiehle front roller. 3" (7.6 cm) diameter steel rear roller. Other roller configurations optional. POWERED REAR ROLLER BRUSH, MODEL 03408 TYPE Rotating, helically woven, stiff bristled brush. Spring loaded belt drive. CONTACT POINTS Tightly woven 11 point contact. SPIN RATE Rapid 2000 rpm spin rate. UNIVERSAL GROOMER, MODEL 03763 TYPE Forward, Reverse & Neutral. Rotating blades with optional Broomer™ brush strips that are woven within the blade helix for full width turf contact. GROOMING WIDTH 20.5" (52.1 cm) GROOMING RANGE 0-0.25" (0-6.4 mm) below height of cut when engaged, 0-0.25" (0-6.4 mm) above height of cut when disengaged. BLADES 2.5" (6.4 cm) diameter, 0.042" (1 mm) thick heat treated spring steel blades with 0.5" (12.7 mm) spacing. * Specifications and design subject to change without notice. Products depicted in this literature are for demonstration purposes only. Actual products offered for sale may vary in use, design, required attachments and safety features. See distributor for details on all warranties. Reelmaster® 5510 / 5510-D Accessories* The Reelmaster 5510 is manufactured in Tomah, WI ISO 9002 Certified Plant. SCRAPER OPTIONS 107-3280 Rear Roller Scraper 107-2993-03 Wiehle Roller Scraper 110-1735 Comb Scraper Kit TRACTION UNIT ACCESSORIES 03655 CrossTrax® All-Wheel Drive Kit 03667 Air-ride Seat Suspension 03614 Golf Ball Guard 30349 Universal Sunshade - White 30552 Universal Sunshade - Red 7” (17.8 cm) CUTTING UNIT ACCESSORIES 03768 Universal Groomer 03765 22” (56 cm) Groomer Cartridge 03767 Grooming Brush Cartridge 03418 Universal Only Weight Kit 03659 Powered rear roller brush for groomers 03419 Universal w/RRB Weight Kit 03408 Powered rear roller brush only 03405 Weight for cutting units without attatchments 03415 Flex Grass Basket 131-6845 Flex Groomer Rod Kit BEDKNIFE OPTIONS 108-9095 EdgeMaxTM 108-9096 Standard 127-7132 EdgeMax Low Cut 110-4084 Low Cut 119-4280 EdgeMax Extended Low Cut 120-1640 Extended Low Cut 110-4074 Heavy Duty CUTTING UNITS 03629 7" (17.8 cm) cutting unit finishing kit 03638 7” (17.8 cm) 8-blade, radial: 03639 7” (17.8 cm) 8-blade, forward-swept 03641 7” (17.8 cm) 11-blade, forward-swept 03619 7" (17.8 cm) verticutter cutting unit Page 333 of 940 6Rev. 12/15 REELMASTER 5610 4WD, MODEL 03678 REELMASTER 5610-D 4WD, MODEL 03679 ENGINE Kubota® 4-cylinder, liquid cooled, diesel engine. 44.2 hp (33 kW) @ 3000 rpm.Yanmar® 3-cylinder, liquid cooled, turbo-diesel engine. 43.5 hp (32.4 kW), 74.4 ft. lbs. (105 Nm) torque, 1.64 liter displacement. Tier 4 Final Compliant. LUBRICATION Pressurized lubrication system with 5.0 quart (4.7 liter) capacity. FUEL FILTER Replaceable spin-on fuel filter/water separator. AIR CLEANER Heavy duty three-stage, radial seal air cleaner with restriction indicator. COOLING Rear mounted radiator with industrial tube and fin construction, 6.3 fins per inch, 10.0 quart (9.5 liter) capacity. FUEL TANK CAPACITY 13.5 gallon (51.1 liter) capacity. Biodiesel-Ready for use up to B-20 (20% biodiesel and 80% petroleum blend). HYDRAULIC OIL CAPACITY 9.0 gallon (34.1 liter) capacity. TRACTION DRIVE Front drive wheels powered by a hydrostatic pump with individual wheel motors. All-wheel drive optional with CrossTrax® All-Wheel Drive system, which transfers power from the front wheels to the opposite rear wheels via independent rear wheel motors. CrossTrax® All-Wheel Drive system standard, which transfers power from the front wheels to the opposite rear wheels via independent rear wheel motors. GROUND SPEED 0-10 mph (0-16 km/hr) forward transport; 0-8 mph (0-12.8 km/hr) mow; 0-4 mph (0-6.4 km/h) reverse. TIRES Front traction tires: 26.5 x 14-12 turf tires; Rear steer tires: 20 x 12-10. MAIN FRAME High strength steel frame with welded construction. BRAKES Individual left and right drum-type front wheel brakes. Brakes may be actuated for service braking via left foot pedal. Integrated foot pedal lock provides parking brake. Dynamic braking through hydrostatic traction drive system. STEERING Rear wheel, power steering with an independent hydraulic pump and circuit. GAUGES InfoCenterTM onboard LCD display shows gauges, alerts/faults, service reminders, electrical system diagnostics, indicates fuel level, coolant temp., low oil pressure, alternator, engine hours, engine rpm, voltage, reel speed, backlap speed, glow indicator (diesel), lift/lower indicator. CONTROLS Single foot-operated traction pedal, foot actuated mow speed limiter, foot actuated service and parking brake. Hand-operated key ignition switch, throttle, cutting unit raise/lower joystick, cutting unit engage switch, and headlight switch all positioned on right hand pivoting control console. ELECTRICAL & INTERLOCKS Heavy duty 12-volt battery, 570 CCA, 40 amp alternator. Electronic control unit is a microprocessor based, solid state control unit with diagnostic capabilities. Traction pedal, parking brake, operator presence in seat, and cutting unit engage/disengage safety interlock switches. REEL DRIVE Reel drive circuit is split independently for front and rear cutting units. Hydraulic functions controlled by an integrated hydraulic control block. Reel speeds are electronically adjustable in nine incremental settings. Standard on-board backlapping. CUTTING UNIT LIFT/LOWER Front and rear cutting unit lift/lower is sequenced for uniform starting and ending points. SEAT Deluxe high back suspension seat with fore, aft, height and weight adjustment. ROPS Standard with seat belt HEIGHT 63" (160 cm) seat top, 85.5" (217.2 cm) top of ROPS. LENGTH (2WD)111" (281.9 cm) WHEEL BASE 60" (152.4 cm) OPERATIONAL WIDTH 116" (288.3 cm) TRANSPORT WIDTH 92" (233.7 cm) WEIGHT 2,756 lbs. (1,276 kg) (2WD), 2,866 lbs. (1,326 kg) (4WD) CERTIFICATION Complies with ANSI B71.4-2004 and CE requirements. Certain machine configurations require rear weight kits for standards compliance, see Operator’s Manual for details. WARRANTY Two-year limited warranty. Refer to the Operator’s Manual for further details. Reelmaster® 5610 Specifications* * Specifications and design subject to change without notice. Products depicted in this literature are for demonstration purposes only. Actual products offered for sale may vary in use, design, required attachments and safety features. See distributor for details on all warranties. The Reelmaster 5610 is manufactured in Tomah, WI ISO 9002 Certified Plant.Page 334 of 940 7Rev. 11/16 Reelmaster® 5610 Accessories* 8 AND 11-BLADE CUTTING UNITS, MODELS 03638, 03639 AND 03641 TYPE 5-plex, hydraulically driven, balanced cutting units with adjustable rear weight transfer spring. Cutting units feature quick disconnect for removal/installation and are interchangeable to all positions. Cutting units also feature rear throw capability. SIZE 22" (56 cm) wide, 7" (17.8 cm) diameter, 8 and 11 blade cutting units. WIDTH OF CUT 100" (254 cm) HOC RANGE 0.25" - 1" (6.4-25.4 mm) standard. Up to 2" (50.8 mm) with high height of cut kit. REEL SPEED Manually controlled, variable reel speed for control of clip frequency. Reel speeds are incrementally adjustable between 200-1,650 rpm with a backlap speed of 200 rpm. BEDKNIFE ADJUSTMENT Dual Precision Adjustment (DPA), bedknife to reel. ROLLERS 3" (7.6 cm) diameter, deep groove plastic Wiehle front roller. 3" (7.6 cm) diameter steel rear roller. Other roller configurations optional. POWERED REAR ROLLER BRUSH, MODEL 03408 TYPE Rotating, helically woven, stiff bristled brush. Spring loaded belt drive. CONTACT POINTS Tightly woven 11 point contact. SPIN RATE Rapid 2000 rpm spin rate. UNIVERSAL GROOMER, MODEL 03763 TYPE Forward, Reverse & Neutral. Rotating blades with optional Broomer™ brush strips that are woven within the blade helix for full width turf contact. GROOMING WIDTH 20.5" (52.1 cm) GROOMING RANGE 0-0.25" (0-6.4 mm) below height of cut when engaged, 0-0.25" (0-6.4 mm) above height of cut when disengaged. BLADES 2.5" (6.4 cm) diameter, 0.042" (1 mm) thick heat treated spring steel blades with 0.5" (12.7 mm) spacing. * Specifications and design subject to change without notice. Products depicted in this literature are for demonstration purposes only. Actual products offered for sale may vary in use, design, required attachments and safety features. See distributor for details on all warranties. The Reelmaster 5610 is manufactured in Tomah, WI ISO 9002 Certified Plant. SCRAPER OPTIONS 107-3280 Rear Roller Scraper 107-2993-03 Wiehle Roller Scraper 110-1735 Comb Scraper Kit TRACTION UNIT ACCESSORIES 03655 CrossTrax® All-Wheel Drive Kit 03667 Air-ride Seat Suspension 03614 Golf Ball Guard 30349 Universal Sunshade - White 30552 Universal Sunshade - Red 7” (17.8 cm) CUTTING UNIT ACCESSORIES 03768 Universal Groomer 03765 22” (56 cm) Groomer Cartridge 03767 Grooming Brush Cartridge 03418 Universal Only Weight Kit 03659 Powered rear roller brush for groomers 03419 Universal w/RRB Weight Kit 03408 Powered rear roller brush only 03405 Weight for cutting units without attatchments 03415 Flex Grass Basket 131-6845 Flex Groomer Rod Kit BEDKNIFE OPTIONS 108-9095 EdgeMaxTM 108-9096 Standard 127-7132 EdgeMax Low Cut 110-4084 Low Cut 119-4280 EdgeMax Extended Low Cut 120-1640 Extended Low Cut 110-4074 Heavy Duty CUTTING UNITS 03629 7" (17.8 cm) cutting unit finishing kit 03638 7” (17.8 cm) 8-blade, radial: 03639 7” (17.8 cm) 8-blade, forward-swept 03641 7” (17.8 cm) 11-blade, forward-swept 03619 7" (17.8 cm) verticutter cutting unit Page 335 of 940 Maintaining bunkers and a whole lot more. Call your Toro distributor at 800-803-8676©2016 The Toro Company. All rights reserved. Rev. 2/16 FEATURES Sand Pro® 3040/5040 BUNKER RAKE It’s time to demand more from your bunker rake. With the exclusive Quick Attach System (QAS) offering tool-free, quick attachment change outs and over 25 valuable attachments, the Sand Pro 3040 and 5040 are versatile utility vehicles with as many uses outside the bunker as in it. The Sand Pro 5040’s optional front QAS provides added flexibility and exclusive steerable front attachments for surgical precision. The Toro Sand Pro keeps bunkers in tournament condition every day. • Quick Attach System to change implements in seconds without tools • Over 25 implements available • Hydraulic power steering (5040) • Exclusive steerable front attachments (5040) • 16hp (3040), 18hp (5040) Kawasaki V-twin engine • Responsive hydraulically-actuated front (5040) and rear attachments toro.com/sandpro Sand Pro® 5040 Page 336 of 940 22015 Toro Commercial Equipment Guide 15-003-T Rev. 2/15 Sand Pro® 3040 & 5040 Specifications* SAND PRO 3040, MODEL 08703 SAND PRO 5040, MODEL 08705 ENGINE Vanguard®, V-twin cylinder, 4-cycle, OHV, air-cooled, gas engine with cast iron sleeves. 16 hp (11.9 kW) at 3600 rpm. Displacement: 29.3 cu. in. (480 cc). Oil capacity: 1.75 quart (1.8 liter). Electronic ignition. Full pressure lubrication, oil filter. Base mounted engine and pump with 4 isolation mounts. Vanguard®, V-twin cylinder, 4-cycle, OHV, air-cooled, gas engine with cast iron sleeves. 18 hp (13.4 kW) at 3600 rpm. Displacement: 34.8 cu. in. (570 cc). Oil capacity: 1.75 quart (1.8 liter). Electronic ignition. Full pressure lubrication, oil filter. Base mounted engine and pump with 4 isolation mounts. AIR CLEANER SYSTEM Remote mounted 3-phase Donaldson® air cleaner. FUEL CAPACITY 5.0 gallon (18.9 liter) of unleaded gasoline. TRACTION DRIVE Direct driven hydrostatic variable displacement piston pump to 3 hydraulic motors for 3WD. Large, front mounted hydraulic cooler and fan. Foot pedal control, forward/reverse. Patented Series/Parallel hydraulic traction system keeps three wheels working together, virtually eliminates spin-outs. GROUND SPEED Infinitely variable 0-10 mph (16 km/h) forward; 4.3 mph (6.9 km/h) reverse. HYDRAULIC OIL 5.0 gallon (18.9 liter) system capacity. Nylon reservoir to reduce corrosion. 10 (nominal) micron replaceable cartridge. TIRES/WHEELS Three 22 x 11.00-8 pneumatic tubeless tires on demountable, interchangeable wheels. Tire pressure: 4-6 psi (27.5 kPa). MAIN FRAME Tricycle vehicle with welded rectangular tubular steel frame construction. Rear engine placement. BRAKES Dynamic braking through the hydrostatic transmission and hand actuated brake lever. STEERING Manual front wheel steering. 15" (38 cm) diameter steering wheel. Double lubed for life gearbox.Hydraulic power steering. 15" (38 cm) diameter steering wheel. CONTROLS/GAUGES Hand operated choke, throttle, and hydraulic control for raising/lowering with float. Foot pedal controls traction forward/reverse speed. Rear hydraulic lift and lower controls.Gauges: hour meter. Hand operated choke, throttle, and hydraulic control for raising/lowering with float. Foot pedal controls traction forward/reverse speed. Front and rear hydraulic lift and lower controls. Gauges: hour meter. SEAT High-back cushion seat w/drain hole. 4" front-back adjustment w/additional 1.75" mounting adjustment. (arm rests optional) ELECTRICAL FEATURES 12-volt battery, 15 amp., 300 CCA @ 0° F, 12-volt electric starter. Dash mounted ignition switch with key. Neutral interlock switch, seat switch. Also provisions for light kit.12-volt battery, 15 amp., 300 CCA @ 0° F, 12-volt electric starter. Fender mounted ignition switch with key. Neutral interlock switch, seat switch, also provisions for light kit. POWER 97 dB(A) under normal operating conditions. DIMENSIONS Width: 58" (147 cm), Length: 67.5" (171.5 cm), Height: 45.25" (114.9 cm), Wheelbase: 42.75" (108 cm) GROUND CLEARANCE 6.0" (15.2 cm) WEIGHT Net weight (less fluids): 930 lbs. (421.8 kg). WARRANTY Two-year limited warranty. Refer to the Operator’s Manual for further details. Briggs & Stratton® provides a two-year commercial engine warranty and a lifetime Magnetron® warranty. FRONT ATTACHMENTS FRONT LIFT FRAME ASSEMBLY Front Quick Attach SystemTM mounting assembly and hydraulic components. Used on Sand Pro 5040 only. Model 08713. HYDRAULIC FLEX BLADE Hydraulic QAS flex blade is designed for leveling, packing, and smoothing uneven areas in one pass. Model 08712. Available for SP5040 only (requires Front Lift Frame Assembly – 08712) MANUAL BLADE Standard 40” (102 cm) width steel blade. Spring balanced manual blade is used for leveling uneven areas and pushing up bunkers after washouts (cannot be used when 08712 is installed). Model 08714. Blade extension available to increase blade width to 60” (152 cm) for leveling out larger uneven areas. PN 115-5646. FRONT & REAR QAS ATTACHMENTS BUNKER PUMP Throws water up to 40’ (12 m) and can pump 95 gal/min (360 l/min). Adjustable throw direction and angle. Requires Rear Remote Hydraulics (08781) for rear QAS mount. Requires Front Lift Frame Assembly (08712), Rear Remote Hydraulics (08781) and Front Remote Hydraulics for front QAS mount (on SP5040 only) Model 08765. BUNKER PUMP REMOTE DISCHARGE KIT An available 50’ (15 m) discharge hose allows the QAS Bunker Pump to be removed and dropped into hard to reach areas. PN 115-2084. LIP BROOM Eliminates the task of manually maintaining infield lips. Removes ridge buildup by sweeping material back into the infield. Mounts to front QAS (SP5040) and rear QAS (SP3040 & 5040). Requires Front Lift Frame Assembly– 08712 for front attachment (on SP5040 only) Lip Broom available from Rahn Industries at www.rahngroomer.com or 1-800-298-1707. TURF PLOW The 64” Turf Plow is a great tool for removing aeration cores from greens, clearing snow from walkways, cart paths and even sports fields. It is lightweight and features a rounded lower lip that is gentle on turf. The Turf Plow fits both Sand Pro 3040 and 5040. Turf Plow is available from Nordic Plow at nordicplow.com MID-MOUNT ATTACHMENTS MID-MOUNT ASSEMBLY Base mounting assembly for mid-mount toolbars with spring-loaded regulation to allow relief if obstruction is hit. Model 08731. WEEDER TINE TOOLBAR Ideal for removing weeds and grass from less maintained bunkers and fields (requires Mid-Mount Assembly – 08731). Model 08732. LEVELING BLADE Attaches to any mid-mount toolbar to quickly level out large areas. Foot operated latch allows operator to lower leveling blade independently from the other mid- mount toolbar. PN 108-8496. SOLID TINE TOOLBAR Used for general scarifying applications. Rotate teeth to maximize tine life (requires Mid-Mount Assembly – 08731). Model 08734. CARBIDE TINE TOOLBAR Use in the harshest conditions and for extended life –15 carbide tines included (requires Mid-Mount Assembly – 08731). Model 08735. SPRING TINE TOOLBAR Use for light to moderate scarifying and daily maintenance in bunkers and on premium fields (requires Mid-Mount Assembly – 08731). Model 08733. EDGER Maintains the grass edge of the outfield near the infield skin or warning track. Easily renovate ballfields by removing overgrown turf and infield lip build-up. Significantly reduces labor required for infield edging (requires Rear Remote Hydraulics – 08781). Model 08766. * Specifications and design subject to change without notice. Products depicted in this literature are for demonstration purposes only. Actual products offered for sale may vary in use, design, required attachments and safety features. See distributor for details on all warranties. The Sand Pro 3040 & 5040 are manufactured in Tomah, WI ISO 9002 Certified Plant.Page 337 of 940 32015 Toro Commercial Equipment Guide 15-003-T Rev. 2/15 Sand Pro® 3040 & 5040 Accessories* ACCESSORIES QAS A-FRAME ASSEMBLY Can attach Spring Rake 08752 to be used independently. PN 108-9427. 400-HOUR FILTER MAINTENANCE KIT Includes 9 engine oil filters, 2 hydraulic oil filters and 2 air filters. Model 30035. REAR REMOTE HYDRAULICS Quick-connect design allows rear-powered attachments to be connected in under a minute. Model 08781. FRONT REMOTE HYDRAULICS Quick-connect design allows front-powered attachments to be connected in under a minute. Model 08782. VARIABLE ORIFICE KIT Slows hydraulic lift and lower for increased precision and accuracy when using hydraulically-powered attachments. PN 112-1433. LIGHT KIT Front and rear flood lights improve operator visibility during low natural light operation. PN 110-1314. SPEED CONTROL KIT Adjustable speed check trains operators to groom at the desired speed while allowing the traction unit to operate in transport speed between tasks without any adjustments or levers. PN 110-1371. HITCH/TOW BAR Converts the traction unit to a utility vehicle to transport materials or trailers. Attaches to QAS A-Frame or 108-9427 for quick removal. PN 110-1375. FRONT WEIGHT KIT 50 lb (22.7kg) – allows the Spiker or Rahn® Groomer attachments without the Front Lift Frame Assembly attached to meet ANSI compliance. PN 100-6442. OPTIONAL TIRES SMOOTH TIRE Includes individual tire, wheel and stem valve assembly. Typically used on greens. PN 112-0034. TURF TIRE Turf tread tire. PN 94-6126. REAR QAS ATTACHMENTS TOOTH RAKE Designed to lightly scarify, pack, smooth and groom in one pass. Use in dry or wet conditions and can improve the condition of neglected sports fields. Model 08751. WEIGHT KIT FOR TOOTH RAKE Additional weight for the Tooth Rake attachment to improve performance in coarse or wet conditions. Set of 5 weights. PN 115-4333. TOOTH RAKE BROOM 75” (190 cm) Brush – Attaches behind the Tooth Rake (08751) for a smoother finish. Model 08816. PIVOTING TROWELS KIT This kit allows independent outside trowels to pivot and rake across the entire turn which eliminates unraked teardrop – Attaches to Tooth Rake (08751). PN 119-7158. SPRING RAKE Leaf rake assembly designed to be used alone or in combination with the tooth rake (08751) to achieve desired appearance. Great for wet conditions and collecting debris in groomed areas (if used independently, requires QAS A-Frame Assembly, 108-9427). Model 08752. DRAG MAT CARRIER SYSTEM QAS-mounted carrier frame with hydraulic lifter allows operator to raise and lower drag mats without ever leaving the operator seat. 72” (183 cm) width. Model 08756. COCO DRAG MAT Quickly produces a premium finish on dry, level surfaces (requires Drag Mat Carrier System - 08756). Model 08758. STEEL DRAG MAT Designed to for more rugged surfaces to quickly groom and finish. Use on wet or dry sand surfaces (requires Drag Mat Carrier System - 08756). Model 08757. NAIL DRAG Pivots to follow the contours of uneven field surface. Use to scarify, loosen, or weed before smoothing. Easily adjust nail pattern and depth. Accepts up to a 40D common nail. Model 08761. SEGMENTED GROOMING BROOM Designed to minimize top surface disruption, to maximize firmness, and provide a smooth finished look in contoured bunkers. Model 08753. REPLACEMENT SEGMENTED GROOMING BROOM Replacement grooming broom with stiffer bristles. PN 110-8182. WEIGHT KIT FOR SEGMENTED GROOMING BROOM Additional weight for Segmented Grooming Broom to improve performance in coarse or wet conditions. Set of 4 weights. PN 112-0025. GROOMING BRUSH Designed to groom and level synthetic turf fields. Designed to brush in topdressing and stand-up turf on greens and tees – (requires Synthetic Turf Brush Kit, PN 119-7107 or Greens Brush Kit, PN 119-7108). Model 08794. SYNTHETIC TURF BRUSH For use with Turf Groomer, 08794. PN 119-7107. GREENS BRUSH For use with Turf Groomer, 08794. PN 119-7108. SPRING TINE KIT Use to help stand-up and decompact synthetic turf. For use with Turf Groomer, 08794. PN 119-7109. MAGNET ATTACHMENT Use to collect ferrous debris on synthetic field. For use with Turf Groomer, 08794. PN 119-2827. SYNTHETIC TURF CONDITIONER Stainless spring steel brushes loosen infill from compacted synthetic turf fields. Use to scarify, loosen, or weed infields. Use to groom beaches and rocky trails. Model 08790. QAS FINISH GRADER Use to level and/or scarify large areas. Includes box plow and scarifier with spring load regulation to allow relief if obstruction is hit. Model 08754. RAHN GROOMER The Rahn GL650 Infield Groomer levels uneven playing fields, helping to prevent ridge build up while creating a safer, more consistent infield. The triple row broom is perfect for finishing the playing surface and can be stored upright for easy transport. The 2-way leveling system provides both a lock and float position to match infield conditions Rahn Groomer available from Rahn Industries at www.rahngroomer.com or 800-298-1707. QAS SPIKER Use for spiking greens and other formal turf to increase air flow for healthier turf. Model 08755. QAS DEBRIS BLOWER High powered blower designed to quickly clear debris from groomed and unwanted areas. Hydraulically-powered, 2000 rpm fan speed – 2700 cfm @ 81 mph (2700 cfm @ 130 kph). Requires Rear Remote Hydraulics - 08781. Model 08759. BASIC DRAG MAT SYSTEM Basic Drag Mat System, Model 112-1424 (requires 108-9427 & 110-1375) * Specifications and design subject to change without notice. Products depicted in this literature are for demonstration purposes only. Actual products offered for sale may vary in use, design, required attachments and safety features. See distributor for details on all warranties. The Sand Pro 3040 & 5040 are manufactured in Tomah, WI ISO 9002 Certified Plant.Page 338 of 940 You asked for it, Toro delivered. Call your Toro distributor at 800-803-8676©2016 The Toro Company. All rights reserved. Rev. 2/16 FEATURES Workman ® HDX Auto HEAVY-DUTY UTILITY VEHICLE No manual clutch, no shifting, and no sacrifices. The same reliability, quality, and product features you have come to expect from Toro heavy-duty utility vehicles just got better. Toro’s all new Workman HDX Auto. The days of slipping tires as you let out the clutch are gone. The days of training new operators on how to drive a manual transmission are gone. Powered by a 28hp Kohler® liquid-cooled EFI engine that is optimally timed with the transmission to deliver peak torque from 0-20 mph. No lack of power with this machine, climb the most difficult terrain with a load of sand and you will forget the bed is full. Toro’s proprietary SpeedContr’l™ insures precise ground speed to engine speed critical for accurate application rates with bed mounted top dressers and sprayers. Simply select the correct position on the SpeedContr’l and you are set. Put your foot to the floor and maintain consistent speed over undulating fairways and hills. Let the transmission and the engine do the work so the operator can focus on getting the job done. toro.com/hd • Toro SpeedContr’l delivers precise ground speed during spraying and top dressing applications • Two-speed transmission with high and low range • Total vehicle payload of 3,295 lbs (1498 kg)* • Towing capacity 3,500 lbs (1591 kg) • Kohler ® 28hp liquid-cooled EFI gasoline engine • Two-wheel and four-wheel drive options * With standard suspension configuration including installed bed.Page 339 of 940 22015 Toro Commercial Equipment Guide 15-003-T Rev. 2/15 WORKMAN HDX AUTO, MODEL 07390 / 07390TC ENGINE 28 hp (14.9 kW) Kohler® LH775 Twin-cylinder, liquid-cooled electronic fuel injection DISPLACEMENT 747cc FUEL Gasoline COOLING Liquid TRANSMISSION Variable speed transmission with forward high-low range and reverse featuring Toro SpeedContr'l™ MAXIMUM SPEED Forward low range 11 mph (17.7 km/h), Forward high range 20 mph (32.2 km/h), Reverse 13 mph (20.9 km/h) 4WD MODEL Fully automatic on-demand, bi-directional system. Uses dual bi-directional clutches. In event of rear tire slippage, clutches transmit power proportionally to front wheel with highest traction. BASE MACHINE WEIGHT (INCLUDES BED) HDX Auto 2WD: 1,905 lbs (866 kg) HDX Auto 4WD: 1,935 lbs (880 kg) TOTAL PAYLOAD CAPACITY (INCLUDING TWO, 200LB PASSENGERS) HDX Auto 2WD: 3,295 lbs (1498 kg) HDX Auto 4WD: 3,265 lbs (1484 kg) CARGO BED CAPACITY (ASSUMES TWO, 200LB PASSENGERS) HDX Auto 2WD: 2,895 lbs (1316 kg) HDX Auto 4WD: 2,865 lbs (1303 kg) LENGTH 127.6” (324 cm) without bed; 130” (330 cm) with bed WIDTH 64.7” (164.3 cm) HEIGHT 75.8” (192.5 cm) to top of ROPS CLEARANCE CIRCLE 2WD Inside = 32” (81 cm); Outside = 194” (493 cm) 4WD Inside = 100” (254 cm); Outside = 300” (726 cm) GROUND CLEARANCE 7” (18 cm) with no load DIFFERENTIAL LOCK Electronic switch to engage rear differential lock FRONT SUSPENSION Independent suspension with dual A-frame control arms, dual coil springs and dual shock absorbers with anti-sway bar. Provides 5.75” (14.6 cm) travel. REAR SUSPENSION DeDion rear axle (weight carrying axle) suspension independent of transaxle with dual leaf springs and dual shock absorbers. Provides 3” (7.6 cm) travel. BRAKES 4-wheel hydraulic disc brake system CERTIFICATIONS Certified to meet SAE J2258. Certified to meet ISO/DIS 21299 for ROPS. Engine meets all applicable emission standards per the manufacturer. Certified to meet the CE Machinery Directive. WARRANTY Two-year limited warranty. See Operator’s Manual for further details. TOW HITCH 600 lbs (272 kg) tongue weight 3,500 lbs (1587 kg) trailer weight Trailers over 1,500 lbs (680 kg) require trailer brakes Workman® HDX Auto Specifications* The Workman HD utility vehicle is manufactured in Tomah, WI ISO 9002 Certified Plant. * Specifications and design subject to change without notice. Products depicted in this literature are for demonstration purposes only. Actual products offered for sale may vary in use, design, required attachments and safety features. See distributor for details on all warranties. Page 340 of 940 THE TORO COMPANY City of Mesa 1 City of Mesa RFP for: Grounds Maintenance, Equipment, Parts, Accessories, Supplies, Related Services and Equipment Solicitation # 2017025 TAB 5 - Other Forms. The following forms should be completed and signed: 1. Attachment B: Required Response Form a. Vendor Information form b. Exceptions & Confidential Information form See attachment ‘Exceptions Taken’. c. General Questionnaire form d. Lawful Presence Affidavit e. Respondent Certification form (Offer and Acceptance) See Attachment B. 2. W-9 Form. All responses should include a fully completed, current W -9 form. Failure to include the W -9 will not disqualify your response, however the W -9 must be submitted to the City prior to the execution of any contract pursuant to this Solicitation. (http://www.irs.gov/pub/irs-pdf/fw9.pdf) W-9 attached. 3. The successful Respondent will be required to sign Attachment D, Exhibit B, National IPA Administration Agreement. The Agreement shall be signed no later than issuance of the City of Mesa’s Notice of Intent to Award letter. Respondent should complete all reviews of the document prior to submitting a response. Respondent’s response should include any proposed exceptions to the National IPA Administration Agreement. Included in Exceptions Document attached. Page 341 of 940 REQUIRED RESPONSE FORMS V7/14/2015 Required Response Forms – Page 1 of 5 2017025 VENDOR INFORMATION Company Legal/Corporate Name: The Toro Company Doing Business As (if different than above): Toro Address: 8111 Lyndale Ave South City: Bloomington State: MN Zip: 55420 Phone: 952-887-7936 Fax: E-Mail Address: peter.whitacre@toro.com Website: www.toro.com DUNS # 006477400 State Where Business Entity Was Formed: Delaware Remit to Address (if different than above): Order from Address (if different from above): Address: varies by dealer Address: varies by dealer City: City: State: Zip: State: Zip: Contact for Questions about this bid: Name: Peter Whitacre Title: Regional Business Manager Phone: 952-887-7936 E-Mail Address: peter.whitacre@toro.com Day-to-Day Project Contact (if awarded): Name: Jon Stodola Title: Government Sales Manager Phone: 952-887-7937 E-Mail Address: jon.stodola@toro,com Sales/Use Tax Information (check one). Respondent is located outside Arizona and does NOT collect Arizona State Sales/Use Tax. (The City will pay use tax directly to the Arizona Department of Revenue.) Respondent is located outside Arizona, but is authorized to collect Arizona Sales/Use Taxes. (Respondent will invoice the City the applicable sales tax and remit the tax to the appropriate taxing authorities.) State Sales Tax Number: City Sales Tax Number: City of: AZ Applicable Tax Rate: % Respondent is located in Arizona. (Respondent will invoice the City the applicable sales tax and remit the tax to the appropriate taxing authorities) State Sales Tax Number: 07-635557-U City Sales Tax Number: 16-00000563 City of: Goodyear AZ Applicable Tax Rate: variable based on purchase amount. Line items $5,000 or less taxed at 8.8%. Line items $5001 and greater taxed at 7.5%% Page 342 of 940 EXCEPTIONS & CONFIDENTIAL INFORMATION V7/14/2015 Required Response Forms – Page 2 of 5 2017025 Exceptions (mark one). Respondents shall indicate any and all exceptions taken to the provisions or specifications in this Solicitation. Exceptions that surface elsewhere in the Response and that do not also appear under this section shall be considered rejected by the City, invalid and of no contractual significance. Other Forms or Documents: If the City is required by the awarded Respondent to complete and execute any other forms or documents in relation to this Solicitation, the terms, conditions, and requirements in this Solicitation shall take precedence to any and all conflicting or modifying terms, conditions or requirements of the Respondents forms or documents. *Special Note – Any material exceptions taken to the City’s Specifications and/or Standard Terms and Conditions may render a Bid Non-responsive. No exceptions Exceptions Taken: Please describe exact sections to which exception is taken. If proposing new or modified language, your firm shall identify the requested language below or provide as additional attachment. The City reserves the right to accept or reject any requested exceptions listed in the below section or attached to the solicitation. see attachment 'Exception Taken' Confidential/Proprietary Information (mark one). No confidential/proprietary materials have been included with this Response. Confidential/Proprietary materials included with Response. Respondent must identify below any portion of their Response deemed confidential or proprietary and attach additional pages if necessary (See Mesa Standard Terms and Conditions related to Public Records). Requests to deem the entire bid as confidential will not be considered. The disclosure by the City of information deemed by Respondent as confidential or proprietary is governed by City of Mesa Procurement Rules. All pricing submitted with this RFP Page 343 of 940 GENERAL QUESTIONNAIRE V7/14/2015 Required Response Forms – Page 3 of 5 2017025 1. Compliance with Applicable Laws. Respondent complies with Exhibit 1, Draft Agreement, Exhibit C, Mesa Standard Terms & Conditions, 9. “Compliance with Applicable Laws”? Yes No 2. Delivery. Delivery, as stated in Detailed Specifications, can be met. Yes No If no, specify number of days for delivery 3. Payment terms. Payment Due (Not less than net 30 days): 30 Payment Discount of 0% if invoices are paid within days of receipt. 4. Procurement Card. Does Respondent allow payment of invoices using a Procurement Card? Yes No (Marking a “no” answer will not disqualify your Response.) Discount for Procurement Card Purchases? There is no discount for using Procurement Cards but there may be a convenience fee charged by the dealer% 5. Cooperative Purchasing. The use of this Agreement as a cooperative purchasing agreement available to other governmental agencies is described in the Mesa Standard Terms and Conditions. The use of this Agreement as a cooperative purchasing agreement is subject to approval by the Respondent as designated below. 6. Does Respondent agree to extend the prices, terms and conditions of the Agreement to other agencies as specified in the Standard Terms and Conditions? Yes No (Marking a “no” answer will not disqualify your Response.) Addenda. Respondents are responsible for verifying receipt of any addenda issued by checking the City’s website at www.mesaaz.gov/business/purchasing or the Vendor Self Service portal prior to the Response Due date and time. Failure to acknowledge any addenda issued may result in a response being deemed non- responsive. Failure to review addenda does not negate Respondent’s initial offer and holds Respondent for any changes prior to Response Due date and time. Acknowledgement of Receipt and Consideration of Addenda (if applicable): Addenda # 1 2 3 4 Page 344 of 940 LAWFUL PRESENCE AFFIDAVIT V7/14/2015 Required Response Forms – Page 4 of 5 2017025 CHECK HERE AND SKIP THIS AFFIDAVIT IF: Respondent is an LLC, a Corporation or a Partnership as indicated on your W -9. (Please include a copy of your W -9) COMPLETE THIS AFFIDAVIT IF: Respondent is an Individual (Natural Person) or a Sole Proprietor as indicated on your W -9. (Please include a copy of your W -9) ARS § 1-502 requires any person who applies to the City for a Local Public Benefit (defined as a Grant, Contract or Loan) must demonstrate through the presentation of one (1) of the following documents that he/she is lawfully present in the United States (See the Solicitation Instructions for more information). Please place a check mark next to the applicable document and present the document to the City employee. If mailing the response, attach a copy of the document to this Affidavit. (If the document says on its face that it may not be copied or you know for reasons of confidentiality that it cannot be copied, you will need to present the document in person to the City for review and signing of the affidavit.) 1. Arizona driver license issued after 1996. Print first 4 numbers/letters from license: 2. Arizona non-operating identification license. Print first 4 numbers/letters: 3. Birth certificate or delayed birth certificate issued in any state, territory or possession of the United States. Year of birth: Place of birth: 4. United States Certificate of Birth abroad. Year of birth: Place of birth: 5. United States passport. Print first 4 numbers/letters on Passport: 6. Foreign passport with a United States Visa. Print first 4 numbers/letters on Passport: Print first 4 numbers/letters on Visa: 7. I-94 form with a photograph. Print first 4 numbers on I-94: 8. United States Citizenship & Immigration Services Employment Authorization Document (EAD). Print first 4 numbers/letters on EAD: 9. Refugee travel document. Date of Issuance: Refugee Country: 10. United States Certificate of Naturalization. Print first 4 digits of CIS Reg. No.: 11. United States Certificate of Citizenship. Date of Issuance: Place of Issuance: 12. Tribal Certificate of Indian Blood. Date of Issuance: Name of Tribe: 13. Tribal or Bureau of Indian Affairs Affidavit of Birth. Year of Birth: Place of Birth: In accordance with the requirements of Arizona law, I do swear or affirm under penalty of perjury that I am lawfully present in the United States and that the document I presented to establish this presence is true. The Toro Company Signature Business/Company Name Brad Hamilton Print Name Verification of Attachment by City Staff: December 9, 2016 Date Signature Date Page 345 of 940 RESPONDENT CERTIFICATION V7/14/2015 Required Response Forms – Page 5 of 5 2017025 By submitting the Response and signing this Certification, the Respondent understands and certifies to all of the following: a) The information provided in Respondent’s Response it true and accurate to the best of Respondent’s knowledge. b) Respondent is under no legal prohibition that would prevent Respondent from contracting with the City of Mesa. c) Respondent has read and understands the Solicitation packet as a whole (including attachments, exhibits, and referenced documents) and: (i) can attest that Respondent is in compliance with the requirements of the Solicitation packet; and (ii) is capable of fully carrying out the requirements of the Solicitation as set forth in Respondent’s Response. d) To Respondent’s knowledge, Respondent and Respondent’s employees have no known, undisclosed conflicts of interest as defined by applicable law or City of Mesa Procurement Rules. If Respondent or Respondent employees have a known conflict of interest, Respondent has disclosed the conflict in its Response. e) Respondent did not engage in any anti-competitive practices related to its Response or the Solicitation. The prices offered by Respondent were independently developed without consultation or collusion with any other Respondents or potential Respondents. f) No gifts, payments or other consideration were made to any City employee, officer, elected official, agent, or consultant who has or may have a role in the procurement process for the services/materials covered by the Solicitation. g) Respondent grants the City of Mesa permission to copy all parts of its Response including, without limitation, any documents and materials copyrighted by Respondent: (i) for the City's use in evaluating the Response; and (ii) to be disclosed in response to a public records request under Arizona’s public records law (A.R.S. § 39-121 et. seq.) or other applicable law, subpoena, or other judicial process provided such disclosure is in accordance with City of Mesa Procurement Rule 6.13. h) If a contract is awarded to Respondent as a result of the Response submitted to the Solicitation Respondent will: i. Provide the materials or services specified in the Response in compliance with all applicable federal, state, and local statutes, rules and policies; ii. Honor all elements of the Response submitted by Respondent to the City including, but not limited to, the price and the materials/services to be provided; and iii. Enter into an agreement with the City based on the terms and conditions of the Solicitation and the Response, subject to any negotiated exceptions and terms. i) Respondent is current in all obligations due to the City including any amounts owed the City and any licenses/permits required for the general lawful conduct of business. Respondent shall acquire all licenses/permits necessary to lawfully conduct business specific to the Solicitation prior to the execution of a contract with the City pertaining to the Solicitation. j) The signatory of this Certification is an officer or duly authorized agent of Respondent with full power and authority to submit binding offers for the goods/services specified herein. Respondent intends by the submission of this Certification to be bound by the terms of the Certification, Solicitation, and Response, subject to any negotiated terms/exceptions. ACCEPTED AND AGREED TO BY RESPONDENT: Company Name: The Toro Company Signature: Printed Name: Brad Hamilton Title: Vice President Date: December 9, 2016 Page 346 of 940 THE TORO COMPANY City of Mesa 1 City of Mesa RFP for: Grounds Maintenance, Equipment, Parts, Accessories, Supplies, Related Services and Equipment Solicitation # 2017025 Attachment: Exceptions Taken Scope of Work; 3 General Requirements C. WARRANTY: Offeror shall warrant that all equipment and parts labeled as new and furnished in their bid/offer are newly manufactured and free from defects in material and workmanship for no less than one (1) year from the date the equipment is delivered or installed. Warranty shall also guarantee accepted trade standards of quality, fitness for the intended uses, and conformance to promises or specified specifications. No other express or implied warranty shall eliminate the vendor’s liability as stated herein. D. MAINT ENANCE FACILITIES: The equipment specified in this solicitation is dependent upon the availability of prompt professional service. In order to be considered for award, each potential contractor, or its dealers and/or distributors, is/are required to have existing maintenance facilities with sufficient parts inventory and trained technicians experienced in providing quality service on the equipment specified. Maintenance facilities are subject to inspection by the City to determine adequacy. E. VENDOR PARTS AND SERVICE: The Contractor or it’s dealers and/or distributors will maintain a factory authorized parts and service facility for normal and warranty service. The Contractor shall encourage it’s or it’s dealers and/or distributors be capable of providing to use their best efforts to provide parts within twenty-four (24) hours and shall be capable of being use their best efforts to be on site to respond to service requests within twenty-four (24) hours. Scope of Work; 4 Product Requirements C. DEFECTIVE PRODUCT: All defective products shall be replaced and exchanged by the Contractor. The cost of transportation, unpacking, inspection, re-packing, re-shipping or other like expenses shall be paid by the Contractor. Contractor should use reasonable efforts to deliver All replacement products must be received by to the City within seven (7) days of initial notification. Draft Document; Terms and Conditions; Exhibit 1 1.3 Delivery. City acknowledges that Ddelivery will be made by contractor’s dealers and/or distributors , which are independent businesses. Contractor will use reasonable efforts to encourage dealers and/or distributors to make delivery shall be made to the location(s) contained in the Scope of Work within 30 days after receipt of an order. 2. Scope of Work. Except as otherwise specified in this Agreement, Tthe Contractor will provide the necessary staff, services and associated resources to provide the City with the services, materials, and obligations attached to this Agreement as Exhibit A (“Scope of Work”) Contractor will be responsible for all costs and expenses incurred by Contractor that are incident to the performance of the Scope of Work unless otherwise stated in Exhibit A. Contractor will supply all equipment and instrumentalities necessary to perform the Scope of Work. If set forth in Exhibit A, the City will provide Contractor’s personnel with adequate workspace and such other related facilities as may be required by Contractor to carry out the Scope of Work. 5.2 Prices. All pricing shall be firm for the Term and all extensions or renewals of the Term except where otherwise provided in this Agreement, and include all costs of the Contractor providing the materials/service Page 347 of 940 THE TORO COMPANY City of Mesa 2 City of Mesa RFP for: Grounds Maintenance, Equipment, Parts, Accessories, Supplies, Related Services and Equipment Solicitation # 2017025 including transportation, insurance and warranty costs. No fuel surcharges will be accepted unless allowed in this Agreement. The City shall not be invoiced at prices higher than those stated in the Agreement. The Contractor further agrees that any reductions in the price of the materials or services covered by this Agreement will apply to the undelivered balance. The Contractor shall promptly notify the City of such price reductions. No price modifications will be accepted without proper request by the Contractor and response by the City’s Purchasing Division. Notwithstanding any of the other provisions in this Agreement, City acknowledges that products and services subject to this agreement, are provided by Contractor’s dealers and/or distributors, which are independent businesses and set their own prices. Contractor has no authority to set prices for it’s dealers and/or distributors. Contractor agrees to make the terms of this agreement known to applicable dealers and/or distributors and to use reasonable efforts to incent to provide goods and services to City subject to the terms of this agreement. 7. Requirements Contract. Contractor acknowledges and agrees the Agreement is a requirements contract; Tthe Agreement does not guarantee any purchases will be made (minimum or maximum). Orders will only be placed when the City identifies a need and issues a purchase order or a written notice to proceed. The City reserves the right to cancel purchase orders or a notice to proceed within a reasonable period of time of issuance prior to the time any product within the purchase order has been shipped; any such cancellation will be in writing. Should a purchase order or notice to proceed be canceled, the City agrees to reimburse Contractor for any actual and documented costs incurred by Contractor. The City will not reimburse Contractor for any avoidable costs incurred after receipt of cancellation including, but not limited to, lost profits, shipment of product, or performance of services. Exhibit 1 Draft Contract Exhibit C Mesa Standard Terms and Conditions 2. SUBCONTRACTING. Contractor may not subcontract work under this Agreement without the express written permission of the City. If Contractor has received authorization to subcontract work, it is agreed that all subcontractors performing work under the Agreement must comply with its provisions. Further, all agreements between Contractor and its subcontractors must provide that the terms and conditions of this Agreement be incorporated therein. Notwithstanding the foregoing, City acknowledges that products and services subject to this agreement are provided by Contractor’s dealers and/or distributors, which are independent businesses and set their own prices. Contractor has no authority to set prices for it’s dealers and/or distributors and no authority to require them to provide goods or services subject to this Agreement. 8._TIME OF THE ESSENCE. Time is of the essence to the performance of the parties’ obligations under this Agreement. City acknowledges Contractor cannot control the timing of delivery of products and services provided by Contractor’s dealers and/or distributors. Contractor agrees to use reasonable efforts to encourage its dealers and/or distributors to delivery products and services by contractually agreed upon delivery dates. 9. REMEDIES. The remedies set forth in this Agreement are not exclusive. Election of one remedy will not preclude the use of other remedies. In the event of default: a. The non-defaulting party may terminate the Agreement, and the termination will be effective immediately or at such other date as specified by the terminating party. b. The City may purchase the services required under the Agreement from the open market, complete required work itself, or have it completed at the expense of Contractor. If the cost of obtaining substitute services exceeds the contract price, the City may recover the reasonable excess cost by: (i) requiring immediate reimbursement to the City within a commercially Page 348 of 940 THE TORO COMPANY City of Mesa 3 City of Mesa RFP for: Grounds Maintenance, Equipment, Parts, Accessories, Supplies, Related Services and Equipment Solicitation # 2017025 reasonable amount of time; (ii) deduction from an unpaid balance due to Contractor; (iii) collection against the proposal and/or performance security, if any; (iv) collection against liquidated damages (if applicable); or (v) a combination of the aforementioned remedies or other remedies as provided by law. Costs includes any and all reasonable, fees, and expenses incurred in obtaining substitute services and expended in obtaining reimbursement, including, but not limited to, reasonable administrative expenses, attorneys’ fees, and costs. c. The non-defaulting party will have all other rights granted under this Agreement and all rights at law or in equity that may be available to it. d. Neither party will be liable for incidental, special, or consequential damages. 22. PAYMENT TO CONTRACTOR UPON TERMINATION. Upon termination of this Agreement, Contractor will be entitled only to payment for those goods and services performed provided up to the date of termination, and any authorized expenses already incurred up to such date of termination. The City will make final payment within thirty (30) calendar days after the City has both completed its appraisal of the materials and services provided and received Contractor’s properly prepared final invoice. 24. INDEMNIFICATION/LIABILITY. a. To the fullest extent permitted by law, Contractor agrees to defend, indemnify, and hold the City, its officers, agents, and employees, harmless from and against any and all liabilities, demands, claims, suits, losses, damages, causes of action, fines or judgments, including costs, attorneys’, witnesses’, and expert witnesses’ fees, and expenses incident thereto, relating to, arising out of, or resulting from: (i) the services provided by Contractor personnel under this Agreement; (ii) any grossly negligent acts, errors, mistakes or omissions by Contractor or Contractor personnel; and (iii) Contractor or Contractor personnel’s failure to comply with or fulfill the obligations established by this Agreement. 26. THE CITY’S RIGHT TO RECOVER AGAINST THIRD PARTIES. Contractor will do nothing to prejudice the City’s right to recover against third parties for any loss, destruction, or damage to City property, and will at the City’s request and expense, furnish to the City reasonable assistance and cooperation, including reaasonable assistance in the prosecution or defense of suit and the execution of instruments of assignment in favor of the City in obtaining recovery. Provided that none of the foregoing shall require contractor to incur more than a negligible expense. 31. FOB DESTINATION FREIGHT PREPAID AND ALLOWED. All deliveries will be FOB destination freight prepaid and allowed for the City of Mesa. All other agencies will be FOB Toro dealer and/or distributor unless otherwise agreed. 32. RISK OF LOSS. Contractor agrees to bear all risks of loss, injury, or destruction of goods or equipment incidental to providing these services and such loss, injury, or destruction will not release Contractor from any obligation hereunder to the City of Mesa. All other agencies will bear the risk of loss from dealer and/or distributor. 37. FORCE MAJEURE. Failure by either party to perform its duties and obligations will be excused by unforeseeable circumstances beyond its reasonable control, including, but not limited to, acts of nature, acts of the public enemy, civil unrest, labor strikes, riots, fire, explosion, legislation, and governmental regulation. The party whose performance is so affected will within five (5) calendar days of the unforeseeable circumstance notify the other party of all pertinent facts and identify the force majeure event. The party whose performance is so affected must also take all reasonable steps, promptly and diligently, to prevent such causes if it is feasible to do so, or to minimize or eliminate the effect thereof. The delivery or performance date will be extended for a period equal to the time lost by reason of delay, plus such additional time as may be reasonably necessary to overcome the effect of the delay, provided however, Page 349 of 940 THE TORO COMPANY City of Mesa 4 City of Mesa RFP for: Grounds Maintenance, Equipment, Parts, Accessories, Supplies, Related Services and Equipment Solicitation # 2017025 under no circumstances will delays caused by a force majeure extend beyond one hundred-twenty (120) calendar days from the scheduled delivery or completion date of a task unless agreed upon by the parties. National IPA Contract (Attachment D) Exceptions 2.1 Corporate Commitment Supplier commits that (1) the Master Agreement has received all necessary corporate authorizations and support of the Supplier’s executive management, (2) the Master Agreement is one of Supplier's primary “go to market” strategies y for Public Agencies, (3) the Master Agreement will be promoted to all Public Agencies, including any existing customers, and Supplier will transition existing customers, upon their request, to the Master Agreement, and (4) that the Supplier has read and agrees to the terms and conditions of the Administration Agreement with National IPA and will execute such agreement concurrent with and as a condition of its execution of the Master Agreement with the Principal Procurement Agency. Supplier will identify an executive corporate sponsor and a separate national account manager within the RFP response that will be responsible for the overall management of the Master Agreement. 2.2 Pricing Commitment Supplier commits the not-to-exceed pricing provided under the Master Agreement pricing is its lowest available (net to buyer) to Public Agencies nationwide and further commits that if a Participating Public Agency is eligible for lower pricing through a national, state, regional or local or cooperative contract for a purchase of equivalent scope, that the Supplier will match such lower pricing to that Participating Public Agency under the Master Agreement. 2.3 Sales Commitment Supplier commits to aggressively market the Master Agreement as one of its go to market strategiesy in this defined sector and that its sales force will be trained, engaged and committed to offering the Master Agreement to Public Agencies through National IPA nationwide. Supplier commits that all Master Agreement sales will be accurately and timely reported to National IPA in accordance with the National IPA Administration Agreement. Supplier also commits that its sales force will be compensated, including sales incentives, for sales to Public Agencies under the Master Agreement in a consistent or better manner compared to sales to Public Agencies if the Supplier were not awarded the Master Agreement. 2.4 Responsibilities of Independent Dealers and Distributors Notwithstanding any other provision in this Agreement, City acknowledges that products and services subject to this Agreement are provided by Contractor’s dealers and/or distributors which are independent businesses and set their own prices. Contractor has no authority to set prices, delivery dates, or other performance terms for its dealers and/or distributors. Contractor agrees to make the terms of this Agreement known to applicable dealers and/or distributors and to use reasonable efforts to encourage them to provide goods and services to City subject to the terms of this Agreement. 3.3 Marketing and Sales A. Provide a detailed ninety-day plan beginning from award date of the Master Agreement describing the strategy to immediately implement the Master Agreement as yourone of your company’s primary go to market strategy for Public Agencies to your teams nationwide, to include, but not limited to: i. Executive leadership endorsement and sponsorship of the award as the public sectorone of our primary go-to-market strategyies within first 10 days ii. Training and education of your national sales force with participation from the executive leadership of your company, along with the National IPA team within first 90 days N. Even though it is anticipated that many Public Agencies will be able to utilize the Master Agreement without further formal solicitation, there may be circumstances where Page 350 of 940 THE TORO COMPANY City of Mesa 5 City of Mesa RFP for: Grounds Maintenance, Equipment, Parts, Accessories, Supplies, Related Services and Equipment Solicitation # 2017025 Public Agencies will issue their own solicitations. The following options are available when responding to a solicitation for Products covered under the Master Agreement. i. Respond with Master Agreement pricing (Contract Sales reported to National IPA). ii. If competitive conditions require pricing lower than the standard Master Agreement not-to-exceed pricing, Supplier may respond with lower pricing through the Master Agreement. If Supplier is awarded the contract, the sales are reported as Contract Sales to National IPA under the Master Agreement. iii. Respond with pricing higher than Master Agreement only in the unlikely event that the Public Agency refuses to utilize Master Agreement (Contract Sales are not reported to National IPA). iv. If alternative or multiple proposals are permitted, respond with pricing higher than Master Agreement, and include Master Agreement as the alternate or additional proposal. iv.v. Respond to any bid separate from Master Agreement (Contract sales not reported to National IPA) Detail your strategies under these options when responding to a solicitation. Page 351 of 940 TO: All Proposers Receiving Request for Proposal (RFP) #2017025, GROUNDS MAINTENANCE EQUIPMENT, PARTS, ACCESSORIES, SUPPLIES, RELATED SERVICES AND EQUIPMENT FROM: Jess Romney, Procurement Officer JR DATE: December 5, 2016 SUBJECT: Addendum #2 – Vendor Questions and City’s Response All Proposers are hereby notified that the proposal for Grounds Maintenance Equipment, Parts, Accessories, Supplies, Related Services and Equipment has been revised by this addendum. Listed below are questions received from Vendors regarding this RFP and the responses provided by City staff. 1. Question: Tab 3; Instructions item 3g: Can you provide clarification on the Tier 4 EPA requirement? For those products that fall into the 25 to 74 HP off-road diesel category are you requiring the Tier 4 final engine? The equipment in this category with the Tier 4 final engines provide the most up to date emissions reductions. If that is what you are requiring can you update this section as such? Response: Equipment offered must be Tier 4 Compliant. 2. Question: Scope of Work item 4 Product Requirements, A5: In the Balance of Line section we would like to include those allied products that are attachments to our products but not manufactured by us. For example; we have mowing equipment manufactured by us that converts to a snow removing machine with attachments such as snow throwers and brooms made by another company specifically for use on our machines. Our dealers would price and order these products as part of the order and ship in total to the customer. By allowing those items a customer can purchase the fully equipped machine through this contract. Is this allowable in this section? Response: Yes, this is allowable. 3. Question: Scope of Work Item 9: We request that you eliminate the second paragraph of this section so that price changes are not tied to the PPI or to the contract anniversary date. For contracts that are based on a discount off MSRP, tying increases to a PPI makes the management of a price file very difficult as the PPI does not normally reflect our actual price changes. Also, the ability to change pricing when the manufacturer changes pricing is also helpful in maintaining current pricing. Deleting the second paragraph of this section would effectively cover these two requests to price adjustments. Response: The Scope of Work Item 9 is changed as follows. 9. PRICING: a. Prices. All pricing shall be firm for the Term and all extensions or renewals of the Term except where otherwise provided in this Agreement, and include all costs of the Contractor providing the materials/service including transportation, insurance and warranty costs. No fuel surcharges will be accepted unless allowed in this Agreement. The City shall not be invoiced at prices higher than those stated in the Agreement. The Contractor further agrees that any reductions in the price of the materials or services covered by this Agreement will apply to the undelivered balance. The Contractor shall promptly notify the City of such price reductions. Page 352 of 940 Addendum No. 2 to RFP No. 2017025, Grounds Maintenance Equipment, Parts, Accessories, Supplies, Related Services and Equipment Page 2 No price modifications will be accepted without proper request by the Contractor and response by the City’s Purchasing Division. b. Price Adjustment. Any requests for reasonable price adjustments must be submitted in accordance with this section. Requests for adjustment in cost of labor and/or materials must be supported by appropriate documentation. There is no guarantee the City will accept a price adjustment therefore Contractor should be prepared for the Pricing to be firm over the Term of the Agreement. The City is only willing to entertain price adjustments based on an increase to Contractor’s actual expenses or other reasonable adjustment in providing the services/materials under the Agreement. If the City agrees to the adjusted price terms, the City shall issue written approval of the change. During the 60-day period prior to Contract expiration of the Agreement, the Contractor may submit a written request to the City to allow an increase to the prices in an amount not to exceed the twelve-month change in the Producer Price Index for Lawn and Garden Equipment Mfg. (333112333112), Not Seasonally Adjusted as published by the U.S. Department of Labor, Bureau of Labor Statistics (http://www.bls.gov/ppi/home.htm ). The City shall review the request for adjustment and respond in writing; such response and approval shall not be unreasonably withheld. c. Renewal and Extension Pricing. Any extension of the Agreement will be at the same pricing as the initial Term. If the Agreement is renewed in accordance with Section 1, pricing may be adjusted for amounts other than inflation that represent actual costs to the Contractor based on the mutual agreement of the parties. The Contractor may submit a request for a price adjustment along with appropriate supporting documentation demonstrating the cost to the Contractor. Renewal prices shall be firm for the term of the renewal period and may be adjusted thereafter as outlined in the previous section. There is no guarantee the City will accept a price adjustment. All other terms and conditions remain unchanged. Respondents are reminded that proposals are due in the Purchasing Office no later than 3:00 p.m. local Arizona time on December 14, 2016. Please contact Jess.Romney@MesaAZ.gov or Evan.Karl@MesaAZ.gov with any questions you may have regarding this addendum. cc: File Page 353 of 940 TO: All Proposers Receiving Request for Proposal (RFP) #2017025, GROUNDS MAINTENANCE EQUIPMENT, PARTS, ACCESSORIES, SUPPLIES, RELATED SERVICES AND EQUIPMENT FROM: Jess Romney, Procurement Officer JR DATE: November 7, 2016 SUBJECT: Addendum #1 – Change to Evaluation and Award section and Revised Pricing and Compensation pages All Proposers are hereby notified that the proposal for Grounds Maintenance Equipment, Parts, Accessories, Supplies, Related Services and Equipment has been revised by this addendum. The Instruction section of the is changed as follows: 27. CRITERIA FOR EVALUATION AND AWARD: a. The criteria that will be evaluated and their relative weights are: Evaluation Criteria Points Firm’s Proposed Solution 40 Firm’s Qualifications & Experience 30 Firm’s Pricing • 20 points Equipment • 10 points Parts 30 Pricing will be evaluated based on the below equation: Lowest Proposal Cost X Price Points Possible = Pricing Score Proposal Cost being evaluated b. If less than three (3) Responses to a Solicitation are deemed responsive by the City, at the City’s sole discretion, the Responses may be evaluated using simple comparative analysis instead of any announced method of evaluation, subject to meeting administrative and responsibility requirements. c. Each Response will be evaluated based upon responsiveness and responsibility criteria. A failure to meet responsiveness or responsibility criteria will render a Respondent ineligible for award of a contract under the Solicitation. 1. Responsiveness. The City will determine whether the Response complies with the instructions for submitting a Response set forth in the Solicitation (i.e. the completeness of the Response which encompasses the inclusion of all required attachments and submissions). Responsiveness will also be examined as it pertains to items set forth in this Solicitation that state a Respondent may be deemed non-responsive based upon the content of their Response. The City will reject any Responses that are submitted late. Failure to meet any requirements in the Solicitation may result in rejection of a Response as non-responsive. 2. Responsibility. The City will determine whether a Respondent is one with whom the City should do business. Factors the City may evaluate to determine responsibility include, but are not limited to: an excessively high or low priced Response; past performance under any agreement with the City; references from any source including, but not limited to, those found outside the references listed in the Response and City employees, agents or officials who have experience with the Respondent; compliance Page 354 of 940 Addendum No. 1 to RFP No. 2017025, Grounds Maintenance Equipment, Parts, Accessories, Supplies, Related Services and Equipment Page 2 with applicable laws; Respondent’s record of performance and integrity (e.g. has the Respondent been delinquent or unfaithful to any contract with the City, whether the Respondent is qualified legally to contract with the City, financial stability and the perceived ability to perform completely as specified). A Respondent must at all times have financial resources sufficient, in the opinion of the City, to ensure performance of the contract and must provide proof upon request. City staff may also use Dun & Bradstreet or any generally available industry information to evaluate the Respondent. The City reserves the right to inspect and review Respondent’s facilities, equipment and personnel and those of any identified subcontractors. The City will determine whether any failure to supply information, or the quality of the information, will result in Respondent being deemed non-responsible. d. Respondents who have a Transaction Privilege Tax license for Mesa and who, if awarded a contract, would charge the City TPT to be paid to Mesa, will have 1.75% removed from the taxable item(s) from the price set forth in the Response for the purpose of award evaluation. The awarded Respondent shall however charge the full amount of tax on their invoice(s). This consideration does not apply to: 1. Construction procurements or any other procurement done using Arizona Revised Statutes Title 34 processes. 2. Purchases using federal or other funds where the agreement that provided the funds precludes any local consideration or preference. Please note as part of this addendum Revised Pricing and Compensation pages have been included. (see below) Changes were made to reflect changes to the Instructions section of the RFP. 2017025 Revised Pricing and Compen All other terms and conditions remain unchanged. Respondents are reminded that proposals are due in the Purchasing Office no later than 3:00 p.m. local Arizona time on December 14, 2016. Please contact Jess.Romney@MesaAZ.gov or Evan.Karl@MesaAZ.gov with any questions you may have regarding this addendum. cc: File Page 355 of 940 ITEM # EQUIPMENT DESCRIPTION UNIT PRICE Bunker Rake, as per specifications $ - MANUFACTURER AND MODEL NUMBER Heavy Duty Utility Vehicle, as per specifications $ - MANUFACTURER AND MODEL NUMBER Surrounds Mower, as per specifications $ - MANUFACTURER AND MODEL NUMBER Triplex Greens Mower, as per specifications $ - MANUFACTURER AND MODEL NUMBER Wide Area Rotary Mower, as per specifications $ - MANUFACTURER AND MODEL NUMBER Fairway Mower, as per specifications $ - MANUFACTURER AND MODEL NUMBER EQUIPMENT TOTAL FOR ITEMS 1-6 $ - REVISED PRICING AND COMPENSATION SAMPLE EQUIPMENT PRICING 1 2 3 4 5 6 Pursuant to all the contract specifications enumerated and described in this Solicitation, Respondent agrees to furnish GROUNDS MAINTENANCE EQUIPMENT, PARTS, ACCESSORIES, SUPPLIES, RELATED SERVICES AND RELATED EQUIPMENT to the City of Mesa at the price(s) stated below. This Section of the Price Page lists Sample Equipment (Attachment C) that will likely be purchased under the contract. This list is not all-inclusive. Offerors shall use the discounts provided in their Price Proposal to determine the price for the items below. Page 356 of 940 ITEM # PARTS DESCRIPTION UNIT PRICE 7 Air Filter for Bunker Rank (see item 1) $ - MANUFACTURER AND PART NUMBER 8 Rake plate for Bunker Rank (see item 1) $ - MANUFACTURER AND PART NUMBER 9 Hydraulic Filter for Utility Vehicle (see item 2) $ - MANUFACTURER AND PART NUMBER 10 Oil Filter for Utility Vehicle (see item 2) $ - MANUFACTURER AND PART NUMBER 11 Rotary Blade for Surrounds Mower (see item 3) $ - MANUFACTURER AND PART NUMBER 12 Roller for Surrounds Mower (see item 3) $ - MANUFACTURER AND PART NUMBER 13 Bed Knife for Triplex Greens Mower (see item 4) $ - MANUFACTURER AND PART NUMBER 14 Hydraulic Filter for Triplex Greens Mower (see item 4) $ - MANUFACTURER AND PART NUMBER 15 Bed Knife for Wide Area Rotary Mower (see item 5) $ - MANUFACTURER AND PART NUMBER This Section of the Price Page lists Sample Parts for the equipment listed above (Items 1 thru 6) that will likely be purchased under the contract. This list is not all-inclusive. Offerors shall use the discounts provided in their Price Proposal to determine the price for the items below . SAMPLE PARTS PRICING Page 357 of 940 16 Fuel Filter for Wide Area Rotary Mower (see item 5) $ - MANUFACTURER AND PART NUMBER 17 Fan Belt for Fairway Mower (see item 6) $ - MANUFACTURER AND PART NUMBER 18 Water Pump for Fairway Mower (see item 6) $ - MANUFACTURER AND PART NUMBER PARTS TOTAL FOR ITEMS 7-18 $ - LIST CATEGORY DISCOUNT OFF A SPORTS FIELDS AND GROUNDS EQUIPMENT B GOLF COURSE MAINTENANCE EQUIPMENT C RELATED EQUIPMENT PARTS D USED EQUIPMENT For each of the product categories, provide a listing of product lines and the proposed discount off list price. Offeror’s may insert additional lines as needed. DISCOUNT OFF LIST PRICE Page 358 of 940 E BALANCE OF LINE DELIVERY: See Mesa Standard Terms and Conditions. Vendor Name ________________________________ Date: _______________ RFP # 201702511/7/2016 Page 359 of 940 TO: All Proposers Receiving Request for Proposal (RFP) #2017025, GROUNDS MAINTENANCE EQUIPMENT, PARTS, ACCESSORIES, SUPPLIES, RELATED SERVICES AND EQUIPMENT FROM: Jess Romney, Procurement Officer JR DATE: December 5, 2016 SUBJECT: Addendum #2 – Vendor Questions and City’s Response All Proposers are hereby notified that the proposal for Grounds Maintenance Equipment, Parts, Accessories, Supplies, Related Services and Equipment has been revised by this addendum. Listed below are questions received from Vendors regarding this RFP and the responses provided by City staff. 1. Question: Tab 3; Instructions item 3g: Can you provide clarification on the Tier 4 EPA requirement? For those products that fall into the 25 to 74 HP off-road diesel category are you requiring the Tier 4 final engine? The equipment in this category with the Tier 4 final engines provide the most up to date emissions reductions. If that is what you are requiring can you update this section as such? Response: Equipment offered must be Tier 4 Compliant. 2. Question: Scope of Work item 4 Product Requirements, A5: In the Balance of Line section we would like to include those allied products that are attachments to our products but not manufactured by us. For example; we have mowing equipment manufactured by us that converts to a snow removing machine with attachments such as snow throwers and brooms made by another company specifically for use on our machines. Our dealers would price and order these products as part of the order and ship in total to the customer. By allowing those items a customer can purchase the fully equipped machine through this contract. Is this allowable in this section? Response: Yes, this is allowable. 3. Question: Scope of Work Item 9: We request that you eliminate the second paragraph of this section so that price changes are not tied to the PPI or to the contract anniversary date. For contracts that are based on a discount off MSRP, tying increases to a PPI makes the management of a price file very difficult as the PPI does not normally reflect our actual price changes. Also, the ability to change pricing when the manufacturer changes pricing is also helpful in maintaining current pricing. Deleting the second paragraph of this section would effectively cover these two requests to price adjustments. Response: The Scope of Work Item 9 is changed as follows. 9. PRICING: a. Prices. All pricing shall be firm for the Term and all extensions or renewals of the Term except where otherwise provided in this Agreement, and include all costs of the Contractor providing the materials/service including transportation, insurance and warranty costs. No fuel surcharges will be accepted unless allowed in this Agreement. The City shall not be invoiced at prices higher than those stated in the Agreement. The Contractor further agrees that any reductions in the price of the materials or services covered by this Agreement will apply to the undelivered balance. The Contractor shall promptly notify the City of such price reductions. Page 360 of 940 Addendum No. 2 to RFP No. 2017025, Grounds Maintenance Equipment, Parts, Accessories, Supplies, Related Services and Equipment Page 2 No price modifications will be accepted without proper request by the Contractor and response by the City’s Purchasing Division. b. Price Adjustment. Any requests for reasonable price adjustments must be submitted in accordance with this section. Requests for adjustment in cost of labor and/or materials must be supported by appropriate documentation. There is no guarantee the City will accept a price adjustment therefore Contractor should be prepared for the Pricing to be firm over the Term of the Agreement. The City is only willing to entertain price adjustments based on an increase to Contractor’s actual expenses or other reasonable adjustment in providing the services/materials under the Agreement. If the City agrees to the adjusted price terms, the City shall issue written approval of the change. During the 60-day period prior to Contract expiration of the Agreement, the Contractor may submit a written request to the City to allow an increase to the prices in an amount not to exceed the twelve-month change in the Producer Price Index for Lawn and Garden Equipment Mfg. (333112333112), Not Seasonally Adjusted as published by the U.S. Department of Labor, Bureau of Labor Statistics (http://www.bls.gov/ppi/home.htm ). The City shall review the request for adjustment and respond in writing; such response and approval shall not be unreasonably withheld. c. Renewal and Extension Pricing. Any extension of the Agreement will be at the same pricing as the initial Term. If the Agreement is renewed in accordance with Section 1, pricing may be adjusted for amounts other than inflation that represent actual costs to the Contractor based on the mutual agreement of the parties. The Contractor may submit a request for a price adjustment along with appropriate supporting documentation demonstrating the cost to the Contractor. Renewal prices shall be firm for the term of the renewal period and may be adjusted thereafter as outlined in the previous section. There is no guarantee the City will accept a price adjustment. All other terms and conditions remain unchanged. Respondents are reminded that proposals are due in the Purchasing Office no later than 3:00 p.m. local Arizona time on December 14, 2016. Please contact Jess.Romney@MesaAZ.gov or Evan.Karl@MesaAZ.gov with any questions you may have regarding this addendum. cc: File Page 361 of 940 TO: All Proposers Receiving Request for Proposal (RFP) #2017025, GROUNDS MAINTENANCE EQUIPMENT, PARTS, ACCESSORIES, SUPPLIES, RELATED SERVICES AND EQUIPMENT FROM: Jess Romney, Procurement Officer JR DATE: November 7, 2016 SUBJECT: Addendum #1 – Change to Evaluation and Award section and Revised Pricing and Compensation pages All Proposers are hereby notified that the proposal for Grounds Maintenance Equipment, Parts, Accessories, Supplies, Related Services and Equipment has been revised by this addendum. The Instruction section of the is changed as follows: 27. CRITERIA FOR EVALUATION AND AWARD: a. The criteria that will be evaluated and their relative weights are: Evaluation Criteria Points Firm’s Proposed Solution 40 Firm’s Qualifications & Experience 30 Firm’s Pricing • 20 points Equipment • 10 points Parts 30 Pricing will be evaluated based on the below equation: Lowest Proposal Cost X Price Points Possible = Pricing Score Proposal Cost being evaluated b. If less than three (3) Responses to a Solicitation are deemed responsive by the City, at the City’s sole discretion, the Responses may be evaluated using simple comparative analysis instead of any announced method of evaluation, subject to meeting administrative and responsibility requirements. c. Each Response will be evaluated based upon responsiveness and responsibility criteria. A failure to meet responsiveness or responsibility criteria will render a Respondent ineligible for award of a contract under the Solicitation. 1. Responsiveness. The City will determine whether the Response complies with the instructions for submitting a Response set forth in the Solicitation (i.e. the completeness of the Response which encompasses the inclusion of all required attachments and submissions). Responsiveness will also be examined as it pertains to items set forth in this Solicitation that state a Respondent may be deemed non-responsive based upon the content of their Response. The City will reject any Responses that are submitted late. Failure to meet any requirements in the Solicitation may result in rejection of a Response as non-responsive. 2. Responsibility. The City will determine whether a Respondent is one with whom the City should do business. Factors the City may evaluate to determine responsibility include, but are not limited to: an excessively high or low priced Response; past performance under any agreement with the City; references from any source including, but not limited to, those found outside the references listed in the Response and City employees, agents or officials who have experience with the Respondent; compliance Page 362 of 940 Addendum No. 1 to RFP No. 2017025, Grounds Maintenance Equipment, Parts, Accessories, Supplies, Related Services and Equipment Page 2 with applicable laws; Respondent’s record of performance and integrity (e.g. has the Respondent been delinquent or unfaithful to any contract with the City, whether the Respondent is qualified legally to contract with the City, financial stability and the perceived ability to perform completely as specified). A Respondent must at all times have financial resources sufficient, in the opinion of the City, to ensure performance of the contract and must provide proof upon request. City staff may also use Dun & Bradstreet or any generally available industry information to evaluate the Respondent. The City reserves the right to inspect and review Respondent’s facilities, equipment and personnel and those of any identified subcontractors. The City will determine whether any failure to supply information, or the quality of the information, will result in Respondent being deemed non-responsible. d. Respondents who have a Transaction Privilege Tax license for Mesa and who, if awarded a contract, would charge the City TPT to be paid to Mesa, will have 1.75% removed from the taxable item(s) from the price set forth in the Response for the purpose of award evaluation. The awarded Respondent shall however charge the full amount of tax on their invoice(s). This consideration does not apply to: 1. Construction procurements or any other procurement done using Arizona Revised Statutes Title 34 processes. 2. Purchases using federal or other funds where the agreement that provided the funds precludes any local consideration or preference. Please note as part of this addendum Revised Pricing and Compensation pages have been included. (see below) Changes were made to reflect changes to the Instructions section of the RFP. 2017025 Revised Pricing and Compen All other terms and conditions remain unchanged. Respondents are reminded that proposals are due in the Purchasing Office no later than 3:00 p.m. local Arizona time on December 14, 2016. Please contact Jess.Romney@MesaAZ.gov or Evan.Karl@MesaAZ.gov with any questions you may have regarding this addendum. cc: File Page 363 of 940 ITEM # EQUIPMENT DESCRIPTION UNIT PRICE Bunker Rake, as per specifications $ - MANUFACTURER AND MODEL NUMBER Heavy Duty Utility Vehicle, as per specifications $ - MANUFACTURER AND MODEL NUMBER Surrounds Mower, as per specifications $ - MANUFACTURER AND MODEL NUMBER Triplex Greens Mower, as per specifications $ - MANUFACTURER AND MODEL NUMBER Wide Area Rotary Mower, as per specifications $ - MANUFACTURER AND MODEL NUMBER Fairway Mower, as per specifications $ - MANUFACTURER AND MODEL NUMBER EQUIPMENT TOTAL FOR ITEMS 1-6 $ - REVISED PRICING AND COMPENSATION SAMPLE EQUIPMENT PRICING 1 2 3 4 5 6 Pursuant to all the contract specifications enumerated and described in this Solicitation, Respondent agrees to furnish GROUNDS MAINTENANCE EQUIPMENT, PARTS, ACCESSORIES, SUPPLIES, RELATED SERVICES AND RELATED EQUIPMENT to the City of Mesa at the price(s) stated below. This Section of the Price Page lists Sample Equipment (Attachment C) that will likely be purchased under the contract. This list is not all-inclusive. Offerors shall use the discounts provided in their Price Proposal to determine the price for the items below. Page 364 of 940 ITEM # PARTS DESCRIPTION UNIT PRICE 7 Air Filter for Bunker Rank (see item 1) $ - MANUFACTURER AND PART NUMBER 8 Rake plate for Bunker Rank (see item 1) $ - MANUFACTURER AND PART NUMBER 9 Hydraulic Filter for Utility Vehicle (see item 2) $ - MANUFACTURER AND PART NUMBER 10 Oil Filter for Utility Vehicle (see item 2) $ - MANUFACTURER AND PART NUMBER 11 Rotary Blade for Surrounds Mower (see item 3) $ - MANUFACTURER AND PART NUMBER 12 Roller for Surrounds Mower (see item 3) $ - MANUFACTURER AND PART NUMBER 13 Bed Knife for Triplex Greens Mower (see item 4) $ - MANUFACTURER AND PART NUMBER 14 Hydraulic Filter for Triplex Greens Mower (see item 4) $ - MANUFACTURER AND PART NUMBER 15 Bed Knife for Wide Area Rotary Mower (see item 5) $ - MANUFACTURER AND PART NUMBER This Section of the Price Page lists Sample Parts for the equipment listed above (Items 1 thru 6) that will likely be purchased under the contract. This list is not all-inclusive. Offerors shall use the discounts provided in their Price Proposal to determine the price for the items below . SAMPLE PARTS PRICING Page 365 of 940 16 Fuel Filter for Wide Area Rotary Mower (see item 5) $ - MANUFACTURER AND PART NUMBER 17 Fan Belt for Fairway Mower (see item 6) $ - MANUFACTURER AND PART NUMBER 18 Water Pump for Fairway Mower (see item 6) $ - MANUFACTURER AND PART NUMBER PARTS TOTAL FOR ITEMS 7-18 $ - LIST CATEGORY DISCOUNT OFF A SPORTS FIELDS AND GROUNDS EQUIPMENT B GOLF COURSE MAINTENANCE EQUIPMENT C RELATED EQUIPMENT PARTS D USED EQUIPMENT For each of the product categories, provide a listing of product lines and the proposed discount off list price. Offeror’s may insert additional lines as needed. DISCOUNT OFF LIST PRICE Page 366 of 940 E BALANCE OF LINE DELIVERY: See Mesa Standard Terms and Conditions. Vendor Name ________________________________ Date: _______________ RFP # 201702511/7/2016 Page 367 of 940 NOTICE OF SOLICITATION SOLICITATION # 2017025 Publish Date: October 25, 2016 REQUEST FOR PROPOSAL FOR: GROUNDS MAINTENANCE EQUIPMENT, PARTS, ACCESSORIES, SUPPLIES, RELATED SERVICES AND EQUIPMENT PROPOSAL DUE DATE AND TIME: DECEMBER 14, 2016 – 3:00 P.M. LOCAL ARIZONA TIME Notice is hereby given sealed proposals will be received by the Purchasing Division, City of Mesa, Mesa City Plaza, 20 East Main Street, Suite #400, Mesa, Arizona 85201, until the date and time cited above. Proposals received by the correct date and time will be opened publicly and read aloud by the Purchasing Division’s Procurement Administrator (or designated representative). NON MANDATORY PRE-PROPOSAL CONFERENCE: Date and Time: November 15, 2016 8:00 am Local Arizona Time Conference Number: Join by phone: 480-644-6120 Conference ID 319405 Location: Mesa City Plaza 20 E Main St, Room #450 North Mesa AZ, 85201 Please read the entire solicitation package and submit the proposal in accordance with the instructions. This document (less this invitation and the instructions) and any required response documents, attachments, and submissions will constitute the proposal. Proposal envelopes with insufficient postage will not be accepted by the City of Mesa. Proposals must be in the actual possession of the Purchasing Division Office at the location indicated, on or prior to the exact date and time indicated above. Late submittals shall not be considered under any circumstances. Questions concerning this solicitation should be directed, IN WRITING, to the following Purchasing contacts or their designees: Technical Questions: General or Process Questions: Jess Romney, CPPB Evan Karl Procurement Officer Procurement Specialist PHONE: 480-644-5798 PHONE: 480-644-5010 FAX: (480) 644-2655 FAX: (480) 644-2655 Jess.Romney@MesaAZ.gov Evan.Karl@MesaAZ.gov NOTE: THE CITY OF MESA PUBLISHES ITS SOLICITATIONS, ATTACHMENTS, AND ADDENDA ONLINE AND THEY ARE AVAILABLE FOR VIEWING AND/OR DOWNLOADING AT THE FOLLOWING INTERNET ADDRESS: http://www.mesaaz.gov/business/purchasing All vendors wishing to conduct business with the City are required to register and maintain all information used for the notification of solicitation opportunities and issuance of payment in the Vendor Self Service (VSS) system. To register and view additional vendor information, go to http://mesaaz.gov/business/purchasing/vendor-self-service. Page 368 of 940 TABLE OF CONTENTS 2017025 Page 2 of 41 PAGE NOTICE 1 TABLE OF CONTENTS 2 SECTIONS: INSTRUCTIONS 3 - 13 SCOPE OF WORK 14 - 19 ATTACHMENTS: ATTACHMENT A PRICING 20 ATTACHMENT B REQUIRED RESPONSE FORMS 21 ATTACHMENT C SAMPLE EQUIPMENT SPECIFICATIONS 22 ATTACHMENT D NATIONAL IPA DOCUMENTS 23 EXHIBITS: EXHIBIT 1 DRAFT CONTRACT 24 - 40 EXHIBIT 2 MAILING LABEL (HARD COPY RESPONSE) 41 Page 369 of 940 INSTRUCTIONS 2017025 Page 3 of 41 1. GENERAL: Please read the entire Solicitation package and all attachments before submitting a Response. Responses must be in accordance with the provisions, specifications and instructions set forth herein and will be accepted until the date and time the Response is due. 2. VENDOR QUESTIONS: All questions regarding the contents of this Solicitation, and Solicitation process (including requests for ADA accommodations), must be directed solely to the Procurement Officer or the Purchasing Administrator. Questions should be submitted in writing via letter, fax or email. Questions received less than seven (7) calendar days prior to the due date and time for Responses may be answered at the discretion of the City. 3. INSTRUCTIONS FOR PREPARING AND SUBMITTING RESPONSE: Respondents will have the option to submit their responses either electronically or physically through hard copy response. Respondents shall provide their Responses in accordance with the following form and content requirements: ELECTRONIC RESPONSE: a. Responses shall be submitted through the City of Mesa’s Purchasing Website at http://www.mesaaz.gov/business/purchasing/bid-opportunities under the appropriate solicitation opportunity. Submissions submitted elsewhere or under the wrong solicitation will not be considered. b. Responses must be signed by an authorized representative of Respondent with the authority to bind Respondent to make such commitments to the City set forth in the Response. c. Responses should be specific to the Solicitation and present details on all requested information in a concise manner. OR: HARD COPY RESPONSE: a. Submit one (1) signed original hardcopy of all Response documents along with three (3) copies. Do not use spiral binding or comb binding on Responses or any Response documents. Three-ring binders are preferred for large submissions. b. Submit two (2) CD or flash drive providing all Response documents in PDF, Word, and Excel (utilize Excel only if spreadsheets/graphs/charts are included as a part of the Response). c. All Responses must be signed, sealed and addressed to the Purchasing Division and Respondents shall address all Responses identified with a shipping address, serial number, and title in the following manner: City of Mesa Mesa City Plaza - Purchasing Division 20 East Main Street, Suite 400 Mesa, Arizona 85201 RFP - 2017025 GROUNDS MAINTENANCE EQUIPMENT, PARTS, ACCESSORIES, SUPPLIES, RELATED SERVICES AND EQUIPMENT d. Responses must be signed by an authorized representative of Respondent with the authority to bind Respondent to make such commitments to the City set forth in the Response. e. Responses should be specific to the Solicitation and present details on all requested information in a concise manner. Page 370 of 940 INSTRUCTIONS 2017025 Page 4 of 41 4. RESPONSE FORMAT: Table of Contents. Identify contents by tab and page number TAB 1 - Letter of Transmittal. A brief letter of transmittal should be submitted that includes the following information: 1. The Respondent’s understanding of the work to be performed. 2. A positive commitment to perform the service within the time period specified. 3. The names of key persons, representatives, project managers who will be the main contacts for the City regarding this Solicitation. TAB 2 - Qualifications. (Abilities, Experience and Expertise) The following information should be included: 1. A statement of Respondent’s qualifications, abilities, experience and expertise in providing the requested goods and services. a. A description of what qualifies Respondent, financial and otherwise, to provide the City with these services/materials for the required period of time, including information demonstrating Respondent has the appropriate staffing, necessary resources, and a history of demonstrated competence. Include: i. A brief history and description of your company. ii. The total number and location of sales persons employed by your firm. iii. Number and location of support centers (if applicable). b. An assessment of the Respondent’s ability to meet and satisfy the needs of the City, taking into consideration the requested services, additional services and expertise offered that exceed the requirements of the Solicitation, and the Respondent’s inability to meet any of the requirements of the specifications. c. References – A minimum of three (3) references, preferably from other public entities within the State of Arizona, for whom you have provided similar services. Include the name of the entity, contact person’s names, phone numbers, e-mail addresses, mailing addresses, type of service provided, and dates the services were provided. d. Provide a response to the national program. Include a detailed response to Attachment D, Exhibit A, National IPA response for National Cooperative contract. Responses should highlight experience, demonstrate a strong national presence, describe how Respondent will educate its national sales force about the contract, describe how products and services will be distributed Nationwide, include a plan for marketing the products and services Nationwide, and describe how volume will be tracked and reported to National IPA. The successful offeror will be required to sign Attachment D, Exhibit B, National IPA Administration Agreement. Offerors should have any reviews required to sign the document prior to submitting a response. Offeror’s response should include any proposal exceptions to the National IPA Administration Agreement. 2. Identification of senior and technical staff of Respondent to be assigned to the City. Staff named in the Response may not be substituted without permission of the City. Include in the Response resumes and relevant experience. 3. Please submit any additional qualification information that you feel is applicable to your qualifications and experience. TAB 3 - Program Description AND Method of Approach. Provide a detailed written response illustrating how your offer will meet the General Requirements of this solicitation for the City of Mesa and the national program. Clearly define the services/materials offered and Respondent’s method of approach to including, but not limited, to the following criteria: 1. Distribution Network a. Describe how your firm proposes to distribute the equipment, accessories, parts and provide services nationwide. Page 371 of 940 INSTRUCTIONS 2017025 Page 5 of 41 b. Identify all other companies/distributors/dealers or wholly owned subsidiaries that will be involved in processing, handling or shipping the products/services to Participating Public Agencies. c. Provide the number, size and location of your firm’s manufacturing, distribution facilities, warehouses, service facilities and retail networks as applicable. State the estimated dollar value of your inventory. d. Describe your delivery commitment. What are your standard delivery days? Identify and describe any exceptions. e. Identify the supplier(s) and their business location(s) that will service the City of Mesa’s account. f. Describe your dealer network and their role in providing products, services, etc. under the contract 2. Reporting. Describe Respondent’s reporting capabilities at the national level and Agency level. Provide sample standard reports. 3. Product Requirements. a. Provide a detailed written response illustrating how the equipment, accessories, parts, supplies and related services offered will meet the requirements of this solicitation for the City of Mesa and the national program. Offerors shall identify and describe the proposed product lines that meet the specifications located in the Product Requirements section of this solicitation (Section 4 of the Scope of Work). • SPORTS FIELDS AND GROUNDS EQUIPMENT • GOLF COURSE MAINTENANCE EQUIPMENT • RELATED EQUIPMENT PARTS • USED EQUIPMENT • BALANCE OF LINE b. Specify locations and availability of replacement parts, and state the maximum time required to provide and install replacement parts. Also state the estimated dollar value of your parts inventory. c. Detail any warranty and extended warranty programs available for both equipment and parts. If warranty agreements are required, please submit them, subject to negotiation by the City. d. Describe in your offering if you currently have or are in the process of developing Hybrid and/or all Electric equipment. e. Indicate if any of the equipment you are offering has received any awards or nominations for excellence. f. Describe how the innovation and technology of your equipment differs from other equipment in the industry. g. All equipment offered must meet the current minimum Tier 4 Environmental Protection Agency (EPA ) requirement. h. Describe how your firm will notify customers of new equipment, used equipment and services. i. Completed “Sample Equipment Specifications” (Attachment C) j. All bidders must submit complete manufacturers' descriptive literature regarding the equipment they propose to furnish in attachment C. The literature shall be sufficient in detail in order to allow a full and fair evaluation of the bid submitted. Failure to include this information may result in the bid being rejected. k. Submit all information that will aid the City in evaluating your proposal. 4. Services a. Provide a detailed written response illustrating how your firm or the authorized dealers will provide services to meet the requirements of this solicitation. Offerors should provide the proposed services that will meet the Service Requirements section of the Scope Work outlined in this solicitation. For each proposed category, describe and/or Page 372 of 940 INSTRUCTIONS 2017025 Page 6 of 41 provide details explaining your capabilities. In your response include information such as: b. Provide detailed information explaining your service capabilities. c. Provided detailed information explaining the service capabilities of your authorized dealers. d. Describe the maintenance programs offered. If a maintenance program is selected by the City, will your firm provide a loaner or rental machine if the machine is down for more than twenty-four (24) hours? e. Describe your preventative maintenance program (PMP) for each of the sample equipment (Attachment A). Provide the expected useful life and salvage value for each piece of equipment. Provide a list and per unit price of typical repair parts replaced during a piece of equipment’s useful life. In addition, submit life cycle costing information based on 2,000 annual hours of service. f. Describe your training programs. The proposed training program shall include but not be limited to: 1. How will equipment training be conducted? 2. Describe the training curriculum for the equipment operators. 3. Describe the training curriculum for the service technicians. 4. How will you accommodate various work shifts? 5. What type of documentation is provided with the proposed training? 6. Is a “train the trainer” program available? Is this training different than the regular initial training? Can training sessions be recorded for future use by the agency? g. Submit all information that will aid the City in evaluating your proposal. 7. Ordering and Invoices a. Describe your ordering capacity (telephone, fax, internet, etc.). Provide details of the capabilities of your E Commerce website including ability to display contract pricing, on-line ordering, order tracking, search options, order history, technical assistance, lists, technical data and documentation, identification of alternate green products, etc. b. Describe the equipment delivery process and your delivery commitment. What are standard equipment delivery timeframes? Are there cut off dates and how are these dates communicated to customers. c. Describe your invoicing process. Is electronic invoicing available? Is summary invoicing available? Are there other options on how an agency receives an invoice? Submit sample invoices. 8. Other a. Describe any government rebate programs that are offered. TAB 4 - Pricing and Compensation Forms. The cost portion of the Response should include the following criteria: 1. Provide a Price Proposal. See attachment A. 2. Describe in detail the proposed business pricing model(s). Include all pertinent details (formulas, definitions, data, audit criteria, etc.) to explain the benefits of the proposed model. Discuss how a participating agency will be able to verify (audit) that the net pricing received conforms to the model. 3. The City’s expectation is that the proposed pricing shall include delivery to Mesa and Participating Public Agencies. Based on your distribution network, explain the impact of such pricing to the City, Participating Public Agencies residing in large metropolitan areas and Participating Public Agencies residing in rural areas. Propose an optimal solution(s) that would provide Participating Public Agencies with the best pricing including freight costs. 4. The discount structure provided by the supplier is intended to remain constant throughout the term of the Contact. Discuss how often price lists are updated and provide a listing of Page 373 of 940 INSTRUCTIONS 2017025 Page 7 of 41 price list changes that have taken place over the last three (3) years. Discuss any known future price list changes or industry changes that will effect pricing over the next Five (5) years. 5. State if pricing is most favorable offered to government agencies. Describe how your firm will ensure this contract will continually offer the best pricing available to Participating Public Agencies. 6. Provide details of and propose additional discounts for volume orders, special manufacturer’s offers, minimum order quantity, free goods program, total annual spend, etc. 7. Provide information on any ordering methods – such as electronic ordering or payment via pCard or EFT – or other criteria which entitle the using agency to additional discounts off of a manufacturer’s price list. If so, please provide the percentage discount. 8. Provide your payment terms. These payment terms shall apply to all purchases and to all payment methods. TAB 5 - Other Forms. The following forms should be completed and signed: 1. Attachment B: Required Response Form a. Vendor Information form b. Exceptions & Confidential Information form c. General Questionnaire form d. Lawful Presence Affidavit e. Respondent Certification form (Offer and Acceptance) 2. W-9 Form. All responses should include a fully completed, current W -9 form. Failure to include the W -9 will not disqualify your response, however the W -9 must be submitted to the City prior to the execution of any contract pursuant to this Solicitation. (http://www.irs.gov/pub/irs-pdf/fw9.pdf) 3. The successful Respondent will be required to sign Attachment D, Exhibit B, National IPA Administration Agreement. The Agreement shall be signed no later than issuance of the City of Mesa’s Notice of Intent to Award letter. Respondent should complete all reviews of the document prior to submitting a response. Respondent’s response should include any proposed exceptions to the National IPA Administration Agreement. 5. RESPONSE CHECKLIST: This checklist is provided for your convenience. It is not necessary to return a copy with your Response. Only submit the requested forms and any other requested or descriptive literature. Response will be sent in time to be received by the City before the Response due date and time. Original and proper number of copies submitted Response container properly labeled Pricing and Compensation, math double-checked, form completed and included (Attachment A) Required Response Forms com pleted and included (Attachment B) Sample Equipment Specifications form com pleted and included (Attachment C) W-9 Request for Taxpayer Identification Number and Certification form completed and included (http://www.irs.gov/pub/irs-pdf/fw9.pdf) Warranty information, if applicable 6. ADDENDA: Any changes to the solicitation document will be in the form of an addendum. Addenda are posted on the City website. Contractors are cautioned to check the Purchasing Website or the Self Service portal for addenda prior to submitting their Response. The City will not be held responsible if a vendor fails to receive any addenda issued. The City shall not be responsible for any oral changes to these specifications made by any employees or officer of the City and Contractors are cautioned not to rely on any such changes. Failure to acknowledge receipt Page 374 of 940 INSTRUCTIONS 2017025 Page 8 of 41 of an addendum may result in disqualification of a Response. 7. RESPONSE OPENING: The City will open all Responses properly and timely submitted, and will record the names and other information specified by law and rule. No responsibility will attach to the City of Mesa, its employees or agents for premature opening of a Response that is not properly addressed and identified. All Responses become the property of the City and will not be returned except in the case of a late submission. Results, as read at the public opening, will be posted on the City website. Responses will be available to the public in accordance with the City Procurement Rules. 8. LATE RESPONSES: The Respondent assumes responsibility for having the Response delivered on time at the place specified. All Responses received after the Response Due date and time shall not be considered and will be returned unopened to the Respondent. The Respondent assumes the risk of any delay in the mail or in handling of the mail by employees of the City of Mesa, or any private courier, regardless whether sent by mail or by means of personal delivery. Respondents must allow adequate time to accommodate all registration and security screenings at the delivery site; a valid photo I.D. may be required. It shall not be sufficient to show that Respondent mailed or commenced delivery before the due date and time as the Response must be received by the City prior to the specified date/time. All times are Mesa, Arizona local times. Respondents agree to accept the time stamp in the City Purchasing Office as the official time. 9. RESPONSE FIRM TIME: Responses shall remain firm and unaltered after opening for 180 Days unless the time is extended or amended as agreed upon Respondent and the City. Examples of where an extension or amendment may be necessary include, but are not limited to: (i) contract negotiations with selected Respondent; (ii) submission of a Best and Final Offer by Respondent; (iii) City needing additional time to review responses. The City may accept the Response, subject to successful contract negotiations, at any time during this period. 10. LOBBYING PROHIBITION: Any communication regarding this Solicitation for the purpose of influencing the process or the award, between any person or affiliates seeking an award from this Solicitation and the City including, but not limited to, City Council, City employees, and consultants hired to assist the City in the Solicitation, is prohibited. This prohibition is imposed from the time of the first public notice of the Solicitation until the City cancels the Solicitation, rejects all Responses, awards a contract, or otherwise takes action which ends the Solicitation process. This section shall not prohibit public comment at any City Council meeting, study session, or City Council committee meeting. This prohibition shall not apply to Respondent-initiated communication with the contact(s) identified in the Solicitation or City-initiated communications for the purposes of conducting the procurement including, but not limited to, vendor conferences, clarification of Responses, presentations if provided pursuant to the Solicitation, requests for Best and Final Responses (as set forth in the City Procurement Rules), contract negotiations, protest/appeal resolution, or surveying non- responsive vendors. Violations of this provision shall be reported to the Purchasing Administrator. Persons violating this prohibition may be subject to a warning letter or rejection of their Response depending on the nature of the violation. 11. LAWFUL PRESENCE IN THE UNITED STATES: Arizona Revised Statutes § 1-501 and § 1-502 require all persons who will be awarded a contract (a Public Benefit as defined in 8 USC Section 1621) must demonstrate they are lawfully present in the United States. Person under the statute is defined as a natural person and therefore excludes Limited Liability Companies, Corporations, Partnerships, or other similar types of business entities as indicated on a W-9 form. Individuals (natural persons) or Sole Proprietorships must complete the affidavit in the “Required Response Forms” section of this Solicitation. Respondents that fail to provide a com pleted affidavit and provided the necessary documentation may be deemed non-responsive. Page 375 of 940 INSTRUCTIONS 2017025 Page 9 of 41 12. COMMENCEMENT OF WORK: If a Respondent begins any billable work prior to the City’s final approval and execution of the contract, Respondent does so at its own risk. 13. RESPONSIBILITY TO READ AND UNDERSTAND: Failure to read, examine and understand the Solicitation and any of its addenda will not excuse any failure to comply with the requirements of the Solicitation or any resulting contract, nor shall such failure be a basis for claiming additional compensation. The City is not responsible for and will not pay any costs associated with the preparation and submission of a Response. Respondents are cautioned to verify their Responses before submission, as amendments to or withdrawal of Responses submitted after time specified for opening of Responses may not be considered. The City will not be responsible for any Respondent errors or omissions. 14. FORM AND CONTENT OF RESPONSES: Responses may be submitted on-line (if the option is indicated), mailed or hand-delivered. E-mail or fax submissions will not be accepted. Unless otherwise instructed or allowed, Responses shall be submitted on the forms provided. An original and the designated number of copies of each Response are required. Responses, including modifications, must be submitted in ink, typed, electronically, or printed form and signed by an authorized representative of the Respondent. Please line through and initial rather than erase changes. Any modifications to the Solicitation must be identified in the “Exceptions” section of the required response forms. The City does not encourage exceptions. The City is not required to grant exceptions and depending on the exception, the City may reject the Response as non- responsive. The City reserves the right at its sole discretion to negotiate exceptions with a Respondent. If the Response is not properly signed or if any changes are not initialed, it may be considered non-responsive. In the event of a disparity between the unit price and the extended price, the unit price shall prevail unless obviously in error, as determined by the City. The City may require that Responses be submitted on disk, flash drive, or through electronic means. The Response must provide all information requested and must address all points set forth in the Solicitation. 15. SPECIFICATIONS: Technical specifications define the minimum acceptable standard. When the specification calls for “Brand Name or Equal,” the brand name product is acceptable. The use of a brand name is for the purpose of describing the standard of quality, performance, and characteristics desired and is not intended to limit or restrict competition. If a Respondent wishes to provide a material or service that is not the brand name, the equivalent material or service must meet the standard of quality of the brand name product, which is determined at the City’s sole discretion. Equivalent products will be considered upon showing the other product meets stated specifications and is equivalent to the brand name product in terms of quality, performance and desired characteristics. Products that are substantially equivalent to those brands designated will qualify for consideration. Minor differences that do not affect the suitability of the supply or service for the City’s needs may be accepted. Burden of proof that the product meets the minimum standards or is equal to the brand name product is on the Respondent. The City reserves the right to reject Responses that the City deems unacceptable for any reason. 16. MODIFICATION/WITHDRAWAL OF RESPONSE: Written requests to modify or withdraw a Response received by the City prior to the scheduled opening time for Responses will be accepted and will be corrected after the Response due date and time. No oral requests will be allowed. Requests must be addressed and labeled in the same manner as the Response and marked as a MODIFICATION or WITHDRAWAL of the Response. Requests for withdrawal after the Response Due date and time will only be granted upon proof of undue hardship and may result in the forfeiture of any Response security. Any withdrawal after the Response due date and time shall be allowed solely at the City’s discretion. 17. DEBARMENT DISCLOSURE: If the Respondent has been debarred, suspended, or otherwise Page 376 of 940 INSTRUCTIONS 2017025 Page 10 of 41 lawfully precluded from participating in any public procurement activity, including being disapproved as a subcontractor with any federal, state, or local government or agency, or if any such preclusion from participation from any public procurement activity is currently pending, the Respondent shall include a letter with its Response identifying the name and address of the governmental 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 suspension or debarment is currently pending, a detailed description of all relevant circumstances must be provided by the Respondent, including the details enumerated above. A Response from a Respondent who is currently debarred, suspended or otherwise lawfully prohibited from any public procurement activity may be rejected. Failure of a Respondent to disclose a debarment or suspension in accordance with this Section may result in the Response being disqualified for award of the Solicitation. 18. RESERVATIONS: The City reserves the right to reject any or all Responses or any part thereof; to re-issue the Solicitation; to reject non-responsive or non-responsible Responses; to reject unbalanced Responses; to reject Responses where the terms, prices, or awards are conditioned upon another event; to reject individual Responses for failure to meet any requirement; to award by item, part or portion of an item, group of items, or total; to make multiple awards; to waive minor irregularities, defects, omissions, informalities, technicalities or form errors in any Response; to conduct exclusive or concurrent negotiations of any terms, conditions, or exceptions taken by a Respondent or the terms of any agreement/document a Respondent would require the City to sign should Respondent be awarded a contract; and to reject Responses that are outside the City’s budgeted amount for the materials or services that are the subject of the Solicitation. The City may seek clarification of the Response from Respondent at any time, and failure to respond is cause for rejection. Submission of a Response confers no right to an award or to a subsequent contract. The City is charged by its Charter to make an award that is in the best interest of the City. All decisions on compliance, evaluation, terms and conditions shall be made solely at the City’s discretion and made to favor the City. No binding contract will exist between the Respondent and the City until the City executes a written contract or purchase order. 19. EXCEPTIONS TO A SOLICITATION: Changes to the Solicitation document requested by a Respondent may not be acknowledged or accepted by the City. Award or execution of a contract does not constitute acceptance of a changed term, condition or specification in the Solicitation unless specifically acknowledged and agreed to by the City. The copy of the Solicitation, including all addenda, maintained and published by the City shall be the official Solicitation document. Any exception to the Solicitation must be set forth in the “Exceptions” portion of the Response; any exceptions not indicated in the “Exceptions” portion of the Response will be deemed rejected by the City, void and of no contractual significance. The City reserves the right to: (i) reject any or all exceptions requested by a Respondent; (ii), determine a proposal non-responsive due to the exception(s) made by Respondent; (iii) enter into negotiations with a Respondent regarding any of the Respondent’s exceptions; or (iv) accept any or all of a Respondent’s exceptions outright. 20. COPYING OF RESPONSES: The Respondent hereby grants the City permission to copy all parts of its Response including, without limitation, any documents and/or materials copyrighted by the Respondent. The City’s right to copy shall be for internal use in evaluating the Response. 21. CONTRACTOR ETHICS: Contractors doing business with the City shall adhere to the Procurement Ethics Standards, Article 7 of the Procurement Rules. It is the policy of the City to promote courtesy, fairness, impartiality, integrity, service, professionalism, economy, and government by law in the Procurement process. The responsibility for implementing this policy rests with each individual who participates in the Procurement process, including Respondents and Contractors. The failure of a Respondent or Contractor to meet the ethical standards may result in the disqualification of award under the Solicitation or the termination of a contract with the City. To achieve the purpose of this Section, it is essential Respondents and Contractors doing business with the City observe the ethical standards prescribed herein and in the City Charter, Code Procurement Rules and Management Policy 200. It shall be a breach of ethical standards to: Page 377 of 940 INSTRUCTIONS 2017025 Page 11 of 41 a. Exert any effort to influence any City official, employee or agent to breach the standards of ethical conduct. b. Intentionally invoice any amount greater than provided in a contract or to invoice for materials or services not provided. c. Intentionally offer or provide sub-standard materials or services or to intentionally not comply with any term, condition, specification or other requirement of a City contract. 22. GIFTS: The City will accept no gifts, gratuities or advertising products from Respondents or prospective Respondents and affiliates. The City may request product samples from Respondents solely for the purpose of product evaluation. 23. EVALUATION PROCESS: Responses will be reviewed by a screening committee comprised of City employees and/or any agents authorized by the City to participate in the evaluation. City staff may initiate discussions with Respondents for clarification purposes; however, a request for clarification is not an opportunity for a Respondent to change the Response. A request for clarification from a Respondent does not guarantee clarification will be requested from any other Respondents. Respondents shall not initiate discussions with any City employee, agent or official as set forth in the Lobbying section of these instructions including, but not limited to, members of the evaluation committee. 24. PRESENTATIONS/INTERVIEWS: A Respondent must provide a formal presentation/interview upon request of the City. 25. SHORT-LISTING: The City, at its sole discretion, may create a short-list of the highest scored Responses based on a preliminary evaluation of the Responses against the evaluation criteria. Only those short-listed Respondents will be invited to give presentations/interviews. Upon conclusion of any presentations/interviews, the City will finalize the scoring against the evaluation criteria. 26. BEST AND FINAL OFFERS: The City may request Best and Final Offers if the City deems necessary and the City will determine the scope and subject of any Best and Final request. Respondents should not expect the City will always ask for Best and Final Offers. Therefore, all Respondents must submit their best offer based on the specifications, terms and conditions in the Solicitation. 27. CRITERIA FOR EVALUATION AND AWARD: a. The criteria that will be evaluated and their relative weights are: Evaluation Criteria Points Firm’s Proposed Solution 40 Firm’s Qualifications & Experience 30 Firm’s Pricing • 20 points Equipment • 10 points Parts 30 Pricing will be evaluated based on the below equation: Lowest Proposal Cost X Price Points Possible = Pricing Score Proposal Cost being evaluated b. If less than three (3) Responses to a Solicitation are deemed responsive by the City, at the City’s sole discretion, the Responses may be evaluated using simple comparative analysis instead of any announced method of evaluation, subject to meeting administrative and Page 378 of 940 INSTRUCTIONS 2017025 Page 12 of 41 responsibility requirements. c. Each Response will be evaluated based upon responsiveness and responsibility criteria. A failure to meet responsiveness or responsibility criteria will render a Respondent ineligible for award of a contract under the Solicitation. 1. Responsiveness. The City will determine whether the Response complies with the instructions for submitting a Response set forth in the Solicitation (i.e. the completeness of the Response which encompasses the inclusion of all required attachments and submissions). Responsiveness will also be examined as it pertains to items set forth in this Solicitation that state a Respondent may be deemed non-responsive based upon the content of their Response. The City will reject any Responses that are submitted late. Failure to meet any requirements in the Solicitation may result in rejection of a Response as non-responsive. 2. Responsibility. The City will determine whether a Respondent is one with whom the City should do business. Factors the City may evaluate to determine responsibility include, but are not limited to: an excessively high or low priced Response; past performance under any agreement with the City; references from any source including, but not limited to, those found outside the references listed in the Response and City employees, agents or officials who have experience with the Respondent; compliance with applicable laws; Respondent’s record of performance and integrity (e.g. has the Respondent been delinquent or unfaithful to any contract with the City, whether the Respondent is qualified legally to contract with the City, financial stability and the perceived ability to perform completely as specified). A Respondent must at all times have financial resources sufficient, in the opinion of the City, to ensure performance of the contract and must provide proof upon request. City staff may also use Dun & Bradstreet or any generally available industry information to evaluate the Respondent. The City reserves the right to inspect and review Respondent’s facilities, equipment and personnel and those of any identified subcontractors. The City will determine whether any failure to supply information, or the quality of the information, will result in Respondent being deemed non-responsible. d. Respondents who have a Transaction Privilege Tax license for Mesa and who, if awarded a contract, would charge the City TPT to be paid to Mesa, will have 1.75% removed from the taxable item(s) from the price set forth in the Response for the purpose of award evaluation. The awarded Respondent shall however charge the full amount of tax on their invoice(s). This consideration does not apply to: 1. Construction procurements or any other procurement done using Arizona Revised Statutes Title 34 processes. 2. Purchases using federal or other funds where the agreement that provided the funds precludes any local consideration or preference. 28. COST JUSTIFICATION: In the event only one Response to the Solicitation is received, the City may require the Respondent submit a cost offer in sufficient detail for the City to perform a cost/price analysis to determine if the Response price is fair and reasonable. 29. CONTRACT NEGOTIATIONS AND ACCEPTANCE: Respondent must be prepared for the City to accept the Response as submitted. If Respondent fails to sign all documents necessary to successfully execute the final contract within a reasonable time as specified, or negotiations do not result in an acceptable agreement, the City may reject the Response or revoke the award, and may begin negotiations with another Respondent. Final contract terms must be approved or signed by the appropriately authorized City official(s). No binding contract will exist between the Respondent and the City until the City executes a written contract or purchase order. 30. NOTICE OF INTENT TO AWARD: Notices of the City’s intent to award a contract are posted to the Purchasing Division’s website before 6:00 PM local time on Wednesdays. If Wednesday is a Page 379 of 940 INSTRUCTIONS 2017025 Page 13 of 41 holiday observed by the City, notice will be posted on Tuesday. It is the Respondent’s responsibility to check the City of Mesa Purchasing website at http://mesaaz.gov/business/purchasing to view Purchasing’s Intent to Award notices. This is the only notification you will receive regarding the City’s Intent to Award a contract related to this Solicitation. 31. PROTESTS AND APPEALS: If a Respondent or any person believes there is a mistake, impropriety, or defect in the Solicitation, believes the City improperly rejected its Response, or believes the selected Response should not receive the City contract based upon a fact supported issue with the Solicitation or selected Respondent or otherwise protests the award to the Respondent, the Respondent may submit a written protest. All protests and appeals are governed by the City Procurement Rules (“Procurement Rules”). The rules surrounding protests and appeals may be found in Section 6 of the Procurement Rules which are located on the Purchasing Division website at http://mesaaz.gov/business/purchasing. Please see the Procurement Rules for more information on the submission of a protest and corresponding appeal rights; if there exist any discrepancy in this Section and the Procurement Rules, the language of the Procurement Rules will control. ADDRESS PROTESTS TO: ADDRESS APPEALS TO: Matt Bauer Edward Quedens Procurement Administrator Chief Procurement Officer 20 East Main Street, Suite 400 20 East Main Street, Suite 450 PO Box 1466 PO Box 1466 Mesa, Arizona 85211-1466 Mesa, Arizona 85211-1466 Fax: (480) 644-2655 Fax: (480) 644-2687 Email: Matt.Bauer@MesaAZ.gov Email: Ed.Quedens@MesaAZ.gov 32. POLICY DOCUMENTS: The City of Mesa Charter, Code, Procurement Rules and Management Policy 200 govern this procurement and are incorporated as a part of this Solicitation by this reference. A copy of these documents may be found on Mesa Purchasing Division’s website at www.mesaaz.gov/business/purchasing. Page 380 of 940 SCOPE OF WORK 2017025 Page 14 of 41 This Scope of Work will be compiled into any resulting contract as Exhibit A. 1. INTENT: It is the intent of the City of Mesa to enter into a contract with a supplier(s) for the purchase of Grounds Maintenance Equipment, Parts, Accessories, Supplies, Related Services and Equipment. Qualified suppliers must have the capability to provide these products in all respects, in accordance with the solicitation documents and to the satisfaction of the City. The City’s preference would be to offer a Respondent’s complete catalog of Grounds Maintenance Equipment, Parts, Accessories, Supplies, Related Services and Related Equipment available to agencies Nationwide. However, the City reserves the right to award this solicitation to one or more Suppliers, by individual line item, by group of line items, manufacturer, geographic region, or as a grand total; whichever is deemed most advantageous to the City. 2. NATIONAL CONTRACT: The City of Mesa, as the Principal Procurement Agency, as defined in Attachment D, has partnered with the National Intergovernmental Purchasing Alliance Company (“National IPA) to make the resultant contract (also known as the “Master Agreement” in materials distributed by National IPA) from this solicitation available to other public agencies nationally, including state and local governmental entities, public and private primary, secondary and higher education entities, non-profit entities, and agencies for the public benefit (“Public Agencies”), through National IPA’s cooperative purchasing program. The City of Mesa is acting as the contracting agency for any other Public Agency that elects to utilize the resulting Master Agreement. Use of the Master Agreement by any Public Agency is preceded by their registration with National IPA as a Participating Public Agency in National IPA’s cooperative purchasing program. Attachment D contains additional information on National IPA and the cooperative purchasing agreement. National IPA is a channel partner with Vizient (formally, Novation). Together we leverage over $100 billion in annual spend to command the best prices on products and services. With corporate pricing and sales commitments from the Supplier, National IPA provides marketing and administrative support for the Supplier that directly promotes the Supplier’s products and services to Participating Public Agencies through multiple channels, each designed to promote specific products and services to Public Agencies on a national basis. Public Agencies benefit from pricing based on aggregate spend and the convenience of a contract that has already been advertised and competed. The Supplier benefits from a contract that allows Participating Public Agencies to directly purchase goods and services without the Supplier’s need to respond to additional competitive solicitations. As such, the Supplier must be able to accommodate a nationwide demand for services and to fulfill obligations as a Nationwide Supplier and respond to the National IPA documents (Attachment D). The City of Mesa anticipates spending approximately $550,000.00 over the term of the contract for Grounds Maintenance Equipment, Parts, Accessories, Supplies, Related Services and Related Equipment. While no minimum volume is guaranteed to the Supplier, the estimated annual volume of Grounds Maintenance Equipment, Parts, Accessories, Supplies, Related Services and Related Equipment purchased under the Master Agreement through National IPA is approximately $35 million. This projection is based on the current annual volume through the City of Mesa, other Participating Public Agencies that are anticipated to utilize the resulting Master Agreement to be made available to them through National IPA and volume growth into other Public Agencies through a coordinated marketing approach between the Supplier and National IPA. 3. GENERAL REQUIREMENTS: A. QUALIFIED FIRMS: Offerors should meet the minimum qualifications; 1. Be an authorized distributor or manufacturer. 2. Have a strong national presence in the grounds maintenance equipment industry. 3. Have a distribution model capable of delivering products nationwide. 4. Have a demonstrated sales presence. Page 381 of 940 SCOPE OF WORK 2017025 Page 15 of 41 5. Be able to meet the minimum requirements of the cooperative purchasing program detailed herein. 6. Be able to provide the full range of equipment and services to meet the demands of the City and all agencies that opt to participate in the cooperative purchasing program with the City. B. WAREHOUSING, DISTRIBUTION AND SALES FACILITIES: The product specified in this solicitation is dependent upon an extensive manufacturer-to-customer supply chain distribution system. In order to be considered for award, each potential contractor is required to provide proof of an extensive distribution system . C. WARRANTY: Offeror shall warrant that all equipment and parts labeled as new and furnished in their bid/offer are newly manufactured and free from defects in material and workmanship for no less than one (1) year from the date the equipment is delivered or installed. Warranty shall also guarantee accepted trade standards of quality, fitness for the intended uses, and conformance to promises or specified specifications. No other express or implied warranty shall eliminate the vendor’s liability as stated herein. D. MAINTENANCE FACILITIES: The equipment specified in this solicitation is dependent upon the availability of prompt professional service. In order to be considered for award, each potential contractor is required to have existing maintenance facilities with sufficient parts inventory and trained technicians experienced in providing quality service on the equipment specified. Maintenance facilities are subject to inspection by the City to determine adequacy. E. VENDOR PARTS AND SERVICE: The Contractor will maintain a factory authorized parts and service facility for normal and warranty service. The Contractor shall be capable of providing parts within twenty-four (24) hours and shall be capable of being on site to respond to service requests within twenty-four (24) hours. F. CATALOGS: Within ten (10) days after contract award and after request from City staff, Contractor must submit complete price lists and catalogs of their product line in hard copy and on CD. Upon request from a using agency, Contractor shall provide, at no cost, these catalogs and price lists. G. MODIFICATIONS OF TERMS: Participating Agencies commonly require a modification to a term of the Contract (e.g. governing law). The awarded Supplier and Participating Agencies may agree to modify terms on any specific purchase by a Participating Agency without being in conflict with the Contract 4. PRODUCT REQUIREMENTS: A. PRODUCTS: The Products to be included in this solicitation are as follows: 1. SPORTS FIELDS AND GROUNDS EQUIPMENT: A complete and comprehensive line of new unused Sports Fields and Grounds Equipment of the latest design and technology to include, but not limited to, mowing equipment, utility vehicles, spraying equipment, and turf cultivation equipment. 2. GOLF COURSE MAINTENANCE EQUIPMENT: A complete and comprehensive line of new unused Golf Course Maintenance Equipment of the latest design and technology to include, but not be limited to, mowing equipment, utility vehicles, spraying equipment, renovation and utility equipment and turf cultivation equipment. 3. RELATED EQUIPMENT PARTS: A complete and comprehensive line of Original Equipment Manufacturer (OEM) Sports Fields and Grounds Equipment Parts and Golf Course Maintenance Equipment Parts. 4. USED EQUIPMENT: Provide access to quality used equipment. 5. BALANCE OF LINE: Each offeror may offer their balance of line for ground maintenance equipment items and accessories. The City reserves the right to accept or reject any or all balance of line items offered. Page 382 of 940 SCOPE OF WORK 2017025 Page 16 of 41 B. CURRENT PRODUCTS: All products being offered in response to this solicitation and labeled as new shall be in current and ongoing production; shall be formally announced for general marketing purposes; shall be a model or type currently functioning in a user (paying customer) environment and capable of meeting or exceeding all specifications and requirements set forth in this solicitation. C. DEFECTIVE PRODUCT: All defective products shall be replaced and exchanged by the Contractor. The cost of transportation, unpacking, inspection, re-packing, re-shipping or other like expenses shall be paid by the Contractor. All replacement products must be received by the City within seven (7) days of initial notification. D. EQUIPMENT/RECALL NOTICES: In the event of any recall notice, technical service bulletin, or other important notification affecting equipment purchased from this contract, a notice shall be sent to the Contract Representative. It shall be the responsibility of the contractor to assure that all recall notices are sent directly to the agencies Contract Representative. E. EQUIPMENT STANDARDS AND GUIDELINES: All riding equipment must comply with appropriate ASAE (American Society of Agricultural Engineers – www.asae.org), SAE (Society of Automotive Engineers – www.sae.org) and OSHA (Occupational Safety and Health Administration – www.osha.org) standards for roll-over protection. All vehicles must comply with appropriate ANSI (American National Standards Institute – www.ansi.org) standards as related to operation on slopes. F. SAFETY STANDARDS: The Offeror shall certify that the equipment being offered is designed and includes operating features that comply with the safety standard promulgated under the Federal Occupational Safety and Health Act (OSHA). During the term of this Contract, should there be modifications in federal and/or state laws and regulations regarding safety standards or other specifications and marketing procedures for the contracted item(s), the City of Mesa reserves the right to amend the Contract to provide for the delivery of items which conform to such changes. As a result, the City will negotiate any necessary price changes with the Contractor. Should negotiations fail the City may cancel the Contract for the affected items. G. SAMPLE EQUIPMENT SPECIFICATIONS (ATTACHMENT C): For each Item/Minimum Requirement, indicate “yes” or “no” under Comply. If you do not meet the Item/Minimum Requirement, indicate so in the “Exception” column and provide an explanation on why you don’t meet the requirement. Any deviations from the minimum requirements must be clearly presented on the table or in an attached letter. The intent of the sample equipment specifications is to establish a baseline to compare equipment of similar commercial quality, function and purpose as well as provide a comparison of pricing offered. Equipment offered under this section will not be rejected for non-compliance with the specifications, but will be used to assist the evaluation committee in assessing comparable equipment offered for this solicitation. The sample equipment listed is representative of the possible equipment the City foresees replacing during the life of the contract. As such, submit pricing as requested on the Price Page. Submit with your offer the recommended preventative maintenance program (PMP) for each of the sample equipment specified below. Identify all parts/materials/supplies (provide part numbers) necessary to complete the PMP as well as the unit pricing of each. Provide the expected useful life and salvage value for each piece of equipment. Provide a list and per unit price of typical repair parts replaced during a piece of equipment’s useful life. In addition, submit life cycle costing information based on 2,000 annual hours of service. 5. SERVICE REQUIREMENTS: The City is interested in evaluating the following categories of value- add services for inclusion in this contract. The categories include, but are not limited to the following. A. FINANCING: Describe financing options available such as lease programs and conditional sales contracts. Page 383 of 940 SCOPE OF WORK 2017025 Page 17 of 41 B. TRADE-INS: Describe in detail the proposed trade-in program. C. SAFETY: All vendors performing services for the City or cooperative agencies are required and shall comply with all Occupational Safety and Health Administration (OSHA), State and County Safety and Occupational Health Standards and any other applicable rules and regulations. The supplier shall be held responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site area under this contract. D. TRAINING: The Contractor shall provide training for City of Mesa and other participating agency operators and service technicians at no cost to the City or agency. The Contractor will provide the following training for each equipment purchase: • Vehicle/equipment operators will be trained in the operation of all machine functions, including operator preventive maintenance. • Technicians will be trained in all operator functions, and in-depth preventive maintenance, troubleshooting and repair for all machine systems and components. • The trainer shall be factory-trained and thoroughly knowledgeable in subjects to be taught. E. DELIVERY: For City of Mesa purchases, equipment shall be delivered to various City of Mesa locations. All deliveries shall be made Monday through Thursday from 8:00 a.m. to 1:00 p.m., Mountain Standard Time. The Contractor shall be required to give the Cit y a minimum of twenty-four (24) hour notice prior to delivery with the anticipated time of delivery and quantity of units to be delivered. The following documents are due upon delivery to the City or participating agency: 1. M.S.O. (Manufacturer Statement of Origin) 2. Warranty document 3. Required manuals 4. Title F. REPAIR SERVICES: The ability to provide repair services through authorized manufacturer’s facilities or other avenues. G. CUSTOMER SUPPORT SERVICES: The policies on replacements, returns, restocking charges, after hours service, after sales support, out of stock, order tracing, technical feedback, quality assurance for orders and drop shipments. 6. TERM: An estimated initial term of February 1, 2017 through January 31, 2022, not including any extensions or renewals subject to the terms of the Agreement. If the commencement of performance is delayed because the City does not execute the Agreement at this start date, the City may adjust the start date, end date and any milestones to reflect the delayed execution. 7. RENEWALS: On the mutual written agreement of the Parties, the Term may be renewed up to a maximum of two (2) one (1) year periods. Any renewal(s) will be a continuation of the same terms and conditions as in effect immediately prior to the expiration of the then-current term. Any job orders, project agreements or maintenance agreements executed against this Master Agreement during the effective term may survive beyond the expiration of the Master Agreement as established and agreed to by both parties. 8. EXTENSIONS: Upon the expiration of the Term of the Agreement, including any renewals permitted herein, at the City’s sole discretion the Agreement may be extended for a maximum of six (6) months to allow for the City’s procurement processes in the selection of a vendor to provide the services/materials under this Agreement. The City intends to notify the Contractor in writing of its desire to extend the Agreement at least thirty (30) calendar days prior to the expiration of the Term. Any extension will be a continuation of the same terms and conditions as in effect Page 384 of 940 SCOPE OF WORK 2017025 Page 18 of 41 immediately prior to the expiration of the then-current term. 9. PRICING: a. Prices. All pricing shall be firm for the Term and all extensions or renewals of the Term except where otherwise provided in this Agreement, and include all costs of the Contractor providing the materials/service including transportation, insurance and warranty costs. No fuel surcharges will be accepted unless allowed in this Agreement. The City shall not be invoiced at prices higher than those stated in the Agreement. The Contractor further agrees that any reductions in the price of the materials or services covered by this Agreement will apply to the undelivered balance. The Contractor shall promptly notify the City of such price reductions. No price modifications will be accepted without proper request by the Contractor and response by the City’s Purchasing Division. b. Price Adjustment. Any requests for reasonable price adjustments must be submitted in accordance with this section. Requests for adjustment in cost of labor and/or materials must be supported by appropriate documentation. There is no guarantee the City will accept a price adjustment therefore Contractor should be prepared for the Pricing to be firm over the Term of the Agreement. The City is only willing to entertain price adjustments based on an increase to Contractor’s actual expenses or other reasonable adjustment in providing the services/materials under the Agreement. If the City agrees to the adjusted price terms, the City shall issue written approval of the change. During the 60-day period prior to Contract expiration of the Agreement, the Contractor may submit a written request to the City to allow an increase to the prices in an amount not to exceed the twelve-month change in the Producer Price Index for Lawn and Garden Equipment Mfg. (333112333112), Not Seasonally Adjusted as published by the U.S. Department of Labor, Bureau of Labor Statistics (http://www.bls.gov/ppi/home.htm). The City shall review the request for adjustment and respond in writing; such response and approval shall not be unreasonably withheld. c. Renewal and Extension Pricing. Any extension of the Agreement will be at the same pricing as the initial Term. If the Agreement is renewed in accordance with Section 1, pricing may be adjusted for amounts other than inflation that represent actual costs to the Contractor based on the mutual agreement of the parties. The Contractor may submit a request for a price adjustment along with appropriate supporting documentation demonstrating the cost to the Contractor. Renewal prices shall be firm for the term of the renewal period and may be adjusted thereafter as outlined in the previous section. There is no guarantee the City will accept a price adjustment. 10. TYPES AND AMOUNTS OF INSURANCE. Insurance requirements are detailed in the Agreement document. Contractor must obtain and retain throughout the term of the Agreement, at a minimum, the following: a. Worker’s compensation insurance in accordance with the provisions of Arizona law. If Contractor operates with no employees, Contractor must provide the City with written proof Contractor has no employees. If employees are hired during the course of this Agreement, Contractor must procure worker’s compensations in accordance with Arizona law. b. The Contractor shall maintain at all times during the term of this contract, a minimum amount of $1 million per occurrence/$3 million aggregate Commercial General Liability insurance, including Contractual Liability. For General Liability insurance, the City of Mesa, Page 385 of 940 SCOPE OF WORK 2017025 Page 19 of 41 their agents, officials, volunteers, officers, elected officials or employees shall be named as additional insured, as evidenced by providing an additional insured endorsement. c. Automobile liability, bodily injury and property damage with a limit of $1 million per occurrence including owned, hired and non-owned autos. Prior to the execution of the Contract, the Contractor shall provide the City with a Certificate of Insurance (using appropriate ACORD certificate) SIGNED by the Issuer, applicable endorsements, and the City reserves the right to request additional copies of any or all of the above policies, endorsements, or notices relating thereto. When the City requires a Certificate of Insurance to be furnished, the Contractor's insurance shall be primary of all other sources available. When the City is a certificate holder, the Contractor agrees that no policy shall expire, be canceled or materially changed to affect the coverage available without advance written notice to the City. “Waiver of Subrogation". The policies required by this agreement (or contract) shall contain a waiver of transfer rights of recovery (subrogation) against City, its agents, representatives, directors, elected officials, officers, employees, and volunteers for any claims arising out of the work of Contractor.” All insurance certificates and applicable endorsements are subject to review and approval by the City's Risk Manager. Page 386 of 940 2017025 Page 20 of 41 ATTACHMENT A PRICING Offerors must utilize the below document when responding to this solicitation and return the document in an Excel format with their proposal. See separate Attachment A to complete. Microsoft Excel 97-2003 Worksheet Page 387 of 940 ATTACHMENT B REQUIRED RESPONSE FORMS See separate Attachment B 2017025 Page 21 of 41 Solicitation Required Response Forms.docx Page 388 of 940 ATTACHMENT C SAMPLE EQUIPMENT SPECIFICATIONS Offerors must utilize the below document when responding to this solicitation and return the document in an Excel format with their proposal. See separate Attachment C to complete. 2017025 Page 22 of 41 SAMPLE EQUIPMENT SPECIFIC Page 389 of 940 ATTACHMENT D NATIONAL IPA DOCUMENTS See separate Attachment D 2017025 Page 23 of 41 Attachment D National IPA Docs.do Page 390 of 940 EXHIBIT 1 DRAFT CONTRACT 2017025 Page 24 of 41 AGREEMENT PURSUANT TO SOLICITATION CITY OF MESA CONTRACT NUMBER 2017025 GROUNDS MAINTENANCE EQUIPMENT, PARTS, ACCESSORIES, SUPPLIES, RELATED SERVICES AND EQUIPMENT CITY OF MESA, Arizona (“City”) Department Name City of Mesa – Purchasing Division Mailing Address P.O. Box 1466 Mesa, AZ 85211-1466 Delivery Address 20 East Main St, Suite 400 Mesa, AZ 85201 Attention Jess Romney, CPPB Procurement Officer E-Mail Jess.Romney@MesaAZ.gov Telephone (480)644-5798 Facsimile (480)644-2655 AN D COMPANY NAM E, (“Contractor”) Mailing Address Delivery Address Attention NameAndTitle E-Mail Telephone Facsimile Page 391 of 940 EXHIBIT 1 DRAFT CONTRACT 2017025 Page 25 of 41 CITY OF MESA AGREEMENT PURSUANT TO SOLICITATION This agreement pursuant to solicitation (“Agreement”) is entered into this ___ day of ______________, 2017, by and between the City of Mesa, Arizona, an Arizona municipal corporation (“City”), and CompanyName, a(n) State corporation/company/natural person (“Contractor”). The City and Contractor are each a “Party” to the Agreement or together are “Parties” to the Agreement. RECITALS A. The City issued solicitation number 2017025 (“Solicitation”) for GROUNDS MAINTENANCE EQUIPMENT, PARTS, ACCESSORIES, SUPPLIES, RELATED SERVICES AND EQUIPMENT, to which Contractor provided a response (“Response”); and B. The City Selected Contractor’s Response as being in the best interest of the City and wishes to engage Contractor in providing the services/materials described in the Solicitation and Response. In consideration of the reciprocal promises contained in the Agreement, and for other valuable and good consideration, which the Parties acknowledge the receipt and sufficiency of, the Parties agree to the following Terms & Conditions. TERMS & CONDITIONS 1. Term. This Agreement is for a term beginning on StartDate and ending on EndDate. The use of the word “Term” in the Agreement includes the aforementioned period as well as any applicable extensions or renewals in accordance with this Section 1. 1.1 Renewals. On the mutual written agreement of the Parties, the Term may be renewed up to a maximum of two (2) one (1) year periods. Any renewal(s) will be a continuation of the same terms and conditions as in effect immediately prior to the expiration of the then-current term. 1.2 Extension for Procurement Processes. Upon the expiration of the Term of this Agreement, including any renewals permitted herein, at the City’s sole discretion this Agreement may be extended on a month-to-month basis for a maximum of six (6) months to allow for the City’s procurement processes in the selection of a vendor to provide the services/materials provided under this Agreement. The City will notify the Contractor in writing of its intent to extend the Agreement at least thirty (30) calendar days prior to the expiration of the Term. Any extension under this Subsection 1.2 will be a continuation of the same terms and conditions as in effect immediately prior to the expiration of the then-current term. 1.3 Delivery. Delivery shall be made to the location(s) contained in the Scope of Work within XXX days after receipt of an order. 2. Scope of Work. The Contractor will provide the necessary staff, services and associated resources to provide the City with the services, materials, and obligations attached to this Agreement as Exhibit A (“Scope of Work”) Contractor will be responsible for all costs and expenses incurred by Contractor that are incident to the performance of the Scope of Work unless otherwise stated in Exhibit A. Contractor will supply all equipment and instrumentalities necessary to perform the Scope of Work. If set forth in Exhibit A, the City will provide Contractor’s personnel with adequate workspace and such other related facilities as may be required by Contractor to carry out the Scope of Work. 3. Orders. Orders be placed with the Contractor by either a: (i) Purchase Order when for a one-time purchase; (ii) Notice to Proceed, or (iii) Delivery Order off of a Master Agreement for Requirement Contract where multiple as-needed orders will be placed with the Contractor. The City may use the Internet to communicate with Contractor and to place orders as permitted under this Agreement Page 392 of 940 EXHIBIT 1 DRAFT CONTRACT 2017025 Page 26 of 41 4. Document Order of Precedence. In the event of any inconsistency between the terms of the body of the Agreement, the Exhibits, the Solicitation, and Response, the language of the documents will control in the following order. a. Agreement b. Exhibits 1. Mesa Standard Terms & Conditions 2. Scope of Work 3. Other Exhibits not listed above c. Solicitation including any addenda d. Contractor Response, including National IPA Administrative Agreement 5. Payment. 5.1 General. Subject to the provisions of the Agreement, the City will pay Contractor the sum(s) described in Exhibit B (“Pricing”) in consideration of Contractor’s performance of the Scope of Work during the Term. 5.2 Prices. All pricing shall be firm for the Term and all extensions or renewals of the Term except where otherwise provided in this Agreement, and include all costs of the Contractor providing the materials/service including transportation, insurance and warranty costs. No fuel surcharges will be accepted unless allowed in this Agreement. The City shall not be invoiced at prices higher than those stated in the Agreement. The Contractor further agrees that any reductions in the price of the materials or services covered by this Agreement will apply to the undelivered balance. The Contractor shall promptly notify the City of such price reductions. No price modifications will be accepted without proper request by the Contractor and response by the City’s Purchasing Division. 5.3 Price Adjustment. Any requests for reasonable price adjustments must be submitted in accordance with this Section 5.3. Requests for adjustment in cost of labor and/or materials must be supported by appropriate documentation. There is no guarantee the City will accept a price adjustment therefore Contractor should be prepared for the Pricing to be firm over the Term of the Agreement. The City is only willing to entertain price adjustments based on an increase to Contractor’s actual expenses or other reasonable adjustment in providing the services/materials under the Agreement. If the City agrees to the adjusted price terms, the City shall issue written approval of the change. During the 60-day period prior to Contract expiration of the Agreement, the Contractor may submit a written request to the City to allow an increase to the prices in an amount not to exceed the twelve-month change in the Producer Price Index for Lawn and Garden Equipment Mfg. (333112333112), Not Seasonally Adjusted as published by the U.S. Department of Labor, Bureau of Labor Statistics (http://www.bls.gov/ppi/home.htm). The City shall review the request for adjustment and respond in writing; such response and approval shall not be unreasonably withheld. Renewal and Extension Pricing. Any extension of the Agreement will be at the same pricing as the initial Term. If the Agreement is renewed in accordance with Section 1, pricing may be adjusted for amounts other than inflation that represent actual costs to the Contractor based on the mutual agreement of the parties. The Contractor may submit a request for a price adjustment along with appropriate supporting documentation demonstrating the cost to the Contractor. Renewal prices shall be firm for the term of the renewal period and may be adjusted Page 393 of 940 EXHIBIT 1 DRAFT CONTRACT 2017025 Page 27 of 41 thereafter as outlined in the previous section. There is no guarantee the City will accept a price adjustment. 5.4 Invoices. Payment will be made to Contractor following the City’s receipt of a properly completed invoice. Any issues regarding billing or invoicing must be directed to the City Department/Division requesting the service or material from the Contractor. A properly completed invoice should contain, at a minimum, all of the following: a. Contractor name, address, and contact information; b. City billing information; c. City contract number as listed on the first page of the Agreement; d. Invoice number and date; e. Payment terms; f. Date of service or delivery; g. Description of materials or services provided; h. If materials provided, the quantity delivered, pricing of each unit, and freight charges (as applicable); i. Applicable Taxes j. Total amount due. 5.5 Payment of Funds. Contractor acknowledges the City may, at its option and where available use a Procurement Card/e-Payables to make payment for orders under the Agreement. Otherwise; payment will be through a traditional method of a check or Electronic Funds Transfer (EFT) as available. 5.6 Disallowed Costs, Overpayment. If at any time the City determines that a cost for which payment was made to Contractor is a disallowed cost, such as an overpayment or a charge for materials/service not in accordance with the Agreement, the City will notify Contractor in writing of the disallowance; such notice will state the means of correction which may be, but is not limited to, adjustment of any future claim/invoice submitted by Contractor in the amount of the disallowance, or to require repayment of the disallowed amount by Contractor. Contractor will be provided with the opportunity to respond to the notice. 6. Insurance. 6.1 Contractor must obtain and maintain at its expense throughout the term of Contractor’s agreement, at a minimum, the types and amounts of insurance set forth in this Section 6 from insurance companies authorized to do business in the State of Arizona; the insurance must cover the materials/service to be provided by Contractor under the Agreement. For any insurance required under the Agreement, Contractor will name the City of Mesa, its agents, representatives, officials, volunteers, officers, elected officials, and employees as additional insured, as evidenced by providing either an additional insured endorsement or proper insurance policy excerpts. 6.2 Nothing in this Section 6 limits Contractor’s responsibility to the City. The insurance requirements herein are minimum requirements for the Agreement and in no way limit any indemnity promise(s) contained in the Agreement. 6.3 The City does not warrant the minimum limits contained herein are sufficient to protect Contractor and subcontractor(s) from liabilities that might arise out of performance under the Agreement by Contractor, its agents, representatives, employees, or subcontractor(s). Contractor is encouraged to purchase additional insurance as Contractor determines may be necessary. Page 394 of 940 EXHIBIT 1 DRAFT CONTRACT 2017025 Page 28 of 41 6.4 Each insurance policy required under the Agreement must be in effect at or prior to the execution of the Agreement and remain in effect for the term of the Agreement. 6.5 Prior to the execution of the Agreement, Contractor will provide the City with a Certificate of Insurance (using an appropriate “ACORD” or equivalent certificate) signed by the issuer with applicable endorsements. The City reserves the right to request additional copies of any or all of the policies, endorsements, or notices relating thereto required under the Agreement. 6.6 When the City requires a Certificate of Insurance to be furnished, Contractor's insurance is primary of all other sources available. When the City is a certificate holder and/or an additional insured, Contractor agrees no policy will expire, be canceled, or be materially changed to affect the coverage available without advance written notice to the City. 6.7 The policies required by the Agreement must contain a waiver of transfer rights of recovery (waiver of subrogation) against the City, its agents, representatives, officials, volunteers, officers, elected officials, and employees for any claims arising out of the work of Contractor. 6.8 All insurance certificates and applicable endorsements are subject to review and approval by the City's Risk Management Division. 6.9 Types and Amounts of Insurance. Contractor must obtain and retain throughout the term of the Agreement, at a minimum, the following: 6.9.1 Worker’s compensation insurance in accordance with the provisions of Arizona law. If Contractor operates with no employees, Contractor must provide the City with written proof Contractor has no employees. If employees are hired during the course of this Agreement, Contractor must procure worker’s compensations in accordance with Arizona law. 6.9.2 The Contractor shall maintain at all times during the term of this contract, a minimum amount of $1 million per occurrence/$3 million aggregate Commercial General Liability insurance, including Contractual Liability. For General Liability insurance, the City of Mesa, their agents, officials, volunteers, officers, elected officials or employees shall be named as additional insured, as evidenced by providing an additional insured endorsement. 6.9.3 Automobile liability, bodily injury and property damage with a limit of $1 million per occurrence including owned, hired and non-owned autos. 7. Requirements Contract. Contractor acknowledges and agrees the Agreement is a requirements contract; the Agreement does not guarantee any purchases will be made (minimum or maximum). Orders will only be placed when the City identifies a need and issues a purchase order or a written notice to proceed. The City reserves the right to cancel purchase orders or a notice to proceed within a reasonable period of time of issuance; any such cancellation will be in writing. Should a purchase order or notice to proceed be canceled, the City agrees to reimburse Contractor for any actual and documented costs incurred by Contractor. The City will not reimburse Contractor for any avoidable costs incurred after receipt of cancellation including, but not limited to, lost profits, shipment of product, or performance of services. 8. Notices. All notices to be given pursuant to the Agreement will be delivered to the Contractor as listed on Page 1 of this Agreement. Notice will be delivered pursuant to the requirements set forth the Mesa Standard Terms and Conditions that is attached to the Agreement as Exhibit C. 9. Representations of Contractor. To the best of Contractor’s knowledge, Contractor agrees that: Page 395 of 940 EXHIBIT 1 DRAFT CONTRACT 2017025 Page 29 of 41 a. Contractor has no obligations, legal or otherwise, inconsistent with the terms of the Agreement or with Contractor’s undertaking of the relationship with the City; b. Performance of the services called for by the Agreement do not and will not violate any applicable law, rule, regulation, or any proprietary or other right of any third party; c. Contractor will not use in the performance of Contractor’s responsibilities under the Agreement any proprietary information or trade secret of a former employer of its employees (other than City, if applicable); and d. Contractor has not entered into and will not enter into any agreement, whether oral or written, in conflict with the Agreement. 10. Mesa Standard Terms and Conditions. Exhibit C to the Agreement is the Mesa Standard Terms and Conditions as modified by the Parties, which are incorporated by reference into the Agreement as though fully set forth herein. In the event of any inconsistency between the terms of the Agreement and the Mesa Standard Terms and Conditions, the language of the Agreement will control. The Parties or a Party are referred to as a “party” or “parties” in the Mesa Standard Terms and Conditions. The Term is referred to as the “term” in the Mesa Standard Terms and Conditions. 11. Counterparts and Facsimile or Electronic Signatures. This Agreement may be executed in two (2) or more counterparts, each of which will be deemed an original and all of which, taken together, will constitute one agreement. A facsimile or other electronically delivered signature to the Agreement will be deemed an original and binding upon the Party against whom enforcement is sought. 12. Incorporation of Recitals and Exhibits. All Recitals and Exhibits to the Agreement are hereby incorporated by reference into the Agreement as if written out and included herein. In the event of any inconsistency between the terms of the body of the Agreement and the Exhibits, the language of the Agreement will control. Exhibits to this Agreement are the following: • (A) Scope of Work • (B) Pricing • (C) Mesa Standard Terms and Conditions • (D) National IPA Documents 13. Attorneys’ Fees. The prevailing Party in any litigation arising out of the Agreement will be entitled to the recovery of its reasonable attorney’s fees, court costs, and other litigation related costs and fees from the other Party. 14. Additional Acts. The Parties agree to execute promptly such other documents and to perform such other acts as may be reasonably necessary to carry out the purpose and intent of the Agreement. 15. Headings. The headings of the Agreement are for reference only and will not limit or define the meaning of any provision of the Agreement. Page 396 of 940 EXHIBIT 1 DRAFT CONTRACT 2017025 Page 30 of 41 By executing below, each Party acknowledges that it understands, approves, and accepts all of the terms of the Agreement and the attached exhibits. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first above written. CITY OF MESA, ARIZONA By: Printed Name Title Date RECOMMENDED BY: By: CONTRACTOR NAME By: Printed Name Title Date Page 397 of 940 EXHIBIT 1 DRAFT CONTRACT 2017025 Page 31 of 41 EXHIBIT A SCOPE OF WORK The Scope of Work and Vendor Response will be added here when Agreement is finalized. Page 398 of 940 EXHIBIT 1 DRAFT CONTRACT 2017025 Page 32 of 41 EXHIBIT B PRICING Attachment A Pricing will be added here when Agreement is finalized. Page 399 of 940 EXHIBIT 1 DRAFT CONTRACT 2017025 Page 33 of 41 EXHIBIT C MESA STANDARD TERMS AND CONDITIONS 1. INDEPENDENT CONTRACTOR. It is expressly understood that the relationship of Contractor to the City will be that of an independent contractor. Contractor and all persons employed by Contractor, either directly or indirectly, are Contractor’s employees, not City employees. Accordingly, Contractor and Contractor’s employees are not entitled to any benefits provided to City employees including, but not limited to, health benefits, enrollment in a retirement system, paid time off or other rights afforded City employees. Contractor employees will not be regarded as City employees or agents for any purpose, including the payment of unemployment or workers’ compensation. If any Contractor employees or subcontractors assert a claim for wages or other employment benefits against the City, Contractor will defend, indemnify and hold harmless the City from all such claims. 2. SUBCONTRACTING. Contractor may not subcontract work under this Agreement without the express written permission of the City. If Contractor has received authorization to subcontract work, it is agreed that all subcontractors performing work under the Agreement must comply with its provisions. Further, all agreements between Contractor and its subcontractors must provide that the terms and conditions of this Agreement be incorporated therein. 3. ASSIGNMENT. This Agreement may not be assigned either in whole or in part without first receiving the City’s written consent. Any attempted assignment, either in whole or in part, without such consent will be null and void and in such event the City will have the right at its option to terminate the Agreement. No granting of consent to any assignment will relieve Contractor from any of its obligations and liabilities under the Agreement. 4. SUCCESSORS AND ASSIGNS, BINDING EFFECT. This Agreement will be binding upon and inure to the benefit of the parties and their respective permitted successors and assigns. 5. NO THIRD PARTY BENEFICIARIES. This Agreement is intended for the exclusive benefit of the parties. Nothing set forth in this Agreement is intended to create, or will create, any benefits, rights, or responsibilities in any third parties. 6. NON- EXCLUSIVITY. The City, in its sole discretion, reserves the right to request the materials or services set forth herein from other sources when deemed necessary and appropriate. No exclusive rights are encompassed through this Agreement. 7. AMENDMENTS. There will be no oral changes to this Agreement. This Agreement can only be modified in a writing signed by both parties. No charge for extra work or material will be allowed unless approved in writing, in advance, by the City and Contractor. 8. TIME OF THE ESSENCE. Time is of the essence to the performance of the parties’ obligations under this Agreement. 9. COMPLIANCE WITH APPLICABLE LAWS. a. General. Contractor must procure all permits and licenses, and pay all charges and fees necessary and incidental to the lawful conduct of business. Contractor must stay fully informed of existing and future federal, state, and local laws, ordinances, and regulations that in any manner affect the fulfillment of this Agreement and must comply with the same at its own expense. Contractor bears full responsibility for training, safety, and providing necessary equipment for all Contractor personnel to achieve throughout the term of the Agreement. Upon request, Contractor will demonstrate to the City's satisfaction any programs, procedures, and other activities used to ensure compliance. b. Drug-Free Workplace. Contractor is hereby advised that the City has adopted a policy establishing a drug-free workplace for itself and those doing business with the City to ensure the safety and health of all persons working on City contracts and projects. Contractor will require a drug-free workplace for all Contractor personnel working under this Agreement. Specifically, all Contractor personnel who are working under this Agreement must be notified Page 400 of 940 EXHIBIT 1 DRAFT CONTRACT 2017025 Page 34 of 41 in writing by Contractor that they are prohibited from the manufacture, distribution, dispensation, possession, or unlawful use of a controlled substance in the workplace. Contractor agrees to prohibit the use of intoxicating substances by all Contractor personnel, and will ensure that Contractor personnel do not use or possess illegal drugs while in the course of performing their duties. c. Federal and State Immigration Laws. Contractor agrees to comply with the Immigration Reform and Control Act of 1986 (IRCA) in performance under this Agreement and to permit the City and its agents to inspect applicable personnel records to verify such compliance as permitted by law. Contractor will ensure and keep appropriate records to demonstrate that all Contractor personnel have a legal right to live and work in the United States. i. As applicable to Contractor, under the provisions of A.R.S. § 41-4401, Contractor hereby warrants to the City that Contractor and each of its subcontractors will comply with, and are contractually obligated to comply with, all federal immigration laws and regulations that relate to their employees and A.R.S. § 23-214(A) (hereinafter “Contractor Immigration Warranty”). ii. A breach of the Contractor Immigration Warranty will constitute as a material breach of this Agreement and will subject Contractor to penalties up to and including termination of this Agreement at the sole discretion of the City. iii. The City retains the legal right to inspect the papers of all Contractor personnel who provide services under this Agreement to ensure that Contractor or its subcontractors are complying with the Contractor Immigration Warranty. Contractor agrees to assist the City in regard to any such inspections. iv. The City may, at its sole discretion, conduct random verification of the employment records of Contractor and any subcontractor to ensure compliance with the Contractor Immigration Warranty. Contractor agrees to assist the City in regard to any random verification performed. v. Neither Contractor nor any subcontractor will be deemed to have materially breached the Contractor Immigration Warranty if Contractor or subcontractor establishes that it has complied with the employment verification provisions prescribed by Sections 274A and 274B of the Federal Immigration and Nationality Act and the E-Verify requirements prescribed by A.R.S. § 23-214 (A). d. Nondiscrimination. Contractor represents and warrants that it does not discriminate against any employee or applicant for employment or person to whom it provides services because of race, color, religion, sex, national origin, or disability, and represents and warrants that it complies with all applicable federal, state, and local laws and executive orders regarding employment. Contractor and Contractor’s personnel will comply with applicable provisions of Title VII of the U.S. Civil Rights Act of 1964, as amended, Section 504 of the Federal Rehabilitation Act, the Americans with Disabilities Act (42 U.S.C. § 12101 et seq.), and applicable rules in performance under this Agreement. e. State Sponsors of Terrorism Prohibition. Per A.R.S. § 35-392, Contractor must not be in violation of section 6(j) of the Federal Export Administration Act and subsequently prohibited by the State of Arizona from selling goods of services to the City. 10. SALES/USE TAX, OTHER TAXES. a. Contractor is responsible for the payment of all taxes including federal, state, and local taxes related to or arising out of Contractor’s services under this Agreement, including by way of illustration but not limitation, federal and state income tax, Social Security tax, unemployment insurance taxes, and any other taxes or business license fees as required. If any taxing authority should deem Contractor or Contractor employees an employee of the City, or should otherwise claim the City is liable for the payment of taxes that are Contractor’s responsibility Page 401 of 940 EXHIBIT 1 DRAFT CONTRACT 2017025 Page 35 of 41 under this Agreement, Contractor will indemnify the City for any tax liability, interest, and penalties imposed upon the City. b. The City is exempt from paying certain federal excise taxes and will furnish an exemption certificate upon request. The City is not exempt from state and local sales/use taxes. 11. AMOUNTS DUE THE CITY. Contractor must be current and remain current in all obligations due to the City during the performance of services under the Agreement. Payments to Contractor may be offset by any delinquent amounts due the City or fees and charges owed to the City. 12. PUBLIC RECORDS. Contractor acknowledges that the City is a public entity, subject to Arizona’s public records laws (A.R.S. § 39-121 et. seq.) and that any documents related to this Agreement may be subject to disclosure pursuant to state law in response to a public records request or to subpoena or other judicial process. 12.1. If Contractor believes document related to the Agreement contains trade secrets or other proprietary data, Contractor must notify the City and include with the notification a statement that explains and supports Contractor’s claim. Contractor also must specifically identify the trade secrets or other proprietary data that Contractor believes should remain confidential. 12.2. In the event the City determines it is legally required to disclose pursuant to law any documents or information Contractor deems confidential trade secrets or proprietary data, the City, to the extent possible, will provide Contractor with prompt written notice by certified mail, fax, email or other method that tracks delivery status of the requirement to disclose the information so Contractor may seek a protective order from a court having jurisdiction over the matter or obtain other appropriate remedies. The notice will include a time period for Contractor to seek court ordered protection or other legal remedies as deemed appropriate by Contractor. If Contractor does not obtain such court ordered protection by the expiration of said time period, the City may release the information without further notice to Contractor. 13. AUDITS AND RECORDS. Contractor must preserve the records related to this Agreem ent for six (6) years after completion of the Agreement. The City or its authorized agent reserves the right to inspect any records related to the performance of work specified herein. In addition, the City may inspect any and all payroll, billing or other relevant records kept by Contractor in relation to the Agreement. Contractor will permit such inspections and audits during normal business hours and upon reasonable notice by the City. The audit of records may occur at Contractor’s place of business or at City offices, as determined by the City. 14. BACKGROUND CHECK. The City may conduct criminal, driver history, and all other requested background checks of Contractor personnel who would perform services under the Agreement or who will have access to the City’s information, data, or facilities in accordance with the City’s current background check policies. Any officer, employee, or agent that fails the background check must be replaced immediately for any reasonable cause not prohibited by law. 15. SECURITY CLEARANCE AND REMOVAL OF CONTRACTOR PERSONNEL. The City will have final authority, based on security reasons: (i) to determine when security clearance of Contractor personnel is required; (ii) to determine the nature of the security clearance, up to and including fingerprinting Contractor personnel; and (iii) to determine whether or not any individual or entity may provide services under this Agreement. If the City objects to any Contractor personnel for any reasonable cause not prohibited by law, then Contractor will, upon notice from the City, remove any such individual from performance of services under this Agreement. 16. DEFAULT. a. A party will be in default if that party: i. Is or becomes insolvent or is a party to any voluntary bankruptcy or receivership proceeding, makes an assignment for a creditor, or there is any similar action that affects Contractor’s capability to perform under the Agreement; Page 402 of 940 EXHIBIT 1 DRAFT CONTRACT 2017025 Page 36 of 41 ii. Is the subject of a petition for involuntary bankruptcy not removed within sixty (60) calendar days; iii. Conducts business in an unethical manner as set forth in the City Procurement Rules Article 7 or in an illegal manner; or iv. Fails to carry out any term, promise, or condition of the Agreement. b. Contractor will be in default of this Agreement if Contractor is debarred from participating in City procurements and solicitations in accordance with Article 6 of the City’s Procurement Rules. c. Notice and Opportunity to Cure. In the event a party is in default then the other party may, at its option and at any time, provide written notice to the defaulting party of the default. The defaulting party will have thirty (30) days from receipt of the notice to cure the default; the thirty (30) day cure period may be extended by mutual agreement of the parties, but no cure period may exceed ninety (90) days. A default notice will be deemed to be sufficient if it is reasonably calculated to provide notice of the nature and extent of such default. Failure of the non- defaulting party to provide notice of the default does not waive any rights under the Agreement. d. Anticipatory Repudiation. Whenever the City in good faith has reason to question Contractor’s intent or ability to perform, the City may demand that Contractor give a written assurance of its intent and ability to perform. In the event that the demand is made and no written assurance is given within five (5) calendar days, the City may treat this failure as an anticipatory repudiation of the Agreement. 17. REMEDIES. The remedies set forth in this Agreement are not exclusive. Election of one remedy will not preclude the use of other remedies. In the event of default: a. The non-defaulting party may terminate the Agreement, and the termination will be effective immediately or at such other date as specified by the terminating party. b. The City may purchase the services required under the Agreement from the open market, complete required work itself, or have it completed at the expense of Contractor. If the cost of obtaining substitute services exceeds the contract price, the City may recover the excess cost by: (i) requiring immediate reimbursement to the City; (ii) deduction from an unpaid balance due to Contractor; (iii) collection against the proposal and/or performance security, if any; (iv) collection against liquidated damages (if applicable); or (v) a combination of the aforementioned remedies or other remedies as provided by law. Costs includes any and all, fees, and expenses incurred in obtaining substitute services and expended in obtaining reimbursement, including, but not limited to, administrative expenses, attorneys’ fees, and costs. c. The non-defaulting party will have all other rights granted under this Agreement and all rights at law or in equity that may be available to it. d. Neither party will be liable for incidental, special, or consequential damages. 18. CONTINUATION DURING DISPUTES. Contractor agrees that during any dispute between the parties, Contractor will continue to perform its obligations until the dispute is settled, instructed to cease performance by the City, enjoined or prohibited by judicial action, or otherwise required or obligated to cease performance by other provisions in this Agreement. 19. TERMINATION FOR CONVENIENCE. The City reserves the right to terminate this Agreement in part or in whole upon thirty (30) calendar days’ written notice. 20. TERMINATION FOR CONFLICT OF INTEREST (A.R.S. § 38-511). Pursuant to A.R.S. § 38-511, the City may cancel this Agreement within three (3) years after its execution, without penalty or further obligation, if any person significantly involved in initiating, securing, drafting, or creating the Agreement for the City becomes an employee or agent of Contractor. Page 403 of 940 EXHIBIT 1 DRAFT CONTRACT 2017025 Page 37 of 41 21. TERMINATION FOR NON-APPROPRIATION AND MODIFICATION FOR BUDGETARY CONSTRAINT. The City is a governmental agency which relies upon the appropriation of funds by its governing body to satisfy its obligations. If the City reasonably determines that it does not have funds to meet its obligations under this Agreement, the City will have the right to terminate the Agreement without penalty on the last day of the fiscal period for which funds were legally available. In the event of such termination, the City agrees to provide written notice of its intent to terminate thirty (30) calendar days prior to the stated termination date. 22. PAYMENT TO CONTRACTOR UPON TERMINATION. Upon termination of this Agreement, Contractor will be entitled only to payment for those services performed up to the date of termination, and any authorized expenses already incurred up to such date of termination. The City will make final payment within thirty (30) calendar days after the City has both completed its appraisal of the materials and services provided and received Contractor’s properly prepared final invoice. 23. NON-WAIVER OF RIGHTS. There will be no waiver of any provision of this agreement unless approved in writing and signed by the waiving party. Failure or delay to exercise any rights or remedies provided herein or by law or in equity, or the acceptance of, or payment for, any services hereunder, will not release the other party of any of the warranties or other obligations of the Agreement and will not be deemed a waiver of any such rights or remedies. 24. INDEMNIFICATION/LIABILITY. a. To the fullest extent permitted by law, Contractor agrees to defend, indemnify, and hold the City, its officers, agents, and employees, harmless from and against any and all liabilities, demands, claims, suits, losses, damages, causes of action, fines or judgments, including costs, attorneys’, witnesses’, and expert witnesses’ fees, and expenses incident thereto, relating to, arising out of, or resulting from: (i) the services provided by Contractor personnel under this Agreement; (ii) any negligent acts, errors, mistakes or omissions by Contractor or Contractor personnel; and (iii) Contractor or Contractor personnel’s failure to comply with or fulfill the obligations established by this Agreement. b. Contractor will update the City during the course of the litigation to timely notify the City of any issues that may involve the independent negligence of the City that is not covered by this indemnification. c. The City assumes no liability for actions of Contractor and will not indemnify or hold Contractor or any third party harmless for claims based on this Agreement or use of Contractor-provided supplies or services. 25. WARRANTY. Contractor warrants that the services and materials will conform to the requirements of the Agreement. Additionally, Contractor warrants that all services will be performed in a good, workman-like and professional manner. The City’s acceptance of service or materials provided by Contractor will not relieve Contractor from its obligations under this warranty. If any materials or services are of a substandard or unsatisfactory manner as determined by the City, Contractor, at no additional charge to the City, will provide materials or redo such services until in accordance with this Agreement and to the City’s reasonable satisfaction. Unless otherwise agreed, Contractor warrants that materials will be new, unused, of most current manufacture and not discontinued, will be free of defects in materials and workmanship, will be provided in accordance with manufacturer's standard warranty for at least one (1) year unless otherwise specified, and will perform in accordance with manufacturer's published specifications. 26. THE CITY’S RIGHT TO RECOVER AGAINST THIRD PARTIES. Contractor will do nothing to prejudice the City’s right to recover against third parties for any loss, destruction, or damage to City property, and will at the City’s request and expense, furnish to the City reasonable assistance and cooperation, including assistance in the prosecution or defense of suit and the execution of instruments of assignment in favor of the City in obtaining recovery. Page 404 of 940 EXHIBIT 1 DRAFT CONTRACT 2017025 Page 38 of 41 27. NO GUARANTEE OF WORK. Contractor acknowledges and agrees that it is not entitled to deliver any specific amount of materials or services or any materials or services at all under this Agreement and acknowledges and agrees that the materials or services will be requested by the City on an as needed basis at the sole discretion of the City. Any document referencing quantities or performance frequencies represent the City's best estimate of current requirements, but will not bind the City to purchase, accept, or pay for materials or services which exceed its actual needs. 28. OWNERSHIP. All deliverables, services, and information provided by Contractor or the City pursuant to this Agreement (whether electronically or manually generated) including without limitation, reports, test plans, and survey results, graphics, and technical tables, originally prepared in the performance of this Agreement, are the property of the City and will not be used or released by Contractor or any other person except with prior written permission by the City. 29. USE OF NAME. Contractor will not use the name of the City of Mesa in any advertising or publicity without obtaining the prior written consent of the City. 30. PROHIBITED ACTS. Pursuant to A.R.S. § 38-504, a current or former public officer or employee within the last twelve (12) months shall not represent another organization before the City on any matter for which the officer or employee was directly concerned and personally participated in during their service or employment or over which they had a substantial or material administrative discretion. Further, while employed by the City and for two (2) years thereafter, public officers or employees are prohibited from disclosing or using, without appropriate authorization, any confidential information acquired by such personnel in the course of his or her official duties at the City. 31. FOB DESTINATION FREIGHT PREPAID AND ALLOWED. All deliveries will be FOB destination freight prepaid and allowed unless otherwise agreed. 32. RISK OF LOSS. Contractor agrees to bear all risks of loss, injury, or destruction of goods or equipment incidental to providing these services and such loss, injury, or destruction will not release Contractor from any obligation hereunder. 33. SAFEGUARDING CITY PROPERTY. Contractor will be responsible for any damage to City real property or damage or loss of City personal property when such property is the responsibility of or in the custody of Contractor or its employees. 34. WARRANTY OF RIGHTS. Contractor warrants it has title to, or the right to allow the City to use, the materials and services being provided and that the City may use same without suit, trouble or hindrance from Contractor or third parties. 35. PROPRIETARY RIGHTS INDEMNIFICATION. Without limiting the foregoing, Contractor will without limitation, at its expense defend the City against all claims asserted by any person that anything provided by Contractor infringes a patent, copyright, trade secret or other intellectual property right and must, without limitation, pay the costs, damages and attorneys' fees awarded against the City in any such action, or pay any settlement of such action or claim. Each party agrees to notify the other promptly of any matters to which this provision may apply and to cooperate with each other in connection with such defense or settlement. If a preliminary or final judgment is obtained against the City’s use or operation of the items provided by Contractor hereunder or any part thereof by reason of any alleged infringement, Contractor will, at its expense and without limitation, either: (a) modify the item so that it becomes non-infringing; (b) procure for the City the right to continue to use the item; (c) substitute for the infringing item other item(s) having at least equivalent capability; or (d) refund to the City an amount equal to the price paid, less reasonable usage, from the time of installation acceptance through cessation of use, which amount will be calculated on a useful life not less than five (5) years, plus any additional costs the City may incur to acquire substitute supplies or services. 36. CONTRACT ADMINISTRATION. The contract will be administered by the Purchasing Administrator and/or an authorized representative from the using department. All questions regarding the contract will be referred to the administrator for resolution. Supplements may be Page 405 of 940 EXHIBIT 1 DRAFT CONTRACT 2017025 Page 39 of 41 written to the contract for the addition or deletion of services. Payment will be negotiated and determined by the contract administrator(s). 37. FORCE MAJEURE. Failure by either party to perform its duties and obligations will be excused by unforeseeable circumstances beyond its reasonable control, including acts of nature, acts of the public enemy, riots, fire, explosion, legislation, and governmental regulation. The party whose performance is so affected will within five (5) calendar days of the unforeseeable circumstance notify the other party of all pertinent facts and identify the force majeure event. The party whose performance is so affected must also take all reasonable steps, promptly and diligently, to prevent such causes if it is feasible to do so, or to minimize or eliminate the effect thereof. The delivery or performance date will be extended for a period equal to the time lost by reason of delay, plus such additional time as may be reasonably necessary to overcome the effect of the delay, provided however, under no circumstances will delays caused by a force majeure extend beyond one hundred-twenty (120) calendar days from the scheduled delivery or completion date of a task unless agreed upon by the parties. 38. COOPERATIVE USE OF CONTRACT. The City has entered into various cooperative purchasing agreements with other Arizona government agencies, including the Strategic Alliance for Volume Expenditures (SAVE) cooperative. Under the SAVE Cooperative Purchasing Agreement, any contract may be extended for use by other municipalities, school districts and government agencies in the State of Arizona with the approval of Contractor. Any such usage by other entities must be in accordance with the statutes, codes, ordinances, charter and/or procurement rules and regulations of the respective government agency. The City currently holds or may enter into Intergovernmental Governmental Agreements (IGA) with numerous governmental entities. These agreements allow the entities, with the approval of Contractor, to purchase their requirements under the terms and conditions of this Agreement. A contractor, subcontractor or vendor or any employee of a contractor, subcontractor or vendor who is contracted to provide services on a regular basis at an individual school shall obtain a valid fingerprint clearance card pursuant to title 41, chapter 12, article 3.1. A school district governing board shall adopt policies to exempt a person from the requirements of this subsection if the person's normal job duties are not likely to result in independent access to or unsupervised contact with pupils. A school district, its governing board members, its school council members and its employees are exempt from civil liability for the consequences of adoption and implementation of policies and procedures pursuant to this subsection unless the school district, its governing board members, its school council members or its employees are guilty of gross negligence or intentional misconduct. Additionally, Contractor will comply with the governing body’s fingerprinting policy of each individual school district and public entity. Contractor, subcontractors, vendors and their employees will not provide services on school district properties until authorized by the school district. Orders placed by other agencies and payment thereof will be the sole responsibility of that agency. The City is not responsible for any disputes arising out of transactions made by others. 39. FUEL CHARGES AND PRICE INCREASES. No fuel surcharges will be accepted. No price increases will be accepted without proper request by Contractor and response by the City’s Purchasing Division. 40. NOTICES. All notices to be given pursuant to this Agreement must be delivered to the parties at their respective addresses. Notices may be (i) personally delivered; (ii) sent via certified or registered mail, postage prepaid; (iii) sent via overnight courier; or (iv) sent via facsimile. If provided by personal delivery, receipt will be deemed effective upon delivery. If sent via certified or registered mail, receipt will be deemed effective three (3) calendar days after being deposited in the United States mail. If sent via overnight courier or facsimile, receipt will be deemed effective two (2) calendar days after the sending thereof. Page 406 of 940 EXHIBIT 1 DRAFT CONTRACT 2017025 Page 40 of 41 41. GOVERNING LAW, FORUM. This Agreement is governed by the laws of the State of Arizona. The exclusive forum selected for any proceeding or suit in law or equity arising from or incident to this Agreement will be Maricopa County, Arizona. 42. INTEGRATION CLAUSE. This Agreement, including all attachments and exhibits hereto, supersede all prior oral or written agreements, if any, between the parties and constitutes the entire agreement between the parties with respect to the work to be performed. 43. PROVISIONS REQUIRED BY LAW. Any provision required by law to be in this Agreement is a part of this Agreement as if fully stated in it. 44. SEVERABILITY. If any provision of this Agreement is declared void or unenforceable, such provision will be severed from this Agreement, which will otherwise remain in full force and effect. The parties will negotiate diligently in good faith for such amendment(s) of this Agreement as may be necessary to achieve the original intent of this Agreement, notwithstanding such invalidity or unenforceability. 45. SURVIVING PROVISIONS. Notwithstanding any completion, termination, or other expiration of this Agreement, all provisions which, by the terms of reasonable interpretation thereof, set forth rights and obligations that extend beyond completion, termination, or other expiration of this Agreement, will survive and remain in full force and effect. Except as specifically provided in this Agreement, completion, termination, or other expiration of this Agreement will not release any party from any liability or obligation arising prior to the date of termination. 46. A.R.S. SECTIONS 1-501 and 1-502. Pursuant to Arizona Revised Statutes Sections 1-501 and 1- 502, any person who applies to the City for a local public benefit (the definition of which includes a grant, contract or loan) must demonstrate his or her lawful presence in the United States. As the Agreement is deemed a local public benefit, if Contractor is an individual (natural) person or sole proprietorship, Contractor agrees to sign and submit the necessary docum entation to prove compliance with the statutes as applicable. Page 407 of 940 EXHIBIT 2 MAILING LABEL (HARD COPY RESPONSE ONLY) 2017025 Page 41 of 41 CUT ALONG THE LINE AND AFFIX TO THE FRONT OF YOUR PROPOSAL CONTAINER ------------------------------------------------------------------------------------------------------------------------------------------------------------ SEALED PROPOSAL Submitted by: Company Name: Address: City, State, Zip: Solicitation # 2017025 GROUNDS MAINTENANCE EQUIPMENT, PARTS, ACCESSORIES, SUPPLIES, RELATED SERVICES AND EQUIPMENT Due Date: December 14, 2016 at 3:00 p.m. local Arizona time City of Mesa Attn: Purchasing 20 E. Main St., Suite 400 Mesa, AZ 85201 ------------------------------------------------------------------------------------------------------------------------------------------------------------ Page 408 of 940 ITEM # EQUIPMENT DESCRIPTION UNIT PRICE Bunker Rake, as per specifications $ - MANUFACTURER AND MODEL NUMBER Heavy Duty Utility Vehicle, as per specifications $ - MANUFACTURER AND MODEL NUMBER Surrounds Mower, as per specifications $ - MANUFACTURER AND MODEL NUMBER Triplex Greens Mower, as per specifications $ - MANUFACTURER AND MODEL NUMBER Wide Area Rotary Mower, as per specifications $ - MANUFACTURER AND MODEL NUMBER Fairway Mower, as per specifications $ - MANUFACTURER AND MODEL NUMBER EQUIPMENT TOTAL FOR ITEMS 1-6 $ - PRICING AND COMPENSATION SAMPLE EQUIPMENT PRICING 1 2 3 4 5 6 Pursuant to all the contract specifications enumerated and described in this Solicitation, Respondent agrees to furnish GROUNDS MAINTENANCE EQUIPMENT, PARTS, ACCESSORIES, SUPPLIES, RELATED SERVICES AND RELATED EQUIPMENT to the City of Mesa at the price(s) stated below. This Section of the Price Page lists Sample Equipment (Attachment C) that will likely be purchased under the contract. This list is not all-inclusive. Offerors shall use the discounts provided in their Price Proposal to determine the price for the items below. Page 409 of 940 ITEM # PARTS DESCRIPTION UNIT PRICE 7 Air Filter for Bunker Rank (see item 1) $ - MANUFACTURER AND PART NUMBER 8 Rake plate for Bunker Rank (see item 1) $ - MANUFACTURER AND PART NUMBER 9 Hydraulic Filter for Utility Vehicle (see item 2) $ - MANUFACTURER AND PART NUMBER 10 Oil Filter for Utility Vehicle (see item 2) $ - MANUFACTURER AND PART NUMBER 11 Rotary Blade for Surrounds Mower (see item 3) $ - MANUFACTURER AND PART NUMBER 12 Roller for Surrounds Mower (see item 3) $ - MANUFACTURER AND PART NUMBER 13 Bed Knife for Triplex Greens Mower (see item 4) $ - MANUFACTURER AND PART NUMBER 14 Hydraulic Filter for Triplex Greens Mower (see item 4) $ - MANUFACTURER AND PART NUMBER 15 Bed Knife for Wide Area Rotary Mower (see item 5) $ - MANUFACTURER AND PART NUMBER SAMPLE PARTS PRICING This Section of the Price Page lists Sample Parts for the equipment listed above (Items 1 thru 6) that will likely be purchased under the contract. This list is not all-inclusive. Offerors shall use the discounts provided in their Price Proposal to determine the price for the items below . Page 410 of 940 16 Ful Filter for Wide Area Rotary Mower (see item 5) $ - MANUFACTURER AND PART NUMBER 17 Fan Belt for Fairway Mower (see item 6) $ - MANUFACTURER AND PART NUMBER 18 Water Pump for Fairway Mower (see item 6) $ - MANUFACTURER AND PART NUMBER PARTS TOTAL FOR ITEMS 7-18 $ - LIST CATEGORY DISCOUNT OFF A SPORTS FIELDS AND GROUNDS EQUIPMENT B GOLF COURSE MAINTENANCE EQUIPMENT C RELATED EQUIPMENT PARTS D USED EQUIPMENT For each of the product categories, provide a listing of product lines and the proposed discount off list price. Offeror’s may insert additional lines as needed. DISCOUNT OFF LIST PRICE Page 411 of 940 E BALANCE OF LINE DELIVERY: See Mesa Standard Terms and Conditions. Vendor Name ________________________________ Date: _______________ RFP # 201702510/25/2016 The City will add any applicable sales tax or use tax. Sales/Use taxes should not be included in the bid prices. Vendors who will be charging a Mesa Transaction Privilege Tax (TPT) will have a 1.75% removed from the taxable item(s) for the purpose of award evaluation (i.25). Page 412 of 940 REQUIRED RESPONSE FORMS V7/14/2015 Required Response Forms – Page 1 of 5 2017025 VENDOR INFORMATION Company Legal/Corporate Name: Doing Business As (if different than above): Address: City: State: Zip: Phone: Fax: E-Mail Address: Website: DUNS # State Where Business Entity Was Formed: Remit to Address (if different than above): Order from Address (if different from above): Address: Address: City: City: State: Zip: State: Zip: Contact for Questions about this bid: Name: Title: Phone: E-Mail Address: Day-to-Day Project Contact (if awarded): Name: Title: Phone: E-Mail Address: Sales/Use Tax Information (check one). Respondent is located outside Arizona and does NOT collect Arizona State Sales/Use Tax. (The City will pay use tax directly to the Arizona Department of Revenue.) Respondent is located outside Arizona, but is authorized to collect Arizona Sales/Use Taxes. (Respondent will invoice the City the applicable sales tax and remit the tax to the appropriate taxing authorities.) State Sales Tax Number: City Sales Tax Number: City of: AZ Applicable Tax Rate: % Respondent is located in Arizona. (Respondent will invoice the City the applicable sales tax and remit the tax to the appropriate taxing authorities) State Sales Tax Number: City Sales Tax Number: City of: AZ Applicable Tax Rate: % Page 413 of 940 EXCEPTIONS & CONFIDENTIAL INFORMATION V7/14/2015 Required Response Forms – Page 2 of 5 2017025 Exceptions (mark one). Respondents shall indicate any and all exceptions taken to the provisions or specifications in this Solicitation. Exceptions that surface elsewhere in the Response and that do not also appear under this section shall be considered rejected by the City, invalid and of no contractual significance. Other Forms or Documents: If the City is required by the awarded Respondent to complete and execute any other forms or documents in relation to this Solicitation, the terms, conditions, and requirements in this Solicitation shall take precedence to any and all conflicting or modifying terms, conditions or requirements of the Respondents forms or documents. *Special Note – Any material exceptions taken to the City’s Specifications and/or Standard Terms and Conditions may render a Bid Non-responsive. No exceptions Exceptions Taken: Please describe exact sections to which exception is taken. If proposing new or modified language, your firm shall identify the requested language below or provide as additional attachment. The City reserves the right to accept or reject any requested exceptions listed in the below section or attached to the solicitation. Confidential/Proprietary Information (mark one). No confidential/proprietary materials have been included with this Response. Confidential/Proprietary materials included with Response. Respondent must identify below any portion of their Response deemed confidential or proprietary and attach additional pages if necessary (See Mesa Standard Terms and Conditions related to Public Records). Requests to deem the entire bid as confidential will not be considered. The disclosure by the City of information deemed by Respondent as confidential or proprietary is governed by City of Mesa Procurement Rules. Page 414 of 940 GENERAL QUESTIONNAIRE V7/14/2015 Required Response Forms – Page 3 of 5 2017025 1. Compliance with Applicable Laws. Respondent complies with Exhibit 1, Draft Agreement, Exhibit C, Mesa Standard Terms & Conditions, 9. “Compliance with Applicable Laws”? Yes No 2. Delivery. Delivery, as stated in Detailed Specifications, can be met. Yes No If no, specify number of days for delivery 3. Payment terms. Payment Due (Not less than net 30 days): Payment Discount of % if invoices are paid within days of receipt. 4. Procurement Card. Does Respondent allow payment of invoices using a Procurement Card? Yes No (Marking a “no” answer will not disqualify your Response.) Discount for Procurement Card Purchases? % 5. Cooperative Purchasing. The use of this Agreement as a cooperative purchasing agreement available to other governmental agencies is described in the Mesa Standard Terms and Conditions. The use of this Agreement as a cooperative purchasing agreement is subject to approval by the Respondent as designated below. 6. Does Respondent agree to extend the prices, terms and conditions of the Agreement to other agencies as specified in the Standard Terms and Conditions? Yes No (Marking a “no” answer will not disqualify your Response.) Addenda. Respondents are responsible for verifying receipt of any addenda issued by checking the City’s website at www.mesaaz.gov/business/purchasing or the Vendor Self Service portal prior to the Response Due date and time. Failure to acknowledge any addenda issued may result in a response being deemed non- responsive. Failure to review addenda does not negate Respondent’s initial offer and holds Respondent for any changes prior to Response Due date and time. Acknowledgement of Receipt and Consideration of Addenda (if applicable): Addenda # 1 2 3 4 Page 415 of 940 LAWFUL PRESENCE AFFIDAVIT V7/14/2015 Required Response Forms – Page 4 of 5 2017025 CHECK HERE AND SKIP THIS AFFIDAVIT IF: Respondent is an LLC, a Corporation or a Partnership as indicated on your W -9. (Please include a copy of your W -9) COMPLETE THIS AFFIDAVIT IF: Respondent is an Individual (Natural Person) or a Sole Proprietor as indicated on your W -9. (Please include a copy of your W -9) ARS § 1-502 requires any person who applies to the City for a Local Public Benefit (defined as a Grant, Contract or Loan) must demonstrate through the presentation of one (1) of the following documents that he/she is lawfully present in the United States (See the Solicitation Instructions for more information). Please place a check mark next to the applicable document and present the document to the City employee. If mailing the response, attach a copy of the document to this Affidavit. (If the document says on its face that it may not be copied or you know for reasons of confidentiality that it cannot be copied, you will need to present the document in person to the City for review and signing of the affidavit.) 1. Arizona driver license issued after 1996. Print first 4 numbers/letters from license: 2. Arizona non-operating identification license. Print first 4 numbers/letters: 3. Birth certificate or delayed birth certificate issued in any state, territory or possession of the United States. Year of birth: Place of birth: 4. United States Certificate of Birth abroad. Year of birth: Place of birth: 5. United States passport. Print first 4 numbers/letters on Passport: 6. Foreign passport with a United States Visa. Print first 4 numbers/letters on Passport: Print first 4 numbers/letters on Visa: 7. I-94 form with a photograph. Print first 4 numbers on I-94: 8. United States Citizenship & Immigration Services Employment Authorization Document (EAD). Print first 4 numbers/letters on EAD: 9. Refugee travel document. Date of Issuance: Refugee Country: 10. United States Certificate of Naturalization. Print first 4 digits of CIS Reg. No.: 11. United States Certificate of Citizenship. Date of Issuance: Place of Issuance: 12. Tribal Certificate of Indian Blood. Date of Issuance: Name of Tribe: 13. Tribal or Bureau of Indian Affairs Affidavit of Birth. Year of Birth: Place of Birth: In accordance with the requirements of Arizona law, I do swear or affirm under penalty of perjury that I am lawfully present in the United States and that the document I presented to establish this presence is true. Signature Business/Company Name Print Name Verification of Attachment by City Staff: Date Signature Date Page 416 of 940 RESPONDENT CERTIFICATION V7/14/2015 Required Response Forms – Page 5 of 5 2017025 By submitting the Response and signing this Certification, the Respondent understands and certifies to all of the following: a) The information provided in Respondent’s Response it true and accurate to the best of Respondent’s knowledge. b) Respondent is under no legal prohibition that would prevent Respondent from contracting with the City of Mesa. c) Respondent has read and understands the Solicitation packet as a whole (including attachments, exhibits, and referenced documents) and: (i) can attest that Respondent is in compliance with the requirements of the Solicitation packet; and (ii) is capable of fully carrying out the requirements of the Solicitation as set forth in Respondent’s Response. d) To Respondent’s knowledge, Respondent and Respondent’s employees have no known, undisclosed conflicts of interest as defined by applicable law or City of Mesa Procurement Rules. If Respondent or Respondent employees have a known conflict of interest, Respondent has disclosed the conflict in its Response. e) Respondent did not engage in any anti-competitive practices related to its Response or the Solicitation. The prices offered by Respondent were independently developed without consultation or collusion with any other Respondents or potential Respondents. f) No gifts, payments or other consideration were made to any City employee, officer, elected official, agent, or consultant who has or may have a role in the procurement process for the services/materials covered by the Solicitation. g) Respondent grants the City of Mesa permission to copy all parts of its Response including, without limitation, any documents and materials copyrighted by Respondent: (i) for the City's use in evaluating the Response; and (ii) to be disclosed in response to a public records request under Arizona’s public records law (A.R.S. § 39-121 et. seq.) or other applicable law, subpoena, or other judicial process provided such disclosure is in accordance with City of Mesa Procurement Rule 6.13. h) If a contract is awarded to Respondent as a result of the Response submitted to the Solicitation Respondent will: i. Provide the materials or services specified in the Response in compliance with all applicable federal, state, and local statutes, rules and policies; ii. Honor all elements of the Response submitted by Respondent to the City including, but not limited to, the price and the materials/services to be provided; and iii. Enter into an agreement with the City based on the terms and conditions of the Solicitation and the Response, subject to any negotiated exceptions and terms. i) Respondent is current in all obligations due to the City including any amounts owed the City and any licenses/permits required for the general lawful conduct of business. Respondent shall acquire all licenses/permits necessary to lawfully conduct business specific to the Solicitation prior to the execution of a contract with the City pertaining to the Solicitation. j) The signatory of this Certification is an officer or duly authorized agent of Respondent with full power and authority to submit binding offers for the goods/services specified herein. Respondent intends by the submission of this Certification to be bound by the terms of the Certification, Solicitation, and Response, subject to any negotiated terms/exceptions. ACCEPTED AND AGREED TO BY RESPONDENT: Company Name: Signature: Printed Name: Title: Date: Page 417 of 940 ITEM/MINIMUM REQUIREMENT VENDOR EXCEPTION/ALTERNATIVE V‐Twin cylinder, 4‐cycle, OHV.YN 18 hp (13.4 kW) @ 3600 rpm. YN Displacement: 34.8 cu. in. (570 cc)YN Oil capacity: 1.75 quart (1.8 liter)YN Cooling: Air (high flow blower)YN Air cleaner system: Remote mounted 3‐phase Donaldson® air cleaner YN Drive: Direct driven hydrostatic variable speed displacement piston pump to 3 hydraulic motors for 3WD, hydraulic traction system. YN Brakes: Dynamic braking through the hydrostatic transmission, hand actuated brake lever.YN Hydraulic oil: 5.0 gallon (18.9 liter). 10 micron replaceable cartridge.YN Main frame: Welded rectangular tubular steel frame construction.YN Controls: Hand operated choke, throttle, and hydraulic control for raising/lowering with float.YN Infinitely variable 0‐10 mph (16 km/h) forward; 4.3 mph (6.9 km/h) reverse.YN Battery: 12 volt, 15 amp., 300 CCA @ 0 F YN Starter: 12 volt electric YN Light kit YN Hydraulic Power Steering YN Rear Rake and Frame Y N Ground Clearance: 6.0”YN ITEM/MINIMUM REQUIREMENT VENDOR EXCEPTION/ALTERNATIVE ENGINE This sheet is to be completed and used in conjuction with the pricing page (Attachment A). COMPLY? BUNKER RAKE SPECIFICATIONS Item 1 GROUND SPEED TRACTION ENGINE ELECTRICAL STEERING OTHER CHARACTERISTICS COMPLY? HEAVY DUTY UTILITY VEHICLE SPECIFICATIONS Item 2 Page 418 of 940 v‐twin 4‐cycle, OHV gas, liquid‐cooled, gasoline powered engine YN Horsepower‐ 28 HP YN Torque 40.8 YN Displacement – 69 cu. in. (747 cc)YN Oil Capacity – 2 qts. YN Governor type – Mechanical centrifugal YN Lube Oil Filter – Full flow with spin‐on oil filter YN Lubrication – Full‐pressure lubrication YN Starting System – 12‐volt starter YN In Line Fuel Filter YN Rated Capacity – approx. 3,295 lbs YN Auto Transmission w/ Electric Differential Lock YN Lights – Two seated high/low‐beam headlights; stoplight/taillight YN Fuel Injected w/ Electric Choke YN Hydraulic System – 6.8 gal. (25.7) capacity; 25‐ micron, full‐flow filtration; biodegradable fluid; oil cooler standard YN Automotive power steering YN Hydraulic disc brakes, self‐adjusting on all wheels, mechanical cable actuated caliper parking brake on rear wheels YN ITEM/MINIMUM REQUIREMENT VENDOR EXCEPTION/ALTERNATIVE Fuel = Diesel YN Size = Approx. 52 Cubic Inches YN Power = Approx. (Gross) 35 Hp YN Air Cleaner = Dual‐Stage With Restriction Indicator YN Cooling = Liquid YN Oil Filter = Full Flow Filter YN Cylinders = 3 YN Displacement = 67.1 Cubic Inches YN PAYLOAD CAPACITY ELECTRICAL SYSTEM STEERING BRAKES DRIVETRAIN SURROUNDS MOWER SPECIFICATIONS Item 3 COMPLY? ENGINE CAPACITIES Page 419 of 940 FUEL = 11 Gal YN ENGINE OIL = 3 Qt YN HYDRAULIC OIL = 3.5 Gal YN Traction Drive = Full time 3 Wheel Drive Reduce Slip System (RSS), 2‐pedal foot controlled; or equivalent YN 2‐wheel Disc YN Hand controlled Park Brake YN Closed loop traction system.YN Drive Wheels=Hydraulic, Standard 3 Wd YN Traction Drive = Three‐Wheel Drive Reduce Slip System, 2‐Pedal Controlled YN Number = 3 Reel Cutting Units YN SIZE = Approx. 26”YN Number Of Blades = 8 YN Backlapping = Standard YN CLIP FREQUENCY = 0.126‐In/Mph YN Front Rollers = Grooved YN Reel Diameter = 7”YN BEDKNIFE ADJUSTMENT = Reel‐To‐Bedknife YN Rear Rollers = Solid YN DIAGNOSTICS = On board Diagnostics with the White Box Controller and (SOS) Sit on Sit Diagnostics; or equivalent YN Neutral start switch YN Operator presence switch (in seat)YN Mow / Transport switch YN Park brake set switch.YN ITEM/MINIMUM REQUIREMENT VENDOR EXCEPTION/ALTERNATIVE Power = 18 HP YN Type = Gas (Unleaded) powered YN Fuel Capacity = 7.0 gal YN COMPLY? ENGINE CAPACITIES BRAKES OTHER STANDARD EQUIPMENT CUTTING UNITS ELECTRICAL AND SAFETY INTERLOCKS TRIPLEX GREENS MOWER SPECIFICATIONS Item 4 DRIVE SYSTEM Page 420 of 940 Hydraulic Oil = 7.5 gal primary, and 1.0 gal auxiliary tank YN Traction Drive = Hydrostatic piston pump closed loop system. Foot pedal forward and reverse; infinitely variable YN IMPLEMENT DRIVE Hydraulic drive, individual pump and valve sections operating three reels YN Number = 3 YN Type = 11 Blade YN BEDKNIVES = Lo‐Cut, 1/8”YN Height Of Cut Range = 0.125” – 0.750”YN Reel Frame YN Reel Diameter = 5”YN Blades Shall Be High Carbon Steel YN STEERING Power YN Gas Shock YN CONTROLS YN LED Light Kit YN Raise / lower mow lever (joystick)YN ITEM/MINIMUM REQUIREMENT VENDOR EXCEPTION/ALTERNATIVE ENGINE 55 HP, Liquid Cooled Turbo Charged Diesel YN AIR CLEANER Dry, replaceable primary and safety elements YN RADIATOR Rear‐mount cross‐flow, 7‐row, 5‐fins per inch, 13 quart YN FUEL CAPACITY Approx. 22 gallon (72 liter) diesel fuel/biodiesel B‐20 YN TRACTION DRIVE DRIVE SYSTEM CUTTING UNITS OTHER STANDARD EQUIPMENT WIDE AREA ROTARY MOWER SPECIFICATIONS Item 5 COMPLY? ENGINE AND CAPACITIES DRIVE SYSTEM Page 421 of 940 Full time bi‐directional hydrostatic, closed‐loop, 4wd transmission, variable displacement piston pump with servo controls powers fixed displacement piston motors which drive single action reduction planetary gear assemblies at each front wheel. Parallel hydraulic flow powers fixed displacement piston motor, which drives mechanical axle in rear. 2wd in forward (transport) range. YN HYDRAULICS/COOLING 12 gallon capacity 2 micron remote spin‐on filter. 19 row, single pass cooler with tilt out for cleaning. YN DIAGNOSTICS Diagnostics pressure test ports: forward and reverse traction, left, center, and right decks. Reverse 4WD, lift, and steering. Charge and deck counterbalance circuits. YN INTERLOCKS Prevents engines from starting unless traction pedal is in neutral and deck is disengaged. If operator leaves seat with deck engaged, engine stops. Mowing only permitted in low range. Engine stops if parking brake engaged and traction pedal not in neutral. Deck transport latches. YN WIDTH OF CUT Overall approx. 109” . Center deck 54”. Two 37” Wings all upfront YN MOWING RATES Mows up to 6.5 acres/hr at 7 Mph assuming no overlaps or stops YN OTHER STANDARD EQUIPMENT Light Kit YN Canopy YN FAIRWAY MOWER SPECIFICATIONS ITEM/MINIMUM REQUIREMENT VENDOR EXCEPTION/ALTERNATIVE ENGINE OTHER CHARACTERISTICS CUTTING UNITS Item 6 COMPLY? ENGINE AND CAPACITIES Page 422 of 940 3 Cylinder 36.8 hp Diesel, Liquid Cooled YN Pressurized Lubrication System w/5.0 Qt YN FUEL CAPACITY Approx. 14 gallon diesel fuel/biodiesel B‐20 YN HYDRAULIC CAPACITY 15 Gallon Capacity w/Spin on 10 Micron Filter YN CONTROLS Single foot operated pedal with speed limiter YN Foot Activated parking brake YN Hand operated key switch, throttle, isochroous engine speed control.YN Hand operated raise/lower joystick for reel raise and lower, headlight switch and pivoting control console. YN ELECTRICAL 12 Volt, 570 CCA battery w/55 Amp alternator, electronic control unit that is microprocessor based. YN Solid State with diagnostic capabilites for all safty switch and operator present switches.YN CUTTING UNIT 5‐ 22" 11 blade cutting units with edgemax bed knives YN 100" width of cut w/3" grooved front roller and smooth rear roller YN OTHER EQUIPMENT Rear roller Powered brushes YN Air‐ride seat YN Sun Shade YN Page 423 of 940 Attachment D Requirements for National Cooperative Contract To be Administered by National Intergovernmental Purchasing Alliance Company The following documents are used in evaluating and administering national cooperative contracts and are included for Supplier’s review and response. National IPA Exhibit A – NATIONAL IPA RESPONSE FOR NATIONAL COOPERATIVE CONTRACT National IPA Exhibit B – NATIONAL IPA ADMINISTRATION AGREEMENT, EXAMPLE National IPA Exhibit C – NATIONAL IPA MASTER INTERGOVERNMENTAL COOPERATIVE PURCHASING AGREEMENT, EXAMPLE National IPA Exhibit D – NATIONAL IPA PRINCIPAL PROCUREMENT AGENCY CERTIFICATE, EXAMPLE National IPA Exhibit E – NATIONAL IPA CONTRACT SALES REPORTING TEMPLATE National IPA Exhibit F – NATIONAL IPA ADVERTISING COMPLIANCE REQUIREMENT Page 424 of 940 Requirements for National Cooperative Contract Page 2 of 24 NATIONAL INTERGOVERNMENTAL PURCHASING ALLIANCE COMPANY EXHIBITS EXHIBIT A- RESPONSE FOR NATIONAL COOPERATIVE CONTRACT 1.0 Scope of National Cooperative Contract 1.1 Requirement The City of Mesa, AZ (hereinafter defined and referred to as “Principal Procurement Agency”), on behalf of itself and the National Intergovernmental Purchasing Alliance Company (“National IPA”), is requesting proposals for Grounds Maintenance Equipment, Parts, Accessories, Supplies, Related Services and Related Equipment.. The intent of this Request for Proposal is that any contract between Principal Procurement Agency and Supplier resulting from this Request for Proposal (hereinafter defined and referred to as the “Master Agreement”) be made available to other public agencies nationally, including state and local governmental entities, public and private primary, secondary and higher education entities, non-profit entities, and agencies for the public benefit (“Public Agencies”), through National IPA’s cooperative purchasing program. The Principal Procurement Agency has executed a Principal Procurement Agency Certificate with National IPA (an example of which is included as Exhibit D) and has agreed to pursue the Master Agreement. Use of the Master Agreement by any Public Agency is preceded by their registration with National IPA as a Participating Public Agency in National IPA’s cooperative purchasing program. Registration with National IPA as a Participating Public Agency is accomplished by Public Agencies entering into a Master Intergovernmental Cooperative Purchasing Agreement, an example of which is attached as Exhibit C. The terms and pricing established in the resulting Master Agreement between the Supplier and the Principal Procurement Agency will be the same as that available to Participating Public Agencies through National IPA. All transactions, purchase orders, invoices, payments etc., will occur directly between the Supplier and each Participating Public Agency individually, and neither National IPA, any Principal Procurement Agency nor any Participating Public Agency, including their respective agents, directors, employees or representatives, shall be liable to Supplier for any acts, liabilities, damages, etc., incurred by any other Participating Public Agency. This Exhibit A defines the expectations for qualifying Suppliers based on National IPA’s requirements to market the resulting Master Agreement nationally to Public Agencies. Each section in this Exhibit A refers to the capabilities, requirements, obligations, and prohibitions of competing Suppliers on a national level in order to serve Participating Public Agencies through National IPA. These requirements are incorporated into and are considered an integral part of this RFP. National IPA reserves the right to determine whether or not to make the Master Agreement awarded by the Principal Procurement Agency available to Participating Public Agencies. 1.2 Marketing, Sales and Administrative Support During the term of the Master Agreement National IPA intends to provide marketing, sales and administrative support for Supplier pursuant to this section 1.2 that directly Page 425 of 940 NATIONAL INTERGOVERNMENTAL PURCHASING ALLIANCE COMPANY EXHIBITS EXHIBIT A- NATIONAL IPA RESPONSE FOR NATIONAL COOPERATIVE CONTRACT Requirements for National Cooperative Contract Page 3 of 24 promotes the Supplier’s products and services to Participating Public Agencies through multiple channels, each designed to promote specific products and services to Public Agencies on a national basis. The National IPA marketing team will work in conjunction with Supplier to promote the Master Agreement to both existing Participating Public Agencies and prospective Public Agencies through: A. Marketing collateral (print, electronic, email, presentations) B. Website development and support C. Trade shows/conferences/meetings D. Advertising E. Social Media F. Sales Team Support The National IPA sales teams will work in conjunction with Supplier to promote the Master Agreement to both existing Participating Public Agencies and prospective Public Agencies through: A. Individual sales calls B. Joint sales calls C. Communications/customer service D. Training sessions for Public Agency teams E. Training sessions for Supplier teams The National IPA contracting teams will work in conjunction with Supplier to promote the Master Agreement to both existing Participating Public Agencies prospective Public Agencies through: A. Serving as the subject matter expert for questions regarding joint powers authority and state statutes and regulations for cooperative purchasing B. Training sessions for Public Agency teams C. Training sessions for Supplier teams D. Regular business reviews to monitor program success E. General contract administration Suppliers are required to pay an administrative fee of 2% of the greater of the Contract Sales under the Master Agreement and Guaranteed Contract Sales under this Request for Proposal. Supplier will be required to execute the National IPA Administration Agreement (refer to Exhibit B). Capitalized terms not otherwise defined herein shall have the meanings given to them in the Master Agreement or in the National Intergovernmental Purchasing Alliance Company Administration Agreement between Supplier and National IPA (the "National IPA Administration Agreement") 1.3 Estimated Volume The dollar volume purchased under the Master Agreement is estimated to be approximately $35 annually. While no minimum volume is guaranteed to Supplier, the estimated annual volume is projected based on the current annual volumes among the Principal Procurement Agency, other Participating Public Agencies that are Page 426 of 940 NATIONAL INTERGOVERNMENTAL PURCHASING ALLIANCE COMPANY EXHIBITS EXHIBIT A- NATIONAL IPA RESPONSE FOR NATIONAL COOPERATIVE CONTRACT Requirements for National Cooperative Contract Page 4 of 24 anticipated to utilize the resulting Master Agreement to be made available to them through National IPA, and volume growth into other Public Agencies through a coordinated marketing approach between Supplier and National IPA. 1.4 Award Basis The basis of any contract award resulting from this RFP made by Principal Procurement Agency will be the basis of award on a national level through National IPA. If multiple suppliers are awarded by Principal Procurement Agency under the Master Agreement, those same suppliers will be required to extend the Master Agreement to Participating Public Agencies through National IPA. Utilization of the Master Agreement by Participating Public Agencies will be at the discretion of the individual Participating Public Agency. Certain terms of the Master Agreement specifically applicable to the Principal Procurement Agency are subject to modification for each Participating Public Agency as Supplier, such Participating Public Agency and National IPA shall agree. Participating Agencies may request to enter into a separate supplemental agreement to further define the level of service requirements over and above the minimum defined in the Master Agreement (i.e. invoice requirements, order requirements, specialized delivery, diversity requirements such as minority and woman owned businesses, historically underutilized business, governing law, etc.). Any supplemental agreement developed as a result of the Master Agreement is exclusively between the Participating Agency and the Supplier (Contract Sales are reported to National IPA). 1.5 Objectives of Cooperative Program This RFP is intended to achieve the following objectives regarding availability through National IPA’s cooperative program: A. Provide a comprehensive competitively solicited and awarded national agreement offering the Products covered by this solicitation to Participating Public Agencies; B. Establish the Master Agreement as the Supplier’s primary go to market strategy to Public Agencies nationwide; C. Achieve cost savings for Supplier and Public Agencies through a single solicitation process that will reduce the Supplier’s need to respond to multiple solicitations and Public Agencies need to conduct their own solicitation process; D. Combine the aggregate purchasing volumes of Participating Public Agencies to achieve cost effective pricing. 2.0 REPRESENTATIONS AND COVENANTS As a condition to Supplier entering into the Master Agreement, which would be available to all Public Agencies, Supplier must make certain representations, warranties and covenants to both the Principal Procurement Agency and National IPA designed to ensure the success of the Master Agreement for all Participating Public Agencies as well as the Supplier. 2.1 Corporate Commitment Supplier commits that (1) the Master Agreement has received all necessary corporate authorizations and support of the Supplier’s executive management, (2) the Master Agreement is Supplier's primary “go to market” strategy for Public Agencies, (3) the Master Agreement will be promoted to all Public Agencies, including any existing customers, and Supplier will transition existing customers, upon their request, to the Page 427 of 940 NATIONAL INTERGOVERNMENTAL PURCHASING ALLIANCE COMPANY EXHIBITS EXHIBIT A- NATIONAL IPA RESPONSE FOR NATIONAL COOPERATIVE CONTRACT Requirements for National Cooperative Contract Page 5 of 24 Master Agreement, and (4) that the Supplier has read and agrees to the terms and conditions of the Administration Agreement with National IPA and will execute such agreement concurrent with and as a condition of its execution of the Master Agreement with the Principal Procurement Agency. Supplier will identify an executive corporate sponsor and a separate national account manager within the RFP response that will be responsible for the overall management of the Master Agreement. 2.2 Pricing Commitment Supplier commits the not-to-exceed pricing provided under the Master Agreement pricing is its lowest available (net to buyer) to Public Agencies nationwide and further commits that if a Participating Public Agency is eligible for lower pricing through a national, state, regional or local or cooperative contract, that the Supplier will match such lower pricing to that Participating Public Agency under the Master Agreement. 2.3 Sales Commitment Supplier commits to aggressively market the Master Agreement as its go to market strategy in this defined sector and that its sales force will be trained, engaged and committed to offering the Master Agreement to Public Agencies through National IPA nationwide. Supplier commits that all Master Agreement sales will be accurately and timely reported to National IPA in accordance with the National IPA Administration Agreement. Supplier also commits that its sales force will be compensated, including sales incentives, for sales to Public Agencies under the Master Agreement in a consistent or better manner compared to sales to Public Agencies if the Supplier were not awarded the Master Agreement. 3.0 SUPPLIER QUALIFICATIONS Supplier must supply the following information in order for the Principal Procurement Agency to determine Supplier’s qualifications to extend the resulting Master Agreement to Participating Public Agencies through National IPA. 3.1 Company A. Brief history and description of your company. B. Total number and location of sales persons employed by your company. C. Number and location of support centers (if applicable). D. Annual sales for the three previous fiscal years. E. Submit your FEIN and Dunn & Bradstreet report. 3.2 Distribution, Logistics A. Describe how your company proposes to distribute the products/service nationwide. B. Identify all other companies that will be involved in processing, handling or shipping the products/service to the end user. C. Provide the number, size and location of your company’s distribution facilities, warehouses and retail network as applicable. D. State any return and restocking policy and fees, if applicable, associated with returns. E. Describe the full line of products and services offered by your company. Page 428 of 940 NATIONAL INTERGOVERNMENTAL PURCHASING ALLIANCE COMPANY EXHIBITS EXHIBIT A- NATIONAL IPA RESPONSE FOR NATIONAL COOPERATIVE CONTRACT Requirements for National Cooperative Contract Page 6 of 24 3.3 Marketing and Sales A. Provide a detailed ninety-day plan beginning from award date of the Master Agreement describing the strategy to immediately implement the Master Agreement as your company’s primary go to market strategy for Public Agencies to your teams nationwide, to include, but not limited to: i. Executive leadership endorsement and sponsorship of the award as the public sector go-to-market strategy within first 10 days ii. Training and education of your national sales force with participation from the executive leadership of your company, along with the National IPA team within first 90 days B. Provide a detailed ninety-day plan beginning from award date of the Master Agreement describing the strategy to market the Master Agreement to current Participating Public Agencies, existing Pubic Agency customers of Supplier, as well as to prospective Public Agencies nationwide immediately upon award, to include, but not limited to: i. Creation and distribution of a co-branded press release to trade publications ii. Announcement, contract details and contact information published on the Supplier company website within first 90 days iii. Design, publication and distribution of co-branded marketing materials within first 90 days iv. Commitment to attendance and participation with National IPA at national (i.e. NIGP Annual Forum, NPI Conference, etc.), regional (i.e. Regional NIGP Chapter Meetings, etc.) and supplier-specific trade shows, conferences and meetings throughout the term of the Master Agreement v. Commitment to attend, exhibit and participate at the NIGP Annual Forum in an area reserved by National IPA for partner suppliers. Booth space will be purchased and staffed by your company. In addition, you commit to provide reasonable assistance to the overall promotion and marketing efforts for the NIGP Annual Forum, as directed by National IPA. vi. Design and publication of national and regional advertising in trade publications throughout the term of the Master Agreement vii. Ongoing marketing and promotion of the Master Agreement throughout its term (case studies, collateral pieces, presentations, promotions, etc.) viii. Dedicated National IPA internet web-based homepage on Supplier website with: • National IPA standard logo; • Copy of original Request for Proposal; • Copy of contract and amendments between Principal Procurement Agency and Supplier; • Summary of Products and pricing; • Marketing Materials • Electronic link to National IPA’s website including the online registration page; • A dedicated toll free number and email address for National IPA C. Describe how your company will transition any existing Public Agency customers’ accounts to the Master Agreement available nationally through National IPA. Include a list of current cooperative contracts (regional and national) your Page 429 of 940 NATIONAL INTERGOVERNMENTAL PURCHASING ALLIANCE COMPANY EXHIBITS EXHIBIT A- NATIONAL IPA RESPONSE FOR NATIONAL COOPERATIVE CONTRACT Requirements for National Cooperative Contract Page 7 of 24 company holds and describe how the Master Agreement will be positioned among the other cooperative agreements. D. Acknowledge that your company agrees to provide its company/corporate logo(s) to National IPA and agrees to provide permission for reproduction of such logo in marketing communications and promotions. Acknowledge that use of National IPA logo will require permission for reproduction, as well. E. Supplier is responsible for proactive direct sales of Supplier’s goods and services to Public Agencies nationwide and the timely follow up to leads established by National IPA. All sales materials are to use the National IPA logo. At a minimum, the Supplier’s sales initiatives should communicate: i. Master Agreement was competitively solicited and publicly awarded by a Principal Procurement Agency ii. Best government pricing iii. No cost to participate iv. Non-exclusive contract F. Supplier is responsible for the training of its national sales force on the Master Agreement. At a minimum, sales training should include: i. Key features of Master Agreement ii. Working knowledge of the solicitation process iii. Awareness of the range of Public Agencies that can utilize the Master Agreement through National IPA iv. Knowledge of benefits of the use of cooperative contracts G. Provide contact information for the person(s), who will be responsible for: i. Marketing ii. Sales iii. Sales Support iv. Financial Reporting v. Contracts H. Describe in detail how your company’s national sales force is structured, including contact information for the highest-level executive in charge of the sales team. I. Explain in detail how the sales teams will work with the National IPA team to implement, grow and service the national program. J. Explain in detail how your organization will manage the overall national program throughout the term of the Master Agreement, including ongoing coordination of marketing and sales efforts, timely new Participating Public Agency account set- up, etc. K. State the amount of your company’s Public Agency sales for the previous fiscal year. Provide a list of your top 10 Public Agency customers, the total purchases for each for the previous fiscal year along with a key contact for each. L. Describe your company’s information systems capabilities and limitations regarding order management through receipt of payment, including description of multiple platforms that may be used for any of these functions. M. Provide the Contract Sales (as defined in Section 10 of the National Intergovernmental Purchasing Alliance Company Administration Agreement) that your company will guarantee each year under the Master Agreement for the initial three years of the Master Agreement (“Guaranteed Contract Sales”). Page 430 of 940 NATIONAL INTERGOVERNMENTAL PURCHASING ALLIANCE COMPANY EXHIBITS EXHIBIT A- NATIONAL IPA RESPONSE FOR NATIONAL COOPERATIVE CONTRACT Requirements for National Cooperative Contract Page 8 of 24 $_______.00 in year one $_______.00 in year two $_______.00 in year three To the extent Supplier guarantees minimum Contract Sales, the administration fee shall be calculated based on the greater of the actual Contract Sales and the Guaranteed Contract Sales. N. Even though it is anticipated that many Public Agencies will be able to utilize the Master Agreement without further formal solicitation, there may be circumstances where Public Agencies will issue their own solicitations. The following options are available when responding to a solicitation for Products covered under the Master Agreement. i. Respond with Master Agreement pricing (Contract Sales reported to National IPA). ii. If competitive conditions require pricing lower than the standard Master Agreement not-to-exceed pricing, Supplier may respond with lower pricing through the Master Agreement. If Supplier is awarded the contract, the sales are reported as Contract Sales to National IPA under the Master Agreement. iii. Respond with pricing higher than Master Agreement only in the unlikely event that the Public Agency refuses to utilize Master Agreement (Contract Sales are not reported to National IPA). iv. If alternative or multiple proposals are permitted, respond with pricing higher than Master Agreement, and include Master Agreement as the alternate or additional proposal. Detail your strategies under these options when responding to a solicitation. Page 431 of 940 NATIONAL INTERGOVERNMENTAL PURCHASING ALLIANCE COMPANY EXHIBITS EXHIBIT B- NATIONAL IPA ADMINISTRATION AGREEMENT, EXAMPLE Requirements for National Cooperative Contract Page 9 of 24 NATIONAL INTERGOVERNMENTAL PURCHASING ALLIANCE COMPANY ADMINISTRATION AGREEMENT This ADMINISTRATION AGREEMENT (the “Agreement”) is made this ___ day of ______ 20___, between National Intergovernmental Purchasing Alliance Company (“National IPA”), and ________________ (herein “Supplier”). RECITALS WHEREAS, the _______________________ (herein “Principal Procurement Agency”) has entered into a Master Agreement effective _________________, Agreement No_______, by and between the Principal Procurement Agency and Supplier, (as may be amended from time to time in accordance with the terms thereof, the “Master Agreement”), as attached hereto as Exhibit A and incorporated herein by reference as though fully set forth herein, for the purchase of ___________________________ (herein “Product”); WHEREAS, said Master Agreement provides that any or all public agencies, including state and local governmental entities, public and private primary, secondary and higher education entities, non-profit entities, and agencies for the public benefit (“Public Agencies”), that register (either via registration on the National IPA website or execution of a Master Intergovernmental Cooperative Purchasing Agreement, attached hereto as Exhibit B) (hereinafter referred to as a "Participating Public Agency") may purchase Product at prices stated in the Master Agreement; WHEREAS, Participating Public Agencies may access the Master Agreement which is offered through National IPA to Public Agencies; WHEREAS, National IPA serves as the contract administrator of the Master Agreement on behalf of Principal Procurement Agency; WHEREAS, Principal Procurement Agency desires National IPA to proceed with administration of the Master Agreement; and WHEREAS, National IPA and Supplier desire to enter into this Agreement to make available the Master Agreement to Participating Public Agencies and to set forth certain terms and conditions governing the relationship between National IPA and Supplier. NOW, THEREFORE, in consideration of the payments to be made hereunder and the mutual covenants contained in this Agreement, National IPA and Supplier hereby agree as follows: DEFINITIONS 1. Capitalized terms used in this Agreement and not otherwise defined herein shall have the meanings given to them in the Master Agreement. Page 432 of 940 NATIONAL INTERGOVERNMENTAL PURCHASING ALLIANCE COMPANY EXHIBITS EXHIBIT B- NATIONAL IPA ADMINISTRATION AGREEMENT, EXAMPLE Requirements for National Cooperative Contract Page 10 of 24 TERMS AND CONDITIONS 2. The Master Agreement and the terms and conditions contained therein shall apply to this Agreement except as expressly changed or modified by this Agreement. Supplier acknowledges and agrees that the covenants and agreements of Supplier set forth in the solicitation and Supplier’s response thereto resulting in the Master Agreement are incorporated herein and are an integral part hereof. 3. National IPA shall be afforded all of the rights, privileges and indemnifications afforded to Principal Procurement Agency by or from Supplier under the Master Agreement, and such rights, privileges and indemnifications shall accrue and apply with equal effect to National IPA, its agents, employees, directors, and representatives under this Agreement including, but not limited to, the Supplier’s obligation to provide appropriate insurance. 4. National IPA shall perform all of its duties, responsibilities and obligations as contract administrator of the Master Agreement on behalf of Principal Procurement Agency as set forth herein, and Supplier hereby acknowledges and agrees that all duties, responsibilities and obligations will be undertaken by National IPA solely in its capacity as the contract administrator under the Master Agreement. 5. With respect to any purchases by Principal Procurement Agency or any Participating Public Agency pursuant to the Master Agreement, National IPA: (i) shall not be construed as a dealer, re-marketer, representative, partner or agent of any type of the Supplier, Principal Procurement Agency or any Participating Public Agency; (ii) shall not be obligated, liable or responsible for any order for Product made by Principal Procurement Agency or any Participating Public Agency or any employee thereof under the Master Agreement or for any payment required to be made with respect to such order for Product; and (iii) shall not be obligated, liable or responsible for any failure by Principal Procurement Agency or any Participating Public Agency to comply with procedures or requirements of applicable law or the Master Agreement or to obtain the due authorization and approval necessary to purchase under the Master Agreement. National IPA makes no representation or guaranty with respect to any minimum purchases by Principal Procurement Agency or any Participating Public Agency or any employee thereof under this Agreement or the Master Agreement. TERM OF AGREEMENT 6. This Agreement shall be in effect so long as the Master Agreement remains in effect, provided, however, that the provisions of paragraphs 3, 4 and 5 hereof and the indemnifications afforded by the Supplier to National IPA herein and in the Master Agreement, to the extent such provision survive the term of the Master Agreement, shall survive the term of this Agreement. NATIONAL PROMOTION 7. National IPA and Supplier shall publicize and promote the availability of the Master Agreement’s products and services to Public Agencies and such agencies’ employees. Supplier’s failure to maintain its covenants and commitments contained in this Agreement or any action of the Supplier which gives rise to a right by Principal Procurement Agency to terminate the Master Agreement shall constitute a material breach of this Agreement and if not cured within thirty (30) Page 433 of 940 NATIONAL INTERGOVERNMENTAL PURCHASING ALLIANCE COMPANY EXHIBITS EXHIBIT B- NATIONAL IPA ADMINISTRATION AGREEMENT, EXAMPLE Requirements for National Cooperative Contract Page 11 of 24 days of written notice to Supplier shall be deemed a cause for termination of this Agreement at National IPA’s sole discretion. Notwithstanding anything contained herein to the contrary, this Agreement shall terminate on the date of the termination or expiration of the Master Agreement. 8. Supplier shall require each Public Agency to register its participation in the National IPA program by either registering on the National IPA website, www.nationalipa.org, or executing a Master Intergovernmental Cooperative Purchasing Agreement prior to processing the Participating Public Agency’s first sales order. 9. Upon request, Supplier shall make available to interested Public Agencies a copy of the Master Agreement and such price lists or quotes as may be necessary for such Public Agencies to evaluate potential purchases. In addition, Supplier shall provide such marketing and administrative support as set forth in the solicitation resulting in the Master Agreement, including assisting in development of marketing materials as reasonably requested by Principal Procurement Agency and National IPA. Supplier and National IPA shall provide each respective party with its logo (“Logo”) and the standard terms of use for its general use in marketing the Master Agreement. Both parties shall obtain written approval from the other party prior to use of such party’s Logo. Notwithstanding, the parties understand and agree that except as provided herein neither party shall have any right, title or interest in the other party’s Logo. Upon termination of this Agreement, each party shall immediately cease use of the other party’s Logo. MONTHLY REPORTING & FEES 10. Supplier shall pay National IPA an administrative fee in the amount of __% of the total purchase amount paid to Supplier, less refunds, credits on returns, rebates and discounts, for the sale of products and/or services to Principal Procurement Agency and Participating Public Agencies pursuant to the Master Agreement (as amended from time to time and including any renewal thereof) ("Contract Sales"). Supplier shall provide National IPA with an electronic accounting report, in Microsoft Excel, in the format prescribed by National IPA, on a monthly basis summarizing all Contract Sales for the applicable month. A sample of the Contract Sales reporting format is provided as Exhibit C, attached hereto and incorporated herein by reference. 11. Reports of Contract Sales for Principal Procurement Agency and Participating Public Agencies in each calendar month shall be provided by Supplier to National IPA by the 10th day of the following month. Such reports shall be accompanied by an administrative fee payment in the amount indicated on the report as being due. Administrative fee payments are to be paid by the Supplier to National IPA via Automated Clearing House (ACH) to the National IPA designated financial institution identified in Exhibit D. Failure to provide a monthly report or payment of the administrative fees within the time and manner specified herein shall constitute a material breach of this Agreement and if not cured within thirty (30) days of written notice to Supplier shall be deemed a cause for termination of the Master Agreement, at Principal Procurement Agency’s sole discretion, and/or this Agreement, at National IPA’s sole discretion. All administrative fees not paid when due shall bear interest at a rate equal to the lesser of 1 1/2% per month or the maximum rate permitted by law until paid in full. 12. Supplier shall maintain an accounting of all purchases made by Participating Public Agencies under the Master Agreement. National IPA, or its designee, in National IPA’s sole Page 434 of 940 NATIONAL INTERGOVERNMENTAL PURCHASING ALLIANCE COMPANY EXHIBITS EXHIBIT B- NATIONAL IPA ADMINISTRATION AGREEMENT, EXAMPLE Requirements for National Cooperative Contract Page 12 of 24 discretion, reserves the right to compare Participating Public Agency records with monthly reports submitted by Supplier for a period of four (4) years from the date National IPA receives such monthly report. National IPA may engage a third party to conduct an independent audit of Supplier’s monthly reports. In the event of such an audit, Supplier shall provide all materials reasonably requested relating to such audit by National IPA at the location designated by National IPA. In the event an underreporting of Contract Sales and a resulting underpayment of administrative fees is revealed, National IPA will notify the Supplier in writing. Supplier will have thirty (30) days from the date of such notice to resolve the discrepancy to National IPA’s reasonable satisfaction, including payment of any administrative fees due and owing, together with interest thereon in accordance with Section 11, and reimbursement of National IPA's costs and expenses related to such audit. GENERAL PROVISIONS 13. This Agreement, the Master Agreement and the exhibits referenced herein supersede any and all other agreements, either oral or in writing, between the parties hereto with respect to the subject matter hereto and no other agreement, statement, or promise relating to the subject matter of this Agreement which is not contained or incorporated herein shall be valid or binding. In the event of any conflict between the provisions of this Agreement and the Master Agreement, as between National IPA and Supplier, the provisions of this Agreement shall prevail. 14. If any action at law or in equity is brought to enforce or interpret the provisions of this Agreement or to recover any administrative fee and accrued interest, the prevailing party shall be entitled to reasonable attorney’s fees and costs in addition to any other relief to which it may be entitled. 15. This Agreement and National IPA’s rights and obligations hereunder may be assigned at National IPA’s sole discretion, to an existing or newly established legal entity that has the authority and capacity to perform National IPA’s obligations hereunder. Supplier may not assign its obligations hereunder without the prior written consent of National IPA. 16. All written communications given hereunder shall be delivered by first-class mail, postage prepaid, or overnight delivery on receipt to the addresses as set forth below. A. National Intergovernmental Purchasing Alliance Company National IPA Attn: President 2555 Meridian Blvd Suite 300 Franklin, TN 37067 B. Supplier 17. If any provision of this Agreement shall be deemed to be, or shall in fact be, illegal, inoperative or unenforceable, the same shall not affect any other provision or provisions herein Page 435 of 940 NATIONAL INTERGOVERNMENTAL PURCHASING ALLIANCE COMPANY EXHIBITS EXHIBIT B- NATIONAL IPA ADMINISTRATION AGREEMENT, EXAMPLE Requirements for National Cooperative Contract Page 13 of 24 contained or render the same invalid, inoperative or unenforceable to any extent whatever, and this Agreement will be construed by limiting or invalidating such provision to the minimum extent necessary to make such provision valid, legal and enforceable. 18. This Agreement may not be amended, changed, modified, or altered without the prior written consent of the parties hereto, and no provision of this Agreement may be discharged or waived, except by a writing signed by the parties. A waiver of any particular provision will not be deemed a waiver of any other provision, nor will a waiver given on one occasion be deemed to apply to any other occasion. 19. This Agreement shall inure to the benefit of and shall be binding upon National IPA, the Supplier and any respective successor and assign thereto; subject, however, to the limitations contained herein. 20. This Agreement will be construed under and governed by the laws of the state of Delaware, excluding its conflicts of law provisions. Authorized Signature, Supplier NATIONAL INTERGOVERNMENTAL PURCHASING ALLIANCE COMPANY Signature Signature Ward H. Brown Name Name Chief Operating Officer Title Title Date Date Page 436 of 940 NATIONAL INTERGOVERNMENTAL PURCHASING ALLIANCE COMPANY EXHIBITS EXHIBIT C – NATIONAL IPA MASTER INTERGOVERNMENTAL COOPERATIVE PURCHASING AGREEMENT, EXAMPLE Requirements for National Cooperative Contract Page 14 of 24 MASTER INTERGOVERNMENTAL COOPERATIVE PURCHASING AGREEMENT This Master Intergovernmental Cooperative Purchasing Agreement (the “Agreement”) is entered into by and between those certain government agencies that execute a Principal Procurement Agency Certificate (“Principal Procurement Agencies”) with National Intergovernmental Purchasing Alliance Company (“National IPA”) to be appended and made a part hereof and such other public agencies (“Participating Public Agencies”) who register to participate in the cooperative purchasing programs administered by National IPA and its affiliates and subsidiaries (collectively the “National IPA Parties”) by either registering on a National IPA Party website (such as www.nationalipa.org), or by executing a copy of this Agreement. RECITALS WHEREAS, after a competitive solicitation and selection process by Principal Procurement Agencies, a number of suppliers have entered into “Master Agreements” (herein so called) to provide a variety of goods, products and services (“Products”) to the applicable Principal Procurement Agency and the Participating Public Agencies; WHEREAS, Master Agreements are made available by Principal Procurement Agencies through the National IPA Parties and provide that Participating Public Agencies may purchase Products on the same terms, conditions and pricing as the Principal Procurement Agency, subject to any applicable federal and/or local purchasing ordinances and the laws of the State of purchase; WHEREAS, in addition to Master Agreements, the National IPA Parties may from time to time offer Participating Public Agencies the opportunity to acquire Products through other group purchasing agreements; NOW, THEREFORE, in consideration of the mutual promises contained in this Agreement, and of the mutual benefits to result, the parties agree as follows: 1. That each party will facilitate the cooperative procurement of Products. 2. That the procurement of Products by Participating Public Agencies subject to this Agreement shall be conducted in accordance with and subject to the relevant federal, state and local statutes, ordinances, rules and regulations that govern Participating Public Agency’s procurement practices. 3. That the cooperative use of Master Agreements and other group purchasing agreements shall be in accordance with the terms and conditions of such agreements, except as modification of those terms and conditions is otherwise allowed or required by applicable federal, state or local law. 4. That the Principal Procurement Agencies will make available, upon reasonable request and subject to convenience, Master Agreement information which may assist in improving the procurement of Products by the Participating Public Agencies. Page 437 of 940 NATIONAL INTERGOVERNMENTAL PURCHASING ALLIANCE COMPANY EXHIBITS EXHIBIT C- NATIONAL IPA MASTER INTERGOVERNMENTAL COPERATIVE PURCHASING AGREEMENT, EXAMPLE Requirements for National Cooperative Contract Page 15 of 24 5. That the Participating Public Agencies (each a “Procuring Party”) that procure Products through any Master Agreement or GPO Product supply agreement (each a “GPO Contract”) will make timely payments to the distributor, manufacturer or other vendor (collectively, “Supplier”) for Products received in accordance with the terms and conditions of the Master Agreement or GPO Contract, as applicable. Payment for Products and inspections and acceptance of Products ordered by the Procuring Party shall be the exclusive obligation of such Procuring Party. Disputes between Procuring Party and any Supplier shall be resolved in accordance with the law and venue rules of the State of purchase unless otherwise agreed to by the Procuring Party and Supplier. 6. The Procuring Party shall not use this Agreement as a method for obtaining additional concessions or reduced prices for similar products or services. 7. The Procuring Party shall be responsible for the ordering of Products under this Agreement. A non-procuring party shall not be liable in any fashion for any violation by a Procuring Party, and the Procuring Party shall hold non-procuring party harmless from any liability that may arise from action or inaction of the Procuring Party. Without limiting the generality of the foregoing, the National IPA Parties make no representations or warranties regarding any Product, Master Agreement or GPO Contract, and shall have no liability for any act or omission by a Supplier or other party under a Master Agreement or GPO Contract. 8. This Agreement shall remain in effect until termination by a party giving 30 days written notice to the other party. The provisions of paragraphs 6, 7 and 8 hereof shall survive any such termination. 9.This Agreement shall take effect upon (i) execution of the Principal Procurement Agency Certificate or (ii) the registration on a National IPA Party website or the execution of this Agreement by a Participating Public Agency, as applicable. Page 438 of 940 NATIONAL INTERGOVERNMENTAL PURCHASING ALLIANCE COMPANY EXHIBITS EXHIBIT D – NATIONAL IPA PRINCIPAL PROCUREMENT AGENCY CERTIFICATE, EXAMPLE Requirements for National Cooperative Contract Page 16 of 24 PRINCIPAL PROCUREMENT AGENCY CERTIFICATE In its capacity as Principal Procurement Agency for National IPA, NAME OF PPA agrees to pursue Master Agreements for Products as specified in the attached exhibits to this Principal Procurement Agency Certificate. I hereby acknowledge, in my capacity as ________ of and on behalf of NAME OF PPA (“Principal Procurement Agency”), that I have read and hereby agree to the general terms and conditions set forth in the attached Master Intergovernmental Cooperative Purchasing Agreement regulating the use of the Master Agreements and purchase of Products that from time to time are made available by Principal Procurement Agencies to Participating Public Agencies nationwide through National Intergovernmental Purchasing Alliance Company (“National IPA”) pursuant to the terms of the Administrative Agreement by and between National IPA and the applicable supplier. I understand that the purchase of one or more Products under the provisions of the Master Intergovernmental Cooperative Purchasing Agreement is at the sole and complete discretion of the Participating Public Agency. Authorized Signature, Principal Procurement Agency Signature Name Title Date Page 439 of 940 NATIONAL INTERGOVERNMENTAL PURCHASING ALLIANCE COMPANY EXHIBITS EXHIBIT E – NATIONAL IPA CONTRACT SALES REPORTING TEMPLATE Requirements for National Cooperative Contract Page 17 of 24 Supplier Name: Contract Sales Report Month: Contract ID: Participating Agency Name Address City State Zip Code Participating Agency # {Assigned by National IPA and provided to Supplier} Transaction Date (Date of Sale) Contract Sales for Month ($) Admin Fee % Admin Fee $ Report Totals Cumulative Contract Sales NATIONAL INTERGOVERNMENTAL PURCHASING ALLIANCE COMPANY EXHIBITS EXHIBIT C - NATIONAL IPA CONTRACT SALES REPORTING TEMPLATE (to be submitted electronically in Microsoft Excel format) National IPA Contract Sales Monthly Report Page 440 of 940 Requirements for National Cooperative Contract Page 18 of 24 NATIONAL INTERGOVERNMENTAL PURCHASING ALLIANCE COMPANY EXHIBITS EXHIBIT F- NATIONAL IPA ADVERTISING COMPLIANCE REQUIREMENT Pursuant to certain state notice provisions, including but not limited to Oregon Revised Statutes Chapter 279A.220, the following public agencies and political subdivisions of the referenced public agencies are eligible to register with National IPA and access the Master Agreement contract award made pursuant to this solicitation, and are hereby given notice of the foregoing request for proposals for purposes of complying with the procedural requirements of said statutes: Nationwide: State of Alabama* State of Hawaii State of Massachusetts State of New Mexico State of South Dakota State of Alaska State of Idaho State of Michigan State of New York State of Tennessee State of Arizona State of Illinois State of Minnesota State of North Carolina State of Texas State of Arkansas State of Indiana State of Mississippi State of North Dakota State of Utah State of California State of Iowa State of Missouri State of Ohio State of Vermont State of Colorado State of Kansas State of Montana State of Oklahoma* State of Virginia State of Connecticut State of Kentucky State of Nebraska State of Oregon State of Washington State of Delaware State of Louisiana State of Nevada State of Pennsylvania State of West Virginia State of Florida State of Maine State of New Hampshire State of Rhode Island State of Wisconsin State of Georgia State of Maryland State of New Jersey State of South Carolina State of Wyoming District of Columbia Lists of political subdivisions and local governments in the above referenced states / districts may be found at http://www.usa.gov/Agencies/State_and_Territories.shtml and https://www.usa.gov/local-governments. *Some public agencies and political subdivisions of these states may be restricted by state statutes that limit competition among cooperative purchasing organizations by only allowing use of purchasing cooperatives sponsored by certain National Associations. Certain Public Agencies and Political Subdivisions: CITIES, TOWNS, VILLAGES AND BOROUGHS INCLUDING BUT NOT LIMITED TO: BAKER CITY GOLF COURSE, OR CITY OF ADAIR VILLAGE, OR CITY OF ASHLAND, OR CITY OF AUMSVILLE, OR CITY OF AURORA, OR CITY OF BAKER, OR CITY OF BATON ROUGE, LA CITY OF BEAVERTON, OR CITY OF BEND, OR CITY OF BOARDMAN, OR CITY OF BONANAZA, OR CITY OF BOSSIER CITY, LA CITY OF BROOKINGS, OR CITY OF BURNS, OR CITY OF CANBY, OR CITY OF CANYONVILLE, OR CITY OF CLATSKANIE, OR CITY OF COBURG, OR CITY OF CONDON, OR CITY OF COQUILLE, OR CITY OF CORVALLI, OR CITY OF CORVALLIS PARKS AND RECREATION DEPARTMENT, OR CITY OF COTTAGE GROVE, OR CITY OF DONALD, OR CITY OF EUGENE, OR CITY OF FOREST GROVE, OR CITY OF GOLD HILL, OR CITY OF GRANTS PASS, OR CITY OF GRESHAM, OR CITY OF HILLSBORO, OR CITY OF INDEPENDENCE, OR CITY AND COUNTY OF HONOLULU, HI CITY OF KENNER, LA CITY OF LA GRANDE, OR CITY OF LAFAYETTE, LA CITY OF LAKE CHARLES, OR CITY OF LEBANON, OR CITY OF MCMINNVILLE, OR CITY OF MEDFORD, OR CITY OF METAIRIE, LA CITY OF MILL CITY, OR CITY OF MILWAUKIE, OR CITY OF MONROE, LA CITY OF MOSIER, OR CITY OF NEW ORLEANS, LA CITY OF NORTH PLAINS, OR CITY OF OREGON CITY, OR CITY OF PILOT ROCK, OR CITY OF PORTLAND, OR CITY OF POWERS, OR CITY OF PRINEVILLE, OR CITY OF REDMOND, OR CITY OF REEDSPORT, OR CITY OF RIDDLE, OR CITY OF ROGUE RIVER, OR CITY OF ROSEBURG, OR CITY OF SALEM, OR CITY OF SANDY, OR CITY OF SCAPPOOSE, OR CITY OF SHADY COVE, OR CITY OF SHERWOOD, OR CITY OF SHREVEPORT, LA CITY OF SILVERTON, OR Page 441 of 940 Requirements for National Cooperative Contract Page 19 of 24 CITY OF SPRINGFIELD, OR CITY OF ST. HELENS, OR CITY OF ST. PAUL, OR CITY OF SULPHUR, LA CITY OF TIGARD, OR CITY OF TROUTDALE, OR CITY OF TUALATIN, OR CITY OF WALKER, LA CITY OF WARRENTON, OR CITY OF WEST LINN, OR CITY OF WILSONVILLE, OR CITY OF WINSTON, OR CITY OF WOODBURN, OR LEAGUE OF OREGON CITES THE CITY OF HAPPY VALLEY OREGON ALPINE, UT ALTA, UT ALTAMONT, UT ALTON, UT AMALGA, UT AMERICAN FORK CITY, UT ANNABELLA, UT ANTIMONY, UT APPLE VALLEY, UT AURORA, UT BALLARD, UT BEAR RIVER CITY, UT BEAVER, UT BICKNELL, UT BIG WATER, UT BLANDING, UT BLUFFDALE, UT BOULDER, UT CITY OF BOUNTIFUL, UT BRIAN HEAD, UT BRIGHAM CITY CORPORATION, UT BRYCE CANYON CITY, UT CANNONVILLE, UT CASTLE DALE, UT CASTLE VALLEY, UT CITY OF CEDAR CITY, UT CEDAR FORT, UT CITY OF CEDAR HILLS, UT CENTERFIELD, UT CENTERVILLE CITY CORPORATION, UT CENTRAL VALLEY, UT CHARLESTON, UT CIRCLEVILLE, UT CLARKSTON, UT CLAWSON, UT CLEARFIELD, UT CLEVELAND, UT CLINTON CITY CORPORATION, UT COALVILLE, UT CORINNE, UT CORNISH, UT COTTONWOOD HEIGHTS, UT DANIEL, UT DELTA, UT DEWEYVILLE, UT DRAPER CITY, UT DUCHESNE, UT EAGLE MOUNTAIN, UT EAST CARBON, UT ELK RIDGE, UT ELMO, UT ELSINORE, UT ELWOOD, UT EMERY, UT ENOCH, UT ENTERPRISE, UT EPHRAIM, UT ESCALANTE, UT EUREKA, UT FAIRFIELD, UT FAIRVIEW, UT FARMINGTON, UT FARR WEST, UT FAYETTE, UT FERRON, UT FIELDING, UT FILLMORE, UT FOUNTAIN GREEN, UT FRANCIS, UT FRUIT HEIGHTS, UT GARDEN CITY, UT GARLAND, UT GENOLA, UT GLENDALE, UT GLENWOOD, UT GOSHEN, UT GRANTSVILLE, UT GREEN RIVER, UT GUNNISON, UT HANKSVILLE, UT HARRISVILLE, UT HATCH, UT HEBER CITY CORPORATION, UT HELPER, UT HENEFER, UT HENRIEVILLE, UT HERRIMAN, UT HIDEOUT, UT HIGHLAND, UT HILDALE, UT HINCKLEY, UT HOLDEN, UT HOLLADAY, UT HONEYVILLE, UT HOOPER, UT HOWELL, UT HUNTINGTON, UT HUNTSVILLE, UT CITY OF HURRICANE, UT HYDE PARK, UT HYRUM, UT INDEPENDENCE, UT IVINS, UT JOSEPH, UT JUNCTION, UT KAMAS, UT KANAB, UT KANARRAVILLE, UT KANOSH, UT KAYSVILLE, UT KINGSTON, UT KOOSHAREM, UT LAKETOWN, UT LA VERKIN, UT LAYTON, UT Page 442 of 940 Requirements for National Cooperative Contract Page 20 of 24 LEAMINGTON, UT LEEDS, UT LEHI CITY CORPORATION, UT LEVAN, UT LEWISTON, UT LINDON, UT LOA, UT LOGAN CITY, UT LYMAN, UT LYNNDYL, UT MANILA, UT MANTI, UT MANTUA, UT MAPLETON, UT MARRIOTT-SLATERVILLE, UT MARYSVALE, UT MAYFIELD, UT MEADOW, UT MENDON, UT MIDVALE CITY INC., UT MIDWAY, UT MILFORD, UT MILLVILLE, UT MINERSVILLE, UT MOAB, UT MONA, UT MONROE, UT CITY OF MONTICELLO, UT MORGAN, UT MORONI, UT MOUNT PLEASANT, UT MURRAY CITY CORPORATION, UT MYTON, UT NAPLES, UT NEPHI, UT NEW HARMONY, UT NEWTON, UT NIBLEY, UT NORTH LOGAN, UT NORTH OGDEN, UT NORTH SALT LAKE CITY, UT OAK CITY, UT OAKLEY, UT OGDEN CITY CORPORATION, UT OPHIR, UT ORANGEVILLE, UT ORDERVILLE, UT OREM, UT PANGUITCH, UT PARADISE, UT PARAGONAH, UT PARK CITY, UT PAROWAN, UT PAYSON, UT PERRY, UT PLAIN CITY, UT PLEASANT GROVE CITY, UT PLEASANT VIEW, UT PLYMOUTH, UT PORTAGE, UT PRICE, UT PROVIDENCE, UT PROVO, UT RANDOLPH, UT REDMOND, UT RICHFIELD, UT RICHMOND, UT RIVERDALE, UT RIVER HEIGHTS, UT RIVERTON CITY, UT ROCKVILLE, UT ROCKY RIDGE, UT ROOSEVELT CITY CORPORATION, UT ROY, UT RUSH VALLEY, UT CITY OF ST. GEORGE, UT SALEM, UT SALINA, UT SALT LAKE CITY CORPORATION, UT SANDY, UT SANTA CLARA, UT SANTAQUIN, UT SARATOGA SPRINGS, UT SCIPIO, UT SCOFIELD, UT SIGURD, UT SMITHFIELD, UT SNOWVILLE, UT CITY OF SOUTH JORDAN, UT SOUTH OGDEN, UT CITY OF SOUTH SALT LAKE, UT SOUTH WEBER, UT SPANISH FORK, UT SPRING CITY, UT SPRINGDALE, UT SPRINGVILLE, UT STERLING, UT STOCKTON, UT SUNNYSIDE, UT SUNSET CITY CORP, UT SYRACUSE, UT TABIONA, UT CITY OF TAYLORSVILLE, UT TOOELE CITY CORPORATION, UT TOQUERVILLE, UT TORREY, UT TREMONTON CITY, UT TRENTON, UT TROPIC, UT UINTAH, UT VERNAL CITY, UT VERNON, UT VINEYARD, UT VIRGIN, UT WALES, UT WALLSBURG, UT WASHINGTON CITY, UT WASHINGTON TERRACE, UT WELLINGTON, UT WELLSVILLE, UT WENDOVER, UT WEST BOUNTIFUL, UT WEST HAVEN, UT WEST JORDAN, UT WEST POINT, UT WEST VALLEY CITY, UT WILLARD, UT WOODLAND HILLS, UT WOODRUFF, UT WOODS CROSS, UT Page 443 of 940 Requirements for National Cooperative Contract Page 21 of 24 COUNTIES AND PARISHES INCLUDING BUT NOT LIMITED TO: ASCENSION PARISH, LA ASCENSION PARISH, LA, CLEAR OF COURT CADDO PARISH, LA CALCASIEU PARISH, LA CALCASIEU PARISH SHERIFF’S OFFICE, LA CITY AND COUNTY OF HONOLULU, HI CLACKAMAS COUNTY, OR CLACKAMAS COUNTY DEPT OF TRANSPORTATION, OR CLATSOP COUNTY, OR COLUMBIA COUNTY, OR COOS COUNTY, OR COOS COUNTY HIGHWAY DEPARTMENT, OR COUNTY OF HAWAII, OR CROOK COUNTY, OR CROOK COUNTY ROAD DEPARTMENT, OR CURRY COUNTY, OR DESCHUTES COUNTY, OR DOUGLAS COUNTY, OR EAST BATON ROUGE PARISH, LA GILLIAM COUNTY, OR GRANT COUNTY, OR HARNEY COUNTY, OR HARNEY COUNTY SHERIFFS OFFICE, OR HAWAII COUNTY, HI HOOD RIVER COUNTY, OR JACKSON COUNTY, OR JEFFERSON COUNTY, OR JEFFERSON PARISH, LA JOSEPHINE COUNTY GOVERNMENT, OR LAFAYETTE CONSOLIDATED GOVERNMENT, LA LAFAYETTE PARISH, LA LAFAYETTE PARISH CONVENTION & VISITORS COMMISSION LAFOURCHE PARISH, LA KAUAI COUNTY, HI KLAMATH COUNTY, OR LAKE COUNTY, OR LANE COUNTY, OR LINCOLN COUNTY, OR LINN COUNTY, OR LIVINGSTON PARISH, LA MALHEUR COUNTY, OR MAUI COUNTY, HI MARION COUNTY, SALEM, OR MORROW COUNTY, OR MULTNOMAH COUNTY, OR MULTNOMAH COUNTY BUSINESS AND COMMUNITY SERVICES, OR MULTNOMAH COUNTY SHERIFFS OFFICE, OR MULTNOMAH LAW LIBRARY, OR ORLEANS PARISH, LA PLAQUEMINES PARISH, LA POLK COUNTY, OR RAPIDES PARISH, LA SAINT CHARLES PARISH, LA SAINT CHARLES PARISH PUBLIC SCHOOLS, LA SAINT LANDRY PARISH, LA SAINT TAMMANY PARISH, LA SHERMAN COUNTY, OR TERREBONNE PARISH, LA TILLAMOOK COUNTY, OR TILLAMOOK COUNTY SHERIFF'S OFFICE, OR TILLAMOOK COUNTY GENERAL HOSPITAL, OR UMATILLA COUNTY, OR UNION COUNTY, OR WALLOWA COUNTY, OR WASCO COUNTY, OR WASHINGTON COUNTY, OR WEST BATON ROUGE PARISH, LA WHEELER COUNTY, OR YAMHILL COUNTY, OR COUNTY OF BOX ELDER, UT COUNTY OF CACHE, UT COUNTY OF RICH, UT COUNTY OF WEBER, UT COUNTY OF MORGAN, UT COUNTY OF DAVIS, UT COUNTY OF SUMMIT, UT COUNTY OF DAGGETT, UT COUNTY OF SALT LAKE, UT COUNTY OF TOOELE, UT COUNTY OF UTAH, UT COUNTY OF WASATCH, UT COUNTY OF DUCHESNE, UT COUNTY OF UINTAH, UT COUNTY OF CARBON, UT COUNTY OF SANPETE, UT COUNTY OF JUAB, UT COUNTY OF MILLARD, UT COUNTY OF SEVIER, UT COUNTY OF EMERY, UT COUNTY OF GRAND, UT COUNTY OF BEVER, UT COUNTY OF PIUTE, UT COUNTY OF WAYNE, UT COUNTY OF SAN JUAN, UT COUNTY OF GARFIELD, UT COUNTY OF KANE, UT COUNTY OF IRON, UT COUNTY OF WASHINGTON, UT OTHER AGENCIES INCLUDING ASSOCIATIONS, BOARDS, DISTRICTS, COMMISSIONS, COUNCILS, PUBLIC CORPORATIONS, PUBLIC DEVELOPMENT AUTHORITIES, RESERVATIONS AND UTILITIES INCLUDING BUT NOT LIMITED TO: BANKS FIRE DISTRICT, OR BATON ROUGE WATER COMPANY BEND METRO PARK AND RECREATION DISTRICT BIENVILLE PARISH FIRE PROTECTION DISTRICT 6, LA BOARDMAN PARK AND RECREATION DISTRICT CENTRAL CITY ECONOMIC OPPORTUNITY CORP, LA CENTRAL OREGON INTERGOVERNMENTAL COUNCIL CITY OF BOGALUSA SCHOOL BOARD, LA CLACKAMAS RIVER WATER CLATSKANIE PEOPLE'S UTILITY DISTRICT CLEAN WATER SERVICES CONFEDERATED TRIBES OF THE UMATILLA INDIAN RESERVATION COOS FOREST PROTECTIVE ASSOCIATION CHEHALEM PARK AND RECREATION DISTRICT DAVID CROCKETT STEAM FIRE COMPANY #1, LA EUGENE WATER AND ELECTRIC BOARD HONOLULU INTERNATIONAL AIRPORT Page 444 of 940 Requirements for National Cooperative Contract Page 22 of 24 HOODLAND FIRE DISTRICT #74 HOUSING AUTHORITY OF PORTLAND ILLINOIS VALLEY FIRE DISTRICT LAFAYETTE AIRPORT COMMISSION, LA LAFOURCHE PARISH HEALTH UNIT – DHH-OPH REGION 3 LOUISIANA PUBLIC SERVICE COMMISSION, LA LOUISIANA WATER WORKS MEDFORD WATER COMMISSION MELHEUR COUNTY JAIL, OR METRO REGIONAL GOVERNMENT METRO REGIONAL PARKS METROPOLITAN EXPOSITION RECREATION COMMISSION METROPOLITAN SERVICE DISTRICT (METRO) MULTNOMAH EDUCATION SERVICE DISTRICT NEW ORLEANS REDEVELOPMENT AUTHORITY, LA NORTHEAST OREGON HOUSING AUTHORITY, OR PORT OF BRANDON, OR PORT OF MORGAN CITY, LA PORTLAND DEVELOPMENT COMMISSION, OR PORTLAND FIRE AND RESCUE PORTLAND HOUSING CENTER, OR OREGON COAST COMMUNITY ACTION OREGON HOUSING AND COMMUNITY SERVICES OREGON LEGISLATIVE ADMINISTRATION ROGUE VALLEY SEWER, OR SAINT LANDRY PARISH TOURIST COMMISSION SAINT MARY PARISH REC DISTRICT 2 SAINT MARY PARISH REC DISTRICT 3 SAINT TAMMANY FIRE DISTRICT 4, LA SALEM MASS TRANSIT DISTRICT SEWERAGE AND WATER BOARD OF NEW ORLEANS, LA SOUTH LAFOURCHE LEVEE DISTRICT, LA TRI-COUNTY METROPOLITAN TRANSPORTATION DISTRICT OF OREGON TUALATIN HILLS PARK & RECREATION DISTRICT TUALATIN VALLEY FIRE & RESCUE TUALATIN VALLEY WATER DISTRICT WILLAMALANE PARK AND RECREATION DISTRICT WILLAMETTE HUMANE SOCIETY K-12 INCLUDING BUT NOT LIMITED TO: ACADIA PARISH SCHOOL BOARD BEAVERTON SCHOOL DISTRICT BEND-LA PINE SCHOOL DISTRICT BOGALUSA HIGH SCHOOL, LA BOSSIER PARISH SCHOOL BOARD BROOKING HARBOR SCHOOL DISTRICT CADDO PARISH SCHOOL DISTRICT CALCASIEU PARISH SCHOOL DISTRICT CANBY SCHOOL DISTRICT CANYONVILLE CHRISTIAN ACADEMY CASCADE SCHOOL DISTRICT CASCADES ACADEMY OF CENTRAL OREGON CENTENNIAL SCHOOL DISTRICT CENTRAL CATHOLIC HIGH SCHOOL CENTRAL POINT SCHOOL DISTRICT NO.6 CENTRAL SCHOOL DISTRICT 13J COOS BAY SCHOOL DISTRICT NO.9 CORVALLIS SCHOOL DISTRICT 509J COUNTY OF YAMHILL SCHOOL DISTRICT 29 CULVER SCHOOL DISTRICT DALLAS SCHOOL DISTRICT NO.2 DAVID DOUGLAS SCHOOL DISTRICT DAYTON SCHOOL DISTRICT NO.8 DE LA SALLE N CATHOLIC HS DESCHUTES COUNTY SCHOOL DISTRICT NO.6 DOUGLAS EDUCATIONAL DISTRICT SERVICE DUFUR SCHOOL DISTRICT NO.29 EAST BATON ROUGE PARISH SCHOOL DISTRICT ESTACADA SCHOOL DISTRICT NO.10B FOREST GROVE SCHOOL DISTRICT GEORGE MIDDLE SCHOOL GLADSTONE SCHOOL DISTRICT GRANTS PASS SCHOOL DISTRICT 7 GREATER ALBANY PUBLIC SCHOOL DISTRICT GRESHAM BARLOW JOINT SCHOOL DISTRICT HEAD START OF LANE COUNTY HIGH DESERT EDUCATION SERVICE DISTRICT HILLSBORO SCHOOL DISTRICT HOOD RIVER COUNTY SCHOOL DISTRICT JACKSON CO SCHOOL DIST NO.9 JEFFERSON COUNTY SCHOOL DISTRICT 509-J JEFFERSON PARISH SCHOOL DISTRICT JEFFERSON SCHOOL DISTRICT JUNCTION CITY SCHOOLS, OR KLAMATH COUNTY SCHOOL DISTRICT KLAMATH FALLS CITY SCHOOLS LAFAYETTE PARISH SCHOOL DISTRICT LAKE OSWEGO SCHOOL DISTRICT 7J LANE COUNTY SCHOOL DISTRICT 4J LINCOLN COUNTY SCHOOL DISTRICT LINN CO. SCHOOL DIST. 95C LIVINGSTON PARISH SCHOOL DISTRICT LOST RIVER JR/SR HIGH SCHOOL LOWELL SCHOOL DISTRICT NO.71 MARION COUNTY SCHOOL DISTRICT MARION COUNTY SCHOOL DISTRICT 103 MARIST HIGH SCHOOL, OR MCMINNVILLE SCHOOL DISTRICT NOAO MEDFORD SCHOOL DISTRICT 549C MITCH CHARTER SCHOOL MONROE SCHOOL DISTRICT NO.1J MORROW COUNTY SCHOOL DIST, OR MULTNOMAH EDUCATION SERVICE DISTRICT MULTISENSORY LEARNING ACADEMY MYRTLE PINT SCHOOL DISTRICT 41 NEAH-KAH-NIE DISTRICT NO.56 NEWBERG PUBLIC SCHOOLS NESTUCCA VALLEY SCHOOL DISTRICT NO.101 NOBEL LEARNING COMMUNITIES NORTH BEND SCHOOL DISTRICT 13 NORTH CLACKAMAS SCHOOL DISTRICT NORTH DOUGLAS SCHOOL DISTRICT NORTH WASCO CITY SCHOOL DISTRICT 21 NORTHWEST REGIONAL EDUCATION SERVICE DISTRICT ONTARIO MIDDLE SCHOOL OREGON TRAIL SCHOOL DISTRICT NOA6 ORLEANS PARISH SCHOOL DISTRICT PHOENIX-TALENT SCHOOL DISTRICT NOA PLEASANT HILL SCHOOL DISTRICT PORTLAND JEWISH ACADEMY PORTLAND PUBLIC SCHOOLS RAPIDES PARISH SCHOOL DISTRICT REDMOND SCHOOL DISTRICT REYNOLDS SCHOOL DISTRICT Page 445 of 940 Requirements for National Cooperative Contract Page 23 of 24 ROGUE RIVER SCHOOL DISTRICT ROSEBURG PUBLIC SCHOOLS SCAPPOOSE SCHOOL DISTRICT 1J SAINT TAMMANY PARISH SCHOOL BOARD, LA SEASIDE SCHOOL DISTRICT 10 SHERWOOD SCHOOL DISTRICT 88J SILVER FALLS SCHOOL DISTRICT 4J SOUTH LANE SCHOOL DISTRICT 45J3 SOUTHERN OREGON EDUCATION SERVICE DISTRICT SPRINGFIELD PUBLIC SCHOOLS SUTHERLIN SCHOOL DISTRICT SWEET HOME SCHOOL DISTRICT NO.55 TERREBONNE PARISH SCHOOL DISTRICT THE CATLIN GABEL SCHOOL TIGARD-TUALATIN SCHOOL DISTRICT UMATILLA MORROW ESD WEST LINN WILSONVILLE SCHOOL DISTRICT WILLAMETTE EDUCATION SERVICE DISTRICT WOODBURN SCHOOL DISTRICT YONCALLA SCHOOL DISTRICT ACADEMY FOR MATH ENGINEERING & SCIENCE (AMES) , UT ALIANZA ACADEMY , UT ALPINE DISTRICT , UT AMERICAN LEADERSHIP ACADEMY , UT AMERICAN PREPARATORY ACADEMY , UT BAER CANYON HIGH SCHOOL FOR SPORTS & MEDICAL SCIENCES , UT BEAR RIVER CHARTER SCHOOL , UT BEAVER SCHOOL DISTRICT , UT BEEHIVE SCIENCE & TECHNOLOGY ACADEMY (BSTA) , UT BOX ELDER SCHOOL DISTRICT , UT CBA CENTER , UT CACHE SCHOOL DISTRICT , UT CANYON RIM ACADEMY , UT CANYONS DISTRICT , UT CARBON SCHOOL DISTRICT , UT CHANNING HALL , UT CHARTER SCHOOL LEWIS ACADEMY , UT CITY ACADEMY , UT DAGGETT SCHOOL DISTRICT , UT DAVINCI ACADEMY , UT DAVIS DISTRICT , UT DUAL IMMERSION ACADEMY , UT DUCHESNE SCHOOL DISTRICT , UT EARLY LIGHT ACADEMY AT DAYBREAK , UT EAST HOLLYWOOD HIGH , UT EDITH BOWEN LABORATORY SCHOOL , UT EMERSON ALCOTT ACADEMY , UT EMERY SCHOOL DISTRICT , UT ENTHEOS ACADEMY , UT EXCELSIOR ACADEMY , UT FAST FORWARD HIGH , UT FREEDOM ACADEMY , UT GARFIELD SCHOOL DISTRICT , UT GATEWAY PREPARATORY ACADEMY , UT GEORGE WASHINGTON ACADEMY , UT GOOD FOUNDATION ACADEMY , UT GRAND SCHOOL DISTRICT , UT GRANITE DISTRICT , UT GUADALUPE SCHOOL , UT HAWTHORN ACADEMY , UT INTECH COLLEGIATE HIGH SCHOOL , UT IRON SCHOOL DISTRICT , UT ITINERIS EARLY COLLEGE HIGH , UT JOHN HANCOCK CHARTER SCHOOL , UT JORDAN DISTRICT , UT JUAB SCHOOL DISTRICT , UT KANE SCHOOL DISTRICT , UT KARL G MAESER PREPARATORY ACADEMY , UT LAKEVIEW ACADEMY , UT LEGACY PREPARATORY ACADEMY , UT LIBERTY ACADEMY , UT LINCOLN ACADEMY , UT LOGAN SCHOOL DISTRICT , UT MARIA MONTESSORI ACADEMY , UT MERIT COLLEGE PREPARATORY ACADEMY , UT MILLARD SCHOOL DISTRICT , UT MOAB CHARTER SCHOOL , UT MONTICELLO ACADEMY , UT MORGAN SCHOOL DISTRICT , UT MOUNTAINVILLE ACADEMY , UT MURRAY SCHOOL DISTRICT , UT NAVIGATOR POINTE ACADEMY , UT NEBO SCHOOL DISTRICT , UT NO UT ACAD FOR MATH ENGINEERING & SCIENCE (NUAMES) , UT NOAH WEBSTER ACADEMY , UT NORTH DAVIS PREPARATORY ACADEMY , UT NORTH SANPETE SCHOOL DISTRICT , UT NORTH STAR ACADEMY , UT NORTH SUMMIT SCHOOL DISTRICT , UT ODYSSEY CHARTER SCHOOL , UT OGDEN PREPARATORY ACADEMY , UT OGDEN SCHOOL DISTRICT , UT OPEN CLASSROOM , UT OPEN HIGH SCHOOL OF UTAH , UT OQUIRRH MOUNTAIN CHARTER SCHOOL , UT PARADIGM HIGH SCHOOL , UT PARK CITY SCHOOL DISTRICT , UT PINNACLE CANYON ACADEMY , UT PIUTE SCHOOL DISTRICT , UT PROVIDENCE HALL , UT PROVO SCHOOL DISTRICT , UT QUAIL RUN PRIMARY SCHOOL , UT QUEST ACADEMY , UT RANCHES ACADEMY , UT REAGAN ACADEMY , UT RENAISSANCE ACADEMY , UT RICH SCHOOL DISTRICT , UT ROCKWELL CHARTER HIGH SCHOOL , UT SALT LAKE ARTS ACADEMY , UT SALT LAKE CENTER FOR SCIENCE EDUCATION, UT SALT LAKE SCHOOL DISTRICT , UT SALT LAKE SCHOOL FOR THE PERFORMING ARTS, UT SAN JUAN SCHOOL DISTRICT , UT SEVIER SCHOOL DISTRICT , UT SOLDIER HOLLOW CHARTER SCHOOL , UT SOUTH SANPETE SCHOOL DISTRICT , UT SOUTH SUMMIT SCHOOL DISTRICT , UT SPECTRUM ACADEMY , UT SUCCESS ACADEMY , UT SUCCESS SCHOOL , UT SUMMIT ACADEMY , UT SUMMIT ACADEMY HIGH SCHOOL , UT SYRACUSE ARTS ACADEMY , UT THOMAS EDISON - NORTH , UT Page 446 of 940 Requirements for National Cooperative Contract Page 24 of 24 TIMPANOGOS ACADEMY , UT TINTIC SCHOOL DISTRICT , UT TOOELE SCHOOL DISTRICT , UT TUACAHN HIGH SCHOOL FOR THE PERFORMING ARTS , UT UINTAH RIVER HIGH , UT UINTAH SCHOOL DISTRICT , UT UTAH CONNECTIONS ACADEMY , UT UTAH COUNTY ACADEMY OF SCIENCE , UT UTAH ELECTRONIC HIGH SCHOOL , UT UTAH SCHOOLS FOR DEAF & BLIND , UT UTAH STATE OFFICE OF EDUCATION , UT UTAH VIRTUAL ACADEMY , UT VENTURE ACADEMY , UT VISTA AT ENTRADA SCHOOL OF PERFORMING ARTS AND TECHNOLOGY , UT WALDEN SCHOOL OF LIBERAL ARTS , UT WASATCH PEAK ACADEMY , UT WASATCH SCHOOL DISTRICT , UT WASHINGTON SCHOOL DISTRICT , UT WAYNE SCHOOL DISTRICT , UT WEBER SCHOOL DISTRICT , UT WEILENMANN SCHOOL OF DISCOVERY , UT HIGHER EDUCATION ARGOSY UNIVERSITY BATON ROUGE COMMUNITY COLLEGE, LA BIRTHINGWAY COLLEGE OF MIDWIFERY BLUE MOUNTAIN COMMUNITY COLLEGE BRIGHAM YOUNG UNIVERSITY - HAWAII CENTRAL OREGON COMMUNITY COLLEGE CENTENARY COLLEGE OF LOUISIANA CHEMEKETA COMMUNITY COLLEGE CLACKAMAS COMMUNITY COLLEGE COLLEGE OF THE MARSHALL ISLANDS COLUMBIA GORGE COMMUNITY COLLEGE CONCORDIA UNIVERSITY GEORGE FOX UNIVERSITY KLAMATH COMMUNITY COLLEGE DISTRICT LANE COMMUNITY COLLEGE LEWIS AND CLARK COLLEGE LINFIELD COLLEGE LINN-BENTON COMMUNITY COLLEGE LOUISIANA COLLEGE, LA LOUISIANA STATE UNIVERSITY LOUISIANA STATE UNIVERSITY HEALTH SERVICES MARYLHURST UNIVERSITY MT. HOOD COMMUNITY COLLEGE MULTNOMAH BIBLE COLLEGE NATIONAL COLLEGE OF NATURAL MEDICINE NORTHWEST CHRISTIAN COLLEGE OREGON HEALTH AND SCIENCE UNIVERSITY OREGON INSTITUTE OF TECHNOLOGY OREGON STATE UNIVERSITY OREGON UNIVERSITY SYSTEM PACIFIC UNIVERSITY PIONEER PACIFIC COLLEGE PORTLAND COMMUNITY COLLEGE PORTLAND STATE UNIVERSITY REED COLLEGE RESEARCH CORPORATION OF THE UNIVERSITY OF HAWAII ROGUE COMMUNITY COLLEGE SOUTHEASTERN LOUISIANA UNIVERSITY SOUTHERN OREGON UNIVERSITY (OREGON UNIVERSITY SYSTEM) SOUTHWESTERN OREGON COMMUNITY COLLEGE TULANE UNIVERSITY TILLAMOOK BAY COMMUNITY COLLEGE UMPQUA COMMUNITY COLLEGE UNIVERSITY OF HAWAII BOARD OF REGENTS UNIVERSITY OF HAWAII-HONOLULU COMMUNITY COLLEGE UNIVERSITY OF OREGON-GRADUATE SCHOOL UNIVERSITY OF PORTLAND UNIVERSITY OF NEW ORLEANS WESTERN OREGON UNIVERSITY WESTERN STATES CHIROPRACTIC COLLEGE WILLAMETTE UNIVERSITY XAVIER UNIVERSITY UTAH SYSTEM OF HIGHER EDUCATION, UT UNIVERSITY OF UTAH, UT UTAH STATE UNIVERSITY, UT WEBER STATE UNIVERSITY, UT SOUTHERN UTAH UNIVERSITY, UT SNOW COLLEGE, UT DIXIE STATE COLLEGE, UT COLLEGE OF EASTERN UTAH, UT UTAH VALLEY UNIVERSITY, UT SALT LAKE COMMUNITY COLLEGE, UT UTAH COLLEGE OF APPLIED TECHNOLOGY, UT STATE AGENCIES ADMIN. SERVICES OFFICE BOARD OF MEDICAL EXAMINERS HAWAII CHILD SUPPORT ENFORCEMENT AGENCY HAWAII DEPARTMENT OF TRANSPORTATION HAWAII HEALTH SYSTEMS CORPORATION OFFICE OF MEDICAL ASSISTANCE PROGRAMS OFFICE OF THE STATE TREASURER OREGON BOARD OF ARCHITECTS OREGON CHILD DEVELOPMENT COALITION OREGON DEPARTMENT OF EDUCATION OREGON DEPARTMENT OF FORESTRY OREGON DEPT OF TRANSPORTATION OREGON DEPT. OF EDUCATION OREGON LOTTERY OREGON OFFICE OF ENERGY OREGON STATE BOARD OF NURSING OREGON STATE DEPT OF CORRECTIONS OREGON STATE POLICE OREGON TOURISM COMMISSION OREGON TRAVEL INFORMATION COUNCIL SANTIAM CANYON COMMUNICATION CENTER SEIU LOCAL 503, OPEU SOH- JUDICIARY CONTRACTS AND PURCH STATE DEPARTMENT OF DEFENSE, STATE OF HAWAII STATE OF HAWAII STATE OF HAWAII, DEPT. OF EDUCATION STATE OF LOUISIANA STATE OF LOUISIANA DEPT. OF EDUCATION STATE OF LOUISIANA, 26TH JUDICIAL DISTRICT ATTORNEY STATE OF UTAH Page 447 of 940 Page 448 of 940 Page 449 of 940 Page 450 of 940 Page 451 of 940 Page 452 of 940 5.J . C ONS E NT A GE ND A 10/15/2019 CIT Y OF BOY NTON BEACH AG ENDA I TEM REQUEST F ORM C O MMIS S IO N ME E T IN G D ATE: 10/15/2019 R E Q U E S TE D AC T IO N B Y C O MMIS S IO N: Approve the minutes from City Commission meeting on October 1, 2019. E X P LAN ATIO N O F R E Q U E S T: The City Commission met on October 1, 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. H O W W IL L T H IS AFF E C T C IT Y P R O G R AMS O R S E RV IC E S? A record of the actions taken by the City Commission will be maintained as a permanent record. FIS C AL IMPAC T: Non-budgeted N/A ALT E R N ATIV E S: Do not approve the minutes. S TR ATE G IC P LAN: Building W ealth in the Community S TR ATE G IC P LAN AP P LIC AT IO N: C L IMAT E AC T IO N: No C L IMAT E AC T IO N D IS C U S S IO N: Is this a grant? Grant Amount: AT TAC H ME N TS: Type Description Minutes Minutes 10-01-2019 Page 453 of 940 MINUTES OF THE CITY COMMISSION MEETING HELD AT THE INTRACOASTAL PARK CLUBHOUSE 2240 N. FEDERAL HIGHWAY, BOYNTON BEACH, FLORIDA ON TUESDAY, OCTOBER 1, 2019, AT 6:30 P.M. PRESENT: Steven B. Grant, Mayor Lori LaVerriere, City Manager Justin Katz, Vice Mayor James Cherof, City Attorney Mack McCray, Commissioner Crystal Gibson, City Clerk Christina Romelus, Commissioner Ty Penserga, Commissioner OPENINGS A. Call to Order - Mayor Steven B. Grant Mayor Grant called the meeting to order at 6:30 p.m. Invocation by Pastor Randy Patterson, Seacrest Presbyterian Church. Pastor Patterson gave the invocation. Pledge of Allegiance to the Flag led by Commissioner McCray. Mayor Grant led the members reciting the Pledge of Allegiance. Roll Call City Clerk Gibson called the roll. A quorum was present. Agenda Approval: 1. Additions, Deletions, Corrections Motion Vice Mayor Katz moved to approve the agenda as presented. Commissioner McCray seconded the motion. 2. Adoption The motion unanimously passed. Page 454 of 940 Meeting Minutes City Commission Boynton Beach, FL October 1, 2019 2 2. OTHER A. Informational items by Members of the City Commission Vice Mayor Katz, Commissioner Romelus and Commissioner Penserga had no disclosures. Commissioner McCray indicated he presented a citation to Bishop Kenneth and Reverend Chiquita Jones of the House of Kingdom Worship Center for their 19th anniversary. He noted the Church was a drop off for Bahamian relief supplies. Mayor Grant informed the Commission on September 18th he attended the United Way Breakfast of Champions and Habitat for Humanity CEO Build. September 19th he attended the Palm Beach County Transportation Planning Agency meeting in Boca Raton, where he was selected to attend the Association of Metropolitan Planning Organization Conference, October 20-25-2019. He met with Michael Weiner, attended a meeting with Quantum Park Overlay Development District. September 20th attended the retirement of Officer Bill Tome at Carver Middle school, he looks forward to his continued work with the City of Boynton Beach. September 21st attended a Feeding South Florida event; he thanked Commissioners Romelus and Penserga for handing out food. September 23rd he attended the Sister Cities meeting, and they requested our delegate to Coalition of Boynton West Residential Association (COBWRA) for a new sister city of Farindola. September 25th he had a meeting with the International College of Health Science. September 26th he met with a representative of the Delray Open. September 27th he attended the Builders Boot Camp, which was held at the little league field. He received some emails regarding the maintenance of the benches. Wished everyone a Shana Tova and said it is the year 5780 in the Jewish calendar. Commissioner McCray requested clarification if the Mayor would be attending as a representative of the City of Boynton Beach or as a representative of the Transportation Planning agency member. Mayor Grant replied he was going as a representative to the Transportation Agency as the Mayor of Boynton Beach. 3. ANNOUNCEMENTS, COMMUNITY AND SPECIAL EVENTS AND PRESENTATIONS A. Lakisha Burch, CMC, Southeast District Director for the Florida Association of City Clerks, will present Judy Pyle with a resolution recognizing her retirement. Lakisha Burch, CMC, Southeast District Director for the Florida Association of City Clerks, presented Judy Pyle with a resolution from the Florida Association of City Clerks. Page 455 of 940 Meeting Minutes City Commission Boynton Beach, FL October 1, 2019 3 Judy Pyle, CMC, former City Clerk of the City of Boynton Beach, accepted the resolution. B. Feeding South Florida will provide a follow up report to the City Commission on the September 21, 2019 Food Distribution Event. Sari Vatske, Executive VP will make the presentation. Sari Vatske, Executive Vice President of Feeding South Florida, announced that in addition to the food drive, the City donated 1000 pounds of food. She thanked the Commissioners and City Manager for participating with distributing the food. Stated hunger does not know a season, age, color or race. Together with their partnership, they served about 262 households, which provided food for 1174 individuals, of which 600 were children. As part of the partnership, the City reached out to the businesses in Boynton Beach, which raised $1000. Updated the Commission on a program called Extra Helping, powered by a Google platform called Meal Connect, which helps connect food from businesses and restaurants and get it to those which need the food. There are five restaurants that would be participating in the Extra Helping. Commissioner Romelus asked for clarification regarding Extra Helping. Ms. Vatske noted in the United States about 40% of all food goes to waste. Meal Connect is a platform supported by Google, Walmart and General Mills. This program allows volunteers to help rescue food; the application would inform the volunteer to pick up the food. Commissioner Romelus asked how the restaurants could get involved. Ms. Vatske suggested the restaurants visit the FeedingSouthFlorida.com website. C. Announce that the City is partnering with Community Greening to host a Tree Giveaway on October 5, 10am-12pm at Sara Sims Park. Mayor Grant announced the City of Boynton Beach would collaborate with Community Greening to host a tree giveaway on October 5, 2019, from 10:00am to 12:00 noon. Rebecca Harvey, Sustainability Coordinator, announced the City was proud to partner with the local nonprofit Community Greening to host a tree a give-a-away at the newly renovated Sara Sims Park located at 209 NW 9th Avenue. This event is sponsored by a community revitalization grant from the Community Foundation of Palm Beach and Martin County. This was part of a larger project focused in the Heart of Boynton increasing the tree canopy and public greening in the neighborhood. The project would include school planting, urban orchard planting, an additional tree giveaway in conjunction with Earth Day. D. Recreation & Parks Director will make an announcement about the 2019 Fall Festival that will be held at Intracoastal Park on Saturday, October 19 from 3 P.M. Page 456 of 940 Meeting Minutes City Commission Boynton Beach, FL October 1, 2019 4 to 6 P.M. So dress in your best costume and take memorable pictures. The first twenty-five participants to attend the event will receive a free pumpkin. Wally Mayors, Recreation & Parks Director, announced the City of Boynton Beach Fall Festival being held at the Intracoastal Park on Saturday, October 19, 2019; from 3:00 pm to 6:00 pm. Noted this is a free event and open to the public. This Saturday, October 5, 2019, the Boynton Beach Wildcats are hosting their homecoming activities. They are playing Miami Gardens Little League. The first game begins at 10:00 am and last game at 7:00 pm. Introduced Diane Valentini as the new Manager of the Cultural Center. E. Recreation & Parks Department Assistant Director Kacy Young will make an announcement regarding the 6th Annual Rally for the Cure event that will be held at the City's Tennis Center, 3111 S. Congress Avenue, on Saturday, October 26 beginning at 9 A.M. Kacy Young, Recreation & Parks Assistant Director, announced the 6th Annual Rally for the Cure tennis tournament held at the City of Boynton Beach Tennis Center, located at 3111 South Congress Avenue, Saturday, October 26, 2019, beginning at 9:00 am till 12 pm. There is a cost of $25 per person. This tournament provides a platform for Breast Cancer awareness. After the tournament, there would be a light lunch served by Texas Roadhouse. F. The City of Boynton Beach recognizes the efforts of the Alzheimer’s Association and their annual Walk To End Alzheimer’s, held this year on Saturday October 19, 2019 at Meyer Amphitheatre to raise funds and promote awareness to fight Alzheimer’s disease and related disorders, thereby improving the quality of human life for those living with Alzheimer’s disease and their caregivers. Mayor Grant recognized the efforts of the Alzheimer Association provided a proclamation. Keith Gibson, representative of Alzheimer’s Association, Southeast Chapter. He challenged all to come out to support the annual Walk to End Alzheimer’s.. G. Proclamation in recognition of the fourth annual national Energy Efficiency Day on October 2 2019, the City of Boynton Beach is joining regional and national organizations, businesses, utilities, and individuals working to promote energy efficiency – the cheapest, quickest way to meet our energy needs, cut consumer bills and reduce pollution. Energy efficiency is also an economic engine, supporting 2.3 million jobs nationwide in manufacturing, construction and other fields. Mayor Grant read a proclamation recognizing the fourth annual National Energy Efficiency Day on October 2, 2019 in the City of Boynton Beach. Rebecca Harvey, Sustainability Coordinator, accepted the proclamation for Energy Efficiency Day. Pointed out energy efficiency means smart energy use, adopting efficient Page 457 of 940 Meeting Minutes City Commission Boynton Beach, FL October 1, 2019 5 technology, using less energy to provide the same service and appliances, which are more efficient. Energy efficiency fosters social equity by saving households hundreds of dollars per year. The City of Boynton Beach has a program which rewards businesses and residents for making smart energy choices. The Energy Edge Rebate program uses funds from the green building fee to provide rebates up to $1,500 to residents and small businesses for installing solar panel, electric vehicle chargers, and energy efficient improvements, water heaters, doors, windows and more. Eligible property owners or businesses must apply before completing their project. Mayor Grant inquired how much in rebates was given to the residents through its Energy Edge Rebate program. Ms. Harvey replied she believes it was about $60,000. Mayor Grant asked how much money was available as of the New Year 2019/2020. H. Proclaim the week of October 13-19, 2019 as Poverty Awareness Week in the City of Boynton Beach. Mr. Ontario "OJ" Johnson will be accepting the proclamation. Mayor Grant proclaimed the week of October 13-19, 2019 as Poverty Awareness Week in the City of Boynton Beach. Ontario “OJ” Johnson, representative of Pathways to Prosperity and CIRCLES Palm Beach County, thanked the Commission for the proclamation. Noted poverty is not just the poor person’s problem, it is everyone’s problem. The program provides for individuals under the Federal poverty guidelines and teaches them different ways of looking at money, savings, approach to employment, which changes the entire outlook. Mr. Johnson introduced Latoya Scott, graduating class of 2016 in the CIRCLES Palm Beach County program. Ms. Scott was able to take the tools she received from CIRCLES, and saved $20,000 to purchase a home. Ms. Scott began the program under the 125% Federal poverty level. The approach was about ending poverty through community. The attendees set goals and move towards being self-sufficient. There is an opportunity to help and share wisdom; let us attack poverty as a unit. Commissioner McCray asked for information regarding the graduation class. Mr. Johnson explained Pathways to Prosperity is an 18-week program, which teaches self-sufficiency. If needed, the attendees return for guidance of Community Resources such as financial, insurance, to help them to achieve goals. Latoya Scott indicated she was a resident of the City of Boynton Beach prior to purchasing her home in Port Saint Lucie. Thanked the CIRCLES Palm Beach County program and the City of Boynton Beach. I. Mayor Steven B. Grant will proclaim that the City of Boynton Beach is committed to partnering with the United States Census Bureau to help ensure a full and Page 458 of 940 Meeting Minutes City Commission Boynton Beach, FL October 1, 2019 6 accurate count in 2020 and will establish a complete count committee. Sandy Goodman, US Census Partnership Representative, will accept the proclamation. Mayor Grant proclaimed the City of Boynton Beach is partnering with the United States Census Bureau to help ensure a full and accurate count of residents. Sandy Goodman, US Census Partnership Representative, accepted the proclamation. Thanked the Boynton Beach and said the City of Boynton Beach excels in its marketing campaign; they continue to create messages which works. The jingle, which was developed by the City of Boynton Beach, “don’t forget to count your kids”, was so impressive it was forwarded to the regional office in Atlanta. They are working on this to be replicated to be implemented everywhere. In addition, the “Baby on Board” is being replicated by other cities. He stated after researching Palm Beach County website, for municipalities he choose to use Boynton Beach as the example as what is the best, they have the greatest/best presentation of census presentation. He notified the other municipalities replicate what Boynton Beach has done. He looks forward to a complete and accurate count. J. Announce the "Topping Off" Event by Eleanor Krusell, Public Communications & Marketing Director Eleanor Krusell, Public Communication & Marketing Director, announced the construction of the City Hall and Library is reaching its completion of the structural phase and there will be a celebration and signing held October 2nd from 11:30am-1:00 pm. K. Coffee with a Cop. Vanessa Snow, Assistant Police Chief, City of Boynton Beach, noted the event is on Wednesday, October 3, 2019 at Brooklyn Water Bagel, from 8:00 am until 10:30 am. Come out and have some good conversation. L. Drop in for Business over Coffee David Scott, Economic Development Director, announced on the First Thursday of each month, a free networking event for City businesses is at Fire Station 5, located at 2080 High Ridge road. Business over coffee. Mayor Grant requested an explanation of “Why Boynton?”. Mr. Scott noted this asks a question and gives answers on why open a business in Boynton Beach. The website shows businesses and residents why so many businesses and residents choose Boynton Beach as their home. On the main website is everything beautiful about Boynton and why to invest in Boynton Beach. Page 459 of 940 Meeting Minutes City Commission Boynton Beach, FL October 1, 2019 7 4. PUBLIC AUDIENCE INDIVIDUAL SPEAKERS W ILL 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) Minister Bernard Wright, Bernard Wright Ministries, Real Talk Radio, and Robert E. Wells’ Foundation, wanted to speak about the Cultural Center at the Old School House. In 2014, he initiated a historical research project, which the cultural history represented. He asked to be involved and engaged in the cultural center. Mayor Grant stated he could get involved with the Historical Resources and Preservation Board. Minister Wright stated he was working to get Poinciana school recognized on the historical registry Commissioner McCray stated we are all citizens of Boynton Beach. Susan Oyer, 140 SE 127 Way, invited the entire Commission to raise money for delegates of Farindola. Noted when she and the Mayor visited, the same was done for them. Requested help getting a permit for solar panels approved. Commissioner McCray thanked Ms. Oyer for keeping the City abreast of Global Warming. Kalra Lakhmichand, 3842 South Lake Drive, wanted to present some slides and expressed he was the only person which has an access to the property on Lake Ida. Vice Mayor Katz, encouraged Mr. Lakhmichand to send the slides to the Commission. Commissioner Romelus agreed and reiterated to Mr. Lakmichand to send the slides to all Commissioners to have the presentation viewed publicly. Mr. LaVerriere indicated she placed a call to the Interim City Manager of Delray Beach and spoke with Mr. Fishman after the last meeting. Mr. Lakmichand stated the City of Delray Beach would annex the land. Gary L. Fishman, 3504 Diane Drive, pointed out his neighborhood is in Boynton Beach. Noted the City does have a horse in this race, this land was stolen from Mr. Lakmichand. The access would be though their neighborhood. He stated it does not make sense to put a park in this area. Please help Mr. Lakmichand put luxury homes in this neighborhood. This was important, thanking the Commission in advance for their support. Commissioner McCray clarified the City of Delray did not steal the land, that property should have been a connector; he restated that Delray did not steal the land. Tory Orr, 407 NE 17 Avenue, said he attended the fast hiring at the City and it was a joke. There were more than 200 people turned away. The computer was supposed to Page 460 of 940 Meeting Minutes City Commission Boynton Beach, FL October 1, 2019 8 push out interviews. Mr. Orr stated the Heart of Boynton is left for dead. Indicated the City was forcing their hand. He knocked on doors, and told people they would have an interview from the City of Boynton Beach. This did not happen. He has a felony and has been clean for 9 years and paid his debt, but will never be given a chance. He represents Boynton Strong, showing up and their love and commitment. He said what the City did was wrong. Charles Hunt, 1330 NW 1st Court, requested information regarding the land which was cleaned up adjacent to his property. His entire neighborhood wants to know what was going on. On the west side of Seacrest as soon as you cross the canal, the area is now beautiful. Mayor Grant indicated this was private property. Commissioner McCray stated this was private land owned by the Bible Church of Boynton, they just cleaned their property. They made their property look beautiful. Mr. Hunt stated when they got to his house they stopped. The property was owned by Lake Worth Drainage District. He was interested in the Historical Preservation Board seat available. Mayor Grant indicated the applications are online or at the City Clerk’s office. No one else coming forward, Public Audience was closed. 5. ADMINISTRATIVE A. Appoint eligible members of the community to serve in vacant positions on City advisory boards. Mayor Grant read open board positions. 6. CONSENT AGENDA Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments Mayor Grant requested to pull item C. A. PROPOSED RESOLUTION NO. R19-103 - Authorize the City Manager to enter into an agreement for renewal of an annual subscription to EBSCO Page 461 of 940 Meeting Minutes City Commission Boynton Beach, FL October 1, 2019 9 Learning Express Database for one year in the amount of $9,452.00 for the Library. B. PROPOSED RESOLUTION R19-104 - Approve and authorize the City Manager to enter into an agreement for renewal of an annual subscription to ProQuest Ancestry Library Database for one year in the amount of $3,380. C. PROPOSED RESOLUTION NO.19-105 - Authorize the City Manager to sign all documents associated with the acceptance and grant agreement for the VOCA grant subject to the approval of the City Attorney. Mayor Grant wanted to clarify the City Manager would be signing the VOCA grant application. Commissioner McCray asked if this was because of the dollar amount. Mayor Grant indicated the City Manager’s name is on the VOCA grant application. Attorney Cherof noted the City Manager is authorized to sign all documents relating to the VOCA grant. Motion Commissioner McCray moved to approve. Motion seconded by Vice Mayor Katz. That unanimously passed. D. Accept the Fiscal Year 2018-2019 Budget Status Report of the General Fund and the Utilities Fund for the eleven (11) month period ended August 31, 2019. E. Approve utilizing the Village of Wellington Contract No. 024-16/DZ with Professional Tennis Court Services for tennis court maintenance under the same scope, specification, terms, conditions, and price per tennis court totaling $78,741.48 annually based on the seventeen (17) above ground tennis courts for a one-year term starting October 1, 2019. F. Approve the minutes from City Commission meeting held on September 17, 2019. Motion Vice Mayor Katz moved to approve the remainder of the Consent Agenda. Commissioner McCray seconded the motion that unanimously passed. 7. CONSENT BIDS AND PURCHASES OVER $100,000 A. PROPOSED RESOLUTION NO. 19-106 - Approve and authorize the City Manager to sign an Agreement utilizing the City of West Palm Beach Page 462 of 940 Meeting Minutes City Commission Boynton Beach, FL October 1, 2019 10 Supplemental Staff Agreement with U.S. Water Services Corporation (ITB 16- 17-119) for water and wastewater operation and management services thru June 06, 2020 for an amount not to exceed $110,000. The West Palm Beach procurement process satisfies the City's competitive bid requirements. B. PROPOSED RESOLUTION NO. R19-107 - Authorize Mayor Grant to sign the Hazard Mitigation Program Grant (HMGP) cost-reimbursement Contract #H0054 for Phase I/pre-award of Lakeside Gardens Neighborhood (Dimick and Potter Rd. project) – Drainage Improvement FEMA project number 4337-121- R, obligating federal funds for the amount of $83,250.00 with a $27,750.00 match from Utilities for a total of $111,000.00. The period of performance is upon execution thru June 30, 2020. C. Authorize the purchase of Extreme Networks switches, access points, licensing, and maintenance from STEPcg of Covington, KY in the amount of $362,491.29, utilizing the State of Florida Alternate Contract Source Number 43220000-WSA-14-ACS for the purchase, installation, and configuration of networking equipment at City Hall, Old High School/Cultural Center, and Fire Station #1. The State of Florida Alternate Contract complies with the City of Boynton Beach's competitive bid requirements. D. Approve utilizing the Palm Beach County Contract No. 19069 (Bid No. 19- 069/MB) with Morton Salt, Inc. for Sodium Chloride under the same terms, conditions, and prices for a one-year term for an estimated annual expenditure of $207,000. Motion Commissioner McCray moved to approve the Consent Agenda over $100,000. Commissioner Penserga seconded the motion that 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. 19-012 - SECOND READING - Approve text amendments to the Comprehensive Plan Future Land Use, Intergovernmental Coordination and Capital Improvements Elements, reflecting elimination of school concurrency and deletion of Public School Facilities Element; and Attorney Cherof read the proposed Ordinance No. 19-012 into the record by title only on second reading. Page 463 of 940 Meeting Minutes City Commission Boynton Beach, FL October 1, 2019 11 Motion Commissioner McCray moved to approve. Commissioner Penserga seconded the motion. City Clerk Gibson called the roll. Vote was 5-0. PROPOSED ORDINANCE NO. 19-13 - SECOND READING - Approve text amendments to the Comprehensive Plan Transportation Element creating the framework for potential future establishment of mobility fee. City-initiated. Attorney Cherof read the proposed Ordinance No. 19-13 into the record by title only on second reading. Motion Commissioner McCray moved to approve. Commissioner Penserga seconded the motion. Mayor Grant indicated was very important for the City of Boynton Beach to help improve the transportation of the City of Boynton Beach City Clerk Gibson called the roll. Vote was 5-0 B. PROPOSED ORDINANCE NO. 19-029 - SECOND READING - Approve request for abandonment of a portion of the unimproved NE 3rd Street right-of- way, north of NE 9th Avenue, in connection with: Attorney Cherof read the proposed Ordinance No. 19-029 into the record by title only on second reading. Motion Commissioner McCray moved to approve. Seconded by Commissioner Romelus with discussion. Commissioner McCray stated this is something which was long overdue. Mayor Grant agreed. City Clerk Gibson called the roll. Vote was 5-0 PROPOSED RESOLUTION NO. R19-100 - Accepting the dedication of property from the Community Redevelopment Agency (CRA) and realignment, and extension of NE 3rd Street from NE 9th Avenue to Martin Luther King, Jr. Page 464 of 940 Meeting Minutes City Commission Boynton Beach, FL October 1, 2019 12 Boulevard (ABAN 19-001). (Resolution adoption will be upon second reading of the Ordinance) Applicant ; Michael Simon, CRA Executive Director. Mayor Grant read the proposed Resolution No. R19-100 into the record by title only. Motion Commissioner McCray moved to approve. Commissioner Penserga seconded the motion that unanimously passed. C. PROPOSED ORDINANCE NO.19-034 - SECOND READING - Approving efficiency improvements to the Site Plan Review Process (CDRV 19-007) through amendments to the LAND DEVELOPMENT REGULATIONS Chapter 2. Land Development Process, Article II. Planning and Zoning Division Services, Section 2. F. Site Plan, Including Time Extension and Modifications that begin implementing staff recommendations from the internal review of the City's development review process. Applicant: City-initiated. Attorney Cherof read the proposed Ordinance No. 19-034 into the record by title only on second reading. Motion Commissioner McCray moved to approve. Commissioner Penserga seconded the motion. Mayor Grant inquired about site plans expirations timelines. Amanda Bassiely, Principal Planner, responded currently site plans have an 18-month timeline; there is a built in extension. Mayor Grant asked if there was a maximum time allowed. Ms. Bassiely responded there is a State regulation. Ed Breese, Planning & Zoning Administrator, responded 18 months is what is granted, unless it was from the governor’s office. Site plans issued by the City are 18 months, and the applicant are able to apply for an extension. If nothing has been accomplished on the site plan, the extension could be denied. Mayor Grant had some issues with site plans approval, and then nothing takes place on the site. He provided an example of the Club currently being build. The site plan initially approved in 2009 and it took more than 10 years before construction began. Mr. Breese replied the permit approved during the downturn in the economy. The applicant received extensions and permits. Page 465 of 940 Meeting Minutes City Commission Boynton Beach, FL October 1, 2019 13 Mayor Grant asked if there was a way to protect future City Commissions from the issue of a site plan approved but never moved forward. Inquired if Commission could place a maximum of five years for site plans regardless of emergency declarations. Mr. Breese responded the City could approve a one-time extension, for city issued permits. The City does not have any control over emergency declaration. Mayor Grant asked if the Governor issues an emergency declaration, the City does not have any control. Mr. Breese stated if the Governor issues an emergency order, the applicant gets to tack on additional time. Commissioner Penserga asked what are the types of declarations of emergency. Mr. Breese explained that they had Zika, Algae, Opioid he stated as long as it affects Palm Beach County the City of Boynton Beach is affected. Commissioner Romelus agreed if the permitting were under the City purview, she would be in favor of some type of cap on the time. Mayor Grant asked if the City could ask if they could reapply and be subject to a new tax. Mr. Breese stated it depends on the type of application. Mayor Grant provided an example - Cortina, the site plan was approved in 2000, but based on the old ordinances. Mr. Breese stated they have a valid permit to move forward. This was a phase project, indicated in a non-phase project the City could review the project based on the current code. Mayor Grant opened to public comments. Susan Oyer, 140 SW 27 Way, noted the language should be changed. Mayor Grant inquired if the City could have the minimum of 12 months instead of 18 months? Mr. Breese stated at one point, the City elected to have minimum of 12 months. Staff found many developers were asking for extensions. Staff has no objections changing from 18 months to 12 months, which only affects City of Boynton Beach time extensions not governed by the State. Mayor Grant asked if there were a new declaration of emergency the applicant would receive additional time. Mr. Breese indicated that was correct. He suggested working with the lobbyist to bring this before the legislature. There are projects which have four or five years just sitting unbuilt. Mayor Grant asked if this board would be willing to have less than 18 moths. Vice Mayor Katz stated by virtue of the emergency, changing our Code does not affect the State Statute. Vice Mayor Katz stated it may take 18 months to secure financing, we Page 466 of 940 Meeting Minutes City Commission Boynton Beach, FL October 1, 2019 14 could create a problem by reducing the time. There may be more appeals. He does not think this could be solved with a local ordinance. Commissioner McCray was in agreement with Vice Mayor Katz. Commissioner McCray agreed with Vice Mayor Katz. Mayor Grant indicated the developer tries to sell the plan to the highest bidder. The City could have 12 months with two extensions. Commissioner Romelus stated she was not in agreement with the Mayor. Commissioner Penserga stated the problem needed to be fixed, this was a State issue. The lobbyist needed to be aware of the City’s concerns. Motion City Clerk Gibson called the roll. Vote 4-1 (Mayor Grant dissenting) D. Approve MLK Overlay and Use Matrix Revisions Part I (CDRV 19-006) - Amending the LAND DEVELOPMENT REGULATIONS: Mayor Grant read the item into the record. Motion PROPOSED ORDINANCE NO. 19-030 - SECOND READING - Amending the LAND DEVELOPMENT REGULATIONS: (1) Chapter 1. General Administration, Article II. Definitions; Attorney Cherof read proposed Ordinance No. 19-030 into the record by title only on second reading. Motion Commissioner Romelus moved to approve. Commissioner McCray seconded the motion. City Clerk Gibson called the roll. Vote was 5-0 PROPOSED ORDINANCE NO. 19-031 - SECOND READING - (2) Chapter 2. Land Development Process, Article II. Planning and Zoning Division Services; Attorney Cherof read proposed Ordinance No. 19-031 into the record by title by title only on second reading. Page 467 of 940 Meeting Minutes City Commission Boynton Beach, FL October 1, 2019 15 Motion Commissioner Penserga moved to approve. Commissioner Romelus seconded the motion. City Clerk Gibson called the roll. Vote was 5-0 PROPOSED ORDINANCE NO. 19-032 - SECOND READING - (3) Chapter 3. Zoning, Article III. Zoning Districts and Overlays, and Article IV. Use Regulations; and Attorney Cherof read proposed Ordinance No. 19-032 into the record by title only on second reading. Motion Commissioner McCray moved to approve. Commissioner Penserga seconded the motion. City Clerk Gibson called the roll. Vote was 5-0 A. PROPOSED ORDINANCE NO. 19-033 - SECOND READING - (4) Chapter 4. Site Development Standards, Article V. Minimum off-Street Parking Requirements, to implement modifications to MLK Overlay, modifications to rezoning-master plan application process, corrections pertaining to Mixed-Use zoning districts and revisions to Use Matrix, Residential and Lodging category. Applicant: City-initiated. Attorney Cherof read proposed Ordinance No. 19-033 into the record by title only on second reading. Motion Commissioner McCray moved to approve. Commissioner Penserga seconded the motion. City Clerk Gibson called the roll. Vote was 5-0 Commissioner Romelus asked if the Commission wanted to list this as a legislative priority to the lobbyist. Lori LaVerriere, City Manager, stated staff was working on a draft listing of items presented to the Commission prior to submitting to the lobbyist. Page 468 of 940 Meeting Minutes City Commission Boynton Beach, FL October 1, 2019 16 9. CITY MANAGER’S REPORT A. An updated administrative Social Media Use Policy has been developed by the Public Communications and Marketing Department. Lori LaVerriere, City Manager, stated the social media policy was an administrative policy, which covers all employees as well as the elected officials’ use of public media. Eleanor Krusell, Marketing Director indicated staff has made many changes to the social media policy. The main changes she shared, was the approval process for users. She stated in the past, employees created Facebook accounts. Language and ADA has been included as well as policy for training for all who are on social media sites. Mayor Grants requested clarification regarding campaign accounts. He asked if this refers to the City of Boynton Beach campaign accounts or any campaign accounts. Ms. Krusell stated as an example if anything is posted on Mayor Grant’s Facebook, the Mayor must adhere to the policy not promoting other campaigns. Commissioner McCray asked when would there be training sessions. Ms. Krusell indicated there would be training in mid-November, one for elected officials and one for staff. Commissioner Romelus thanked Ms. Krusell for the social media policy. Vice Mayor Katz requested additional clarification regarding elected officials’ accounts, which are not regulated by the city. He asked if he could not endorse another candidate. There is a reference to sharing or liking a candidate which the policy prohibits. Attorney Cherof stated the way the policy was written, the answer was yes. Vice Mayor Katz stated he has issues with that. Noted he was not an employee of the City of Boynton Beach, but an elected official. If he had a City-run Facebook page he could understand; the elected officials are not employees. Commissioner Romelus stated it was offered, for the elected official could decide not to follow these rules. The City does not have any recourse. Vice Mayor Katz stated it was a violation of a policy rule, which could be used against him, they could be admonished. Mayor Grant stated there are personal accounts and work accounts. We cannot use our title to make money on social media. Attorney Cherof responded yes. He suggested in Section 2, the City could add language, “the following non-binding recommendation offered”. Vice Mayor Katz stated he would be comfortable with that. Commissioner Romelus stated staff could take out item D. (Gavel passed to the Vice Mayor) Page 469 of 940 Meeting Minutes City Commission Boynton Beach, FL October 1, 2019 17 Motion Commissioner Romelus moved to approve as written. Mayor Grant seconded the motion. Vote 3-2 (Vice Mayor Katz and Commissioner McCray dissenting) B. City staff and the development team for Town Square will provide a brief update to the Commission on the status of the project. Colin Groff, Assistant City Manager, introduced Mark Hefferin. Mark Hefferin, E2L Real Estate Solutions, LLC, thanked the Commission for the opportunity to provide an update. Stated the Police building off High Ridge and Gateway is scheduled for completion in February 2020. Met with the Chief of Police and everything was on scheduled. Provided some video photo clips of the police department, the Art Center and City Hall. Informed the Commission the waste material is being reused as the road base; the mission of the City was a sustainable community. The District energy system Chiller, which will serve Town Square, is now being commissioned. Staff is working with FPL getting the final power connected to the facility. The Fire Station adjacent to the Chiller is expected to be fully operational February 2020. City Hall Library is on schedule and they are on budget. Commissioner McCray inquired if the security system has been ordered for the police department. Mr. Hefferin replied the order has been placed, and Motorola was the winning bidder.. It was a constant challenge to stay up with technology. Shot Spotter would be implemented throughout Town Square. Commissioner Penserga inquired if there were any unexpected issues for Town Square. Mr. Hefferin indicated they have been very fortunate concerning Hurricanes. They lost more than one week with the preparation for Hurricane Dorian. Indicated there was an incident where one of the workers on the City Hall building was using a piece of equipment to set one of the panels, which came loose from the building. Because of this incident, two days was lost for an investigation with OSHA. He stated there are always challenges. They are very successful with Building Wealth in the Community. Vice Mayor Katz wanted to have similar information regarding parking information. He is requesting City staff and members of the partnership regarding plans to mitigate plans or concerns. He wants to know as soon as possible of any issues. Commissioner Penserga stated he supported that request. Page 470 of 940 Meeting Minutes City Commission Boynton Beach, FL October 1, 2019 18 Mayor Grant requested a consensus to provide updates on the parking in Town Square. There was consensus. John Markey, JKM Developers, spoke about the Building Wealth in the Community. He noted JKM Developers has been participating in City job fairs, worked with David Scott of Economic Development. He has expressed to the City Manager that one of the best things this City has done was to hire Mr. Scott. Stated the main architect is a Boynton Beach based Architect. The Technical engineer has been in Boynton Beach for years. He has been in Boynton Beach for many years. Commissioner McCray inquired how long Mr. Markey has been working in Boynton Beach. Mr. Markey replied he began working in Boynton Beach in 1996. They are making a conscious effort to hire from within Boynton Beach. He understands the construction phase would have at least 60% of local contractors. Mr. Markey stated the south garage permit has been approved. He explained at the last commission meeting both buildings needed to be financed together. They are in the process of buying out that project; they hope to have a guarantee maximum price contract to close financing on that project within 30 days. The garage construction is currently scheduled to commence November 1, 2019, and part of that is predicated on the understanding the site would be ready. The schedule is for June 2020. They are confident the Central Building could be accelerated; there are 3-4 different units.. They are working with staff regarding the north garage. Commissioner Penserga asked for a completion date for the parking lot. Mr. Markey stated the completion date was June 2020. 10. UNFINISHED BUSINESS - None 11. NEW BUSINESS A. Approve Request of Commissioner Romelus to distribute $500.00 of her Community Support funds to Growing Strong Ministries, Inc Motion Commissioner McCray moved to approve. Commissioner Penserga seconded the motion. 12. LEGAL A. Pursuant to Section 286.011(8), Florida Statutes, the City Attorney is requesting a private attorney-client session of the City Commission to discuss pending litigation. Page 471 of 940 Meeting Minutes City Commission Boynton Beach, FL October 1, 2019 19 DAVID FLOERING, Plaintiff, vs. PAUL FREDERICK GREEN, CITY OF BOYNTON BEACH and STATE NATIONAL INSURANCE COMPANY, INC., a Foreign for Profit Corporation, Defendants – Palm Beach County Circuit Court Case No. 50 2017 CA 010537 Attorney Cherof requested to have an Attorney Client session with the Commission. In attendance will be the City Attorney James Cherof along with Assistant City Attorney Tracey DeCarlo, City Manager Lori LaVerriere, a Court Reporter, the Mayor and City Commission. We will need approximately 45 minutes. Mayor Grant suggested October 15, 2019 at 5:30 pm. There was a consensus for October 15, 2019 at 5:30 pm. B. City Commission authorization to file four (4) separate lawsuits on non- homestead properties. Mayor Grant read the item into the record. Motion Vice Mayor Katz moved to approve. Commissioner McCray seconded the motion. Mayor Grant requested a list of the property addresses. Commissioner Penserga asked if all the property owners have been notified of the liens. Attorney Cherof stated they all are aware that the city has initiated activity on the property, which gives rise to a lien. In addition, that there are outstanding amounts. In conjunction with proceeding litigation, it would give them another notice. Once it is established who should have notice, everyone would receive a written notice. Commissioner Penserga asked how many have replied or made some effort to come into compliance. Adam Temple, Community Standards Director, stated throughout the course of the Code Enforcement process all of the property owners have been served noticed, within the prescribed parameters. He provided addresses of the properties. Commissioner Romelus asked when was the most recent communication made with these property owners. Mr. Temple stated there were different dates. Page 472 of 940 Meeting Minutes City Commission Boynton Beach, FL October 1, 2019 20 Attorney Cherof stated that in respect to the Benjamin Ho property, communication was within the past 10 days as he appeared before the Building Board of Adjustment and Appeals. They discussed their case and the condition of one of their properties. Commissioner Romelus stated that was within the past 10 days. Attorney Cherof stated they did not deal with any of the issues regarding the Code Compliance issues. They were only dealing with the building. Mayor Grant asked the expected cost from start to the end to foreclose on a property. Mr. Temple stated it was about $10,000. Commissioner Romelus stated there was a lien case where the property was not aware there was a lien on the property. The owner was only asked to pay the administrative fees. She was not comfortable foreclosing on properties. Vice Mayor Katz just because the City files a lawsuit does not mean the property owner could not come to a meeting to find an option other than foreclosure. Commissioner McCray noted filing a lawsuit would let these individuals understand the City was serious. Motion Commissioner McCray moved to approve. Commissioner Penserga seconded the motion. Vote 4-1 (Commissioner Romelus dissenting) C. PROPOSED ORDINANCE NO. 19-035 - SECOND READING - Approve Ordinance establishing regulations regarding the posting of underage drinking signs. Attorney Cherof read proposed Ordinance No. 19-035 into the record by title only on second reading. Motion Vice Mayor Katz moved to approve with discussion. Commissioner Penserga seconded the motion. Vice Mayor Katz stated per the direction from the last meeting, the penalty for non- compliance has been stripped from the ordinance. Attorney Cherof stated section three was deleted in its entirety and section four was renumbered. Page 473 of 940 Meeting Minutes City Commission Boynton Beach, FL October 1, 2019 21 City Clerk Gibson called the roll. Vote 5-0 D. PROPOSED ORDINANCE NO. 19-036 - SECOND READING - PUBLIC HEARING - Approve the change in qualifying dates for candidates for the March 17, 2020 municipal election. Attorney Cherof read proposed Ordinance No 19-036 by title only on second reading. Noted ordinarily a City charter provision such as setting a date could only be amended through charter amendment, but these two state statutes provide an exemption to re-fix the dates for qualifying. Mayor Grant stated this would be part of the state presidential primary election. There would be early voting and mail in ballots and this would not cost the City any money, because the state would be running it. Crystal Gibson, City Clerk, stated the City would piggyback on the State election. Motion Commissioner Penserga moved to approved. Commissioner McCray seconded the motion. Commissioner McCray asked if all candidates had been notified. Ms. Gibson replied that potential candidates who have contacted the Clerk’s Office or declared their intent to run have been notified. Ms. Gibson pointed out this information would be published in the newspaper and on the City of Boynton Beach website. City Clerk Gibson called the roll. Vote 5-0 E. PROPOSED ORDINANCE 19-037 - FIRST READING - Approval of an Ordinance of the city commission of the city of Boynton amending chapter 18, pensions and retirement, of the code of ordinances to create a new article xi, “deferred retirement option plan” providing for uniform deferred retirement option plan benefits for all city employees; amending conflicting provision of drop benefits contained in the general employee, fire and police pension plans; providing for delayed implementation to accommodate collective bargaining or waiver of bargaining. Attorney Cherof read proposed Ordinance No 19-037 into the record by title only on first reading. Motion Vice Mayor Katz moved to approve. Commissioner McCray seconded the motion. Page 474 of 940 Meeting Minutes City Commission Boynton Beach, FL October 1, 2019 22 Mayor Grant pointed out this ordinance was changing the guaranteed fixed rate to a range, it does not go below 0% and the employees cannot lose their money. Ms. LaVerriere stated it would be 0%-8% depending on the plan experience. Mayor Grant asked if this would require the employee to take their money out when they retire. Ms. LaVerriere replied this would be up to the Commission. Attorney Cherof read the clause on line 15, “the employee must select the distribution within but no later than 45 days following the employee termination”. Ms. LaVerriere noted this would mean the employee must take the money out when the employee terminates employment with the city. Mayor Grant asked if the Commission would like to give the employees the opportunity to keep their money in the fund upon retirement. Vice Mayor Katz asked if the Unions agreed to the language. Ms. LaVerriere replied this would be subject to bargaining. The preliminary discussion yes, formally bargained no. Vice Mayor Katz stated this item has been discussed, the City was acting in good faith and the belief these are the provisions, which are likely to be agreed to. Attorney Cherof read from the ordinance “agreed to and incorporated into the collective barging agreements that are being negotiated or the waiver by the unions, of the need to negotiation those into the contracts” either would satisfy the requirement of the ordinance. The drop provision does not take affect for those bargaining units. Ms. LaVerriere stated this still needed agreement from the unions. City Clerk Gibson called the roll. Vote was 5-0 Mayor Grant discussed branding of the new downtown; also, he has been receiving comments from FPL regarding underground wiring. Requested staff to reach out to see what was going on. Commissioner Romelus asked if there was a ribbing cutting for Sara Sims. Ms. LaVerriere stated the ribbon cutting would be November 9, 2019 in conjunction with Ocean Breeze East. 13. FUTURE AGENDA ITEMS A. Quarterly Census updates by Laura Lansburgh, Marketing Manager: December 17, 2019 March 17, 2019 B. City Commission to discuss special event permit policy for Sara Sims Park October 15, 2019 Page 475 of 940 Meeting Minutes City Commission Boynton Beach, FL October 1, 2019 23 14. ADJOURNMENT Motion There being no further business to discuss, Commissioner Romelus moved to adjourn. Commissioner Penserga seconded the motion that unanimously passed. The meeting adjourned at 8:59 p.m. CITY OF BOYNTON BEACH ___________________________ Mayor - Steven B. Grant ___________________________ Vice Mayor – Justin Katz __________________________ Commissioner - Mack McCray ___________________________ Commissioner – Christina Romelus ___________________________ Commissioner – Ty Penserga ATTEST _______________________________ Crystal Gibson, MMC City Clerk ___________________________________ Queenester Nieves Deputy City Clerk Page 476 of 940 6.A. C ONS E NT B I D S A ND P URC HA S E S OV E R $100,000 10/15/2019 CIT Y OF BOY NTON BEACH AG ENDA I TEM REQUEST F ORM C O MMIS S IO N ME E T IN G D ATE: 10/15/2019 R E Q U E S TE D AC T IO N B Y C O MMIS S IO N: P R O P O S E D R E S O L U T IO N N O. R19-112 - Authorize the City Manager to sign a contract with Killebrew, I nc. of Lakeland, F L for scope of work that includes pre- chlorinated pipe bursting of potable water mains on NE 1st St., in the amount of $702,794 plus a 10% contingency of $70,279.94 if needed for staff approval of change orders for unforeseen conditions for a total expenditure of $773,073.94. E X P LAN ATIO N O F R E Q U E S T: The C ity has identified water main piping on NE 1st St. that will require replac ement. The scope of work on NE 1st S t. c onsists of pipe bursting a total of 2,300 linear ft. of existing 10” asbestos c ement water main, from Boynton Beach Blvd. to NE 9th Avenue, and replac ing it with 12” pre-chlorinated HD P E (high-density polyethylene) water main piping. Pipe Bursting is a trenchless method of replacing outdated or in adequate buried water main pipes. The Scope of W ork outlined in the request for Bid includes (but not limited to) the following: Task 1 – Pipe B ursting at various locations Task 2 – Connection to existing water service pipe Task 3 – Maintenance of Traffic Task 4 – Site and P avement Restoration Killebrew, I nc . will furnish all labor, materials, equipment, incidentals and appurtenances to complete the scope of work as outlined in the proposal. Both submitting firms were evaluated and determined qualified based on their written submissions. The Bid was awarded as follows by the Commission on May 17, 2016: P R IMARY V E N D O R : Murphy Pipeline Contractors, 1876 Everlee Road J acksonville Florida 32216 S E C O N D ARY V E N D O R: Killebrew, I nc. P O Box 6258 Lakeland Florida. Killebrew is a qualified firm as determined by qualific ations and bids submitted on April 20, 2016, resulting from the responses to the Request for Bids for Pre-Chlorinated Pipe Bursting of Potable W ater Mains, Bid No. 036-2821-16/TP. The City Commission approved a one-year renewal of Bid No. 036-2821-16/TP on April 16, 2019. Renewal Period: May 17, 2019 - May 16, 2020. W ith City Commission approval, City Staff will issue a purc hase order (P O) for the scope of work shown in the attachments. H O W W IL L T H IS AFF E C T C IT Y P R O G R AMS O R S E RV IC E S? The C RA have several development projec ts in the area between Seac rest Blvd. and NE 1st Street. The Page 477 of 940 project will upgrade the existing watermains to ensure adequate supply for these projects both for potable use and for fire protection.. An hydraulic model of the area was undertaken to finalize pipe sizing. This approval will allow City staff to issue a purc hase order based on the unit costs provided by the qualified contractor to perform potable pipeline replacement. FIS C AL IMPAC T: Budgeted Budgeted in the 2019-20 F Y C I P ALT E R N ATIV E S: Not approve proposal for scope of work and seek contractors who will replace water main piping by using conventional excavation, which will would disrupt traffic and significantly increase restoration costs. S TR ATE G IC P LAN: S TR ATE G IC P LAN AP P LIC AT IO N: C L IMAT E AC T IO N: No C L IMAT E AC T IO N D IS C U S S IO N: Is this a grant? No Grant Amount: AT TAC H ME N TS: Type Description Resolution Resolution approving Contract with Killebrew Contract Costruction contract Other NE 1st Pipe Bursting Budget Addendum Killebrew Bid Proposal Drawings NE 1st Drawings Bid Bid Extension Attachment Pipe Bursting RF Q Other Agenda I tem Page 478 of 940 C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\2613D607-39C8-43D0-A5AD-3C92E569F789\Boynton Beach.18629.1.Contract_with_Killebrew_(water_main_piping)(NE_1st_St)_-_Reso.docx - 1 - RESOLUTION NO. R19- 1 2 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 3 FLORIDA, APPROVING AND AUTHORIZING THE CITY 4 MANAGER TO SIGN A CONTRACT WITH KILLEBREW, 5 INC., OF LAKELAND, FL FOR SCOPE OF WORK THAT 6 INCLUDES PRE- CHLORINATED PIPE BURSTING OF 7 POTABLE WATER MAINS ON NE 1ST ST., IN THE 8 AMOUNT OF $702,794.00 PLUS A 10% CONTINGENCY OF 9 $70,279.94 IF NEEDED FOR STAFF APPROVAL OF 10 CHANGE ORDERS FOR UNFORESEEN CONDITIONS FOR 11 A TOTAL EXPENDITURE OF $773,073.94; AND 12 PROVIDING AN EFFECTIVE DATE. 13 14 WHEREAS, the City has identified water main piping on NE 1st Street that will 15 require replacement due to pipe bursting for a total of 2,300 linear feet of existing 10” 16 asbestos cement water main piping from Boynton Beach Blvd., to NE 9th Avenue; and 17 WHEREAS, on May 17, 2016 the City Commission awarded Bid No. 036-2821-18 16/TP for Pre-Chlorinated Pipe Bursting of Potable Water Mains to two vendors, one of 19 which is Killebrew, Inc.; and 20 WHEREAS, the City Commission approved a one year renewal of that Bid award 21 on April 16, 2019; and 22 WHEREAS, the City Commission of the City of Boynton Beach upon recommendation 23 of staff, deems it to be in the best interest of the citizens of the City of Boynton Beach to approve 24 and authorize the City Manager to sign a contract with Killebrew, Inc., based on Bid No. 036-25 2821-16/TP for work that includes pre-chlorinated pipe bursting of potable water mains on NE 26 1st Street in the amount of $702,794.00 plus a 10% contingency of $70,279.94 if needed for 27 staff approval of change orders for unforeseen conditions for a total expenditure of $773,073.94. 28 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 29 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 30 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 31 Page 479 of 940 C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\2613D607-39C8-43D0-A5AD-3C92E569F789\Boynton Beach.18629.1.Contract_with_Killebrew_(water_main_piping)(NE_1st_St)_-_Reso.docx - 2 - being true and correct and are hereby made a specific part of this Resolution upon adoption. 32 Section 2. The City Commission of the City of Boynton Beach, Florida, hereby 33 approves the award of bid and authorizes the City Manager to sign a contract with Killebrew, 34 Inc. of Lakeland, FL for scope of work that includes pre- chlorinated pipe bursting of potable 35 water mains on NE 1st Street in the amount of $702,794.00 plus a 10% contingency of 36 $70,279.94 if needed for staff approval of change orders for unforeseen conditions for a total 37 expenditure of $773,073.94 , a copy of which is attached hereto as Exhibit “A”. 38 Section 3. That this Resolution shall become effective immediately. 39 PASSED AND ADOPTED this _____ day of October, 2019. 40 CITY OF BOYNTON BEACH, FLORIDA 41 42 YES NO 43 44 Mayor – Steven B. Grant _____ _____ 45 46 Vice Mayor – Justin Katz _____ _____ 47 48 Commissioner – Mack McCray _____ _____ 49 50 Commissioner – Christina L. Romelus _____ _____ 51 52 Commissioner – Ty Penserga _____ _____ 53 54 VOTE ______ 55 ATTEST: 56 57 58 _____________________________ 59 Crystal Gibson, MMC 60 City Clerk 61 62 63 (Corporate Seal) 64 Page 480 of 940 Boynton Bch Utilities- NE 1ST Street 12in Bursting Pre-Chlorinated Pipe Bursting of Potable Water Mains C-1 Revised 10/2/2019 CONSTRUCTION CONTRACT RE-BID FOR THE PRE-CHLORINATED PIPE BURSTING OF POTABLE WATER MAINS NE 1ST STREET 12IN BURSTING PIPE BURSTING THIS AGREEMENT is entered into between the CITY OF BOYNTON BEACH, a municipal corporation, hereinafter referred to as “CITY”, and Killebrew, Inc., a corporation authorized to do business in the State of Florida, hereinafter referred to as the “CONTRACTOR”. WHEREAS, the CITY has awarded to the CONTRACTOR the work of performing certain construction services. WHEREAS, at its meeting of October 15, 2019, by Resolution No.:_______, the CITY Commission authorized the proper CITY officials to execute this Contract hereinafter referred to as Contract No.: 036- 2821-16/TP, and; NOW, THEREFORE, CITY and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. SCOPE OF WORK. CONTRACTOR shall furnish all plant, labor, materials, and equipment and perform all the necessary WORK in the manner and form provided in the Contract Documents entitled: Re-Bid Pre-Chlorinated Pipe Bursting of Potable W ater Mains”, Invitation to Bid #036-2821-16/TP. Article 2. CONTRACT TIME; LIQUIDATED DAMAGES. 2.1 The WORK will be substantially completed within 120 calendar days from the date when the Contract Time commences to run as provided in paragraph 2.3 of the General Conditions, and completed and ready for final payment in accordance with paragraph 14.9 of the General Conditions within 30 calendar days from the date of Substantial Completion. 2.2 Liquidated Damages. The CITY and CONTRACTOR recognize and acknowledge that time is of the essence of this Contract and that the CITY will suffer financial loss if the WORK is not completed within the times specified in paragraph 3.1 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. Each of the parties acknowledges that it has attempted to quantify the damages which would be suffered by the CITY in the event of the failure of CONTRACTOR to perform in a timely manner, but neither one has been capable of ascertaining such damages with a certainty. CITY and CONTRACTOR also recognize and acknowledge the delays, expense and difficulties involved in proving in a legal preceding the actual loss suffered by the CITY if the WORK is not completed on time. Accordingly, instead of requiring any such proof, the CITY and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay the CITY, EIGHT HUNDRED Dollars ($800.00) for each day that expires after the time specified in paragraphs 3.1 for substantial completion until the WORK is substantially complete. After Substantial Completion, if CONTRACTOR shall neglect, refuse or fail to complete the rem aining WORK within the Contract Time or any proper extension thereof granted by the CITY, CONTRACTOR shall pay CITY TWO HUNDRED Dollars ($200.00) for each day that expires after the time specified in paragraph 3.1 for completion and readiness for final payment. Page 481 of 940 Boynton Bch Utilities- NE 1ST Street 12in Bursting Pre-Chlorinated Pipe Bursting of Potable Water Mains C-2 Revised 10/2/2019 Article 3. CONTRACT PRICE. CITY shall pay CONTRACTOR, for faithful performance of the Contract, in lawful money of the United States of America, and subject to the additions and deductions as provided in the Contract Documents, a total sum as follows: Based on the Contract prices shown in the Bid Form submitted to the CITY as subsequently revised and as stated herein, a copy of such Bid Form being a part of the Contract Documents, the aggregate amount of this Contract (obtained from either the lump sum price, the application of unit prices to the quantities shown in the Bid Form or the combination of both) not to exceed: SEVEN HUNDRED TWO THOUSAND SEVEN HUNDRED NINETY-FOUR DOLLARS AND ZERO CENTS (Written) $702,794.00 (Numerical) Article 4. PAYMENT PROCEDURES. CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. CITY will process Applications for Payment as provided in the General Conditions. 4.1 Progress Payments. CONTRACTOR may submit an Application for Payment as recommended by CONSULTANT, for WORK completed during the Project at intervals of not more than once a month. All progress payments will be on the basis of the progress of WORK measured by the schedule of values established in Paragraph 2.9.1 of the General Conditions and in the case of Unit Price Work based on the number of units completed or, in the event there is no schedule of values, as provided in the General Requirements. 4.2 Prior to Substantial Completion progress payments will be made in an amount equal to 90% of WORK completed, but, in each case, less the aggregate of payments previously made and less such amounts as CONSULTANT shall determine, or CITY may withhold, in accordance with paragraph 14.5 of the General Conditions. 4.3 CONTRACTOR shall submit with each Application for Payment, and updated progress schedule acceptable to the CITY and a Warranty of Title/release of liens relative to the Work that is the subject of the Application. Each Application for Payment shall be submitted to the CITY for approval. The CITY shall make payment to the CONTRACTOR within thirty (30) days after approval by the CITY of CONTRACTOR’S Application for Payment and submission of an acceptable updated progress schedule. 4.4 Ten percent (10) of all monies earned by the CONTRACTOR shall be retained by CITY until fifty (50) percent completion of the construction services purchased (defined as that point at which fifty (50) percent of the construction of the work as defined in the Contract Schedule of Values has been performed under the contract by the CONTRACTOR) has been reached. 4.5 After fifty (50) percent completion of the construction work purchased under the Contract has been reached, five (5) percent of all monies earned by the CONTRACTOR shall be retained by the CITY until Final Completion and acceptance by CITY. 4.6 The CITY may withhold, in whole or in part, payment to such extent as may be necessary to protect itself from loss on account of: a. Defective Work not remedied. b. Claims filed or reasonable evidence indicating probable filing of claims by other Page 482 of 940 Boynton Bch Utilities- NE 1ST Street 12in Bursting Pre-Chlorinated Pipe Bursting of Potable Water Mains C-3 Revised 10/2/2019 parties against CONTRACTOR. c. Failure of CONTRACTOR to make payments properly to SUBCONTRACTORS or for material or labor. d. Damage to another CONTRACTOR not remedied. e. Liquidated damages and costs incurred by the CITY for extended construction administration. When the above grounds are removed or resolved or CONTRACTOR provides a surety bond or consent of Surety, satisfactory to the CITY, which will protect the CITY in the amount withheld, payment may be made in whole or in part. 4.7 Final Payment. Upon final completion and acceptance of the WORK in accordance with paragraph 14.10 of the General Conditions, CITY shall pay the remainder of the Contract Price as recommended by CONSULTANT as provided in paragraph 14.10. Article 5. CONTRACTOR GUARANTEE. CONTRACTOR warrants all work, materials and equipment shall be free from damages and/or defects owing to faulty materials or workmanship for a period of one (1) year after completion of the WORK covered by this Contract. The CONTRACTOR, free of all costs to the CITY, shall replace any part of the equipment, materials, or work included in this Contract, which proves to be defective by reason of faulty materials, damages, and/or workmanship within twelve (12) month period. Article 6. CONTRACT DOCUMENTS. The Documents hereinafter listed shall form the Contract and they are as fully a part of the Contract as if attached hereto: 6.1 Notice to Contractors 6.2 Instructions to Bidders 6.3 Bid Forms (including the Bid, Bid Schedule(s), Information Required of Bidder, Approved Bid Bond, and all required certificates, affidavits and other documentation) 6.4 Warranty of Title / Insurance Advisory Form 6.5 Contractor’s Performance and Payment Bond 6.6 General Conditions for Construction 6.7 Supplemental Conditions for Pipe Bursting 6.8 City Special Conditions ‘I’ 6.9 City Technical Specifications ‘II’ 6.10 City Construction Standards and Details ‘III’ 6.11 Pipe Bursting Standards – Section 4 & Section 5 ‘IV’ 6.12 Certification Pursuant to Florida STATUTE § 287.135 Page 483 of 940 Boynton Bch Utilities- NE 1ST Street 12in Bursting Pre-Chlorinated Pipe Bursting of Potable Water Mains C-4 Revised 10/2/2019 ARTICLE 7. NOTICE: All notices required in this Contract shall be sent by certified mail, return receipt requested and if sent to the CITY shall be mailed to: City of Boynton Beach Attn: Tremaine Johnson, Manager, Field Operations Copy to: Procurement Services Attn: Director of Finance Attn: City of Boynton Beach 124 E. Woolbright Road 3301 Quantum Boulevard, Suite 101 Boynton Beach, FL 33435 Boynton Beach FL 33426 Tel (561) 742 - 6476 Tel (561) 742-6322 Fax (561) 742-6316 And if sent to the CONTRACTOR shall be mailed to: CONTRACTOR: Killebrew, Inc. ADDRESS: 2830 Winter Lake Rd CITY/STATE/ZIP: Lakeland, FL. 33803 PO Box 6258 Lakeland, FL 33807 Attn: William C. Thomas IV Tel: (863) 701-0273 Fax: (863) 701-0621 Article 8. INDEMNITY. In consideration of Twenty-Five Dollars ($25.00) in hand paid and other valuable consideration, receipt of which is hereby acknowledged, CONTRACTOR agrees to defend, indemnify and hold harmless the CITY, its agents and employees, in accordance with paragraph 6.17 of the General Conditions which is incorporated herein and made a part hereof as if fully set forth herein. It is the specific intent of the parties hereto that the foregoing indemnification complies with Florida Statutes 725.06. It is further the specific intent and agreement of said parties that all of the Contract Documents on this Project are hereby amended to include the foregoing indemnification and the Specific Consideration. Article 9. REIMBURSEMENT OF CONSULTANT EXPENSES. Should the completion of this Contract be delayed beyond the specified or adjusted time limit, CONTRACTOR shall reimburse the CITY for all expenses of consulting and inspection incurred by the CITY during the period between said specified or adjusted time and the actual date of final completion. All such expenses for consulting and inspection incurred by the CITY will be charged to CONTRACTOR and be deducted from payments due CONTRACTOR as provided by this Contract. Said expenses shall be further defined as CONSULTANT charges associated with the construction contract administration, including resident project representative costs. Article 10. FLORIDA’S PUBLIC RECORDS LAW. The City is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida’s Public Records Law. Specifically, the Contractor shall: 10.1 Keep and maintain public records required by the CITY to perform the service; 10.2 Upon request from the CITY’s custodian of public records, provide the CITY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statue or as otherwise provided by law; 10.3 Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the contact term and, following completion of the contract, Contractor shall destroy all copies of such confidential and exempt records remaining in its possession once Page 484 of 940 Boynton Bch Utilities- NE 1ST Street 12in Bursting Pre-Chlorinated Pipe Bursting of Potable Water Mains C-5 Revised 10/2/2019 the Contractor transfers the records in its possession to the City; and, 10.4 Upon completion of the contract, Contractor shall transfer to the CITY, at no cost to the CITY, all public records in Contractor’s possession. All records stored electronically by Contractor must be provided to the CITY, upon request from the CITY’s custodian of public records, in a format that is compatible with the information technology systems of the CITY. 10.5 IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: CRYSTAL GIBSON, CITY CLERK 3301 QUANTUM BOULEVARD, SUITE 101 BOYNTON BEACH, FLORIDA, 33426 561-742-6061 GIBSONC@BBFL.US Art icle 11. SCRUTINIZED COMPANIES 287.135 and 215.473. By submission of this Bid, Proposer certifies that Proposer is not participating in a boycott of Israel. Proposer further certifies that Proposer is not on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has Contractor been engaged in business operations in Syria. Subject to limited exceptions provided in state law, the City will not contract for the provision of goods or services with any scrutinized company referred to above. Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in wr iting, 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 contra ct 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. Article 12. MISCELLANEOUS. 12.1 No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 12.2 CITY and CONTRACTOR each binds itself, their partners, successors, assigns and legal representatives to the other party hereto, their partners, successors, assigns and legal representatives in respect of all covenants, agreements and obligations contained in the Contract Documents. Page 485 of 940 Boynton Bch Utilities- NE 1ST Street 12in Bursting Pre-Chlorinated Pipe Bursting of Potable Water Mains C-6 Revised 10/2/2019 “This Agreement will take effect once signed by both parties. This Agreement may be signed by the parties in counterparts which together shall constitute one and the same agreement among the parties. A facsimile signature shall constitute an original signature for all purposes.” IN WITNESS WHEREOF, the parties have hereunto set their hands and seals on the day and year set forth below their respective signatures. IN WITNESS WHEREOF, the parties hereto have executed this Contract in multiple copies, each of which shall be considered an original on the following dates: DATED this _____ day of ________________________________________, 2019. CITY OF BOYNTON BEACH _________________________________ __________________________________ City Manager Contractor Attest/Authenticated: __________________________________ Title _________________________________ (Corporate Seal) City Clerk Approved as to Form: Attest/Authenticated: __________________________ __________________________________ Office of the City Attorney Secretary Page 486 of 940 Boynton Bch Utilities - NE 1ST Street 12in Bursting Pre-Chlorinated Pipe Bursting of Potable Water Mains ATTACHMENT “A” Page 487 of 940 Boynton Bch Utilities – NE 1ST Street 12in Bursting Pre-Chlorinated Pipe Bursting of Potable Water Mains PFB- 1 THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED AT AWARD PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: that __________________________________ (Insert name of Contractor) ________________________________________________________ as Principal, (Address or legal title of Contractor) hereinafter called Contractor, and __________________________________________________ (Name and address of Surety) ____________________________________________________________________________ as Surety, hereinafter called Surety, are held and firmly bound unto CITY OF BOYNTON BEACH, P.O. BOX 310, BOYNTON BEACH, FLORIDA 33425-0310 as Obligee, hereinafter called Owner, in the amount of ____________________________________________________ Dollars ($_____________________), for payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement dated ______________________________, 20____, entered into a contract with Owner for ______________________________________________ in accordance with drawings and specifications prepared by _____________________________ which contract is by reference made a part of hereof, and is hereinafter referred to as the Contract. Page 488 of 940 Boynton Bch Utilities – NE 1ST Street 12in Bursting Pre-Chlorinated Pipe Bursting of Potable Water Mains PFB- 2 THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED AT AWARD NOW THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform such Contract, then this obligation shall be null and void; otherwise, it shall remain in full force and effect. The Surety hereby waives notice of any alteration or extension of time made by the Owner. Whenever Contractor shall be, and declared by Owner to be in default under the Contract, the Owner having performed Owner’s obligations thereunder, the Surety may promptly remedy the default, or shall promptly: 1. Complete the Contract in accordance with its terms and conditions, or 2. Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon determination by Surety of the most responsible bidder, or, if the Owner elects, upon determination by the Owner and the Surety jointly of the most responsible bidder, arrange for a contract between such bidder and Owner, and make available as work progresses (even though there should be a default or a succession of defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term “balance of the contract price”, as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the contract and any amendments thereto, less the amount properly paid by Owner to Contractor. Any suit under this bond must be instituted before the expiration of one (1) year from the date on which final payment under the Contract falls due. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein or the heirs, executors, administrators or successors of the Owner. This bond is issued in compliance with Section 255.05, Florida Statutes as may be amended. A claimant, except a laborer, who is not in privity with the Contractor and who has not received payment for its labor, materials, or supplies shall, within 45 days after beginning to furnish labor, materials, or supplies for the prosecution of the work, furnish the Contractor with a notice that he intends to look to the bond for protection. A claimant who is not in privity with the Contractor and who has not received payment for its labor, materials, or supplies shall, within 90 days after performance of the labor or after complete delivery of the materials or supplies, deliver to the Contractor and to the Surety written notice of the performance of the labor or delivery of the materials or supplies and the nonpayment. No action for the labor, materials, or supplies may be instituted against the Contractor or the Surety unless both notices have been given. No action shall be instituted against the Contractor or the Surety on the bond after one (1) year from the performance of the labor or completion of delivery of the materials or supplies. Page 489 of 940 Boynton Bch Utilities – NE 1ST Street 12in Bursting Pre-Chlorinated Pipe Bursting of Potable Water Mains PFB- 3 THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED AT AWARD Signed and sealed this __________ day of ____________________, 2019. _______________________________________ Principal (Seal) ________________________________ Witness _______________________________________ Title _______________________________________ Surety ________________________________ Witness _______________________________________ Attorney-in-Fact END OF PERFORMANCE BOND Page 490 of 940 Boynton Bch Utilities – NE 1ST Street 12in Bursting Pre-Chlorinated Pipe Bursting of Potable Water Mains PYB- 1 THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED AT AWARD PAYMENT BOND THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND IN FAVOR OF THE OWNER CONDITIONED ON THE FULL AND FAITHFUL PERFORMANCE OF THE CONTRACT KNOW ALL MEN BY THESE PRESENTS: that ___________________________________ (Insert name of Contractor) ________________________________________________________ as Principal, (Address or legal title of contractor) hereinafter called Principal, and ___________________________________________________ (Name and address of Surety) ____________________________________________________________________________ as Surety, hereinafter called Surety, are held and firmly bound unto CITY OF BOYNTON BEACH, P.O. BOX 310, BOYNTON BEACH, FLORIDA 33425-0310 as Obligee, hereinafter called Owner, for the use and benefit of claimants as here below defined, in the amount of _______________________________________________________________________ Dollars ($_____________), for payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has by written agreement dated ______________________________, 2019, entered into a contract with Owner for ______________________________________________ __________________________________________________________________ in accordance with drawings and specifications prepared by _____________________________ which contract is by reference made a part of hereof, and is hereinafter referred to as the Contract. NOW THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Principal shall promptly make payment to all claimants as hereinafter defined, for all labor and material used or reasonably required for use in the performance of the Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect, subject, however, to the following conditions: 1. A claimant is defined as one having a direct contract with the Principal or with a subcontractor of the Principal for labor, material or both, used or reasonably required for use in the performance of the Contract, labor and material being construed to include that part of water, Page 491 of 940 Boynton Bch Utilities – NE 1ST Street 12in Bursting Pre-Chlorinated Pipe Bursting of Potable Water Mains PYB- 2 THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED AT AWARD gas, power, light, heat, oil, gasoline, telephone service or rental of equipment directly applicable to the Contract. 2. The above named Principal and Surety hereby jointly and severally agree with the Owner that every claimant as herein defined, who has not been paid in full before the expiration of a period of ninety (90) days after the date on which the last of such claimant’s work or labor was done or performed, or materials were furnished by such claimant, may sue on this bond for the use of such claimant, prosecute the suit to final judgment for such sum or sums as may be justly due claimant, and have execution thereon. The Owner shall not be liable for the payment of any costs or expenses of any such suit. 3. No suit or action shall be commenced hereunder by any claimant: a. Unless claimant, other than one having a direct contract with the Principal, shall have given written notice to any two of the following: the Principal, the Owner, or the Surety above named, within ninety (90) days after such claimant did or performed the last of the work or labor, or furnished the last of the materials for which such claimant is made, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were furnished, or for when the work or labor was done or performed. Such notice shall be served by mailing the same by registered mail or certified mail, postage prepaid, in an envelope addressed to the Principal, Owner or Surety, at any place where an office is regularly maintained for the transaction of business, or served in any manner in which legal process may be served in the State in which the aforesaid project is located, save that such service need not be made by a public officer. b. After the expiration of one (1) year following the date on which Principal ceased work on such Contract, it being understood, however, that if any limitation embodied in this bond is prohibited by any law controlling the construction hereof such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law. c. Other than in a State Court of competent jurisdiction in and for the County or other political subdivision of the State in which the Project, or any part thereof, is situated, or in the United States District Court for the district in which the Project, or any part thereof, is situated, and not elsewhere. 4. The amount of this bond shall be reduced by and to the extent of a payment or payments made in good faith hereunder, inclusive of the payment by Surety of mechanics liens which may be filed of record against such improvements, whether or not claim for the amount of such lien be presented under and against this bond. 5. This bond is issued in compliance with Section 255.05, Florida Statutes, as may be amended. A claimant, except a laborer, who is not in privity with the Contractor and who has not received payment for its labor, materials, or supplies shall, within 45 days after beginning to furnish labor, materials, or supplies for the prosecution of the work, furnish the Contractor with a notice that he intends to look to the bond for protection. A claimant who is not in privity with the Contractor and who has not received payment for its labor, materials, or supplies shall, within 90 days after performance of the labor or after complete delivery of the materials or supplies, deliver to the Contractor and to the Surety written notice of the performance of the labor or delivery of the materials or supplies and the nonpayment. No action for the labor, materials, or supplies may be instituted against the Contractor or the Surety unless both notices have been given. No action shall be instituted against the Contractor or the Surety on Page 492 of 940 Boynton Bch Utilities – NE 1ST Street 12in Bursting Pre-Chlorinated Pipe Bursting of Potable Water Mains PYB- 3 THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED AT AWARD the bond after one (1) year from the performance of the labor or completion of delivery of the materials or supplies. Signed and sealed this __________ day of ____________________, 2019. _______________________________________ Principal (Seal) __________________________________ Witness _______________________________________ Surety __________________________________ Witness _______________________________________ Attorney-in-Fact END OF PAYMENT BOND Page 493 of 940 Boynton Bch Utilities – NE 1ST Street 12in Bursting Pre-Chlorinated Pipe Bursting of Potable Water Mains Scrutinized Companies- 1 THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED AT AWARD CERTIFICATION PURSUANT TO FLORIDA STATUTE § 287.135 I, _______________________, on behalf of ________________________ certify Print Name and Title Company Name that ______________________________does not: Company Name 1. Participate in a boycott of Israel; and 2. Is not on the Scrutinized Companies that Boycott Israel List; and 3. Is not on the Scrutinized Companies with Activities in Sudan List; and 4. Is not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List; and 5. Has not engaged in business operations in Syria. Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to the Contractor of the City's determination concerning the false certification. The Contractor shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If the Contractor does not demonstrate that the City's determination of false certification was made in error then the City shall have the right to terminate the contract and seek civil remedies pursuant to Florida Statute § 287.135. Section 287.135, Florida Statutes, prohibits the City from: 1) Contracting with companies for goods or services in any amount if at the time of bidding on, submitting a proposal for, or entering into or renewing a contract if the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, F.S. or is engaged in a boycott of Israel; and 2) Contracting with companies for goods or services in any amount 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 Page 494 of 940 Boynton Bch Utilities – NE 1ST Street 12in Bursting Pre-Chlorinated Pipe Bursting of Potable Water Mains Scrutinized Companies- 2 THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED AT AWARD Statutes, the submission of a false certification may subject the company to civil penalties, attorney's fees, and/or costs. I further understand that any contract with the City for goods or services may be terminated at the option of the City if the company is found to have submitted a false certification or has been placed on the Scrutinized Companies with Activities in Sudan list or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List. _____________________________ _________________________ COMPANY NAME SIGNATURE __________________________ _________________________ PRINT NAME TITLE Page 495 of 940 Boynton Bch Utilities – NE 1ST Street 12in Bursting Pre-Chlorinated Pipe Bursting of Potable Water Mains WT - 1 THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED WITH FINAL APPLICATION FOR PAYMENT CITY OF BOYNTON BEACH WARRANTY OF TITLE STATE OF FLORIDA COUNTY OF__________________________________, being first duly sworn, deposes and says as follows: He is ____________________ of _____________________________________________, (Title) (Name of Corporation or Firm) a Florida Corporation (______) Check One a Florida General Partnership (______) a Florida Limited Partnership (______) a Sole Proprietor (______) which is named in Construction Contract dated the _______ day of _______________________, 20____, between such corporation as the CONTRACTOR and the City of Boynton Beach, Florida as the OWNER, for the construction of _________________________________________________ and Affiant is authorized to make this Affidavit as, or on behalf of, the Contractor as named above. Title to all work, materials and equipment covered by the attached Final Application for Payment dated ______________________, passes to the Owner at the time of payment free and clear of all liens, and all laborers, material men and subcontractors have been paid for performing or furnishing the work, labor or materials upon such Contract work covered by the aforesaid Final Application for Payment. This statement under oath is given in compliance with Section 713.06 Florida Statutes. ____________________________________ Affiant Sworn to and subscribed before me this ________ day of _____________________, 2019. ________________________________________ Notary Public, State of Florida at Large My Commission expires: (SEAL) END OF WARRANTY OF TITLE Page 496 of 940 INSURANCE ADVISORY FORM City of Boynton Beach Risk Management Department INSURANCE ADVISORY FORM Under the terms and conditions of all contracts, leases, and agreements, the City requires appropriate coverages listing the City of Boynton Beach as Additional Insured. This is done by providing a Certificate of Insurance listing the City as "Certificate Holder" and "The City of Boynton Beach is Additional Insured as respect to coverages noted." Insurance companies providing insurance coverages must have a current rating by A.M. Best Co. of “B+” or higher. (NOTE: An insurance contract or binder may be accepted as proof of insurance if Certificate is provided upon selection of vendor.) The following is a list of types of insurance required of contractors, lessees, etc., and the limits required by the City: (NOTE: This list is not all inclusive, and the City reserves the right to require additional types of insurance, or to raise or lower the stated limits, based upon identified risk.) ------------------------------------------------------------------------------------------------------------------------------------------- TYPE (Occurrence Based Only) MINIMUM LIMITS REQUIRED ------------------------------------------------------------------------------------------------------------------------------------------- General Liability General Aggregate $ 1,000,000.00 Commercial General Liability Products-Comp/Op Agg. $ 1,000,000.00 Owners & Contractor's Protective (OCP) Personal & Adv. Injury $ 1,000,000.00 Liquor Liability Each Occurrence $ 1,000,000.00 Professional Liability Fire Damage (any one fire) $ 50,000.00 Employees & Officers Med. Expense (any one person) $ 5,000.00 Pollution Liability Asbestos Abatement Lead Abatement Broad Form Vendors Premises Operations Underground Explosion & Collapse Products Completed Operations Contractual Independent Contractors Broad Form Property Damage Fire Legal Liability ------------------------------------------------------------------------------------------------------------------------------------------- Automobile Liability Combined Single Limit $ 300,000.00 Any Auto Bodily Injury (per person) to be determined All Owned Autos Bodily Injury (per accident) to be determined Scheduled Autos Property Damage to be determined Hired Autos Trailer Interchange $ 50,000.00 Non-Owned Autos PIP Basic Intermodal ------------------------------------------------------------------------------------------------------------------------------------------- Garage Liability Auto Only, Each Accident $ 1,000,000.00 Any Auto Other Than Auto Only $ 100,000.00 Garage Keepers Liability Each Accident $ 1,000,000.00 Aggregate $ 1,000,000.00 ------------------------------------------------------------------------------------------------------------------------------------------- Excess Liability Each Occurrence to be determined Umbrella Form Aggregate to be determined ------------------------------------------------------------------------------------------------------------------------------------------- Worker's Compensation Statutory Limits Employer's Liability Each Accident $ 100,000.00 Disease, Policy Limit $ 500,000.00 Disease Each Employee $ 100,000.00 ------------------------------------------------------------------------------------------------------------------------------------------- Property Homeowners Revocable Permit $ 300,000.00 Builder's Risk Limits based on Project Cost ------------------------------------------------------------------------------------------------------------------------------------------- Other - As Risk Identified to be determined ------------------------------------------------------------------------------------------------------------------------------------------- Page 497 of 940 May 7, 2018 DESCRIPTION QTY UNIT $TOTAL General Conditions G-1 Mobilization / Demobilization 1 LS $20,000.00 $20,000.00 G-1 MOT City R/W 1 LS $5,000.00 $5,000.00 G-1 Pre and Post Construction Video 1 LS $5,000.00 $5,000.00 Drawings Record Drawings 1 LS $15,000.00 $15,000.00 Survey Construction Survey 1 LS $5,000.00 $5,000.00 R-1 Surface Restoration R-1B 6" Concrete 6500 SF $8.50 $55,250.00 R-1C 3" Asphalt 11500 SF $9.00 $103,500.00 Pipe Bursting 2.1 6" HDPE 0 LF $75.00 $0.00 2.2 8" HDPE 0 LF $88.00 $0.00 2.3 10" HDPE 0 LF $101.00 $0.00 2.4 12" HDPE 2300 LF $132.00 $303,600.00 Valves and Fittings 3.1 4" Gate valve 2 EA $1,450.00 $2,900.00 3.2 6" Gate valve 5 EA $1,650.00 $8,250.00 3.3 8" Gate valve 2 EA $2,417.00 $4,834.00 3.4 10" Gate valve 0 EA $3,220.00 $0.00 3.5 12" Gate valve 9 EA $3,550.00 $31,950.00 3.6 FH on 6"0 EA $4,600.00 $0.00 3.7 FH on 8"5 EA $4,767.00 $23,835.00 3.8 6" Tee 0 EA $550.00 $0.00 3.9 8x6 Tee 0 EA $670.00 $0.00 3.10 8" Tee 0 EA $775.00 $0.00 3.11 10x6 Tee 0 EA $900.00 $0.00 3.12 10x8 Tee 0 EA $965.00 $0.00 3.13 10x10 Tee 0 EA $1,100.00 $0.00 3.14 12x6 Tee 8 EA $1,100.00 $8,800.00 3.15 12x8 Tee 1 EA $1,275.00 $1,275.00 3.16 12x10 Tee 0 EA $1,350.00 $0.00 3.17 12" Tee 9 EA $1,500.00 $13,500.00 Customer Connections 4.1.1 1" short side water service 10 EA $1,350.00 $13,500.00 4.1.2 6" Water main 0 EA $200.00 $0.00 4.1.3 8" Water main 0 EA $250.00 $0.00 4.1.4 10" Water main 0 EA $300.00 $0.00 4.1.5 12" Water main 10 EA $350.00 $3,500.00 4.2.1 2" short side water service 10 EA $1,800.00 $18,000.00 4.2.2 6" Water main 0 EA $250.00 $0.00 4.2.3 8" Water main 0 EA $300.00 $0.00 4.2.4 10" Water main 0 EA $350.00 $0.00 4.2.5 12" Water main 10 EA $400.00 $4,000.00 4.3.1 1" long side water service 10 EA $2,100.00 $21,000.00 4.3.2 6" Water main 0 EA $200.00 $0.00 4.3.3 8" Water main 0 EA $250.00 $0.00 4.3.4 10" Water main 0 EA $300.00 $0.00 4.3.5 12" Water main 10 EA $350.00 $3,500.00 4.4.1 2" long side water service 10 EA $2,760.00 $27,600.00 4.4.2 6" Water main 0 EA $250.00 $0.00 4.4.3 8" Water main 0 EA $300.00 $0.00 4.4.4 10" Water main 0 EA $350.00 $0.00 4.4.5 12" Water main 10 EA $400.00 $4,000.00 LineStops 5.1 6" Water main 0 EA $7,200.00 $0.00 5.2 8" Water main 0 EA $8,800.00 $0.00 5.3 10" Water main 0 EA $11,200.00 $0.00 5.4 12" Water main 0 EA $13,260.00 $0.00 $702,794.00 Killebrew, Inc. P.O. Box 6258 Lakeland, FL 33807 tel: (863) 701-0273 fax: (863) 701-0621 BUDGET To: City of Boynton Beach Attn: Brandon Mingo Ref: NE 1st Street 12in Bursting Page 498 of 940 Page 499 of 940 Page 500 of 940 Page 501 of 940 Page 502 of 940 Page 503 of 940 Page 504 of 940 Page 505 of 940 Page 506 of 940 Page 507 of 940 Page 508 of 940 Page 509 of 940 Page 510 of 940 Page 511 of 940 Page 512 of 940 Page 513 of 940 Page 514 of 940 Page 515 of 940 Page 516 of 940 Page 517 of 940 Page 518 of 940 Page 519 of 940 Page 520 of 940 Page 521 of 940 Page 522 of 940 Page 523 of 940 Page 524 of 940 Page 525 of 940 Page 526 of 940 Page 527 of 940 Page 528 of 940 Page 529 of 940 Page 530 of 940 Page 531 of 940 Page 532 of 940 Page 533 of 940 Page 534 of 940 Page 535 of 940 Page 536 of 940 Page 537 of 940 Page 538 of 940 Page 539 of 940 Page 540 of 940 Page 541 of 940 Page 542 of 940 Page 543 of 940 Page 544 of 940 Page 545 of 940 Page 546 of 940 Page 547 of 940 Page 548 of 940 Page 549 of 940 Page 550 of 940 Page 551 of 940 Page 552 of 940 Page 553 of 940 Page 554 of 940 Page 555 of 940 Page 556 of 940 Page 557 of 940 DRAWING INDEX 1. COVER 2. SITE IMPROVEMENTS 3-4. CONSTRUCTION DETAILS 5. MAINTENANCE OF TRAFFIC PLANS VICINITY MAP SCALE : 1"=300 N PALM BEACH COUNTY, FLORIDA LOCATION MAP PCU PROJECT: # _____.____.___.___ PROJECT LOCATION: LANTANA, FLORIDA 33462PROJECT MANAGER: TREMAINE JOHNSON WATER DISTRIBUTION SUPERVISOR BOYNTON BEACH UTILITIES 124 E. WOOLBRIGHT RD. BOYNTON BEACH, FL 33435 PHONE # (561) 742- 6476 FAX # (***) ***- **** CONSTRUCTION DRAWING RECORD DRAWING ENGINEER WILLIAM C. THOMAS, IV, PE print name LICENSE # 50664 ENGINEER ______________________________ signature DATE _______________ CALL 48 HOURS BEFORE YOU DIG IT'S THE LAW! DIAL 811 SUNSHINE STATE ONE CALL OF FLORIDA, INC. Know what's below. Call before you dig. BOARD OF COUNTY COMMISSIONERS DISTRICT ONE : HAL R. VALECHE DISTRICT TWO : GREGG K. WEISS *DISTRICT THREE : DAVE KERNER DISTRICT FOUR : ROBERT S. WEINROTH DISTRICT FIVE : MARY LOU BERGER DISTRICT SIX : MELISSA MCKINLAY DISTRICT SEVEN : MACK BERNARD *DENOTES DISTRICT IN WHICH THIS PROJECT IS LOCATED. COUNTY MANAGER : VERDENIA C. BAKER UTILITIES DIRECTOR : JIM STILES ENGINEER OF RECORD: WILLIAM C. THOMAS, IV, PE KILLEBREW, INC. 2830 WINTER LAKE ROAD LAKELAND, FL 33803 PHONE # (863) 701- 0273 FAX # (863) 701- 0621 CERTIFICATION OF AUTHORIZATION NO.8720 Loquat Tree Dr UTILITIES PROVIDERS LIST PROJECT LOCATION KILLEBREW, INC. Construction & Engineering N RANGE 43 EAST, TOWNSHIP 45 SOUTH, SECTION 9 LOQUAT TREE DR & OLD SPANISH TRAIL ● LANTANA, FLORIDA 33462 PARCEL I.D. # _____-______-_____ PCU PROJECT # _____.____.__.__ ORACLE PROJECT # ___________ BOYNTON BEACH PIPE BURSTING LOQUAT TREE DR AND OLD SPANISH TRAIL Boynton Beach Pipe Bursting Loquat Tree Dr and Old Spanish Trail THE CITY OF BOYNTON BEACH PALM BEACH COUNTY, FLORIDA OKEELANTA BELLE GLADE PAHOKEE CANAL POINT PALM BEACH GARDENS JUPITER TEQUESTA RIVIERA BEACH WEST PALM BEACH DELRAY BEACH BOYNTON BEACH BOCA RATON DEERFIELD BEACH WELLINGTON ROYAL PALM BEACH LAKE WORTH 441 98 27 1 98 98 PROJECT LOCATION LAKE HARBOR SOUTH BAY TWENTYMILE BEND Old Spanish TrailN Seacrest BlvdTulip Tree Dr Plum Tree Dr San Castle BlvdOrange StOld Spanish Trail Plum Tree Dr Tulip Tree Dr Page 558 of 940 Loquat Tree Dr Old Spanish Trail Install 6" GV (typical)Old Spanish TrailLoquat Tree Dr Old Spanish Trail Old Spanish Trail Plum Tree Dr Tulip Tree Dr Orange StN Seacrest BlvdPlum Tree DrTulip Tree DrPipe Burst Existing WM with ±575' of 6" HDPE (Replace all service lines to the existing meters) Pipe Burst Existing WM with ±1,900' of 6" HDPE (Replace all service lines to the existing meters) Existing FH to Remain Per City Existing FH Remove & Replace Install FH Install FH San Castle BlvdSan Castle BlvdEngineer Date Scale Sheet WCT 1"=50'Boynton Beach Pipe BurstingLoquat Tree Dr and Old Spanish Trail6/13/19Killebrew, Inc.P.O. Box 6258Lakeland, FL 338072820 Winter Lake RoadLakeland, FL 33803(863) 701-0273fax: (863) 701-0621www.killebrewinc.net C.A. No. 8720THIS BAR = 1 INCH (IF NOT, SCALE APPROPRIATELY) 2 William C. Thomas, IV, PE, FL License No. 50664KILLEBREW, INC.Construction & EngineeringPage 559 of 940 Engineer Date Scale Sheet WCT N/A Boynton Beach Pipe BurstingLoquat Tree Dr and Old Spanish Trail6/13/19Killebrew, Inc.P.O. Box 6258Lakeland, FL 338072820 Winter Lake RoadLakeland, FL 33803(863) 701-0273fax: (863) 701-0621www.killebrewinc.net C.A. No. 8720THIS BAR = 1 INCH (IF NOT, SCALE APPROPRIATELY) 3 William C. Thomas, IV, PE, FL License No. 50664KILLEBREW, INC.Construction & EngineeringPage 560 of 940 Engineer Date Scale Sheet WCT N/A Boynton Beach Pipe BurstingLoquat Tree Dr and Old Spanish Trail6/13/19Killebrew, Inc.P.O. Box 6258Lakeland, FL 338072820 Winter Lake RoadLakeland, FL 33803(863) 701-0273fax: (863) 701-0621www.killebrewinc.net C.A. No. 8720THIS BAR = 1 INCH (IF NOT, SCALE APPROPRIATELY) 4 William C. Thomas, IV, PE, FL License No. 50664KILLEBREW, INC.Construction & EngineeringPage 561 of 940 Engineer Date Scale Sheet WCT N/A Boynton Beach Pipe BurstingLoquat Tree Dr and Old Spanish Trail6/13/19Killebrew, Inc.P.O. Box 6258Lakeland, FL 338072820 Winter Lake RoadLakeland, FL 33803(863) 701-0273fax: (863) 701-0621www.killebrewinc.net C.A. No. 8720THIS BAR = 1 INCH (IF NOT, SCALE APPROPRIATELY) 5 William C. Thomas, IV, PE, FL License No. 50664KILLEBREW, INC.Construction & EngineeringPage 562 of 940 6.B. CONSENT A GENDA 5/7/2019 CITY OF BOY NTON BEACH AGENDA ITEM REQUEST FORM C OMMIS S ION ME E TIN G DATE: 5/7/2019 R E QU ESTED AC TIO N B Y C OMMIS S IO N: Approve the one-year extension for RFPs/Bids and/ or piggy-backs for the procurement of services and/or commodities as described in the written report for April 16, 2019- "Request for Extensions and/or Piggybacks." E X P LAN ATIO N OF REQ U E S T: As required, the Finance/Procurement Department submits requests for award to the Commission; requests for approval to enter into contracts and agreements as the result of formal solicitations; and to piggy-back governmental contracts. Options to extend or renew are noted in the “Agenda Request I tem” presented to Commission as part of the initial approval process. Procurement seeks to provide an accurate and efficient method to keep the Commission informed of pending renewals and the anticipated expenditure by reducing the paperwork of processing each renewal and/or extension individually and summarizing the information in a monthly report (as required). PRE-C HLORI NATE D PI PE BURSTI NG OF POTA B LE W ATE R MAI NS 036-2821-16/TP MAY 17, 2019 THRU MAY 16, 2020 HYDRAULI C C YLI ND ERS AND VA LVE PA RTS AND REPAI R 039-2516-17/I T MAY 19, 2019 THRU MAY 18, 2020 H OW W IL L TH IS AFF E CT CIT Y PR O GR AMS OR SERVICES? This renewal report will be used for those solicitations, contracts/agreements and piggy-backs that are renewed/extended with the same terms and conditions and pricing as the initial award. FISC AL IMPACT: Budgeted Funds have been budgeted under line items as noted on the attached report. ALTERN ATIVES: Not approve renewals and require new solicitations to be issued. S TR ATEG IC P LAN: S TR ATEG IC P LAN APPLIC ATION: C L IMATE ACTIO N: C L IMATE ACTIO N D IS C USSIO N: Is this a grant? Grant Amount: ATTAC HMEN TS: Type Description Addendum Bid Extension Summary Addendum Killebrew Signed Renewal Addendum Murphy Signed Renewal Addendum Construction Hydraulics Signed Renewal Page 563 of 940 TAB SHEET BID NO 021-2821-16KTR11 1 REQUEST FOR QUOTE PRE-CHLORINATED PIPE BURSTING OF POTABLE WATER MAINS "Offers from the vendors listed herein are the only offers QUOTE OPENING DATE: 2/9/2016 received timely as of the above receiving date and time. QUOTE OPENING TIME: 2:30 P.M.All other offers submitted in response to this solicitation, BID No.: 021-2821-16/KTR if any, are hereby rejected as late" VENDORS Killebrew, Inc.Murphy Pipeline Contractors Inc PO Box 6258 1876 Everlee Road Lakeland, FL 33807 Jacksonville, FL 32216 Phone: 863-701-0273 Fax: 863-701-9204 Phone: 904-764-6887 Contact: William C. Thomas IV Contact: Bill Barron Email: bill@killebrewinc.net Email: billb@murphypipelines.com BID FORM YES YES BID PROPOSAL YES YES SCHEDULE OF BID ITEMS - REVISION#2 YES SCHEDULE OF BID ITEMS - REVISION #1 YES LUMP SUM TOTAL: SCENARIO #1 $37,000.00 $48,299.60 SCENARIO #2 $151,809.00 $149,118.00 SCENARIO #3 $207,427.00 $186,139.00 CERTIFICATE (FOR CORPORATION)YES YES BID BOND YES YES BID DOCUMENTS SUBMITTALS Original (1)YES YES Copy (2)YES YES USB (1)YES YES ADDENDUM #1 ACKNOWLEDGEMENT YES YES ADDENDUM #2 ACKNOWLEDGEMENT YES YES ADDENDUM #3 ACKNOWLEDGEMENT YES YES BIDDER'S ACKNOWLEDGEMENT YES YES BIDDER'S QUALITIFICATIONS STATEMENT (References)YES YES Page 564 of 940 TAB SHEET BID NO 021-2821-16KTR11 2 REQUEST FOR QUOTE PRE-CHLORINATED PIPE BURSTING OF POTABLE WATER MAINS "Offers from the vendors listed herein are the only offers QUOTE OPENING DATE: 2/9/2016 received timely as of the above receiving date and time. QUOTE OPENING TIME: 2:30 P.M.All other offers submitted in response to this solicitation, BID No.: 021-2821-16/KTR if any, are hereby rejected as late" VENDORS Killebrew, Inc.Murphy Pipeline Contractors Inc PO Box 6258 1876 Everlee Road Lakeland, FL 33807 Jacksonville, FL 32216 Phone: 863-701-0273 Fax: 863-701-9204 Phone: 904-764-6887 Contact: William C. Thomas IV Contact: Bill Barron CONFIRMATION OF DRUG-FREE WORKPLACE YES YES NONCOLLUSION AFFIDAVIT OF PRIME BIDDER YES YES ANTI-KICKBACK AFFIDAVIT YES YES TRENCH SAFETY ACT AFFIDAVIT YES YES SAFETY PROGRAM COMPLIANCE YES YES WARRANTIES YES YES CONFIRMATION OF MINORITY OWNED BUSINESS YES YES SCHEDULE OF SUBCONTRACTING/MINORITY BUSINESS ENTERPRISE (MBE/WBE) PARTICIPATION YES - 2 SUBCONTRACTORS YES - NONE PALM BEACH COUNTY INSPECTOR GENERAL ACKNOWLEDGEMENT YES YES BUSINESS TAX YES BUSINESS LICENSE YES YES COMMENTS President:William C. Thomas IV President: Andrew Mayer Page 565 of 940 Page 566 of 940 Page 567 of 940 Page 568 of 940 Page 569 of 940 Page 570 of 940 Page 571 of 940 Page 572 of 940 Page 573 of 940 Page 574 of 940 Page 575 of 940 Page 576 of 940 Page 577 of 940 6.B. C ONS E NT B I D S A ND P URC HA S E S OV E R $100,000 10/15/2019 CIT Y OF BOY NTON BEACH AG ENDA I TEM REQUEST F ORM C O MMIS S IO N ME E T IN G D ATE: 10/15/2019 R E Q U E S TE D AC T IO N B Y C O MMIS S IO N: P R O P O S E D R E S O L U T IO N N O. R19-113 - Award Bid No. 033-2511-19/E M for "Ezell Hester Community Center Re-roof" , and authorize the City Manager to sign a contract with T & G Constructors, Doral, F L as the most responsive, responsible bidder in the amount of $392,810 plus a 10% contingency in the amount of $39,281.00 for a total estimated amount of $432,091. E X P LAN ATIO N O F R E Q U E S T: On J uly 19 2019, Procurement Services opened three (3) bids in response to the I nvitation to Bid for the “Ezell Hester Community Center Re-roof”, Bid No. 033-2511-19/E M. This solicitation was for the removal of the existing roof down to the light weight concrete deck, and replace with GA F – Ruberoid Energy Cap S B S Heat-weld, plus FR roof membrane. The bid proposal from T & G Constructors, Doral, F L was reviewed and evaluated by City Staff, and references were checked. City Staff recommends award of this project to T & G Constructors, FL as the lowest, most responsive, responsible bidder. Vendors that submitted bids: 1. T & G Constructors, Doral, F L $ 392,810.00 2. Advanced Roofing, I nc. Ft. Lauderdale, FL $ 595,213.00 3. Therma Seal Roof Systems, L L C. W P B, FL $ 643,766.00 4. Roof Concepts Unlimited Florida, L L C. Coral Springs,FL $ 795,000.00 H O W W IL L T H IS AFF E C T C IT Y P R O G R AMS O R S E RV IC E S? The present roof is past its life expectancy and beginning to leak and causing issues with the building’s interior and equipment. Replacement of the existing roof will assure a secure and dry interior for Ezell Hester Community Center. FIS C AL IMPAC T: Budgeted Funds for this expenditure are budgeted in C I P Account No. 303-4101-580.62-01, Project No. RP19__. ALT E R N ATIV E S: Reject all bids and re-bid this project or do not proceed with the re-roof. S TR ATE G IC P LAN: S TR ATE G IC P LAN AP P LIC AT IO N: Page 578 of 940 C L IMAT E AC T IO N: No C L IMAT E AC T IO N D IS C U S S IO N: Is this a grant? No Grant Amount: C O N TR AC T S V E N D O R N AME: T&G Constructors S TAR T D ATE: E N D D ATE: C O N T R AC T VALU E: MIN O R ITY O W N E D C O N T R AC TO R?: No E X TE N S IO N AVAIL AB L E?: E X TE N S IO N E X P L AN AT IO N: AT TAC H ME N TS: Type Description Resolution Resolution awarding bid contract to T & G Constructors for Hester Center Re-roof Contract Contract Bid I nvitation to Bid - Hester Re-Roof Addendum Addendum No. 1 - E ZE L L HE S TE R C OMMUNI TY C E NTE R RE-ROOF Addendum Addendum No. 2 - E ZE L L HE S TE R C OMMUNI TY C E NTE R RE-ROOF Addendum Ezell Hester - Sheet 10 (Attachment to Addendum #2) Attachment Ezell Hester - Detail 10 (attachement to Q A #2) Tab Sheets Tabulation Sheet - Pricing - Hester Roof Letter Notice of I ntent to Award - Hester Roof Page 579 of 940 C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\CC007BC0-507C-4280-800B-49E4519E4869\Boynton Beach.18630.1.Award_Bid_and_Contract_to_T___G_Constructors_(Hester_Center_Re-Roof)_-_Reso.docx - 1 - RESOLUTION NO. R19- 1 2 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 3 FLORIDA, APPROVING AN AWARD OF BID NO. 033-2511-4 19/EM FOR "EZELL HESTER COMMUNITY CENTER RE-5 ROOF" AND AUTHORIZE THE CITY MANAGER TO SIGN 6 A CONTRACT WITH T & G CONSTRUCTORS, DORAL, FL 7 AS THE MOST RESPONSIVE, RESPONSIBLE BIDDER IN 8 THE AMOUNT OF $392,810.00 PLUS A 10% 9 CONTINGENCY IN THE AMOUNT OF $39,281.00 FOR A 10 TOTAL ESTIMATED AMOUNT OF $432,091.00; AND 11 PROVIDING AN EFFECTIVE DATE. 12 13 WHEREAS, on July 19 2019, Procurement Services opened three (3) bids in response 14 to the Invitation to Bid for the “Ezell Hester Community Center Re-roof”, Bid No. 033-2511-15 19/EM ; and 16 WHEREAS, the solicitation was for the removal of the existing roof down to the light 17 weight concrete deck and replace with GAF – Ruberoid Energy Cap SBS Heat-weld, plus FR 18 roof membrane; and 19 WHEREAS, the bid proposal from T & G Constructors, Doral, FL was reviewed and 20 evaluated by City Staff, and references were checked. City Staff recommends award of this 21 project to T & G Constructors, FL as the lowest, most responsive, responsible bidder; and 22 WHEREAS, the City Commission of the City of Boynton Beach upon recommendation 23 of staff, deems it to be in the best interest of the citizens of the City of Boynton Beach to award 24 Bid No. 033-2511-19/EM for “Ezell Hester Community Center Re-roof" , and authorize the 25 City Manager to sign a contract with T & G Constructors, Doral, FL as the most responsive, 26 responsible bidder in the amount of $392,810.00 plus a 10% contingency in the amount of 27 $39,281.00 for a total estimated amount of $432,091.00 . 28 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 29 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 30 Page 580 of 940 C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\CC007BC0-507C-4280-800B-49E4519E4869\Boynton Beach.18630.1.Award_Bid_and_Contract_to_T___G_Constructors_(Hester_Center_Re-Roof)_-_Reso.docx - 2 - 31 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 32 being true and correct and are hereby made a specific part of this Resolution upon adoption. 33 Section 2. The City Commission of the City of Boynton Beach, Florida, hereby 34 approves the award of Bid No. 033-2511-19/EM for “Ezell Hester Community Center Re-roof" 35 , and authorize the City Manager to sign a contract with T & G Constructors, Doral, FL as the 36 most responsive, responsible bidder in the amount of $392,810.00 plus a 10% contingency in 37 the amount of $39,281.00 for a total estimated amount of $432,091, a copy of which is attached 38 hereto as Exhibit “A”. 39 Section 3. That this Resolution shall become effective immediately. 40 PASSED AND ADOPTED this _____ day of October, 2019. 41 CITY OF BOYNTON BEACH, FLORIDA 42 43 YES NO 44 45 Mayor – Steven B. Grant _____ _____ 46 47 Vice Mayor – Justin Katz _____ _____ 48 49 Commissioner – Mack McCray _____ _____ 50 51 Commissioner – Christina L. Romelus _____ _____ 52 53 Commissioner – Ty Penserga _____ _____ 54 55 VOTE ______ 56 ATTEST: 57 58 59 _____________________________ 60 Crystal Gibson, MMC 61 City Clerk 62 63 64 (Corporate Seal) 65 Page 581 of 940 1 CONTRACT FOR CONSTRUCTION SERVICES THIS CONTRACT, made and entered into this _______ day of ________________, 2019, by and between the CITY OF BOYNTON BEACH, a municipal corporation of Florida, hereinafter called the “City” and T & G Constructors. a Florida Corporation (____) Check One a Florida General Partnership(____) a Florida Limited Partnership (____) a Sole Proprietor (____) hereinafter called “CONTRACTOR”. WITNESSETH that under the due procedure of law, bids were heretofore received by the City Commission of said City for the performance of work and supplying materials, hereinafter described, and said Commission having canvassed said bids, had determined that the bid in the total amount of three hundred ninety two thousand and eight hundred ten dollars submitted by the aforementioned CONTRACTOR was the best and most desirable bid submitted, and has authorized the execution of this contract. NOW, THEREFORE, in consideration of these premises and the mutual conditions and covenants contained herein, the parties agree as follows: 1.0 AGREEMENT 1.1 The CITY does award the contract to and does hire and employ the CONTRACTOR and the CONTRACTOR does accept the award, predicated upon the bid of the CONTRACTOR, dated July 19, 2019, which is hereby incorporated by reference into this agreement, and the CONTRACTOR does agree to furnish the necessary labor, tools, equipment, materials and supplies, etc., and to perform all the work provided in the bid, contract documents, bond documents, plans and specifications for: Bid Title: EZELL HESTER COMMUNITY CENTER RE-ROOF Bid Number: 033-2511-19/EM the City of Boynton Beach, Florida, all of which are incorporated herein by reference lump sum price as specified in CONTRACTOR’S bid in the amount of: three hundred ninety two thousand and eight hundred ten dollars ($392,810.00). 2.0 SCOPE OF SERVICES 2.1 CONTRACTOR further agrees to furnish all materials, supplies, machines, equipment, tools, superintendents, labor, insurance, and other accessories and services necessary to complete said project in accordance with the conditions and prices as stated in the contract, General Conditions for Construction, and Supplementary Conditions for Construction, plans which include all maps, plats, Page 582 of 940 2 blueprints, and other drawings and printed or written explanatory matter thereof as contained in the bid, contract documents and specifications for the project. 2.2 All the work and labor performed under this contract shall be performed, and all of the material furnished shall be, in strict conformity with said plans and specifications, and CONTRACTOR accepts and consents to the conditions contained in said plans and specifications and expressly agrees to comply with every requirement and stipulation therein contained to be performed by the party contracting to do said work. 2.3 The CONTRACTOR further agrees to furnish all tools, equipment, materials and supplies and to do all the work above mentioned in a first-class, substantial and workmanlike manner, and in conformity with the detail for said work on file in the office of the City Engineer of the City and strictly in accordance with the specifications, general stipulations and plans which are hereby referred to and made a part of this contract, as well as to the satisfaction of the City Commission and City Engineer of the said City, and in strict obedience with the directions which may be given by the City Manager or his authorized representative, at and for the prices herein plainly set forth. 2.4 Upon receipt of written notification from the CITY, to correct any defective or faulty work or materials which may appear within one (1) year after completion of the contract and receipt of final payment. CONTRACTOR shall make the necessary corrections within ten (10) days of receipt of the written notice. 2.5 To comply with the provisions of Section 255.05, Florida Statutes, if applicable. 2.6 To pay promptly, before final settlement, any and all claims or liens incurred in and about this work. Furnish release of liens forms from all subcontractors and suppliers of materials. Forms to be supplied by CITY. 2.7 The CONTRACTOR shall remove and clean up all rubbish, debris, excess material, temporary structures, tools and equipment from streets, alleys, parkways and adjacent property that may have been used or worked on by the CONTRACTOR in connection with the project promptly as such section or portion is completed and ready for use, leaving the same in a neat and presentable condition. Payment of monthly or partial estimates may be withheld until this has been done to the satisfaction of the City Engineer. Final acceptance and payment for the entire project will not be made until the site is satisfactory to the CITY. 2.8 The CONTRACTOR shall at all times observe and comply with the provisions of the charter, ordinances, codes and regulations of the City of Boynton Beach, Florida. 2.9 Upon completion of the work, the City Engineer shall satisfy himself, by examination and test, that the work has been fully completed in accordance with the plans, specifications and contract documents. W hen the City Engineer is so Page 583 of 940 3 satisfied, he shall recommend acceptance thereof to the City Manager, who shall, if he agrees with such recommendation, present the final payment application to City Commission for review and vote to formally accept the project. The right of general supervision of the CITY as hereinafter provided under “authority of the Engineer” shall not make the CONTRACTOR an agent or employee of the CITY, but the CONTRACTOR, shall at all times, and in all respects have the rights and liabilities of an independent contractor. 2.10 After the cleaning up of the work, premises, streets, alleys, or other areas of structure in anyway connected with the performance of the contract, the work as a whole shall be inspected by the City Engineer, and any workmanship or material found not meeting the requirements of the specifications shall be removed by or at the expense of the CONTRACTOR and good and satisfactory workmanship or material substituted therefore. All settlement, defects or damage upon any part of the work shall be remedied and made good by the CONTRACTOR. 2.11 The CONTRACTOR will be held responsible for the care, protection and condition of all work until final completion and acceptance thereof, and will be required to make good at his own cost any damage or injury occurring from any cause. 3.0 CONTRACT TIME 3.1 Contractor must commence work within 10 days after notice to proceed is issued. Substantial Completion shall take place within 30 days after Notice to Proceed is issued. Completion shall take place 30 days after substantial completion. 3.2 Upon failure of Contractor to obtain Substantial Completion within the deadline stated in Paragraph 3.1, plus approved time extensions, Contractor shall pay to City the sum of $1,000 for each calendar day after the deadline for Substantial Completion, plus any approved time extensions, until Substantial Completion is obtained. After Substantial Completion, should Contractor fail to complete the remaining work within the deadline stated in Paragraph 3.1, plus approved time extensions thereof, Contractor shall pay to City the sum of $1,000 for each calendar day after the deadline for Final Completion, plus any approved extensions, until Final Completion is obtained. These amounts are not penalties but are liquidated damages to City for its inability to obtain full beneficial occupancy of the Project. Liquidated damages are hereby fixed and agreed upon between the Parties, recognizing the impossibility of precisely ascertaining the amount of damages that will be sustained by City as a consequence of such delay, and both Parties desiring to obviate any question of dispute concerning the amount of said damages and the cost and effect of the failure of Contractor to complete this contract on time. 3.3 The CITY shall have the right to deduct said liquidated damages from any amount due, or that may become due the CONTRACTOR, or to collect such Page 584 of 940 4 liquidated damages from the CONTRACTOR or his Surety. 3.4 CONTRACTOR shall, as soon as practicable after signature of contract, confirm with City Engineer in writing, the names of subcontractors as originally proposed for principal parts of work, and for such others as City Engineer may direct. Contractor shall not employ and that City Engineer may, within a reasonable time, object to as incompetent or as unfit. 4.0 PROTECTION OF EXISTING FACILITIES 4.1 The CONTRACTOR warrants that prices include the protection and continuous use of all existing sewers, conduits, drains, pipes, buildings, walks, bridges, guard rails and other construction encountered, and the prompt repairing of any damage done to them during the progress of the work, or from insufficient support thereafter; also all the filling, backfilling, tamping, ramming, puddling and consolidating; the removal and disposal of all rubbish and surplus material; also all pumping bailing draining or unwatering of all excavations, incidental to the execution of the work; also the furnishing of all necessary labor, tools, equipment, materials and supplies, etc. and the performance of the whole work mentioned in the detailed plans and specifications necessary to give a finished result, and including all expense incurred in or in consequence of the suspension or discontinuance of the said work specified and a faithful compliance with each and every one of the requirements of the contract and for the maintenance of the entire work and construction in good condition and repair until final acceptance. 4.2 The CONTRACTOR shall assume full responsibility and expense for the protection of all public and private property, structures, water mains, sewers, utilities, etc., both above and below ground, at or near the site or sites of the work being performed under the contract, or which are in any manner affected by the prosecution of the work or the transportation of men and materials in connection therewith. The CONTRACTOR shall give reasonable written notice in advance to the department of the CITY having charge of any property or utilities owned by the CITY and to other owner or owners of public or private property or utilities when they shall be affected by the work to be performed under the contract, and shall make all necessary arrangements with such department, departments, owner or owners for the removal and replacement or protection of such property or utilities. 5.0 INDEMNIFICATION 5.1 The CONTRACTOR shall indemnify and save harmless and defend the CITY, its 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 CONTRACTOR, its agents, servants, or employees in the performance of services under this Agreement. 5.2 CONTRACTOR shall indemnify and save harmless and defend CITY, its agents, servants and employees from against any kind and all causes, claims, demands, actions, losses, liabilities, settlements, judgments, damages, costs, expenses, and fees (including without limitation reasonable attorney’s and appellate Page 585 of 940 5 attorney’s fees) of whatsoever kind or nature for damages to persons or property caused in whole or in part by any act, omission, or default of the CITY, its agents, servants or employees arising from this contract or its performance. The CONTRACTOR and the CITY hereby agree and covenant that the CONTRACTOR has incorporated in this original bid, which constitutes the contract sum payable by the CITY to the CONTRACTOR, specific additional consideration sufficient to support this obligation of indemnification provided for in this paragraph. It is the CITY’S and CONTRACTOR’S full intention that this provision shall be enforceable and said provision shall be in compliance with Florida Statute 725.06. 5.3 The execution of this Agreement by the CONTRACTOR shall obligate CONTRACTOR to comply with the foregoing indemnification provision, as well as the insurance provisions which are set forth herein. However, the indemnification provision, and the insurance provision contained in this Contract are not interdependent of each other, each one is separate and distinct from the other. 5.4 The obligation of the CONTRACTOR to indemnify the CITY is not subject to any offset, limitation or defense as a result of any insurance proceeds available to either the CITY or the CONTRACTOR. 6.0 PAYMENT BY CITY 6.1 The CITY agrees to pay the CONTRACTOR in current funds for the performance of the contract, subject to additions and deductions as provided in the specifications. 7.0 CHANGES IN THE WORK 7.1 The CITY, without invalidating the Contract, may order extra work or make changes by altering, adding to or deducting from the work, the Contract sum being adjusted accordingly. All such work shall be executed under the conditions of the original Contract. Any claim for extension of time caused thereby shall be made in writing at the time such change is ordered. 7.2 All change orders and adjustments shall be in writing and approved by the City Manager or City Commission if required, otherwise, no claim for extras will be allowed. 7.3 The General Contractor and all of his subcontractors shall be apprised of, and familiar with, the following conditions and procedures governing extra work under the Contract: 7.3.1 Any change order has to be recommended by the City Manager and officially approved by the City Commission before any steps are taken to implement the change order. 7.3.2 Should the CONTRACTOR or any of his subcontractors commence with the work without making a claim in writing for unforeseen extra work he Page 586 of 940 6 encounters, it will be construed as an acceptance and agreement by him that any such work is required under the contract and no future claim for extras will be considered or allowed by the CITY. 7.3.3 No claim for extra work will be allowed unless and until authority for same by written Change Order has been obtained from the City Manager or the City Commission of Boynton Beach, if necessary, which authorization will be signed by the Mayor. 7.3.4 Changes in the work directed in writing by the CITY’S Representative under the following procedures shall become a part of the Contract by a written Change Order. 7.3.5 Information regarding changes in the work involving claims to the CITY for additional work, credits, and/or adjustments under the contract shall be promptly transmitted in writing by the General CONTRACTOR to the CITY’S Representative with full explanations and justifications for his consideration in preparing a Change Order to the Contract. 7.4 The value of any change ordered under the Contract for extra work and/or any reductions in work required, shall be determined under one or more of the following procedures before a written Change Order is issued: 7.4.1 By such applicable unit prices, if any, as are set forth in the Contract except in those cases where increases in quantities exceed fifteen (15) percent of the original bid quantity and the total dollar change of that bid item is significant in the opinion of the Engineer, the unit price shall be subject to review to determine if a new unit price should be negotiated; or 7.4.2 If no such unit prices are set forth, then by a lump sum or other unit prices mutually agreed upon by the CITY and the CONTRACTOR; or 7.4.3 By cost reimbursement, which is the actual cost for labor, direct overhead, materials, supplies, equipment and other services necessary to complete the work plus fifteen (15) percent to cover the cost of general overhead and profit. For all labor and foreman in direct charge of the authorized operations, the CONTRACTOR shall receive the current local rate of wages to be agreed upon in writing before starting such work, for each hour said labor and foreman are actually engaged thereon. An upper limit of total cost and of profit shall be agreed upon and shall not be exceeded unless approved by the CITY. 7.4.3.1 The CONTRACTOR shall submit sufficient cost and pricing data to enable the Engineer to determine the necessity and reasonableness of costs and amounts proposed and the allowability and eligibility of costs proposed. 7.4.3.2 The CONTRACTOR shall have an accounting system which accounts for such costs in accordance with generally accepted Page 587 of 940 7 accounting principles. This system shall provide for the identification, accumulation and segregation of allowable and unallowable Change Order costs. 7.4.3.3 Where it is indicated that the Contract is federally or State assisted, the CONTRACTOR’S attention is directed to the applicable rules and regulations relative to cost principles which must be used for the determination and allowability of costs under grant. 7.4.3.4 In no case shall fringe benefit costs on direct labor costs exceed forty (40) percent of direct labor costs. 7.4.3.5 In no case shall the CONTRACTOR and Subcontractors’ general overhead and profit in the aggregate exceed fifteen (15) percent of the total cost of direct labor, fringe benefits, direct overhead, materials, supplies, equipment and directly related services supplied by him. Among the items considered as general overhead are bonds, insurance, incidental job burdens, supervision and general office expenses. 7.4.3.6 In no case shall the CONTRACTOR’S cost for administering subcontracts exceed five (5) percent of the subcontractors’ cost not including subcontractors’ profit. 7.4.3.7 For special equipment and machinery such as power driven pumps, concrete mixers, trucks, and tractors, or other equipment, required for the economical performance of the authorized work, the CONTRACTOR shall receive payment based on the agreed rental price for each item of equipment and the actual time of its use on the work provided that the rental price shall not exceed the current rates published by the Equipment Guide Book Company in the Blue Book, “Rental Rates for Construction Equipment”. Rate shall be daily, weekly or monthly as appropriate. 7.4.3.8 Records of extra work done shall be reviewed at the end of each day by the CONTRACTOR and the Engineer. Such daily records shall clearly distinguish between the work done under the contract and that done under the Change Order. Duplicate copies of the accepted daily records shall be made, signed by the CONTRACTOR and the Engineer and one copy retained by each. 7.5 Claim of payment for extra work shall be submitted by the CONTRACTOR upon certified statement supported by receipted bills. Such statements shall be submitted for the current contract payment for the month in which the work was done. No claim for extra work shall be allowed unless that same was ordered, in writing, as aforesaid and the claim presented at the time of the first estimate after the work is completed. Page 588 of 940 8 7.6 No Field Change Directive or Change Order shall be authorized by the Project Manager if the Contractor has added language to the Field Change Directive or Change Order or to any cover letter, e-mail, facsimile, or other written document which accompanies the Field Change Directive or Change Order in which the contractor attempts to reserve any future right or claim arising out of the work which is the subject of the Field Change Directive or Change Order. 8.0 INSURANCE 8.1 The CONTRACTOR shall maintain during the term of this contract commercial liability, motor vehicle, and property damage insurance, acceptable to the CITY, covering the work contracted and all operations connected herewith, and whenever any of the work in the contract is to be sublet, CONTRACTOR’S contingent or protective liability and property damage insurance. Such insurance shall provide limits not less than those set forth on the insurance requirement schedule included in the bid documents and naming the City of Boynton Beach as an “Additional Insured” with respect to General Liability. 8.2 Required insurance shall be documented in a certificate of insurance which provides that the CITY of Boynton Beach shall be notified at least fifteen (15) days in advance of cancellation, nonrenewal or adverse change. Contractor agrees to furnish policies if Certificate of Insurance is not acceptable. 8.3 The CONTRACTOR shall take all necessary precautions to prevent the generation of loud, unnecessary noise in conjunction with his operations at the work site. Internal combustion engines used with construction equipment shall be equipped with mufflers, as required by the Code of the City of Boynton Beach, and the CONTRACTOR shall comply with all requirements of this Code as they pertain to prevention of noise. No pile driver, excavating or other construction equipment, pneumatic hammer, derrick, the use of which is attend by loud or unusual noise, shall be operated between the hours of 6:00 P.M. and 7:00 A.M., except by written permission of the City Manager, and then only in case of emergency. 9.0 GUARANTEE AND WARRANTIES 9.1 All the work shall be guaranteed to remain in good condition for one year from date of acceptance. 10.0 TERMINATION OF CONTRACT 10.1 If the work to be performed under the contract is assigned by the CONTRACTOR other than provided for herein; if the CONTRACTOR should be adjudged as bankrupt; if a general assignment of his assets be made for the benefit of his creditors; if a receiver should be appointed for the CONTRACTOR or any of his property; if at any time the Engineer shall certify in writing to the City Manager that the performance of the work under the contract is being unnecessarily delayed or that the CONTRACTOR is willfully violating any of the conditions, provisions, or covenants of the contract, plans or specifications, or that he is executing the same in bad faith or otherwise not in accordance with the Page 589 of 940 9 terms of the contract; if the work be not fully completed within the time named for its completion or within the time to which such completion date may be extended; or if other just causes exist, the City Manager may serve ten (10) days’ written notice upon the CONTRACTOR of the intent to terminate the contract for the CITY and if the CONTRACTOR shall not, prior to the effective date of termination set forth in such notice, take such measures as will, in the judgment of the City Manager, ensure the satisfactory performance of the work, the City Commission and the City Manager may declare the contract terminated on the effective date specified in such notice, or any date subsequent thereto. In the event of such termination, the City Manager shall notify the CONTRACTOR and Surety and the CONTRACTOR shall immediately respect such notice and stop work and cease to have any right to the possession of the ground and shall forfeit his contract. Upon such termination, the City Manager shall provide the Surety with written notice of the CITY’S action and the Surety shall within ten (10) days of receipt of said notice remedy the default or the Surety shall as expeditiously as possible: 10.1.1 Complete the contract in accordance with its terms and conditions, or 10.1.2 Obtain a bid or bids for completing the contract in accordance with its terms and conditions, and upon determination by Surety and the CITY of the lowest responsible bidder, make available as work progresses (even though there should be a default or a succession of defaults under the contract or contracts or completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price; but not exceeding, including other costs and damages for which the Surety may liable hereunder, the amount set forth in the first paragraph hereof. The term “balance of the contract price”, as used in this paragraph, shall mean the total amount payable by CITY to CONTRACTOR under the contract and any amendments thereto, less the amount properly paid by CITY to CONTRACTOR. 11.0 CONTRACT CONTROLS 11.1 The subject contract between the CITY and the CONTRACTOR shall supersede any and all documents executed between the parties relative to the project. In the event of any inconsistencies, the terms, provisions and conditions set forth in the subject contract shall supersede all other documents and shall be controlling. 12.0 TIME OF ESSENCE 12.1 Inasmuch as the provisions hereof, and of the plans and specifications herein, and of all the other contract documents relating to the times of performance and completion of the work are for the purpose of enabling the CITY to complete the construction of a public improvement in accordance with a predetermined program, all such time limits are of the essence of the contract. Page 590 of 940 10 13.0 REMEDY FOR DELAY 13.1 In the event of any delay in the project caused by any act or omission of the CITY, its agents or employees, by the act or omission of any other party, or delay caused by weather conditions or unavailability of materials, the sole remedy available to CONTRACTOR shall be by extension of the time allocated to complete the project. No monetary damages shall be claimed or awarded to CONTRACTOR in association with any delay in the project caused by an act or omission of the CITY, its agents or employees. 13.2 Failure on the part of CONTRACTOR to timely process a request for an extension of time to complete the work shall constitute a waiver by CONTRACTOR and CONTRACTOR shall be held responsible for completing the work within the time allocated by this contract. 13.3 All requests for extension of time to complete the work shall be made in accordance with the General Conditions for Construction. 13.4 For the purpose of this section the phrase “the CITY, its agents and employees” shall include but shall not be limited to the Engineer, project manager and consulting Engineers. REMAINDER OF THE PAGE LEFT BLANK INTENTIONALLY. Page 591 of 940 11 IN WITNESS WHEREOF, the CITY has caused these presents to be signed by its City Manager, attested by the City Clerk with the Corporate Seal of the said CITY and the CONTRACTOR has executed these presence the day and year herein before written. DATED this _____ day of ________________________________________, 2018. CITY OF BOYNTON BEACH _________________________________ Lori LaVerriere, City Manager Approved as to Form: ________________________________ James A. Cherof, City Attorney Attest/Authenticated: _________________________________ Judy Pyle, City Clerk CONTRACTOR: By: _____________________________________ ________________________________________ (Print Name and Title) STATE OF FLORIDA COUNTY OF __________________ Page 592 of 940 12 BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgements personally appeared________________________, and acknowledged He/She executed the foregoing Addendum to Agreement for the use and purposes mentioned in it, and that the instrument is His/Her act and deed. IN WITNESS OF THE FOREGOING, I have set my hand and official seal in the State and County aforesaid on this _______day of ______________2018. _________________________________________ NOTARY PUBLIC My Commission Expires: Page 593 of 940 INVITATION TO BID FOR EZELL HESTER COMMUNITY CENTER RE-ROOF BID No.: 033-2511-19/EM BID OPENING DATE: July 19, 2019 BID OPENING TIME: 10:00 A. M. (LOCAL TIME) PURCHASING SERVICES, CITY HALL Page 594 of 940 1 The City of Boynton Beach INVITATION TO BID FOR “EZELL HESTER COMMUNITY CENTER RE-ROOF” BID No.: 033-2511-19/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: July 19, 2019; No Later Than 10:00 A.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 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 Purchasing Services P. O. Box 310 Boynton Beach, Florida 33425-0310 Telephone: (561) 742-6323 FAX: (561) 742-6316 Page 595 of 940 2 Selection Committee in reference to the solicitation, with the exception of the Purchasing Manager or designee. (Section 2-355 of the Palm Beach County Code of Ordinances.) Failure to abide by this provision may serve as grounds for disqualification for award of contract to the proposer. Further, any contract entered into in violation of the cone of silence shall render the transaction voidable. The cone of silence shall not apply to oral communications at any public proceeding, including pre-bid conferences, oral presentations before Selection Committees, contract negotiations during any public meeting, presentations made to the City Commission, and protest hearings. Further, the cone of silence shall not apply to contract negotiations between any employee and the intended awardee, any dispute resolution process following the filing of a protest between the person filing the protest and any employee, or any written correspondence with Boynton Beach as may be permitted by the competitive solicitation. Additionally, the cone of silence shall not apply to any purchases made in an amount less than the competitive solicitation threshold set forth in the Purchasing Manual. Any questions relative to any item(s) or portion of this bid should be directed to Michael Dauta, Acting Purchasing Manager; Telephone: (561) 742-6322, E-mail: dautam@bbfl.us SCOPE OF BID: The City of Boynton Beach is seeking the services of a qualified Contractor to replace the existing roof at the Ezell Hester Community Center. The existing roof is approximately 28,000 sq. ft. and shall be removed down to the existing concrete. The existing concrete shall be patched to provide a clean smooth slab ready for new roofing. All existing parapet and edge flashing is to be removed and replaced. Design of roof replacement is based on GAF – Ruberoid Energy Cap SBS Heat-Weld, Plus FR roof membrane, complying with Florida product approval No. FL5680.1 – System SC-178 or approved equal. The scope of work is more clearly defined in the Contract Documents, Special Conditions, Terms, Specifications, and project drawings, which are hereby not listed in any order of precedence. A MANDATORY Pre-Bid Conference is scheduled for July 1, 2019 at 1:30 P.M. (local time), to be held in the City of Boynton Beach City Hall, 3301 Quantum Boulevard, Suite 101, Boynton Beach, Florida 33426. Attendance is mandatory and proof of attendance will be evidence by the Bidder’s signature or signature of Bidder’s designee on the attendance sheet provided. At the time of the opening of bids, each bidder shall be presumed to have inspected the site and to have read to be thoroughly familiar with the plans and Contract Documents (including all addenda). Failure or omission of any bidder to examine any form, instrument or document shall in no way relieve any bidder from any obligation with respect to this bid. Contact: City of Boynton Beach Purchasing Services 3301 Quantum Boulevard, Suite 101 Boynton Beach, FL 33426 Michael Dauta, Acting Purchasing Manager (561) 742-6322 or dautam@bbfl.us Office Hours: MONDAY – FRIDAY, 8:00 A.M. TO 5:00 P.M. CITY OF BOYNTON BEACH Page 596 of 940 3 ______________________________ TIM W. HOWARD ASSISTANT CITY MANAGER – ADMINISTRATION Page 597 of 940 4 INVITATION TO BID FOR “EZELL HESTER COMMUNITY CENTER RE-ROOF” BID No.: 033-2511-19/EM Section 1 – SUBMITTAL INFORMATION A. The City of Boynton Beach will receive bid responses until July 19, 2019 at 10:00 A.M. (LOCAL TIME) in Purchasing Services located at City Hall, 3301 Quantum Blvd., Suite 101, Boynton Beach, FL 33426 B. Any responses received after the above stated time and date will not be considered. It shall be the sole responsibility of the proposer to have their bid response delivered to Purchasing Services for receipt on or before the above stated time and date. It is recommended that responses be sent by an overnight air courier service or some other method that creates proof of submittal. Bid responses that arrive after the above stated deadline as a result of delay by the mail service shall not be considered, shall not be opened at the public opening, and arrangements shall be made for their return at the proposer’s request and expense. The City reserves the right to consider submittals that have been determined by the City to be received late due solely to mishandling by the City after receipt of the bid and prior to the award being made. C. If any addendum(s) are issued to this Bid, the City will attempt to notify all prospective bidders who have secured same, however, it shall be the responsibility of each bidder, prior to submitting the bid response, to contact the City Procurement Services at (561) 742-6322 to determine if any addendum(s) were issued and to make any addendum acknowledgements as part of their bid response. D. One (1) original, so marked, two (2) copies, and one (1) electronic copy of the bid response shall be submitted in one sealed package clearly marked on the outside “EZELL HESTER COMMUNITY CENTER RE-ROOF” to: City of Boynton Beach, Purchasing Services, 3301 Quantum Blvd., Suite 101, Boynton Beach, FL 33426 E. Responses shall clearly indicate the legal name, address and telephone number of the bidder (firm, corporation, partnership or individual). Responses shall be signed above the typed or printed name and title of the signer. The signer shall have the authority to contractually bind the proposer to the submitted bid. Bidder must note their Federal I.D. number on their bid submittal. Page 598 of 940 5 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. BONDING: When required by the specifications herein, the successful Bidder shall furnish Performance and Payment Bonds, and/or Warranty Bond, as stated on in the Bid documents on the City’s forms within ten (10) calendar days after notification of contract award. Failure to furnish the required bonds within the time specified may be cause for rejection of the Bid and any Bid deposit may be retained by the City as liquidated damages and not as a penalty. Said sum shall be a fair estimate of the amount of damages the City would sustain due to the Bidder’s failure to furnish said bonds. EXECUTION OF BID: Proposal must contain an original signature of an authorized representative in the space provided on all affidavits and proposal sheets. NO BID: If not submitting a proposal, respond by returning one copy of the “STATEMENT OF NO BID” and explain the reason by indicating one of the reasons listed or in the space provided. Repeated failure to quote without sufficient justification shall be cause for removal of the vendor’s name from the mailing list. NOTE: To qualify as a respondent, bidder must submit a “NO BID” and it must be received no later than the stated bid receiving date and hour. BID DEADLINE: It is the bidder’s responsibility to assure that the bid is delivered at the proper time and place prior to the bid deadline. The City of Boynton Beach is not responsible for the U.S. Mail or private couriers in regards to mail being delivered by a specified time so that a proposal can be considered. Bids which for any reason are delivered by the deadline will not be considered. If no award has been made, the City reserves the right to consider bids that have been determined by the City to be received late due to mishandling by the City after receipt of the bid. Offers by telegram or telephone are not acceptable. MINOR IRREGULARITIES/RIGHT TO REJECT: Bidders are expected to examine the specifications, delivery schedules, bid prices and extensions and all instructions pertaining to supplies and services. Failure to do so will be at the bidder’s risk. The City of Boynton Beach reserves the right to waive irregularities or informalities in Bids or to reject all Bids or any part of any Bid deemed necessary for the best interest of the City. The City may reject any response not submitted in the manner specified by the solicitation documents. Page 599 of 940 6 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”. Page 600 of 940 7 SAMPLES: Samples of items, when called for, must be furnished free of expense, and if not used, tested or destroyed, upon request, will be returned at the bidder’s expense. Request for the return of samples may be made within ten (10) days following the bid deadline. Each individual sample must be labeled with the bidder’s name, manufacturer’s brand name and number, and item reference. DEMONSTRATIONS: Performance of the equipment/services upon request can be deemed a part of the evaluation process in determining the award of bidder. Demonstrations of the merits of the equipment/services that meet City requirements shall be requested by Procurement Services. Equipment demonstrated shall be a minimum of one (1) year old. All required staff, to be assigned per the individual bid product or service application, will form the Bid Award Committee to evaluate and submit a group award recommendation. The City reserves the right to make separate and independent awards based on its needs and the combined evaluation results. SUBCONTRACTING: If a bidder subcontracts any portion of a Contract for any reason, the bidder must state the name and address of the subcontractor and the name of the person to be contacted on the attached “Schedule of Subcontractors”. The City of Boynton Beach reserves the right to accept or reject any or all bids wherein a subcontractor is named and to make the award to the bidder, who, in the opinion of the City, will be in the best interest of and/or most advantageous to the City. The City also reserves the right to reject a bid of any bidder if the bid names a subcontractor who has previously failed in the proper performance of an award or failed to deliver on time Contracts of a similar nature, or who is not in a position to perform properly under this award. The City reserves all rights in order to make a determination as to the foregoing. ADDENDA: From time to time, the City may issue an addendum to change the intent or to clarify the meaning of the Contract documents. Since all addenda are available to bidders at Procurement Services, it is each bidder’s responsibility to check with Procurement Services and immediately secure all addenda before submitting bids. It is the usual practice for the City to mail an addendum to known bidders, but it cannot be guaranteed that all bidders will receive ALL addenda in this manner. Each bidder shall acknowledge receipt of ALL addenda by notation on the bid and shall adhere to all requirements specif ied 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. Page 601 of 940 8 NONCONFORMANCE TO CONTRACT CONDITIONS: Items may be tested for compliance with specifications under the direction of appropriate testing laboratories. The data derived from any tests for compliance with specifications are public records and open to examination thereto in accordance with Chapter 119, Florida Statutes. Items delivered not conforming to specifications may be rejected and returned at vendor’s expense. These items and items not delivered as per delivery date in the bid and or Purchase Order may result in the bidder being found in default in which event any and all procurement costs may be charged against the defaulted Contractor. Any violation of these stipulations may also result in the vendor’s name being removed from the City of Boynton Beach’s vendor mailing list. DISPUTES: In case of any doubt or difference of opinion as to the items to be furnished hereunder, the decision of the City Manager shall be final and binding on both parties. ANTITRUST CAUSE OF ACTION: In submitting a bid to the City of Boynton Beach, the bidder offers and agrees that if the bid is accepted, the bidder will convey, sell, assign or transfer to the City of Boynton Beach all rights, title and interest in and to all causes of act ion 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 Page 602 of 940 9 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 f rom and against all costs, counsel fees, expenses and liabilities incurred in an about any such claims, the investigation thereof, or the defense of any action or proceedings brought thereon, and from and against any orders or judgments which may be entered therein. The City shall notify the bidder within ten (10) days of receipt by the City of any claim, suit or action against the City arising directly or indirectly from the operations of the bidder hereunder, for which the City may be entitled to a claim or indemnity against the bidder, under the provisions of this Contract. Bidder shall have the right to control the defense of any such claim suit or actions. The bidder shall also be liable to the City for all costs, expenses, attorneys’ fees and damages which may be incurred or sustained by the City by reason of the bidder’s breach of any of the provision of the contract. Bidder shall not be responsible for negligent acts of the City or its employees. OPTIONAL CONTRACT USAGE BY OTHER GOVERNMANTAL AGENCIES: If a bidder is awarded a contract as a result of the solicitation, if bidder has sufficient capacity or quantities available, provide to other governmental agencies, so requesting, the products or services awarded in accordance with the terms and conditions of the solicitation and resulting contract. Prices shall be F.O.B. Destination to the requesting agency. AWARD OF CONTRACT: The low monetary bid will NOT in all cases be awarded the Contract or Purchase Order. Contracts or Purchase Orders will be awarded by the City to the most responsive, responsible bidder whose bid represents the most advantageous bid to the City, price and other factors considered. Evaluation of bids will be made based upon the evaluation factors and standards set forth herein. The City reserves the right to reject any and all bids and to waive technical errors as set forth herein. In the event of a Court challenge to an award by any bidder, damages, if any, resulting from an award shall be limited to actual bid preparation costs incurred by the challenging bidder. In no case will the award be made until all necessary investigations have been made into the responsibility of the bidder and the City is satisfied that the most responsive, responsible bidder is qualified to do the work and has the necessary organization, capital and equipment to carry out the required work within the time specified. AS SPECIFIED: A Purchase Order will be issued to the successful bidder with the understanding that all items/services delivered must meet the specifications herein. Items/services delivered not as specified, will be returned at no expense or penalty to the City of Boynton Beach. DELIVERY: Prices shall be quoted F.O.B. Boynton Beach, Florida. F.O.B. destination indicates that the seller is responsible for the shipment until it reaches its destination. Any and all freight charges are to be included in the bid total. The bidder’s invoice payment terms must be shown. WARRANTY REQUIREMENTS: Each item, including all components and all installed accessories and equipment, shall be guaranteed by the bidder to be free of defective parts and workmanship. This warranty shall be for a period of 365 days or the time designated in the standard factory warranty, whichever is longer. The warranty will be the same as that offered to the commercial trade and shall be honored by any of the manufacturer’s authorized dealers. Warranty will cover parts, labor and any necessary shipping. Warranty repairs may be accomplished on City property, if space is available; this will be at the sole discretion of the City. Contact Procurement Services for permission to perform warranty service on City property. Warranty to start at the time of acceptance by the City; however, in cases where vehicles or Page 603 of 940 10 equipment are not immediately placed in service, the bidder will provide a delay of warranty start-up time. The period of warranty delay will be coordinated by Procurement Services. PRICES, TERMS AND PAYMENT: Firm prices shall be quoted, typed or printed in ink, and include all packing, handling, shipping charges and delivery to the destination shown herein. Bidder is requested to offer a cash discount for prompt invoice payment. Discount time will be computed from the date of satisfactory delivery at place of acceptance or from receipt of correct invoice at the office specified, whichever is later. Upon delivery, the City shall make final inspection. If this inspection shows that the equipment/service has been delivered/performed in a satisfactory manner in accordance with the specifications, the City shall receive the same. Final payment due the bidder shall be withheld until visual inspection is made by the Contract Administrator or his/her representative 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. The Finance Department processes payments either through E-Payables or paper checks every two (2) weeks and all checks are mailed; no exceptions. Timely submission of a properly certified invoice(s) in strict accordance with the price(s) and delivery elements as stipulated in the Contract document should be submitted to: City of Boynton Beach Attn: Gail Mootz, Project Supervisor/Contract Administrator 222 NE 9th Avenue Boynton Beach, Florida 33435 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 dat e of delivery will be considered as a factor in the evaluation of the bids Page 604 of 940 11 LICENSE AND PERMITS: It shall be the responsibility of the successful bidder to obtain all licenses and permits, if required, to complete this service at no additional cost to the City. Licenses and permits shall be readily available for review by the Purchasing Agent and City Inspectors. COMPLIANCE WITH OCCUPATIONAL SAFETY AND HEALTH: Bidder certifies that all material, equipment, etc., contained in this bid meets all O.S.H.A. requirements. Bidder further certifies that if awarded as the successful bidder, and the material equipment, etc. delivered is subsequently found to be deficient in any O.S.H.A. requirement in effect on date of delivery, all costs necessary to bring the materials, equipment, etc., into compliance with the aforementioned requirements shall be borne by the bidder. Bidder certifies that all employees, subcontractors, agents, etc. shall comply with all O.S.H.A. and State safety regulations and requirements. PALM BEACH COUNTY INSPECTOR GENERAL: The contractor is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of any contracts 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. Cosgrove, Hall, Dre, Kirk, Sorr, Al. E. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUES, TO THE Page 605 of 940 12 CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: JUDY PYLE, CITY CLERK 3301 QUANTUM BLVD., SUITE 101, BOYNTON BEACH, FL 33426 561-742-6061 PYLEJ@BBFL.US QUESTIONS: Any questions relative to any item(s) or portion of this bid or Invitation to Bid should be directed to Eric Marmer, Buyer, Monday through Friday, 8:00 A.M. to 5:00 P.M. at (561) 742-6318; E-mail to: marmere@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 must include the attached Scrutinized Companies form to certify that the Proposer is not on either of those lists. Page 606 of 940 13 SPECIAL TERMS AND CONDITIONS PURPOSE: The purpose of this bid is for the replacement of the existing roof at the Ezell Hester Community Center. METHOD OF AWARD: Successful Bidder awarded shall ensure that proper and sufficient staff, equipment, organization, etc. will be provided for this contract to meet the specifications denoted herein at a paramount level. Once opened, the bids will be tabulated and evaluated by the City before recommendation and/or notice of intent to award. The City, in its sole discretion, reserves the right to accept or reject any or all bids for any reason whatsoever. The City further reserves the right to waive irregularities and technicalities and/or to request resubmission. There is no obligation on the part of the City to award the bid to the lowest bidder, or any bidder. The City reserves the right to make the award to a responsible bidder submitting a responsive bid most advantageous and in the best interest of the City. The City shall be the sole judge of the bids and the City’s decision shall be final. 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 le ss than B+ in accordance to A.M. Best’s Key Rating Guide, latest edition. BONDS: PAYMENT AND PERFORMANCE BONDS: For awarded bids of $25,000.00 or more, the successful bidder shall furnish a performance bond, cash bond, or irrevocable letter of credit or alternative means of security to protect the City from loss in the event of the Vendor’s default in the performance of work which is subject of the award. Amount of such bond will be for 100% of the bid price submitted. The successful bidder will provide a Performance Bond for the duration of the work to be completed and for any and all extensions. RECORDING OF CONTRACT BOND: Before commencing the work, Contractor(s) shall provide to City a certified copy of the recorded bond(s). City may not make a ny payment to Contractor until Contractor has complied with this requirement. POWER OF ATTORNEY: Attorneys-in-fact who sign Bid Bonds or Contract Bonds shall file with each bond an original, certified and dated copy of their power of attorney. QUALIFICATION OF SURETY: The Payment and Performance Bonds shall be executed by a surety company of recognized standing authorized to do business in the State of Florida and having a resident agent in the State of Florida for purposes of service of process. The surety company shall hold a current certificate of authority as acceptable surety on Federal Bonds, in accordance with U.S. Department of Treasury Circular 570, current revision, or meet the criteria established as to acceptable surety companies by the Board of Commissioners of State Institutions, March 18, 1958, or the Page 607 of 940 14 equivalent thereof. A surety shall be deemed not qualified if the surety shall have a receiver appointed for it, or if it shall declare or file or has filed for bankruptcy. MINIMUM QUALIFICATIONS OF BIDDERS - This bid will be awarded only to responsible bidders qualified by experience and expertise to provide the work specified. The following evidence of eligibility may be required to be submitted: A. Roofing Contractor License B. The bidder must be in business for the last five (5) years under the same name. C. The firm must have successfully completed roofing projects meeting the following requirements: a. A minimum of $300,000 in roofing projects completed annually for each of the past three calendar years (2016, 2017, 2018). The firm must itemize this work using forms under “Work History” for “Calendar Year 2016”, “Calendar Year 2017” and “Calendar Year 2018.” Page 608 of 940 15 SCOPE OF WORK AND TECHNICAL REQUIREMENTS General The following instructions are given for the purpose of guiding bidders in properly preparing their bids or proposals. These directions have equal force and weight with the specifications and strict compliance is required with all the provisions herein contained. If and whenever in the specifications a brand name, make, name of any manufacturer, trade name or vendor catalog number is mentioned, it is for the purpose of establishing a grade or quality of material only. Since the City does not wish to rule out other competition and eq ual brands or makes, the phrase OR EQUAL is added. However, if a product other than that specified is proposed, it is the vendor’s responsibility to name such a product within his proposal and to prove to the City that said product is equal to that specified and to submit brochures, samples, product approvals, and/or specifications in detail on the item(s) submitted. The City shall be the sole judge concerning the merits of the proposal submitted. Scope of Work The City of Boynton Beach is seeking the services of a qualified Contractor to replace the existing roof at the Ezell Hester Community Center. The existing roof is approximately 28,000 sq. ft. and shall be removed down to the existing concrete. The existing concrete shall be patched to provide a clean smooth slab ready for new roofing. All existing parapet and edge flashing is to be removed and replaced. Design of roof replacement is based on GAF – Ruberoid Energy Cap SBS Heat-Weld, Plus FR roof membrane, complying with Florida product approval No. FL5680.1 – System SC-178 or approved equal. The awarded contractor shall submit shop drawings and product approval codes for approval prior to start of work. The awarded Contractor shall “dry-in” the same day any roofing that has been removed. Specifications and Scope of W ork provided in Drawings as a separate Attachment: SHEET-01 RE-ROOF BOUNDARIES LAYOUT SHEET-02 AERIAL VIEWS SHEET-03 GENERAL DEMOLITION NOTES SHEET-04 GENERAL CONSTRUCTION NOTES SHEET-05 SECTION 075216, PAGE 2 SHEET-06 SECTION 075216, PAGE 2 SHEET-07 SECTION 075216, PAGE 3 SHEET-08 ROOF PITCH FOR ROOF DRAINS AND SCUPPERS SHEET-09 ROOF DETAIL 1 SHEET-10 TYP. ROOF DRAIN DETAIL 2 SHEET-11 VENT THRU ROOF DETAIL 3 SHEET-12 ROOF DETAIL LOWER LEVEL AT GYM WALL DETAIL 4 SHEET-13 ROOF HATCH DETAIL 5 SHEET-14 SCUPPER DETAIL 6 SHEET-15 TYP WALL BASE FLASHING DETAIL 7 SHEET-16 TYP PRE-FINISHED PRE-ENGINEERED COPING DETAIL 8 Page 609 of 940 16 SHEET-17 TYP ROOF PAN FLASHING DETAIL 9 Equipment/Labor/Materials The lump sum price submitted is to include all labor, equipment, tools, and materials, for the removal and replacement of the existing roof. Permitting Permit to be provided by the City of Boynton Beach. The awarded Contractor will fill out a change of contractor form upon receipt of Purchase Order. Contractor Responsibility Contractor(s) shall provide all supervision, labor, tools, and materials to complete all services as required per bid specifications. Contractor(s) will be responsible for ensuring that all employees are in compliance, at all times, with Terms, Conditions, and Specificati ons outlined in these bid specifications. Contractor(s) shall provide and ensure the wearing of protective clothing, masks, ear and eye protection, etc., as required by Laws, Regulations, Ordinances, and/or manufacturer’s instructions for materials and equ ipment. The Contractor’s personnel shall be in company uniform at all times while working on City property. Contractor(s) is responsible to educate and provide all safety training and personal protection equipment for all of their personnel including follo wing O.S.H.A Regulations. Contractor(s) will be responsible for obtaining all necessary permits, licenses, and/or registration cards, I-9 Forms (Department of Homeland Security’s Employment Eligibility Verification) in compliance with all applicable federa l, state, and local statues pertaining to services as specified. Location of work The location of the work is: Ezell Hester Community Center, 1901 North Seacrest Boulevard, B oynton Beach, FL 33425 Page 610 of 940 17 Attachment “A” City of Boynton Beach Risk Management Department INSURANCE ADVISORY FORM Under the terms and conditions of all contracts, leases, and agreements, the City requires appropriate coverages listing the City of Boynton Beach as Additional Insured. This is done by providing a Certificate of Insurance listing the City as "Certificate Holder" and "The City of Boynton Beach is Additional Insured as respect to coverages noted." Insurance companies providing insurance coverages must have a current rating by A.M. Best Co. of “B+” or higher. (NOTE: An insurance contract or binder may be accepted as proof of insurance if Certificate is provided upon selection of vendor.) The following is a list of types of insurance required of contractors, lessees, etc., and the limits required by the City: (NOTE: This list is not all inclusive, and the City reserves the right to require additional types of insurance, or to raise or lower the stated limits, based upon identified risk.) ------------------------------------------------------------------------------------------------------------------------------------------- TYPE (Occurrence Based Only) MINIMUM LIMITS REQUIRED ------------------------------------------------------------------------------------------------------------------------------------------- General Liability General Aggregate $ 1,000,000.00 Commercial General Liability Products-Comp/Op Agg. $ 1,000,000.00 Owners & Contractor's Protective (OCP) Personal & Adv. Injury $ 1,000,000.00 Liquor Liability Each Occurrence $ 1,000,000.00 Professional Liability Fire Damage (any one fire) $ 50,000.00 Employees & Officers Med. Expense (any one person) $ 5,000.00 Pollution Liability Asbestos Abatement Lead Abatement Broad Form Vendors Premises Operations Underground Explosion & Collapse Products Completed Operations Contractual Independent Contractors Broad Form Property Damage Fire Legal Liability ------------------------------------------------------------------------------------------------------------------------------------------- Automobile Liability Combined Single Limit $ 500,000.00 Any Auto Bodily Injury (per person) to be determined All Owned Autos Bodily Injury (per accident) to be determined Scheduled Autos Property Damage to be determined Hired Autos Trailer Interchange $ 50,000.00 Non-Owned Autos PIP Basic Intermodal ------------------------------------------------------------------------------------------------------------------------------------------- Garage Liability Auto Only, Each Accident $ 1,000,000.00 Any Auto Other Than Auto Only $ 100,000.00 Garage Keepers Liability Each Accident $ 1,000,000.00 Aggregate $ 1,000,000.00 ------------------------------------------------------------------------------------------------------------------------------------------- Excess Liability Each Occurrence to be determined Umbrella Form Aggregate to be determined ------------------------------------------------------------------------------------------------------------------------------------------- Worker's Compensation Statutory Limits Employer's Liability Each Accident $ 100,000.00 Disease, Policy Limit $ 500,000.00 Disease Each Employee $ 100,000.00 ------------------------------------------------------------------------------------------------------------------------------------------- Property Homeowners Revocable Permit $ 300,000.00 Builder's Risk Limits based on Project Cost ------------------------------------------------------------------------------------------------------------------------------------------- Other - As Risk Identified to be determined Page 611 of 940 THIS PAGE TO BE SUBMITTED FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 18 BIDDER ACKNOWLEDGEMENT Submit Bids to: PURCHASING SERVICES 3301 Quantum Blvd., Suite 101 Boynton Beach, FL 33426 Telephone: (561) 742-6310 Bid Title: “EZELL HESTER COMMUNITY CENTER RE-ROOF” Bid Number: 033-2511-19/EM Bid Due: July 19, 2019, NO LATER THAN 10:00 A.M. (LOCAL TIME) Bids will be opened in Purchasing Services unless specified otherwise and may not be withdrawn within ninety (90) days after such date and time. All awards made as a result of this bid shall conform to applicable sections of the charter and codes of the City. Name of Bidder: Federal I.D. Number: A Corporation of the State of: Area Code: Telephone Number: Area Code: FAX Number: Mailing Address: City/State/Zip: Vendor Mailing Date: E-Mail Address: Authorized Signature Name Typed Page 612 of 940 THIS PAGE TO BE SUBMITTED FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 19 INVITATION TO BID FOR “EZELL HESTER COMMUNITY CENTER RE-ROOF” BID No.: 033-2511-19/EM BID FORM To All Bidders: The undersigned declares that he/she has carefully examined the specifications and is thoroughly familiar with its provisions and with the quality, type and grade of product/service called for. When submitting more than one bid proposal price for this product and/or service, indicate how many individual and/or combination item(s) are to be tabulated and considered. Attach a separate sheet for each. Basis of Award: The City anticipates award will be made in the best interest of the City to the contractor who meets the requirements specified herein and has the lowest bid pricing. Please refer to the Special Terms and Conditions for additional information on the Bid Evaluation and Award process. Award will be based on the total lump sum price for Item 1. ITEM DESCRIPTION UNIT OF MEASURE TOTAL PRICE 1. Re-roofing of Ezell Hester Community Center LS ______________________________ ____________________________________ COMPANY NAME SIGNATURE OF AUTHORIZED OFFICIAL ____________________________________ (_____)_____________________________ PRINTED NAME OF AUTHORIZED OFFICIAL TELEPHONE NUMBER ___________________________ ( )____________ ________________________ TITLE FAX NUMBER E-MAIL ADDRESS Page 613 of 940 THIS PAGE TO BE SUBMITTED FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 20 WORK HISTORY Provide contracts for roofing projects that your firm has completed in the past three (3) years showing a minimum of $300,000 per year. CALENDAR YEAR 2016 GENERAL DESCRIPTION OF WORK PERFORMED AS PRIME CONTRACTOR VALUE OF WORK PERFORMED DATE COMPLETED NAME AND ADDRESS OF PROJECT OWNER PHONE NUMBER OF PROJECT OWNER Total Amount for this Calendar Year must be greater than $300,000 $__________ Page 614 of 940 THIS PAGE TO BE SUBMITTED FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 21 WORK HISTORY Provide contracts for roofing projects that your firm has completed in the past three (3) years showing a minimum of $300,000 per year. CALENDAR YEAR 2017 GENERAL DESCRIPTION OF WORK PERFORMED AS PRIME CONTRACTOR VALUE OF WORK PERFORMED DATE COMPLETED NAME AND ADDRESS OF PROJECT OWNER PHONE NUMBER OF PROJECT OWNER Total Amount for this Calendar Year must be greater than $300,000 $__________ Page 615 of 940 THIS PAGE TO BE SUBMITTED FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 22 WORK HISTORY Provide contracts for roofing projects that your firm has completed in the past three (3) years showing a minimum of $300,000 per year. CALENDAR YEAR 2018 GENERAL DESCRIPTION OF WORK PERFORMED AS PRIME CONTRACTOR VALUE OF WORK PERFORMED DATE COMPLETED NAME AND ADDRESS OF PROJECT OWNER PHONE NUMBER OF PROJECT OWNER Total Amount for this Calendar Year must be greater than $300,000 $__________ Page 616 of 940 THIS PAGE TO BE SUBMITTED FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 23 NON COLLUSION AFFIDAVIT OF PRIME BIDDER State of _____________________________) : County of____________________________) ________________________________________, being first duly sworn, deposes and says that: 1) He is_________________________ of ________________________________, (Title) (Name of Corporation or Firm) the bidder that has submitted the attached bid: 2) He is fully informed respecting the preparation and contents of the attached bid and of all pertinent circumstances respecting such bid; 3) Said bid is genuine and is not a collusive or sham bid; 4) Further, the said bidder nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly with any other bidder, firm or person to submit a collusive or sham bid in connection with the Contract for which the attached bid has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communications or conference with any other bidder, firm or person to fix the price or prices in the attached bid or of any other bidder, or to fix any overhead, profit or cost element of the bid price or the bid price of any other bidder, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the City of Boynton Beach or any person interested in the proposed Contract; and 5) The price or prices quoted in the attached bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the bidder or any of its agents, representatives, owners, employees, or parties in interest, including this affiant. (Signed)____________________________ _ Subscribed and sworn to before me (Title) ______________________________ This ______ day of ________, 20 _____ My commission expires ______________________________ Page 617 of 940 THIS PAGE TO BE SUBMITTED FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 24 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 office r of the corporation. By: NAME - SIGNATURE Sworn and subscribed before me this day of ,20 Printed Information: NAME TITLE NOTARY PUBLIC, State of Florida at Large COMPANY “OFFICIAL NOTARY SEAL” STAMP Page 618 of 940 THIS PAGE TO BE SUBMITTED FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 25 CONFIRMATION OF MINORITY OWNED BUSINESS A requested form to be made a part of our files for future use and information. Please fill out and indicate in the appropriate spaces provided which category best describes your company. Return this form with your bid proposal sheet making it an official part of your bid response. Is your company a Minority Owned Business? ___________ ____________ Yes No If Yes, please indicate by an “X” in the appropriate box: ( ) AMERICAN INDIAN ( ) ASIAN ( ) BLACK ( ) HISPANIC ( ) WOMEN ( ) OTHER _______________________________________ (specify) ( ) NOT APPLICABLE Do you possess a Certification qualifying your business as a Minority Owned Business? YES _____ NO _____ If YES, Name the Organization from which this certification was obtained and date: _________________________________________________________________ Issuing Organization for Certification ____________________________ Date of Certification Page 619 of 940 THIS PAGE TO BE SUBMITTED FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 26 CONFIRMATION OF DRUG-FREE WORKPLACE Preference shall be given to businesses with drug-free workplace programs. Whenever two or more bids which are equal with respect to price, quality, and service are received by the City of Boynton Beach or by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug -free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug-free workplace program. In order to have a drug-free workplace program, a business shall: 1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2) Inform employees about the dangers of drug abuse in the workplace, the business’s policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3) Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4) In the statement specified in subsection (1), notify the employee that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee’s community by, any employee who is so convicted. 6) Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. ______________________________ Vendor’s Signature Page 620 of 940 THIS PAGE TO BE SUBMITTED FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 27 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 an d performance of this contract, and in furtherance thereof may demand and obtain records and testimony from the Contractor and its subcontractors and lower tier subcontractors. The contractor understands and agrees that in addition to all other remedies and consequences provided by law, the failure of the Contractor or its subcontractors or lower tier subcontractors to fully cooperate with the Inspector General when requested may be deemed by the municipality to be a material breach of this contract justifying its termination. _______________________________ CONTRACTOR NAME By_____________________________ Title: ___________________________ Date: ___________________________ Page 621 of 940 THIS PAGE TO BE SUBMITTED FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 28 CITY OF BOYNTON BEACH LOCAL BUSINESS STATUS CERTIFICATION I, _____________________________, the ______________________________ of (Name of officer of company) (Title of officer of company) _____________________________, located at ____________________________, (Name of Corporation/Company) (Business Address) Certify that I am an authorized representative of the business and, on behalf of the Business, request that it be deemed to be a local business for purposes of the City of Boynton Beach Local Preference Program. Answering yes to Question 1 and Question 2 below will qualify the business as a local business. In support of this request, I certify the following to be true and correct: NAME OF BUSINESS:_________________________________________ 1. Is the business located within the City limits of Boynton Beach, Florida? YES NO Number of Years: ____________ 2. Does the business have a business tax receipt issued in the current year? YES NO Business License Number: _____________ 3. Is the business registered with the Florida Division of Corporations? YES NO 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 Active: Verified by: ____________________________ Date: ______________ Year Established: Page 622 of 940 THIS PAGE TO BE SUBMITTED FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 29 CERTIFICATION PURSUANT TO FLORIDA STATUTE § 287.135 I, _______________________, on behalf of ________________________ certify Print Name and Title Company Name that ______________________________does not: Company Name 1. Participate in a boycott of Israel; and 2. Is not on the Scrutinized Companies that Boycott Israel List; and 3. Is not on the Scrutinized Companies with Activities in Sudan List; and 4. Is not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List; and 5. Has not engaged in business operations in Syria. Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to the Contractor of the City's determination concerning the false certification. The Contractor shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If the Contractor does not demonstrate that the City's determination of false certification was made in error then the City shall have the right to terminate the contract and seek civil remedies pursuant to Florida Statute § 287.135. Section 287.135, Florida Statutes, prohibits the City from: 1) Contracting with companies for goods or services in any amount if at the time of bidding on, submitting a proposal for, or entering into or renewing a contract if the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, F.S. or is engaged in a boycott of Israel; and 2) Contracting with companies, for goods or services over $1,000,000.00 that are on either the Scrutinized Companies with activities in the Iran Petroleum Energy Sector list, created pursuant to s. 215.473, or are engaged in business operations in Syria. As the person authorized to sign on behalf of the Contractor, I hereby certify that the company identified above in the section entitled "Contractor Name" does not participate in any boycott of Israel, is not listed on the Scrutinized Companies that Boycott Israel List, is not listed on either the Scrutinized Companies with activities in the Iran Petroleum Energy Sector List, and is not engaged in business operations in Syria. I understand that pursuant to section 287.135, Florida Statutes, the submission of a false certification may subject the company to civil penalties, Page 623 of 940 THIS PAGE TO BE SUBMITTED FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 30 attorney's fees, and/or costs. I further understand that any contract with the City for goods or services may be terminated at the option of the City if the company is found to have submitted a false certification or has been placed on the Scrutinized Companies with Activities in Sudan list or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List. _____________________________ _________________________ COMPANY NAME SIGNATURE __________________________ _________________________ PRINT NAME TITLE Page 624 of 940 THIS PAGE TO BE SUBMITTED FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 31 EZELL HESTER COMMUNITY CENTER RE-ROOF BID No. 033-2511-19/EM SCHEDULE OF SUB-CONTRACTORS The Undersigned Bidder proposes the following major subcontractors for the major areas of work for the Project. The Bidder i s further notified that all sub- contractors shall be properly licensed, bondable and shall be required to furnish the City with a Certificate of Insurance in accordance with the contract general conditions. This page may be reproduced for listing additional sub-contractors, if required. Name and Address of Sub- Contractor Scope of Work License No.: Contract Amount Percentage (%) of Contract Signature_______________________________________________ Date:_____________ Title/Company___________________________________________ Owner reserves the right to reject any sub-contractor who has previously failed in the proper performance of an award, or failed to deliver on time contracts in a similar nature, or who is not responsible (financial capability, lack of resources, etc.) to perform under this award. Owner reserves the right to inspect all facilities of any sub-contractor in order to make a determination as to the foregoing. Page 625 of 940 THIS PAGE TO BE SUBMITTED FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 32 BIDDER’S SITE INSPECTION CONFIRMATION BID TITLE: EZELL HESTER COMMUNITY CENTER RE-ROOF BID NUMBER: 033-2511-19/EM DATE: __________________________________________ as an authorized representative of: (Print Name and Title of Representative) __________________________________________ (hereinafter called the bidder) located at (Print Name of Company) ______________________________________________________________ confirms that said Company Address Bidder has visited the site of the work and has carefully examined the plans and specifications for such project and checked them in detail before submitting his bid or proposal. SIGNATURE OF COMPANY REPRESENTATIVE NAMED ABOVE DATE OF INSPECTION CITY’S REPRESENTATIVE SIGNATURE FOR MANDATORY ONLY Page 626 of 940 THIS PAGE TO BE SUBMITTED FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 33 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: bi TELEPHONE: SIGNATURE: DATE: WE, the undersigned have declined to bid on your Bid No.: 033-2511-19/EM to “EZELL HESTER COMMUNITY CENTER RE-ROOF” 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: Page 627 of 940 THIS PAGE TO BE SUBMITTED FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE ATTACHMENT “B” Page 628 of 940 Boynton Beach Utilities – New Palm Way & Lake St. Stormwater Improvements PFB- 1 THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED AT AWARD PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: that __________________________________ (Insert name of Contractor) ________________________________________________________ as Principal, (Address or legal title of Contractor) hereinafter called Contractor, and __________________________________________________ (Name and address of Surety) ____________________________________________________________________________ as Surety, hereinafter called Surety, are held and firmly bound unto CITY OF BOYNTON BEACH, P.O. BOX 310, BOYNTON BEACH, FLORIDA 33425-0310 as Obligee, hereinafter called Owner, in the amount of ____________________________________________________ Dollars ($_____________________), for payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement dated ______________________________, 20____, entered into a contract with Owner for ______________________________________________ in accordance with drawings and specifications prepared by _____________________________ which contract is by reference made a part of hereof, and is hereinafter referred to as the Contract. Page 629 of 940 Boynton Beach Utilities – New Palm Way & Lake St. Stormwater Improvements PFB- 2 THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED AT AWARD NOW THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform such Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. The Surety hereby waives notice of any alteration or extension of time made by the Owner. Whenever Contractor shall be, and declared by Owner to be in default under the Contract, the Owner having performed Owner’s obligations thereunder, the Surety may promptly remedy the default, or shall promptly: 1. Complete the Contract in accordance with its terms and conditions, or 2. Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon determination by Surety of the most responsible bidder, or, if the Owner elects, upon determination by the Owner and the Surety jointly of the most responsible bidder, arrange for a contract between such bidder and Owner, and make available as work progresses (even though there should be a default or a succession of defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term “balance of the contract price”, as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the contract and any amendments thereto, less the amount properly paid by Owner to Contractor. Any suit under this bond must be instituted before the expiration of one (1) year from the date on which final payment under the Contract falls due. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein or the heirs, executors, administrators or successors of the Owner. This bond is issued in compliance with Section 255.05, Florida Statutes as may be amended. A claimant, except a laborer, who is not in privity with the Contractor and who has not received payment for its labor, materials, or supplies shall, within 45 days after beginning to furnish labor, materials, or supplies for the prosecution of the work, furnish the Contractor with a notice that he intends to look to the bond for protection. A claimant who is not in privity with the Contractor and who has not received payment for its labor, materials, or supplies shall, within 90 days after performance of the labor or after complete delivery of the materials or supplies, deliver to the Contractor and to the Surety written notice of the performance of the labor or delivery of the materials or supplies and the nonpayment. No action for the labor, materials, or supplies may be instituted against the Contractor or the Surety unless both notices have been given. No action shall be instituted against the Contractor or the Surety on the bond after one (1) year from the performance of the labor or completion of delivery of the materials or supplies. Page 630 of 940 Boynton Beach Utilities – New Palm Way & Lake St. Stormwater Improvements PFB- 3 THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED AT AWARD Signed and sealed this __________ day of ____________________, 2018. _______________________________________ Principal (Seal) ________________________________ Witness _______________________________________ Title _______________________________________ Surety ________________________________ Witness _______________________________________ Attorney-in-Fact END OF PERFORMANCE BOND Page 631 of 940 Boynton Beach Utilities – New Palm Way & Lake St. Stormwater Improvements PYB- 1 THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED AT AWARD PAYMENT BOND THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND IN FAVOR OF THE OWNER CONDITIONED ON THE FULL AND FAITHFUL PERFORMANCE OF THE CONTRACT KNOW ALL MEN BY THESE PRESENTS: that ___________________________________ (Insert name of Contractor) ________________________________________________________ as Principal, (Address or legal title of contractor) hereinafter called Principal, and ___________________________________________________ (Name and address of Surety) ____________________________________________________________________________ as Surety, hereinafter called Surety, are held and firmly bound unto CITY OF BOYNTON BEACH, P.O. BOX 310, BOYNTON BEACH, FLORIDA 33425-0310 as Obligee, hereinafter called Owner, for the use and benefit of claimants as here below defined, in the amount of _______________________________________________________________________ Dollars ($_____________), for payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has by written agreement dated ______________________________, 2018, entered into a contract with Owner for ______________________________________________ __________________________________________________________________ in accordance with drawings and specifications prepared by _____________________________ which contract is by reference made a part of hereof, and is hereinafter referred to as the Contract. NOW THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Principal shall promptly make payment to all claimants as hereinafter defined, for all labor and material used or reasonably required for use in the performance of the Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect, subject, however, to the following Page 632 of 940 Boynton Beach Utilities – New Palm Way & Lake St. Stormwater Improvements PYB- 2 THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED AT AWARD conditions: 1. A claimant is defined as one having a direct contract with the Principal or with a subcontractor of the Principal for labor, material or both, used or reasonably required for use in the performance of the Contract, labor and material being construed to include that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental of equipment directly applicable to the Contract. 2. The above named Principal and Surety hereby jointly and severally agree with the Owner that every claimant as herein defined, who has not been paid in full before the expiration of a period of ninety (90) days after the date on which the last of such claimant’s work or labor was done or performed, or materials were furnished by such claimant, may sue on this bond for the use of such claimant, prosecute the suit to final judgment for such sum or sums as may be justly due claimant, and have execution thereon. The Owner shall not be liable for the payment of any costs or expenses of any such suit. 3. No suit or action shall be commenced hereunder by any claimant: a. Unless claimant, other than one having a direct contract with the Principal, shall have given written notice to any two of the following: the Principal, the Owner, or the Surety above named, within ninety (90) days after such claimant did or performed the last of the work or labor, or furnished the last of the materials for which such claimant is made, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were furnished, or for when the work or labor was done or performed. Such notice shall be served by mailing the same by registered mail or certified mail, postage prepaid, in an envelope addressed to the Principal, Owner or Surety, at any place where an office is regularly maintained for the transaction of business, or served in any manner in which legal process may be served in the State in which the aforesaid project is located, save that such service need not be made by a public officer. b. After the expiration of one (1) year following the date on which Principal ceased work on such Contract, it being understood, however, that if any limitation embodied in this bond is prohibited by any law controlling the construction hereof such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law. c. Other than in a State Court of competent jurisdiction in and for the County or other political subdivision of the State in which the Project, or any part thereof, is situated, or in the United States District Court for the district in which the Project, or any part thereof, is situated, and not elsewhere. 4. The amount of this bond shall be reduced by and to the extent of a payment or payments made in good faith hereunder, inclusive of the payment by Surety of mechanics liens which may be filed of record against such improvements, whether or not claim for the amount of such lien be presented under and against this bond. 5. This bond is issued in compliance with Section 255.05, Florida Statutes, as may be amended. A claimant, except a laborer, who is not in privity with the Contractor and who has not received payment for its labor, materials, or supplies shall, within 45 days after beginning to furnish labor, materials, or supplies for the prosecution of the work, furnish the Page 633 of 940 Boynton Beach Utilities – New Palm Way & Lake St. Stormwater Improvements PYB- 3 THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED AT AWARD Contractor with a notice that he intends to look to the bond for protection. A claimant who is not in privity with the Contractor and who has not received payment for its labor, materials, or supplies shall, within 90 days after performance of the labor or after complete delivery of the materials or supplies, deliver to the Contractor and to the Surety written notice of the performance of the labor or delivery of the materials or supplies and the nonpayment. No action for the labor, materials, or supplies may be instituted against the Contractor or the Surety unless both notices have been given. No action shall be instituted against the Contractor or the Surety on the bond after one (1) year from the performance of the labor or completion of delivery of the materials or supplies. Signed and sealed this __________ day of ____________________, 2018. _______________________________________ Principal (Seal) __________________________________ Witness _______________________________________ Surety __________________________________ Witness _______________________________________ Attorney-in-Fact END OF PAYMENT BOND Page 634 of 940 44 “DRAFT” SUBJECT TO REVISIONS PRIOR TO SIGNING CONTRACT FOR CONSTRUCTION SERVICES THIS CONTRACT, made and entered into this _______ day of ________________, 2019, by and between the CITY OF BOYNTON BEACH, a municipal corporation of Florida, hereinafter called the “City” and _______________________________________________. a Florida Corporation (____) Check One a Florida General Partnership(____) a Florida Limited Partnership (____) a Sole Proprietor (____) hereinafter called “CONTRACTOR”. WITNESSETH that under the due procedure of law, bids were heretofore received by the City Commission of said City for the performance of work and supplying materials, hereinafter described, and said Commission having canvassed said bids, had determined that the bid in the total amount of ______________________submitted by the aforementioned CONTRACTOR was the best and most desirable bid submitted, and has authorized the execution of this contract. NOW, THEREFORE, in consideration of these premises and the mutual conditions and covenants contained herein, the parties agree as follows: 1.0 AGREEMENT 1.1 The CITY does award the contract to and does hire and employ the CONTRACTOR and the CONTRACTOR does accept the award, predicated upon the bid of the CONTRACTOR, dated ___________________________, which is hereby incorporated by reference into this agreement, and the CONTRACTOR does agree to furnish the necessary labor, tools, equipment, materials and supplies, etc., and to perform all the work provided in the bid, contract documents, bond documents, plans and specifications for: Bid Title: EZELL HESTER COMMUNITY CENTER RE-ROOF Bid Number: 033-2511-19/EM the City of Boynton Beach, Florida, all of which are incorporated herein by reference lump sum price as specified in CONTRACTOR’S bid in the amount of: ____________________________________________. Page 635 of 940 45 2.0 SCOPE OF SERVICES 2.1 CONTRACTOR further agrees to furnish all materials, supplies, machines, equipment, tools, superintendents, labor, insurance, and other accessories and services necessary to complete said project in accordance with the conditions and prices as stated in the contract, General Conditions for Construction, and Supplementary Conditions for Construction, plans which include all maps, plats, blueprints, and other drawings and printed or written explanatory matter thereof as contained in the bid, contract documents and specifications for the project. 2.2 All the work and labor performed under this contract shall be performed, and all of the material furnished shall be, in strict conformity with said plans and specifications, and CONTRACTOR accepts and consents to the conditions contained in said plans and specifications and expressly agrees to comply with every requirement and stipulation therein contained to be performed by the party contracting to do said work. 2.3 The CONTRACTOR further agrees to furnish all tools, equipment, materials and supplies and to do all the work above mentioned in a first-class, substantial and workmanlike manner, and in conformity with the detail for said work on file in the office of the City Engineer of the City and strictly in accordance with the specifications, general stipulations and plans which are hereby referred to and made a part of this contract, as well as to the satisfaction of the City Commission and City Engineer of the said City, and in strict obedience with the directions which may be given by the City Manager or his authorized representative, at and for the prices herein plainly set forth. 2.4 Upon receipt of written notification from the CITY, to correct any defective or faulty work or materials which may appear within one (1) year aft er completion of the contract and receipt of final payment. CONTRACTOR shall make the necessary corrections within ten (10) days of receipt of the written notice. 2.5 To comply with the provisions of Section 255.05, Florida Statutes, if applicable. 2.6 To pay promptly, before final settlement, any and all claims or liens incurred in and about this work. Furnish release of liens forms from all subcontractors and suppliers of materials. Forms to be supplied by CITY. 2.7 The CONTRACTOR shall remove and clean up all rubbish, debris, excess material, temporary structures, tools and equipment from streets, alleys, parkways and adjacent property that may have been used or worked on by the CONTRACTOR in connection with the project promptly as such section or portion is completed and ready for use, leaving the same in a neat and presentable condition. Payment of monthly or partial estimates may be withheld until this has been done to the satisfaction of the City Engineer. Final acceptance and payment for the entire project will not be made until the site is satisfactory to the CITY. Page 636 of 940 46 2.8 The CONTRACTOR shall at all times observe and comply with the provisions of the charter, ordinances, codes and regulations of the City of Boynton Beach, Florida. 2.9 Upon completion of the work, the City Engineer shall satisfy himself, by examination and test, that the work has been fully completed in accordance with the plans, specifications and contract documents. When the City Engineer is so satisfied, he shall recommend acceptance thereof to the City Manager, who shall, if he agrees with such recommendation, present the final payment application to City Commission for review and vote to formally accept the project. The right of general supervision of the CITY as hereinafter provided under “authority of the Engineer” shall not make the CONTRACTOR an agent or employee of the CITY, but the CONTRACTOR, shall at all times, and in all respects have the rights and liabilities of an independent contractor. 2.10 After the cleaning up of the work, premises, streets, alleys, or other areas of structure in anyway connected with the performance of the contract, the work as a whole shall be inspected by the City Engineer, and any workmanship or material found not meeting the requirements of the specifications shall be removed by or at the expense of the CONTRACTOR and good and satisfactory workmanship or material substituted therefore. All settlement, defects or damage upon any part of the work shall be remedied and made good by the CONTRACTOR. 2.11 The CONTRACTOR will be held responsible for the care, protection and condition of all work until final completion and acceptance thereof, and will be required to make good at his own cost any damage or injury occurring from any cause. 3.0 CONTRACT TIME 3.1 Contractor must commence work within 10 days after notice to proceed is issued. Substantial Completion shall take place within 30 days after Notice to Proceed is issued. Completion shall take place 30 days after substantial completion. 3.2 Upon failure of Contractor to obtain Substantial Completion within the deadline stated in Paragraph 3.1, plus approved time extensions, Contractor shall pay to City the sum of $1,000 for each calendar day after the deadline for Substantial Completion, plus any approved time extensions, until Substantial Completion is obtained. After Substantial Completion, should Contractor fail to complete the remaining work within the deadline stated in Paragraph 3.1, plus approved time extensions thereof, Contractor shall pay to City the sum of $1,000 for each calendar day after the deadline for Final Completion, plus any approved extensions, until Final Completion is obtained. These amounts are not penalties but are liquidated damages to City for its inability to obtain full beneficial occupancy of the Project. Liquidated damages are hereby fixed and agreed Page 637 of 940 47 upon between the Parties, recognizing the impossibility of precisely ascertaining the amount of damages that will be sustained by City as a consequence of such delay, and both Parties desiring to obviate any question of dispute concerning the amount of said damages and the cost and effect of the failure of Contractor to complete this contract on time. 3.3 The CITY shall have the right to deduct said liquidated damages from any amount due, or that may become due the CONTRACTOR, or to collect such liquidated damages from the CONTRACTOR or his Surety. 3.4 CONTRACTOR shall, as soon as practicable after signature of contract, confirm with City Engineer in writing, the names of subcontractors as originally proposed for principal parts of work, and for such others as City Engineer may direct. Contractor shall not employ and that City Engineer may, within a reasonable time, object to as incompetent or as unfit. 4.0 PROTECTION OF EXISTING FACILITIES 4.1 The CONTRACTOR warrants that prices include the protection and continuous use of all existing sewers, conduits, drains, pipes, buildings, walks, bridges, guard rails and other construction encountered, and the prompt repairing of any damage done to them during the progress of the work, or from insufficient support thereafter; also all the filling, backfilling, tamping, ramming, puddling and consolidating; the removal and disposal of all rubbish and surplus material; also all pumping bailing draining or unwatering of all excavations, incidental to the execution of the work; also the furnishing of all necessary labor, tools, equipment, materials and supplies, etc. and the performance of the whole work mentioned in the detailed plans and specifications necessary to give a finished result, and including all expense incurred in or in consequence of the suspension or discontinuance of the said work specified and a faithful compliance with each and every one of the requirements of the contract and for the maintenance of the entire work and construction in good condition and repair until final acceptance. 4.2 The CONTRACTOR shall assume full responsibility and expense for the protection of all public and private property, structures, water mains, sewers, utilities, etc., both above and below ground, at or near the site or sites of the work being performed under the contract, or which are in any manner affected by the prosecution of the work or the transportation of men and materials in connection therewith. The CONTRACTOR shall give reasonable written notice in advance to the department of the CITY having charge of any property or utilities owned by the CITY and to other owner or owners of public or private property or utilities when they shall be affected by the work to be performed under the contract, and shall make all necessary arrangements with such department, departments, owner or owners for the removal and replacement or protection of such property or utilities. 5.0 INDEMNIFICATION 5.1 The CONTRACTOR shall indemnify and save harmless and defend the CITY, its Page 638 of 940 48 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 CONTRACTOR, its agents, servants, or employees in the performance of services under this Agreement. 5.2 CONTRACTOR shall indemnify and save harmless and defend CITY, its agents, servants and employees from against any kind and all causes, claims, demands, actions, losses, liabilities, settlements, judgments, damages, costs, expenses, and fees (including without limitation reasonable attorney’s and appellate attorney’s fees) of whatsoever kind or nature for damages to persons or property caused in whole or in part by any act, omission, or default of the CITY, its agents, servants or employees arising from this contract or its performance. The CONTRACTOR and the CITY hereby agree and covenant that the CONTRACTOR has incorporated in this original bid, which constitutes the contract sum payable by the CITY to the CONTRACTOR, specific additional consideration sufficient to support this obligation of indemnification provided for in this paragraph. It is the CITY’S and CONTRACTOR’S full intention that this provision shall be enforceable and said provision shall be in compliance with Florida Statute 725.06. 5.3 The execution of this Agreement by the CONTRACTOR shall obligate CONTRACTOR to comply with the foregoing indemnification provision, as well as the insurance provisions which are set forth herein. However, the indemnification provision, and the insurance provision contained in this Contract are not interdependent of each other, each one is separate and distinct from the other. 5.4 The obligation of the CONTRACTOR to indemnify the CITY is not subject to any offset, limitation or defense as a result of any insurance proceeds available to either the CITY or the CONTRACTOR. 6.0 PAYMENT BY CITY 6.1 The CITY agrees to pay the CONTRACTOR in current funds for the performance of the contract, subject to additions and deductions as provided in the specifications. 7.0 CHANGES IN THE WORK 7.1 The CITY, without invalidating the Contract, may order extra work or make changes by altering, adding to or deducting from the work, the Contract sum being adjusted accordingly. All such work shall be executed under the conditions of the original Contract. Any claim for extension of time caused thereby shall be made in writing at the time such change is ordered. 7.2 All change orders and adjustments shall be in writing and approved by the City Manager or City Commission if required, otherwise, no claim for extras will be allowed. 7.3 The General Contractor and all of his subcontractors shall be apprised of, and Page 639 of 940 49 familiar with, the following conditions and procedures governing extra work under the Contract: 7.3.1 Any change order has to be recommended by the City Manager and officially approved by the City Commission before any steps are taken to implement the change order. 7.3.2 Should the CONTRACTOR or any of his subcontractors commence with the work without making a claim in writing for unforeseen extra work he encounters, it will be construed as an acceptance and agreement by him that any such work is required under the contract and no future claim for extras will be considered or allowed by the CITY. 7.3.3 No claim for extra work will be allowed unless and until authority for same by written Change Order has been obtained from the City Manager or the City Commission of Boynton Beach, if necessary, which authorization will be signed by the Mayor. 7.3.4 Changes in the work directed in writing by the CITY’S Representative under the following procedures shall become a part of the Contract by a written Change Order. 7.3.5 Information regarding changes in the work involving claims to the CITY for additional work, credits, and/or adjustments under the contract shall be promptly transmitted in writing by the General CONTRACTOR to the CITY’S Representative with full explanations and justifications for his consideration in preparing a Change Order to the Contract. 7.4 The value of any change ordered under the Contract for extra work and/or any reductions in work required, shall be determined under one or more of the following procedures before a written Change Order is issued: 7.4.1 By such applicable unit prices, if any, as are set forth in the Contract except in those cases where increases in quantities exceed fifteen (15) percent of the original bid quantity and the total dollar change of that bid item is significant in the opinion of the Engineer, the unit price shall be subject to review to determine if a new unit price should be negotiated; or 7.4.2 If no such unit prices are set forth, then by a lump sum or other unit prices mutually agreed upon by the CITY and the CONTRACTOR; or 7.4.3 By cost reimbursement, which is the actual cost for labor, direct overhead, materials, supplies, equipment and other services necessary to complete the work plus fifteen (15) percent to cover the cost of general overhead and profit. For all labor and foreman in direct charge of the authorized operations, the CONTRACTOR shall receive the current local rate of wages to be agreed upon in writing before starting such work, for each hour said labor and foreman are actually engaged thereon. An upper limit of total cost and of profit shall be agreed upon and shall not be Page 640 of 940 50 exceeded unless approved by the CITY. 7.4.3.1 The CONTRACTOR shall submit sufficient cost and pricing data to enable the Engineer to determine the necessity and reasonableness of costs and amounts proposed and the allowability and eligibility of costs proposed. 7.4.3.2 The CONTRACTOR shall have an accounting system which accounts for such costs in accordance with generally accepted accounting principles. This system shall provide for the identification, accumulation and segregation of allowable and unallowable Change Order costs. 7.4.3.3 Where it is indicated that the Contract is federally or State assisted, the CONTRACTOR’S attention is directed to the applicable rules and regulations relative to cost principles which must be used for the determination and allowability of costs under grant. 7.4.3.4 In no case shall fringe benefit costs on direct labor costs exceed forty (40) percent of direct labor costs. 7.4.3.5 In no case shall the CONTRACTOR and Subcontractors’ general overhead and profit in the aggregate exceed fifteen (15) percent of the total cost of direct labor, fringe benefits, direct overhead, materials, supplies, equipment and directly related services supplied by him. Among the items considered as general overhead are bonds, insurance, incidental job burdens, supervision and general office expenses. 7.4.3.6 In no case shall the CONTRACTOR’S cost for administering subcontracts exceed five (5) percent of the subcontractors’ cost not including subcontractors’ profit. 7.4.3.7 For special equipment and machinery such as power driven pumps, concrete mixers, trucks, and tractors, or other equipment, required for the economical performance of the authorized work, the CONTRACTOR shall receive payment based on the agreed rental price for each item of equipment and the actual time of its use on the work provided that the rental price shall not exceed the current rates published by the Equipment Guide Book Company in the Blue Book, “Rental Rates for Construction Equipment”. Rate shall be daily, weekly or monthly as appropriate. 7.4.3.8 Records of extra work done shall be reviewed at the end of each day by the CONTRACTOR and the Engineer. Such daily records shall clearly distinguish between the work done under the contract and that done under the Change Order. Duplicate copies of the accepted daily records shall be made, signed by the Page 641 of 940 51 CONTRACTOR and the Engineer and one copy retained by each. 7.5 Claim of payment for extra work shall be submitted by the CONTRACTOR upon certified statement supported by receipted bills. Such statements shall be submitted for the current contract payment for the month in which the work was done. No claim for extra work shall be allowed unless that same was ordered, in writing, as aforesaid and the claim presented at the time of the first estimate after the work is completed. 7.6 No Field Change Directive or Change Order shall be authorized by the Project Manager if the Contractor has added language to the Field Change Directive or Change Order or to any cover letter, e-mail, facsimile, or other written document which accompanies the Field Change Directive or Change Order in which the contractor attempts to reserve any future right or claim arising out of the work which is the subject of the Field Change Directive or Change Order. 8.0 INSURANCE 8.1 The CONTRACTOR shall maintain during the term of this contract commercial liability, motor vehicle, and property damage insurance, acceptable to the CITY, covering the work contracted and all operations connected herewith, and whenever any of the work in the contract is to be sublet, CONTRACTOR’S contingent or protective liability and property damage insurance. Such insurance shall provide limits not less than those set forth on the insurance requirement schedule included in the bid documents and naming the City of Boynton Beach as an “Additional Insured” with respect to General Liability. 8.2 Required insurance shall be documented in a certificate of insurance which provides that the CITY of Boynton Beach shall be notified at least fifteen (15) days in advance of cancellation, nonrenewal or adverse change. Contractor agrees to furnish policies if Certificate of Insurance is not acceptable. 8.3 The CONTRACTOR shall take all necessary precautions to prevent the generation of loud, unnecessary noise in conjunction with his operations at the work site. Internal combustion engines used with construction equipment shall be equipped with mufflers, as required by the Code of the City of Boynton Beach, and the CONTRACTOR shall comply with all requirements of this Code as they pertain to prevention of noise. No pile driver, excavating or other construction equipment, pneumatic hammer, derrick, the use of which is attend by loud or unusual noise, shall be operated between the hours of 6:00 P.M. and 7:00 A.M., except by written permission of the City Manager, and then only in case of emergency. 9.0 GUARANTEE AND WARRANTIES 9.1 All the work shall be guaranteed to remain in good condition for one year from date of acceptance. Page 642 of 940 52 10.0 TERMINATION OF CONTRACT 10.1 If the work to be performed under the contract is assigned by the CONTRACTOR other than provided for herein; if the CONTRACTOR should be adjudged as bankrupt; if a general assignment of his assets be made for the benefit of his creditors; if a receiver should be appointed for the CONTRACTOR or any of his property; if at any time the Engineer shall certify in writing to the City Manager that the performance of the work under the contract is being unnecessarily delayed or that the CONTRACTOR is willfully violating any of the conditions, provisions, or covenants of the contract, plans or specifications, or that he is executing the same in bad faith or otherwise not in accordance with the terms of the contract; if the work be not fully completed within the time named for its completion or within the time to which such completion date may be extended; or if other just causes exist, the City Manager may serve ten (10) days’ written notice upon the CONTRACTOR of the intent to terminate the contract for the CITY and if the CONTRACTOR shall not, prior to the effective date of termination set forth in such notice, take such measures as will, in the judgment of the City Manager, ensure the satisfactory performance of the work, the City Commission and the City Manager may declare the contract terminated on the effective date specified in such notice, or any date subsequent thereto. In the event of such termination, the City Manager shall notify the CONTRACTOR and Surety and the CONTRACTOR shall immediately respect such notice and stop work and cease to have any right to the possession of the ground and shall forfeit his contract. Upon such termination, the City Manager shall provide the Surety with written notice of the CITY’S action and the Surety shall within ten (10) days of receipt of said notice remedy the default or the Surety shall as expeditiously as possible: 10.1.1 Complete the contract in accordance with its terms and conditions, or 10.1.2 Obtain a bid or bids for completing the contract in accordance with its terms and conditions, and upon determination by Surety and the CITY of the lowest responsible bidder, make available as work progresses (even though there should be a default or a succession of defaults under the contract or contracts or completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price; but not exceeding, including other costs and damages for which the Surety may liable hereunder, the amount set forth in the first paragraph hereof. The term “balance of the contract price”, as used in this paragraph, shall mean the total amount payable by CITY to CONTRACTOR under the contract and any amendments thereto, less the amount properly paid by CITY to CONTRACTOR. 11.0 CONTRACT CONTROLS 11.1 The subject contract between the CITY and the CONTRACTOR shall supersede any and all documents executed between the parties relative to the project. In the event of any inconsistencies, the terms, provisions and conditions set forth in the subject contract shall supersede all other documents and shall be controlling. Page 643 of 940 53 12.0 TIME OF ESSENCE 12.1 Inasmuch as the provisions hereof, and of the plans and specifications herein, and of all the other contract documents relating to the times of performance and completion of the work are for the purpose of enabling the CITY to complete the construction of a public improvement in accordance with a predetermined program, all such time limits are of the essence of the contract. 13.0 REMEDY FOR DELAY 13.1 In the event of any delay in the project caused by any act or omission of the CITY, its agents or employees, by the act or omission of any other party, or delay caused by weather conditions or unavailability of materials, the sole remedy available to CONTRACTOR shall be by extension of the time allocated to complete the project. No monetary damages shall be claimed or awarded to CONTRACTOR in association with any delay in the project caused by an act or omission of the CITY, its agents or employees. 13.2 Failure on the part of CONTRACTOR to timely process a request for an extension of time to complete the work shall constitute a waiver by CONTRACTOR and CONTRACTOR shall be held responsible for completing the work within the time allocated by this contract. 13.3 All requests for extension of time to complete the work shall be made in accordance with the General Conditions for Construction. 13.4 For the purpose of this section the phrase “the CITY, its agents and employees” shall include but shall not be limited to the Engineer, project manager and consulting Engineers. REMAINDER OF THE PAGE LEFT BLANK INTENTIONALLY. Page 644 of 940 54 IN WITNESS WHEREOF, the CITY has caused these presents to be signed by its City Manager, attested by the City Clerk with the Corporate Seal of the said CITY and the CONTRACTOR has executed these presence the day and year herein before written. DATED this _____ day of ________________________________________, 2018. CITY OF BOYNTON BEACH _________________________________ Lori LaVerriere, City Manager Approved as to Form: ________________________________ James A. Cherof, City Attorney Attest/Authenticated: _________________________________ Judy Pyle, City Clerk CONTRACTOR: By: _____________________________________ ________________________________________ (Print Name and Title) STATE OF FLORIDA COUNTY OF __________________ Page 645 of 940 55 BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgements personally appeared________________________, and acknowledged He/She executed the foregoing Addendum to Agreement for the use and purposes mentioned in it, and that the instrument is His/Her act and deed. IN WITNESS OF THE FOREGOING, I have set my hand and official seal in the State and County aforesaid on this _______day of ______________2018. _________________________________________ NOTARY PUBLIC My Commission Expires: Page 646 of 940 57 WARRANTY The undersigned, _____________________________________________________, hereby agrees for a period of one (1) year from the date hereof, to repair any defect or damages resulting from the work conveyed to the City of Boynton Beach (the “City”), pursuant to that certain Bill of Sale or Plans dated ______________ which is result of a defect in the materials or workmanship. The undersigned, upon notice of such defect, shall make the foregoing repairs as soon as reasonably po ssible or, if such repairs have already been made by the City, the undersigned, upon receipt of evidence of the costs reasonably incurred by the City in the making of such repairs, shall forthwith refund same to the City. Anything herein to the contrary no twithstanding, the City shall have the sole obligation to perform all maintenance required. Accordingly, the undersigned shall have no liability hereunder in the event that the repairs result from the failure of the City to properly maintain same or misuse or abuse (except, however, nothing contained herein shall be construed to release the undersigned from liability for damage or defect caused by acts of the undersigned or its employees or agents in connection with the completion by the undersigned of the project). Date: _____________________________ By: ________________________________ President ________________________________ Name of Company (CORPORATE SEAL) Page 647 of 940 58 STATE OF FLORIDA ) SS: COUNTY OF _____________) I, HEREBY CERTIFY that on this day, before me, an officer duly authorized to take acknowledgements, personally appeared ________________________________, Florida Corporation and general partner of ____________________________________. A Florida limited partnership, to me known to be person described in and who executed the foregoing instrument and he acknowledged before me that he executed the same for the uses and purposes therein expressed. __________________________________ Notary Public, State of Florida My Commission Expires: Page 648 of 940 59 WARRANTY OF TITLE To be executed with each and every payment or draw request STATE OF FLORIDA COUNTY OF___________________ __________________________________, being first duly sworn, deposes and says as follows: He is ____________________ of _____________________________________________, (Title) (Name of Corporation or Firm) a ______________________ corporation which is named in Construction Contract dated the _______ day of _______________________, 20___, between said corporation as the CONTRACTOR and the City of Boynton Beach, Florida as the OWNER, for the construction of _________________________________________________ and Affiant is authorized to make this Affidavit as, or on behalf of, the Contractor as named above. Title to all work, materials and equipment covered by the attached Periodical Estimate for Payment dated __________________, passes to the Owner at the time of payment free and clear of all liens, and all laborers, material men and subcontractors have been paid for performing or furnishing the work, labor or materials upon said Contract work covered by the aforesaid Periodical Estimate for Payment. This statement under oath is given in compliance with Section 713.06 Florida Statutes. ____________________________________ Affiant Sworn to and subscribed before me this ________ day of _____________________, 20____. ________________________________________ Notary Public, State of Florida at Large My Commission expires: (SEAL) Page 649 of 940 60 FINAL ESTIMATE RECONCILIATION AGREEMENT This Final Estimate Reconciliation Agreement covering the period from _________________, to _________________, supersedes any and all previous correspondence or verbal agreement regarding deletions or additions to the scope of work in the performance of the contract dated ______________ for construction of ___________________________ and all appurtenant work thereto in the City of Boynton Beach, Palm Beach County, Florida. It is hereby agreed and understood that all quantities and prices shown on the attached Final Estimate No. ____ are correct and the amount of $_____________ constitutes final payment, including retainage, and Change Order No. ___________ for all materials furnished and work performed by _______________________________, Contractor, and all other contractors, in the construction and completion of the above project, all which were to be performed in strict accordance with the terms of the original contract. It is further agreed and understood that the one-year warranty period of workmanship and materials furnished shall commence on final completion and acceptance by the Owner, City of Boynton Beach, as outlined in Paragraph 11.1 of the original agreement. By:_____________________________________ RECOMMENDED FOR APPROVAL: By: ____________________________ ACCEPTED:_____________________________ By:_____________________________________ Date:___________________________________ Page 650 of 940 61 State of Florida ) ) ss: County of Palm Beach ) On this ______ day of _______________, 20___, personally appeared before me duly authorized to administer oaths ______________________________________________ to me known to be the persons described herein and who executed the foregoing instrument and have acknowledged before me and they have executed same. _____________________________________________________ Notary Public My Commission Expires: ________________________________ Page 651 of 940 1 The City of Boynton Beach ADDENDUM No. 1 DATE: June 28, 2019 BID No. 033-2511-19/EM - “EZELL HESTER COMMUNITY CENTER RE-ROOF” This addendum to the drawings, specifications, and/or contract documents is issued to provide additional information and clarification to the original Bid specifications and proposal form and is hereby declared a part of the original drawings, specifications and/or contract documents. In case of a conflict, this Addendum No. 1 shall govern. Words in strikethrough type are deletions from existing text. Words in bold, underlined type are additions to existing text. Due date remains the same: July 19, 2019 @10:00am. 1. Question: Is there a Bid Bond required for this solicitation? Answer: No. please see below. POWER OF ATTORNEY: Attorneys-in-fact who sign Bid Bonds or Contract Bonds shall file with each bond an original, certified and dated copy of their power of attorney. 2. Question: In regards to the Re-roof Ezzel Hester Community Center, is it mandatory to be a minority business enterprise to participate or not? Answer: No. ADDITIONS TO SCOPE OF WORK AND TECHNICAL REQUIREMENTS BELOW 1. The contractor shall provide (2) sets of product approvals for the roofing system proposed. Per BBA 107.2.1, 107.2.1.2. 2. The contractor shall provide a currently approved N.O.A. for the chosen system and any design limitation requirements based on the chosen system MDP, maximum design pressures for the corner and perimeter zones specifically based on the Required. 3. There are 105 pages in the N.O.A. and the chosen system SC-178 has a MDP -37.5* Finance/Procurement Services 3301 Quantum Blvd., Suite 101 Boynton Beach, Florida 33426 Telephone: (561) 742-6310 FAX: (561) 742-6316 Page 652 of 940 2 Sincerely, Tim W. Howard Assistant City Manager - Administration cc: Finance/Procurement REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Page 653 of 940 THIS PAGE TO BE SUBMITTED FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 3 The City of Boynton Beach ACKNOWLEDGEMENT OF ADDENDUM No. 1 EZELL HESTER COMMUNITY CENTER RE-ROOF BID NO.: 033-2511- 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. PRINT NAME OF REPRESENTATIVE SIGNATURE OF REPRESENTATIVE NAME OF COMPANY DATE Finance/Procurement Services 3301 Quantum Blvd., Suite 101 Boynton Beach, Florida 33426 Telephone: (561) 742-6310 FAX: (561) 742-6316 Page 654 of 940 1 The City of Boynton Beach ADDENDUM No. 2 DATE: July 11, 2019 BID No. 033-2511-19/EM - “EZELL HESTER COMMUNITY CENTER RE-ROOF” This addendum to the drawings, specifications, and/or contract documents is issued to provide additional information and clarification to the original Bid specifications and proposal form and is hereby declared a part of the original drawings, specifications and/or contract documents. In case of a conflict, this Addendum No. 1 shall govern. Words in strikethrough type are deletions from existing text. Words in bold, underlined type are additions to existing text. Due date remains the same: July 19, 2019 @10:00am. ADDITIONS TO SCOPE OF WORK AND TECHNICAL REQUIREMENTS BELOW 1. Any mention of “Florida product approval No. FL5680.1 – system SC-178” should be “Florida product approval No. FL5680.1 – R-24” 2. Sheet 3, note 19. “EXISTING ROOF DRAINS ARE TO BE REPLACED AND RE- FLASH AS REQUIRED TO ACCOMMODATE NEW ROOFING SYSTEM (TYP)”, refer to sheet 10 (attached to email), “* GYM LEVEL ROOF DRAINS TO BE REMOVED AND REATTCHED”, ALL OTHERS ARE TO BE REPLACE FROM THE ROOF DRAIN VERTICAL PIPING TO THE ROOF DRAIN STRAINER. 3. Sheet 4, 14. “EXISTING ROOF DRAINS ARE TO BE RE-USED. RECONFIGURE AND RE-FLASH AS REQUIRED TO ACCOMMODATE NEW ROOFING SYSTEM (TYP).” , refer to sheet 10 (attached to email). 4. Sheet 6, 2.2.C.1, 2, 3, testing needs to be completed and turned into the building department and project manager, prior to an issue of completion. 5. Any mention of roof drains, the contractor is to refer to sheet 10. 6. Any mention of “Florida product approval No. FL5680.1 – system SC-178” should be “Florida product approval No. FL5680.1 – R-24” 7. Sheet 3, note 19. “EXISTING ROOF DRAINS ARE TO BE REPLACED AND RE- FLASH AS REQUIRED TO ACCOMMODATE NEW ROOFING SYSTEM (TYP)”, refer to sheet 10 (attached to email), “* GYM LEVEL ROOF DRAINS TO BE REMOVED AND REATTCHED”, ALL OTHERS ARE TO BE REPLACE FROM THE ROOF DRAIN VERTICAL PIPING TO THE ROOF DRAIN STRAINER. 8. Sheet 4, 14. “EXISTING ROOF DRAINS ARE TO BE RE-USED. RECONFIGURE AND RE-FLASH AS REQUIRED TO ACCOMMODATE NEW ROOFING SYSTEM Finance/Procurement Services 3301 Quantum Blvd., Suite 101 Boynton Beach, Florida 33426 Telephone: (561) 742-6310 FAX: (561) 742-6316 Page 655 of 940 2 (TYP).” , refer to sheet 10 (attached to email). 9. Sheet 6, 2.2.C.1, 2, 3, testing needs to be completed and submitted to the building department and project manager, prior to an issue of completion. 10. Any mention of roof drains, the contractor is to refer to sheet 10. 11. Any mention of “Florida product approval No. FL5680.1 – system SC-178” should be “Florida product approval No. FL5680.1 – R-24” 12. Sheet 3, note 19. “EXISTING ROOF DRAINS ARE TO BE REPLACED AND RE- FLASH AS REQUIRED TO ACCOMMODATE NEW ROOFING SYSTEM (TYP)”, refer to sheet 10 (attached to email), “* GYM LEVEL ROOF DRAINS TO BE REMOVED AND REATTCHED”, ALL OTHERS ARE TO BE REPLACE FROM THE ROOF DRAIN VERTICAL PIPING TO THE ROOF DRAIN STRAINER. Sincerely, Tim W. Howard Assistant City Manager - Administration cc: Finance/Procurement REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Page 656 of 940 THIS PAGE TO BE SUBMITTED FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 3 The City of Boynton Beach ACKNOWLEDGEMENT OF ADDENDUM No. 2 EZELL HESTER COMMUNITY CENTER RE-ROOF BID NO.: 033-2511- 19/EM RESPONDENT MUST SIGN, DATE AND INCLUDE THIS “ACKNOWLEDGEMENT OF ADDENDUM NO. 2 WITH BID PACKAGE IN ORDER FOR SUBMITTAL TO BE CONSIDERED COMPLETE AND ACCEPTABLE. PRINT NAME OF REPRESENTATIVE SIGNATURE OF REPRESENTATIVE NAME OF COMPANY DATE Finance/Procurement Services 3301 Quantum Blvd., Suite 101 Boynton Beach, Florida 33426 Telephone: (561) 742-6310 FAX: (561) 742-6316 Page 657 of 940 Page 658 of 940 Page 659 of 940 "Offers from the vendors listed herein are the only offers BID DUE DATE: July 19, 2019 received timely as of the above receiving date and time. BID DUE TIME: 10:00 A.M.All other offers submitted in response to this solicitation, BID No.: 033-2511-19/EM if any, are hereby rejected as late" VENDORS Business Name: Advanced Roofing, Inc. Business Name: Roofing Concepts Unlimited Florida, LLC. Business Name: Therma Seal Roof System, LLC. Business Name: T & G Constructors Address: 1950 NW 22nd St.Address: 11820 NW 41st St.Address: 1421 Oglethorpe Rd.Address: 8348 NW 56th St. Ft. Lauderdale, FL, 33311 Coral Springs, FL 33065 West Palm Beach, FL 3345 Doral, FL 33166 Tel: 954-522-6868 Tel: 954-786-9350 Tel: 561-223-2096 Tel: 305-592-0552 Email: codys@advancedroofing.com Email: MichaelJ@rcu-inc.com Email: Estimates@thermasealroofs.com Email: rhuckestein@t-and-g.com NOTES:DID NOT SUBMIT ADDENDUM Opened and tabulated by: Eric Marmer, 7/19/2019 Witnessed by: Randy Wood, 7/19/2019 392,810.00$ 795,000.00$ 643,760.00$ EZELL HESTER COMMUNITY CENTER RE-ROOF ITEM 1: Re-roofing of Ezell Hester Community Center Grand Total Bid Price 595,213.00$ Page 660 of 940 America’s Gateway to the Gulfstream The City of Boynton Beach_________________ NOTICE OF INTENT TO AWARD SOLICITATION NO. BID NO. 033-2511-19/EM SOLICITATION TITLE: EZELL HESTER COMMUNITY CENTER RE-ROOF DATE OF NOTICE: September 26, 2019 It is the intent of the City to recommend for award to City Commission the lowest most responsible and responsive bidder who the City has deemed to be T & G Constructors. This Notice is conditioned upon and subject to the City of Boynton Beach’s reservation of rights as contained in the BID 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: Eric Marmer ________________________________ Eric Marmer, MPA Buyer PROCUREMENT SERVICES 3301 QUANTUM BLVD, SUITE 101 Boynton Beach, Florida 33426 561-742-6318 Fax: (561) 742-6316 Page 661 of 940 6.C. C ONS E NT B I D S A ND P URC HA S E S OV E R $100,000 10/15/2019 CIT Y OF BOY NTON BEACH AG ENDA I TEM REQUEST F ORM C O MMIS S IO N ME E T IN G D ATE: 10/15/2019 R E Q U E S TE D AC T IO N B Y C O MMIS S IO N: P R O P O S E D R E S O L U T IO N N O. 19-114 - Authorize the City Manager to sign a contract with I ntercounty Engineering, I nc. for the Storage Tanks Pressure Sustaining Valve Replacement project, Bid No. 036-2821-19/TP in the amount of $155,147 plus a 10% contingency of $15,514.70, if needed for staff approval of change orders for unforeseen conditions, for a total expenditure of $170,661.70 E X P LAN ATIO N O F R E Q U E S T: On August 29, 2109, bids were received for the 1 Million Gallon and 3 Million Gallon Storage Tanks Pressure Sustaining Valve Replacement project, Bid No. 036-2821-19/TP. Three (3) bids were received that ranged from $155,147.00 to $283,025.00. Utilities staff completed the engineering design for the project and reviewed the bids. I nterc ounty Engineering, I nc . is the lowest most responsive, responsible and qualified bidder. Staff recommends award of the contract to I ntercounty Engineering, I nc. H O W W IL L T H IS AFF E C T C IT Y P R O G R AMS O R S E RV IC E S? Utilities maintains and operates the 1 Million Gallon ground storage tank on Woolbright Road west of Congress Avenue and the 3 Million Gallon ground storage tank on Miner Road near Lawrence Road. The storage tanks provide a buffer to the water distribution system during peak times of day when there is an increased demand for water, such as in the morning and evening when more residents are at home using water. The water stored in the tanks is released during these peak times to maintain steady pressure and volume in the distribution system. The pressure sustaining valves at each ground storage tank have reached the end of their useful life and are in need of replacement. Replacement of the valves will provide ongoing efficient operation of the storage tanks and enable Utilities to continue to provide a high level of service to our residents and businesses. FIS C AL IMPAC T: Budgeted Funds for this expenditure are available in the Utilities C I P budget. ALT E R N ATIV E S: Not approve the construction contract at this time. S TR ATE G IC P LAN: S TR ATE G IC P LAN AP P LIC AT IO N: C L IMAT E AC T IO N: C L IMAT E AC T IO N D IS C U S S IO N: Is this a grant? Page 662 of 940 Grant Amount: AT TAC H ME N TS: Type Description Resolution Resolution approving Contract with I ntercounty Engineering Attachment Draft Construction Contract Attachment Bid Tabulation Attachment I ntercounty Bid Proposal Page 663 of 940 C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\936545B9-2CF3-49FD-8DCF-813CF864A329\Boynton Beach.18631.1.Contract_with_Intercounty_Engineering_(Storage_Tank_Valve_replacement)_-_Reso.docx - 1 - RESOLUTION NO. R19- 1 2 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 3 FLORIDA, AUTHORIZE THE CITY MANAGER TO SIGN A 4 CONTRACT WITH INTERCOUNTY ENGINEERING, INC. 5 FOR THE STORAGE TANKS PRESSURE SUSTAINING 6 VALVE REPLACEMENT PROJECT, BID NO. 036-2821-7 19/TP IN THE AMOUNT OF $155,147 PLUS A 10% 8 CONTINGENCY OF $15,514.70, IF NEEDED FOR STAFF 9 APPROVAL OF CHANGE ORDERS FOR UNFORESEEN 10 CONDITIONS, FOR A TOTAL EXPENDITURE OF 11 $170,661.70; AND PROVIDING AN EFFECTIVE DATE. 12 13 WHEREAS, on August 29, 2109, three (3) bids were received that ranged from 14 $155,147.00 to $283,025.00 for the 1 Million Gallon and 3 Million Gallon Storage Tanks Pressure 15 Sustaining Valve Replacement project, Bid No. 036-2821-19/TP; and 16 WHEREAS, Utilities staff completed the engineering design for the project, 17 reviewed the bids and determined that Intercounty Engineering, Inc. is the lowest most 18 responsive, responsible and qualified bidder and therefore, recommends the award of the 19 contract to Intercounty Engineering, Inc.; and 20 WHEREAS, the City Commission of the City of Boynton Beach upon recommendation 21 of staff, deems it to be in the best interest of the citizens of the City of Boynton Beach to approve 22 and authorize the City Manager to sign a contract with Intercounty Engineering, Inc. for the 23 Storage Tanks Pressure Sustaining Valve Replacement project, Bid No. 036-2821-19/TP in the 24 amount of $155,147 plus a 10% contingency of $15,514.70, if needed for staff approval of 25 change orders for unforeseen conditions, for a total expenditure of $170,661.70. 26 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 27 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 28 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 29 being true and correct and are hereby made a specific part of this Resolution upon adoption. 30 Page 664 of 940 C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\936545B9-2CF3-49FD-8DCF-813CF864A329\Boynton Beach.18631.1.Contract_with_Intercounty_Engineering_(Storage_Tank_Valve_replacement)_-_Reso.docx - 2 - 31 Section 2. The City Commission of the City of Boynton Beach, Florida, hereby 32 approves and authorizes the City Manager to sign a contract with Intercounty Engineering, Inc. 33 for the Storage Tanks Pressure Sustaining Valve Replacement project, Bid No. 036-2821-19/TP 34 in the amount of $155,147 plus a 10% contingency of $15,514.70, if needed for staff approval 35 of change orders for unforeseen conditions, for a total expenditure of $170,661.70, a copy of 36 which is attached hereto as Exhibit “A”. 37 Section 3. That this Resolution shall become effective immediately. 38 PASSED AND ADOPTED this _____ day of October, 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 Crystal Gibson, MMC 59 City Clerk 60 61 62 (Corporate Seal) 63 Page 665 of 940 Boynton Beach Utilities – 1M & 3M Storage Tanks Pressure Sustaining Valve Replacement C-1 Revised 06/2019 CONSTRUCTION CONTRACT 1 MILLION AND 3 MILLION STORAGE TANKS PRESSURE SUSTAINING VALVE REPLACEMENT THIS AGREEMENT is entered into between the CITY OF BOYNTON BEACH, a municipal corporation, hereinafter referred to as “CITY”, and Intercounty Engineering, Inc., a corporation_X_ partnership______ sole proprietor______ authorized to do business in the State of Florida, hereinafter referred to as the “CONTRACTOR”. WHEREAS, the CITY has awarded to the CONTRACTOR the work of performing certain construction services. WHEREAS, at its meeting of October 15, 2019, by Resolution No.:________, the CITY Commission authorized the proper CITY officials to execute this Contract hereinafter referred to as Contract No.: 036-2821-19/TP, and; NOW, THEREFORE, CITY and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. SCOPE OF WORK. CONTRACTOR shall furnish all plant, labor, materials, and equipment and perform all the necessary WORK in the manner and form provided in the Contract Documents entitled: 1 MILLION AND 3 MILLION STORAGE TANKS PRESSURE SUSTAINING VALVE, Invitation to Bid #036-2821-19/TP. Article 2. CONSULTANT. City of Boynton Beach, hereinafter referred to as the (“CONSULTANT”), has designed the Project and will assume all duties and responsibilities and will have the rights and authority assigned to CONSULTANT in connection with completion of the WORK in accordance with the Contract Documents. Article 3. CONTRACT TIME; LIQUIDATED D AMAGES. 3.1 The WORK will be substantially completed within 90 calendar days from the date when the Contract Time commences to run as provided in paragraph 2.3 of the General Conditions, and completed and ready for final payment in accordance with paragraph 14.9 of the General Conditions within 30 calendar days from the date of Substantial Completion. 3.2 Liquidated Damages. The CITY and CONTRACTOR recognize and acknowledge that time is of the essence of this Contract and that the CITY will suffer financial loss if the WORK is not completed within the times specified in paragraph 3.1 above, plus any extens ions thereof allowed in accordance with Article 12 of the General Conditions. Each of the parties acknowledges that it has attempted to quantify the damages which would be suffered by the CITY in the event of the failure of CONTRACTOR to perform in a timel y manner, but neither one has been capable of ascertaining such damages with a certainty. CITY and CONTRACTOR also recognize and acknowledge the delays, expense and difficulties involved in proving in a legal preceding the actual loss suffered by the CITY if the WORK is not completed on time. Accordingly, instead of requiring any such proof, the CITY and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay the CITY, Seven Hundred Fifty Dollars and Zero Cents, ($750.00) for each day that expires after the Page 666 of 940 Boynton Beach Utilities – 1M & 3M Storage Tanks Pressure Sustaining Valve Replacement C-2 Revised 06/2019 time specified in paragraphs 3.1 for substantial completion until the WORK is substantially complete. After Substantial Completion, if CONTRACTOR shall neglect, refuse or fail to complete the remaining WORK within the Contract Time or any proper extension thereof granted by the CITY, CONTRACTOR shall pay CIT Y One Hundred Eighty Seven Dollars and Fifty Cents, ($187.50) for each day that expires after the time specified in paragraph 3.1 for completion and readiness for final payment. Article 4. CONTRACT PRICE. CITY shall pay CONTRACTOR, for faithful performance of the Contract, in lawful money of the United States of America, and subject to the additions and deductions as provided in the Contract Documents, a total sum as follows: Based on the Contract prices shown in the Bid Form submitted to the CITY as subsequently revised and as stated herein, a copy of such Bid Form being a part of the Contract Documents, the aggregate amount of this Contract (obtained from either the lump sum price, the application of unit prices to the quantities shown in the Bid Form or the combination of both) not to exceed: One Hundred Fifty-Five Thousand One Hundred Fourty-Eight Dollars and Zero Cents (Written) $155,148.00 (Numerical) Article 5. PAYMENT PROCEDURES. CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. CITY will process Applications for Payment as provided in the General Conditions. 5.1 Progress Payments. CONTRACTOR may submit an Application for Payment as recommended by CONSULTANT, for WORK completed during the Project at intervals of not more than once a month. All progress payments will be on the basis of the progress of WORK measured by the schedule of values established in Paragraph 2.9.1 of the General Conditions and in the case of Unit Price Work based on the number of units completed or, in the event there is no schedule of values, as provided in the General Requirements. 5.2 Prior to Substantial Completion progress payments will be made in an amount equal to 90% of WORK completed, but, in each case, less the aggregate of payments previously made and less such amounts as CONSULTANT shall determine, or CITY may withhold, in accordance with paragraph 14.5 of the General Conditions. 5.3 CONTRACTOR shall submit with each Application for Payment, and updated progress schedule acceptable to the CITY and a Warranty of Title/release of liens relative to the Work that is the subject of the Application. Each Application for Payment shall be submitted to the CITY for approval. The CITY shall make payment to the CONTRACTOR within thirty (30) days after approval by the CITY of CONTRACTOR’S Application for Payment and submission of an acceptable updated progress schedule. 5.4 Ten percent (10) of all monies earned by the CONTRACTOR shall be retained by CITY until fifty (50) percent completion of the construction services purchased (defined as that point at which fifty (50) percent of the construction of the work as defined in the Co ntract Schedule of Values has been performed under the contract by the CONTRACTOR) has been reached. 5.5 After fifty (50) percent completion of the construction work purchased under the Contract has been reached, five (5) percent of all monies earned by the CONTRACTOR shall be Page 667 of 940 Boynton Beach Utilities – 1M & 3M Storage Tanks Pressure Sustaining Valve Replacement C-3 Revised 06/2019 retained by the CITY until Final Completion and acceptance by CITY. 5.6 The CITY may withhold, in whole or in part, payment to such extent as may be necessary to protect itself from loss on account of: a. Defective Work not remedied. b. Claims filed or reasonable evidence indicating probable filing of claims by other parties against CONTRACTOR. c. Failure of CONTRACTOR to make payments properly to SUBCONTRACTORS or for material or labor. d. Damage to another CONTRACTOR not remedied. e. Liquidated damages and costs incurred by the CITY for extended construction administration. When the above grounds are removed or resolved or CONTRACTOR provides a surety bond or consent of Surety, satisfactory to the CITY, which will protect the CITY in the amount withheld, payment may be made in whole or in part. 5.7 Final Payment. Upon final completion and acceptance of the WORK in accordance with paragraph 14.10 of the General Conditions, CITY shall pay the remainder of the Contract Price as recommended by CONSULTANT as provided in paragraph 14.10. Article 6. CONTRACTOR GUARANTEE. CONTRACTOR warrants all work, materials and equipment shall be free from damages and/or defects owing to faulty materials or workmanship for a period of one (1) year after completion of the WORK covered by this Contract. The CONTRACTOR, free of all costs to the CITY, shall replace any part of the equipment, materials, or work included in this Contract, which proves to be defective by reason of faulty materials, damages, and/or workmanship within twelve (12) month period. Article 7. CONTRACT DOCUMENTS. The Documents hereinafter listed shall form the Contract and they are as fully a part of the Contract as if attached hereto: 7.1 Invitation to Bid 7.2 Instructions to Bidders 7.3 Bid Forms (including the Bid, Bid Schedule(s), Information Required of Bidder, Approved Bid Bond, and all required certificates, affidavits and other documentation) 7.4 Contract 7.5 Contractor’s Performance and Payment Bond 7.6 General Conditions 7.7 Special Conditions 7.8 Technical Specifications 7.9 Drawings entitled: Appendix A Page 668 of 940 Boynton Beach Utilities – 1M & 3M Storage Tanks Pressure Sustaining Valve Replacement C-4 Revised 06/2019 ARTICLE 8. NOTICE: All notices required in this Contract shall be sent by certified mail, return receipt requested and if sent to the CITY shall be mailed to: City of Boynton Beach Attn: Juan Cuertas, Assoc. Engineer, Project Manager Copy to: Procurement Services Attn: Director of Finance 124 E. 124 E. Woolbright Road City of Boynton Beach Boynton Beach, FL 33435 3301 Quantum Boulevard, Suite 101 Tel (561) 742 - 6437 Boynton Beach FL 33426 Tel (561) 742-6322 Fax (561) 742-6316 And if sent to the CONTRACTOR shall be mailed to: CONTRACTOR: Intercounty Engineering, Inc. ADDRESS: 1925 NW 18 Street CITY/STATE/ZIP: Pompano Beach, FL 33069 Attn: Michael Sweeney Cell: 954-999-7138 Tel: 954-972-9800 ext. 212 Fax: 954-974-0042 Article 9. INDEMNITY. In consideration of Twenty-Five Dollars ($25.00) in hand paid and other valuable consideration, receipt of which is hereby acknowledged, CONTRACTOR agrees to defend, indemnify and hold harmless the CITY, its agents and employees, in accordance with paragraph 6.17 of the General Conditions which is incorporated herein and made a part hereof as if fully set forth herein. It is the specific intent of the parties hereto that the foregoing indemnification complies with Florida Statutes 725.06. It is further the specific intent and agreement of said parties that all of the Contract Documents on this Project are hereby amended to include the foregoing indemnification and the Specific Consideration. Article 10. REIMBURSEMENT OF CONSULTANT EXPENSES. Should the completion of this Contract be delayed beyond the specified or adjusted time limit, CONTRACTOR shall reimburse the CITY for all expenses of consulting and inspection incurred by the CITY during the period between said specified or adjusted time and the actual date of final completion. All such expenses for consulting and inspection incurred by the CITY will be charged to CONTRACTOR and be deducted from payments due CONTRACTOR as provided by this Contract. Said expenses shall be further defined as CONSULTANT charges associated with the construction contract administration, including resident project representative costs. Article 11. FLORIDA’S PUBLIC RECORDS LAW. The City is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida’s Public Records Law. Specifically, the Contractor shall: 11.1 Keep and maintain public records required by the CITY to perform the service; 11.2 Upon request from the CITY’s custodian of public records, provide the CITY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statue or as otherwise provided by law; 11.3 Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the contact term and, following completion of the contract, Contractor shall destroy all copies of such confidential and exempt records remaining in its possession once the Contractor transfers the records in its possession to the City; and, 1.4 Upon completion of the contract, Contractor shall transfer to the CITY, at no cost to the CITY, Page 669 of 940 Boynton Beach Utilities – 1M & 3M Storage Tanks Pressure Sustaining Valve Replacement C-5 Revised 06/2019 all public records in Contractor’s possession. All records stored electronically by Contractor must be provided to the CITY, upon request from the CITY’s custodian of public records, in a format that is compatible with the information technology systems of the CITY. 11.5 IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: (CRYSTAL GIBSON, CITY CLERK) 3301 QUANTUM BOULEVARD, SUITE 101 BOYNTON BEACH, FLORIDA, 33426 561-742-6061 GIBSONC@BBFL.US Article 12. SCRUTINIZED COMPANIES. 12.1 By execution of this Agreement, in accordance with the requirements of F.S. 287 -135 and F.S. 215.473, Contractor certifies that Contractor is not participating in a boycott of Israel. Contractor further certifies that Contractor is not on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has Contractor been engaged in business operations in Syria. Subject to limited exceptions provided in state law, the City will not contract for the provision of goods or services with any scrutinized company referred to above. Submitting a false certification shall be deemed a material breach of contract. The Cit y 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. Article 13. MISCELLANEOUS. 13.1 No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation, moneys that may be come due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignm ent will release or discharge the assignor from any duty or responsibility under the Contract Documents. 13.2 CITY and CONTRACTOR each binds itself, their partners, successors, assigns and legal representatives to the other party hereto, their partne rs, successors, assigns and legal representatives in respect of all covenants, agreements and obligations contained in the Contract Documents. Page 670 of 940 Boynton Beach Utilities – 1M & 3M Storage Tanks Pressure Sustaining Valve Replacement C-6 Revised 06/2019 IN WITNESS WHEREOF, the parties have hereunto set their hands and seals on the day and year set forth below their respective signatures. IN WITNESS WHEREOF, the parties hereto have executed this Contract in multiple copies, each of which shall be considered an original on the following dates: DATED this _____ day of ________________________________________, 2019. CITY OF BOYNTON BEACH _________________________________ __________________________________ City Manager Contractor Attest/Authenticated: __________________________________ Title _________________________________ (Corporate Seal) City Clerk Approved as to Form: Attest/Authenticated: __________________________ __________________________________ Office of the City Attorney Secretary Page 671 of 940 Boynton Beach Utilities – 1M & 3M Storage Tanks Pressure Sustaining Valve Replacement PFB- 1 THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED AT AWARD PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: that __________________________________ (Insert name of Contractor) ________________________________________________________ as Principal, (Address or legal title of Contractor) hereinafter called Contractor, and __________________________________________________ (Name and address of Surety) ____________________________________________________________________________ as Surety, hereinafter called Surety, are held and firmly bound unto CITY OF BOYNTON BEACH, P.O. BOX 310, BOYNTON BEACH, FLORIDA 33425-0310 as Obligee, hereinafter called Owner, in the amount of ____________________________________________________ Dollars ($_____________________), for payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement dated ______________________________, 20____, entered into a contract with Owner for ______________________________________________ in accordance with drawings and specifications prepared by _____________________________ which contract is by reference made a part of hereof, and is hereinafter referred to as the Contract. Page 672 of 940 Boynton Beach Utilities – 1M & 3M Storage Tanks Pressure Sustaining Valve Replacement PFB- 2 THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED AT AWARD NOW THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform such Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. The Surety hereby waives notice of any alteration or extension of time made by the Owner. Whenever Contractor shall be, and declared by Owner to be in default under the Contract, the Owner having performed Owner’s obligations thereunder, the Surety may promptly remedy the default, or shall promptly: 1. Complete the Contract in accordance with its terms and conditions, or 2. Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon determination by Surety of the most responsible bidder, or, if the Owner elects, upon determination by the Owner and the Surety jointly of the most responsible bidder, arrange for a contract between such bidder and Owner, and make available as work progresses (even though there should be a default or a succession of defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term “balance of the contract price”, as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the contract and any amendments thereto, less the amount properly paid by Owner to Contractor. Any suit under this bond must be instituted before the expiration of one (1) year from the date on which final payment under the Contract falls due. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein or the heirs, executors, administrators or successors of the Owner. This bond is issued in compliance with Section 255.05, Florida Statutes as may be amended. A claimant, except a laborer, who is not in privity with the Contractor and who has not received payment for its labor, materials, or supplies shall, within 45 days after beginning to furnish labor, materials, or supplies for the prosecution of the work, furnish the Contractor with a notice that he intends to look to the bond for protection. A claimant who is not in privity with the Contractor and who has not received payment for its labor, materials, or supplies shall, within 90 days after performance of the labor or after complete delivery of the materials or supplies, deliver to the Contractor and to the Surety written notice of the performance of the labor or delivery of the materials or supplies and the nonpayment. No action for the labor, materials, or supplies may be instituted against the Contractor or the Surety unless both notices have been given. No action shall be instituted against the Contractor or the Surety on the bond after one (1) year from the performance of the labor or completion of delivery of the materials or supplies. Page 673 of 940 Boynton Beach Utilities – 1M & 3M Storage Tanks Pressure Sustaining Valve Replacement PFB- 3 THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED AT AWARD Signed and sealed this __________ day of ____________________, 2019. _______________________________________ Principal (Seal) ________________________________ Witness _______________________________________ Title _______________________________________ Surety ________________________________ Witness _______________________________________ Attorney-in-Fact END OF PERFORMANCE BOND Page 674 of 940 Boynton Beach Utilities – 1M & 3M Storage Tanks Pressure Sustaining Valve Replacement PYB- 1 THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED AT AWARD PAYMENT BOND THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND IN FAVOR OF THE OWNER CONDITIONED ON THE FULL AND FAITHFUL PERFORMANCE OF THE CONTRACT KNOW ALL MEN BY THESE PRESENTS: that ___________________________________ (Insert name of Contractor) ________________________________________________________ as Principal, (Address or legal title of contractor) hereinafter called Principal, and ___________________________________________________ (Name and address of Surety) ____________________________________________________________________________ as Surety, hereinafter called Surety, are held and firmly bound unto CITY OF BOYNTON BEACH, P.O. BOX 310, BOYNTON BEACH, FLORIDA 33425-0310 as Obligee, hereinafter called Owner, for the use and benefit of claimants as here below defined, in the amount of _______________________________________________________________________ Dollars ($_____________), for payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has by written agreement dated ______________________________, 2019, entered into a contract with Owner for ______________________________________________ __________________________________________________________________ in accordance with drawings and specifications prepared by _____________________________ which contract is by reference made a part of hereof, and is hereinafter referred to as the Contract. NOW THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Principal shall promptly make payment to all claimants as hereinafter defined, for all labor and material used or reasonably required for use in the performance of the Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect, subject, however, to the following conditions: 1. A claimant is defined as one having a direct contract with the Principal or with a subcontractor of the Principal for labor, material or both, used or reasonably required for use in the performance of the Contract, labor and material being construed to include that part of water, Page 675 of 940 Boynton Beach Utilities – 1M & 3M Storage Tanks Pressure Sustaining Valve Replacement PYB- 2 THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED AT AWARD gas, power, light, heat, oil, gasoline, telephone service or rental of equipment directly applicable to the Contract. 2. The above named Principal and Surety hereby jointly and severally agree with the Owner that every claimant as herein defined, who has not been paid in full before the expiration of a period of ninety (90) days after the date on which the last of such claimant’s work or labor was done or performed, or materials were furnished by such claimant, may sue on this bond for the use of such claimant, prosecute the suit to final judgment for such sum or sums as may be justly due claimant, and have execution thereon. The Owner shall not be liable for the payment of any costs or expenses of any such suit. 3. No suit or action shall be commenced hereunder by any claimant: a. Unless claimant, other than one having a direct contract with the Principal, shall have given written notice to any two of the following: the Principal, the Owner, or the Surety above named, within ninety (90) days after such claimant did or performed the last of the work or labor, or furnished the last of the materials for which such claimant is made, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were furnished, or for when the work or labor was done or performed. Such notice shall be served by mailing the same by registered mail or certified mail, postage prepaid, in an envelope addressed to the Principal, Owner or Surety, at any place where an office is regularly maintained for the transaction of business, or served in any manner in which legal process may be served in the State in which the aforesaid project is located, save that such service need not be made by a public officer. b. After the expiration of one (1) year following the date on which Principal ceased work on such Contract, it being understood, however, that if any limitation embodied in this bond is prohibited by any law controlling the construction hereof such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law. c. Other than in a State Court of competent jurisdiction in and for the County or other political subdivision of the State in which the Project, or any part thereof, is situated, or in the United States District Court for the district in which the Project, or any part thereof, is situated, and not elsewhere. 4. The amount of this bond shall be reduced by and to the extent of a payment or payments made in good faith hereunder, inclusive of the payment by Surety of mechanics liens which may be filed of record against such improvements, whether or not claim for the amount of such lien be presented under and against this bond. 5. This bond is issued in compliance with Section 255.05, Florida Statutes, as may be amended. A claimant, except a laborer, who is not in privity with the Contractor and who has not received payment for its labor, materials, or supplies shall, within 45 days after beginning to furnish labor, materials, or supplies for the prosecution of the work, furnish the Contractor with a notice that he intends to look to the bond for protection. A claimant who is not in privity with the Contractor and who has not received payment for its labor, materials, or supplies shall, within 90 days after performance of the labor or after complete delivery of the materials or supplies, deliver to the Contractor and to the Surety written notice of the performance of the labor or delivery of the materials or supplies and the nonpayment. No action for the labor, materials, or supplies may be instituted against the Contractor or the Surety unless both notices have been given. No action shall be instituted against the Contractor or the Surety on Page 676 of 940 Boynton Beach Utilities – 1M & 3M Storage Tanks Pressure Sustaining Valve Replacement PYB- 3 THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED AT AWARD the bond after one (1) year from the performance of the labor or completion of delivery of the materials or supplies. Signed and sealed this __________ day of ____________________, 2019. _______________________________________ Principal (Seal) __________________________________ Witness _______________________________________ Surety __________________________________ Witness _______________________________________ Attorney-in-Fact END OF PAYMENT BOND Page 677 of 940 Boynton Beach Utilities – 1M & 3M Storage Tanks Pressure Sustaining Valve Replacement WT - 1 THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED WITH FINAL APPLICATION FOR PAYMENT CITY OF BOYNTON BEACH WARRANTY OF TITLE STATE OF FLORIDA COUNTY OF__________________________________, being first duly sworn, deposes and says as follows: He is ____________________ of _____________________________________________, (Title) (Name of Corporation or Firm) a Florida Corporation (______) Check One a Florida General Partnership (______) a Florida Limited Partnership (______) a Sole Proprietor (______) which is named in Construction Contract dated the _______ day of _______________________, 20____, between such corporation as the CONTRACTOR and the City of Boynton Beach, Florida as the OWNER, for the construction of _________________________________________________ and Affiant is authorized to make this Affidavit as, or on behalf of, the Contractor as named above. Title to all work, materials and equipment covered by the attached Final Application for Payment dated ______________________, passes to the Owner at the time of payment free and clear of all liens, and all laborers, material men and subcontractors have been paid for performing or furnishing the work, labor or materials upon such Contract work covered by the aforesaid Final Application for Payment. This statement under oath is given in compliance with Section 713.06 Florida Statutes. ____________________________________ Affiant Sworn to and subscribed before me this ________ day of _____________________, 2019. ________________________________________ Notary Public, State of Florida at Large My Commission expires: (SEAL) END OF WARRANTY OF TITLE Page 678 of 940 INSURANCE ADVISORY FORM 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. Be st 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 lim its required by the City: (NOTE: This list is not all inclusive, and the City reserves the right to require additional types of insurance, or to raise or lower the stated limits, based upon identified risk.) ------------------------------------------------------------------------------------------------------------------------------------------- TYPE (Occurrence Based Only) MINIMUM LIMITS REQUIRED ------------------------------------------------------------------------------------------------------------------------------------------- General Liability General Aggregate $ 1,000,000.00 Commercial General Liability Products-Comp/Op Agg. $ 1,000,000.00 Owners & Contractor's Protective (OCP) Personal & Adv. Injury $ 1,000,000.00 Liquor Liability Each Occurrence $ 1,000,000.00 Professional Liability Fire Damage (any one fire) $ 50,000.00 Employees & Officers Med. Expense (any one person) $ 5,000.00 Pollution Liability Asbestos Abatement Lead Abatement Broad Form Vendors Premises Operations Underground Explosion & Collapse Products Completed Operations Contractual Independent Contractors Broad Form Property Damage Fire Legal Liability ------------------------------------------------------------------------------------------------------------------------------------------- Automobile Liability Combined Single Limit $ 300,000.00 Any Auto Bodily Injury (per person) to be determined All Owned Autos Bodily Injury (per accident) to be determined Scheduled Autos Property Damage to be determined Hired Autos Trailer Interchange $ 50,000.00 Non-Owned Autos PIP Basic Intermodal ------------------------------------------------------------------------------------------------------------------------------------------- Garage Liability Auto Only, Each Accident $ 1,000,000.00 Any Auto Other Than Auto Only $ 100,000.00 Garage Keepers Liability Each Accident $ 1,000,000.00 Aggregate $ 1,000,000.00 ------------------------------------------------------------------------------------------------------------------------------------------- Excess Liability Each Occurrence to be determined Umbrella Form Aggregate to be determined ------------------------------------------------------------------------------------------------------------------------------------------- Worker's Compensation Statutory Limits Employer's Liability Each Accident $ 100,000.00 Disease, Policy Limit $ 500,000.00 Disease Each Employee $ 100,000.00 ------------------------------------------------------------------------------------------------------------------------------------------- Property Homeowners Revocable Permit $ 300,000.00 Builder's Risk Limits based on Project Cost ------------------------------------------------------------------------------------------------------------------------------------------- Other - As Risk Identified to be determined ------------------------------------------------------------------------------------------------------------------------------------------- Page 679 of 940 REQUEST FOR BID 1 MILLION & 3 MILLION STORAE TANKS PRESSURE SUSTAINING VALVE REPLACEMENT "Offers from the vendors listed herein are the only offers BID OPENING DATE: 8/29/2019 received timely as of the above receiving date and time. BID OPENING TIME: 2:30 P.M.All other offers submitted in response to this solicitation, BID No.: 036-2821-19/TP if any, are hereby rejected as late" VENDORS Florida Design Drilling Corporation Hinterland Group, Inc.Intercounty Engineering, Inc. 7733 Hooper Road 2051 W. Blue Heron Blvd.1925 NW 18th Street West Palm Beach, FL 33411 Riviera Beach, FL 33404 Pompano Beach, FL 33069 Jeffery Holst, Senior Vice President Chase R Rogers, Project Director Stephen Polk, Vice President Michael Sweeney Contact: 561-844-2966 Contact: 561-640-3503 Contact: 954-972-9800 ext 212 Fax: 561-844-2967 Fax: 561-640-3504 Fax: 561-585-5252 Cell # 561-818-3228 Cell # 954-999-7138 jeff@fldrilling.com info@hinterlandgroup.com spolk@rfcenvironmental.com ; msweeney@intercountyengineering.com BID DOCUMENTS SUBMITTALS Original (1)YES YES YES Copy (2)YES YES YES USB/THUMB DRIVE (1)YES YES CD BID FORM YES YES YES SCHEDULE OF BID ITEMS $217,000.00 $283,025.00 $155,148.00 Calculation Error Correct Total $155,147.00 CERTIFICATE (FOR PARTNERSHIP) CERTIFICATE (FOR CORPORATION)YES - For Corporation YES - For Corporation YES - For Corporation BID BOND YES YES YES Western Surety Company - 5%Hartford Accident and Indemnity Company - 5%ARCH Insurance Company - 5% CERIFICATE AS TO CORPORATE PRINCIPAL YES YES YES CERTIFICATE AND AFFIDAVIT FOR BONDS YES YES YES Western Surety Company Hartford Accident and Indemnity Company Neison, Mosholder & Associates ADDENDA (No Addendum Issued)YES YES YES Acknowledged the Q & A Clarification Memo N/A N/A BIDDER ACKNOWLEDGEMENT YES YES YES BIDDER'S QUALIFICATION STATEMENT YES YES YES (Significant Project References)REFERENCES INCLUDED REFERENCES INCLUDED REFERENCES INCLUDED BIDDER'S SITE INSPECTION CONFIRMATION YES YES YES CONFIRMATION OF DRUG-FREE WORKPLACE YES YES YES NONCOLLUSION AFFIDAVIT OF PRIME BIDDER YES YES YES ANTI-KICKBACK AFFIDAVIT YES YES YES TRENCH SAFETY ACT AFFIDAVIT YES YES YES Sloping 1 LS $1000.00 $1,000.00 Sloping Shoring SF 100 $10.00 $1,000.00 Trench Box Trench Box LF 500 $1.00 $500.00 SAFETY PROGRAM COMPLIANCE YES YES YES POLICY INCLUDED POLICY INCLUDED POLICY INCLUDED WARRANTIES YES YES YES CONFIRMATION OF MINORITY OWNED BUSINESS YES - N/A YES - N/A YES - N/A CERTIFICATION PURSUANT TO FLORIDA STATUTE § 287.135 INCLUDED INCLUDED INCLUDED SIGNED SIGNED SIGNED SCHEDULE OF SUB-CONTRACTORS INCLUDED (1)INCLUDED INCLUDED All Lake Electrical Contractors 2%NONE NONE PALM BEACH COUNTY INSPECTOR GENERAL ACKNOWLEDGEMENT YES YES YES CITY OF BOYNTON BEACH LOCAL BUSINESS STATUS CERTIFICATION INCLUDED INCLUDED INCLUDED N/A N/A N/A STATEMENT OF NO BID N/A N/A N/A CERTIFICATE OF LIABILITY INSURANCE NO YES YES FOR BIDDING PURPOSES ONLY SAMPLE RESUMES INCLUDED INCLUDED NOT INCLUDED STATE OF FL- BUSINESS LICENSES YES YES YES EXPIRE AUGUST 31, 2020 EXPIRES AUGUST 31, 2020 EXPIRES AUGUST 31, 2020 PROJECT SCHEDULE INCLUDED NO INCLUDED WORK LOAD INCLUDED INCLUDED INCLUDED BUSINESS TAX INCLUDED INCLUDED INCLUDED EXPIRES SEPTEMBER 30, 2020 EXPIRES SEPTEMBER 30, 2019 EXPIRES SEPTEMBER 30, 2019 UNDERGROUND- EXPIRES SEPTEMBER 30, 2020 COMMENTS: Includes company's equipment listing Includes company's equipment listing FDOT - Cerificate of Qualification RFA = Recommended for Award RFA Opened By: Taralyn Pratt, Contract Coordinator Witness By: Eric Marmer, Buyer Tabulation Prepared By: T.Pratt Tabulation Sheet 1Mil_3Mil Pressure Sustaining Valve Replacement Bid 036-2821-19TP 1 Page 680 of 940 Page 681 of 940 Page 682 of 940 Page 683 of 940 Page 684 of 940 Page 685 of 940 Page 686 of 940 Page 687 of 940 Page 688 of 940 Page 689 of 940 Page 690 of 940 Page 691 of 940 Page 692 of 940 Page 693 of 940 Page 694 of 940 Page 695 of 940 Page 696 of 940 Page 697 of 940 Page 698 of 940 Page 699 of 940 Page 700 of 940 Page 701 of 940 Page 702 of 940 Page 703 of 940 Page 704 of 940 Page 705 of 940 Page 706 of 940 Page 707 of 940 Page 708 of 940 Page 709 of 940 Page 710 of 940 Page 711 of 940 Page 712 of 940 Page 713 of 940 Page 714 of 940 Page 715 of 940 Page 716 of 940 Page 717 of 940 Page 718 of 940 Page 719 of 940 Page 720 of 940 Page 721 of 940 Page 722 of 940 Page 723 of 940 Page 724 of 940 Page 725 of 940 Page 726 of 940 Page 727 of 940 Page 728 of 940 Page 729 of 940 Page 730 of 940 Page 731 of 940 Page 732 of 940 Page 733 of 940 Page 734 of 940 Page 735 of 940 Page 736 of 940 Page 737 of 940 Page 738 of 940 Page 739 of 940 Page 740 of 940 Page 741 of 940 Page 742 of 940 Page 743 of 940 Page 744 of 940 Page 745 of 940 Page 746 of 940 Page 747 of 940 Page 748 of 940 Page 749 of 940 Page 750 of 940 Page 751 of 940 Page 752 of 940 Page 753 of 940 Page 754 of 940 Page 755 of 940 Page 756 of 940 Page 757 of 940 Page 758 of 940 Page 759 of 940 Page 760 of 940 Page 761 of 940 Page 762 of 940 Page 763 of 940 Page 764 of 940 Page 765 of 940 Page 766 of 940 Page 767 of 940 Page 768 of 940 Page 769 of 940 Page 770 of 940 Page 771 of 940 Page 772 of 940 Page 773 of 940 Page 774 of 940 Page 775 of 940 Page 776 of 940 Page 777 of 940 Page 778 of 940 Page 779 of 940 Page 780 of 940 Page 781 of 940 Page 782 of 940 Page 783 of 940 Page 784 of 940 Page 785 of 940 Page 786 of 940 PROJECT TIMELINE ITB No. 036-2821-19/TP Boynton Beach 1 Million & 3 Million Storage Tanks Pressure Sustaining Valve Replacement {42}Aug 1, 2019 Sep 30, 2019 Nov 29, 2019 Jan 28, 2020 Mar 28, 2020 General Conditions Procurement Equipment Fab & Delivery Construction Closeout Page 787 of 940 6.D. C ONS E NT B I D S A ND P URC HA S E S OV E R $100,000 10/15/2019 CIT Y OF BOY NTON BEACH AG ENDA I TEM REQUEST F ORM C O MMIS S IO N ME E T IN G D ATE: 10/15/2019 R E Q U E S TE D AC T IO N B Y C O MMIS S IO N: Approve the one-year extension for RF Ps/Bids and/ or piggy- backs for the procurement of services and/or commodities over $100,000 as described in the written report for October 15, 2019- "Request for Extensions and/or Piggybacks." E X P LAN ATIO N O F R E Q U E S T: As required, the Finance/Procurement Department submits requests for award to the Commission; requests for approval to enter into contracts and agreements as the result of formal solicitations; and to piggy-back governmental contracts. Options to extend or renew are noted in the “Agenda Request I tem” presented to Commission as part of the initial approval process. Procurement seeks to provide an accurate and efficient method to keep the Commission informed of pending renewals and the anticipated expenditure by reducing the paperwork of processing each renewal and/or extension individually and summarizing the information in a monthly report (as required). V E N D O R(S)D E S C R IP T IO N O F S O L IC ITATIO N S O LIC ITAT IO N N U MB E R R E N E W AL TE R M AMO U N T Galls, LLC.Materials and Distribution utilizing the City of Tallahassee Contract # 3806 with Galls for the purchase of uniforms for Police Resolution No. R18- 011 Approving Piggybacking City of Tallahassee Contract # 3806 with Galls, L L C. October 15, 2019 to October 14, 2020 $130,000 Shrieve Chemical Company Utilities using existing City of lake W orth Beach contract with Shrieve Chemical Company for purchase & delivery of 93% Sulfuric Acid. Resolution No. R18- 172 Approving Piggybacking City of lake Worth Beach Bid # 17-109 & any Amendments thereto contract with Shrieve Chemical Company. October 17, 2019 to October 17, 2020 $127,880 H O W W IL L T H IS AFF E C T C IT Y P R O G R AMS O R S E RV IC E S? This renewal report will be used for those solicitations, contracts/agreements and piggy-backs that are renewed/extended with the same terms and conditions and pricing as the initial award. FIS C AL IMPAC T: Budgeted Funds have been budgeted under line items as noted on the attached report. ALT E R N ATIV E S: Not approve renewals and require new solicitations to be issued. Page 788 of 940 S TR ATE G IC P LAN: S TR ATE G IC P LAN AP P LIC AT IO N: C L IMAT E AC T IO N: C L IMAT E AC T IO N D IS C U S S IO N: Is this a grant? No Grant Amount: AT TAC H ME N TS: Type Description Addendum Shrieve Chemical Co. - 2nd Amend Addendum Agreement - Fully Executed - Shrieve - Piggyback Lake W orth Addendum R18-172 Addendum Shrieve Chemical Original Agreement Addendum Shrieve Chemical Renewal 2019 Addendum Shrieve Chemical-1st Amend Addendum Galls Contract 3806A for Police Uniforms 8-2-19 Renewal Letter Addendum 1-16-18 Agenda I tem Details for Galls Contract Piggyback Approval Addendum Request_For_Bid_Extension_Commission_100K+_10- 15-19_RW-1 Page 789 of 940 Page 790 of 940 Page 791 of 940 Page 792 of 940 Page 793 of 940 Page 794 of 940 Page 795 of 940 Page 796 of 940 RESOLUTION NO. R18-\1 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA,APPROVING THE PIGGY-BACK OF A CITY OF LAKE WORTH BID#17-109 AND ANY AMENDMENTS THERETO WITH SHRIEVE CHEMICAL COMPANY FOR THE PROVISION OF 93% SULFURIC ACID FOR AN ESTIMATED ANNUAL EXPENDITURE OF $100,000.00; AUTHORIZING THE CITY MANAGER TO SIGN A CONTRACT WITH SHRIEVE CHEMICAL COMPANY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, City staff has confirmed that the City of Lake Worth has complied with Public Contract Bid requirements which equal or exceed the City of Boynton Beach's requirements; and WHEREAS, upon recommendation of staff, it is the City's desire to piggy-back a City of Lake Worth Bid #17-109 and any amendments thereto with Shrieve Chemical Company for the provision of 93% sulfuric acid in an estimated annual expenditure of 100,000.00. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA,THAT: Section L The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption. Section 2. The City Commission of the City of Boynton Beach, Florida, hereby 29 approves the piggy-back of a City of Lake Worth Bid#17-109 and any amendments thereto Q with Shrieve Chemical Company for the provision of 93% Sulfuric Acid in an estimated annual expenditure of$100,000.00. S:\CA\RESO\Agreements\Piggy-Back(Lake Worth)-Shrieve-Sulfuric Acid(2018)-Reso.docx Page 797 of 940 Section 3. The City Manager is hereby authorized to sign a contract with Shrieve Chemical Company, a copy of which is attached hereto as Exhibit"A". Section 4. That this Resolution shall become effective immediately. PASSED AND ADOPTED this,T) day of q 2018. CITY OF BOYNTON BEACH, FLORIDA YES NO Mayor—Steven B. Grant Vice Mayor—Christina L. Romelus Commissioner—Mack McCray Commissioner—Justin Katz Commissioner— VOTE 0 ATTEST: Queenester Nieves dludith A. Pyle, CMC City Clerk Corporate Seal) 59 G1ft 444•oF.;Bo o•• i "I ' 2' S:\CA\RESO\Agreements\Piggy-Back(Lake Worth)-Shrieve-Sulfuric Acid(2018)-Reso.docx Page 798 of 940 AD., CONTRACT FOR 93% SULFURIC ACID This Agreement is made as of this day of 2018 by and between SHRIEVE CHEMICAL COMPANY, a Foreign Corporation, with offices at 1755 Woodstead Court, Woodlands,TX 77380 ("SHRIEVE"),and THE CITY OF BOYNTON BEACH, a Florida municipal corporation,with a mailing address of Post Office Box 310, Boynton Beach, FL 33425 the "City"). RECITALS WHEREAS, sulfuric acid is critical to the water treatment process as it lowers the pH of the feed water to prevent minerals from forming a hard scale on the membrane during the treatment process. A build-up of scale on the membranes will decrease the output West Water Treatment Plant production; and WHEREAS, SHRIEVE, has agreed to allow the City to piggy-back the City of Lake Worth Contract Bid 17-109 to provide sulfuric acid for an estimated annual expenditure of 100,000.00 at prices based on City of Lake Worth contract; and NOW THEREFORE, in consideration of the mutual covenants contained herein, and for other valuable consideration received, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: AGREEMENT Section 1. The foregoing recitals are true and correct and are hereby incorporated in this Agreement. Section 2. The City and SHRIEVE agree that SHRIEVE shall provide sulfuric acid for an estimated annual expenditure of$100,000.00 at prices based on City of Lake Worth contract Bid 17-109, a copy of which is attached hereto as Exhibit"A", except as hereinafter provided: A. All references to the City of Lake Worth shall be deemed as references to the City of Boynton Beach. B. All Notices to the City shall be sent to: CityLoriLaVerriere, C ty Mana ger City of Boynton Beach P.O. Box 310 Boynton Beach, Florida 33425 Telephone: (561) 742-6010/Facsimile: (561) 742-6090 Copy : James A. Cherof, City Attorney Goren, Cherof, Doody & Ezrol, PA. Page 1 S:\CA\AGMTS\Piggyback(Lake Worth-Shrieve)Sulfuric Acid(2018).docx Page 799 of 940 3099 East Commercial Boulevard, Suite 200 Fort Lauderdale, FL 33308 Telephone: (954) 771-4500 Facsimile: (954) 771-4923 C. The following terms and conditions are hereby incorporated into the Agreement: Scrutinized Companies By execution of this Agreement, in accordance with the requirements of F.S. 287-135 and F.S. 215.473, Contractor certifies that Contractor is not participating in a boycott of Israel. Contractor further certifies that Contractor is not on the Scrutinized Companies that Boycott Israel list,not on the Scrutinized Companies with Activities in Sudan List,and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has Contractor been engaged in business operations in Syria. Subject to limited exceptions provided in state law, the City will not contract for the provision of goods or services with any scrutinized company referred to above. Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing,to Contractor of the City's determination concerning the false certification. Contractor shall have five (5) days from receipt of notice to refute the false certification allegation. If such false certification is discovered during the active contract term, Contractor shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If Contractor does not demonstrate that the City's determination of false certification was made in error then the City shall have the right to terminate the contract and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time. Section 3. In the event that the City of Lake Worth Contract is amended,or terminated, SHRIEVE shall notify the City within ten (10)days. In the event the City of Lake Worth Contract is amended or terminated prior to its expiration,this Contract shall remain in full force and effect, and not be deemed amended or terminated, until specifically amended or terminated by the parties hereto. Section 4. SHRIEVE agrees that in the event it enters into a Contract for the same (or substantially similar) scope of services with another local government in Florida which contains a term or condition, including fees,charges or costs,which the City determines to be more favorable than the terms in this Contract, the parties shall enter into an Addendum to provide those terms to the City. Section 5. The insurance required shall require that the Certificate of Insurance name the City of Boynton Beach as an additional insured. Page 2 S:\CA\AGMTS\Piggyback(Lake Worth-Shrieve)Sulfuric Acid(2018).docx Page 800 of 940 Section 6. In all other aspects, the terms and conditions of the City of Lake Worth Contract are hereby ratified and shall remain in full force and effect under this Contract, as provided by their terms. IN WITNESS OF THE FOREGOING,the parties have set their hands and seals the day and year first written above. CITY OF BOYNTON BEACH, FLORIDA ATTEST: By: Lori LaVerriere, City Manager City Clerk APPROVED AS TO FORM: James A. Cherof, City Attorney SHRIEVE CHEMICAL COMPANY WITNESSES: BY: Print Name: Title: ATTEST: SECRETARY Page 3 S:\CA\AGMTS\Piggyback(Lake Worth-Shrieve)Sulfuric Acid(2018).docx Page 801 of 940 EXHIBIT A AGREEMENT BETWEEN CITY OF LAKE WORTH AND SHRIEVE CHEMICAL COMPANY Page 4 S:\CA\AGMTS\Piggyback(Lake Worth-Shrieve)Sulfuric Acid(2018).docx Page 802 of 940 Page 803 of 940 Page 804 of 940 Page 805 of 940 Page 806 of 940 Page 807 of 940 Page 808 of 940 Page 809 of 940 Page 810 of 940 Page 811 of 940 Page 812 of 940 Page 813 of 940 Page 814 of 940 Page 815 of 940 Page 816 of 940 Page 817 of 940 Page 818 of 940 Page 819 of 940 Page 820 of 940 Page 821 of 940 6.P. CONSE NT AGEND A 1/16/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM CO MMISSIO N MEETING D ATE: 1/16/2018 REQ U EST ED ACTIO N B Y C OMMIS S ION: Approve utilizing the City of Tallahassee Contract # 3806 with Gall's for the purchase of uniforms for Police with an estimated annual expenditure of $95,000 . The City of Tallahassee procurement proc ess satisfies the City's competitive bid requirements. EXPLANATION O F R E QU ES T: Contract Term: October 15, 2016 to Oc tober 14, 2019 This approval will allow for the purchase of uniforms for the City's Police Department. This contract will work in addition with the currently piggy backed contract, Broward Sheriff's Office Contract # 14036AG, to offer access to a larger group of manufacturers. Gall's purchased Azar's Uniforms and assumed control of the contract. HO W W ILL T HIS AF FE C T C ITY PR OG R AMS O R S E RV IC ES? This will enable Police Officers to be outfitted with uniforms. F IS CAL IMPACT: Budgeted Funds are budgeted and available for accounts 001-2110-521-5222 / 001-2111-521-5222 / 001-2112-521-5222 for the amount of $95,000. F Y 15/16 expenditures were $86,246.34 F Y 16/17 expenditures were $102,705.85 F Y 17/18 current to date expenditures are $39,388.22 ALTER NATIVE S: To not approve utilizing only the current piggy-back contract. ST RAT E GIC PLAN: ST RAT E GIC PLAN APPLICATION: CLIMATE ACT ION: CLIMATE ACT ION D ISC USSIO N: Is this a grant? Grant Amount: ATTACH MENTS: Type Description Addendum Contract Addendum Pricing Addendum Bill of Sale and Assignment Page 822 of 940 CITY OF BOYNTON BEACH REQUESTS FOR BID EXTENSIONS AND PIGGY-BACKS October 15, 2019 REQUESTING DEPARTMENT: UTILITES DEPARTMENT CONTACT: JOSEPH PATERNITI JR. TERM: October 17, 2019 to October 17, 2020 SOURCE FOR PURCHASE: Piggybacking City of Lake Worth Beach Bid No. 17-109 ACCOUNT NUMBER: 401-2811-536-52-35. VENDOR(S): SHRIEVE ANNUAL ESTIMATED EXPENDITURE: $127,880 DESCRIPTION: On 11/20/18, City Commission Approve utilizing the City of Lake Worth, Florida, Bid No. 17-109 for 93% Surfuric Adic - Purchase and Delivery with Shrieve Chemical Company with the same terms, conditions, specifications and pricing and authorize the City Manager to sign a Contract with Schrieve Chemical Company. The anticipated annual expenditure for the purchase of sulfuric acid was $100,000.00. The Contract allows for two (2) additional one-year renewal options with the same prices, terms and conditions. The vendor has agreed to renew the Contract for the second one-year renewal option thru October 17, 2020. The City of Boynton Beach West Water Treatment Plant (WWTP) utilizes membrane filtration technology to remove hardness causing minerals from the feed water. At a high pH, these minerals precipitate out of solution to form a hard scale on the surface of the membrane units. This buildup of scale reduces the throughput of the membranes resulting in a loss of plant capacity. Sulfuric Acid Is used to lower the pH of the feed water to prevent this from occurring during the treatment process. The build-up of scale on the membranes will decrease the WWTP production and could potentially damage the membranes. The prevention of this occurrence will protect membrane life and ensure continued good water production and quality for residential and commercial customers. Prior year usage as follows: FY 15/16 - $96,554 FY 16/17 - $115,462 FY 17/18 - $100,000 FY 18/19 - $92,000 REQUESTING DEPARTMENT: MATERIALS AND DISTRIBUTION DEPARTMENT CONTACT: MICHAEL DAUTA TERM: October 15, 2019 to October 14, 2020 SOURCE FOR PURCHASE: Piggybacking City of Tallahassee Contract # 3806 ACCOUNT NUMBER: 001-2110-521-5222 / 001-2111-521-5222 / 001-2112-521-5222 VENDOR(S): GALLS, LLC. ANNUAL ESTIMATED EXPENDITURE: $130,000 DESCRIPTION: On 1/16/18, City Commission Approve utilizing the City of Tallahassee Contract # 3806 with Gall's for the purchase of uniforms for Police. The City of Tallahassee procurement process satisfies the City's competitive bid requirements. The Contract allows for two (2) additional one-year renewal options with the same prices, terms and conditions. The vendor has agreed to renew the Contract for the first one-year renewal option thru October 14, 2020. Prior year usage is as follows: FY 15/16 - $86,246 FY 16/17 - $102,705 FY 17/18 - $130,155 FY 18/19- $125,554 Page 823 of 940 6.E. C ONS E NT B I D S A ND P URC HA S E S OV E R $100,000 10/15/2019 CIT Y OF BOY NTON BEACH AG ENDA I TEM REQUEST F ORM C O MMIS S IO N ME E T IN G D ATE: 10/15/2019 R E Q U E S TE D AC T IO N B Y C O MMIS S IO N: Approve the purchase of three (3) replacement vehicles as approved in the F Y 2019-20 fleet replacement budget in the estimated amount of $873,444.00 by utilizing the following contract: Florida Sheriffs Association F S A 18-V E H 16.0. E X P LAN ATIO N O F R E Q U E S T: The Fleet Administrator recommends the purchase of three (3) replacement vehicles for Solid Waste Division as approved in the fiscal year 2019-20 fleet replacement budget. Attached is spreadsheet indicating vendor, number of units ordered, user department, bid/contract information and cost. FS A 18-V E H 16.0 (Effective October 1, 2019 - September 30, 2020) The Fleet Maintenance Division intends to award the following vendor for purchase as follows (see attached exhibit 1 for vendor details) 1. General GMC Truck Sales for one (1) Autocar with rear loader body for Solid Waste in the amount of $269,052.00 and two (2) Autocar with front loader body in the amount of $604,392.00. These units utilize the FS A 18-V E H 16.0 contract. H O W W IL L T H IS AFF E C T C IT Y P R O G R AMS O R S E RV IC E S? These three (3) replacement vehicles will be used throughout the City to provide services to our residents. FIS C AL IMPAC T: Budgeted The total budgeted amount for FY 2019-20 for all three (3) replacement vehicles = $921,007.00. Account #501-2516-519.64-33 ALT E R N ATIV E S: Be deferring purchases, departmental maintenance cost and equipment downtime would increase and Sanitation routes will not get collected as scheduled. S TR ATE G IC P LAN: S TR ATE G IC P LAN AP P LIC AT IO N: C L IMAT E AC T IO N: No C L IMAT E AC T IO N D IS C U S S IO N: Is this a grant? No Page 824 of 940 Grant Amount: AT TAC H ME N TS: Type Description Exhibit Exhibit 1 Page 825 of 940 Page 826 of 940 Page 827 of 940 Page 828 of 940 Page 829 of 940 Page 830 of 940 Page 831 of 940 Page 832 of 940 Page 833 of 940 Page 834 of 940 Page 835 of 940 Page 836 of 940 Page 837 of 940 Page 838 of 940 7.A. P UB LI C HE A RI NG 10/15/2019 CIT Y OF BOY NTON BEACH AG ENDA I TEM REQUEST F ORM C O MMIS S IO N ME E T IN G D ATE: 10/15/2019 R E Q U E S TE D AC T IO N B Y C O MMIS S IO N: Approve request for New Site Plan (NW S P 19-002) to construct a one (1) story, 1,989 square foot professional office building and related site improvements on a 12,822 square foot vacant lot located at the northwest corner of NW 7th Court and Boynton Beach Boulevard. Applicant: J oni Brinkman of Urban Design Kilday Studios. E X P LAN ATIO N O F R E Q U E S T: The subjec t site is currently vacant. The parc el is zoned C -2 (Neighborhood Commercial) ac cording to the Official Zoning Map of the City of Boynton Beac h, and the Land Use designation is L RC (Loc al Retail Commercial) according to the Future Land Use Map of the City of Boynton Beach Comprehensive Plan. Additionally, the parc el has 73.97 feet of frontage along Boynton Beach Boulevard and a lot depth of 174.01 feet. J oni Brinkman of Urban D esign K ilday Studios, representing Omar Shidadeh, is requesting New S ite Plan approval to c onstruc t a 1,989 square foot one (1) story offic e building and related site improvements on a 12,822 square foot vacant lot. The Planning and Development Board at the meeting of September 24, 2019 recommended approval of the project with one additional condition of approval to increase the density of the proposed landscaping on the north side of the property. H O W W IL L T H IS AFF E C T C IT Y P R O G R AMS O R S E RV IC E S? The City’s water capacity would meet the projected potable water demand for this project. Sufficient sanitary sewer and wastewater treatment capacity is also currently available to serve the project, subject to the applicant making a firm reservation of capacity following site plan approval. Also, City staff reviewed the site plan and determined that current staffing levels would be sufficient to meet the expected demand for police and fire services. FIS C AL IMPAC T: Fees associated with permits and business tax as well as property taxes for the proposed site improvements. ALT E R N ATIV E S: None recommended. S TR ATE G IC P LAN: S TR ATE G IC P LAN AP P LIC AT IO N: N/A C L IMAT E AC T IO N: C L IMAT E AC T IO N D IS C U S S IO N: N/A Page 839 of 940 Is this a grant? Grant Amount: AT TAC H ME N TS: Type Description Staff Report Staff Report Location Map Exhibit A_Location Map Drawings Exhibit B_Site Plan - S P-1 Drawings Exhibit B_Boundary Survey Drawings Exhibit B_Elevations - A3.01 A C Drawings Exhibit B_Floor Plan - A2.01 Drawings Exhibit B_Landscape Plan - L A-1 Drawings Exhibit B_Paving, Grading and Drainage Plan - P D-2 Drawings Exhibit B_W ater and Sewer Plan - W S-1 Drawings Exhibit B_Photometric Plan - P HM-1 Conditions of Approval Conditions of Approval Development Order Development Order Page 840 of 940 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 19-028 STAFF REPORT TO: Chair and Members Planning and Development Board THRU: Ed Breese Planning and Zoning Administrator FROM: Luis Bencosme Planner I DATE: September 10, 2019 PROJECT NAME/NO: OFS Office / NWSP 19-002 REQUEST: New Site Plan PROJECT DESCRIPTION Property Owner: Omar Shihadeh Applicant: Joni Brinkman, Urban Design Kilday Studios Location: NW Corner of Boynton Beach Boulevard and NW 7 th Court (see Exhibit “A” – Location Map) Existing Land Use: Local Retail Commercial (LRC) Proposed Land Use: No change proposed Existing Zoning: Neighborhood Commercial (C2) Proposed Zoning: No change proposed Proposed Use: Request for New Site Plan approval to construct a one-story, 1,989 square foot professional office building and related site improvements. Acreage: 0.294 Acres (12,822 square feet) Adjacent Uses: North: Developed single-family properties with a Low Density Residential (LDR) future land use classification, and zoned Single-Family (R1A); South: Right-of-way of Boynton Beach Boulevard, then farther south developed multi- tenant commercial property with a Local Retail Commercial (LRC) future land use classification, and zoned Neighborhood Commercial (C2); East: Developed single-tenant commercial property with an existing office use Page 841 of 940 Staff Report – OFS Office (NWSP 19-002) Memorandum No PZ 19-028 Page 2 (Immigration Attorney, Richard A. Hujber, Esq.), and a Local Retail Commercial (LRC) future land use classification, and zoned Neighborhood Commercial (C2); and West: Developed multi-tenant commercial property with office and healthcare uses (Foot Health Center, SS&F Acquisition Corp and Adult & Pediatric Dermatology), with a Local Retail Commercial (LRC) future land use classification, and zoned Neighborhood Commercial (C2) 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 subject site is currently vacant. The parcel has 73.97 foot of frontage along Boynton Beach Boulevard and a lot depth of 174.01 feet. Joni Brinkman of Urban Design Kilday Studios , representing Omar Shidadeh, is requesting New Site Plan approval to construct a 1,989 square foot single-story office building on a 12,822 square foot vacant lot and related site improvements. ANALYSIS Traffic: A traffic statement for the proposed project was sent to the Palm Beach County Traffic Division for concurrency review in order to ensure an adequate level of service. A traffic concurrency approval letter was received from the traffic division indicating that development meets the Traffic Performance Standards (TPS) of Palm Beach County. School: School concurrency is not required for this type of project. 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, subject to the applicant making a firm reservation of capacity following site plan approval. Police / Fire: Staff reviewed the site plan and determined that current staffing levels would be sufficient to meet the expected demand for police and fire services. Drainage: Conceptual drainage information was provided for the City’s review. The Engineering Division has found the conceptual information to be adequate and is recommending that the review of specific drainage solutions be deferre d until time of permit review. Vehicular Access: The site plan (Sheet SP1) shows that the proposed development will have one point of ingress/egress along N.W. 7th Court. The two-way driveway entrance is of sufficient width to allow safe and convenient traffic flow. Also, the entrance has been proposed as far as possible from the intersection. Page 842 of 940 Staff Report – OFS Office (NWSP 19-002) Memorandum No PZ 19-028 Page 3 Circulation: The proposed off-street parking area has been designed with an emphasis on safety, order and accessibility. According to the site plan (Sheet SP1), the project includes a 25 feet wide two-way drive aisle that would allow efficient traffic flow and vehicle maneuverability. Waste removal trucks will not be required to access the site, as rollout containers will be utilized for the office space with the containers placed out on the scheduled day of pickup. The Fire Department has reviewed the site circulation and is satisfied with the design. Parking: The site plan (Sheet SP1) depicts a proposed gross floor area of 1,989 square feet. Per code, properties used as business/ professional office use are required to provide 1 off-street parking space per 300 square feet of gross floor area . Additionally, code requires development projects with 25 parking spaces or less to include at least 1 handicap accessible parking space. The proposed development would be required to provide a minimum of 7 standard size parking spaces including 1 accessible handicap space . The site plan depicts the provision of 8 parking spaces on the north side of the property, wh ich include 1 parking space designated for handicap use and an EV charging station. The handicap space has been proposed near the building to maximize proximity to the building entrance . The parking spaces have been reviewed and approved, including the size and location of the handicap space , by both the Engineering Division and Building Division. Furthermore, all necessary traffic control signage and pavement markings will be provided to clearly delineate areas on site and direction of circulation. Landscaping: New construction is required to be buffered and screened appropriately along the interior side yard and rear yard lot lines with landscaping composed of native and drought resistant trees and hedges in order to reduce the impact on adjacent properties. The Landscape Plan (LA-1) shows that the project will meet buffer/ screening code requirements with the provision of a Suburban Landscape Buffer Type 1 along the interior side property line as it abuts a property with a similar use and zoning district, and Suburban Landscape Buffer Type 2 along the rear yard lot line as it abuts a single-family property zoned R1A (Single-Family). The proposed Type 1 Buffer consists of a 5 ft. wide landscape strip along the interior side lot line composed of drought resistant trees (Japanese Privet) and shrubs (Dwarf Fire Bush and Dwarf Podocarpus). The 5 ft. wide utility easement between the interior side lot line and landscape buffer will be planted with drought tolerant Perenial Peanut groundcover. The proposed Type 2 Landscape Buffer along the rear yard lot line is composed of two types of trees (Live Oak and Japanese Privet), a decorative masonry and stucco wall with two continuous hedges (Dwarf Fire Bush and Wild Coffee) on the inside of wall and 1 continuous hedge (Small-Leaf Clusia) on the outside of the wall facing the residential property. Additionally, a landscape strip along the NW 7th Court right-of-way has been integrated in the landscape design to further screen the off -street parking lot. The strip will be planted with two hedges composed of two colorful/ flowering species of shrubs (Dwarf Red Taiwan Ixora and Compact Spicy Jatropha) and 3 Live Oak Trees. The landscape code requires that 50% or more of the plant material be native species or low to medium water demand varieties, as denoted in the South Florida Water Management District’s WaterWise Guide. The plant list (Sheet L-1) indicates that 100% of the proposed plant material have a low to medium watering demand. The code also limits the use of sod to park and open space areas intended for passive or active recreation purposes or when required for drainage and Page 843 of 940 Staff Report – OFS Office (NWSP 19-002) Memorandum No PZ 19-028 Page 4 stormwater management (e.g., swales, retention, detention areas) when the use of other drought tolerant surface materials is not feasib le. The plan indicates that a variety of drought tolerant groundcover will be used in lieu of sod. The swale area will be planted with Perennial Peanut ground cover. Also, a total of 18 trees will be planted throughout the site. In order to satisfy the number of canopy tree species required by code, 3 different types of drought tolerant species have been provided (Orange Geiger Tree, Japanese Privet and Live Oak). A pair of Orange Geiger trees have been proposed on each side of the entrance to satisfy the City’s “Signature Tree” requirement. The applicant proposes the use of butterfly attracting plants such as Jatropha, Wild Coffee, Dwarf Firebush and Dwarf Ixora as part of their planting schedule. Building and Site: The project proposes a single-story structure with a flat roof/ parapet, as well as a hip roof feature to emphasize the front entrance. The building complies with the C-2 zoning district building and site regulations. According to the Site Plan, the required and proposed setbacks are as follows: Yard Required Setback (ft.) Proposed Setback (ft.) Front 30 30 corner 20 20 Interior 15 15 Rear 30 93.5 The floor plan (Sheet A1) indicates the total building footprint would be 1,989 square feet of professional office space with an open office design that may be kept as a single tenant or transformed into two tenants in the future. The building will have two swinging glass door entrances facing Boynton Beach Boulevard and a second pair of swinging glass door entrances facing NW 7th Court. Building Height: Per code, the maximum height allowed in the C2 zoning district is 25 feet. The building has been designed with a flat roof and parapet to screen roof-top mechanical equipment, as well as a hip roof feature at the front of the building. The building elevations (Sheet A3.01C) show that the hip roof is the highest point of the structure, which has a mean-roof height of 24 feet. Therefore, the building’s height is below 25 feet, maximum height allowed in the C2 zoning district, and comparable to buildings in the immediate vicinity. Design: The form, architectural features, color pallet, size and height of the proposed building are compatible and in harmony with adjacent nearby buildings and neighborhood character. The ample use of facade articulation makes the building design aesthetically pleasing, visually attractive and interesting. The project architect used a combination of attached columns, wall scoring, decorative cornice and eyebrows. The building would be painted with 5 complementary c olors. The building’s base and body would be differentiated with two soft shades of gray (Mindful Gray and Repose Gray). The facade architectural features and accents (i.e. eyebrows, columns, cap, bands etc.) have been highlighted with Dorian Gray, Black Fox Gray, blue and white. The south building facade fronting Boynton Beach Boulevard has been enhanced by the provisions of taller walls and a hip roof Page 844 of 940 Staff Report – OFS Office (NWSP 19-002) Memorandum No PZ 19-028 Page 5 feature that exceeds the height of the flat roof parapet to provide vertical articulation. The rest of the building has a flat roof with a parapet. The flat roof will be covered with a white reflective surface to make the building design more sustainable and environmentally friendly as it is an effective method to cool the building by reflecting sunlight back into the atmosphere. Downspouts and gutters have been concealed by integrating them in the building’s architecture as required by code. Public Art: The applicant is in communication with Debby Coles -Dobay, Public Arts Manager, in regards to the provision of an appropriate public art piece on site. Site Lighting: The photometric plan (Sheet PM-1) proposes a total of 2 light poles in the parking lot. One of the light poles will be located on the south side of the parking lot near the trash bins enclosure, and the second pole near the north side of the entrance. The light poles would be mounted at a height of 18 feet and support a shielded Viento Small LED light fixture by Extra Light LED Lighting Solutions. In addition, there are 2 proposed wall lantern light fixtures that would illuminate the front entrance area, as well as bollard light fixtures that would illuminate the walkway. The lighting levels proposed comply with the City requirement of a maximum allowance of 5.9 foot-candle spot readings. Signage: The allowable wall sign area for the proposed building is 58.5 square feet. The building elevations (A3.01 BW and A3.01 AC) depict three 18.94 square feet signs on the south, east and north building elevations. The proposed aggregate sign area (56.82 square feet) would be below the allowable sign area. A condition of approval will be included in the Development Order to ensure the wall sign on the north elevation facing residential properties is not illuminated. RECOMMENDATION The Development Application Review Team (DART) has reviewed this request for New Site Plan approval and recommends approval contingent upon satisfying all comments indicated in Exhibit “C” – Conditions of Approval. Any additional conditions recommended by the Board or City Commission shall be documented accordingly in the Conditions of Approval. S:\Planning\SHARED\WP\PROJECTS\OFS Office Building\NWSP 19-002 Staff Report.doc Page 845 of 940 N W 1 s t A v eNW 7th CtNW 7th StW Boynton Beach Blvd NW 7th St¯ 0 0.006 0.012 0.018 0.0240.003 Miles LOCATION MAP CRA Boundary TCEA Boundary Downtown TOD District Boundary EXHIBIT A SITE Page 846 of 940 Page 847 of 940 Page 848 of 940 Page 849 of 940 Page 850 of 940 Page 851 of 940 Page 852 of 940 Page 853 of 940 Page 854 of 940 EXHIBIT C Conditions of Approval Project Name: OFS Office Building File number: NWSP 19-002 Reference: 2nd review plans identified as a Major Site Plan Modification with an August 13th, 2019 Planning and Zoning Department date stamp marking. ENGINEERING / PUBLIC WORKS / FORESTRY / UTILITIES Comments: None. All previous comments addressed at DART meeting. FIRE Comments: None. All previous comments addressed at DART meeting. POLICE Comments: None. All previous comments addressed at D ART meeting. BUILDING DIVISION Comments: None. All previous comments addressed at DART meeting. PARKS AND RECREATION Comments: None. PLANNING AND ZONING Comments: 1. It is the applicant’s responsibility to ensure that the application requests are publicly advertised in accordance with Ordinance 04 - 007 and Ordinance 05-004, and an affidavit with attachments (ownership list, radius map, and copy of mailing labels) is required to be provided to the City Clerk and Planning & Zonin g one (1) week prior to the first public hearing. X 2. Palm Beach County Palm Tran requested the applicant dedicate a 7’ by 15’ bus stop easement for a new covered bus stop shelter facing Boynton Beach Boulevard to be constructed and maintained by the property owner. Be advised that the design and architecture of the structure should be compatible with the design of the principal building. Please revise all drawings to show the above requested information, and provide elevations and details of the structure . X Page 855 of 940 OFS Office (NWSP 19-002) Conditions of Approval Page 2 of 2 3. Ensure the wall sign on the north elevation is not illuminated as it is facing residential properties. X COMMUNITY REDEVELOPMENT AGENCY Comments: Not applicable. PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: 4. Include additional dense landscaping material above the height of the wall located along the northside of the project. X CITY COMMISSION CONDITIONS Comments: To be determined. ADDITIONAL REPRESENTATIONS / COMMITMENTS The applicant or applicant’s representatives ma de 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\OFS Office Building\NWSP 19-002 COA - REVISED 9.25.19 Post P&D Meeting.doc Page 856 of 940 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: OFS Office Building (NWSP 19-002) APPLICANT: Joni Brinkman, Urban Design Kilday Studios APPLICANT’S ADDRESS: 610 Clematis Street, Suite CU02, West Palm Beach, FL 33401 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: October 15, 2019 APPROVAL SOUGHT: New Site Plan approval to construct a one (1) story, 1,989 sq. ft. professional office building and related site improvements on a 12,822 square foot vacant lot. LOCATION OF PROPERTY: Northwest corner of NW 7th Court and Boynton Beach Boulevard. DRAWING(S): SEE EXHIBIT “B” ATTACHED HERETO. ________ THIS MATTER was presented to the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the approval sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the approval sought was made by the Applicant in a manner consistent with the requirements of the City’s Land Development Regulations. 2. The Applicant ___ HAS ___ HAS NOT established by substantial competent evidence a basis for the approval requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit “C” with notation “Included.” 4. The Applicant’s request is hereby ___ GRANTED subject to the conditions referenced in paragraph 3 above. ___ DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other: _______________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ DATED:__________________________ _____________________________________________ City Clerk S:\Planning\SHARED\WP\PROJECTS\OFS Office Building\NWSP 19-002 DO.doc Page 857 of 940 7.B. P UB LI C HE A RI NG 10/15/2019 CIT Y OF BOY NTON BEACH AG ENDA I TEM REQUEST F ORM C O MMIS S IO N ME E T IN G D ATE: 10/15/2019 R E Q U E S TE D AC T IO N B Y C O MMIS S IO N: P R O P O S E D O R D IN AN C E N O. 19-038 - FIR S T R E AD IN G - Approving B I RD Property Future Land Use Map amendment (L UA R 19-004) from the Palm Beach County’s I ndustrial (I ND) classification to the City's I ndustrial (I ) classification. City-initiated. P R O P O S E D O R D IN AN C E N O. 19- 039 - F IR S T R E AD IN G - Approving Bird Property Rezoning (LUA R 19-004) from the Palm Beach County's Light I ndustrial (I L) zoning district to the City's M-1 Light I ndustrial zoning district. City-initiated. E X P LAN ATIO N O F R E Q U E S T: The 1.89 acre site is currently developed with two small warehouses but predominantly used for an outdoor storage of boats, RVs and other motor vehicles. Prior to October of 2010, the site was one of the two parcels —the other being a Palm B each County S chool District property—oc cupy ing a small Palm Beac h County enclave. After the School District’s parcel was annexed on Oc tober 5th, the City invoked regulations of Section 171.046, F.S., to execute an I nterloc al A greement (I LA) with Palm Beach County for the final elimination of the enclave through annexation of the subject property . Since the annexation was C ity-initiated, the land use amendment and rezoning did not have to be processed concurrently. The postponement was initially due to the interpretation of state statutes, requiring a property owner to c onnect an onsite sewage treatment system to a publicly owned sewerage sy stem, if available. Presently, a connec tion to the City ’s sewer service is not deemed to be a requirement for the property’s reclassification and rezoning from the County’s to the City ’s future land use and zoning c ategories. The connection will be reconsidered upon application for site improvements in the future (none are currently planned). The I ndustrial (I ) future land use c lassific ation, and the M-1 zoning distric t proposed for the property reflect the initial recommendations considered at the time of annexation and based on the following: The subject request does not propose a change in the type of the f uture land use and zoning designations of the property as they would remain industrial; it would merely replace the existing County’s industrial F L U classification and zoning with the corresponding City’s industrial F L U and zoning. The subject request is consistent with the C ity’s strong position—set forth in the Comprehensive Plan—in support of retaining and, wherever possible, increasing industrially-designated land. The current use of the property is permitted in the proposed M-1 zoning distric t. Existing nonc onformities, if any, will remain legal and only addressed in the context of future applications for site improvements. Staff considered alternative FLU and zoning designations for the subject site, consistent with the sourrounding properties. Both adjacent retail centers carry the Loc al Retail C ommercial (L RC ) classification; the zoning of Page 858 of 940 the B J ’s is P lanned Commercial D eveloment (c learly not an option here), while the Boynton Plaza is zoned C-3. The LRC F LU classiffication and C -3 zoning would mean downzoning of the property, and making the existing use nonconforming. Moreover, the site’s location and limited accessibility would restrict opportunities for c ommercial development. P otential land assembly with the post office property to the north may create such opportunites in the future. The Planning & Development Board at their September 24, 2019 meeting recommended approval of the requests. H O W W IL L T H IS AFF E C T C IT Y P R O G R AMS O R S E RV IC E S? No impact on programs or services FIS C AL IMPAC T: No fiscal impact ALT E R N ATIV E S: None recommended S TR ATE G IC P LAN: S TR ATE G IC P LAN AP P LIC AT IO N: N/A C L IMAT E AC T IO N: C L IMAT E AC T IO N D IS C U S S IO N: N/A Is this a grant? Grant Amount: AT TAC H ME N TS: Type Description Ordinance Ordinance approving Land Use Amendment for B I RD Property Ordinance Ordinance approving rezoning of B I RD Property Staff Report Staff report Location Map Exhibit A. Location Map Location Map Exhibit C. Proposed Future Land Use Location Map Exhibit B. Current Conditions Location Map Exhibit D. Proposed Zoning Page 859 of 940 C:\Program Files (X86)\Neevia.Com\Docconverterpro\Temp\NVDC\49C8F9B4-4129-42B5-AE68-C5E1ACAD2BE0\Boynton Beach.18633.1.BIRD_Property_LUA_-_Ordinance.Docx ORDINANCE NO. 19- 1 2 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, 3 AMENDING ORDINANCE 89-38 BY AMENDING THE FUTURE 4 LAND USE ELEMENT OF THE COMPREHENSIVE PLAN FOR 5 PROPERTY COMMONLY KNOWN AS BIRD PROPERTY AND 6 DESCRIBED HEREIN, OWNED BY B B & R, LLC., CHANGING 7 THE LAND USE DESIGNATION FROM PALM BEACH COUNTY: 8 INDUSTRIAL (IND) TO: INDUSTRIAL (I); PROVIDING FOR 9 CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE. 10 11 WHEREAS, the City Commission of the City of Boynton Beach, Florida has 12 adopted a City of Boynton Beach Comprehensive Plan and as part of said Plan a Future Land 13 Use Element pursuant to Ordinance No. 89-38 and in accordance with the Local Government 14 Comprehensive Planning Act; and 15 WHEREAS, the procedure for amendment of a Future Land Use Element of a 16 Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed; and 17 WHEREAS, after two (2) public hearings the City Commission acting in its dual 18 capacity as Local Planning Agency and City Commission finds that the amendment 19 hereinafter set forth is consistent with the City’s adopted Comprehensive Plan and deems it 20 in the best interest of the inhabitants of said City to amend the Future Land Use Element 21 (designation) of the Comprehensive Plan as hereinafter provided. 22 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE 23 CITY OF BOYNTON BEACH, FLORIDA, THAT: 24 Section 1: The foregoing WHEREAS clauses are true and correct and incorporated 25 herein by this reference. 26 Section 2: Ordinance No. 89-38 of the City is hereby amended to reflect that the 27 Future Land Use of the following described land: 28 Lot “C” and “D” of Tract 30 of PALM BEACH FARMS COMPANY, PLAT No. 8, 29 according to the Plat thereof, recorded in Plat Book 5, Page 73, of the Public Records 30 of Palm Beach County, Florida. 31 32 33 is amended from Palm Beach County: Industrial (IND) to: INDUSTRIAL (I). 34 Section 3: This Ordinance shall take effect on adoption, subject to the review, challenge, 35 or appeal provisions provided by the Florida Local Government Comprehensive Planning and 36 Page 860 of 940 C:\Program Files (X86)\Neevia.Com\Docconverterpro\Temp\NVDC\49C8F9B4-4129-42B5-AE68-C5E1ACAD2BE0\Boynton Beach.18633.1.BIRD_Property_LUA_-_Ordinance.Docx Land Development Regulation Act. No party shall be vested of any right by virtue of the 37 adoption of this Ordinance until all statutory required review is complete and all legal challenges, 38 including appeals, are exhausted. In the event that the effective date is established by state law 39 or special act, the provisions of state act shall control. 40 FIRST READING this _____ day of _______________, 2019. 41 SECOND, FINAL READING and PASSAGE this _____ day of ___________, 2019. 42 CITY OF BOYNTON BEACH, FLORIDA 43 YES NO 44 45 46 Mayor – Steven B. Grant _____ _____ 47 48 Vice Mayor – Justin Katz _____ _____ 49 50 Commissioner – Mack McCray _____ _____ 51 52 Commissioner – Christina L. Romelus _____ _____ 53 54 Commissioner – Ty Penserga _____ _____ 55 56 VOTE ______ 57 ATTEST: 58 59 60 _____________________________ 61 Crystal Gibson, MMC 62 City Clerk 63 64 65 (Corporate Seal) 66 67 Page 861 of 940 C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\795FCBBB-CAB6-4BA4-95EF-89F7EAF10144\Boynton Beach.18634.1.BIRD_Property_-_Rezone_-_Ordinance.docx ORDINANCE NO. 19- 1 2 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, 3 AMENDING ORDINANCE 02-013 TO REZONE A PARCEL OF 4 LAND DESCRIBED HEREIN AND COMMONLY REFERRED TO AS 5 BIRD PROPERTY FROM PALM BEACH COUNTY: LIGHT 6 INDUSTRIAL DISTRICT (IL) TO M-1 LIGHT INDUSTRIAL 7 DISTRICT; PROVIDING FOR CONFLICTS, SEVERABILITY, AND 8 AN EFFECTIVE DATE. 9 10 WHEREAS, the City Commission of the City of Boynton Beach, Florida has adopted 11 Ordinance No. 02-013, in which a Revised Zoning Map was adopted for said City; and 12 WHEREAS, the City has made application to rezone land, said land being more 13 particularly described hereinafter, from Palm Beach County: Light Industrial District (IL) to 14 M-1 LIGHT INDUSTRIAL DISTRICT; and 15 WHEREAS, the City Commission conducted public hearings as required by law and 16 heard testimony and received evidence which the Commission finds supports a rezoning for the 17 property hereinafter described; and 18 WHEREAS, the City Commission deems it in the best interests of the inhabitants of 19 said City to amend the aforesaid Revised Zoning Map as hereinafter set forth. 20 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 21 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 22 Section 1. The foregoing Whereas clauses are true and correct and incorporated 23 herein by this reference. 24 Section 2. The land herein described be and the same is hereby rezoned from Palm 25 Beach County: Light Indistrial District (IL) to M-1 LIGHT INDUSTRIAL DISTRICT. A 26 location map is attached hereto as Exhibit “A” and made a part of this Ordinance by reference. 27 Legal Description: 28 Lot “C” and “D” of Tract 30 of PALM BEACH FARMS COMPANY, PLAT No. 8, 29 according to the Plat thereof, recorded in Plat Book 5, Page 73, of the Public Records 30 of Palm Beach County, Florida. 31 32 Section 3. That the aforesaid Revised Zoning Map of the City shall be amended 33 accordingly. 34 Section 4. All ordinances or parts of ordinances in conflict herewith are hereby repealed. 35 Page 862 of 940 C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\795FCBBB-CAB6-4BA4-95EF-89F7EAF10144\Boynton Beach.18634.1.BIRD_Property_-_Rezone_-_Ordinance.docx Section 5. Should any section or provision of this Ordinance or any portion thereof be 36 declared by a court of competent jurisdiction to be invalid, such decision shall not affect the 37 remainder of this Ordinance. 38 Section 6. This ordinance shall become effective immediately upon passage. 39 FIRST READING this _____ day of _______________, 2019. 40 SECOND, FINAL READING and PASSAGE this _____ day of ___________, 2019. 41 CITY OF BOYNTON BEACH, FLORIDA 42 YES NO 43 44 Mayor – Steven B. Grant _____ _____ 45 46 Vice Mayor – Justin Katz _____ _____ 47 48 Commissioner – Mack McCray _____ _____ 49 50 Commissioner – Christina L. Romelus _____ _____ 51 52 Commissioner – Ty Penserga _____ _____ 53 54 VOTE ______ 55 ATTEST: 56 57 58 _____________________________ 59 Crystal Gibson, MMC 60 City Clerk 61 62 63 64 (Corporate Seal) 65 Page 863 of 940 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 19-021 STAFF REPORT TO: Chair and Members Planning and Development Board THRU: Ed Breese Planning and Zoning Administrator FROM: Hanna Matras, Senior Planner DATE: September 11, 2019 PROJECT: Bird Property LUAR 19-004 REQUEST: Approve the annexed BIRD Property Future Land Use Map Amendment from the Palm Beach County’s Industrial (IND) classification to the City’s Industrial (I) classification and Rezoning from the Palm Beach County’s Light Industrial District (IL) to the City’s M-1 Light Industrial District. City-initiated. _____________________________________________________________________ PROJECT DESCRIPTION Property Owner: B B & R LLC Applicant: City-initiated Location: 125 NW 31st Terrace South (Exhibit “A”) Existing Land Use/ Zoning: Palm Beach County: Industrial (IND)/ Light Industrial District (IL) Proposed Land Use/ Zoning: Industrial (I)/ M-1 Light Industrial District Acreage: 1.89 acres Page 864 of 940 Page 2 BIRD Property LUAR 19-004 2 Adjacent Uses: North: U.S Postal Service facility, classified Public & Private Governmental/ Insitutional and zoned PU, Public Usage; South: Vacant parcel owned by School Board of Palm Beach County; farther south, Congress Middle School; both properties classified Low Density Residential (LDR) and zoned PU, Public Usage; East: Right-of-way for 31st Terrace; farther east developed commercial property (Boynton Plaza, anchored by Publix), classified Local Retail Commercial (LRC) and zoned C-3, Community Commercial; and West: Developed commercial property (BJ’s Wholesale Club), classified Local Retail Commercial (LRC) and zoned PCD, Planned Commercial Development. BACKGROUND The 1.89 acre site is currently developed with two small warehouses but predominantly used for an outdoor storage of boats, RVs and other motor vehicles. Prior to October of 2010, the site was one of the two parcels—the other being a Palm Beach County School District property—occupying a small Palm Beach County enclave. After the School District’s parcel was annexed on October 5th, the City invoked regulations of Section 171.046, F.S., to execute an Interlocal Agreement (ILA) with Palm Beach County for the final elimination of the enclave through annexation of the subject property . Since the annexation was City-initiated, the land use amendment and rezoning was not required to be processed concurrently and was postponed to a later date. Initially, the postponement was due to the City’s interpretation of regulations included in Chapter 381.00655, F.S., pertaining to a property owner’s obligation to connect onsite sewage treatment system to an available publicly owned sewerage system. The City’s sewer service was available for connection prior to annexation, but the cost would have been, at that time, a significant financial burden on the owner who faced revenue losses in the aftermath of the “great recession.” Presently, a connection to the City’s sewer service is not a requirement for the property’s reclassification and rezoning from the County’s to the City’s future land use and zoning categories. The connection will be reconsidered upon application for site improvements in the future (none are currently planned). The Industrial (I) future land use and the M-1 zoning district proposed for the property follow the initial recommendation considered at the time of annexation and stemming from the City’s strong position in support of increasing the industrial land supply. Page 865 of 940 Page 3 BIRD Property LUAR 19-004 3 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.B 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. The subject request does not propose a change in the type of the future land use and zoning designations of the property as they would remain industrial; it merely replaces the County’s with the City’s FLU category and zoning district. 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. Comprehensive Plan Retaining industrial FLU classification and industrial zoning on the site is consistent with the Comprehensive Plan policies. Starting in the year 2000, the City begin to loose industrial/heavy commercial land as the booming housing market supported numerous conversions of land with industrial and commercial designations to residential uses. Between 2000 and 2006, some 135 acres lost their industrial designation, not including Quantum, which retained the designation although a large percentage of its acreage has been converted to uses other than industrial. In 2014, in response to this trend, the City amended the Comprehensive Plan’s Future Land Use Element by adding several policies promoting preservation and expansion of industrial lands to support employment opportunities and diversification of the tax base. These Policies included: Policy 1.17.1 The City shall continue to review the Land Development Regulations to improve approval processes and to remove unnecessary hurdles hindering industrial and commercial uses that create jobs, contribute to the tax base, and accommodate market trends. Policy 1.17.2 The City shall preserve industrial land for industrial and job-generating purposes; will work to ensure these sites are utilized to their full potential as development and redevelopment occurs, and will encourage private Page 866 of 940 Page 4 BIRD Property LUAR 19-004 4 investment through targeted incentives. Policy 1.17.3 The City shall monitor the amount of land available for industrial/commercial development and, by the end of 2017, review the Future Land Use and Official Zoning maps for recommendations pertaining to current location and potential expansion of industrial and commercial districts. Policy 1.17.4 Future redevelopment plans for areas outside of the CRA shall ensure that any loss of land with industrial or general commercial designations through a recommended reclassification to other uses will be offset by expansion of such land in other locations. Policy 1.17.6 The City shall continue to apply Economic Development Benefits review criteria to all rezoning and Future Land Use Map amendment requests to limit the conversion of industrial and commercial land to other uses. Policy 1.17.7 The City shall restrict the non-industrial use of industrial lands to uses that are of a type, size and number so as to be complementary to industrial activities, and that do not deplete the supply of industrial land, and do not create potential land use conflicts with industrial activities. Land Development Regulations The current use of the property is permitted in the proposed M-1district. Existing nonconformities, if any, will remain legal and only addressed in the context of future applications for site improvements. 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. As stated in criterion “a,” the subject request would merely replace the existing County’s industrial future land use classification and zoning with the corresponding City’s industrial FLU and zoning.Therefore—arguably—it would retain, rather than create, an isolated zoning district and land use classification. The land use pattern in adjacent and nearby areas is eclectic in that it incoporates large retail developments (BJ’s and Boynton Plaza), institutional uses (postal service facility and the Congress Middle School), as well as a Stoneheven residential community. The school parcel adjacent to the property is currently vacant; in any case, given that the only access to the subject property is through 31st Terrace South, potential traffic generated by any future use should not be a major concern to the school. Moreover, projects would require adequate screening. Page 867 of 940 Page 5 BIRD Property LUAR 19-004 5 Staff considered alternative FLU and zoning designations for the subject site, consistent with the sourrounding properties. Both adjacent retail centers carry the Local Retail Commercial (LRC) classification; the zoning of the BJ’s is Planned Commercial Develoment (clearly not an option here), while the Boynton Plaza is zoned C-3. The LRC FLU classiffication and C-3 zoning would mean downzoning of the property, and making the existing use nonconforming. Moreover, the site’s location and limited accessibility would restrict opportunities for commercial development. Potential land assembly with the post office property to the north may create such opportunites in the future. 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. N/A—the request does not meet any of the three sustainability criteria . d. 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. Availability of public services was reviewed at the time of annexation. The City provides water service to the property; the sanitary sewer service is not provided but readily available as the lift station for the sewer is located by the northeast corner of the property. The owners would be responsible for the on-site improvements for the connection. e. 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. See responses to criteria “a” and “c.” The subject request would replace the County’s industrial FLU and zoning designations with the corresponding City’s industrial FLU classification and zoning district. The amendments are unlikely to affect property values in the surrounding area. g. Economic Development Impact Determination for Conventional Zoning Districts. For rezoning/FLUM amendments involving rezoning to a conventional zoning district, the review shall consider whether the proposal would further Economic Page 868 of 940 Page 6 BIRD Property LUAR 19-004 6 Development Program, but also determine whether the proposal would: (1) Represent a potential decrease in the possible intensity of development, given the uses permitted in the proposed land use category and/or zoning district; and (2) Represent a potential decrease in the number of uses with high probable economic development benefits. The request aims at protecting industrially designated land (see response to criterion “b”). It does not affect intensity of development or decrease the number of uses with potential economic development benefits. 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. See response to criterion “g” above. The proposed FLU amendment/rezoning retain industrial land. Alternative Sites. Whether there are adequate sites elsewhere in the City for the proposed use in zoning districts where such use is already allowed. The criterion does not apply. i. 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 III and the site development standards of Chapter 4. No plans for the property improvements have been submitted since the annexation approval. CONCLUSION/RECOMMENDATION As indicated herein, staff has reviewed the proposed FLU amendment and rezoning and Page 869 of 940 Page 7 BIRD Property LUAR 19-004 7 determined that the request is consistent with the policies of the Comprehensive Plan and meets the review criteria for the subject applications. Therefore, staff recommends approvals of the subject requests. S:\Planning\SHARED\WP\PROJECTS\Bird 31st Terr S\LUAR 19-004\LUAR 19-004 Bird Staff Report 6_27.docx Page 870 of 940 N Congress Ave31st Ter SW B o y n t o n B e a c h B l v d S Congress Ave0 0.03 0.06 0.090.015 Miles ¯ SITE LOCATION MAP EXHIBIT A Page 871 of 940 N Congress Ave31st Ter SW B o y n t o n B e a c h B l v d 0 0.03 0.06 0.090.015 Miles ¯ BIRD PRO PERTY: PROPOSED FLU EXHIBIT C Le gend LOW DENSITY RESIDENTIAL (LDR), 7.5 D.U./Acre LOCAL RETAIL COMMERCIAL (LRC) INDUSTRIAL (I) PUBLIC & PRIVATE GOVERNMENTAL/INSTITUTIONAL (PPGI) MEDIUM DENSITY RESIDENTIAL (MEDR), 11 D.U./Acre LDR LRCLRC LRC PPGI ProposedIndustrial (I) Page 872 of 940 31st Ter S0 0.01 0.02 0.030.0 05 Miles ¯ EXISTING SITE CONDITIONS EXHIBIT B Page 873 of 940 N Congress Ave31st Ter SW B o y n t o n B e a c h B l v d 0 0.03 0.06 0.090.015 Miles ¯ BIRD PRO PERTY: PROPOSED ZONINGEXHIBIT D PU C3PCD C3 PU Pr oposedIndustrial (M-1) PCD PUD PUD Planned Unit Development C3 Community Commercial PCD Planned Commercial Development PU Public Usage M1 Industrial R3 Multi Family, 11 du/ac LEGEND Page 874 of 940 8.A. C I TY MA NA GE R’S RE P ORT 10/15/2019 CIT Y OF BOY NTON BEACH AG ENDA I TEM REQUEST F ORM C O MMIS S IO N ME E T IN G D ATE: 10/15/2019 R E Q U E S TE D AC T IO N B Y C O MMIS S IO N: Provide a brief update on the Art in Public Places program. E X P LAN ATIO N O F R E Q U E S T: By visually navigating the City Commissioners through the highlights of Art in Public Places web pages on the City web site, they will see the program and projects that are posted and can pursue further on their own. https://www.boynton-beach.org/public-art H O W W IL L T H IS AFF E C T C IT Y P R O G R AMS O R S E RV IC E S? Provide a quick reference for all Public Art programs and projects including additional references to find specific details about these programs and projects. The web tour will consist of: A landing page that states mission, purpose, vision and success Tours & Events that link to all City activities Exhibit Page that has more information about the Avenue the Arts Public Art Project listings for: 1. Town Square public art projects 2. Map and listing for all development and private projects though out the City by regions. 3. I nternational Kinetic Art Biennial event I nformation about the Art in Public Places program for developers and the Public I nformation on how the public can volunteer for the program. FIS C AL IMPAC T: Budgeted The Art in Public Places program: Supports local jobs Brands the City Attracts cultural tourism Supports the local economy Creates a sense of place ALT E R N ATIV E S: Decline to hear a brief update on the Art in Public Places program. S TR ATE G IC P LAN: Redevelop Downtown, Building W ealth in the Community, Boynton Beach Branding S TR ATE G IC P LAN AP P LIC AT IO N: Develop Downtown: The Art in Public Places projects and programs connect the City of Boynton Beach's art and cultural to the global community. Building Wealth in the Community: I s met through the Art in Public Places merging local artist public art program and hiring local companies to maintain, install and fabricate public art. Boynton Beach Branding: The public art projects, events and programs deliver unique experiences that Page 875 of 940 differentiate Boynton Beach from other Cities locally, nationwide and internationally. C L IMAT E AC T IO N: No C L IMAT E AC T IO N D IS C U S S IO N: Is this a grant? Grant Amount: Page 876 of 940 10.A. NE W B US I NE S S 10/15/2019 CIT Y OF BOY NTON BEACH AG ENDA I TEM REQUEST F ORM C O MMIS S IO N ME E T IN G D ATE: 10/15/2019 R E Q U E S TE D AC T IO N B Y C O MMIS S IO N: Approve the request of Mayor Grant to distribute $200 of his Community Support Funds to Smith Smiles, I nc. E X P LAN ATIO N O F R E Q U E S T: Mayor Grant requests to distribute $200.00 of his Community Support Funds to Smith Smiles, I nc. The organization purchases new toys, crafts, books, D V Ds, dolls, puzzles, etc. for children healing in the hospital. Hospitals use these items for child life services, to stock playrooms and for programs in their facilities. Visit smithsmiles.org for more information. H O W W IL L T H IS AFF E C T C IT Y P R O G R AMS O R S E RV IC E S? N/A FIS C AL IMPAC T: Community Support Funds of $2,000 for each Commission member were approved in the 2019/2020 budget. ALT E R N ATIV E S: S TR ATE G IC P LAN: S TR ATE G IC P LAN AP P LIC AT IO N: N/A C L IMAT E AC T IO N: C L IMAT E AC T IO N D IS C U S S IO N: N/A Is this a grant? Grant Amount: AT TAC H ME N TS: Type Description Attachment Community Support Funds Request Form Page 877 of 940 Page 878 of 940 10.B. NE W B US I NE S S 10/15/2019 CIT Y OF BOY NTON BEACH AG ENDA I TEM REQUEST F ORM C O MMIS S IO N ME E T IN G D ATE: 10/15/2019 R E Q U E S TE D AC T IO N B Y C O MMIS S IO N: Approve the request of Commissioner Penserga to distribute $1,000 of his Community Support Funds to Citrus Cove Elementary. E X P LAN ATIO N O F R E Q U E S T: Commissioner Penserga requests to distribute $1,000 of his Community Support Funds to Citrus Cove Elementary for a reading/phonics program called W ilson Fundations. H O W W IL L T H IS AFF E C T C IT Y P R O G R AMS O R S E RV IC E S? N/A FIS C AL IMPAC T: Community Support Funds of $2,000 for each Commission member were approved in the 2019/2020 budget. ALT E R N ATIV E S: S TR ATE G IC P LAN: S TR ATE G IC P LAN AP P LIC AT IO N: N/A C L IMAT E AC T IO N: C L IMAT E AC T IO N D IS C U S S IO N: N/A Is this a grant? Grant Amount: AT TAC H ME N TS: Type Description Attachment Community Support Funds Request Form Page 879 of 940 Page 880 of 940 10.C. NE W B US I NE S S 10/15/2019 CIT Y OF BOY NTON BEACH AG ENDA I TEM REQUEST F ORM C O MMIS S IO N ME E T IN G D ATE: 10/15/2019 R E Q U E S TE D AC T IO N B Y C O MMIS S IO N: Approve the request of Commissioner Penserga to distribute $1,000 of his Community Support Funds to Freedom Shores Elementary. E X P LAN ATIO N O F R E Q U E S T: Commissioner Penserga requests to distribute $1,000 of his Community Support Funds to Freedom Shores Elementary to be used to pay off student lunch debt. H O W W IL L T H IS AFF E C T C IT Y P R O G R AMS O R S E RV IC E S? N/A FIS C AL IMPAC T: Community Support Funds of $2,000 for each Commission member were approved in the 2019/2020 budget. ALT E R N ATIV E S: S TR ATE G IC P LAN: S TR ATE G IC P LAN AP P LIC AT IO N: N/A C L IMAT E AC T IO N: C L IMAT E AC T IO N D IS C U S S IO N: N/A Is this a grant? Grant Amount: AT TAC H ME N TS: Type Description Attachment Community Support Funds Request Form Page 881 of 940 Page 882 of 940 11.A. LE GA L 10/15/2019 CIT Y OF BOY NTON BEACH AG ENDA I TEM REQUEST F ORM C O MMIS S IO N ME E T IN G D ATE: 10/15/2019 R E Q U E S TE D AC T IO N B Y C O MMIS S IO N: P R O P O S E D R E S O LU TIO N N O. R19-115 - Authorize Mayor to sign a non-exclusive ground lease with FH Quantum, L L C to construct a parking lot for Quantum Eco Park to serve the parking requirements for a 60 acre park. E X P LAN ATIO N O F R E Q U E S T: The owners of 3301 Quantum Blvd approached the City to construct a parking lot on City property to serve the proposed Quantum Eco Park to facilitate additional growth of the tenant located in 3301 Quantum Blvd. The Quantum Park Overlay Development District (QP OD D) has been planning a park development project for both the City property and the QP OD D property. W ith the transfer of QP OD D assets to the City, the City can develop a 60 acre passive park for the surrounding neighborhoods. The QP OD D has approved a budget to set aside funds to develop this park which will include passive hiking trails, shelters, canoe and kayak launching points and restoration of the sand pine environmental community and associated infrastructure including parking and restrooms. The non-exclusive ground lease will allow the private owner of 3301 Quantum Blvd to partner with the City to fund and construct parking and associated infrastructure for the park. The agreement will allow the owners to use a portion the parking during the week to expand the medical industry business. H O W W IL L T H IS AFF E C T C IT Y P R O G R AMS O R S E RV IC E S? This will provide the required parking for the new eco-park utilizing private funds. The developer will use 75% of the spaces during the business day to allow an expansion of the medical industry business located at 3301 Quantum Blvd. The remaining spaces will be available for park patrons during the business day and all spaces will be available for weekend visitors which is the peak visitor time frame for this type of park. FIS C AL IMPAC T: Non-budgeted There is no fiscal impact to the City at this time. ALT E R N ATIV E S: Deny the use of the parking and fund the required parking with City funds. S TR ATE G IC P LAN: S TR ATE G IC P LAN AP P LIC AT IO N: C L IMAT E AC T IO N: No C L IMAT E AC T IO N D IS C U S S IO N: Page 883 of 940 Is this a grant? No Grant Amount: AT TAC H ME N TS: Type Description Resolution Resolution approving the Ground Lease Agreement with FH Quantum for parking Lot Exhibit Conceptual Park Plan Agreement Ground Lease Agreement Page 884 of 940 C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\4A51687D-359C-477B-B6DB-ABD29E976EAD\Boynton Beach.18617.1.Ground_Lease_Agreement_with_FH_Quantum-_Reso.docx RESOLUTION NO. R19- 1 2 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 3 FLORIDA, APPROVING AND AUTHORIZING THE MAYOR TO 4 SIGN A NON-EXCLUSIVE GROUND LEASE WITH FH 5 QUANTUM, LLC., TO CONSTRUCT A PARKING LOT FOR 6 QUANTUM ECO PARK TO SERVE THE PARKING 7 REQUIREMENTS FOR A 60 ACRE PARK.; AND PROVIDING AN 8 EFFECTIVE DATE. 9 10 WHEREAS, the owners of 3301 Quantum Blvd approached the City to construct a 11 parking lot on City property to serve the proposed Quantum Eco Park to facilitate additional 12 growth of the tenant located in 3301 Quantum Blvd.; and 13 WHEREAS, the Quantum Park Overlay Development District (QPODD) has been 14 planning a park development project for both the City property and the QPODD property and 15 the QPODD has approved a budget to set aside funds to develop this park which will include 16 passive hiking trails, shelters, canoe and kayak launching points and restoration of the sand 17 pine environmental community and associated infrastructure including parking and restrooms; 18 and 19 WHEREAS, this Ground Lease Agreement will provide the required parking for the 20 new eco-park utilizing private funds and the developer will use 75% of the spaces during the 21 business day to allow an expansion of the medical industry business located at 3301 Quantum 22 Blvd., while the remaining spaces will be available for park patrons during the business day 23 and all spaces will be available for weekend visitors which is the peak visitor time frame for 24 this type of park; and 25 WHEREAS, the City Commission has determined that it is in the best interests of the 26 residents of the City to approve and authorize the Mayor to sign Ground Lease Agreement 27 with FH Quantum LLC, to construct a parking lot for Quantum Eco Park to serve the parking 28 Page 885 of 940 C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\4A51687D-359C-477B-B6DB-ABD29E976EAD\Boynton Beach.18617.1.Ground_Lease_Agreement_with_FH_Quantum-_Reso.docx requirements for a 60 acre park. 29 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 30 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 31 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 32 being true and correct and are hereby made a specific part of this Resolution upon adoption 33 hereof. 34 Section 2. The City Commission does hereby approve and authorize the Mayor to 35 sign a Ground Lease Agreement with FH Quantum LLC, to construct a parking lot for 36 Quantum Eco Park to serve the parking requirements for a 60 acre park, a copy of the Ground 37 Lease Agreement is attached hereto as Exhibit “A”. 38 Section 3. This Resolution shall become effective immediately upon passage. 39 40 PASSED AND ADOPTED this _____ day of ___________, 2019. 41 CITY OF BOYNTON BEACH, FLORIDA 42 YES NO 43 44 Mayor – Steven B. Grant _____ _____ 45 46 Vice Mayor – Justin Katz _____ _____ 47 48 Commissioner – Mack McCray _____ _____ 49 50 Commissioner – Christina L. Romelus _____ _____ 51 52 Commissioner – Ty Penserga _____ _____ 53 54 VOTE ______ 55 ATTEST: 56 57 _____________________________ 58 Crystal Gibson, MMC 59 City Clerk 60 61 62 (Corporate Seal) 63 Page 886 of 940 MINER ROAD QUANTUM PARK BLVD SUBJECT TO CITY OF BOYNTON BEACH REVIEW PARKING SPACES: TOTAL : 20 REGULAR : 18 HANDICAP :2 SUBJECT TO CITY OF BOYNTON BEACH REVIEW PARKING SPACES: TOTAL : 200 REGULAR : 195 HANDICAP :5 NORTH Know what'sbelow.Callbefore you dig. CALL 2 WORKING DAYS BEFORE YOU DIG IT'S THE LAW! DIAL 811 SUNSHINE STATE ONE CALL OF FLORIDA, INC. Know what'sbelow.Callbefore you dig. CALL 2 WORKING DAYS BEFORE YOU DIG IT'S THE LAW! DIAL 811 SUNSHINE STATE ONE CALL OF FLORIDA, INC.BOYNTON BEACHECO PARKPARKIMPROVEMENTSEXHIBITOPTION C©Page 887 of 940 GROUND LEASE AGREEMENT This Ground Lease Agreement ("Lease" or "Agreement") is made and executed as of the day of 2019, by and between City of Boynton Beach, Florida, a public body corporate and politic of the State of Florida (hereinafter the "City" or "Lessor") and FH Quantum LLC, a limited liability company established under the laws of the State of Florida (hereinafter "FH Quantum" or "Lessee"). RECITALS: WHEREAS, Lessor is the owner of the Premises (as defined herein below); and WHEREAS, the Lessor desires to lease the Premises to the Lessee and the Lessee desires to let the Premises from the Lessor so that it can build a parking lot and have a non-exclusive right to use the parking as fuither defined below; and WHEREAS, this Lease shall allow for following: (i) the leasing to FH Quantum of the Park Side Lot; and (iD facilitating the approvals, permitting, construction and proper development of the Park Side Lot, all in accordance with all applicable statutes, ordinances, codes, rules and other governmental regulations. NOW THEREFORE, in consideration of the rents and other payments hereinafter agreed to be paid and the mutual covenants and agreements hereinafter set forth and other good and valuable considerations, the receipt and sufficiency of which are hereby acknowledged by both parties hereto, the Lessor and Lessee agree as follows: ARTICLE 1 DB,MISE. DE,SCRIPTI ON AND USE OF'PREMISF],S 1.1 Lessor hereby conveys a non-exclusive leasehold interest to Lessee, and Lessor leases to Lessee, for the purpose of constructing and occupying on a non-exclusive basis a parking lot, in and on the premises situated in the City of Boynton Beach, County of Palm Beach, State of Florida, and more particularly described in Exhibit o'A" attached to and made a part of this Lease (the "Premises" or "Park Side Lot"). 1.2 As used in this Lease, the term "Premises" or "Park Side Lot" refers to the real property above described and to any improvements constructed thereon by Lessee which are located on the property from time to time during the term of this Lease. ARTICLE 2 DEFINITIONS 2.1 Lease Date. The Lease Date of this Lease shall be the date of the last party to execute the Agreement. I Page 888 of 940 2.2 Use. The FH Quantum Use shall be a non-exclusive use of the parking area for not less than _ parking spaces, constructed at the cost and expense of Lessee within the Park Side Lot, as further described herein, subject to the limited right of the general public as further described herein. 2.3 Due Diligence Period. The Due Diligence Period shall be a period commencing on the Lease Date and ending thirty (30) days thereafter. 2.4 Design Development Drawinqs. Design Development Drawings shall be those drawings, applications, information and other materials, whether electronic, paper, or otherwise necessary or appropriate to obtaining all approvals, permits, or other permissions necessary or appropriate to obtaining the FH Quantum Use on the Park Side Lot. ARTICLE 3 TERM The term (the "Term") of this Lease shall be for a period of thirty (30) years, commencing on the date that Lessor takes possession of the Premises as set forth in Article 6 (the "Commencement Date"). Lessee shall be entitled to extend the Term for two (2) additional periods of thirty (30) years (a "Renewal Term"). A Renewal Term shall be automatic unless Lessee delivers written notice to the contrary to the City prior to the expiration of any Term. ARTICLE 4 RENT 4.I Commencing on the Commencement Date, as rental for the lease of the Premises, FH Quantum shall pay to the City, at the City's address set forth in this Lease, or at such other place as the City may from time to time designate in writing, rent in the amount of Ten Dollars ($10.00) per year (the "rent"), payable in advance on the first day of each calendar year occuning from and after the Lease Date, and continuing during the Term, and the Renewal Term (if applicable) of this Lease, until the expiration or termination of this Lease pursuant to the terms hereof. If the Commencement Date shall occur on a date other than the first day of a calendar year, then FH Quantum shall pay rent for such fractional calendar year on a per diem basis (calculated on the basis of a three hundred sixty-five (365) day year) payable on or before the Commencement Date. 4.2 FH Quantum shall not be required to pay any security deposit under this Lease, nor shall FH Quantum have any other monetary obligations, other than the obligation of FH Quantum to pay rent as set forth in this Lease. Notwithstanding the aforementioned provision, in the event the Premises or any portion thereof is assessed for ad valorem real property taxes or subject to any special assessment during the Term or the Renewal Term (if applicable), FH Quantum shall be responsible to pay the real property tax or special assessment within thirty (30) days of FH Quantum's receipt of the tax bill or special assessment statement. The City authorizes FH Quantum to contest any assessment of real estate taxes on behalf of the City, with respect to which contest: (i) the City will cooperate and execute and deliver any documents requested by FH Quantum as may be reasonably required by FH Quantum in respect of -2- Page 889 of 940 processing and implementing any such contest; and (ii) FH Quantum shall reahze the economic benefits of any such contest, which results in a reduction in assessment andlor taxes (whether or not FH Quantum has already paid any tax which is subsequently reduced). ARTICLE 5 WARRANTIIIIS O F TITLE AND OUIET POSSESSION 5.1 Lessor covenants that Lessor is seized of the Premises in fee simple and has full right to make and enter into this Lease and that Lessee shall have quiet and peaceable possession of the Premises during the term of this Lease, subject only to: (a) those matters described in Exhibit (8"and (b) the limitation as to non-exclusive parking spaces as set forth in this Article 5. Lessee acknowledges that neither of the aforesaid matters interfere with or otherwise limit the FH Quantum Use. 5.2 The City intends to develop a public park (the "Public Park") on certain real property located in close proximity to the Premises. Upon completion of the Public Park by the City, Lessee shall make available the parking spaces within the Premises for use by the general public on the following basis: (a) between the weekday hours of 7 AM to 6 PM, ten percent (10%) of the parking spaces shall be available for the use by the general public and ninety percent (90%) of the parking spaces shall be exclusive to the Lessee; and (b) at all other times ninety percent (90%) of the parking spaces shall be available for the use by the general public and ten percent (I0%) of the parking spaces shall be exclusive to the Lessee. For the purposes of determining the exclusivity above, the following shall apply: (x) the parking by the general public shall be limited to those individuals parking vehicles for their use of the Public Park; and (y) the tetm "workday" shall mean every Monday through Friday of each week of the year except for those holidays nationally designated as U.S. Federal holidays on the calendar recognized by the United States Congress annually. ARTICLE 6 DELIVERY OF POSSESSION 6.1 FH Quantum may, commencing as of the Lease Date through the date that is thirty (30) days following the Lease Date (the "Due Diligence Period"), personally or through others, make such inspections, tests and investigations of the Premises (including, by way of example only and not by way of limitation, title, survey, borings and physical samplings, engineering studies, environmental audits, determination of utility locations, soil tests, etc.) as FH Quantum deems necessary or advisable in FH Quantum's sole and absolute discretion to determine the suitability of the Premises for the FH Quantum Use as hereinafter defined (the "Due Diligence" or "Inspections"). If FH Quantum determines that it is not satisfied with the Premises for any reason or no reason whatsoever in FH Quantum's sole and absolute discretion, then FH Quantum may, upon written notice to the City, terminate this Lease at any time prior to the expiration of the Inspection Period. Anything herein to the contrary notwithstanding, FH Quantum may forego all or any portion of the Due Diligence Period and declare that the Commencement Date has commenced. J- Page 890 of 940 6.2 Lessee shall secure such evidence of title as is satisfactory to Lessee and, at the expense of Lessee, cause an examination of such evidence of title to be performed prior to the end of the Due Diligence Period. It is understood and agreed that should such evidence of title or its examination reveal defects or deficiencies in the title to the Property that would render leasehold title to the Properly uninsurable by a responsible title company at regular rates, or impede or limit the FH Quantum Use, then in such event, Lessee shall notiSr City of such defects or deficiencies, and City shall have the option of curing same and closing of this transaction shall be postponed until such deficiencies or defects are cured, but in no event shall closing be postponed for more than thirly (30) days. In the event City elects not to attempt to cure such title defects or deficiencies, or is unable to cure such title defects or deficiencies, then it shall notify Lessee within ten (10) days after receipt of notice of such defect or deficiencies. In such event, Lessee shall have the option of either accepting the leasehold title as it then is and commencing rent, or, in the alternative, Lessee shall have the option of declaring this Agreement canceled by written notice to City, and each parly shall be relieved of any further obligations hereunder. 6.3 Attached hereto as Exhibit ooC" is the survey of the Park Side Lot (the "Survey"). Within ten (10) days after the Lease Date, FH Quantum may cause the Survey to be updated at FH Quantum's sole cost and expense. The Survey shall be certified to the City and FH Quantum. If the Survey shows an encroachment or if the Survey shows a defect which would affect the FH Quantum Use, then within Due Diligence Period, FH Quantum may terminate this Lease as set forth in this Article 6. 6.4 FH Quantum shall submit to the City Design Development Drawings for the FH Quantum Use on the Park Side Lot prior to the end of the Due Diligence Period. The Design Development Drawings shall include but not be limited to a graphic depiction of the parking lot, ingress/egress, open space and other improvements normal and customary for a surface parking lot. The Design Development Drawings shall include a "pad" for public toilet facilities. Anything herein to the contrary notwithstanding, any cost and expense for the installation of public toilet facilities on the pad shall be the obligation and responsibility of the City, including, but not limited to, the cost of any utilities to service such public toilet facilities. 6.5 Upon submission to the City of the Design Development Drawings, the City shall commence a review of all information provided therein. Such Design Development Drawings shall be reviewed and processed by the City pursuant to those ordinances relating to expedited permitting, namely Ordinance No.and those ordinances relating to administrative approval of a site plan, names Ordinance No.The City has reviewed proposed Design Development Drawings prior to the Lease Date and based upon such review, has concluded that both ordinances would apply and the FH Quantum Use is feasible. 6.6 Lessor promises to deliver possession of the Premises to Lessee on the later of: thirty (30) days after the end of the Due Diligence Period or one (1) day after approval of the Design Development Drawings, such date being the Commencement Date of the Lease. -4- Page 891 of 940 6.7 The parties acknowledge that the submission by FH Quantum of the Design Development Drawings and approval of the Development Drawings by the City constitute a Condition Precedent to the Commencement Date of Lease. 6.8 At such times as City and FH Quantum may mutually agree prior to Commencement Date, City shall provide to FH Quantum or to its employees, agents, and contractors: (i) reasonable access to the Premises and to the books, records, and personnel of City relating thereto for the purpose of making any surveys, inspections, or investigations permitted by this Lease; and (ii) such information regarding the Premises as FH Quantum or its employees, agents, and contractors may reasonably request. Further, the City shall provide access to the Premises commensurate to the completion of, and which will allow for, the matters set forth in Article 7 to be carried out and completed in accordance with the terms hereof. ARTICLE 7 INSPECTIONS AND INVESTIGATIONS 7.1 Inspections and Investigations. FH Quantum, at its sole expense, shall have the right to perfotm such inspections and investigations on or with respect to the Premises as FH Quantum shall deem to be reasonably necessary or desirable in' order to determine the existence of any facts or conditions with respect to the Premises that could adversely affect its suitability for the FH Quantum Use or impose any unintended liability on FH Quantum as the Lessee thereof under any law. Such inspections and investigations may address, without limitation, the following matters: (i) the availability of utilities and of permits, licenses, variances, and other govemmental approvals necessary for the development and use of the Premises; (ii) the physical characteristics of the Premises; and (iiD the compliance of the Premises with environmental, zoning, subdivision, or other laws. If FH Quantum shall determine, in its sole discretion, that any facts or conditions exist with respect to the Premises that render the Premises unsuitable for its intended use or that could impose unintended liability on FH Quantum as the owner thereof, then, on or before the expiration of the Due Diligence Period, FH Quantum may deliver written notice to City either: (a) electing to terminate this Lease with no further liability to either party; or (b) describing the conditions of the Premises that render the Premises unsuitable for FH Quantum Use or which can impose unintended liability on FH Quantum, in which case, upon receipt of such notice, the City may elect either: (1) to terminate this Lease with no further liability to either party; or (2) within thirty (30) days after receipt of FH Quantum's notice, cure such conditions to FH Quantum's reasonable satisfaction. ARTICLE 8 CONSTRUCTION 8.1 After the end of the Due Diligence Period, City grants the right to FH Quantum to remove fill from such areas as designated by the Premises in the event the City has not already done so. Such fill removed shall be at FH Quantum's cost and expense. Pursuant to those ordinances relating to expedited permitting, namely Ordinance No. _, the City shall review the permits necessary to allow for removal and relocation of the fill with all reasonable speed so as to allow such removal and relocation to occur timely. -5- Page 892 of 940 8.2 After the end of the Due Diligence Period, the City shall remove such vegetation, including trees, which are required to be saved in accordance with approved mitigation requirements as disclosed in the Design Development Drawings. Such removal of vegetation, including trees, shall be at the sole cost and expense of the City. Pursuant to those ordinances relating to expedited permitting, namely Ordinance No. _, the City shall review the permits necessary to allow for the removal and relocation of the vegetation, including trees, with all possible speed so as to allow such removal and relocation to occur timely. 8.3 After the end of the Due Diligence Period, FH Quantum shall submit a grubbing and foundation permit for the Park Side Lot pursuant to the Design Development Drawings. Pursuant to those ordinances relating to expedited permitting namely Ordinance No. _, the City shall review the permits necessary to allow for the grubbing and construction of the foundation on the Park Side Lot with all reasonable speed so as to allow such grubbing and foundation construction to occur immediately upon closing. 8.4 After the Commencement Date, FH Quantum shall construct the improvements on the Park Side Lot pursuant to the approved Design Development Drawings except as to public toilet facilities as described in Article 6. The construction shall be completed by the later of: (a) one (1) year after final approval of the Design Development Drawings by the City or (b) two (2) years after the Commencement Date. In connection with the design and construction of the Park Side Lot, FH Quantum shall be responsible for all supervision and construction. The parties agree that no utility facilities are necessary to allow for the FH Quantum Use except inigation for landscaping and the City has no knowledge of any utility easements or utility improvements within the Premises. Accordingly, except for irrigation for landscaping, any cost and expenses for the installation of utilities, such as but not limited to sewer, potable water and lighting, shall be the obligation of the City. 8.5 FH Quantum shall be given the right for obtaining any and all required permits and licenses which may be required for such signs on the Park Side Lot after the Commencement Date, so long as all signs shall be in full compliance with all city codes and ordinances. 8.6 The City hereby grants such temporary rights to FH Quantum to go on the Premises and caruy out such portions of Article 8 as are applicable after the end of the Due Diligence Period and up to and through the Commencement Date. ARTICLE 9 ENCUMBRANCE OF''S LEASEHOLD INTEREST Lessee may encumber by mortgage, or other instrument, its leasehold interest and estate in the Premises, together with all buildings and improvements owned or placed by Lessee on the Premises, as security for any indebtedness of Lessee. -6- Page 893 of 940 ARTICLE 10 SIIRI,E,TTING A ASSIGNMBNT Lessee may not sublease, assign or transfer this Lease, or any part of the Premises, or any interest in this Lease without the prior, express, and written consent of Lessor. ARTICLE 11 NOTICES In order for a notice to a party to be effective under this Lease, notice must be (i) personally delivered with receipt thereof, (ii) sent via U.S. first-class mail with receipt thereof, or (iii) via e-mail to the addresses listed below with request for electronic receipt from receiving party. Notice shall be effective upon delivery, mailing or email so long as receipt is requested. The addresses for notice shall remain as set forth herein unless and until changed by providing notice of such change in accordance with the provisions of this Article 11. FH Quantum: Managing Member FH Quantum LLC Address:c/o Joshua W. Schrager 200 South Park Road, Suite 425 Hollywood,FL 33021 Email:josh@lienbase.com with a copy to Michael S. Weiner, Esq. Sachs Sax Caplan, PL 6111 Broken Sound Parkway NW, Suite 200 Boca Raton,FL 33487 Email:mweiner@ssclawfi rm.com For the City:Lori LaVerriere City Manager City of Boynton Beach 100 E. Boynton Beach Blvd. P.O. Box 310 Boynton Beach, FL 33425-0310 Email:LaVerrierel@bbfl.us -7- Page 894 of 940 with a copy to:James Cherof, Esq. City Attorney's Office City of Boynton Beach 100 E. Boynton Beach Blvd. P.O. Box 310 Boynton Beach, FL 33425-0310 Email i cherof@ cit)'attv. com ARTICLE 12 UTILITIES Lessor shall fully and promptly pay all water, gas, heat, light, power, telephone service, and other public utilities of every kind furnished to the Premises throughout the term of this Lease, and all other costs and expenses of every kind whatsoever of or in connection with the use, operation, and maintenance of the Premises and all activities conducted on the Premises, and Lessor shall have no responsibility of any kind for any such utilities. ARTICLE 13 REPAIRS AND DESTRUCTION OF IMPROVEMENTS 13.1 Except as otherwise provided, Lessor shall, during the term of this Lease, at its own cost, and without any expense to Lessee, keep and maintain the Premises, including all improvements of every kind that may be a part of the Premises, and all appurtenances to the Premises, including sidewalks adjacent to the Premises, in good, sanitary, and neat order, condition and repair, and Lessor shall, except as specifically provided in this Lease, restore and rehabilitate any improvements of any kind that may be destroyed or damaged by fire, casualty, or any other cause whatsoever. 13.2 Lessee shall not be obligated to make any repairs, replacements, or renewals of any kind, nature, or description, whatsoever to the Premises or any buildings or improvements on the Premises unless attributable to the negligence of Lessee or any of its employees, agents, representatives or invitees. 13.3 In case of damage to or destruction of any such improvement, Lessor shall, at its own expense, promptly repair and restore same to a condition as good or better than that which existed prior to the damage or destruction. ARTICLE 14 MAINTENANCE ANI)CE OF PREMISES Lessor, at its expense, shall maintain the parking area, landscaping, and all other parls of the Premises visible from the surrounding streets in a condition consistent with the sunounding area. Lessor shall also pay all fees due any owners' or similar association within which the Premises may be located. -8- Page 895 of 940 ARTICLE 15 INDEMNIFICATION TO LESSOR Lessor shall not be liable for any loss, injury, death, or damage to persons or property that at any time may be suffered or sustained by Lessee or by any person whosoever may at any time be using or occupying or visiting the Premises or be in, on, or about the Premises, whether the loss, injury, death, or damage shall be caused by or in any way result from or arise out of any act, omission, or negligence of Lessee or of any occupant, subtenant, visitor, or user of any portion of the Premises, or shall result from or be caused by any other matter or thing whether of the same kind as or of a different kind than the matters or things above set forth. Lessee shall indemnify Lessor against any and all claims, liability, loss, or damage whatsoever on account of any such loss, injury, death, or damage. Lessee waives all claims against Lessor for damages to the building and improvements that are now on or hereafter placed or built on the Premises or about the Premises, and or injuries to persons or property in or about the Premises, from any cause arising at any time. The two preceding sentences shall not apply to loss, injury, death, or damage to persons or property arising by reason of the negligence or misconduct of Lessor, its agents, or employees. ARTICLE 16 ATTORNEY F'EES If any action at law or in equity shall be brought to recover any rent under this Lease, or for or on account of any breach of, or to enforce or interpret any of the covenants, terms, or conditions of this Lease, or for the recovery of the possession of the Premises, the prevailing party shall be entitled to recover from the other party all costs associated therewith and a reasonable attorney fee, the amount of which shall be fixed by the court and shall be made apart of any judgment or decree rendered. ARTICLE 17 RE.DELIVERY OF PREMISES Lessee shall pay the rent and all other sums required to be paid by Lessee under this Lease in the amounts, at the times, and in the manner provided in this Lease, and shall keep and perform all the terms and conditions on its part to be kept and performed. At the expiration or earlier termination of this Lease, Lessee shall peaceably and quietly quit and surrender to Lessor the Premises in good order and condition subject to ordinary wear and tear and to the other provisions of this Lease. ARTICLE 18 REMEDIES CUMULATIVE All remedies confered on Lessor and Lessee in this Lease shall be deemed cumulative and no one exclusive of the other, or of any other remedy conferred by law. -9- Page 896 of 940 ARTICLE 19 INSURANCE Lessee shall maintain in effect throughout the term of this Lease personal injury liability insurance covering the Premises for injury to or death of any number of persons. Lessee shall pay all of the premiums for insurance and deliver policies or certificates of insurance to Lessor. In spite of anything to the contrary contained in this Article 19, Lessee's obligations to cary the insurance provided for in this Article 19 may be brought within the coverage of a so-called blanket policy or policies of insurance carried and maintained by Lessee. ARTICLE 20 NOTICE OF DEFAULT On the occurrence of an Event of Default as described in Article 21, Lessee shall not be deemed to be in default under this Lease unless Lessor shall first give to Lessee written notice of the default, and Lessee fails to cure the default within ten (10) days after receiving the written notice. If Lessor fails to cure such defaults within the ten (10) day cure period, then Lessee shall have the remedies set forth in Article22. ARTICLE 2I EVENT OF DEFAULT BY LESSEE If Lessee shall fail in its performance of any of the other terms, conditions and covenants of this Lease or otherwise is in breach of this Lease, such event shall be an Event of Default. If Lessee is in default as provided in this Article 21, after notice to Lessee as required by Article 20, and failure of Lessee to cure, then, Lessor, in addition to any other rights or remedies it may have at law or equity, shall have the right to terminate the Lease and reenter the property and may remove all persons and property from the Premises subject to any applicable state regulation. Should Lessor elect to re-enter, as provided in this Lease, or should it take possession pursuant to legal proceedings or pursuant to any notice provided for by law, Lessor may terminate this Lease and accelerate all payments of rent, additional rent, or any other monies due from Lessee for the remainder of the lease term to become immediately due. No re-entry or taking possession of the Premises by Lessor shall be construed as an election on the part of Lessor to terminate this Lease unless a written notice of such intention is given to Lessee or unless the termination of this Lease is decreed by a court of competent jurisdiction. Notwithstanding any re-letting without termination, Lessor may recover from Lessee all damages incurred by reason of the breach, including the costs of recovering the Premises. ARTICLE 22 EFFECT OF EMINENT DOMAIN In the event of a total or partial taking of the Premises by eminent domain, then in any such condemnation proceedings, Lessee shall be free to make claim against the condemning or taking authority for the amount of any damage done to them, respectively, as a result of the condemning or taking. -10- Page 897 of 940 ARTICLE 23 DISPOSITION OF'S ON TERMINATION OF LEASE On termination of this Lease for any cause, Lessor shall become the owner of any improvements located on the Premises. ARTICLE 24 ANTI-TERRORISM REPR ATION AND WARRANTY 24.I Lessee represents and warrants that they nor the officers and directors controlling Lessor and Lessee, respectively, are acting, directly or indirectly, for or on behalf of any person, group, entity, or nation named by the United States Treasury Department as a Specially Designated National and Blocked Person, or for or on behalf of any person, group, entity, or nation designated in Presidential Executive Order 13224 as a person who commits, threatens to commit, or supports terrorism; and that they are not engaged in this transaction directly or indirectly on behalf of, or facilitating this transaction directly or indirectly on behalf of, any such person, group, entity or nation. 24.2 Lessee represents that the execution of this Agreement will not violate the Public Entity Crime Act, Section287.133, Florida Statutes, which essentially provides that a person or affiliate who is a contractot, consultant, or other provider and 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 City, may not submit a bid on a contract with City for the construction or repair of a public building or public work, may not submit bids on leases of real property to City, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with City, and may not transact any business with City in excess of certain limits, all as provided in Section 287.017, Florida Statutes. ARTICLE 25 WAIVER Lessor and Lessee agree that each requirement, duty, and obligation set forth herein was bargained for at arms-length and is agreed to by the parties in exchange for quid pro quo, that each is substantial and important to the formation of this Lease, and that each is, therefore, a material term hereof. A failure by either party to enforce any provision of this Lease shall not be deemed a waiver of such provision or modification of this Lease. A waiver of any breach of a provision of this Lease shall not be deemed a waiver of any subsequent breach and shall not be construed to be a modification of the terms of this Lease. ARTICLE 26 EF'F'ECT OF LESSEE'S HOLDING OVER Any holding over after the expiration of the term of this Lease, with the consent of Lessor, shall be construed to be a tenancy from month-to month, at the same monthly rental as required to be paid by Lessee for the period immediately prior to the expiration of the term of this Lease and shall otherwise be on the terms and conditions specified in this Lease, so far as -11- Page 898 of 940 applicable. ARTICLE 27 PARTIES BOUND The benefits and obligations of the covenants herein shall inure to and bind the respective heirs, personal representatives, successors, and assigns (where assignment is permitted) of the parties hereto. Whenever used, the singular number shall include the plural, the plural shall include the singular, and the use of any gender shall include all genders. ARTICLE 28 TIME OF THE ESSENCE Time is of the essence for this Lease, and of each and every covenant, term, condition, and provision of this Lease. ARTICLE 29 GOVERNING LAW This Agreement shall be interpreted and construed in accordance with and governed by the laws of the State of Florida. All parlies acknowledge and accept that jurisdiction of any controversies or legal problems arising out of this Lease, and any action involving the enforcement or interpretation of any rights andlor hereunder, shall be exclusively in the state courts for the Judicial Circuit in Palm Beach, Florida, and venue for litigation arising out of this Agreement shall be exclusively in such state courts. BY ENTERING INTO THIS AGREEMENT, LESSEE AND LESSOR HEREBY EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO THIS AGREEMENT. ARTICLE 30 ENTIRE AGREEMENT This document represents the final and complete understanding of the parties and incorporates or supersedes all prior negotiations, correspondence, conversations, agreements, and understandings applicable to the matters contained herein. The parties agree that there is no commitment, agreement, or understanding concerning the subject matter of this Agreement that is not contained in this written document. Accordingly, the parties agree that no deviation from the terms hereof shall be predicated upon any prior representation or agreement, whether oral or written. ARTICLE 31 MODIFICATION OF AGREEMENT No modification, amendment, or alteration in the terms or conditions contained herein shall be effective unless contained in a written document prepared with the same or similar -t2- Page 899 of 940 formality as this Agreement and executed by the City and Lessee or others delegated authority to or otherwise authorized to execute same on their behalf. ARTICLE 32 DISCLAIMERS EXCEPT AS EXPRESSLY SET FORTH HEREIN, LESSEE IS LEASING THE PREMISES ''AS IS'' AND ''WHERE IS,'' AND WITH ALL FAULTS. CITY IS MAKING NO REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, WITH RESPECT TO THE QUALITY, PHYSICAL CONDITION, OR VALUE OF THE PROPERTY, THE INCOME OR EXPENSES FROM THE PROPERTY, OR THE COMPLIANCE OF THE PREMISES WITH APPLICABLE BUILDING OR FIRE CODES OR OTHER LAWS OR REGULATIONS. WITHOUT LIMITING THE FOREGOING, CTY MAKES NO WARRANTY OF HABITABILITY, SUITABILITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. CITY IS NOT LIABLE OR BOTIND BY ANY GUARANTEES, PROMISES, STATEMENTS, REPRESENTATIONS, OR INFORMATION PERTAINING TO THE PROPERTY MADE OR FURNISHED BY ANY REAL ESTATE AGENT, BROKER, EMPLOYEE, SERVANT, OR OTHER PERSON REPRESENTING OR PURPORTING TO REPRESENT CITY, EXCEPT AS AND TO THE EXTENT EXPRESSLY SET FORTH HEREIN. ARTICLE 33 MISCELLANEOUS 33.1 FH Quantum and City hereby represent and warrant that each has not dealt with a real estate broker pursuant to the transaction herein. 33.2 This Agreement shall not be effective or binding upon any of thepartieshereto until it is approved and executed by the person or persons with authority to approve and sign this Agreement on behalf of each pafiy. 33.3 Neither Lessor nor Lessee intends to directly or substantially benefit a third party by this Lease. Therefore, the parties agree that there are no third party beneficiaries to this Lease and that no third party shall be entitled to assert a right or claim against either of them based upon this Lease. 33.4 In the event a portion of this Agreement is found by a court of competent jurisdiction to be invalid, the remaining provisions shall continue to be effective. 33.5 Each party agrees that it will without further consideration execute and deliver such other documents and take such other action, as may be reasonably requested by the other party to consummate more effectively the purposes or subject matter of this Lease. Without limiting the generality of the foregoing, either party shall, if requested by the other party, execute acknowledgments of receipt with respect to any materials delivered by either of the parlies to the other party with respect to the Premises. -13- Page 900 of 940 33.6 Each party and its counsel have participated fully in the review and revision of this Lease and acknowledge that the preparation of this Lease has been their joint effort. The language agreed to expresses their mutual intent and the resulting document shall not, solely as a matter of judicial construction, be construed more severely against one of the parties than the other. The language in this Lease shall be interpreted as to its fair meaning and not strictly for or against any party. 33.7 Radon is a naturally occuning radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your City public health unit. 33.8 The truth and accuracy of each "Whereas" clause set forth above is acknowledged by the parties. The attached Exhibit "A", Exhibit "B" and Exhibit "C" are incorporated into and made apart of this Agreement. 33.9 Each individual executing this Lease on behalf of a party hereto does hereby represent and warrant that he or she is, on the date he or she signs this Lease, duly authorizedby all necessary and appropriate action to execute this Lease on behalfofsuch party. 33.10 This Agreement may be executed in multiple counterparts, each of which shall be deemed an original and all of which shall constitute one agreement. Electronic signatures shall be deemed originals. [SIGNATURES APPEAR ON IMMEDIATELY FOLLOWING PAGEI -14- Page 901 of 940 IN WITNESS WHEREOF, the parties hereto have made and executed this Contract for Sale and Purchase on the respective dates: City, through its Board of City Commissioners, signing by and through its City Manager, authorized to execute same by Board action on the day of 2019, and FH Quantum, signing by and through its duly authorized to execute same Mayor WITNESS - PRINT NAME Date City Manager WITNESS - PRINT NAME Date: ATTEST Approved as to form and legal sufficiency: Pat Teufel City Clerk City Attorney Date Date DEVELOPER: FH Quantum LLC WITNESSES By: Print Name:Print Name Title: Print Name: -15- Day of 2019 Page 902 of 940 BXHIBIT "A'' (Legal Description) -16- Page 903 of 940 EXHIBIT "B'' (Title Exceptions) -11- Page 904 of 940 11.B. LE GA L 10/15/2019 CIT Y OF BOY NTON BEACH AG ENDA I TEM REQUEST F ORM C O MMIS S IO N ME E T IN G D ATE: 10/15/2019 R E Q U E S TE D AC T IO N B Y C O MMIS S IO N: Authorize the City Manager to discontinue further negotiations for a lease extension for a portion of Mangrove Park and vacate the leased area which will revert back to the Diocese of Palm Beach. E X P LAN ATIO N O F R E Q U E S T: On May 19, 1992, the City Commission approved Resolution No. R92-83 to execute a lease agreement between the C ity of Boynton B each and the Diocese of Palm Beach for the mangrove property, “Mangrove Park”, adjacent to St. Mark’s Church As part of the lease agreement, the City was authorized to use the leased portion as a passive park through the end of the lease term, which expired on J une 30, 2019. Prior to the expiration of the lease agreement, City staff attempted to negotiate a lease extension but have not been able to develop favorable terms with the Diocese. The major obstacles to negotiating a lease extension are the liability insuranc e requirements, extension period (lease term), and the City ’s long term investment needed to repair the failing boardwalk located within the park. The c urrent park inc ludes both the area leased from the D ioc ese and City owned property at the east end of Boynton Beac h Blvd. The remaining park area will remain open and includes the boardwalk and walkway at the end of B oy nton Beac h Blvd and the boardwalk around the lake feature. A current C I P project will be enhancing the parking and landscaping for this park. H O W W IL L T H IS AFF E C T C IT Y P R O G R AMS O R S E RV IC E S? Access to the intrac oastal waterway will c ontinue to be provided in the vicinity of Mangrove P ark through the existing walkway and boardwalk at the end of Boynton Beach Boulevard Extension east of Federal Highway. FIS C AL IMPAC T: Budgeted The C ity c urrently budgets for the landsc ape maintenance, trash removal, and c ustodial servic es within the park. As well as future capital improvements. Annual Operating Costs: Landscape Maintenance & Trash removal $10,000 Custodial Services $ 1,500 Staff Maintenance $ 2,000 Total Annual Operating Costs $13,500 Estimated Future C I P Costs: Page 905 of 940 Restroom Refurbishments $ 13,500 A D A Repair & Upgrades $ 16,438 I nterpretive Marker Replacement $ 10,000 Fence Repair $ 8,000 Boardwalk Design and Repair $1,000,000 Total Estimated Future C I P Costs $1,047,938 ALT E R N ATIV E S: Accept the Diocese of Palm Beach lease extension of one (1) y ear and hold any future repairs in abeyance until a longer lease term can be negotiated. S TR ATE G IC P LAN: S TR ATE G IC P LAN AP P LIC AT IO N: C L IMAT E AC T IO N: C L IMAT E AC T IO N D IS C U S S IO N: Is this a grant? Grant Amount: AT TAC H ME N TS: Type Description Resolution Resolution No R92-83 (Lease Agreement) Page 906 of 940 II f II RESOLUTION NO. R92- &3 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON aEACH, FLORIDA, AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY II ATTORNEY TO NEGOTIATE A LEASE AGREEMENT BETWEEN THE. CITY OF BOYNTON BEACH AND THE DIOCESE OF PALM BEACH FOR THE MANGROVE PROPERTY ADJACENT TO ST. MARKS CHURCH; I AU~HORIZING AND DIRECTING THE MAYOR AND CITY CLERK TP. EXECUTE A LEASE AGREEMENT FOR THEF"--""1 MANGRpVEI PR()PERTY ONCE THE SAME IS FINALIZED;AND PROVIDING AN EFFECTIVE DATE.I bo.,,-"-·-, WHEREAS, Ute. Citj{ Commiaaion. of the City of Boynton Beach,Flö:tida, upp.n r~CommE!nç!ation of ataff, deema it to be in the beatintecrestofthopci1;i:zænf¡ andreaidenta ,. oithe City to execute aILeaaE!. AgrE!~me~'I¡; .1i1iththe . pioceae of Palm Beach for the mangrove I property adjacent to St.. Mark' a Church. I . lI1"~W, T,ij~~Fq~, 13E IT~SOLVED BY THE CITY COMMISSION OF THECITY ·OF· BOYl.fWON.13EACH, FLORIDA THAT: Section 1. The City Commiaaion of the City of Boyntonaeach,Florida authorizea . and directa the City Manager and CityIAttqrn~ytopegoFiate a Leaae Agreement with the Dioceae of PalmBeacttforthemangrovepropertyadjacenttoSt. Mark'a Church indowntownBoyntonBeach. ISec1;ion2. Authorizing the Mayor and City Clerk to eXecutêthe Leaae Agreement for the mangrove property Once theaameisfinalized. I Section 2. Thia Reaolution ahall become effectiveimmediatelyuponpaaaage. I I PASSED AND ADOPTED thia 9 day of May, 1992.I i I ilI Ii IIII I ATTEST: I IIICityClerk (fJ~) I Corporate Seal) Mangrove. Rea 15/14/92 I II II II I Ii I I I I I I o.=c,··~____~~ _ Page 907 of 940 Æ5. 1~....?3 LEASE THIS LEASE, made and entered into this day of 1992, by and between J. KEITH SYMONS, AS BISHOP OF THE DIOCESE OF PALM BEACH, HIS SUCCESSORS IN OFFICE AND ASSIGNS FOREVER, A CORPORATION SOLE, hereinafter referred to as the Landlord", and the CITY OF BOYNTON BEACH, FLORIDA, a municipal corporation organized and existing under the laws of Florida, hereinafter referred to as the "Tenant". WITNESSETH: 1- The Landlord does hereby lease and demise unto the said Tenant the following described property, lying and being in Palm Beach County, Florida, to-wit: See Legal Description attached hereto and made a part hereof as Exhibit "A", hereinafter referred to as the Leased Premises", Demised Premises" or "Premises". 2. The term of this Lease shall begin July 1, 1992, and shall terminate on June 30, 2019. Tenant may not take possession until such time as Tenant procures the liability insurance hereinafter provided for. 3. Tenant agrees to pay and Landlord agrees to accept a rental Ten and NO/100 Dollars 10.00) per year, payable in advance, commencing on July 1, 1992, and on a like day of each year thereafter, and shall be payable to THE DIOCESE OF PALM BEACH. Tenant shall also pay, with each installment, all applicable tax thereon. The covenant to pay rent shall be an independent covenant. 4. In order to insure the Landlord's opportunity for obtaining an tax exemption, the Tenant agrees to notify the Landlord on or before November 10th or whatever date, from time to time, is fifty 50) days preceding the date for the determination of a tax exempt use for the following year) of the year if Tenant will be unable to begin activities, on the Leased Premises, which would make the property tax exempt prior to January 1st or such other date as may be se~ by law from time to Page 908 of 940 time for determining tax exempt status) of each year. Upon such notification, the Landlord shall then have the option of terminating this Lease. In the event the Lease is so terminated, a pro-rata amount of the rental will be refunded to the Tenant, as of the date of termination. 5. Tenant may not assign this Lease nor sublease any part or all of the Leased Premises without the written consent of the Landlord, which consent may be unreasonably and arbitrarily withheld. 6. Tenant hereby agrees to cooperate with Landlord in Landlord's attempt to obtain a tax exemption on the Leased Premises. Tenant agrees to execute Affidavits as to the status of the tax exempt activities. Tenant further agrees to attend the tax exemption hearing with the Landlord, upon Landlord's request. In the event the activities of the Tenant cause the property to lose its tax exempt status, then Tenant shall pay the entire amount of taxes levied on the Premises and upon Landlord's adjoining property if it too is placed on the tax roll as a result of Tenant's activities or inaction. 7. Tenant hereby agrees and covenants as follows: a) To use the Leased Premises only for passive park purposes as further described in Paragraph 34 and not to use the Leased Premises for any illegal purpose. b) To comply with all governmental laws and ordinances regarding the park activities. c) To not excavate or remove or permit to be excavated or removed any soil or rock from the leased Premises except as shown on plans previously approved by Landlord. d) To peacefully vacate the property at the termination of the Lease and to leave such improvements intact as Landlord may select. e) To protect the lands against trespass insofar as Tenant is reasonably able to do so. 2- Page 909 of 940 f) To not allow any mechanics' liens to be filed against the property and if any are so filed as a result of Tenant's actions, Tenant agrees to promptly discharge the same. 8. Landlord or its agents shall have the right to enter onto the property at any reasonable time to view the premises. Landlord shall, however, exercise this right in such a way as not to unreasonably interfere with the operations of Tenant. 9. Insurance - General a) All insurance called for under this lease shall be written by companies with not less than an A rating by Alfred M. Best and Company. The insurance company must be qualified to do business in Florida. b) The insurance coverage must be provided prior to Tenant's taking possession of the Premises or the beginning of the lease term whichever event is earlier. c) Each policy shall name the Landlord as a named insured under the policy, shall contain a waiver of the right of subrogation against Landlord, shall have a maximum deductible of One Thousand 1,000.00), shall provide a minimum of thirty 30) days advance notice be given to Landlord before the policy can be cancelled or amended and shall prov~de that Landlord be given not less than thirty days notice if the policy will not be renewed. d) The form of the policies must be satisfactory to Landlord. The Tenant shall comply with all the regulations imposed by the insurance company. e) Originals of the policies together with proof of payment of the premiums therefor shall be delivered initially ten days prior to the Tenant's occupancy or the commencement of the lease term, whichever is the earlier event. Thereafter these documents shall be delivered to Landlord thirty days prior to the expiration of any existing policy. f) Any notices to be given under the provision of the Insurance - General section must be given to Landlord by properly addressed certified or registered mail, postage prepaid. g) If Tenant fails to provide the insurance called for under this lease in a timely fashion, Landlord may, at 3- Page 910 of 940 Landlord's option, obtain the required insurance and any sums expended in this respect shall be immediately due and payable as additional rent and shall bear interest at the highest rate permissible under the laws of Florida. h) Failure to timely deliver the insurance required hereunder shall be deemed to be an event of default. i) All policies shall be written as primary, and not contributing with or in excess of the coverage which Landlord as named insureds, their agents, servants and employees may carry. j) Landlord shall not be responsible or liable to Tenant for any loss or damage caused by the acts or omissions of any persons occupying any space adjacent to or adjoining the Premises. k) Landlord shall not be required to give notice of accidents or claims. l) Landlord shall not be liable for any premiums due for insurance. 10. a) As used herein and in Section 9 and section 11, Claims" means any claims, suits, proceedings, actions, causes of action, responsibility, liability, demands, judgments, and executions. b) Tenant hereby indemnifies and agrees to save harmless Landlord, and any Mortgagee, from and against all Claims, which either i) arise from or are in connection with the possession, use, occupation, management, repair, maintenance or control of the Premises or any portion thereof; ii) arise from or are in connection with any act or commission of Tenant or Tenant's Agents; iii) result from any default, breach, violation or non-performance of this Lease or any provision of this Lease by Tenant; or iv) result in injury to person or property or loss of life sustained on the Demised Premises. c) Tenant shall defend any Claims against Landlord, any Mortgagee with respect to the foregoing or in which they may be impleaded. Tenant shall pay, satisfy and discharge any 4- Page 911 of 940 Page 912 of 940 event, this lease shall terminate on the date of such taking, and any rental payment paid in advance shall be apportioned and promptly refunded to Tenant. If a portion of the Property shall be taken under any condemnation or eminent domain proceedings or by private purchase under threat of condemnation during the term hereof, and the remaining portion of the Property not taken or condemned shall be suitable and adequate for the uses and purposes of Tenant, permitted by this lease, then, in such event, this agreement shall be and remain unaffected by such condemnation or eminent domain proceedings as to such remaining property unaffected by such proceeding, except that, effective as of the date of such taking, the rental shall be diminished by an amount representing the part of the rental applicable to that portion, if any, of the Property which is so condemned or taken. All compensation awarded or paid upon a total or partial taking of the Property, including the value of the leasehold estate created hereby, shall belong to and be the property of Landlord· without any participation by Tenant; provided, however, that nothing contained herein shall be construed to preclude Tenant, at Tenant's sole cost and expense, from independently prosecuting any claim directly against the condemning authority for loss of business, and/or depreciation to, damage to, and/or cost of removal of and/or for the value of stock and/or trade fixtures, furniture and other personal property belonging to Tenant; provided, however, that no such claim shall diminish or otherwise adversely affect Landlord's award or other awards of any and all grounds and underlying landlords or mortgagees. 13. Tenant represents warrants and covenants that Tenant has not used nor will it use Hazardous Materials as defined hereinafter) on, from, or affecting the Leased Premises in any manner which violates federal, state or local laws, ordinances, rules, regulations or policies governing the use, storage, treatment, transportation, manufacture, refinement, handling, production or disposal of Hazardous Materials, and that, to the 6- Page 913 of 940 Page 914 of 940 release, or threatened release of any Hazardous Materials which are on, from, or affecting the soil, water, vegetation, buildings, personal property, persons, animals or otherwise; ii) any personal injury including wrongful death) or property damage real or personal) arising out of or related to such Hazardous Materials; iii) any lawsuit brought or threatened, settlement reached, or government order relating to such Hazardous Materials, and/or iv) any violation of laws, orders, regulations requirements, or demands of government authorities, or any policies or requirements of Landlord, which are based upon or in any way related to such Hazardous Materials including, without limitation, attorney and consultant fees, investigation and laboratory fees, court costs, and litigation expenses. At the end of the term of this Lease, Tenant shall deliver the Lease Premises to Landlord free of any and all Hazardous Materials so that the condition of the Leased Premises shall conform with all applicable federal, state and local laws, ordinances, rules or regulations affecting the Leased Premises. For purposes of this Paragraph 13, Hazardous Materials" includes, without limit, any flammable explosives, radioactive materials, hazardous materials, hazardous wastes, hazardous or toxic substances, corrosive or related materials defined in the Comprehensive Environmental Response, compensation, and Liability act of 1980, as amended 42 u.s.c sections 9601, et seq.), the Hazardous Materials Transportation Act, as amended 49 u.s.s. sections 1801, et seq.), the Resource Conservation and Recovery Act, as amended 42 u.s.c. sections 9601 et seq.), and in the regulations adopted and publications promulgated pursuant thereto, or any other Federal, state or local environmental law, ordinance, rule, or regulation. The provisions of this Paragraph 13 shall be in addition to any and all other obligations and liabilities Tenant may have to Landlord at common law, and shall survive the transactions contemplated herein. 14. Tenant covenants and agrees that it will utilize the Leased Premises in a careful, safe and proper manner and will 8- Page 915 of 940 comply, at its expense, with all laws, ordinances, regulations and orders of proper public officers insofar as such matters affect the use and maintenance thereof, provided, however, that the Tenant may but shall not be obligated to) in its own or Landlord's name, in good faith, contest any such order, regulation, ordinance or law, and during the period of such contest Tenant shall not be deemed to be in default hereunder so long as Landlord shall be held harmless from any loss, expense, or penalty resulting therefrom. 15. At the expiration of this lease, Tenant agrees to deliver up and surrender to Landlord the possession of the leased premises in as good condition and repair as received, excepting ordinary wear and tear. 16. If Tenant shall remain in possession of all or any part of the Leased premises after the expiration of this Lease, the Tenant shall be deemed a Tenant from month to month at a rental fee of double the then reasonable market value monthly rental and subject to all of the terms and provisions hereof, except only as to the term of this Lease. 17. Tenant shall, at all times and upon termination or expiration of this Lease, have the duty to remove all trade fixtures, machinery, equipment, appurtenances and personal property heretofore or hereafter owned and/or installed by Tenant as Landlord may direct. Such property as Landlord shall direct to be left shall become the property of the Landlord. Tenant shall repair any damage done to the Leased Premises caused by such removal. 18. If Landlord is involuntarily made a party defendant to any litigation concerning the lease, or the Demised Premises, or the premises of which the Demised Premises form a part, by reason of any act or omission of Tenant, then Tenant shall save and hold harmless Landlord from all liabilities by reason thereof, including reasonable attorney's fees and all court costs incurred by Landlord in such litigation. In case Landlord engages an attorney to enforce the terms hereof or brings an action against 9- Page 916 of 940 Tenant to enforce any of the terms hereof, or commences a summary proceeding for the forfeiture of this Lease or the possession of said Premises, or either of them, and Landlord shall prevail in whole or in part in such endeavor, Tenant agrees to pay to Landlord all such attorney's fees, expenses, and court costs. The right of such attorney's fees and expenses shall be deemed to have accrued on the commencement of such endeavor, and shall be enforceable whether or not such action is prosecuted to final judgment, and such fees and costs shall be paid forthwith or included in the judgment. 19. Tenant agrees to observe, comply with and obey promptly, at its expense, during the term thereof, all laws, rules, requirements, order, directions, ordinances, and regulations of any and all governmental authorities or agencies and of all municipalities, departments, bureaus, boards and officials governing its use or occupancy of the demised premises. 20. Landlord reserves the right to enter the Premises or any part thereof at reasonable hours to exhibit the Premises to prospective purchasers or others; to display during the last ninety days of the term, without hindrance or molestation by Tenant, For Rent" signs and similar signs in appropriate places in or on the Premises; to perform any acts related to the safety, protection, preservation, reletting, sale or improvements of the Premises; and, during the last one hundred and twenty 120) days of the term or any part thereof, if during or prior to that time, Tenant vacates the premises, to enter and repair, alter or otherwise prepare the Premises for occupancy. The exercise of any of these reserved rights by Landlord shall never be deemed an eviction or disturbance of Tenant's use and possession of the Premises and shall never render Landlord liable in any manner to Tenant or to any other person. Landlord further reserves, during the last one hundred and twenty 120) days of the term, the right to grant prospective purchasers the right to go upon the Leased Premises to perform such surveys, soil tests, topographical studies and other inspections of the property that said purchaser 10- Page 917 of 940 may desire. Tenant hereby waives all rights to recover for damages done to the Leased Premises, personal property, improvements, fixtures and without limitation, any other damages or liability arising from said actions against Landlord and against the prospective purchasers, their agents or employees. 21- This lease is subordinate to any mortgage or deed of trust affecting the Leased Premises. Tenant shall execute such other and further documents as are requested to implement this subordination and does hereby constitute Landlord its attorney- in-fact to sign said document. So long as Tenant continues to pay the rent in this Lease reserved and no other default exists hereunder, the holder or any mortgage or deed of trust affecting the Leased Premises shall not have the right to interfere with the possession of Tenant in any other manner whatsoever, so that Tenant's rights and possess ion shall not be disturbed hereunder by any such foreclosure or by any person claiming under or through the Landlord by similar conveyance. 22. a) The demised premises shall not be used for the storage of any products whatsoever which will produce excessive smoke, odors, or fumes, nor for the storage or dumping of toxic, corrosive or deleterious material, including, but not limited to, gasoline, fuel oil, pesticides or waste material. b) No area shall be used or maintained as a dumping ground for rubbish or junk. Trash or garbage shall not be kept, except on a temporary basis, in sanitary containers. All equipment for the temporary storage or disposal of such material shall be kept in a clean and sanitary condition. c) The Premises shall be kept in a neat and well ordered condition at all times. d) Upon failure of any occupant, tenant, sub-tenant, licensee, assignee or other person or entity to comply with the remedy the default by any means, including by going upon the land and remedying the default and the cost of same shall be a lien upon the interest of the defaulting party. 11- Page 918 of 940 23. a) Time is of the essence in every particular of this lease agreement, in respect to the promises, covenants and agreements, terms and conditions of either Landlord or Tenant, and particularly shall time be of the essence where the obligation is that to pay money, rents, required tax payments, and insurance payments. Where under the terms of this Lease it is incumbent upon either side to do or perform an act, such act shall be done and performed promptly, the parties intending that each side will be liable to the other for any damage caused by the unreasonable delay of such party in doing or performing such an act. b) All references herein to the Landlord and Tenant mean the persons who, from time to time, occupy the positions respectively of the Landlord and Tenant, although this shall not be construed as relieving any person, firm or corporation of any liability incurred by him, her or it, by reason of or in connection with his, her or its having been Landlord or Tenant at one time or another. The amount of documentary stamps or similar tax hereafter imposed) to be affixed to this Lease, if any, shall be borne by the Tenant. c) Nothing contained herein shall be deemed or construed by the parties hereto, nor any third party, as creating the relationship of principal and agent or of partnership or of joint venture between the parties hereto, it being understood and agreed that neither the method of computation of rents, nor any other provisions contained herein, nor any acts of the parties therein, shall be deemed to create any relationship between the parties hereto other than the relationship of Landlord and Tenant. Tenant specifically and definitely acknowledges that all statutory proceedings provided by the laws of the state of Florida regulating the relationship of Landlord and Tenant and remedies accruing to the Landlord upon the default of the Tenant, respecting collection of the rent or repossession of Demised premises, shall, at the option of the Landlord, accrue to the 12- Page 919 of 940 Landlord, who shall have the benefit of any and all such laws and statutes. d) Landlord and Tenant intend, understand, and agree that the various rights, powers, options, elections, privileges and remedies of the Landlord, set forth in this agreement, or otherwise, shall be construed as cumulative, and no one of them shall be construed as being exclusive of the other or exclusive of any rights or priorities allowed by law, except as herein otherwise provided. e) Both parties intend, understand and agree that default and grace periods referred to in this Lease agreement shall be deemed to run concurrently and not consecutively. f) All covenants, promises, conditions and obligations herein contained or implied by law, are covenants running with the land, and shall attach to the land and be binding upon the heirs, executors, administrators, successors, legal representatives and assigns, of each of the parties to this Lease. g) It is further understood and agreed that no modifications, releases, discharges, or waivers, of any provisions hereof shall be of any force, value and/or effect unless in writing, signed by the Landlord or its duly authorized agent. h) Whenever herein the singular number is used, the same shall include the plural, and the masculine gender shall include the feminine and neuter genders. i) The parties hereto agree that this Lease represents the entire agreement between the parties hereto and that there are no collateral agreements or understandings. Tenant agrees that it is not relying on any representations or agreements other than those contained in this lease. j) This agreement is made in and is to be performed in the state of Florida, and is to be governed by the laws of the state of Florida. 13- Page 920 of 940 k) This agreement may be executed in as many counterparts as may be necessary, each one of which shall be deemed to be an original, but all of which together shall constitute one and the same agreement. 1) The Parties agree that this transaction is a valid and bona fide lease and shall be treated by both Landlord and Tenant as such in their income taxes. m) This lease shall not be recorded. 24. All sums due hereunder shall bear interest at the rate of 18% per annum after maturity. 25. Landlord shall attempt to collect and remit to the taxing agency the correct amount of tax due on the rentals paid hereunder, but should there subsequently found to be due additional sums, Tenant will promptly remit said sums together with any interest and penalty thereon. 26. It is expressly and specifically covenanted and agreed that if the Tenant shall fail to pay the rent herein reserved or any obligations herein provided to be paid as additional rent upon the day the same become due and payable and such default shall continue for thirty 30) days, then the entire unpaid balance of the basic rentals and the entire amount of estimated additional rental to the end of the term, based upon existing additional rentals already accrued, shall, at the sole option of the Landlord, immediately become due and payable. 27. Tenant covenants and agrees that in the event of the waiver at any time by the Landlord of any particular covenant or condition of this Lease, said waiver shall extend to the particular condition of this Lease, said waiver shall extend to the particular case only for the particular time and in the particular manner specified, and such waiver shall not be construed or understood as waiving any further or other rights of any character whatsoever. 28. Tenant agrees to pay for all utilities, such as water, gas, and electricity and sewage service charges and any extension of such utilities, if any is required, that may be levied against 14- Page 921 of 940 the Leased Premises during the term hereof, it being the intent that the rental be net to the Landlord. 29. If Tenant shall be declared bankrupt or become insolvent according to law, or if a receiver or other officer shall be appointed to take charge of the whole or a substantial part of its property for the purposes of winding up the affairs of Tenant, and such proceedings be not released within sixty 60) days thereafter, then this Lease shall thereupon, at Landlord's option, terminate, and upon such termination, there shall become due and payable to Landlord as liquidated damages for breach of this lease by Tenant all rent and other obligations herein required to be paid by Tenant accrued to the date of such termination. 30. If default shall at any time be made by Tenant in the payment of rent when due to Landlord as herein provided and if such default continues for a period of ten 10) days after written notice by Landlord to Tenant, or if material default shall be made in any of the other covenants, provisions, and conditions to be kept, observed and performed by Tenant under this Leas, and if within thirty 30) days after written notice of such other material default by Landlord to Tenant, Tenant shall not have corrected said default, then Landlord may, in addition to all other remedies now or hereafter provided by law, at any time thereafter prior to the curing of such default, at Landlord's option, terminate Tenant's right to possession or declare the term of this Lease ended by giving Tenant written notice of such termination. Landlord may also . at its option, instead of forfeiting and cancelling this Lease, take possession of said Leased Premises and relet the same for the remainder of the term hereof for the highest rental then reasonably obtainable, the Landlord reserving the right to make such rental concessions and remodeling, at Tenant's expense as it deems necessary, and Tenant shall be liable to Landlord for the amount of rent reserved hereunder for the remainder of the term plus the amount of other charges which Tenant has herein contracted for 15- Page 922 of 940 and agreed to pay, do, and perform, and the reasonable cost of obtaining possession of the Leased Premises and of any repair or alterations necessary to prepare the same for reletting. Further, tenant shall be responsible for an expenses incurred for the reletting of the premises, including, but not limited to, brokerage and legal fees. It is understood that Landlord's remedies under this Lease are cumulative and the exercise of one remedy does not preclude the exercise of the other remedies. In case of termination of this lease under this paragraph, Tenant hereby grants to Landlord the full and free license to enter into and upon the Leased Premises and to expel or remove any and all property therefrom and to dispose of in any manner without being deemed in any manner guilty of trespassing, conversion, eviction, forcible entry or detainer. 3l. If default shall be made by Tenant in the performance of or other compliance with any covenant, provision or condition of this Lease, other than the payment of rent, and said default shall have continued for either thirty 30) days after written notice thereof from Landlord to Tenant or the time for performance has arrived. Landlord, in addition to other remedies now or hereafter provided by law, may at its election, perform such proviso, covenant or condition for or on behalf of Tenant, or make good on such default, and Tenant agrees to repay to Landlord immediately any amounts which Landlord may advance pursuant hereto and which shall be deemed additional rent due hereunder. Landlord may enter the Leased premises at reasonable times during business hours to inspect the premises or other property belonging to Landlord provided that such activities shall be done without unreasonable interference to Tenant's business or mode of operations. 32. Additional Conditions: a) The property is leased subject to all matters of record or hereafter filed of record. 16- Page 923 of 940 b) The Landlord reserves the right at any time to grant, impose or create new easements and rights of way on the land. c) The Landlord reserves the right of access for vehicular and pedestrian across the land for himself and others. d) Tenant shall maintain the property in a neat and clean condition and will take such steps with respect to the upkeep and landscaping as Landlord may reasonably direct. e) The property is taken as is" and Tenant has had an opportunity to inspect the physical condition of the property. Landlord makes no representation as to the suitability of the property for Tenant's uses nor does Landlord represent that the proposed use complies with the restrictions and limitations, laws, rules, regulations, ordinance,s public or private affecting and governing the land. f) No signs are permitted on the property without prior written consent of Landlord. 33. Any notice to Landlord shall be delivered to: Diocese of Palm Beach, 9995 N. Military Trial, Palm Beach Gardens, FL 33418, Attn: Real Estate Department, with a copy to Edward D. Lewis, Alley, Maass, P.O. Box 431, Palm Beach, FL 33480, and to Tenant by mailing to: 100 East Boynton Beach Boulevard, Boynton Beach, FL 33425, Attn: ci ty Manager, with a copy to city Risk Manager at the same address. 34. This lease is entered into for the purpose of permitting the Tenant, and the Premises are so restricted to, creation of a free, public nature preserve which will contain a raised boardwalk area interspersed with kiosks, containing informational statements, an observation tower and çanoe trails, parking area and restrooms. In the event that the necessary permits, grants and appropriations are not received and construction commenced within thirty-six 36) months of the date hereof, then this lease shall be terminated. The construction shall be promptly commenced and diligently pursued in good faith to completion. In the event that the Premises are thereafter not 17- Page 924 of 940 so used, then this lease shall terminate. Landlord reserves the right to approve all site plans, construction plans and any future alterations thereof. 35. The park will be constructed in such a manner so as to place no burden of any manner on Landlord's remaining adjoining property. By way of example, and not limiting the generality of the foregoing, drainage and parking facilities shall be constructed in such a manner so as to not interfere with that of Landlord and parking shall be designed in such a manner that will prevent park visitors from parking on Landlord's land. In the event that, in the course of obtaining permits for the park facilities, any deficiencies are discovered in Landlord's drainage of other improvements, then the cost of correcting such deficiencies shall be borne by the Tenant. IN WITNESS WHEREOF, the parties hereto have entered into this agreement the day and year first above written. Signed, sealed and delivered in TENANT: the present of: CITY OF BOYNTON BEACH, FLORIDA Æ,~ o ce Cóstello Weiner, Mayor rinted Name of witness) uu ~_ ATTEST:arrie Par er printed witness) ci t .. Clerk Corporate Seal) LANDLORD: Anl7L fJ. La..c0rtL. J. Ke1th Symon as Bishop Pripted Nam of itne of the Diocese of Palm Beach, his successors in office and assigns forever, a corporation sole 18- Page 925 of 940 LEGAL DESCRIPTION A parcel of land being all of Lots 5t 12t 21 and 22t and also being portions of Lots 6 and 11 of plat of "SUBDIVISION OF THE S.W. 1/4 OF THE S.W. 1/4 OF SEC. 22 AND THE N.W. 1/4 OF THE N.W. 1/4 OF SEC. 27 OF T.45S. R.43E." (for convenience to be hereinafter referred to as DEWEY SUBDIVISION") as recorded in Plat Book 1t Page 37 of the Public Records of Palm Beach CountYt Florida being in Section 22t Township 45 Southt Range 43 Eastt City of Boynton Beacht Palm Beach CountYt Florida being more particularly described as follows: Commencing at the Southwest corner of said Section 22; thence North 89°55'53" East along the South line of said Section 22t a distance of 682.56 feet; thence North 01°32'24" Westt a distance of 325.69 feet to the Southwest corner of said Lot 22 and the POINT OF BEGINNING of this description; thence North 01°32'24" West along the West line of said Lot 22t a distance of 315.69 feet to the Northwest Corner of said Lot 22; thence North 01°32'24" West along the Northerly extension of the said West line of Lot 22t a distance of 20.01 feet to the Southwest corner of said Lot 11; thence North 89°59115" East along the South line of said Lot 11 t same line also being the North line of a strip of land lying between said Lots 11 and 22 as shown on said "DEWEY SUBDIVISION"t said strip of land being 20.00 feet in width as shown on survey entitled "Boundary Survey Prepared For & Certified to: ST. MARK'S CATHOLIC CHURCH" by O'Brient Suiter & OIBrient Inc.t order no. 83-165dbt dated May 5t 1983 and last revised November 7t 1984t a distance 117.59 fet to a point of intersection with a chain link fence; thence North 00°20'16" West along said chain link fencet a distance of 288.85 feet to a change of direction in said chain link fence; thence North 03°13'14" East along said chain link fencet a distance of 27.94 feet to a change of direction in said chain link fence; thence North 03°02101" West along said chain link fence and the Northerly extension thereoft a distance of 160.58 feet; Thence North 89°57122" West along the Easterly extension of the cen- terline of Northeast 6th Avenuet a distance of 121.71 feet to a point of intersection with the East line of plat of "CIVIC CENTER SUBDIVISION" as recorded in Plat Book 12t Page 68 of the said Public Records; thence North 01°31152" West along the said East line of "CIVIC CENTER SUBDIVISION"t same line also being the West line of said Lot 6 of DEWEY SUBDIVISION" a distance of 143.99 feet to the Northwest corner of said Lot 6; thence South 89°57122" East along the North line of said Lots 5 and 6t same line also being the South line of a strip of land lying North of said Lots 5 and 6 as shown on said "DEWEY SUBDIVISION"t said strip of land being 20.00 feet in width as shown on said survey by O'Brient suiter & O'Brient Inc.t a distance of 677.04 feet to the Northeast corner of said Lot 5; thence South 01°47'02" East along the East lines of said Lots 5 and 12t a distance of 620.79 feet to the Southeast corner of said Lot 12; thence South 01°47102" East along the Southerly extension of the said East lines of Lots 5 and 12t a distance of 20.01 feet to the Northeast corner of saij Lot 21; thence South 01°47'02" East along the East line of said Lot 21t a distance 315.40 feet to the Southeast corner of said Lot 21; thence South 89°57134" West along the South lines of said Lots 21 and 22t a distance of 681.19 feet to the POINT OF BEGINNING; EXHIBIT A Page 926 of 940 2- LESS the following described 20.00 foot wide strip of land lying South of said Lots 11 and 12 and North of said Lots 21 and 22 as shown on said DEWEY SUBDIVISION" and said survey by O'Brien, Suiter & OIBrien, Inc. being more particularly described as follows: BEGINNING at the said Northwest corner of Lot 22; thence North 01°3212411 West along the said Northerly extension of the West line of Lot 22, a distance of 20.01 feet to the said Southwest corner of said Lot 11; thence North 89°5911511 East along the said South lines of Lots 11 and 12, a distance of 679.77 feet to the Southeast corner of said Lot 12; thence South 01°4710211 East along the said Southerly extension of Lot 12, a distance of 20.01 feet to the said Northeast corner of Lot 21; thence South 89°5911511 West along the said North lines of Lots 21 and 22, a distance of 679.85 feet to the said Northwest corner of Lot 22 and the POINT OF BEGINNING. Containing 13.26 Net Acres, more or less, (Not including LESS parcel). Subject to existing Easements, Rights-of-Way, Restrictions and Reservations of Record. Page 927 of 940 11.C. LE GA L 10/15/2019 CIT Y OF BOY NTON BEACH AG ENDA I TEM REQUEST F ORM C O MMIS S IO N ME E T IN G D ATE: 10/15/2019 R E Q U E S TE D AC T IO N B Y C O MMIS S IO N: P R O P O S E D O R D IN AN C E 19-037 - S E C O N D R E AD IN G - Approval of an Ordinance of the city commission of the city of Boynton amending chapter 18, pensions and retirement, of the code of ordinances to create a new article xi, “deferred retirement option plan” providing for uniform deferred retirement option plan benefits for all city employees; amending conflicting provision of drop benefits contained in the general employee, fire and police pension plans; providing for delayed implementation to accommodate collective bargaining or waiver of bargaining. E X P LAN ATIO N O F R E Q U E S T: Create one D ROP Ordinance for all employee groups. H O W W IL L T H IS AFF E C T C IT Y P R O G R AMS O R S E RV IC E S? Maintain D ROP program with more sustainable interest payments. FIS C AL IMPAC T: Pension plan will not have to fund a guarantee of 7% interest on D ROP funds for affected employees/retirees. ALT E R N ATIV E S: Maintain status quo. Modify terms and present for bargaining. S TR ATE G IC P LAN: S TR ATE G IC P LAN AP P LIC AT IO N: C L IMAT E AC T IO N: C L IMAT E AC T IO N D IS C U S S IO N: Is this a grant? Grant Amount: Page 928 of 940 AT TAC H ME N TS: Type Description Ordinance Ordinance approving consolidation of D ROP Plans Page 929 of 940 S:\CA\Ordinances\Consolidated DROP 090919 Version - Ordinance.Docx ORDINANCE NO. 19-____ 1 AN ORDINANCE OF THE CITY COMMISSION OF THE 2 CITY OF BOYNTON AMENDING CHAPTER 18, 3 PENSIONS AND RETIREMENT, OF THE CODE OF 4 ORDINANCES TO CREATE A NEW ARTICLE XI, 5 “DEFERRED RETIREMENT OPTION PLAN” PROVIDING 6 FOR UNIFORM DEFERRED RETIREMENT OPTION 7 PLAN BENEFITS FOR ALL CITY EMPLOYEES; 8 AMENDING CONFLICTING PROVISION OF DROP 9 BENEFITS CONTAINED IN THE GENERAL EMPLOYEE, 10 FIRE AND POLICE PENSION PLANS; PROVIDING FOR 11 DELAYED IMPLEMENTATION TO ACCOMMODATE 12 COLLECTIVE BARGAINING OR WAIVER OF 13 BARGAINING; PROVIDING FOR CODIFICATION AND 14 AN EFFECTIVE DATE. 15 WHEREAS, it is the intent of the City Commission to reform City employee retirement 16 benefits to achieve, to the extent allowed by law, a sustainable uniform level of retirement 17 benefits for current and future City employees; and 18 WHEREAS, employees of the City and their respective unions have promoted a 19 deferred retirement option plan as a cost neutral retirement benefit which allows an employee 20 to accumulate a substantial retirement nest egg, payable at time of separation from service, by 21 providing an investment tool that has the potential to earn interest at a rate well in excess of 22 traditional savings and money market rates of return; and 23 WHEREAS, there currently exist deferred retirement drop plans with different 24 provision for general employees, fire/rescue employees, and police employees; and 25 WHEREAS, the City Commission desires to create a uniform deferred retirement 26 option plan for all City employees without regard to the nature of th eir job position so as to 27 demonstrate the City Commission’s commitment to equal retirement security of all City 28 employees. 29 NOW THEREFORE, THE CITY COMMISSION OF THE CITY OF BOYNTON 30 BEACH HEREBY ENACTS THE CITY’S CONSOLIDATED DEFERRED 31 RETIREMENT OPTION PLAN AS FOLLOWS: 32 Section 1 A new section 18-300 of Article XI of Chapter 18 of the Code of 33 Ordinances is created as follows. 34 Page 930 of 940 S:\CA\Ordinances\Consolidated DROP 090919 Version - Ordinance.Docx Article XI DEFERRED RETIREMENT OPTION PLAN. 35 Section 18-300 Creation of Consolidated Deferred Retirement Option Plan 36 A. A City employee deferred retirement option plan (“DROP”) is hereby created, 37 amending, implementation, all conflicting provisions in existing DROP plans for 38 general employees, police officer employees, and fire/rescue employees. 39 B. Employees who reach eligibility for normal service retirement in the employee’s 40 retirement plan may elect to enter DROP. 41 C. An Employee may elect to participate in the Deferred Retirement Option Plan 42 ("DROP") provided they make the election no later than 30 days after reaching their 43 normal retirement date. Notwithstanding the foregoing, upon enactment of this 44 Ordinance employees who have reached normal retirement date and did not enter DROP 45 may make their initial election to participate in the DROP no later than ninety (90) days 46 after the implementation date of this ordinance. 47 D. An election to participate in the DROP plan is irrevocable. 48 E. Employees may elect to participate by submitting an election to enter DROP to the 49 City’s Human Resource Department (“Department”) on a form available from the 50 Department for that purpose. On receipt of the election to enter DROP the Department 51 will notify the administrator of the pension plan in which the employee participates. 52 F. Participation in the DROP must be exercised within the first 30 years of combined 53 credited service (25 for law enforcement officers). 54 G. An employee shall not participate in the DROP for more than five years. 55 H. Upon an employee’s election to participate in the DROP, the employee shall cease to 56 be an employee of the retirement plan and is precluded from accruing any additional 57 benefit under the Pension Fund. For all fund purposes, the employee becomes a retiree1. 58 The amount of credited service and final average salary freeze as of the date of entry 59 into the DROP. 60 I. Accumulated, unused sick (over 120 hours) and vacation leave (over 120 hours) shall 61 be deemed cashed out and included in the compensation calculation; provided however, 62 that a minimum balance of 120 hours of sick leave and 120 hours of vacation leave shall 63 1 The term retiree and employee herein are synonymous for employees who elect to enter DROP. Page 931 of 940 S:\CA\Ordinances\Consolidated DROP 090919 Version - Ordinance.Docx be maintained by the employee and excluded from this calculation. The retained leave 64 balance, including any additions, shall be paid to the employee at the conclusion of 65 DROP participation and separation from service. 66 67 J. DROP plan account shall be established for each employee who elects to participate. 68 These are not actual accounts but nominal accounts and balances are kept as a 69 bookkeeping process. 70 71 K. Payment shall be made into the employee’s DROP account as if the employee had 72 retired from the employ of the city. Payments into the DROP will be made monthly over 73 the period the employee participates in the DROP, up to a maximum of 60 months or, 74 pursuant to 401(A)(9) of the Internal Revenue Code payments age 70.5, whichever 75 occurs first. 76 L. An employee’s participation in the DROP shall terminate at the end of five years and 77 the employee shall separate from City employment. Upon entering into the DROP, an 78 employee shall file with the Board a binding non -revocable letter of resignation from 79 city employment. The binding letter of resignation shall establish a deferred termination 80 date in accordance with the limitations of this DROP which may be amended if an 81 employee wished to separate from employment earlier than the deferred termination 82 date. 83 M. All interest shall be credited to the employee’s DROP account less any outstanding loan 84 balances on a quarterly basis with quarterly statements provided. In the event that a 85 employee dies while in the DROP, interest shall be pro-rated to the last business day of 86 the month preceding the death of the employee. 87 N. During the period of the employee's participation in the DROP plan, the employee's 88 normal retirement benefit shall be accounted for and paid into the employee's DROP 89 plan account. 90 O. The employee's DROP plan account shall be invested with the retirement plan assets 91 and credited with interest equal to the overall net (earning less costs) investment rate of 92 return on the retirement plan assets during the period of the employee's participation in 93 Page 932 of 940 S:\CA\Ordinances\Consolidated DROP 090919 Version - Ordinance.Docx the DROP plan. Notwithstanding Fund performance, the crediting rate will be no less 94 than 0% and no more than 8%. 95 P. At the conclusion of the retiree's participation in the DROP plan, and as a condition of 96 participating in such plan, the retiree will continue retirement and terminate City 97 employment. The retiree will thereafter receive a normal monthly retirement benefit at 98 the same rate as previously calculated upon entry into the DROP but the monthly 99 amount will be paid to the retiree and no longer accounted for in the DROP plan account. 100 If the employee does not terminate participation in the DROP plan at the end of the sixty 101 (60) month maximum participation period, no earnings will be credited on the DROP 102 balance and no further DROP deposits will be made. 103 Q. No amount can be paid from the retirement plan until the DROP employee terminates 104 employment. 105 R. Upon termination, the retiree's DROP plan account will thereafter be distributed to the 106 retiree in a cash lump sum, which can be rolled over or paid in cash unless the retiree 107 elects an alternative distribution (a/k/a rollover). Direct rollover may be accomplished 108 by any reasonable means determined by the Pension Board. 109 S. If a retiree dies before distribution of the retiree's DROP plan account commences, the 110 account balance shall be distributed paid to the retiree's designated beneficiary in a lump 111 sum, which can be rolled over or paid in cash at the beneficiary’s discretion. 112 T. Distribution of an employee's DROP plan account shall begin as soon as 113 administratively practicable following the employee's termination of employment. The 114 employee must elect the distribution within but in no event later that 45 days following 115 the employee’s termination date. If the employee does not timely request the 116 withdrawal of the asset in the DROP plan, no further earnings will be credited on the 117 DROP balance. 118 U. Any form of payment selected by the employee must comply with the minimum 119 distribution requirements of the IRC 401(A)(9) e.g., payments must commence by age 120 70½. 121 Section 2 Following implementation as hereinafter described, all existing City 122 deferred retirement option plans, to the extent they conflict with the uniform terms of DROP 123 Page 933 of 940 S:\CA\Ordinances\Consolidated DROP 090919 Version - Ordinance.Docx established herein are deemed amended conform with this Ordinance. Non-conflicting 124 provision of existing DROP provisions will survive adoption of this Ordinance. 125 Section 3. It is the intention of the City Commission of the City of Boynton Beach 126 that the provisions of this Ordinance shall become and be made a part of the Code of Ordinances 127 of the City of Boynton Beach, Florida, and that the Sections of this Ordinance may be 128 renumbered, re-lettered and the word “Ordinance” may be changed to “Section,” “Article”, or 129 such other word or phrase in order to accomplish such intention. 130 Section 4. If any clause, section, or other part or application of this Ordinance shall 131 be held by any court of competent jurisdiction to be unconstitutional or invalid, such 132 unconstitutional or invalid part or application shall be considered as eliminated and so not 133 affecting the remaining portions or applications remaining in full force and effect. 134 Section 5. All Ordinances or parts of Ordinances, Resolutions or parts of 135 Resolutions in conflict herewith be and the same are hereby repealed to the extent of such 136 conflict. 137 Section 6. Copies of this Ordinance and the actuarial impact statement regarding 138 the proposed plan changes set forth herein shall be furnished to the State of Florida Division of 139 Retirement before the last public hearing on the pension plan modifications described herein is 140 held. The actuarial statement must also indicate whether the proposed plan or proposed plan 141 change is in compliance with s. 14, Art. X of the State Constitution and those provisions of part 142 VII of chapter 112, Chapter 185 Florida Statutes, and Chapter 175 Florida Statutes. 143 Section 7. This Ordinance shall become effective immediately upon its passage and 144 adoption. Implementation these consolidated provision for DROP benefits shall occur as 145 follows: 146 A. For non- bargaining unit employees: January 1, 2020. 147 B. For SEIU employees: January 1, 2020 or the date of ratification of a collective 148 bargaining agreement incorporating a reference to this Ordinance or the date of a waiver 149 of bargaining over the terms of this Ordinance, whichever occurs first. 150 Page 934 of 940 S:\CA\Ordinances\Consolidated DROP 090919 Version - Ordinance.Docx C. For PBA employees: October 1, 2019 or the date of ratification of a collective 151 bargaining agreement or MOU/CBA amendment incorporating a reference to this 152 Ordinance or the date of a waiver of bargaining over the terms of this Ordinance, 153 whichever occurs first. 154 D. For IAFF employees: January 1, 2020 or the date of ratification of a collective 155 bargaining agreement or MOU/CBA amendment incorporating a reference to this 156 Ordinance or the date of a waiver of bargaining over the terms of this Ordinance, 157 whichever occurs first. 158 FIRST READING THIS ___ October, 2019. 159 SECOND, FINAL READING AND PASSAGE this ______ day of ____________, 2019. 160 CITY OF BOYNTON BEACH, FLORIDA 161 YES NO 162 163 Mayor – Steven B. Grant _____ _____ 164 165 Vice Mayor – Justin Katz _____ _____ 166 167 Commissioner – Mack McCray _____ _____ 168 169 Commissioner – Christina L. Romelus _____ _____ 170 171 Commissioner – Ty Penserga _____ _____ 172 173 VOTE ______ 174 ATTEST: 175 176 177 _____________________________ 178 Crystal Gibson , MMC 179 City Clerk 180 181 182 (Corporate Seal) 183 184 Page 935 of 940 12.A. F UTURE A GE ND A I TE MS 10/15/2019 CIT Y OF BOY NTON BEACH AG ENDA I TEM REQUEST F ORM C O MMIS S IO N ME E T IN G D ATE: 10/15/2019 R E Q U E S TE D AC T IO N B Y C O MMIS S IO N: Commission will review and discuss our legislative priorities for the J anuary 2020 legislative session - November 5, 2019 E X P LAN ATIO N O F R E Q U E S T: H O W W IL L T H IS AFF E C T C IT Y P R O G R AMS O R S E RV IC E S? FIS C AL IMPAC T: ALT E R N ATIV E S: S TR ATE G IC P LAN: S TR ATE G IC P LAN AP P LIC AT IO N: C L IMAT E AC T IO N: C L IMAT E AC T IO N D IS C U S S IO N: Is this a grant? Grant Amount: Page 936 of 940 12.B. F UTURE A GE ND A I TE MS 10/15/2019 CIT Y OF BOY NTON BEACH AG ENDA I TEM REQUEST F ORM C O MMIS S IO N ME E T IN G D ATE: 10/15/2019 R E Q U E S TE D AC T IO N B Y C O MMIS S IO N: Ratify Police Collective Bargaining Agreements - November 5, 2019 E X P LAN ATIO N O F R E Q U E S T: H O W W IL L T H IS AFF E C T C IT Y P R O G R AMS O R S E RV IC E S? FIS C AL IMPAC T: ALT E R N ATIV E S: S TR ATE G IC P LAN: S TR ATE G IC P LAN AP P LIC AT IO N: C L IMAT E AC T IO N: C L IMAT E AC T IO N D IS C U S S IO N: Is this a grant? Grant Amount: Page 937 of 940 12.C. F UTURE A GE ND A I TE MS 10/15/2019 CIT Y OF BOY NTON BEACH AG ENDA I TEM REQUEST F ORM C O MMIS S IO N ME E T IN G D ATE: 10/15/2019 R E Q U E S TE D AC T IO N B Y C O MMIS S IO N: The Mayor requested the City Commission discuss the branding for the downtown area (town square) - November 5, 2019 E X P LAN ATIO N O F R E Q U E S T: H O W W IL L T H IS AFF E C T C IT Y P R O G R AMS O R S E RV IC E S? FIS C AL IMPAC T: ALT E R N ATIV E S: S TR ATE G IC P LAN: S TR ATE G IC P LAN AP P LIC AT IO N: C L IMAT E AC T IO N: C L IMAT E AC T IO N D IS C U S S IO N: Is this a grant? Grant Amount: Page 938 of 940 12.D. F UTURE A GE ND A I TE MS 10/15/2019 CIT Y OF BOY NTON BEACH AG ENDA I TEM REQUEST F ORM C O MMIS S IO N ME E T IN G D ATE: 10/15/2019 R E Q U E S TE D AC T IO N B Y C O MMIS S IO N: Staff and development team to provide brief update on Town Square Project - November 5, 2019 E X P LAN ATIO N O F R E Q U E S T: H O W W IL L T H IS AFF E C T C IT Y P R O G R AMS O R S E RV IC E S? FIS C AL IMPAC T: ALT E R N ATIV E S: S TR ATE G IC P LAN: S TR ATE G IC P LAN AP P LIC AT IO N: C L IMAT E AC T IO N: C L IMAT E AC T IO N D IS C U S S IO N: Is this a grant? Grant Amount: Page 939 of 940 12.E. FUTURE A GE ND A I TE MS 10/15/2019 CIT Y OF BOY NTON BEACH AG ENDA I TEM REQUEST F ORM C O MMIS S IO N ME E T IN G D ATE: 10/15/2019 R E Q U E S TE D AC T IO N B Y C O MMIS S IO N: Quarterly Census updates by Laura Lansburgh, Marketing Manager: December 17, 2019 March 17, 2020 E X P LAN ATIO N O F R E Q U E S T: H O W W IL L T H IS AFF E C T C IT Y P R O G R AMS O R S E RV IC E S? FIS C AL IMPAC T: ALT E R N ATIV E S: S TR ATE G IC P LAN: S TR ATE G IC P LAN AP P LIC AT IO N: C L IMAT E AC T IO N: No C L IMAT E AC T IO N D IS C U S S IO N: Is this a grant? No Grant Amount: Page 940 of 940