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Agenda 09-15-20 The City of wr Boynton Beach y City Commission Agenda Tuesday, September 15, 2020, 5:30 PM GoToWebinar Online Meeting and City Hall Community Room, 100 E. Ocean Avenue Boynton Beach City Commission Mayor Steven B. Grant (At Large) Vice Mayor Ty Penserga (District IV) Commissioner Justin Katz (District 1) Commissioner Woodrow L. Hay (District 11) Commissioner Christina L. Romelus (District III) Lori LaVerriere, City Manager James Cherof, City Attorney Crystal Gibson, City Clerk *Mission* To create a sustainable community by providing exceptional municipal services, in a financially responsible manner. -to- die,,C0 www.boynton-beach.org Page 1 of 1055 Welcome Thank you for attending the City Commission Meeting General Rules & Procedures for Public Participation at City of Boynton Beach Commission Meetings The Agenda: There is an official agenda for every meeting of the City Commissioners, which determines the order of business conducted at the meeting. The City Commission will not take action upon any matter, proposal, or item of business, which is not listed upon the official agenda, unless a majority of the Commission has first consented to the presentation for consideration and action. • Consent Agenda Items: These are items which the Commission does not need to discuss individually and which are voted on as a group. • Regular Agenda Items: These are items which the Commission will discuss individually in the order listed on the agenda. • Voice Vote: A voice vote by the Commission indicates approval of the agenda item. This can be by either a regular voice vote with "Ayes& Nays" or by a roll call vote. Speaking at Commission Meetings: The public is encouraged to offer comment to the Commission at their meetings during Public Hearings, Public Audience, and on any regular agenda item, as hereinafter described. City Commission meetings are business meetings and, as such, the Commission retains the right to impose time limits on the discussion on an issue. • Public Hearings: Any citizen may speak on an official agenda item under the section entitled "Public Hearings." • Public Audience: Any citizen may be heard concerning any matter within the scope of the jurisdiction of the Commission - Time Limit- Three (3) Minutes. Regular Agenda Items: Any citizen may speak on any official agenda item(s) listed on the agenda after a motion has been made and properly seconded, with the exception of Consent Agenda Items that have not been pulled for separate vote, reports, and presentations. - Time Limit- Three (3) Minutes. Due to the COVI D-19 public health emergency and in accordance with Governor DeSantis's Emergency Orders, the City of Boynton Beach has temporarily suspended in-person public meetings. The City requests that all citizens follow the safe at home guidance provided by the State, the County, and the Federal Government. The City of Boynton Beach encourages interested parties to attend and participate in public meetings via communications media technology online. To view and/or participate in the City Commission meeting you have the following options: 1. Watch the meeting online, but not participate: You may watch the meeting via the GoToWebinar platform. Visit the City's website at www.boynton-beach.org to access the up-to-date link to the meeting. 2. Watch the meeting online and provide public comment prior to the meeting: You may watch the meeting as listed above and provide written comments by emailing citymanager@bbfl.us by Noon on September 15, 2020 or calling (561) 742-6006 and leaving a message on the public comment Page 2 of 1055 hotline. Messages left on the hotline will be transcribed. Please include your full name and the specific agenda item number(s) for your comments. Comments received by the deadline will be read into the record. Please note that time limits will be enforced so written comments must be limited to no more than 3 minutes. 3. Watch the meeting online and provide public comment during the meeting: To request to speak during the meeting, you can electronically "raise your hand" or type a question using the GoToWebinar platform. The meeting moderator will announce when it is your turn to speak or have your question addressed. Please note that time limits will be enforced so comments must be limited to no more than 3 minutes. For additional information or for special assistance prior to the meeting, please contact Crystal Gibson, City Clerk, at cityclerk@bbfl.us or (561) 742-6061. Page 3 of 1055 1. Openings A. Call to Order - Mayor Steven B. Grant Invocation by Pastor Bob Bender of Christ Fellowship Church Pledge of Allegiance to the Flag led by Vice Mayor Ty Penserga Roll Call Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption 2. Other A. Informational items by Members of the City Commission 3. Announcements, Community And Special Events And Presentations A. Quarterly update by Laura Lansburgh, Marketing Manager, about the City's Census Marketing Efforts over the past quarter. B. Proclaim the week of September 17-23, 2020 as Constitution Week. Marjorie Ferrer of the Daughters of the American Revolution will accept the proclamation. C. Mayor Steven B. Grant to proclaim the month of September as Deaf Awareness Month. June McMahon, with Palm Beach County Association of the Deaf will accept the proclamation. D. Mayor Steven B. Grant to recognize and present a certificate to the City's 1st Inclusion Works Business Partner, Joy Ford-Fradique and the Access Perfect Homes Team at Keller Williams Realty. 4. Public Audience Individual Speakers Will Be Limited To 3 Minute Presentations (at the discretion of the Chair, this 3 minute allowance may need to be adjusted depending on the level of business coming before the City Commission) 5. Administrative A. Appoint eligible members of the community to serve in vacant positions on City advisory boards. 6. 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 A. Proposed Resolution No. 20-097-Authorize the City Manager to sign a piggy back agreement with ETR, L.L.C., and approve the issuance of a purchase order for replacement Fire Rescue vehicle in the estimated amount of $358,438.00 by utilizing the following contract: Florida Sheriffs Association, FS20-VEF 14.02 B. Authorize the Finance Department to reduce the Allowance for Uncollectible Account and the Accounts Receivable Accounts by $167,551.62 on 1,204 customers. The amount includes small balances less than $25.00. This amount consists of unpaid Utility and Solid Waste billings, miscellaneous charges (late fees, penalties, service adjustments), taxes and other adjustments, that Page 4 of 1055 have been in collections over one year prior to September, 2019, the occurrence of the last write- off, through November, 2017 final accounts with balances. The period is defined as November, 2017 through September, 2019. C. Approve the one-year extension for RFPs/Bids and/ or piggybacks for the procurement of services and/or commodities as described in the written report for September 15, 2020- "Request for Extensions and/or Piggybacks." D. Review of legal invoices. No action required. E. Proposed Resolution No. R20-98-Authorize the Mayor to sign the application and agreement for Library State Aid to Public Libraries Grant for FY2020-2021. F. Proposed Resolution No. R20-099 - Authorize the City Manager to sign a Letter of Agreement (LOA) with the Agency for Health Care Administration (ANCA) for the State Fiscal Year 20-21 PEMT MCO Program. G. Approve minutes from the City Commission meeting on September 1, 2020. 7. Consent Bids and Purchases over$100,000 A. Proposed Resolution No. R20-100- Approve a phased Progressive Design-Build contract with Garney Companies, Inc. for the expansion of the existing Reclaimed Water Distribution System and authorize the City Manager to sign the contract. The Phase 1 lump sum cost for conducting field investigations and design to develop a Guaranteed Maximum Price (GMP) for construction is $614,277.79. Garney Companies, Inc. was selected through Request for Qualifications (RFQ) #013-2821-19/TP and approved by the City Commission on July 2, 2019. B. Proposed Resolution No. R20-101 - Approve the Property, Casualty, and Workers' Compensation insurance coverage with Florida Municipal Insurance Trust (FMIT) and authorize City Manager to sign all required documents for the term of the policy: October 1, 2020 - September 30, 2021. C. Award Task Order F-2-2020 Town Square Maintenance Services as part of Contract No. 009- 2511-20/RW for Town Square/City Facilities Maintenance Services, and authorize the City Manager to issue a Purchase Order to in the total amount of$556,951.00 per year. D. Approve Task Order UT-2A-02 with CH2M Hill Engineers, Inc. (Jacobs) in the sum of $320,533.00 in accordance with RFQ No. 047-2821-17/TP, General Consulting Services Contract, Scope Category A awarded by Commission on September 7, 2018 for Pilot Testing and Improvements to Pre-Treatment and NF Membrane Skids at the West WTR E. Proposed Resolution No. R20-102-Approve the negotiated cost for RFQ # 035-2413-19/MFD for SE 1st Street Sidewalk Improvements Design and Consulting Services and Authorize the City Manager to enter in an agreement with Kimley-Horn for the amount of $253,976.00 plus a 10% contingency of $25,397.60 for unforeseen conditions for a total estimated expenditure of $279,343.60. F. Proposed Resolution No. R20-103- Award RFP No. 034-2410-19/EM and authorize the City Manager to enter into a contract with Sages Network Inc. for a contract amount of$571,300.00 over a period of five (5) years for Electronic Plan Review Submittal and Markup Management System with Mobile Inspection Software. G. Motion to approve an increase to purchase order #201166 to Beltmann Relocation Group, Inc. from$90,000.00 to $115,000 per the City RFP#015-1210-18/IT H. Award task order GIS-UMT-02-20 with Florida Technical Consultants, LLC., in the amount of $291,870 as a result of RFQ No.007-2821-20/TP, Geographic Information Services (GIS) Engineering Services, awarded by City Commission July 7, 2020 to update the Utility Atlas. I. Award Task Order F-3-2020 Quantum Park District - ABM Landscape Maintenance as part of Contract No. 009-2511-20/RW for Town Square/City Facilities Maintenance Services, and authorize the City Manager to issue a Purchase Order to in the total amount not to exceed Page 5 of 1055 $213,000 per year. J. Approve the piggyback of the agreement between the City of Plantation and Allied Universal Corporation for Sodium Hypochlorite and authorize the City Manager to sign an agreement letter with Allied Universal for the period of October 20, 2020 to October 20, 2021. 8. Public Hearina 6 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. 20-015 Second Reading - Approve amendments to the Comprehensive Plan Utilities Element to include an update to the 10-year Water Supply Facilities Work Plan. B. Approval of the Exotic Motorworks Conditional Use application (COUS 20-002) to allow an automobile diagnostics facility exclusively for luxury and/or high-performance vehicles at 816 SE 1 st Street. C. Proposed Ordinance No. 20-031- First Reading -Approve Catanzaro Residential Future Land Use Map Amendment from Local Retail Commercial (LRC) to Medium Density Residential (MEDR). Proposed Ordinance No. 20-032- First Reading -Approve Catanzaro Residential Rezoning from C-2 Neighborhood Commercial to R-3 Multi-Family Residential. 9. City Manager's Report A. Proposed Resolution No. R20-104- Approve and authorize the City Manager to sign an Interlocal Agreement with Florida International University to prepare a Diversity and Equity Assessment of City Systems that will review the City's internal systems, policies, and processes to establish the capacity to assess, implement, and monitor a social and racial equity strategy and foster a culture of diversity and inclusion. The assessment will produce a final report summarizing the key findings and provide detailed policy recommendations to address the needs, challenges and opportunities. Further, training will be provided in two phases for all city employees. B. Proposed Resolution No. R20-105 - Approve and authorize the City Manager to sign an I nterlocal Agreement with Florida International University to prepare a Racial and Social Equity Comprehensive Community Needs Assessment to include three (3) phases: an analytical analysis of the City's demographics and established Focus Areas, local community engagement, and a final report summarizing the key findings under each policy area and provide detailed policy recommendations to address the needs, challenges and opportunities. 10. Unfinished Business - None 11. New Business A. Discuss Commission interest and authorize online participation in the National League of Cities City Summit on November 18-21, 2020. 12. Legal A. Proposed Resolution No. R20-093- Approve and authorize the Mayor to sign documents releasing and creating project easements. (Tabled from the September 1, 2020 Commission meeting.) B. Discussion and direction by City Commission regarding the Letter of Intent from Mallorca Isles, Page 6 of 1055 LLC., regarding the Nickels Blvd property. 13. Future Agenda Items A. Mayor Grant requested a discussion regarding interviewing City staff about their positions and a City Career Fair - TBD B. Mayor Grant requested a discussion regarding funding of trees and a review of the city's Memorial Tree Fund policy - TBD C. Vice Mayor Penserga requested a discussion regarding a City Mural Program- TBD D. Public Hearing for application submittal for Legacy at Boynton Beach Mixed Use Development- a new mixed use development in the downtown core- October 6, 2020 (as currently scheduled) E. At the request of Mayor Grant, Human Resources will present information regarding the City's internship program. - October 20, 2020 F. Mayor Grant has requested a discussion regarding the Workforce House Ordinance - October or November 2020 G. Update on the Town Square Naming Rights Campaign - October 20, 2020. H. City Staff to provide the Commission with an update on the status of the Art in Public Places Program including the Kinetic Art Exhibit, the recruitment process for Public Arts Manager and mural installation at Fire Station 1 - October 6, 2020 1. Hear monthly update from J KM Developers and E21L Solutions on Town Square project- October 6, 2020. 14. Adjournment Notice lfaperson decides to appeal to any decision made by the City Commission with respect to any matter considered at this meeting,He/She will need a record ofthe proceedings and,for such purpose,He/She may need to ensure that a verbatimrecord ofthe proceedings is made,which record includes the testimony and evidence upon which the appeal is to be based.(ES.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 Clerks office,(561)742- 6060 or(TTY)1-800-955-8771,at least 48 hours prior to the programor activity in order for the city to reasonably accommodate your request. Additional agenda iterns may be added subsequent to the publication ofthe agenda on the city's web site.Information regarding iterns added to the agenda after it is published on the city's web site can be obtained fromthe office ofthe City Clerk Page 7 of 1055 1.A. OPENING ITEMS 9/15/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 9/15/2020 Requested Action by Commission: Call to Order- Mayor Steven B. Grant Invocation by Pastor Bob Bender of Christ Fellowship Church Pledge of Allegiance to the Flag led by Vice Mayor Ty Penserga Roll Call Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption Explanation of Request: How will this affect city programs or services? Fiscal Impact: Non-budgeted Alternatives: Strategic Plan: Strategic Plan Application: Climate Action: No Climate Action Discussion: Is this a grant? No Grant Amount: Page 8 of 1055 2.A. OTHER 9/15/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 9/15/2020 Requested Action by Commission: Informational items by Members of the City Commission Explanation of Request: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action: Climate Action Discussion: Is this a grant? Grant Amount: Page 9 of 1055 3.A. ANNOUNCEMENTS, COMMUNITYAND SPECIAL EVENTS AND PRESENTATIONS 9/15/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 9/15/2020 Requested Action by Commission: Quarterly update by Laura Lansburgh, Marketing Manager, about the City's Census Marketing Efforts over the past quarter. Explanation of Request: Laura Lansburgh, Marketing Manager, will update and inform the Commission and the community about the City's Census outreach efforts over the past quarter. How will this affect city programs or services? Every decade, the U.S. Census Bureau counts America's population and uses the data to distribute $675 billion of federal funding to states and communities each year. Fiscal Impact: Budgeted Alternatives: Strategic Plan: Building Wealth in the Community Strategic Plan Application: Climate Action: No Climate Action Discussion: Is this a grant? Grant Amount: Page 10 of 1055 3.B. ANNOUNCEMENTS, COMMUNITYAND SPECIAL EVENTS AND PRESENTATIONS 9/15/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 9/15/2020 Requested Action by Commission: Proclaim the week of September 17-23, 2020 as Constitution Week. Marjorie Ferrer of the Daughters of the American Revolution will accept the proclamation. Explanation of Request: September 17, 2020, marks the two hundred and thirty-third anniversary of the drafting of the Constitution of the United States of America by the Constitutional Convention. Public Law 915 guarantees the issuing of a proclamation each year by the President of the United States of America designating September 17 through 23 as Constitution Week. How will this affect city programs or services? N/A Fiscal Impact: N/A Alternatives: Do not proclaim September 17-23, 2020 as Constitution Week. Strategic Plan: Strategic Plan Application: Climate Action: Climate Action Discussion: Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Proclamation Proclamation-Constitution Week Page 11 of 1055 Proclamation WHEREAS, September 17, 2020, marks the two hundred and thirty-third anniversary of the drafting of the Constitution of the United States of America by the Constitutional Convention;and WHEREAS, It is fitting and proper to accord official recognition to this magnificent document and its memorable anniversary;and to the patriotic celebrations which will commemorate the occasion;and WHEREAS,it is important that all citizens fully understand the provisions, principles, and meaning of the Constitution so they can support,preserve,and defend it;and WHEREAS, Public Law 915 guarantees the issuing of a proclamation each year by the President of the United States of America designating September 17 through 23 as Constitution Week, NOW THEREFORE,I,Steven B. Grant,Mayor of the City of Boynton Beach,Florida,do hereby proclaim the week of September 17 h through 23'Two Thousand Twenty as: constitution M_'�_'k. AND ask our citizens to reaffirm the ideals the Framers of the Constitution had in 1787 by vigilantly protecting the freedoms guaranteed to us through this guardian of our liberties, remembering that lost rights may never be regained. IN WITNESS WHEREOF,I have hereunto set my band and caused the Seal of the City of Boynton Beach, Florida,to be affixed at Boynton Beach,Florida,this 15,h day September,Two Thousand and Twenty. Steven B. Grant,Mayor ATTEST: Crystal Gibson,MMC City Clerk 3.C. ANNOUNCEMENTS, COMMUNITYAND SPECIAL EVENTS AND PRESENTATIONS 9/15/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 9/15/2020 Requested Action by Commission: Mayor Steven B. Grant to proclaim the month of September as Deaf Awareness Month. June McMahon, with Palm Beach County Association of the Deaf will accept the proclamation. Explanation of Request: The City of Boynton Beach, incompliance with the Americans with Disabilities Act, is committed to providing effective communication, which includes the provision of American Sign Language (ASL) interpreters. This proclamation reminds individuals who are Deaf, hard of hearing, or late-deafened that we welcome and value them as members of our community. American Sign Language is the third most widely used language in the United States. Deaf people do not feel that they are disabled in any way, where in fact we must recognize that deaf people can do anything except hear. Over 466 million people worldwide have a disabling hearing loss and 48 million Americans have significant hearing loss of these almost 6 million are profoundly deaf. In Boynton Beach, we have 60 self-identified families who use American Sign language as their first language. How will this affect city programs or services? Fiscal Impact: N/A Alternatives: Strategic Plan: Strategic Plan Application: Climate Action: Climate Action Discussion: Is this a grant? Grant Amount: Page 13 of 1055 ATTACHMENTS: Type Description D Proclamation Deaf Awareness Month Proclamation Page 14 of 1055 Proclamation Whereas,ninety-three percent of Deaf children are born into hearing families,only seven percent are born into deaf families. Whereas,American Sign Language is the third most widely used language in the United States. Whereas,Deaf people do not feel that they are disabled in any way,where in fact we must recognize that deaf people can do anything except hear. Whereas, 466 million people worldwide have a disabling hearing loss and 48 million Americans have significant hearing loss of these almost 6 million are profoundly deaf. Whereas,to learn more about the types of educational programs and support services that are available to Deaf and hard of hearing children. Whereas, we believe Boynton Beach's Deaf, Deafblind, Hard of Hearing & Late Deafened individuals should have the same access to many benefits and opportunities available to live, work, play and communicate in Boynton Beach, NOW THEREFORE,I,Steven B. Grant,Mayor of the City of Boynton Beach,Florida,do hereby proclaim the month of September,as: Deaf Awareness Month and encourage all residents of our community to do your part and wear a clear mask, take an American Sign Language Class or learn more about Deaf culture. IN WITNESS WHEREOF,I have hereunto set my hand and cause the Seal of the City of Boynton Beach, Florida,to be affixed at Boynton Beach Florida,the 15,h day of September,Two Thousand Twenty. Steven B. Grant,Mayor ATTEST: Crystal Gibson City Clerk 3.D. ANNOUNCEMENTS, COMMUNITYAND SPECIAL EVENTS AND PRESENTATIONS 9/15/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 9/15/2020 Requested Action by Commission: Mayor Steven B. Grant to recognize and present a certificate to the City's 1st Inclusion Works Business Partner, Joy Ford-Fradique and the Access Perfect Homes Team at Keller Williams Realty. Explanation of Request: The Access Perfect Homes Team is comprised of dedicated real estate professionals who understand the needs of those with mobility issues and the advantages of a barrier free home. They have met all of the requirements of the Inclusion Works Business Program including establishing a policy to fully commit to the Americans with Disabilities Act (ADA), participating in training on Customer Service, establishing a Service Animal policy and developing multiple methods for patrons to provide feedback including a policy on how to address grievances. I n addition, they have selected voluntary practices to become more inclusive. How will this affect city programs or services? Access Perfect Homes Team is a member of the City's Inclusion Support Team. They provide insight and feedback on accessibility to City services, assist with review of the City's ADA Transition Plan, support inclusive community events and more. As our business partner, we hope to work more closely to assist residents with mobility issues so they may live comfortably at home, regardless of age or disability. Fiscal Impact: N/A Alternatives: N/A Strategic Plan: Strategic Plan Application: Climate Action: Climate Action Discussion: Is this a grant? Grant Amount: Page 16 of 1055 5.A. ADMINISTRATIVE 9/15/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 9/15/2020 Requested Action by Commission: Appoint eligible members of the community to serve in vacant positions on City advisory boards. Explanation of Request: The attached list contains the names of those who have applied for vacancies on the various advisory boards. A list of vacancies is provided with the designated Commission members having responsibility for the appointment to fill each vacancy. How will this affect city programs or services? Appointments are necessary to keep our advisory boards full and operating as effectively as possible Fiscal Impact: Non-budgeted Alternatives: Allow vacancies to remain unfilled. Strategic Plan: Building Wealth in the Community Strategic Plan Application: Building Wealth in the Community Climate Action: No Climate Action Discussion: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Addendum Appointments and Applicants for 09-15-2020 D Attachment Karten, Lindsay D Attachment Sexton, Rhonda Page 17 of 1055 Appointments and Applicants for September 15, 2020 Building Board of Adjustments and Appeals I Katz Alt 2 yr term to 12/21 11 Hay Reg 2 yr term to 12/21 III Romelus Reg 2 yr term to 12/21 Applicants: None Historic Resources Preservation Board Mayor Grant Alt 2 yr term to 12/21 (Tabled 3) Applicant: Rhonda Sexton Library Board Mayor Grant Reg 2 yr term to 12/20 1 Katz Alt 2 yr term to 12/20 11 Hay Alt 2 yr term to 12/21 Applicant: Lindsay Karten Recreation and Parks Board Mayor Grant Reg 2 yr term to 12/21 Applicants: None Page 18 of 1055 Gibson, C stat From: lindsaykarten <noreply@123formbuilder.io> Sent: Saturday, September 5, 2020 5:11 PM To: City Clerk Subject: Advisory Board Appointment application Attachments: Lindsay_Kartens_resume.doc Today's date 09/05/2020 Name Lindsay Karten Phone number 954-288-5491 Address 3386 Churchill Drive Boynton Beach FL 33435 United States Email lindsaykarten@gmail.com Current occupation or, if retired, Lawyer prior occupation Education Juris Doctorate Are you a registered Yes voter? Do you reside within the Boynton Yes Beach City limits? Do you own/manage a business No within City limits? If"yes",name of business: Are you currently No serving on a City board? Have you No served on a i Page 19 of 1055 City board in the past? If"yes",which board(s) and when? Have you ever been convicted No of a crime? If"yes",when and where? Advisory Library Board Board Personal I have been a practicing lawyer in South Florida for the past 14 years. I\'ve resided in Delray Qualifications Beach/Boynton Beach for the past 13 years. Professional Florida Association of Women Lawyers, Palm Beach County Justice Association and I am Memberships admitted to practice in the State of Florida, the United States District Court, Southern District of Florida and the United States District Court,Northern District of Florida. Feel free to attach/upload litti)s://www.123formbuilder.com/u.t)load did i.ilei)?fileid= d2fabcl l833f f c 60667 be an extra sheet or resume. Certification I, the applicant,hereby certify that the statements and answers provided herein are true and accurate. I understand that, if appointed, any false statements may be cause for removal from a board. The message has been sent from 66.229.217.19(United States)at 2020-09-05 16:11:29 on Safari 13.1.1 Entry ID:401 Referrer:Lqt2.sZ/www.boVnton-beach.org Form Host: htt s: ,123formbuiider.com form-583214 Advisor -Board- P- ointment-Ani iication 2 Page 20 of 1055 LINDSAY KARTEN, ESQUIRE 3386 Churchill Drive, Boynton Beach, FL 33435, - (cell)954-288.5491 LindsayKarten@gmail.com BAR ADMISSIONS: • The Florida Bar • U.S. District Court, Northern District of Florida • U.S. District Court, Southern District of Florida EDUCATION: NOVA SOUTHEASTERN UNIVERSITY, Shepard Broad Law Center, Fort Lauderdale, Florida, Juris Doctor, May 2006 UNIVERSITY OF FLORIDA, Gainesville, Florida Bachelor of Arts, May 2003 Major: Political Science Minor: Mass Communications EXPERIENCE: Keller Melchiorre&Walsh PLLC., Jupiter, Florida Associate, October 2019 through present • Preparation of Motions for Summary Judgment and attended hearings on same • Attended pretrial conference, pretrial hearings and trial • Took numerous depositions • Attended mediations • Preparation of initial complaints and discovery • Client contact from sign up through settlement Deitsch &_Wright, P.A., Lake Worth, Florida Associate, May 2008 through October 2019 • Preparation of Motions for Summary Judgment and attended hearings on same • Attended pretrial conference, pretrial hearings and trial • Took numerous depositions • Attended mediations • Prepared Answers to Appellate Briefs • Preparation of initial complaints and discovery Daniels, Kashtan, Downs, Robertson & McGimn y, Ft. Lauderdale, Florida Associate, February 2007 May 2008 Page 21 of 1055 • Preparation of Answers to Interrogatories,Answers to Requests for Admissions and Answers to Complaints • Preparation of Response to Motion for Summary Judgment and Requests for Production • Preparation of Motions for Summary Judgment • Attend pretrial conference, pretrial hearings and trial COMPUTER SKILLS: Proficient in LEXIS,Westlaw,WordPerfect, Microsoft Office and ACT Page 22 of 1055 Cher -Guberman, Catherine From: City Clerk Sent: Tuesday, September 08, 2020 8:41 AM To: Cherry-Guberman, Catherine Subject: FW:Advisory Board Appointment application From: rhonda <noreply@123formbuilder.io> Sent:Saturday,September 5, 2020 11:11 AM To: City Clerk<CityClerk@bbfl.us> Subject:Advisory Board Appointment application Today's date 09/05/2020 Name Rhonda Sexton Phone number 561-445-0660 Address 2439 SW 35th Ave Delray Beach FL 33445 United States Email rhonda(ibsextonhouse.com Current occupation or, if Cgc 1516520 General contractor, interior designer retired, prior occupation Education University of Kentucky B S in Housing and Interior Design Are you a registered voter? Yes Do you reside within the No Boynton Beach City limits? Do you own/manage a business within City limits? Yes If"yes",name of business: Blue Shutter Properties Are you currently serving No on a City board? Have you served on a City Yes board in the past? If"yes",which board(s) In Delray Beach I have served on the Historic Preservation Board over 10 years and when? total,but not currently serving. Have you ever been No convicted of a crime? If"yes",when and where? Advisory Board Historic Resources Preservation Board i Page 23 of 1055 Personal Qualifications Hello, I am currently seving as secretary for the Delray Beach Preservation Trust and have served 10 years On and off on the Delray Beach Historic Preservation Board. I live in Delray Beach but, I currently own two properties in Boynton Beach, one at 324 N W 1 st Ave, which was built in 1925 and a house on Gulfstream Blvd built in 1959. I am originally from historic Frankfort , Kentucky, which is the Capitol of Kentucky and have always had interest in old and historic architecture. I believe it is important to share our history to build our community. Thank you for consideration to the Historic Resources Preservation Board, Rhonda Sexton Professional Memberships Feel free to attach/upload an extra sheet or resume. Certification I,the applicant,hereby certify that the statements and answers provided herein are true and accurate. I understand that, if appointed, any false statements may be cause for removal from a board. The message has been sent from 73.49.152.67(United States)at 2020-09-05 10:10:33 on Safari 13.1.2 Entry ID:400 Referrer:haps:ZZww .boyritora®beat Form Host: httos://www.123forryibuilder.comZform-583214/Advisory-Board-koir�toraerat® licatiora 2 Page 24 of 1055 6.A. Consent Agenda 9/15/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 9/15/2020 Requested Action by Commission: Proposed Resolution No. 20-097-Authorize the City Manager to sign a piggy back agreement with ETR, L.L.C., and approve the issuance of a purchase order for replacement Fire Rescue vehicle in the estimated amount of$358,438.00 by utilizing the following contract: Florida Sheriffs Association, FS20-VEF 14.02 Explanation of Request: The Fleet Manager recommends the purchase of one (1) replacement vehicle for Fire/Rescue. Attached is a spreadsheet indicating vendor, number of units ordered, user department, bid/contract information and cost. FSA20-VEF 14.02 (Effective May 1, 2020— March 31, 2023). The Fleet Maintenance Division intends to award the following vendor for purchase as follows (see attached Exhibit 1 for vendor details): 1. ETR L.L.C. for one (1) International/ETR medium rescue for Fire/Rescue in the amount of $358,438.00. This unit utilizes the FSA20-VEF 14.02 contract How will this affect city programs or services? This vehicle will be used throughout the City to provide services to our residents. Fiscal Impact: Budgeted Funding in the amount of$358,438.00 for the purchase of the rescue unit is allocated in account#501- 2516-519.64-33. Alternatives: None Strategic Plan: Strategic Plan Application: N/A Climate Action: No Climate Action Discussion: Is this a grant? No Grant Amount: Page 25 of 1055 Contracts Vendor Name: ETR LLC Start Date: 5/11/2020 End Date: 3/31/2021 Contract Value: Minority Owned Contractor?: No Extension Available?: No Extension Explanation: ATTACHMENTS: Type Description D Resolution Resolution approving Piggy-back Agreement with ETR for purchase of Fire Rescue vehicle D Agreement Piggy-back Agreement with ETR for the purchase of a Fire Rescue vehicle D Contract Agenda Attachment® FSA Contract 1 D Contract Agenda Attachment® FSA Spec Sheet D Contract Agenda Attachment® Rescue Spec D Attachment Agenda Attachment- Vehicle Spreadsheet D Quotes Agenda Attachment® Rescue quote D Quotes Agenda Attachment® ETR Boynton each Shop Order Page 26 of 1055 I RESOLUTION NO. R20- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 4 APPROVING AND AUTHORIZING THE CITY MANAGER TO SIGN 5 A PIGGY-BACK AGREEMENT WITH ETR, L.L.C.,AND APPROVE 6 THE ISSUANCE OF A PURCHASE ORDER FOR REPLACEMENT 7 FIRE RESCUE VEHICLE IN THE ESTIMATED AMOUNT OF 8 $358,438.00 BY UTILIZING THE FLORIDA SHERIFFS 9 ASSOCIATION CONTRACT FS20-VEF 14.02 ; AND PROVIDING AN 10 EFFECTIVE DATE. 11 12 13 WHEREAS, the Fleet Manager recommends the purchase of one (1) replacement 14 vehicle for Fire/Rescue which will be used throughout the City to provide services to City 15 residents; and 16 WHEREAS, the City Commission of the City of Boynton Beach, upon the 17 recommendation of staff, deems it in the best interest of the citizens and residents of the City 18 of Boynton Beach to approve and authorizes the City Manager to sign a piggy back agreement 19 and approve the issuance of a purchase order which approval shall be subject to the final 20 approval by the City Attorney, for replacement Fire Rescue vehicle in the estimated amount 21 of$358,438.00 by utilizing the Florida Sheriffs Association Contract FS20-VEF 14.02. 22 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 23 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 24 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being 25 true and correct and are hereby made a specific part of this Resolution upon adoption hereof. 26 Section 2. The City Commission of the City of Boynton Beach hereby approves 27 and authorizes the City Manager to execute a piggy back agreement and approve the issuance 28 of a purchase order, subject to the final approval by the City Attorney, for replacement Fire 29 Rescue vehicle in the estimated amount of $358,438.00 by utilizing the Florida Sheriffs Page 27 of 1055 3o Association ContractFS20-VEF 14.02. 31 Section 3. A copy of the piggy-back Agreement and Purchase Order in substantial 32 form are attached hereto as Exhibits "A" and "B" respectively, and shall be executed by the 33 City Manager and other appropriate city officials once approved by the City Attorney. 34 Section 4. That this Resolution shall become effective immediately upon passage. 35 PASSED AND ADOPTED this 15'h day of September, 2020. 36 CITY OF BOYNTON BEACH, FLORIDA 37 YES NO 38 39 Mayor— Steven B. Grant 40 41 Vice Mayor— Ty Penserga 42 43 Commissioner—Justin Katz 44 45 Commissioner—Woodrow L. Hay 46 47 Commissioner—Christina L. Romelus 48 49 VOTE 5o ATTEST: 51 52 53 54 Crystal Gibson, MMC 55 City Clerk 56 57 58 (Corporate Seal) 59 Page 28 of 1055 INSTRUMENTATION PRODUCTS, OEM PARTS, PREVENTIVE MAINTENANCE AND REPAIRS CONTRACT This Agreement is made as of this day of , 2020 by and between ETR, LLC.,, a Florida limited liability company with a principal place of business at 212 Hickman Drive, Sanford, FL 32771 ("ETR" or "Vendor"), and THE CITY OF BOYNTON BEACH, a Florida municipal corporation, with a mailing address of Post Office Box 310, Boynton Beach,FL 33425 (the"City"). RECITALS WHEREAS, the City of Boynton Beach Fleet Manager is recommending replacement of a Fire Rescue truck; and WHEREAS, The City of Boynton Beach will be purchasing the following vehicle from ETR L.L.C. for one (1) International/ETR medium rescue for Fire/Rescue in the amount of $358,438.00 utilizing the FSA20-VEF 14.02 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 ETR agree that ETR shall provide with the same terms, conditions, specifications and pricing based on Florida Sheriffs Association contract, a copy of which is attached hereto as Exhibit"A", with the maximum anticipated annual expenditure under this contract expected to be $358,438.00, except as hereinafter provided: A. All references to Florida Sheriffs Association, shall be deemed as references to the City of Boynton Beach. B. All Notices to the City shall be sent to: Page 1 C:AProgram Files(X86)ANeevia.Com\DocconverterproATemp\NVDC\E13580D3-F87C-439A-9085-AE2D437D034C\Boynton Beach.22520.1.Piggyback Agreement (Florida Sheriff)_With_ETR LLC For Fire_Rescue Unit.Docx Page 29 of 1055 City: Lori LaVerriere, City Manager City of Boynton Beach P.O. Box 310 Boynton Beach, Florida 33425 Telephone: (561)742-6010/Facsimile: (561) 742-6090 Copy : James A. Cherof, City Attorney Goren, Cherof, Doody & Ezrol, PA. 3099 East Commercial Boulevard, Suite 200 Fort Lauderdale, FL 33308 Telephone: (954) 771-4500 Facsimile: (954) 771-4923 C. The following terms and conditions are hereby incorporated into the Agreement: Scrutinized Companies By execution of this Agreement, in accordance with the requirements of F.S. 287-135 and F.S. 215.473,Vendor certifies that Vendor is not participating in a boycott of Israel. Vendor further certifies that Vendor 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 Vendor 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 Vendor of the City's determination concerning the false certification. Vendor shall have five (5) days from receipt of notice to refute the false certification allegation. If such false certification is discovered during the active Agreement term,Vendor 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 Vendor 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 Agreement and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time. D. Records shall be deleted in it's entirety and replaced with the following: The City is public agency subject to Chapter 119, Florida Statutes. The Vendor shall comply with Florida's Public Records Law. Specifically, the Vendor shall: 1) Keep and maintain public records required by the CITY to perform the service; Page 2 C:AProgram Files(X86)ANeevia.Com\DocconverterproATemp\NVDC\E13580D3-F87C-439A-9085-AE2D437D034C\Boynton Beach.22520.1.Piggyback Agreement (Florida Sheritl)_With_ETR LLC For Fire_Rescue Unit.Docx Page 30 of 1055 2) Upon request from the CITY's custodian of public records, provide the CITY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in chapter 119, Fla. Stat. or as otherwise provided by law; 3) Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the Agreement term and, following completion of the contract, Vendor shall destroy all copies of such confidential and exempt records remaining in its possession once the Vendor transfers the records in its possession to the CITY; and 4) Upon completion of the contract, Vendor shall transfer to the CITY, at no cost to the CITY, all public records in Vendor's possession All records stored electronically by Vendor must be provided to the CITY, upon request from the CITY's custodian of public records, in a format that is compatible with the information technology systems of the CITY. 5) IF THE VENDOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUES, TO THE VENDOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: CITY CLERK P.O. BOX 310 BOYNTON BEACH, FL, 33425 561-742-6061 CITYCLERK@BBFL.US Section 3. In the event that the Florida Sheriffs Association Contract is amended, or terminated, ETR shall notify the City within ten (10) days. In the event the Florida Sheriffs Association Agreement is amended or terminated prior to its expiration, this Agreement 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.ETR 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 3 C:AProgram Files(X86)ANeevia.Com\DocconverterproATemp\NVDC\E13580D3-F87C-439A-9085-AE2D437D034C\Boynton Beach.22520.1.Piggyback Agreement (Florida Sheritl)_With_ETR LLC For Fire_Rescue Unit.Docx Page 31 of 1055 Section 6. 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. Section 7. In all other aspects, the terms and conditions of the Florida Sheriffs Association Contract are hereby ratified and shall remain in full force and effect under this Agreement, 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 Crystal Gibson, MMC, City Clerk APPROVED AS TO FORM: James A. Cherof, City Attorney ETR, LLC. WITNESSES: BY: Print Name: Title: Managing Member ATTEST: SECRETARY Page 4 C:AProgram Files(X86)ANeevia.Com\DocconverterproATemp\NVDC\E13580D3-F87C-439A-9085-AE2D437D034C\Boynton Beach.22520.1.Piggyback Agreement (Florida Sheritl)_With_ETR LLC For Fire_Rescue Unit.Docx Page 32 of 1055 EXHIBIT A CONTRACT BETWEEN FLORIDA SHERIFFS ASSOCIATION AND ETR, LLC., Page 5 C:AProgram Files(X86)ANeevia.Com\DocconverterproATemp\NVDC\E13580D3-F87C-439A-9085-AE2D437D034C\Boynton Beach.22520.1.Piggyback Agreement (Florida Sheritl)_With_ETR LLC For Fire_Rescue Unit.Docx Page 33 of 1055 The Florida Sheriffs Association Page 1 of 6 f (https://www.facebook.com/floridasheriffsassociation/) FLORIDA SHERIFFS ASSOCIATION (https://www.flsheriffs.org/) Become a Member (https:Hmembership.flsheriffs.org/Membership-LP.html#Choose) About Sheriffs Programs Publications Join Today(https://membership.fisheriffs.org/Membership-LP.htmi) Renew Membership (https://membership.fisheriffs.org/Membership-LP.html#Choose) PURCHASING Back to Main Purchasing Page (https://www.flsheriffs.org/law-enforcement- programs/cooperative-purchasing-program) FSA20-VEF 14.0 1: AMBULANCES B OTHER EQUIPMENT Contract: FSA20-VEF14.01 1 Effective May 1, 2020 — March 31, 2023 Page 34 of 1055 https://www.fl sheriffs.org/law-enforcement-programs/purchasing/fsa20vefl401 8/27/2020 The Florida Sheriffs Association Page 2 of 6 The Florida Sheriffs Association in partnership with the Florida Fire Chiefs Association and the Florida Association of Counties has been offering fire rescue vehicles and ambulances through a manufacturer discount program since 2005. Our awarded vendors represent manufacturers that are industry leaders and offer purchasers a wide selection of products to meet their needs. For details of the products available, review the category you are seeking to purchase. Simply, select the drop-down arrow and locate the vehicle of choice. The vehicle links will take you to pages that are solely dedicated to the bid award for that commodity and include vehicle customization documents. Continue to scroll the bottom of the page and find a link to all the bid supporting bid documents. SHERIFFS O I TIO 1 �yW�f Ws ORDERING INSTRUCTIONS (HTTPS://WWW.FLSHERIFFS.ORG/UPLOADS/DOCS/ORDERING_INSTRUCTION VEF14.01_AMBULANCES_FINAL_.PDF) VENDOR DIRECTORY (HTTPS://WWW.FLSHERIFFS.ORG/UPLOADS/DOCS/VENDOR_DIRECTORY_FS) VEF14.01_AMBULANCES__OTHER_EQUIPMENT_.PDF) Need Assistance? Email us at cpp@flsheriffs.org (mailto:cpp@flsheriffs.org) or call 850-877-2165 Page 35 of 1055 https://www.fl sheriffs.org/law-enforcement-programs/purchasing/fsa20vefl401 8/27/2020 The Florida Sheriffs Association Page 3 of 6 Products and Services Available Terms and Conditions FSA Specifications Ambulance Type 1 4x2 Regular Cab Diesel Engine Ambulance Type 1 - 4x2 Regular Cab Gas Engine ____________________________________________________________________________________________________________________________________________________________________________________________________ ^Ambulance Type 1 - 4x2 Medium Duty Diesel Engine ETR LLC VIEW S://WWW.FLSHERIFFS.ORG/UPLOADS/DOCS/AMBGRP3_ETR_LLC.PDF) EXCELLANCE VIEW WW.FLSHERIFFS.ORG/UPLOADS/DOCS/AMBGRP3_EXCELLANCE.PDF) QUALITY EMERGE VEHICLES G/UPLOADS/DOCS/AMBGRP3_QUALITY_EMERGENCY_VEHICLES.PDF) REV RTC VIEW ://WWW.FLSHERIFFS.ORG/UPLOADS/DOCS/AMB_GRP3_REV_RTC.PDF) SOUTH FLORlaA VEMERGENCY VEHICLES DS/DOCS/AMBGRP3_SOUTH_FLORIDA_EMERGENCY_VEHICLES.PDF) TEN 8 FIRE EQUIPMEIEVMNC ORG/UPLOADS/DOCS/AMBGRP3_TEN_8_FIRE_EQUIPMENT_INC.PDF) 7 Page 36 of 1055 https://www.fl sheriffs.org/law-enforcement-programs/purchasing/fsa20vefl401 8/27/2020 The Florida Sheriffs Association Page 4 of 6 Ambulance Type 1 - 4x2 Medium Duty Gas Engine Ambulance Type 2 - 4x2 Van Gas Engine Ambulance Type 3 - 4x2 Cutaway Van Gas Engine Ambulance Type 3 - 4x2 Cutaway Van Diesel Engine (https://www.companypromostore.com/stores/fsamembers/? utm_source=website&utm_medium=footer) Page 37 of 1055 https://www.fl sheriffs.org/law-enforcement-programs/purchasing/fsa20vefl401 8/27/2020 The Florida Sheriffs Association Page 5 of 6 FL 0 R I D A S H E R I F F S r All STORIES AREOFH a bEERUS �4a II �� QN� FEEDI sou-FL4 6& �. . 9t i lel i t 35 ----------------- 7 (https:Hmembership.flsheriffs.org/Weekly-Insight.htm1) � , Geaolcc� � G�c�ifi� s�ce �1�93 Board of Directors (/about/board-of-directors) Conferences (https://www.flsheriffs.org/law-enforcement-programs/conferences/) Mission and Values (/about/mission-and-values) FSA Memorial (/about/memorial/) Sheriffs Directory (/sheriffs/directory/) Contact FSA (/contacts Become a Member (https:Hmembership.flsheriffs.org/2017-Membership-LP.html) Donate (/about/donate-today) Legislation (/law-enforcement-programs/legislative) Training (/law-enforcement-programs/training) Our Programs (/law-enforcement-programs/our-programs) FSA Store & (https://www.companypromostore.com/stores/fsamembers/? utm_source=website&utm_medium=footer) SHERIFF LOGIN (HTTPS://WWW.FLSHERIFFS.ORG/LOGIN) Page 38 of 1055 https://www.fl sheriffs.org/law-enforcement-programs/purchasing/fsa20vefl401 8/27/2020 The Florida Sheriffs Association Page 6 of 6 f (https://www.facebook.com/f to rid as he riffsassociation/) You (https://twitter.com/FLSheriffs) ® (https://www.instagram.com/floridasheriff/) (https://www.youtube.com/user/FloridaSheriffs?feature=mhum) Florida Sheriffs Association 2617 Mahan Drive Tallahassee, FL 32308 (800) 877-2168 MHS ` r FREE Entine Training d Physical, and Mental Health Coping Strategies to ImproVe Officer Wellness 4 (https:Hengine.multiview.com/r? e=eyJ2ljoiMS42liwiYXYiOjc2MDM4LCJhdCl6NCwiYnQiOjAslmNtljoyMDAzNTQslmNoljoxNjM2O ©2020 Florida Sheriffs Association H Privacy and Refund Policy (/privacy-and-refund-policy) Page 39 of 1055 https://www.fl sheriffs.org/law-enforcement-programs/purchasing/fsa20vefl401 8/27/2020 FSA SPECIFICATION GROUP: Ambulance Type 1-4x2 Medium Duty Diesel Engine FSA AWARDED VENDOR: ETR LLC DISCOUNT MANUFACTURER CHASSIS MAKE/MODEL MODULAR BOX BASE PRICE OFF MSRP BUILD SHEETS ETR Freightliner M2 Diesel 172"x95"x68" $ 191,116 10% Build Sheet ETR Kenworth T 270 Diesel 172"x95"x68" $ 192,108 10% Build Sheet ETR International CV 515 Diesel 172"x95"x68" $ 175,010 10% Build Sheet ETR International MV 607 Diesel 172"x95"x68" $ 190,501 10% Build Sheet ETR Ford Ford F-650 Diesel 172"x95"x68" $ 203,808 10% Build Sheet ETR Chevrolet Chevrolet 6500 HD Diesel 172"x95"x68" $ 176,085 10% Build Sheet ETR Freightliner Freightliner M2 Diesel 172"x95"x68" $ 191,116 10% Build Sheet ETR Kenworth Kenworth T 270 Diesel 172"x95"x68" $ 192,108 10% Build Sheet ETR International International CV 515 Diesel 172"x95"x68" $ 175,010 10% Build Sheet ETR International International MV 607 Diesel 172"x95"x68" $ 190,501 1 10%1 Build Sheet ETR Ford Ford F-650 Diesel 172"x95"x68" $ 203,808 1 10%1 Build Sheet ETR Chevrolet Chevrolet 6500 HD Diesel 172"x95"x68" $ 176,085 1 10%1 Build Sheet Page 40 of 1055 INTERNATIONAL" May 11,2020 Prepared For: Presented By: ETR Maudlin International Truck and Trailer ,TERRY MICHALUK Chuck Calhoun 920 Britt Ct. 2110 S. Division Ave. Altamonte Springs, FL 32701-2080 Orlando FL 32810- (407)339-6737 (407)849-6440 Reference ID: Boynton Beach � e a Model Profile 2021 MV607 SBA LP(MV60H) AXLE CONFIG: 4X2 APPLICATION: Ambulance MISSION: Requested GVWR:20000.Calc. GVWR: 24580 Calc.Start I Grade Ability: 61.25%14.25%@ 55 MPH Calc,Geared Speed:82.8 MPH DIMENSION: Wheelbase:217.00,CA: 106.00,Axle to Frame: 96.00 ENGINE,DIESEL: (Cummins 86.7 3251 EPA 2017,325HP @ 2400 RPM,750 lb-ftTorque @ 1800 RPM,2600 RPM Governed Speed,325 Peak HP(Max) TRANSMISSION,AUTOMATIC: (Allison 3000 EVS)5th Generation Controls, Close Ratio,6-Speed with Double Overdrive,with PTO Provision, Less Retarder, Includes Oil Level Sensor CLUTCH: Omit Item (Clutch&Control) AXLE,FRONT NON-DRIVING: {Meritor MFS-10-122A)I-Beam Type, 10,000-lb Capacity AXLE, REAR,SINGLE,: (Dana Spicer 17060D)Single Reduction, 17,500-Ib Capacity, Driver Controlled Lacking Differential, 190 Wheel Ends Gear Ratio:4.63 CAB: Conventional 6-Marr Crew Cab TIRE, FRONT: (3)245I70R19.5 Load Range G G647 RSS(GOODYEAR),626 revlmile, 75 MPH,ATI-Position TIRE,REAR: (4)245170R19.5 Load Range G G647 RSS(GOODYEAR),626 revlmile,75 MPH,All-Position SUSPENSION, REAR,SINGLE: (LiquidSpring)Accommodation Package for CBCITSC Install, 15,500-Ib Capacity,with Stacked Volume Tanks Under Left Rail and Power Module Mounted Behind Suspension PAINT: Cab schematic 100WP Location 1:9219,Winter White(Std) Chassis schematic NIA 1 Proposal: 17538-01 Page 41 of 1055 INTERNATI®NAL° Vehicle Specifications May 11,2020 2021 MV607 SBA LP(MV60H) Code Description FIR Wt Tot Wt (Ibs) (lbs) MV60HOO Base Chassis, Model MV607 SBA LP with 217.00 Wheelbase, 106.00 CA, and 5460/2756 8216 96.00 Axle to Frame. 1570 TOW HOOK, FRONT(2)Frame Mounted 91-1 8 1ANA AXLE CONFIGURATION{Navistar)42 010 0 Notes Pricing may change if axle configuration is changed. 1CAA FRAME RAILS High Strength Low Allay Steel(80,000 PSI Yield);9.125"x 3.062" 010 0 x 0.312"(231.8mm x 77.8mm x 8.Omm)with Transition to 6.500"x 3.062"x 0.312"(165.1mm x 77.8mm x 8.Omm)388.4"(9864mm)Maximum OAL; For LP Chassis 1 LNN BUMPER, FRONT Contoured, Steel, Chrome Plated 181-1 17 1 WEJ WHEELBASE RANGE 199"(505cm)Through and Including 254"(645cm) 010 0 2ASH AXLE, FRONT NON-DRIVING(Meritor MFS-10-122A)]-Beam Type, 10,000-Ib 4210 42 Capacity 3ADB SUSPENSION, FRONT, SPRING Parabolic Taper Leaf, Shackle Type, 10,000-1b 2510 25 Capacity,with Shock Absorbers Includes SPRING PINS Rubber Bushings, Maintenance-Free 4091 BRAKE SYSTEM,AIR Dual System for Straight Truck Applications -251-25 -50 Includes BRAKE LINES Color and Size Coded Nylon DRAIN VALVE Twist-Type GAUGE,AIR PRESSURE(2)Air 1 and Air 2 Gauges; Located in Instrument Cluster PARKING BRAKE CONTROL Yellow Knob, Located on Instrument Panel : PARKING BRAKE VALVE For Truck :QUICK RELEASE VALVE On Rear Axle for Spring Brake Release: 1 for 4x2,2 for 6x4 SLACK ADJUSTERS, FRONT Automatic(with Air Cam Brakes) SLACK ADJUSTERS, REAR Automatic(with Air Cam Brakes) SPRING BRAKE MODULATOR VALVE R-7 for 42,SR-7 with relay valve for 6x4/8x6 4AZA AIR BRAKE ABS{Bendix Antilock Brake System)4-Channel(4 Sensor/4 9121 30 Modulator)Full Vehicle Wheel Control System 4EBT AIR DRYER{Bendix AD-IP)with Heater 7120 27 4EXP BRAKE CHAMBERS, FRONT AXLE{Bendix)20 Sqln 010 0 4EXS BRAKE CHAMBERS, REAR AXLE{Bendix EverSure)24130 Spring Brake 014 -4 4JCG BRAKES, FRONT,AIR CAM S-Cam; 15.0"x 4.0"; Includes 20 Sq. In. Long Stroke 9110 91 Brake Chambers 4NCW BRAKES, REAR,AIR CAM S-Cam; 15.0"x 8.63"; Includes 24130 Sq. In. Long 01211 211 Stroke Brake Chambers and Spring Actuated Parking Brake 4SPA AIR COMPRESSOR{Cummins) 18.7 CFM 3612 38 4VKC AIR DRYER LOCATION Mounted Inside Left Rail, Back of Cab 11110 21 2 Proposal: 17538-01 Page 42 of 1055 INTERNATIONAL"' Vehicle Specifications May 11,2020 2021 MV607 SBA LP(MV60H) Code Description FIR Wt Tot Wt (lbs) (lbs) 4VKX AIR TANK LOCATION (2) Mounted Under Battery Box, Outside Left Rail, Back of 010 0 Cab 5710 STEERING COLUMN Tilting and Telescoping 1613 19 5CAW STEERING WHEEL 4-Spoke; 18"Dia., Black 010 0 5PSA STEERING GEAR{Sheppard M1001 Power 291-7 22 6DGA DRIVELINE SYSTEM{Dana Spicer)SPL100,for4x216x2 010 0 7BLB EXHAUST SYSTEM Single, Horizontal Aftertreatment Device, Frame Mounted 66157 123 Under Right Rail Back of Cab,for Single Vertical Tail Pipe, Frame Mounted Right Side Back of Cab 7SCP ENGINE EXHAUST BRAKE for Cummins ISBIB6.711SLIL9 Engine with Variable 010 0 Vane Turbo Charger 7WBA TAIL PIPE(1)Turnback Type, Bright 010 0 7WBS MUFFLERITAIL PIPE GUARD(1) Bright Stainless Steel 419 13 7WCR EXHAUST HEIGHT 10' 11" 210 2 7WZX SWITCH, FOR EXHAUST 3 Position, Momentary, Lighted Momentary, ON/ 210 2 CANCEL,Center Stable,INHIBITREGEN,Mounted in IP Inhibits Diesel Particulate Filter Regeneration When Switch is Moved to ON While Engine is Running,Resets When Ignition is Turned OFF 8000 ELECTRICAL SYSTEM 12-Volt,Standard Equipment 010 0 Includes DATA LINK CONNECTOR For Vehicle Programming and Diagnostics In Cab HAZARD SWITCH Push On/Push Off, Located on Instrument Panel to Right of Steering Wheel HEADLIGHT DIMMER SWITCH Integral with Turn Signal lever PARKING LIGHT Integral with Front Turn Signal and Rear Tail Light STARTER SWITCH Electric, Key Operated STOP,TURN,TAIL&BIU LIGHTS Dual, Rear,Combination with Reflector TURN SIGNAL SWITCH Self-Cancelling for Trucks, Manual Cancelling for Tractors,with Lane Change Feature TURN SIGNALS, FRONT Includes Reflectors and Auxiliary Side Turn Signals, Solid State Flashers; Flush Mounted WINDSHIELD WIPER SWITCH 2-Speed with Wash and Intermittent Feature(5 Pre-Set Delays), Integral with Turn Signal Lever WINDSHIELD WIPERS Single Motor, Electric, Cowl Mounted WIRING, CHASSIS Calor Coded and Continuously Numbered 8518 CIGAR LIGHTER Includes Ash Cup 110 1 8541 HORN, ELECTRIC(2) Disc Style 110 1 8GXK ALTERNATOR(Leece-Neville BLP4006HN)Brushless, 12 Volt 325 Amp. 181-1 17 Capacity, Pad Mount,with Remote Sense 8HAA BODY BUILDER WIRING To Rear of Frame,with Stop,Tail,Turn, and Marker 210 2 Lights Circuits, Ignition Controlled Auxiliary Feed and Ground, Less Trailer Socket 8MSL BATTERY SYSTEM{Fleetrite 31-PC2120 AGM}Maintenance-Free, (3)AGM 12- 38163 101 Volt 2775CCA Total,Top Threaded Stud 8RMZ SPEAKERS(2)6.5"Dual Cone Mounted in Both Doors,(2)5.25"Dual Cone 612 8 Mounted in Both B-Pillars 3 Proposal: 17538-01 Page 43 of 1055 INTERNATIONAV Vehicle Specifications May 11,2020 2021 MV607 SBA LP(MV60H) Code Description FIR Wt Tot Wt (lbs) (Ibs) 8RPS RADIO AM/FMNVBIClock/Bluetooth/USB Input/Auxiliary Input 010 0 8VUY BATTERY BOX Steel,with Plastic Cover,25"Wide,2-3 Battery Capacity,Mounted -21/21 0 Left Side Back of Cab 8WGL WINDSHIELD WIPER SPI}CONTROL Force Wipers to Slowest Intermittent Speed 010 0 When Park Brake Set and Wipers Left on for a Predetermined Time 8WHE HORN,AIR ACCOMMODATION PACKAGE; Less Horn 210 2 8WPB HEADLIGHTS Halogen,Composite Aero Design,with Daytime Running Lights 0/0 0 8WPZ TEST EXTERIOR LIGHTS Pre-Trip Inspection will Cycle all Exterior Lamps Except 0/0 0 Back-up Lights 8WTK STARTING MOTOR(Delco Remy 38MT Type 300) 12 Volt, Less Thermal Over- 7/1 8 Crank Protection 8WWJ INDICATOR, LOW COOLANT LEVEL with Audible Alarm 010 0 8XAH CIRCUIT BREAKERS Manual-Reset(Main Panel)SAE Type III with Trip 010 0 Indicators, Replaces All Fuses 9AAB LOGOS EXTERIOR Model Badges 010 0 9AAE LOGOS EXTERIOR, ENGINE Badges 010 0 9HAD GRILLE Chrome 010 0 9HAN INSULATION, UNDER HOOD for Sound Abatement 1010 10 9HBN INSULATION,SPLASH PANELS for Sound Abatement 210 2 9WAY FRONT END Tilting, Fiberglass,with Three Piece Construction 010 0 10060 PAINT SCHEMATIC, PT-1 Single Color, Design 100 010 0 Includes PAINT SCHEMATIC ID LETTERS"WP" 10761 PAINT TYPE Base Coat/Clear Coat, 1-2 Tone 0/0 0 10WUE MUD FLAPS, FRONT WHEELS(2) Rubber, Mounted on Fender Extension 12/0 12 11001 CLUTCH Omit Item(Clutch&Control) 010 0 12703 ANTI-FREEZE Red, Extended Life Coolant;To-40 Degrees F/-40 Degrees C, 010 0 Freeze Protection 12849 BLOCK HEATER, ENGINE 120V/1000W, for Cummins ISB/B6.7/ISLIL9 Engines 310 3 Includes BLOCK HEATER SOCKET Receptacle Type; Mounted below Drivers Door 12EKC ENGINE,DIESEL{Cummins B6.7 325)EPA 2017,325HP @ 2400 RPM,750 lb-ft 010 0 Torque @ 1800 RPM,2600 RPM Governed Speed,325 Peak HP(Max) 12TSY FAN DRIVE(Borg-Warner SA85)Viscous Type,Screw On 010 0 Includes : FAN Nylon 12UYE RADIATOR Aluminum;2-Row, Cross Flow,Over Under System, 717 Sqln 161-3 13 Louvered,with 313 Sqln Charge Air Cooler.with In-Tank Transmission Cooler Includes 4 Proposal; 17638-01 Page 44 of 1055 INTERNATIONAL" Vehicle Specifications May 11,2020 2021 MV607 SBA LIP(MV60H) Code Description FIR Wt Tot Wt (lbs) (lbs) DEAERATION SYSTEM with Surge Tank HOSE CLAMPS, RADIATOR HOSES Gates Shrink Band Type;Thermoplastic Coolant Hose Clamps RADIATOR HOSES Premium, Rubber 12VBR AIR CLEANER with Service Protection Element 0/0 0 12VHH FEDERAL EMISSIONS{Cummins B6.7)EPA,OBD and GHG Certified for 010 0 Calendar Year 2020 12VXU THROTTLE, HAND CONTROL Engine Speed Control for PTO; Electronic, 2/0 2 Stationary Pre-Set,Two Speed Settings; Mounted on Steering Wheel 12WPV OIL PAN 15 Quart Capacity, For Cummins ISBIB6.7 Engines 010 0 12WZD EMISSION COMPLIANCE Engine Shutdown System Exempt Vehicles, Complies 010 0 with California Clean Air Regulations 12XAT ENGINE CONTROL,REMOTE MOUNTED Provision for; Includes Wiring for Body 010 0 Builder Installation of PTO Controls;with Ignition Switch Control for Cummins ISBI B6.7 or ISL/L9 Engines 13AUK TRANSMISSION,AUTOMATIC(Allison 3000 EVS)5th Generation Controls,Close 203180 283 Ratio,6-Speed with Double Overdrive,with PTO Provision,Less Retarder,Includes Oil Level Sensor 13WET TRANSMISSION SHIFT CONTROL Column Mounted Stalk Shifter 010 0 13WLP TRANSMISSION OIL Synthetic;29 thru 42 Pints 010 0 13WUD ALLISON SPARE INPUT/OUTPUT for Emergency Vehicle Series(EVS);Rescue, 010 0 Ambulance 13WYU SHIFT CONTROL PARAMETERS(Allison)3000 or 4000 Series Transmissions, 0/0 0 Performance Programming 13XAL PTO LOCATION Customer Intends to Install PTO at Left Side of Transmission 010 0 14AHM AXLE, REAR,SINGLE(Dana Spicer 17060D)Single Reduction, 17,500-Ib 0/219 219 Capacity,Driver Controlled Locking Differential, 190 Wheel Ends.Gear Ratio;4.63 14TDS SUSPENSION,REAR,SINGLE(LiquidSpring)Accommodation Package for CBCT 01297 297 TSC Install, 15,500-Ib Capacity,with Stacked Volume Tanks Under Left Rail and Power Module Mounted Behind Suspension 15DYT FUEL TANK(2)Top Draw, Non-Polished Aluminum, D-Style, 16"Tank Depth,40 92144 136 US Gal(151 L)Left Side; 50 US Gal(189L)Right Side;Total Capacity 90 US Gal (340L), Mounted Left and Right Side, Under Cab 15LMS FUELIWATER SEPARATOR 12 VDC Electric Heater, Includes Pre-Heater, 2/-2 0 Includes Water-in-Fuel Sensor, Cummins Supplied on Engine 15WDG DEF TAN K7 US Gal(26L)Capacity,Frame Mounted Outside Left Rail,Under Cab 010 0 16136 AIR CONDITIONER, PROVISION FOR Accommodation Package,for Air 010 0 Conditioning, Includes Auxiliary Compressor in Secondary Position and Compressor Drive Effects for Vehicle with Primary Compressor Mounting 16196 CAB Conventional 6-Man Crew Cab 1041250 354 Includes : CLEARANCEIMARKER LIGHTS(5)Flush Mounted 16BAM AIR CONDITIONER with Integral Heater and Defroster 5610 56 5 Proposal: 17538-01 Page 45 of 1055 INTERNATI®PIAL° Vehicle Specifications May 11,2020 2021 MV607 SBA LP(MV60H) Code description FIR Wt Tot Wt (lbs) (lbs) 16GDG GAUGE CLUSTER Premium Level; English with English Speedometer and 0/0 0 Tachometer,forAir Brake Chassis,Includes Engine Coolant Temperature,Primary and Secondary Air Pressure, Fuel and DEF Gauges,Oil Pressure Gauge,Includes 5 Inch LCD Color Display 16GHV GRAB HANDLE, CAB INTERIOR(4)Safety Yellow, Crew Cab 0/0 0 16HGH GAUGE, OIL TEMP,AUTO TRANS for Allison Transmission 110 1 16HKT IP CLUSTER DISPLAY On Board Diagnostics Display of Fault Codes in Gauge 010 0 Cluster 16JNT SEAT,DRIVER{National2000}AirSuspension, High Back with Integral Headrest, 111 2 Vinyl, Isolator, 1 Chamber Lumbar,with 2 Position Front Cushion Adjust,-3 to+14 Degree Angle Back Adjust 16LKA SEAT, REAR(National 2000)Two Individual Outboard Seats, NFPA Compliant, 105/67 172 Air Suspension, High Back,Vinyl, Isolator,with 2 Position Front Cushion Adjustment,-3 to+14 Degree Seat Back Adjustment, Lumbar,with 18"Wide Cushion and 20"Seat Back 16PPN SEAT, PASSENGER(National 2000)Air-Suspension, High Back with Integral 65/39 104 Headrest,Vinyl,Isolator, 1 Chamber Lumbar,2 Position Front Cushion Adjustment, Dual Shocks 16SAP GRAB HANDLE,ADDITIONAL EXT(1)Chrome;Towel Bar Type with Anti-Slip 2/1 3 Rubber Insert;Mounted Left Side on Exterior, Rear of Rear Door,with Crew Cab 16SDC GRAB HANDLE, EXTERIOR(2)Chrome,Towel Bar Type,with Anti-Slip Rubber 610 6 Inserts,for Cab Entry Mounted Left and Right Side at B-Pillar 16SNR MIRRORS(2)C-Loop,PowerAdjust,Heated,LED Clearance Lights,Bright Heads 0/0 0 and Arms, 7.5"x 14"Flat Glass, Includes 7.5"x 7"Convex Mirrors,for 102"Load Width Notes Mirror Dimensions are Rounded to the Nearest 0.5" 16SNX MIRROR,CONVEX, LOOK DOWN Right Side, Bright,6"x 10.5° 0/0 0 16VCA SEAT BELT All Red;4 to 6 0/0 0 16VKM CAB INTERIOR TRIM Diamond,for Crew Cab 0/0 0 Includes : CONSOLE, OVERHEAD Molded Plastic with Dual Storage Pockets, Retainer Nets and CB Radio Pocket; Located Above Driver and Passenger :DOME LIGHT,CAB DoorActivated and Push On-Off at Light Lens,Timed Theater Dimming, Reading Lights; Integral to Overhead Console,Center Mounted :SUN VISOR(3)Padded Vinyl;2 Moveable(Front-to-Side)Primary Visors, Driver Side with Vanity Mirror and Toll Ticket Strap, plus 1 Auxiliary Visor(Front Only), Driver Side 16VLK CAB REAR SUSPENSION Air Suspension,for Mid Cab Height 4111 42 16WBZ ARM REST, LEFT, PASSENGER SEAT 3/0 3 16WJV WINDOW, POWER(4)And Power Door Lacks, Front and Rear Doors, Left and 1010 10 Right, Includes Express Down Feature 16WSE LOW WASHER FLUID INDICATOR 1/0 1 16XJN INSTRUMENT PANEL Flat Panel 010 0 6 Proposal: 17538-01 Page 46 of 1055 INTERNATI®NAL° Vehicle Specifications May 11,2020 2021 MV607 SBA LP(MV60H) code Description FIR Wt Tot Wt (Ibs) (Ibs) 16ZBU ACCESS,CAB Steel,Driver&Passenger Sides,Two Steps per Door,for use with 22171 93 Crew Cab 26DAY WHEEL,SPARE, DISC(Accuride 29685)19.5x7.50 Rims,Extra Polish Aluminum, 0138 38 10-Stud,285.75mm BC, Hub-Piloted 27DAY WHEELS, FRONT{Accuride 29685)DISC; 19.5x7,50 Rims, Extra Palish -42/0 -42 Aluminum, 10-Stud,285.75mm BC, Hub-Piloted, Flanged Nut,with Steel Hubs 28DAY WHEELS, REAR fAccuride 296851 DUAL DISC; 19.5x7.50 Rims, Extra Polish 0/-84 -84 Aluminum Outer Wheel 10-Hand Hale,Steel Inner Wheel 5-Hand Hole, 10-Stud, 285.75mm BC, Hub-Piloted, Flanged Nut,with Steel Hubs 29007 TIRE, SPARE Equal to Model Standard 010 0 29580 WHEEL SEALS, FRONT(International)Oil-Lubricated Wheel Bearings 010 0 29WLK WHEEL BEARING, FRONT, LUBE[EmGard FE-75W-90)Synthetic Oil 010 0 60ACW BDY INTG, I/O EXP HARNESS(for Diamond Logic Builder)In-Cab wire harness 010 0 (DLB)program only, Includes a harness with five blunt cut wires routed on lower left of instrument panel.Two ground active inputs and two(.5Amp)relay drivers outputs are provided 7749450101 (3)TIRE,FRONT 245/70R19.5 Load Range G G647 RSS(GOODYEAR),626 rev/ 010 0 mile, 75 MPH,All-Position 7749450101 (4)TIRE, REAR 245170R19.5 Load Range G G647 RSS(GOODYEAR),626 rev/ 010 0 mile,75 MPH,All-Position Cab schematic 100WP Location 1:9219,Winter White(Std) Chassis schematic NIA Services Section: 40129 WARRANTY Standard for MV Series, Effective with Vehicles Built July 1, 2017 or 010 0 Later, CTS-2020A Total Component Weight: 657314166 10729 Furnish and install Liquid Spring rear suspension. 010 0 Furnish and install GROVER STUTTER TONE 1510 hood horns 010 0 Total Goods Purchased: 010 0 The weight calculations included in this proposal are an estimate of future vehicle weight.The actual weight as manufactured may be different from the estimated weight. Navistar, Inc.shall not be liable for any consequences resulting from any differences between the estimated weight of a vehicle and the actual weight. 7 Proposal: 17538-01 Page 47 of 1055 0 0 N Iso O,a 00 jLn � M H) W H LO LO O M 0 V a = Z m 00 O T 0,; V IC a Q o O r. m W o ' 7 F. C? � CD ' cfl m 0. u 'r L U. u Q a O U O U. a L Z,j CL � N o A ALL V O c .d. Z O � W U a! W m v _ o -Iw W # ojR o Oi m c VJ L L *k'o 0. g i W 12 n 3 m w 12 N U U Z J W W .e�sima4iaiw EWIRL Emergency.Tactical-Rescue Vehicles August 20,2020 Mr. David Freidberg, Captain Boynton Beach Fire Rescue 2080 High Ridge Rd. Boynton Beach, FL 33426 We are pleased to provide you with the following pricing, shop order, and drawings for the purchase of new 2021 International MV607 4-Dr Crew Cab with Custom AEV Type I module. Pricing is based on purchasing this unit from the Florida Sheriff's Contact Bid No. FSA20-VEF14.01 Fire Rescue vehicles& Other Equipment Specification#03 Type I Ambulance 2 Wheel Drive Medium Duty. PRICING: • Total price per unit ............................................ .......................................... $358,438.00 • Include in above price: your present graphic/chevrons package, Hoseline rear cab a/c system,4- David Clark Headsets with control, air fare, lodging, meals for 4-people to go to the factory for pre-engineering(4),mid'line (2), and final (4). See attached list of additional tools and equipment. • NOTE: International has informed us that the present chassis price is only good to August 28, 2020. • Plus, applicable taxes, tag,and title. ® TERMS: Payment in full is due upon the delivery of the finished vehicle. Upon payment ETR, L.L.0 shall furnish the city a "Statement of Origin" or the necessary validated documents required for title application. OPTIONAL PRICING: Pre-payment discount is based on receiving full payment within 10 business days after receipt of Purchase Order and signed Order Confirmation form.Total price for per unit after pre-payment discount-$354,940.00 Sincerely, Scott Newcomer, Regional Sales Manger ETR, L.L.C. Corporate Office: 212 Hickman Drive Sanford, FL 327711 T 407-339-6737 Toll Free 1-884-612-8148 Georgia Office:Juliette, GA. 31046 1 Toll Free 1-884-612-8148 "18 YEARS OF RESPONDING TO YOUR NEEDS" www.ETRVEHICLES.com Page 49 of 1055 �RAUMAHA Shop Order ELGEF BOYTON BEACH FIRE RESCUE ETR, LLC David Friedberg 212 Hickman Drive 2080 HIGH RIDGE ROAD Sanford, Florida 32771 BOYNTON BEACH, FL 33426 (407)339-6737 561-742-6329 sales@etrllc.org FriedbergD@bbfl.us Exp. Date: 03/11/2020 Quote No: 10089-0121 TYPE9: 16495-T9TL Top Level -International MV607 GENERAL: GEN—INFO 9 ************BID STANDARDS*********** CHASSIS: 43/440OLP International/Navistar MV607 CONVERSION: 16495-T9 164-172 x 95 Med Duty Mod MV607 International BASE: 16495-T9B 164-172 x 95 T-9 Base 430OLP 08/20/2020 Pae 1 PART NO S DESCRIPTIONQTY ************1311)STANDARDS***********- 15.012 01/30/20== 1 00-00-0107 1--Order Date: Post July 1, 2019 1 00-00-0113 < 1--Ambulance Built to Star Of Life KKK-A-1 882-F Certification, Latest Revision 1 Exceptions to be noted on final sticker. 00-10-0015 Vehicle Quantity (Vehicles) 1 00-91-0002 BODY NUMBER: 1 00-91-0005 1--MICKEY BODY DUE DATE : 1 00-91-0003 CHASSIS VIN NUMBER: 1 00-91-0024 ACCOUNT MANAGER:Mikael Blevins 1 00-91-0027 S REFERENCE UNIT#: 17ML 20173 1 00-91-0028 S RE-WRITE DATE: 2-10-20 1 00-91-0040 SEAT BELT POSITIONS MODS 1 00-91-0042 1--CAB SEAT BELT MOD: 1 00-91-0044 1--Total: 2 Positions 1 00-91-0050 1-- REAR SEAT BELT MOD: 1 00-91-0052 1-- Total:3 Positions 1 00-99-9000 Revision Level: 0-Zero-ORIGINAL VERSION 1 00-99-9030 Change Order Level: 0-Zero-ORIGINAL VERSION 1 S ==BOYNTON BEACH EIRE RESCUE IN ERNA ION TYPE 1 1 01-1 N-0000 Type I Medium Duty Modular Ambulance 1 01-AQ-E46D S < 2021 Infemationai MV607 SBA LP, 19.5 Tires 4-OR CUSTOMER SUPPLIED 1 2021 International 4300 LP 4 Door cab 01-IN-MIR3 I--Side Mirrors: OEM Aero Pedestal, Power Adjust, Heated w Turn signals Chrome 1 01-IN-PDLS I--Cab Door Locks Only 1 01-IN-RS01 < I-- Rear Suspension: International Ride Optimized Susp(IROS), 12,000# 1 Make sure OEM Filter is installed on SV1 Valve. Page 50 of 1055 08/20/2020 Pa e 2 PART NO S DESCRIPTIONQTY *NOTE: If Oxygen Lift is installed, then if the 02 Cmpt Door is open, the air suspension will not dump until door is closed* 01-IN-RST1 S < ..-DUMP 6P ACTI ATICN:Manually Activated With Momentary Switch on Pear 1 of Bench The vehicle shall NOT Kneel (DUMP)with the vehicle in GEAR. NOTE: Dump Manually Activated with the Momentary Switch on Curbside Wall., Beside Rear Entry Door. Dump Automatically Raises When Vehicle is Started and Rear Entry Doors are Closed. 01-IN-TIRS I--Spare Tire: NONE 1 01-TU-0100 I--Jack and Tire Tools: None 1 01-IN-WHM9 I--Centers& Lug Nut Covers for OEM Alum Wheel Front smooth 4 spline 30MM 8 lug 1 01-IN-WHMV I--Centers& Lug Nut Covers for OEM Rear Alum Wheels 6.25 HUG, 8 lug 30mm 1 _= 164-172 x 95 Med Duty Mod MV607 International- 15.012 01130120== 1 BODY Generation 9 1 01_X0_0001 < I-- Body Certification Provided to Specification 1 The Body Manufacturing group certifies that this Ambulance Modular body has been constructed of materials and methods that meet or exceed the standards as required by the AEV Generation 9 Body Specification of December 11th, 2018 as published. The body shall be built and constructed to the submitted work order and the AEV Generation 9 build standards without exception. Any Deviations to the work order or Generation 9 build standards must have written authorization prior to body delivery to AEV by the AEV Body Engineer on file. 02-00-0002 XS < I--Body Build Information 1 Body Number; Account Manager; Mikael Blevins Chassis Type : 2021 International MV607 SBA LP, 19.5 Tires 4-DR Mickey Body Due Date; Rear Suspension: International Ride Optimized Susp (IROS), 12,000# 02-00-0003 < 1--ALL DIMENSIONS ON ORDER WILL HAVE A VARIABLE OF + OR- 1/4" 1 Unless specified as a minimum dimension. 02-B24M82 S Body, Mod:Med Duty,, 170"x 6"x 74"interior HP- 6"Body Drop Navistar 1 02-00-0006 S '—Headroom: 76174"Finished Interior-DuctedAIC 1 02-00-0060 1-- Compartment and Entry door Full length Stainless Steel Hinges std 1 02-00-0050 S < I—Perko Air Vent:Exterior, Used for Venting NOTE: (1) Installed on M1 Door for 02 Venting, (1) Installed Above M7 For Exhaust Vent and (1) Installed on Right Rear for Exhaust Vent. (See Drawing) 02-BO-CC01 < I-- Compartment Construction:STANDARD, Unless Specified Otherwise 1 Sides and Back: .100 Polished Aluminum Diamond Plate Compartment Ceiling: .090 Aluminum Sheet 02-BO-SFLO < I-- Compt Floors:Sweep-out, even with bottom doorjamb 1 Unless Specified Otherwise. 02-BO-CC41 I-- Compartment floor thickness.125"standard 1 02-BO-CC18 -- Compartment Ventilation-Flap style#VT-2495-A01, STD 1 02-BO-CEXB S Curbside Entry boor(CSE): 84.812"H x 31.0"Wx w/6"drops WlBlack boor `f Handle 02-BO-09B2 I-- CIS Door Check:Double Action Gas Shock 1 04-EA-0961 I--Door Swing Angle:Set to 90-100 degrees 1 02-BO-CESL I-- Curbside Entry Door(CSE)Location:Standard, Rearward of M-7 Compt if 1 Optioned ZZ-ZZ-ZZZZ 1-- 1 02-B1-SWM1 S < I--Step Well, CURB Entry,2-Step DP, Elon for(2) QR-D-2 Med Duty Chassis 1 MTB NOTE: CCS Step Well Will be Elongated Rearward of CSE Door for (3) Portable "D" 02 Storage Bottles (See Custom Drawing) Page 51 of 1055 08/20/2020 Pa e 3 PART NO S DESCRIPTIONQTY 05•IL-095Z < --ILOS Lt, Step Well:3"Kin#4302S LED stainless steel surface mount 1 housing Light shall come on with CS door only. LITE-K4302 a 05-I -09XA < I--TATS Light, Step Well:3"Kinequip#430204S, Chrome, LED 1 KinegUip No 4302045. Light shall come on with CS door only. 02-BC-0602 S '..,. Talk through DELETE,E, Solid Back Wall No Opening 1 02-BC-0700 < I-- Cab Roof Support:3116"x 3"Steel Plate, Per Engineering Drawing 1 Between cab headliner and bottom side of cab roof to prevent oil canning. 02-BD-0120 --Body Drop:6"Both Sides,Ahead of Rear Wheels 1 02-Ml-M600 --M-6 Compt(RRFwd):Delete 1 02-M1-M678 S < .. -4 Compt(Tailboard)a13.25"H x 37" Wx 24"O(4) SCBA Bottles W1 Black 1 Handle MICKEY DY NOTE: MAKE AND SHIP WITH BODY A WINE FLACK STYLE BOTTLE HOLDER TO HOLD (4) BOTTLES. PER STEVERING DRAWING. (1 -4—COL PT—.O ` TON—. ACH NOTE: FLACK TO BE BOLTED IN COMPARTMENT NOT WELDED IN. 02-BO-CCO2 < I-- Compartment Construction:STANDARD Diamond Plate 1 Sides and Pack; .100 Polished Alurninurn Diamond Plate Compartment Ceiling: .090 AlUminUM Sheet 02-BO-CC08 -- Compartment Door Panel:Diamond Plate 1 12-DC-GA10 -- Compartment Finish:Diamond Plate Standard 1 02-BO-SWFL -- Compt Floor.Sweep-out, even with bottom doorjamb. 1 02-BO-CC41 -- Compartment floor thickness.125"standard 1 02-BC-10AO S Compartment Door: SINGLE LOOP, 1-point Latch, Hinged BOTTOM 1 09-ZZ-= -- 1 02-X1-M15B S '..,. -1 Compt(LF): 72 HP, 69.5"H x 25" W x 21"O WlBlack Handle 1 02-BO-CCO2 < I-- Compartment Construction:STANDARD Diamond Plate 1 Sides and Back: .100 Polished AlUminUm Diamond Plate Compartment Ceiling: .090 Alurninurn Sheet 02-BO-CC08 -- Compartment Door Panel:Diamond Plate 1 12-DC-GA10 -- Compartment Finish:Diamond Plate Standard 1 02-BO-CC42 < I-- Compartment floor thickness.25"ILOS (Heavy Duty) 1 MTB to increase compartment floor thickness to .25 inch smooth alUminUM. 02-BO-FAN4 S < I— Compt Floor.Pan Down 4" 1 NOTE: Compartment Floor Pari Down 4" Forward and oaf Divider for BIB Storage 02-BC-10A5 -- Compartment Door.SINGLE DOOR, Forward hinged 2-point Latch 1 02-BO-09BO I— Compt Door Check:Double Action Gas Shock 1 04-EA-09B2 I--Door Swing Angle:Set to 110-120 degrees 1 04-TS-0037 --Storage in Oxygen compartment Requested Exception to KKK-F 1 Specifications 04-TS-1400 S < . X61 Divider, Vertical, Full compartment height, Full Death alum, Fixed 1 NOTE: Install Divider as Close to Oxygen Lift as Passible 11-YZ-0903 I--Non-Compliant to 3.11.3 KKK-F Storage in Oxygen Compartments Notice 1 ll-ZZ-0904 < I-- CAAS Exception C.11.3.9 Storage in an Oxygen Compartment 1 an exception to CAAS GV a 1.0 is taken for the following condition. Ubpar"t 9. The oxygen storage area shall be configured and Used only for the main oxygen cylinder and associated plumbing. 04-TS-STR1 S < I--Strap:2" Webb Seatbelt buckle chrome footman loops 1 This strap is to secure things frons moving while the vehicle is in motion. NOTE: Locate Strap From all #1 to Fixed Divider With Footman Loops Mounted Just From Door Jamb on Wall #1 and Footman Loops on Divider Mounted on Side Page 52 of 1055 08/20/2020 Pa 4 PART NO S DESCRIPTION CITY Toward Wall #3. 04-TS-STR2 1—2"Footman Loops:Locate back from jamb 1 05-EL-4M18 S < I—Light, Compartment. Maxxima LED 18", EA,ILOS 1 MTB Note: No light hole required NOTE: Light Mounted on Ceiling Near Door Jamb 08-Bl-02L2 S < I— Compartment M1 Wall Prep For 02 Lift 1 Build out back wall to '14" deep Forward of Divider Final compartment interior Dimension wall to wall minimum must be 18 5/8" minimum. 09-ZZ-= 1-- 1 02-X1-M1AH S I—M-1a Compt(LF Upper): 72 it 17.56"H x 25" Wx 21"D W1 Black Handle 1 02-BO-CCO2 < I— Compartment Construction:STANDARD Diamond Plate 1 Sides and Pack; .100 PolishedAlurninurn Diamond Plate Compartment Ceiling: .090 AlUminUM Sheet 02-BO-CC08 Compartment Door Panel:Diamond Plate 1 12-DC-GA10 Compartment Finish:Diamond Plate Standard 1 02-BO-CC16 Compartment Door Ventilation-small punched half moon Louvered Door 1 02-BO-SWFL Compt Floor. Sweep-out, even with bottom doorjamb. 1 02-BO-CC41 I— Compartment floor thickness.125"standard 1 02-BC-10A0 Compartment Door. SINGLE DOOR, 1-point Latch 1 02-BO-09BO I— Compt Door Check:Double Action Gas Shock 1 04-EA-0981 I--Door Swing Angle:Set to 90-100 degrees 1 05-EL-4M18 S < I—Light, Compartment. Maxxima LED 18", EA,ILOS 1 MTB Note: No light hole required NOTE: Light Mounted on Ceiling Near Door Jamb 12-ZZ-= 1-- 1 02-X1-M27H S < 1--M-2 Compt(LFM):42.7"H x 26.75" Wx 21"DWI Black Handle 1 NOTE: M2 compartment to have fixed divider for stair chair storage and (3) adjustable shelves to the right of the fixed divider. 02-BO-CCO2 < I— Compartment Construction:STANDARD Diamond Plate 1 Sides and Pack; .100 PolishedAlurninurn Diamond Plate Compartment Ceiling: .090 AlUminUM Sheet 02-BO-CC08 Compartment Door Panel:Diamond Plate 1 12-DC-GA10 Compartment Finish:Diamond Plate Standard 1 02-BO-SWFL Compt Floor. Sweep-out, even with bottom doorjamb. 1 02-BO-CC41 -- Compartment floor thickness.125"standard 1 02-Bl-BION Bio-Waste None; 1 02-BC-10A0 Compartment Door. SINGLE DOOR, 1-point Latch 1 02-BO-09BO I— Compt Door Check:Double Action Gas Shock 1 04-EA-0981 I--Door Swing Angle:Set to 90-100 degrees 1 04-TS-1200 S < l-M-2 Shelves (3),Adjustable, Ext:.12 x Aluminum, Partial Width 2"lips 1 upward NOTE: Adjustable shelves to be from Fixed divider to all #3 04-TS-4010 I—Shelf Bracket. CPI 90 Deg with Slotted Holes 1 04-TS-1400 S < I—Divider, Vertical, Full compartment height, alum, Fixed 1 NOTE: Fixed Divider will be Mounted to Allow for Stair Chair Storage to the Left of Divider. 04-TS-STR3 S < I—Strap:2" Webb, wl Chrome Metal Seatbelt buckle w footman loops TATS 1 This strap is to secure things from moving while the vehicle is in motion, and is not designed to be a crash stable securing device. NOTE: Locate Strap From all#1 to Fixed Divider Page 53 of 1055 08/20/2020 Pa 5 PART NO S DESCRIPTION QTY 04-TS-STR2 1—2"Footman Loops:Locate back from jamb 1 05-EL-4M36 S < I—Light, Compartment: (2)Maxxima LED 36", EA, ILOS 2 MTB Note: No light hole required NOTE: Mount One Light on all #1 Near Door Jamb and Mount One Light on all #3 Near Door Jamb. I 05-HB-1310 XS < I— Condenser, 12V. Pro-Air Dual Fan, FRKG 126 Front of Body over Cab 1 60,000 BTU 04-HA-1310 < I—ARCTIC WEDGE Front of Body, no pre-drilled light holes 1 part #WEDGE-HVAC >>> No Pre-drilled light holes. Use of the wedge is subject to engineering review and approval for Light duty Type III models. A reduction in light sizing above the wedge may be required. 04-HA-1360 I—No warning lights installed on Artic Wedge, Brand Sticker Not Required 1 12-BO-0004 I—Painted Part-Painted Special color to match Body 1 06-RR-13ZO I—Standard Conduit. 1-112"", with pull wire 1 06-RR-1304 S I— CONDUIT ORIGINATION POINT. M-1A compartment 1 06-RR-13T3 I— CONDUIT TERMINATION POINT. Behind AIA Board(Panel) 1 06-RR-13Z1 Conduit#2 1-112""diameter, with pull wire, Type 1 units Std 1 06-RR-1301 I— CONDUIT ORIGINATION POINT. Electrical Circuit board cabinet 1 06-RR-13T2 I— CONDUIT TERMINATION POINT. Behind Driver's seat 1 09-ZZ-= 1 02-X1-M37J S I—M-3 Compt(LR):45"H x 52.375" Wx 21"D w Black Handle 1 02-BO-CCO2 < I— Compartment Construction:STANDARD Diamond Plate 1 Sides and Pack; .100 Polished Alurninurn Diamond Plate Compartment Ceiling: .090 AlUminUrn Sheet 02-BO-CC08 Compartment Door Panel:Diamond Plate 1 12-DC-GA10 Compartment Finish:Diamond Plate Standard 1 02-BO-SWFL Compt Floor. Sweep-out, even with bottom doorjamb. 1 02-BO-CC41 -- Compartment floor thickness.125"standard 1 02-BC-1000 S < I— Compartment Doors:DOUBLE DOORS, ILOS single 1 NOTE: Set Rear(Trailing) Door to Open as Far As Possible and Front (Leading) Door Set at 90 Degrees so the 12.5 Door will Open and Not Hit. 02-BO-09BO I— Compt Door Check:Double Action Gas Shock 1 04-EA-0981 I--Door Swing Angle:Set to 90-100 degrees 1 04-TS-11BO I--Shelf,Adjustable, Ext. .125 Aluminum, 2" Upward Lips 1 04-TS-4010 I—Shelf Bracket. CPI 90 Deg with Slotted Holes 1 05-EL-4M36 S < lLight, Compartment: (2)Maxxima LED 36", EA, ILOS 2 MTB Note: No light hole required NOTE: Mount One Light on all #1 Near Door Jamb and Mount One Light on all #3 Near Door Jamb. 09-ZZ-= 1-- 1 02-X1-M57H S M-5 Compt(RR): 72 HR, 29.5"'H x 52.375"' W x 21.0"'I0 W1 Black Handle 2 02-BO-CCO2 < I— Compartment Construction:STANDARD Diamond Plate 2 Sides and Back: .100 Polished/aluminum Diamond Plate Compartment Ceiling: .090 Alurninurn Sheet 02-BO-CC08 Compartment Door Panel:Diamond Plate 2 12-DC-GA10 Compartment Finish:Diamond Plate Standard 2 02-BO-SWFL Compt Floor. Sweep-out, even with bottom doorjamb. 2 02-BO-CC41 I— Compartment floor thickness.125"standard 2 02-BC-1000 Compartment Doors:DOUBLE DOORS, ILOS single 1 02-BO-09BO I— Compt Door Check:Double Action Gas Shock 1 04-EA-09B2 I—Door Swing Angle:Set to 110-120 degrees 1 04-TS-11BO I--Shelf,Adjustable, Ext. .125 Aluminum, 2" Upward Lips 1 04-TS-4010 I—Shelf Bracket. CPI 90 Deg with Slotted Holes 1 05-EL-4M18 S < lLight, Compartment: (2)Maxxima LED 18", EA, ILOS 2 MTB Note: No light hole required Page 54 of 1055 08/20/2020 Pa e 6 PART NO S DESCRIPTIONQTY NOTE: Mount One Light on Wall #1 Near Door Jamb and Mount One Light on Wall #3 Near Door Jamb. 09-ZZ-= 1-- 2 02-X1-M77H S '-- 6-7 Compt IRF): 72"H x 23.75" Wx 21.0"O W1 Black Handle 1 02-BC-10A5 -- Compartment Door:SINGLE DOOR, Forward hinged 2-point Latch 1 02-BO-09BO I— Compt Door Check:Double Action Gas Shock 1 04-EA-09B2 I--Door Swing Angle:Set to 110-120 degrees 1 04-TS-HOOZ S I—Hooks (3), Equipment, Fastenal Powe Hook, installed 3 ZZ-ZZ-ZZ01 S < I—Location:Lower Section of M7 Compartment(2)on Wall#2 and(1) on Wall#3 NOTE: Install (2) hooks on Wall #2 Evenly Spaced Approx. 3" down to top of Hook and (1) Hook on Wall #3 Centered Approx. 3" Down to top of Hook. (See Photo on File) 05-EL-4M36 S < I--Light, Compartment:Maxxima LED 36", EA,ILOS 1 MT. Note: No light hole required NOTE: Ught Mounted on Wall #3 of M7 Compartment near door jamb. 12-ZZ-= 1-- 1 02-X1-M84H S '—- -2.5 Compt(LWW): 11.25"H x 41.75" Wx 21"O WlBlack Handle 1 02-BO-0005 S < I--Door Strap &Foot man loops Kit per module body door 2 (2) STRA-DOOR Door strap kit for Seat belt style door strap, installed with Footman loops. This strap is to protect against overload of door gas strut assembly. (1)foot man loop in each end of the strap mounted to the door and the module. NOTE: Install (2) Cab Door Straps on M2.5 Compartment Door IAT Rubber Bumpers to Help Hold Door Open. Install Footman Loops 8" From Wall #1 to Footman Loop and 8" From all#3 to Footman Loop. 02-BO-CCO2 < I-- Compartment Construction:STANDARD Diamond Plate 1 Sides acrd Back: .100 Polished AlUminUm Diamond Plate Compartment Ceiling: .090 Alurninurn Sheet 02-BO-CC08 -- Compartment Door Panel:Diamond Plate 1 12-DC-GA10 -- Compartment Finish:Diamond Plate Standard 1 02-BO-SWFL -- Compt Floor:Sweep-out, even with bottom doorjamb. 1 02-BO-CC41 I-- Compartment floor thickness.125"standard 1 02-BC-10AO S '-_Door, Compt, SINGLE DOOR, 1-pt Latch, Hinge Bottom 1 05-EL-40M8 S -Light, Compt, M-2.5:NONE 1 ZZ-ZZ-ZZZZ -- 1 02-X1-RAOH < I--Rear Access Doors:46.75" Wide x 60.625"High W/Tri-mark 030-1875 Black 1 Handles FiA D-32326-02,32327-02 ZZ-zz-ZZZZ 1-- 1 WELDING -CELL 1 1 04-AS-1800 --Stainless Steel-Sill protection:For the following compartments 1 04-AS-18MO < I—M-1A:Left Front Compartment-Single Bend 1 REV to fabricate 04-AS-18M1 I--M-1:Left Front Compartment-Single Bend 1 04-AS-18M2 --M-2:Left Front Middle Compartment-Single Bend 1 04-AS-18M3 --M-3:Left Rear Compartment-Single Bend 1 04-AS-18M5 --M-5:Right Rear Compartment-Single Bend 1 04-AS-18M7 --M-7:Right Front Compartment-Single Bend 1 04-EA-PLAD S < 1--(4)Placard Holder, 12"x 12", with Placards Top Load,Aluminum "U" Trim 1 style Painted smooth placard inserts. REV to cut (4) 12" x 12" aluminum smooth insert sheet placards and paint job color of the body. Welded plate with drip rail edge placard holder style Page 55 of 1055 08/20/2020 Pa e 7 PART NO S DESCRIPTIONQTY SHIP LOOSE 12-BO-0004 --Painted Part-Painted Special color to match Body 4 ZZ-ZZ-ZZZZ -- 1 04-BP-L964 BODY PROTECTION AND TRIM PACKAGE: 43/4400 LP MV-607 1 04-AS-0370 I--Wire/Hose Cover : Diamond Plate, Between Cab&Module 1 04-BA-0203 S < I-a Batt Box Cinder Cab, Passenger Side Crew Cab MZ Molds Up to ( ) Grp 31 1 Batteries For MV607 Navistar Four Door(4300/4400 previous) Please request Engineering drawing, send to Specials request with account manager NOTE: Batteries Located on Passenger Side of Cab Below Rear Cab Door. Install a Custom Diamond Plate Spacer On Top of Battery Box to Fill In Gap (Reference 17ML 20173) NOTE: Install an Intermediate Step 12" Long With Bar Grate used for Easier Entry/Exit Into Rear of Cab on Driver and Passenger Side. NOTE: Have Vendor Leave the Upper Step Off of Passenger Side Battery Box and AEV will Install so Both Steps Will be Same Height From Bottom Step 04-BW-0032 S < I—Fuel Tank Cover. 60 Callon Fuel Tank Diamond Plate, Driver Side Crew Cab 1 /2 NOTE: Install an Intermediate Step With Bar Grate for Easier Entry/Exit Into Front Cab on Driver and Passenger Side. Driver Side Intermediate Step Will be 12" Long Due to OEM Fuel Tank Straps and Passenger Side Will be 12"Wide. The Intermediate Steps Will be Mounted Lower Than Standard Location to Minimize Distance Between Steps for Easier Entry/Exit(Reference 17ML 20173) NOTE: There will be no Drawer on Driver Side. 04-BW-ABME S < I--Bumper, Rear:Medium Duty Hd Framed w/DP pontoon covers 1 MICKEY BODY NOTE: See Steve Ring Drawing (2-I NCH_BU M PER_FRAM E_BOYNTON) 04-BW-FLMD S < I—Step, Center. 2"x 9" Grip strut, Fixed Position 1 NOTE: Center Step to be Fixed and Make Sure Power Cot Legs Will Clear Step When Lowered 04-BW-FRBO I--Step, Bus Style: None 1 04-EA-1300 < I--Dock Bumpers:Rubber 2 1/4"H x 16" W x 2" Thick 1 Part No: BUMP-02A 04g -A02 -- Wheel Size: 19.5"(Must match what is on chassis) 1 04-BW-AF20 --Fenders, Rear:Polished Aluminum, Medium Duty 1 04-BW-DP51 S < --Skirt Rails:Polished C-Channel Skirt rails-Measure to unit ILOS 1 RAIL.-EONS NOTE: Install Black Reflective Stripe In "C" Channel Skirt Rails 04-BW-DP92 < I--Corner Caps: 24.0" High,Alum Diamond Plate 1 If there is a body drop, add the appropriate height to Corner Caps. 04-BW-DP93 < I-- Front Stone Guards: 24.0" High, Alum Diamond Plate 1 If there is a body drop, add the appropriate height to Stone Guards. 04-BW-DP94 -- Rear Kick Plate: Polished Aluminum Diamond Plate 1 04-AS-0500 < I--Holder, License Plate, CPI C30002, Recessed choice of lights 1 Delete standard Tang cut out. HOLD-12C 04-AS-0522 XS -Location: Offset to Driver Side Due to M4 Compartment 1 Page 56 of 1055 08/20/2020 Pa 8 PART • S DESCRIPTION • 05-EL-44TN Tag Light. Kinequip LED#132703C 1 04-DE-0010 Rear Deflector: NONE 1 05-EL-SKV6 S < (4) CAB LED Strip Lights, Pell hate 12"FATS 2 NOTE: Mount Red On TOP and Clear on Bottom NOTE: Install (4) Strip Lights, (2) on Each Side of Cab on Bottom Step Below Each Cab Entry Door. (See Drawing) 05-EL-SLJB S < I—LED CAB Ground Lights:(4)Kinequip White 12"-LED lights, LATS 2 Mounted under cab steps (2)each side for each cab door. 05-EL-SLGY S < I—LED Ground Lights Switched: 2 The underbody lights work off a switch in the console or with any cab door. Lights stay on for 30 seconds after all doors are closed. 04-EA-0A6 S < (4)Rear Door Hold Opens:5 112"Grabber Style, Top/Bottom each door 1 Part No: HOLD-16A (2) NOTE: make sure rear tilt out windows do not hit body when doors are open. 04-EA-1120 Mud Flaps Front: NONE 1 04-EA-1133 Mud Flaps Rear: Modular, Rubber, Medium Duty units AEV LOGO 1 EXTERIOR LIGHTING/ HEAT/AC/INSULATION -CELL 2 1 05-EL-1800 CORNER CAP LED ICC/WARNING LIGHTS 1 05-EL-18FO I Front Corner Cap LED ICC/Warning Lights: Warnings RED/WHITE 1 05-EL-18F1 S < I--Front Center ICC Lights: (5) On OEM Cab Roof 1 Switch w/Headlights. 05-EL-18R5 I Rear Corner Cap LED ICC/Warning Lights: Warnings RED/AMBER 1 05-EL-18R3 < I--Rear ICC Lts:(3)RED Weldon LED No 9186-150OR 1 Switch w/Headlights 05-EL-18RK I--Rear ICC Lt Guards:(3)Across Rear 1 06-SW-CC01 ICC Warning Lights Switched: Primary Only 1 05-EL-2502 LED Lights, Patient on Board, Exterior 1 05-EL-2524 S < I—Amber LED POB Light, Each 2 NOTE: Install Lights on Bottorn of Exterior Outer Corner of M3 Rear (Trailing) Door and M5 Rear(Trailing) Door. (See Drawing) 05-EL-2564 I--Lights Switched with Entry Door Switch 1 05-EL-2504 LED Lights, Door Panel Warning, Interior 1 05-EL-2524 S < I—Amber LED POB Light, Each 8 NOTE: Lights Installed on Interior Door Panel on the Lower Outer Corner of the Ml Door Panel, M2 Door Panel, M3 Leading (Front ) Door Panel, M5 Leading (Front Door Panel) M7 Door Panel, C/S Entry Door Panel and Both Rear Entry Door Panels. 05-EL-2564 I--Lights Switched with Entry Door Switch 1 05-EL-2312 S < Tail Lights, Whelen LED Combinations, ILOS, Non FORD chassis 1 Stack Lights Top to Bottom: Turn Signals Backup Lights Brake/Taillights 05-EL-35A6 < I—Side Marker Lts:(2) Whelen M6 LED Red Running/Turn,ILOS 1 Running to be wired as Tail and Turn to be wired as Stop. These are to both have flanges. 05-PH-LF20 I—M6 Series Flange, Chrome Plated, Std:Each 2 05-EL-2414 Whelen M6 Series, Tail Lights 1 05-EL-2420 Stop/Tail, Whelen M6 Series, LED, Pair 1 05-EL-2426 Turn, Whelen M6 Series, LED, Pair 1 05-EL-2432 Back up, Whelen M6 Series, LED, Pair 1 05-PH-LF24 M6 Series Flange, Chrome Plated, Std: Three Pair 1 Page 57 of 1055 08/20/2020 Pa e 9 PART NO S DESCRIPTIONCITY 06-EC-4326 --Note:Standard Back-up Alarm Installed 1 06-EC-4331 I--Access Panel:NONE Required 1 05-EL-4300 Patient Area Turn and Stop Light Indicator: None 1 05-E -4 D Third(3rd)Brake Light.NONE 1 05-EL-4584 SCENE/FLOOD LIGHTS (LED-M9 Series) 1 05-EL-45L4 < I--Left Scene Lights:(2)LED-M9, Chrome Flange Whelen Chrome Flange provided with purchase of Light. 05-EL-0224 --Flanges:Above M9 Scene lights,Incorporated into lights 1 06-EL-18LF S < --Left Flood Activate:Left Flood Switch 1 Activate: (1)Switch in Front Switch Panel for Each Side Street Side Fear Scene Light to Activate When the Vehicle is in Reverse 05-EL-45T4 < I--Right Scene Lights:(2)LED-M9, Chrome flange Whelen 1 Chrome Flange provided with purchase of Light. 05-EL-0224 --Flanges:Above M9 Scene lights,Incorporated into lights 1 06-EL-18RT S < --Right Flood Activate:Right Flood Switch and open CSE Door 1 Curbside Rear Scene Light to Activate When the Vehicle Is in Reverse and CSE Door Open. 05-EL-46R4 < I--Rear Load Lights:(2)LED-M9, Chrome flange Whelen 1 Chrome Flange provided with purchase of Light. 05-EL-0224 --Flanges:Above M9 Scene lights,Incorporated into lights 1 06-EL-18RE --Activate:Rear Flood Switch, Reverse and Lead RA Door 1 0 -E -1800 --Add Activation:Rearward Left and Right scene lights. come on w/Reverse 1 06-EL-1800 X < ..,.Add Activation:Side Scene Lights to Work With Corresponding 1 Compartment Door NOTE: Additional Activation for Scene Lights to Work With Corresponding Compartment doors on Side and Will be Battery Switch Timer Hot. HEAT AND A/C 1 05-HA-2005 -- Patient Ventilation System:4 inch Power Intake, 4 inch Power Exhaust STD 1 05-HB-1001 S < 1--AC(HVAC)SYS:ProAir HotWeathPkg, Ducted- Vertical, Navistar/Kenworth 1 Mounted Behind the Attendant Seat Base Facing Fear of Truck 05-HA-0800 < I--Activ Tek induct 500-12V UV light with Ozone 1 System is to be installed in return airt Cabinet. Must be servicable, but not visible to EMT. >>Annual replacement of the IJV bulb is required 05-HA-1005 --AC COMPRESSOR:Secondary OEM engine compressor 1 05-HA-1306 --A/C Condenser.See M2 Cmpt for Condenser Information 1 05-HA-14RO < --Hella Relay Connector.Installed 1 (1) CAPS-HELLA ('1) PLUG-HEL.L.A 05-HB-14PC --AC Evaporator.Pro-Air(AC/Heat unit) w/dual fans-STD vertical 941 1 05-HA-1404 --Heater Hoses:EPDM-Nomex Rubber(per Ford QVM) 1 05-HA-14B5 --FILTER: Washable Carbon Pre-Filter 1 05-HA-14D1 < --Ducted A/C Delivery.Insulted foil wrap, 10 registers 1 8 registers in ceiling; 2 registers on A/C Cabinet face. 10-HA-0304 < I-- Thermostat, Rear A/C, Digital, Class 1 LX-1, Includes Front Also `f Thermostat located in A/A 05-HA-0603 < Roof Top AC: Coleman Roughneck Mach 8 15,000 BTU w/Heat Strip Ultra low 1 -White This unit will add 8.25"to the vehicle clearance height. Separate thermostat per each cooling unit Page 58 of 1055 08/20/2020 Paae--1 0 PART NO S DESCRIPTION QTY 05-HA-0630 < Roof Top AC Drain Pan Kit and hose 1 Install Dornefic Drain pan kit to underside of AC unit prior to installation, Connect to 1/2" ID hose that runs inside the module tubes, through wall and Out bottom of module. lnstalV kazoo valve on end of hose to prevent bug intrusion. Dornetic part 3107688.016 auxiliary drain pan kit 05-HA-0642 S < I--Roof Top AC Cover. Expanded Metal 1 This unit will add to the vehicle clearance height. 05-HA-0646 < I--Roof Top AC Cover Paint. 1 This unit will add 13 1/4"to the vehicle clearance height. 12-B0-0004 I--Painted Part-Painted Special color to match Body 1 05-IL-0057 CEILING PANELS : ACM Gloss White-Medium Duty 1 05-IL-0135 S < I--Dome Lts, LED K15:Kinequip, (4)Streetside, (4) Curbside 1 NOTE: (1) Button/Icon In the Rear Switch Panel for All Dome Lights With Switch High/Low/Off 06-EC-0900 S < I-- Timer, Spring wound Constant Hot, Check out, 15 Minute 1 Located on curbside wall at head of squad bench. NOTE: This is an additional timer installed on C/S wall beside C/S Entry Door. 06-EC-09P2 S Timer to Power. All DOMES, High intensity 1 ZZ-ZZ-ZZZZ 1-- 1 05-IL-05T1 Timer, Constant Hot, Check out, Class 1 Multiplex System 1 Activated with opening of either C/S or Rear Entry Doors. 06-EC-0910 < 1--5 Minute Activation 1 Light Circuit to stay on for 5 minutes when entry door is opened. 06-EC-09P2 S < I-- Timer to Power. All DOMFS, High intensity 1 NOTE: Tinier to Also Control Additional Ught Above Electrical Cabinet ZZ-ZZ-ZZZZ 1-- 1 09-MH-0801 IV Hook No 1: CPI Rubber IV 2008-1(Recessed Mount),ILOS 1 29-MH-1000 I--LOCATION: Over head/chest area,primary patient on COT 1 09-MH-0802 IV Hook No 2: CPI Rubber IV 2008-1(Recessed Mount),ILOS 1 09-MH-08P2 LOCATION: Over head/chest area,secondary patient on SIB 1 ZZ-ZZ-ZZZZ 1-- 1 09-MH-08A3 IV Hook No 3:Hook 07 wl Velcro bag stabilizer-1A TS 1 09-MH-08P3 S < I--LOCATION:Install to Rear of Action Area Box on Back all 1 NOTE: Install hook on back wall of Action Area 91/2" off AIA box and 6" down from top cabinet. 09-MH-2AC6 < I--Recessed CIS Grab Rail, ceiling: 1.25 Dia..... 3 pt, 72in, Yellow Antimicrobial 1 Grab Rail will be recessed in a ABS pan. 09-MH-2ASS Streetside Grab Rail: None 1 Insulation PKG: Generation 9 body std. 1 05-IN-1STD < Insulation: Circumferential PKG, Reflective w/Air cell core 1 single layer reflectix 0 -i -3 TO < I--Blue Block foam ENTRY DOOR Insulated:2" Thick IATS 1 For all entry doors, the blue block foam insulation shall be fitted tightly against the structural members to maximize R-value effectively. Gap spacing round each cell within the structure grid and the block foam shall not exceed 1/2"with tolerance of quarter inch.. 05-IN-4ST9 < I--Insulation Sound Deadening: Generation 9 Floor 1 Generation 9 Floor Design Page 59 of 1055 08/20/2020 Pa a 11 PART NO S DESCRIPTIONQTY 05-IN-5STO -- nsu a ion: a s ei ing, i lona 1 0 -I -6SF < I--Stepwell Insulation:Urethane Froth Insulation, TATS 1 MTB to spray urethane froth insulation, underside of step well area. MTB option#7208738 05-LB-11 0 S < .. Front Light Bar: 72" Whelen LEO Freedom 1 SALES NOTE: GET Q/W CODE FOR LIGHT BAR SETUP Driver side cable exit included. Mounting feet on lightbar included. 72"Whelen LED Freedom Install on Cab Roof Super LED Colors: R/R/R/R/R/R/C/C/R/R/R/R/R/R Lens Color to be Clear (1)Switch in Front LX-1 Switch Panel NOTE: The Clear Lights Will Go Out in Secondary 05-FA- 41 < I--LB Mount: On Cab Roof 1 Reinforce between headliner for oil canning. See Engineering. 06-SW-0004 S -Switch Light bar: Switch in LX-1 Panel 1 ZZ-ZZ-ZZZZ -- 1 05-PA-LBOB -- Rear Light Bar: NONE 1 05-S M SERIES LED WARNING LT SYSTEM-43/4400 LTD 1 05-FS-0712 --Flasher:None,All M Series LED's Are Programmable 1 05-FS-10P4 --Flash Pattern:None,Internal Light Head Flasher 1 11-ZZ-0909 < I-- CAAS GVS Exception to C.8.2.12 Warning lights non-compliant to Table 1 1 dual mode The Warning lights pattern chosen by the Customer does not meet either the required photometric output flash or the pattern required of Table 1, Dual mode, Primary Secondary of CAAS 0.8.2.12. An exception has been taken for only this element to the standard. 06-SW-PS01 -- Warning Light SWITCH:center console, Primary/Secondary 1 11-ZZ-0909 < -- CARS GVS Exception to C.8.2.12 Warning lights non-compliant to Table 1 1 dual mode The Warning lights pattern chosen by the Customer does not meet either the required photometric output flash or the pattern required of Table '1, Dual mode, Primary Secondary of CAAS 0.8.2.12. An exception has been taken for only this element to the standard. 05-PM-LC50 S < 1--(2) Grille Lights: Whelen M7 Series, LED 1 NOTE: Grille Lights to be Installed as: (2)On LowerGrille: (1)To Far Left and (1)to Far Right (2)On Upper Grille: (1)To Far Let and (1)to Far Right NOTE: Flash in "X" Pattern 05-PM-L150 S ' -(2)Additional Grille Lights: Whalen M7 Series, LED 1 05-PH-LF22 --M7 Series Flange, Chrome Plated, Std:Each 2 05-PM-LR24 --LED M7 Red-Pair 1 05-p -IRA --Light, Whelen LED M7 Red LED/Clear Lens-Programmable 2 05-PL-LY04 --LED Color for Above M7 LED:RED 2 05-PM-LV10 --Lens Color:Clear 2 25-PH-LT84 --LED Lights:Programmable, Single Light 2 05-PM-LN20 --Flanges, Chrome:Grille Lights M7 1 05-PM-LR25 --LED M7 Red-Pair 1 05-p - RA --Light, Whelen LED M7 Red LED/RED Lens-Programmable 2 05-PL-LY04 --LED Color for Above M7 LED:RED 2 05-PM-LV20 --Lens Color:Red 2 25-PH-LT84 --LED Lights:Programmable, Single Light 2 05-PM-LE50 --(2)Intersection Lights: Whelen M7 Series, LED 1 05-PM-LN14 --Flanges, Chrome:Intersection M7 1 Page 60 of 1055 08/20/2020 Pa a 12 PART NO S DESCRIPTIONQTY 05.1 M6 LR32 --LED M7 Red/White Split-Pair 1 05-PM-LRC1 --Light, Whelen LED M7 Red/White LED/Clear Lens-Programmable 2 05-FS-1212 5 Programmable Lights Split Color 2 05-PL-LY12 --LED Color forAbove M7 LED:RED/WHITE 2 05-PM-LV10 --Lens Color. Clear 2 0 -FU- --DELETE(1) Center Front Warning Light 1 05-PH-LT25 --Light(s)are moved into the front light bar. 1 ZZ-ZZ-ZZZZ -- 1 05-PM-LG70 --(2) Outer Front Body Lights: Whelen M9 Series, LED 1 05-PH-LF12 --M9 Series Flange Chrome Plated, Std:Pair 1 05-PM-LS24 --LED M9 Red-Pair 1 05-F - RK5 Light. Whelen M9, LED, RED LED/RED Lens, Programmable ILOS 2 05-PL-LY54 --LED Color for Above M9 LED:RED 2 05-PM-LV20 --Lens Color.Red 2 25-PH-LT84 --LED Lights:Programmable, Single Light 2 05-PM-LH70 --(4) Upper Side Body Lights: Whelen M9 Series, LED 1 05-PH-LF14 --M9 Series Flange, Chrome Plated, Std: Two Pair 1 05-PM-LS44 --LED M9 Red- Two Pair 1 05.1 M6 LR "5 --Light. Whelen M9, LED, RED LED/RED Lens, Programmable ILOS 4 05-PL-LY54 --LED Color for Above M9 LED:RED 4 05-PM-LV20 --Lens Color.Red 4 25-PH-LT84 --LED Lights:Programmable, Single Light 4 05P6 Ll50 5 < --(2)Rear Intersection Lights: Whelen M7 Series, LED 1 Locations: 1) Under M2.5 Compartment and 1) on C/S Same Height 05-PH-LF22 --M7 Series Flange, Chrome Plated, Std:Each 2 05-PM-LR24 --LED M7 Red-Pair 1 05-F - RAS --Light, Whelen LED M7 Red LED/RED Lens-Programmable 2 05-PL-LY04 --LED Color for Above M7 LED:RED 2 05-PM-LV20 --Lens Color.Red 2 25-PH-LT84 --LED Lights:Programmable, Single Light 2 05-PM-LJ70 --(2) Outer Rear Body Lights: Whelen M9 Series, LED 1 05-PH-LF12 --M9 Series Flange Chrome Plated, Std:Pair 1 05-F - 26 --LED M9 Amber-Pair 1 05.1 M6 LR "9 --Light. Whelen M9, LED,AMBER LED/AMBER Lens, Programmable ILOS 2 05-PL-LY56 --LED Color for Above M9 LED:AMBER 2 05-PM-LV40 --Lens Color.Amber 2 25-PH-LT84 --LED Lights:Programmable, Single Light 2 05.1 M6 L 80 --(4)Additional Rear Body Lights: Whelen M9 Series, LED 1 05-PH-LF14 --M9 Series Flange, Chrome Plated, Std: Two Pair 1 05P6LT07 --Light. Whelen M9, LED, RED LED/RED Lens, Programmable TATS 2 05-PH-LF10 --M9 Series Flange, Chrome Plated, Std. Each 2 05-PL-LY54 --LED Color for Above M9 LED:RED 2 05-PM-LV20 --Lens Color.Red 2 25-PH-LT84 --LED Lights:Programmable, Single Light 2 05-PM-LT06 --Light. Whelen M9, LED, RED LED/RED Lens, Non-Programmable TATS 2 05-PH-LF10 --M9 Series Flange, Chrome Plated, Std. Each 2 05-PL-LY54 --LED Color for Above M9 LED:RED 2 05-PM-LV20 --Lens Color.Red 2 06-EL-2499 < --Brake Light Override: Wire into rear warning lights above 1 VndLsdes FL.AS-UL..F44 ('1) Flasher unit to flash lights during warning cycle. 06-EL-2501 I-- Override Function:During ALL modes of operation 1 05P6•LL70 --(1) Center Rear Body Light. Whelen M9 Series, LED 1 05-PH-LF10 --M9 Series Flange, Chrome Plated, Std. Each 1 05-PM-LS06 --LED M9 Amber-Each 1 05-F - RK9 --Light. Whelen M9, LED,AMBER LED/AMBER Lens, Programmable ILOS 1 05-PL-LY56 --LED Color for Above M9 LED:AMBER 1 05-PM-LV40 --Lens Color.Amber 1 25-PH-LT84 --LED Lights:Programmable, Single Light 1 05-ZZ-ZZZZ 1 5 < ELECTRICAL -CELL 3 1 Dump Manually Activated With the Momentary Switch on Curbside Wall, Beside Rear Entry Door. Dump Automatically Raises When Vehicle is Started and Rear Entry Doors are Closed. Page 61 of 1055 08/20/2020 Pa a 13 PART NO S DESCRIPTIONCITY Disable Auto Door Locks in Module (If Equipped) Air Tank Drain Lines Install (2) Pull Lines Under Cab Step to Drain Air Tanks Install Additional Low PSI Indicator Light for Rear Air Suspension in Cab LX-1 Switch Panel. 05-IL-12MP S < I-- Cali Ovhd Light. Grote 4"RFD LED For Compartment 'Open Light 1 NOTE: Install light in headliner center between driver and passenger seat for compartment door open lights 06-00-0005 S < I-- Customer Supplied Part(s) : Yes See account 1 1) One Radio head For Console 2) Radio Speaker to Mount in Console 07-00-0182 1-- Custom design wood console included in Order 1 06-00-0001 S < AUTOMATIC III IDLE WITH LX-1 SYSTEM 1 NOTE: HI IDLE WITH LX-1 SYSTEM AUTOMATICALLY WITH LOW VOLTAGE. (CHASSIS HAS TO HAVE THE HI IDLE OPTION FROM DEALER) 06-00-0001 X < PORTABLE E'QUIPME'NT CHARGING CIRCUIT' 1 INSTALL AND LABEL BEHIND THE REAR DRIVER EAT (1)20 AMP CIRCUIT BREAKER RUN POWER WIRES FORM UNDER FRONT CONSOLE TO: BEHIND REAR CAB EAT (1) CIRCUIT (POWER AND GROUND) TO FRONT CONSOLE LABEL ON BOTH ENDS "PORTABLE LE EQUIPMENT CHARGING CIRCUIT" (1) CIRCUIT (POWER AND GROUND) TO BEHIND REAR SWITCH PANEL. LA. LED ON BOTH ENDS "PORTABLE EQUIPMENT CHARGING CI CUIT" TO BE CONSTANT HOT 06-AA-0320 < I--Headlight Flasher Special switching 1 Dealer to add note and explain special switching requirement. Pricing is subject to change based on complexity of request. 06-AL-47SU Hand Held Spot Light: None 1 06-AL-49RO < I— CAB Spot Light: GoLight Stryker GO 3021,Halogen Black:Hardwired 200,000 1 CP Light is operated by Hard Wired control in cab 06-AL-5001 S < I— CAB Spot LightMount: Custom Spot Light Base 1 iT- POTLI T 12-BO-0004 I--Painted Part-Painted Special color to match Body 1 06-E'C-0800 S < Battery Switch &Auto-Battery Shut-down (Kill Circuit):5 Minute, Non-Ford 1 Cole Hersee Paddle style battery switch powers up and shuts down the CONVERSION only! Chassis related circuits shall remain wired in the O.E.M. configuration per Ford QVM Bulletin No 63. SWITCH LOCATION: Behind Drivers Seaton Floor With a Smoke Lexan Cover Over Battery Switch. With Face Plate LABEL NOTE: The Headlights and DOT lights Need to Cut OFF With Battery Timer. This Option Included on Chassis From Dealer. 06-FC-0564 POWER Door Locks:Module Doors-Full Mod 1 06-EC-0505 < I--Door Locks, Tied into OEM System 1 Module power locks are tied to the Chassis power lock system Page 62 of 1055 08/20/2020 Pa a 14 PART NO S DESCRIPTIONQTY 06-EC-0512 < -- OEM Key Fob:Included w/Chassis Unlock Mod Doors 1 Must also operate the Module Power Door Locks Optioned. 06-EC-05C9 --Door Lock Switches:Integrated in Interior Entry door Handles 06-EC-05K0 -- ONLY the following doors shall have power door locks: 1 06-EC-05L1 --Electric Door Lock:(M-1A) Upper Left Front Compartment, 1 06-EC-051141 --Electric Door Lock:(M-1)Left Front Compartment 1 06-EC-05M2 --Electric Door Lock:(M-2)Left Middle Compartment 1 06-EC-05M4 --Electric Door Lock:(M-3)Left Rear Compartment 1 06-EC-05M6 --Electric Door Lock:Rear Access Doors 1 06-EC-05M7 --Electric Door Lock:(M-5)Right Rear Compartment 1 06-EC-05N0 --Electric Door Lock: Curbside Access Door 1 06-EC-05N1 --Electric Door Lock:(M-7)Right Front Compt 1 06-EC-281X --Door Unlock Switch, Momentary, Exterior, hidden :NONE 1 06-EC-2800 < Door Unlock Switch, Momentary, Exterior, hidden 1 NOTE: Installation of Remote Door Lock Switch feature may increase likelihood of unauthorized entry into vehicle. By checking this option, purchaser further agrees to hold REV or chassis manufacturer harmless for any loss of vehicle or contents caused by unlawful access. 06-EC-0802 --Location:Front Grille/Bumper Area 1 ZZ-ZZ-ZZZZ 1-- 1 06-EC-4300 Back-up Alarm: Standard 102DB 1 06-EC-43BO I--Cut Off Switch: Auto reset ,momentary style 1 11-ZZ-0933 < I--CAAS GVS V2.0 Exception C.16.1 Reset of Back-up Alarm 1 Installation of a reset of a back-up alarm shall cause an exception to the GVS 2.0 Standard for C.16.1 for this instance when a vehicle is shifted into reverse. 06-EC-CBZ5 XS < Circuit Board, 12V.Multiplex LX1 Navistar/Terrastar 1 Includes the Following Items, please add to order: All the following need to be added as usual: Rear Digital Thermostat/Control for A/C, includes front also Door Open 5, minute check out timer for Domes Oxygen Contents Gauge front and back Silent Intercom Through LX-1 Panels (CUSTOMER REQUEST THAT DOMES COME ON EACH TIME VEHICLE POWER IS TURNED ON) 06-EC-1304 1--Voltage Monitor, LX-1, w/Warning Light 1 06-EC-2215 I-- LX-1 Standard Module door Open Alarm and Icon on Front Display 1 06-EC-31 FA I-- Back Up Camera:Adjustable ASA, Tied to LX-1 system White 1 06-EC- 1 ER I--LX-1 Right Turn Camera displays in front LX1 panel 1 06-EC-31J2 I--Right Turn Signal Camera:VCMS36RCM ASA, Chrome 1 06-EC-31142 < --Patient Area Camera:Federal CAMCCD Bullet Style(Grab rail Recess) 1 (1) CAMR-CAMCCD (1)ADAP-31100041 06-EC-3112 I-- Camera Mounted Toward:Rear(Faces Forward) 1 06-EC-CB07 I--Circuit Protection, 12V: FET-Auto-reset 1 06-EC-SPA7 I-- LX1 Main Switch Panel Location : 1 06-EC-SPA6 S < I--Switch Panel Mounted: Cab Console RAM Mount single straight arm 1 Straight ram arra 06-EC-SPZO I-- Patient Area LX1 Panel: 1 06-EC-SPZ1 I--Pt Area LX1 Switch Panel: One Standard In Patient Compartment 1 06-EC-SPAT I--Switch Panel Located: Streetside A/A 1 06-EC-SP70 I-- Patient area switch panel mounted :flat to action wall std 1 06-FS-1106 1--Sequencer, LX1,with load manager, 1 06-RR-NOX3 S < I-- CONSOLE,ALUMINUM SPEED LINE BLACK Four Door Cab :Navistar 1 Scribe fit to OEM Dash and cab floor. NOTE: Route Wires From Console to Behind Passenger Seat, Out of the Passenger Side of Console and Install a Metal Cover Over Wires With Cactus Mat Installed Over Metal Cover. Install Cover over Electrical Components in Cab Also. Page 63 of 1055 08/20/2020 Paae--1 5 PART NO S DESCRIPTION CITY NOTE: Custom Length Console With Switch Panel at Front, Then Siren, Then Radio Space, Then Intercom, Then Map Slots, Then Cup Holders in the rear for the Two Rear Seats. 05-IL-1210 S < I--Map Light. Hella Flex Shaft, 19", 12VDC Halogen White 1 NOTE: Install on Passenger Side Front of Console (See Photo on File) I 06-RR-23J4 S < I--Door/Comp Ajar Buzzer. Activate with Entry& Compt Door 1 NOTE: Activate Only When Truck is in Gear 07-RR-2301 I-- Customer Radio:Space for Customer installed Radio Heads 1 07-RR-24AO I--Console Finish: Black, Textured "Easy Grip" 1 07-RR-020N S 1—Add-on Console:ALUMINUM SPEED LINE BLACK Medium Duty console 1 07-RR-02A0 I--Drink Holder. (2)In Add-on Console, Big Gulp Size 2 07-RR-02A7 I--Drink Holder Location:Rear 2 07-RR-02F0 Note Book Slot. Single-Full width by 6"wide 1 07-RR-02F3 I--Double removable Lexan Divider(s) 1 07-RR-2301 Customer Radio:Space for Customer installed Radio Heads 1 07-RR-24A0 Console Finish:Black, Textured "Easy Grip" 1 07-ZZ-= 1 06-EC-GR01 Ground Straps, Module to Frame: (Qty 4) Braided 1 06-IA-0001 Converter , 125V to 12V: NONE 1 06-IG-0310 Inverter: Vanner 20-1050 CUL-DC-Full Mod 1 06-EC-03AS I--Portable Equip Charging Circuits:Included in Inverter 1 06-EC-03AA I--PREINIRE LOCATION:(1)Cab Console, (1)Behind AIA 1 06-EC-03C9 < I--Portable Equip Pwr Source:Ignition and/or Shoreline 1 Reference 3.7.7.2 and Figure 7 in KKK-A-1 822E 06-IG-03AO I--Battery Charger/Conditioner:55A -Built into Inverter 1 06-IG-0003 I--Built-in Battery Charger. Enable- Wire to Batteries 1 06-IG-04L7 --Inverter Location:M-1A (ULF) Compartment 1 06-MC-01AO S Engine Hour Meter. THrough LX-1 System 1 06-MC-0900 Low Voltage Indicator: Amber with Buzzer 1 COMMUNICATION RADIO(S) RELATED 1 06-00-0001 1-- 1 RADIO POWER 1 06-EC-03AO S < I--Radio Power No 1:30A, Pos and Neg, 10 awg Wires 1 MDT Gateway Power Source 06-EC-03BO I--Radio Power Source: Battery Switch Hot 1 06-EC-03.10 S < I--LOCATION:Inside Cab Center Console 1 NOTE: 6 Foot Lead in Front Console 06-EC-0302 S < I--Radio Power No 2:30A with Buss bar 1 NOTE: Install Lexan Cover Over Buss Bar 06-EC-03C1 I--Radio Power Source:Ignition Switch Hot 1 06-EC-03EO I--LOCATION:Behind Action Area Board 1 06-EC-03A3 Radio Power No 3:30A, Pos and Neg, 10 awg Wires 1 06-EC-03B0 Radio Power Source:Battery Switch Hot 1 06-EC-03.10 LOCATION:Inside Cab Center Console 1 06-EC-2751 S < Intercom, David& Clark System:Installed 1 David Clark Headset details: David Clark Master System U3800 with (2) U3815&(1) DC3690 The master and (2) of the U3815 to be in the cab and (1) DC3690 in the module location TBD AT PREBUILD David Clark Headset H3442 (quantity 4) Push to Talk Feature for All Headsets Page 64 of 1055 08/20/2020 Pa a 16 PART NO S DESCRIPTIONQTY ZZ-ZZ-ZZZZ -- 1 ANTENNA LEADS 1 06-PP-1710 < I—Antenna Base w/Coaxial Cable:KE794#1 1 MOUN-KE794 06-RR-1760 5 ..-Roof Location: OEM Cab Roof 1 06-RR-1772 < I-- Termination Point.Inside Center Console 1 MOUN-K794 06-PP-1100 5 < I. Radio Head and Speaker Customer Supplied prior to production, installed 1 NOTE: (1) Radio Head Installed in Console With Radio Speaker 06-RR-1809 1-- Patient Area Radio : None 1 06-EC-2700 5 < I--Intercom, Fire Research ICA100-A00 Two way cab to patient area 1 Install Master Unit in Front Console Install Remote(Hands Free operation)In A/A Install In-Line Noise Filter on Intercom Power Supply Parts: (1) Fire Research ICA100 Intercom System Part#ICA-100-A--KIT ICA Front Master With Volume and Push to Talk Controls, Mounts in Front Console Forward With Hands Free Mounts on A/A Wall (See Photo on File) Both Units are Surface Mounted Front and Rear Plastic Cases. ZZ-zz-ZZZZ 1-- 1 06-SO-0000 125V SHORE LINE AND OUTLETS 1 06-00-0001 1-- 1 06-SO-0907 < I--Shore Line Inlet.20A,125 VAC Kussmaul Super Auto Eject w Bargraph 1 Yellow cover Requires additional space behind interior cabinets for installation. 06-SO-OOL1 S < I—inlet location:Front of Driver Side of Box in Angled Housing 1 NOTE: The Shore Line Inlet Will be Located on the Forward Let Edge of the Module in a 45 Degree housings Install a Label to Identify the Inlet is for the Inverters The Height of the Inlet Cannot Exceed 56" From the Ground to the Top of the Shore Line Inlet. ZZ-zz-ZZZZ 1-- 1 06-SO-1000 S < I--Shore Line Inlet No 2:30A,Auto Eject,TATS 1 NOTE: For Roof Top A/C 06-SO-OOL1 5 ..-inlet location:Front of Driver Side of Box in Angled Housing 1 06-SO-1060 I-- Cover,RED, Shore Line Inlet:30A Super Auto Eject,ILOS 1 ZZ-zz-ZZZZ 1-- 1 06-SO-10TT < I--InpowerTimer. VCM-05-01SF,Installed 1 NOTE: This allows the auto eject to be wired to the ignition switch In lieu of splicing into the OEM starter circuit and is required any this vehicle ZZ-ZZ-ZZZZ 1-- 1 06-SO-1400 --**125 Volt OUTLETS" 1 06-SO-1401 < -- 125 VAC Outlet, No 1: 15A, Hospital Grade,IVORY 1 All 125 VAC outlets shall be back lighted when power is applied to the outlet. 06-SO-141_1 I--LOCATION: Action Area, standard location 1 06-SO-1402 I--Outlet mounting ORIENTATION: Vertical 1 06-SO-1402 1-- 125 VAC Outlet, No 2: 15A, Hospital Grade, IVORY 1 Page 65 of 1055 08/20/2020 Pa e 17 PART NO S DESCRIPTIONCITY 06-SO-14L3 SLOCATION:Behind Fridge, (See Drawing) 1 06-SO-1402 --Outlet mounting ORIENTATION: Vertical 1 06-SO-1403 -- 125 VAC Outlet, No 3: 15A, Hospital Grade,IVORY 1 06-SO-14L2 --LOCATION: Curbside,see Drawing 1 06-SO-1402 -- Outlet mounting ORIENTATION: Vertical 1 ZZ-ZZ-ZZZZ -- 1 06-SO-1100 "INTERIOR 12 Volt OUTLETS" 1 06-SO-10 -- 12 Volt outlets two separate single outlets 1 06-SO-10Y0 -- 12V Outlet, No 1:Power Point Single- Wire thru Med Isolator 1 06-SO-11L1 --LOCATION:Action Area,standard location 1 06-SO-1402 -- Outlet mounting ORIENTATION: Vertical 1 06-SO-1910 --Power Source:Medical Isolator, Batt Sw Hot 1 ZZ-ZZ-ZZZZ -- 1 06-SO-1102 -- 12V Outlet, No 2:Power Point- Wire thru Med Isolator 1 06-SO-11L1 S LOCATION:14 Cabinet for Portable Sanction (See Drawing) 1 06-SO-1402 -- Outlet mounting ORIENTATION:Vertical 1 06-SO-1913 --Power Source: The SAME as outlet No 1 1 ZZ-ZZ-ZZZZ -- 1 06-SO-1103 -- 12V Outlet, No 3:Power Point- Wire thru Med Isolator 1 06-SO-11L3 --LOCATION:RFALS, (See Drawing) 1 06-SO-1402 -- Outlet mounting ORIENTATION: Vertical 1 06-SO-1913 --Power Source: The SAME as outlet No 1 1 ZZ-ZZ-ZZZZ -- 1 06-SO-1104 -- 12V Outlet, No 4:PowerPoint- Wire thru Med Isolator 1 06-SO-11L3 SLOCATION:In Pear of Front Cab Console 1 06-SO-1402 -- Outlet mounting ORIENTATION:Vertical 1 06-SO-1913 --Power Source: The SAME as outlet No 1 1 ZZ-ZZ-ZZZZ -- 1 06-SO-1105 -- 12V Outlet, No 5:Power Point- Wire thru Med Isolator 1 06-SO-11L4 S LOCATION:In Cab Console, beside intercom (See Photo on File) 1 06-SO-1402 -- Outlet mounting ORIENTATION: Vertical 1 06-SO-1916 --Power Source:Medical Isolator No 2, Battery(CONSTANT)Hot 1 ZZ-ZZ-ZZZZ -- 1 06-SO-1127 --Hard Wired 12V Circuit, For Customer/Dealer Supplied Component 1 06-EC-1414 S Location:M-3 Compartment 1 06-SO-1912 --Power Source:Medical Isolator, Battery(CONSTANT)Hot 1 ZZ-ZZ-ZZZZ -- 1 06-SO-1127 --Hard Wired 12V Circuit, For Customer/Dealer Supplied Component 1 06-EC-1414 S Location:M-3 Compartment 1 06-SO-1912 --Power Source:Medical Isolator, Battery(CONSTANT)Hot 1 ZZ-ZZ-ZZZZ -- 1 06-SO-1161 S < -- 12V Outlet, DUAL USB Fast 4.8A,. 2.4 A per slot Round TATS EACH 4 Vncludes waterproof cover. DUAL USS outlet 26-SO-11L1 S < 1—LOCATION: See Note 4 (1) in Action Area Wall #2 (1)C/S Wall (2)In Cab Console(1)on Driver Side (1) on Passenger Side 06-SS-020B S < Siren:Federal, EQ2B, 4300/4400LP,ILOS 1 NOTE: Mount EQ2B Siren Amp Behind Rear Passenger Seat Between Back Wall of Cab Chassis and Rear Passenger Seat. 06-SS-5403 < I--Siren Spkr: CPI, Bumper Recessed, SA5403, M2 1 This speaker is a recessed mount regUiring ayore-described hole in the outer end of the front bumper. 06-SS-SW01 < I--Siren/Horn Switch:In Cab Console 1 Siren Functions OR OEM Horn 06-SS-SW04 I--microphone clip not installed Tie to Siren Microphone cord. 1 06-SS-13BO S < Air Horn System: OEM Supplied and Installed 1 Air Tank Drain Lines: Install 1 Pull Line Under Driver Side Cab Step to Drain Air Tank Front Air Tank Page 66 of 1055 08/20/2020 Paae-_1 8 PART • S DESCRIPTION • Second Air Tank Install Pull Line Under Passenger Side Step to Drain Air Tank it Chassis Come With Lanyard Drain. 06-SS-1800 S < Air Horns,ACTIVATION Valve:Manual Valve wl Lanyard ILOS 1 Constant hot, CANNOT be hooked up with door switches or primary/secondary NOTE: Delete OEM Foot Switches and Install Lanyard at Head Uner Between Cab Seats. Make Sure Lanyard is Anchored Properly to Not Pull Loose. CABINET SHOP -Modular 1 07-00-0182 1— Custom design wood console included in Order 1 07-00-0001 < ALL DIMENSIONS ON ORDER WILL HAVE A VARIABLE OF + OR- 1/4" 1 Unless specified as a minimum dimension. S < Cabinet Configuration 1 NOTE: Customer Uses Custom Bins for the Cabinets and Sizes are as Follows: Large Bin: 7"H x 16 1/2"W x 14 3/4" D Medium Bin: 7" H x 8 1/4"W x 14 3/4" D Small Bin: 3" H x 4 1/8"W x 5 3/8" D 07-00- CO2 Mica Color. Gloss Gray D355-01 1 07-00-N002 I--All Cabinet interiors Standard Pre-laminated> WHITE 1 07-00-FCO N < Polycarbonate Type/Color:Lexan- CLEAR Secure Latch 1 Note; For any secure latch window requested where a cabinet opening width is 20 inches or less, the secure latch window will be questioned at ordering. 07-00-PH01 I— Window Handles:Full Length Extruded 1 07-01-SEK8 < I—Att. Seat. EVS, 1880P4B 10 deg Child Safety Seat,Black Per4Max Black, 1 ARMRESTS are permitted on this seat SEAT-L.OGO AEV REV(or can be deleted) Seat back angle fixed, no recline function. Child safety seat 07-SE-0901 < I—BASE:Swivel base for EVS Child Seat Option Handle on RIGHT std 1 (2) Position Swivel, Forward or Rearward, Only BASE-18825 EVS handle is on right. 11-SE-04A0 I--Attendant Seat,Armrest. None 1 07-AC-6401 S AC CABINET. Evaporator, Std Location Behind Att Seat Facing Rear of Truck 1 07-ZZ-ZZZZ 1-- 1 07-BK-0001 S < Bulkhead Cabinet Under Talk Thru:J1 Installed IATS, See Drawing 1 NOTE: Top of Cabinet to have a 3/4" Up to from a Countertop 07-DR-WD13 I—Doors:Dual Flush Fitted 1 07-CA-21AO I— TRIM:U-shaped Door, J-trim opening, DBL DRS 1 07-DR-OR05 Hinge Orientation:(1)RIGHT and(1)LEFT 1 07-HWHIN1 Hinge: 1112"Stainless Steel Piano Hinge 2 07-HW-SO01 Lever Latch:Non-locking-Black Finish 2 11-XO-0012 I—Stowage rating label-Black Lever latch 8 pounds applied each 2 07-TS-1200 I--Shelf Track:Small alum Unistrut type 1 07-CA-0608 S < 1—(2)Shelves:Adjustable mica over substrate with Alum Trim 1 NOTE: Mount Shelves on a '15 Degree Angle Sloped Down From Front to Rear of Cabinet. ZZ-ZZ-ZZZZ 1-- 1 07-CA-04A8 S < Cabinet, (3) Glove Storage, over CIS Entry Door 1 NOTE: Each Glove Opening Needs to be 11"Wide to Fit Customer Glove Boxes. 07-DR-LX04 Door. Overlay He, 318"Lexan-3-glove dispense thru 1 07-HW-SO11 I—Round Pull Latch:Non-locking- Chrome Finish 1 11_X0_0010 I—Stowage rating label-Southco round latch 10 pounds applied each 1 07-ZZ-= 1 1 Page 67 of 1055 08/20/2020 Pa a 19 PART NO S DESCRIPTIONQTY 07-CA-0300 S < CURBSIDE UPPER: Over SIB, Mods 1 NOTE: Cabinet K1, K2 Cabinet to be 8" Interior Height and Will Have 1 Small Bin (3" H x 4 1/8"W x 5 3/8" D) Each Side of Divider 07-CU-1<107 S < I— Cabinet K1 &K2:(2) Openings with flush center divider 1 NOTE: 1/2" Lip on Boftorn of Each Opening 07-DR-LX24 --Door.Single Flip Up 3/8"Lexan 2 07-HW-SO01 I--Lever Latch:Non-locking-Black Finish 2 11-XO-0012 I--Stowage rating label-Black Lever latch 8 pounds applied each 2 07-ZZ-= -- `f 07-CA-04AF < Cabinet, (4)Glove Storage, over Rear Entry Doors 1 Four glove dispenser over rear doom 07-DR-LX06 --Door.Overlay hinge, 3/8"Lexan-4-glove dispense thru 1 07-DR-LZ10 I--Hinges:Stainless Spring Loaded 07-HW-SX11 I--Round Pull Latch:Non-locking- Chrome Finish 1 11-X0-0010 I--Stowage rating label-Southco round latch 10 pounds applied each 1 07-ZZ-= -- `f 07-OA-0400 S < CURBSIDE REAR:Rear of SIB, Mods 1 Cabinet to be full height between squad bench and overhead cabinet and will open toward bench. Cabinet to come out to rear door jamb and will be 12" wide and will be open toward squad bench. 07-CB-DR00 I— Open Cabinet.No Door, Trim Opening 1 07-CB-DR03 -- Trim Type:J-Trim 1 07-RF-0002 --Interior Material and Color. To be Color Keyed Laminate 1 11-YZ-0907 < I--Non-Compliant to 3.11.3 J3058, cabinets shall not come open in transit 1 Item is not tested to J3058, or not rated. 07-CU-K103 S I— Cabinet L : (1) Opening with (3)A )aluminum shelves 1 07-TS-1200 I--Shelf Track:Small alum Unistrut type 1 07-OA-0608 S < 1—(3) Shelves, Adjustable.125"Aluminum, 2"upward Lip 3 Smooth Aluminum DA Finish With . lack Stampro on all Four Sides of Shelves (Reference 17ML 20173) 07-ZZ-= 1-- 1 07-LF-6401 S < LF Cabinet, Behind Att Seat. Cabinet"H%(Elec Cab) 1 NOTE: This Cabinet Will Face The Rear of the Truck 07-CA-VEN7 I-- Plastic Vent: (2) Total, 1 column x 8 row,Vent 01 1 07-DR-WDOE I-- Door, Single Solid Flush Fitted Electrical Area 1 07-CA-2100 1--TRIM: U-shaped Door, J-trim opening 1 07-DR-OR04 I--Hinge Orientation: RIGHT 1 07-HW-HIN1 I--Hinge: 1 1/2"Stainless Steel Piano Hinge 1 07-HW-SO04 < I--Lever Latch:Non-locking-Black Finish Non Storage areas, no rating 1 applied SAE Compliant latch, tested. No storage rating applied to this area. 07-ZZ-ZZZZ 1-- 1 07-RF-MD01 RF ALS Cabinet: 164 Medium Duty 1 07-RF-CADR I--Check the specified Walk through Door type (Station 5) 1 07-RF-1164 1--Cabinet 1-1: Standard 1 07-DR-LX24 I--Door: Single Flip Up 3/8" Lexan 1 07-HW-SO01 --Lever Latch:Non-locking-Black Finish 1 11-XO-0012 I--Stowage rating label-Black Lever latch 8 pounds applied each 1 07-ZZ-ZZZZ -- 1 07-RF-I1MD S < 1 Cabinet 1-2:34"High, Medium Duty 1 NOTE: Delete Separation From Center and Bottom Sections.Adjustable Shelves Will Be Above Fixed Shelf. Bottom Section Will be Accessed Through M7 Only. (See Drawing) 07-DR-WD13 S < I--Doors:Dual Flush Fitted 1 NOTE: Install Brass Grabbers at Bottom of Each Door Page 68 of 1055 08/20/2020 Pa a 20 PART NO S DESCRIPTIONCITY 07-CA-21AO I-- TRIM: U-shaped Door, J-trim opening, DBL DRS 1 07-DR-OR05 --Hinge Orientation:(1)RIGHT and(1)LEFT 1 07-HW-HIN1 --Hinge: 1112"Stainless Steel Piano Hinge 2 07-HW-SO02 --Lever Latch:Locking-Black Finish 2 11-XO-0012 I--Stowage rating label-Black Lever latch 8 pounds applied each 2 07-RA-IOA1 --Outside Access: Thru M-7 (RF) Compartment door. 1 07-RF-0001 I--Interior MICA Color: White cabinet liner 1 07-TS-1200 --Shelf Track:Small alum Unistrut type 1 07-CA-0608 S < —(2) Shelves:Adjustable, Ext .12 x"Aluminum 2" Upward Lips 2 NOTE: Adjustable Shelves to be Powder Coated White and to Have Rubber Mat and Star pro Installed on Each Shelf. Adjustable Shelves will be Located Above Fixed Shelf. 07-CA-0608 X < (1) Shelf:Fixed, Ext. .125"Alu ainu a "Upward Lips 1 NOTE: Shelf to be Powder Coated White and to Have Rubber Mat. Fixed Shelf Will be Mounted at the Top of the Recess for the Portable Suction and Portable 02 Storage. 07-RE-1300 S Cabinet- :DELETE 1 07-ZZ-= -- `f 07-ZZ-ZZZZ -- 1 07-RR-0064 S Right Rear Cabinet:NONE 1 07-ZZ-ZZZZ -- 1 07-SA-0000 1 07-SB-MD01 SQUAD BENCH: Medium Duty 1 07-SB-0001 I--See Upholstery Section for Post and Wheel Cup info 1 07-SB-1002 Bio-waste/Sharps No 1:Gray ABS Rim, Red Lexan Cover 1 07-SB-1003 I--LOCATION:At head of Squad Bench 1 07-SB-1004 I--SHARPS CONTAINER:3-Quart Bemis Container 1 07-SB-1005 I-- WASTE CONTAINER: 6 Quart 1 07-SB-1001 S Storage Cinder Lid 1 07-SB-LID2 S < --Squad Bench Lids:Split-2-section 1 NOTE: Rear Lid Fixed Over M5 Compartment 07-SB-LH00 I--Hinge, Squad Bench Lid(s):Butt Style Hinges 1 07-SB-LH03 I--Lid Checks:Gas shock, Dual Action 2 07-SB-LH07 --Latch, Squad Bench Lid:Slam Action Paddle, W keeper 2 11-XO-0030 I--Stowage rating label-Squad bench interior, entire area 80 lbs 2 07-TR-SB01 --Edge Trim, Lids:Band w/Laminate and J-Trim Protection 1 ZZ-ZZ-ZZZZ -- 1 08-MH-1400 < -- Restraint Net, Black, 7 point detachable, at head of S/B, Mod 1 Seven (7) NET Attachment Points: Black in color. NETS-MOD2 08-ZZ-ZZZZ -- 1 07-TC-0000 1 07-TC-6402 TOP CABINETS, -Med Std 1 07-TC-A642 S < I-- Cabinet -1:See Oraing 1 NOTE: Full Height Fixed Divider. Cabinet Configuration Changed Due to Action Area Moved Forward and Area Maximized. NOTE: Cabinet B1, B2, B3, B4 Will Need to Store (1) Medium Bin (7" H x 8 1/4" W x 14 3/4" D) On Each Side of Divider. 07-CB-DR28 S 1—Doors; Cabinet B-1 Secure Latch Restocking Sliding Window Top hinged 1 11-XO-0016 I--Stowage rating label Secure Latch Restocking Sliding Window 30 1 pounds applied 07-TC-B642 S < I-- Cabinet -2:See Oraing 1 NOTE: Full Height Fixed Divider. Cabinet Configuration Changed Due to Action Area Moved Forward and Area Maximized. NOTE: Cabinet B1, B2, B3, B4 Will Need to Store (1) Medium Bin (7" H x 8 1/4" W x 14 3/4" D) On Each Side of Divider. 07-CB-DR31 S —Doors; Cabinet B-2 Secure Latch Restocking Sliding Window Top hinged 1 Page 69 of 1055 08/20/2020 Paae-21 PART NO S DESCRIPTION QTY ll-XO-0016 I—Stowage rating label Secure Latch Restocking Sliding Window 30 1 pounds applied 07-ZZ-ZZZZ 1-- 1 07-WC-C641 S < I— Cabinet B-3:See Drawing 1 NOTE: Full Height Fixed Divider. Cabinet Configuration Changed Due to Action Area Moved Forward and Area Maximized. I NOTE: Cabinet B1, B2, B3, B4 Will Need to Store (1) Medium Bin (7" H x 8 1/4" W x '14 3/4" D) On Each Side of Divider. 07-CB-DR28 S I—Doors; Cabinet B-3 Secure Latch Restocking Sliding Window Top hinged 1 ll-XO-0016 I—Stowage rating label Secure Latch Restocking Sliding Window 30 1 pounds applied 07-ZZ-= 1 07-WC-0000 1 07-WC-6411 S WALL CABINET. No CPR Seatl No Telemetry Area 1 07-WC-AA01 S < IAction Area:Non Angled 1 NOTE: Maximize Action Area Space as Much as Possible. (See Drawing)Action Area Moved Forward From Original 07-WC-AA03 S < I-AIA: Satin Brushed Stainless (62 x7)Mica Finish, Complete Action Area 1 NOTE: Action Area Board and Surrounding Including the Counter to be Satin Brushed Stainless Mica ILOS.Action Area to be Straight Not Angled. 07-WC-AABD S I-Action Area Board: Satin Brushed Stainless (6257)Mica Finish No 6 for 1 content 07-ZZ-ZZZZ 1-- 1 07-WC-C641 S < I— Cabinet C: Custom 1 NOTE: Cabinet C Will Need to Store (1) Large Bin (7" H x 16 1/2"W x 14 3/4" D) or(2) Medium Bins (7" H x 8 1/4"W x 14 3/4" D) on Each Shelf 07-TS-1200 I—Shelf Track:Small alum Unistrut type 1 07-CA-0608 < 1—(2)Shelves:Adjustable mica over substrate with Alum Trim 1 (1) Each side of Divider 07-CB-DR35 < I—Doors; Cabinet C Secure Latch Restocking Sliding Window Left Side 1 Hinged Left Side hinged, Damper assist. (1)WIND-CFBD custom sized ll-XO-0016 I—Stowage rating label Secure Latch Restocking Sliding Window 30 1 pounds applied 07-RF-0007 I-No Inside Access to Exterior Compartment 1 07-ZZ-ZZZZ 1-- 1 07-WC-D641 S < I-- Cabinet D: Custom 1 NOTE: Cabinet C Will Need to Store (1) Large Bin (7" H x 16 1/2"W x 14 3/4" D) or(2) Medium Bins (7" H x 8 1/4"W x 14 3/4" D) on Each Shelf 07-TS-1200 I—Shelf Track:Small alum Unistrut type 1 07-CA-0608 < 1—(2)Shelves:Adjustable mica over substrate with Alum Trim 1 (1) Each side of Divider 07-CB-DR35 S < I-Doors; Cabinet D Secure Latch Restocking Sliding Window Left Side 1 Hinged Left Side hinged, Damper assist. (1)WIND-CFBD custom sized ll-XO-0016 I—Stowage rating label Secure Latch Restocking Sliding Window 30 1 pounds applied 07-ZZ-= 1-- 1 07-WC-E642 S < I-- Cabinet E:Rear of Cabinet C Below Fridge 1 Cabinet E to STore (1) Large Bin (7" H x 16 1/2"W x 14 3/4" D) 07-DR-LX23 S I—Doors, Double, Overlay Hinged Left, 318"Lexan-SM 1 07HW-SO01 I—Lever Latch:Non-locking-Black Finish 1 Page 70 of 1055 08/20/2020 Pa a 22 PART NO S DESCRIPTIONQTY 11-XO-0012 --Stowage rating label-Black Lever latch 8 pounds applied each 1 07-HW-HIN1 S '-_Hinge:Reel Torque 1 07-ZZ-ZZZZ -- 1 07-WC-F641 S Cabinet F. DELETE 1 07-ZZ-ZZZZ 1-- 1 07-WC-0101 S Cabinet 01:DELETE 1 07-WC-TA01 S Telemetry Area:DELETE 1 08-SE-1702 -- P4-4-Point PER4MAX Restraint System-with replacement indicator W/CPR 1 08-5E-1847 XS < ..-(3)Per4max above Squad Bench, (0)Per4Max above CFR Side Seat Black 1 Belts Belt retractors can mount above the seat level, 08-SE-SB70 --SIB:(3)Sec patient restraints-9"Sleeves Face of Bench 1 08-SE-SB76 --SIB:(3)Sec patient restraints-5"Sleeves By Hinge `f 00-20-0072 -- Per4Max Four-Point Seatbelts: Accept and Install Full Feature 1 07-ZZ-ZZZZ 1 CABINET SET-CELL 4-MOD 1 08-00-00CF Sub Floor, 3/4"Composite, ILOS 1 08-0 -E3 Flooring:Lonplate-#161 Metallic Gray 1 08-00-FL01 S ..,.Flooring Main Edge: x"Recessed(112"deep)roll-up IL OS 1 08-AS-0003 --Rear Threshold, Covered with Black Speedliner, 6" W x Full W at rear doors 1 08-AS-0006 -- CIS Stepwell Threshold, Polished Diamond Plate 1 ZZ-ZZ-ZZZZ -- 1 08-ZZ-ZZZZ -- `f 08-CS-0001 COT MOUNT HARDWARE: (Full Size Mod) 1 08-CR-0 PL < I-- Cot Mount.Stryker, No 6390, Power Load,Installed 1 Not Compatible with cots other than Stryker! This item priced for Domestic USA usage only. >>> Caution, Power load head consumes floor space toward attendant seat. Spacing review between seat and cot is recommended. >> 08-CR-09SM --No Bolt On Stryker Antler Required. 1 08-CR-1002 < -- 12v power feed location FRONT for Stryker power load 6390 1 The 12 volt feed will be drilled and fed through the template FRONT hole for a Stryker power load system. The 12volt power shall be brought through the floor, with Heat shrink connectors installed. 08-CS-OOP < I-- Cot Position No 1:PRIMARY SIDE POSITION ONLY 1 Maintain 12" between Cot and S/B. 08-CS-2000 < I--Primary Cot position under floor reinforcement 1 Install 8 inch wide by 5 long 1/2" aluminum reinforcement at primary cot position. (Primary cot position only- REV Std) **If custom location is desired, must be specified below. 08-CS-3009 -- Cot mount setup for.Stryker Power-Pro 6506 1 08-CS-19A5 -- Cot Stop, Block.Stryker Power/Performance load.Install hook with kit 1 08-CS-19U1 --Q Straint System: NONE 1 08-OS-04ST S < OXYGEN/AIR/VACUUM System: 1 NOTE: Delete 02 Alarms and Switches in Switch Panels 08-OS-0401 --Oxygen Outlet No 1: Amico Console-Ohmeda/Ohio Diamond Style 1 08-OS-040A I--LOCATION: Action Area 1 08-OS-0402 --Oxygen Outlet No 2: Amico Console-Ohmeda/Ohio Diamond Style 1 08-OS-0401 S < I--LOCATION: Curbside Wall, over the head of the SIB 1 NOTE: Under Cabinet K As Long As It Does Not Interfere With Head Strike Zone 08-OS-0403 -- Oxygen Outlet No 3:Amico Console- Ohmeda/Ohio Diamond Style 1 08-OS-040C --LOCATION: Center Pad of Liner Panel, Over Head/Chest 1 08-ZZ-ZZZZ -- 1 08-OS-0525 < --Rack No 1:Zico QR-OTS-ML, 15 1/2"wide Switch on wall, Motor Left M-Cyl 1 Lift Make sure Oxygen Hose is long enough for lift to be fully deployed. QR-OTS-ML LIFT-02 Page 71 of 1055 08/20/2020 Pa a 23 PART NO S DESCRIPTIONQTY Compliant to SAE J3043, August 8, 2017. 08-OS-0752 < I--Activation, Zico 02 Lift, Door Mounted 1 Mounted on compartment inner door panel 08-OS-0810 -- Oxygen Hose Retractor:Hubbell Tool Balancer 1 08-OS-11G1 < -- Cylinder Type: OXYGEN- Green Colored Hose 1 Regulator connection Nut: 9/101" RH thread. 08-OS-1323 S RackLocation: -1(t.E), Wall#2 Forward of Divider 1 08-OS-1712 < --Regulator, Oxygen:Has LX1 Transducer,Inspected and Installed 1 Installed on 02 line for pressure test, Regulator and Transducer connected and left installed on Oxygen [rose. Tagged with Inspector signature/Date Protected for shipment and left on the [rose, Plastic restraint tie to the oxygen bracket for shipment Required under Change notice 11, July 1, 2018 . 08-OS-1902 --Regulator Wrench:Cast aluminum, OXYGEN w/cable lanyard 1 ZZ-ZZ-ZZZZ -- 1 08-OS-35ST S < -- Vacuum System:SSCOR regulator/gauge panel in AIA 1 NOTE: (1) ON/OFF Button/Icon in the Rear Switch Panel Display 08-OS-3501 < I-- Collection Canister w Clip:Bemis, 1200 CC Capacity-J3043 retention 1 compliant LOCATION: In Action Area, to the left of A/A console box. with SSCOR canister retention clip 08-OS-3100 -- Vacuum Outlet No 1:Amico- Ohio Style 1 08-OS-040A --LOCATION:Action Area 1 08-OS-3115 < --Adapter, Vacuum Outlet:w/Suction system 1 ADAP-03 SHIP LOOSE ADAP-03 suction plug adapter with barbed fitting >> requires an updated note in the SHIP LOOSE SECTION << 08-OS-3503 --Vacuum Pump: 49 State 1 08-OS- 58 I--Location:M-1a Compartment 1 08-OS-35VN -- PORTABLE SUCTION UNIT : NONE 1 08-ZZ-ZZZZ 1 S < TRIM/DOOR ASSEMBLY- CELL 5 1 NOTE: Make Cover From Bottom of ALS to Top of M7 Compartment Out of Diamond Plate Material on Compartment Side. The Section That Separates the ALS from the Compartment(Reference 17ML 20173) 09-00-001A --Soft Touch Trim Kit: None 1 09-00-002S -- Interior window and aluminum trim with standard satin finish-std 1 09-00-0001 1 09-00-0002 ****************DOOR DEPARTMENT- Full Mod****************** 1 02-BT-C853 S < I—Handles, Ext: Tri-mark 030-1875, Free Moat, Black finish 1 Keyed 2002 02-BT-C85A < I--Interior Release:All Entry Doors, with bezel Emergency Access 1 All three Entry Doors, top and bottom latches. Bezel installed around emergency release. 09-MH-253N N I--Rear Entry Assist Handle not required 1 09-B1-ED00 Entry Door Panels, Windows and Hardware 1 08-MH-0020 I--Interior Grab Handle Color: Yellow Antimicrobial 1 08-MH-0318 < I--Grab Handle, CS Entry:(1)3-pt"L"Shaped 90, Yellow Antimicrobial New 1 5-12-16 Install CS door handle after cabinet installation. Close the doors and check for pinch points or cabinet interference. Page 72 of 1055 08/20/2020 Pa a 24 PART NO S DESCRIPTIONCITY 08- N-03E8 -- Grab Handles, Rear Access:(2)3-pt"L"Shaped 90, Yellow Antimicrobial 1 09-MH-2205 XS < - Crab Handle, (2), Black,Ailegis Corp. (#9101228 2 Located : (1) on C/S and (1) on SIS Inside Rear Access Doors 09-AS-2300 S < I—Door Panels:Mica Upped Stainlessyl Smooth Aluminum Lower 1 The mica will be laminated to smooth aluminum.Lower Panels will not be DA Sanded. 09-AS-2520 S ..- Curbside Lower Door Panel:Smooth Aluminum 1 09-E1-23C1 < I--Single Color Engraved LOGO:(3)Entry Doors, Customer Logo, requires 1 clear image Single color Engraved onto panel, Back side lighted with LED lighting. ENG >to AEV engraving dept 09-WI-0200 UPPER Windows:RA Doors, Fold Out Tinted Glass 17.3"Wx 19.3"H 1 09-WI-0601 UPPER Window: CS Access, Fold Out Glass, std tint ILOS 1 09- R• 01 S < Walk throughlTalk Through:NONE DELETE 1 NOTE: Solid Bulkhead No Window and No Door 09-FM-1093 Dri-Dek Compt Floors and shelves, Black 1 09-177-11 PO --Dri-Dek EDGES:Black, Beveled frontal edges 1 ZZ-ZZ-ZZZZ -- 1 07-ZZ-ZZZZ -- 1 09-ZZ-ZZZZ 1 ELECTRICAL Point to Point-CELL 6 1 05-EL-4962 S < Light, Kinequip 4402065 4", stainless surface mount lousing Addifiional 1 Location: Above Electrical Cabinet in Center Pad to Work With Timer and Dome Lights on High 06-EC-1390IV Warmer No 1: NONE 1 06-EC-1419IV Warmer No2 None required 1 10-00-0001 S < RIS EXHAUST FAN IVENT 1 NOTE: Exhaust Vent to be Installed on Upper CIS Rear Wall. Fan to Have Three Speed Switch (Hi-Med-Low)In Rear LX-1 Switch Panel 10-EC-2700 S < I--Refrigerator, Norcold 1.7 Cu Ft, 12VDC/125VAC, 1 NOTE: Fridge Door to Hinge Left 06-EC-4200 S < I--Fan, Pancake, 12V, EACH 1 NOTE: Install a Pan Cake Fan To Help Move Air From Norcold Fridge 10-EC-3200 S '-_Location:Rear of Cabinet -1 (See Drawing) 1 11-YZ-0907 < --Non-Compliant to 3.11.3 J3058, cabinets shall not come open in transit 1 Item is not tested to J3058, or not rated. ll-ZZ-0903 < I-- CARS Exception to C.11.3 Storage Compartments and Cabinets Design 1 An Exception has been taken to one of the following conditions; C.11.3. subpart 4 [:doors shall have positively locked latches that are designed to remain closed during transports. 10-IL-02ST Action Area Light: 12V, LED, Surface Mount 1 10-IL-02L7 I--Light Location:Action Area 1 10-IL-035T S Extended Action Area Light: 12V, LED, Surface Mount 1 10-IL-02L9 S I--Light Location:Bottom of Cabinet B-2 1 10-ZZ-= S 02 Viewing Window to be Installed In Front Pace of AIA Wall f#3(See Drawing) 1 UPHOLSTERY-CELL 7 1 11-00-UB95 < Upholstery Color.Black(Black) UPHO-6905 1 UPHO-6905 11-00-UC11 -- Center Trough Upholstery Color.Color Key to Rest of Truck 1 ZZ-ZZ-ZZZZ -- 1 Page 73 of 1055 08/20/2020 Pa a 25 PART NO S DESCRIPTIONQTY 11-00-UT05 p cin ype: acuum orme - eam ess 1 11-SB-0005 Squad Bench seat cushion cut-outs: None 1 11-SB-0003 I-- Post And Wheel Cups: NONE 1 11-SE-CSPD Head Protection: Pad over CS Entry Door 1 11-SE-REPD Head Protection: 2" Pad over Rear Access Doors, Full Width 1 < PAINT-STRIPES-DECALS 1 Console Speed Lined Black NOTE: DRIP RAILS TO BE PAINTED RED TO MATCH BODY COLOR 12-PT-UNCT I-- Undercoating : Per QVM Guidelines, STD 1 12-DC-0001 Reflective Tape: On painted edges of Exterior Door Frame 1 12-DC-GAl0 Compartment Finish: Diamond Plate Standard 1 12-PT-0100 S Primary(Over ll) Color. KEN3013 1 12-DC-0002 < I--Flip Step Reflective/Prismatic Tape:Red/White/R/W/R/W/R `f Install on rearward facing edge of flip up step at rear module entry. REV Tape-RS 12-PT-0112 -- Tape Stripe:NONE(KKK-F Deviation) 1 11-YZ-0962 --Non-Compliant toKKK-F 3.16.2;Exterior Safety stripe to be Orange 1 12-PT-0600 --Paint Belt:NONE 1 12-PT-1000 S < I—Fin Stripe:Black Reflective In "C" Channel Skirt Rails 1 NOTE: Install Black Reflective Stripe In "C" Channel Skirt Rails 12-ZZ-= 1-- `f 12-PT-RF01 < I--Roof Paint: Color and finish quality to be GLOSSY 1 The roof shall be painted,with a glossy finish, but not sanded and buffed. ZZ-ZZ-zzzz 1-- 1 12-PT-1301 Special Striping: Chevron Items: NONE 1 12-PT-2000 Lettering: NONE 1 12-ZZ-ZZZZ 1-- 1 12-PT- RIS S < Drip Rails:Bright Alum, De-burred&rounded corners(SHIPPED LOOSE) 1 Include a drip rail over the C/S Entry Door shipped loose. Add Shop Note to Shipped Loose Section of W/O NOTE: Add a Drip Rail to the M4 Compartment With Rivets NOTE: DRIP RAILS TO BE PAINTED RED TO MATCH BODY COLOR 12-ZZ-ZZZZ 1 DETAIL -SHIP LOOSE ITEMS 1 12-PT-DRIZ S < Drip Rails:Detail-Refer to Paint Section for Drip Rail Information (Ship 1 Loose) Include a drip rail over the C/S Entry Door. NOTE: Add a Drip Rail to the M4 Compartment With Rivets NOTE: DRIP RAILS TO BE PAINTED RED TO MATCH BODY COLOR 13-00-0200 1--*Check front of W/O under chassis section for Add' items* 1 13-10-XM00 I--Owner's Manual USB Flash Drive ship loose 1 13-10-XMAO I-- Printed Owner's Manual Not Required 1 34-OS-1400 I--Amico 02 Minder, Transducer: NONE 1 13-00-0001 S < ( )Placard Holder, 12"x 12", with Placards Top Load,Aluminum "U" Trim style 1 SHIP LOOSE 13-GL-0000 Glove Holder, Ship Loose: NONE 1 13-KK-KDEC Decals: KKK/DOT Pkg, Blue/White reflective-Ship Loose 1 13-RF-STAS I-- Decals: 32"Star of Life-Ship Loose 1 13-KK-NSSB Decals: NO SMOKING &SEATBELT, installed, cab& pt. area. 1 13-KL-0010 AEV Logos: Installed on unit per AEV standard locations 1 Page 74 of 1055 08/20/2020 Pa a 26 PART NO S DESCRIPTIONQTY 13-MH-05ST < Fire Extinguisher, 5 pound, shipped loose, Std 1 Part No: EXTI-01 11-ZZ-0932 < I-- Exception to C.16.1 1 Required Two fire extinguishers installed by FSAM 1 Fire extinguishers were not installed iwth one in the driver's cab, one in the patient compartment at the time of departure from the final stage Ambulance Manufacturer. 13-MH-10AO Reflector Pkg: Body-2ea, Side Fr Amber, Side Rear Red, Rear Red 1 13-OX-1702 Regulator, Oxygen: Has LX1 Transducer Ship loose 1 11-YZ-0911 1-- Non-Compliant to 3.12 Change notice 11, Oxygen regulator not installed 1 13-SB-0003 Post And Wheel Cups: NONE 1 13-SP-TIRE Spare Tire: Refer To Chassis Section to See if it gets one. 1 34-XX-0001 Primary Cot: NONE included 1 34-XX-0002 Secondary Stretcher: NONE included 1 34-XX-5000 < Indemnification Statement 1 The purchaser agrees to defend, indemnify and hold REV harmless from any claims, costs (including actual attorneys' fees), damages and liabilities caused in whole or in part by any alteration or modification of, or changes or additions to the Purchased Products OR use of product for purposes it was not designed or intended for. _= 164-172 x 95 T-9 Base 430OLP- 15.012 01/30/20== 1 GENERAL CONVERSION 1 03-07-004P 5 2021 104"Medium Duty Tf pe 9 Intem tion l V-607(2020�SA Conv F " ) 1 36-AA-0001 WORK ORDER STATUS: 1 00-90-0301 -- For Confirmation 1 36-CO-0001 --CHANGE ORDER POLICY 1 36-CO-0010 < I--After Confirmation, Prior to Engineering 1 Change Fee is $50 Per Item, Plus Option Cost 36-CO-0020 < I--After Confirmation,After Engineering Start 1 Change Fee is $100 Per Item, Plus 150% Option Cost Special order or non-stocking parts that are purchased for any ordered option that is subsequently deleted will be charged for and shipped loose. 36-CO-0030 < I--After Confirmation,After Production Start 1 Change Fee is $100 Per Item, Plus 200% Option Cost Special order or non-stocking parts that are purchased for any ordered option that is subsequently deleted will be charged for and shipped loose. 36-EO-0001 --***END OF ORDER... 1 Page 75 of 1055 6.B. Consent Agenda 9/15/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 9/15/2020 Requested Action by Commission: Authorize the Finance Department to reduce the Allowance for Uncollectible Account and the Accounts Receivable Accounts by $167,551.62 on 1,204 customers. The amount includes small balances less than $25.00. This amount consists of unpaid Utility and Solid Waste billings, miscellaneous charges (late fees, penalties, service adjustments), taxes and other adjustments, that have been in collections over one year prior to September, 2019, the occurrence of the last write-off, through November, 2017 final accounts with balances. The period is defined as November, 2017 through September, 2019. Explanation of Request: The Utility has developed processes and procedures to minimize unpaid utility bills. Shut-off for non- payment is the initial action. Payment plans are offered for customers with balances and circumstances. Tenant accounts are monitored for shut off for non-payment and vacancy and are placed in owner's name, if not already, within 75 days of tenant non-payment. The majority of the write-off balance is a result of bankruptcies, commercial tenant accounts, residential tenant accounts and small balances. The $167,551.62 involves 1,204 customer accounts closed from November, 2017 through September, 2019. The write-off is a financial process and does not erase the debt from an individual or a property. The City, during account transition, collects any written-off debt that is possible, whether it is a property transaction with owner debt; or, if a "tenant" attempts to open a utility account with the city, past debt is presented for payment/collection before a new account can be established. With assistance from the City Clerk's office, the lien search process that is standard for real estate transactions has been streamlined to identify debt and is defensible in collection of owner debt. The City is required to establish an amount for the allowance for uncollectible accounts annually based on overall outstanding receivables both in utility and sanitation funds. By establishing that allowance annually this write-off request will have no impact on the City's financial statements. Liens are placed on properties with large owner debt. Ownership is verified and the majority of properties are sitting vacant, these accounts are not included in the write-off. The properties are being billed for services, and the balances are collected at the time of sale. During the period of November, 2017 and September, 2019, the City billed approximately$95 million in charges for Utility and Solid Waste fees. The amount being requested to be written off comprises just over .0001 percent (.01%) of the total amount billed during that period for water, sewer, storm water and refuse. Attached, is a schedule of amounts per service type to be written off, a computer generated report will be available once the system actually writes off the accounts. Action Date Amount Percent of Revenue Account time frame FY 11/12 $755.213.93 0.67% October 2009- March 2012 Page 76 of 1055 FY 13/14 $319,917.85 0.52% April 2012-August 2013 FY 14/15 $293,496.35 0.39% January 2013-June 2014 FY 15/16 & 16/17 $481,791.17 0.03% June 2014 - November 2017 Y 17/18 & FY 18/19 167,551.6 % November, 2017— e to e r, 2019 How will this affect city programs or services? Proper accounting adjustments help the City maintain a sustainable budgetary process. Fiscal Impact: There is no fiscal impact to the budget process since this amount has already been accounted for in the Allowance for Uncollectible Accounts on the financial statements. Since the debt stays "on the books" some of it will be collected limiting the impact to all customers. Alternatives: Continue to carry the unpaid accounts in the Accounts Receivable Accounts and the Allowance of Uncollectible Accounts. Strategic Plan: Strategic Plan Application: Climate Action: Climate Action Discussion: Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Attachment Schedule of amounts per service type Page 77 of 1055 � I I 1 I I I I I � W 1 i I I I I P4 I I 1 I I I I I I I I I I I I � I I I 1 I I I I � I � I I I I � I I I I I I I I I V' LO Q I I � 4— I O co I I I I I I I I I I I I ^ I LL I I I I I I I I Fq F I N N I F J I M M 001 rn m F I lD lD I I ID LID I I I I I I I I I a I I O U] (4 au I zl z w ((H I O O O i O FH F EU1 H I Uz 101 W O I aH I I aE I 1 OU UW I I a I I a I 1 0 U I I I � I I a I F01 N N 1 0 El I E C7 I H Z 1 I UI I I I I I I i1 I 1 # I I # U) I W I 1 ul H I a F I I r.G I 0 H I r>-U1 1 F c FI 1 L2 p I z 1 G4 W 1 W + a U 1 C7 1 O H U 1 r.G 1 W F 1 F o W I z I H pq 1 p 1 P4' N I H I $ \ z I E I H hq0 I U I W. M N F I W I O co N a I E01 O I 5+ QPQ 1 U I q Q 1 1 FC W W1 W O I a P4 U' >+ WOE1 a a H 1 N P+U 1 LO LO 0 4- 0 rn ti a� c� a 6LZR9$ m ot"wzIrts ms 1S gz'69C$ vis SZ's96`ZZ& =III IVI SHO 301AHgS 3dJU awma Aq suQl Allo 6.C. Consent Agenda 9/15/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 9/15/2020 Requested Action by Commission: Approve the one-year extension for RFPs/Bids and/or piggybacks for the procurement of services and/or commodities as described in the written report for September 15, 2020-"Request for Extensions and/or Piggybacks." Explanation of Request: EXPLANATION OF REQUEST: As required, the Finance/Procurement Department submits requests for award to the Commission; requests for approval to enter into contracts and agreements as the result of formal solicitations; and to piggy-back governmental contracts. Options to extend or renew are noted in the"Agenda Request Item"presented to Commission as part of the initial approval process. Procurement seeks to provide an accurate and efficient method to keep the Commission informed of pending renewals and the anticipated expenditure by reducing the paperwork of processing each renewal and/or extension individually and summarizing the information in a monthly report(as required). VENDOR(S) DESCRIPTION OF SOLICITATION RENEWAL AMOUNT SOLICITATION NUMBER TERM Tanner Industries Piggyback City of 2019-100 October 1, 2020 $35,000 Stuart to September 30, 2021 Jacobs Engineering City of Boynton Beach 023-2821-18/IT September 10, Task Orders as Group Inc. RFQ 2020 to needed September 9, 2021 Mullings Engineering Southeast FL 033-2730-18/IT October 1, 2020 $7,500 Services, Inc.; Governmental to September 30, Odums Sod Inc.; Purchasing Cooperative 2021 Sunset Sod Inc. Bid with City of Boynton Beach as Lead Agency Advance Generator City of Boynton Beach 066-2821-15/J MA October 6, 2020 $95,000 Sales and Service, Bid until new bid I nc. award. Gentile, Glas, City of Boynton Beach 046-2821-17/TP August 20, 2020 As needed. Holloway, RFQ to August 19, O'Mahoney& 2021 Associates; Baxter& As needed Woodman, Inc. September 7, AECOM Technical 2020 to Services September 6, 2021 Anzco, Inc.; City of Boynton Beach RFQ 018-2511-18/IT August 20, 2020 Task Orders as Creative Contracting RFQ and R18-104 until new RFQ required. Group award. and Republic Construction Corp. ------------ How will this affect city programs or services? This renewal report will be used for those solicitations, contracts/agreements and piggy- backs that are renewed/extended with the same terms and conditions and pricing as the initial award. Fiscal Impact: Budgeted Funds have been budgeted under line items as noted on the attached report. Alternatives: Not approve renewals and require new solicitations to be issued. Page 80 of 1055 Strategic Plan: Strategic Plan Application: Climate Action: Climate Action Discussion: Isthis ogrant? wo Grant Amount: ATTACHMENTS: Type Description D Addendum REQUEST FOR BID EXTENSIONS Q-15-2O2O D Addendum Advance Generator Contract extension agreement D Addendum AnzooAgreement Q.3.2O D Addendum City ofStuart Chemicals contract through 2O21 D Addendum Creative Agreement Q-3-2O2O D Addendum Jacobs Agreement toextend Q-2-2O2O D Addendum Mullings Engineering Renewal 2O2O-2O21 � Addendum CdumsSod Renewal 2O2O-2O21 � Addendum R18-104 Minor Construction Servoea o Addendum SIGNED Letter 2GH02020-2021 o Addendum SIGNED Letter AECOM D Addendum SIGNED Letter Baker&Woodman D Addendum Sunset Sod Renewal 2020-2021 D Addendum Tanner Agreement 9-2-2020 D Addendum Republic CC Agreement Acceptance Page 81Of1055 CITY OF BOYNTON BEACH REQUESTS FOR BID EXTENSIONS AND PIGGY-BACKS UNDER $100,000 SEPTEMBER 15, 2020 REQUESTING DEPARTMENT.- Utilities DEPARTMENT CONTACT:Juan Guevarez TERM: October 1, 2020 to September 30, 2021 SOURCE FOR PURCHASE:Piggyback the City of Stuart Bid 2019-100 ACCOUNT NUMBER:401-2811-536-52-35 VENDOR(S): Tanner Industries, Inc. ANNUAL ESTIMATED EXPENDITURE:$35,000 DESCRIPTION: Ammonia is critical to the water treatment process as it is combined with sodium hypochlorite to form chloramines which kill bacteria in the water. The City of Stuart issued a bid for"Chemicals for Water Treatment", ITB No. 2019-100. On July 13, 2020, the City Commission of Stuart extended the bid for an additional year with the same terms, conditions and pricing. Tanner Industries has allowed the City of Boynton Beach to continue to piggyback this bid for an additional one- year term. REQUESTING DEPARTMENT.- Utilities DEPARTMENT CONTACT:Michael Low TERM: September 10, 2020 to September 9, 2021 SOURCE FOR PURCHASE: RFQ No. 023-2821-1811T A CCO UNT NUMBER:401-2821-536-49-17 VENDOR(S):Jacobs Engineering Group, Inc. ANNUAL ESTIMATED EXPENDITURE:As needed. DESCRIPTION: The original term of the contract to perform Hydrogeological Consulting Services by way of individual task orders was two years through September 9, 2020. Utilities has need of certified Hydrogeologists for support in the areas of Aquifer Storage and Recovery Wells;Deep Injection Well, Landfill and ground water monitoring. The contract provided with the ability to extend for three additional one-year renewals. September 10, 2020 through September 9, 2021 is the first one- year renewal. REQUESTING DEPARTMENT.- Public Works DEPARTMENT CONTACT:Matthew Doyle TERM: October 1, 2020 to September 30, 2021 SOURCE FOR PURCHASE:Bid No. 033-2730-1811T ACCOUNT NUMBER: 001-2730-572-4698 VENDOR(S):Mullings Engineering Services, Inc.; Odums Sod Inc.; Sunset Sod Inc. ANNUAL ESTIMATED EXPENDITURE:$7,500 DESCRIPTION: This bid is for sod and sod installation and is a Southeast Florida Governmental Purchasing Cooperative Bid with 24 additional municipalities participating in the bid and the City of Boynton Beach as lead agency. This bid was for one year with the option for three (3) one year renewals. This request is for the second one-year renewal. REQUESTING DEPARTMENT. Utilities DEPARTMENT CONTACT: Tremaine Johnson TERM: October 6, 2020 until a new bid has been awarded. SOURCE FOR PURCHASE:Bid No. 066-2821-151JMA ACCOUNT NUMBERS:401-2821-536-46-20;401-2815-536-46-20;401-2816-536-46-20;401-2824-536-46-20 VENDOR(S):Advance Generator Sales and Service, Inc. ANNUAL ESTIMATED EXPENDITURE: $95,000 DESCRIPTION: Advance Generator Sales and Service was the awarded vendor and has been repairing and maintaining the City's generators, and by-pass pumps which are necessary for the City's emergency back-up equipment for the past five years. The current bid extension expires October 5t'' and Advance Generator will continue to maintain and repair the equipment with the same terms, conditions and pricing until a new bid is issued and awarded. REQUESTING DEPARTMENT. Utilities and Engineering DEPARTMENT CONTACT: Taralyn Pratt and Gary Dunmyer TERMS:August 20, 2020 to August 19, 2021 for Gentile, Glas Holloway, O'Mahoney&Associates and Baxter& Woodman, Inc.; September 7, 2020 to September 6, 2021 for AECOM Technical Services, Inc. SOURCE FOR PURCHASE:RFQ No. 046-2821-17ITP ACCOUNT NUMBERS:Multiple by Department VENDOR(S): Gentile, Glas, Holloway, O'Mahoney&Associates; Baxter& Woodman, Inc, and AECOM ANNUAL ESTIMATED EXPENDITURE:As needed. DESCRIPTION: The City of Boynton Beach solicited proposals for qualifications for General Consulting Services per Section 287.055, the Florida Statutes, the Consultants'Competitive Negotiation Act(CCNA). The City established five (5) Categories and multiple firms were selected to satisfy the consultant engineering and architectural needs of the City. Work is performed by individual Task Order as required. The initial term of the contracts has expired and the three firms have agreed to extend the contract for an additional one-year term as noted above. REQUESTING DEPARTMENT. Public Works DEPARTMENT CONTACT:Andrew Mack and Gail Mootz TERM:August 20, 2020 until a new RFQ is awarded SOURCE FOR PURCHASE: RFQ 018-2511-1811T and R18-104 ACCOUNT NUMBER:Multiple Accounts VENDOR(S):Anzco, Inc.; Creative Contracting Group; and Republic Construction Corp. ANNUAL ESTIMATED EXPENDITURE:Individual projects under$75,000 as required. DESCRIPTION: In 2018, the City of Boynton Beach issued a Request for Qualifications to establish a pre-qualified list of contractors to perform minor construction services and authorize the City Manager to award individual projects not exceeding$75,000. These projects may include building repairs, upgrades and improvements as necessary at various City sites. Public Works has requested that a new RFQ be issued for these services and the current listed vendors have agreed to extend their agreements until a new RFQ is awarded. The City of Boynton Beach Finance/procurement.Services P.O. Box 310 Baynton Beach,Florida 33425-0310 Telephone No:(561) 742-6310 FAX:(561)742-6. 16 September 2, 2020 Advance Generator Sales and Service, Inc. 12351 59th Street North Royal Palm Beach, FL 33411 ATTN.- Richard and Mary Cordis VIA EMAIL_ &qyqqqeqgngtt.net RE: DIESELIPROPANE GENERATOR AND BY-PASS PUMP MAINTENANCE AND REPAIR Bid No.: 066-2821-151JMA CURRENT CONTRACT PERIOD: October 6, 2019 to October S, 2020 Dear Mr. and Mrs. Cordis.- The ordis:The last renewal period for the current bid ends October 5, 2020. The City will be issuing a new bid as soon as possible, but will not have an awarded vendor before the current bid renewal term expires on October 5, 2020. We are requesting that you extend the current bid renewal term until a new bid is in place_ We are moping that you will submit a proposal in response to this bid solicitation. Please indicate your response on the following page and return it to Procurement Services at your earliest convenience. If you should have any questions, please do not hesitate to call Julianne Alibrandi at (561) 742-6308 or email to aIjbr@n0ijP_0bfl.us. Thank you for your consideration. Sincerely, Randy Wood, CPPB Purchasing Manager C: Tremaine Johnson, Manager for Field Operations Taralyn Pratt.. Contract Coordinator Melissa Roberts, Admin Assistant File Ameazca's Gateway to the Gulfstream Page 84 of 1055 The City of Boynton Beach FinancefProcurement Services P.G.Box 310 Boynton Beach,Florida 33425-0310 Telephone No:(562)742-6310 0 FMX:(561) 742-6326 September 2, 2020 RE: DIESEUPROPANE GENERATOR AND BY-PASS PUMP MAINTENANCE AND REPAIR Bid No.: 066-2821-151JMA Agreement between the City of Boynton Beach and ADVANCE GENERATOR SALES AND SERVICE, INC. Contract Extension Period: OCTOBER 6, 2020 until a new bid award is in place. Yes, I agree to extend the existing bid under the same terms, conditions, and prices until the new bid award is in place. No, 1 do not wish to extend the contract for the following reason(s) ADVANCE GENERATOR SALES&SERVICE, INC. , NAME OF COMPANY GNATUR NAME OF REPRESENTATIVE TITLE (please print) DATE (AREA CODE) TELEPHONE NUMBER E-mail: r^I U'A a&-t l 7-1 I+ Amenca's Gateway to the Gulfstream Page 85 of 1055 The City of Boynton ea Boyn r�Eu,•r,r�6�tj� �� FAX.i 1669 b,742-(6316 September 3, 2020 John Zak, President Anzco, Inc. VIA EMAIL TRANSMITTAL TO: izak cx anzcoinc.com RFQ: MINOR CONSTRUCTION SERVICES RFQ No.: 018-2511-18/1T CURRENT AGREEMENT TERM: AUGUST 20, 2019—AUGUST 19, 2020 Dear Mr. Zak: The current agreement term for the "MINOR CONSTRUCTION SERVICES" expired on August 19, 2020. The City of Boynton Beach plans to issue a new solicitation - `RFQ for Minor Construction Services". Until this new RFQ is issued and awarded, we would like to extend your Agreement with the City of Boynton Beach until the new awards are Commission approved. Please indicate your response on the following page and return it to Procurement Services via email to alibrandii@bbfl.us at your earliest convenience. If you should have any questions, please do not hesitate to call Julie Alibrandi, Sr. Buyer at (561) 742-6308. Sincerely, m� Randy Wood, CPPB Purchasing Manager cc: Andrew Mack, Director of Public Works & Engineering, Gail Mootz, Project Supervisor, Public Works File America's Gateway to the Gulf Stream Page 86 of 1055 City Boynton ea FAX. f869k.W42-5316 September 3, 2020 RFQ: MINOR CONSTRUCTION SERVICES RFQ No.: 018-2511-18/IT Agreement between the City of Boynton Beach and Anzco, Inc. AGREEMENT RENEWAL TERM: AUGUST 20, 2020 UNTIL ANEW RFQ/S AWARDED. Yes, I agree to renew the existing agreement under the same terms, and conditions until a new RFQ is awarded. No, I do not wish to extend the agreement for the following reason(s) Anzco, Inc. NAME OF COMPANY SIGN RE NAME OF REPRESENTATIVE TITLE (please print) /- DATE (AREA CODE) TELEPHONE NUMBER Vk 0 AU ZC0 " _ cz� E-MAIL America's Gateway to the Gulf Stream Page 87 of 1055 BEFORE THE CITE` COMMISSION CITY Y O STUART,T ALORI A RESOLUTION NUMBER 79-2020 A RESOLUTION OF THE CITY COMMISSION I4 THE CI'T'Y . STUART, FLORIDA `L` RENEW ITB NO. 2019-1,00, CHEMICALS OR WATER TREATMENT PLANT/WATER RECLAMATION FACILITY ON A "`AS NEEDED" ASIS, FORT 2"' and FINAL RENEWAL PERIOD T111 UGH SEPTEMBER 30, 2021 TO THE FOLLOWING WING I+IIS 'S, PROVIDING AN EFFECTIVE IVE DAT AND FOR OTHER PURPOSES. NO `1I1FRI;1°'OWI , Ill: H- Rti'SC7I,VED BY THE' CITY COMMISSION 01,' TI-11- CH'Y OF S"I TAR]', I°l ORIDA that: SECTION 1`ION 1 The City Commission of the City o1`Stuart hereby approves the 2nd and Final of txo (2) renewal periods of' ITB NO. 2019-100 Chemicals for Water Treatment Plaarit/Waater I�eclarnaticrn Facility for the period October 1, 2020 through September 30, 2021. Item Vendor Chemical Amount I Allied Universal Corporation Sodium Hypochlorite $04,200.00 Odyssey Manufacturing Company Sodium Hypochlorite 566,000.0€9 as the secondary vendor 2 Tanner Industries, Inc, Anhydrous Ammonia x;14,052,50 3 C.aarus Corporation Sodium Ile anietphosphaate $19,190.00 4 1lawkins, Inc. Ilydrolluorosilicic acid $ 8,070.00 5 Hawkins, hic.. I-lydrerchloric Acid 2,706.00 6 Hawkins, Inc. Anionic Ivry Polymer $ 6,110,00 7 1 laawkirrs, Inc. C;aticrnic Liquid Polymer- $18,218.20 Overall Total $132,546.70 Page 88 of 1055 i Resolution No. 79-2020 SECTION 2: This resolution shall take effect upon adoption. Approve Award of ITB #2019-100, Chemicals for Water Treatment Plant/Water Reclamation Facility. Commissioner CLARKE offered the foregoing resolution and moved its adoption. The motion was seconded by Commissioner MATHESON and upon being put to a roll call vote, the vote was as follows: YES NO ABSENT ABSTAIN MICHAEL J.MEIER,MAYOR Y EULA R. CLARKE,VICE MAYOR Y BECKY BRUNER,COMMISSIONER Y MERRITT MATHESON,COMMISSIONER Y VACANT,COMMISSIONER ADOPTED this 131'day of July,2020. ATTEST: MAR NDEL MICHAEL J. MEIER CITY CLERK MAYOR APPROVED AS TO FORM AND CORRECTNESS 41. ilia \ '1:C, �y yf _ ��•r CM ATTORNEY . Page 89 of 1055 n Ce of Stuart ity 00' R!•P P.N Y.IIN f.' MEMORANDUM To: David Dyess, Interim City Manager From: Alaina Knofla, Procurement Specialist Date: July 18, 2019 Subject: Renewal of ITB ##2019-100: Chemicals for the WTPIWRF The initial year of ITB ##2019-100: Contract for Chemicals for the WTPIRF expires September 30, 2019. This agreement has provisions for two ( ) one (1) year renewal options; this would represent the first renewal. The vendors listed below have agreed to the renewal under the original terms, conditions, pricing and specifications. Thereby the Public Works Director Dave Peters recommends approval of the first-year renewal. Item Vendor Chemical Amount 1 Allied Universal Corporation Sodium Hypochlorite $62,280.00 Odyssey Manufacturing Company Sodium Hypochlorite $66,1100s00 as the secondary vendor 2 Tanner Industries, Inc. Anhydrous Ammonia $14,052.50 3 Carus Corporation Sodium H exametphosphate $19,190.00 4 Hawkins, Inc. Hydrofluorosilicic acid $ 8,070.00 5 Hawkins, Inc. Hydrochloric Acid $ 2,706.00 6 Hawkins, Inc. Anionic Dry Polymer $ 6,110.00 7 Hawkins, Inc. Cationic Liquid Polymer $18,218.20 Overall Total $130,626.70 If approved, this renewal will be effective for the period October 1, 2019 and ending September 30, 2020. If you have any questions, or if I might be of further assistance please contact me at ext. 5320 or contact me by email at tsurchasing@ci.stuart.fl.us. Approve renewal of ITB #2019-100: Chemicals for the WTPIWRF Recommended this ITB not be renewed David Dyess, City Manager Date fit AAR WWW.CIT'dC6'� :.:.:5 Page 90 of 1055 Po _7 do t tit 41S "1" 02 %i1 i� ��}l �'b'3,) ..,✓ ;'r• ? 21 S\V i'I'a}giti} \i.',.',ic}a!I 1.'.3 June 2.0,2019 Tanner Industries, Inc. Attn: Mr, Grep,W.Tanner,VP 735 Davisville Road Southampton, PA 18965 Subject: Renewal for YT M 20.19-100,Chemicals for the IN er Treatrnt nt Plant and Water iteclarnation Facility Dear Mr.Tanner, This is official notification to your firm that the City of Stuart wishes to extend your current contract for the above mentioned subject, for the period beginning ctober 1, 1019 and ending on September 30, 2020,which represents 0e first year or two(one year) renewal options. `chis extension is grunted tinder the same ter£r'.rs,conditions, and pricing as the original contract, Please complete the bottom portion of this fetter if your firm will are to the requested renewal. Your response must be received no later than 4.00 -nn,, July 3, .2019. You may fax your response to (772) 600.1202 or send by errraii to }:!i! `.i.rt` ! 1 x.. Thank you for your cooperation and immediate attendon to this matter. Phase contact nae at (772) 283_S320, if you should have are quest ons. Best Rep tirds, 17iiofla t..w Procurement Specialist cc: File I hereby attest, by signature, to Florida Statutes (F.S,) 287.135-Scrutinized ed Co paries that Boycott Israel list, F.S. 215.4725-Engaging in curnmerce vAth Cuba or Syria, and S.S. 215.473- Scrutinized Companies with activities in the lran Petroleum Energy Sector List,and agree to the contract renewal as specified of the subject Agreement. E R aian unable to agree to the contract renewal as specified of the subject Agreement u - r- (Signature) Printed N arae ,f j$ 2 ?I 4"•' ° 1 Date � Title Page 91 of 1055 SIUART. eo tu" A Ult a -yvr 0 fA 121 SW Flagler Avenue • Stuart • Florida 34994 P17AL 0�� Department of Financial Services Procurement and Contracting Services Division Lenora Darden,CPPB Telephone(772)288-5320 Procurement Manager Fax: (772)600-0134 purchasingLaa ci.stuartfl.us August 30, 2018 Via: Email transmission, sales(a�tannerind.com Tanner Industries, Inc. Attn: Mr. Greg W. Tanner, VP 735 Davisville Road Southampton,PA 18966 Subject: Notice of Award ITB No. 2019-100, Chemicals for the Water Treatment Plant(WTP) and Water Reclamation Facility (WRF) Dear Mr. Tanner: The Stuart City Manager awarded ITB No. 2019-100, Chemicals for the WTP/WRF, to your firm on August 28, 2018, for Anhydrous Ammonia, at the unit price of$0.77 per pound for the estimated annual amount of$14,052.50. Please consider this your formal notice of award. The City of Stuart requests that you provide all necessary insurance requirements by September 10, 2018 as listed below: A "Certificate of Insurance" which reflects all types and levels of coverage as noted in the Request for Proposal. The insurance certificate must also haverip anted in the "Remarks"box, words to the effect: "The City of Stuart is an additional insured': The City requests that the insurance certificate lists therp oiect number and the proiect name, ITB No. 2019-100 Chemicals for the WTP/WRF. Orders from the City of Stuart will be placed throughout the contract period through the issuance of a Blanket Purchase Order to 1002 Palm Beach Rd, Stuart, FL 34994, which will serve as your contract and notice to proceed. All services shall be coordinated with the City Project Manager, Mike Woodside, Team Leader II, at 772-288-5343 ext. 5444. The initial contract period will be for one year, effective October 1, 2018 through September 30, 2019, with two one-year renewal options. The City reserves the right to exercise the option to renew annually, if mutually agreed upon in writing by both parties subject to the same terms and conditions of the original agreement. Annual renewals shall be subject to the appropriation of funds, vendor's satisfactory performance and determination that the contract renewal is in the best interest of the City. The City of Stuart looks forward to a mutually beneficial business relationship. If you have any questions, please feel free to contact me by email at purchasingLa),ci.stuart.fl.us or call me at(772) 288-5320. Sincerely yours, Lenora Darden Procurement Manager ec: Dave Peters, Public Works Director Mike Woodside, Team Leader II 2019-100 ITB File Page 92 of 1055 r I .ttb ` City of Stuart �\F �1y 4 ny'jfi 121 SW Fla ler.Avenue e Stuart a, Florida 34994 °!]pL F Department of Financial Smices Procurement&Contracting Services Division Lenora Darden,CPPB Telephone(772)288-53o8 Procurement Manager Fax: (772)600-0134 ldardenO ci.stuart.f1us tVWWxi1Vofstuart.uw MEMORANDUM To: David Dyess, Interim City Manager From: Lenora Darden, Procurement Manager Date:. August 21, 2018 Subject: Award of ITB #2019-100: Chemicals for the WTP/WRF Attached are the bid tabulation and the department/purchasing recommendation for the above referenced project. In accordance with the City of Stuart Code of Ordinances, you have authority to award solicitations where the funds for the project have been appropriated by the City Commission through the annual budgeting process and where the vendor was selected in accordance with the City Procurement Ordinance. The subject bid was legally advertised in the Paha Beach Post and the Stuart Dews on July 20, 2018. The Procurement Office sent complete bid packages to seventeen (17) suggested vendors. This solicitation was disseminated by DemandStar on-line, who notified Two hundred and Sixty-one (261) interested vendors. Out of Thirty (30) planholders, seven (7)bids were received by 2:30 pm on the ITB opening date of August 8, 2018. Fort Bend has been deemed non-responsive for failure to include their bid prices on the bid schedule. Therefore their signature does not attest to their pricing as submitted. Staff has checked references, reviewed the technical specifications for compliance, and thereby recommends award to the following firms: Item Vendor Chemical Amount 1 Allied Universal Corporation Sodium Hypochlorite $62,280.00 Odyssey Manufacturing Company Sodium. Hypochlorite $66,000.00 as the secondary vendor 2 Tanner Industries, Inc. Anhydrous Ammonia $14,052.50 3 Carus Corporation Sodium Hexametphosphate $19,190.00 4 Hawkins, Inc. I-Iydrofluorosilicic acid $ 8,070.00 5 Hawkins, Inc. Hydrochloric Acid $ 2,706.00 6 Hawkins, Inc. Anionic Dry Polymer $ 6,110.40 7 Hawkins, Inc. Cationic Liquid Polymer $18,218.20 Overall Total $130,626.70 Please review the attached documentation and signify below your determination of award, request: for further information or recommended rejection of all gids. Page 93 of 1055 TANNEINDI DATE(MMIDD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 9/4/2018 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(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTNAME: Patricia King Commercial Lines-(610)205-6120P HONE 484.754.1505 FAX 610-537-2230 A/C No Ext): AIC No USI Insurance Services National, Inc. E-MAIL atricia.kin usi.com ADDRESS: P g@ 1018 W.9th Avenue, Suite 100 INSURER(S)AFFORDING COVERAGE NAIC# King of Prussia, PA 19406 INSURERA: Nautilus Insurance Company 17370 INSURED INSURER B: Starr Indemnity and Liability Company 38318 Tanner Industries, Inc. INSURERC: Aspen Specialty Insurance Co 10717 735 Davisville Road INSURER D: Philadelphia Indemnity Insurance Company 18058 Third Floor INSURER E: Southampton PA 18966-3200 INSURER F: COVERAGES CERTIFICATE NUMBER: 13395788 REVISION NUMBER: See below 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 LIMITS LTR INSD WVD POLICY NUMBER MMIDD/YYYY MMIDD/YYYY X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE S 1,000,000 A X X GLP2011827-15 06/01/2018 06/01/2019 X CLAIMS-MADE El OCCUR DAPREMISESMAGE TOEa RENTEDoccurrence $ 300,000 MED EXP(Any one person) $ 10,000 PERSONAL&ADV INJURY S 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY D PRO � JECT LOC PRODUCTS-COMP/OP AGG $ 2,000,000 X OTHER:Retroactive Date is 5/15/1986 S B AUTOMOBILE LIABILITY X X SISIPCA08332618 06/01/2018 06/01/2019 Ea acccidentSINGLE LIMIT $ 1,000,000 X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) S AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident C UMBRELLALIAB OCCUR X X EXACJ4J18 06/01/2018 06/01/2019 EACHOCCURRENCE $ 16,000,000 X EXCESS LIAB HCLAIMS-MADE AGGREGATE $ 16,000,000 DED RETENTION$ $ B WORKERS COMPENSATION X 1000001758 06/01/2018 06/01/2019 X STATUTE EORH AND EMPLOYERS'LIABILITY Y/N ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? ❑ NIA (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ D Pollution Coverage PHPK1829459 06/01/2018 06/01/2021 $15,000,000 Each Incident$15,000,000 Aggregate DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Project: ITB No.2019-100 Chemicals for the WTP/WRF. City of Stuart is listed as Additional Insured for General Liability where required by written contract. General Liability coverage includes Waiver of Transfer of Rights of Recovery where required by written contract. General Liability coverage is Primary and Noncontributory Insurance where required by written contract. City of Stuart is listed as Additional Insured for Auto Liability where required by written contract. Auto coverage includes Waiver of Transfer or Rights where required by written contract. CERTIFICATE HOLDER CANCELLATION City of Stuart SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 121 SW Flagler Avenue ACCORDANCE WITH THE POLICY PROVISIONS. Stuart, FL 34994 AUTHORIZED REPRESENTATIVE d The ACORD name and logo are registered marks of ACORD ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) Page 94 of 1055 (This certificate replaces certificate#13395543 issued on 9/4/2018) ? C1, Stuart Rf7i' 121 '+1X I larlcr 1t 'zv_r `iwart, I I .34994 rat w,r to lis rtrncnr s7t f°ir�. i:71 tier ices Lenora Darden Procurement&Uontriictin2 Services Division 772,600fO13 4 FAX Procurement\ltunag r 77 x.2188,;-;211 Pi-IONE 41i isin�c� i.stuart.t7.us INVITATION TO BID FOR: CHEMICALS FOR THE WATER TREATMENT PLANT/WATER RECLAMATION FACILITY DATE: July 20,2018 DEPT: Public Works BID NUMBER:ER: 2019-100 THIS IS NOT AN ORDER Bids vvili be opened and publicly read aloud at City hall, 121 S.W. Flagler Ave., Stuart, FL at 2:30 pnu on Wednesday, the $`t' day of August, 1018. Bids trust be SUBMITTED ON THE desired. Please attach this completed form as the: top sheet for all bids submitted. Bid bonds, if required, rnav be in the fornl of a Surety Bond, Cashier's Check or Certified Check (checks payable to The City of Stuart). Bidder's ?`dame A-A-4 T-Asnoear ih Company Naine TaAAi Y A Z? r. Street Address 739_ta w-;vellc JU— City, State, ipt� � ... q Total Amount of Bid It is the intent and purpose of the City of Stuart that this Invitation to Bid promotes competitive bidding. It shall be the bidder's responsibility to advise the Procurement Division if any language, requirements, etc., or any combination thereof, inadvertently restricts or limits the requirements stated in this Invitation to Sid to a sino[e source, Such notification must be subtritted in writing and must be received by the Procurement Division not later than seven (7) days prior to the bid opening date. Hanel Deliver Mail/Exj2ress Bids to: Stuart City Hall Procurement & Contracting Services Office 121 S.W. Flagler Avenue Stuart,Florida 34994 CTB No.2019-100: Chemicals-WTP/WRF Pape I Page 95 of 1055 Al INSTRUCTIONS TO BIDDER A].] Each bidder shall furnish the Information required on the bid schedule and each accompanying sheet thereof on which he makes an entry. Offers submitted on any other format are subject to disqualification. A1.2 All bids must be submitted in a scaled envelope plainly marked on the outside with the invitation to bid number,date and time of opening. A13 All Bids Must Be Submitted in Triplicate. This includes specifically the bid cover page, the bid signature section (A2), any section on which annotations are required or exceptions are taken, the bid schedule (F), and any supporting documentation or literature being submitted with your bid. A 1A It Is the bidder's responsibility to assure that Bids are received in the City of Stuart Procurement & Contracting Services Office, 121 SW Flauler Avenue, Stuart, Florida 34994, not later than 2:30 p.m., on the day and date shown above. Any received after this date and time will not be accepted or considered, and will be retained unopened to the bidder. No telegraphic or facsimile offers will be considered. A 1,5 Bids will be publicly opened and read a101-ld at the designated location at City Hall on the above appointed date at 2:30 p.m. or as soon as possible thereafter. A 1.6 Bids may not be withdrawn for a period of 30 days after the public opening date, A 1.7 Bidder's attention is specifically called to the terms and conditions of this solicitation. A 1.8 Please check y01117 prices before subtritting YOUr bid, as no change in prices will be allowed after the opening. All prices and notations must be in ink or typewritten. Be sure your bid is signed. A L9 All items quoted must be in compliance with the specifications. Alternate bids will not be considered unless they are specifically called for in this solicitation. A 1,10 Any actual or prospective bidder who protests the reasonableness, necessity or competitiveness of the terms and/or conditions of the invitation to bid, selection or award recommendation shall file such protest in wriLinu to the Stuart City illanager with a copy to the City Procurement& Contracting Services Manager. Al,l I Questions relative to interpretation of specifications or the solicitation process shall be addressed to the Procurement Division at in writing, in ample time before the period set for the receipt of bids. Any interpretations, clarifications or chances made will be in the form of written addenda Issued by the Procurement Office. Oral answers will not be authoritative. A1.12 Bidders must register with DemandStar in order to receive all required docurnents and notification of addenda. register for FREE ,it flap:,,"/w%N-kN,,onvii-comdei-naiidstai-- I I? ,I �i qbscri)�Lions, -1Iri: C ITB No. 2019100: Cheni icals-WTP/WRF paot 2 Page 96 of 1055 A2 BID SIGNATURE SECTION A2.1 This sheet i-nL]s[ be sl'-ned by a person allLlioi-lzed to sign for your firm and returned with your bid. Failure to comply will result in disqualification Of Submittal. A2.2 Delivery shall be a factor in award. Failure to perform within delivery deadline(s) set forth in the specifications or any Other Contract document shall constitute default. A23 Section Not Used A14 The City reserves the right to reject any or all bids, without i-eCOUJ.-Se, to waive technicalities or to accept the bid which in its SOle'lUdgrilent best serves the interest of the City. Cost of submittal of this bid is considered an operational cost of the bidder and shall not be passed on to or be borne by the City. A2.5 Goods, services, Supplies or equipment covered in the specifications shall be delivered F,O.B. Destination. A2.6 The Cite may accept any itern or group of iterns on any bid unless the offeror qualifies his bid by specific limitations. A2.7 Bidders are requested not to contact the City Commission. requesting/evaluatin" Departments or Divisions from the time of the issuance of the solicitation or advertisement until such time as the agency provides notice of an intended decision or until 30 days after opening 'the bids, whichever is earlier. Any questions from bidders or evaluating Departments or Divisions wl I I be answered through the Procurement Division. A2.8 If not bidding any or all items, please so state on Attachment E. A19 Bidders are expected to examine the specifications, delivery schedule, bid Prices, extensions and all instructions pertaining to supplies and services. In the event of extension error(S), the Unit Price will prevail and the Bidder's total offer will be corrected accordin-gly, In the event of addition errors., the extended totals will prevail and the Bidder's total will be corrected accordingly. Bids having erasures or corrections must be initialed in ink- by the Bidder. A2.10 Failure to comply with these instructions may result in disqualification of your bid. T �,W Firm Name Date Email Address izls) 317 -14,73 Authorized Signature Telephone Number (Manual) I ;airs AJo, (2 f g) 12Z - 7 7q I Narne/Title(PlLse Print) Facsimile Number Any questions regarding this Invitation to Bid should be addressed to the Procurement & Contracting Services Office, City of Stuart, Florida. Contact Purchasino, Email: and Fax# (7721) 600-0134, 1T13 No, 2019-100: Chemicals-WTI1/WRF Pa-e 3 Page 97 of 1055 B. GENERAL PROVISIONS Bl. Paynient/Invoicing: No payment will be made for materials ordered without proper Purchase order authorization. Payment cannot be made until materials, goods or services have been received and accepted by the City in the quality and quantity ordered. Payment will be accomplished by submission of invoice, in duplicate, with Purchase Order Number referenced thereon and mailed to: Financial Services Department, 121 S.W. Flagler Avenue, Stuart, FL, 3= 994. Payment in advance of receipt of goods or services by the City,of Stuart cannot be made. 83. Purchasing Card Program:. A. Preferred method of payment is by means of the City of Stuart Purchasing Card (VISA), The selected Bidder(s) can take advantage of this program and in consideration receive payment within ten (10) drays. instead of the City's policy of Net 30 Days After Receipt of Invoice (ARI). B. Bidders are requested to acknowledge acceptance of purchasing VISA card on the Bid Schedule, In the event of failure on the part of the Bidder to make this statement, the City shall assume the purchase or Contract price shall be governed by the Net 30 AA P.I. C. The City of Stuart offers bidders who commit to accepting the Purchasing Card as payment, a one percent (IN reductiosl in thein- bid price for evaluation purposes only. When evaluating prices submitted by bidders in response to this solicitation, the total offered price of a bidder committed to accepting3 the Purchasing, Card will be reduced by one percent, the resulting number is then compared to the other bidders' offered price. If the committed bidder- is awarded the contract, the award will be at the original bid price. City shalt not pay any service charges or fees for Peard transactions. B3, Fund Availability: Any contract resulting from this solicitation is deemed effective only, to the extent of appropriations available. B4, Permits/Licenses/Fees: Any permits, licenses or fees required will be the responsibility of the successful bidder, no separate payment will be made. Adherence to all applicable code regulations (Federal, State, County, City), are the responsibility of the successful bidder. Confined space permit may be required f-om the City of Stuart. Please see Section B23. Safety Standards. B5. Taxes. 'rhe Cite of Stuart does not pay Federal excise or State sales takes. Our tax exemption number is 85-8012740159C-6- 136. 5_801?740159C-G.B6. Warranty, The bidder shall state the warranty offered against defective workmanship and material, if required, as specified in Section C-Spacial Provisions. B7. Independent Pricing: By submission of this bid, the bidder certifies, and in the case of a joint bid each party thereto certifies as to its own organization, that :n connection with this procurement: ITB No. 2019-100: Chemicals-WTP/WRF Paa4ue 4 Page 98 of 1055 A, Tile prices in this bid have been arrived at independently, without consultation.. communication, or a0reernent with ariv other offeror or with any competitor for the purpose of restricting Competition, or in am, other wav influencing the competitive arena. B. Unless other-Nvise required by law, the prices, "Illch have been quoted in this bid, have not been knowingly disclosed by the bidder and v4 ill not knowingly be disclosed by the bidder prior to opening, directly or indirectly to any offeror or to any competitor, C. No attempt has been made or will be made by the bidder to induce any OLfiCr pet-son or firm to submit or to not submit a bid for the purpose of restrictin- competition, or in any other way InflUenCincy tile COMPCILitive arena. B8. Inspection/Acceptance Title: Inspection and acceptance will be at the City of Stuart's ordering department/division unless othervvise Stipt-datcd. Title and risk of loss or damage to all items shall be the responsibility of the vendor until accepted by tile using department of the City, unless loss or damage results from negligence by the City or it's using Department. n B9. Changes: the City of Stuart reserves the right to order, in writing, changes in the work within the scope of the contract Such as change In quantity or delivery schedule. The contractor has the right to request ,in equitable price adjustment in cases where modifications to the contract Linder the aL]thot-iq,, of this clause result in increased costs to the contractor, B Its. Liability: The vendor shall act as an independent contractor and not as an employee of fir s the City of Stuart. The SUCCOSSfUl bidder Is required to inderrinify, defend, and hold and 3,,,,save harmless the City, its officers, agents, and employees, fromdarnaocs arising, from the vendor's performance of, or failure to perform, any task or duty required to be performed by the vendor. B I I- Conflict of Interest: All offerors must disclose Nvith then- offer the name of any officer, director, or agent who is also all officer or employee of tile City of Stuart. Further, all bidders must disclose the name of any City officer or employee who owris, directly or indirectly an interest of ten percent (109/0) or more of the bidder's firm or any of its branches, 131?. Termination for Convenience: The City of Stuart reserves the right to terminate the Agreement in whole or part by giving: the vendor written notice at least thirty (30) days prior to the effective date of the termination. Upon receipt ofterinination notice from the City,, the vendor shall only provide those services specifically approved or directed by the City. All other rights and duties of the parties under the Agreement shall continue during such notice period, and the City of Stuart shall continue to be responsible to the vendor For the payment of any obligations to the extent Such responsibility has not been excused by breach or default of the vendor. ITB No. 2014-100: Chemicals-WTP/WRF Pave Page 99 of 1055 Upon termination, vendor shall hill the City of Stuart for all amounts not previously billed and due the vendor at that time. The vendor shall not be entitled to a prof'essiona'l fee nor to expenses for any work commenced or expenses incurred after the vendor received the notice of termination, unless specifically approved or requested by the City, The vendor- shall however. be entitled to payment for services commenced and approved by the City prior to the receipt of notice, or with the express written consent of the City, prior to the effective date of termination. B13. Termination for Default: The perfor-nianc,e of the Agreement stay be terminated by the Cite ofStuart in accordance with this clause, in whole or i1-1 part, in writing, whenever the City shall determine that the contractor has failed to rmeet performance requirement(s) of the A =regiment. B 14. Venue: Any contractual arrangement between the City of Stuart and the vendor shall be consistent with, and be governed by, the ordinances of Vfartn County, the City of Stuart, the whole law of the State of Florida,. both procedural and substantive. and applicable federal statutes, rules and regulations. Any and all litigation arising under any contractual arrangement shall be brol.rght in the appropriate court in Martin County, Florida. 1315. Contract Modifications: fn addition to changes made under the changes clause, any contract resultin0 fr011 this solicitation may be modified within tl7e scope of the contract upon the written and mutual consent of both parties.: and approval by appropriate legal bodies in the City ol`Stuart, 1116, The Contract: Notice of award by the City of Stuart will constitute acceptance of the Bid. This bid package, including all terms, conditions and specifications, signed by the successful bidder along with the documentation included in the bidders submittal as required by this Invitation to Did and other additional materials submitted by the bidder and accepted by the City shall constitute the contract. After notice of award, a valid certificate of insurance shalt be issued to the City within 10 days. A purchase order will serve as the contract with an effective date of October I. 201 S. B 17 Force Majeure: Neither party to this a(Treement shall be liable to the other- for any cost or darmages if the. failure to perform the agreement arises out of causes beyond the control and without the fault or negligence of the parties. .Such causes may include, but are not restricted to, acts of God, fires, quarantine restriction, strikes, and freight ermbargoes. In all cases, the failure to perform must be totally beyond the control and without the fault or negligence of the party. The delivery schedule, if applicable, shall be extended by a period of time equal to the time lost due to such delay. B 18. Proposal as Public Domain: All documents and other materials made or received in conjunction with this project will be subject to public disclosure requirements of chapter 119, Florida Statutes. The bid will become part of the public domain upon opening, Vendors shall not submit pages marked "proprietary" or otherwise restricted" [TB No. 2019-1W Eienicals-W"FP/4' R.F Page 6 Page 100 of 1055 B 19. Equal Opportunity: The, City of Stuart recognizes [air and open competition as a basic tenet of public procurement and encoura-es participation by minority and women owned business enterprises. The City requests minority and women owned business enterprises submit evidence of certification with submittals. B20. Assignment & Subcontractincr: The successful bidder will not be permitted to assign its contract with the City, or to subcontract any of the work requirements to be performed without obtaining prior written approval of the City of Stuart. 821. Insurance:: The contractor shall, during the entire period of performance of any contract result'sng from this solicitation, procure and maintain at least the minirnurn types of insurance as stipulated in the insurance attachment to this solicitation. Proof of such insurance must be provided to the City prior to beginning any contract performance. B22. Additional Terms and Conditions: 'No additional terms and conditions included with the bid response shall be evaluated or considered; any and all such additional terms and conditions shall have no force and effect and are inapplicable to this bid. If submitted either purposely throtrallh intent or design or inadvertently appearing separately in transmitting letters, specifications, literature, price lists, or warranties it is understood and agreed the general and special conditions in this solicitation are the only conditions applicable to this bid and [fie bidders authorized signature affixed to the bid signature section attests to this. B23. Safety Standards:. All contractors and sub-contractors shall adhere to all Federal, State, County and City safety= regulations and requirements. The City ofStuart safety manual is available for use by any vendor-contracted to provide services, supplies and/or equipment to the City of Stuart. B24. Public Entity Cairnes: Pursuant to the requirements of Section 287, Florida Statutes, all vendors are subject to those provisions pertaining to Public Entity C'rinies and the Convicted Vendor List. 13 25 Scrutinized Companies Dist: Pursuant to Sections 287.l 35,. 215.4725, and 215.473, of the Florida Statutes which prohibits agencies frorn contracting with any company, principals, or owners on the Scrutinized Companies with Activities in Sudan List,. participation in the Boycott of Israel, the Scrutinized Companies with Activities in the Fran Petroleum Energy List, and is not en{,aged in business operations in Cuba or 'Syria. are prohibited frorn contracting for goods or set-vices in any amount at the time of submitting to this ITB through the term of this contract, including renewals or extensions. If firm is 'found negligent, contract shall be terminated; and submission of a false certification may subject firm to civil penalties. attorney's Ices, and/or costs; may not transact business with any public entity for a period of 36 months. Questions regarding this statement should be directed to the State of Florida, Bureau of State Procurement (850)458-8440 11-B No. 2019-100: Chemicals-WTI'/ RF Pare 7 Page 101 of 1055 B26 Public Records Relating to Compliance, bequest for Records; Noncompliance, Civil Action Note: If the Contractor has questions regarding the application of Chapter 1.1.9, Florida Statutes, to the Conti-actor's duty to provide public records relating to this contract, contact the office of the City Clerk as the custodian of Public Records for the City of Stuart, and all the respective departments at 772-288-5306 or PuhlieRecordslReguestrcc'.ci.stuart.fl.us, City of Stuart, City Clerk 121 W Hagler Avenue, Stuart, Fl. 34994 per F.S. 119.12. In compliance with F.S. 1 19.0701 the Contractor shall: A, Keep and maintain public records required by the public agency to perform the service. B. Upon request from the public agency's custodian of public records, provide the public agency 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 this chapter or as othervvisc provided by law. C. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by lave for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the public agency. D, Upon completion of the contract, transfer, at no cost, to the public agency all ptrblic records in possession of the contractor or keep and maintain public records required by the Public agency to perform the ,service. if the contractor transfers all public records to the public agency upon completion of the contract, the concractor- shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements, if the contractor- keeps and maintains public records upon completion of the contract, the contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systerns of the public agency. E. A request to inspect or copy public records relating to a public agency's contract for services must be made directly to the public agency, if the public agrer7cy does not possess the requested records. the public agency shall immediately notify the contractor of the request, and the contractor must provide the records to the public. agency or tallow the records to be inspected or copied within a reasonable time, E. If a contractor does not comply with the public agency's request for records„ the public; agency shall enforce the contract provisions in accordance evith the: eC7ntract. Cr. A contractor- who fails to provide the public records to the public agency within a reasonable time may be subject to penalties under F& 1 19.10. ITB No.2019-100: Chermeals-WTP/WRF Page 8 Page 102 of 1055 11, If a civil action is tiled against a contractor to compel production of public records relatin-J to a public agency's contract for services, the court shall assess and award against the contractor the reasonable costs of enforcement, including= reasonable attorney fees. if.- Tile f:The court determines that the contractor unlawfully refused to comply with the public records request within a reasonable tirne, and ?. At least 8 business days before tiling the action, the plaintiff provided written notice of the public records request, including a statement that the contractor has not complied xvith the request, to the public agency and to the contractor. I, A notice complies 4vith subparagraph ? above, if it is seat to the public agency's custodian of public records and to the contractor at the contractor's address listed on its contract with the public agency or to the contractor's registered went. Such notices must be sent by common carrier delivery service or by registered, Global Express Guaranteed, or certified mail, with postage or shipping paid by the sender and with evidence of delivery, which may be, in an electronic format. J. A contractor who complies with a public records request within eight (8) business days atter the notice is sent is not liable for-the reasonable costs of enforcement. C. SPECIAL PROVISIONS C I. Intent: The City of Stuart is seeking qualified and experienced venders to furnish and deliver the specified chensicals ern tui "as needed" basis, in full accordance with the specifications, terms, and conditions contained in this Invitation to Bid (1T13'), C?. Minimum Requirements The bidder should submit the following information with their bid package to be considered responsive in order for the City to fully evaluate the firm's qualifications. Failure to fully submit the requested information may result in the bid bein` considered nonresponsive. A. Bidders are to provide a minimum of three (3) satisfactory references within the past five. (5) years of similar accounts and size can the City provided form. Bidder is responsible for verifying correct phone numbers and contact information.. Failure to provide accurate data may result in the reference not being obtained or considered. B, Bidder must be an authorized went, dealer, seller, or distributor for the sale and distribution of product. C. Completion and submission of Questionnaire attached herein. C3. References: As part of the evaluation process, the City may conduct an investigation of references including a record check of consumer affairs cornplaints, Bidder's submission of bid constitutes acknowledgment of the process and consent to investi rate. City is the sole judge in determining Bidder's qualifications. ITB No. 019-100: Chem icals-WTP/WIAF' Pa-e 9 Page 103 of 1055 C4, Qualification of Bidders: This bid shall be awarded only to a responsive and responsible bidder, qualified to provide the work specified. Bids will be considered from Firms who have adequate personnel and equipment and who are so situated as to perform prompt service-. Bids will be considered only from Firms which are regularly engaged in the business as described in this bid package; with a record of performance of not less than five. (5) years, which have sufficient financial support, equipment, and organization to ensure that they can satisfactorily execute the set-vice it'awarded an Agreement under the terms and conditions herein stated. The terms "equipment and organization" as used herein shall be construed to mean a fully equipped and well-established company in line with the best business practice in the industry and as solely determined by the Citv-. C5. Quality: The City will make the sole determination as to the Suitability of goods when quality is a question or concern, C6, Minimum Payment Terms: Nfinirnuin payment terms shall be Net 30 days, unless payment by Visa purchasing Card net 10 days. C7. F.H.B. Point: F.O.B, point is destination for all deliveries, (See Section E5). C8. Firm Prices- The prices offered shall remain firm lor the period of any agreement reached as a result of this invitation to bid. C9. Other Entity Use: The successful bidder(s) may be requested to convey their bid prices, contract terms and conditions, to municipalities or other governmental agencies within the State of Florida, CIO. Silence of Specifications: The apparent silence of these specifications and any addenda hereto. as to any details: or the omission from it of a detailed description concerning any point shall be regarded as meaning that only the best commercial practices are to prevail and that the service provided shall be complete and without additional requirement to the utilizing public entity. All Interpretations of these specifications shall be made upon the Iti I Z�l p basis of this statemem, C I I Attachments: There are six (6) attachments to this Invitation to Bld. The -successful bidder must cornplv with attachments as follows: Attachment A Insurance Requirements —Proof of ability to obtain insurance to be submitted with bid document. Attachment B Qualifications/Experience ofBidder Attachment C References Attachment D Bidder's Checklist Attachment E Statement of'No Bid Attachment F Request for Information D. AWARD OR REJECTION OF BIDS Dl. Award of Contract: The City of Stuart intends to award LO (lie most responsive responsible bidder with the lowest bid. The Purchase order will serve as the notice to proceed and the contract. ITB No, 2019-100: Chemicals_\k'j"p/wpF Page 10 Page 104 of 1055 D2. Method of Award: The City intends to award this bid to a Primary bidder, Award of the primary will be determined in order of responsiveness, delivery, acceptance of purchasing card program, materials and service proposed, along with bidder's ClUa I if cations. adequate oruanization, and personnel to ensure prompt and efficient performance of work- to the City. After the bid has been awarded. the Primary bidder will be used in every instance of Ordering products as lon1- as their firm is capable of delivering the product/material in question Within the time specified in this bid, If tile Primary bidder is not able to deliver the product in question within the specified time, the City reserves the right to contact the secondary bidder with the subsequent lowest responsive responsible bid accordingly. DI Modifications: This bid shall be awarded only to a responsive and responsible bidder. Bidder hereby certifies that the terms and conditions. Including but not ilrritCd to, the scope of-work have not been altered or modified in any manner, Any modification to this solicitation by the bidder will result in Bidder's response being found non-responsive and thereby disqualified. D4. Best Prices, Award will be made without further negoiiation based upon competitive bids; therefore your best price should be submitted in response to this invitation to bid. D5. Rejection of Bids: The City of Stuart reserves the right to reject any or all bids with or without cause when Such rejection is in the best interests of the CiLy_ at tile City's Sole determination. The City also reserves the right to reject the bid of a bidder who has prev]OLISIV failed to perforin properly or complete on time contracts of a similar nature, or "horn investigation shows is not in a position to perform the contract. D6, Determining Responsibility: In determining responsibility, the following qualifications will be considered by the Procurement & Contractin'a Services Maria(ler: A- The bidder's ability, capacity and skill to perform the contract or provide the service within the tune specified. B. The reputation,Jud.1ment and experience of the bidder. C. The quality of performance of previous contracts or services includin,- previous performance with the City. D. Previous and existing compliance by the bidder with laws and ordinances relating to the contract or service. E. Financial resources of the bidder to perforill the contract or provide the service. F. Ability to provide future maintenance and service for the use of the subject of the contract. G. Whether the bidder is in arrears to the City on a debt or contract or is a defaulter on Surety to the City, or whether the bidder's taxes or assessments are delinquent, ITB No, 2019-100: Chemicals-WTP/WRF Page I I Page 105 of 1055 D7. Contract Terms- At all Lin"ICS during the term ot'the contract. the successful Contractor- shall ontractorshall act as an independent Contractor and at no time shall be considered an agent or partner offfie City. n A. Conti-act Period: ]"his contract shall be awarded for an initial term of one I year Subsequent to approval by the City Commission effective October 1, ?©IS, The contract may be renewed for two (2) additional one year periods provided both the successiul bidder and the City agree and all terms and conditions remain the same. Ariv contract or amendment resulting from this solicitation shall be suhject to fund availability and rnUtUal written agreement between the City and the successful bidder. Extension of the contract for additional thirty (30) day periods, not to exceed 6 months, for the convenience of either party shall be permissible at the mutual consent of both parties. B. Option to Extend: The performance period of any contract resulting frorn this solicitation may be extended upon mutual agreement between the contractor and the City of Stuart with no chap{c in terms or conditions. Any extension of performance period Under this provision shall be in one-year increments. The contract may be renewed for two (2) additional one-year periods, provided both parties are in agreement. Total contract length, including individual one-year- extensions, ne-yearextensions, shall not exceed three (3) years. Prior to each annual renewal, the City may consider price adjustments) only when a wrirten request is received a minimum of ninety (90) days prior to the renewal date for review and approval by the City. Any price increases trust be reasonable With justification, documented' and approved by the City of Stuart. It is also expected that de-escalation orprices will be extended to the City iiFthe market so retlects. C. Contract Amendment: The City may require additional items of similar mature, but not specifically identified in the contract. The Contractor agrees to provide such iterns/sery ices, and shall provide the City prices on such additional items or services based upon a formula or method which is the same or sirrillar to that used in establishing the prices in this bid. If the price(s) offered are not acceptable to the City, and the Situation cannot be resolved to the satisfaction of the City, the City reserves the right to procure those iters/services from other vendors or to cancel the contract, Furthermore, the City reserves the right to delete or revise items and services under this bid at any time during the contract period when and where deenitc! necessary. Deletions may be made at the sole discretion of the City at any time during the contract period. Items revised must be mutually agreed upon in writing) by the Contractor. D. Non Exclusive Contract: Contractor agrees and understands that the contract shall not be construed as an exclusive arran0ernent aC, Land further agrees that the City may, at any time, secure similar or identical set-vices at its sole option. DS, Method of Ordering: A blanket purchase order shall be issued for the term of the award. The department(s) will order requirement(s) on an "as needed" basis. All terrns, conditions and prices of the bid are applicable. Only awarded bid iterns may be put-chased. Vendor is to take all necessai-y steps to insure this requirement. Invoices must reference Purchase Order. ITB No. 2019-lW Chernicils-WTP/WRF Parte 121 Page 106 of 1055 D9. Quantities: The quantities specified are based on annual estimates. The City of Stuart Makes 110 "Liarantee regardino the quantity to be purchased arid reserves the right to t� - -1 1 1, increase or decrease the total quantities, as necessary, to rneet actual requirements. 0117. Performance: The City heavily monitors the quality and performance of work performed and/or supplies furnished by the awarded vendor for future consideration and/or reference PLWPOSeS. The City may return_. for full credit. any iter(s) received which fail to rneet the City's performance standards. L SCOPE OF SERVICE El. General Information: The purpose of this bid is to purchase various chernicals on an ..as needed" basis delivered to the City of Stuart locations as designated on the purchase order shall include all labor, materials, supplies, transportation, and related services. Chemical will be ordered on an "as needed" basis for the term of the a(_,rcernent. E2. Material Safety Data Sheet and Certificate of Analysis: In Compliance with Florida's Occupational Safety and Plealth Statute (Chapter 442) my commodity delivery as a result of this bid must be accompanied b), a current MSDS and Certificate i ificate oC Analysis (COA) with bid package submittal and with each receipt of order. ,I Note: It is incumbent upon all bidders to include information sufficient in detail to allow For an Informed decision process. Codes & Regulations: Goods rust be in accordance with the follo�k' 6 H10: • National Science Foundation (NSF) • American Water Works Associann(AWWA) • Conformance with any other applicable local codes and standards E4. Conti-actor Responsibility- )t 6, The bidder shall be responsible for the protection of property In the areas appointed for delivery auainst spills. Contractor is responsible for clean-up ofany spills. B. It is hereby made a part of this a-reernent that before, during and after a public ever,-ency, disaster, hurricane, flood or Act of God that the Municipal Government, thrOL1011 the City Of Stuart, shall require a "first priority" basis For goods and services. It is vital and imperative that the majority of citizens are protected from any emergency situation that threatens public health and safety. E5. Delivery Requirements, A. All prices quoted shall be F.O.B. destination, freight prepaid (Bidder pays and Z� bears freight char-es, Bidder owns -oods in transit and files any claims). The successful bidder shall be fully responsible for any and all travel expenses and/or ITB No. 21719-100: Chem icals-WTP/WRF Pale 13 Page 107 of 1055 delivervIltransport charges to and from destination. Exact delivery points will be indicated on the purchase order. All bid prices shall be delivered price. The City will not he responsible for separate delivery fees, B. Delivery is requested within 7_2 hours after receipt of purchase order. Delivery coordination shall be made in advance with the City's Project Manager. No deliveries will he accepted before 7:00arn or after 3.00pni. The City will not be responsible for separate- delivery fees. Back-orders shall be made known to the City at time oforder placement. Failure to supply deliveries within requested time period may result in contract cancellation. Delivery location is as specified below, ti Nater Treatment Plant, 1002 Palm Beach Road. Stuart, Florida 34994 • Water Reclamation Facility: 301 SE Styprnann Boulevard, Stuart. Florida 34994 E6. Quality Assurance& Returned Goods: All material shall conform to Ylorida Department of Transportation Standard Specifications latest edition. The successful bidder upon receipt of a purchase order shall assure the product conveyed is of the correct quantity and meets all specifications of the bid, purchase order and order release. Materialwhich does not meet bid and purchase order specifications and requirements, including quality standards, shall be subject to return to the vendor,at the expense of the vendor. ET Alternate/Exceptio"s: The Bidder shall be responsible for reading very carefully, and understanding completely, the requirements and the specifications of the items requested, I Any deviation from specifications listed herein must be clearly indicated, otherwise it will be considered that items offered are in strict compliance with these specifications. and the successful bidder will be held responsible Lherefore; exceptions must be explained in detail on an attached sheet(s) and itemized by number. Any itern(s)that does not meet City specifications upon delivery will not be accepted and if the iters cannot be brOLICIllt Lip to specifications in a reasonable time, the Bidder will be required to compensate the City for the difference in price entailed in going to the next qualified bidder. Bidders offering equivalent items must meet the exact physical data given for the specified" item. E8. Technical Specifications: The intent of this solicitation is to receive bids for tile product specified, The materials specified cannot be substituted with any other materials, City of- Stuart fStuart personnel shall make all determinations of equivalence and compliance with specifications. Those determinations shall be Final, These specifications are based on a particular level of perfon-nance required to be responsive to this ITB, Deleri-runation of whether an alternate product be offered. a detailed description of specifications must be submitted and included with your bid. Failure to comply will result in disqualification of the bid submittal as non-responsive. Vendors will describe how they comply when asked to specify their compliarice, VIB No, 2019-100: Chemicals-WTP/WRF PaiTe 14 Page 108 of 1055 Technical Specifications Item Chemical Physical Data Individual Compliance Used at No. Description Shipment WTP (quantities WWTP f H{ pochloriteat] .ISI.tAN.SI Sodium use hypochlorite potabl 5,000 ��n�tlin�l�n Yes ❑ No ❑ WTI' P I ! w WT 11 water is$4 rngrL 9oi IL_5,o brach and i13{1 m7r'Z.Pus dLli�erie, Tanker If)5%bleach Density 1.10-1.30,SpG(12%)1 202 Truck Chlor:hgLlid�green-yellow Millin-m strength of 120 Frans per liter (T2 trade Pel-Cent by volume) Contaminant concentration lints l€on<0,3 nt,,,L Copper<0 3 mail., Nickel:<03 rn]g L Ch locate:<2.300€n i- Drornate<20 rnd.L Perchlorate=20 nw L S¢sp nded Solids Test Cirne�, 3 minutes The suspended solids in the sodium[ hypochlorite deht-crcd under this contract shall be dninimized and the shipments delivered shall achieve a filtration time ot`less than 3 minutes .fur 1,000 in] when applyin,? the "Suspended Solids Quality I"est for Bl telt l'sinL) €be Vacuum Filtration Method eo-developedy by Cyt. Bernard Hubniscl'No�aC'hnn, 2 Anh.vdrous SpG t7 62 pct;60 F,pH 1 Lb 1;1 N sol.fn water)°�li City awns a 1.000 Yes No ..� wI'll Ammonia volatile tj3 %rolnme: 100 dal tank, SolubikV, ill- atcr:3M, a 68F The aserafle Vapor dcmits 0.6 (i 32 F delivery,sizeis 6!00 MCtdhngical(.Trade Anhydrous,�,mmonsa ls(3.000 lbs Hydrotiuur silicic 23 23°3 A44��r\Stxndatrd I370_;-O6 300 tnaflon Yes No ',`TP Reid No more than 0.(}?{)t'o Item,} Metals(yfer ury.Lead, dtlitierie.s. I"ani.el, Bismuth.and Copper expressed as Lead Truck d a d Flvdrochloric Acid 20 Baume, 1145%at:€ise inaredients 73 t5a[lon drums, Yes �4u � WTP 31.45%o(muriatic 68 559 inert Flat-bed Truck acid[ b lir {?f)drums) 3 Sodium Contain not less duan 6t}'A,i,phosphorus pentoxide,26.2 50hound multi- Yes No F_� UTP Hexametphosphate phosphorus,or 80.4`6 phosphate ort an as is basis.pi called,moislure oC I° solution 5,7_T3 proof bngt , The rc laical order sire Nvill be one(I)pallet of'30 ha+us Enclosed Truck t (30 lbs each). with lint rate 6 Anionic Dai- f 3S 730. "1,nronic polymer is used in the Water 50 pound multi- Yes No WTP Pok mer nitla a 3U Treat€Hent Plant to settle out suspended matter in the walled,moisture positive Charge ratio water, proof bags- Polymer concentration must he>80%-<9M,,, Enclosed Truck o with lint-gate 300 lbs per order 7 Cationic Liquid FBS 7602: The cationic liquid polymer at the Water 33 Qallon drums, Yes E N w-1-P Polvitteit Reclamation T acility is used for sludge dewatering Flat-bed Truck with a hell press,price per gallon Sold ill 55 gallon with lift-,ate AJ4 containers rt 42',o act:ise content CompanyNarnee 16twwT ��uc�r`�� c, bate:WA ITB No.2019-100: Chemicals-WTP/WRF fayre I Page 109 of 1055 F. REVISED BID SCHEDULE: III accordance with the terrris, conditions and specifications, the undersioned bidder hereby submits the f�}llo� king prices for supplying -Che City of 5tUart w-vith the goods and/or services called for in Bid #2019-100. Item Description Estimated Unit of Unit Price Annual No. Quantity Measure Price } 1 Liquid Sodium Hypochlorite 120,000 GAL , .' S t�J I Anhydrous Arnrnonia18,? 0 LB a 4 3 Hydrotiuorosillcic Acid 3,000 GAL T Hydrochloric Acid 31.45% 1,100 GAL S I ope +e Sodium Hesamcta�hos �at+e� 39.(3(70 LB ~ $ ,q 6 Polviner,a tionrc-�ranular _,600 LB g , 7 Polymer, cationic liquid 1,430 GAL 1 Itern(s) -OveralI Total for all items that apply j F.O.B. Destination: #49-71-Hours for Delivery after receipt of order(ARO), if less than 72 hours IL rs__ Preferred method of payment is by the City Purchasing Card(VISA). DQE YOU ACCEPT THE PURCHASING CARD(VISA)`' Yes No 7'he City of,5tzucn t offers bidders it ho commit to cacceptin-the ParchcasinW Lard, nolo d above in the Bid Schedule as payanew method,, a one percent (1?1o) reduction in their bid price for ewralucation pw poses only. When evaluwinlg 4 prices subanitted by bidders in response to this solicitcation the total offered price o/.ca hidrler cr�mantitted to UCCepting the Purchasing Card will he reduced by One perces x the resulting m naber is then compared to the other bidders' offered price /1 the cotntnittetl bidder is awarded the contracl, (he award will be ctt the ori;irtally hid price. City; �hcafl not ay ant servace cluaa•�es or fess for 1 catzt trcansaclaons. If you are not the successful bidder awarded as primary provider, Vrould you acce t serving as the ' secondary (backup) provider, with the same terms as conditions as your bid'? Yes No Is Bidder offering the above product as specified? Yes"/l No If No, bidder is to indicate their equivalent below and attach product literature. Item #: Product Itern #: Product item �: Product Item#; Product Company Name: '.A. i^1 �4,l°r, c 5 �,, Date; I'm No, 2019-100. Chemicals-WTP/WRF Devised Page 1.6 Page 110 of 1055 fill Prices will remain firm for a period of'forty-five (45) days from the date Or B I d opening. The undersigned bidder has not divulged to, discussed with, or compared this bid with the other bidders, and has not colluded with any other bidder or parties to a bid whatsoever, Further, the undersigned guarantees the truth and accuracy of all statements and answers contained in this invitation. The undersigned bidder hereby certifies that the invitation to bid has not been altered in any manner:, and that bidder has received all the Addenda listed below and has incorporated them into his Bid listed herein. Failure to acknowledge the above requirements will render the bid non- responsive and no further evaluation of the bid will occur. ACKNOWLEDGEMENT IS HEREBY NIADE OF RECEIPT OF' ADDENDA ISSUED DURING THE SOLICITATION PERIOD: ADDINDUNI #_J_ THROUGH ADDENDA # Company Name: Date: Name of individual Submitting Bid: Email address: �6k[e� 2, Ph: AUTHORIZED SIGNATURE: — W UB No. 2019-100: Chemicals-WTP/WRF Revised Page 17 Page 111 of 1055 ATTACHMENT A INSURANCE REQUIREMENTS The successful bidder shall nett connmence any work in connection with this at}reenner7t Cantil it Gras obtained all of the follovvirl types of insurance and the City` has approved such insurae. Igor shall the successful bidder allow arty slrbcontractor to commence work on its subcontrancct until all similar insurance required of the subcontractor has been so obtained and approved, Proof' of the follovving insurance will be furnished by the successful bidder by Certificate of Insurance, which names the bidder, its officers, beard members, employees and agents as additional insured on General Liability and ,Autornoblle Liability insurance policies. Such certificate must contain a provision for notification of the City 0 days in advance; of anynnaterial change or cancellation. The City by and through its Risk `vlana-er, reserves the right to review°, modify, reject or accept any required policies of insurance.. including limits coverages or endorsements, herein fi-orn time to time throu3hout the term of this contract. All insurance carriers must have an A,i1t Best Rating of at least A: Vil or better. When a self-insured retention or deductible exceeds 571000, the,. City reserves the richt, but not the: obligation, to review and request a copy of bidder's most recent annual report or audited financial statement. All contractors including= any independent contractors and subcontractors utilized must comply with the following, Insurance requirements: 1. Comrnercial General I.,iability including Bodily Injury/Property Damage. Personal & Advertising Injury and Products/Completed Operations coverage fine at least $5,000,000 Limit per claire. Products Liability shall extend coverage Cot pollution conditions that arise from chemicals manufactured, sold or distributed, The City shall be included as Additional Insured and polio` shall contain a waiver of subroatiotn ri Tats endorsement and coverage should respond as primary. If the policy' is written on a claims made basis, the retroactive date shall be prior to or equal to the effective date of this contract. Ire tine event the policy is canceled, non-renewed, switched to an occurrence form or there is a change in the retroactive date, [lie distributor shall purchase an extended reporting; period rider-during the life of the a-reernent of not less than 3 vears. 2. Pollution Liability and Remediation Legal Liability coverage for at least $5.000,000 Limit per c.lairn. This shall provide coverage for loss, remediation expense and legal defense expense fir sudden and {gradual pollution conditions. The City shall be included as Additional Insured, policy shall contain a waiver of subrogation rights endorsement and coverage should respond as primary. If the policy is written on a claims made basis, the retroactive date shall be prior to or equal to the effective date of this contract. In the event the policy is canceled, non-renewed, switched to an occurrence form or there is a change in the retroactive date, the distributor shall purchase an extended reporting period rider during the life of the agreernent of not less than 3 years. 3. Commercial Auto Liability with limit of at least $1,000,000 per occurrence which provides coverage for any auto (owned, hired and non-owned) and shall not contain any ITB No. 2019-100: Chernicals-WTPfWRF Pat.;e 18 Page 112 of 1055 eXCIUS1011 I-or I)OHL10011 legal liability as respects the transportation, loading and unloading of chemicals. The C113T shall be included as Additional Insured and the policy should contain a waiver of subrogation rights endorsement. 4. Worker's Compensation Insurance The Contractor/Lessee/Service Provider shall take Out and maintain during the life of this Agreement, Worker's Compensation Insurance with limits equal to Florida Statutory requirements. Employers liability must include limits of at least $1,000,000 each accident, $1,000.000 each disease/employee, $1,000,000 each disease/maxtruUm. A waiver of'subrooration must be provided. Covera-e Should apply on a primary basis. Should scope of work performed by contractor qualify its employee for benefits Under Federal Workers Compensation Statute, proof of appropriate Federal Act Coverage must be provided. 5. Loss Deductible Clause: The City shall be exempt from, and in no way liable for, any SUMS Of money Which may, represent a deductible any insurance policy, The payment of such deductible shall be the sole responsibility of the Contractor and/or Subcontractor providing such insurance, 6. Certificates of Insurance: The Contractor upon notice of award will furnish Certificate of Insurance Form within ten (10) days. These shall be completed by the authorized Resident Agent and returned to the 0 ffi ATTACHMENT B QUALIFICATION OF BIDDERS INFORMATION/QUEST.IONNAIRE TIIIS IS A FILE.ABLE FORM Part -qualifications ications Questionnaire - Information provided shall fully explain the firm's qualifications and experience of their Organization to provide chemicals for the City as stated below: (Bidders may attach additional sheets, if necessary). Provide supporting documentation that Bidder is an authorized a--ent, dealer, seller, or distributor for the sale and distribution of product. Is supporting documentation included? Yes R] No E Part B—Other Information I. Contractor to provide details of delivery of'chernical. q00 h5l Provide office hours and contact information of staff responsible for coordination of services. Monday through Friday basis from (7:00 a.m. through 3;00 p.m.) Ll I ,Ours -L q3 -('22(, OOMDk� 1 1 3. Please provide 24-hour Emergency Contact Information if different than above: 4. Number of vear's orgianizaLion has been in business. )qss' 5. Have You any similar work in progress at this time'? Yes 91 No E. Submission of quality control pro-ram: Yes 1X-11 N L) 7-71 7. Submission of Safety program: Yes No [] Company Name 11'14 No. 2019-100: Chem icals-WTP/WRF Page 20 Page 114 of 1055 ATTACHMENT C REFERENCES Provide three (3) Satisfactory references within the past five (5) years of similar complexity, nature, and size of this project. #IREFERENCE Cornpany/Entity' Marne: C,-ty Address H53 LP&A City ON 1 11 State �L, Zip Code 7 Contact Name:kil A" rvpt "ue rPlione No:( 3 gG ) ZqS q q 6� Fax:( �3& Email: marm4roo tiov -o, Delivery Date: Location Type Type of Product Supplied Mt br-,de pav� Amrmmomi '-v overnmental r Private te Dollar Value of Contract #2 REFERENCES LCo�mpanyy/EntnyName: t Address L L e&t_ c1tv State Zip Contact a,,C�4v,� CrLIM Title: Ct .'re A*,t'., eMaJACe llfre&,?W"c Phone 321 ) 5;7 3I?- Fax:(State 2-'i p Code e 3 Z Lim City a Name: Cont ctN �hce 1 ) 5;7� 3r ��Fa n N c, 1 E-mail: A j""',r d . eet4 oi Delivery Date: Location Type of Product Supplied Overnment or Private Dollar Value of Contract$ #3 REFERENCES Co'mp any/EntjtyName: , y rl �belrol Iqe a e�i Address 20C) ;t)7 61"' City b:elra 42 coje4i State Zip Code t Narn y Contact Narne: 3a�t4 LPhone No:(S6 1: )�2tQql 1 -�7,Y311 Title: Ernailltd/Ar d Delivery Date: Location Type of Product Supplied M,�4 C4A I�a A� drey A fM w a 7 ',1 overnmental o Private Dollar Value of Contract $ Company Name lkmev, ITB' No. 2019-100: Chem icals-WTP/WRF Pa-e 21 Page 115 of 1055 ATTACHMENT D BIDDERS CHECKLIST This checklist is provided to assist each Bidder in the preparation of their bid response, included in this checklist are important requirements. which is the responsibility of each Bidder to submit with their response in order to make their response fully compliant. This checklist is only a guideline it is the responsibility of each Bidder to read and comply with the Invitation to Bid in its entirety. is F3id envelope marked accordingly? Yes No F Is Invitation to Bid cover page(page 1)completed,sitoned and attached? 'Y"es 2No Is copy of bidder's valid Business Tax Receipt:submitted? Yes iv I No Is Bid Scheduie Form completed, si4gned and attached? Yes No Is safety report and Quality program included? Yes No �Is bid submitted in triplicate(one oriCllinal, two copies) ' Yes Z No Bidder t77ust subIllit proof that their firm name is registered. with their Yes 2No State of origin Is proof of insurance included? Yes No Is minimum ()ualiticaton of`I3idders/Questionnaire information ine[uded? Yes No Are Submittal Forms completed and enclosed:' Yes No Is PO SDS or COO subm itted`' Yes Imo'"o Are addendum (if any issued)sunned and submitted'? Yes No Submit a copy of all Licenses, Certificates, or Re-gistrations, held by Yes No Bidder Is the Request for Information form completed, signed and attached Yes No including W-9? All prices have been reviewed for mathematical accuracy, all price Yes®NoE] corrections initialed, and all price extensions and totals thoroughly checked. Company Nameer" qac rw c ITB No. 2019-100: Chemicals-W'TP/WRF' PaLle 22 Page 116 of 1055 ATTACHMENT E STATEMENT OF "NO BID" If you do not intend to bid on this requirement. please complete and return this form prior to date shown for receipt of bids to: The C]tN' Of Stuart Procurement& Contractln,- Services Office, 121 S.W. Fla,-Jer Avenue, Stuart, Florida 34994. We have declined to bid on this solicitation for the l'ollowin- reasons. 1:1 Specifications too "restrictive , i.e.." geared toward one brand or manufacturer(please 1 explain below) 111SUfFICiellL time to respond to Invitation to Bid. We do not offer this product or equivalent. Our project schedule would not permit us to perform. Unable to meet specifications. Unable to meet bond requirements, ifrCqUired. Specifications unclear(please explain below). Other (please specify below), REMARKS: GVE UNDERSTAND THAT IF THE "NO BID" LETTER IS NOT EXECUTED AND RETURNED, OUR NAME MAY BE DELETED FROM THE LIST OF QUALIFIED BIDDERS FOR THE CITY OF STUART FOR FUTURE PROJECTS, Typed Name and Title Company Name Address Signature z:1 Title Telephone Number Date mm ITB Na. 2019-100: Chemicals-WFP/WRF Pale -13 n - Page 117 of 1055 - ttrtaa°: . ATTACHMENT F REQUEST FOR INF(aR:MATION F REQUEST FOR TAXPAYER IDENTIFICATION NUM BER SUBMIT WITH IRS FORM W-9 Dear Vendor: Federal Income Tax Law requires a Form 1699 with a valid taxpayer identification number to be filed for payments made in the course of conducting a trade or business. Further,these payments may be subject to Backup Federal Income Tax Witlihold ng for aid payees who have not submitted a correct Federal Tax Identification Numis'er at the time of payment. Please read This form and complete the information thereon before signing and returning with aCopv of our IRS'tV9 Form. If you are a corporation, xve will not issue you a Form 1099 (Reference: L6401e,(c)). However, kindly return this form to document your corporate status. In order to avoid the possibility of future payments beim held subject to Backup Withholding at a rate of;1", please complete the term printed below and return this letter to the above address or E-mail request to: City ACccttmtsPw,Lthler'i-i i stttttrt.11.us VENDOR NAME �ravrnct �n�uf��i s� tAr DBA: CORPORATE ADDRESS- 7,. CITIw: ciun STATE: —2A— ZIP: TELEPHONE: 72,9 FAX. (_......�.�) �a7 -7711 ALTERNATE PHONE: COMPANY CONTACT NAME: a - t EMAIL ADDRESS: TYPE OF CERTIFICATION I.7,VIBE ;. SBA ,. DVBE 3.F�`14�`BE 4. SDB 6 �otbe.r. w' "TIIE�IBOVE INFORM I TIOA'WILL BE USED FOR PURCHASE ORDERS" REMIT TO ADDRESS: fes: < CITY: { �'—.; Y1'j STATE: �`k: ZIP: !:� y TELEPHONE: ( rl s7 ) " ' Z FAX: ( ) ALTERNATE PHONE: { � CC) r1P.AN Y C'C7 TACT NAME: ,+ (._ 1`I-r y„ EMAIL ADDRESS. � TYPE OF ORGANIZATION I. Corporation Sole Proprietor i. Government Aaency 2. Dartnership 4 [—]Individual 6. Other. 1099 REPORTING STATUS(Cheep One): � Yes � No TAXPAYER IDENTIFICATION NUMBER: Employer Identification Number: ,' ? '- Print name of Taxpayer if usin- SS : Finder penalties of Perjury,I certify that this statement is accurate and complete, r Signature: Title. 5, J r Date: Phone: (_', IP ITB No. 2019-100 Paae 24 Page 118 of 1055 FormW. I Request for Taxpayer 1 9 � Give Form to the lRev.November 2017') Identification Number and Certification requester,Do not Department of the Treasury send to the IRS. Internal Revenue Service Illi-Co to WWWJrs.gov1Fon77M for instructions and the latest infentrialtion. 1 Name(as shown on your income tax return).Name is repaired on this line:do not leave this line blank. Tanner Industries,Inc. 2 Business nameMisregard Name(as Tanner IndUS"l 2 Bu_,�--_h.-e/d 3 it. Check appropdato box for federal tax ciassification of the bartion whose name is entered on line I Check�only one,7afthe 4 Exemptions(codes apply only to h S following seven boxes. certain entities,not individuals;see instructions on page 3): El C Corporabon Tru ".slist. IndividuaWsole proprietor or S Corporation 11 Partnership Tust/estale (A single-member LLC 0 Exempt payed code lit any) 5 ❑ Urnited liability company,Enter the tax classification(C-C corporation, S-8 corporation,P-_Pa anorshiP)p) a Note:Check the appropriate box in the line above for the tax classificallon of the since-member owner. 00 not check Exemption from FATCA reporting tULC if the LLC is classified as a single-member LLC that is 0lSr$9flrded from the owner unless the owner of the LLC i 'z another LLC that is not disregarded from the owner for U.S,Federal tax Purposes.OtMerwisa,a sirgle-member LLC that cod (If any) NIA CLis disregarded from the Owner Should check the appropriate box for the lax riassirtcWiOn of)t LIZ s owner. 13 Other(see instructions)0- 5 Address(number,street,and SPIT Or Suite no.)See instructions, Requester's name so,d address(optional) 735 Davisville Road FL3 T_ City,stale,and ZIP code SouthaMton, PA 18966 7 List account numberts)here(optional) Taxpayer Identifikation Number(TIN) Enter your TIN in the appropriate box.The TIN provided must match the name given on line 1 to avoid Social security number backup withholding.For individuals,this is generally your social security number(SSN)-However,for a resident alien,sole proprietor,or disregarded entity,see the instructions for Part 1.later.For other entities,it is your employer identification number(EIN).If you do not have a number,see How to get a 77N, later, or Note:If the account is in more than one name,see the instructions for line 1 a Also see What Name and employer identification number Number To Give the Requester for guidelines on whose number to enter. J= 2 3 - 5 � 2 1 0 0 4 UMM[Certifi Under penalties of perjury,I certify that: 1,The number Shown on this form is my Correct taxpayer identification number(or I am waiting for a number to be issued to me);and 2,1 am not subject to backup withholding because:(a)I am exempt from backup withholding,or#b)I have not been notified by the internal Revenue Service(IRS)that I am subject to backup withholding as a result of a failure to report all interest or dividends,or(c)the IRS has notified me that I am no longer subject to backup withholdi%and 3.1 am a U.S.citizen cr other U,$.person(defined below);and 4,The FATCA code(s)entered on this form(if any)indicating that I am exempt from FATCA reporting is correct. Certification Instructions.You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return,For real estate transactions,item 2 does not apply.For mortgage interest paid, acquisition or abandonment of secured property,cancellation of debt,contributions'to an individual retirement arrangement(IRA),and generally,payments other than interest and dividends,you are not required to sign the certification,but you must provide your correct TIN.See the instructions for Part 11,later, Sign -signature at Here I U.S.person b, i t_ \_k. M.05 L Date 1W ? General Instructions Form 1099-DIV(dividends,including those from stocks or mutual Section references are to the Internal Revenue Code unless otherwise funds) noted. a Form 1099-MISC(various types of income,prizes,awards,or gross proceeds)Future developments.For the latest information about developments Form 1099-9(stock or mutual fund sales and certain other related to Form W-9 and its instructions,such as legislation enacted after they were published,go to wwwim.gov/F` "oimW9. transactions by brokers) *Form 1 099-8(proceeds from real estate transactions) Purpose of Form *Form 1099-K(merchant card and third party network transactions) An individual or entity(Form W-9 requester)who is required to file an *Form 1098(home mortgage Interest), 1098-E(student loan interest), information return with the IRS must obtain your correct taxpayer 1098-T(tuition) identification number(TIN)which may be your social security number -Form 1099-G(canceled debt) (SSN),individual taxpayer identification number(i adoption -Form 1099-A(acquisition or abandonment of secured property) taxpayer identification number(ATIN),or employer identification number (EIN),to report on an information return the amount paid to you,or other Use Form W-9 only If you are a U a person(including a resident amount reportable on an information return.Examples of information alien),to provide your correct TIN, returns include,but are not limited to,the following. Ifyour do not return Form W-9 to the requester with a 77N,you might •Form 1099-INT(interest earned or paid) be subject to backup withholding,See What is backup withholding, later. Cat,No,10231,X Form W-9(Sev,11-2017) Page 119 of 1055 max'a "� �"� • k-,I t Muart l'1 s11'I lagfc�r: t nai StH ri o Florida"491)-:! reL Departmtni of`Ixinui,'cii31 sen nes llrocur,mwi7t aiid Contractus� Divisicm [._mora Darde4l_(TI'll1eh:p oiw.C771)_1,SS-5 PI'GL'-WCIIlC9P1. l:tnu_er Fax (77-,)600-0114 �urEha,tn„xr�ei.:,tu.3Ettl.txs ti�utv.citv��t,lt�.Ert.r�b Date: July 25, 2018 'Fo: Prospective Bidders Subject: Addendum 41 to ITB# 2010-11111, Chemicals for WTP/WRF ADDENDUM #1 Flee PttrPose of this addendum is to revise Item 42 Anhydrous Amtnonia, unit of measure, froln gallons to Bounds. The revised bid schedule is attached. All other terms and conditions of this ITB remain unchanged. This Addendum shall be considered an intea,ral part of the ITB and Contract Documents and mast be acknowledged, signed and returned with your submittal by 2:30 p.m. on August 8, 2018. Failure to comply will result in disqualification ofyour bid. Lenora Darden, CPPB Proc:tirement tilantaaer City of Stuart, Florida Ack-nowled-ement is herebv made of Addendum 71 to FFB# 2019-100, Chemicals for WTP/WRY Sicyrtature Firm r Date Email address Addendum#1 to 1`1'B#2019-1110,Chemicals for WTPJWRF Page t Page 120 of 1055 Tanner Industries, Inc. exceptions taken for Bid#2019-100 B. GENERAL PROVISIONS 1310. Liability: The vendor shall act as an independent contractor and not as an employee of the C=ity of Stuart, The successful bidder is required to indemnify, defend, and hold and save harmless the City, its officers, agents, and employees, from dainages. arising from the vendor`s neQligent performance of, or negligent failure to perform, any task or dUty required to be performed by the vendor. E. SCOPE OF SERVICE E4. Contractor Responsibility A. The bidder shall be responsibly; for the protection of property in the areas appointed for delivery against spills. Contractor is responsible for clean-up of any spills Co the extent caused b4 comractor. Page 121 of 1055 w OATZ(NJrtoO0,yyyy) CERTIFICATE OF LIABILITY INSURANCE A TEND OR ALTER THE COVERAGE AFFORDED BY—;OLDER.THIS CERTIFECATE i9CES ,N DT AFFIRPu1ATIVELY DR NEGATIVELY AMEN, AND CONFERS NO RIGHTS UPON THE CERTIFICATE THE POLICIES I A CONTRACT SETWEEN THE ISSUING INSURER(S), AUTHORIZED URED,the POLICY(ics)must have ADDITIO AL INSURED provisions or be endorsed. If SUBROQATION IS WAIVED,subject to the terms and cone'' !ons of the policy,certain Policies may recuirO an endorsernent. Astatement on this cortificate does not confer rights to the cartificate holder inII0u of such endorsement(s), PRODUCER Commercial Lines (6.022c-6120 NAME: arn NJastccltt _SI insurance Services Nationai.Inc. FAX 1018 01.9th Avenue,Sd;te 100 iACURESS Mark.West,,ob@E,�Lwm King of'Prussia,PA 19406 INS R a i aR ORDING COVERAGE KAIC N3URER A, NaUtiJUS JPSJraPCe C Q 7-3'7"0_ __' INSLRED __......— Ha tier Industries DivIsCon o,Tarrcr!icu,5trjes, 1-N-SUR-EP 5_: 3t' an Starr lndemniry d Lia 11 b0it ino y compary 33318 735 Davisvie Rand JlURERc: AsperSpedaltylnsurarce__ in,Scc) 10717 Third Floor ScutharrIpton PA 18966-321 INSURERS. !NSURwR COVERAGES CERTIFICATE NUMBER: 13111065 REVISION NUMBER:_Tae_belOw MIS _O R_.IFY THAT THE POIAGIES OF ;IISLiRA. ; E I 'tAVL PEF,�ISSZED TO T-E NSURED NAVE D APOVE OR T�"!E POLICY p= r10 il:;,A�TEr, N`FR 07*6THS7ANCiN(,ANY REQUIREMEN7, -RAI OR COND-IC)N OF A' C wlA',' �8 ISSUED OR H �ESJP=C7 TO :IJFJICH RI CAI �NY ONTRAC'Or-, OTHER DOCUMENT N17 THIS MAY PERTAA, TI'Iw3l_NSURANCE Ari-op '13Y-.-.E POLICIESFSCR8E' HEREN iS SUf3,A_C;T -0 ALL THE Tc,Rt AND CONDi ONS QF SUCF-POLZjE,5.LA417S SHOWN MAY-1AVE EjAN REDUCED BY PAID CLAIM's NSIR LTR TYPE OF INSURANCE 'AOOCSU6A- N5 MVD ?CA.fCY 4u1,13EIR PC LICY E., POL.'CY I EXP XCOMMERCLALGENFPALLJABILITY 7 A X GLP2011827-15 C61)0 1,21212 06/GV2019 EACH CICCLRREACE C,'-CuR RFI.T=_5' :E3 xc�' CEN'L AaGPEGA— A-PLE S�ER I 3CG��O P [,c tiFRZ: A,14 �EGA-,Ea „C15.uu4 pot)cy P_ , AUTOMOBILE��Ad[LiTY SISIPCAG$:3d5'$ -UP02INS X A.141-�TC571/2 'Ea mc,oco C"IVNED �3C;D�',,'_1LURY�P, AU-08 0%� L H)RED C'J-C'A'1,FD 14; U MSRE�J_A L;A3 EXACJ4_jJq .06"3112c1s A EXCESS LfS 0 1AiC AGGREGA7 1ETENT3N 3 B WORKERS_1CMPENSATICN AND EMPLOY ERS'LIABIL rrr i60 0001738 06/0112018 U6X1!2C1,9 x IER 'EF- 0 F FIC E,"l EMBER E X CL U CO? N A I'M L EACH ACCIDENT 1'1(I0=rP 1, anda ary�n NH) DESCRIPTION OF OPeRA71ONS i LOCATIONS i �(A..Rll 10111. ��i,,.-,�1 . T * I Evidence of I,.ILrarice Only �_Q_w sp CERTIFICATE HOLDER CANCELLATION Tanner Industries,Inc. SHOULD ANY OF THE AeOVE DESCRIBED POLICIES BE CANCELLED BEFORE 735 Davisville Road,3rd Floor THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Southampton PA 19866 ACCORDANCE WITH THE POLICY PROVISIONS. THOR12ED REPRESENTATIVE ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD Q 1988-2015 ACORD CORPORATION. All rights reserved. Page 122 of 1055 F_ E: , 725 EJAVI-'SVILLE ROAD lj_+i�D F;L_00R U A M TOP PA 189,-)6-3200 3 2 21 5-322-7-7.�11 '3 n n ec'I n d,c o rn It is the obliective of Tanner Industries. Inc. to provide a safe and heald-l", work environment to protect all ofour employees, the public. and the environment. To accomplish this objective. Tanner 111CILIStrieS, Inc. Will COMptV with all CLirrtmt Federal, State, and local health, safety, and crivironniental laves. We will develop the best possible operational processes, procedures, and policies to el iniinate or control both known and potential safety, health, and environmental hazards. I lealth and safety are shared responsibilities. Each employee. from top nianalo'ement to SLIPerVi-SOrS to each worker. nIUSt take ovriership of their own safety and that of coworkers, Each employee is responsible foi- recoarlizing health and safety hazards and to correct them or report them to their supervisor in a timely man,ner. To fulfill these goals, manaacment will: • Develop and enforce safety and health rules, as well as good niatuakyernent Practices: and b,, requiring all employees to cooperate with these rules and practices as a condition oCernpJoyment. A copy of the safety rules are located in the Corporate Safety VILLInUal, and inanacernent practices are located in the Process Safety Manaurnerit MaYlUal., which are available at each facility, • Train all employees. Each employee will be trained accordinu to the requirements of OSHA. DOT. EPA, and Company rules pertaining to then-respective jobs. A copy of each employee's trainin- record will be maintained at the Corporate office. Each employee must follow all the health and safety policies and procedures required by their specific,job functions. • Efirninate or reduce health and safety hazards. Hazards that cannot be cornpletelk eliminated will be reduced thrOU011 crigineerin- or administrative controls, and throuuh the use of personal protective equipment, • Provide personal protective equipment. All protective equipment FTILISt meet OSHA and/ or ANSI requirements, Tanner Industries, Inc. is legally and morally hound to make sure that all employees wear the appropriate protective cqUipment at the proper time and in the proper environment. 0 Establish a Coij)orate Safety Committee to oversee safety and health activities. We have implemented a program called Responsible Distribution (RD). Responsible Distribution is a comprehensive quality prooram dedicated to protecting the health and safety- of employees, corni-nUnitieS, and the environment and was developed hy the National Association of Chemical Distributors (NACD). It is comprised of various codes and SL[b codes of management practice which are doCLIfflented and implemented. It is a condition of L7 DIVISIONS NATIONAL AMMONIA, BOWER AND __'HEMCAL NOPTHEASTERN AMMONIA, HAMLER INDUSTRIH Page 123 of 1055 rriernbership with NACD and the program is third party verified to ensure all Codes of mana-enierit practice policies and procedures are documented and implemented. We have, successfully passed third party werificatlons for RD since 1995. Past verifications were completed by Underwriters Laboratories. Inc. (documentation verification - 1995), Science Applications International Corporation (SAIC), Parker& Associates (on site management systems verifications - 1999 & 2003) and Eaale Group conducted RD verifications in 1-007. 2010 and most recently in January 2015, We have maintained Our RD certification as a condition ofiriernbership in NACD since RD's inception in 19922. NACD can verify that Tanner is as ri-iernher in good standing, %which rricans we are implementing=, our RD management system. This check may be conducted at \A-,vw\,nacdxons. Tanner Industries employs about 116 personnel and operates approximately 16 facilities throu,,houl the COUI`Itr4. The work that Tanner's employees perforin at plants and at deliveries is labor intensive. It involves connectino hoses. moving equipment. raising trailers. Using hand tools, etc, This work can result in spraiii/strain type of i 'Lli-i tru jes, Bclow,w are the incident rates for the past three years, including 2018. Year Recordable Incident Lost Time Rate I 10U]-s Worked Rate YTD 2018 1 36 O.Oo 146,574 2017 2.43 0.81 247,230 2016 0.79 0.79 253,724 2015 3120,78 --- 256,256 Our Continuing goal for our safety perl'orniance is, at a 11111111111.1m. being at or belovk our industry's classification group's ratings for OSHA recordable rates. In order to help support Our continuino improvement process we maintain the followil"10 initiatiVes: • We conduct monthly documented safety equipment inspections. • We complete annual facility safety inspections at our plants. • We maintain fall protection at Our plant sites. • We continue to review all injuries. accidents, incidents and near- misses w,\Fth the safety, representatives at corporate and site safety con-irnittee rnectir]L4s. • We have added "Days Since Last OSHA Recordable Injury" S " '(111S to Our plants to J . I-- help raise and maintain awareness 01"our safety performance. • We distribute weekly safety postings to all plants. The communication includes safetv messa,,es and reminders and highlights any safety and/or security incidents with reminders for the prevention of similar incidents. This information has been streamlined for easier reading= by field personnel and the weekly interval provides more Current data in relation to incidents, injuries and near misses. It also provides a mechanism for quick hit safety reminders. • fn 2011 we piloted a ride a long program with our drivers. This involves management personnel riding along with drivers and attending deliveries at periodic intervals, The purpose of this review wIII be to ensure personnel are performing all duties Page 124 of 1055 appropriately, such as appropriate checklist completion, being av�,,are of potential hazards, f011Mk III'(' C10CLIt-ritinted delivery procedures, etc. It also provides an opportunity for coaching and , idance Will a focus oil safety if needed as as a t� __LH feedback inechanism for potential improvement. A similar Nv'alk a long program for plant operations has since been implemented. We have established and implemented co rnn I Lill]cation with all CYnpI0v1eeS on 01,11--3 pillars of safet',r, like 3 legs on a stool, if a leg, is missing the stool will not be able to stand. 1) Personal Accountabiliq - ensure You are following Sops, "vearing proper P I _, 11 el at all required times, reporting any unsafe conditions. planning for potential hazards. COMML111'eat'll(T withthe office. Z7 2) Awareness: Recognize and Identify Potential Hazards - cornpleting the proper checks and checklists. attention to signage, see the whole play and try not to use tunnel vision - are there any potential hazards at-01-Ind? Think befcwe acting. stretch if needed after a lon- drive, LlSin,,7 proper liffino techni proper ladder use. Secure footing rques. 3) Management Support- know tn' that yOU have our full support. COMMI-1111cale any PrOblernS 01' issues, ask jCthere is any qUCStIon on the proper method or proper' procedure. Tanner Industries DOT Safety performance Involving DOT roadside inspections has been much Ch better than the national average for companies transportlm4 hazardous materials. 'File national na verage o r the percen ta(Y I --e ofvchlcles placed Out of set-vice at DOT inspections is reported at 0.720`6. Our average over the previous 24 Months has t-.)een 2.81,4. In looking at hazardous material inspections the national average has been 45',� and our rating has been 0,0% In relation to driver Inspections the national avera0e has been 5,51% and our drivers have rated at 0,51','O. Our statistics reveal that we have performed better than the national averaocs. -]-,inner Industries, Inc, Mission Staterrient., Our mission is to constantiN,, improve Our products and services to Meet/eXCCCd our custorner needs, to distribute Our product in a safe. efficient, and environmentally responsible manner, and generate a reasonable return in order to provide C0uth1U1tV for the business and erriplo%ment for our employees. Questions concerning Our safety proor,-1111 can he directed to: Harold Siver Safety Maria(_,er Telephone: 2 15-3-222-1 2_38 x2390 Mobile: 2 1-5-910-0622 Fax: 2115-526-7814 III's 1 ver lit,=tann erind.coni Page 125 of 1055 3cotz Kanactpn, tax uottecter Locat r usineSs tax mecetpt uran e L ounr , t-tor hrs Kcal busine .,lax receipt is in addrtlon to and not n iir_,rj of any ,[her tax raquired by law ni municipal or-linance BusinesaeS sn=SuL}eCt'o re9u1st10n of>on"Ig hoalth ]P� 3svful authontles This raceipt i4 viiid Frnm Oc'rober P thrcu grr September 30 ra(receipt year Deknquent penalty is added October 1. 2017 EXPIRES 9/30/2018 501-09725,4 3 50 1 CIS TRJBUTOR-AMMOMJIA $300() 7 EMPL0YEE TOTAL TV $30.00 Ta"+Iii STEPHEN B PREVIOUSLY PAID 130.0(} FO-,AL DUE 30.00 TANNER INDUSTRIES TANNER STEPHEN B 735 DAVIS'ALLC RD 3RD FLR SOUTHHAMPTON PA 1396,5-3275 2530 VULCAN RD U-A.PIOPKA,32703 PAID, 530.00 D099-00805690 9113i201 ' Scott Randolph, TaxCollector Local Business Tax Receipt Orange County, Floric his iocat business tax receipt is in addition ro and not in lien or any other tax reg3-jired 5y law or rnunic pal ordinance.Businesses are Subject to regulation of>_oning,reaith and c iwful authorities.This receipt Is valid from October 1 '.hmu+gh September 30 Dfreceipt year.Delinquent penatty is added October 1. 2017 EXPIRES 913012018 3501-17972.544 3501 D13TP18J70R-AMi4t1OrNI1A 33000 1 EMPL j TOTAL TAX 530.,x(] PREVIOUSLY PAID 3o.1a t7y ®TA NER STEPHEN B TOTAL DUE 30.00 � �w ANNER INDUSTRIES AaNNER STEPHEN 8 U-A VULCAN RD #- +� 735 DAVISVILLE RD 3RD FLP, U-AF'C7F CA.32703 C 1 " ` ` SOUTHHArMPT,ON PA 13060"-3276 PAID' S30.0+0 0059-CO80639C 9/1312017 I T^is ecelut IS otflolal'wren laiidared Dy'he Tax f1 i71 ef,tC7F. r _ Page 126 of 1055 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF STATE 08/06/2018 TO ALL WHOM THESE PRESENTS SHALL COME, GREETING: I DO HEREBY CERTIFY THAT, TANNER INDUSTRIES, INC. is duly registered as a Pennsylvania Business Corporation under the laws of the Commonwealth of Pennsylvania and remains subsisting so far as the records of this office show, as of the date herein. I DO FURTHER CERTIFY THAT this Subsistence Certificate shall not imply that all fees, taxes and penalties owed to the Commonwealth of Pennsylvania are paid. IN TES7'-1MN-YWHF--RE0F,I have here=to 86t m-;hand and caused die Seal of the S,2cretarys office,to bt affhxed,the day and yea abo�-e_kTItten Z411-4 Aetna,S�crerarj of t1he Corn mcm.,.4a ith Certification Number: TSC180806141367-1 Verify this certificate online at http://www,corporations.pa.gov/orders/verity Page 127 of 1055 _7 April 23,2018 To whorn it may concern, While-Fanner Industries, Inc. is not third party ISO certified, our conipan,, is committed to Responsible Distribution (RD). Responsible Distribution is a comprehensive quality prograrn dedicated to protecting the health, safety and security of employees, conirruinities, and the environment and was developed by the National Association of Chemical Distributors(NACD). It is a condition of niembership with NACD and the program is Third party verified to ensure all codes of i-nana-ernent practice policies and procedures are dOCUInCilted and implemented, We have successfully passed third party verifications for RD since 1995. We have maintained our RD certification as a condition of membership in NAM NACD can verify that Tanner is a member in good standing, which means we are irriplerrientini4 our RD maria-ernent system. This check may be conducted at vvw-,v.riacd.eoi-n, In addition to R-D we have also implemented aspects of the ISO 9001 series quality model. We have documented procedures and policies In an ISO format, we verify all incorning raw material, and have documented customer complaint procedures, We have generated a Quality Manual, which contains Our company Mission Statement,as well as applicable quality process procedures not addressed in our RD manual. We look forward to continuing to work with you as partners in quality and safety, and if yon have any questions, or require further information, please contact rne. Sincerely, 'I'ANNIER INDUSTRIES, INC., David Binder Director, Quality, Safety and Re2ftilatory Affairs Page 128 of 1055 CERTIFICATE Of CONFORMANCE THIS CERTIFIES THAT Tanner Industries, Inc. Has successfully dernonstrated its cornmi ment to Responsible Distribution as set forth by the National Association of Chemical Distributors (NACD) through successful completion of its third-party cin-site verification for the S�', Cycle (January 1, 21714- December 31, 2016) January 28, 2015 Issue Bare r=ow4L EZ191E-:� National Association of Chemical Distributors Michael Lang, Vice President, Clyde H. Pearch, President Responsible Distribution Page 129 of 1055 TANNER iNDUSTC,&a � �, T, 735 DAVISVILLE: ROAD,THIRD FLOOR SOUTHAMPTON, PA 18966-3200 215-322-1238 FAX 215-322-7725 www,tannarInd,com Note that Responsible Distribution runs in 3 year cycles. The verifiers are independent and contracted by NACD to do all member companies. To be a member in good standing with NACD you have be Responsible Distribution verified. our good standing as a member can be checked at www.nacd.com. When a member company gets verified in a 3 year cycle can vary. We have typically be done at the front end of each cycle at 3 year intervals. The 1128115 cert is the last verification date, It does not expire. A company could possibly be done at the front end of a 3 year cycle and then back end of the following cycle. Not typical, but possible. Thus there could be a 5 year internal between verifications. NACD has changed their scheduling Policy for this current cycle and none to go beyond 4 years. They will make sure on the proper scheduling. / was expecting our verification in first quarter 2018, but have not heard yet on scheduling our sites from the verification agencies. We were typically every 3 years with this in the past. As mentioned expecting our next verification this year or no later than 2019, Cert is current. We are members in good standing practicing Responsible Distribution. Sincerely, Tanner Industries, Inc. Maa Tanner Sales Adi-ninistrator Page 130 of 1055 s o- , ea u, Page 131 of 1055 INNER 11""OUSTRIES, NIC, 735 DAVISVILLE ROAD,THIRD FLOOR A SOUTH/1"IMPTON, PA 18966-3200 215-322-7238 FAX 215-322-7791 wwwtannerind,com ANHYDROUS AMMONIA SPECIFICATIONS Metallurgical Grade Ammonia( NH3)Assay 99.9965% -- I Minimum Ammonia (NH3)Assay 99.9990% TypicaJ i9g-9i990%�� Water 33--ppm Maximum Water <10 ppm Typical Oil 2 ppm Maximum oil 1 ppm TypiE2L____j Revision:August 01, 2009 Supercedes:June 01,2001 Approval;QC/QA DIVISIONS NATIONAL AMMONIA, BOWER AMMONIA AND CHEMICAL NORTHEASTERN AMMONIA,HAMLER INDUSTREs Page 132 of 1055 Tanner Industries, Inc. SAFETY DATA SHEET Section L Identifcation product,Name: ammonia,Anhydrous Svnon.vnis: Arnnionla CTAS ILLGIS R_Y iNO: 7664-41-7 Supplier: Tanner Industries,Inc. 731 Dw kvill,�Road.Third Floor' Southampton, PA 18966 W bsite: cvyrv .ttnnerind.cctiaa Telephone(General): 215.322-1238 Corporate Ernergency Telephone.Number, 800-643-6226 Ernergeney Telephone Number. C herntrec.800424-4300 Recornntened Lse: Various lndustriarl.�`A ricuitural I Section 2.Hazard(s)Ident Fleation Hazard: Actatc l.oxicit�.Corrosive,Gases [ander Pressure_FiarniTmble Gas.Acutc Aquatic Toxicity CI as ification: acute Fo\icity. lnfaalaatican(Cate2ory 4) s`cate t t -Most ,cverc!4-Least Severe1 Skin C'orrosion'Irritation(Category I B) Serious E%e Darnaoe/Irritation(Category I? Gases L rider Pressure{Liquukicd gas) Flammable Gases(C'atcuory 2) )ante ,quatie`foxicitY Wateuory 1 1 picuoagrana: < > <e> < > < > Signal word: Dano r 1-1 Hazard statements: 1-larrnful if inhaled. Causes severe skin bursas and serious evc dainaac.. Flammable tins. Contains gas under pr.ssure,mai e plode iflaesterl. Very toxic to aquatic lice. F'rec.autionary statements: Avoid brettthin-gasr'aapors, Use only outdoors or in well-ventilated area. Wear protective�Iltaves,protective clothing e%e protection.t'ace protection. Keep a%say 1'rorn heat,sparks,open flames and offier is'nition sources.No smoking. iCea°inion:Mack 1,70I5 Anhydrous Ai nrnonia patt?e 101's Page 133 of 1055 Precautionary st:itentents (continued), IF FNIA tLEDD Remove person to flush stir and keep corn[sriable.for breathing.Call a doctorlphysieian and seek medical attention for severe expca,ure or if 7NfUl-Roma persist.Specific tretttrrre.nt,see supplemental Iirst aid instructions rr Section-t(First Aid Mensurresl- If ON SKIN:Rinse nrmediatcly Gs ilea plenty 0 water hefore rcmoc in-,c9uthU5.Contanarrtaled clothing. could possibly be frozen to skin. Rinse skin ac°ith water or shocvcr(minimum of20 minutes).Specific treatment,see supplemental first aid instructions in Section 4&irst Aid Measures). IE IN EYES:Immediately call a doctorFph}siciun and,seek medical attention.Rinse Continuousl} with c+atcr for several Minutes(minimum of ap minutes).Specific treatment.see supplemental #irst aid instructions to Section 4(First Aid Measures), A'ash contaminated clothing before reuse. Store in a caell-ventiiatcd place Beep container tightly closed.protect from sunlight. Stare locked up. In case of letkuac:Flit-innato all icnition sources.if safe to do so, In case ofleaking gas tire: Stop fiats•ofgas before extira+_uisltirty. [dispose of contents/conta,inc r in accordance\v ith local..regional.national-intermational red=ulatitans as applr`cablc. Sce section 12(Disposal Considerations), VFPA Rating: HVI IS Classification: ANHYDROUS ANINIONIA I RF 'IT3` 0 PERSONAL PROTECTION H I NFPA Numbering System. FLM1S Hazard Index: 0=Least Hazardous/d=Most Ulazardous 0=Minimal, l=Slight,2—,Moderate,3—Serious,d=Severe Seetitan-3.C01h osition f Wormation on Ingredients CHEMICAL NANTE:,Ammonite,Anhydrous CTAS REGISTRY NO:7664-41-7 SYNONYMS: r",nataavnia CHUMIChAL F,A IILY. Irforvtanic nitrogen c,ampOunc95 COMPOSITION 99--%Ammonia Section 4.1irst Aid Nfeasttres- IF INI IAL.ED ltnniediately remov.c person ka fresh stir and keep comfortable for breathing,In ease ofsevctc,;vposorc or i1 in itation persists.breathnica difficulties or respiratory symptoms arise.seek medical arzenlion,I t not breathing,administer artificial respiration. If trained to do so,Administer Supplemental uxyven if reriu red. I I'ON SKIN:Immediately rinse skin and contaminated clothing tt ith plenty of wetter hetore removing,clothes,Clodtina that has been contacted by liquid ammonia may,freeze to the akin. rhaav frozen clothing from skin bet are removing.Flush skin with copious. amounts 0[tepid water for a minimum of 20 minutes.Do not rub or apply topical,occlusive compounds,such as ointments,certain creams,etc.,on affected area. For li�luid ammonia contact,seek immediate medioal attention. For severe vapor contact or if irritation persists,seek medical attention. IF IN EYES: Immediately rinse continuously with copious amounts oftapid water for a minimum of 20 minutes. Eyelids should be held apart and away from eyeball for thorough rinsing. Do not rub or apply r apical,inclusive compounds,such a-s uintm,cnts,certain creams,.etc.,on affected area.Seek medical attention. IF SWALLOWED: Rinse mouth. Leo not induce vomiting, lfconscious.give Iar=e amouwr ofwater to drink. Ivlav drink oranLLe juice,. citrmjuice or diluted vinegar(1 d)tea counteract arnmonia. It unci liscious,do neat five:anything bV Mouth. Se.ck medical attention. iVOTE-TO PHYSICIAN: Respiratory injury may;appear as<i delayed phenomenon.Pulmonary edema ma} followchernival bronchitis. Supportive treatment with necessary ventilation actions.including os�Fen,may warrant consrdetation. Revision. Nfay 1,201-5 Anhydrous Ammonia Pave 2ofg Page 134 of 1055 Sectioo 4.Fire'Fightin Measures I EX FI VGUISHING 'MEDIA: Water Spray.Water Foa,Dr,, Chemical.Carbon Dioxide(CO2)or l6ama.. SPECIAL FIRE FIGHTING PROCEDURES. ti(ttst wear protective c1�tEl n r end,t pa'siti4 pr tiwerrL S('BA. Stop flown off as or liquid ifpossible, Approach fire upwind and evacuate arca d)vvnevind if needed. Ilse water spray to keep tire-exposed containers cool toad control vapors. If a portable container(such as a cylinder or trader)can be moved from the fire area Without risk to the individual,du so to prevent the, pressure relief valve of the trailer ear portabie container from diaeharvitt" ur the cvihtder 171-Orn rupturing. If relief valves are inoperative,heat exposed stowage containers may beCOnle explosion hazards due to over pressurization. Stay upwv ind when container;arc thretnned. UNUSUrAI,FIRE A D EXPLOSION HAZARDS. Outdoors,ammonia is not generally a Fire hazard, Indoors. in confined areas.ammonia naa,ybe a fire hazard,espccially ii'oil or other combustible materials are present. CorribuStion waw lbr€n toxic nitrogen oxides(,N' . [ Section 6.:4ccidental T;elettse hTeasrtres GE;V E RA L: Only properly trained and equipped persons Should respond to an ammonia release. ;'ear eye. hand and respirator- protection and protective clothing:ser Section 8,Exposure Controls,'Personal Protection. Stop source of leak if possibic,provided it can be done in a,ale manner. Leave the area of a spill by movino laterally and upwind. Isolate the aticrcted area.Non-responders should evncitate the arca,or shcltc r in place. SPECIFIC STEPS TO BE TAKEN: For a hazardous material release response-Level 1 and/or Level Q ensemble includinu positive pressure'-,CBA should be used. A positive;pressure SCBA is required for'entry into ammonia atmosplicres at or above 3(3(1 ppm(IDI f-I j. -Stay upwwind and use water spray Llotvnwind of conttainer to absorb the evolved las. Do not apply+,nater directly to container.unless there is heat impingement.as anantonia boils at 2�"F(direct water vJ11 heat container),and more vapors well he releea,5ed. Caution. Adding water directly-to liquid'Tills Nvill increase wlatilization of'tnnrnunia,thus inCretasin"the pos ibi[ic}-tel e,xpo;ur . Contain spill and runoff front entering tfrains, sewer's,streams,lakes and water systems b%- utitizim,methods such as dik€nvv, Containment.and ub',Orptfon. Section 7=Hanellirrg;and"Strir'ag SPECIAL PRF-CAUTIQNSt Only trained perSons should handIC,, anhydrous amrnonira. Store in well-ventilated areas,with containers iiahtly closed. Protect rrom temperatures exceeding 120'IF(48 8 1C). Protect containers Crum physical damage- Keep away from iom:non sources,especially in indoor spaces. Do not use plastic. Do not use any non-ferrous metal such as copper.br=ass,brorize.tin..zinc or,galvanized metals.Use only stainless steel,carbon steel or black iron For anhydrous;ammonia containers or piping. ✓ (SSI IA 79 CFR 1910.I I I prescribes handling and storage requirements for anhydrous arnunonia. Refer to Compressed Gas w.ssocitatitsn(CGA)CJ-2.1 for the reconnrrrendatfons lor the storage:and handling ofanhydrous ammonia. VE ITILr1TION— Local exhaust should he sufficient to keep anemones vapor below applicable exposure standards. WORKPLACE PROTECTIVE EQUIPMENT: Protective equipment should be.stored near,but outside ofanhydrous ammonia area. NN"ate:r for first aitl,such as an etewush station and safety shower.should he kept available in the€mmedi atevicinity.See 29 CFR 9910,1 11 for workplace requirements, DISPOSAL- See ISPOS,AL:See Section 13 Disposal Considerations. Classified as Resource C:onscrnvation and I cQovery Act(RC'RA) Ilazardous W-U[e due to corrosivity with desi,nation Dot)?,if disposed of in original fbrtn. Revision: May 1. 2017 Anhydrous Ammonite Page 3 of`8 Page 135 of 1055 Section&.Exonsure Controls f Personal Protecti Dn EXPOSURE LIMITS FORA.'t NIONIA:(Vapor) OSHA 50 ppm.. 35 rag r m- 111-1 8 hour TG'<'A NIOS4-1 35 ppm, 27 mw,i in' S`I`LL 15 minutes 25 ppm, 18 nr 5 r rt7' RE:L 10 hour 300 ppra, IDI-1 ACGIII 25 ppm, I8 m2 r in' LIA' 8 hour-TINA 35 ppta. 27 mg, tn'SIL_I. I Enintr[es PROTECTIVE E UIPME;NT: EYE/FACE PRO ECTICON':Chemical splash(*ogles should be torn when handling anhydrous anttnonia.A face shield can be worry ovCr chem cal splztskt` ,les zu adtfiCional prole ctit rt. f.3t brit +car ont,r t lenses w}7cr handl in anhydrous ttinanunart. Refer to 29 CFR 1910 133 for OSVIA eye protection regtarcrnenes. SKIN' PROTECTION': Ammonia impervious glwes and cloth€n (,itch as neoprene, lau[yl and Teflon) _Should he worn to prevent contact daring normal 01)era0011s.such as loadim.unloadmu,and trans)"ers. Chemical boots can he worn a,additional prote.:tion. RESPIRAI ORY PROTECTION:Rcspiraton proteenon approved b� NIoSII forantmonia must be used«lien applicable safety and health exposure limits are exceeded. For escape in emer�eneies.NIOSH approved respirator}protectiorr should he used,such tis a full-face`its mask and canistersrcartridaes approved for ainmonia or SCpA. A positive pressuru SC BA is required for entry into an-nutsntaatmospheres at or above 300 ppm(ID1. 1). Rel�r to 29 CFR 1910.134 and ANSI:I88.2 Liar OSHA respiratory protection requirements. Mao rcler to 29 CFR 1910;111 nir respirators protection requirements at bulk installations. VE NTILA-HON: I.;oca]C. haUSI.siaottld he sufficient to keep ammonia vapor bete>vv applicable cxposure standatrds. FOR A I[AZARDOUS',IAT'LRML RE[,-EASE RESPONSE: Level A<mci or Level LI en emhle inc:ludintz positive-pre ;sure SCCA should be used. A positive,pressure SCIS,\ is required for cntrinto ctanmonia atmospheres at or ab€tve 300 ppnr I IDI-11). LSedion 9.Ph4si6l'and Chemical Properties APPEARANCE AND ODOR: Colnrtess liquid Or =its with a pun,Nnt odor.Odor threshold 2-a pptat. SOLUBILITY IN WATER. (Per 100 pounds of%a tater):96.9 pounds:tt 32'F= 51 pounds at fab'F SPECIFIC GRAVITY OF GAS fair= 0: 0.596 at 33'F SPECIFIC GRAVITY OF LIQUID{water 1): Oi 682 at-28 'F(C oraparet{to water m 9'F) WEIGHT(per gallon): 5.15 pound's at Ell'F I'D: Not applicable(I hl-hly alk.ahnotase). BOILING POINT: -28'F 7t I Alm, FORMULA: NFI; MOLEC GLARWEIG filT: 17.03 tN'I-i;i F'LA 4INIABILITY FLASHPOINT: None FLAMMABLE LINIITS OF VAPOR IN AIR: I,L:I_ t.tLL ICS u to 251%' (1istecl iia thv.v£CJSH Pi_c'kei Guide to Ch h.:i rc;s !5"ia to 29%). AUTO IGNITION TEMPER.-kTURE: 1.204'P(If'catalvzed). L. 70'I=jf un-t atal�zeci). CRITICAL TEMPERATURE: 271.-1'F DECOrMPOSI I'ION TEMPERATURE; -108.4 F GAS SPECIFIC VOLUME: 20.75 F t-VI_,h at 32'F and I -:`atm. VAPOR DENSITY: 0.0481 Lb/W at 32"F LIQUID DENSITY. ?8.00 LbrFt'at 70 3F VISCOSITY: 03.00982 cP at 68'F EVAPORATION RATE: Not applicable APPROXIMATE FREEZING POINT: -108°I: VAPOR PRESSURE: 114 psi,,at 70'F SURFACE TENSION: 23.=4 Dvne:s f cm at 52'F CRITICAL PRESSURE; I I I.5 Atm PARTITION COEFFICIENT: -114 at 77'F Revision: May 1.2015 lnhsdrousAmmoni,a I'a�,L oi'8 Page 136 of 1055 Section IQ-Stability and Iteacti-ity, REACTI V rry: Anhydrous arnmonia has potcntialll explusivc reactivaas+v ith strtrn oxiclirers.r nlavdeo as anamonitt Formas expldrsi e mixtures in air with hydrocarhons,chlorine, iluurine and silver nitrate.Anhvdrous anunonta reacts to form e.xplosk e products,mixtures or compounds xrith mercury,IWId.srlvel-,iodure,h-onrinc,silver oxide and sitter chloride. CHEMICAL STABILITY: Stable under normal .Lmbient conditions or teraaperature and pressure I leatrn�-'a closed container cause,vapor pressure to increasc. Will not polynicrize. POSSIBILITY OF IIAZARDOLS REACTIONS: Will react ex4--0cinnically with acids and water. CONDITIONS TC)AVOID: Avoid anhydrous ammonia contact t+,ith chlorinc,Milch trims dell]c)ranline gas. Miich is a primary skin irritant and sensitizer Avoid contact vvi[Ea alvanizcd surfaces.copper,hruss,bronze. mercur} ,old and silver.A corrosive reaction will ocs:ur. INCO IPATIBLE MATERIALS: Anhydrous armuonia is incompatible Latta ac;cialdehvde, ucrolein, boron,c.hEoric acid,chlorine raaonoxide_chlorites.niirogen terve idc. Perchlorate.sulfur,rin and strong acids. HA7—kR QUS DECOMPOSITION PRODUCTS. Anhydrous tdecomposes such hydrogen above cl%lcht temperatures may be loweredcontact with certain metals, as iron.nickcl and zinc ard byautl_+tie sur#-aces such as porcelain and.puanice. SCcti0it It.Tasxicola tical In ortuati©tt Potential health effects:.Annronia is an irritant and corrosive to the skin,Lyes.resprr;atury iraact and mucous mc!tubranes. Exposure to liquid or rapidl4 expanding.gases may cause severe chemical horn;and Frostbite to the encs. lungs and skin. Stein and respiratory related diseases Could be aggravated by exposure.The he,extent of in-jun produced by ctposure to anuaaonia depends on the duration est the exposurc,the,concentration ofthe liquid,gas or vaapor and tlae depth of inhalation. Exposure Routes: Inhalation(vapors, p . kin ad,01- 1oact ivp>s, liquid,-,as). Symptoms of acute exposure: Inhalation: Exposure haat result in severe irritation andlor burns of the nose-throat raid respiratory tract, Mav cau54 dyspnea (breadlin,difficulty),wheezing,chest pain,bronchospasm.pink IIrothy sputum,pulujonary edesaaat or icspiratury arrest, I;.Xtrs rrac Cxpostrre may result in Beath from spasm, intlarnmation or,edema. Respiratory injury nary appear as a delayed phenomenon.Pulnanmary cdcma may folluvv chemical bronchitis Br iefinhalation exposure to 5,(100 ppan may be Fatal. Skin; Irritation,corrosive burrs, blister forT 3tiOn(vesieulation)may result.Contact with liquid may produce freeze burns (frostbite)and caustic bunts. Ey Vapors may causo severe irritation. Tearing,eye burns,permtancrat eye damage or blindness may occur.Effects ofdirect contact:mai rano Isom irritation and lacrimariun to severe iq)urvy and blindness. lnlpcstion: Ingestion is unlikely since the material is a;as under normal atmospheric conditions il'in+lc,tcd,it may cause burns and corrosion-severe pain of tlic naocath,throat,esophq us and stomach or may f be fatal ` Chronic Exposure: Repeated exposure to ammonia may cause chronic irritation of the eyes and respiratory tract. Toxicity: LC';,,-5 131 mg/m3(7338 ppm)tea 1 L592 nig/m3(t6,600 ppm).60 minute exposure,Rat. 11)<<)=350 mgr r kg(Oral r hail Not listed in the National Toxicology ProLnana I'v l-P). Not recognized by OSHA as a carcino-cn. Not listed as a carcinogen by the Interni€tikmal.Agency f6r Research un Cancer(IARC monooraaph), Caere cell mutat=cnic[ty iniornaation is iautuvailable Reproductive toarcityr information is not available. Revision: May t,2W5 Anhydrous Arnmonia Psw 5 o1'9 Page 137 of 1055 Seetion<a12y Gcaiid�ical lnfor>tztatdoal Ammonia is h;u-mFul to a u ttic hle at sery fo%v concemration .Notih local health and rrildlilc offlicials and operatoi-s of any neaubv water intakcs upon contPaminatioa orsurtaec water. Toxicity: i r rrsstrial�l int:'LOEC=3-250 ppm Nf l;. Aquatic lints. LOEC -0.5-500 mg,Nl i,-N L- Acwe toxic€[v to jnyertebratet 48 h LC50=2.94 Tnr~ucl-ioniZifd N t 13-Ne,L Chronic to,Niciiv to inverie:bt atCS-NOEC=0 163-0.42 me un-ionized N14 1.-, Acute toxicity to i saes:96-h: LC-50=0.09—3.51 HIP un-ionized N1Ii/L. Chionic tei iuity°to fish.NOEC=0.025-1.2 nag,un-ionized NI-13/L. Environmental Fate Information: Animonira dissipates relatively qu€ckk in ambient stir and ral)iil14 returns to the sail via combination with sulfate ions or washout by rainfall.Arnrnonia suongly adsorbs to soil.sedirnent particles and colloids in v+atter under aerobic conditions.Biodeylradation ofammonia to nitraic occurs in%vattr under aerobic conditions resultin-in a bioloLical ox -011 demand(BOD), Persistence/Degradability: Biod,griadable in soil.Ozonation in elle air.Soluble tri i5ater. 13ioaccumulative Potential: Not applicable. `vlobility in Soil: Net additional inFonnaiiora available:. Other Adverse Effects: No additional inlorrnation available. seioat .7tlsl Consderatitang Dispose oFunused contents/container in accordance vvitlt luc.ilrr uionalinariunair' terntrtional regulations as applicable. Listed as hazardous sulbsttance tinder the Cleary Water Act(CVS A)(40 CFR 116,4 and 40 CFR l 17.3). Classttied as hazardous vv este under the Resource;.Conser-viation and Reuovery Act I RC'R aj(40 CFR 261.22 Corrosne,-1.)0021. Comply with all reLulmions. Suitttbty diluted product mau be utilized as fertilizer an aLricultural land. For hazardous waste regulations information call the,RCkA Hotline(800)42-1-9346,or visit the.LS IPA ieebsite. section 1 3ran§ art Ttttormt€on LIS Department of Transportation I IAZARD CLASS: (ISS Domestic):2.2(Non l Limmable Gas) dnte.rnattonitl):2. (Poison Gas).subsidiary 8 (Corrosive) PROPER SHIPPING DESCRIPTION: 1415 Domestic) I N]005.Ammonia,Anhydrous.?2,Cif , Inhalation Maraud (InWrtiationu,l): L-s1O05_Ammonia.Anhy-drt7us,2.3.(S).RQ, Poison Inhalation Hazard Zone"D,. LA13F1.:'PLACARD WS Domestic)• Non-Flaanmable Gos *11\ (International). Poison Gas,Corrosive(Subsidiartl SIN.�TI�N� r••r \fir IDENTIFICATION NUMBER: UN 1005 EN V I RON MF.N^TAI,FIA ARDS: Revision: ,'flay 1, 2015 Anhydrous,'Ammonia Pa e 6 ofs Page 138 of 1055 IMDG,KnokNn,Nlarine Pollutant:N10 United Mations Model Regulations. Environmentally Haraardous:No Seddon 15,.ite tafa�ry tnfortta�ttitln SubJect to the reporun� requirements cif` Section 302, Section 304. SeLtion _;12 and Sccuori 311 "title I11 of the Superfund Amendments and Reauthorization Act(SARA)or 1996 and 40 CFR 372. l"finder the Comprehensive Environmental R.:sponsc. Compensation- and Liahilit% Act of 19$0 (CLRCLA), Section IIP_,. an\ environmental release of this chemical equal to or over the reportable quantity of 100 pounds must he reported prompt[% to the National Response Center.Washinl-ton,L C.(1-800-424-8802). I'mer-oncy Plannine dr Co ratnuuit} Right to Know Act,(ITCRA)exrrcmcl hazaa'claxaS SUbSt,ince.40 CFR 355,"1 isle lll.Section 3302 Ammonia Threshold PlannnaR Quanlii; i FPQ)100 pounds. Fovic Substances Control Act(FSC'A): Listed in the TSCA Inventor, EPA Hazard C ateuoriel-Imm_.diwe: Yes Deleted.Nol Fire: No:Sudde❑ItClectse.:Yes;Reactive:No Clean Air Act-Section 112(a), listed under EPA's Risk %lanagenaent Program{R.I IP)- ata CI:R Part 69,at storape/process amounts -eater than the Threshold Quantic, (IQ)Of 10.000 pounds{amtnonia,anhGdr-OUs), AnliNdrous ammonia is listed under Deparlmc€rt of floni6and Security regufation v CFR Part 27,Chemical.Facility Anti-Terrorism Standards at storm:; /process amounts«reater than the threshold quantity of 10,000 pounds(ammonia.anhvdrot€s). Occupational Satevy&health Administration(()SHA):This material is considered to be hazardous as defined by the OSHA Hazard Communication Standard 29 CFR 19 10 1200.This nrateriai is Subject to Process Safety Manageiricni.requirements of 29 C"FR 1910 119 if rrraintaained on-site,including,storage process.in quantities of 10,000 pounds(lmrttot ia.anh}dreatts)or treater. Section, 6.Other Inf6rmati n " Preparation 1ni`orntation:Revision Date`1lav t,201 Prepared by": HJS Replaces all previously dated versions. Revisio"s to this Safety Data Sheet have been created to cornplN with the requirements cit"rbc OSHA I l v.arc{c_rrrrttnuiucatit,a [-inal R-d,w issued to 20l21Ha&oett 2.111_'i. Acronvm_s: ACG111 American Conference of Governmental lndustriwal H4enists ANSI:American`national Standards Ins irate CAS:Chemical Abstracts Service CFR:Code of Federal R02ulations DFIS:Department orI lorneland Security DOT:Department of Transportation LPA: Environmental Protection Aaencv 14NIIS: Harardnus Materials Identification S%stenr IARC: International Agency Cor Rescat-ch on Cancer IDLI-L Immediately Dangerous to(vice or Health IMDG: h7ternationat\4aritime Dana ccrous Goods NEPA:National hire Protection Association. `v OSFI 'National Institute roiOccupational Safety and Health NTP:National Toxicology Program OSHA Occupational Safety and 1-lealth,Administration PF.L: Permissible.Exposure Limit PPivt:Parts Per Million RCRA: Resource Constrva[ion and Recovery Act REL. Recommended Expo,urc Limit `_sCBA.SelfContaiared Breathind,kpparatus Rivisiora: via) L 2015 Anhydrous An-i rronita Pae 7 erf8 Page 139 of 1055 SI EL Short -Troll Exposure Limit I LV:Threshold 1-11flit V21UC T%k A: Fime\Vcjcht,!d AveraLe Disclaimer� I he information,data.and reconllil,,-Indations in this saf,�t data sheet relate()Jjj},to[fie specific material desiumned herein and do no, relate to Use in cornbinwion kith an,*ti other material cjl�in ally�process, To the best ofour kno%%IcdLe,the in&-rnation,data-and recommendations set mirth herein luc beffeved to be accurate, GS make no%�arrantics,either exj-.)r`csscd or implied.with respect thereto and asunle no liabiNv ill collnectioll Stith am,use of such illf'ornamion.data,and recornmcndation .JUd,-!errenti as to the suitabilm of the inibrmation contained herein 6or the pajly°s own use or put-Inoses 11-C solely the responsibility ot'that party.Any party handling,iran,�fcrrino,transporting sloring.appking or odlet-WiSe LISin" his product should rcvie%v ihorough'iy all applica-ble laws, rules, rc2LIlations.standards and�!00(1 C112ineerilw,pmaices.Such chorLA1211 T-L�Vjerw should occur bel-ore tfie-pari�,handtcs,irati,;fas, transpol"i stores,applies or otherWise uses this product. Revision: Ma� 1,2015 Anfivdrous Ammonia Page S ol'8 Page 140 of 1055 The City of Boynton Beech .1bTdimp nf890dho8dh Norido 33425-0310 FAX.P.(060;F424316 September 3, 2020 RFQ: MINOR CONSTRUCTION SERVICES RFQ No.: 018-2511-1811T Agreement between the City of Boynton Beach and Creative Contracting Group AGREEMENT RENEWAL TERM: AUGUST 20, 2020 UNTIL ANEW RFQ IS AWARDED. _3ZYes, I agree to renew the existing agreement under the same terms, and conditions until a new RFQ is awarded. No, I do not wish to extend the agreement for the following reason(s) CREATIVE CONTRACTING GROUP NAME OF COMPANY SI ZIi NAME OF REPRESENTATIVE TITL (please print) �( • � • �� t 333 I �`�� DATE (AREA CODE) TELEPHONE NUMBER C `TI i E-MAIL America's Gateway to the Gulf Stream Page 141 of 1055 i The City of Bo nton Beach Finance/Procurement Services P.O. Box 310 ` Boynton Beach,Florida 33425-0310 Telephone Na: (561)742-6310 FAX. (561) 742-6316 August 25, 2020 BID: HYDROGEOLOGICAL CONSULTING SERVICES BID NO. 023-2821-1811T Agreement between the City of Boynton Beach and JACOBS ENGINEERING GROUP, INC.: RENEWAL TERM: SEPTEMBER 10, 2020 THRU SEPTEMBER 9, 2021 X Yes, I agree to renew the existing agreement under the same terms, conditions, and pricing for an additional one-year term. No, I do not wish to renew the bid for the following reason(s) JACOBS ENGINEERING GROUP, INC. NAME OF COMPANY SIGNATURE Ellen B. Patterson Vice President._Oerations Lead NAME OF REPRESENTATIVE TITLE (please print) August 31 2020, 1561) 914-0192 DATE (AREA CODE) TELEPHONE NUMBER el len.patterson aacobs.com E-MAIL America's Gateway to the Gulf Stream Page 142 of 1055 The City of Boynton Beach Finance/Procurement Services P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone No: (561) 742-6310 9 FAX (561) 742-6316 August 24, 2020 Sheldon Mullings, President Mullings Engineering Services, Inc. 6289 W. Sunrise Boulevard, #122 Sunrise, Florida 33313 VIA EMAIL TRANSMITTAL TO: mullingseng&hotmail.com REF: BID NO. 033-2730-18/IT—SOD AND SOD INSTALLATION (ANNUAL CONTRACT) CURRENT BID TERM: OCTOBER 1, 2019 thru SEPTEMBER 30, 2020 Dear Mr. Mullings: The current bid term for the "SOD AND SOD INSTALLATION (SOUTHEAST FLORIDA GOVERNMENTAL PURCHASING COOPERATIVE AGREEMENT)" awarded to Mullings Engineering Services, Inc. expires September 30, 2020. We have been very happy with Mullings Engineering Services service. The bid document allowed for three (3) additional one-year extensions and we would like to extend the bid for an additional one-year period with the same terms, conditions and pricing. Please indicate your response on the following page and return it to Procurement Services via email to woodi&bbfl.us at your earliest convenience. If you should have any questions, please do not hesitate to call Randy Wood, Contract Administrator at (561) 742-6322. Sincerely, Randy Wood Contract Administrator cc: Andrew Mack, Director of Public Works and Engineering Matt Doyle, Project Manager/Landscape Architect File jma America's Gateway to the Gulf Stream Page 143 of 1055 The City of Boynton Beach Finance/Procurement Services P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone No: (561) 742-6310 9 FAX (561) 742-6316 August 24, 2020 REF: BID NO. 033-2730-18/IT—SOD AND SOD INSTALLATION (ANNUAL CONTRACT) Agreement between the City of Boynton Beach and Mullings Engineering Services, Inc.: PROPOSAL RENEWAL TERM: OCTOBER 1, 2020 thru SEPTEMBER 30, 2021 X Yes, I agree to renew the existing bid under the same terms, conditions, and pricing for an additional one-year term. No, I do not wish to renew the bid for the following reason(s) Mullings Engineering Services, Inc. NAME OF COMPANY SIGNATURE Sheldon Mullings President NAME OF REPRESENTATIVE TITLE (please print) 08/26/2020 954-583-2441 DATE (AREA CODE) TELEPHONE NUMBER mullingseng@hotmail.com E-MAIL America's Gateway to the Gulf Stream Page 144 of 1055 The laity o ounton Beach. Finance/Procurement Services P.O. Bax 3101 Boynton Beach, Florida 33425-0310 Telephone No: (561)742-6310 FAX (561) 742-6316 August 24, 2020 Warren Prescott, President Odum's Sod, Inc. 13961 Okeechobee Blvd. Loxahatchee, Florida 33470 VIA EMAIL TRANSMITTAL TO: odurnsodnry rahoo.com REF: BID NO. 033-2730-181sT—SOD AND SOD INSTALLATION (ANNUAL CONTRACT) CURRENT BID TERM: OCTOBER 1, 2019 thru SEPTEMBER 30, 2020 Dear Mr. Prescott: The current bid term for the "SOD AND SOD INSTALLATION (SOUTHEAST FLORIDA GOVERNMENTAL PURCHASING COOPERATIVE AGREEMENT)"awarded to Odum's Sod, Inc. expires September 30, 2020. We have been very happy with Odum's Sod's service. The bid document allowed for three(3) additional one-year extensions and we would like to extend the bid for an additional ane-year period with the same terms, conditions and pricing. Please indicate your response on the following page and return it to Procurement Services via email to woodj@bbfl.us at your earliest convenience. If you should have any questions„ please do not hesitate to call Randy Wood, Contract Administrator at(561') 742-6322. Sincerely, Randy Wood Contract Administrator cc: Andrew Mack, Director of Public Warks and Engineering Matt Doyle, Project Manager/Landscape Architect File America's Gateway to the Gulf Stream Page 145 of 1055 The City v,f" Boynton Beach Finance/Procurement Services P.O. Box 310 „ Boynton Beach, Florida 33425-0310 Telephone No: (561)742-6310 FAX: (561)742-6316 August 24, 2020 REF: BIC! NO. 033-2730-181IT—SOD AND SOD INSTALLATION (ANNUAL CONTRACT) Agreement between the City of Boynton Beach and Odurn's Sod, Inc.: PROPOSAL RENEWAL TERM: OCTOBER 1, 2020 thru SEPTEMBER 30, 2021. Yes, I agree to renew the existing bid under the same terms, conditions, and pricing for an additional one-year term. No, I do not wish to renew the bid for the following reason(s) Odm's Sod, Inc. GAME OF COMPANY �1GNATURE NAME OF REPRESENTATIVE TITLE (please print) 335 q1 ( ' DATE (AREA CODE) TELEPHONE NUMBER -MAIL America's Gateway to the Gulfstream Page 146 of 1055 1 RESOLUTION NO.R18-104 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA,APPROVING THE RANKING AND AUTHORIZING 5 THE CITY MANAGER TO SIGN AGREEMENTS WITH THE 6 FOUR(4) TOP RANKED PROPOSERS TO ESTABLISH A LIST 7 OF PRE-QUALIFIED OF VENDORS FOR MINOR 8 CONSTRUCTIONS SERVICES AND AUTHORIZE THE CITY 9 MANAGER TO AWARD INDIVIDUAL PROJECTS NOT 10 EXCEEDING 575,000; AND PROVIDING AN EFFECTIVE 11 DATE. 12 13 WHEREAS,on June 18,2018 City staff opened and tabulated eight(8)submittals 14 in response to RFQ No. 018-2511-18/IT "Pre-Qualification of Contractors for Minor 15 Construction Services";and 16 WHEREAS, the RFQ was issued with the intent of establishing a pre-qualified 17 list of vendors to perform minor construction service projects which may include building, 18 repairs,upgrades and improvements as may be necessary within the City;and 19 WHEREAS, the City Commission of the City of Boynton Beach upon 20 recommendation of staff,deems it to be in the best interest of the citizens and residents to 21 approve the ranking and authorize the City Manager to sign Agreements with the four(4) 22 top ranked proposers for RFQ No. 018-2511-18/IT for"Pre-Qualification of Contractors 23 for Minor Constructions Services." 24 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION 25 OF THE CITY OF BOYNTON BEACH,FLORIDA,THAT; 26 Section 1. The foregoing"Whereas"clauses are hereby ratified and confirmed 27 as being true and correct and are hereby made a specific part of this Resolution upon 28 adoption.. 29 Section 2. The City Commission of the City of Boynton Beach, Florida, 30 hereby approves the ranking and authorizes the City i4lanager to sign Agreements with the C'dJsers\Stanzionel'\AppBatau.ocal\Microsoft\Windows\Temporary Internet Files\Content.IF9.S2FYTF.OE\:1pprove_Ranking_and_Agreement_with_4_Minor_Consiructic)n_Services___Reso.doex Page 147 of 1055 31 four (4) top ranked proposers for RFQ No. 018-2511-18/IT for "Pre-Qualification of 32 Contractors for Minor Constructions Services," copies of each Agreement is attached 33 hereto and incorporated herein. 34 Section 3. That this Resolution shall become effective immediately. 35 PASSED AND ADOPTED this day of /l 0 G US'Z2018. 36 CITY OF BOYNTON BEACH,FLORIDA 37 YES NO 38 39 Mayor—Steven B.Grant 40 41 Vice Mayor—Christina L.Romelus 42 43 Commissioner—Mack McCray 44 45 Commissioner—Justin Katz v' 46 47 Commissioner—Joe Casello 48 _ 49 VOTE {) 50 ATTEST: 51 52 53 54 Judit A.Pyle,CMC 55 Cit Jerk 56 57 58 (Corporate Seal) CAO se"AStanzionelAAppData\Local\Microsoft\Windows`,Temporary Internet Files\Content.IE5\52FY,rEOE1Approve_Ranking_and_Agreement_with_4_M inor_Constructioq_Sm ices_-_Reso.docx Page 148 of 1055 The City of Boynton Beach Finance/Procurement Services P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone No: (561) 742-6310 FAX: (561)742-6316 August 25, 2020 George Gentile Gentile Glas Holloway, O'Mahoney&Associates 1907 Commerce Ln. Ste. 101 Jupiter, FL 33458 VIA E-MAIL TO: george@2gho.com RFQ: GENERAL ENGINEERING CONSULTING SERVICES SCOPE E: ARCHITECTURAL AND LANDSCAPE DESIGN SERVICES RFQ NO. RFQ 046-2821-17/TP CURRENT AGREEMENT TERM: AUGUST 20, 2019 THRU AUGUST 19, 2020 Dear Mr. Gentile: The current agreement term for"GENERAL ENGINEERING CONSULTING SERVICES- SCOPE E" awarded to Gentile, Glas, Holloway, O'Mahoney&Associates expires on August 19, 2020. We have been very happy with 2gho and we would like to extend the agreement for an additional one-year period with the same terms, conditions and pricing. Please indicate your response on the following page and return it to Procurement Services via email to alibrandi'Qbbfl.us at your earliest convenience. If you should have any questions, please do not hesitate to call Julie Alibrandi at (561)742-6308. Sincerely, Randy Wood, CPPB Purchasing Manager Financial Services America's Gateway to the Gulf Stream Page 149 of 1055 The City of Boynton Beach Finance/Procurement Services P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone No: (561) 742-6310 FAX: (561)742-6316 August 25, 2020 RFQ: GENERAL ENGINEERING CONSULTING SERVICES SCOPE E - ARCHITECTURAL AND LANDSCAPE DESIGN SERVICES RFQ NO. RFQ 046-2821-17/TP Agreement between the City of Boynton Beach and Gentile, Glas, Holloway, O'Mahoney & Associates: RENEWAL TERM: August 20, 2020 to August 19, 2021 X Yes, I agree to renew the existing agreement under the same terms, conditions, and pricing for an additional one-year term. No, I do not wish to renew the bid for the following reason(s) GENTILE,GLAS,HOLLOWAY,O'MAHONEY&ASSOCIATES NAME OF COMPANY SIGNATURE George G. Gentile Sr. Partner/President NAME OF REPRESENTATIVE TITLE (please print) August 25, 2020 (561) 575-9557 DATE (AREA CODE) TELEPHONE NUMBER George@2GHO.com E-MAI L America's Gateway to the Gulf Stream Page 150 of 1055 The City o Boynton Beach Finance/Procurement Services P.O. Box 310 Boynton Beach,Florida 33425-0310 Telephone No: (561)742-6310 FAX. (561)742-6316 August 26, 2020 BID: GENERAL ENGINEERING CONSULTING SERVICES SCOPE B- INFRASTRUCTURE IMPROVEMENTS AND EVALUATIONS BID NO. RFQ 046-2821-17/TP Agreement between the City of Boynton Beach and AECOM Technical Services, Inc.: RENEWAL TERM: September 7, 2020 to September 6, 2021 _X—Yes, I agree to renew the existing agreement under the same terms, conditions, and pricing for an additional one-year term. No, I do not wish to renew the bid for the following reason(s) AECOM TECHNICAL SERVICES, INC. NAME OF COMPANY SI RE Angel Carrasquillo Vice President NAME OF REPRESENTATIVE TITLE (please print) Sept 1, 2020 305-646-8442 DATE (AREA CODE) TELEPHONE NUMBER angel.carrasguiilo _aecom.com E-MAIL Page 151 of 1055 America's Gateway to the Gulf Stream The City of Boynton eac Finance/Procurement Services P.O. Box 310 Boynton Beach,Florida 33425-0310 Telephone No: (561)742-6310 FAX. (561)742-6316 August 26, 2020 BID: GENERAL ENGINEERING CONSULTING SERVICES SCOPE D- TRANSPORTATION SERVICES BID NO. RFQ 046-2821-17ITP Agreement between the City of Boynton Beach and Baxter&Woodman, Inc.: RENEWAL TERM: August 20, 2020 to August 19, 2021 X Yes, I agree to renew the existing agreement under the same terms, conditions, and pricing; with the name change of the company to Baxter&Woodman, Inc., for an additional one-year term. No, I do not wish to renew the bid for the following reason(s) BAXTER &WOODMAN, INC. 7 NAME OF COMPANY S1 -NATURE Rebecca Travis Executive Vice President NAME OF REPRESENTATIVE TITLE (please print) J*4/ 2?44 Z 0 (561 655-6175 DAT (AREA CODE)TELEPHONE NUMBER rtr i�(w. t oodman.00rp E-MAIL America's Gateway to the Gulf Stream Page 152 of 1055 ryit•. "r �) 4 1 so,,' s tri ; V• €F >? 4 �; �#It, rx.i;4 is 1 z, r., .. 1 +• ,U,. # July 25th, 2019 BUSINESS NAME CHANGE ANNOUNCEMENT Baxter&Woodman, Inc. and Mathews Consulting merged in July 2016. Since that time,we have doubled our Florida staff, added additional engineering expertise, and opened a Fort Lauderdale office to serve clients. We have worked hard to become one team/one firm,while still providing the personal, responsive service you deserve. Beginning August 1,2019,we will formally change the business name from athes Consulting,a Baxter&Woodman company to T,Baxter&Wogdman,_Inc. We are excited to move forward under a single name and purpose—providing our clients with exceptional planning, design, construction and technology services for water, wastewater,storm water and transportation facilities! We look forward to the opportunity to serve you. Sincerely, BAXTER&WOODMAN, INC. BAXTER&WOODMAN, INC. CONSULTING ENGINEERS CONSULTING ENGINEERS John V. Ambrose, PE Rebecca Travis, PE, ENV SP President/CEO Vice President/Florida Division Manager Page 153 of 1055 FI®rldaDeDartmentofState DIVISION OF CORPORATIONS Detail by Entity Foreign Profit Corporation BAXTER&WOODMAN, INC. Filing Information Document Number F16000002059 FEI/EIN Number 36-2845242 Date Filed 05/02/2016 State IL Status ACTIVE Last Event AMENDMENT Event Date Filed 08/16/2016 Event Effective Date NONE Princl2al Address 8678 RIDGEFIELD ROAD CRYSTAL LAKE,IL 60012 Mailing Address 8678 RIDGEFIELD ROAD CRYSTAL LAKE,IL 60012 Reaistered Agent Name$Address AMBROSE,JOHN V 477 S ROSEMARY AVENUE SUITE 330 WEST PALM BEACH,FL 33401-5798 Officer/Director Detail Name&Address Title CHAIRMAN/CEO AMBROSE,JOHN V 7300 BRAE COURT GURNEE,IL 60031 Title VC,VP,Treasurer HAUSSMANN, LOUIS D 104 S.OAK STREET CRYSTAL LAKE,IL 60014 Title DIRECTOR/VICE PRESIDENT Page 154 of 1055 WOLD, DEREK J 842 Chancellor Court Naperville, IL 60540 Title DIRECTOR,SECRETARY,VICE PRESIDENT FINN,DEBORAH 8700 SHADE TREE CIRCLE LAKEWOOD, IL 60014 Title DEPUTY SECRETARY BIANCHIN,ANTHONY E 300 WARWICK LANE LAKE IN THE HILLS, IL 60156 Title VP MATTHEWS,DAVID L 202 PALMETTO LANE WEST PALM BEACH, FL 33305 Title DEPUTY SECRETARY,VP Travis,Rebecca Mary 4880 Gateway Gardens Drive Boynton Beach,FL 33436 Title DEPUTY SECRETARY,VP Cutler,Aaron I 3868 Lake Tahoe Circle West Palm Beach, FL 33409 Title Deputy Secretary Dachsteiner,Mark L 5000 North Ocean Boulevard 1402 Lauderdale by the Sea,FL 33308 Title Deputy Secretary Scott,Kyle 4024 Rapids Court Orlando,FL 32822 Title VP, DEPUTY SECRETARY Cassagnol,Claude L 98 South Semoran Blvd Orlando,FL 32807-3229 Page 155 of 1055 Annual Reports Report Year Filed Date 2019 01/02/2019 2019 11/13/2019 2020 01/15/2020 Document Images ""J' --DF fm-nal 'L_J, ANNIUAL Ri PORI mge 41, I 111=019,MWENDED ANNUAL REf�t,✓B-- "Oew i I n,a g e i n,P �IDF`onnW ANII L,EE P R, ANNUAL REPOR,". n F v 7s 0 N P RT Vievy innage in PUIF 08 Aewirnage hn, foraw I Florida department of Stae,DwNw of Corporations Page 156 of 1055 The e City Of ,FinancelProoirement 5,r Ices PO,Box 310 Boynton Beach,Florida 33425-0310 Telephone,Vo, (561)742-6310 fiAX-, (561) 742-6316 Boynton Beach August 24,2020 'Kathleen Hernandez.President Sunset Sod, Inc. P.O.Box 160744. Miami,Florida 33116 VIA EMAIL TRANSMITTAL TO. sodoagj2te.Uet REF-.BID NO.033-2730-181IT—SOD AND SOD INSTALLATION(ANNUAL CONTRACT), CURRENT BID TERM. OCTOBER 1,2019 thru SEPTEMBER 30,2020 Dear Ms,Hernandez: The current bid term for the"SOD AND SOD INSTALLATION(SOUTHEAST FLORIDA GOVERNMENTAL PURCHASING COOPERATIVE AGREEMENT)'awarded to Sunset Sod,Inc-expires September 30, 2020, We have been very happy with Sunset Sod's service. The bid document allowed for three(3)additional one-year extensions and we would like to extend the bid for an additional one-year period with the same terms,conditions and pricing. Please indicate your response on the following page and return it to Procurement Services via email to ApodghLfl-us at your soonest convenience. If you should have any questions,please do not hesitate to call Randy Wood at(561)742-6322. Sincerely, Randy Wood Contract Administrator cc:Andrew Mack,Director of Public Works and Engineer ng Matt Doyle,Project Manager/Landscape Architect File jma August 24,2020 Page 157 of 1055 REF:BID NO.033-2730-18ff—SOD AND SOD INSTALLATION(ANNUAL CONTRACT) Agreement between the City of Boynton Beach and Sunset Sod,Inc.: PROPOSAL RENEWAL TERM: OCTOBER 1,2020 thru SEPTEMBER,30, 2021 Yes, I agree to renew the existing bid under the same terms,conditions,and pricing for an additional one-year term. No,I do not wish to renew the bid for the following reason(s) Sunset Sod, Inc. NAME OF COMPANY SIGNATURE -1�ie NAME OF REPRESENTATIVE TITLE (please print) N. oc DATE (AREA CODE)TELEPHONE NUMBER E-MAIL America Gateway to the Gulf Stream Page 158 of 1055 The City of Boynton Beach Finance/Procurement Services P.O.Box 310 Boynton Beach,Florida 33425-0310 Telephone No: (561)742-6310 FAX. (561)742-6315 September 2, 2020 Tanner Industries, Inc. 735 Davisville Road, Third Floor Southampton, PA 18966-3200 ATTN: Mr. Matt Tanner, Sales Administrator VIA EMAIL TRANSMITTAL TO: matttanner( tannerind.com BID: PIGGYBACK OF CITY OF STUART — ANHYDROUS AMMONIA ANNUAL SUPPLY BID No: 2019-100 CURRENT TERM: OCTOBER 1, 2019 THRU SEPTEMBER 30, 2020 Dear Mr. Tanner: The current term for the "ANHYDROUS AMMONIA ANNUAL SUPPLY" awarded to Tanner Industries expires September 30, 2020. The City of Stuart has renewed their agreement with Tanner Industries for an additional one-year period and we would like to continue to piggyback the City of Stuart Bid with the same terms, conditions and pricing. Please indicate your response on the following page and return it to Julie Alibrandi, Sr. Buyer, via email. , at alibrandijbfl.u . Thank you for your excellent service and if you have any questions, please do not hesitate to call Julie Alibrandi at(561)742-6308. Sincerely 14 Randy Wood, CPPB Purchasing Manager C: Juan Guevarez—Manager, Water Quality&Treatment Melissa Roberts—Admin. Assistant America's Gateway to the Gulf Stream Page 159 of 1055 The City of Bo nton Beach Finance/Procurement Services P.O.Box 310 Boynton Beach,Florida 33425-0310 Telephone No: (561)742-6310 FAX: (561)742-6316 September 2, 2020 BID: PIGGYBACK CITY OF STUART ANNUAL SUPPLY OF ANHYDROUS AMMONIA BID No.: 2019-100 Agreement between the City of Boynton Beach and TANNER INDUSTRIES: AGREEMENT RENEWAL TERM: OCTOBER 1, 2020— SEPTEMBER 30, 2021 Yes, I agree to renew the existing agreement under the same terms, conditions, and pricing for an additional one-year term. No, I do not wish to renew the bid for the following reason(s) TANNER INDUSTRIES NAME OF COMPANY SIGNA E NAME OF REPREStENTATIVE TITLE (please print) - -& l DATE (AREA CODE) TELEPHONE NUMBER E-MAIL America's Gateway to the Gulf Stream Page 160 of 1055 The City of Boynton Beach Finance/Procurement Services P.O. Box 310 Boynton Beach,Florida 33425-0310 Telephone No: (561)742-6310 � FAX: (561)742-6316 September 3, 2020 Steven Neubarth, President Republic Construction Corp. VIA EMAIL TRANSMITTAL TO: steveni@republicconstructioncorp.com RFQ: MINOR CONSTRUCTION SERVICES RFQ No.: 01 8-2511-18/1T CURRENT AGREEMENT TERM: AUGUST 20, 2019 AUGUST 19, 2020 Dear Mr. Neubarth: The current agreement term for the"MINOR CONSTRUCTION SERVICES"expired on August 19, 2020. The City of Boynton Beach plans to issue a new solicitation -'RFQ for Minor Construction Services". Until this new RFQ is issued and awarded, we would like to extend your Agreement with the City of Boynton Beach until the new awards are Commission approved. Please indicate your response on the following page and return it to Procurement Services via email to alibrandiiCc-pbbfl.us at your earliest convenience. If you should have any questions, please do not hesitate to call Julie Alibrandi, Sr. Buyer at(561) 742-6308. Sincerely, Randy Wood, CPPB Purchasing Manager cc: Andrew Mack, Director of Public Works& Engineering, Gail Mootz, Project Supervisor, Public Works File. Page 161 of 1055 America's Gateway to the Gulf Stream The City of Boynton Beach Finance/Procurement Services P.G. Box 310 Boynton Beach, Florida 33425 0310 " Telephone No: (561) 742-6310 FAX: (561)742-5316 September 3, 2020 RFQ: MINOR CONSTRUCTION SERVICES RFQ No.: 01 8-2511-18/IT Agreement between the City of Boynton Beach and REPUBLIC CONSTRUCTION CORP. AGREEMENT RENEWAL TERM: AUGUST 20, 2020 UNTIL ANEW RFQ IS AWARDED. XYes, I agree to renew the existing agreement under the same terms, and conditions until a new RFQ is awarded. No, I do not wish to extend the agreement for the following reason(s) REPUBLIC CONSTRUCTION CORP. NAME OF COMPANY l AT E SMS 7 t C-UR%T -1 NAME OF REPRESENTATIV TITLE (please print) l09 12011 'fit. • '2.` DA (AREA CODE) TELEPHONE NUMBER E=t N E-MAIL Page 162 of 1055 America's Gateway to the GuljStream 6.D. Consent Agenda 9/15/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 9/15/2020 Requested Action by Commission: Review of legal invoices. No action required. Explanation of Request: Legal invoices, including those for outside counsel Risk Management matters, are attached for review by the City commission. How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action: Climate Action Discussion: Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Attachment Goren Cherof Doody & Ezrol PA August 2020 1 nvoices Attachment Goren Cherof Doody & Ezrol PA Risk Litigation oversight August 2020 1 nvoices D Attachment Outside Counsel Readon July 2020 1 nvoice D Attachment Outside Counsel McFadden July 2020 1 nvoice Page 163 of 1055 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 09/02/2020 100 E. Ocean Avenue ACCOUNT NO: 306-0005370 Boynton Beach FL 33435 STATEMENT NO: 32762 Attn: Lynn Swanson Special Fire Assessment HOURS 08/05/2020 MDC Review materials, revise published ad for CMT assessment hearing, advise on mailed notice. 0.30 FOR CURRENT SERVICES RENDERED 0.30 61.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL MICHAEL D. CIRULLO 0.30 $205.00 $61.50 TOTAL CURRENT WORK 61.50 BALANCE DUE $61.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 164 of 1055 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 09/02/2020 100 E. Ocean Avenue ACCOUNT NO: 306-0603180 Boynton Beach FL 33435 STATEMENT NO: 32763 Attn: Lynn Swanson LABOR- General HOURS 08/10/2020 JAC Review, research, and discuss fire employee shift swaps and holiday pay with Julie Oldbury 0.50 08/20/2020 SHB Telephone conference with Oldbury re: take-home vehicle matters. 0.30 08/21/2020 SHB Review correspondence to PBA and follow up with Oldbury. 0.30 08/24/2020 SHB Revise sexual harassment presentation and begin recording. 3.00 SHB Telephone conference with Verrigni re: trials and motions filed by defense. 0.30 08/26/2020 SHB Follow up re: take-home vehicle matters. 0.10 FOR CURRENT SERVICES RENDERED 4.50 922.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL JAMES A. CHEROF 0.50 $205.00 $102.50 SHANA H. BRIDGEMAN 4.00 205.00 820.00 TOTAL CURRENT WORK 922.50 BALANCE DUE $922.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 165 of 1055 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 09/02/2020 100 E. Ocean Avenue ACCOUNT NO: 306-0806020 Boynton Beach FL 33435 STATEMENT NO: 32764 Attn: Lynn Swanson Red Light Cameras HOURS 08/01/2020 PE Converted Boynton notices to PDF/A for 8/1/2020 hearing and e-filed. 2.90 SHB Review and approve NOls. 0.20 08/10/2020 PE Sort organized and prepared 15 Boynton notices for 8/25/20 hearing for SHB approval. Updated tracking log. 3.50 08/11/2020 PE Converted 15 Boynton notices for 8/25/20 hearing to PDF/A and e-filed. 1.70 SHB Various correspondence re: upcoming trials and continuances. Review and approve NOls. 1.00 08/12/2020 PE Prepared Boynton notices for 8/25/20 hearing for SHB approval. 2.20 SHB Telephone conference with Verrigni re: trial outcome and defense motion to continue. 0.60 08/13/2020 SHB Follow up re: MArshall Ives trial. Review and approve NOls. 0.60 08/14/2020 PE Prepared Boynton Notices for 8/25/20 hearing changed the date converted to PDF/A and e-filed. 4.50 SHB Various correspondence re: upcoming trials and defense constitutional motion. Review dockets re: trial matters. Review and approve NOls. 2.00 08/15/2020 PE Prepared remaining Boynton notices, changed date, converted to PDF/A and e-filed. 4.70 08/16/2020 PE Changed the date on Boynton notices prepared converted to PDF/A and e-filed for Boynton 8/25/20 hearing 4.00 08/17/2020 SHB Review and approve NOls. 0.30 08/18/2020 SHB Call to officers re: trial matters; correspondence with officers re: training. 0.30 08/19/2020 SHB Various correspondence and discussions re: upcoming trials. Attend Zoom trials with Judge Damico. 2.50 08/21/2020 SHB Begin preparing response to Defense Motion to Continue; review Supreme Court and oral argument COVID procedures. Follow up with officers re: upcoming trials. 1.50 08/25/2020 SHB Prep for and attend red light camera trials. Telephone conference with Verrigni and Petriello re: upcoming trials and motions filed by defense. 4.00 Page 166 of 1055 Page: 2 CITY OF BOYNTON BEACH 09/02/2020 ACCOUNT NO: 306-0806020 STATEMENT NO: 32764 Red Light Cameras HOURS 08/26/2020 SHB Follow up re: officer training matters. 0.10 08/27/2020 SHB Receive and review various motions to continue. 0.60 08/31/2020 PE Sort organized and prepared 43 Boynton notices for 9/9/2020 hearing for SHB approval. 10.80 SHB Review and approve NOls. 0.50 FOR CURRENT SERVICES RENDERED 48.50 7,198.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL SHANA H. BRIDGEMAN 14.20 $205.00 $2,911.00 PATRICIA EUGENE 34.30 125.00 4,287.50 Photocopies 4.90 TOTAL EXPENSES THRU 08/31/2020 4.90 TOTAL CURRENT WORK 7,203.40 BALANCE DUE $7,203.40 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 167 of 1055 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 09/02/2020 100 E. Ocean Avenue ACCOUNT NO: 306-9001821 Boynton Beach FL 33435 STATEMENT NO: 32765 Attn: Lynn Swanson General Matters HOURS 08/03/2020 GB Emails with City regarding Ric-Man agreement and force majeure/ COVID-19 related correspondence. Reviewed agreement for force majeure requirement and City's letter denial extension of time request. 0.40 SHB Receive and review comments from applicant re: reasonable accommodation request; follow up with Rumpf. 0.30 MDC Review status of TRIM notices. 0.30 JAC Attend telephone conference staff meeting regarding agenda; prepare for city commission meeting; Evaluate and research regarding continuation of virtual city commission meetings and conflict in governors orders; review FEMA agreement COVID-19 disaster relief; Review revise and approve employment agreement deputy fire chief; Review return of seized property request; office administration matters with Lynn Swanson regarding August and September calendar and budget issues 4.40 08/04/2020 SHB Follow up with Clerk's office re: cemetery matters. 0.30 MDC Continued review of TRIM notice matters. 0.30 JAC Prepare for and participate in city commission virtual meeting; follow up notations to agenda; follow up with City Manager Regarding pending items; 5.20 SMS correspondences with staff and counsel for Casa Del Mar related to Fire Truck inspection; review related to Special Assessment for Lake Eden 1.30 08/05/2020 HN Office hours on site. Reviewed and signed agreements on behalf of the City Attorney's Office. Further review of City sign code. 3.20 JAC Commission meeting follow up calls and prep; call regarding sign code revisions; discuss Lenore and Echols foreclosures with HN; follow up on letters transitioning landfill case to new counsel; Call with Len Rubin regarding Hypoluxo/Manalapan transition agreement; Follow up regarding same with Kerry Ezrol and review agreements 3.70 SMS research on special assessment for Lake Eden residents 0.60 08/06/2020 SMS research on mechanism for special assessment based on private canal maintenance; review of Facility Use Agreement with Juvenile Transition Center 1.80 SHB Office hours at City Hall. 4.00 JAC Review Amanda B. correspondence regarding reverter clause and other municipalities ord; follow up correspondence regarding fire station public art mural consent documents;Revise virtual meetings authorization ordinance and declarations of emergency; 3.80 08/07/2020 SMS review of Juvenile Transition Center, Inc. Facility Use Agreement; correspondences related to check for 2601 N. Lake Drive 1.60 Page 168 of 1055 Page: 2 CITY OF BOYNTON BEACH 09/02/2020 ACCOUNT NO: 306-9001821 STATEMENT NO: 32765 General Matters HOURS JAC Review draft letter and discuss with Julie Oldbury regarding Debby Coles-Dobay public records; call Lynn Swanson work; Follow up on art mural letter with Kathryn Matos; review and respond to Lina Busby regarding P3 projects; Review pending assignments and litigation cases with assistance City Attorney 's; audit pleadings; Review bank account forfeiture case with Brian Sherman; Review updated board orders on foreclosure cases from Shane Kittendorf; follow up regarding attorney Daniel Rose and abatement order; review Nichols property letter of intent; Discuss unit 889 status with Quentin Morgan; review fire code revisions 5.50 SHB Receive and review additional revisions to reasonable accommodation agreement; follow up with Rumpf. 0.20 08/10/2020 HN Preparation and attendance of conference call with JAC and Adam Temple to discuss the sign code ordinance. 0.70 SMS call with City staff related to Industrial Way Drainage Easement; draft Industrial Way Drainage Easement; correspondences with opposing counsel for Developer's Agreement with Casa Del Mar 2.50 SHB Follow up re: pending chronic nuisance matters. 0.30 JAC Conference call with staff regarding sign code revisions project; follow up email with city commissioners; Review screenshot/Apple approval; Call with Quinton regarding unit 889 termination; Follow up with Danielle S. regarding assessment letters for Palmar and Bamboo customers; phone conference with Heather regarding Laurore foreclosure. 5.60 08/11/2020 SMS call with Fire Marshall related to Casa Del Mar property; call and correspondences with staff to discuss issues related to special assessment and CSS issue; draft/review easement agreement for Police Station property based on dedication of utilities; draft drainage easement for Industrial Way 2.10 JAC Telephone conferences with Kathryn Matos regarding art murals and sole source consultant; review request for proclamation; review fire department easement request; Review Palmer Road special assessment and tax roll issue; calls with Lynn Swanson regarding pending staff review requests and upcoming agenda; Review active shooter hostile event response from Palm Beach County 4.20 08/12/2020 HN Review of email from Lynn Swanson regarding the DMV auditor's report and phone call to Lynn. Review of email from Lynn to Human Resources regarding the auditor's DMV agreement. 0.20 SMS calls with counsel for Casa Del Mar related to issue points of Development Agreement; calls with staff related to second access road and review of Agreement; review CSS Agreement 1.30 JAC Research and discussion with Mike Cirullo regarding assessments; review agenda items, research and approve regarding same; Review DEA task force document; review Asher agreement; follow up with city clerk and City Manager regarding extension of virtual meetings; review Monterey Community Association proposal and Research CDD dissolution process and assumption of debt liability; follow with Colin Groff regarding retention and production of Town Square documents from third-party custodian 5.60 SHB Various correspondence with attorney Chapman and Powell re: document request. 0.30 08/13/2020 HN On site office hours. Review and signature of cemetery deed. In field inspection of current signage in Boynton Beach. 3.20 Page 169 of 1055 Page: 3 CITY OF BOYNTON BEACH 09/02/2020 ACCOUNT NO: 306-9001821 STATEMENT NO: 32765 General Matters HOURS SMS review draft ISAA Agreement for Floods and call with staff related to common uses; review as built for utility easements at Police Station and correspondences related to Easement Dedication 1.70 JAC Telephone conference with development department staff regarding reverter provisions in zoning approvals; review and approve agenda items; discuss foreclosure cases with Heather N.; Review temporary employment agreements; review Nichols property transaction; office administration issues regarding records and calendar; follow up with Kathryn Matos regarding fire station installation bureau. 3.60 SHB Attend chronic nuisance meeting. Follow up re: foreclosure and lien reduction matters. 1.00 08/14/2020 SMS zoom conference related to Casa Del Mar Second Fire Access and Development Agreement; research on liability of Second Fire Access; draft Agreement with FEMA for ISAA 2.80 JAC Agenda item review in preparation for commission meeting; Review Haver case regarding injunctive relief to enforce code issues; forward same to staff; discuss city liability arising from zoning or building permit approvals with Sean Schwartz. 5.00 08/17/2020 JAC Attend agenda review staff meeting; prepare report on pending foreclosure cases; Continue research regarding extraterritorial assessments; research regarding density credits beyond property lines; update COVID-19 review of federal state county orders and related return to work guidelines from CDC; Follow up on JKM's revisions to Town Square development agreements. 4.40 SMS review and correspondences related to ISAA Agreement with staff; review revised Casa Del Mar Developer's Agreement 0.80 08/18/2020 DS Reviewed revised code of ordinance draft. Drafted email to City re: Ch. 27 revisions. 0.20 SMS review email correspondences related to Casa Del Mar Fire Truck entry; research on liability for Fire Inspection; review latest revisions to Casa Del Mar Development Agreement 2.50 JAC Phone conference regarding Bamboo and Palmar lanes and water-sewer service agreements and billing procedures; review projects and request for publication documents from Procurement department; review amended orders for pending foreclosure cases with Heather N.; Review Parks and Recreation-juvenile transition center agreement and respond regarding same; miscellaneous office administration with Lynn Swanson regarding records and retention issues; Discuss for future case process with Brian Sherman and follow up research regarding same. 4.80 08/19/2020 JAC Conference call with John McNally regarding Sara Sims Wi-Fi contracts; prepare for and attend city commission meeting; Follow up on Fontinot call from attorney; prepare for report on pending foreclosure cases; additional review regarding palmar in bamboo customer connections; review live captioning for city commission meeting issue. 7.20 SMS reserach on fire code and call with ACM related to liability on Casa Del Mar 0.80 SHB Various correspondence re: police records requests. 0.20 08/20/2020 JAC City commission meeting follow up with Lynn Swanson and assistant City Attorneys; telephone conference regarding Clipper Cove courtesy Officers; Palmer Lane telephone conference with Chris R and Danielle. 4.00 Page 170 of 1055 Page: 4 CITY OF BOYNTON BEACH 09/02/2020 ACCOUNT NO: 306-9001821 STATEMENT NO: 32765 General Matters HOURS 08/21/2020 HN Review of pictures of signs and notes regarding the sign code in preparation for conference call with JAC and Adam Temple. Participation in call. 0.50 SHB Various correspondence re: chronic nuisance matters. Receive and review muni pros docs. 0.60 JAC Follow up conference call and activity with staff and HN regarding sign code revisions; review Mike Rumpf Costa Costa deposition status; office administration issues with Lynn Swanson regarding assistant city attorneys and staff pending issues; miscellaneous preparation regarding upcoming budget hearings and fire assessment hearing. 4.30 08/24/2020 SMS call with staff and fire marshall on Casa Del Mar Development; review of temporary easement with Palm Beach County and related correspondences 1.90 JAC Review Costa Costa documents; telephone call with Mike Rumpf regarding deposition; review pending matters for 9/1 agenda; Telephone conference and follow up research for TP regarding CDD finances and voting rights 4.50 SMS review of correspondences and call with staff related to final Easement for 2601 N. Lake Drive 0.30 08/25/2020 SMS review of Easement with the County for dredging and call with staff related to terms and conditions 0.80 JAC Discuss kinetic art fair consultant purchase order with Kathryn Matos; follow up on CDD issue for commissioner; Prepare for and attend planning and development Board meeting; review pending assistant city attorney assignments and related court pleadings 5.30 SHB Review misdemeanor trespass PCs and follow up with state attorney re: case matters. 0.30 08/26/2020 SMS call, correspondences and review with the County related to Amended Easement Agreement for dredging and review of the 50 year Easement; review revise Forgiveness Letter for Forgivable loans; correspondences related to Casa Del Mar Developer's Agreement 1.60 HN Preparation and attendance of zoom conference call with Adam Temple and Mike Rumpf regarding the City's sign code. Review of pictures of various problematic signs throughout the City. Discussion as to next steps and a public workshop. Email to JAC with a summary of the zoom meeting. Email exchange with JAC as to when the public workshop should take place. Follow up phone call to Adam Temple regarding introduction workshop with the City Commission before presenting it to the public. 1.60 MDC Attend office hours, review materials and approve as to form per JAC. 1.50 SHB Various correspondence and Telephone conference with Cline re: fire inspection matters. 0.60 JAC Review and approve agenda submittals; preparation regarding sign code revisions; review fire code related issues and reasonable accommodation request; 3.50 08/27/2020 GB Emails with City regarding documents for Court TV. Edits to releases and email to JAC regarding redlined changes. Legal research regarding difference between negligence and recklessness. Email to City regarding revised releases. 3.00 SMS correspondences related to comments on Industrial Way Easement 0.20 JAC Agenda item review, revision and approval; Send water and sewer utility rate increase statutory requirements to staff and confirm compliance; 4.50 Page 171 of 1055 Page: 5 CITY OF BOYNTON BEACH 09/02/2020 ACCOUNT NO: 306-9001821 STATEMENT NO: 32765 General Matters HOURS SHB Telephone conference with BB staff re: fire inspection matters. Follow up with Temple re: chronic nuisance matters. 0.90 08/28/2020 JAC Office administration matters: review of assistant City Attorney assignments in pending matters; finalize items for agenda; 3.50 08/31/2020 HN On site office hours. Review of Adam Temple's email regarding Mike Rumpf suggestions related to the sign code. Phone call to Adam Temple. Review and sign Cemetery deeds. 1.20 JAC Staff telephone conference to review agenda; review interlocal agreement with FIU regarding Social and racial equity; prepare for city commission meeting; Review Debbie Majors request regarding digitalization of engineering records and research regarding same 3.30 SMS review comments on Drainage Easement and correspondences with staff related to Property Owner benefits 1.30 GB Email with City regarding release with tv network. 0.10 MDC Assist in revising public notice for comp plan hearing. 0.30 FOR CURRENT SERVICES RENDERED 147.50 17,937.50 TOTAL CURRENT WORK 17,937.50 BALANCE DUE $17,937.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 172 of 1055 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 09/02/2020 100 E. Ocean Avenue ACCOUNT NO: 306-9904950 Boynton Beach FL 33435 STATEMENT NO: 32766 Attn: Lynn Swanson Litigation Miscellaneous HOURS 08/03/2020 HN Telephone call with Shane Kittendorf regarding the Ho Property demolition. Research of Jenkins case five years ago where the city had to demolish another property. 1.20 TAD Receipt and review of correspondence re: website issues. 0.10 BJS Review correspondence re: Jean Joseph, review court records, telephone call with Chef Snow, follow up with Tom D'Andrea, telephone call with Jack Fleischmann, and draft follow up correspondence re: Agreed Order 1.50 08/04/2020 TAD Receipt and review of correspondence re: claim and prepare correspondence re:: same. 0.20 JAC Follow up with Heather N regarding pending foreclosures 0.30 08/05/2020 TAD Receipt and review of correspondence re: claim information. Review claim and prepare correspondence to City re: same. 0.20 08/06/2020 BJS Review and follow up re: Jean Joseph/Motion for Return of Property 0.40 08/07/2020 HN Phone call with Shane Kittendorf regarding the order of demolition for the Ho property. Follow up email to JAC about conversation with Shane. Review of emails regarding amending the board order re: demolishing the Ho Property. Phone call discussions with Lynn Swanson and JAC. 0.70 BJS Telephone call with Detective Whitfield re: Seizures and follow up re: Contraband Forfeiture Act/legal research, follow follow up re: Jean Joseph, 1.30 08/10/2020 BJS Draft responses to Motions to Return Property and follow up re: Jean Joseph 1.00 08/11/2020 BJS Follow up re: Jean Joseph/Notice of Hearing 0.30 08/12/2020 BJS Follow up re: Return of Property, Abner Forfeiture, and 20-039453 0.40 08/13/2020 HN Review of case law as to inverse condemnation cases and what case law says is required before demolishing a property. Email to Lynn Swanson for the entire file from the building officials office regarding the Ho property. Discussion with Shane Kittendorf regarding Ho demolition. 2.20 BJS Draft follow up correspondence and finish review re: #20-039453, follow up re: Return of Firearm 0.80 08/14/2020 TAD Receipt and review of correspondence from City re: claims review. Prepare response to same. 0.20 BJS Follow up re: Return of Firearm, revise agreed order 0.60 Page 173 of 1055 Page: 2 CITY OF BOYNTON BEACH 09/02/2020 ACCOUNT NO: 306-9904950 STATEMENT NO: 32766 Litigation Miscellaneous HOURS 08/17/2020 HN Conversation with SHB regarding Ho property demolition. 0.10 HN Review of Boynton Beach amendments to the Florida Building Code. Created a checklist as to requirements to comply with before demolishing property. Review ofjenkins case related to demolishing property. Email to Shane Kittendorf regarding discussion Ho demolition. 2.20 TAD Receipt and review of correspondence from City re: claims. 0.10 BJS Reveiw and follow up re: Return of Firearm/Hughes 0.30 08/18/2020 HN On site: Review of Ho property demolition file as to compliance with FBC. 1.70 BJS Review new forfeiture re: RE: 20-040655/SAINTILMA, Ricardo, follow up re: Jean Joseph Agreed Orders 0.80 08/19/2020 BJS Review and revise order re: Return of Property/Jean Joseph, follow up re: Vincent Hughes 0.60 HN Review of the Boynton Beach Amendments to the 2017 Florida Building Code related to unsafe structures. Review and edit of 2/18/20 board order and notice of demolition that will be sent to Karen and Wing Ho. Email to JAC with drafts. 1.50 08/20/2020 HN Review of all of the Governor's executive orders and Palm Beach County orders to see if any of them would have an impact on the Ho Demolition. 1.10 TAD Confer with City re: question on liability issues for duty. Receipt of correspondence and index code re: same. 0.50 08/21/2020 TAD Receipt and review of correspondence re: claim and update. Review information re: claim and photographs. 0.60 08/24/2020 BJS Reveiw and revise Orders re: Jean Joseph, telephone call with ASA re: Return of Firearm/Martin 0.70 HN Discussion with JAC regarding demolition of Ho property. Email of relevant documents and phone call conversation with Shane Kittendorf to discuss requirements in notifying owner of demolition in compliance with the Boynton Beach Amendments to the Florida Building Code. Email to Shane Kittendorf memorializing conversation related to steps to take related to Ho property demolition cc JAC and Lynn Swanson. 1.90 TAD Receipt and review of information from the City re: claims review re: preparation for same. 1.40 08/25/2020 TAD Attend claims review. 0.90 BJS Reveiw and draft transmittal of orders re: Return of Property/Joseph 0.20 08/26/2020 HN Review of emails from Crystal Gibson and Shane Kittendorf regarding the corrective board order relating to the Ho property. Discussions with JAC regarding applying corrected order to March 2 date. Research on nunc pro tunc orders. Edit of order and email to Crystal Gibson with corrective order. 1.10 BJS Draft Transmittals of Orders re: Return of Firearm 0.20 08/31/2020 TAD Receipt and review of correspondence re: claims information and review. Review documents provided. Receipt of correspondence from City re: engineering department issues and website. 1.80 FOR CURRENT SERVICES RENDERED 29.10 5,965.50 Page 174 of 1055 Page: 3 CITY OF BOYNTON BEACH 09/02/2020 ACCOUNT NO: 306-9904950 STATEMENT NO: 32766 Litigation Miscellaneous RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL JAMES A. CHEROF 0.30 $205.00 $61.50 HEATHER NEEDELMAN 13.70 205.00 2,808.50 BRIAN J. SHERMAN 9.10 205.00 1,865.50 TRACEY A. DECARLO 6.00 205.00 1,230.00 Photocopies 33.60 TOTAL EXPENSES THRU 08/31/2020 33.60 TOTAL CURRENT WORK 5,999.10 BALANCE DUE $5,999.10 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 175 of 1055 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 09/02/2020 100 E. Ocean Avenue ACCOUNT NO: 306-9905184 Boynton Beach FL 33435 STATEMENT NO: 32767 Attn: Lynn Swanson adv. Cleveland, Darren (Federal National Mortgage Association) HOURS 08/28/2020 SHB Receive and review memorandum and case law re: motion for summary judgment. 0.30 FOR CURRENT SERVICES RENDERED 0.30 61.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL SHANA H. BRIDGEMAN 0.30 $205.00 $61.50 TOTAL CURRENT WORK 61.50 BALANCE DUE $61.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 176 of 1055 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 09/02/2020 100 E. Ocean Avenue ACCOUNT NO: 306-9905263 Boynton Beach FL 33435 STATEMENT NO: 32768 Attn: Lynn Swanson Town Square Development HOURS 08/03/2020 RLL Telephone conference call with JAC and DJD to discuss status of termination of parking easements and new temporary parking easements; telephone call to counsel for JKM to request JKM's signature on temporary parking easements; attend telephone conference with DJD, Steve Collins and Dan Nelson to discuss Notices of Completion to be executed on three parcels; work to revise language in Notice of Completions for police station and library/city hall pursuant to discussion in telephone conference call. 2.00 DJD Address status of Easement; Review Notices of Completion; Telephone conference call with Dan Nelson and Steve Collins. 1.80 JAC Review certificates of completion; conference with DJ Doody and Rachel Leach regarding surveys and easements, certificates of completion, and miscellaneous town Square completion issues; prepare for discussion with city commission regarding JKM deadlines and options; Review of high school completion loan documents and email with finance director regarding the same 3.50 08/04/2020 RLL Attend telephone conference call with DJD, JAC and client to discuss status of parking and construction on JKM parcels, status of sale of hotel parcel; status of completion of fire station, police station and library/city hall; prepare summary of conference call; review property appraiser information on fire station property and work with counsel for CFP to have notice of completion on fire station finalized; review revised termination of parking easements and new temporary parking easements from counsel for JKM. 2.50 DJD Telephone conference call with City Manager, et., al.; address easements and Notice of Completion. 2.20 JAC Telephone conference with manager and DJ D and R L and CG Re: options with JKM; parcel by parcel review; prepare for and conduct briefing conference with city commissioner; review records request from JKM and discuss with LS and Clerk 3.00 08/05/2020 RLL Meet with DJD to review parking easements and notices of completion. 0.50 JAC Commission meeting follow up call regarding letter to JKM; draft and send letter to JKM; discuss title search issue with Rachel Leach 2.30 DJD Review Correspondence. 0.20 08/06/2020 RLL Review new survey for city hall/library property; finalize notice of completion for city hall/library with new legal description and correct parcel control number; work with DJD to finalize notice of completion for fire station. 0.50 DJD Receipt and review of surveys; Review final acceptance for fire station. 0.80 08/12/2020 JAC Review and follow up with Rachel Leach regarding certificates of Page 177 of 1055 Page: 2 CITY OF BOYNTON BEACH 09/02/2020 ACCOUNT NO: 306-9905263 STATEMENT NO: 32768 Town Square Development HOURS completion for public improvement portions of project; follow up on Jake a.m. correspondence and easements 1.00 08/18/2020 JAC Follow up with Mayor regarding status of release of easements and execution of new easement agreements; discuss strategic telephone conference meeting with DJD in advance of the same 1.20 08/21/2020 DJD Receipt and review of JKM proposal. 0.30 08/25/2020 RLL Follow up with client on which notices of completion to be on September 1st meeting agenda. 0.30 SMS review of memorandum from JKM and attend Zoom conference call related to JKM parcels 0.90 JAC Telephone conference regarding JKM proposal to modify development agreement; prepare resolutions regarding release of easements and adoption of new easement agreement 2.00 DJD Participate in conference call. Review Police Survey document. 1.40 08/27/2020 SMS zoom meeting related to JKM Memorandum 0.60 JAC Prepare for, participate in, and follow up on discussions with John Markey and others; review and assist in preparation of amendment to phase 2 agreement for additional services 1.80 DJD Participate in conference call. 0.70 FOR CURRENT SERVICES RENDERED 29.50 5,583.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL JAMES A. CHEROF 14.80 $205.00 $3,034.00 D.J. DOODY 7.40 205.00 1,517.00 SEAN M. SWARTZ 1.50 205.00 307.50 RACHEL L LEACH 5.80 125.00 725.00 Photocopies 25.20 TOTAL EXPENSES THRU 08/31/2020 25.20 TOTAL CURRENT WORK 5,608.70 BALANCE DUE $5,608.70 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 178 of 1055 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 09/02/2020 100 E. Ocean Avenue ACCOUNT NO: 306-9905383 Boynton Beach FL 33435 STATEMENT NO: 32769 Attn: Lynn Swanson adv. Parrish, Jerry Lee, et., al. (The Bank of NY Mellon) HOURS 08/14/2020 SHB Receive and review order continuing trial. 0.10 FOR CURRENT SERVICES RENDERED 0.10 20.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL SHANA H. BRIDGEMAN 0.10 $205.00 $20.50 TOTAL CURRENT WORK 20.50 BALANCE DUE $20.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 179 of 1055 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 09/02/2020 100 E. Ocean Avenue ACCOUNT NO: 306-9905384 Boynton Beach FL 33435 STATEMENT NO: 32770 Attn: Lynn Swanson adv. Van Handenhove, Jozef James (The Bank of NY Mellon) HOURS 08/14/2020 SHB Receive and review Notice of Hearing. 0.10 08/18/2020 SHB Receive and review various orders from court. 0.60 FOR CURRENT SERVICES RENDERED 0.70 143.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL SHANA H. BRIDGEMAN 0.70 $205.00 $143.50 TOTAL CURRENT WORK 143.50 BALANCE DUE $143.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 180 of 1055 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 09/02/2020 100 E. Ocean Avenue ACCOUNT NO: 306-9905390 Boynton Beach FL 33435 STATEMENT NO: 32771 Attn: Lynn Swanson Matthews, Cynthia J. (Wilmington Savings Fund Society, et., al.) HOURS 08/21/2020 SHB Correspondence with opposing counsel re: hearing matters. Receive and review hearing notice. 0.50 08/25/2020 SHB Receive and review order regarding prosecution of case. 0.20 FOR CURRENT SERVICES RENDERED 0.70 143.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL SHANA H. BRIDGEMAN 0.70 $205.00 $143.50 TOTAL CURRENT WORK 143.50 BALANCE DUE $143.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 181 of 1055 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 09/02/2020 100 E. Ocean Avenue ACCOUNT NO: 306-9905407 Boynton Beach FL 33435 STATEMENT NO: 32772 Attn: Lynn Swanson adv Mata Chorwadi Inc- Homing Inn Circuit Ct App Shah, Kirit and Dipka HOURS 08/04/2020 SHB Research and drafting: Motion to Strike various pleadings. 4.50 08/05/2020 SHB Continued research and drafting: Motion to Strike various pleadings. 4.50 08/06/2020 SHB Finalize and file Motions to Strike. Transmit courtesy copy to Appellate Clerk and JA. 0.10 08/12/2020 GB Drafted Response to Plaintiffs' Motion for Partial Summary Judgment and Statement of Material Facts and legal research for Response. 3.70 FOR CURRENT SERVICES RENDERED 12.80 2,624.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL GAL BETESH 3.70 $205.00 $758.50 SHANA H. BRIDGEMAN 9.10 205.00 1,865.50 TOTAL CURRENT WORK 2,624.00 BALANCE DUE $2,624.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 182 of 1055 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 09/02/2020 100 E. Ocean Avenue ACCOUNT NO: 306-9905424 Boynton Beach FL 33435 STATEMENT NO: 32773 Attn: Lynn Swanson adv. AI-Hattab, Andrew (Appeal- RLC Magistrate) HOURS 08/06/2020 SHB Review docket and follow up re: status of appeal. 0.40 FOR CURRENT SERVICES RENDERED 0.40 82.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL SHANA H. BRIDGEMAN 0.40 $205.00 $82.00 TOTAL CURRENT WORK 82.00 BALANCE DUE $82.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 183 of 1055 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 09/02/2020 100 E. Ocean Avenue ACCOUNT NO: 306-9905432 Boynton Beach FL 33435 STATEMENT NO: 32774 Attn: Lynn Swanson Laurore, Iva and Renan (Code/Foreclosure) HOURS 08/03/2020 HN Edits to motion and amended complaint. Review of case law in support of motion. 1.80 08/05/2020 HN Phone call discussion with JAC regarding amended complaint and discussion about having a phone call with Daniel Rose and SHB regarding Rose's requests for settlement. 0.20 08/11/2020 HN Preparation and participation in settlement conference with Daniel Rose. 0.60 SHB Discuss case matters with HN. Telephone conference with HN, JAC, and Daniel Rose re: pending litigation and chronic nuisance matters. 1.00 08/12/2020 SHB Telephone conference with Temple re: chronic nuisance matters. 0.10 08/17/2020 SHB Discuss pending case matters with HN and JAC. 0.20 HN Review of email from SHB regarding City's position on a settlement offer. Follow up phone call discussion with SHB. Follow up phone call discussion with Adam Temple. Follow up email to JAC and SHB. Drafted status sheet for JAC review for Commission meeting on 8/19/20. 0.50 08/18/2020 HN Gathering information from City staff has to amount owed on liens in preparation for 8/19/20 commission meeting relating to the City's foreclosures. 0.20 08/19/2020 HN Preparation for zoom call with city manager as to status of case. Participation in zoom call with city manager, Adam Temple, JAC, SHB to discuss status of foreclosure case. 0.40 SHB Telephone conference with Laverriere, Temple, JAC, and HN re: foreclosure and nuisance matters. 0.50 08/21/2020 HN Edits to Amended Complaint. 1.20 08/25/2020 HN Further review and revisions to amended complaint. 0.80 08/26/2020 HN Edits to Motion for leave to amend and amended complaint. 0.50 08/27/2020 HN Email to JAC and MDC regarding legal strategy moving forward. 0.20 HN Review of emails relating to non compliance with nuisance abatement. Discussion with Adam regarding lack of response from Laurore's attorney. 0.20 08/28/2020 HN Phone call discussion with JAC and follow up email to MDC regarding Amended Complaint and Motion for Leave to Amend. 0.10 Page 184 of 1055 Page: 2 CITY OF BOYNTON BEACH 09/02/2020 ACCOUNT NO: 306-9905432 STATEMENT NO: 32774 Laurore, Iva and Renan (Code/Foreclosure) HOURS FOR CURRENT SERVICES RENDERED 8.50 1,742.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL HEATHER NEEDELMAN 6.70 $205.00 $1,373.50 SHANA H. BRIDGEMAN 1.80 205.00 369.00 Photocopies 3.85 TOTAL EXPENSES THRU 08/31/2020 3.85 TOTAL CURRENT WORK 1,746.35 BALANCE DUE $1,746.35 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 185 of 1055 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 09/02/2020 100 E. Ocean Avenue ACCOUNT NO: 306-9905433 Boynton Beach FL 33435 STATEMENT NO: 32775 Attn: Lynn Swanson adv. Ho, Benjamin and Karen (Code/Foreclosure HOURS 08/05/2020 HN Phone call discussion with JAC regarding filing amended complaint. 0.30 08/17/2020 SHB Discuss pending case matters with HN and JAC. 0.20 HN Review of deadline to file answers to amended complaint and follow up regarding service of two new defendants: Wing Ho and the Fountains Condo. Drafted status sheet for JAC review for Commission meeting on 8/19/20. 0.40 08/18/2020 HN On site: Review of Judicial Administration Rules pertaining to service by email and US mail. Email exchange with JAC related to emailing Karen Ho the amended complaint in compliance with rule 2.516. Coordination as to drafting judicial defaults against Karen Ho and Benjamin Ho. Review of Karen Ho's previously filed motions. Gathering information from City staff has to amount owed on liens in preparation for 8/19/20 commission meeting relating to the City's foreclosures. 1.40 08/19/2020 HN Preparation for zoom call with city manager as to status of case. Participation in zoom call with city manager, Adam Temple, JAC, SHB to discuss status of foreclosure case. 0.40 08/20/2020 HN Review of draft motion for judicial default. Email to MDC cc JAC as to Benjamin Ho's interest and whether to keep him as a defendant. Research as to indispensable parties. 0.60 08/21/2020 HN Discussion with MDC re: defendant Benjamin Ho and review of file documents. 0.40 MDC Review materials, telephone call with Heather Needelman on issues with party defendants, status of liens. 0.40 08/24/2020 CLD Drafted and e-filed Notice of Dropping Defendant Benjamin Ho. 0.20 HN Discussion with JAC regarding dropping Benjamin Ho as a party defendant. Review of notice to drop party defendant. 0.30 08/25/2020 CLD Review of Verified Return of Service as to Fountains of Palm Beach from process server; drafted and e-filed Notice of Filing; electronic indexing. 0.30 HN Review of service to Fountains of Palm Beach Condo#3. Review of Notice of filing related to service of Fountains of Palm Beach Condo#3. 0.40 08/26/2020 JAC review federal court litigation matter And related demolition of unsafe structure issues; Document in pleading review 1.20 Page 186 of 1055 Page: 2 CITY OF BOYNTON BEACH 09/02/2020 ACCOUNT NO: 306-9905433 STATEMENT NO: 32775 adv. Ho, Benjamin and Karen (Code/Foreclosure HOURS 08/31/2020 HN Follow up with compass as to status of wing ho service of summons and complaint. 0.10 FOR CURRENT SERVICES RENDERED 6.60 1,313.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL JAMES A. CHEROF 1.20 $205.00 $246.00 MICHAEL D. CIRULLO 0.40 205.00 82.00 HEATHER NEEDELMAN 4.30 205.00 881.50 SHANA H. BRIDGEMAN 0.20 205.00 41.00 CYNTHIA L. DUNN 0.50 125.00 62.50 08/11/2020 Clerk of the Court- E-Filing - 111330010 25.00 25.00 TOTAL ADVANCES THRU 08/31/2020 25.00 TOTAL CURRENT WORK 1,338.00 BALANCE DUE $1,338.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 187 of 1055 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 09/02/2020 100 E. Ocean Avenue ACCOUNT NO: 306-9905434 Boynton Beach FL 33435 STATEMENT NO: 32776 Attn: Lynn Swanson adv. Eckols 76 LTD/Eckols 86 LTD (Code/ Foreclosure) HOURS 08/05/2020 HN Discussion with JAC regarding local rule 4 and requirement to make a good faith effort to resolve case. Coordination to confer with opposing counsel in compliance with rule 4. 0.10 08/06/2020 HN Conference call with Jordan Brill regarding a good faith effort to resolve the case. Follow up phone call to JAC to discuss their offer to settle the case. Follow up email to Lori LaVerriere and Colin Groff cc Adam Temple, JAC, and Lynn Swanson with offer from opposing counsel. 1.60 08/10/2020 HN Phone conference with Adam Temple and JAC in which settlement offer was discussed. Email exchange with JAC regarding settlement offer. Phone call conference with opposing counsel, Jordan Brill to discuss getting offer in writing in the form of a stipulation for settlement and dismissal. Review of email from Lynn Swanson regarding putting the settlement offer on the Commission Agenda. Drafting Agenda Cover Sheet. 0.90 08/11/2020 RLL Order and review updated title search on property. 0.50 HN Email to Lynn regarding cover sheet for city commission meeting regarding the settlement offer. Review of updated title and email to Rachel Leach. Response to Jordan Brill's email regarding drafting the proposed settlement agreement. 0.30 08/12/2020 HN Drafting cover letter and email exchanges with JAC as to content of cover letter. Review of updated title report. 2.00 08/14/2020 HN Review and edits of settlement agreement. Email to JAC regarding received settlement agreement. 0.90 08/17/2020 HN Drafted status sheet for JAC review for 8/19 commission meeting. 0.20 08/18/2020 HN On site: Gathering information from City staff has to amount owed on liens in preparation for 8/19/20 commission meeting relating to the City's foreclosures. 0.60 08/19/2020 HN Preparation for zoom call with city manager as to status of case. Participation in zoom call with city manager, Adam Temple, JAC, SHB to discuss status of foreclosure case. Redline edits of settlement agreement. 0.70 08/20/2020 HN Conversation with opposing counsel, Jordan Brill regarding the status of the settlement agreement. 0.20 Page 188 of 1055 Page: 2 CITY OF BOYNTON BEACH 09/02/2020 ACCOUNT NO: 306-9905434 STATEMENT NO: 32776 adv. Eckols 76 LTD/Eckols 86 LTD (Code/ Foreclosure) HOURS 08/21/2020 HN Conference call with opposing counsel Jordan Brill regarding settlement agreement. 0.10 08/24/2020 HN Review of bill of sale, deed and partnership affidavits. Email to Jordan Brill has to who is signing on behalf of Eckols. Phone call conversation with Jordan Brill regarding the partnership affidavit. Review of emails from Jordan. Edits to agreement and exhibits. Phone call discussions with RL and JAC. Email to JAC with settlement agreement and exhibits. 3.20 RLL Prepare deed, bill of sale and two partnership affidavits for transfer of property from Eckols to the City. 2.00 08/25/2020 HN Review of email from JAC and email to DJD with settlement documents. 0.40 FOR CURRENT SERVICES RENDERED 13.70 2,608.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL HEATHER NEEDELMAN 11.20 $205.00 $2,296.00 RACHEL L LEACH 2.50 125.00 312.50 TOTAL CURRENT WORK 2,608.50 BALANCE DUE $2,608.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 189 of 1055 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 09/02/2020 100 E. Ocean Avenue ACCOUNT NO: 306-9905435 Boynton Beach FL 33435 STATEMENT NO: 32777 Attn: Lynn Swanson adv. Go, Jeanne and Ka Hock (Code/Foreclosure) HOURS 08/17/2020 HN Draft status sheet for JAC review for 8/19 commission meeting. Review of title. 0.40 08/18/2020 HN On site: Gathering information from City staff has to amount owed on liens in preparation for 8/19/20 commission meeting relating to the City's foreclosures. 0.60 08/19/2020 HN Preparation for zoom call with city manager as to status of matter. Participation in zoom call with city manager, Adam Temple, JAC, SHB to discuss status of foreclosure matter. Email to JAC re: status of Go case cc SHB based on discussion with Lori and Adam. 0.60 08/28/2020 HN Listened to the audio from the special magistrate hearing on July 15 authorizing foreclosure. Review of notes from conference call with City Manager, Adam Temple, JAC and SHB. Started Drafting Complaint. 2.30 FOR CURRENT SERVICES RENDERED 3.90 799.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL HEATHER NEEDELMAN 3.90 $205.00 $799.50 TOTAL CURRENT WORK 799.50 BALANCE DUE $799.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 190 of 1055 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 09/02/2020 100 E. Ocean Avenue ACCOUNT NO: 306-9905436 Boynton Beach FL 33435 STATEMENT NO: 32778 Attn: Lynn Swanson Hall-Mark RTC HOURS 08/12/2020 QEM Review of file correspondence; review of notes re: discussion with RTC council; preparation of follow-up correspondence to RTC. 0.90 JAC Review status of ownership issues; review draft letter regarding termination and tender of ownership documents; review based agreement regarding same 1.20 08/20/2020 JAC Review status of case with Q Morgan and evaluate settlement opportunity 0.50 08/24/2020 QEM Follow-up with staff re: matter; preparation of draft mutual release; coordinate transmittal of correspondence to RTC. 2.70 08/25/2020 QEM Revise draft correspondence to reference release; update release form. 0.90 08/28/2020 QEM Review and evaluation of email correspondence from Hall-Mark re: title to Unit and coordinate with staff re: matter. 0.30 FOR CURRENT SERVICES RENDERED 6.50 1,332.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL JAMES A. CHEROF 1.70 $205.00 $348.50 QUENTIN E. MORGAN 4.80 205.00 984.00 TOTAL CURRENT WORK 1,332.50 BALANCE DUE $1,332.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 191 of 1055 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 09/02/2020 100 E. Ocean Avenue ACCOUNT NO: 306-9905441 Boynton Beach FL 33435 STATEMENT NO: 32779 Attn: Lynn Swanson Sale to Pulte Group -approx.. 14.7 acres off Nickels Blvd. HOURS 08/05/2020 RLL Follow up with client on comments to latest revisions to contract. 0.20 DJD Address status of Purchase Agreement. 0.40 08/06/2020 RLL Review client's request for revision to approvals section of contract; prepare revision to contract and forward to buyer's counsel. 0.50 DJD Revise Purchase and Sale Agreement. 0.50 08/10/2020 DJD Address status of PSA. 0.70 JAC Review correspondence with contract purchaser and follow up on contract documents 0.40 08/11/2020 JAC Review contract and status of approvals-signatures; call with Lynn Swanson regarding agenda issue related to transaction 0.50 08/13/2020 RLL Work to ensure exhibits attached to purchase and sale agreement for approval at commission meeting. 0.30 08/27/2020 JAC Review legal description discrepancy issues; review additional correspondence regarding letter of intent; discuss with LL; Discuss with Rachel Leach 0.80 DJD Address issue of legal description and issue of LOI. 1.30 08/28/2020 RLL Review corrective deed provided by buyer's counsel; research origination of legal descriptions provided for inclusion in purchase and sale agreement. 1.00 DJD Address issue associated with legal description. 0.40 FOR CURRENT SERVICES RENDERED 7.00 1,275.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL JAMES A. CHEROF 1.70 $205.00 $348.50 D.J. DOODY 3.30 205.00 676.50 RACHEL L LEACH 2.00 125.00 250.00 Photocopies 21.70 TOTAL EXPENSES THRU 08/31/2020 21.70 Page 192 of 1055 Page: 2 CITY OF BOYNTON BEACH 09/02/2020 ACCOUNT NO: 306-9905441 STATEMENT NO: 32779 Sale to Pulte Group -approx.. 14.7 acres off Nickels Blvd. TOTAL CURRENT WORK 1,296.70 BALANCE DUE $1,296.70 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 193 of 1055 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 09/02/2020 100 E. Ocean Avenue ACCOUNT NO: 306-9905446 Boynton Beach FL 33435 STATEMENT NO: 32780 Attn: Lynn Swanson Adv. Wilmington Savings Fund (Smith, Carl, et., al.) HOURS 08/25/2020 SHB Receive and review order on motion to amend complaint. 0.20 FOR CURRENT SERVICES RENDERED 0.20 41.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL SHANA H. BRIDGEMAN 0.20 $205.00 $41.00 TOTAL CURRENT WORK 41.00 BALANCE DUE $41.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 194 of 1055 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 09/02/2020 100 E. Ocean Avenue ACCOUNT NO: 306-9905456 Boynton Beach FL 33435 STATEMENT NO: 32781 Attn: Lynn Swanson adv. Priority Towing HOURS 08/11/2020 GB Emails with Court regarding Motion to Dismiss hearing. 0.10 08/20/2020 IR Receipt and review of Court Order, entered by Honorable Judge G. Joseph Curley, Jr. for the City of Boynton Beach's Evidentiary hearing on its Motion to Dismiss Plaintiffs Second Amended Complaint, scheduled for September 1, 2020 at 1:30pm, for 1 hour; preparation of tickler pertaining to same; 0.20 08/28/2020 IR Receipt and review of Plaintiffs counsel, Garry Glickman's correspondence to Judge Curley, of this date, in advance of the City of Boynton Beach's evidentiary hearing of September 1, 2020, with 13 sets of enclosures, sent in three separate emails with PDF attachments, including legal research and case law; 0.80 GB Prepared for Motion to Dismiss hearing. 1.50 08/31/2020 GB Emails with court reporter regarding Motion to Dismiss hearing. 0.10 FOR CURRENT SERVICES RENDERED 2.70 473.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL GAL BETESH 1.70 $205.00 $348.50 INGRID RIERA 1.00 125.00 125.00 TOTAL CURRENT WORK 473.50 BALANCE DUE $473.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 195 of 1055 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 09/02/2020 100 E. Ocean Avenue ACCOUNT NO: 306-9905475 Boynton Beach FL 33435 STATEMENT NO: 32782 Attn: Lynn Swanson Landfill Closure HOURS 08/14/2020 JAC Telephone conference with Tim Perry regarding options for resolution of landfill dispute; Post meeting analysis prepare to discuss with CityManager 1.50 08/20/2020 JAC Review update from Tim Perry and miscellaneous follow up research 0.50 FOR CURRENT SERVICES RENDERED 2.00 410.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL JAMES A. CHEROF 2.00 $205.00 $410.00 TOTAL CURRENT WORK 410.00 BALANCE DUE $410.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 196 of 1055 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 09/02/2020 100 E. Ocean Avenue ACCOUNT NO: 306-9905477 Boynton Beach FL 33435 STATEMENT NO: 32783 Attn: Lynn Swanson Purchase of Half Moon Bay's Lift Station HOURS 08/10/2020 SMS correspondences related to surveys of lift station property 0.20 08/11/2020 SMS call with staff and correspondences with opposing counsel related to exhibit timeline 0.20 08/17/2020 SMS review of updated survey and correspondence with Seller attorney 0.20 FOR CURRENT SERVICES RENDERED 0.60 123.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL SEAN M. SWARTZ 0.60 $205.00 $123.00 TOTAL CURRENT WORK 123.00 BALANCE DUE $123.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 197 of 1055 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 09/02/2020 100 E. Ocean Avenue ACCOUNT NO: 306-9905489 Boynton Beach FL 33435 STATEMENT NO: 32784 Attn: Lynn Swanson v. Davis, Trevor Joseph (MOV) HOURS 08/12/2020 SHB Telephone conference with Temple re: outcome of municipal prosecution case. 0.10 FOR CURRENT SERVICES RENDERED 0.10 20.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL SHANA H. BRIDGEMAN 0.10 $205.00 $20.50 TOTAL CURRENT WORK 20.50 BALANCE DUE $20.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 198 of 1055 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 09/02/2020 100 E. Ocean Avenue ACCOUNT NO: 306-9905495 Boynton Beach FL 33435 STATEMENT NO: 32785 Attn: Lynn Swanson Bamboo/Palmer Special Assessment HOURS 08/10/2020 DS Reviewed City Code re: special assessments. Reviewed draft notice letter. Discussed placing costs on tax assessment with M.D.C. 0.40 08/12/2020 DS Discussed interlocal agreement with M.D.C. Reviewed past water service/ annex agreements. Drafted email to M.D.C. and J.A.C. 0.90 MDC Telephone conference with Danielle Schwabe; confer with JAC; review issues with collecting connection costs. 0.50 08/18/2020 DS Drafted email to City re: placing construction costs on utility bill. Discussed next steps with M.D.C. and J.A.C. 0.30 MDC Miscellaneous telephone call, review materials and draft information for City. 0.30 08/20/2020 DS Discussed property owner payment options with City, M.D.C. and J.A.C. 0.40 MDC Review materials, attend Zoom meeting with client Re: collection of capital improvement costs for water/sewer services outside City boundaries. 0.40 FOR CURRENT SERVICES RENDERED 3.20 656.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL MICHAEL D. CIRULLO 1.20 $205.00 $246.00 DANIELLE SCHWABE 2.00 205.00 410.00 TOTAL CURRENT WORK 656.00 BALANCE DUE $656.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 199 of 1055 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 09/02/2020 100 E. Ocean Avenue ACCOUNT NO: 306-9905500 Boynton Beach FL 33435 STATEMENT NO: 32786 Attn: Lynn Swanson adv. Sharon R. Bock III - 1 - Tarpon IV, LLC HOURS 08/06/2020 SHB Prepare and file Answer to complaint. 1.00 FOR CURRENT SERVICES RENDERED 1.00 205.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL SHANA H. BRIDGEMAN 1.00 $205.00 $205.00 TOTAL CURRENT WORK 205.00 BALANCE DUE $205.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 200 of 1055 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 09/02/2020 100 E. Ocean Avenue ACCOUNT NO: 306-9905501 Boynton Beach FL 33435 STATEMENT NO: 32787 Attn: Lynn Swanson adv. Sharon R. Bock III -2- Tarpon IV, LLC HOURS 08/06/2020 SHB Prepare and file Answer to complaint. 1.00 FOR CURRENT SERVICES RENDERED 1.00 205.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL SHANA H. BRIDGEMAN 1.00 $205.00 $205.00 TOTAL CURRENT WORK 205.00 BALANCE DUE $205.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 201 of 1055 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 09/02/2020 100 E. Ocean Avenue ACCOUNT NO: 306-9905502 Boynton Beach FL 33435 STATEMENT NO: 32788 Attn: Lynn Swanson adv. CHIDR, LLC (Tarpon IV, LLC) HOURS 08/13/2020 SHB Prepare and file Answer to Complaint. 1.00 08/25/2020 SHB Receive and review Motion for Default. 0.10 08/27/2020 SHB Receive and review correspondence from Plaintiff's counsel re: settlement. Transmit to Temple for review. 0.20 08/28/2020 SHB Telephone conference with Temple re: case status, outstanding liens, and settlement offer. 0.30 08/31/2020 SHB Various correspondence with opposing counsel and Temple re: settlement matters. 0.30 FOR CURRENT SERVICES RENDERED 1.90 389.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL SHANA H. BRIDGEMAN 1.90 $205.00 $389.50 TOTAL CURRENT WORK 389.50 BALANCE DUE $389.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 202 of 1055 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 09/02/2020 100 E. Ocean Avenue ACCOUNT NO: 306-9905503 Boynton Beach FL 33435 STATEMENT NO: 32789 Attn: Lynn Swanson adv. Lionesz Investments, LLC. (Tarpon IV, LLC) HOURS 08/21/2020 SHB Prepare and file Answer to Complaint. 1.30 FOR CURRENT SERVICES RENDERED 1.30 266.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL SHANA H. BRIDGEMAN 1.30 $205.00 $266.50 TOTAL CURRENT WORK 266.50 BALANCE DUE $266.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 203 of 1055 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 09/02/2020 100 E. Ocean Avenue ACCOUNT NO: 306-9905504 Boynton Beach FL 33435 STATEMENT NO: 32790 Attn: Lynn Swanson adv. Abner, Allison J. Henry (Forfeiture) HOURS 08/10/2020 BJS Review reports, follow up with Det. Whitefield re: Forfeiture/Search Warrants 0.50 08/13/2020 BJS Review draft Ex Parte Motion for Probable Cause, review reports, and follow up re: Notice of Forfeiture 1.00 08/14/2020 BJS Review and revise draft Ex Parte Motion for Probable Cause 0.50 08/17/2020 BJS Review and revise Petition for Probable Cause, and process submittals 2.00 08/18/2020 BJS Review and follow up re: Ex-Parte Order granting the Clty's Application for Probable Cause and mailing. 0.50 08/20/2020 BJS Telephone call with Detective Whitefeld and follow up re: Adversarial Preliminary Hearing 1.00 08/21/2020 BJS Telephone call with Detective and Officer Whitfield re: Forfeiture, and follow up Adversarial Preliminary Hearing 2.00 08/24/2020 BJS Follow up re: Filing and hearings 0.30 08/25/2020 BJS Follow up re: review of Evidence, and transmittal of pictures 0.30 08/26/2020 BJS Review and revise Motion for Adversarial Preliminary hearing and follow up 1.30 08/27/2020 BJS Telephone call with Jack Fleischmann and Judge Kelley's Office and follow up re: APH 0.70 08/28/2020 BJS Review and Revise Notice of Hearing and follow up re: APH 0.60 FOR CURRENT SERVICES RENDERED 10.70 2,193.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL BRIAN J. SHERMAN 10.70 $205.00 $2,193.50 Photocopies 24.50 TOTAL EXPENSES THRU 08/31/2020 24.50 Page 204 of 1055 Page: 2 CITY OF BOYNTON BEACH 09/02/2020 ACCOUNT NO: 306-9905504 STATEMENT NO: 32790 adv. Abner, Allison J. Henry (Forfeiture) 08/27/2020 Clerk of the Court- E-Filing - 112218587 406.00 406.00 TOTAL ADVANCES THRU 08/31/2020 406.00 TOTAL CURRENT WORK 2,624.00 BALANCE DUE $2,624.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 205 of 1055 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 09/02/2020 100 E. Ocean Avenue ACCOUNT NO: 306-9905505 Boynton Beach FL 33435 STATEMENT NO: 32791 Attn: Lynn Swanson adv. MJBS Holdings, LLC (Tarpon IV, LLC) HOURS 08/17/2020 SHB Receive and review complaint. 0.40 FOR CURRENT SERVICES RENDERED 0.40 82.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL SHANA H. BRIDGEMAN 0.40 $205.00 $82.00 TOTAL CURRENT WORK 82.00 BALANCE DUE $82.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 206 of 1055 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 09/02/2020 100 E. Ocean Avenue ACCOUNT NO: 306-9905506 Boynton Beach FL 33435 STATEMENT NO: 32792 Attn: Lynn Swanson adv. Sharon R. Bock III - 3- Tarpon IV, LLC HOURS 08/07/2020 SHB Receive and review complaint. 0.40 08/27/2020 SHB Prepare and file Answer to Complaint. 1.00 FOR CURRENT SERVICES RENDERED 1.40 287.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL SHANA H. BRIDGEMAN 1.40 $205.00 $287.00 TOTAL CURRENT WORK 287.00 BALANCE DUE $287.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 207 of 1055 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 09/02/2020 100 E. Ocean Avenue ACCOUNT NO: 306-9905507 Boynton Beach FL 33435 STATEMENT NO: 32793 Attn: Lynn Swanson Adv. MJBS Holdings, LLC (KC Enterprise/Tarpon IV, LLC) HOURS 08/17/2020 SHB Receive and review complaint; open new file. 0.40 FOR CURRENT SERVICES RENDERED 0.40 82.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL SHANA H. BRIDGEMAN 0.40 $205.00 $82.00 TOTAL CURRENT WORK 82.00 BALANCE DUE $82.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 208 of 1055 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 09/02/2020 100 E. Ocean Avenue ACCOUNT NO: 306-9905508 Boynton Beach FL 33435 STATEMENT NO: 32794 Attn: Lynn Swanson adv. MJBS Holdings, LLC 2 (KC Enterprise/Tarpon IV, LLC) HOURS 08/17/2020 SHB Receive and review complaint; open new file. 0.40 FOR CURRENT SERVICES RENDERED 0.40 82.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL SHANA H. BRIDGEMAN 0.40 $205.00 $82.00 TOTAL CURRENT WORK 82.00 BALANCE DUE $82.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 209 of 1055 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 09/02/2020 100 E. Ocean Avenue ACCOUNT NO: 306-9905509 Boynton Beach FL 33435 STATEMENT NO: 32795 Attn: Lynn Swanson Drainage Easement Agreement with Boynton Beach Distribution Center Master Association Inc. HOURS 08/17/2020 SMS draft revise Drainage Easement with Boynton Beach Distribution 0.90 08/18/2020 RLL Review information on property and order title search. 0.50 08/21/2020 SMS correspondences related to easement agreement and review of comments on agreement 0.70 08/27/2020 RLL Process title work received on property. 0.30 FOR CURRENT SERVICES RENDERED 2.40 428.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL SEAN M. SWARTZ 1.60 $205.00 $328.00 RACHEL L LEACH 0.80 125.00 100.00 08/27/2020 Chicago Title Insurance Company - Invoice 8715177 250.00 250.00 TOTAL ADVANCES THRU 08/31/2020 250.00 TOTAL CURRENT WORK 678.00 BALANCE DUE $678.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 210 of 1055 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 09/02/2020 100 E. Ocean Avenue ACCOUNT NO: 306-9905029 Boynton Beach FL 33435 STATEMENT NO: 32737 Attn: Lynn Swanson adv. Ford, Sharron (negligence arrest) Billing Category 18-RLO Claim#001470000245GB HOURS 08/14/2020 TAD Receipt and review of correspondence re: appeal and information provided. 0.10 08/27/2020 TAD Receipt and review of correspondence from outside counsel re: status of appeal. Review reply brief and motion for oral argument. 0.60 FOR CURRENT SERVICES RENDERED 0.70 143.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL TRACEY A. DECARLO 0.70 $205.00 $143.50 TOTAL CURRENT WORK 143.50 BALANCE DUE $143.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 211 of 1055 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 09/02/2020 100 E. Ocean Avenue ACCOUNT NO: 306-9905098 Boynton Beach FL 33435 STATEMENT NO: 32738 Attn: Lynn Swanson adv. Venegas, Jesusa Billing Category 18-RLO Claim#00 1 470000367AB HOURS 08/03/2020 GB Emails with opposing counsel regarding hearing date. 0.10 TAD Receipt and review of correspondence re: additional hearing with court and prepare response to same. 0.20 08/04/2020 TAD Receipt and review of correspondence from plaintiff and insurance counsel re: additional hearing before the court. 0.20 08/13/2020 TAD Receipt and review of correspondence re: hearing and prepare response to same. 0.20 08/14/2020 TAD Receipt and review of correspondence re: hearing information from plaintiff insurance counsel. Prepare response to same. 0.20 08/19/2020 IR Receipt and review of Defendant's Notice of Filing and correspondence from counsel for Certain Underwriters at Lloyd's of London, as related to Plaintiffs' attempts to obtain excess insurance, by adding Underwriters to the Final Judgment; 0.30 08/20/2020 TAD Prepare correspondence to the City re: position letter. 0.10 FOR CURRENT SERVICES RENDERED 1.30 242.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL GAL BETESH 0.10 $205.00 $20.50 INGRID RIERA 0.30 125.00 37.50 TRACEY A. DECARLO 0.90 205.00 184.50 TOTAL CURRENT WORK 242.50 BALANCE DUE $242.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 212 of 1055 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 09/02/2020 100 E. Ocean Avenue ACCOUNT NO: 306-9905171 Boynton Beach FL 33435 STATEMENT NO: 32739 Attn: Lynn Swanson adv. Caliendo, Giovanni & Emily (code violation) Billing Category: 18-RLO Claim#001470000400P1 HOURS 08/06/2020 IR Receipt and review of tickler this date, regarding status of the City of Boynton Beach's responses and documents in response to the Plaintiff's various discovery, propounded to the City on July 23, 2020; preparation of second tickler, for status check in one week, regarding same; 0.50 08/07/2020 IR Receipt and review of Plaintiff's most recently filed Motion to Compel Better Discovery Responses; retrieved Plaintiff's Interrogatories, propounded May 17, 2017, as well as Plaintiffs Request for Production, propounded on same date; receipt and review of Judge Donald Hafele Trial Order, setting the litigation for trial, during the period commencing February 8, 2021 through April 16, 2021; initial preparation of the City's Trial Order Outline, to summarize the upcoming deadlines, as well as internal deadlines, in preparation for trial; compared two Orders Resetting Mandatory Case Management Conferences, with different dates of entry of said orders; preparation of the City of Boynton Beach's Trial Witness and Subpoena Duces Tecum tracking, for preparation and use during trial; 3.10 TAD Receipt and review of order on case management conference. Receipt of order setting trial and pre-trial procedures. Prepare objections and responses to plaintiffs interrogatories to City. Prepare objections and responses to Plaintiff's second request for production to City. 2.20 08/10/2020 IR Extensive review of pleadings and preparation of updates to the City of Boynton Beach's Trial Witness and Subpoena Duces Tecum Tracking Chart; Reviewed online court docket and compared with the City's docket, specifically pertaining to whether or not Mediation had previously taken place; finalization of the City's internal Trial Order Outline, with ticklers prepared, which include leading up to deadlines, following the Court's Trial Order received August 7, 2020; 3.80 TAD Review records regarding code issues and exhibits to depositions. Revise responses to request for production re: same. Receipt of trial order outline re: deadlines for report. 1.50 08/11/2020 TAD Receipt and review of correspondence from plaintiff re: document production. Begin review of records re: correspondence with City. Confer with IVR re: exhibits and witnesses and Hart information for meeting. 1.80 IR Receipt, review and responded to email from TAD, pertaining to Plaintiff's Response to the City of Boynton Beach's Request for Production,; Page 213 of 1055 Page: 2 CITY OF BOYNTON BEACH 09/02/2020 ACCOUNT NO: 306-9905171 STATEMENT NO: 32739 adv. Caliendo, Giovanni & Emily (code violation) HOURS propounded upon the City July 9, 2020; initial review of 785 responsive documents, which includes photographs, drawings, sets of documents and multiple e-communications, including emails, from 2013 through current date; 3.70 08/12/2020 IR Preparation of a tracking chart related to co-defendant, Code Compliance Officer Patrick Hart, through Plaintiff's responsive documents totaling over 785 pages of records; analyzed Plaintiff's notes and cross-referenced with the City of Boynton Beach's Request for Production, of 43 requested items, from July 9, 2020 and Plaintiff's responses; 5.10 08/13/2020 IR Review of Plaintiff's typed "notes"for use during upcoming discovery and trial, set for the 10 week calendar, commencing February 8, 2021; preparation of witness names and cross-referenced with Plaintiffs' records, received as their responses to the City of Boynton Beach's Request for Production, dated July 9, 2020; summary of records specifically naming co-defendant, Patrick Hart; 6.30 08/14/2020 IR Analyze multiple sets of records, received from the Plaintiffs this week, as their response to discovery; prepared supplemental list of potential trial witnesses, including potential witnesses for deposition, in advance of the Court-Order discovery cutoff of January 19, 2021; receipt and review of email from TAD to Plaintiffs' counsel, regarding the Court set a non-jury trial; 5.30 TAD Receipt and review of trial order. Review amended complaint and prepare correspondence to plaintiff re: issues with trial order. 0.40 08/17/2020 TAD Revise discovery responses. Prepare correspondence to City re: interrogatory answers. Review records from City re: response to request for production. Receipt of interrogatory answers and correspondence from City. Review same. 1.80 IR Continuation of summary of Plaintiff's various sets of notes, impressions, and other sources that Plaintiffs have been maintaining since 2014 through current, regarding non-compliance with code violations to two real properties, within the City of Boynton Beach; cross-reference of Plaintiffs' various documents and notes, with the City's Request for Production, which includes updates to witness lists, along with exhibits lists to be utilized in anticipation of trial, as well as upcoming discovery; 6.60 08/18/2020 TAD Continue review of records from City re: response to request for production. Prepare correspondence re: information needed for response. Prepare documents for production to plaintiff in response to request for production. Continue review of plaintiffs response to request for production re: trial and further discovery. 1.70 IR Organization of multiple sets of records, with a summary of said documents, received from Plaintiffs, as their responses to Request for Production; receipt and review of the City of Boynton Beach's discovery responses to Plaintiffs Interrogatories and Request for Production; 6.30 08/19/2020 IR Extensive research of Plaintiffs' alleged published works and websites, as referenced throughout Plaintiffs 2014 e-communications with governmental officials as well as other entities, and prepared notes that cross reference the first 100 sets of responsive records that Plaintiffs sent to the City of Boynton Beach, through counsel; online searches for Advent Lutheran Church in Palm Beach County, Florida, as well as the church's pastor, as Page 214 of 1055 Page: 3 CITY OF BOYNTON BEACH 09/02/2020 ACCOUNT NO: 306-9905171 STATEMENT NO: 32739 adv. Caliendo, Giovanni & Emily (code violation) HOURS noted in several sets of documents contained within Plaintiffs' records; online searches for the Disaster Relief Ministry, out of Palm Beach County, Florida,to potential list as trial witnesses, which would also include potential deponents, in lead up to the trial in this litigation, as mention within Plaintiffs' 785 sets of discovery records; 6.20 08/20/2020 IR Review and preparation of summary of Plaintiffs' sets of records, received during discovery; online research pertaining to Plaintiffs' documents, photographs, drawings and other types of materials received, to identify information received, on behalf of the City of Boynton Beach; review Giovanni Caliendo deposition, from January 29, 2020, regarding co-defendant references, to confirm the Plaintiffs responses to the City's discovery requests; 6.40 08/21/2020 TAD Continue review of records from City and preparation of response to discovery. 0.80 IR Analyzed and cross-reference of Plaintiffs discovery documents, photographs, media reports, communications, Plaintiff, Giovanni Caliendo drawn cartoons, to separate into groupings, with summaries of production records; research of various news media outlets and specific reporters who ran stories regarding the Plaintiffs' properties, code violations and volunteers at the various 'clean up' days; 4.70 08/24/2020 IR Online research of individuals whom the Plaintiff provides photographs from the media, pertaining to the Studio, in an effort to identify potential trial witnesses, including information for discovery, following the Court's Trial Order; preparation of summaries of Plaintiffs' discovery responses of over 785 sets of records, including photographs, media reports, e-mails and letters to and from Plaintiff and the City of Boynton Beach, in preparation for trial, and use during the discovery period; 5.60 08/25/2020 IR Revised summary of Plaintiffs' discovery records, specifically code compliance issues, as written in Plaintiffs' Notes; 2.40 08/26/2020 IR Review, cross-referenced Plaintiffs' discovery responses in summary created, as Plaintiff's' did not file a Response to Request for Production; 2.70 08/27/2020 IR Continuation of summaries of the Plaintiffs' responses to the City of Boynton Beaches' discovery requests, without the Plaintiffs' formal responses, to respond to each of the City's specific fo forty-two numbered requests for documentation; 2.20 TAD Continue of documents from plaintiff re: potential motions and discovery issues. 1.30 08/28/2020 IR Compared the City of Boynton Beach's discovery requests to Plaintiffs' responses, which includes media reports and publication articles by local reporters, review and summaries of emails from various volunteers in South Florida Palm Beach areas; online searches of witnesses listed by Plaintiff, who claim to have assisted on Studio work and volunteers; 4.90 08/31/2020 IR Reviewed and summarized Plaintiff's various sets of Notes, with Addendum included throughout; preparation of updates to the City of Boynton Beach's Trial Witness and Subpoena Duces Tecum tracking chart, to note where Plaintiff's listed volunteers are cross-referenced with fact witnesses, involved with clean up and work at the Plaintiffs' Studio and residence, both Page 215 of 1055 Page: 4 CITY OF BOYNTON BEACH 09/02/2020 ACCOUNT NO: 306-9905171 STATEMENT NO: 32739 adv. Caliendo, Giovanni & Emily (code violation) HOURS located in Boynton Beach; 2.60 FOR CURRENT SERVICES RENDERED 89.90 12,157.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL INGRID RIERA 78.40 $125.00 $9,800.00 TRACEY A. DECARLO 11.50 205.00 2,357.50 TOTAL CURRENT WORK 12,157.50 BALANCE DUE $12,157.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 216 of 1055 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 09/02/2020 100 E. Ocean Avenue ACCOUNT NO: 306-9905190 Boynton Beach FL 33435 STATEMENT NO: 32740 Attn: Lynn Swanson adv. Readon, Jayden, Estate of(police chase) Billing Category: 18-RLO Claim#001470-000396-AB-01 HOURS 08/25/2020 TAD Receipt and review of correspondence re: deposition of Sohn. Review information from City re: Sohn issues. Prepare correspondence re: same. 0.40 GB Emails with TAD regarding Sohn's deposition. Prepared for Officer Sohn's deposition by reviewing personnel file. 1.70 08/26/2020 TAD Receipt and review of correspondence re: deposition of officer. Confer with GB re: same. 0.30 GB Prepared and attended Officer Sohn's deposition. Telephone conference call with attorney for Sohn regarding deposition. Emails with attorney for Sohn regarding deposition transcript. Conversations with TAD regarding deposition. 7.00 FOR CURRENT SERVICES RENDERED 9.40 1,927.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL GAL BETESH 8.70 $205.00 $1,783.50 TRACEY A. DECARLO 0.70 205.00 143.50 TOTAL CURRENT WORK 1,927.00 BALANCE DUE $1,927.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 217 of 1055 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 09/02/2020 100 E. Ocean Avenue ACCOUNT NO: 306-9905216 Boynton Beach FL 33435 STATEMENT NO: 32741 Attn: Lynn Swanson adv. Ryan, Ronald (whistleblower PD) Billing Category: 18- RLO Claim#001470000410EP HOURS 08/14/2020 TAD Review motion in limine re: plaintiffs claims. Review case law and evidentiary issues re: same. Review deposition testimony re: same. Review judges procedures re: motion practice and trial issues. Revise re: additional information. Review discovery information and status re: additional discovery. 2.80 08/26/2020 TAD Receipt and review of case law re: additional arguments for motion for summary judgment. 1.30 GB Emails with TAD regarding article and new case law that may be relevant to lawsuit and legal research. 0.30 FOR CURRENT SERVICES RENDERED 4.40 902.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL GAL BETESH 0.30 $205.00 $61.50 TRACEY A. DECARLO 4.10 205.00 840.50 TOTAL CURRENT WORK 902.00 BALANCE DUE $902.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 218 of 1055 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 09/02/2020 100 E. Ocean Avenue ACCOUNT NO: 306-9905273 Boynton Beach FL 33435 STATEMENT NO: 32742 Attn: Lynn Swanson adv. Hickman, Walteanna Billing Category: 18- RLO Claim#001470000426GB HOURS 08/31/2020 GB Reviewed report from Tristar in preparation for claim telephone conference call. 0.10 FOR CURRENT SERVICES RENDERED 0.10 20.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL GAL BETESH 0.10 $205.00 $20.50 TOTAL CURRENT WORK 20.50 BALANCE DUE $20.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 219 of 1055 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 09/02/2020 100 E. Ocean Avenue ACCOUNT NO: 306-9905297 Boynton Beach FL 33435 STATEMENT NO: 32743 Attn: Lynn Swanson adv. Ortiz, Jade (personal injury) Billing Category: 18- RLO Claim#001470000436GB HOURS 08/31/2020 GB Telephone conference call 0.10 FOR CURRENT SERVICES RENDERED 0.10 20.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL GAL BETESH 0.10 $205.00 $20.50 TOTAL CURRENT WORK 20.50 BALANCE DUE $20.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 220 of 1055 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 09/02/2020 100 E. Ocean Avenue ACCOUNT NO: 306-9905310 Boynton Beach FL 33435 STATEMENT NO: 32744 Attn: Lynn Swanson adv. Philson, Tammi A. (Personal Injury-Carolyn Sims Center) Billing Category: 18- RLO Claim#001470000440GB HOURS 08/31/2020 GB Reviewed report from Tristar in preparation for claim telephone conference call. 0.10 FOR CURRENT SERVICES RENDERED 0.10 20.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL GAL BETESH 0.10 $205.00 $20.50 TOTAL CURRENT WORK 20.50 BALANCE DUE $20.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 221 of 1055 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 09/02/2020 100 E. Ocean Avenue ACCOUNT NO: 306-9905325 Boynton Beach FL 33435 STATEMENT NO: 32745 Attn: Lynn Swanson adv. Dorce, Annesha (Public Works) Billing Category- 18-RLO Claim#00 1 470000445AB HOURS 08/31/2020 GB Reviewed report from Tristar in preparation for claim telephone conference call. 0.10 FOR CURRENT SERVICES RENDERED 0.10 20.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL GAL BETESH 0.10 $205.00 $20.50 TOTAL CURRENT WORK 20.50 BALANCE DUE $20.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 222 of 1055 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 09/02/2020 100 E. Ocean Avenue ACCOUNT NO: 306-9905334 Boynton Beach FL 33435 STATEMENT NO: 32746 Attn: Lynn Swanson adv. Jordan, Debra L. (Sidewalk accident 339 NE 12th Ave) Billing Category: 18- RLO Claim#001470000447GB HOURS 08/31/2020 GB Reviewed report from Tristar in preparation for claim telephone conference call. 0.10 FOR CURRENT SERVICES RENDERED 0.10 20.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL GAL BETESH 0.10 $205.00 $20.50 TOTAL CURRENT WORK 20.50 BALANCE DUE $20.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 223 of 1055 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 09/02/2020 100 E. Ocean Avenue ACCOUNT NO: 306-9905344 Boynton Beach FL 33435 STATEMENT NO: 32747 Attn: Lynn Swanson Brescia, Brandon (EEOC Complaint) Billing Category: 18- RLO Claim#001470000450EP HOURS 08/03/2020 GB Prepared and attended Motion for Summary Judgment hearing. 2.00 TAD Receipt and review of correspondence from expert re: additional issues. 0.10 IR Receipt and review of Michael Kridel's July 31, 2020 invoice; preparation of tickler to follow up regarding same; online review of court docket, pertaining to this morning's evidentiary hearing; 0.80 08/04/2020 IR Receipt, review and responded to email from Michael Kridel, CPA, the City of Boynton Beach's forensic accountant expert witness, regarding retainer information; preparation of tickler to follow up with Mr. Kridel within two weeks, to provide an update related to the revised civil jury trial period, commencing in early 2021; 0.60 08/05/2020 GB Emails with TAD regarding case update to City and Tristar. Drafted letter to City regarding case update. Drafted proposed order on Motion for Summary Judgment and emails to opposing counsel regarding proposed order. 0.90 TAD Review and revise report to City re: status and motions. 0.20 IR Review of Michael Landress deposition, from July 2, 2020, along with the saved deposition exhibits thereto; initial preparation of cross-referencing of documents from deposition, to the City of Boynton Beach's Exhibits Disclosure, now due on December 7, 2020, following the Court's Rescheduling of Civil Jury Trial, on July 15, 2020; reviewed emails with proposed order, as a result from the City's Motion for Summary Judgment, special set hearing of August 3, 2020; reviewed proposed order of same; 2.80 08/06/2020 IR Receipt and review of Judge Glenn Kelley's Order on Defendant's Motion for Summary Judgment; research Fla.R.Civ.P. 1.530 pertaining to same and prepared two ticklers within which time a potential Motion for Reconsideration may be filed by the City; 0.60 08/07/2020 IR Receipt and review of email from Richard Ignoffo, Human Resources and Risk Management Coordinator with the City of Boynton Beach, regarding our forensic accountant expert witness, Michael Kridel, CPA; preparation of responsive email back to Mr. Ignoffo, regarding same; removed tickler as follow up; 0.30 TAD Receipt and review of correspondence from expert and City re: consultant issues. Prepare response to same. 0.20 Page 224 of 1055 Page: 2 CITY OF BOYNTON BEACH 09/02/2020 ACCOUNT NO: 306-9905344 STATEMENT NO: 32747 Brescia, Brandon (EEOC Complaint) HOURS FOR CURRENT SERVICES RENDERED 8.50 1,334.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL GAL BETESH 2.90 $205.00 $594.50 INGRID RIERA 5.10 125.00 637.50 TRACEY A. DECARLO 0.50 205.00 102.50 07/28/2020 Federal Express - Invoice 7-103-22301 15.42 15.42 TOTAL ADVANCES THRU 08/31/2020 15.42 TOTAL CURRENT WORK 1,349.92 BALANCE DUE $1,349.92 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 225 of 1055 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 09/02/2020 100 E. Ocean Avenue ACCOUNT NO: 306-9905347 Boynton Beach FL 33435 STATEMENT NO: 32748 Attn: Lynn Swanson adv. Benitez, Antonio (Park Injuries) Billing Category: 18- RLO Claim# HOURS 08/31/2020 GB Reviewed report from Tristar in preparation for claim telephone conference call. 0.10 FOR CURRENT SERVICES RENDERED 0.10 20.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL GAL BETESH 0.10 $205.00 $20.50 TOTAL CURRENT WORK 20.50 BALANCE DUE $20.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 226 of 1055 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 09/02/2020 100 E. Ocean Avenue ACCOUNT NO: 306-9905360 Boynton Beach FL 33435 STATEMENT NO: 32749 Attn: Lynn Swanson adv. Cain, Courtney Billing Category: 18- RLO Claim#001470001005EP HOURS 08/03/2020 GB Emails with TAD regarding letter to City & Tristar providing update. Put letter in final form and sent to City and Tristar. 0.30 08/06/2020 TAD Receipt and review of filings from City regarding information on claim and confer with GB re: same. 0.70 GB Drafted Initial Tristar Report. 3.20 08/07/2020 TAD Receipt and review of correspondence re: report and budget. Review claims and confer with GB re: report and status. 0.40 GB Continued drafting Initial Tristar Report. Emails with the City regarding documents. Brief review of documents for Tristar Report. 1.40 08/12/2020 IR Receipt and review of Plaintiffs Reply to the City of Boynton Beach's Affirmative Defenses; 0.20 08/14/2020 TAD Receipt and review of reply and case law re: same. 0.80 08/19/2020 GB Emails with City regarding documents, reviewed Cain's personnel file for tristar report. 0.50 08/28/2020 GB Drafted Tristar Report. 2.80 FOR CURRENT SERVICES RENDERED 10.30 2,095.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL GAL BETESH 8.20 $205.00 $1,681.00 INGRID RIERA 0.20 125.00 25.00 TRACEY A. DECARLO 1.90 205.00 389.50 TOTAL CURRENT WORK 2,095.50 BALANCE DUE $2,095.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 227 of 1055 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 09/02/2020 100 E. Ocean Avenue ACCOUNT NO: 306-9905369 Boynton Beach FL 33435 STATEMENT NO: 32750 Attn: Lynn Swanson adv. Moyse, Roseline (RLO) Billing Category: 18- RLO Claim#19754303 HOURS 08/03/2020 GB Emails with City regarding deposition of City representative. Conversation with TAD regarding deposition of City representative. 0.40 08/04/2020 TAD Review deposition of Plaintiff. Prepare outline of same. Revise correspondence to City re: deposition and issues raised by Plaintiff. Confer with GB re: City deponents. 2.80 GB Telephone conference calls and emails with City regarding deposition. Emails with TAD regarding depositions. 0.90 08/05/2020 GB Telephone conference call with TAD regarding City deposition. Emails with opposing counsel regarding deposition of City representatives. Emails with City regarding deposition. 0.60 TAD Receipt and review of correspondence from plaintiff re: depositions of City representatives. Review information requested by plaintiff re: representative deposition and objections. Confer with GB re: same. 0.90 08/13/2020 IR Receipt and review of Plaintiff's Notice of Taking Deposition of City of Boynton Beach representatives, under particular criteria, as delineated through various corporate representatives; updated trial witness and subpoena duces tecum tracking chart, with ticklers up through September 14, 2020; 0.40 08/14/2020 TAD Receipt and review of notice of deposition of city representative. Review case law re: areas of testimony and notice. Prepare correspondence re: objections. Confer with GB re: same. Review proposed objections. 1.10 GB Emails with TAD regarding Plaintiff's Notice of Deposition for City Representative. Drafted Objections to Plaintiffs Notice of Deposition for City Representative. 1.00 08/24/2020 GB Telephone conference calls and emails with opposing counsel regarding notice of deposition and objections thereto. Emails with City regarding deposition. 1.00 08/25/2020 GB Emails and telephone conference call with Plaintiff's counsel regarding changes to Plaintiffs Notice of Deposition of City Representative. 0.40 08/31/2020 GB Telephone conference call with Plaintiff's counsel regarding City's objection Page 228 of 1055 Page: 2 CITY OF BOYNTON BEACH 09/02/2020 ACCOUNT NO: 306-9905369 STATEMENT NO: 32750 adv. Moyse, Roseline (RLO) HOURS to Plaintiffs Notice of Deposition and emails regarding same. Summarized Plaintiff's deposition in preparation for Clty's deposition. 2.90 IR Receipt and review of email from Plaintiffs counsel, with Ms. Moyse's Amended Notice of Taking Depositions of Defendant and its representatives and employees, which includes Rule 30(b)(6)corporate representative; preparation of updates to the City of Boynton Beach's Trial Witness and Subpoena Duces Tecum tracking chart, listing dates of City employee and business represenatatives' deposition; 0.40 FOR CURRENT SERVICES RENDERED 12.80 2,560.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL GAL BETESH 7.20 $205.00 $1,476.00 INGRID RIERA 0.80 125.00 100.00 TRACEY A. DECARLO 4.80 205.00 984.00 TOTAL CURRENT WORK 2,560.00 BALANCE DUE $2,560.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 229 of 1055 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 09/02/2020 100 E. Ocean Avenue ACCOUNT NO: 306-9905375 Boynton Beach FL 33435 STATEMENT NO: 32751 Attn: Lynn Swanson adv. Geraci, Sanford and Meredith Geraci, John (Confrontation/Police Officer) Billing Category: 18- RLO Claim#19757010 HOURS 08/31/2020 TAD Receipt and review of correspondence from outside counsel re: claims. Receipt of motion. 0.20 FOR CURRENT SERVICES RENDERED 0.20 41.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL TRACEY A. DECARLO 0.20 $205.00 $41.00 TOTAL CURRENT WORK 41.00 BALANCE DUE $41.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 230 of 1055 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 09/02/2020 100 E. Ocean Avenue ACCOUNT NO: 306-9905421 Boynton Beach FL 33435 STATEMENT NO: 32752 Attn: Lynn Swanson adv. McFadden, Patrick (K9 Injuries) Billing Category: 18- RLO Claim#19779868 HOURS 08/03/2020 GB Emails with TAD regarding response to Complaint. Reviewed court filings. 0.30 08/04/2020 TAD Receipt and review of order from court regarding disclosures. Review rule re: same. Prepare correspondence re: same. Confer with GB re: same 0.90 GB Emails with TAD regarding stipulation pursuant to Court Order. 2.30 08/05/2020 GB Finalized and filed Motion to Dismiss and emails with TAD regarding Motion. Email to City and Tristar regarding case update. Emails with Sohn's attorney regarding City' Motion to Dismiss. 1.80 TAD Review and revise motion to dismiss and memorandum of law. Confer with GB re: same. Receipt of order regarding joint scheduling report and prepare correspondence re: same. Review claim information re: additional information needed for initial disclosures. 1.60 IR Receipt and review of the United States District Court, Docket Clerk's service of the City of Boynton Beach's Motion to Dismiss, Notice of Removal, of the Plaintiffs State Court Complaint, with Plaintiffs responses thereto due by August 19, 2020; preparation of ticklers for Plaintiffs responsive document, following Fed.R.Civ.P.; 0.30 08/06/2020 TAD Confer with GB re: initial disclosures. Review information on claim re: incident and reports for initial disclosure. 1.30 GB Email to City regarding relevant documents. 0.10 08/07/2020 IR Receipt and review of email from litigation team, regarding responsive discovery materials; reviewed videos, audio and still photographs of items from the date of Plaintiff's arrest, in this matter; receipt and review Federal Court Docket Clerk of the filings of Mark Sohn's Motion to Dismiss the State Court Complaint, Contained Within the Notice of Removal with Prejudice, with Plaintiff's Responses due by August 21, 2020; prepared ticklers regarding same; 1.90 GB Brief review of documents provided by City for Joint Stipulation. Emails with City regarding documents. 0.70 08/10/2020 IR Review of 911 Boynton Beach Police Department, dispatcher's recording from September 4, 2017, from the commencement of the 911 call, through Palmetto Park Road, in Boca Raton, FL, police chase of Plaintiff on 1-95; 1.30 TAD Receipt and review of correspondence re: discovery information and review Page 231 of 1055 Page: 2 CITY OF BOYNTON BEACH 09/02/2020 ACCOUNT NO: 306-9905421 STATEMENT NO: 32752 adv. McFadden, Patrick (K9 Injuries) HOURS information provided. Review Sohn motion to dismiss and memorandum of law. 0.40 GB Emails with City regarding documents. 0.10 08/11/2020 IR Review of documents received from the City of Boynton Beach; initial preparation of timeline memoranda, pertaining to City of Boynton Beach Police Department, dashboard camera from September 4, 2017, with tagged portions of the video, for use at trial and upcoming discovery; 1.70 GB Drafted Notice of Appearance. 0.20 08/14/2020 TAD Receipt and review of information from City re: initial disclosures. Confer with GB re: initial disclosures and proposed discovery plan. 0.40 GB Emails with TAD regarding Order Requiring Joint Scheduling Report, Certificates of Interested Parties and Corporate Disclosure Statements. Viewed and listened to recordings from City for Initial Disclosure per court order. 2.30 08/17/2020 TAD Receipt and review of order re:joint scheduling report. Review statute re: order and statement. Review information from judge on joint scheduling report and confer with GB re: same. 0.70 GB Conversations with TAD regarding joint disclosures. Emails with the City regarding additional documents. Received and reviewed documents for initial disclosures. Reviewed Federal Rules of Civil Procedure to comply with Court Order. 0.90 08/18/2020 GB Emails with the City regarding documents. Emails with Sohn's attorney regarding Joint Scheduling Order. Filed Notice of Appearance. 0.30 08/19/2020 GB Emails with the City regarding documents. 0.10 08/20/2020 TAD Receipt and review of plaintiffs response in opposition to City's motion to dismiss. Review case law re: same. 1.10 GB Reviewed documents from City for joint stipulation. 1.20 08/21/2020 TAD Receipt and review of motion to dismiss re: response. Receipt of additional information re: same. 0.40 IR Receipt and review of Plaintiffs Motion for Extension of Time to File Response/ Reply/Answer to Defendant's [DE 5] Motion to Dismiss the State Court Complaint; 0.20 GB Telephone conference call and emails with Plaintiffs Counsel regarding extension. 0.40 08/24/2020 GB Emails with Tristar regarding Tristar Initial Report. Drafted Initial disclosures. Emails with Sohn's attorney regarding joint scheduling order. Reviewed documents and recording provided by City for initial disclosures. Conversations with TAD regarding initial disclosures. 1.90 TAD Receipt and review of correspondence re: information from the City re: initial disclosures. Receipt of correspondence re: motion for extension of time. Review order re: initial disclosure and additional deadlines. 0.40 08/25/2020 TAD Review information re: initial disclosures and confer with GB re: police records and reports. Review information on video issues. Prepare correspondence re: same. 1.20 GB Conversation with TAD regarding initial disclosures. Emails with City regarding documents. Emails with Sohn's attorney regarding records. 0.40 Page 232 of 1055 Page: 3 CITY OF BOYNTON BEACH 09/02/2020 ACCOUNT NO: 306-9905421 STATEMENT NO: 32752 adv. McFadden, Patrick (K9 Injuries) HOURS 08/26/2020 GB Emails with City regarding documents. 0.10 08/27/2020 IR Receipt and review of Plaintiffs Response in Opposition to the City of Boynton Beach's Motion to Dismiss the state of Florida's Complaint, contained within the Notice of Removal with Prejudice, with the City's deadline due by 9.2.20 and Supporting Memorandum of Law in Support; 0.80 08/28/2020 GB Reviewed docs from City for Joint Stipulation. 2.10 FOR CURRENT SERVICES RENDERED 29.80 5,613.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL GAL BETESH 15.20 $205.00 $3,116.00 INGRID RIERA 6.20 125.00 775.00 TRACEY A. DECARLO 8.40 205.00 1,722.00 TOTAL CURRENT WORK 5,613.00 BALANCE DUE $5,613.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 233 of 1055 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 09/02/2020 100 E. Ocean Avenue ACCOUNT NO: 306-9905423 Boynton Beach FL 33435 STATEMENT NO: 32753 Attn: Lynn Swanson adv Mata Chorwadi Inc- Homing Inn Federal Lawsuit Billing Category: 18- RLO Claim#19780873 HOURS 08/03/2020 TAD Receipt and review of additional case law from Plaintiff motion for summary judgment re: response memorandum. Review plaintiffs statement of material facts re: objections to same. Prepare correspondence to City re: motions and update on expert information. 4.60 GB Drafted &filed Notice of Appearance. 0.30 IR Receipt and review of Plaintiff's motion for preliminary injunction, along with Notices of Filing deposition transcripts and witnesses' declarations; receipt and reviewed of Plaintiff's renewed motion for preliminary injunction, with exhibits in support, filed therewith; receipt and review of emails from Michael Kridel, CPA; receipt and review of Michael Kridel's July 31, 2020 professional services invoice; preparation of email to the City of Boynton Beach regarding retainer check received from Mr. Kridel; preparation of emails to Michael Kridel regarding same; preparation of ticklers to follow up with regarding to Mr. Kridel's invoice from June and July, 2020; 3.30 08/04/2020 IR Extensive review of Plaintiffs communications, that could potentially be considered by a civil jury, during the two week trial period, commencing November 2 - 13, 2020; cross-referenced trial witness records with the listed trial exhibits, which are due in September, 2020, for the parties to review, exchange and pre-mark, in advance of trial; 3.70 TAD Continue review of plaintiffs case law re: response to motion for summary judgment and motion for injunction. Confer with GB re: same. 3.30 08/05/2020 GB Reviewed Plaintiffs Motion for Partial Summary Judgment and cited case law and records for response to Motion. Reviewed Federal Rules of Civil Procedure and Local Rules regarding response to Motion for Summary Judgment. Began Drafting response to Plaintiffs Statement of Material Fact. Email to TAD regarding Plaintiff's Motion for Summary Judgment. 2.60 TAD Receipt and review of rules re: issues with Plaintiffs' motions. Confer with GB re: same. Review plaintiffs motion for summary judgment re: objections to facts and arguments. Review additional authority cited by the Plaintiff re: reply memorandum. 3.30 08/06/2020 TAD Review additional case law re: due process claims. Prepare memorandum of law in response to plaintiffs motion for summary judgment count II. Confer with GB re: additional response issues. 3.90 IR Reviewed Plaintiffs Motion for Partial Summary Judgment exhibits, in Page 234 of 1055 Page: 2 CITY OF BOYNTON BEACH 09/02/2020 ACCOUNT NO: 306-9905423 STATEMENT NO: 32753 adv Mata Chorwadi Inc- Homing Inn Federal Lawsuit HOURS preparation of the City of Boynton Beach's trial disclosures, marking same with notations when documents were received, if not received in this litigation prior; continuation of ross-reference of all fact witnesses' depositions and the exhibits attached, with new set of records received; 2.90 GB Telephone conference call and and Emails with TAD regarding response to Motion for Partial Summary Judgment. Drafted Response to Motion for Partial Summary Judgment, legal research for Response, and drafted Response to Statement of Material Facts. 3.70 08/07/2020 TAD Receipt and review of plaintiffs motion for preliminary injunction. Continue review case law re: same. Receipt of plaintiffs statement of material facts and review cites and proposed responses. Revise responses. Prepare revisions to response to Count II to include additional case law. Prepare additional facts for response to plaintiffs statement of material facts. 4.20 GB Legal Research and draft of Response to Motion for Summary Judgment and Response to Statement of Material Fact. 3.20 08/10/2020 TAD Continue preparation of additional facts for response to plaintiff's motion for summary judgment. Review affidavits of Plaintiff Kirit Shah and Moya Palmer. Review depositions of same re: response to motion for preliminary injunction. Prepare correspondence re: motion and statement. Begin to draft response to Motion for Injunction with supporting memorandum of law. 4.80 GB Drafted Response Statement of Material Fact and Response to Motion for Partial Summary Judgment. 3.50 08/11/2020 TAD Continue review and revision of response to plaintiffs statement of material facts and additional facts. Confer with GB re: response to plaintiff's motion for summary judgment. Continue preparation of memorandum of law opposing plaintiff's renewed request for injunction. Review testimony of Cafaro and Woods re: opposition to First Amendment claims. Review depositions of Kirit Shah, Dipika Shah and Moya Palmer re: response to injunction re: first amendment claims. Review additional case law and revise memorandum to include same. 3.80 GB Emails with TAD regarding response to Plaintiffs' Motion for Summary Judgment. Drafted, Edits and legal research for response to Plaintiffs' Motion for Partial Summary Judgment. 4.60 08/13/2020 TAD Revise memorandum in opposition to plaintiffs motion for preliminary injunction to include additional arguments and case law. Prepare exhibits to same. Review response to plaintiffs motion for summary judgment and memorandum of law and prepare revisions to same. Review court website re: information on trial setting and current orders. Review response to plaintiffs statement of material facts and prepare revisions to same. Confer with GB re: response to motion for summary judgment. 3.70 GB Draft and edits to response to Motion for Summary Judgment and Statement of Material Fact. 3.10 08/14/2020 IR Receipt and review of the City's Response in Opposition to the Plaintiff's Renewed Motion for Preliminary Injunction, or in the Alternative, Motion for Permanent Injunction [DE 85], with responsive deadline date; receipt and review of City's Motion for Partial Summary Judgement and Memoranda in Support Thereof[DE 86], with response due by 8.20.20; receipt and review of City's Response to Plaintiffs' Motion for Summary Judgment, City's Response to Plaintiffs' Statement of Material Facts in Support of Motion for Summary Judgment[DE DE 81-2], with replies thereto due by 8.20.20; 0.60 Page 235 of 1055 Page: 3 CITY OF BOYNTON BEACH 09/02/2020 ACCOUNT NO: 306-9905423 STATEMENT NO: 32753 adv Mata Chorwadi Inc- Homing Inn Federal Lawsuit HOURS 08/17/2020 TAD Receipt and review of plaintiffs response to City's statement of material facts. Receipt of plaintiffs' response to motion for summary judgment and memorandum of law. Review case law cited by Plaintiff re: response. Review trial order re: daubert motions. Prepare correspondence to plaintiff re: required conference. 3.20 GB Email to TAD regarding reply Plaintiffs' Response to City's Motion for Summary Judgment. Reviewed Response to City's Motion for Summary Judgment for Reply. Draft and legal research City's Response to Plaintiffs Motion for Partial Summary Judgment. 2.90 08/18/2020 TAD Review additional case law re: reply to plaintiffs response. Review deposition of Snow, Cafaro and Palmer re: reply to first amendment arguments. Prepare outline of same and confer with GB re: same. Review transcript of April 2019 hearing re:: due process arguments. Review hearing recording of December 19 re: reply to plaintiffs opposition to City's motion for summary judgment. Prepare arguments re: reply to due process arguments. Prepare correspondence to the city re: transcript of hearing. Confer with judicial assistant re: audio recording. Receipt of correspondence re: same. 4.80 IR Receipt and review of the Plaintiffs' Responses to the City's Motion for Summary Judgment, along with supplemental attachments, as requested under Fed.R.Civ.P.; reviewed email regarding counsel to discuss said motions, in advance of seeking court hearing on subject of said motions; 0.30 GB Drafted Reply to Plaintiffs'Additional Facts. Draft Reply to Plaintiffs' Response in Opposition to City's Motion for Summary Judgment. Emails with TAD regarding Reply. Emails with City regarding certification. Review of Rules for Reply. 2.90 08/19/2020 TAD Receipt and review of minutes of meeting. Prepare reply memorandum of law re: count II due process claims. Confer with GB re: reply. Receipt of correspondence from plaintiff re: conference and prepare response to same. Review reply to statement of material facts re: plaintiffs' additional facts and prepare revisions to same. Review testimony of Woods and Snow re: changes. Confer with GB re: documents from City and evidence for motions. Receipt of correspondence from plaintiff counsel re: daubert motion and prepare response to same, 3.80 GB Drafted Reply to Plaintiffs'Additional Facts. Emails with TAD regarding Reply. Drafted Reply to Plaintiffs Response to City's Motion for Summary Judgment. 4.30 08/20/2020 TAD Review and revise reply in response to plaintiffs opposition to City's motion for summary judgment. Confer with GB re: same. 1.50 GB Drafted Reply to Plaintiffs' Response to City's Motion for Summary Judgment. 4.30 08/21/2020 TAD Receipt and review of plaintiff's reply to City's additional facts. Receipt of plaintiffs reply memorandum in opposition to City's response to plaintiffs motion. Receipt of plaintiffs corrected motion. Receipt of plaintiffs reply to City's opposition to motion for preliminary injunction and review case law re: same. 2.70 IR Receipt and review of the City of Boynton Beach's Reply to Response to Motion [DE 76] Motion for Summary Judgment, with Exhibits A and B, hearing and minutes of meeting; receipt and review of City's Reply to Response to Motion [76] Motion for Summary Judgment Reply to Statement Page 236 of 1055 Page: 4 CITY OF BOYNTON BEACH 09/02/2020 ACCOUNT NO: 306-9905423 STATEMENT NO: 32753 adv Mata Chorwadi Inc- Homing Inn Federal Lawsuit HOURS of Material Facts to Plaintiff's Counter-Statement of Additional Facts [DE 89]; receipt and review of Plaintiffs Reply to Response in Opposition; receipt and review of Plaintiffs Reply to Motion for Partial Summary Judgment by Plaintiffs; receipt and review of Plaintiffs' Reply to Response to Motions; 0.60 GB Finalized Reply to Motion for Summary Judgment. 3.80 08/24/2020 TAD Receipt and review of correspondence from City re: records for motions. Prepare correspondence to plaintiff re: conference and receipt of response to same. Prepare second correspondence to plaintiff re: additional records requested for conference. 0.60 GB Email with City regarding certification for Motion for Summary Judgment exhibits. 0.10 08/25/2020 TAD Receipt and review of correspondence re: amended motion and confer with GB re: same. Confer with Plaintiff re: daubert motion. Revise motion and prepare exhibit for filing. Prepare correspondence to City re: plaintiff motion for summary judgment; plaintiff motion for injunction; city's responses to same; plaintiff's response to city's motion for summary judgment and city's daubert motion. 2.20 GB Emails with TAD regarding Plaintiffs' Corrected Motion for Partial Summary Judgment. Reviewed and compared Corrected Motion to Original Motion for possible response/ Motion to Strike, 1.30 08/28/2020 TAD Review case law re: motion in limine for trial. Review factual information re: stipulation. 1.40 FOR CURRENT SERVICES RENDERED 103.80 20,367.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL GAL BETESH 40.60 $205.00 $8,323.00 INGRID RIERA 11.40 125.00 1,425.00 TRACEY A. DECARLO 51.80 205.00 10,619.00 Photocopies 21.70 TOTAL EXPENSES THRU 08/31/2020 21.70 TOTAL CURRENT WORK 20,388.70 BALANCE DUE $20,388.70 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 237 of 1055 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 09/02/2020 100 E. Ocean Avenue ACCOUNT NO: 306-9905448 Boynton Beach FL 33435 STATEMENT NO: 32754 Attn: Lynn Swanson v. Fontenot, Joel (MVA) Billing Category: 18- RLO Claim#19787449 HOURS 08/03/2020 TAD Receipt and review of settlement proposal agreement from plaintiff. Prepare correspondence to City and adjuster re: same. 1.30 08/04/2020 TAD Review medical information and information from city re: accident. Revise correspondence to adjuster and City re: settlement demand. 1.10 IR Receipt and review of TAD email to Risk Management, along with attachments thereto and prepared tickler regarding follow up by 0.30 08/06/2020 TAD Receipt and review of correspondence from adjuster re: demand information. Review medical records re: same. Prepare response. 0.40 08/19/2020 TAD Prepare correspondence to Plaintiffs counsel re: demand. Prepare correspondence to City and adjuster re: status. Prepare draft responses and objections to request for admissions. Prepare draft objections and privilege log for response to request for production. Prepare correspondence to City re: information needed for response to request for production. Review information from the City including photographs, video and recording re: response to request for production. 2.80 IR Receipt and review of TAD email to Richard Ignoffo, Human Resources/ Risk Management with City of Boynton Beach and receipt and review of Mr. Ignoffo's response thereto; prepared tickler for follow up, pertaining to specific items requested; 0.30 08/21/2020 TAD Continue preparation of discovery responses and objections. 0.80 IR Receipt and review of email string between TAD and from Richard Ignoffo, City of Boynton Beach with Risk Management department, regarding discovery from the City, from Plaintiffs various requests; reviewed pleadings, regarding deadlines of discovery; 0.20 08/24/2020 TAD Receipt and review of correspondence re: status of review. Review information from the City and draft answers and objections to interrogatories. Prepare correspondence to City re: additional information needed for response to discovery. Prepare correspondence to plaintiff re: same. 1.70 08/25/2020 TAD Receipt and review of incident report and photographs. Receipt of correspondence from Clty re: response to discovery. Receipt of Page 238 of 1055 Page: 2 CITY OF BOYNTON BEACH 09/02/2020 ACCOUNT NO: 306-9905448 STATEMENT NO: 32754 v. Fontenot, Joel (MVA) HOURS correspondence to City re: claim. Receipt of registration and information on driver for response to discovery. Receipt and review of personnel file of Thomas for response to discovery. Revise response to request for production. Prepare correspondence to city re: additional information on documents for response to request for production. Prepare correspondence to plaintiff re: documents. 3.80 IR Receipt and review of the City of Boynton Beach's Responses to Plaintiffs Request for Admissions, filed 8.24.20; receipt and review of Richard Ignoffo, Human Resources and Risk Coordinator for City of Boynton Beach's email to TAD, enclosing multiple sets of discovery, as the City's to responses to Plaintiffs discovery, received 8.24.20; receipt and review of email string between TAD and Mr. Ignoffo, regarding the City's responsive documents, to clarify specific records, related to the City's discovery responses; 1.40 08/26/2020 TAD Receipt and review of correspondence from City re: response to request for production. Revise response and privilege log. Review all photographs and videos from police department. Prepare additional correspondence to the City re: drive and passenger information and receipt of response to same. Prepare correspondence to plaintiff counsel re: document production. Confer with City driver re: interrogatories. Revise interrogatory answers re: information from City and driver. 3.20 08/27/2020 TAD Receipt and review of correspondence from plaintiff re: discovery and prepare response to same. 0.20 08/31/2020 GB Conversation with TAD regarding case status. Reviewed report from insurance. 0.10 FOR CURRENT SERVICES RENDERED 17.60 3,432.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL GAL BETESH 0.10 $205.00 $20.50 INGRID RIERA 2.20 125.00 275.00 TRACEY A. DECARLO 15.30 205.00 3,136.50 TOTAL CURRENT WORK 3,432.00 BALANCE DUE $3,432.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 239 of 1055 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 09/02/2020 100 E. Ocean Avenue ACCOUNT NO: 306-9905460 Boynton Beach FL 33435 STATEMENT NO: 32755 Attn: Lynn Swanson adv. Johnson, Alexis (False Imprisonment) Billing Category: 18- RLO Claim#20806809 HOURS 08/27/2020 TAD Receipt and review of correspondence re: claim status from City and adjuster. 0.10 FOR CURRENT SERVICES RENDERED 0.10 20.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL TRACEY A. DECARLO 0.10 $205.00 $20.50 TOTAL CURRENT WORK 20.50 BALANCE DUE $20.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 240 of 1055 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 09/02/2020 100 E. Ocean Avenue ACCOUNT NO: 306-9905462 Boynton Beach FL 33435 STATEMENT NO: 32756 Attn: Lynn Swanson adv. Capobianco, Ewa (Charge of Discrimination) Billing Category: 18- RLO Claim#20806974 HOURS 08/17/2020 TAD Receipt and review of plaintiffs answers to interrogatories. Review information on witnesses and claims for report and for depositions. Begin preparation of report. 1.30 08/18/2020 TAD Receipt and review of investigation file for Moyse re: statements from plaintiff re: deposition areas for plaintiff which contradict claims. Outline same for report. 1.80 08/20/2020 TAD Review plaintiffs discovery responses and complaint and prepare initial report. Prepare correspondence to City re: information needed for discovery and deposition. Receipt of response to same. Prepare initial report. Telephone conference with City re: investigation. Receipt of additional information from the City re: discovery. 3.40 IR Receipt and review of email string between TAD and Julie Oldbury, City of Boynton Beach, regarding documents from the City that pertain to Plaintiff's employment and EEOC allegation; reviewed documents received from the City; 0.20 08/21/2020 TAD Receipt and review of plaintiff's personnel file. Revise outline to include information re: same. Prepare budget for claim. 2.60 08/24/2020 TAD Receipt and review of correspondence from City re: records on plaintiff. Review records from City and prior production re: information on plaintiff. Revise report to include additional information. Draft outline re: deposition of the Plaintiff. Prepare correspondence to plaintiff re: deposition. 3.10 08/31/2020 TAD Prepare correspondence to plaintiff re: deposition and prepare response to same. Prepare notice of non-party production and subpoena. 0.60 IR Receipt and review of counsel for City of Boynton Beach's email request for dates of Plaintiff's deposition, in October of 2020; receipt and review of response from Plaintiffs counsel, directing staff to provide preferred deposition dates; preparation of tickler to receive response from Plaintiff, providing a specific date and time for Ms. Capobianco's deposition; 0.30 FOR CURRENT SERVICES RENDERED 13.30 2,686.50 Page 241 of 1055 Page: 2 CITY OF BOYNTON BEACH 09/02/2020 ACCOUNT NO: 306-9905462 STATEMENT NO: 32756 adv. Capobianco, Ewa (Charge of Discrimination) RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL INGRID RIERA 0.50 $125.00 $62.50 TRACEY A. DECARLO 12.80 205.00 2,624.00 TOTAL CURRENT WORK 2,686.50 BALANCE DUE $2,686.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 242 of 1055 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 09/02/2020 100 E. Ocean Avenue ACCOUNT NO: 306-9905480 Boynton Beach FL 33435 STATEMENT NO: 32757 Attn: Lynn Swanson adv. Bible Church of God (Property Damage/Fiber Optic Cable) Billing Category: 18- RLO Claim#19792048 HOURS 08/06/2020 TAD Receipt and review of correspondence re: status of notice. Review information on Church. Revise correspondence to send to registered agent. Prepare correspondence to City re: same. Receipt of correspondence from City and adjuster re: same. 1.30 FOR CURRENT SERVICES RENDERED 1.30 266.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL TRACEY A. DECARLO 1.30 $205.00 $266.50 TOTAL CURRENT WORK 266.50 BALANCE DUE $266.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 243 of 1055 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 09/02/2020 100 E. Ocean Avenue ACCOUNT NO: 306-9905498 Boynton Beach FL 33435 STATEMENT NO: 32758 Attn: Lynn Swanson adv. Clemons, Latosha (Personal Injury Injury from a Public Art Mural and It's Unveiling) Billing Category: 18- RLO Claim#20820231 HOURS 08/04/2020 IR Receipt and review of tickler due this date, to check online Palm Beach Circuit Court docket, for new court filings; prepared follow up for 2 weeks regarding same; 0.20 FOR CURRENT SERVICES RENDERED 0.20 25.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL INGRID RIERA 0.20 $125.00 $25.00 TOTAL CURRENT WORK 25.00 BALANCE DUE $25.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 244 of 1055 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 09/02/2020 100 E. Ocean Avenue ACCOUNT NO: 306-9905510 Boynton Beach FL 33435 STATEMENT NO: 32759 Attn: Lynn Swanson adv. D'Almeida, Frances (sewer back-up, water damage to property) Billing Category: 18- RLO Claim# HOURS 08/27/2020 IR Receipt and review of email from legal secretary, pertaining to property damage/sewer back-up; preparation of tickler to follow up if paralegal tasks necessary in this claim; 0.20 FOR CURRENT SERVICES RENDERED 0.20 25.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL INGRID RIERA 0.20 $125.00 $25.00 TOTAL CURRENT WORK 25.00 BALANCE DUE $25.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 245 of 1055 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 09/02/2020 100 E. Ocean Avenue ACCOUNT NO: 306-9905511 Boynton Beach FL 33435 STATEMENT NO: 32760 Attn: Lynn Swanson adv Ho, Wing K., Pro Se and Ho, Karen Yeh, Pro Se (Violation of Civil Rights) Billing Category: 18- RLO Claim#20825463 HOURS 08/26/2020 HN Review of complaint and notes. Discussions with TAC and JAC re: complaint. Review of federal rules of procedure rule 12 1.70 IR Receipt and review of emails regarding new City of Boynton Beach federal civil litigation; review Plaintiffs Complaint; reviewed materials from the City and ran online searches of Plaintiffs; organization of multiple sets of court dockets retrieved; preparation of email with findings, including attachments thereto; 3.70 TAD Receipt and review of correspondence from City re: new complaint. Review complaint. Review information on claim. Confer with HN re: complaint and response issues. 1.80 08/27/2020 HN Started drafting motion to dismiss. Legal research and incorporation of case law. Notes of issues in complaint that need to be addressed. 4.90 IR Reviewed pleadings filed by Win Yeh-Ho, on 8.21.20; preparations of updates to the City of Boynton Beach's Trial Witness and Subpoena Duces Tecum Tracking Chart; 1.30 TAD Receipt and review of correspondence re: complaint. Confer with HN re: motion to dismiss. Confer with the City re: claim and issues with CRA. Review claims and case law re: same. 2.20 08/28/2020 IR Receipt and review of email chain between Karen Klein at TriStar Group and the City of Boynton Beach, acknowledging new litigation claim; preparation of updates to Trial Witness tracking chart; retrieved online federal court docket, following email from HSN request for same; preparation of responsive email, with current PACER federal court docket; 0.80 TAD Receipt and review of complaint. Prepare correspondence to City re: issues. Confer with HN re: response to complaint. Review exhibits to complaint remotion to dismiss and strike. 3.10 HN Phone call discussions with TAD and JAC regarding federal complaint. Created outline for motion to dismiss. Drafting motion to dismiss. Research as to "official capacity" liability. 4.50 08/31/2020 HN Research on westlaw related to federal rules of civil procedure 8. Conversation with Shane Kittendorf regarding lawsuit and the different processes of code liens and notice of demolitions. 3.40 TAD Receipt and review of correspondence from City re: conference. Review Page 246 of 1055 Page: 2 CITY OF BOYNTON BEACH 09/02/2020 ACCOUNT NO: 306-9905511 STATEMENT NO: 32760 adv Ho, Wing K., Pro Se and Ho, Karen Yeh, Pro Se (Violation of Civil Rights) HOURS information from case on code issue and history. Receipt of emails and correspondence re: code matter and history of claim. Receipt of correspondence from City re: CRA issues. Confer with counsel for the CRA re: response to complaint. Prepare correspondence to City and adjuster re: information on response. 2.40 FOR CURRENT SERVICES RENDERED 29.80 5,645.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL HEATHER NEEDELMAN 14.50 $205.00 $2,972.50 INGRID RIERA 5.80 125.00 725.00 TRACEY A. DECARLO 9.50 205.00 1,947.50 TOTAL CURRENT WORK 5,645.00 BALANCE DUE $5,645.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 247 of 1055 ROBERTS, REYNOLDS, BEDARD & TUZZIO, PLLC 470 Columbia Drive, Suite C-101 West Palm Beach, Florida 33409 Telephone (561)688-6560 Tax ID No. 65-0004867 Tristar Risk Management August 20, 2020 Attn: Karen Klein Bill No. 53367 P.O. Box 2805 Clinton, Iowa 52733-2805 CLIENT: Gallagher Bassett Services, Inc. 138 MATTER: Readon v. Boynton Beach 18187 Claim #001470-000396-AB-01 BILL FOR FEES AND COSTS THROUGH 07/31/20 PROFESSIONAL SERVICES Date Services Attorney Hours 07/16/20 Communicate/With Client correspondences to and from Karen SWK 0.30 Klein re: upcoming telephone conference with attorney DeCarlo and Kimberly Emberson of Brit Global Specialty USA to discuss settlement efforts. 07/20/20 Telephone conference with Kimberly Eberson, excess adjuster BLB 0.90 to discuss current status of case and future strategy. PROFESSIONAL SERVICES SUMMARY Code Name Hours Rate Amount BLB Benjamin L. Bedard, Partner 0.90 185.00 166.50 SWK Stephanie W. Kaufer, Partner 0.30 185.00 55.50 Total Professional Services 1.20 $222.00 DISBURSEMENTS Date Description Amount 07/17/20 Deposition Transcripts #10051 Hearing to determine 85.00 deposition procedures for defendant, Mark Sohn. - Brenda Longarzo &Associates Total Disbursements $85.00 Page 248 of 1055 Client: Gallagher Bassett Services, Inc. August 20, 2020 Matter: 18187 - Readon v. Boynton Beach Page 2 CURRENT BILL TOTAL AMOUNT DUE $ 307.00 Balance Forward: 395.50 Payments &Adjustments: -395.50 Total Due: $ 307.00 Page 249 of 1055 Please return this page with remittance to Roberts, Reynolds, Bedard & Tuzzio, PLLC 470 Columbia Drive, Suite C-101 West Palm Beach, Florida 33409 Bill Number: 53367 Bill Date: August 20, 2020 Client Code: 138 Client Name: Gallagher Bassett Services, Inc. Matter Code: 18187 Matter Name: Readon v. Boynton Beach Total Professional Services 222.00 Total Disbursements 85.00 CURRENT BILL TOTAL AMOUNT DUE $ 307.00 Balance Forward: 395.50 Payments &Adjustments: -395.50 Total Due: $ 307.00 Past Due Balance 0.00 TOTAL AMOUNT DUE $307.00 Page 250 of 1055 ROBERTS, REYNOLDS, BEDARD & TUZZIO, PLLC 470 Columbia Drive, Suite C-101 West Palm Beach, Florida 33409 Telephone (561)688-6560 Tax ID No. 65-0004867 City of Boynton Beach August 20, 2020 Attn: Karen Klein Bill No. 53354 P.O. Box 310 Boynton Beach, FL 33425-0310 CLIENT: City of Boynton Beach 032 MATTER: McFadden v. CBB/Sohn 20469 Claim #N/A BILL FOR FEES AND COSTS THROUGH 07/31/20 PROFESSIONAL SERVICES Date Services Attorney Hours 07/16/20 Receipt and review of Correspondence from Julie Oldbury re: BLB 0.50 new case. 07/16/20 Preparation of Correspondence to Julie Oldbury re: confirm BLB 0.30 new case and request file. 07/16/20 Receipt and review of Correspondence from Julie Oldbury re: BLB 0.10 will send over file. 07/16/20 Communicate/Other Counsel multiple correspondences to and SWK 0.40 from Tracey De Carlo re: advise representation of officer Sohn, if De Carlo representing city, and if agree to file Notice to remove case to federal court. 07/16/20 Preparation of Email Designation. SWK 0.10 07/16/20 Preparation of Notice of Appearance. SWK 0.10 07/16/20 Preparation of Notice of Unavailability. SWK 0.10 07/16/20 Preparation of Correspondence to Julie Oldbury re: confirm SWK 0.30 new case and request file. 07/21/20 Receipt and review of Plaintiff's Notice of Filing Affidavit of SWK 0.10 Service for City of Boynton Beach. 07/21/20 Receipt and review of Plaintiff's Notice of Filing Affidavit of SWK 0.10 Service for Mark Sohn. 07/22/20 Preparation of Statement of Insured's Clients Rights. SWK 0.20 07/22/20 Preparation of Correspondence to Officer Mark Sohn re: SWK 0.30 advise of representation, request file and request telephone conference to discuss. 07/22/20 Draft/Revise joint notice of removal filed in state court AGB 0.30 07/22/20 Draft/Revise joint notice of removal filed in federal court AGB 0.70 Page 251 of 1055 Client: City of Boynton Beach August 20, 2020 Matter: 20469 - McFadden v. CBB/Sohn Page 2 PROFESSIONAL SERVICES Date Services Attorney Hours 07/22/20 Receipt and review of Correspondence from Julie Oldbury re: SWK 1.30 company file. 07/24/20 Preparation of correspondence to Ms. DeCarlo re: Joint Notices AGB 0.20 of Removal. 07/27/20 Draft/Revise civil cover sheet with specific information for AGB 0.30 removal of case to Federal Court 07/27/20 Draft/Revise motion to dismiss Plaintiff's complaint against AGB 2.60 Officer Sohn, including review and analysis of pertinent portions of file (approximately 70 pages) 07/27/20 Research regarding the use of police dog in 1983 excessive AGB 1.90 force claims and what constitutes reasonable force in effectuating arrest of fleeing suspect 07/30/20 Review/Analyze relevant file documents to begin witness list JK 0.70 and determine relevant information needed for future discovery requests. PROFESSIONAL SERVICES SUMMARY Code Name Hours Rate Amount AGB Ann G. Breeden, Associate 6.00 160.00 960.00 BLB Benjamin L. Bedard, Partner 0.90 185.00 166.50 JK Jaime Kehoe, Paralegal 0.70 160.00 112.00 SWK Stephanie W. Kaufer, Partner 3.00 185.00 555.00 Total Professional Services 10.60 $1,793.50 CURRENT BILL TOTAL AMOUNT DUE $ 1,793.50 Balance Forward: 0.00 Payments &Adjustments: -0.00 Total Due: $ 1,793.50 Page 252 of 1055 Please return this page with remittance to Roberts, Reynolds, Bedard & Tuzzio, PLLC 470 Columbia Drive, Suite C-101 West Palm Beach, Florida 33409 Bill Number: 53354 Bill Date: August 20, 2020 Client Code: 032 Client Name: City of Boynton Beach Matter Code: 20469 Matter Name: McFadden v. CBB/Sohn Total Professional Services 1,793.50 Total Disbursements 0.00 CURRENT BILL TOTAL AMOUNT DUE $ 1,793.50 Balance Forward: 0.00 Payments &Adjustments: -0.00 Total Due: $ 1,793.50 Past Due Balance 0.00 TOTAL AMOUNT DUE $1,793.50 Page 253 of 1055 6.E. Consent Agenda 9/15/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 9/15/2020 Requested Action by Commission: Proposed Resolution No. R20-98-Authorize the Mayor to sign the application and agreement for Library State Aid to Public Libraries Grant for FY2020-2021. Explanation of Request: The State requires that each year, the City Commission authorize the Grant Application and Agreement for State Aid to Public Libraries. Final grant award is based on FY2018-2019 City of Boynton Beach funds expended for Library Services $2,468,102. Final grant award, which is estimated to be $44,853, will be announced in February 2021 and is based on State Legislature approval of State Aid Fund allocation to Libraries in the State of Florida. How will this affect city programs or services? Approval will qualify the Library to receive a State Aid Grant which is an incentive program designed to encourage communities to provide adequate local funding to support library service. These grant funds will help purchase future library technology equipment. Fiscal Impact: Non-budgeted State Aid Grants are operational grants that bring additional library resources to the community. Grants formulas are based on local funds invested in library service. The more local money spent of Library Services, the higher the grant amounts. Alternatives: Do not approve and eliminate the Library from the State Aid Grant Program. Strategic Plan: Strategic Plan Application: Climate Action: No Climate Action Discussion: Is this a grant? Yes Grant Amount: 44,853 Page 254 of 1055 ATTACHMENTS: Type Description D Resolution Resolution approving State Aid Agreement for Library D Attachment FY2020-2021 State Aid Agreement Page 255 of 1055 1 RESOLUTION NO. R20- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, APPROVING AND AUTHORIZING THE 5 MAYOR TO SIGN THE GRANT APPLICATION AND 6 STATE AID TO LIBRARIES GRANT AGREEMENT 7 BETWEEN THE CITY OF BOYNTON BEACH AND 8 FLORIDA DEPARTMENT OF STATE FOR THE FISCAL 9 YEAR 2020-2021; AND PROVIDING AN EFFECTIVE 10 DATE. 11 12 13 WHEREAS,the State of Florida requires that the City of Boynton Beach authorize the 14 Grant Application and Agreement for Library State Aid each year; and 15 WHEREAS,final grant award is based on FY 2018-2019 City of Boynton Beach funds 16 expended for Library Services; and 17 WHEREAS, the final grant award, which is estimated to be $44,853.00, will be 18 announced in February, 2020 and is based on State Legislature approval of State Aid Fund 19 allocation to libraries in the State of Florida; and 20 WHEREAS,upon recommendation of staff,the City Commission has determined that 21 it is in the best interests of the residents of the City to authorize the Mayor to sign the State 22 Aid to Libraries Grant Application and Agreement with the Florida Department of State, 23 Division of Library and Information Services for the Fiscal Year 2020-2021. 24 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 25 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 26 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 27 being true and correct and are hereby made a specific part of this Resolution upon adoption 28 hereof. 29 Section 2. The City Commission of the City of Boynton Beach,Florida does hereby S:ACA\RESO\Agreements\Grants\Library State Aid Grant 2020-21-Reso.docx Page 256 of 1055 30 approve and authorize the Mayor to sign the State Aid to Libraries Grant Application and 31 Agreement with Florida Department of State, Division of Library and Information Services for 32 the Fiscal Year 2020-2021, a 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 15th day of September, 2020 35 CITY OF BOYNTON BEACH, FLORIDA 36 YES NO 37 38 Mayor— Steven B. Grant 39 40 Vice-Mayor—Ty Penserga 41 42 Commissioner—Justin Katz 43 44 Commissioner—Woodrow L. Hay 45 46 Commissioner—Christina L. Romelus 47 48 VOTE 49 ATTEST: 50 51 52 Crystal Gibson, MMC 53 City Clerk 54 55 56 (Corporate Seal) S:ACA\RESO\Agreements\Grants\Library State Aid Grant 2020-21-Reso.docx Page 257 of 1055 21-ST-55 Boynton Beach City Library STATE AID TO LIBRARIES GRANT AGREEMENT BETWEEN THE STATE OF FLORIDA, DEPARTMENT OF STATE AND City of Boynton Beach for and on behalf of Boynton Beach City Library This Agreement is by and between the State of Florida, Department of State, Division of Library and Information Services, hereinafter referred to as the"Division," and the City of Boynton Beachfor and on behalf of Boynton Beach City Library, hereinafter referred to as the"Grantee." The Grantee has submitted an application and has met all eligibility requirements and has been awarded a State Aid to Libraries Grant(CSFA 45.030)by the Division in the amount specked on the"Fiscal Year 2020-21 State Aid to Libraries Final Grants"document(which is incorporated as part of this Agreement and entitled Attachment B). The Division has the authority to administer this grant in accordance with Section 257,Florida Statutes. By reference,the application and any approved revisions are hereby made a part of this agreement. In consideration of the mutual covenants and promises contained herein, the parties agree as follows: 1. Grant Purpose.This grant shall be used exclusively for the"State Aid to Libraries Grant,"the public purpose for which these funds were appropriated. a) The Grantee shall perform the following Scope of Work: In accordance with Sections 257.17-257.18, Florida Statutes, the Grantee shall receive a grant amount that is calculated and based upon local funds expended during the second preceding fiscal year for the operation and maintenance of the library. For this grant,the local expenditures shall have been made during the period October 1, 2018 - September 30, 2019. In order to be eligible to receive the grant funding, the Grantee shall manage or coordinate free library service to the residents of its legal service area for the period October 1, 2018 through June 30, 2021. The Grantee shall: o Have a single administrative head employed full time by the library's governing body; o Provide free library service, including loaning materials available for circulation free of charge and providing reference and information services free of charge; o Provide access to materials, information and services for all residents of the area served;and o Have at least one library, branch library or member library open 40 hours or more each week (excluding holidays;between Sunday through Saturday, on a schedule determined by the library system) during the length of the agreement. b) The Grantee agrees to provide the following Deliverables related to the Scope of Work for payments to Page: 1 Vit;€t.:lit i?)1 ibrarics Draft£.-1„€eQ,€I�a zi onr_D IS":S;102) n C.a p- Ili..()E!'2- i2 J.? Page 258 of 1055 be awarded. Payment 1,Dehverable/Task 1 Payment will be an advance in the amount of 50%of the grant award for the period October 1,2018 through June 30,2021.The Grantee w>u: o Have expended funds to provide free library service during the period October 1, 2018 - September 30, 2019; o Provide an Expenditure Report and certification of Local Operating Expenditures for the period October 1, 2018 - September 30, 2019 only; and o Provide the Certification of Credentials for the Single Administrative Head. Payment 2,Deliverable/Task 2 Payment will be an advance in the armunt of 50%of the grant award for the period October 1,2018 through June 30,2021.The Grantee wRL- o Provide documentation showing that at least one library,branch library or member library is open 40 hours or more each week(excluding holidays;between Sunday through Saturday, on a schedule determined by the library system)during the length of the agreement; and o Provide a Certification of Hours, Free Library Service and Access to Materials. c) Grant funds shall be used for the operation and maintenance of the library. The allowable budget categories are:Personnel Services (salaries, wages, and related employee benefits provided for all persons employed by the reporting entity whether on full-time,part-time, temporary, or seasonal basis); Operating Expenses (expenditures for goods and services which primarily benefit the current period and are not defined as personal services or capital outlays);Non-Fixed Capital Outlay(outlays for the acquisition of or addition to fixed assets); and Other(other operating expenditure categories in the library budget). 2. Length of Agreement.This Agreement covers the period of October 1, 2018 to June 30, 2021, unless terminated in accordance with the provisions of Section 28 of this Agreement. This period begins with the start of the Grantee's second preceding fiscal year(October 1, 2018)and concludes with the end of the State of Florida's current fiscal year(June 30, 2021). 3. Expenditure of Grant Funds. Grant funds will be used to reimburse a portion of local funds expended by the Grantee during their second preceding fiscal year(October 1, 2018— September 30, 2019) for the operation and maintenance of a library and shall not exceed the amount specified in Attachment B.No costs incurred after the second preceding fiscal year shall be allowed unless specifically authorized by the Division. 4. Contract Administration. The parties are legally bound by the requirements of this agreement. Each party's contract manager, named below, will be responsible for monitoring its performance under this Agreement and will be the official contact for each party. Any notice(s) or other communications in regard to this agreement shall be directed to or delivered to the other party's contract manager by utilizing the information below. Any change in the contact information below should be submitted in writing to the contract manager within 10 days of the change. Page:2 Sut .dict t,C_Narici:(Ant .'i rs rr:!(For.aeT:3US SAW) ,fiti:unkirair,et:ot3 ,Fic,,,,tiv,W-2020 Page 259 of 1055 For the Division of Library and Information Services: Marian Deeney, Library Program Administrator Florida Department of State R.A. Gray Building 500 South Bronough Street Tallahassee, FL 32399-0250 Phone: 850.245.6620 Email:marian.deeney@dos.myflorida.com For the Grantee: Tiffany Pagan Boynton Beach City Library 100 East Ocean Avenue Boynton Beach Florida 33535 Phone: 561.742.6380 Email: PaganT@bbfl.us 5. Grant Payments. The total grant award shall not exceed the amount specified on the Fiscal Year 2020-21 State Aid to Libraries Final Grants document(Attachment B),which shall be paid by the Division in consideration for the Grantees minimum performance as set forth by the terms and conditions of this Agreement. Payment will be made in accordance with the completion of the Deliverables. The grant payment schedule is outlined below: a) The first payment will be 50% of the grant award. Payment will be made in accordance with the completion of the Deliverables. b) The second payment will be 50% of the grant award. Payment will be made in accordance with the completion of the Deliverables. 6. Electronic Payments. The Grantee can choose to use electronic funds transfer(EFT)to receive grant payments. All grantees wishing to receive their award through EFT must submit a Vendor Direct Deposit Authorization form(formrnm-ber DFS-AI-26E,rev 6/2014),i rorporatedbyreference,to the Florida Department of Financial Services. If EFT has already been set up for your organization, you do not need to submit another authorization form unless you have changed bank accounts. To download this form visit m floridacfo.c�nIli isiC)II AA/Forms/DFS-A1-ICThe form also includes tools and information that allow you to check on payments. 7. Florida Substitute Form W-9. A completed Substitute Form W-9 is required from any entity that receives a payment from the State of Florida that may be subject to 1099 reporting. The Department of Financial Services (DFS)must have the correct Taxpayer Identification Number(TIN)and other related information in order to report accurate tax information to the Internal Revenue Service(IRS). To register or access a Florida Substitute Foran W-9 visit flvendor.my ilori c _ cpm/. A copy of the Grantee's Florida Substitute Form W-9 must be submitted by the Grantee to the Division before or with the executed Agreement. Page:3 5t;a€�.+ici :>[.il�rariee�.;3att ;la�r�:,.x�.�iE t='tris'•=�;}i,[`i"4:'sC:2) I B-2,0i 1;2'x(:).1`106]a ztdmil:i stnai,, €:otic;[:::'i'—.*:iv--:00-2M Page 260 of 1055 8. Financial Consequences. The Department shall apply the following financial consequences for failure to perform the minimum level of services required by this Agreement in accordance with Sections 215.971 and 287.058,Florida Statutes: The Department shall require the return of the award in a prorated amount based upon the percentage of time that the library failed to perform the minimum level of services. The prorated reduction will be in the same percentage as the percentage of time that the library was not providing minimum level of services. 9. Credit Line(s)to Acknowledge Grant Funding. The Division requires public acknowledgement of State Aid to Libraries Grant funding for activities and publications supported by grant funds. Any announcements, information,press releases, publications, brochures, videos,web pages, programs, etc. created as part of a State Aid to Libraries Grant project must include an acknowledgment that State Aid to Libraries Grant funds were used to create them. Use the following text: "This project has been funded under the provisions of the State Aid to Libraries Grant program, administered by the Florida Department of State's Division of Library and Information Services." 10. Non-allowable Grant Expenditures. The Grantee agrees to expend all grant funds received under this agreement solely for the purposes for which they were authorized and appropriated. Expenditures shall be in compliance with the state guidelines for allowable project costs as outlined in the Department of Financial Services' Reference Guide for State Expenditures (as ofJanaaay2020),incorporated byreference,which are available online at httos.:/www.m floridacfE).w om/�;ivision/aa/manualsldoc kments/Referencef iuid for tateE_xl enditures. ?df, Grant funds may not be used for the purchase or construction of a library building or library quarters. 11. Travel Expenses. The Grantee must pay any travel expenses, from grant or local matching funds, in accordance to the provisions of Section 112.061,Florida Statutes. 12. Unobligated and Unearned Funds and Allowable Costs. In accordance with Section 215.971,Florida Statutes, the Grantee shall refund to the State of Florida any balance of unobligated funds which has been advanced or paid to the Grantee. In addition, funds paid in excess of the amount to which the recipient is entitled under the terms and conditions of the agreement must be refunded to the state agency. Further, the recipient may expend funds only for allowable costs resulting from obligations incurred during the specified agreement period. Expenditures of state financial assistance must be in compliance with the laws,rules and regulations applicable to expenditures of State funds as outlined in the Department of Financial Service's Reference Guide for State Expenditures (as of January 2020) (htq)s.//www.ni - oridac.f�i,coan/division/as/man_uals/documcuts/Reference ui efbrStateEx� enditures.l)df), incorporated by reference. 13. Repayment. All refunds or repayments to be made to the Department under this agreement are to be made payable to the order of"Department of State"and mailed directly to the following address:Florida Department Page:4 4tat,�.:?id t,,I_i€>rnries;t imm;!;rc . .;t O orsx:IXIS' C?i a'':i::_-:sr IB.20!I2',Yo',3 Ori;da plc{.nnktrati*,Cod--,i:.:ccti.r W-21020 Page 261 of 1055 of State, Attention:Marian Deeney, Division of Library and Information Services, 500 South Bronough Street, Mail Station#913,Tallahassee, FL 32399. In accordance with Section 215.34(2),Florida Statutes, if a check or other draft is returned to the Department for collection, Recipient shall pay to the Department a service fee of $15.00 or five percent(5%) of the face amount of the returned check or draft, whichever is greater. 14. Single Audit Act. Each Grantee, other than a Grantee that is a State agency, shall submit to an audit pursuant to Section 215.97, Florida Statutes. See Attachment A for additional information regarding this requirement. If a Grantee is not required by law to conduct an audit in accordance with the Florida Single Audit Act because it did not expend at least$750,000 in state financial assistance, it must submit a Financial Report on its operations pursuant to Section 218.39,Florida Statutes within nine months of the close of its fiscal year. 15. Retention of Accounting Records. Financial records, supporting documents, statistical records and all other records, including electronic storage media pertinent to the Project, shall be retained for a period of five(5) fiscal years after the close out of the grant and release of the audit. If any litigation or audit is initiated or claim made before the expiration of the five-year period, the records shall be retained for five fiscal years after the litigation, audit or claim has been resolved. 16. Obligation to Provide State Access to Grant Records. The Grantee must make all grant records of expenditures, copies of reports, books, and related documentation available to the Division or a duly authorized representative of the State of Florida for inspection at reasonable times for the purpose of making audits, examinations, excerpts and transcripts. 17. Obligation to Provide Public Access to Grant Records. The Division reserves the right to unilaterally cancel this Agreement in the event that the Grantee refuses public access to all documents or other materials made or received by the Grantee that are subject to the provisions of Chapter 119, Florida Statutes, known as the Florida Public Records Act. The Grantee must immediately contact the Division's Contract Manager for assistance if it receives a public records request related to this Agreement. 18. Noncompliance. Any Grantee that is not following Florida statutes or rules, the terms of the grant agreement, Florida Department of State policies and guidance, local policies, or other applicable law or that has not submitted required reports or satisfied other administrative requirements for other Division of Library and Information Services grants or grants from any other Office of Cultural, Historical, and Information Programs (OCHIP)Division will be in noncompliance status and subject to the OCHIP Grants Compliance Procedure. OCHIP Divisions include the Division of Cultural Affairs,the Division of Historical Resources, and the Division of Library and Information Services. Grant compliance issues must be resolved before a grant award agreement may be executed and before grant payments for any OCHIP grant may be released. 19. Accounting Requirements. The Grantee must maintain an accounting system that provides a complete record of the use of all grant funds as follows: a) The accounting system must be able to specifically identify and provide audit trails that trace the receipt, maintenance and expenditure of state funds; b) Accounting records must adequately identify the sources and application of funds for all grant activities and must classify and identify grant funds by using the same budget categories that were approved in the Page:5 St.atw AiJ i.?€_iIN 0ioS C;:'a:t r1„rc :C ff(,r;t;DLIw 8.W2) If- D I"U"i(a),Florida A nfiriistrati e Cb&,51”,el,iv,}01-2023 Page 262 of 1055 grant application. If Grantee's accounting system accumulates data in a different format than the one in the grant application, subsidiary records must document and reconcile the amounts shown in the Grantee's accounting records to those amounts reported to the Division; c) An interest-bearing checking account or accounts in a state or federally chartered institution may be used for revenues and expenses described in the Scope of Work and detailed in the Estimated Project Budget; d) The name of the account(s)must include the grant award number; e) The Grantee's accounting records must have effective control over and accountability for all funds, property and other assets; and f) Accounting records must be supported by source documentation and be in sufficient detail to allow for a proper pre-audit and post-audit(such as invoices, bills and canceled checks). 20. Availability of State Funds. The State of Florida's performance and obligation to pay under this Agreement are contingent upon an annual appropriation by the Florida Legislature. In the event that the state funds upon which this Agreement is dependent are withdrawn, this Agreement will be automatically terminated and the Division shall have no further liability to the Grantee beyond those amounts already expended prior to the termination date. Such termination will not affect the responsibility of the Grantee under this Agreement as to those funds previously distributed. In the event of a state revenue shortfall, the total grant may be reduced accordingly, 21. Lobbying. The Grantee will not use any grant funds for lobbying the state legislature, the state judicial branch or any state agency. 22. Independent Contractor Status of Grantee. The Grantee, if not a state agency, agrees that its officers, agents and employees, in performance of this Agreement, shall act in the capacity of independent contractors and not as officers, agents or employees of the state. The Grantee is not entitled to accrue any benefits of state employment, including retirement benefits and any other rights or privileges connected with employment by the State of Florida. 23. Grantee's Subcontractors.The Grantee shall be responsible for all work performed and all expenses incurred in connection with this Agreement. The Grantee may subcontract, as necessary,to perform the services and to provide commodities required by this Agreement. The Division shall not be liable to any subcontractor(s) for any expenses or liabilities incurred under the Grantee's subcontract(s), and the Grantee shall be solely liable to its subcontractor(s) for all expenses and liabilities incurred under its subcontract(s). The Grantee must take the necessary steps to ensure that each of its subcontractors will be deemed to be independent contractors and will not be considered or permitted to be agents, servants,joint venturers or partners of the Division. 24. Liability. The Division will not assume any liability for the acts, omissions to act or negligence of the Grantee, its agents, servants or employees;nor may the Grantee exclude liability for its own acts, omissions to act or negligence to the Division. a) The Grantee shall be responsible for claims of any nature, including but not limited to injury, death and property damage arising out of activities related to this Agreement by the Grantee, its agents, servants, Page:6 tt;C Aid w Libwriut: d. )�* P,, rid-1 Idea s35:;r<, k Co :(c.I Page 263 of 1055 employees and subcontractors. The Grantee shall indemnify and hold the Division harmless from any and all claims of any nature and shall investigate all such claims at its own expense. If the Grantee is governed by Section 768.28,Florida Statutes, it shall only be obligated in accordance with this Section. b) Neither the state nor any agency or subdivision of the state waives any defense of sovereign immunity or increases the limits of its liability by entering into this Agreement. c) The Division shall not be liable for attorney fees, interest, late charges or service fees, or cost of collection related to this Agreement. d) The Grantee shall be responsible for all work performed and all expenses incurred in connection with the project. The Grantee may subcontract as necessary to perform the services set forth in this Agreement, including entering into subcontracts with vendors for services and commodities, provided that such subcontract has been approved in writing by the Department prior to its execution and provided that it is understood by the Grantee that the Department shall not be liable to the subcontractor for any expenses or liabilities incurred under the subcontract and that the Grantee shall be solely liable to the subcontractor for all expenses and liabilities incurred under the subcontract. 25. Strict Compliance with Laws. The Grantee shall perform all acts required by this Agreement in strict conformity with all applicable laws and regulations of the local, state and federal law. For consequences of noncompliance, see Sectionl8,Noncompliance. 26. No Discrimination. The Grantee may not discriminate against any employee employed under this Agreement or against any applicant for employment because of race, color,religion, gender, national origin, age,handicap, pregnancy or marital status. The Grantee shall insert a similar provision in all of its subcontracts for services under this Agreement. 27. Breach of Agreement. The Division will demand the return of grant funds already received, will withhold subsequent payments and/or will terminate this agreement if the Grantee improperly expends and manages grant funds; fails to prepare, preserve or surrender records required by this Agreement; or otherwise violates this Agreement. 28. Termination of Agreement. The Division will terminate or end this Agreement if the Grantee fails to fulfill its obligations herein. In such event, the Division will provide the Grantee a notice of its violation by letter and shall give the Grantee fifteen(15)calendar days from the date of receipt to cure its violation. If the violation is not cured within the stated period, the Division will terminate this Agreement. The notice of violation letter shall be delivered to the Grantee's Contract Manager,personally, or mailed to his/her specified address by a method that provides proof of receipt. In the event that the Division terminates this Agreement, the Grantee will be compensated for any work completed in accordance with this Agreement prior to the notification of termination if the Division deems this reasonable under the circumstances. Grant funds previously advanced and not expended on work completed in accordance with this Agreement shall be returned to the Division, with interest, within thirty(30) days after termination of this Agreement. The Division does not waive any of its rights to additional damages if grant funds are returned under this Section. 29. Preservation of Remedies.No delay or omission to exercise any right, power or remedy accruing to either party upon breach or violation by either party under this Agreement shall impair any such right, power or Page:7 S at- lod LO Ubrarics(hmt A gn;c tmnt(11FOrm]XIS:',',A02) `%i,e.pon-121 140 ,M Admim :rative Cok.F.:loivc 03-2020 Page 264 of 1055 remedy of either party; nor shall such delay or omission be construed as a waiver of any such breach or default or any similar breach or default. ® Non-Assignment of Agreement. The Grantee may not assign, sublicense or otherwise transfer its rights, duties or obligations under this Agreement without the prior written consent of the Division,which shall not unreasonably be withheld. The agreement transferee must demonstrate compliance with the requirements of the project. If the Division approves a transfer of the Grantee's obligations, the Grantee shall remain liable for all work performed and all expenses incurred in connection with this Agreement. In the event the Legislature transfers the rights, duties and obligations of the Division to another governmental entity, pursuant to Section 20.06, Florida Statutes or otherwise, the rights, duties and obligations under this Agreement shall be transferred to the succeeding governmental agency as if it was the original party to this Agreement, 31. Required Procurement Procedures for Obtaining Goods and Services. The Grantee shall provide maximum open competition when procuring goods and services related to the grant-assisted project in accordance with Section 287.057, Florida Statutes. a) Procurement of Goods and Services Not Exceeding $35,000. The Grantee must use the applicable procurement method described below: 1. Purchases Up to $2,500:Procurement of goods and services where individual purchases do not exceed $2,500 do not require competition and may be conducted at the Grantee's discretion. 2. Purchases or Contract Amounts Between$2,500 and $35,000:Goods and services costing between$2,500 and $35,000 require informal competition and may be procured by purchase order, acceptance of vendor proposals or other appropriate procurement document. b) Procurement of Goods and Services Exceeding$35,000. Goods and services costing over$35,000 may be procured by either Formal Invitation to Bid, Request for Proposals or Invitation to Negotiate and may be procured by purchase order, acceptance of vendor proposals or other appropriate procurement document, 32. Conflicts of Interest. The Grantee hereby certifies that it is cognizant of the prohibition of conflicts of interest described in Sections 112.311 through 112.326,Florida Statutes and affirms that it will not enter into or maintain a business or other relationship with any employee of the Department of State that would violate those provisions. The Grantee further agrees to seek authorization from the General Counsel for the Department of State prior to entering into any business or other relationship with a Department of State Employee to avoid a potential violation of those statutes, 33. Binding of Successors. This Agreement shall bind the successors, assigns and legal representatives of the Grantee and of any legal entity that succeeds to the obligations of the Division of Library and Information Services. 34. Employment of Unauthorized Aliens. The employment of unauthorized aliens by the Grantee is considered a violation of Section 274A(a) of the Imn-rigration and Nationality Act, If the Grantee knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of this Agreement. Page:8 ,, A Administrative Cod Page 265 of 1055 35. Severability. If any term or provision of the Agreement is found to be illegal and unenforceable, the remainder will remain in full force and effect, and such term or provision shall be deemed stricken. 36. Americans with Disabilities Act. All programs and facilities related to this Agreement must meet the standards of Sections 553.501-553.513,Florida Statutes and the Americans with Disabilities Act of 1990(ada.gov(as of January 2020)), incorporated by reference). 37. Governing Law. This Agreement shall be construed, performed and enforced in all respects in accordance with the laws and rules of Florida. Venue or location for any legal action arising under this Agreement will be in Leon County, Florida. Page:9 �it::t `Fci t.a C..tl7�t� .,i�a tt�' �,.;4•�:4x .t'•,i csrt I)1 C`i"`s/�(i2 t hlip:,sr M-2,01 h 2l it},e'0rid.t Adnmi,'ra6t �'t:o,k-11-Ti;;ctiv,�0120,20 Page 266 of 1055 38. Entire Agreement. The entire Agreement of the parties consists of the following documents: a) This Agreement b) Florida Single Audit Act Requirements (Attachment A) c) Fiscal Year 2020-21 State Aid to Libraries Final Grants (Attachment B) The Grantee hereby certifies that they have read this entire Agreement and will comply with all of its requirements. Grantee: Department of State By: By: Chair of Governing Body or Chief Executive Officer Amy Johnson, Director Steven Grant, Mayor Division of Library and Information Services -- L gwartment of State. State of Florida„ Typed name and title Typed name and title Date Date Clerk or Chief Financial Officer Witness Crystal Gibson, City Clerk Typed name and title Date Date Page:10 ;;rata;Aid w Libra est at:'Al;me merit(Yoe 1-I D-US'SAW) dv`Esa ter IB-2.01 ss2�Y(<),FPoticta Adi€niitistraRive Ccii:,,Et'€:.Gtive 03-20.1.0 Page 267 of 1055 ATTACHMENT A FLORIDA SINGLE AUDIT ACT REQUIREMENTS AUDIT REQUIREMENTS The administration of resources awarded by the Department of State to the Grantee may be subject to audits and/or monitoring by the Department of State as described in this Addendum to the Grant Award Agreement. Monitoring In addition to reviews of audits conducted in accordance with 2 CFR 200, Subpart F -Audit Requirements, and section 215.97,Florida Statutes (F.S.), as revised (see Audits below), monitoring procedures may include, but not be limited to, on-site visits by Department of State staff, limited scope audits as defined by 2 CFR 2 §200.425, or other procedures. By entering into this agreement, the recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department of State. In the event the Department of State determines that a limited scope audit of the recipient is appropriate,the recipient agrees to comply with any additional instructions provided by the Department of State staff to the recipient regarding such audit. The recipient further agrees to comply and cooperate with any inspections,reviews, investigations or audits deemed necessary by the Chief Financial Officer(CFO)or Auditor General. Audits Part I: Federally Funded This part is applicable if the recipient is a state or local government or a nonprofit organization as defined in 2 CFR §200.90, §200.64, and §200.70. 1. A recipient that expends $750,000 or more in federal awards in its fiscal year must have a single or program- specific audit conducted in accordance with the provisions of 2 CFR 200, Subpart F -Audit Requirements. Exhibit 1 to this agreement lists the federal resources awarded through the Department of State by this agreement. In determining the federal awards expended in its fiscal year, the recipient shall consider all sources of federal awards, including federal resources received from the Department of State. The determination of amounts of federal awards expended should be in accordance with the guidelines established by 2 CFR 200.502-503. An audit of the recipient conducted by the Auditor General in accordance with the provisions of 2 CFR 200.514, will meet the requirement of this Part. 2. For the audit requirements addressed in Part 1,paragraph 1, the recipient shall fulfill the requirements relative to auditee responsibilities as provided in 2 CFR 200.508-512. 3. A recipient that expends less than $750,000 in federal awards in its fiscal year is not required to have an audit conducted in accordance with the provisions of 2 CFR 200, subpart F -Audit Requirements. If the recipient expends less than$750,000 in federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of 2 CFR 200, subpart F -Audit Requirements,the cost of the audit must be Page:11 titer .h€tl!.5 E_iI rai i ;(.c,n tt Algrc n nt(:t tst:t;l1;.C;rr'°iA02y i,.iaE'St..r :titimirssstm.tr:..€.:oi§u,Ut;,c2rvc{}==,0,40 Page 268 of 1055 paid from non-federal resources (i.e. the cost of such an audit must be paid from recipient resources obtained from other than federal entities). Part 11: State Funded This part is applicable if the recipient is a nonstate entity as defined by section 215.97(2)F.S. 1. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $750,000 in any fiscal year of such recipient(for fiscal years ending June 30, 2017 and thereafter), the recipient must have a state single or project-specific audit for such fiscal year in accordance with Section 215.97,F.S. Rule Chapter 691-5 F.A.C., State Financial Assistance; and Chapters 10.550 (local governmental entities)and 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, EXIEBIT 1 to this agreement indicates state financial assistance awarded through the Department of State by this agreement. In determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state financial assistance, including state financial assistance received from the Department of State, other state agencies, and other nonstate entities. State financial assistance does not include federal direct or pass-through awards and resources received by a nonstate entity for federal program matching requirements. 2. For the audit requirements addressed in Part II, paragraph 1, the recipient shall ensure that the audit complies with the requirements of Section 215,97(8),F.S. This includes submission of a financial reporting package as defined by Section 215.97(2)F.S. , and Chapters 10.550(local governmental entities)and 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. 3. If the recipient expends less than $750,000 in state financial assistance in its fiscal year(for fiscal years ending June 30, 2017 and thereafter), an audit conducted in accordance with the provisions of Section 215.97, F.S., is not required. In the event that the recipient expends less than$750,000 in state financial assistance in its fiscal year and elects to have an audit conducted in accordance with the provisions of Section 215.97,F.S., the cost of the audit must be paid from the nonstate entity's resources (i.e., the cost of such an audit must be paid from the recipient's resources obtained from other than State entities). The Internet web addresses listed below will assist recipients in locating documents referenced in the text of this agreement and the interpretation of compliance issues. State of Florida Department Financial Services (Chief Financial Officer) lint /4—ww.rayffQ-1idl,-1c—fo.corn/ State of Florida Legislature(Statutes, Legislation relating to the Florida Single Audit Act) httpll_ lei state fl us/ Part III: Report Submission 1. Copies of reporting packages for audits conducted in accordance with 2 CFR 200, Subpart F -Audit Requirements, and required by PART I oft agreement shall be submitted,when required by 2 CFR 200.512, by or on behalf of the recipient directly to each of the following: A. The Department of State at each of the following addresses: Office of Inspector General Page:12 2 St.a�AJ io Ubnwicq Can�Auccm:,nt ffFunMDUS!SA0,2) Page 269 of 1055 Florida Department of State R. A. Gray Building, Room 114A 500 South Bronough St. Tallahassee, FL 32399-0250 B. The Federal Audit Clearinghouse(FAC)as provided in 2 CFR 200.6 and section 200.512 The FAC's website prides a data entry system and required forms for submitting the single audit reporting package. Updates to the location of the FAC and data entry system may be found at the ON/M website. 2. Copies of financial reporting packages required by PART 11 of this agreement shall be submitted by or on behalf of the recipient directly to each of the following: A. The Department of State at each of the following addresses: Office of Inspector General Florida Department of State R. A. Gray Building, Room 114A 500 South Bronough St. Tallahassee, FL 32399-0250 B. The Auditor General's Office at the following address: Auditor General Local Government Audits/342 Claude Pepper Building, Room 401 111 West Madison Street Tallahassee, Florida 32399-1450 3. Any reports, management letter, or other information required to be submitted to the Department of State pursuant to this agreement shall be submitted timely in accordance with 2 CFR 200.512, section 215.97 F.S. and Chapters 10,550(local governmental entities)and 10,650(nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. 4. Recipients,when submitting financial reporting packages to the Department of State for audits done in accordance with 2 CFR 200, Subpart F -Audit Requirements or Chapters 10.550(local governmental entities) and 10.650(nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the recipient in correspondence accompanying the reporting package. Part IV: Record Retention 1. The recipient shall retain sufficient records demonstrating its compliance with the terms of the award(s)and this agreement for a period of five years from the date the audit report is issued, and shall allow the Department of State, or its designee, the CFO, or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the Department of State, or its designee, the CFO, or Auditor General upon request for a period of at least three years from the date the audit report is issued,unless extended in writing by the Department of State. ry Page:13 Stat,�,Aid jo ]E-2.0i W21)(a),PlCrlda AdninismadveCe&.E!f'loive W-Du20 Page 270 of 1055 EXHIBIT— 1 FEDERAL RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: Not applicable. COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: Not applicable. STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: MATCHING RESOURCES FOR FEDERAL PROGRAMS: Not applicable. SUBJECT TO SECTION 215.97,FLORIDA STATUTES: Florida Department of State, State Aid to Libraries; CSFA Number. 45.030 Award Amount: See Attachment B. COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: The compliance requirements of this state project may be found in Part Four(State Project Compliance Requirements) of the State Projects Compliance Supplement located at htWs://apps,fldfs.com/fsaa/. Page:14 Aid iV«Lbrafiv5 GrO YtC Page 271 of 1055 ATTACHMENT B Fiscal Year 2020-21 State Aid to Libraries Final Grants Page:15 Sltite.Aidw ljbrafi�s DILISiSA02) Chap�cr 113-:1.01 FI: rich Ad,hiLmrative(.1b,3u, 01-20,20 .1 Page 272 of 1055 6.F. Consent Agenda 9/15/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 9/15/2020 Requested Action by Commission: Proposed Resolution No. R20-099-Authorize the City Manager to sign a Letter of Agreement(LOA)with the Agency for Health Care Administration (ANCA) for the State Fiscal Year 20-21 PEMT MCO Program. Explanation of Request: This agreement allows the Fire Rescue Department to participate in this program, enabling the City of Boynton Beach to receive additional funding for qualifying medical transports. This funding is specific for patients with Medicaid - Managed Care Plans that are transported by the Fire Rescue Department. Background Information: • We have participated in this program for the past four years. • The MCO (Managed Care Option) portion of the program started last year and requires providers to fund a portion (38.53%) of the entire funding pool, while the State funds the remaining 61.47%. • This funding will result in BBFRD receiving approximately $160,592 in net additional revenues. How will this affect city programs or services? By entering into this agreement, the City will be able to receive additional funding. Fiscal Impact: Non-budgeted Participation in this program is estimated to provide an additional $160,592 this year. Alternatives: Not sign the LOA and be removed from the program thus eliminating the additional funding. Strategic Plan: Building Wealth in the Community Strategic Plan Application: Continue to provide the highest level of emergency response services to the community. Climate Action: No Climate Action Discussion: N/A Is this a grant? No Grant Amount: Page 273 of 1055 ATTACHMENTS: Type Description D Resolution Resolution approving the Letter of Agreement with Agency Health Care Administration D Agreement SFY 2021 PEIVIT LOA D Attachment 20/21 PEIVIT MCO Projections D Attachment Questionnaire Page 274 of 1055 1 RESOLUTION NO. R20- 2 3 4 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 5 FLORIDA, APPROVING AND AUTHORIZING THE CITY 6 MANAGER TO SIGN A LETTER OF AGREEMENT WITH THE 7 AGENCY FOR HEALTH CARE ADMINISTRATION FOR THE 8 STATE FISCAL YEAR 2020-21 FOR THE PUBLIC EMERGENCY 9 MEDICAL TRANSPORTATION (PEMT) MANAGED CARE 10 OPTION (MCO) PROGRAM; AND PROVIDING AN EFFECTIVE 11 DATE. 12 13 14 WHEREAS, the Boynton Beach Fire Rescue has participated in the PEMT program 15 for the past four(4)years; and 16 WHEREAS, the Managed Care Option portion of the program is new this year and 17 requires providers to fund a portion (38.53%) of the entire funding pool while the State funds 18 the remainder; 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 21 and authorize the City Manager to sign a Letter of Agreement with The Agency for Health 22 Care Administration (AHCA) to participate in the PEMT MCO Program for the State Fiscal 23 Year 2020-21. 24 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 25 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 26 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 27 being true and correct and are hereby made a specific part of this Resolution upon adoption 28 hereof. 29 Section 2. The City Commission hereby approves and authorizes the City 30 Manager to sign a Letter of Agreement with The Agency for Health Care Administration 31 (AHCA)to participate in the PEMT MCO Program for the State Fiscal Year 2020-21, a copy S:\CA\RESO\Agreements\LOA with AHCA FY 20-21-Reso.docx Page 275 of 1055 32 of the Letter of Agreement is attached hereto as Exhibit"A." 33 Section 3. This Resolution shall become effective immediately upon passage. 34 PASSED AND ADOPTED this 15th day of September, 2020 35 CITY OF BOYNTON BEACH, FLORIDA 36 YES NO 37 38 Mayor— Steven B. Grant 39 40 Vice-Mayor—Ty Penserga 41 42 Commissioner—Justin Katz 43 44 Commissioner—Woodrow L. Hay 45 46 Commissioner—Christina L. Romelus 47 48 VOTE 49 ATTEST: 50 51 52 Crystal Gibson, MMC 53 City Clerk 54 55 56 (Corporate Seal) S:\CA\RESO\Agreements\LOA with AHCA FY 20-21-Reso.docx Page 276 of 1055 Public Emergency Medical Transportation Letter of Agreement THIS LETTER OF AGREEMENT (LOA) is made and entered into in duplicate on the day of 2020, by and between Boynton Beach on behalf of Boynton Beach Fire Rescue, and the State of Florida, Agency for Health Care Administration (the "Agency"), for good and valuable consideration, the receipt and sufficiency of which is acknowledged. DEFINITIONS "Intergovernmental Transfers (IGTs)" means transfers of funds from a non-Medicaid governmental entity (e.g., counties, hospital taxing districts, providers operated by state or local government) to the Medicaid agency. IGTs must be compliant with 42 CFR Part 433 Subpart B. "Medicaid" means the medical assistance program authorized by Title XIX of the Social Security Act, 42 US.C. §§ 1396 et seq., and regulations thereunder, as administered in Florida by the Agency. "Public Emergency Medical Transportation (PEMT)," pursuant to the General Appropriation Act, Laws of Florida 2020-111, is the program that provides supplemental payments for eligible Public Emergency Medical Transportation (PEMT) entities that meet specified requirements and provide emergency medical transportation services to Medicaid beneficiaries. A. GENERAL PROVISIONS 1. Per House Bill 5001, the General Appropriations Act of State Fiscal Year 2020-2021, passed by the 2020 Florida Legislature, Boynton Beach and the Agency agree that Boynton Beach will remit IGT funds to the Agency in an amount not to exceed the total of $98,595.06. Boynton Beach and the Agency have agreed that these IGT funds will only be used for the PEMT program. 2. Boynton Beach will return the signed LOA to the Agency. 3. Boynton Beach will pay IGT funds to the Agency in an amount not to exceed the total of $98,595.06. Boynton Beach will transfer payments to the Agency in the following manner: a. Per Florida Statute 409.908, annual payments for the months of July 2020 thru June 2021 are due to the Agency no later than October 31, 2020 unless an alternative plan is specifically approved by the agency. b. The Agency will bill Boynton Beach when payment is due. 4. Boynton Beach and the Agency agree that the Agency will maintain necessary records and supporting documentation applicable to health services covered by this LOA in accordance with public records laws and established retention schedules. a. AUDITS AND RECORDS i. Boynton Beach agrees to maintain books, records, and documents (including electronic storage media) pertinent to performance under this LOA in accordance Boynton Beach_Boynton Beach Fire Rescue—PEMT LOA_SFY 2020-21 Page 277 of 1055 with generally accepted accounting procedures and practices, which sufficiently and properly reflect all revenues and expenditures of funds provided. ii. Boynton Beach agrees to assure that these records shall be subject at all reasonable times to inspection, review, or audit by state personnel and other personnel duly authorized by the Agency, as well as by federal personnel. iii. Boynton Beach agrees to comply with public record laws as outlined in section 119.0701, Florida Statutes. b. RETENTION OF RECORDS i. Boynton Beach agrees to retain all financial records, supporting documents, statistical records, and any other documents (including electronic storage media) pertinent to performance under this LOA for a period of six (6) years after termination of this LOA, or if an audit has been initiated and audit findings have not been resolved at the end of six (6) years, the records shall be retained until resolution of the audit findings. ii. Persons duly authorized by the Agency and federal auditors shall have full access to and the right to examine any of said records and documents. iii. The rights of access in this section must not be limited to the required retention period but shall last as long as the records are retained. c. MONITORING i. Boynton Beach agrees to permit persons duly authorized by the Agency to inspect any records, papers, and documents of the Boynton Beach which are relevant to this LOA. d. ASSIGNMENT AND SUBCONTRACTS i. Boynton Beach agrees to neither assign the responsibility of this LOA to another party nor subcontract for any of the work contemplated under this LOA without prior written approval of the Agency. No such approval by the Agency of any assignment or subcontract shall be deemed in any event or in any manner to provide for the incurrence of any obligation of the Agency in addition to the total dollar amount agreed upon in this LOA. All such assignments or subcontracts shall be subject to the conditions of this LOA and to any conditions of approval that the Agency shall deem necessary. 5. This LOA may only be amended upon written agreement signed by both parties. Boynton Beach and the Agency agree that any modifications to this LOA shall be in the same form, namely the exchange of signed copies of a revised LOA. 6. Boynton Beach confirms that there are no pre-arranged agreements (contractual or otherwise) between the respective counties, taxing districts, and/or the providers to re- direct any portion of these aforementioned supplemental payments in order to satisfy non- Medicaid, non-uninsured, and non-underinsured activities. Boynton Beach_Boynton Beach Fire Rescue_PEMT LOA_SFY 2020-21 Page 278 of 1055 7. Boynton Beach agrees the following provision shall be included in any agreements between Boynton Beach and local providers where IGT funding is provided pursuant to this LOA. Funding provided in this agreement shall be prioritized so that designated IGT funding shall first be used to fund the Medicaid program and used secondarily for other purposes. 8. This LOA covers the period of July 1, 2020 through June 30, 2021 and shall be terminated June 30, 2021. 9. This LOA may be executed in multiple counterparts, each of which shall constitute an original, and each of which shall be fully binding on any party signing at least one counterpart. PEMT Local Inter overnmental Transfers Program !Amount State Fiscal Year 2020-2021 Minimum Fee Schedule/MCO IGTs $98,595.06 Total Funding $98,595.06 IN WITNESS WHEREOF, the parties have caused this page Letter of Agreement to be executed by their undersigned officials as duly authorized. Boynton Beach STATE OF FLORIDA,AGENCY FOR HEALTH CARE ADMINISTRATION SIGNED SIGNED BY: BY: NAME: NAME: TITLE: TITLE: DATE: DATE: Boynton Beach_Boynton Beach Fire Rescue_PEMT LOA_SFY 2020-21 Page 279 of 1055 SFY 2020-21 PEMT MCO Projections MMA LTC Total Budget 43,829,3W00 10,957;342.00 Statewide Add-On $ 215.54 $ 53.89 Pool% 80% 20 Statewide Blended Rs $ 183.21 Provider Region Total Allotment Total IGTs Needed Net New Federal Funding 1 Alachua County Fire Rescue 3 1,267,919.02 482,316.40 785,602.63 2 Baker County Fire Rescue 84,330.36 32,079.27 52,251.09 3 Bay County EMS 2 536,157.85 203,954.45 332,203.41 4 Boynton Beach Fire Rescue 9 259,187.87 98,595.06 160,592.80 5 Bradford County EMS 185,365.13 70,512.89 114,852.23 6 Brevard County Fire Rescue 7 1,473,221.68 560,413.53 912,808.15 7 Broward Sheriffs Fire Rescue 8 943,799.48 359,021.32 584,778.16 8 Charlotte County Fire&EMS 8 512,178.93 194,832.87 317,346.07 9 City ofA o ka Fire Department 137,137.86 52,167.24 84,970.62 10 City of Fernandina Beach Fire Department 26,942.61 10,248.97 16,693.64 11 City ofGreenacres 109,656.41 41,713.30 67,943.11 12 City of Hialeah Fire Department 11 452,096.92 171,977.67 280,119.25 13 City of Jacksonville-Fire Division Rescue Services 4 3,770,348.24 1,434,240.47 2,336,107.77 14 City of Key West Fire Department 11 67,356.51 25,622.42 41,734.10 15 City of Lauderhill Fire Rescue Department 10 490,086.00 186,428.71 303,657.28 16 City of Miami Fire-Rescue Department 11 2,532,335.51 963,300.43 1,569,035.08 17 City of Miramar Fire Rescue 189,406.52 72,050.24 117,356.28 18 City of Ocoee Fire Department 35,294.81 13,426.15 21,868.67 19 City of Pembroke Pines Fire Rescue Department 11 350,792.73 133,441.55 217,351.17 20 City of Plantation 11 154,919.98 58,931.56 95,988.42 21 City of Sanford 7 225,240.18 85,681.37 139,558.82 22 City of St.Cloud Fire Rescue 7 119,625.17 45,505.41 74,119.75 23 City of Stuart Fire Rescue 9 72,475.61 27,569.72 44,905.89 24 City of Sunrise Fire Rescue 10 279,394.82 106,281.79 173,113.03 25 City of Tamarac Fire Department 10 142,526.38 54,217.04 88,309.35 26 Clay CBOCC-Clay County Fire Rescue 426,770.87 162,343.64 264,427.23 27 Collier County EMS 8 620,488.21 236,033.71 384,454.49 28 Coral Springs Fire Department 10 241,675.17 91,933.24 149,741.94 29 County of Desoto BCC-Desoto County Fire Rescue 120,433.45 45,812.88 74,620.56 30 County of Volusia 4 1,824,283.83 693,957.57 1,130,326.26 31 Delray Beach Fire Rescue 161,655.63 61,493.80 100,161.83 32 Dixie County BOCC-Dixie County Emergency Services 130,132.79 49,502.51 80,630.27 33 Fla ler County Fire Rescue Department 4 149,800.89 56,984.26 92,816.63 34 Fort Lauderdale Fire Rescue 11 955,384.80 363,428.38 591,956.42 35 Fort Myers Beach Fire Department 8 33,678.26 12,811.21 20,867.05 37 Hamilton County EMS 3 117,739.19 44,787.99 72,951.20 38 Hardee County 80,288.97 30,541.92 49,747.04 39 Hernando County Fire Rescue 3 679,223.09 258,376.46 420,846.63 40 Highlands CountEMS 6 341,362.81 129,854.41 211,508.40 41 Hillsborough County Fire Rescue 6 1,957,380.30 744,587.47 1,212,792.84 42 Hollywood Fire Rescue&Beach Safety Department 10 463,682.24 176,384.73 287,297.52 43 Indian River County ALS 9 256,493.61 97,570.17 158,923.44 44 Jefferson County Ambulance Service-Jefferson County Fire Rescue 99,418.22 37,818.69 61,599.53 45 Kissimmee Fire Department 7 438,625.62 166,853.19 271,772.43 46 Lake Emergency Medical Services 3 258,110.16 98,185.11 159,925.06 47 Lake Mary Fire Department 7 44,455.30 16,910.80 27,544.50 48 Lee County EMS 8 1,744,803.15 663,723.12 1,081,080.03 49 Lehigh Acres Fire Control and Rescue District 8 373,963.37 142,255.66 231,707.70 50 Leon County EMS 2 1,507,708.22 573,532.21 934,176.01 51 Maitland Fire Rescue Department 7 30,175.72 11,478.84 18,696.88 52 Manatee County EMS 6 900,421.88 342,520.48 557,901.40 53 Martin County Fire Rescue 9 300,948.91 114,480.96 186,467.94 54 Miami Beach Fire Department 11 108,848.13 41,405.83 67,442.30 55 Miami-Dade Fire Rescue 11 3,179,766.33 1,209,583.11 1,970,183.22 56 North Lauderdale Fire Rescue 10 158,961.37 60,468.91 98,492.47 57 North Port Fire Rescue 8 123,127.71 46,837.78 76,289.93 58 Oakland Park Fire Rescue 10 209,344.05 79,634.48 129,709.57 59 Okaloosa County EMS 1 521,069.99 198,215.03 322,854.97 60 Okeechobee County Fire Rescue 9 166,774.73 63,441.11 103,333.62 61 Orange County Fire Rescue 7 2,773,741.26 1,055,131.17 1,718,610.08 62 Orlando Fire Department 7 880,484.35 334,936.25 545,548.11 63 Osceola County Fire Department 9 502,210.17 191,040.75 311,169.42 64 Palm Beach County Fire Rescue 9 1,713,549.72 651,834.31 1,061,715.41 65 Palm Beach Gardens Fire Rescue 9 115,314.35 43,865.58 71,448.77 66 Pasco CountyBoard of County Commissioners-Fire Rescue 5 1,696,037.03 645,172.49 1,050,864.54 67 Pinellas County EMS Authority DBA Sunstar 5 5,017,252.03 1,908,562.67 3,108,689.36 68 Plant City Fire Rescue 6 139,832.12 53,192.14 86,639.98 69 Polk County Fire Rescue 6 2,644,147.32 1,005,833.64 1,638,313.68 70 Pompano Beach Fire Rescue 10 648,508.52 246,692.64 401,815.88 71 Riviera Beach Fire Department 10 267,809.50 101,874.73 165,934.77 72 Sarasota County Fire Department 775,408.19 294,965.28 480,442.92 73 Seminole County Fire Department 7 542,893.50 206,516.69 336,376.82 74 South Walton Fire District 54,424.06 20,702.91 33,721.15 75 St.Lucie County Fire District 9 1,354,943.64 515,420.56 839,523.08 76 Tama Fire Department 6 1,492,081.50 567,587.80 924,493.70 77 Temple Terrace Fire Department 6 80,827.82 30,746.90 50,080.92 78 Town of Davie Fire Rescue 10 205,841.51 78,302.11 127,539.40 79 Wakulla Count Fire Rescue 140,909.83 53,602.10 87,307.73 80 Walton County Fire Rescue 77,325.28 29,414.54 47,910.74 81 West Palm Beach Fire Department 9 439,703.33 167,263.14 272,440.18 821Winter Park Fire-Rescue 7 78,672.41 29,926.98 48,745.42 54,786,711.00 20,840,864.86 33,945,846.14 AHCA-MPF 1 of 1 August 14,2019 Page 280 of 1055 ' CA 0 OF F L I Intergovernmental Transfers Questionnaire 1. What type of governmental entity is your organization considered? (county, city, hospital taxing district, or other) fit If other, please explain 2. Does your organization have a relationship with the provider for which you contribute lGTs as named in the preamble of the enclosed Letter of Agreement (LOA)? I Yes If yes, please describe your relationship, including services provided to/by the provider to/by the organization and any other financial transactions between the provider and the organization. We are the provider (Boynton Beach Fire Rescue Department). 3. Please describe the source of the IGT funding for your organization, including whether the source is from a tax, a provider donation, or other funds. Provide the amount of funding from each source. Source Amount Revenue Account for EMS Services $ 99,000 If other, please explain Funded through reimbursement of medical claims by health insurance payers and treated/tansported patients. a. Verify whether the funds are public funds as defined by 42 CFR § 433.51, and exclude any federal funds. No If no, please explain The source of these funds is revenues generated through Insurance reimbursements and patients paying for services provided. Page 281 of 1055 4. Does your organization have taxing authority? I Yes 5. If the source of IGT funding is from taxes, please answer the following questions: a. Is the tax a state, county, city, or hospital district tax? 77 If other, please explain N/A b. What entities are taxed? NIA c, What is the tax structure (i,e, property tax, percentage of revenue, assessment, etc,)? d. What is the amount or percent of the tax? NIA e, Does at least 85% of the burden of the tax revenue fall on health care providers as defined in 42 CFR §433.55? (Provide the total tax revenue and the health care provider tax burden) If so, please answer the following questions: Amount ITotal Tax Burden I $ Healthcare Provider Tax Burden $ - 0.00% i) Is the tax broad based? A broad based tax can be defined as a tax that is imposed on at least all health care items or services in the class or providers of such items or services furnished by all non-Federal, non-public providers in the State, and is imposed uniformly, pursuant to 42 CFR § 433,68. If no, please explain N/A Page 282 of 1055 ii) Is the tax uniform across all entities being taxed? Based on 42 CFR § 433.68, a health care- related tax will be considered to be imposed uniformly even if it excludes Medicaid or Medicare payments (in whole or in part), or both, or in the case of health care-related tax based on revenue or receipts with respect to, a class of items or services, if it excludes either Medicaid or Medicare revenue with respect to a class of items or services, or both. The exclusion of Medicaid revenue must be applied uniformly to all providers being taxed. If no, lease explain N/A iii) Is the tax generally redistributive and a waiver of the broad-based or uniform tax requirement was granted in accordance with 42 CFR §433.68(e)? If no, please explain N/A iv) Does the tax program comply with the hold harmless provisions included in 42 CFR § 433.68(f)? If no, please explain N/A 6. If the source of IGT funding is from provider payments, please answer the following: a. Are provider voluntary payments or in-kind services received by the organization as defined in 42 CFR § 433.52? b. How much of the organization's revenue is received from provider-related donations (Provide the total revenue and the provider-related donation amounts)? Amount ITotal Revenue =$ jProvider Related Donations 1 $ c. Do individual provider donations exceed $5,000 per year or $50,000 per year for a health care organizational entity? I Page 283 of 1055 If yes, please list the provider and payment amount. Provider Name Amount N/A $ d. Does any portion of the provider donation constitute as a "bona fide donation" pursuant to 42 CFR § 433.54? 42 CFR § 433.54 requires donations will not be returned to the individual provider, the provider class, or related entity under a hold harmless provision, I - I e. Please provide the details of the agreement including the amount between the IGT provider and the health care system. N/A 7. Were funds utilized for the IGT specifically appropriated by the organization's board? No If yes, provide the board minutes and date of the appropriation. 8. Did the organization receive provider funds from the health care entity the IGT was made on behalf of, or from any other health care entity? No If yes, please provide a listing of providers, funding source, and amounts received. Provider Name Fundin2 Source Amount N/A $ I Kevin R. Carter certify that the statements and information contained in this submittal are true, accurate, and complete. Signature of Officer or Administrator Fire Chief, Dirctor of Fire and EMS Title 1 0-Sep-20 Date Page 284 of 1055 6.G. Consent Agenda 9/15/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 9/15/2020 Requested Action by Commission: Approve minutes from the City Commission meeting on September 1, 2020. Explanation of Request: The City Commission met on September 1, 2020 and minutes were prepared from the notes taken at the meeting. The Florida Statutes provide that minutes of all Commission meetings be prepared, approved and maintained in the records of the City of Boynton Beach. How will this affect city programs or services? A record of the actions taken by the City Commission will be maintained as a permanent record. Fiscal Impact: Non-budgeted N/A Alternatives: Do not approve the minutes. Strategic Plan: Building Wealth in the Community Strategic Plan Application: Climate Action: No Climate Action Discussion: Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Minutes Minutes 09-01-2020 Page 285 of 1055 MINUTES OF THE CITY COMMISSION MEETING HELD ONLINE VIA THE GOTOWEBINAR PLATFORM BOYNTON BEACH, FLORIDA ON TUESDAY, SEPTEMBER 1, 2020, AT 5:30 P.M. Steven B. Grant, Mayor Lori LaVerriere, City Manager Ty Penserga, Vice Mayor James Cherof, City Attorney Justin Katz, Commissioner Crystal Gibson, City Clerk Woodrow L. Hay, Commissioner Christina Romelus, Commissioner 1. Openings A. Call to Order - Mayor Steven B. Grant Mayor Grant called the meeting to order at 5:36 p.m. John McNally, ITS Director, explained how the meeting would proceed and how the public could participate. Invocation by Reverend Lynn Jones of St. Joseph's Episcopal Church Reverend Jones clarified that she is with St. Joseph's Episcopal School. She then gave the invocation. Pledge of Allegiance to the Flag led by Commissioner Christina L. Romelus The members recited the Pledge of Allegiance to the Flag. Roll Call City Clerk Gibson called the roll. A quorum was present. Agenda Approval: 1. Additions, Deletions, Corrections Mayor Grant received a Letter of Intent (LOI) from Centennial Management and Pulte Homes. He did not see it on Future Agenda Items and asked if the Commission wanted to discuss the Purchase and Sale agreement they signed with Pulte Homes regarding the Nichols Property under New Business. Commissioner Katz asked if the letter is to do something different than what they agreed to with a different party. Mayor Grant responded it was a purchase agreement with Pulte Homes, but they received the LOI because they did not sign over the property. There were clauses in the agreement to withdraw from it. Commissioner Katz wanted to speak with staff first regarding the legal Page 286 of 1055 Meeting Minutes City Commission Boynton Beach, Florida September 1, 2020 aspect of what was in the contract and requested it be added as a Future Agenda item. Mayor Grant commented the reason why it was brought up now was because any monies Pulte Homes spends would have to be reimbursed. James Cherof, City Attorney, did not recommend it be discussed this evening and thought it should be on an agenda for discussion. Mayor Grant added the item to the September 15th agenda as New Business. He requested a motion to amend the agenda to add the item as a Future Business Item, that there will be a discussion on the September 15, 2020 agenda. 2. Adoption Motion Commissioner Romelus so moved. Commissioner Katz seconded the motion. The motion unanimously passed. 2. Other A. Informational items by Members of the City Commission Commissioner Katz spoke to separately, Harvey and Susan Oyer regarding the downtown development and Attorney Bonnie Miskel regarding the Town Square and a portion of the JKM project. Commissioner Hay spoke with Bradley Miller and Bonnie Miskel regarding the Town Square and received an email from Susan Oyer. Commissioner Romelus spoke to Harvey Oyer regarding the property on Federal Highway. Vice Mayor Penserga received a voicemail from Attorney Bonnie Miskel, but there were no discussions. Mayor Grant spoke to the Transportation Agency of Palm Beach County, Executive Director Nick Yearn about a train station on the FEC tracks for the City and spoke with Todd Bonlarron, County Deputy Administrator about the same thing. He attended the City's General Employees' Pension meeting and Suits for Seniors "Cheers for Change" on August 26th. He wanted to speak about what the loss of Chadwick Boseman meant to our society and City residents. He was an example of some of history's greatest figures. Through his acting skills, he changed our culture for the better and he hoped they could honor him. He attended a farewell for Assistant Fire Chief Mike Besosa. Hugh Bruder is the new Deputy Chief. Commissioner Romelus requested, when there are new senior high-level employees, to have an introduction. Ms. LaVerriere agreed. She had not announced the position because she did not know his actual start date. It was noted he started on Monday. 2 Page 287 of 1055 Meeting Minutes City Commission Boynton Beach, Florida September 1, 2020 3. Announcements, Community And Special Events And Presentations A. Proclaim the month of September as Hunger Action Month. Sari Vatske, Executive Vice President of Feeding South Florida, will accept the Proclamation. Mayor Grant read the proclamation announcing September as Hunger Action Month. Present to accept the proclamation was Sari Vatske, Executive Vice President, Feeding South Florida. She recalled last year, Feeding South Florida spoke with the City Commission. Over the past year, and with their relationship with the City, Feeding South Florida has distributed over 3.3 million pounds of food to Boynton Beach alone. Over 1.3 million pounds was from their weekly distributions together. She advised everyone has been incredible. They have served over 17K households. Feeding South Florida will return to their Thursday distributions again at the Ezell Hester Center starting September 17th and will continue their fourth Saturday of the month distributions in conjunction with Christ Fellowship Church, the City and the Boynton Beach Mall. Feeding South Florida appreciated the City's support for opening their new community kitchen. On July 12th, Mayor Grant and Vice Mayor Penserga visited the facility. The 5K square foot kitchen serves 10K meals a day and has plans to expand its meal delivery services to seniors and youth at schools. Hunger was in the spotlight from COVID, but over 700K people face hunger on a daily basis. They see an increased need and would appreciate help in September to help raise awareness about hunger. She thanked the City for lighting the water tower orange and putting their banner on the City's Facebook page. They have a toolkit on their website and a calendar of events. She thanked the City Commission and City Manager as they are grateful for the partnership. Mayor Grant noted Feeding South Florida merged with the Community Caring Center and asked if the culinary incubator was in the works now that the kitchen was operational. He learned all initial plans were still in progress, but were delayed. The next focus is a 16- week culinary training program in mid-October with job placement and the incubator component will follow after they determine how to proceed with COVID. Mayor Grant announced Feeding South Florida has a pantry off of Park Ridge Road. If in need, call them ahead of time to say they would pick up food at the pantry. B. * Tuesday, September 8th at 5:30pm — First Public Budget Hearing to adopt the Proposed Budget and to adopt the Final Fire Assessment Rate Resolution (virtual access via GoTo Webinar; in person at City Hall Community Room, capacity is limited to 10 attendees) Mayor Grant announced the first public hearing to adopt the proposed budget. He advised the City could update their Facebook event to let the public know they can come to the community room. 3 Page 288 of 1055 Meeting Minutes City Commission Boynton Beach, Florida September 1, 2020 Lori LaVerriere, City Manager, explained as a result of COVID, state revenues are impacted. Each year, the State provides an update on what they can expect to collect the following fiscal year. She advised the City will see a $1.2 million shortfall from October 1St to September 30th. The sales tax was reduced by $900K and the shared revenue collected by the State was reduced by about $300K. The City had a balanced budget, which is now in the hole. Ms. LaVerriere made adjustments, which the Commission would review, and then possibly use some undesignated fund balances at the September 8th Budget Hearing. She noted West Palm Beach had a $10 million reduction and are looking at layoffs. Staff will closely monitor what they may be facing the following year when they discuss the budget next April. Mayor Grant reminded all if someone needs to go out, Boynton Beach business are doing what they can to keep all safe. Mayor Grant read the below announcements. * Regular Commission Meeting on Tuesday, September 15th, 2020 at 5:30pm (virtual access via GoToWebinar; in person at City Hall Community Room, capacity is limited to 10 attendees) * Tuesday, September 22 at 5:30pm - Second Public Budget Hearing to adopt the Final Millage Rate and Final Budget (virtual access via GoToWebinar; in person at City Hall Community Room, capacity is limited to 10 attendees) 4. Public Audience Individual Speakers Will Be Limited To 3 Minute Presentations (at the discretion of the Chair, this 3 minute allowance may need to be adjusted depending on the level of business coming before the City Commission) Susan Oyer, 140 SE 27th Way, said she was at the Cemetery and noticed several monuments in disarray. She hoped it was because staff was removing pavement and filling it in. She commented about a dozen monuments were knocked over. She sent pictures of it to Vice Mayor Penserga and hoped the Cemetery would be returned to its normal shining glory condition soon. Staff does a fantasticjob so this was out of the norm. She thanked the Police Department for arresting drug dealers and hoped they would arrest more. She suggested the police look at the duplexes by Betty Thomas Park, and start removing repeat offenders. She also commented the police need to enforce State and City rules regarding car charging stations. She hoped people would be ticketed who are parking in car charging stations that should not be and that it is similar to illegally parking in a handicapped space. Violators can be fined. She suggested giving out a warning first. Ken Stevens, Jr., advised he called the Mayor twice and left a voicemail with no answer or return call from him. He interpreted no response as a response from the Mayor, which 4 Page 289 of 1055 Meeting Minutes City Commission Boynton Beach, Florida September 1, 2020 he believed showed the Black community in Boynton that he did not care about them when he pointed out a derogatory comment by Stephanie Slater, Police Public Information Officer, calling the 17 people who were arrested "garbage" in a social media post. He called for the firing of Ms. Slater, and noted this is not the first time Ms. Slater has responded questionably when referring to individuals from the Black community. He appreciated conversations he had with Chief Gregory, Commissioner Katz and Commissioner Romelus, trying to initiate change. He was on the phone with Chief Gregory for 42 minutes, and argued most of the time, but he appreciated the Chief taking action to implement new social media posting policies. He did not think condemning people who are presumed innocent was correct. He thought the Mayor could have reached out. Mr. Stevens quoted Minister Louis Farrakhan: "You don't have to condemn a dirty glass of water, just put a clean one next to it and when the people get thirsty, they'll know what glass to drink from." Mayor Grant explained he saw the comment and saw a perception. He commented there were a lot of drugs and guns that the police took off the street, which he considers garbage. He understood there were other comments, but he did not think there was anything hateful or racist. The perception is equity training needs to happen. He thought the Police Department does a great job of letting the public know about people getting arrested. There have been multiple drug busts, but no one was going after the buyers, they were going after the dealers. The City wants to send a message to people who want to buy drugs in the City, that they will be pursued also. It is a conversation that the City needs to have. Eighteen people who may be residents did something wrong and they need to help them get their life on the right track. They can use the state statute for community service to pay off monies owed to the state and work together with non-profits to help make a better Boynton Beach. Dr. Lois Smith, 122 NW 8t" Avenue, explained FPL has not fulfilled a request from Habitat for Humanity, the Development Department or Code Compliance, which recommended FPL trim the overgrown trees over the wires connected to the homes in their area. During storms, it is a dangerous situation. She requested the City give an underserved community attention. There is also a light in the area which should be illuminating property in the area of the overgrown trees. She requested help regarding the overgrowth. Mayor Grant commented he will speak with the FPL government liaison. Darryl Sanders, Jr., 2001 NW 2nd Street, representing Chevy DTV Foundation explained they were having weekly meetings with Mayor Grant and they spoke to local businesses and the City. They are having meetings with the Mayor in Delray Beach and they got 150 prepacked bookbags from the Delray Beach Police Department, Fire Rescue, Recreation Department and neighborhood and community services. He asked why they did not receive anything from Boynton Beach for Boynton Beach students. He suggested they come up with a collaborative effort to assist families and students look out for local youth to ensure they do not become drug dealers. He thought more attention should be paid to youth in the City. 5 Page 290 of 1055 Meeting Minutes City Commission Boynton Beach, Florida September 1, 2020 5. Administrative A. Appoint eligible members of the community to serve in vacant positions on City advisory boards. Motion Commissioner Katz nominated Ace Tilton Ratcliff to the Arts Commission (Alt). Commissioner Hay seconded the motion. The motion unanimously passed. Motion Commissioner Hay nominated Dr. Valerie Valcourt to the Education and Youth Advisory Board (Reg). Vice Mayor Penserga seconded the motion. The motion unanimously passed. Motion Commissioner Romelus nominated Abby Murrell to the Education and Youth Advisory Board (Reg). Commissioner Katz seconded the motion. The motion unanimously passed. 6. Consent Agenda Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments A. Approve and authorize the acceptance of a FEMA 2020 Assistance to Firefighters Grant to cover the cost of purchasing PPE and related supplies, including reimbursement, to prevent, prepare for, and respond to COVID-19. The total award under the Grant is $151,131.40 ($137,392.18 Federal Funds and $13,739.22 Boynton Beach Funds). Commissioner Hay pulled this item and asked how the funding is spent. Ray Carter, Interim Fire Chief, explained the grant is from FEMA. The funds are usually used for gear, but they designated it for COVID-19 Personnel Protective Equipment (PPE.) The Department applied and received an award letter, but the City Commission has to approve the acceptance. Any PPE purchases they made since January 2020 related to COVID-19 protection, such as sanitizing equipment, masks, gowns face shields and others of that nature can be reimbursed. To date, all but $13K would be reimbursed and the remainder of the $150K would be able to be spent to buy additional PPE up until next September for firefighters and first responders. 6 Page 291 of 1055 Meeting Minutes City Commission Boynton Beach, Florida September 1, 2020 Motion Commissioner Hay moved to approve. Vice Mayor Penserga seconded the motion. The motion unanimously passed. B. Authorize the City Manager to increase PO for Dynalink Communications to $40,000 a year for the remainder of the Dynalink contract. C. Approve the one-year extension for RFPs/Bids and/ or piggybacks for the procurement of services and/or commodities as described in the written report for September 1, 2020 - "Request for Extensions and/or Piggybacks." D. Approve the emergency purchase order that was issued for a total expenditure of $46,819.00 for fabrication and delivery of MIEX regeneration underdrain laterals and associated equipment for the East Water Treatment Plant. E. Accept the written report to the Commission for purchases over $10,000 for the month of July 2020. F. Proposed Resolution No. R20-089 -Approve the Notice of Completion for Fire Station #1 constructed as part of the Town Square Project. G. Proposed Resolution No. 20-090 -Approve and authorize the Mayor to sign Amendment to Town Square Redevelopment Phase II Service Agreement for additional consulting services to market and lease the Innovation and Cafe' space in City Hall and the Cafe' space in the Cultural Center. Mayor Grant pulled this item and advised he met with the City Manager and Economic Development Strategy Coordinator and this item will help with the RFP presentation they heard two weeks ago. He wanted to ensure they could speak with Avison Young regarding what each City Commissioner wants for the cafe space and incubator. Avison Young is an international company and he wanted to ensure their reach is international with the funds they are paying. Mr. Groff spoke with them and they are willing to reach out to him. Motion Vice Mayor Penserga moved to approve. Commissioner Katz seconded the motion. The motion unanimously passed. H. Approve minutes from the City Commission meeting on August 19, 2020. 7 Page 292 of 1055 Meeting Minutes City Commission Boynton Beach, Florida September 1, 2020 Motion Commissioner Hay moved to approve the remainder of the Consent Agenda. Vice Mayor Penserga seconded the motion. The motion unanimously passed. 7. Consent Bids And Purchases Over $100,000 A. Authorize the purchase of equipment and services for a Hiperwall system from Broadcast Systems in the amount of $165,244.61 utilizing GSA contract GS-07F-173GA. B. Approve Task Order UT-3A-02 with Globaltech in the sum of $141,662.50 in accordance with RFQ No. 046-2821-17/TP, General Consulting Services Contract, Scope Category A executed on August 22, 2018 for the Design of Fluoride Storage and Feed Improvements to the East Water Treatment Plant. Motion Commissioner Katz moved to approve the consent agenda for bids and purchases over $100,000. Commissioner Hay seconded the motion. The motion unanimously passed. 8. Public Hearing 6 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. 9. City Manager's Report A. Approve contribution of $55,000 to the Education Foundation of Palm Beach County for the purchase of Wi-Fi extenders and related equipment to assist Palm Beach County and the School District in providing Wi-Fi access to Boynton Beach families/students. Staff recommends utilizing $55,000 from the Community Enrichment Fund account (Christ Fellowship Church donations), leaving a balance of $80,000 in the account. Ms. LaVerriere explained this was a follow up from the discussion at the last meeting. The City Commission was very concerned about trying to assist and help close the digital divide in the community. Ms. LaVerriere explained the City receives $25K each year from Christ Fellowship Church and they want the funds to be used to make an impact. She spoke with the Finance Director and this was a good way to help students and challenge the community to a local match campaign. 8 Page 293 of 1055 Meeting Minutes City Commission Boynton Beach, Florida September 1, 2020 James Gavrilos, Executive Director of the Education Foundation of Palm Beach County, commented that he was impressed with the speed in which the City has responded to the need. He noted an image of two young children in California sitting in a parking lot at Taco Bell so they could access the internet. He advised digital inclusion has short and long-term realities. In the short term, there are 5,594 Palm Beach County students who reside in Boynton Beach city limits. Of them, 4,559 are on free or reduced lunches, which means they are living below the poverty level. Statistics show, families living below the poverty level do not have internet access. Friends at the Quantum Foundation have studied and found families with no internet, have lower graduation rates, earn less, learn less and have lower life expectancies. Of the 4,559 students receiving free or reduced lunches in Boynton, the Wi-Fi program would cover 2,400 of them. They hoped to cover 2,700 students. The other 1,800 could be served by the Wi-Fi Hot Spot and Internet Essentials programs. Companies have purchased Hot Spots, buses are being fitted with Hot Spots and the District is picking up the cost of Internet Essentials for the first six months to ensure students have access to get their studies done. Digital Inclusion gives Boynton Beach families the opportunity and a share of the American Dream. They want to purchase Wi-Fi Extender Boxes ranging from $35 to $75, and for about $135K, the City could provide Wi-Fi Extenders to the 2,700 families giving them access for the foreseeable future. If the City approves the grant, it was hoped City residents and businesses would match it. Mayor Grant hoped residents would recognize the importance of the internet and that homeowners' associations would chip in to make a difference, so all children will have internet. Ms. LaVerriere noted in addition to the $55K, the Utilities Department is required, via the consumptive use permit, to spend a certain amount for education/conservation and utility- related initiatives. The City had a difficult time spending the funds this year with school being closed. They have until the end of September to spend $20K which could be used for this purpose. There is a rational nexus for it, so it would be $75K from the City with the hope that $75K would be matched by the community. Commissioner Hay thought the initiative was exciting. He thought there could be challenges, and did not think the Wi-Fi Extenders could be dropped off at someone's house He asked if there would be people available to install the boxes and learned there would. The Quantum Foundation will have people on the ground to help train people how to install them and they will go into churches and meetings walking them through installation and maintenance issues. Motion Commissioner Katz moved to approve. Commissioner Hay seconded the motion. The City's marketing team will publicize the match campaign. Mr. Gavrilos will help as well. The motion unanimously passed. 9 Page 294 of 1055 Meeting Minutes City Commission Boynton Beach, Florida September 1, 2020 B. Provide an update on the private development progress for the Town Square project and discuss the letter provided to the City by JKM Developers on potential contract amendments. Ms. LaVerriere advised at the last meeting, they asked John Markey to provide a marked- up development agreement on his thoughts and ideas how to structure their arrangement. She received a memo last week, which she distributed to the City Commission and they met online to discuss the content of the memo. She was aware the City Commission wanted a marked-up agreement, but Mr. Markey was not quite there yet. Commissioner Katz thought when they have a specific item, it is imperative the Commission discuss it before any party presents anything. The Board made a request for a partner for the Town Square to outline their proposals about how they plan to complete the project according to the contract or what changes they want to see in the contract. The Commission does have that letter and he wanted to discuss it first. They have a contract. The City upheld its end and he was looking for the partners to uphold their end. He could not see doubling down and providing millions of dollars of taxpayer funding into a partnership that appeared to be floundering, at best. He thought there were two options, hear from JKM on if they can comply or they cannot. If they cannot fulfill the contract, he wanted to find an amicable resolution so they can move forward. Mayor Grant explained it is not current taxpayer funds. It is taxpayer funds for the project that is going to be built. The current contract does not allow for Scholarship Trust Funds or Workforce Housing. He felt, if they have an opportunity, they could renegotiate the contract because things have changed and he was in for a better deal if that is possible. If they spend more, they get a better project. Mr. Markey explained the parking garage was not supposed to be finished at the same time as City Hall. It was supposed to be done within 18 months of the Certificate of Occupancy for City Hall and it is in the public record and contained in the Master Plan. The project was to be done in phases. They proposed to use Tax Increment Funds (TIF), which was in the RFP, to finance the project and they had proposed to buy the land that the City was going to sell them for the apartment buildings. JKM would underwrite the project, including the garages with TIF funds and the income from JKM purchasing the land. JKM proposed a bond issuance from a newly created Community Development District, and the bonds would leverage the TIF. At that point E2L and CFP took over the underwriting and went about the bond preliminary offering. Later Mark Hefferin advised they could not underwrite the garages Mr. Markey advised they could underwrite the garages as a private developer if the land was left in the deal and the City would prepay their parking obligation. This was still a viable option; however, Mr. Markey advised there was a better solution. A decision was made to build the garages as a private sector. Mr. Markey referenced a spreadsheet showing a deficit column. He contested there was no such thing as a deficit column, as underwriting operates as capital in and equal capital expenditures out. The sources in equal the sources out. It had been suggested they thought they would receive more income and more of a tax base and they would make 10 Page 295 of 1055 Meeting Minutes City Commission Boynton Beach, Florida September 1, 2020 up for the deficit. Mr. Markey explained in underwriting, the developer names what the source of funds are. Mr. Markey said he assembled the best municipal and public funding lawyers, and the best Certified Public Accountants as his team. He reviewed a green column on the spreadsheet, and advised when his experts saw a red column, their jaws dropped. He asserted what was presented to them was irresponsible underwriting. He pointed out the tax columns reflected that what is available from this private sector, which is the 95% that goes to the CRA net, totals $3 million annually and the deficit increases from $725K to almost $1.5M, which was not underwritten. With the TIF that was available, they could have underwritten the garages all along. He was angry and felt he was duped as the $3M original bond could have underwritten both garages and it would have been finished before City Hall. He could not say whether the oversight was incompetence or calculated, but with bonds, there are a number of people that get paid when the bond is signed. He felt the City was duped. His proposal was to ask for a continuance. He proposed they go back to what he said from day one to leverage TIF and leverage future packs to get the project done as was contained in his memo. Commissioner Romelus expressed frustration and asked why they were just hearing about it now. The parking garage was supposed to be done by one party and then was transferred to another party. It has been several months and a product has not been delivered. She thought if it could not be done, the project should not have been taken on. Now they are hearing what the problem is and what needs to be done to fix it. She commented the situation was either garbage, or there is some truth to it and every one has been lying. Commissioner Romelus agreed with Commissioner Katz, they should either cut their losses or start all over. They had to ask for a conversation to renegotiate and then were hearing of problems behind the scenes. She did not see a reason to continue down the rabbit hole and advised they cannot work with someone who could not be honest from the get go. She favored starting over. Commissioner Katz did not feel comfortable with the accusations leveled against City staff and the references to being duped and did not believe them to be true. He noted staff was directed to complete the project according to the contract or negotiate with the City to find an amicable solution to sever the relationship. He did not think legally, it was advisable to continue the discussion. Commissioner Hay agreed. He hoped, as he did his research, that he would hear something that would be convincing and have a deliverable. Based on what he heard, he was not convinced, and to say go back to the beginning and talk TIF funds was not what he was looking for. He thought they needed to do what they could to save the dollar. It may cost the City more if they severed ties, but he did not feel comfortable kicking the can down the road. It would be an undeliverable at the City's expense. 11 Page 296 of 1055 Meeting Minutes City Commission Boynton Beach, Florida September 1, 2020 Vice Mayor Penserga felt weeks ago, there was a staff presentation as to how much money went into the project in the form of incentives and there was about$25M in various incentives between the three parcels. Almost$2M was direct cash to JKM and the working relationship was not working. He thought they should either fulfill the contract or sever ties. Mr. Markey explained there was no accusation about staff misbehaving. If staff had been aware of what he presented, they would have taken it in a different direction. He had to submit a Freedom of Information Act request to obtain 2,000 pages of documents three weeks ago, and had to sift through all of them so they could come and say what happened and why it was wrong, why it should go back to the way it was, and that TIF was always the anticipated answer. The TIF was only from the private sector, and it is for the project. He was not asking for help for him, he was asking for help for the project. Mayor Grant thought the taxpayer is "John." If the Board does not feel comfortable spending John's future money, it would not make sense, because that is what TIF is for. TIF is generated to pay back the developer for the project, and that is what they did for 500 Ocean, Seaborn Cove and Casa Costa. They requested commercial space for 500 Ocean locations and future commercial location grants. To remove slum and blight, the City and County agreed to spend future tax dollars in this area. The entire Town Square is being funded by TIF, and the City has not spent any monies on the bond: the CRA did. The Commission could create guidelines and deadlines and still get the original deal. He asked what was more important: the original deal, or a renegotiated one to get something better out of it. The City does not own the land. The$25M that the City put into the project, was put into the project regardless. The City is not building the garages, or the residences. He understands the City Commission's sentiments, but they have to decide if they want the original deal or the legal jargon of the 18 months from the Certificate of Occupancy. He noted the world has changed. To think that the Commission would know two years ago exactly what would happen and all would go as planned did not make sense to him. They can direct staff to see available options and deadlines of the 18 months, or say they want the original deal. Motion Commissioner Katz said he respected all's opinion. His position is and he would like to make a motion to direct staff to present one of two options to JKM to communicate and explain how they plan to complete the contract as stated and previously negotiated, or to acknowledge what was stated two meetings ago that these deadlines, future deadlines are not going to be met. It was already stated by JKM, so the motion is to acknowledge that they can and demonstrate how they plan to complete the project in accordance with the contract or acknowledge that they cannot and then start to negotiate with City staff and City legal how to unwind this partnership in a way that is respectful to all parties. Attorney Bonnie Miskel explained she has been retained by Mr. Markey and she read the contract. She explained Mr. Markey is currently in compliance with the contract. There 12 Page 297 of 1055 Meeting Minutes City Commission Boynton Beach, Florida September 1, 2020 may be a better option for the Commission to consider, and she understood Commissioner Katz's comments. She explained the third option is if there is a better option. What Mr. Markey learned is both he and the Commission were duped, and what they were presented by Mr. Hefferin was not clear and it was not presented to the Commission. As they reviewed the documents, it was clear what was presented was not the best deal for either of them and Mr. Markey stepped forward. She suggested letting JKM come back to the Board with what he proposed because it was better for the partner and the City. Commissioner Hay noted the project will last for a long time and thought another couple of weeks would not hurt. He supported seeing what the plan was and he was willing to wait to allow JKM an opportunity to put together what they want. Commissioner Romelus thought that was the purpose of this meeting. Commissioner Katz agreed. Mayor Grant explained the aspect today was the initial presentation. They had access to the documents three weeks ago and in order to create binding documents, they could not come up with a complete agreement to finalize. He asked if they wanted to have an end date to see what the solution is. Commissioner Hay did not want anyone to come back with another excuse, he wanted options they could both live with. Mr. Markey agreed he could and explained what they presented on the slide could be needed. His team needed more time. He knew items one through six could all be accomplished. Subsidizing the bond deficit needed to be accomplished and the other items were good things for the community. They tried to have a community benefit. He was not asking for funds for him, he was asking for the community. Commissioner Hay wanted time to discuss it with Legal, the City Manager and others and explore options. Commissioner Romelus seconded the motion. She would be happy to see something come back to them in two weeks from JKM. She wanted staff to move forward with looking at options and determine if they can or cannot fulfill the obligations of the contract that are currently in place. The contract can still be enforced if the parties feel they can do it and if not, the Commission needs to explore other options. Commissioner Katz said he has been living with this project for years. This meeting was supposed to be what was being requested for discussion at the next meeting. He asked why they were giving money to a developer for a Scholarship Trust Fund. The Commission could do that as it is their money. He asked why they were giving funds to a developer to create a Community Revitalization Trust. There was a conflation of things. He wanted delivery on the contract that was made and if not, the alternative is to wind it down. He had respect for JKM, Mr. Markey and their product and time. This was the meeting to present. The Commission made the decision a month ago. He did not see how the other items were connected to the project. With respect for a request for additional time, there was a motion on the floor and he wanted to steer the ship in the right direction. He felt promises were made that were not kept and anything said going forward was suspect. He wanted staff to adhere to the motion. 13 Page 298 of 1055 Meeting Minutes City Commission Boynton Beach, Florida September 1, 2020 Commissioner Hay requested confirmation if the motion passed, the doors were closed for any other possibilities a few weeks from now or if the door was still open with a possibility for a few weeks. Mayor Grant noted Commissioner Romelus added additional statements to Commissioner Katz's motion. Commissioner Romelus responded she did not make amendments. Commissioner Katz stated his motion stands as worded. Commissioner Katz repeated his motion to direct city staff to put the following two options to JKM: to abide by the contract and fulfill its obligations with the stipulated terms and explain how they will do that, of if they cannot fulfill the agreement, begin the negotiations on how to amicably unwind the relationship so they can move forward in a direction they all hoped for from the beginning. Mayor Grant asked Attorney Cherof what the first part of Commissioner Katz's motion meant and learned it was explain how the deal could be fulfilled as written and for the contract to be honored and if it cannot be, option two the disclosure that it cannot be and to negotiate a methodology to unbundle the contract and the relationship. Mayor Grant asked what happens if they say they can complete it, but do not and learned the remedy is the traditional remedy for breach of contract that is available to the City. This would take until the breach is identified and some period of time after that. It could be up until the deadline the break is identified. Mayor Grant explained if these are the only two options, they may not have a project by the end of their terms. Mayor Grant wanted a full presentation with the numbers. What they are reviewing was not part of the original contract. If it is part of the new contract, he thought it was a better deal. He reiterated it is not the Commission's money it is taxpayer money. If they make a decision that says they want the original project, he understood it was others' position, but it was not his. He wants to see if they could get additional things as part of the downtown. Workforce housing, rent-to-own down payment assistance, Community Revitalization Scholarship Trust Fund, are not something the City or the CRA could do. They can only give funds for a Community Benefits Agreement, but he did not believe it was within the City's purview because they do not have a Housing Authority. He agreed with Commissioner Hay to wait two more weeks to see what they can get. Commissioner Katz called the question. Commissioner Hay noted he had asked Mr. Markey about other options and was told that nothing would change from the presentation given at this meeting, to when they meet again in a few weeks. Mr. Markey had roughed out the changes and more time was needed to the make numbers exact. They have apportioned what they know the TIF is and how much would apply to each item in columns one through six. 14 Page 299 of 1055 Meeting Minutes City Commission Boynton Beach, Florida September 1, 2020 Vice Mayor Penserga was in agreement with Commissioners Romelus and Katz. He noted the project was $25M, they would get $2Million in cash and he thought it was outrageous to provide more incentives. Vote Mayor Grant called the question on Commissioner Katz's motion. The motion passed 3- 2 (Mayor Grant and Commissioner Hay dissenting.) Mayor Grant explained they are directing staff to move forward with the original contract or means of unwinding the current contract. C. Proposed Resolution No. R20-091 - To adopt a tree planting goal of 3,000 trees per year to achieve 20% tree canopy coverage by 2035, based on recommendations of the attached Boynton Beach Urban Tree Canopy Assessment. Ms. LaVerriere announced the City had a tree giveaway and Rebecca Harvey, Sustainability Coordinator, had a slide presentation of the canopy assessment. Ms. Harvey announced the City is celebrating its Centennial and the City, with its Sustainability Partner, Community Greening, is hosting a free drive-through Centennial Fruit Tree Giveaway at Sara Sims Park. One hundred fruit trees will be given away on a first-come, first-served basis and additional information can be found on their website GoGreenBoynton.com. In March, the City adopted its 2020 Climate Action Plan. One strategy was to reduce greenhouse gas emissions by 50% by 2035 and to reach net zero emissions by 2050. One priority was urban forestry to maintain and enhance tree canopies. While tree canopies reduced greenhouse gas emissions, they have other benefits identified in the plan. With Community Greening they planted more than 700 trees this fiscal year. September 12t" is another tree giveaway and on October 17t", they will have a tree planting event at Betty Thomas Park with grant funds from TD Bank. In October, they hired a non-profit Green Infrastructure Center for the City's Tree Canopy Assessment which uses a satellite assessment. More than 50% of the City's land area is covered by paved surfaces. A map of the hottest areas in the City was viewed. It was noted there is less tree canopy coverage in lower income areas and communities of color across the nation. Potential areas for planting areas were reviewed. Approving the Resolution would adopt the goal of increasing tree canopies to 20% by 2035 which is planting about 3K trees per year. It is a city-wide goal in the public and private sectors. Fifty percent of those costs would equal $190K. The first year, they did not raise those funds, but they did receive $20K from Green Building Sustainability, a $14K grant for Community Greening for plantings at Betty Thomas Park and on August 11 t", at the CRA meeting, Commissioner Romelus allocated $35K for trees in the CRA District, which is pending budget approval. Staff applied for an Arbor Day 15 Page 300 of 1055 Meeting Minutes City Commission Boynton Beach, Florida September 1, 2020 Foundation Grant and the City applied for a state grant, which provides for a three-year program to develop an open forestry management plan. Ms. Harvey reviewed the next steps and options for discussion having to do with Land Development Regulation changes for residential and new construction. They have been contemplating the City starting a tree nursery. There are options for raising funds for the tree program which includes increasing the green building fee from .50 cents to $1.50 per $1,000. The revenue fluctuates each year, but it could raise up to $100K. They could establish a developer's tree fund, which is to require developers to pay a fee in lieu of replacing trees on site, which could raise $100K. There could be a voluntary fee on the Utilities bills from the sustainability funds. She noted an article in Bloomberg referenced a few actions governments can take that fight climate change. Mayor Grant supported, similar to FPL's solar program, anyone who would like volunteer to make the City sustainable through a voluntary payment program, can do so starting at $5. He thought it was possible through the third-party provider to reach customers who are not necessarily residents of Boynton Beach, and can make sure those funds go to utility projects whether it is for more trees or sustainable energy. He favored this methodology rather than propose additional costs to developers because he did not want developers to think they could pay more fees rather than plant trees on site. Mayor Grant favored a voluntary fee. He thought if they do not spend it now, they would have to spend it later when it will not be as beneficial. Vice Mayor Penserga asked if other cities use these as models and learned for the tree requirements, Miramar, Miami Beach, Coral Springs, Winter Park and St. Petersburg all have retroactive provisions not just for new construction. There are examples of having trees in the rights of way and streets, which she was gathering information on. She did not know of any other city with a city nursery. Commissioner Hay asked how they determine where and how many trees to plant and learned the consultant creates a map. The goal of the 3K trees per year, being at 16% they were slightly lower than their neighbors, and due to development and hurricanes, trees have been reduced. Increasing and going back to 20% was reasonable, which is approximately 45K trees between now and 2035. The 45K trees would be planted in a third of the identified planting areas. Motion Commissioner Hay moved to approve the Resolution. Commissioner Katz seconded the motion. The motion unanimously passed. 10. Unfinished Business - None 11. New Business 16 Page 301 of 1055 Meeting Minutes City Commission Boynton Beach, Florida September 1, 2020 A. Proposed Resolution No. R20-092 - Authorizing the City to set rates, fees and charges for Water, Wastewater Stormwater, Reuse Water and District Energy Chilled Water for the upcoming FY 20-21 Joe Paterniti, Utility Director, gave a presentation reflecting the Utility Budget is $52,225,066. He reviewed the revenue projections. The operating budget was $35M and staff was dedicating $8M for renewal and replacement. Intergovernmental transfers into the fund resulted in the total operating budget of $52M. The capital budget was proposed of $17,926,000. They adjust the operating budget from year-to-year using Consumer Price Indices (CPI). Staff reviews incremental changes based on the CPI for those funds and can make adjustments. The rate model they use can calculate projected costs and anticipate growth 30 years into the future so they can establish utility rates. They were holding water, wastewater and chilled water rates constant Staff proposed an increase to the reclaimed rate of 2%. This year's holding constant reclaimed rate is two cents and 50 percent increase in stormwater yields another $350K for the fund. A summary of the increases was viewed. The stormwater rate increased from $6.50 to $7 per equivalent dwelling unit and reclaimed water was increasing two cents per thousand gallons. The reclaimed rate is 26 cents for scheduled delivery. The 38 cents is for delivery on demand, but if they scheduled delivery, the customer is receiving a break. The district energy rates remained the same. A comparison of customer bills inside and outside the City were viewed. He noted it did not include the sanitation part of the bill. If the resolution is approved, the new rates will be effective October 1St. There was also a scheduled increase for sanitation. He noted the voluntary charge was something the Customer Relations Division could handle and collect in a separate account. He would work with finance and legal regarding the fund and when they could withdraw from the fund. Commissioner Hay noted the increases in stormwater and reuse water. It was explained the rates they collect for reclaimed water does not cover the cost, so staff was raising rates to better meet revenue requirements. Stormwater fees do not cover the cost of the stormwater system so they developed a plan and are subsidized as well. Mr. Groff explained three years ago, they presented a plan to get stormwater rates in line. Stormwater and reclaimed water have the fastest expenses. They need to get to the point it is subsidized, but subsidized a lot less than it currently is. Mayor Grant asked if the Commission would add a voluntary charge of $5 on the bill. Vice Mayor Penserga asked if the intention is to divert those voluntary funds to the tree fund and learned initially it would, as part of the water utility sustainability fund, but if revenue reaches a certain point, they could build solar canopies and other energy producing aspects because water uses $1.2 million in electric a year, which would increase as oil prices climb higher. It would be creating a greener Boynton Beach through the water utility. Vice Mayor Penserga supported the proposal. 17 Page 302 of 1055 Meeting Minutes City Commission Boynton Beach, Florida September 1, 2020 Motion Vice Mayor Penserga moved to approve the Resolution and add a $5 voluntary charge subject to Legal approval. Commissioner Hay seconded the motion. The motion unanimously passed. 12. Legal A. Proposed Resolution No. R20-093 - Approve and authorize the Mayor to sign documents releasing and creating project easements Attorney Cherof thought it would be prudent to table the item for one meeting in light of the earlier discussion on the Town Square. Motion Commissioner Katz moved to table to the next meeting. Vice Mayor Penserga seconded the motion. The motion unanimously passed. 13. Future Agenda Items A. Mayor Grant requested a discussion regarding interviewing City staff about their positions and a City Career Fair - TBD B. Mayor Grant requested a discussion regarding education in Boynton Beach — TBD Mayor Grant noted this was discussed regarding a donation to the Education Foundation. The item can be removed. He hoped to have discussions with School Board representatives. Motion Commissioner Katz so moved. Commissioner Hay seconded the motion. The motion unanimously passed. C. Mayor Grant requested a discussion regarding funding of trees and a review of the city's Memorial Tree Fund policy - TBD D. Mayor Grant requested to have a discussion regarding a Utilities sustainability program. — TBD this item could also be removed from the agenda E. Vice Mayor Penserga requested a discussion regarding a City Mural Program - TBD 18 Page 303 of 1055 Meeting Minutes City Commission Boynton Beach, Florida September 1, 2020 F. Public Hearing for Conditional Use application (COUS 20-002) for Exotic Motorworks, to allow an automobile diagnostics facility exclusively for luxury and/or high-performance vehicles at 816 SE 1 st Street - September 15, 2020. G. Public Hearing - Catanzaro Residential Future Land Use Map Amendment from Local Retail Commercial (LRC) to Medium Density Residential (MEDR) and Rezoning from C-2 Neighborhood Commercial to R-3 Multi-Family Residential - September 15, 2020. H. Public Hearing for application submittal for Legacy at Boynton Beach Mixed Use Development — a new mixed use development in the downtown core - October 6, 2020 (as currently scheduled) I. At the request of Mayor Grant, Human Resources will present information regarding the City's internship program. - October 20, 2020 Mayor Grant wanted to look at the Workforce Housing Ordinance so there are flexible options for density or unit payments for very-low and low-income individuals. Commissioner Romelus agreed and had potential amendments. There was consensus to do so sometime in October and if staff needed additional time, it could be heard in November. Mayor Grant noted Public Comment was closed and asked if Ms. Oyer still had comments. Susan Oyer, 140 SE 27th Way, explained Public Comment was not turned on since the Public Hearing. She said it was a few meetings in a row and he adopted something without public input. Ms. Oyer thought the City had a nursery in the past in the City, so it was not true where there were trees available. She favored having a nursery. She pointed out a CRA survey shows beautification is the number one issue for businesses in the City and she thought the businesses and residents will endorse the concept. As to the water fee, she thought the Commission arbitrarily added a $5 fee towards the trees. She asked why not do what retailers do and round up to the next dollar or $5 increment, so people on the lower end of the income spectrum who could not afford $5 a month or $60 a year could still participate in a meaningful manner. 14. Adjournment Motion There being no further business to discuss, Commissioner Romelus moved to adjourn. Commissioner Hay seconded the motion. The motion unanimously passed. The meeting was adjourned at 8:18 p.m. 19 Page 304 of 1055 Meeting Minutes City Commission Boynton Beach, Florida September 1, 2020 CITY OF BOYNTON BEACH Mayor - Steven B. Grant Vice Mayor— Ty Penserga Commissioner— Justin Katz Commissioner— Woodrow L. Hay Commissioner— Christina Romelus ATTEST: Crystal Gibson, MMC City Clerk Catherine Cherry Minutes Specialist 20 Page 305 of 1055 7.A. Consent Bids and Purchases over $100,000 9/15/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 9/15/2020 Requested Action by Commission: Proposed Resolution No. R20-100-Approve a phased Progressive Design-Build contract with Garney Companies, Inc. for the expansion of the existing Reclaimed Water Distribution System and authorize the City Manager to sign the contract. The Phase 1 lump sum cost for conducting field investigations and design to develop a Guaranteed Maximum Price (GMP)for construction is $614,277.79. Garney Companies, I nc. was selected through Request for Qualifications (RFQ)#013-2821- 19/TP and approved by the City Commission on July 2, 2019. Explanation of Request: The contract with Garney Companies, Inc. is a Progressive Design-Build contract that allows for two phases. The first phase is for the development of a Guaranteed Maximum Price (GMP)for the construction of the work. Once the GMP is established, and if considered appropriate by the City, the project will return to the City Commission for approval of the GMP as a second phase. If there is no agreement on the GMP, the contract allows for an off ramp. In this circumstance, the City will take ownership of all of the completed work and may choose to bid the project on the open market. How will this affect city programs or services? Garney Companies I nc. will assist with the expansion of the existing reclaimed water distribution system to serve additional large use customers within the Utilities service area. The first phase of the reclaimed water distribution system expansion will include the eastern portion of the Utilities service area extending to the barrier island. Garney's scope of work includes evaluation of pipe routes, surveying, subsurface and geotechnical investigations, preparation of 60% design drawings, public outreach, and development of a Guaranteed Maximum Price (GMP) for construction. Fiscal Impact: Budgeted Funding is available in the Utilities CIP account. No. 404-5016-536-65.11 Alternatives: Expansion of the reclaimed water distribution system is critical in order to comply with the Florida Department of Environmental Protection's requirement for the South Central Regional Wastewater Treatment and Disposal Board to provide 60% reclaimed water capacity by December 31, 2025. Boynton Beach has agreed to implement 3.85 million gallons per day of additional system capacity by this deadline. Strategic Plan: Strategic Plan Application: Climate Action: Yes Climate Action Discussion: The use of reclaimed water for irrigation is an environmentally responsible practice and reduces the amount of disposal by deep injection well and ocean outfall by the South Central Regional Wastewater Treatment and Disposal Board. In addition, the use of reclaimed water reduces the Page 306 of 1055 amount of groundwater that is pumped and treated at the City's water treatment plants to supply water for irrigation and promotes conservation of the water resources within the Utilities service area. Is this a grant? Grant Amount: ATTACHMENTS: Type Description Resolution approving Progressive Design/Build D Resolution Agreement with Carney Companies for Reclaimed Water Distribution System D Contract Progressive Design Build Contract with Carney D Attachment Carney Proposal Page 307 of 1055 1 RESOLUTION NO. R20- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, APPROVING AND AUTHORIZING THE CITY 5 MANAGER TO SIGN A PHASED PROGRESSIVE DESIGN-BUILD 6 CONTRACT WITH GARNEY COMPANIES, INC. FOR THE 7 EXPANSION OF THE EXISTING RECLAIMED WATER 8 DISTRIBUTION SYSTEM; AND PROVIDING AN EFFECTIVE 9 DATE. 10 11 12 WHEREAS,the contract with Garrey Companies, Inc. is a Progressive Design-Build 13 contract that allows for two phases; and 14 WHEREAS, Garrey Companies Inc. will assist with the expansion of the existing 15 reclaimed water distribution system to serve additional large use customers within the Utilities 16 service area with the first phase of the reclaimed water distribution system expansion 17 including the eastern portion of the Utilities service area extending to the barrier island; and 18 WHEREAS, Gamey's scope of work includes evaluation of pipe routes, surveying, 19 subsurface and geotechnical investigations, preparation of 60% design drawings, public 20 outreach, and development of a Guaranteed Maximum Price (GMP) for construction; and 21 WHEREAS, the City Commission of the City of Boynton Beach upon 22 recommendation of staff, deems it to be in the best interest of the citizens of the City of 23 Boynton Beach to approve and authorize the City Manager to sign a Progressive Design/Build 24 Agreement for Reclaimed Water Distribution System with Garrey Companies, Inc. 25 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 26 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 27 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 28 being true and correct and are hereby made a specific part of this Resolution upon adoption 29 hereof. S:ACA\RESO\Agreements\Agreement With Garrey Companies For Reclaimed Water Distribution System-Reso.Docx Page 308 of 1055 30 Section 2. The City Commission of the City of Boynton Beach, Florida does 31 hereby approves and authorizes the City Manager to sign a Progressive Design/Build 32 Agreement for Reclaimed Water Distribution System with Garrey Companies, Inc., a copy of 33 which is attached hereto as Exhibit"A". 34 Section 3. This Resolution shall become effective immediately upon passage. 35 PASSED AND ADOPTED this day of September 15th, 2020 36 CITY OF BOYNTON BEACH, FLORIDA 37 YES NO 38 39 Mayor— Steven B. Grant 40 41 Vice-Mayor—Ty Penserga 42 43 Commissioner—Justin Katz 44 45 Commissioner—Woodrow L. Hay 46 47 Commissioner—Christina L. Romelus 48 49 VOTE 50 ATTEST: 51 52 53 Crystal Gibson, MMC 54 City Clerk 55 56 57 (Corporate Seal) S:ACA\RESO\Agreements\Agreement With Garrey Companies For Reclaimed Water Distribution System-Reso.Docx Page 309 of 1055 PROGRESSIVE DESIGN/BUILD AGREEMENT FOR RECLAIMED WATER DISTRIBUTION SYSTEM This AGREEMENT is made effective as of September ,2020,by and between the following parties, for services in connection with the Project identified below: OWNER: The City of Boynton Beach, Florida 100 E. Ocean Avenue Boynton Beach, FL 33435 PO Box 310 Boynton Beach, FL 33425-0310 DESIGN-BUILDER: Garrey Companies, Inc. 370 E. Crown Point Road Winter Garden, FL 34787 PROJECT: RFQ 4 013-2821-19/TP—Reclaimed Water Distribution System Progressive Design-Build WHEREAS,the CITY solicited proposals from qualified Design-Build Firms to provide services for the expansion of the existing reclaimed water distribution system; WHEREAS,pursuant to Section 287.055, Florida Statutes, the City of Boynton Beach solicited proposals for non-exclusive Contracts to perform professional services, WHEREAS, at its meeting on July 2, 2019, the CITY Commission authorized the proper CITY officials to conduct negotiations with the first ranked firm Garrey Companies, Inc. of Winter Garden, Florida; and WHEREAS, at its meeting on September 15, 2020 by Resolution No.: R20- the CITY Commission authorized the proper CITY officials to execute this Contract hereinafter referred to as Contract No.: 013-2821-19/TP. In consideration of the mutual covenants and obligations contained herein, Owner and Design-Builder now agree as follows: Article 1.0 Scope of Work 1.1 Phased Delivery. Owner and Design-Builder will implement the Project on a phased basis. 1.2 Phase 1 Services. Owner has selected Design-Builder on the basis of Design-Builder's proposal for the performance of design,pricing, and other services for the Project during Phase 1. Design- Builder shall perform such services to the level of completion required for Design-Builder to establish the Contract Price for Phase 2, as set forth in Section 1.3 below. The Contract Price for Phase 2 shall be developed during Phase 1 in conjunction with Attachment B. Design-Builder's Compensation for Phase 1 Services is set forth in Section 1, Phase 1, of Attachment B, Compensation. The level of completion required for Phase 1 Services is defined in Attachment A, Scope of Work(either as a percentage of design completion or by defined deliverables). 1.3 Phase 2 Services. Design-Builder's Phase 2 services shall consist of the completion of design services for the Project, the procurement of all materials and equipment for the Project, the ©Copyright 2013 by The Water Design-Build Council(WDBC) WDBC Document No. W-1701-2013 Progressive Design/Build Agreement P 10 of 1055 PROGRESSIVE DESIGN/BUILD AGREEMENT FOR RECLAIMED WATER DISTRIBUTION SYSTEM performance of construction services for the Project,the start-up,testing, and commissioning of the Facility,and the provision of warranty services,all as further described in Attachment A,Scope of Work. Upon receipt of Design-Builder's proposed Contract Price for Phase 2, Owner may (a) accept the Contract Price and issue a Notice to Proceed with Phase 2 services, or (b) enter into a negotiation with Design-Builder on the scope and Contract Price, and,if required,on the schedule, for Phase 2 services to achieve a mutually acceptable basis on which to proceed,or(c)reject Design- Builder's proposal for Phase 2 and either (i) cancel the Project, (ii)proceed with another Design- Builder, or (iii) exercise the "off-ramp" final design provisions of Section 1.4, Off-Ramp. The Contract Price for Phase 2 Services will be set forth in Section 2, Phase 2, of Attachment B, Compensation, when mutually agreed between the parties. Once the parties have agreed upon the Contract Price and Owner has issued a Notice to Proceed with Phase 2, Design-Builder shall perform the Phase 2 services, all as further described in Attachment A,Scope of Work, as it may be revised. 1.4 Off-Ramp. 1.4.1 The parties acknowledge that Owner's ability to successfully complete the Project may be significantly impacted if Owner elects to terminate Design-Builder's services at the end of Phase 1,rather than proceeding to Phase 2 under Section 1.3 ("Phase 2 Services")and certain design sub- consultants are not available to continue working on the Project. Consequently, Design-Builder hereby agrees that if Owner terminates Design-Builder for any reason, Owner shall have the right to contract directly with such design sub-consultants for design-related services on this Project,and Design-Builder shall take such steps as are reasonably necessary to enable Owner to implement such relationship. Design-Builder shall provide in any design sub-consultant agreements that Owner shall have the right to negotiate directly with such design sub-consultants for the continuation of their services with respect to the Project, and that any provisions with respect to copyright or the ownership of instruments of service confirm such right of Owner. 1.4.2 If the parties are unable to reach an agreement on Design-Builder's proposed Contract Price for Phase 2 under Section 1.3 within the time limit for acceptance specified in the Proposal, as may be extended by the mutual agreement of the parties,then the proposed Contract Price shall be deemed withdrawn and of no effect. In such event, Owner and Design-Builder shall meet and confer as to how the Project will proceed,with Owner having the following options: 1. Owner may declare Phase 1 Services completed and authorize Design-Builder to continue to advance the final design of the Project as an extension of Phase 1 or as an Additional Service, as applicable; or 2. Owner may terminate the relationship with Design-Builder and proceed to exercise its available options to perform the final design and construction with parties other than Design-Builder. 1.4.3 If Owner fails to exercise either of its options under Section 1.4.2 in a reasonable period of time, Design-Builder may give written notice to Owner that it considers this Agreement completed. If Owner fails to exercise either of the options under Section 1.4.2 within ten (10) days of receipt of Design-Builder's notice,then this Agreement shall be deemed completed. 1.4.4 If Owner terminates the relationship with Design-Builder under Section 1.4.2.2, or if this Agreement is deemed completed under Section 1.4.3, then Design-Builder shall have no further liability or obligations to Owner under this Agreement 1.5 Completion. Once Design-Builder has received a Notice to Proceed with Phase 2,Design-Builder shall perform all design and construction services,and provide all material,equipment,tools,labor, manuals, and start-up and commissioning services for the Project necessary to complete the Work described in and reasonably inferable from the Contract Documents. Following Substantial Completion of the Work, Design-Builder shall conduct performance tests to demonstrate that the Facility Performance Criteria have been met, as a condition for Final Acceptance. ©Copyright 2013 by The Water Design-Build Council(WDBC) WDBC Document No. W-1701-2013 Progressive Design/Build Agreement P 11 of 1055 PROGRESSIVE DESIGN/BUILD AGREEMENT FOR RECLAIMED WATER DISTRIBUTION SYSTEM Article 2.0 Contract Documents 2.1 Contract Documents. The Contract Documents are comprised of the following: 1. All written modifications, amendments and change orders to this Agreement issued in accordance with Attachment D, General Conditions; 2. Written Supplementary Conditions, if any, to the General Conditions; 3. This Agreement,including all exhibits and the following attachments: Attachment A Scope of Work Section 1 Phase 1 Scope of Work Section 2 Phase 2 Scope of Work Attachment B Compensation Section 1 Phase 1 Services Compensation Section 2 Contract Price for Phase 2 Services Attachment C Schedule Attachment D General Conditions Attachment E Indemnity, Insurance&Bonding Attachment F Owner's Project Design-Build Criteria by Reference. Attachment G Special Conditions 4. Construction Documents prepared and reviewed in accordance with GC 2.4; to be developed in Phase 2 5. The following other document attached hereto: Garrey Companies, Inc. proposal dated August 13, 2020. Article 3.0 Interpretation and Intent 3.1 Contract Documents. The Contract Documents are intended to permit the parties to complete the Work and all obligations required by the Contract Documents within the Contract Time(s) for the Phase 1 Compensation and the agreed Contract Price for Phase 2 Services.The Contract Documents are intended to be complementary and interpreted in harmony so as to avoid conflict, with words and phrases interpreted in a manner consistent with construction and design industry standards. In the event of any inconsistency, conflict, or ambiguity between or among the Contract Documents, the Contract Documents shall take precedence in the order in which they are listed in Section 2.1 hereof. 3.2 Meanings. Terms,words and phrases used in the Contract Documents,including this Agreement, shall have the meanings given them in GC 1.2. 3.3 Entire Agreement. The Contract Documents form the entire agreement between Owner and Design-Builder and by incorporation herein are as fully binding on the parties as if repeated herein in their entirety. No oral representations or other agreements have been made by the parties except as specifically stated in the Contract Documents. ©Copyright 2013 by The Water Design-Build Council(WDBC) WDBC Document No. W-1701-2013 Progressive Design/Build Agreement P 12 of 1055 PROGRESSIVE DESIGN/BUILD AGREEMENT FOR RECLAIMED WATER DISTRIBUTION SYSTEM Article 4.0 Ownership of Work Product 4.1 Work Product.All drawings, specifications and other documents and electronic data furnished by Design-Builder to Owner under this Agreement("Work Product") are deemed to be instruments of service and Design-Builder shall retain the ownership and property interests therein, including the copyrights thereto. 4.2 Owner's Limited License upon Payment in Full. Upon Owner's payment in full for the Work performed in each Phase under the Contract Documents, Design-Builder shall be deemed to have granted Owner a limited license to use the Work Product solely in connection with Owner's ownership,use, and occupancy of the Project. Owner shall not use the Work Product on any other project or facility without Design-Builder's express written consent. 4.3 Owner's Limited License upon Owner's Termination for Convenience or Design-Builder's Election to Terminate. If Owner terminates the Project for its convenience as set forth in Article 8.0 ("Termination for Convenience"), or if Design-Builder elects to terminate this Agreement in accordance with GC 9.5 ("Design-Builder's Right to Terminate for Cause"),Design-Builder shall, upon Owner's payment in full of the amounts due Design-Builder under the Contract Documents, be deemed to have granted Owner a limited license to use the Work Product to complete the Project and subsequently use and occupy the Project, conditioned on the following: 1. Use of the Work Product is at Owner's sole risk without liability or legal exposure to Design-Builder or anyone working for or through Design-Builder, including Design Consultants of any tier(collectively the "Indemnified Parties"). 4.4 Owner's Limited License upon Design-Builder's Default. If this Agreement is terminated due to Design-Builder's default pursuant to GC 9.3 ("Owner's Right to Perform and Terminate for Cause")and(i)it is determined that Design-Builder was in default,and(ii)Owner has fully satisfied all of its obligations under the Contract Documents, then Design-Builder shall grant Owner a limited license to use the Work Product in connection with Owner's completion,use and occupancy of the Project. This limited license is conditioned on Owner's express understanding that its use of the Work Product is at Owner's sole risk and without liability or legal exposure to any Indemnified Party. 4.5 Owner's Indemnification for Use of Work Product. Owner recognizes that in the event of an early termination of the Work,whether for convenience or for cause, Design-Builder will not have the opportunity to finish or to finalize its Work Product. Therefore,if Owner uses the Work Product under Sections 4.3 or 4.4 in whole or in part, Owner agrees to defend,indemnify and hold harmless the Indemnified Parties from and against any and all claims, damages, liabilities, losses and expenses, including attorneys' fees, arising out of or resulting from Owner's use of the Work Product,to the fullest extent permitted by applicable law. Article 5.0 Contract Time 5.1 Dates of Commencement. 5.1.1 Design-Builder's Phase 1 Services shall commence within five (5) days of Design- Builder's receipt of Owner's Phase 1 Notice to Proceed unless the parties mutually agree otherwise in writing. The parties shall use their best efforts to complete the Phase I Services within the time durations detailed in Attachment C. Section Entitled; "SCHEDULE". ©Copyright 2013 by The Water Design-Build Council(WDBC) WDBC Document No. W-1701-2013 Progressive Design/Build Agreement P 13 of 1055 PROGRESSIVE DESIGN/BUILD AGREEMENT FOR RECLAIMED WATER DISTRIBUTION SYSTEM 5.1.2 The Phase 2 Services shall commence on the date within five(5)days of Design-Builder's receipt of Owner's Phase 2 Notice to Proceed ("Date of Commencement") unless the parties mutually agree otherwise in writing. 5.2 Substantial Completion and Final Completion 5.2.1 Substantial Completion of the entire Work included in Phase 1 shall be achieved no later than Four Hundred Twenty (420) calendar days after the Date of Commencement ("Scheduled Substantial Completion Date"). The Substantial Completion date for Phase 2 shall be submitted with the Guaranteed Maximum Price (GMP) deliverable package. 5.2.2 Interim milestones and/or Substantial Completion of identified portions of the Work shall be achieved in accordance with Attachment C,Schedule. 5.2.3 Final Completion of the Work or identified portions of the Work shall be achieved within ix (60) days after Substantial Completion. 5.2.4 All of the dates set forth in this Article 5.0 shall be subject to adjustment in accordance with the General Conditions. 5.3 Time is of Great Importance. Owner and Design-Builder mutually agree that time is of great importance with respect to the dates and times set forth in the Contract Documents. Owner agrees to provide all site access, materials, information, data, and approvals required under the Contract Documents in a timely manner, as required for Design-Builder to achieve the interim milestones of the Schedule and the Scheduled Substantial Completion Date. 5.4 Liquidated Damages. Design-Builder understands that if Substantial Completion is not achieved by the Scheduled Substantial Completion Date (as it may be extended hereunder), Owner will suffer damages which are difficult to determine and accurately specify. Design-Builder agrees that if Substantial Completion is not achieved by the Scheduled Substantial Completion Date (the "LD Date"), Design-Builder shall pay Owner One Thousand Dollars ($1.000.00 as liquidated damages for each day that Substantial Completion extends beyond the LD Date,up to a maximum of. Fifty Thousand Dollars 050.000.001. The liquidated damages provided herein shall be in lieu of all liability for any and all extra costs, losses, expenses, claims, penalties and any other damages, whether special or consequential, and of whatsoever nature incurred by Owner which are occasioned by any delay in achieving Substantial Completion. No Liquidated Damages shall be assessed in the event that Owner takes early beneficial occupancy of the Facility or makes partial use thereof for operating or commercial purposes before Substantial Completion is achieved. 5.5 Early Completion Bonus. If Substantial Completion for the Phase 2 construction work is achieved on or before Twenty(20) days before the Scheduled Substantial Completion Date (the "Bonus Date"), Owner shall pay Design-Builder at the time of Final Payment under Section 7.4 hereof an early completion bonus of Five Hundred Dollars 0500.001 for each day that Substantial Completion is achieved earlier than the Bonus Date. Such Early Completion bonus shall not exceed Ten Thousand Dollars ($10.000.00) in the aggregate. ©Copyright 2013 by The Water Design-Build Council(WDBC) WDBC Document No. W-1701-2013 Progressive Design/Build Agreement P 14 of 1055 PROGRESSIVE DESIGN/BUILD AGREEMENT FOR RECLAIMED WATER DISTRIBUTION SYSTEM Article 6.0 Compensation and Contract Price 6.1 Phase 1 Compensation. Forthe Phase 1 Services,Owner shall pay Design-Builder compensation in accordance with Section 1,Phase 1,of Attachment B, Compensation. 6.2 Phase 2 Contract Price. For the Phase 2 Services, Owner shall pay Design-Builder in accordance with Section 2,Phase 2,of Attachment B,Compensation,an agreed Contract Price equal to Design- Builder's Fee (as defined in Attachment B) plus the Cost of the Work (as defined in Attachment B), subject to adjustments made in accordance with the General Conditions. Article 7.0 Procedure for Payment 7.1 Payment for Phase 1 Services 7.1.1 Owner shall compensate Design-Builder monthly for Phase 1 Services performed under the Agreement per Attachment B,Section 1. 7.1.2 Owner shall pay Design-Builder for Phase I Services within thirty(30)days after Owner's receipt of each properly submitted and accurate Application for Payment in accordance with the provisions of GC 5.1 ("Payment for Phase 1 Services") and 5.4 ("Withholding of Payments"). 7.2 Progress Payments for Phase 2 Services 7.2.1 An initial payment of 7L4 dollars = shall be made upon execution of this Agreement and credited to Owner's account at final payment 7.2.2 Design-Builder shall submit to Owner on or before the twenty-fifth (25th) day of each month,beginning with the first month after the Date of Commencement, Design-Builder's Application for Payment in accordance with GC 5.3 ("Monthly Progress Payments for Phase 2 Services"). 7.2.3 Owner shall make payment within thirty (30) days after Owner's receipt of each properly submitted and accurate Application for Payment in accordance with GC 5.3, but in each case less the total of payments previously made, and less any amounts properly withheld under GC 5.4("Withholding of Payments")and Section 7.3 below("Retainage on Progress Payments"). 7.2.4 If Design-Builder's Fee is a fixed amount, the amount of Design-Builder's Fee to be included in Design-Builder's monthly Application for Payment and paid by Owner shall be proportional to the percentage of the Work completed, less payments previously made on account of Design-Builder's Fee. 7.3 Retainage on Progress Payments 7.3.1 Owner will retain Zero percent 0%)of each Phase I Application for Payment and Ten percent (l 0%)of each Phase 2 Application for Payment provided, however,that when percent (50%) of the Work has been completed by Design-Builder, and if the Work is proceeding satisfactorily, then Owner will not retain any additional amounts from Design-Builder's subsequent Applications for Payment. Owner will also reasonably consider reducing retainage for Subcontractors completing their work early in the Project. 7.3.2 Upon Substantial Completion of the entire Work or,if applicable,any portion of the Work, pursuant to GC 5.7 ("Substantial Completion"), Owner shall release to Design-Builder all retained amounts relating, as applicable, to the entire Work or completed portion of the Work, less an amount equal to the reasonable value of all remaining or incomplete items ©Copyright 2013 by The Water Design-Build Council(WDBC) WDBC Document No. W-1701-2013 Progressive Design/Build Agreement P 15 of 1055 PROGRESSIVE DESIGN/BUILD AGREEMENT FOR RECLAIMED WATER DISTRIBUTION SYSTEM of Work as noted in the Certificate of Substantial Completion or other withholdings pursuant to GC 5.4. 7.4 Final Payment 7.4.1 Design-Builder shall submit its Final Application for Payment to Owner in accordance with GC 5.8("Final Payment"). Owner shall make payment on Design-Builder's properly submitted and accurate Final Application for Payment within ten (10)days after Owner's receipt of the Final Application for Payment, provided that Design-Builder has satisfied the requirements for final payment set forth in GC 5.8.2. 7.5 Record Keeping and Financial Controls 7.5.1 Design-Builder acknowledges that this Agreement is to be administered on an"open book" arrangement relative to Costs of the Work, including the development and agreement upon the Contract Price for Phase 2 Services. Design-Builder shall keep full and detailed accounts and exercise such controls as may be necessary for proper financial management, using accounting and control systems in accordance with generally accepted accounting principles, and in such accounts as may be necessary for Owner's utility accounting purposes. During the performance of the Work and for a period of three (3) years after Final Payment,Owner and Owner's accountants shall be afforded access from time to time, upon reasonable notice, to Design-Builder's records, books, correspondence, receipts, subcontracts, purchase orders, vouchers, memoranda and other data relating to the Work, all of which Design-Builder shall preserve for a period of three (3) years after Final Payment,provided, however, that such access,review, and audit rights shall not extend to any compensation amounts established on the basis of fixed rates for overhead or fee, or an agreed fixed sum, or unit rates for any element of cost. Article 8.0 Representatives of the Parties 8.1 Owner's Representatives 8.1.1 Owner designates the individual listed below as its Senior Representative ("Owner's Senior Representative"), which individual has the authority and responsibility for avoiding and resolving disputes under GC 8.2.3: Joseph Paterniti,P.E. Utilities Director 124 E.Woolbright Road Boynton Beach,FL 33435 561-742-6423 8.1.2 Owner designates the individual listed below as its Owner's Representative,which individual has the authority and responsibility set forth in GC 3.4 ("Owner's Representative"): Jose Huertas Senior Engineer 124 E.Woolbright Road Boynton Beach,FL 33435 561-742-6487 ©Copyright 2013 by The Water Design-Build Council(WDBC) WDBC Document No. W-1701-2013 Progressive Design/Build Agreement P 16 of 1055 PROGRESSIVE DESIGN/BUILD AGREEMENT FOR RECLAIMED WATER DISTRIBUTION SYSTEM 8.2 Design-Builder's Representatives 8.2.1 Design-Builder designates the individual listed below as its Senior Representative ("Design- Builder's Senior Representative"), which individual has the authority and responsibility for avoiding and resolving disputes under GC 8.2.3: Dan Smolik Garney Companies,Inc. 370 E.Crown Point Road Winter Garden,FL 34787 Phone: 321-221-2826 Design-Build Senior Representative 8.2.2 Design-Builder designates the individual listed below as its Design-Builder's Representative, which individual has the authority and responsibility set forth in GC 2.1.1: Will Poczekaj Garney Companies,Inc. 370 E.Crown Point Road Winter Garden,FL 34787 Phone: 407-395-7515 Design-Build Project Manager Article 9.0 Indemnity,Insurance and Bonds 9.1 Indemnity. Indemnification obligations between the parties shall be as set forth in Article 4.0, above, and in Section 1.0,Indemnity, of Attachment E,Indemnity, Insurance&Bonding. 9.2 Insurance. The parties shall procure the insurance coverages set forth in Attachment E, Indemnity, Insurance&Bonding,in accordance with the General Conditions. 9.3 Bonds and Other Performance Security. If so required, Design-Builder shall provide a performance bond and labor and material payment bond or other performance security in accordance with Section 8.0,Bonds, of Attachment E,Indemnity, Insurance&Bonding. Article 10.0 Other Provisions 10 Other provisions,if any, are as follows: 10.1 Mutual Waiver of Consequential Damages:Notwithstanding any other provision of this Agreement to the contrary, neither parry including their officers agents, servants and employee shall be liable to the other for lost profits or any special,indirect,incidental,or consequential damages in any way arising out of this Agreement however caused under a claim of any type or nature based on any theory of liability(including but not limited to: contract, tort,or warranty) even if the possibility of such damages has been communicated. 10.2 Limitation of Liability:Notwithstanding any provision to the contrary contained in this Agreement, Design-Builder's total liability to Owner for any and all injuries,claims,losses,expenses or damage whatsoever from any cause or causes, including but not limited to Design Builder's negligence, errors, omissions, strict liability or breach of contract, or breach of warranty, shall not exceed the ©Copyright 2013 by The Water Design-Build Council(WDBC) WDBC Document No. W-1701-2013 Progressive Design/Build Agreement P 17 of 1055 PROGRESSIVE DESIGN/BUILD AGREEMENT FOR RECLAIMED WATER DISTRIBUTION SYSTEM total amount of $50,000 or the fee Design Builder receives under this Agreement whichever is greater. 10.3 SCRUTINIZED COMPANIES 287.135 and 215.473: By submission, Design-Builder certifies that the Design-Builder is not participating in a boycott of Israel. Design-Builder further certifies that Design-Builder 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 Design-Builder 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 Design-Builder of the City's determination concerning the false certification. Design- Builder 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, Design-Builder 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 Design-Builder 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. 10.4 TRADE SECRET: Any language contained in the Design-Builder's Proposal purporting to require confidentiality of any portion of the Proposal, except to the extent that certain information is in the City's opinion a Trade Secret pursuant to Florida law, shall be void. If Design-Builder submits any documents or other information to the City which the Design-Builder claims is Trade Secret information and exempt from Florida Statutes Chapter 119.07 (Public Records Laws), the Design-Builder shall clearly designate that it is a Trade Secret and that it is asserting that the document or information is exempt. The Design-Builder must specifically identify the exemption being claimed under Florida Statutes 119.07. The City shall be the final arbiter of whether any information contained in the Design-Builder's Proposal constitutes a Trade Secret. The City's determination of whether an exemption applies shall be final, and the Design-Builder agrees to defend, indemnify, and hold harmless the City its officers, employees, volunteers, and agents, against any loss or damages incurred by any person or entity as a result of the City's treatment of records as public records . Proposals purporting to be subject to copyright protection in full or in part will be rejected. EXCEPT FOR CLEARLY MARKED PORTIONS THAT ARE BONA FIDE TRADE SECRETS PURSUANT TO FLORIDA LAW, DO NOT MARK YOUR PROPOSAL AS PROPRIETARY OR CONFIDENTIAL. DO NOT MARK YOUR PROPOSAL OR ANY PART THEREOF AS COPYRIGHTED. 10.5 PUBLIC RECORDS: Sealed documents received by the City in response to an invitation are exempt from public records disclosure until thirty (3 0) 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 an public agency subject to Chapter 119, Florida Statutes. The Design-Builder shall comply with Florida's Public Records Law. Specifically,the Design-Builder 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 ©Copyright 2013 by The Water Design-Build Council(WDBC) WDBC Document No. W-1701-2013 Progressive Design/Build Agreement P 18 of 1055 PROGRESSIVE DESIGN/BUILD AGREEMENT FOR RECLAIMED WATER DISTRIBUTION SYSTEM 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, Design- Builder shall destroy all copies of such confidential and exempt records remaining in its possession once the Design-Builder transfers the records in its possession to the City; and D. Upon completion of the contract, Design-Builder shall transfer to the City, at no cost to the City, all public records in Design-Builder's possession All records stored electronically by Design-Builder 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. 10.6 IF THE DESIGN-BUILDER HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUES, TO THE DESIGN-BUILDER'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: CRYSTAL GIBSON 100 E. OCEAN AVENUE BOYNTON BEACH, FLORIDA, 33435 561-742-6061 GIBSONC@BBFL.US ©Copyright 2013 by The Water Design-Build Council(WDBC) WDBC Document No. W-1701-2013 Progressive Design/Build Agreement P 9 of 1055 PROGRESSIVE DESIGN/BUILD AGREEMENT FOR RECLAIMED WATER DISTRIBUTION SYSTEM In executing this Agreement, Owner and Design-Builder each individually represents that it has the necessary financial resources to fulfill its obligations under this Agreement, and each has the necessary corporate approvals to execute this Agreement, and perform the services described herein. "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 20 CITY OF BOYNTON BEACH City Manager Dan Smolik, Garrey Companies, Inc. Attest/Authenticated: Title (Corporate Seal) City Clerk Approved as to Form: Attest/Authenticated: Office of the City Attorney Secretary Print Name ©Copyright 2013 by The Water Design-Build Council(WDBC) WDBC Document No. W-1701-2013 Progressive Design/Build Agreement P 0 of 1055 PROGRESSIVE DESIGN/BUILD AGREEMENT FOR RECLAIMED WATER DISTRIBUTION SYSTEM ATTACHMENT A SCOPE OF WORK SECTION 1 PHASE 1 1.0 Design-Builder shall exercise reasonable skill and judgment in the furnishing of design services. Architectural and engineering services shall be furnished by licensed employees of Design-Builder, or by consultants or subcontractors as permitted by the law of the state where the Project is located. Design- Builder is responsible for the following Preliminary Design-Build Services: 1.1 Preliminary Evaluation. Design-Builder shall provide a preliminary evaluation of the Project's feasibility based on the Owner's Program and other relevant information. 1.2 Preliminary Schedule. Design-Builder shall provide a preliminary schedule for Owner's written approval. The schedule shall show the activities of Owner and Design-Builder necessary to meet Owner's completion requirements. 1.3 Preliminary Estimate. Design-Builder shall prepare for Owner's written approval a preliminary estimate utilizing area, volume, or similar conceptual estimating techniques. The level of detail for the estimate shall reflect the Owner's Program and any additional available information. If the preliminary estimate exceeds Owner's budget,Design-Builder shall make written recommendations to Owner. 1.4 Preliminary Design Documents. Design-Builder shall submit for Owner's written approval Preliminary Design Documents,based on the Owner's Program and other relevant information. Preliminary Design Documents shall include drawings, outline specifications and other conceptual documents as further defined herein illustrating the Project's basic elements, scale and their relationship to the site. One set of these Documents shall be furnished to Owner. Design-Builder shall update the preliminary schedule and preliminary estimate based on the Preliminary Design Documents. 1.5 Division of Responsibility. Design-Builder shall prepare for Owner's review a proposed Division of Responsibility with respect to the Project, showing (a) equipment, materials, labor,and services to be provided by Design-Builder,(b) access,equipment,materials,data, information, and approvals to be provided by Owner, and (c) any items necessary for the Project to be provided by third parties. 1.6 Contract Price Proposal. Based on the Preliminary Design-Build Services, Design- Builder shall prepare for Owner's consideration a proposed Contract Price for the Phase 2 Services. 1.7 Additional Services.Design-Builder shall provide the following additional services,if any: 1.7.1 See Attachment F—Owner's Design-Build Criteria.Phase 1 Scope of Work WDBC Document No. W-1702-2013 Page A-1 Attachment A—Scope of Work 8120120 Page 321 of 1055 PROGRESSIVE DESIGN/BUILD AGREEMENT FOR RECLAIMED WATER DISTRIBUTION SYSTEM SECTION 2 PHASE 2 2.1 Completion of Design 2.1.1 Drawings and Specifications Design-Builder shall submit for Owner's review and written comment Drawings and Specifications based on the Contract Documents and the Preliminary Design Documents prepared under Phase I and any further development of Contract Documents that have been approved in writing by Owner. The Drawings and Specifications shall set forth in detail the requirements for construction of the Work, and shall be based upon codes, laws or regulations enacted at the time of their preparation, provided, however,that if such codes, law,or regulations have changed between the date on which Design-Builder submitted its proposed Contract Price and the date of preparation, then Design- Builder shall be entitled to an equitable adjustment in the compensation and/or the Schedule. Construction shall be in accordance with these approved Drawings and Specifications. One set of these documents shall be furnished to Owner prior to commencement of construction. 2.1.2 Manuals Design-Builder shall provide a Commissioning and Startup Manual and an Operations and Maintenance Manual for the Facility, as applicable, each in such form and in such numbers as the parties may agree, and such other manuals as the parties may agree. All such manuals shall be provided no later than ninety (90) days prior to the scheduled date for the commissioning and startup of the Facility. 2.2 Construction Services 2.2.1 Notice to Proceed Following Owner's written acceptance of Drawings and Specifications under Paragraph 2.1.1 above, Design-Builder will commence the performance of Construction Services. 2.2.2 Completion In order to complete the Work, Design-Builder shall provide all necessary construction supervision, inspection, construction equipment, labor, materials, tools, and subcontracted items. 2.2.3 Compliance Design-Builder shall give all notices and comply with all laws and ordinances legally enacted at the date of execution of the Agreement which govern the proper performance of the Work. 2.2.4 Schedule Design-Builder shall prepare and submit a Schedule of Work in the form of a revised Attachment C, Schedule, for Owner's written approval. This Schedule shall indicate the dates for the start and completion of the various stages of the construction including the dates when information and approvals are required from Owner.It shall be revised as required by the conditions of the Work. The Schedule of Work shall be the basis for Design-Builder's management and control of the project and its reporting of progress to Owner. 2.2.5 Permits Design-Builder shall assist Owner in securing the building permits necessary for the construction of the Project. 2.2.6 Safety and Hazardous Conditions Design-Builder shall take necessary precautions for the safety of its employees on the Project,and shall comply with all applicable provisions of federal,state and municipal safety laws to prevent accidents or injury to persons on, about or adjacent to the Site. Design-Builder, directly or through its Subcontractors, shall erect and properly maintain at all times, as required by the conditions and progress of the Work, necessary safeguards for the protection of workers and the public. However, Design-Builder shall not be responsible for the elimination or abatement of any pre-existing Hazardous Materials at the site or any safety hazards created or otherwise resulting from work at the Site carried on by Owner or its employees,agents, WDBC Document No. W-1702-2013 Page A-2 Attachment A—Scope of Work 8/20/20 Page 322 of 1055 PROGRESSIVE DESIGN/BUILD AGREEMENT FOR RECLAIMED WATER DISTRIBUTION SYSTEM separate contractors or tenants. Owner agrees to cause its employees, agents, separate contractors, and tenants to abide by and fully adhere to all applicable provisions of federal, state and municipal safety laws and regulations. The above provision shall not relieve Subcontractors of their responsibility for the safety of persons or property in the performance of their work, nor for compliance with all applicable provisions of relevant laws. 2.2.7 Reports As provided in GC 2.1.2,Design-Builder shall provide monthly written reports to Owner on the progress of the Work including a system of cost reporting for the Work, and also including regular monitoring of actual costs for activities in progress and estimates for uncompleted tasks and proposed changes in the Work. 2.2.8 Site Maintenance At all times Design-Builder shall maintain the Site of the Work free from debris and waste materials resulting from the Work.At the completion of the Work,Design-Builder shall remove from the premises all construction equipment, tools, surplus materials,waste materials and debris. 2.3 Hazardous Material 2.3.1 A Hazardous Material is any substance or material identified now or in the future as hazardous under any federal, state or local law or regulation,or any other substance or material which may be considered hazardous or otherwise subject to statutory or regulatory requirements governing handling,disposal and/or clean-up. Design-Builder shall not be obligated to commence or continue Work until any known or suspected Hazardous Material discovered at the Site has been removed, rendered or determined to be harmless by Owner as certified by an independent testing laboratory and approved by the appropriate government agency. 2.3.2 If after the commencement of the Work, known or suspected Hazardous Material or Hazardous Conditions are discovered at the Site, Owner and Design-Builder shall proceed in accordance with the requirements of GC 4.1 ("Hazardous Conditions &Differing Site Conditions"). 2.4 Patents & Copyright 2.4.1 Design-Builder shall pay all royalties and license fees which may be due on the inclusion of any patented or copyrighted materials,methods or systems selected by Design-Builder and incorporated in the Work. Design-Builder agrees to defend, indemnify and hold Owner harmless from all suits or claims for infringement of any patent rights or copyrights arising out of such selection. 2.4.2 Owner shall pay all royalties and license fees which may be due on the inclusion of any patented or copyrighted materials, methods or systems selected by Owner or specified in the Performance Criteria or bridging documents to be incorporated in the Work. Owner agrees to defend,indemnify and hold Design-Builder harmless from any suits or claims of infringement of any patent rights or copyrights arising out of any such patented or copyrighted materials,methods or systems specified by Owner. 2.5 Warranties and Completion 2.5.1 Design-Builder's warranty to Owner with respect to construction, including all materials and equipment furnished as part of the construction, shall be as specified in GC 2.9("Design-Builder's Warranty"). 2.5.2 Design-Builder's warranty to Owner with respect to the performance of the Facility upon completion shall be as specified in GC 2.11 ("Performance Warranty"). 2.5.3 Those products, equipment, systems or materials incorporated in the Work at the direction of or upon the specific request of Owner shall be covered exclusively by the warranty of the manufacturer. There are no warranties which extend beyond the description on the face thereof. WDBC Document No. W-1702-2013 Page A-3 Attachment A—Scope of Work 8120120 Page 323 of 1055 PROGRESSIVE DESIGN/BUILD AGREEMENT FOR RECLAIMED WATER DISTRIBUTION SYSTEM 2.5.4 All other warranties, express or implied,including any warranty of merchantability and any warranty of fitness for a particular purpose are expressly disclaimed. 2.5.5 Design-Builder shall secure required certificates of inspection,testing or approval and deliver them to Owner. 2.5.6 Design-Builder shall collect all written warranties and equipment manuals and deliver them to Owner. 2.5.7 With the assistance of Owner's maintenance personnel,Design-Builder shall direct the checkout of utilities and operations of systems and equipment for readiness,and assist in their commissioning and initial start-up and testing, all in accordance with the Commissioning and Startup Manual to be provided by Design-Builder. 2.5.8 See Attachment G- Special Conditions 1-16 2.6 Limitations of Liability 2.6.1 Limitation of Liability. Design-Builder's liability for Owner's damages for any cause or combination of causes (including any liquidated damages), whether based upon contract, tort, breach of warranty,negligence, strict liability, or otherwise, shall be limited as set forth in General Condition GC 2.11 ("Limitations of Liability") and Article 10 of the Agreement. 2.7 Additional Services Design-Builder shall provide or procure the following Additional Services upon the request of Owner unless such services are specifically included in the Owner's Program or in an attachment to this Agreement. A written agreement between Owner and Design-Builder shall define the extent of such Additional Services and compensation therefor. 2.7.1 Documentation of the Owner's Program, establishing the Project budget(beyond the Cost of the Work), investigating sources of financing, general business planning and other information and documentation as may be required to establish the feasibility of the Proj ect. 2.7.2 Consultations, negotiations, and documentation supporting the procurement of Project financing. 2.7.3 Surveys, site evaluations, legal descriptions and aerial photographs. 2.7.4 Appraisals of existing equipment, existing properties,new equipment and developed properties. 2.7.5 Soils, subsurface and environmental studies,reports and investigations required for submission to governmental authorities or others having jurisdiction over the Project. 2.7.6 Consultations and representations other than normal assistance in securing building permits,before governmental authorities or others having jurisdiction over the Project. 2.7.7 Investigation or making measured drawings of existing conditions or the verification of drawings or other Owner-provided information. 2.7.8 Artistic renderings, models and mockups of the Project or any part of the Project or the Work. 2.7.9 Inventories of existing furniture,fixtures,furnishings and equipment which might be under consideration for incorporation into the Work. 2.7.10 Interior design and related services including procurement and placement of furniture, furnishings, artwork and decorations. WDBC Document No. W-1702-2013 Page A-4 Attachment A—Scope of Work 8120120 Page 324 of 1055 PROGRESSIVE DESIGN/BUILD AGREEMENT FOR RECLAIMED WATER DISTRIBUTION SYSTEM 2.7.11 Making revisions to the Preliminary Design, Design Development, or Construction Documents after they have been reviewed by Owner, and which are due to causes beyond the control of Design-Builder. 2.7.12 Design, coordination, management, expediting and other services supporting the procurement of materials to be obtained,or work to be performed,by Owner,including but not limited to telephone systems, computer wiring networks, sound systems, alarms, security systems and other specialty systems which are not a part of this Agreement. 2.7.13 Estimates, proposals, appraisals, consultations, negotiations and services in connection with the repair or replacement of an insured loss. 2.7.14 The premium portion of overtime work ordered by Owner including productivity impact costs. 2.7.15 Document reproduction exceeding the allowances provided for in this Agreement. 2.7.16 Obtaining service contractors and training maintenance personnel, assisting and consulting in the use of systems and equipment after the initial start up, and adjusting and balancing of systems and equipment. 2.7.17 Services for tenant or rental spaces or third-parry facilities not a part of this Agreement. 2.7.18 Services requested by Owner or required by the Work which are not specified in the Contract Documents and which are not normally part of generally accepted design, construction and start-up and commissioning practice. 2.7.19 Serving or preparing to serve as an expert witness in connection with any proceeding, legal or otherwise,regarding the Project. 2.7.20 Preparing reproducible record drawings from marked-up prints, drawings or other documents that incorporate significant changes in the Work made during the Construction Phase. 2.8 Subcontractors. Work not performed by Design-Builder with its own forces shall be performed by Subcontractors. The provisions of this Agreement and the associated Contract Documents shall be incorporated into all major subcontracts as defined in "schedule of sub-consultant/minority business enterprise (MBE/WBE)participation. 2.8.1 Retaining Subcontractors Design-Builder shall not retain any Subcontractor to whom Owner has a reasonable and timely objection,provided that Owner agrees to compensate Design-Builder for any additional costs incurred by Design-Builder as provided in GC 2.7.3.Design-Builder shall not be required to retain any Subcontractor to whom Design-Builder has a reasonable obj ection. 2.8.2 Management of Subcontractors Design-Builder shall be responsible for the management of Subcontractors in the performance of their work. 2.8.3 Assignment of Subcontract Agreements Design-Builder shall provide for assignment of subcontract agreements in the event that Owner terminates this Agreement for cause as provided in GC 11.2 ("Owner's Right to Perform and Terminate for Cause"). Following such termination, Owner shall notify in writing those subcontractors whose assignments will be accepted, subject to the rights of sureties. 2.9 See Attachment F—Owner's Design-Build Criteria.Phase 2 Scope of Work WDBC Document No. W-1702-2013 Page A-5 Attachment A—Scope of Work 8120120 Page 325 of 1055 PROGRESSIVE DESIGN/BUILD AGREEMENT FOR RECLAIMED WATER DISTRIBUTION SYSTEM SECTION 3 OWNER'S RESPONSIBILITIES 3.1 Information and Services Provided by Owner 3.1.1 Owner shall provide full information regarding requirements for the Project,including the Owner's Program, Performance Criteria, bridging documents, and other relevant information, within the times specified in Attachment C,Schedule. 3.1.2 Owner shall provide: 1. All necessary information describing the physical characteristics of the site, including surveys, site evaluations, legal descriptions, existing conditions, subsurface and environmental studies,utilities,reports and investigations; 2. Unless otherwise provided in the Contract Documents, necessary approvals, site plan review,rezoning, easements and assessments,necessary permits,fees and charges required for the construction,use, occupancy or renovation of permanent structures,including legal and other require services. 3.1.3 Design-Builder shall be entitled to rely on the completeness and accuracy of the information and services required by this Section 3.1. 3.2 Owner's Responsibilities during Phase 1 3.2.1 If not developed by Owner and Design-Builder under a prior agreement, Owner shall provide the Owner's Program at the inception of the Design Phase. Owner shall review and timely approve schedules, estimates, and design documents furnished during the Design Phase as set forth in Section 3.1. 3.2.2 Owner shall arrange for access to and make all provisions for Design-Builder to enter upon public and private property as required for Design-Builder to perform Phase 1 services hereunder. 3.2.3 Design-Builder shall be entitled to rely on the completeness and accuracy of the information and documents to be provided by Owner under this Section 3.2. Owner shall provide access to Owner's e-builder account for purposes of executing project management and reporting requirements. 3.3 Owner's Responsibilities during Phase 2 Design and Construction 3.3.1 Owner shall review and approve the Schedule as set forth in Attachment C, Schedule, as revised. 3.3.2 If Owner becomes aware of any error,omission or failure to meet the requirements of the Contract Documents or any fault or defect in the Work, Owner shall give written notice to Design-Builder within five (5)days of so becoming aware. 3.3.3 Unless otherwise agreed by Design-Builder, Owner shall communicate with Design-Builder's Subcontractors, Suppliers,and Design Consultants only through Design-Builder. Owner shall have no contractual obligations to Subcontractors or Suppliers or Design Consultants. 3.3.4 Owner may provide insurance for the Project as provided in Attachment E, Indemnity, Insurance & Bonding. 3.3.5 Owner shall provide timely, clear and adequate access to the site and any laydown areas. WDBC Document No. W-1702-2013 Page A-6 Attachment A—Scope of Work 8120120 Page 326 of 1055 PROGRESSIVE DESIGN/BUILD AGREEMENT FOR RECLAIMED WATER DISTRIBUTION SYSTEM 3.3.6 Owner shall provide all equipment,materials,information,data,and approvals required for Design- Builder's performance of the Work in a timely and complete manner. 3.3.7 Design-Builder shall be entitled to rely on the completeness and accuracy of the information and documents to be provided by Owner under this Section 3.3. 3.4 Owner's Representative Owner's representative, designated in writing and agreed to by Design-Builder: 1. shall be fully acquainted with the Project; 2. agrees to furnish the information and services required of Owner when required so as not to delay the performance of the Work;and 3. have authority to bind Owner in all matters requiring Owner's approval, authorization or written notice. If Owner changes its representative or the representative's authority as listed above, Owner shall notify Design-Builder in advance in writing. Design-Builder shall have the right to approve any successor representative. 3.5 City's Responsibilities 3.5.1 See Attachment G- Special Conditions 15 WDBC Document No. W-1702-2013 Page A-7 Attachment A—Scope of Work 8/20/20 Page 327 of 1055 PROGRESSIVE DESIGN/BUILD AGREEMENT FOR RECLAIMED WATER DISTRIBUTION SYSTEM ATTACHMENT B COMPENSATION SECTION 1 PHASE 1 SERVICES-IN ACCORDANCE WITH ATTACHMENT A SCOPE OF WORK In accordance with the Design-Builder's proposal for Phase 1 Services dated August 13, 2020, the total fee is $614,277.79. SECTION 2 CONTRACT PRICE FOR PHASE 2 SERVICES 1.0 Choice of Compensation Method for Phase 2 Services 1.1 The parties may elect to use the Guaranteed Maximum Price ("GMP") form of compensation for the Phase 2 Services, or a fixed Contract Price, or cost-reimbursable compensation with a Fixed Fee. If the GMP form of compensation is to be used, it may be agreed upon before the execution of this Agreement or will be developed and agreed upon for Phase 2 services.If the parties do not use a GMP, then the compensation to Design-Builder shall be a fixed Contract Price developed in accordance with Section 3.0, or shall be based on those fees and costs identified in Section 4.0.) 2.0 Guaranteed Maximum Price The Guaranteed Maximum Price (GMP)will be developed as part of the Phase 1 services by the Design-Builder and submitted to the Owner for acceptance as part of the GMP deliverable package. 2.1 Use of a GMP Agreed upon Execution of this Agreement 2.1.1 Design-Builder agrees that upon Owner's request it will submit its proposal for the Contract Price on the basis of a Guaranteed Maximum Price for the Phase 2 Services. Design-Builder does not guarantee any specific line item provided as part of the GMP,but agrees that it will beresponsible for paying all costs of completing the Work which exceed the GMP, as adjusted in accordance with the Contract Documents. Documents used as a basis for the GMP shall be identified in an agreed revision to this Attachment. 2.1.2 The GMP will include an allowance within each work package or task order as determined by the Design-Builder and approved by the Owner when a maximum price for the work package or task order has been not been determined at time of GMP. This allowance will be used as the maximum value for the specific line item and all remaining funds within the work package or task order will revert to the Owner after the price is determined through competitive bidding or final pricing by the Design-Builder. If an allowance is not included within the work package or task order line, the agreed upon price is the maximum for that item. Any savings within the fixed price items will be included in the savings sharing formula specified in Section 2.3.1. . 2.1.3 If the parties so agree, the Phase 2 Services may be divided into separate work packages or task orders, and Design-Builder shall propose and Owner shall consider for acceptance a separate GMP for each such work package or task order. WDBC Document No. W-1703-2013 Page B-1 Attachment B-Compensation Pa -Y28 of 1055 PROGRESSIVE DESIGN/BUILD AGREEMENT FOR RECLAIMED WATER DISTRIBUTION SYSTEM 2.2 GMP Established at the Commencement Date of Phase 2 2.2.1 GMP Proposal. If requested by Owner, Design-Builder shall submit to Owner a GMP Proposal for the Contract Price as part of the Phase I Services which shall include the following,unless the parties mutually agree otherwise: 1. A proposed GMP,which shall be the sum of: i. Design-Builder's Fee as defined in Section 2, Phase 2, of Attachment B, Compensation; ii. the estimated Cost of the Work as defined in Section 2,Phase 2,of Attachment B, Compensation,inclusive of any Design-Builder's allowance as defined in Section 1.1.2 above; and iii. if applicable, any prices established under Section 2,Phase 2, of Attachment B, Compensation. 2. A list of the drawings and specifications, including all addenda, used as the basis for the GMP proposal; 3. A list of the assumptions, exceptions, and clarifications made by Design-Builder in the preparation of the GMP Proposal, which list is intended to supplement the information contained in the drawings and specifications; 4. The Scheduled Substantial Completion Date upon which the proposed GMP is based, to the extent said date has not already been established under Paragraph 5.2.1of the Agreement, and a schedule upon which the Scheduled Substantial Completion Date is based; 5. If applicable, a list of allowances and a statement of their basis; 6. If applicable, a schedule of alternate prices; 7. If applicable, a schedule of unit prices; 8. If applicable, a statement of Additional Services; and 9. The time limit for acceptance of the GMP Proposal. 10. Schedule of owner-direct purchase equipment for sales tax relief. 2.2.2 Review and Adjustment to GMP Proposal. After submission of the GMP Proposal, Design- Builder and Owner shall meet to discuss and review the GMP Proposal.If Owner has any comments regarding the GMP Proposal, or finds any inconsistencies or inaccuracies in the information presented,it shall promptly give written notice to Design-Builder of such comments or findings. If appropriate,Design-Builder shall,upon receipt of Owner's notice,make appropriate adjustments to the GMP Proposal. 2.2.3 Acceptance of GMP Proposal. If Owner accepts the GMP Proposal, as may it be amended by Design-Builder, the GMP and its basis shall be set forth in an amendment to this Agreement. 2.2.4 Failure to Accept the GMP Proposal. If Owner rejects the GMP Proposal, or fails to notify Design-Builder in writing on or before the date specified in the GMP Proposal that it accepts the GMP Proposal, the GMP Proposal shall be deemed withdrawn and of no effect. In such event, Owner and Design-Builder shall meet and confer as to how the Project will proceed, with Owner having the following options: WDBC Document No. W-1703-2013 Page B-2 Attachment B-Compensation Pa -Y29 of 1055 PROGRESSIVE DESIGN/BUILD AGREEMENT FOR RECLAIMED WATER DISTRIBUTION SYSTEM 1. Owner may suggest modifications to the GMP Proposal,whereupon,if such modifications are accepted in writing by Design-Builder, the GMP Proposal shall be deemed accepted and the parties shall proceed in accordance with Section 2.2.3 above; 2. Owner may authorize Design-Builder to continue to proceed with the Work on the basis of reimbursement as provided in Section 2,Phase 2,of Attachment B, Compensation,without a GMP,in which care all references in this Agreement to the GMP shall not be applicable; or 3. Owner may terminate this Agreement for convenience in accordance with GC 9.2 ("Termination for Convenience"). If Owner fails to exercise any of the above options, Design-Builder shall have the right to (i) continue with the Work as if Owner had elected to proceed in accordance with Item .2 above, and be paid by Owner accordingly,unless and until Owner notifies it in writing to stop the Work, or (ii) suspend performance of Work in accordance with GC 9.4 ("Design-Builder's Right to Stop Work"). 2.2.5 Conversion. The parties may agree at any time to convert the agreed GMP to a Fixed Contract Price for the completion of the Phase 2 Services. 2.3 Savings 2.3.1 Savings Sharing. If the sum of the actual Cost of the Work and Design-Builder's Fee (and, if applicable, any prices established under Paragraph 6.2 of the Agreement)is less than the GMP, as such GMP may have been adjusted over the course of the Project,the difference ("Savings") shall be shared as follows: Forty percent(40%) to Design-Builder and Sixty percent(60%) to Owner. The Design Builder shared savings shall not exceed Thirty Thousand 030.000.001. 2.3.2 Savings Calculation. Savings shall be calculated and paid as part of Final Payment under Section 7.4 of the Agreement, with the understanding that to the extent Design-Builder incurs costs after Final Completion which would have been payable to Design-Builder as a Cost of the Work,Design- Builder shall be entitled to payment from Owner for that portion of such costs that were distributed to Owner as Savings. 2.4 Basis. Documents used as a basis for the GMP shall be identified in a mutually agreed revision to this Attachment. 3.0 Fixed Contract Price 3.1 If the parties initially agree that the Phase 2 Services shall be performed on the basis of a Fixed Contract Price, then the Design-Builder shall develop the proposed Contract Price on an "open book"basis and present it to Owner for review and approval. 3.2 Once the Fixed Contract Price is agreed, then this Agreement shall be amended to establish the Fixed Contract Price as the basis for the performance of the Phase 2 Services. 4.0 Cost Reimbursable plus Design-Builder's Fee 4.1 If the parties agree that the Phase 2 Services shall be performed on a Cost Reimbursable basis plus a Fixed Design-Builder's Fee,then the Design-Builder shall develop an estimated Contract Price on an "open book"basis and present it to Owner for review and approval. 4.2 The cost-reimbursable elements of the Work shall be those set forth in Section 4.4 ("Cost of the Work"). 4.3 Design-Builder's Fee shall be: WDBC Document No. W-1703-2013 Page B-3 Attachment B-Compensation Pa�ffi�-30 of 1055 PROGRESSIVE DESIGN/BUILD AGREEMENT FOR RECLAIMED WATER DISTRIBUTION SYSTEM Seven percent(7%) of the Cost of the Work, as adjusted in accordance with Section 2.1.2 above. 4.3.1 Design-Builder's Fee will be adjusted as follows for any changes in the Work - Same as 4.3 above. 4.4 Cost of the Work. The term"Cost of the Work"shall mean costs reasonably incurred by Design-Builder in the proper performance of the Work. The Cost of the Work shall include only the following: 1. Wages of direct employees of Design-Builder performing the Work at the Site or, with Owner's agreement, at locations off the Site,provided, however, that the costs for those employees of Design-Builder performing design services shall be calculated on the basis of prevailing market rates for design professionals performing such services or, if applicable,those rates set forth in an exhibit to this Agreement. 2. Wages or salaries of Design-Builder's supervisory and administrative personnel engaged in the performance of the Work and who are located at the Site or working off-Site to assist in the production or transportation of material and equipment necessary for the Work. 3. Wages or salaries of Design-Builder's personnel stationed at Design-Builder's principal or branch offices and performing design and Project administration functions. However such costs shall be excluded from fee as listed in Section 4.3 above. 4. Costs incurred by Design-Builder for employee benefits, premiums, taxes, insurance, contributions and assessments required by law, collective bargaining agreements,or which are customarily paid by Design-Builder, to the extent such costs are based on wages and salaries paid to employees of Design-Builder covered under Paragraphs 2.2.1 through 2.2.3 hereof. 5. The reasonable portion of the cost of travel, accommodations and meals for Design- Builder's personnel necessarily and directly incurred in connection with the performance of the Work. 6. Payments properly made by Design-Builder to Subcontractors and Design Consultants for performance of portions of the Work,including any insurance and bond premiums incurred by Subcontractors and Design Consultants. 7. Costs incurred by Design-Builder in repairing or correcting defective, damaged or nonconforming Work,provided that such defective,damaged or nonconforming Work was beyond the reasonable control of Design-Builder, or caused by the ordinary mistakes or inadvertence, and not the negligence, of Design-Builder or those working by or through Design-Builder. If the costs associated with such defective, damaged or nonconforming Work are recoverable from insurance, Design-Builder shall use its best efforts to obtain recovery from the appropriate source and credit Owner if recovery is obtained. 8. Costs, including transportation, inspection, testing, storage and handling, of materials, equipment and supplies incorporated or reasonably used in completing the Work. 9. Costs less salvage value of materials, supplies, temporary facilities, machinery, vehicles, equipment and hand tools not customarily owned by the workers that are not fully consumed in the performance of the Work and which remain the property of Design- Builder, including the costs of transporting, inspecting, testing, handling, installing, maintaining, dismantling and removing such items. 10. Costs of removal of debris and waste from the Site. WDBC Document No. W-1703-2013 Page B-4 Attachment B-Compensation Pa�ffi�-31 of 1055 PROGRESSIVE DESIGN/BUILD AGREEMENT FOR RECLAIMED WATER DISTRIBUTION SYSTEM 11. The reasonable costs and expenses incurred in establishing,operating and demobilizing the Site office, including the cost of facsimile transmissions, long-distance telephone calls, postage and express delivery charges, telephone service, photocopying and reasonable petty cash expenses. 12. Rental charges and the costs of transportation,installation,minor repairs and replacements, dismantling and removal of temporary facilities,machinery, equipment and hand tools not customarily owned by the workers, which are provided by Design-Builder at the Site, whether rented from Design-Builder or others, and incurred in the performance of the Work. 13. Premiums for insurance and bonds required by this Agreement or the performance of the Work,however such costs shall be excluded from fee as listed in Section 4.3 above. 14. All fuel and utility costs incurred in the performance of the Work. 15. Sales,use or similar taxes, tariffs or duties incurred in the performance of the Work. 16. Legal costs, court costs and costs of mediation and arbitration reasonably arising from Design-Builder's performance of the Work,provided such costs do not arise from disputes between Owner and Design-Builder. 17. Costs for permits,royalties, licenses,tests and inspections incurred by Design-Builder as a requirement of the Contract Documents. 18. The cost of defending suits or claims for infringement of patent rights arising from the use of a particular design, process, or product required by Owner, paying legal judgments against Design-Builder resulting from such suits or claims, and paying settlements made with Owner's consent. 19. Deposits which are lost, except to the extent caused by Design-Builder's negligence. 20. Costs incurred in preventing damage, injury or loss in case of an emergency affecting the safety of persons and property. 21. Other costs reasonably and properly incurred in the performance of the Work to the extent approved in writing by Owner. 4.5 Non-Reimbursable Costs The following shall be excluded from the Cost of the Work: 1. Compensation for Design-Builder's personnel stationed at Design-Builder's principal or branch offices, except as provided for in Paragraphs 4.4.1, 4.4.2 and 4.4.3, hereof. 2. Overhead and general expenses, except as provided for in Section 4.4.2 hereof, or which may be recoverable for changes to the Work. 3. The cost of Design-Builder's capital used in the performance of the Work. 4.6 Contract Price The Contract Price shall be the sum of the Design-Builder's Fee under Section 4.3 plus the amount agreed between Owner and Design-Builder for the Cost of the Work under Section 4.4. When agreed, the Contract Price is stated to be: Dollars ($ ). 4.7 Establishment of Guaranteed Maximum Price see Attachment G- Special Conditions 17. WDBC Document No. W-1703-2013 Page B-5 Attachment B-Compensation Pa�ffi�-32 of 1055 PROGRESSIVE DESIGN/BUILD AGREEMENT FOR RECLAIMED WATER DISTRIBUTION SYSTEM ATTACHMENT C SCHEDULE SECTION 1 PHASE 1 1.0 The schedule provided as part of the proposal dated August 13, 2020 by the Design-Builder for the Phase 1 Services shall be adhered to following issuance of Notice to Proceed by the Owner. SECTION 1 PHASE 2 1.0 Phase 2 Schedule will be included with the GMP deliverable package. WDBC Document No. W-1704-2013 Page C-1 Attachment C—Schedule 8/20/20 Page 333 of 1055 PROGRESSIVE DESIGN/BUILD AGREEMENT FOR RECLAIMED WATER DISTRIBUTION SYSTEM ATTACHMENT D GENERAL CONDITIONS GC 1.0 General 1.1 Mutual Obligations 1.1.1 Owner and Design-Builder agree to cooperate fully with each other at all time,to permit each party to realize the benefits afforded under the Contract Documents. 1.1.2 These General Conditions("GC")may be supplemented,varied,or revised through Supplementary Conditions ("SC"), as attached. 1.2 Basic Definitions 1.2.1 Agreement refers to the executed contract between Owner and Design-Builder with respect to the Project 1.2.2 Bonus Date has the meaning given in Section 5.5 of the Agreement. 1.2.3 Change in Law has the meaning given in GC 8.1.2. 1.2.4 Changed Condition has the meaning given in GC 8.1. 1.2.5 Change Order has the meaning given in GC 7.1. 1.2.6 Construction Warranty has the meaning given in GC 2.9. 1.2.7 Construction Warranty Period is that period specified in GC 2.10.1. 1.2.8 Contract Documents has the meaning given in Section 2.1 of the Agreement. 1.2.9 Contract Price has the meaning given in Section 6.2 of the Agreement and Section 2, Phase 2, of Attachment B, Compensation. 1.2.10 Contract Time(s) shall mean the times for performance of the Work by Design-Builder and the delivery of items and approvals by Owner set forth in Article 5("Contract Time")of the Agreement and Attachment C, Schedule. 1.2.11 Day or Days shall mean calendar days unless otherwise specifically noted in the Contract Documents. 1.2.12 Design Build Fee shall mean the percentage as set forth in Attachment B 4.3 of this contract. 1.2.13 Design Consultant, if any, is a qualified, licensed design professional who is not an employee of Design-Builder, but is retained by Design-Builder, or employed or retained by anyone under contract with Design-Builder or Subcontractor, to furnish design services required under the Contract Documents. WDBC Document No. W-1705-2013 Page D-1 Attachment D—General Conditions 8/20/20 Page 334 of 1055 PROGRESSIVE DESIGN/BUILD AGREEMENT FOR RECLAIMED WATER DISTRIBUTION SYSTEM 1.2.14 Design Criteria means those documents which define the Owner's criteria for the scope, quality, and function of the proposed facility, and which may be expanded to outline Owner's project cost limitations and schedule requirements. 1.2.15 Differing Site Conditions has the meaning given in GC 4.2.1. 1.2.16 Early Completion Bonus has the meaning given in Section 5.5 of the Agreement. 1.2.17 Electronic Data has the meaning given in GC 11.1.1. 1.2.18 Extended Performance Warranty is Design-Builder's warranty under GC 2.11.2 that the completed Facility shall be capable of meeting the Performance Standards in Attachment F throughout the Performance Warranty Period. 1.2.19 Project is the physical facility to be designed and constructed for Owner as defined by the scope and contract documents. 1.2.20 Project Performance Criteria means the Owner's criteria for the performance of the project as described in Attachment H Phase I Design Development. 1.2.21 Final Acceptance of the Project shall be deemed to have occurred upon final payment pursuant to GC 5.8. 1.2.22 General Conditions refer to this Attachment D, General Conditions. 1.2.23 Hazardous Conditions are any materials, wastes, substances and chemicals deemed hazardous under applicable Legal Requirements, or which handling, storage, remediation, or disposal applicable Legal Requirements regulate. 1.2.24 Hazardous Materials has the meaning given in Section 2.3 of Attachment A, Scope of Work. 1.2.25 Indemnified Parties, with respect to Work Product, has the meaning given in Section 9.1 of the Agreement. 1.2.26 Legal Requirements are all federal,state and local laws,codes,ordinances,rules,regulations,orders and decrees of any government or quasi-government entity having jurisdiction over the Project or Site, the practices involved in the Project or Site, or any Work which are applicable as of the date of Design-Builder's proposal to Owner, and, subject to the Change in Law provisions of GC8 1.2, which become applicable during the Contract Time. 1.2.27 Liquidated Damages means such damages as maybe assessed under Section 5.4 of the Agreement. 1.2.28 Liquidated Damages Date has the meaning given in Section 5.4 of the Agreement. 1.2.29 Manuals means the Commissioning and Startup Manual and the Operations and Maintenance Manual and such other manuals as the parties may agree to be provided. 1.2.30 Open Book Pricing-The method in which the design-build firm provides the Owner, at the Owner's request, all books, records, documents, contracts, subcontracts, purchase orders, and other data in its possession pertaining to the bidding, pricing, or performance of a contract for design-build services awarded to the design-build firm with the exception of proprietary information. WDBC Document No. W-1705-2013 Page D-2 Attachment D—General Conditions 8/20/20 Page 335 of 1055 PROGRESSIVE DESIGN/BUILD AGREEMENT FOR RECLAIMED WATER DISTRIBUTION SYSTEM 1.2.31 Owner's Program means the overall definition of Owner's requirements for the Project, including Owner's Project Criteria,all materials, equipment and other items to be provided by Owner,and all items to be provided by third parties. 1.2.32 Owner's Project Criteria are developed by or for Owner to describe Owner's Program requirements and objectives for the Project,including use,space,price,time,site and expandability requirements, as well as submittal requirements and other requirements governing Design-Builder's performance of the Work. Owner's Project Criteria may include conceptual documents,Design Criteria, Facility Performance Criteria, performance test, wage rate requirements, MBE/WBE requirements, and other Project-specific technical materials and requirements. 1.2.33 Owner's Representative means the individual selected and authorized by Owner to act upon Owner's behalf with respect to Design-Builder and the performance of this Agreement, in accordance with GC 3.4, and identified by Owner in writing within ten (10) days of execution of this Agreement. 1.2.34 Performance Warranty has the meaning given in GC 2.11. 1.2.35 Project is the design and construction of the Owner's Facility, including start-up, testing and the provision of manuals, warranties, as-built drawings and specifications, spare parts, and all other items required to be provided under this Agreement. 1.2.36 Schedule means that Schedule for the performance of the Work in accordance with the Contract Time(s) set forth in Attachment C, Schedule, as revised from time to time. 1.2.37 Site is the land or premises on which the Project is located, including any separate laydown or storage areas. 1.2.38 Subcontractor is any person or entity retained by Design-Builder as an independent contractor to perform a portion of the Work and shall include materialmen and suppliers. 1.2.39 Sub-Subcontractor is any person or entity retained by a Subcontractor as an independent contractor to perform any portion of a Subcontractor's Work and shall include materialmen and suppliers. 1.2.40 Substantial Completion is the date on which the Work, or an agreed upon portion of the Work, is sufficiently complete so that Owner can occupy and use the Project or a portion thereof for its intended purposes. 1.2.41 Certificate of Substantial Completion is that Certificate issued by Owner to Design-Builder pursuant to GC 5.7.1. 1.2.42 Uncontrollable Circumstances are those acts, omissions, conditions, events, or circumstances beyond the control of Design-Builder and due to no fault of its own or those for whom Design- Builder is responsible. By way of example (and not limitation), Uncontrollable Circumstances include acts or omissions of Owner or anyone under Owner's control (including separate contractors), changes in the Work, Differing Site Conditions, Hazardous Conditions, wars, floods, labor disputes,unusual delay in transportation, epidemics, earthquakes, adverse weather conditions not reasonably anticipated, and other circumstances beyond the reasonable control of the party affected. WDBC Document No. W-1705-2013 Page D-3 Attachment D—General Conditions 8/20/20 Page 336 of 1055 PROGRESSIVE DESIGN/BUILD AGREEMENT FOR RECLAIMED WATER DISTRIBUTION SYSTEM 1.2.43 Work is comprised of all Design-Builder's design, construction, start-up, testing, warranty, and other services required to by the Contract Documents, including procuring and furnishing all materials, equipment, services and labor reasonably inferable from the Contract Documents, plus manuals and documentation required by the Contract Documents. GC 2.0 Design-Builder's Services and Responsibilities 2.1 General Services 2.1.1 Design-Builder's Representative shall be reasonably available to Owner and shall have the necessary expertise and experience required to supervise the Work. Design-Builder's Representative shall communicate regularly with Owner and shall be vested with the authority to act on behalf of Design-Builder. Design-Builder's Representative may be replaced only with the mutual agreement of Owner and Design-Builder. 2.1.2 Design-Builder shall provide Owner on a monthly basis a status report detailing the progress of the Work, including whether (i) the Work is proceeding according to schedule, (ii) discrepancies, conflicts, or ambiguities exist in the Contract Documents that require resolution, (iii) health and safety issues exist in connection with the Work, (iv) other items require resolution so as not to jeopardize Design-Builder's ability to complete the Work for the Contract Price and within the Contract Time(s), and(v) such other items as Owner may reasonably require. 2.1.3 Design-Builder shall prepare and submit, at least three (3) days prior to the meeting contemplated by GC 2.1.4,a preliminary schedule for the execution of the Work for Owner's review and response. The schedule shall indicate the dates for the start and completion of the various stages of Work, including the dates when Owner information and approvals are required to enable Design-Builder to achieve the Contract Time(s). When agreed between the parties, such schedule shall be attached hereto as Attachment C, Schedule. The Schedule shall be revised as required by conditions and progress of the Work, but such revisions shall not relieve Design-Builder of its obligations to complete the Work within the Contract Time(s), as such,dates may be adjusted in accordance with the Contract Documents. Owner's review of and response to the Schedule shall not be construed as relieving Design-Builder of its complete and exclusive control over the means,methods, sequences and techniques for executing the Work. 2.1.4 The parties will meet, within seven (7) days after execution of the Agreement, to discuss issues affecting the administration of the Work and to implement the necessary procedures, including those relating to submittals,review and approval tum-around times contained in the Schedule,and payment, to facilitate the ability of the parties to perform their obligations under the Contract Documents. 2.1.5 At the completion of Phase 1 Services,the parties may agree upon a revised Schedule to reflect the intended scope of Phase 2 Services and as the basis for the Contract Price to be agreed for the Phase 2 services. 2.2 Design Professional Services 2.2.1 Design-Builder shall, consistent with applicable state licensing laws, provide through qualified, licensed design professionals employed by Design-Builder, or procured from a qualified, independent licensed Design Consultant, the necessary design services, including architectural, engineering and other design professional services, for the preparation of the required drawings, WDBC Document No. W-1705-2013 Page D-4 Attachment D—General Conditions 8/20/20 Page 337 of 1055 PROGRESSIVE DESIGN/BUILD AGREEMENT FOR RECLAIMED WATER DISTRIBUTION SYSTEM specifications and other design submittals to permit Design-Builder to complete the Work consistent with the Contract Documents.Nothing in the Contract Documents is intended or deemed to create any legal or contractual relationship between Owner and any independent Design Consultant.Construction engineering and inspection associated with the construction of this portion on the projects will be required. 2.3 Standard of Care for Design Professional Services 2.3.1 The standard of care for all design professional services performed to execute the Work shall be the care and skill ordinarily used by members of the design profession practicing under similar conditions at the same time and locality of the Project.Design-Builder,its Design Consultants, and its Subcontractors may reasonably rely on the accuracy and completeness of Owner's Project Criteria. 2.4 Design Development Services 2.4.1 Design-Builder and Owner shall, consistent with any applicable provision of the Contract Documents, agree upon any interim design submissions that Owner may wish to review, which interim design submissions may include design criteria, drawings, diagrams and specifications setting forth the Project requirements. Such agreement may specify the percentage completion of the design documents to be submitted for such review and comment. On or about the time of the scheduled submissions, Design-Builder and Owner shall meet and confer about the submissions, with Design-Builder identifying during such meetings, among other things, the evolution of the design and any significant changes or deviations from the Contract Documents, or, if applicable, previously submitted design submissions. Minutes of the meetings will be maintained by Design- Builder and provided to all attendees for review.Following the design review meeting,Owner shall review and comment on the interim design submissions in a time frame that is consistent with the turnaround times set forth in the Schedule. 2.4.2 Design-Builder shall submit to Owner Construction Documents setting forth in detail drawings and specifications describing the requirements for construction of the Work. The Construction Documents shall be consistent with the latest set of interim design submissions; as such, submissions may have been modified in a design review meeting. The parties shall have a design review meeting to discuss, and Owner shall review and may comment on the Construction Documents in accordance with the procedures set forth GC 2.4.1. Design-Builder shall proceed with construction in accordance with the approved Construction Documents and shall submit one set of approved Construction Documents to Owner prior to commencement of construction. 2.4.3 Owner's review and approval of interim design submissions and the Construction Documents is for mutually establishing a conformed set of Contract Documents compatible with the requirements of the Work. Neither Owner's review nor approval of any interim design submissions and Construction Documents shall be deemed to transfer any design liability from Design-Builder to Owner. 2.4.4 To the extent not prohibited by the Contract Documents or Legal Requirements, Design-Builder may prepare interim design submissions and Construction Documents for a portion of the Work to permit construction to proceed on that portion of the Work prior to completion of the Construction Documents for the entire Work. WDBC Document No. W-1705-2013 Page D-5 Attachment D—General Conditions 8/20/20 Page 338 of 1055 PROGRESSIVE DESIGN/BUILD AGREEMENT FOR RECLAIMED WATER DISTRIBUTION SYSTEM 2.5 Legal Requirements 2.5.1 Design-Builder shall perform the Work in accordance with all Legal Requirements and shall provide all notices applicable to the Work as required by the Legal Requirements. 2.5.2 The Contract Price and/or Contract Time(s)shall be adjusted to compensate Design-Builder for the effects of any changes in the Legal Requirements enacted after the date of the Agreement affecting the performance of the Work. Such effects may include, without limitation, revisions Design- Builder is required to make to the Construction Documents because of changes in Legal Requirements. 2.6 Government Approvals and Permits 2.6.1 Except as identified in Attachment F, Owner's Permit List,Design-Builder shall obtain and pay for all necessary permits, approvals, licenses, government charges and inspection fees required for the prosecution of the Work by any government or quasi-government entity having jurisdiction over the Project. 2.6.2 Design-Builder shall provide reasonable assistance to Owner in obtaining those permits,approvals and licenses that are Owner's responsibility. 2.7 Design-Builder's Phase 2 Construction Services 2.7.1 Unless otherwise provided in the Contract Documents to be the responsibility of Owner or a separate contractor, Design-Builder shall provide through itself or Subcontractors the necessary supervision,labor,inspection,testing,start-up,material, equipment,machinery,temporary utilities and other temporary facilities to permit Design-Builder to complete construction of the Project consistent with the Contract Documents. 2.7.2 Design-Builder shall perform all construction activities efficiently and with the requisite skill and exercise complete and exclusive control over the means, methods, sequences and techniques of construction. 2.7.3 Design-Builder shall employ only Subcontractors who are duly licensed and qualified to perform the Work consistent with the Contract Documents. Owner may reasonably object to Design- Builder's selection of any Subcontractor, provided that the Contract Price and/or Contract Time(s) shall be adjusted to the extent that Owner's decision impacts Design-Builder's cost and/or time of performance. 2.7.4 Design-Builder assumes responsibility to Owner for the proper performance of the Work of Subcontractors and any acts, errors or omissions in connection with such performance.Nothing in the Contract Documents is intended or deemed to create any legal or contractual relationship between Owner and any Subcontractor or Sub-Subcontractor,including but not limited to any third- parry beneficiary rights. 2.7.5 Design-Builder shall coordinate the activities of all Subcontractors. 2.7.6 If Owner performs other work on the Project or at the Site with separate contractors under Owner's control, Design-Builder agrees to reasonably cooperate and coordinate its activities with those of WDBC Document No. W-1705-2013 Page D-6 Attachment D—General Conditions 8/20/20 Page 339 of 1055 PROGRESSIVE DESIGN/BUILD AGREEMENT FOR RECLAIMED WATER DISTRIBUTION SYSTEM such separate contractors so that the Project can be completed in an orderly and coordinated manner without unreasonable disruption. Unreasonable disruption or interference by Owner's separate contractors may result in a request for a Contract Adjustment under GC 8.1.3. 2.7.7 Design-Builder shall keep the Site reasonably free from debris, trash and construction wastes to permit Design-Builder to perform its construction services efficiently, safely and without interfering with the use of adjacent land areas. 2.7.8 Upon Substantial Completion of the Work, or a portion of the Work, Design-Builder shall remove all debris, trash, construction wastes, materials, equipment, machinery and tools arising from the Work or applicable portions thereof to permit Owner to occupy the Project or a portion of the Project for its intended use. Such partial occupancy or use may commence whether or not the portion is substantially complete,provided the Owner and Contractor have accepted in writing the responsibilities assigned to each of them for payments, retainage, if any, security, maintenance, heat,utilities,damage to the Work and insurance, and have agreed in writing concerning the period for correction of the Work and commencement of warranties required by the Contract Documents. 2.8 Design-Builder's Responsibility for Project Safety 2.8.1 Design-Builder recognizes the importance of performing the Work in a safe manner so as to prevent damage, injury or loss to (i) all individuals at the Site,whether working or visiting, (ii) the Work, including materials and equipment incorporated into the Work or stored on-Site or off-Site, and (iii) all other property at the Site or adjacent thereto. Design-Builder assumes responsibility for implementing and monitoring all safety precautions and programs related to the performance of the Work. Design-Builder shall, prior to commencing construction, designate a Safety Representative with the necessary qualifications and experience to supervise the implementation and monitoring of all safety precautions and programs related to the Work, and shall develop a Project Safety Program, which shall be implemented at the Project Site during the performance of the Work. Unless otherwise required by the Contract Documents, Design-Builder's Safety Representative shall be an individual stationed at the Site who may have responsibilities on the Project other than safety. The Safety Representative shall make routine daily inspections of the Site and shall hold weekly safety meetings with Design-Builder's personnel, Subcontractors and others as applicable. 2.8.2 Design-Builder and Subcontractors shall comply with all Legal Requirements relating to safety, as well as any Owner-specific safety requirements set forth in the Contract Documents and incorporated into the Project Safety Program, provided that such Owner-specific requirements do not violate any applicable Legal Requirement. Design-Builder will immediately report in writing any safety-related injury,loss,damage or accident arising from the Work to Owner's Representative and, to the extent mandated by Legal Requirements, to all government or quasigovernment authorities having jurisdiction over safety-related matters involving the Project or the Work. 2.8.3 Design-Builder's responsibility for safety under this GC 2.8 is not intended in any way to relieve Subcontractors and Sub-Subcontractors of their own contractual and legal obligations and responsibility for(i) complying with all Legal Requirements,including those related to health and safety matters, and (ii) taking all necessary measures to implement and monitor all safety precautions and programs to guard against injury,losses,damages or accidents resulting from their performance of the Work. 2.8.4 Owner shall require that its officers, employees,guests,visitors, and other contractors entering the Project Site comply with the Project Safety Program then in effect. WDBC Document No. W-1705-2013 Page D-7 Attachment D—General Conditions 8/20/20 Page 340 of 1055 PROGRESSIVE DESIGN/BUILD AGREEMENT FOR RECLAIMED WATER DISTRIBUTION SYSTEM 2.9 Construction Warranty 2.9.1 Design-Builder warrants to Owner that the construction, including all materials and equipment furnished as part of the construction, shall be new unless otherwise specified in the Contract Documents, of good quality, in conformance with the Contract Documents and free of defects in materials and workmanship. Design-Builder's warranty obligation excludes defects caused by abuse, alterations, or failure to maintain the Work by persons other than Design-Builder or anyone for whose acts Design-Builder may be liable. 2.9.2 Nothing in this warranty is intended to limit any manufacturer's warranty which provides Owner with greater warranty rights than set forth in this GC 2.9 or the Contract Documents. Design- Builder will provide Owner with all manufacturers'warranties upon Substantial Completion. 2.10 Correction of Defective Work 2.10.1 Construction Warranty Period. Design-Builder agrees to correct any Work that is found not to be in conformance with the Contract Documents, including that part of the Work subject to GC2.9, within a period of one (1)year from the date of Final Completion of the Work or any portion of the Work, or within such longer period to the extent required by the Contract Documents. 2.10.2 Correction of Non-Conforming Work. Design-Builder shall, within seven (7) days of receipt of written notice from Owner that the Work is not in conformance with the Contract Documents, take meaningful steps to commence correction of such nonconforming Work, including the correction, removal or replacement of the nonconforming Work and any damage caused to other parts of the Work affected by the nonconforming Work. If Design-Builder fails to commence the necessary steps within such seven (7) day period, Owner may, in addition to any other remedies provided under the Contract Documents provide Design-Builder with written notice that Owner will commence correction of such nonconforming Work with its own forces. If Owner does perform such corrective Work, Design-Builder shall be responsible for all reasonable costs incurred by Owner in performing such correction. If the nonconforming Work creates an emergency requiring an immediate response, the seven(7)day periods identified herein shall be deemed inapplicable. 2.10.3 The one (1) year period referenced in GC 2.1 0.1 applies only to Design-Builder's obligation to correct nonconforming Work and is not intended to constitute a period of limitations for any other rights or remedies Owner may have regarding Design-Builder's other obligations under the Contract Documents. GC 3.0 Owner's Services and Responsibilities 3.1 Duty to Cooperate 3.1.1 Owner shall,throughout the performance of the Work, cooperate with Design-Builder and perform its responsibilities,obligations and services in a timely manner to facilitate Design-Builder's timely and efficient performance of the Work and so as not to delay or interfere with Design-Builder's performance of its obligations under the Contract Documents. 3.1.2 Owner shall provide reviews and approvals of interim design submissions and Construction Documents consistent with the tum-around times set forth in the Schedule. Owner's review does WDBC Document No. W-1705-2013 Page D-8 Attachment D—General Conditions 8/20/20 Page 341 of 1055 PROGRESSIVE DESIGN/BUILD AGREEMENT FOR RECLAIMED WATER DISTRIBUTION SYSTEM not constitute acceptance of design errors or omissions,nor transfer design liability to Owner for the same. 3.2 Furnishing of Services and Information 3.2.1 Unless expressly stated to the contrary in the Contract Documents, Owner shall provide, at its own cost and expense, for Design-Builder's information and use the following, all of which Design-Builder is entitled to rely upon in performing the Work: 1. Surveys describing the property boundaries, topography and reference points for use during construction,including existing service and utility lines. 2. Geotechnical studies describing subsurface conditions, and other surveys describing other latent or concealed physical conditions at the Site. 3. Temporary and permanent easements, zoning and other requirements and encumbrances affecting land use, or necessary to permit the proper design and construction of the Project, access to the Site and any off-site storage or lay-down areas, and to enable Design-Builder to perform the Work. 4. A legal description of the Site. 5. To the extent available, as-built and record drawings of any existing structures and utilities at the Site; and 6. To the extent available, environmental studies, reports and impact statements describing the environmental conditions, including Hazardous Conditions, in existence at the Site. 3.2.2 Owner is responsible for securing and executing all necessary agreement with adjacent land or property owners that are necessary to enable Design-Builder to perform the Work.Owner is further responsible for all costs,including attorneys'fees,incurred in securing these necessary agreements. 3.3 Financial Information 3.3.1 Design-Builder shall cooperate with the reasonable requirements of Owner's lenders or other financial sources. 3.3.2 Notwithstanding the preceding sentence, after execution of the Agreement Design-Builder shall have no obligation to execute for Owner or Owner's lenders or other financial sources any documents or agreements that require Design-Builder to assume obligations or responsibilities greater than those existing obligations Design-Builder has under the Contract Documents. 3.3.3 Design-Builder shall not be required as a condition of award or contract to waive or subordinate its mechanic's lien rights,if any, to Owner's construction lender(s). 3.4 Owner's Representative 3.4.1 Owner's Representative shall be responsible for providing Owner-supplied information and approvals in a timely manner to permit Design-Builder to fulfill its obligations under the Contract Documents. Owner's Representative shall also provide Design-Builder with prompt notice if it observes any failure on the part of Design-Builder to fulfill its contractual obligations, including any errors, omissions or defects in the performance of the Work. WDBC Document No. W-1705-2013 Page D-9 Attachment D—General Conditions 8/20/20 Page 342 of 1055 PROGRESSIVE DESIGN/BUILD AGREEMENT FOR RECLAIMED WATER DISTRIBUTION SYSTEM 3.4.2 If Owner retains a third party as Owner's Engineer or Owner's Program Manager, separately from Owner's Representative, then Owner shall designate such third party in writing to Design-Builder, together with a statement of the respective roles, responsibility, and authority of each such parry with respect to the administration of the contract, the approval of drawings and specifications, the issuance of instructions and change orders, the resolution of disputes, and the relative priority of the authority of such parties. 3.5 Government Approvals and Permits 3.5.1 Owner shall obtain and pay for all necessary permits, approvals, licenses, government charges and inspection fees set forth in the Owner's Permit List attached as part of Attachment F, 3.5.2 Owner shall provide reasonable assistance to Design-Builder in obtaining those permits, approvals and licenses that are Design-Builder's responsibility. 3.6 Owner's Separate Contractors 3.6.1 Owner is responsible for all work performed on the Project or at the Site by separate contractors under separate agreements with Owner. Owner shall contractually require its separate contractors to cooperate with, and coordinate their activities so as not to interfere with,Design-Builder in order to enable Design-Builder to timely complete the Work consistent with the Contract Documents. 3.6.2 Owner recognizes the importance that all work performed on the Project or at the Site by separate contractors under separate agreements with Owner is performed in a safe manner so as to prevent damage, injury or loss to (i) all individuals at the Site,whether working or visiting, (ii) the Work, including materials and equipment incorporated into the Work or stored on-Site or off-Site, and (iii) all other property at the Site or adjacent thereto. Owner shall require such separate contractors to assume responsibility for implementing and monitoring all safety precautions and programs related to the performance of their work. GC 4.0 Hazardous Conditions and Differing Site Conditions 4.1 Hazardous Conditions 4.1.1 Unless otherwise expressly provided in the Contract Documents to be part of the Work, Design- Builder is not responsible for any Hazardous Conditions encountered at the Site.Upon encountering any Hazardous Conditions, Design-Builder will stop Work immediately in the affected area and duly notify Owner and, if required by Legal Requirements, all government or quasi-government entities with jurisdiction over the Project or Site. 4.1.2 Upon receiving notice of the presence of suspected Hazardous Conditions, Owner shall take the necessary measures required to ensure that the Hazardous Conditions are remediated or rendered harmless. Such necessary measures shall include Owner retaining qualified independent experts to (i) ascertain whether Hazardous Conditions have actually been encountered, and,if they have been encountered, (ii) prescribe the remedial measures that Owner must take to either remove the Hazardous Conditions or render the Hazardous Conditions harmless. 4.1.3 Design-Builder shall be obligated to resume Work at the affected area of the Project only after Owner's expert provides it with written certification that (i) the Hazardous Conditions have been WDBC Document No. W-1705-2013 Page D-10 Attachment D—General Conditions 8/20/20 Page 343 of 1055 PROGRESSIVE DESIGN/BUILD AGREEMENT FOR RECLAIMED WATER DISTRIBUTION SYSTEM removed or rendered harmless and(ii) all necessary approvals have been obtained from all government and quasi-government entities having jurisdiction over the Project or Site. 4.1.4 Design-Builder will be entitled, in accordance with these General Conditions, to an equitable adjustment in its Contract Price and/or Contract Time(s)to the extent Design-Builder's cost and/or time of performance have been adversely impacted by the presence of Hazardous Conditions. 4.1.5 To the fullest extent permitted by law, Owner shall defend, indemnity and hold harmless Design Builder,Design Consultants, Subcontractors and Subcontractors, and the agents,officers,directors and employees of each of them, from and against any and all claims, damages, losses, costs and expenses, whether direct, indirect or consequential, including but not limited to attorney's fees, costs and expenses incurred in connection with litigation or arbitration, arising out of or relating to the performance of the Work in any area affected by Hazardous Material. To the fullest extent permitted by law, such indemnification shall apply regardless of the fault, negligence, breach of warranty or contract, or strict liability of the indemnitee. 4.1.6 Notwithstanding the preceding provisions of this GC 4.1, Owner is not responsible for Hazardous Conditions introduced to the Site by Design-Builder,Design Consultants, Subcontractors or anyone for whose acts they may be liable. Design-Builder shall indemnify, defend and hold harmless Owner and Owner's officers, directors, employees and agents from and against all claims, losses, damages,liabilities and expenses,including attorneys'fees and expenses,arising out of or resulting from those Hazardous Conditions introduced to the Site by the parties identified in the first sentence of this GC 4.1.6. 4.1.7 The terms of this GC 4.1 shall survive the completion of the Work under this Agreement and/or any termination of this Agreement. 4.2 Differing Site Conditions 4.2.1 Concealed or latent physical conditions or subsurface conditions at the Site that(i)materially differ from the conditions indicated in the Contract Documents or (ii) are of an unusual nature, or (iii) differing materially from the conditions ordinarily encountered and generally recognized as inherent in the Work, are collectively referred to herein as "Differing Site Conditions." If Design- Builder encounters a Differing Site Condition, Design-Builder will be entitled to an equitable adjustment in the Contract Price and/or Contract Time(s)to the extent Design-Builder's cost and/or time of performance are adversely impacted by the Differing Site Condition. 4.2.2 Upon encountering a Differing Site condition, Design-Builder shall provide prompt written notice to Owner of such condition,which notice shall not be later than seven(7) days after such condition has been encountered. Design-Builder shall, to the extent reasonably possible, provide suchnotice before the Differing Site Condition has been substantially disturbed or altered. 5.0 Payment 5.1 Payment for Phase 1 Services 5.1.1 Design-Builder will submit an Application for Payment to Owner each month covering Phase I services performed to date. Each Application for Payment will be prepared in the standard form agreed to by the parties and supported by required documentation. WDBC Document No. W-1705-2013 Page D-11 Attachment D—General Conditions 8/20/20 Page 344 of 1055 PROGRESSIVE DESIGN/BUILD AGREEMENT FOR RECLAIMED WATER DISTRIBUTION SYSTEM 5.2 Schedule of Values for Phase 2 Services 5.2.1 Within ten(10)days of the Commencement Date, Design-Builder shall submit for Owner's review and approval a schedule of values for Phase 2 of the Work. The Schedule of Values will (i) subdivide the Work into its respective parts; (ii) include values for all items comprising the Work and(iii) serve as the basis for monthly progress payments made to Design-Builder throughout the Work. 5.3 Monthly Progress Payments 5.3.1 On or before the date established in the Agreement,Design-Builder shall submit for Owner's review and approval its Application for Payment requesting payment for all Work performed as of the date of the Application for Payment. The Application for Payment shall be accompanied by all supporting documentation required by the Contract Documents and/or established at the meeting required by GC 2.1.4. 5.3.2 The Application for Payment may request payment for equipment and materials not yet incorporated into the Project,provided that(i) Owner is satisfied that the equipment and materials are suitably stored at either the Site or another acceptable location, (ii)the equipment and materials are protected by suitable insurance and (iii) upon payment, Owner will receive the equipment and materials free and clear of all liens and encumbrances. 5.3.3 The Application for Payment shall constitute Design-Builder's representation that the Work has been performed consistent with the Contract Documents, has progressed to the point indicated in the Application for Payment, and that title to all Work will pass to Owner free and clear of all claims, liens, encumbrances, and security interests upon the incorporation of the Work into the Project, or upon Design-Builder's receipt of payment,whichever occurs earlier. 5.4 Withholding of Payments; Payment of Undisputed Amounts 5.4.1 On or before the date established in the Agreement, Owner shall pay Design-Builder all amounts properly due, including the release of retention under Section 7.3.1 of the Agreement. If Owner determines that Design-Builder is not entitled to all or part of an Application for Payment, it will notify Design-Builder in writing at least five (5) days prior to the date payment is due. The notice shall indicate the specific amounts Owner intends to withhold,the reasons and contractual basis for the withholding, and the specific measures Design-Builder must take to rectify Owner's concerns. Design-Builder and Owner will attempt to resolve Owner's concerns prior to the date payment is due. If the parties cannot resolve such concerns, Design-Builder may pursue its rights under the Contract Documents, including those under GC 8.0. 5.4.2 Notwithstanding anything to the contrary in the Contract Documents, Owner shall pay Design- Builder all undisputed amounts in an Application for Payment within the times required by the Agreement. 5.5 Right to Stop Work and Interest 5.5.1 If Owner fails to pay Design-Builder any amount that becomes due, Design-Builder,in addition to all other remedies provided in the Contract Documents, may stop Work pursuant to GC 9.4. All payments due and unpaid shall bear interest at the rate set forth in Section 7.5 of the Agreement. WDBC Document No. W-1705-2013 Page D-12 Attachment D—General Conditions 8/20/20 Page 345 of 1055 PROGRESSIVE DESIGN/BUILD AGREEMENT FOR RECLAIMED WATER DISTRIBUTION SYSTEM 5.6 Design-Builder's Payment Obligations 5.6.1 Design-Builder will pay any Subcontractors and Design Consultants,in accordance with applicable law and its contractual obligations to such parties, all the amounts Design-Builder has received from Owner on account of their work. Design-Builder will impose similar requirements on Subcontractors and Design Consultants to pay those parties with whom they have contracted. 5.6.2 Providing that Owner is not in breach of its contractual obligation to make payments to Design- Builder for the Work, Design-Builder shall indemnify, defend and hold harmless Owner from any claims or mechanic's liens brought against Owner or against the Project as a result of the failure of Design-Builder, or those for whose acts it is responsible, to pay for any services, materials, labor, equipment, taxes or other items or obligations furnished or incurred for or in connection with the Work.Within ten(10)days of receiving written notice from Owner that such a claim or mechanic's lien has been filed, Design-Builder shall commence to take the steps necessary to discharge said claim or lien, including, if necessary, the furnishing of a mechanic's lien bond. If Design-Builder fails to do so, Owner will have the right to discharge the claim or lien and charge Design-Builder with any costs and expenses incurred,including attorneys'fees. 5.7 Substantial Completion 5.7.1 Design-Builder shall notify Owner when it believes the Work, or to the extent permitted in the Contract Documents, a portion of the Work, is substantially complete. Within five (5) days of Owner's receipt of Design-Builder's notice, Owner and Design-Builder will jointly inspect such Work to verify that it is substantially complete in accordance with the requirements of the Contract Documents. If such Work is substantially complete, Owner shall prepare and issue a Certificate of Substantial Completion that will set forth (i) the date of Substantial Completion of the Work or portion thereof, (ii) the remaining items of Work that have to be completed before final payment, (iii)provisions(to the extent not already provided in the Contract Documents)establishing Owner's and Design-Builder's responsibility for the Project's security, maintenance, utilities and insurance pending final payment, and(iv) an acknowledgment that warranties commence to run on the date of Substantial Completion, except as may otherwise be noted in the Certificate of Substantial Completion. 5.7.2 Upon Substantial Completion of the entire Work or,if applicable, any portion of the Work, Owner shall release to Design-Builder all retained amounts relating, as applicable, to the entire Work or completed portion of the Work, less an amount equal to the reasonable value of all remaining or incomplete items of Work as noted in the Certificate of Substantial Completion. 5.7.3 Owner, at its option, may use a portion to the Work which has been determined to be substantially complete,provided that(i) a Certificate of Substantial Completion has been issued for the portion of Work addressing the items set forth in GC 5.7.1, (ii) Design-Builder and Owner have obtained the consent of their sureties and insurers, and (iii) Owner and Design-Builder, agree that Owner's use or occupancy will not interfere with Design-Builder's completion of the remaining Work. 5.7.4 Upon Substantial Completion, Design-Builder shall conduct performance testing of the Facility using Owner's operations and maintenance staff to demonstrate that the Performance Criteria set forth in Attachment H,Phase I Design Development,have been satisfied and that the Performance Guarantees have been met. WDBC Document No. W-1705-2013 Page D-13 Attachment D—General Conditions 8/20/20 Page 346 of 1055 PROGRESSIVE DESIGN/BUILD AGREEMENT FOR RECLAIMED WATER DISTRIBUTION SYSTEM 5.8 Final Payment 5.8.1 After receipt of a Final Application for Payment from Design-Builder, Owner shall make final payment by the time required in the Agreement,provided that Design-Builder has completed all of the Work in conformance with the Contract Documents. 5.8.2 At the time of submission of its Final Application for Payment, Design-Builder shall provide the following information: I. An affidavit that there are no claims, obligations or liens outstanding or unsatisfied for labor, services,material, equipment,taxes or other items performed, furnished or incurred for or in connection with the Work which will in any way affect Owner's interests; 2. A general release executed by Design-Builder waiving, upon receipt of final payment by Design-Builder, all claims, except those claims previously made in writing to Owner and remaining unsettled at the time of final payment; 3. Consent of Design-Builder's surety,if any, to final payment; 4. A certificate demonstrating that performance testing is complete and that the Performance Guarantees set forth in Attachment F, Owner's Project Criteria, have been met; 5. All operating manuals,warranties and other deliverables required by the Contract Documents; and 6. Certificates of insurance confirming that required coverages will remain in effect consistent with the requirements of the Contract Documents. 5.8.3 Upon making final payment, Owner waives all claims against Design-Builder except claims relating to (i) Design-Builder's failure to satisfy its payment obligations, if such failure affects Owner's interests, (ii) Design-Builder's failure to complete the Work consistent with the Contract Documents,including defects appearing after Substantial Completion, (iii)the terms of any special warranties required by the Contract Documents, and(iv) claims which are identified as unsettled at the time of making final payment. 5.8.4 Final payment by Owner shall constitute Final Acceptance of the Project for all purposes hereunder, subject to Design-Builder's remaining warranty obligations and any remaining indemnity obligations hereunder. 5.8.5 Acceptance of final payment by the Design-Builder, a Subcontractor or material supplier shall constitute a waiver of claims by that payee except those previously made in writing and identified by that payee as unsettled at the time of final Application for Payment. GC 6.0 Time 6.1 Obligation to Achieve the Contract Times 6.1.1 Design-Builder agrees that it will commence performance of the Work and achieve the Contract Time(s)in accordance with Article 5.0 of the Agreement. 6.2 Delays to the Work 6.2.1 If Design-Builder is delayed in the performance of the Work due to Uncontrollable Circumstances, the Contract Time(s) for performance shall be reasonably extended by Change Order, and the Schedule adjusted accordingly. WDBC Document No. W-1705-2013 Page D-14 Attachment D—General Conditions 8/20/20 Page 347 of 1055 PROGRESSIVE DESIGN/BUILD AGREEMENT FOR RECLAIMED WATER DISTRIBUTION SYSTEM 6.2.2 In addition to Design-Builder's right to a time extension for delays in the Work under GC 6.2.1, Design-Builder shall also be entitled to an equitable adjustment of the Contract Price and equitable commutation of any Liquidated Damages under Section 5.4 of the Agreement. 6.3 Work Hours 6.3.1 Work shall be conducted during normal working hours (7:00 AM to 5:00 PM) on weekdays. No work shall be performed on Saturdays, Sundays, or City observed holidays unless otherwise authorized in writing by the Owner's Project Manager a minimum of forty-eight (48) hours in advance. Design-Builder may work beyond 5:00 PM on occasion based on the actual daily progress of the work and per the approved project schedule. Design-Builder shall comply with all requirements and noise ordinances of the City and other jurisdictions where work is taking place. 6.3.2 Construction observation and/or inspection services performed by the Owner beyond the normal weekday working hours of 7:00 AM to 5:00 PM,if needed, shall be paid for by the Design-Builder at an hourly rate of 5100.00 for each of the Owner's inspectors providing such service. This hourly rate shall apply to overtime required by the Owner on weekdays, weekends, and City observed holidays. 7.0 Changes to the Contract Price and Time 7.1 Change Orders 7.1.1 A Change Order is a written instrument issued after execution of the Agreement signed by Owner and Design-Builder, stating their agreement upon all of the following: 1. The scope of the change in the Work; 2. The amount of the adjustment to the Contract Price; and 3. The extent of the adjustment to the Contract Time(s) and Schedule. 7.1.2 All changes in the Work authorized by applicable Change Order shall be performed under the applicable conditions of the Contract Documents. Owner and Design-Builder shall negotiate in good faith and as expeditiously as possible the appropriate adjustments for such changes. 7.1.3 If Owner requests a proposal for a change in the Work from Design-Builder and subsequently elects not to proceed with the change, a Change Order shall be issued to reimburse Design-Builder for reasonable costs incurred for estimating services, design services and services involved in the preparation of proposed revisions to the Contract Documents. 7.2 Work Change Directives 7.2.1 A Work Change Directive is a written order prepared and signed by Owner, directing a change in the Work prior to agreement on an adjustment in the Contract Price and/or the Contract Time(s). 7.2.2 Owner and Design-Builder shall negotiate in good faith and as expeditiously as possible the appropriate adjustments for the Work Change Directive. Upon reaching an agreement, the parties shall prepare and execute an appropriate Change Order reflecting the terms of the agreement. 7.2.3 If Owner has requested a proposal for a change in the Work from Design-Builder, Owner shall notify Design-Builder as expeditiously as possible whether such proposal is accepted. Design- Builder shall not commence changed work until a written Work Change Directive or Change Order WDBC Document No. W-1705-2013 Page D-15 Attachment D—General Conditions 8/20/20 Page 348 of 1055 PROGRESSIVE DESIGN/BUILD AGREEMENT FOR RECLAIMED WATER DISTRIBUTION SYSTEM has been delivered by Owner. The parties recognize that delay in response to such proposals may increase the impact or cost of the Change. WDBC Document No. W-1705-2013 Page D-16 Attachment D—General Conditions 8/20/20 Page 349 of 1055 PROGRESSIVE DESIGN/BUILD AGREEMENT FOR RECLAIMED WATER DISTRIBUTION SYSTEM 7.3 Minor Changes in the Work 7.3.1 Minor changes in the Work do not involve an adjustment in the Contract Price and/or Contract Time(s) and do not materially and adversely affect the Work, including the design, quality, performance and workmanship required by the Contract Documents. Design-Builder may make minor changes in the Work consistent with the intent of the Contract Documents, provided, however; that Design-Builder shall promptly inform Owner, in writing, of any such changes and record such changes on the documents maintained by Design-Builder. 7.4 Contract Price Adjustments 7.4.1 The increase or decrease in Contract Price resulting from a change in the Work shall be determined by one or more of the following methods: 1. Unit prices set forth in the Agreement or as subsequently agreed between the parties(which may include daily or monthly overhead rates for the extension of services); 2. A mutually accepted lump sum properly itemized and supported by sufficient substantiating data to permit evaluation by Owner; 3. Costs, fees and any other markups set forth in the Agreement;and 4. If an increase or decrease cannot be agreed to as set forth in items I through 3 above and 7.4.2 Owner issues a Work Change Directive,the cost of the change of the Work shall be determined by the reasonable expense and savings in the performance of the Work resulting from the change, including a reasonable overhead and profit, as may be set forth in the Agreement. If the net result of both additions and deletions to the Work is an increase or a decrease in the Contract Price, overhead and profit shall be calculated on the basis of the net increase or decrease to the Contract Price. Design-Builder shall maintain a documented, itemized accounting evidencing the expenses and savings associated with such changes. 7.4.3 If unit prices are set forth in the Contract Documents or are subsequently agreed to by the parties, but application of such unit prices will cause substantial inequity to Owner or Design-Builder because of differences in the character or quantity of such unit items as originally contemplated, such unit prices shall be equitably adjusted. 7.4.4 If Owner and Design Builder disagree upon whether Design-Builder is entitled to be paid for any services required by Owner, or if there are any other disagreements over the scope of Work or proposed changes to the Work, Owner and Design-Builder shall resolve the disagreement pursuant to GC 8.0.As part of the negotiation process,Design-Builder shall furnish Owner with a good faith estimate of the costs to perform the disputed services in accordance with Owner's interpretations. If the parties are unable to agree and Owner expects Design-Builder to perform the services in accordance with Owner's interpretations, Design-Builder shall proceed to perform the disputed services, conditioned upon Owner issuing a written order to Design-Builder (i) directing Design- Builder to proceed and (ii) specifying Owner's interpretation of the services that are to be performed.If this occurs Design-Builder shall be entitled to submit in its Applications for Payment an amount equal to fifty percent (50%) of its reasonable estimated direct cost to perform the services, and Owner agrees to pay such amounts, with the express understanding that (i) such payment by Owner does not prejudice Owner's right to argue that it has no responsibility to pay for such services and (ii) receipt of such payment by Design-Builder does not prejudice Design- WDBC Document No. W-1705-2013 Page D-17 Attachment D—General Conditions 8/20/20 Page 350 of 1055 PROGRESSIVE DESIGN/BUILD AGREEMENT FOR RECLAIMED WATER DISTRIBUTION SYSTEM Builder's right to seek full payment of the disputed services if Owner's order is deemed to be a change to the Work. 7.5 Emergencies 7.5.1 In any emergency affecting the safety of persons and/or property, Design-Builder shall act, at its discretion, to prevent threatened damage, injury or loss. Any change in the Contract Price and/or Contract Time(s) on account of emergency work shall be determined as provided in this GC 7.0. GC 8.0 Contract Adjustments and Disputes 8.1 Requests for Contract Adjustments and Relief 8.1.1 If either Design-Builder or Owner believes that it is entitled to relief against the other for any Changed Condition arising out of or related to the Work or Project,such parry shall provide written notice to the other party of the basis for its claim for relief. 8.1.2 A Changed Condition may include a Change in Law following the date of Design-Builder's proposal to Owner, which has a material impact on the cost of the Work, the Schedule, the Performance Criteria, or other aspects of Design-Builder's performance hereunder. 8.1.3 Changed Conditions may include Uncontrollable Circumstances having an impact on Design- Builder's cost of the Work, the Schedule, the Performance Criteria, or other aspects of Design- Builder's performance hereunder. 8.1.4 Such notice shall, if possible, be made prior to incurring any cost or expense and in accordance with any specific notice requirements contained in applicable sections of these General Conditions. In the absence of any specific notice requirement,written notice shall be given within a reasonable time, not to exceed twenty-one (2 1) days, after the occurrence-giving rise to the claim for relief or after the claiming party reasonably should have recognized the event or condition-giving rise to the request,whichever is later. 8.1.5 Such notice shall include sufficient information to advise the other party of the circumstances giving rise to the claim for relief and,if then available,the specific contractual adjustment or relief requested and the basis of such request. 8.2 Dispute Avoidance and Resolution 8.2.1 The parties are fully committed to working with each other throughout the Project and agree to communicate regularly with each other at all times so as to avoid or minimize disputes or disagreements. If disputes or disagreements do arise, Design-Builder and Owner each agree to resolve such disputes or disagreements in an amicable,professional and expeditious manner so as to avoid unnecessary losses, delays and disruptions to the Work. 8.2.2 Design-Builder and Owner will first attempt to resolve disputes or disagreements at the Project level through discussions between Design-Builder's Representative and Owner's Representative. 8.2.3 If a dispute or disagreement cannot be resolved through Design-Builder's Representative and Owner's Representative, upon the request of either party, then the matter shall be referred to the Senior Representatives of each party for resolution. Design-Builder's Senior Representative and WDBC Document No. W-1705-2013 Page D-18 Attachment D—General Conditions 8/20/20 Page 351 of 1055 PROGRESSIVE DESIGN/BUILD AGREEMENT FOR RECLAIMED WATER DISTRIBUTION SYSTEM Owner's Senior Representative shall meet as soon as conveniently possible,but in no case later than thirty (30) days after such a request is made, to attempt to resolve such dispute or disagreement. Prior to any meetings between the Senior Representatives, the parties will exchange relevant information that will assist the parties in resolving their dispute or disagreement. 8.2.4 If, after meeting, the Senior Representatives determine that the dispute or disagreement cannot be resolved on terms satisfactory to both parties, then the parties shall submit the dispute or disagreement to non-binding mediation.The mediation shall be conducted by a mutually agreeable impartial mediator, or if the parties cannot so agree, a mediator designated by the American Arbitration Association ("AAA") pursuant to its Construction Industry Mediation Rules. The mediation will be governed by and conducted pursuant to a mediation agreement negotiated by the parties or, if the parties cannot so agree, by procedures established by the mediator. Any claims, disputes or controversies between the parties arising out of or relating to the Agreement, or the breach thereof, which have not been resolved in accordance with the procedures set forth in GC 8.2, shall be decided by court of competent jurisdiction. 8.2.5 In any final, binding dispute proceeding upon which the parties may agree, each party shall be responsible for its own legal costs,including attorneys'fees. 8.2 Duty to Continue Performance 8.3.1 Unless provided to the contrary in the Contract Documents,Design-Builder shall continue to perform the Work and Owner shall continue to satisfy its payment obligations to Design-Builder, pending the final resolution of any dispute or disagreement between Design-Builder and Owner GC 9.0 Suspension and Termination 9.1 Owner's Right to Stop Work 9.1.1 Owner may, without cause and for its convenience, order Design-Builder in writing to stop and suspend the Work. Such suspension shall not exceed sixty(60)consecutive days or aggregate more than ninety(90)days during the duration of the Project. 9.1.2 Design-Builder is entitled to an equitable adjustment of the Contract Price and/or Contract Time(s) if its cost or time to perform the Work has been adversely impacted by any suspension of stoppage of work by Owner. 9.2 Termination for Convenience 9.2.1 Upon ten (10)days'written notice to Design-Builder, Owner may, for its convenience and without cause, elect to terminate this Agreement. In such event, Owner shall pay Design-Builder for the following: 1. All Work executed and for proven loss, cost or expense in connection with such Work; 2. The reasonable costs and expenses attributable to such termination, including demobilization costs and amounts due in settlement of terminated contracts with Subcontractors and Design Consultants; and 3. The fair and reasonable sums for overhead and profit on the sum of items 1 and 2 above. WDBC Document No. W-1705-2013 Page D-19 Attachment D—General Conditions 8/20/20 Page 352 of 1055 PROGRESSIVE DESIGN/BUILD AGREEMENT FOR RECLAIMED WATER DISTRIBUTION SYSTEM 9.2.2 If Owner terminates this Agreement pursuant to GC 9.2.1 and proceeds to design and construct the Project through its employees, agents or third parties, Owner's rights to use the Work product shall be as set forth in Section 4.3 ("Owner's Limited License upon Owner's Termination for Convenience or Design-Builder's Election to Terminate"). 9.3 Owner's Right to Perform and Terminate for Cause 9.3.1 If Design-Builder persistently falls to (i)provide a sufficient number of skilled workers, (ii)supply the materials required by the Contract Documents, (iii) comply with applicable Legal Requirements, (iv) timely pay, without cause, Subcontractors, (v) prosecute the Work with promptness and diligence to ensure that the Work is completed by the Contract Time(s), as such times may be adjusted, or (vi) perform material obligations under the Contract Documents, then Owner,in addition to any other rights and remedies provided in the Contract Documents or by Law, shall have the rights set forth in GC 9.3.2, 9.3.3, and 9.3.4. 9.3.2 Upon the occurrence of an event set forth in GC 9.3 1,Owner may provide written notice to Design- Builder that it intends to terminate the Agreement unless the problem cited is cured,or commenced to be cured,within seven(7)days of Design-Builder's receipt of such notice.If Design-Builder fails to cure,orreasonably commence to cure,such problem,then Owner may give a second written notice to Design-Builder of its intent to terminate within an additional seven (7) day period. If Design- Builder, within such second seven (7) day period, fails to cure, or reasonably commence to cure, such problem, then Owner may declare the Agreement terminated for default by providing written notice to Design-Builder of such declaration. 9.3.3 Upon declaring the Agreement terminated pursuant to GC 9.3.2, Owner may enter upon the premises and take possession,for the purpose of completing the Work,of all materials, equipment, scaffolds,tools, appliances and other items thereon,which have been purchased or provided for the performance of the Work, all of which Design-Builder hereby transfers, assigns and sets over to Owner for such purpose, and to employ any person or persons to complete the Work and provide all of the required labor, services, materials, equipment and other items. 9.3.4 In the event of such termination, Design-Builder shall not be entitled to receive any further payments under the Contract Documents until the Work shall be finally completed in accordance with the Contract Documents.At such time,if the unpaid balance of the Contract Price exceeds the cost and expense incurred by Owner in completing the Work, such excess shall be paid by Owner to Design-Builder. Notwithstanding the preceding sentence, if the Agreement establishes a Guaranteed Maximum Price, Design-Builder will only be entitled to be paid for Work performed prior to its default.If Owner's cost and expense of completing the Work exceeds the unpaid balance of the Contract Price, then Design-Builder shall be obligated to pay the difference to Owner. Such costs and expense shall include not only the cost of completing the Work,but also losses,damages, costs and expense, including attorneys' fees and expenses, incurred by Owner in connection with the re-procurement and defense of claims arising from Design-Builder's default, subject to the waiver of consequential damages set forth in Section 10.2 of the Agreement. 9.3.5 If Owner improperly terminates the Agreement for cause, the termination for cause will be converted to a termination for convenience in accordance with the provisions of GC 9.2. WDBC Document No. W-1705-2013 Page D-20 Attachment D—General Conditions 8/20/20 Page 353 of 1055 PROGRESSIVE DESIGN/BUILD AGREEMENT FOR RECLAIMED WATER DISTRIBUTION SYSTEM 9.4 Design-Builder's Right to Stop Work 9.4.1 Design-Builder may, in addition to any other rights afforded under the Contract Documents or at law, stop work for the following reason: Owner's failure to pay amounts properly due under Design-Builder's Application for Payment. 9.4.2 Should an event set forth in GC 9.4.1 occur, Design-Builder may provide Owner with written notice that Design-Builder will stop work unless such event is cured within seven (7) days from Owner's receipt of Design-Builder's notice. If Owner does not cure the problem within such seven (7) day period,Design-Builder may stop work.In such case,Design-Builder may make a claim for adjustment to the Contract Price and Contract Time(s)to the extent it has been adversely impacted by such stoppage. 9.5 Design-Builder's Right to Terminate for Cause 9.5.1 Design-Builder, in addition to any other rights and remedies provided in the Contract Documents or by law, may terminate the Agreement for cause for the following reasons: 1. The Work has been stopped for sixty (60) consecutive days, or more than ninety (90) days during the duration of the Project, because of a court order, any government authority having jurisdiction over the Work, or orders by Owner under GC 9.1.1,provided that such stoppages are not due to the acts or omissions of Design-Builder or anyone for whose acts Design-Builder may be responsible; or 2. Owner's failure to provide Design-Builder with any information,permits or approvals that are Owner's responsibility under the Contract Documents which result in the Work being stopped for sixty(60) consecutive days, or more than ninety(90) days during the duration of the Project, even though Owner has not ordered Design-Builder in writing to stop and suspend the Work pursuant to GC 9.1.1; or 3. Owner's failure to cure the problems set forth in GC 9.4.1 after Design-Builder has stopped the Work. 9.5.2 Upon the occurrence of an event set forth in GC 9.5.1, Design-Builder may provide written notice to Owner that it intends to terminate the Agreement unless the problem cited is cured, or commenced to be cured,within seven (7) days of Owner's receipt of such notice. If Owner fails to cure, or reasonably commence to cure, such problem. Then Design-Builder may give a second written notice to Owner of its intent to terminate within an additional seven (7) day period. If Owner, within such second seven (7) day period, fails to cure, or reasonably commence to cure, such problem,then Design-Builder may declare the Agreement terminated for default by providing written notice to Owner of such declaration. In such case, Design-Builder shall be entitled to recover in the same manner as if Owner had terminated the Agreement for its convenience under GC 9.2. 9.6 Bankruptcy of Owner or Design-Builder 9.6.1 If either Owner or Design-Builder institutes or has instituted against it a case under the United States Bankruptcy Code (such party being referred to as the "Bankrupt Party"), such event may impair or frustrate the Bankrupt Party's ability to perform its obligations under the Contract Documents. Accordingly, should such event occur: WDBC Document No. W-1705-2013 Page D-21 Attachment D—General Conditions 8/20/20 Page 354 of 1055 PROGRESSIVE DESIGN/BUILD AGREEMENT FOR RECLAIMED WATER DISTRIBUTION SYSTEM 1. The Bankrupt Parry, its trustee or other successor, shall furnish, upon request of the non- Bankrupt Party, adequate assurance of the ability of the Bankrupt Parry to perform all future material obligations under the Contract Documents, which assurances shall be provided within ten(10)days after receiving notice of the request; and 2. The Bankrupt Party shall file an appropriate action within the bankruptcy court to seek assumption or rejection of the Agreement within sixty (60) days of the institution of the bankruptcy filing and shall diligently prosecute such action. If the Bankrupt Party fails to comply with its foregoing obligations,the non-Bankrupt Party shall be entitled to request the bankruptcy court to reject the Agreement, declare the Agreement terminated and pursue any other recourse available to the non-Bankrupt Party under this GC 9.0. 9.6.2 The rights and remedies under GC 9.6.1 shall not be deemed to limit the ability of the non-Bankrupt Party to seek any other rights and remedies provided by the Contract Documents or by law, including its ability to seek relief from any automatic stays under the United States Bankruptcy Code or the right of Design-Builder to stop Work under any applicable provision of these General Conditions. GC 10.0 Miscellaneous 10.1 Assignment 10.1.1 Neither Design-Builder nor Owner shall without the written consent of the other, assign, and transfer or sublet any portion or part of the Work or the obligations required by the Contract Documents. 10.2 Successorship 10.2.1 Design-Builder and Owner intend that the provisions of the Contract Documents are binding upon the parties, their employees, agents,heirs, successors and assigns. 10.3 Governing Law 10.3.1 The Agreement and all Contract Documents shall be governed by the laws of the place of the Project,without giving effect to its conflict of law principles. 10.4 Severability 10.4.1 If any provision or any part of a provision of the Contract Documents shall be finally determined to be superseded, invalid, illegal, or otherwise unenforceable pursuant to any applicable Legal Requirements, such determination shall not impair or otherwise affect the validity, legality, or enforceability of the remaining provision or parts of the provision of the Contract Documents, which shall remain in full force and effect as if the unenforceable provision or part were deleted. 10.5 No Waiver 10.5.1 The failure of either Design-Builder or Owner to insist, in any one or more instances, on til- he performance of any of the obligations required by the other under the Contract Documents shall WDBC Document No. W-1705-2013 Page D-22 Attachment D—General Conditions 8/20/20 Page 355 of 1055 PROGRESSIVE DESIGN/BUILD AGREEMENT FOR RECLAIMED WATER DISTRIBUTION SYSTEM not be construed as a waiver or relinquishment of such obligation or right with respect to future performance. 10.6 Headings 10.6.1 The headings used in these General Conditions or any other Contract Document, are for ease of reference only and shall not in any way be construed to limit or alter the meaning of any provision. 10.7 Notice 10.7.1 Whenever the Contract Documents require that notice be provided to the other parry,notice will be deemed to have been validly given (i) if delivered in person to the individual intended to receive such notice, (ii) four(4) days after being sent by registered or certified mail,postage prepaid to the address indicated in the Agreement,(iii)if transmitted by facsimile,by the time stated in a machine- generated confirmation that notice was received at the number of the intended recipient, or(iv) if transmitted by e-mail to the individual to whom such notice is required to be given, by the time stated in a machine-generated confirmation that notice was received at the e-mail address of the intended recipient. 10.8 Amendments 10.8.1 The Contract Documents may not be changed, altered, or amended in any way except in writing signed by a duly authorized representative of both parties. 10.9 Third Parties 10.9.1 The services to be performed by Design-Builder are intended solely for the benefit of the Owner. No person or entity not a signatory to this Agreement shall be entitled to rely on the Design- Builder's performance of its services hereunder, and no right to assert a claim against the Design- Builder by assignment of indemnity rights or otherwise shall accrue to a third party as a result of this Agreement or the performance of the Design-Builder's services hereunder. GC 11.0 Electronic Data 11.1 Electronic Data 11.1.1 The parties recognize that Contract Documents, including drawings, specifications and three- dimensional modeling (such as Building Information Models) and other Work Product may be transmitted among Owner,Design-Builder and others in electronic media as an alternative to paper hard copies (collectively "Electronic Data"). 11.2 Transmission of Electronic Data 11.2.1 Owner and Design-Builder shall agree upon the software and the format for the transmission of Electronic Data. Each parry shall be responsible for securing the legal rights to access the agreed upon format, including, if necessary, obtaining appropriately licensed copies of the applicable software or electronic program to display, interpret and/or generate the Electronic Data. 11.2.2 Neither parry makes any representations or warranties to the other with respect to the functionality of the software or computer program associated with the electronic transmission of Work Product. WDBC Document No. W-1705-2013 Page D-23 Attachment D—General Conditions 8/20/20 Page 356 of 1055 PROGRESSIVE DESIGN/BUILD AGREEMENT FOR RECLAIMED WATER DISTRIBUTION SYSTEM Unless specifically set forth in the Agreement, ownership of the Electronic Data does not include ownership of the software or computer program with which it is associated, transmitted, generated or interpreted. 11.2.3 By transmitting Work Product in electronic form,the transmitting parry does not transfer or assign its rights in the Work Product. The rights in the Electronic Data shall be as set forth in Article 4.0 of the Agreement ("Ownership of Work Product"). Under no circumstances shall the transfer of ownership of Electronic Data be deemed to be a sale by the transmitting parry of tangible goods. 11.3 Electronic Data Protocol 11.3.1 The parties acknowledge that Electronic Data may be altered or corrupted, intentionally or otherwise, due to occurrences beyond their reasonable control or knowledge including but not limited to compatibility issues with user software, manipulation by the recipient, errors in transcription or transmission, machine error, environmental factors, and operator error. Consequently, the parties understand that there is some level of increased risk in the use of Electronic Data for the communication of design and construction information and,in consideration of this, agree, and shall require their independent contractors, Subcontractors and Design Consultants to agree, to the following protocols, terms and conditions set forth in this GC 11.3. 11.3.2 Electronic Data will be transmitted in the format agreed upon in GC 11.2.1, including file conventions and document properties,unless prior arrangements are made in advance in writing. 11.3.3 The Electronic Data represents the information at a particular point in time and is subj ect to change. Therefore, the parties shall agree upon protocols for notification by the author to the recipient of any changes which may thereafter be made to the Electronic Data,which protocol shall also address the duty, if any, to update such information, data or other information contained in the electronic media if such information changes prior to Final Completion of the Project. 11.3.4 The transmitting parry specifically disclaims all warranties,expressed or implied including,but not limited to, implied warranties of merchantability and fitness for a particular purpose, with respect to the media transmitting the Electronic Data. However, transmission of the Electronic Data by electronic means shall not invalidate or negate any duties pursuant to the applicable standard of care with respect to the creation of the Electronic Data, unless such data is materially changed or altered after it is transmitted to the receiving parry, and the transmitting parry did not participate in such change or alteration. WDBC Document No. W-1705-2013 Page D-24 Attachment D—General Conditions 8/20/20 Page 357 of 1055 PROGRESSIVE DESIGN/BUILD AGREEMENT FOR RECLAIMED WATER DISTRIBUTION SYSTEM ATTACHMENT E INDEMNITY,INSURANCE & BONDING 1.0 Indemnity 1.1 To the fullest extent permitted by law,Design-Builder shall defend,indemnify and hold Owner,its officers and employees from liability, damages, losses and costs including but not limited to reasonable attorney's fees to the extent caused by the negligence, recklessness or intentional wrongful conduct of Design-Builder or persons employed or utilized by Design-Builder in the performance of the Work. Design-Builder shall not be required to defend, indemnify or hold harmless Owner for any acts, omissions or negligence of Owner, Owner's employees, agents or separate contractors. 1.2 Owner shall cause any other contractor who may have a contract with Owner to perform work in the areas where Work will be performed under this Agreement, to agree to indemnify and defend Design-Builder, Subcontractors or anyone employed directly or indirectly by any of them or anyone for whose acts any of them may be liable and hold them harmless from all claims for bodily injury and property damage, other than property insured under Section 5.0, that may arise from that contractor's operations. Such provisions shall be in a form satisfactory to Design-Builder. 1.3 If an employee of Design-Builder, Design Consultants, Subcontractors, anyone employed directly or indirectly by any of them,or anyone for whose acts any of them may be liable has a claim against Owner,its officers,directors, employees,or agents,then Design-Builder's indemnity obligation set forth in Section 1.1 above shall not be limited by any limitation on the amount of damages, compensation, or benefits payable by or for Design-Builder, Design Consultants, Subcontractors, or other entity under any employee benefit acts,including workers' compensation or disability acts. 2.0 Design-Builder's Insurance See Attachment G—Special Conditions 18 2.1 Excess Liability Insurance above the required Commercial General, Commercial Automobile,and Employer's Liability insurance to result in overall liability coverage in the amount of$4,000,000 annual aggregate limit. 2.2 For Contractor's Pollution Liability Errors and Omissions Insurance see Attachment G — Special Conditions 18 2.3 The policies shall contain a provision that coverage will not be canceled or not renewed until at least thirty (30) days' prior written notice has been given to Owner. Certificates of insurance showing required coverage to be in force shall be filed with Owner prior to commencement of the Work. 2.4 Products and Completed Operations insurance shall be maintained for a minimum period of at least two year(s) after either ninety (90) days following the date of Substantial Completion or final payment,whichever is earlier. 2.5 The insurance limits stated in this Attachment E may be satisfied through a combination of underlying and excess or umbrella coverage. 2.6 Subcontractors.Design-Builder shall require that all Subcontractors working on the Project secure and maintain the same insurance coverages required for Design-Builder for workers' compensation insurance, employer's liability insurance, commercial automotive liability insurance and commercial general liability insurance and other financial sureties required by applicable law WDBC Document No. W-1706-2013 Page E-1 Attachment E—Indemnity, Insurance&Bonding 8120120 Page 358 of 1055 PROGRESSIVE DESIGN/BUILD AGREEMENT FOR RECLAIMED WATER DISTRIBUTION SYSTEM in connection with their presence and the performance of their duties pursuant to this Agreement; provided that Owner may approve lower limits for specific subcontractors pursuant to a request submitted by Design-Builder to Owner prior to any work being performed by the subcontractor. Design-Builder shall require that all subcontractors performing engineering services and all subcontractors performing work with potential pollution liability risk secure and maintain Professional Liability or Pollution Liability insurance coverage, respectively, with such coverage limits commensurate with the scope of the subcontract work performed. Owner, Design-Builder and all other parties required of Design-Builder shall be named as additional insured on subcontractor's required commercial general liability insurance policy. Alternatively, Design- Builder may obtain and maintain said policies and sureties on the subcontractor's behalf. 3.0 Professional Liability Insurance- See Attachment G- Special Conditions 19 4.0 Owner's Liability Insurance 4.1 Owner shall be responsible for obtaining and maintaining its own liability insurance. Insurance for claims arising out of the performance of this Agreement may be purchased and maintained at Owner's discretion. 4.2 If Owner hires separate contractors for with respect to the Project or for any portion of the Work, then Owner shall require that such separate contractors waive any insurers' rights of subrogation against the Design-Builder and its Subcontractors,Design Consultants,and their officers,directors, and employees. 5.0 Insurance to Protect Project- See Attachment G- Special Conditions 20 5.1 If Owner occupies or uses a portion of the Project prior to its Substantial Completion, such occupancy or use shall not commence prior to a time mutually agreed to by Owner and Design- Builder and to which the insurance company or companies providing the property insurance have consented by endorsing the policy or policies. This insurance shall not be canceled or lapsed on account of partial occupancy. Consent of Design-Builder to such early occupancy or use shall not be unreasonably withheld. 5.2 Owner shall obtain and maintain boiler and machinery insurance as necessary. The interests of Owner, Design-Builder, Subcontractors and Sub-subcontractors shall be protected under this coverage. 5.3 Upon Substantial Completion and during any period of startup, testing, commissioning, or initial operation of the Project, Owner shall obtain and maintain insurance with respect thereto consistent with that insurance which Owner obtains and maintains with respect to any damage or loss to its permanent plant during commercial operation. Design-Builder, Subcontractors and Sub- subcontractors shall be named as additional insured on such insurance, and Owner hereby waives any rights of subrogation with respect thereto. 6.0 Property Insurance Loss Adjustment 6.1 Any insured loss shall be adjusted with Owner and Design-Builder and made payable to Owner and Design-Builder as trustees for the insureds, as their interests may appear, subject to any applicable mortgagee clause. 6.2 Upon the occurrence of an insured loss, monies received will be deposited in a separate account and the trustees shall make distribution in accordance with the agreement of the parties in interest, or in the absence of such agreement,in accordance with a mediation agreement, or,if not resolved through mediation,then by an arbitration award pursuant to arbitration. If the trustees are unable WDBC Document No. W-1706-2013 Page E-2 Attachment E—Indemnity, Insurance&Bonding 8120120 Page 359 of 1055 PROGRESSIVE DESIGN/BUILD AGREEMENT FOR RECLAIMED WATER DISTRIBUTION SYSTEM to agree between themselves on the settlement of the loss, such dispute shall also be submitted for resolution by mediation or arbitration. 7.0 Waiver of Subrogation 7.1 Owner and Design-Builder waive all rights against each other, and any of their respective employees, agents,consultants,subcontractors and sub-subcontractors for damages caused by risks covered by insurance provided in Section 5.0 to the extent they are covered by that insurance, except such rights as they may have to the proceeds of such insurance held by Owner and Design- Builder as trustees. Design-Builder shall require similar waivers from all Subcontractors, and shall require each of them to include similar waivers in their sub-subcontracts and consulting agreements. 7.2 Owner waives subrogation against Design-Builder, Subcontractors and Sub-subcontractors on all property and consequential loss policies carried by Owner on adjacent properties and under property and consequential loss policies purchased for the Project after its completion. 7.3 If the policies of insurance referred to in this Section require an endorsement to provide for continued coverage where there is a waiver of subrogation, the owners of such policies will cause them to be so endorsed. 8.0 Bonding- See Attachment G- Special Conditions 21 WDBC Document No. W-1706-2013 Page E-3 Attachment E—Indemnity, Insurance&Bonding 8/20/20 Page 360 of 1055 PROGRESSIVE DESIGN/BUILD AGREEMENT FOR RECLAIMED WATER DISTRIBUTION SYSTEM ATTACHMENT F Scope of Work SECTION 1 1.1 Owners Design-Build Criteria 1.2 The proposal dated August 13, 2020 by the Design-Builder is hereby incorporated by reference for purposes of establishing project scope and minimum prescriptive and performance requirements contained therein for the Phase 1 Services. 2.0 Scope of Work 2.1 Phase 1 — Scope of work shall be, as a minimum, deliverables enumerated in para.5(b)(1), Design Phase and includes associated project planning and management tasks inclusive of Phase 1 and 2 prescriptive and performance criteria 2.2 Phase 2 Scope of work shall be, as a minimum, deliverables enumerated in para. 5(b)(11), Design Phase and includes associated project planning and management tasks inclusive of Phase 1 and 2 prescriptive and performance criteria WDBC Document No. W-1708-2013 Page F-1 Attachment F—Owner's Permit List 8/20/20 Page 361 of 1055 PROGRESSIVE DESIGN/BUILD AGREEMENT FOR RECLAIMED WATER DISTRIBUTION SYSTEM ATTACHMENT G SPECIAL CONDITIONS 1. The DESIGN/BUILD FIRM shall follow the City procurement policies for all large items in excess of$100,000. 2. The DESIGN/BUILD FIRM may elect to use its own forces for portions of the Work to be performed. The DESIGN/BUILD FIRM may elect to self-perform up to 100% of the on-site construction. 3. The CITY encourages the utilization of local businesses within the CITY of Boynton Beach city limits therefore DESIGN/BUILD FIRM shall make every effort to engage local contractors to enhance the local economy. 4. As part of such preparation, the DESIGN/BUILD FIRM shall review the specifications and drawings. Ambiguities, conflicts or lack of clarity in language, use of illegally restrictive requirements, and any other defects in the specifications or in the drawings noted by the DESIGN/BUILD FIRM shall be brought to the attention of the Project Manager and Permitting agency(les)in written form and simultaneously corrected. 5. Quality Control: The DESIGN/BUILD FIRM shall develop and maintain a program acceptable to the CITY, to assure quality control of the construction. The DESIGN/BUIL,D FIRM shall supervise the work of all subcontractors providing insurance to each when their work does not conform to the requirements of the plans and specifications and it shall continue to exert its influence and control over each subcontractor to ensure that corrections are made in a timely manner so as to not affect the efficient progress of the work. Should disagreement occur between the DESIGN/BUILD FIRM over acceptability of work and conformance with the requirements of the specifications and plans, the CITY shall be the final judge of performance and acceptability. 6. Subcontracting Interfacing: The DESIGN/BUILD FIRM shall be the sole point of interface with all subcontractors for the CITY and all of its agents and representatives. It shall negotiate all change orders, field orders, and request for proposals, with all affected subcontractors and shall review the costs of those proposals and advise the CITY of their validity and reasonableness, acting in the CITY's best interest prior to requesting approval of each change order from the CITY. Before any work is begun on any change order, a written authorization and approval from the CITY must be issued. However, when health and safety are threatened, the DESIGN/BUILD FIRM shall act immediately to remove the threat. It shall also carefully review all shop drawings and then issue the shop drawings to the affected subcontractor for fabrication or revision. The DESIGN/BUILD FIRM shall maintain a suspense control system to promote expeditious handling. It shall make interpretations of the drawings or specifications requested by the subcontractors and shall maintain said suspense control system to promote timely response. The Project Manager must be informed when the timely response is not occurring on any of the above. 7. Permits: The DESIGN/BUILD FIRM shall secure all necessary permits, the cost of which will be considered a direct cost item. 8. Job Site Requirements: The DESIGN/BUILD FIRM shall provide for each of the following activities as a part of its Construction Phase fee: WDBC Document No. W-1708-2013 Page G-1 Attachment G—Special Conditions 8/20/20 Page 362 of 1055 PROGRESSIVE DESIGN/BUILD AGREEMENT FOR RECLAIMED WATER DISTRIBUTION SYSTEM a. Provide a safety program for the project to meet CITY and OSHA requirements. Monitor for subcontractor compliance without relieving them of the responsibilities to perform work in accordance with the best acceptable practice. b. Maintain a log of daily activities,including manpower records,weather,delays,major decisions, etc. C. Maintain a roster of companies on the project with name and telephone numbers of key personnel. d. Establish and enforce job rule governing parking, clean-up, use of facilities and worker discipline. e. Provide labor relations management for a harmonious,productive proj ect. f. Provide a quality control program as per Section 3.2 (F)herein. g. Miscellaneous office supplies that support the construction efforts which are consumed by its own forces. h. Travel to and from its home office to the project site as the project requires shall be reimbursed thru the GMP. The DESIGN/BUILD FIRM shall provide personnel and equipment or shall arrange for separate subcontracts to provide each of the following as a direct cost item: a. Schedule the services of independent testing laboratories and provide the necessary testing of materials to ensure conformance to contract requirements. b. The printing and distribution of all required bidding documents and shop drawings,including the sets required by the Permitting Agency(les)inspectors. 9. Job Site Job Site Administration: The DESIGN/BUILD FIRM shall provide as part of its job site fee, job site administration functions during construction to assure proper documentation, including but not limited to such things as follows: Job Meetings — Hold weekly progress meetings and coordination meetings to provide for an easy flowing project. Implement procedures and assure timely submittals, expedite processing approvals and return of shop drawings, samples, etc. Coordinate and expedite critical ordering and delivery of materials,work sequences,inspection and testing, labor allocation, etc.Review and coordinate each subcontractor's work.Review and implement revisions to the Schedule. Monitor and promote safety requirements. In addition, regular project status meetings will be held between the CITY and the DESIGN/BUILD FIRM either biweekly or monthly, whichever is designated by the Project Manager. WDBC Document No. W-1708-2013 Page G-2 Attachment G—Special Conditions 8/20/20 Page 363 of 1055 PROGRESSIVE DESIGN/BUILD AGREEMENT FOR RECLAIMED WATER DISTRIBUTION SYSTEM The Job site meetings should be utilized as a tool for pre-planning of work, enforcing schedules, and for establishing procedures, responsibilities, and identification of authority for all to clearly understand. Identify party or parties responsible to follow up on any problems, delay items or questions and record course of action/solution. Revisit each pending item at each subsequent meeting until resolution is achieved. Require all present to make any problems or delaying event known to those present for appropriate attention and resolution. Shop Drawing Submittals/Approvals: Provide staff to check shop drawings and closely monitor their submittal and approval process. Material and Equipment Expediting: Provide staff to closely monitor material and equipment deliveries; critically important checking and follow-up procedures on supplier commitments of all subcontractors. Payments to Subcontractors: Develop and implement a procedure for review, processing, and payment of applications by subcontractors for progress and final payments. All financial documents and records shall be maintained pursuant to reasonable accounting practices designed to afford the CITY the ability to have the documents audited with the minimum of cost and disruption. Document Interpretation: Refer all questions for interpretation of the technical documents to the CITY for direction. Reports and Project Site Documents: Record the progress of the project. Submit written progress reports to the CITY including information on the subcontractor's work, and the percentage of completion. Keep a daily log available to the CITY and the Permitting Agency(les) inspectors for reviewing and copying. Subcontractor's Progress: Prepare periodic punch lists for subcontractor's work including unsatisfactory or incomplete items and schedules for their completion. Substantial Completion: Substantial completion shall be established by way of the following steps: a. DESIGN/BUILD FIRM shall notify the CITY that the project is ready for Substantial Completion inspections. b. The CITY shall conduct such inspections. c. Inspections shall be completed by the CITY's Representative. d. The CITY shall consolidate a punch list(CITY's punch list) e. The DESIGN/BUILD FIRM shall issue a Certificate of Substantial Completion for acceptance by the CITY's with punch list attached. Start-up: With the CITY's personnel, direct the checkout of utilities, operations,training, systems and equipment for readiness and assist in their initial start-up and testing by the trade contractors. Final Completion: Monitor the Subcontractor's performance on the completion of the project and provide notice to the CITY that the Work is ready for Final Inspection. Secure and transmit to the CITY all required guarantees, affidavits, warranties, releases, bonds and waivers, manuals, record drawings, and maintenance manuals including the Final Completion Form. WDBC Document No. W-1708-2013 Page G-3 Attachment G—Special Conditions 8/20/20 Page 364 of 1055 PROGRESSIVE DESIGN/BUILD AGREEMENT FOR RECLAIMED WATER DISTRIBUTION SYSTEM Record Drawings: The DESIGN/BUILD FIRM shall monitor the progress of their own forces or their subcontractors on marked up field prints and at project completion will prepare the final record drawings. 10. Administrative Records: The DESIGN/BUILD FIRM will maintain on the Job Site all project files and records. The project records shall be available at all times to the CITY for reference,review or copying. 11. CITY Occupancy: The DESIGN/BUIL,D FIRM shall provide services during the design and construction phases and will provide a coordinated CITY occupancy of the project. It shall provide consultation and project management to facilitate CITY occupancy and provide transitional services to get the work, as completed by the subcontractors;"on-line"in such conditions as will satisfy CITY operational requirements. a. It shall conduct the preliminary punch list inspection and coordinate the completion of the punch list work to be done with the CITY occupancy in mind. b. It shall catalog operational and maintenance requirements of equipment to be operated by maintenance personnel and convey these to the CITY in such a manner as to promote their usability. It shall provide operational training in equipment use for building operators. c. It shall secure required guarantees and warranties, assemble and deliver same to the CITY in a manner that will facilitate their maximum enforcement and assure their meaningful implementation. d. It shall continuously review"Record"Drawings"and mark up progress prints to provide as much accuracy as possible. The CITY may not occupy or take control of the Project until the above items discussed in this paragraph have been completed and the "Substantial Completion", and "Warranty" requirements specified in paragraphs 3.2J. (8) "Substantial Completion", 3.2.1(10) "Final Completion", and 3.2.1 (M) "Warranty" have been completed to the City's satisfaction excluding the requirements for a warranty inspection.Nothing in this provision shall preclude the CITY from taking partial occupancy if necessary. 12. WARRANTY: Where any work is performed by the DESIGN/BUILD FIRM's own personnel or by subcontractors under Contract with the Design/Build Firm, the DESIGN/BUILD FIRM shall warrant that all materials and equipment included in such work will be new except where indicated otherwise in the Contract documents, and that such work will be new and of good quality, free from improper workmanship and defective materials and in conformance with the Drawings and Specifications. With respect to the same work, the DESIGN/BUILD FIRM further agrees to correct all work found by the CITY to be defective in material and workmanship or not in conformance with the Drawings and Specifications for a period of one (1) year from the Date of Final Completion or for such longer period of time as may be set forth with respect to specific warranties contained in the trade sections of the Specifications. The DESIGN/BUIL,D FIRM shall collect and deliver to the CITY any specific written warranties given by others as required by the Contract Documents. The DESIGN/BUILD FIRM shall warrant to the CITY that it possesses good, clear and marketable title to all equipment and materials provided and that there are no pending liens,claims WDBC Document No. W-1708-2013 Page G-4 Attachment G—Special Conditions 8/20/20 Page 365 of 1055 PROGRESSIVE DESIGN/BUILD AGREEMENT FOR RECLAIMED WATER DISTRIBUTION SYSTEM or encumbrances against the equipment and materials.DESIGN/BUILD FIRM is required to submit form provided by the CITY, herein attached as part of"Appendix C" herein, named "Warranty of Title"to certify this claim. 13. Code Inspections: All projects require detailed code compliance inspections during construction in certain disciplines. These disciplines normally include,but are not necessarily limited to structural, mechanical, electrical, plumbing, and general building. All inspections shall be made for conformance with the applicable building codes, compliance with drawings and specifications. The DESIGN/BUILD FIRM is ultimately responsible for all code compliance. Cost for all re-inspections of work found defective and subsequently repaired shall be borne by the DESIGN/BUILD FIRM. 14. Subcontractors: Proposals: Subject to Section 3.9.2 "Cost of Work"and in accordance with Section 3.21) "Solicitation of Bids," the DESIGN/BUILD FIRM shall request and receive proposals from subcontractors and suppliers and will award those contracts to the responsive qualified low bidder after it has reviewed each proposal and is satisfied that the subcontractor is qualified to perform the work. Required Subcontractor's Qualifications and Subcontractors Conditions: a. Subcontractor Relations: The DESIGN/BUILD FIRM shall require each subcontractor to the extent of the work to be performed by the subcontractor to be bound to the DESIGN/BUILD FIRM by the terms of the Contract Documents, and to assume toward the DESIGN/BUILD FIRM all the obligations and responsibilities which the DESIGN/BUILD FIRM by these Documents, assumes toward the City. The DESIGN/BUILD FIRM shall not employ any subcontractor, whether initially or as a substitute against whom the CITY has reasonable objection. The DESIGN/BUILD FIRM shall make available to each proposed subcontractor, prior to the execution of the subcontract, copies of the Contract Documents to which the subcontractor will be bound by this Section 3.5, and identify to the subcontractor any terms and conditions of the proposed subcontract which may be at variance with the Contract Documents. Each subcontractor shall similarly make copies of such Documents available to its subcontractors. b. Subcontract Requirements: The DESIGN/BUILD FIRM shall be responsible for pre-qualifying subcontractors. Pre-qualification shall include but not limited to evaluation of previous experience staffing resources, financial conditions and overall ability to perform the work. Workforce: The DESIGN/BUILD FIRM shall evaluate subcontractor's percentage of the project construction work to be performed utilizing its own employees. Subcontractor Experience: The subcontractor must demonstrate related experience of similar size and complexity as determined by the DESIGN/BUILD FIRM. Supervision: The subcontractor must agree to provide field (on-site) supervision through a named superintendent for each trade (general concrete forming and placement, masonry, WDBC Document No. W-1708-2013 Page G-5 Attachment G—Special Conditions 8/20/20 Page 366 of 1055 PROGRESSIVE DESIGN/BUILD AGREEMENT FOR RECLAIMED WATER DISTRIBUTION SYSTEM mechanical, plumbing, electrical and roofing) included in the subcontract. In addition, the subcontractor shall assign and name a qualified employee for scheduling direction for its work. The supervisory employees of the subcontractor (including field superintendent, foreman and schedulers at all levels) must have been employed in a supervisory (leadership) capacity of substantially equivalent level on a similar project for at least two (2) years within the last five years. The subcontractor shall include a resume of experience for each employee identified by him to supervise and schedule the work. c. All Subcontractors shallprovide: LIMITATION OF REMEDY—NO DAMAGES FOR DELAY OR DISRUPTION The subcontractor's exclusive remedy for delays or disruptions,except for active interference by the CITY in the performance of the contract caused by events beyond its control,including CITY delays claimed to be caused by the CITY or attributable to the CITY and including claims based on breach of contract or negligence, shall be an extension of its contract time. In the event of a change in the Work, the subcontractor's claim for adjustments in the contract sum are limited exclusively to its actual costs for such changes. Each subcontract shall require the subcontractor to expressly agree that the foregoing constitute its sole and exclusive remedies for delays or disruptions and changes in the Work, and thus eliminate any other remedies for claim for increase in the contract price, damages, losses, or additional compensation. Each subcontract shall require that any claims by subcontractor for delay or additional cost must be submitted to the DESIGN/BUILD FIRM within seven(7)calendar days in the format in which the DESIGN/BUIL,D FIRM must submit such claims to the CITY. Failure to comply with the conditions for giving notice and submitting claims shall result in the waiver of such claims.Any such claim must include a time impact analysis as a justification for any equitable time or price adjustment, and a subcontractor's refusal to provide such a timely analysis shall be considered a failure of a condition precedent to advance the claim in any future litigation. The DESIGN/BUILD FIRM shall also: 1. Observe work of each subcontractor to monitor compliance with schedule. 2. Verify that labor and equipment are adequate for the work and the schedule. 3. Verify that the product procurement schedules are adequate. 4. Verify that product deliveries are adequate to maintain schedule. 5. Report non-compliance with recommendation for changes to the CITY. Responsibilities for Acts and Omission: The DESIGN/BUILD FIRM shall be responsible to the CITY for the acts and omission of its employees and agents and its subcontractors, their agents and employees, and other persons performing any of the work of supplying materials under a contract to the DESIGN/BUILD FIRM. Subcontracts to be Provided--Upon request, the DESIGN/BUILD FIRM shall include a copy of each signed subcontract, including the general supplementary conditions, in the project manual. WDBC Document No. W-1708-2013 Page G-6 Attachment G—Special Conditions 8/20/20 Page 367 of 1055 PROGRESSIVE DESIGN/BUILD AGREEMENT FOR RECLAIMED WATER DISTRIBUTION SYSTEM 15. City's Responsibilities: CITY's Information: The CITY shall provide information that it possesses regarding the requirements for the project. Site Survey and Reports: The CITY shall provide any available surveys describing the physical characteristics, soil reports, and subsurface investigations, legal limitations, utility locations, and a legal description relating to this Project. The CITY does not warrant the completeness or the current accuracy of any reports and DESIGN/BUILD FIRM is entitled to rely on said reports in the performance of its work for this Project unless DESIGN/BUILD FIRM knows or reasonably should have known such surveys or reports are inaccurate. Approvals and Easements: The CITY shall pay for necessary approvals, easements, assessments and charges required for the construction, use or occupancy of permanent structures or for permanent changes in existing facilities. Legal Services: The CITY shall furnish such legal services as may be necessary for obtaining any approvals or easements and such auditing services as the CITY deem necessary. Drawings and Specifications: The CITY will attempt to review and act upon the DESIGN/BUIL,D FIRM's drawings and Specifications in ten (10) calendar days to avoid delaying the progress of the Project. 16. Tests &Inspections: DESIGN/BUIL,D FIRM shall give CITY notice of readiness of the Work for all required inspections,tests and approvals.DESIGN/BUILD FIRM shall assume full responsibility, pay all costs and furnish CITY the required certificates of inspection, testing and approval for all materials, equipment or the Work or any part unless other specified. Neither CITY,nor other inspectors shall have authority to permit deviations from nor to relax any of the provisions of the Contract Documents, nor to delay the Agreement by failure to inspect the materials and work with reasonable promptness. The payment of any compensation, the giving of any gratuity or the granting of any favor by the DESIGN/BUILD FIRM to any inspectors,directly or indirectly is strictly prohibited and punishable to the full extent of the law, and any such action on the part of the DESIGN/BUIL,D FIRM will constitute a termination of the resultant Contract. Miscellaneous -Apprentices: If the DESIGN/BUILD FIRM employs apprentices on the project; the behavior of the DESIGN/BUILD FIRM and CITY shall be governed by the provisions of Florida Statutes, Chapter 446, and by applicable standards and policies governing apprentice programs and agreements established by the Division of Labor of the Florida Department of Labor and Employment Security. The DESIGN/BUIL,D FIRM will include provisions similar to the foregoing sentence in each subcontract. 17. Establishment of Guaranteed Maximum Price: GMP Established After Execution of this Contract GMP Proposal: Upon completion of Phase I (Preliminary Design Documents), DESIGN/BUILD FIRM shall submit a GMP Proposal to the CITY which shall include the following, unless mutually agreed to otherwise by the parties: WDBC Document No. W-1708-2013 Page G-7 Attachment G—Special Conditions 8/20/20 Page 368 of 1055 PROGRESSIVE DESIGN/BUILD AGREEMENT FOR RECLAIMED WATER DISTRIBUTION SYSTEM A proposed GMP,which shall be the sum of: 1. Lump Sum Amount for Phase I of the Project(Preliminary Design Documents) 2. Cost of Work for Phase II of the Project 3. Construction Allowance for Phase II 4. DESIGN/BUILD FIRM's Lump Sum General Conditions Amount for Phase II 5. DESIGN/BUILD FIRM's Lump Sum Insurance for Phase II 6. DESIGN/BUILD FIRM's Bonds for Phase II 7. DESIGN/BUILD FIRM's Fee for Phase II A list of the drawings and specifications,including all addenda used as the basis for the GMP Proposal; A list of all the assumptions and clarifications made by the DESIGN/BUIL,D FIRM in the preparation of the GMP Proposal,which list is intended to supplement the information contained in the drawings and specifications; The Guaranteed Completion Date — Substantial and Final Completion - (GCD) upon which the proposed GMP is based, to the extent said date has not already been established and a schedule upon which the GCD is based; A list of allowances and statement of their basis; A statement of additional services; and The time limit for acceptance for the GMP Proposal. All Lump Sum amounts set forth above shall be paid in accordance with a schedule of values on a percent completed basis and shall NOT be subject to audit rights. 18. Insurance:During the performance of the services under this Contract,DESIGN/BUILD FIRM shall maintain the following insurance policies, and provide Certificates of Insurance written by an insurance company authorized to do business in the state of Florida in accordance with Section 3.13.2.1 of the Special Conditions to include: d. Worker's Compensation Insurance: The DESIGN/BUILD FIRM shall procure and maintain for the life of this Contract, Worker's Compensation Insurance covering all employees with limits meeting all applicable state and federal laws. This coverage shall include Employer's Liability with limits meeting all applicable state and federal laws. This coverage must extend to any sub- Contractor that does not have their own Worker's Compensation and Employer's Liability Insurance. The policy must contain a waiver of subrogation in favor of the CITY of Boynton Beach, executed by the insurance company. e. Comprehensive General Liability: The DESIGN/BUILD FIRM shall procure and maintain for the life of this Contract, Comprehensive General Liability Insurance. This coverage shall be on an "Occurrence"basis. Coverage shall include Premises and Operations; Independent Contractors, Products Completed Operations and Contractual Liability with specific reference of Article 7, "Indemnification"of this Agreement.This policy shall provide coverage for death,personal injury or property damage that could arise directly or indirectly from the performance of this Agreement. DESIGN/BUILD FIRM shall maintain a minimum coverage of$1,000,000 per occurrence and $2,000,000 general aggregate for personal injury and for property damage. The general liability WDBC Document No. W-1708-2013 Page G-8 Attachment G—Special Conditions 8/20/20 Page 369 of 1055 PROGRESSIVE DESIGN/BUILD AGREEMENT FOR RECLAIMED WATER DISTRIBUTION SYSTEM 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. f. Business Automobile Liability: The DESIGN/BUILD FIRM shall procure and maintain, for the life of this Contract, Business Automobile Liability Insurance. The DESIGN/BUILD FIRM shall maintain a minimum amount of$1,000,000 combined single limit for bodily injury and property damage liability to protect the DESIGNBUILD FIRM from claims of damage for bodily and personal injury, including death, as well as from claims for property damage, which may arise from the ownership, use of maintenance of owned and non-owned automobile including rented automobiles,whether such operations be by the DESIGN/BUILD FIRM or by anyone directly or indirectly employed by the DESIGN/BUILD FIRM. g. 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 occurrence. h. Umbrella Liability: The DESIGN/BUIL,D FIRM shall procure and maintain, for the life of this contract, Umbrella Liability Insurance, over and above the previously noted liability insurance policies. The DESIGN/BUILD FIRM shall maintain a minimum amount at$4,000,000 It shall be the responsibility of the DESIGN/BUILD FIRM to ensure that all sub-contractors comply with the same insurance requirements referenced above. In the judgment of the CITY,prevailing conditions may warrant additional liability insurance coverage or coverage which is different in kind from the original insurance submitted by the DESIGN/BUILD FIRM. The CITY reserves the right to require the provision by the DESIGN/BUILD FIRM of an amount of coverage different from the amounts or kind previously required, and shall afford written notice of such change in requirements thirty(30)days prior to the date on which the requirements shall take effect. Should the DESIGN/BUILD FIRM 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 DESIGN/BUILD FIRM,said termination taking effect on the date that the required change in policy coverage would otherwise be effective. DESIGN/BUILD FIRM shall, for a period of two (2) years following the termination of the Agreement, maintain a"tail coverage"in an amount equal to that described above for Comprehensive Liability Insurance on a claims-made policy only. The CONTRACTOR agrees to purchase the extended reporting period on cancellation or termination unless a new policy is affected with a retroactive date,including at least the last policy year. Any exceptions to the insurance requirements in this section must be approved in writing by the CITY's Risk Management. Contractors Pollution Liability: Contractor's Pollution Liability: The DESIGN/BUILD FIRM shall maintain during the term of this Contract, Contractor's Pollution Liability in the amount of $1,000,000 Per Loss/$2,000,000 Annual Aggregate. Coverage will be required for any Environmental/Pollution related services including but not limited to testing, design, consulting, analysis, or other consulting work, whether self-performed or subcontracted. Additionally, such coverage will include bodily injury, sickness, disease, mental anguish or shock sustained by any person, including death; property damage including physical injury to or destruction of tangible property including the resulting loss of use thereof, cleanup costs, and the loss of use of tangible property including the resulting loss of use thereof, cleanup costs, and the loss of use of tangible WDBC Document No. W-1708-2013 Page G-9 Attachment G—Special Conditions 8/20/20 Page 370 of 1055 PROGRESSIVE DESIGN/BUILD AGREEMENT FOR RECLAIMED WATER DISTRIBUTION SYSTEM property that has not been physically injured or destroyed; defense including costs, charges and expenses incurred in the investigation, adjustment or defense of claims for such compensatory damages; coverage for losses caused by pollution conditions that arise from the operations of the DESIGN/BUILD FIRM including transportation. CITY shall be named as additional insured. Coverage will be provided on an Occurrence Form or a Claims Made Form with a retroactive date equal to at least the first date of this Contract and with a three (3) year reporting option beyond the Annual expiration date of the policy. Note: Umbrella or Excess Liability policies may be used to obtain the total limits of liability required to meet the required limits of coverage stated above. Evidence of such coverage should clearly demonstrate the underlying coverages/policies that are included. 19. Professional Liability(Errors and Omissions): The DESIGN/BUILD FIRM shall maintain during the term of this Contract, Professional Liability Insurance in the minimum amount of $1,000,000 per occurrence. Coverage will be broad to include Errors and Omissions specific to DESIGN/BUILD FIRM's Professional Liability for direct and contingent design-errors and Architect's/Engineer's Professional Liability with no exclusions for Design-Build work. Coverage will be provided on an Occurrence Form or a Claims Made Form with a retroactive date equal to at least the first date ofthis Contract and with a three (3)year reporting option beyond the Annual expiration date of the policy. 20. Builder's Risk: During the course of the Contract, the DESIGN/BUILD FIRM shall be responsible to maintain Builder's Risk Insurance coverage with the limit being equal to 100% of the Guaranteed Maximum Price (GMP) value (Replacement Value) of Phase 2 the Project; including contractor's labor, materials and equipment used for completion of the Work. The Builder's Risk policy shall include the SPECIAL FORM/ALL RISK COVERAGES. The deductible for flood, wind, and hail cannot exceed 5% of the insured value.No deductible greater than $50,000 shall be permitted for all other perils. The DESIGN/BUILD FIRM is responsible for payment of deductibles for all losses except for those losses as a direct result ofForce Majeure. The CITY and the DESIGN/BUILD FIRM shall be the certificate holder and Additional Named Insured. The DESIGN/BUILD FIRM entity (i.e. Joint Venture, Partnership, etc.) must be a named insured on all required insurance coverages. The CITY shall be named as additional insured under the Commercial General Liability Policy, the Umbrella Policy, and the Contractor's Pollution Coverage. Depending upon the nature of any aspect of this Project and its accompanying exposures and liabilities, the CITY may, at its sole option, require additional insurance coverages in amounts responsive to those liabilities which may or may not require that the CITY also be named as additional insured. Said insurance shall be written by an insurer holding a current certificate of authority pursuant to Chapter 624, Florida Statutes. Such insurance shall be endorsed to provide for a waiver of underwriter's rights and subrogation in favor of the CITY of Boynton Beach. Such insurance shall be written by an insurer with an A.M. Best Rating of A- VII X or better. Prior to commencing any work on the Project, Certificates of Insurance approved by the CITY's Risk Management Department evidencing the maintenance of said insurance shall be furnished to the CITY. The insurance policies shall be endorsed to provide that no material alteration or cancellation, WDBC Document No. W-1708-2013 Page G-10 Attachment G—Special Conditions 8/20/20 Page 371 of 1055 PROGRESSIVE DESIGN/BUILD AGREEMENT FOR RECLAIMED WATER DISTRIBUTION SYSTEM including expiration and non-renewal shall be effective until thirty(30) days after receipt of written notice to the CITY. Anything to the contrary,notwithstanding liabilities of the DESIGN/BUIL,D FIRM under this Contract shall survive and not be terminated,reduced or otherwise limited by any expiration or termination of insurance coverages.Neither approval nor failure to disapprove insurance furnished by the DESIGN/BUILD FIRM shall relieve the DESIGN/BUILD FIRM from responsibility to provide insurance as required by the Contract. 21. Bonds: In accordance with the provisions of Florida Statutes §255.05, the DESIGN/BUIL,D FIRM shall provide to the CITY,on forms furnished by the CITY, a 100%Performance and a 100%Payment Bond, each in the amount less than the Guaranteed Maximum Price, being less the Design and Engineering Fees. No qualifications, modifications or riders to the bond forms are permitted. The Payment and Performance Bonds must be duly recorded in Palm Beach County Public Records as a condition precedent to the CITY's issuance of a Notice to Proceed. The performance bond shall be conditioned that the DESIGN/BUILD FIRM performs the Contract in the time and manner prescribed in the Agreement. The payment bond shall be conditioned that the DESIGN/BUILD FIRM makes payments to all persons who supply the DESIGN/BUILD FIRM with labor, materials and supplies used directly and indirectly by the DESIGN/BUILD FIRM in the performance of the Work provided for in resultant Contract,and any change orders shall provide that the surety shall pay the amount not exceeding the sum provided in the bonds, together with interest at the maximum rate allowed by law and that the DESIGN/BUIL,D FIRM and surety shall indemnify and hold harmless the CITY to the extent of any and all payments in connection with the performance of this Contract which the CITY may be required to make by law. To be acceptable to the CITY as Surety for Performance Bonds and Payment bonds, a Surety company shall comply with the following provisions outlined in the General Conditions herein. The Surety company shall not expose itself to any loss on any one risk in an amount exceeding ten (10)percent of its surplus to policyholders,provided: i. Any risk or portion of any risk being reinsured shall be deducted in determining the limitation of the risk as prescribed in this section.These minimum requirements shall apply to the reinsuring carrier providing authorization, or approval by the State of Florida, Department of Insurance to conduct business in the state has beenmet. j. In the case of the surety insurance company, in addition to the deduction for reinsurance, the amount assumed by any co-surety, the value of any security deposited, pledged or held subject to the consent of the surety and for the protection of the surety shall be deducted. The performance and payment bonds shall continue in effect for one(1)year after the final payment becomes due except as otherwise provided by law or regulation or by the Contract Documents with the final sum of those bonds reduced after final payment to an amount equal to twenty five percent (25%) of the agreed GMP, less design and engineering fees, or an additional bond shall be conditioned that DESIGN/BUILD FIRM shall correct any deficiencies or faulty Work or material which appears within one (1)year after Final Completion of the Agreement,upon notification of the CITY. WDBC Document No. W-1708-2013 Page G-11 Attachment G—Special Conditions 8/20/20 Page 372 of 1055 PROGRESSIVE DESIGN/BUILD AGREEMENT FOR RECLAIMED WATER DISTRIBUTION SYSTEM 22. Harmony: DESIGN/BUILD FIRM is advised and agrees that it will exert every reasonable and diligent effort to assure that all labor employed by DESIGN/BUILD FIRM and its Subcontractors for work on the Project shall work in harmony with and be compatible with all other labor being used by building and construction contractors now or hereafter on the Site of the Project. DESIGN/BUILD FIRM further agrees that this provision will be included in all subcontracts of the subcontractors as well as the DESIGN/BUILD FIRM's own contract; provided however, that this provision shall not be interpreted or enforced so as to deny a bridge on account of membership or non-membership in any labor union or labor organization, the right of any person to work as guaranteed by Article 1, Section 6 of the Florida Constitution. 23. Apprentices: If the DESIGN/BUILD FIRM employs apprentices on the project; the behavior of the DESIGN/BUILD FIRM and CITY shall be governed by the provisions of Florida Statutes, Chapter 446, and by applicable standards and policies governing apprentice programs and agreements established by the Division of Labor of the Florida Department of Labor and Employment Security. The DESIGN/BUILD FIRM will include provisions similar to the foregoing sentence in each subcontract. 24. Confidentiality and Public Records Law:Any information disclosed by one parry("Disclosing Party") to the other parry("Recipient")in connection with this Contract that is marked confidential or that due to its character and nature, a reasonable person under like circumstances would treat as confidential (the "Confidential Information") will be protected and held in confidence by the Recipient. Confidential Information will be used only for the purposes of this Contract and related internal administrative purposes. Disclosure of the Confidential Information will be restricted to the Recipient's employees, contractors, or alliance companies on a "need to know" basis in connection with the Work, who are bound by confidentiality obligations no less stringent than these prior to any disclosure. Each parry may disclose Confidential Information relating to the Work to providers of goods and services such disclosure is necessary and reasonably anticipated. Confidential Information does not include information which: (i)is already known to Recipient at the time of disclosure; (ii)is or become publicly known through no wrongful act or failure of the Recipient; (iii) is independently developed by Recipient without benefit of Disclosing Party's Confidential Information; or (iv) is received from a third party which is not under and does not thereby breach an obligation of confidentiality. Each party agrees to protect the other's Confidential Information at all times and in the same manner as each protects the confidentiality of its own proprietary and confidential materials, but in no event with less than a reasonable standard of care. A Recipient may disclose Confidential Information to the extent required by law, but that disclosure does not relieve Recipient of its confidentiality obligations with respect to any other parry. Except as to the confidentiality of trade secrets, these confidentiality restrictions and obligations will terminate five (5) years after the expiration or termination of the Contract under which the Confidential Information was disclosed, unless the law requires a longer period. The parties acknowledge that the CITY is a municipal corporation that is subject to Florida Statutes § 119, and related statutes known as the "Public Records Laws." If a request is made to view such Confidential Information, CITY will notify DESIGN/BUILD FIRM of such request and the date that such records will be released to the requester unless DESIGN/BUILD FIRM obtains a court order enjoining such disclosure. If the DESIGN/BUILD FIRM fails to obtain that court order enjoining disclosure, CITY will release the requested information on the date specified. Such release shall be deemed to be made with the DESIGN/BUILD FIRM's consent and will not be deemed to be a violation of law, including but not limited to laws concerning trade secrets, copyright or other intellectual property. In the event the DESIGN/BUILD FIRM breaches this Contract,then the DESIGN/BUILD WDBC Document No. W-1708-2013 Page G-12 Attachment G—Special Conditions 8/20/20 Page 373 of 1055 PROGRESSIVE DESIGN/BUILD AGREEMENT FOR RECLAIMED WATER DISTRIBUTION SYSTEM FIRM hereby grants CITY a limited license to use the Confidential Information in any reasonable way in order to mitigate CITY's damages. 25. Severability: Should any provision of this Contract be deemed or determined to be unenforceable by a court of competent jurisdiction, the remaining contract provisions shall remain in full force and effect. Verification of Employment Status: The CITY shall not intentionally award contracts to any contractor who knowingly employs unauthorized immigrant workers, constituting a violation of the employment provisions of the Immigration and Naturalization Act("INA"). The CITY shall consider the employment by the DESIGN/BUILD FIRM of authorized immigrants, a violation of Section 274A(e) of the INA. The DESIGN/BUIL,D FIRM agrees that such violation shall be grounds for the unilateral cancellation of the Contract by the CITY. 26. Payment of Overtime:Unless already included in Phase 2 Construction Costs,any Overtime required for the DESIGN/BUIL,D FIRM to complete the Work within the Contract Time shall be at the sole cost and expense of the DESIGN/BUILD FIRM. If CITY requires the DESIGN/BUILD FIRM to perform Overtime Work in order to complete the Work prior to the Guaranteed Completion Date, the DESIGN/BUILD FIRM shall invoice the CITY for the Overtime such that only the actual costs incurred by the DESIGN/BUILD FIRM relating to the payment of Overtime premiums,in accordance with the labor policies and applicable laws. Such actual costs include Overtime wage premium, and additional taxes and insurance directly associated with the Overtime wage premium. The DESIGN/BUILD FIRM agrees that it will not charge for personnel paid a salary, or other form of compensation such that the DESIGN/BUILD FIRM incurs no direct costs as a result of the Overtime. The DESIGN/BUILD FIRM shall total the direct Overtime charges, and add the agreed upon overhead rate,but in no case shall such overhead rate exceed ten-percent(10%) of the total Overtime costs. Overtime may only be charged to CITY if the DESIGN/BUIL,D FIRM was directed in writing by the CITY to incur the Overtime. Such authorization for Overtime shall be accompanied by a Change Order 27. Scheduling of Overtime: The CITY and the DESIGN/BUILD FIRM shall establish and agree upon an overall project baseline schedule that includes all scheduled work. Normal working hours shall be 7:00 AM to 5:00 PM on weekdays. No work shall be performed on Saturdays, Sunday, or City observed holidays unless otherwise authorized in writing by the Owner's Project Manager a minimum of forty-eight (48)hours in advance. Design-Builder may work beyond 5:00 PM on occasion based on the actual daily progress of the work and per the approved project schedule. Construction observation and/or inspection services performed by the Owner beyond the normal weekday working hours of 7:00 AM to 5:00 PM,if needed, shall be paid for by the Design-Builder at an hourly rate of$100.00 for each of the Owner's inspectors providing such service. This hourly rate shall apply to overtime required by the Owner on weekdays,weekends, and City observed holidays. 28. Force Majeure: No party shall be liable for any default or delay in the performance of its obligations under this Contract due to an act of God or other event to the extent that: (a)the non-performing party is without fault in causing such default or delay; (b) such default or delay could not have been prevented by reasonable precautions; and(c) such default of delay could not have been reasonably circumvented by the non-performing party through the use of alternative sources,work-around plans or other means. Such causes include but are not limited to: act of civil or military authority(including but not limited to courts and administrative agencies); acts of God;war,terrorist attacks; not; WDBC Document No. W-1708-2013 Page G-13 Attachment G—Special Conditions 8/20/20 Page 374 of 1055 PROGRESSIVE DESIGN/BUILD AGREEMENT FOR RECLAIMED WATER DISTRIBUTION SYSTEM insurrection; inability of CITY to secure approval,validation, or sale of bonds; inability of CITY or DESIGN/BUILD FIRM to obtain any required permits, licenses or zoning, blockades; embargoes; sabotage; epidemics; fires;hurricanes; tornados; floods, or strikes. In the event of any delay resulting from such causes, the time for performance of each of the parties hereunder (including the payment of monies if such event actually prevents payment) shall be extended for a period of time reasonably necessary to overcome the effect of such delay, except as provided for elsewhere in the Contract Documents. In the event of any delay or non-performance resulting from such causes, the party affected shall promptly notify the other in writing of the nature, cause, date of commencement and the anticipated impact of such delay or non- performance. Such written notice, including Change Orders, shall indicate the extent, if any, to which it is anticipated that any delivery or completion dates will be thereby affected. 29. Interruptions: In situations whereby DESIGN/BUILD FIRM deems it necessary to interrupt operations, only a twenty-four(24)hour downtime is permissible. WDBC Document No. W-1708-2013 Page G-14 Attachment G—Special Conditions 8/20/20 Page 375 of 1055 / �� 370 E.Crown Point load,Winter Garden, FL 34787 Ionone 407.877.0903 eoamuerresnr Fax:407.877.0912 www.garney.com Chris Roschek August 13,2020 Boynton Beach Utilities 124 E.Woolbright Rd. Boynton Beach,FL 33435 RE: Reclaimed Water Distribution Project-Phase I Scope and Fee Dear Mr.Roschek, Garney Companies,Inc. (Garnet')is pleased to submit our proposed scope for the Phase I—design development to 60%and guaranteed maximum price(GMP)submission for the Boynton Beach Reclaimed Water Distribution Project. A summary of the overall components of the project include the following: 1. The design and installation of up to 3.14 miles of new reclaimed water transmission main,including one(1)intracoastal crossing,to service the fourteen(14)customers identified in the Phase I documents provided by Carollo. a. Phase 1A i. Snug Harbor ii. Seagate iii. Tuscany at the Intracoastal iv. Coastal Bay v. Hampshire Gardens vi. Jaycees Park vii. Los Mangos viii. St.Andrews Golf Club b. Phase 1B i. Villa Del Sol ii. Colonial Club iii. Estancia Bay iv. Seabourn Cove Apts. v. Little Club c. Phase 1C i. Gulf Stream 2. The following reclaimed water system connection will also be required: a. Connection to an existing reclaimed water main near the northwest corner of SW 23,a Ave and S Seacrest Blvd. b. Connection to an existing reclaimed water main near the corner of SE 121h Ave and SE 41h St. 3. The parallel pipe segment identified in Carollo's Project Memorandum has not been included in this initial scope of services as it was recommended to be included as part of the Phase 2 expansion. Phase I services are intended to develop the design of the aforementioned pipeline to a 60%design level as well as provide Boynton Beach with a GMP and schedule to complete remaining design, permitting and construction as part of Phase II of the project. The scope tasks and subtasks associated with Phase I services are described below. Page 376 of 1055 SCOPE OF SERVICES-PHASE I TASK 1-General Project Management and Design Project Execution Subtask 1.1: General Project Management—Garney will provide the general project management of the Design- Build team's activities throughout the duration of the Phase I scope of services. General management activities will include developing and maintaining project controls related to project reporting and invoices submitted to Boynton Beach for review and approval on a monthly basis electronically.Please refer to Task 6—Pre-Construction Services scope for a detailed breakdown of monthly documents to be provided. In addition, this subtask will include general management of subconsultant and subcontractor contracts, including final scoping, contract executions,general coordination and invoicing. Subtask 1.2: Project Scheduling—Garney will develop and update the project schedules from project inception through the execution of Phase I services. Following NTP from Boynton Beach, an Interim Schedule will be provided to detail the design and pre-construction activities to be completed. This Interim Schedule will be cost loaded. The initial Baseline schedule depicting both design and construction activities will be provided with the Phase 1 30% deliverable and enhanced monthly with greater detail as 60% and GMP design milestones are achieved. Baseline schedules will also be cost loaded. Schedules will be provided in CPM format and compatible with Microsoft Project.All schedule submissions can be provided in both native and PDF file format. Subtask 1.3: Progress Meetings with Boynton Beach Utilities—Upon the NTP for Phase I services and receipt of Carollo's hydraulic modeling and system improvement recommendations,Garney will schedule a project kickoff workshop to be held between Boynton Beach and key team members of Gamey's Design-Build team. The kickoff workshop agenda will include a discussion on the project goals and objectives, scope of the project and Phase I services, challenges or issues,schedule, and communication protocols. A site visit is planned to be held after this meeting. Garney will prepare the agenda and meeting minutes from the kickoff workshop and distribute to the team. During the execution of Phase I services the Garney Team anticipates the following meetings to occur: • 1.3—11 Monthly Progress Meetings—3 hours(each) • 1.6-Pipeline Route Analysis Meeting—2 Hours(each) • 2.10-Technical Memorandum Review/Workshop Meeting—4 Hours • 3.7&4.7-Design Deliverable Meetings—30 and 60 percent—4 hours(each) Garney and its team members will prepare the meeting agendas, conduct meetings (at a location preferred by Boynton Beach Utilities),record and publish meeting minutes after each meeting. Subtask 1.4: Design-Builder Internal Progress Meetings—During Phase I services the Garney Design-Build team will hold monthly coordination meetings with the Design-Build Team for coordination of pipeline design,routing, connection points and alternatives. We anticipate these meetings being attended by lead design and construction personnel with additional attendees as needed. Subtask 1.5: Design Technical Reviews —The Garney Team's lead designer — Holtz Consulting — will provide design technical reviews of the pipeline. Technical reviews will be performed at the 30 and 60 design milestones. Page 377 of 1055 TASK 2-Project Planning Subtask 2.1 &2.2: Evaluate Carollo's Modeling to Confirm Sizing of Reclaimed Water Main—Upon receiving the modeling and system improvement recommendations from Carollo, the Garney Team will evaluate and confirm the sizing of the pipeline. The initial evaluation will be completed prior to the technical memorandum is issued. A meeting to review and discuss the results will be held with Boynton Beach and consensus obtained for incorporation into the memorandum. Subtask 2.3-2.6:Evaluate RWMRoutes—The Garney Team will perform a route analysis and will evaluate design, constructability, easement needs & availability, cost, schedule and public impacts. Boynton Beach Utilities shall provide a copy of all available documents for its facilities and planned projects in the area and pertinent to the design including,but not limited to,the following:original project definition,existing reports,as-built and record drawings of the Boynton Beach utility systems, and any known non-owned utilities within its properties and easements. Fiber optic conduit, natural gas main, and electric transmission systems will be obtained from their respective facility Owners via design tickets.The analysis will be provided electronically to Boynton Beach Utilities in advance of a meeting to discuss route evaluations of all pipelines, as well as included in the technical memorandum. The Garney Team anticipates crossing a railroad and intracoastal. As a result, four (2 hours each) meetings are included in this task for coordination. Subtask 2.7-2.9: Develop Technical Memorandum - During the schematic design phase, the Garvey Team will focus on defining the project scope, finalizing the design criteria for the reclaimed water main, and determine locations for trenchless crossings. The result of this phase will be a Technical Memorandum (10% Design Document)which includes: • Summary of route evaluation • Proposed revisions and/or modifications to the recommendations provided for the reclaimed water main • Evaluation and skematic drawings of the evaluated route—these will be based on aerials and GIS,survey will not begin until the route is finalized • Identification of major pipeline components • An opinion of probable construction cost(OPCC)including estimated quantities • A list of Boynton Beach Utilities standards and details required for the project (based on the current Standards) Subtask 2.10 & 2.11: RWM Technical Review & Workshop — Gamey's Design Team will perform a quality assurance and quality control review of the technical memo.The comments will be reviewed and incorporated into the next phase of the work.Garvey will provide Boynton Beach with an electronic copy for review and comment. Garney has allotted a total of one calendar week for Boynton Beach Utilities' review. A project workshop will be held to review the document and receive comments. Any changes will be documented and incorporated into the 30 Percent Conceptual Design. The Garney Design Team will prepare the agenda for the meeting and provide meeting minutes documenting decisions and action items. TASK 3-RWM Conceptual Design Phase (30%) Subtask 3.1 &3.7. RWM Site Survey/SUE/Easements—Garney's SUE subconsultant shall perform GPR of the route right-of-way.The Garney Team and City will review this information to determine a general location for the pipeline and determine the appropriate survey and SUE limits for design. Gamey's land surveying subconsultant shall perform the site survey of the selected reclaimed water main route. The route survey will include horizontal and vertical control, property limits, topographic features, SUE locations, Sunshine One Call marked existing utility locations (with sewer manhole and storm inlet depths), location and characteristics of power and communications systems above grade, trees (size and species) larger than 6-inch in diameter, spot elevations of roadway at 100' intervals including curb, sidewalk and edge of pavement. Survey limits are right-of-way to road centerline based on initial site walk and route designation for Phase 1A—6,100 LF,Phase 1B—7,350 LF and Phase 1C—3,150 LF.Survey is expected to progress concurrently between two or more phases of work which will likely allow us to expedite the Phase 1C section. One cross-section of the Gulfstream canal in plan and profile will also be provided. From preliminary site reconnaissance, the level of underground utility and service lines within the Page 378 of 1055 project will vary by route option. As result, Garney has included initial utility locating and designation services utilizing ground penetrating radar and electromagnetic induction for horizontal locations as well as planned a total of 100 soft digs (SUE) included for the reclaimed main route. This scope may include survey and SUE activities occurring within the roadway and railroad right-of-way. As result,we have included an allowance for MOT and permitting costs of$15,500. Garney has included allowance of$3,000 for two sets of sketch and legal during easement acquisition services if needed. It is assumed all other easement services required for the project will be performed by Boynton Beach Utilities. Please note Garney has not included any services or fees related to environmental surveys or wetland flagging at this time. Subtask 3.2: RWMMOT—Garney's subconsultants,CES and Scalar,will meet as necessary to confirm the roadway specific MOT requirements and FDOT Indices. CES and Scalar will prepare the MOT plan documents for the 30% Conceptual Design Document. Effort includes all analysis necessary to develop a traffic control plan, such as determining lane configurations, lane closure analysis, and creating a pedestrian traffic control plan. Effort has been included to attend phase review meetings and FDOT construction agreement coordination and a pre- application meeting with FDOT (District 4) due to the proposed work along SR 5. Coordination with Boynton Beach,PBC Traffic,Palm Tran and FEC are also included. Subtask 3.3-3.5: 30%RWM Conceptual Design-A 30 percent Conceptual Design will be developed for the new reclaimed water main including a summary of the proposed routes, recommended MOT, location of trenchless crossings and proposed installation methods. The result of this phase will be the deliverable called the 30 Percent Conceptual Design and incorporate: • Plan views of the reclaimed water main routes using Boynton Beach Utilities plan standards. • List of proposed specifications • Updated OPCC and variance from the Technical Memo estimate for each project component • Project schedule and estimated construction duration Subtask 3.6: 30% RWM Technical Review & Workshop —The Garney Team's technical experts will perform a quality assurance and quality control review of the Conceptual Design. The comments will be reviewed and incorporated into the document.Holtz will provide an electronic copy of the document for Boynton Beach Utilities' review and comment,including its O&M Staff.Garney has allotted a total of two calendar weeks for Boynton Beach Utilities'review.A workshop will be held for the Conceptual Design to review the document and receive Boynton Beach Utilities' comments. Any changes will be documented and incorporated into the 60 percent design documents. TASK 4—RWM Design Development Phase (60%) Subtask 4.1: Geotechnical Investigation —The Garney Team shall perform geotechnical investigations along the proposed reclaimed water main route. Thirteen Standard Penetration Tests (SPT) have been included in the proposal and will be performed in multiple locations. The geotechnical engineer will coordinate permitting, location of utilities and five(5)days of maintenance of traffic for their geotechnical investigations of the reclaimed water main route. Nineteen (19) borings to fifteen (15) feet in depth have been included for along the open cut route. Six(6)borings to thirty(30)feet have been included for the railroad crossing and other potential trenchless installation locations.Two(2)borings to fifty(50)feet in depth have been included for the Gulfstream intracoastal crossing. The recovered soil samples will be described in the field by the field crew. The field logs and samples will be delivered to the subconsultant's laboratory where the logs will be reviewed, and the samples classified by a geotechnical engineer.A report will be provided with the results of the field and laboratory testing,including CAD sheets for soil profiles and a summary of any construction considerations to be evaluated. Observed and seasonal Page 379 of 1055 high ground water level will be estimated for each boring. The Team will perform a document search of recorded contaminated sites within 500 feet of the wastewater force main route components.If none are found based on this information,Garney will submit a Notice of Intent(NOI)to dewater under the generic permit. Subtask 4.2-4.6: RWM 60% Design - Upon approval of the Conceptual Design, the Garney Team will proceed immediately into the 60%design stage.The Garney Team will prepare the joint effort design drawings for Boynton Beach Utilities'review.Plan and drawings will be prepared per Boynton Beach Utility standards.Profile drawings will be included for crossings where required by the permitting authority. Technical specifications for specific or non-Boynton Beach Utility Standard construction methods, products or materials will be developed. A review meeting to discuss comments will be held. The Garney Team will provide an electronic copy of the document for review and comment.Garney has allotted a total of two calendar weeks for the City's review.The Garney Design- Build Team will provide a QA/QC and constructability review of the drawings and specifications for technical accuracy.A project workshop will be held for the 60 percent design to review the document and receive the City's comments,including its O&M Staff. Any changes will be documented and incorporated into updated 60% design documents.Garney will prepare the agenda for the meeting and provide meeting minutes documenting decisions and action items. TASK 5—Develop Guaranteed Maximum Pricing The Garney team will provide a GMP and schedule based on a 60 percent design and pre-construction activities performed during Phase I. The 60 percent document will consist of plans and specifications incorporating final comments from Boynton Beach at the 60 percent review meeting as well as any VE efforts agreed to by the team. The GMP submittal will generally include cost and schedule components for tasks necessary to complete Phase II, including: • Completion of Design to 100 percent • Project Permitting—Submittal and Permit Acquisition • Design Support Services during Construction • Construction Cost • Construction and Design Contingency • Project Allowances • General Conditions • Design-Builder's Fee The GMP submittal will include a listing of documents(plans and specifications), assumptions and clarifications used as a basis of developing the GMP. One week has been allotted for the City's review of the GMP submittal. Following the City's review,a GMP workshop will be held to address any comments received. The submittal will include a proposed schedule of values establishing design and construction components with sufficient detail to utilize for progress billings. The cost for developing the GMP deliverables is based on the assumption that Garney will be able to self-perform the pipeline installation scopes of work and solicitationibidding efforts will be focused on restoration and support activities (ie. Erosion control, paving, concrete, HDD,jack and bore). In addition, the baseline schedule developed during Phase I will be updated and included in the submittal, identifying the estimated completion date for Phase II.As mentioned in Task 3,with design taking place concurrently among two or more phases of work,we expect to expedite Phase 1C and provide a separate GMP for that phase of construction. TASK 6—Pre-Construction Services Subtask 6.1: Develop & Update Risk Register—Garney will develop and provide an initial Risk Register at the Technical Memo deliverable meeting for the City's initial review and comment. The Risk Register will identify design risk components related to easement acquisition, utility conflicts, service interruptions, subsurface conditions, environmental constraints and permitting. Construction risk items related to MOT, subcontractor availability, material availability, material and specialty equipment lead times and price volatility. The Risk Page 380 of 1055 Register will be updated and provided at each deliverable with in-depth reviews provided at the design deliverables meetings. Subtask 6.2: Value Engineering-After submittal of the 10%Design Document Garney will begin developing a list of value engineering(VE)items for consideration at monthly progress meetings. New VE items will be reviewed at these meetings,with Boynton Beach Utilities ultimately determining as to whether or not to pursue the VE item further. If an item is selected,the Garney Team will investigate the VE item further and present the findings at a future progress meeting. The analysis will address cost savings, schedule savings and effects on design and permitting. A VE log will be maintained throughout Phase I services to summarize the overall result of the VE process. Subtask 6.3: Cost Estimating and Updates—The Garney Design-Build Team will provide Opinions of Probable Construction Cost estimating up to the 60 percent design level. Cost estimates will be provided at the 10% and 30% design level with 60% cost estimating provided with modifications to match the GMP submission format required for this Project. Each cost estimate will include the following major components: • Phase II Design Costs • Reclaimed Water Main Construction Costs • Permitting Costs • General Conditions • Design-Builder's Fee • Contingency and Allowances Each construction cost estimate will be provided with a schedule of value,identifying major components including but not limited to pipeline(LF),fittings(EA),valves(EA),appurtenances(EA),trenchless crossings(LF),pavement restoration(SY),surface restoration(SY)and testing(LS). The cost estimate format will be provided in advance of the 10 percent design level for the City's review and comment. Formatting will remain consistent throughout Phase I to clearly identify changes in cost as the design level advances. Subtask 6.4: Subcontractor Bid Packages—During Phase I services,bid solicitation packages will be developed for scopes of work not self-performed by Garney. Anticipated bid packages are as follows: • Trenchless Installations • Erosion Control • Surface Restorations • Pavement Resurfacing • Concrete Restoration Bid packages shall include project documents, including construction plans and specifications developed to a 60 percent level, subcontract agreements, applicable Boynton Beach Utility standards and anticipated construction schedule. Bid packages will be accessed electronically by perspective bidders through a project specific link. Subtask 6.5:SIM/WBE Outreach—Garney will collaborate with the local S/M/WBE group to perform the following tasks during Phase I services: • Identify project scopes aligned with certified S/M/WBE firms • Perform S/M/WBE outreach via email, providing notice of upcoming work, anticipated schedule, subcontractor scopes, project contact information, and document access instructions following 30% and 60%design workshops • Establish S/M/WBE goals for Phase II • Establish bidding packages catered to certified S/M/WBE firms Subtask 6.6: Project Information Reporting Scope - Garney will provide project narrative reporting to Boynton Beach on a monthly basis throughout the duration of Phase I services. Reporting documents will include the following: Page 381 of 1055 • Executive Summary—overview of current issues,problems,delays,pending decisions and achievements • Cost Narrative—current construction cost estimate status of the project • Scheduling Narrative — current status of the overall project schedule & comparison between planned performance versus actual performance Reporting will be provided in electronic format with paper copies provided at progress meetings for review and discussion as warranted. TASK 7—Public Outreach Subtask 7.1-7.3: Public Involvement Plan — The team, including Merchant Strategies, following route establishment and the 30% design review workshop will develop a stakeholder and resident database. With this, a public involvement plan will be developed and submitted with the 60% deliverable to outline project specific, public outreach initiatives to be performed post-GMP and the costs associated with those efforts as they relate to the Phase II construction efforts. Phase I Fee The total fee for Phase I services is $614,277.79. A breakdown of the Phase I fee for the work described in this proposal is included as Exhibit A, along with our projected Phase I Schedule as Exhibit B for your reference. Garney will submit monthly invoices to the City based on a percent complete each month. Upon approval of scope and issuance of the work authorization, our team will proceed immediately with these services. Both Garney and our Design-Build Team look forward to working with the City on this very important project. Should you have any questions or require additional information with this scope, do not hesitate to call me directly at 407-319-1780. Sincerely, GARNEY COMPANIES,INC. Will Poczekaj Sr.Project Manager Enclosures: Exhibit A—Phase I Fee Exhibit B—Phase I Schedule Page 382 of 1055 f ._ ]!]!KK]§]§ 2 \§]])) - . ' §()# \/ , \ 2 y ,,,,,w,,,,,,,,,,,°,,,,,,,, ,,,,,,,»,,,d v �\ . 4 :\ \� \ � / �\ �2 Hill III III Fillik `\ \( : \ ?3I I Hill I : \\ : �( : / ; .,. .,... . ,- „ , `\ \} � - «( - , \ \ \ - :\ • - - \ : - - _ } {); : » - _ - : -- - ( - - § 1 LO 0 00 _ M N � m a 3 F 3 3 3 3 3 m v o _ m s :��po ®R pn p2 ®a po po pn ®R ®R po p2 pn po ®R pn ®R pn pn p2 pn ®R pn pn ®a pn po p4 pn ®R ®o po p2 po po pn ®o ®R pn ®o l� q Q �a � 1 w LO LO O W M N I m (6 a i-o r r r m a a a a a -- - - -- - - - - - - - - - t v v v v t v v � Se m - r m - m m r - r - r r - - - 8 a N & N a a a a a a a a . . C . s m ° iG m . 7.B. Consent Bids and Purchases over $100,000 9/15/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 9/15/2020 Requested Action by Commission: Proposed Resolution No. R20-101 - Approve the Property, Casualty, and Workers' Compensation insurance coverage with Florida Municipal Insurance Trust(FMIT) and authorize City Manager to sign all required documents for the term of the policy: October 1, 2020- September 30, 2021. Explanation of Request: The Gehring Group, the City's Risk Consultant, has identified and negotiated with FMIT to provide excess insurance coverage for our self-insured risk management program. The FMIT program will provide an approximate 6.8% overall decrease in premiums from$958,102 last fiscal year (FY 19/20) to a projected $893,069 this fiscal year (FY 20/21). Our previous insurance was provided through Preferred Governmental Insurance Trust(PGIT). Their proposed renewal projected an approximate 26% increase in premiums from$958,102 last fiscal year (FY 19/20) to a projected $1,212,689 this fiscal year (FY 20/21)which equates to $319,620 more than FMIT's proposed program. In addition to the overall premium savings, FMIT is providing identical or increased coverage amounts. How will this affect city programs or services? Having excess insurance helps the City protect its financial interests in supplementing its existing self-insured risk management program. Fiscal Impact: Budgeted Premium costs will be allocated to the appropriate self-insurance fund budget line items: 522-1710-45-04- Liability Insurance Package (est. $473,451) 522-1710-45-05- Property Insurance Package (est. $255,372) 522-1710-45-09- Workers' Compensation Excess Insurance (est. $104,246) Alternatives: 1. Accept PGIT's renewal for an additional approximate amount of$254,587. Strategic Plan: Strategic Plan Application: Page 386 of 1055 Climate Action: Climate Action Discussion: Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Resolution Resolution approving Property, Casualty and Workers Compensation Insurance with F MIT D Addendum Insurance Coverage Summary Page 387 of 1055 1 RESOLUTION NO. R20- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH,FLORIDA 4 APPROVING THE PROPERTY, CASUALTY, AND WORKERS' 5 COMPENSATION INSURANCE COVERAGE WITH FLORIDA 6 MUNICIPAL INSURANCE TRUST (FMIT) AND AUTHORIZE 7 CITY MANAGER TO SIGN ALL REQUIRED DOCUMENTS FOR 8 THE TERM OF THE POLICY: OCTOBER 1, 2020 - SEPTEMBER 9 30, 2021; AND PROVIDING AN EFFECTIVE DATE. 10 11 WHEREAS, The Gehring Group, the City's Risk Consultant, has identified and 12 negotiated with FMIT to provide excess insurance coverage for our self-insured risk 13 management program; and 14 WHEREAS, The FMIT program will provide an approximate 6.8% overall decrease 15 in premiums from $958,102 last fiscal year (FY 19/20)to a projected $893,069 this fiscal year 16 (FY 20/21); and 17 WHEREAS, staff recommends and the City Commission does hereby approve the 18 Property, Casualty and Workers Compensation insurance coverage with FMIT for an annual 19 amount of$893,069 for the period of October 1, 2020 to September 30, 2021. 20 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 21 THE CITY OF BOYNTON BEACH, FLORIDA AS FOLLOWS: 22 Section 1. Each Whereas clause set forth above is true and correct and incorporated 23 herein by this reference. 24 Section 2. The City Commission hereby approves the renewal of the Property, 25 Casualty and Workers Compensation insurance coverage with FMIT for an annual amount of 26 $893,069 and authorizes the City Manager to sign the required documents for the policy term 27 October 1, 2020 to September 30, 2021. 28 S:ACA\RESO\Property And Casualty General Liability Insurance Renewal(2020)-Reso.Docx Page 388 of 1055 29 Section 3. This Resolution shall become effective immediately upon passage. 30 31 PASSED AND ADOPTED this day of , 2020 32 CITY OF BOYNTON BEACH, FLORIDA 33 34 YES NO 35 36 Mayor— Steven B. Grant 37 38 Vice-Mayor—Ty Penserga 39 40 Commissioner—Justin Katz 41 42 Commissioner—Woodrow L. Hay 43 44 Commissioner— Christina L. Romelus 45 46 VOTE 47 48 ATTEST: 49 50 51 52 53 Crystal Gibson, MMC 54 City Clerk 55 56 57 (Corporate Seal) 58 S:ACA\RESO\Property And Casualty General Liability Insurance Renewal(2020)-Reso.Docx Page 389 of 1055 N � r-4 l r� Q) N �D w m 0 at 'i;� 'a" LI) H Ln CY) LI) lD lD > N :t v w 0 w m cq qt en C00 LI) rn 0 tO CL CL CL CL CL 0 0 0 0 0 (A LI) Lf� rl� 0-0 Ln tv� 883 00 r-4 0 M Ln m w 011 w rj rq 00 10 U U U U 0 0 0 0 0 0 0 m 0 0 000 o 0 O c� c� c� C� m O m IS '0 o 0 r4 0 0 000 0 0 ko 0 0 2 ck Z 0 Ln Ln Ln 0v\ 2 t m — (::� C� C� C� C� 0 M a w U Lnrs _0 0 Ln r4 cl 0 v4 by 0- M 0 a, Ln Ln Ln 2 0 2 0 tb - z <0 < rl qVF=�= tw . < < 0 0 0 0 z 2! 2 0 tw 0 d U 0 0 a- E 000 0 0 0 0 0 0 0 x 0 00 000 0 0 0 0 0 0 0 < LU z Ln < C� C� C� C� C� C� C� C� C� C� 0 0 0 0 0 0 Ln 0 0 o 0 0 C) 0 0 0 0 0 0 0 0 0 0 aj r4 r4 r4 r4 cl Ln Ln waj Lr� E N U r-4 m x V) z Ln 0 > Ln O to LO LO cn ko Ln r� m (TO C) E oo 0 00 a 0 0 00 �l r-4 00 r� 00 cn 0 0 0 0 O>J' ot ") t .�2 -. 0 LU Lo m �4 M Iq 'a li z z CL CL E 2 CL E %600 0 Ln 0 C) U 0 en :t rn cr� d Oi a .2 00 0 N Ln 0 Leo 00 :t m 00 it Ln u Ln C) :t en co aj aj aj aj UU U U > E 0 0 0 0 tb aj 0 aj �D 0 0 000 - o88 6 E 0 0 0 00 0 0 o E Z5 i2 0 0 Z�; (::� 0 00 0 0 000 0 0 o M 0 0 U 0 aj Z 0 0 r4 0 0 Ln Ln Ln 0 0 _r_ 0- al 0- 0- U 1'4 0 0 cn 0 0 0 Ln 0 _0 d Lf� C& d 4 0- 0 0 Ln Ln bD 0q. 0 w 0 00. bD 00 w w aj 00 > < Ln �n < < Ln 111 0 0 ti tw 0 V) 2! 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Consent Bids and Purchases over $100,000 9/15/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 9/15/2020 Requested Action by Commission: Award Task Order F-2-2020 Town Square Maintenance Services as part of Contract No. 009-2511-20/RW for Town Square/City Facilities Maintenance Services, and authorize the City Manager to issue a Purchase Order to in the total amount of$556,951.00 per year. Explanation of Request: Task Order coverage will commence on October 1, 2020 and continue annually for 5 years in accordance with the terms and conditions set forth in City of Boynton Beach Contract NO. 009-2511-20/RW. The Task Order price is$556,951.00 per year, payable per month in arears NET30 upon services rendered. SCHEDULES INCLUDED: 1- Landscape Services 2- Janitorial Services 3- Mechanical & Electrical Services 4- Porter Service 5- Liquidated Damages Schedules SERVICE LOCATION(S): City of Boynton Beach Town Square — (City Hall/Library, Cultural Center, Amphitheater, School House Museum, Kapok Park, Fire Station#1 (HVAC & Landscape only) How will this affect city programs or services? Approval of this request will allow City staff to operate, maintain, and manage all the City Facilities and Grounds within the Town Square project which includes City Hall/Library, Fire Station#1, Cultural Center, Museum, Amphitheater, Kapok Park, and School House Museum. Fiscal Impact: Budgeted Funding is allocated for this project in the Public Works Department, Facilities Division account numbers#001-2511-519.34-10 (Janitorial Services); #001-2511-519.49-17 (Other Contractual Services) and Parks and Grounds Division account numbers#001-2730-572.49-17 (Other Contractual Services). Alternatives: Not issue the Task Order and and utilize a combination of staff and existing vendors. Strategic Plan: Strategic Plan Application: Climate Action: Climate Action Discussion: Page 391 of 1055 Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Addendum Res 20-074 & Executed ABM Contract 009- 2511-20RW - Town Square Maint RW Addendum M CPM Proposal_SOW Boynton Beach I NAL R V9 Task Orde Page 392 of 1055 "CONTRACT NO. 009-2511-20/RW" FOR } "TOWN SQUARE/ CITY FACILITIES MAINTENANCE SERVICES" i THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred i to as "City", and ABM Building Solutions, LLC., 3260 NW 23rd Ave., Suite 100E, Pompano Beach, FL 33069, hereinafter referred to as "Contractor", in consideration of the mutual benefits, terms, and conditions hereinafter specified. WHEREAS, pursuant to Section 287.055, Florida Statutes, the City of Boynton Beach solicited proposals for a non-exclusive Contract to perform professional services with a Contractor, and ti WHEREAS, THE City issued a Request for Qualifications for "TOWN SQUARE/ CITY FACILITIES MAINTENANCE SERVICES, RFQ No. 009-2511-20/RW it and i' WHEREAS, RFQ No. 009-2511-20/RW defined the Scope of Services as s, TOWN SQUARE/ CITY FACILITIES MAINTENANCE SERVICES; and t WHEREAS, the CITY determined that Contractor is qualified to perform the scope i of services set forth in the Request for Qualifications; and { WHEREAS, the City Commission on July 07, 2020, determined that Contractor is qualified for appointment to perform the scope of services set forth in the Request for Qualifications; and 4„ WHEREAS, the City Manager's administrative staff, has successfully negotiated an Agreement with Contractor defining terms and conditions for the performance of maintaining the municipal facilities and grounds services within the scope of the Request y for Qualifications. 1) NOW, THEREFORE, in consideration of the mutual covenants expressed herein, �J the parties agree as follows: c. ARTICLE 1 - SERVICES 1 . 1 Contractor agrees to perform Services Maintaining the Municipal Facilities and Grounds during the term of this Agreement as more specifically set forth in Attachment "A" Scope of Services and Attachment "B" RFQ No.009-2511- 20/RW with Addendum I and 2, which are made a part of this Agreement, including the provision of all labor, materials, equipment and supplies. The u Contractor will develop scopes of work and verification protocols to maintain RFQ 009-2511-20/RW TOWN SQUARE/CITY FACILITIES MAINTENANCE SERVICES C-1 Page 999 A-91 4. 5 t } c performance standards required at all facilities, inclusive of necessary capital planning and upgrades to existing facilities. It is the intent of the City for the Contractor to furnish all materials, labor, supervision, equipment, supplies, fees, expertise, and services for the municipal facilities and grounds on an as needed basis for projects as z requested per each task order. I The Contractor will be expected to submit a competitive proposal for the award of the task order. t The function of the Contractor will be turn-key, including fees, permits and licensing as necessary. The Contractor will work with Facilities, Development, and Utilities Department to review project sites and product specifications. Task orders at this time are not defined, but will be miscellaneous in scope and of varied sizes and complexities as required by the City. The City reserves the right to require Payment and Performance Bonds (P&P) on any project, provided the Contractor is notified of the intent j during the solicitation process, or the City is willing to absorb the actual cost of the P&P bonds after award. When required, the P&P must be filed by the Contractor before any Notice to Proceed will be issued by the City. E The Contractor will be responsible for providing all of the material, labor, equipment, vehicles, tools and services necessary for the City's projects. ` The Contractor will also be responsible for the quality of all work performed i by any and all employees and sub-contractors. The Contractor's responsibilities may include advising city staff, securing the property, providing temporary utilities on site, managing personnel on site, providing site surveying and engineering, disposing or recycling of construction waste, 1 monitoring schedules and, and maintaining accurate records. The Contractor will be responsible to protect all interior and exterior of the City's property during construction, and making any necessary repairs as a result of construction. The Contractor will be responsible for scheduling the drop- off, emptying and picking up of all dumpsters. The contractor will be responsible for all dumpster fees. r The Department may arrange a site visit or a pre-bid meeting where a general overview of existing infrastructure will be discussed. Specifications h and Drawings may be provided based on the Department's desire of specific products. Before any work is performed, the Contractor shall obtain all the permits necessary as applicable from the appropriate state or county agencies. When the work is completed the Contractor shall obtain final release or clearance as applicable from the appropriate agencies. The Contractor may be permitted to subcontract portions of the work to competent sub-contractors. The percentage of the work that the Contractor may subcontract will be identified per Task Order solicitation. The sub-contractors are the responsibility of the Contractor t and not the City. All sub-contractors performing work for the City shall be duly licensed prior to commencement of any work during the 11 { RFQ 009-2511-20(RW TOWN SQUARE/CITY FACILITIES MAINTENANCE SERVICES C-2 Re e 894 of 1 5 contract period. The Contractor shall be fully responsible to the City for 3 acts and omissions of the sub-contractors and persons employed by t them, as they are for acts and omissions of persons directly employed by the, as they are for acts and omissions of persons directly employed by them. 4 } Any work or service to be performed by a sub-contractor must have the prior approval of the City Project representative. The City reserves the right to approve, disapprove or dismiss any sub-contractors with reasonable cause. Rejection of any sub-contractor shall not entitle the I successful bidder adjustment of bid prices. CI The Contractor shall inform the City's Project representative prior to scheduling any sub-contractor's visit to any City facility. Failure by the Contractor to have a sub-contractor approved by the City will not relieve the Contractor of the responsibility to meet, comply with, and fulfill all of ti the terms and conditions of this solicitation and subsequent solicitations. C QUARTERLY REVIEW Quarterly reviews will be performed with the Contractor on the procedures, progress, and performance of the Town Square / City Facilities Maintenance Services Contract t f CHANGE ORDERS The contractor shall notify the Project Manager immediately with any changes or discrepancies to the project, and an email for a change order with pricing shall be submitted to the Project Manager within 48 hours (2 days). PERFORMANCE The Contractor shall perform and comply with all agreements, obligations and conditions contained in this agreement on an r as needed basis for projects as requested per each task order and mutually agreed upon performance measures and provisions contained in each task order. ;t The City's Representative during the performance of the Contract shall be Andrew Mack, Director of Public Works & Engineering, telephone (561) 742 — 6201; Email: MackA@bbfl.us. I The Contractor's Representative during the performance of the contract shall be Michael Houda, telephone 954-531-9341; Email michael.houda@abm.com. i i+ ARTICLE 2 —TERM I# 2.1 The initial term of the contract shall be for five (5) years effective upon date the contract is fully executed by all parties. The City of Boynton Beach Purchasing Manager in consultation with the Finance Director may extend the agreement at the r same terms, and conditions, for two (2) five-year renewals (exercised separately) subject to vendor acceptance, satisfactory performance as determined by the Purchasing Manager, and determination by the Purchasing Manager that renewal RFQ 009-2511-20/RW TOWN SQUARE/CITY FACILITIES MAINTENANCE SERVICES C-3 i rof 4 896 5 { i! i� t # will be in the best interest of the City. An increase in cost of less than 3% for each extension may be approved by the City administration and does not require i Commission approval. I ARTICLE 3 -TIME OF PERFORMANCE 3.1 Work under this Contract shall commence on written notice by the City to the Contract by way of a purchase order executed by the CITY. Contractor shall perform all services and provide all work product required pursuant to this Agreement within the time period set forth in the purchase order, unless an extension of time is granted in writing by the City. a ARTICLE 4 - PAYMENT 4.1 The City will pay the CONTRACTOR shall be paid by the City for performance I of the work performed under each solicitation, or task order that is completed fi in accordance with the solicitations, or task orders at the lump sum or unit prices presented by the CONTRACTOR and accepted by the City. a. Payment for the work provided by CONTRACTOR shall be made , promptly on all invoices submitted to the City properly, provided that ,R the total amount of payment to CONTRACTOR shall not exceed the total contract price without express written modification of the € i Agreement signed by the City Manager or her designee. I i b. The CONTRACTOR may submit invoices to the City once per month during the progress of the work for partial payment for project completed to date. Such invoices will be reviewed by the City, and upon approval thereof, payment will be made to the CONTRACTOR in the amount approved within thirty (30) days. I c. Final payment of any balance due the CONTRACTOR 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. r I d. Payment as provided in this section by the City shall be full j compensation for work performed, services rendered and for all materials, supplies, equipment and incidentals necessary to complete ` the work. e. The CONTRACTOR'S records and accounts pertaining to this agreement are to be kept available for inspection by representatives of the City and State for a period of three (3) years after the termination of the Agreement. Copies shall be made available upon request. i ARTICLE 5 - OWNERSHIP AND USE OF DOCUMENTS t RFQ 009-2511-20/RW TOWN SQUARE/CITY FACILITIES MAINTENANCE SERVICES C-4 3' 5 I 5.1 Upon completion of the project and final payment to Contractor, all documents, drawings, specifications and other materials produced by the Contractor in connection with the services rendered under this agreement shall be the property of the CITY whether the project for which they are made is executed or not. Notwithstanding the foregoing, the Contractor shall maintain the rights to reuse standard details and other design copies, including reproducible copies, of drawing and specifications for information, reference and use in connection with Contractor's endeavors. Any use of the documents for purposes other than as originally intended by this Agreement, without the written consent of Contractor, shall be at the City's sole risk and without liability to Contractor and Contractor's sub-contractor. ARTICLE 6 - F N INC` t 6.1 This Agreement shall remain in full force and effect only as long as the expenditures provided in the Agreement have been appropriated by the City in the annual budget for each fiscal year of this Agreement, and is subject to termination based on lack of funding. i ARTICLE 7 - WARRANTIES AND REPRESENTATIONS i 7.1 Contractor represents and warrants to the City that it is competent to engage in the scope of services contemplated under this Agreement and that it will retain and assign qualified professionals to all assigned services during the term of this Agreement. Contractor's services shall meet a standard of care for professional engineering, architectural and related services no less than the standard of care for engineering, architectural and construction professionals practicing under similar conditions. In submitting its response to the RFQ, Contractor has represented to CITY that certain individuals employed by Contractor shall provide services to CITY pursuant to this Agreement. CITY has relied upon such representations. Therefore, Contractor shall not change the designated Project Manager for any project without the advance written approval of the City, which consent may be withheld in the sole and absolute discretion of the City. Notwithstanding the E foregoing, with regard to equipment and goods manufactured by third parties, Contractor's sole obligations with regard to defects shall be to extend to CITY the benefits of any warranty Contractor has received from the manufacturer ' and to act on behalf of the CITY for purposes of processing any warranty claims against applicable manufacturers within a reasonable timeframe. Such obligation includes only administrative processing and not enforcement or E litigation and Contractor shall not be liable for the failure of any third party manufacturer warranties for any reason. ARTICLE 8 - COMPLIANCE WITH LAWS G j 1 8.1 Contractor shall, in performing the services contemplated by this service Agreement, faithfully observe and comply with all federal, state and local laws, ordinances and regulations that are applicable to the services to be rendered under this Agreement. I RFQ 009-2511-20/RW TOWN SQUARE/CITY FACILITIES MAINTENANCE SERVICES C-5 Page 89:7 of 1 5 i'; i i ARTICLE 9 - INDEMNIFICATION 9.1 Contractor shall indemnify, defend and hold harmless the CITY, its offices, agents and employees, from and against any and all claims, losses or liability, or any portion thereof, including reasonable attorney's fees and costs, arising from injury or death to persons, including injuries, sickness, disease or death to Contractor's own employees, or damage to property Caused by a negligent act, omission or failure of the Contractor. Neither party to this Agreement shall t be liable to any third party claiming directly or through the other respective party, for any special, incidental, indirect or consequential damages of any kind, including but not limited to lost profits or use that my result from this n Agreement or out of the services or goods furnished hereunder. t ARTICLE 10 - INSURANCE 10.1 During the performance of the services under this Contract, Contractor shall maintain the following insurance policies and shall be written by an insurance J company authorized to do business in Florida. I 10.1.1 Worker's Compensation Insurance: The Contractor shall procure and maintain for the life of this Contract, Worker's Compensation Insurance covering all employees with limits meeting all applicable 1 state and federal laws. This coverage shall include Employer's Liability with limits meeting all applicable state and federal laws. This coverage must extend to any sub-contractor that does not have their j t own Worker's Compensation and Employer's Liability Insurance. The j policy must contain a waiver of subrogation in favor of the City of Boynton Beach, executed by the insurance company. I 10.1.2 Comprehensive General Liability: The Contractor shall procure and maintain for the life of this Contract, Comprehensive General Liability j Insurance. This coverage shall be on an "Occurrence" basis. i Coverage shall include Premises and Operations; Independent Contractors, Products Completed Operations and Contractual Liability with specific reference of Article 7, "Indemnification" of this Agreement. This policy shall provide coverage for death, personal injury or property damage that could arise directly or indirectly from the performance of this Agreement. 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 Contractor shall prohibit cancellation of the policy upon thirty (30) days prior written notice to the CITY. 10.1.3 Business Automobile Liability: The Contractor shall procure and t maintain, for the life of this Contract, Business Automobile Liability Insurance. The Contractor shall maintain a minimum amount of $1,000,000 combined single limit for bodily injury and property t RFQ 009-2511-20/RW TOWN SQUARE/CITY FACILITIES MAINTENANCE SERVICES C-6 Page-398 al 1 5 damage liability to protect the Contractor 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 F automobiles, whether such operations be by the Contractor or by anyone directly or indirectly employed by the Contractor . i 10.1.4 Professional Liability (Errors and Omissions) Insurance: The Contractor shall procure and maintain for the life of this Contract in the < minimum amount of$1,000,000 per occurrence. i 10.2 It shall be the responsibility of the contractor to ensure that all sub-contractors comply with the same insurance requirements referenced above. z 10.3 In the judgment of the CITY, prevailing conditions warrant the provision by the Contractor of additional liability insurance coverage or coverage which is different in kind, the City reserves the right to reasonably request the provision by Contractor of an amount of coverage different from the amounts or kind previously required and shall afford written notice of such requested change in requirements thirty (30) days prior to the date on which the requirements shall take effect. Should the parties fail to mutual agree to the C 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 J upon written notice to the Contractor, said termination taking effect on the date that the required change in policy coverage would otherwise take effect. 10.4 Contractor shall, for a period of two (2) years following the termination of the Agreement, maintain a "tail coverage" in an amount equal to that described above for Comprehensive Liability Insurance on a claim- made j, policy only. I ARTICLE 11 - INDEPENDENT CONTRACTOR 11.1 Contractor is an independent contractor with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither Contractor nor any employee of Contractor shall be entitled to any benefits accorded City employees by virtue of the services provided under this Agreement. The CITY shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial 1 insurance program, otherwise assuming the duties of an employer with respect to Contractor, or any employee of Contractor. ARTICLE 12 - COVENANT AGAINST CONTINGENT FEES 12.1 The Contractor warrants that he has not employed or retained any company or person, other than a bonafide employee working solely for the Contractor, to solicit or secure this Agreement, and that he has not paid or agreed to pay any company or person, other than a bonafide employee working solely for the Contractor, any fee, commission, percentage, brokerage fee, gifts, or any C RFQ 009-2511-20/RW TOWN SQUARE/CITY FACILITIES MAINTENANCE SERVICES C-7 Re e 899 of 1 5 i c other consideration contingent upon or resulting from the award or making of I this Agreement. For breach or violation of this warranty, the City shall have the right to annul this Agreement without liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. ARTICLE 13 —TRUTH-IN-NEGOTIATION CERTIFICATE 1 13.1 Execution of this Agreement by the Contractor shall act as the execution of a truth in-negotiation certificate certifying that the wage rates and costs used to determine the compensation provided for in this Agreement is accurate, j complete, and current as of the date of the Agreement and no higher than those charged the Contractor's most favored customer for the same or substantially similar service. f 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 p � 9 representations of fees paid to outside contractors. The City shall exercise its rights under this "Certificate" within one (1) year following payment. ARTICLE 14 - DISCRIMINATION PROHIBITED 14.1 The Contractor, with regard to the work performed by it under this Agreement, will not discriminate on the grounds of race, color, national origin, religion, { creed, age, sex or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. ARTICLE 15 - ASSIGNMENT 1 15.1 The Contractor shall not sublet or assign any of the services covered by this j Agreement without the express written consent of the CITY. ARTICLE 16 -NON-WAIVER I 16.1 A waiver by either CITY or Contractor of any breach of this Agreement shall j 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 4 rights with respect to any other or further breach. The making or acceptance i 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 17 — TERMINATION 'i 17.1 Termination for Convenience: This Agreement may be terminated by either party for convenience, upon thirty (30) days of written notice by the terminating party to the other party for such termination in which event the t Contractor shall be paid its compensation for services performed to termination date, including services reasonably related to termination. In the RFQ 009-2511-20/RW TOWN SQUARE/CITY FACILITIES MAINTENANCE SERVICES C-8 tPago 400 Gf 1015 rt (i 1 (' event that the Contractor abandons the Agreement or causes it to be terminated, Contractor shall indemnify the CITY against loss pertaining to this termination. ARTICLE 18 - DISPUTES i i 18.1 Any dispute arising out of the terms or conditions of this Agreement shall be adjudicated within the courts of Florida. Further, this Agreement shall be construed under Florida Law. t ARTICLE 19 —UNCONTROLLABLE FORCES 19.1 Neither the CITY nor Contractor shall be considered to be in default of this Agreement if delays in or failure of performance shall be due to Uncontrollable Forces, the effect of which, by the exercise of reasonable diligence, the non-performing party could not avoid. The term "Uncontrollable Forces" shall mean any event which results in the prevention or delay of performance by a party of its obligations under this Agreement 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 governmental actions. 19.2 Neither party shall, however, be excused from performance if non- performance is due to forces which are preventable, removable, or remediable, and which the non-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 ti 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 Agreement. 4 } } ARTICLE 20 - blOTICES Notices to the City of Boynton Beach shall be sent to the following address: City of Boynton Beach Attn: Lori LaVerriere, City Manager 100 East Ocean Avenue Boynton Beach, FL 33435 1 Notices to Contractor shall be sent to the following address: c Firm Name: ABM Building Solutions, LLC. Attn: Chad Armstrong 3260 NW 23rd Ave., Suite 100E Pompano Beach, FL 33069 Tel: 954-531-9341 Fax: 813-361-0796 Email: chad.armstrong@abm.com RFQ 009-2511-20/RW TOWN SQUARE/CITY FACILITIES MAINTENANCE SERVICES C-9 Page 494 5 l ti ARTICLE 21 - INTEGRATED AGREEMENT 21.1 This Agreement, together with the RFQ and any addenda and/or l attachments, represents the entire and integrated agreement between the CITY and the Contractor and supersedes all prior negotiations, representations, or agreements written or oral. This Agreement may be amended only by written instrument signed by both CITY and Contractor. t ARTICLE 22 -SOVEREIGN IMMUNITY 22.1 CITY is a political subdivision of the State of Florida and enjoys sovereign immunity. Nothing in the Agreement is intended, nor shall be construed or interpreted, to waive or modify the immunities and limitations on liability provided for in Section 768.28, Florida Statute, as may be emended from �t time to time, or any successor statute thereof. To the contrary, all terms and provisions contained in the Agreement, or any disagreement or dispute concerning it, shall be construed or resolved so as to insure City of the limitation from liability provided to any successor statute thereof. To the contrary, all terms and provision contained in the Agreement, or any disagreement or dispute concerning 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. 22.2 In connection with any litigation or other proceeding arising out of the Agreement, each 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 sovereign immunity, or extend City's liability beyond the limits established in Section 768.28, Florida Statutes, as amended. 1. Claims, disputes or other matters in question between the parties to this p q p Agreement arising out of or relating to this Agreement shall be in a court of law. The City does not consent to mediation or arbitration for any matter connected to this Agreement. E f 2. The parties agree that any action arising out of this Agreement shall take place in Palm Beach County, Florida. ' ARTICLE 23 —FORIDA'S PUBLIC RECORDS LAW i 23.1 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: 23.2 Keep and maintain public records required by the City to perform the service; 23.3 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 r Chapter 119, Florida Statue or as otherwise provided by law; RFQ 009-2511-20/RW TOWN SQUARE/CITY FACILITIES MAINTENANCE SERVICES C-10 I{ 23.4 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 provide copies of such confidential and exempt records remaining in its possession once the Contractor transfers the records in its possession to the City; and, 23.5 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 ` h 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. 23.6 IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 115, FLORIDA STATUTES, TO THECONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: 1 C CRYSTAL GIBSON, CITY CLERK 100 EAST OCEAN AVENUE BOYNTON BEACH, FLORIDA, 33435 561-742-6061 GIBSONg@Rg,FL.USI ARTICLE 24. SCRUTINIZED COMPANIES 287.135 and 215.473. 24.1 By execution of this Agreement, in accordance with the requirements of F.S. j 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 I contract. The City shall provide notice, in writing, to Contractor of the City's determination concerning the false certification. Contractor shall have five f (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 Agreement and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time. s RFQ 009-2511-20/RW TOWN SQUARE/CITY FACILITIES MAINTENANCE SERVICES C-11 Page Q9 5 I I Q i ' I "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 a 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 , 2020. i CITY OF BOYNTON BEACH ABM Building Solutions, LLC. I Lori LaVerrieiiwity Manager C , G al Manager li rIN 'M KWJJJ, I, Attest/Authenticated: � � � 7 1 'sa /d (Corporate Seal) Cit Jerk i i l Approved as to Form: Attest/Authenticated: i O c of the City Attorney itn s i 1 i I RFQ 009-2511-20/RW TOWN SQUARE/CITY FACILITIES MAINTENANCE SERVICES 5 C-10 C 5 } I i t, TTACMENT "A" j 4 SCOPE OF SERVICES 1. BACKGROUND t I� The City of Boynton Beach, located in Palm Beach County, Florida, is a full-service municipality serving a population of 75,000 citizens. The City currently operates and maintains municipal buildings at various locations within the c City's 16.5 square mile boundary. These include Police and Fire facilities, Recreation buildings, City Hall, and other City owned facilities. 2. OBJECTIVES l All services shall include all necessary labor charges, tools, fuel, equipment and materials delivered and installed in accordance with N.F.P.A, local and State regulations, ASHRE, OSHA and District Master Specifications 2.1 Ongoing Facilities Management: (i The City currently operates, maintains, and manages the Municipal Facilities and Grounds with a combination of City personnel and contractors. The selected Contractor will develop a comprehensive facilities management program to efficiently and cost effectively operate and a maintain all City Facilities, including routine, preventative and on-call facility maintenance and management services. The service contracts resulting from this RFQ will require the Contractor to provide all operations and maintenance staff and be responsible for the following: 2.1.1 Janitorial and Maintenance Staffing F The Contractor shall provide enough supervised staff for all aspects of facility to ala management, cleaning and maintenance, and for all costs including hiring, training, and st administering all personnel-related issues to complete the maintenance requirements at all City Facilities. Additionally, service levels shall provide the ability to respond immediately to situations involving the health and safety of employees or the public; E comfort and operational capability of any public meeting space. Contractor shall also provide a full-time Manager. 2.1.2 Vehicles „? Contractor shall furnish and maintain Contractor owned vehicles and light duty service trucks to carry on daily operations. Contractor shall also be responsible to provide fuel for these vehicles. 1 �u 2.1.3 Equipment } l#f Contractor shall be responsible for the acquisition, maintenance and repair of all hi equipment needed to perform the scope of work contracted by the City. � II! ftge '405 of 1055 y z 2.1.4 Supplies and Inventory Control fi J Contractor shall be required to assist the City with the procurement and inventory control s of all supplies and materials required to operate and maintain the municipal facilities and i grounds. Contractor shall be responsible for the safe storage of all materials and equipment. The Contractor will be required to provide a formal theft prevention plan. ii 2.1.5 Litter Control The Contractor shall retrieve and dispose of all litter and debris on a daily basis. This shall include constant monitoring of the grounds during the hours of operation and C disposing of all litter and debris as needed. 2.1.6 Electrical Systems Maintenance The Contractor shall provide highly skilled licensed labor capable of maintaining all i electrical systems Citywide. Will require a plan for annual: testing of all switch gear, infrared scans on all electrical components and generator load bank tests. Contractor shall provide a written PM program and provide performance reports. i 2.1.7 Heating-Ventilation-Air Conditioning (HVAC) Maintenance and Monitoring h HVAC services shall be provided without interruption throughout City Facilities. The i Contractor's maintenance and operations responsibility for HVAC service always 3 extends throughout all mechanical systems within the facilities and that heating ventilating or air conditioning service is required. All cleaning, testing, full-service maintenance shall be done at Contractor's sole cost and expense. 2.1.8 Landscape Maintenance li The Contractor will be responsible for all maintenance of the exterior grounds of the 1 facilities, including signage, landscaping, parking lot lightning and parking areas, the grass, mulch and shrubs must always be maintained and/or replaced to enhance the current landscaping theme. The Contractor will be responsible for providing all equipment necessary including but not limited to blowers, mowers, weed-eaters, rakes, shovels, and other equipment and supplies. The Contractor shall have a state pesticide license. Contractor shall also be responsible for performing monthly wet checks of f irrigation systems including routine repairs. 2.1.9 Other Facilities Services Contractor and City of Boynton Beach may agree to contract other facility-related service or product the Contractor feels might be beneficial to City h 2.2 Capital Improvements Planning, Management and Sustainability: The City intends that the selected Contractor will play a key role in both the development and management of the ongoing capital improvements planning and management process for the municipal facilities and grounds, including participation in the City's sustainability plan as it i relates to the City's facilities and grounds. If included, the Contractor will be required to guarantee the development and installation to perform to specific parameters in regard to the environment and the cost of operating the system, including: Pgge1A06 of 1055 s; i`' tis 2.2.1 Development Costs The Contractor will guarantee the cost of development and engineering services `I �t 2.2.2 Construction Costs t The Contractor will develop a firm maximum price for any capital or sustainability upgrades to be performed s 2.2.3 Performance of Systems The Contractor will develop performance parameters acceptable to the City and guarantee the performance of systems 1 2.2.4 Guaranteed Savings ;1 The Contractor will guarantee savings and perform measurement and verification to validate savings are achieved 1 2.2.5 Investment Grade Audit(IGA) Contractor will conduct an Investment Grade Audit (IGA) of City Facilities. This will include development of forward looking 15-year capital plans for non-routine repairs and equipment replacement that is required to maintain efficient operations. The IGA will also include development of various sustainability measures, including but not limited to water conservation and energy savings. If the Investment Grade Audit confirms that there are guaranteed savings to be t i achieved, the City will either compensate Contractor for the IGA or will enter into an agreement with Contractor to implement upgrades to increase energy efficiency and equipment reliability, in order to fund the necessary improvements in City facilities. 2.2.6 Financing The financial solution will be budget neutral for a term not to exceed 15 years, Contractor will suggest sources of funds in collaboration with the City. r 1 �f i r t i s u i I Ore 1407 of 1055 Y AB,M ,.a ................................................................................................................................ Building Valu TASK ORDER 2-2020 Town Square Operations & Maintenance This Task Order(TO) dated September 15th 2020 declares that ABM Building Solutions shall provide the services described in the operations & maintenance program and schedules indicated below, which are attached hereto and made a part of this TO, in accordance with the terms and conditions set forth in City of Boynton Beach Contract NO. 009-2511-20/RW and the following maintenance State of Work (SOW) pages. BY AND BETWEEN: ABM Building Solutions, LLC City of Boynton Beach 3260 NW 231 Ave, STE 100E 100 E. Ocean Ave Pompano Beach, FL 33069 Boynton Beach FL 33425 Hereinafter "Contractor" Hereinafter "Customer" SERVICE LOCATION(S): City of Boynton Beach Town Square — (City Hall/Library, Cultural Center, Amphitheater, School House Museum, Kapok Park, FS#1 (HVAC & Landscape only) Customized Professional Operations & Maintenance Program II (CPM II) TASK ORDER coverage will commence on October 1, 2020 and continue annually for 5 years in accordance with the terms and conditions set forth in City of Boynton Beach Contract NO. 009-2511-20/RW. The TO price is $556,951.00 per year, payable per month in arears NET30 upon services rendered. SCHEDULES INCLUDED: 1- Landscape Services 2- Janitorial Services 3- Mechanical & Electrical Services 4- Porter Service 5- Liquidated Damages Schedules This proposal will become a binding Task Order only after acceptance by Customer and approved by an officer of Contractor as evidenced by their signatures below. ABM Building Solutions, LLC City of Boynton Beach Signature Authorized Representative) Si nature Authorized Representative) Chad Armstrong Name Print Name Print General Manager Title Title Date Date Proposal PP50502 Sensitive & Proprietary ABM Building & Energy Solutions Page 1 Page 408 of 1055 SCHED. 1 — Landscape & Ground Program SOW ABM,,CUSTOMIZED PROFESSIONAL MAINTENANCE PROGRAM II Building value A. Turf Care Specifications 1. General This comprehensive landscape and turf maintenance service plan is specifically designed for the City of Boynton Beach — Town Center Complex, hereinafter known as "Customer". ABM Building Solutions LLC will be known as "Contractor". All areas shall be inspected daily, as a minimum, for detection of diseases, non-beneficial insects, deficiencies in plant and turf fertility and vitality, adequacy and frequency of irrigation system, and other cultural, horticultural and/or agronomic problems. Issues shall be properly addressed through timely communication and treated to correct upon discovery, if applicable to the contract scope. Customer shall be notified by the Contractor, of all problems encountered so an expedited corrective action can be taken by all parties involved. Contractor shall not be responsible for Acts of God such as freeze, hail or heavy storm damage that would create unusual preparation, cleanup/disposal, pruning, or plant replacements in excess of the normal scope of service. In the event of a major storm (tropical storm and stronger), Customer can substitute regular maintenance hours (mowing and pruning) as replacement hours for storm clean up. This substitution will be at a 1:1 ratio. Example- do not mow this week and those hours will be used for clean-up. Any excessive debris that needs to be hauled away and dumped will be billed accordingly. Contractor shall conduct quarterly Quality Assurance inspections of each Service Area, and submit a copy of this report (QAR) to the Property Manager, with an action plan to correct any deficiencies. The schedule for Service Area QARs is as follows: Q1 January Q2 April Q3 July Q4 October Page 409 of 1055 0 ABM.Mowing Building value a. Mowing of high maintenance Bermuda (Celebration) turf areas shall be performed approximately one hundred and four (104) times per year. Twice weekly through-out the calendar year. Should cold temperatures slow growth during Winter months the Contractor shall notify the Customer a need to reduce mowing frequencies for a short period of time. All mowing shall be performed with specialty mower specifically designed to cut Bermuda turf for a neat, clean appearance. b. Mowing height for Bermuda (Celebration) turfgrass — 1" - 1 '/2 " which will be determine by humane/pedestrian traffic and wear/tear. c. All clippings shall be blown off of all hard surfaces (sidewalks, curbs, paved areas, courtyards, etc.). d. Mower blades shall be kept sharp at all times to prevent the tearing of grass blades which encourages disease and poor aesthetics. e. Various mowing patterns shall be employed to ensure the even distribution of clippings and to prevent ruts in the turf caused by mowing equipment. 3. Edging a. Contractor shall mechanically edge with a stick edger or push edger, all plant bed edges, curbs, sidewalks, streets, and tree rings to maintain a clean, crisp turf edge while maintaining the intent of the boundaries' hard surface lines and soft, edged lines of all planting areas. b. Edging shall be performed at the same mowing frequency for all hard edges: sidewalks, curbs, paved areas, courtyards, etc. as the mowing schedule. c. Edging shall be performed at every other week for all soft edges: plant beds, tree rings, etc. d. Edging equipment will be equipped with manufacturer's safety guards to deflect hazardous debris. String-trimming ("Weed-eater" type) edging shall not be used. e. All hard surfaces shall be immediately swept or blown to maintain a clean, well groomed appearance. Page 410 of 1055 Trimming ABM0 Building Value a. Areas mutually agreed to be inaccessible to mowers shall be string- trimmed at the same height, the same day and the same frequency as mowing. 5. Debris Removal a. Areas littered in the mowing process (other than normal grass clippings) will be removed by hand or power blown, as conditions permit, collected and transported off site, including debris in planting beds. 6. Turf Fertilization a. A preliminary turf fertilization specification and schedule shall be provided by the Contractor per Section 6.b. below. However, the specifications, timing, rate of application and elementary composition shall be adjusted according to actual agronomic conditions existing at the time and as per the results of soil testing analysis. Contractor shall conduct soil testing on a bi-annual basis to ensure turf is receiving proper nutrients. Results shall be supplied/furnished to Client. b. Irrigated Bermuda (Celebration) turf grass - as specified, six (6) times per year during the months of March, June, September. Contractor shall apply an approved complete fertilizer formula to all turf areas at a rate of 1# Nitrogen per 1000 sq. ft. at each application. - 40% nitrogen derived from ammonium sulfate, 60% from controlled release. - A ratio of nitrogen to potassium at 1 to 1. - 2% iron, minimum. - 1% magnesium, minimum. - 1% manganese, minimum c. Fertilizers will be applied with a calibrated commercial grade spreader. Contractor shall apply an approved complete fertilizer formula to all turf areas. - First spring application to include pre-emergent weed control and At a rate of 1# Nitrogen per 1000 sq. ft. - Second spring application should be a low nitrogen ratio with high in iron to promote good color throughout the summer. Page 411 of 1055 - Third early Summer application should be a balanced blend to ABM0promote growth. Building Value - Fourth late Summer application should be blended depending on soil test recommendations. - Fifth will be an early Autumn application should be a balanced blend to promote root development. - Sixth application in early Winter will also have a high ratio of Iron to promote green grass blades throughout the Winter. d. All fertilizers shall be applied thoroughly to only dry turf areas. e. Supplemental applications of appropriate nutrients shall be applied as indicated by soil test results. f. All State and Federal regulations shall be adhered to and a fertilizer application log and MSD Sheets must be maintained, approved and available for inspection by Client. 7. Turf Insect and Disease Control a. Treatment of Bermuda (Celebration) turf areas for insect infestation or disease shall be the responsibility of the Contractor. b. Contractor warrants irrigated turf against infestation and disease and will replace same if it is determined that the turf quality declined below an acceptable level due to the Contractor's neglect. Declining turf quality due to foot or vehicle traffic wear, vandalism, Acts of God or previous improper irrigation installation/coverage, will be the responsibility of Client and shall be replaced promptly upon approved extra-work service order by Contractor. c. Contractor shall provide a complete pre- and post-emergent weed control program that addresses broadleaf weeds and sedge control throughout the year. This includes the use of Ronstar and Basagran. d. Turf areas shall be continuously monitored for pest problems. Contractor shall provide a monthly Integrated Pest Management inspection and treatment program, insuring proper and timely control. Top Choice will be applied during the correct timely in the Spring each year to control Mole Crickets. e. Bermuda (Celebration) turf will receive 3-4 aerifications and a full sand top dressing each year. The number of aerifications will vary depending on the usage and compaction in differing areas of the Page 412 of 1055 complex. ABM0 Building Value f. All State and Federal regulations shall be adhered to and a pesticide application log and MSD Sheets must be maintained, approved and available for inspection by CoBB's EHS department. B. All Planting Beds, Shrubs, Ground Covers, Palm Trees and other Tree Care Specifications 1. Pruning a. Unless otherwise requested by Customer, all pruning and thinning will have the distinct objective of retaining the plant's natural shape and the original design intention. b. All trimming of hedges, shrubs and ornamental plants shall be performed twelve times (or as needed) per year depending on plant species. Cleaning out of all planting beds to remove unwanted weeds, leaves and grasses, small branches and other debris shall be performed during each pruning cycle. Pre- and post-emergent herbicides will also be used for the control of unwanted weed growth in bed and mulched areas. c. Pruning of all flowering shrubs shall be scheduled to prevent interference with flowering cycle season. d. Plants, hedges, shrubs and trees obstructing pedestrian or automobile traffic under 8' in height, shall be pruned monthly. e. Contractor assumes no liability for consequential or inconsequential damages arising from plant obstructions, provided such obstructions are not a result of Contractor's negligence. 2. Tree Care a. Removal of dead limbs and branches from all trees less than 10' in height, shall occur continuously throughout the calendar year. No pruning shall be performed on live wood that would affect the fullness or intended character of the tree/s. b. Remove all sucker growth from the base of hardwood and ornamental trees on a regular and as needed basis. c. Remove any tree limbs which pose a threat to public safety. Page 413 of 1055 ABMd. Street Trees will be trimmed up to 10' in height to provide line of sight, 0vehicle clearance and pedestrian traffic flow. Building value e. Larger hardwood trees can be trimmed based on the Customer suppling an aerial lift or reimbursing Contractor for renting an aerial lift and to be scheduled based on availability and Contractors expertise of trimming of certain species. 3. Palm Pruning a. All palms not exceeding 16' shall be completely trimmed of seed heads/berries and/or brown/yellowing palm fronds, as these occurs throughout the year with use of a pole saw from the ground. b. All palms over 16' in height shall be pruned based on the availability of an aerial lift supplied by Customer or reimbursing Contractor for renting an aerial lift if requested by Customer. To be scheduled upon availability of the aerial lift. c. Ornamental (example Lady Palms) palm pruning shall be performed as needed to present an aesthetically pleasing appearance. 4. Ground Covers a. Ground covers will be confined to plant bed areas by manual, mechanical or chemical means, as environmental conditions permit. 5. Plant Insect and Disease Control a. Plants will be treated chemically as required to effectively control insect infestation and disease as environmental, horticultural and weather conditions permit. b. All over-spray shall be prevented and any contact with employees or visitors of Customer, shall be strictly avoided. c. All landscape areas shall be continuously monitored for infestations of insects; disease and other pests shall be addressed and treated immediately for proper control. d. Fire ants will be treated with appropriate insecticides and baits as needed throughout the year. Page 414 of 1055 ABMg. All State and Federal regulations shall be adhered to and a pesticide 0application log and MSD Sheets must be maintained, approved and Building value available for inspection by Customer. 6. Weed Control a. Open ground between plants, sidewalks, roads, driveways etc. shall be maintained in a condition of acceptable weed density by chemical means twelve (12) times per year, as environmental, horticultural and weather conditions permit, or as needed to control weed growth. Where an herbicide treatment is not recommended, mechanical and/or manual removal of weeds shall be administered. Contractor agrees that no large weeds (more than 2"x2") shall be chemically sprayed and will only be pulled by hand. Contractor will provide a manicured appearance with minimal weed pressure and visuality. 7. Fertilization a. A preliminary shrub, groundcover, ornamental palm and ornamental tree fertilization specification is stated in section 7.b. c. and d. However, specifications, timing, rate of application and composition type can be adjusted according to the actual horticultural condition existing at the time. b. Nutrient deficiencies and recommended fertilizer analysis shall be determined and structured to meet the specific site and soil conditions. c. All shrubs, groundcovers, ornamental palms and ornamental trees shall be fertilized four (4) yearly with a granular fertilizer product. Schedule: March, June, September and December d. All fertilizers shall be kept out of waterways and be removed immediately from all walkways, roadways and paved areas. e. All State and Federal regulations shall be adhered to and a fertilizer application log and MSD Sheets must be maintained, approved and available for inspection by Client. 8. Mulch Applications a. Deliver and install Shredded Dyed Mulch to all ornamental beds and tree rings currently covered by same material twice (2x) per year. b. The applications will be at an average depth of 3 inches. Additional Page 415 of 1055 Shredded Mulch will be applied as necessary throughout the year if ABMC. bare spots become noticeable. Building value 9. Floriculture Program a. "Seasonal Color" — Annual and seasonal flowers are to be planted and spaced per recommendation of grower unless otherwise directed differently by the Customer. Quantities, varieties and locations shall be determined after meeting with the Customer to formulate a program. This will be an additional Task Order to this MSA contract. b. Contractor shall schedule between two (2) and four (4) seasonal color rotations of four-inch flower pots per year at each rotation. If requested at an additional Task Order to this MSA contract. C. Irrigation 1. Contractor shall be responsible for monthly inspections of irrigation system via "Wet Checks". All irrigation deficiencies or problems noted on property shall be provided via report to Client on a monthly basis. 2. All irrigation components damaged by Contractor's employees and/or equipment shall be repaired at Contractor's sole expense. 3. Contractor has budgeted $330.00 per month for all other service repairs and retrofits. For repairs over $330.00 a month, Contractor shall provide proposal quotes for additional repairs and retrofits. For repairs under $330.00 per month, Contractor has the ability to make repairs and submit documentation to Customer. D. Additional Services 1. Contractor shall provide services over and above the Contract Specifications/Scope with written authorization from Client only. Client shall issue Task Orders (TO's) upon approval as determined by the Client. E. Personnel 1. ABM staff shall be experienced and trained within the discipline and scope of work(s) outlined above to industry standard and the Satisfaction OF CoBB. Page 416 of 1055 0 ABMY SCHEDULE OF SERVICES TO BE PERFORMED FOR BuildQ1\Ta QF BOYNTON BEACH — TOWN CENTER COMLEX JA FE MA AP MA JU JU AU SE OC NO DE Service N B R R Y N L G P T V C TOTAL Mowing turf rass 8 8 8 9 10 10 10 10 10 9 8 8 104 Mowing dry retention ponds 1 1 1 1 1 1 6 Pruning shrubs and roundcover 1 1 1 1 1 1 1 1 1 1 1 1 12 Weeding Plant Beds 1 1 1 1 1 1 1 1 1 1 1 1 12 Pruning Trees (under 10') 1 1 1 1 4 Pruning Palms under 16' 1 1 1 1 1 1 1 1 1 1 1 1 12 Fertilization of Turf 1 1 1 1 1 1 1 1 1 1 6 Fertilization of Plants 1 1 1 1 4 Fertilization Trees & Palms 1 1 1 1 1 1 1 1 1 1 4 IPM Pest Control 1 1 1 1 1 1 1 1 1 1 1 1 12 Irrigation Wet Checks 1 1 1 1 1 1 1 1 1 1 1 1 12 Soil Testing 1 1 2 Mulch Apps 1 1 2 Seasonal Color/Flower 0 Policing/Tras h Removal 21 22 21 22 21 22 21 22 21 22 21 22 260 Miscellaneous — Customer will provide two Conex Storage Boxes and a staging area on site for landscape equipment and supplies. II. PERSONNEL A. Contractor will provide all labor, transportation and supervision necessary to perform the work described herein. B. Personnel will be legal to work in the United States and the State of Florida C. Field personnel will be equipped with all supplies, tools, parts and equipment to Page 417 of 1055 rm work. ABi ,.DBui1dinfWtj@nnel will be properly licensed for all applicable maintenance functions, including any pesticide application. E. Personnel shall wear clean uniform shirts and hats of consistent design and color, in order that they may be recognized personnel of Contractor while on site. Contractor's personnel shall comply with all OSHA dress code regulations, i.e. steel toed shoes, safety goggles, ear protection, etc. F. Contractor's personnel are perceived as representatives of CoBB while on property, and as such, will conduct themselves in an efficient, well mannered, well groomed and workmanlike manner at all times. G. Any damage caused by the Contractor's personnel shall be repaired immediately at no cost to CoBB. H. The Contractor's Landscape Supervisor will be fluent in English and will have constant radio contact with the Contractor's Management personnel, as well as the office support staff. I. Scheduling/Safety Work will be coordinated with Boynton Beach and scheduled to give the least possible interference to Boynton Beach's operations. Sufficient warning devices will be employed, whenever necessary, to provide safety to persons and vehicular traffic. J. Drug Free Workplace and Background Checks Contractor will have in place a Drug Free Workplace policy as a condition of employment for its employees. Contractor shall also conduct criminal background checks as a precursor to hiring a new employee. Page 418 of 1055 0 ABM@ Building Value SCHED. 2 — Custodial/Janitorial SOW CUSTOMIZED PROFESSIONAL MAINTENANCE PROGRAM N, Note: Non flammable materials shall be stored in areas unless in approved containers. All containers must be labeled at all times. A complete set of up to date SDS sheets must be available at all times. All mops are to be stored in a mop holder and mop buckets are to be emptied, cleaned and .he W W W stored dry. All soiled rags are to be removed weekly. 0 0 Appropriate cleaning chemicals will be used at all times for associated areas &whenever possible and approved by (L (L (L (L (L (L (L (L client, green chemicals will be standard. x x x N x x x Nx x LO 0 0 SECTION A: ALL AREAS Sweep/dust mop &wet mop as applicable, all non-carpeted floors x Vacuum carpeted areas, spot clean high traffic/profile areas as needed x Spot clean walls, switch plates, glass, door jambs, doors, etc. x Empty all waste receptacles. Replace liners as needed x Remove trash and recycling from building, no trash to be left in janitors closets x Dust all horizontal surfaces; including tables, file cabinets, book cases, window sills, etc. x Clean and polish all metal trim x Wipe down and clean HVAC diffusers and return grills x Clean all light fixtures x Floor Maintenance: To scrub/burnish all vinyl composite flooring x Strip, clean and refinish vinyl composite flooring x Scrub, clean and refinish stone flooring x Buff/burnish all solid surfaces x Shampoo&extract with hot water all carpeted areas x Spot clean &extract high traffic/profile carpeted areas x F7 SECTION 13: GENERAL OFFICE AREAS Dust all horizontal surfaces; including window sills, file cabinets, book cases, etc. x Wipe down desk, book cases, credenzas, etc. Do not disturb contents and take extreme care* x Vacuum all carpeted areas x Spot vacuum all carpet areas; focusing on high profile and high traffic areas x Emv trash containers, replace liners as needed x Empty recycling containers x Check conference room furniture to arrange in an orderly fashion x Wipe down and clean glass surfaces x Page 419 of 1055 RAA SECTION C: RESTROOMS/LOCKER ROOMS Clean &sani ize all surfaces; including toilets, urinals, lays, countertops, etc. x Clean &sanitize external surfaces of plumbing fixtures x Wipe down and clean all mirrors and glass surfaces x Replenish soap, paper products and feminine hygiene products x Remove waste, clean &sanitize waste/sanitary napkin receptacles and replace liners x Clean &sanitize walls, partitions and restroom fixtures x Sweet/dust mop, wet mop and sanitize floors & baseboards x Spot clean door jambs, doors and door hardware x Operate all flush valves, soap dispensers, towel/tissue dispensers &advise of malfunctions x Dust air diffusers and lights x SECTION D: ELEVATORS Vacuum &spot clean floors x Clean, sanitize and polish walls, handrails, doors,jambs and push buttons x Polish any stainless steel with appropriate cleaner x SECTION E: KITCHENS & BREAK ROOMS Perform all applicable tasks in Section A x Wash &sanitize all tables, chairs, countertops, sinks, plumbing, surfaces, etc. x Replenish any applicable soap and paper dispensers x Wipe down surfaces of refrigerators & dishwashers as applicable x Sweep & dust mop all hard surface flooring x Wet mop all hard surface flooring x Empty all trash and recycling containers and dispose of materials accordingly x Clean &sanitize all waste and recycling containers x SECTION F: SPECIAL TASKS Empty all exterior waste containers and ash trays x Janitorial storage areas shall be kept clean and orderly at all times x Thoroughly clean floors, walls, sinks, shelving units, etc. in janitorial storage x Superseding any discrepancy above — the following protocols/periods will be followed: - All carpeted areas should be vacuumed daily - HVAC vents wiped down monthly - Recycle containers emptied daily - Glass surfaces wiped down daily - Breakrooms need to be mopped daily - Sanitizing of RR and BR daily - Our current Porters cycle through CH/Lib keeping up the restrooms, it seems they will be using the porters for other tasks, which will take away from the hourly cleaning up and sanitizing of the facility. Page 420 of 1055 0 ABM@ Building Value Addifiona� Service Pricing Guide ME! Carpet Shampooing $0.10/SF ($75.00 minimum) Hot Water Extraction (shampooing included) $0.15/SF ($75.00 minimum) Additional Janitorial Labor 30% mark-up of labor ($50.00 minimum) Upholstery Cleaning Standard Chair $4.00 per chair ($75.00 minimum) Upholstery Cleaning Executive Chair $6.00 per chair ($75.00 minimum) Construction Clean-up $17.50 per hour($70.00 minimum) Refrigerator Cleaning (normal size) $50.00 per occasion Refrigerator Cleaning (normal size, 1x/week) $120.00 per month Refrigerator Cleaning (commercial size) $70.00 per occasion Refrigerator Cleaning (commercial, 1x/week) $250.00 per month Placing dishes in dishwasher from sink (daily) $75.00 per month Placing dishes in dishwasher from sink and $130.00 per month replacing clean dishes to cabinets (daily) Collecting dishes throughout suite and placing in $10.00 per occupant per month dishwasher (daily) Buffing Hardwood Floors $0.30/SF ($75.00 minimum) Vinyl Tile Floor Strip and Wax $0.23/SF ($75.00 minimum) Vinyl Tile Spray Buff $0.08/SF ($75.00 minimum) Ceramic Tile Machine Scrub $0.15/SF ($75.00 minimum) Stone/Marble Polish $1.75/SF Microwave Cleaning (daily) $75.00 per month Microwave Cleaning (lx/week) $40.00 per month Microwave Cleaning (one time) $10.00 per occasion Potted Plant Watering (1x/week) $25.00 per month Page 421 of 1055 ABM@ SCHED. 3 — HVAC & ELECTRICAL Building Value CUSTOMIZED PROFESSIONAL MAINTENANCE PROGRAM This CUSTOMIZED PROFESSIONAL MAINTENANCE II (CPM-II) is designed to provide the Customer with an ongoing maintenance program. The CPM-I I program will be initiated, scheduled, administered, monitored, and updated by the Contractor. The service activities will be directed and scheduled, on a regular basis, by our comprehensive equipment maintenance scheduling system based on manufacturers' recommendations, equipment location, application, type, run time, and Contractor's own experience. The Customer is informed of the program's progress and results on a continuing basis via a detailed Service Report, presented after each service call for Customer's review, approval signature and record. CONTRACTOR WILL PROVIDE THE FOLLOWING PROFESSIONAL MAINTENANCE SERVICES MONTHLY FOR THE BUILDING ENVIRONMENTAL MECHANICAL SYSTEM(S) COMPRISED OF THE EQUIPMENT IN ALL (4) CITY HALL BUILDINGS (THE TOWN SQUARE). TEST AND INSPECT: Job labor, travel labor and travel and living expenses required to visually INSPECT and TEST equipment to determine its operating condition and efficiency. Typical activities include: -TESTING for excessive vibration; motor winding resistance; refrigerant charge; fan RPM; refrigerant oil (acid); water condition; flue gas analysis; safety controls; combustion and draft; crankcase heaters; control system(s); etc. -INSPECTING forworn, failed, or doubtful parts; mountings; drive couplings; oil level; rotation; soot; flame composition and shape; pilot and igniter; steam, water, oil and/or refrigerant leaks; etc. PREVENTIVE MAINTENANCE: Job labor, travel labor and travel and living expenses required to clean, align, calibrate, tighten, adjust, lubricate, and paint equipment. These activities are intended to extend equipment life and assure proper operating condition and efficiency. Typical activities include: -CLEANING coil surfaces; fan impellers and blades; electrical contracts; burner orifices; passages and nozzles; pilot and igniter; cooling tower baffles, basin, sump and float; chiller, condenser, and boiler tubes; etc. -ALIGNING belt drives; drive couplings; air fins; etc. -CALIBRATING safety controls; temperature and pressure controls; etc. -TIGHTENING electrical connections; mounting bolts; pipe clamps; refrigerant piping fittings; damper sections; etc. -ADJUSTING belt tension; refrigerant charge; super heat; fan RPM; water chemical feed and feed rate; burner fuel/air ratios; gas pressure; set point of controls and limits; compressor cylinder unloaders; damper close-off; sump floats; etc. -LUBRICATING motors; fan and damper bearings; valve stems; damper linkages; fan vane linkages; etc. -PAINTING for corrosion control, as directed by our scheduling system and on an as- needed basis. Quarterly filter changes on all HVAC units contained within this contract — MERV8 or better. Page 422 of 1055 ABM@ Building Value Building Controls Contractor shall train Site Supervisor on CoBB building controls system (excluding AV, card access and Fire — life safety) and be capable of performing routine maintenance, restarts, scheduling and preliminary trouble diagnosis. Additional Task Orders shall be used for major system updates, changes and deficiencies/issues. Electrical SOW Generator Inspection and Service Scope of Work As Needed — GenSet inspections/servicing as needed via Separate TaskOrders (not included on this contract) o Storm Service — In the event of a storm where power is lost and the generator is used, the location notifies us for daily inspections for operational reliability. Every 10 days or at the conclusion of the outage (whichever comes first) a post storm service is performed. o Fuel Polishing — Fouled full can occur in high humidity environments and older rusty tanks. In addition, any water incursion can induce bacterial growth. Fuel polishing will clean the fuel to its optimum point. o Repairs — Recommended repairs will be categorized and prioritized for execution to minimize any potential down time. o Fueling — Provide fueling as needed as separate TaskOrder to this MSA contract Sched 3 - Pest Control Pest Control — Contractor shall provide oversight and communication from City to City chosen/contracted vendor or provider(s) of Pest Control as needed to maintain a satisfactory level of pest control throughout the Town Square (city of Boynton beach TS) per Customer satisfaction. ABM not to provide actual Pest Control services under this contract. Waste bin turnover and management/swap out to be handled by ABM at all interior and exterior waste bin locations — Dumpster services available upon request via separate Task Order. (Commercial Dumpster service to be provided by the CoBB — Customer currently) Page 423 of 1055 ABM@ Building Value Schedule 4 - Porter Service — Full site coverage and Supervision as follows ABM shall provide to Customer: (1) Supervisor - Full time and the "equivalent hours of 3 Full-Time Porters" through the use of an working Supervisor and shift staggering as below: Porter Shift Coverage - 2 Shifts - 7 days a week - Mon - Sun Shift 1 - 7am - 3-30pm Shift 2 - 12:30 - 9pm (2) Porters for assistance and spot issue addressing real-time for all trades as able above or will engage Supervisor or specialized talent when needed — overseen by ABM "working" Site Supervisor Additional repairs or services shall be provided in writing for Customer approval via separate TaskOrder and structured generally as follows: HVAC hourly rate $98.00/hr Landscaping hourly rate $25.00/hr Janitorial hourly rate $20.00/hr Electrician hourly rate $105.00/hr Additional Materials or Equipment markup of+10% shall be added to all required emergency or separate repairs unless otherwise agreed to specifically in separate TaskOrders. Contractor shall get written authorization via Separate TaskOrders prior to additional services or work being provided. Page 424 of 1055 ABM@ Building Value Schedule 5 — Liquidated Damages 1. COMPLETION OF WORK/LIQUIDATED DAMAGES: 1.1. The Contractor and City agree the rate set forth herein is a reasonable estimate of the amount of damages which the City will suffer in the event the Contractor does not timely complete the scope of work and/or perform to the technical specifications as outlined in the bid documents and contract. The Contractor and City agree these liquidated damages shall be assessed as damages, as provided in the Contract, and that they are not, and shall never be considered to be a penalty. 1.2. Liquidated damages due to the City may be deducted from payments due the Contractor, or may be collected from the Contractor or his Surety. These provisions for liquidated damages shall not prevent the City, in case of the Contractor's default,from terminating the right of the Contractor to proceed as provided in the Contract. 1.3. Upon the occurrence of any failure to perform,the City shall notify the Contractor in writing of the nature of the failure and of City's intention to request corrective action(s), assess liquidated damages or either terminate the Contract. 1.4. Upon receipt of any such notice, Contractor, unless the notice requires otherwise: • Shall promptly make every reasonable effort to correct all items listed in the notice satisfactory to the City's requirements within one (1)calendar day; • Failure to correct all items within three (3) calendar days will result in damages being assessed as shown below under Section 1.5—Liquidated Damages: • Failure to correct for the same item three (3)times in a ninety(90) day period will automatically be grounds for termination of the contract. Liquidated Damages—The Liquidate Damages shall be assessed as follows: Landscape Services(Including Porter) Service item % reduction in monthly payment • Missed/Noncompliant Mowing of Turf/Grass 3.29% per occurrence • Missed/Noncompliant Trimming/Pruning 5.26% per occurrence • Missed/Noncompliant Litter Control 1.32% per occurrence • Missed Wet Check 5.26% per occurrence • Missed/Noncompliant Edging/Line Trimming 3.29% per occurrence • Missed/Noncompliant Weed Control 1.32% per occurrence • Missed/Noncompliant Fertilization non payment • Missed/Noncompliant Mulch non payment Page 425 of 1055 ABM@ Building Value Janitorial Services(Including Porter) Service item % reduction in monthly payment • Missed/Noncompliant Floor Maintenance 5% per occurrence • Missed/Noncompliant Dusting/Wipe Down 3% per occurrence • Missed/Noncompliant Trash/Recycling Removal 2% per occurrence • Missed/Noncompliant Clean/Sanitizing Surfaces 2% per occurrence • Missed/Noncompliant Polish Stainless Steel 1% per occurrence Mechanical & Electrical Services Service item % reduction in monthly payment • Missed/Noncompliant Filter Replacement 10% per occurrence • Missed/Noncompliant Test/Inspection 10% per occurrence • Missed/Noncompliant Preventative Maintenance 5% per occurrence • Missed Condensate line check 5% per occurrence Pest Control Service item % reduction in monthly payment • Missed/Noncompliant Service call relay 5.00% per occurrence • Missed/Noncompliant follow-up notice 5.00% per occurrence Page 426 of 1055 7.D. Consent Bids and Purchases over $100,000 9/15/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 9/15/2020 Requested Action by Commission: Approve Task Order UT-2A-02 with CH2M Hill Engineers, Inc. (Jacobs) in the sum of$320,533.00 in accordance with RFQ No. 047-2821-17/TP, General Consulting Services Contract, Scope Category A awarded by Commission on September 7, 2018 for Pilot Testing and Improvements to Pre-Treatment and NF Membrane Skids at the West WTR Explanation of Request: The City of Boynton Beach Utilities is recommending a study to determine which membrane elements are the most efficient and effective to provide the highest water quality from the raw water production wells for the West Water Treatment Plant. This study will also evaluate pretreatment improvements including reducing sand and other solids by means of a sand strainer or sand filter. After the study is completed the consultant will prepare the design criteria to be used for the replacement of the current membrane elements and trains via progressive design build and provide construction services as needed. The current membrane elements are past their useful life and in need of replacement. How will this affect city programs or services? The outcome of this study will assist in the selection of the most efficient membranes for the water quality that the West Plant treats on a daily basis. The eventual replacement of the membranes may bring about operational savings while maintaining or improving water quality for the customers. Fiscal Impact: Budgeted Capital Improvements: 403-5000-533-65.02 Alternatives: Not perform the study and rely on membrane manufacturer literature for membranes selection. Strategic Plan: Strategic Plan Application: Climate Action: No Climate Action Discussion: Is this a grant? Grant Amount: Page 427 of 1055 ATTACHMENTS: Type Description D Contract Base Contract D Task Order CH2M Hill Task Order UT-2A-02 Page 428 of 1055 GENERAL CONSULTING SERVICES AGREEMENT THIS AGREEMENT' is entered into between the City of Boynton Beach, hereinafter referred to as"the CITY", and CH2M HILL ENGINEERS, INC., hereinafter referred to as "the CONSULTANT", in consideration of the mutual benefits, terms, and conditions hereinafter specified. WHEREAS, pursuant to Section 287.055, Florida Statutes, the Consultants' Competitive Negotiation Act,the CITY'S Procurement Code,the City of Boynton Beach solicited proposals for professional consulting services from qualified engineering firms for required City services;and WHEREAS, THE CITY issued a Request for Qualifications for General Consulting Services for the City of Boynton Beach, RFQ No.046-2821-17fTP; and WHEREAS, the City Commission designated CONSULTANT as one of several qualified consulting firms to provide General Consulting services to the CITY;and NOW, THEREFORE, in consideration of the mutual covenants expressed herein, the parties agree as follows: ARTICLE 1 -SERVICES 1.1 CONSULTANT agrees to perform General Consulting Services by way of individual task orders, at the request of the CITY during the term of this Agreement, including the provision of all labor,materials,equipment and supplies. The specified projects which may be assigned to CONSULTANT is in conjunction with: ® Scope Category A Water Plant Modifications,Capacity and Operations Evaluation Scope Category B Infrastructure Improvements and Evaluations Scope Category C Ancillary Studies and Services Scope Category D Transportation Services Scope Category E Architectural and Landscaping Design Services 1.2 SERVICE AND RESPONSIBILITIES 1.2.1 GENERAL:The CONSULTANT agrees to perform work assigned by Task Order(s)under such terms as set forth in the Task Order(s).The terms of the Task Order(s)shall be supplemental to the terms of this Agreement. 1.2.2 The CONSULTANT is responsible for defects in its work and in the work of The term"Agreement"has the same meaning as the term"contract". Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-1 Page 429 of 1055 its Sub-consultants'work. 1.2.3 PRELIMINARY SERVICES PHASE: The CONSULTANT shall prepare preliminary studies and reports, feasibility studies, financial and fiscal studies, and evaluation of existing facilities, preparation of schematic layouts and sketches where required; develop construction budgets, opinions of Probable Construction Cost, and shall consult and confer with the CITY as may be necessary for the CITY to reach decisions concerning the subject matter. The CONSULTANT shall attend meetings with the CITY Commission and CITY staff as may be required, and provide the CITY with a time schedule which shall include but not be limited to submittal of all milestones related to the project up to delivery of 100%construction documents. 1.2.4 During the preliminary services phase,the CONSULTANT shall advise the CITY, based on CONSULTANT'S professional opinion and the current project conditions and reasonably foreseeable conditions of the completeness of existing data and its suitability for the intended purposes of the project; CONSULTANT to obtain data from other sources; identify and analyze requirements of governmental authorities having jurisdiction to approve the design of the project;provide analyses of the CITY'S needs for surveys; perform site evaluations and comparative studies of prospective site and solutions; and prepare and furnish a report to the City setting forth the CONSULTANT'S findings and recommendations. 1.2.4.1 Providing any type of property surveys or related engineering services needed for the transfer of interests in real property,and field surveys for design purposes and engineering surveys and staking to enable Contractor to proceed with their work, and providing other special field surveys. 1.2.4.2 Preliminary design services to be performed by the CONSULTANT shall include consultation and advice concerning the extent and scope of proposed work and preparation of preliminary design documents consisting of design criteria, preliminary drawings, and outline specifications as well as preliminary estimates of probable Construction Costs. This phase will also include preparation of a preliminary site plan or schematic drawings when appropriate. Up to six (6) copies of the preliminary design documents shall be furnished to the CITY, the exact number needed shall be determined by the CITY. 1.2.4.3 CONSULTANT shall provide environmental assessment and impact statements as required to determine the suitability of the site and its surrounds for the proposed project;and/or 1.2.4.4 Upon authorization of the CITY,the CONSULTANT will provide advice and assistance relating to operation and maintenance of project or other systems; evaluate and report on operations; assist the CITY in matters relating to regulatory agency Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-2 Page 430 of 1055 operations review or operating permit non-compliance; assist with startup and operator training for newly installed or modified equipment and processes, and in the preparation of operating, maintenance and staffing manuals for the project. 1.2.5 BASIC SERVICES:The CONSULTANT shall consult and advise the CITY in the following manner: specifying the extent and scope of the work to be performed; prepare detailed construction drawings and specifications; revise and update, where necessary, previously designed construction plans and specifications, whether in whole or in part, to be incorporated into the proposed work and prepare construction documents and final estimate of probable Construction Cost. The final design services shall be provided in an electronic format,and shall also include furnishing up to six (6) copies of plans and specifications to the CITY; the exact number needed shall be determined by the CITY. 1.2.6 Final design services shall also include preparation of permit applications as may be required by such agencies as have legal review authority over the project. These applications shall include but not be limited to site plan approvals or other permits and work efforts and shall also consist of meetings at staff level and meetings with the appropriate governing body and the CITY. Unless specifically provided for under the final design phase, permit application services do not include applications requiring environmental impact statements or environmental assessments, consumptive use permits and landfill permits. 1.2.6.1 The CONSULTANT based upon the approved design documents and any adjustments authorized by the CITY in each project, project schedule or construction budget shall prepare for approval by the CITY,design development documents consisting of drawings and other documents to fix and describe the size and character of each project's civil engineering, environmental, landscape, architectural, structural, mechanical, and electrical systems and any other requirements or systems, materials and such other elements as may be appropriate for a complete project. The CONSULTANT shall also advise the CITY of any adjustments to the preliminary estimate of probable Construction Costs. 1.2.6.2 The CONSULTANT based on CITY approved design development documents and any further adjustments in the scope or quality of the project or in the construction budget shall prepare Construction Documents within the number of calendar days specified within any notice issued by the CITY. The Construction Documents shall consist of drawings and specifications setting forth in detail the requirements for the construction of the project. 1.2.6.3 The CONSULTANT shall assist the CITY in the preparation of the necessary proposal information and forms. 1.2.6.4 The CONSULTANT shall advise the CITY of any adjustments to previous estimates of probable Construction Costs indicated by Boynton Beach Utilities-General Consulting Services C W.5 CLEAN FINAL Page 431 of 1055 changes in codes, administrative and jurisdictional requirements of general market conditions. 1.2.6.5 The CONSULTANT shall submit to the CITY for each project, electronic format and up to six (6) copies of the Construction Documents, and a further revised estimate of total probable Construction Cost. 1.2.6.6 CONSULTANT shall include in the Construction Documents a requirement that the construction contractor shall provide a final as-built survey of the project in Autocad electronic format by a registered Land Surveyor, and provide marked up construction drawings to the CONSULTANT so that the CONSULTANT can prepare and deliver to the CITY the record drawings in the form required by the CITY and as required. 1.2.6.7 Prior to final approval of the Construction Documents by the CITY, the CONSULTANT shall conduct a thorough review and quality control evaluation of the entire work product for compliance with requirements of any local, state, or federal agency from which a permit or other approval is required. The CONSULTANT shall make sure that all necessary approvals have taken place. 1.2.6.8 Prior to each phased submittal,the CONSULTANT shall conduct a thorough quality control review and assessment of the work product to determine whether the work is properly coordinated and confirm that the CITY and agency comments have been addressed and incorporated into the Contract Documents. The CONSULTANT shall provide to the CITY a Quality Assurance and Quality Control plan in a format that advises the CITY that all work has been performed as required. A report shall be submitted in accordance with those standards to apprise the CITY that due care has been taken in the preparation of the Contract Documents. 1.2.6.9 The CONSULTANT shall signify responsibility for the Contract Documents including technical specifications and drawings prepared pursuant to this Agreement by affixing a signature,date and seal as required by Florida Statutes Chapters 471 and 481, if applicable. The CONSULTANT shall comply with all of its governing laws, rules, regulations, codes, directives and other applicable federal,state and local requirements in preparation of the work. 1.2.7 The CONSULTANT shall provide the construction documents, technical specifications and drawings completed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions. 1.2.8 The CONSULTANT following the CITY'S approval of the Construction Documents and the latest estimate of probable Construction Cost shall when so directed and authorized by the CITY,assist the CITY in obtaining proposals or negotiated proposals, and assist in preparing contracts for Boynton Beach Utilities-General Consulting Services C-4V.5 CLEAN FINAL Page 432 of 1055 construction. 1.2.8.1 The CONSULTANT shall review and analyze the proposals received bythe CITY and shall make arecommendation for any award based on the CITY'S Procurement Administrative Policy Manual. 1.2.8.2 Any Opinion of the Construction Cost prepared by CONSULTANT represents its judgment exadesign professional and is supplied for the general guidance of the CITY. Since CONSULTANT has no control over market uundiUono. CONSULTANT does not guarantee the accuracy of such opinions as compared to contractor bids or actual cost \uthe CITY.|fthe is not advertised for proposals within three(3) months after delivery ofFinal Design Plans, through nofault of the CONSULTANT orifeither local market conditions urindustry- wide prioeshovuuhangedbemayseo[vnuouo| orunanUdpated events effecting the general level ofprices ortimes ofdelivery in the construction industry,the established Construction Cost limit may be adjusted as determined by the CITY'S Representative and osapproved bythe CITY, ifnecessary. Additionally, if the CITY expands aproject scope ofwork after the CONSULTANT renders the Final estimated probable Construction Cost ofthe Final Design Plans,the CONSULTANT shall not boresponsible for any redesign without compensation which axaU be mutually agreed tobythe parties hereto. 12.0.3 The CONSULTANT shall provide the CITY with a list of recommended prospective bidders. 1.2.84 The CONSULTANT ahoU attend all pre-proposal/per-bid conferences. 128.5 The CONSULTANT shall recommend any addenda,through the CITY'S representative as uppmp,iate, to o|u,ify, oo,nem, or change proposal dooumento. 1.2.8.0 |fPre-Qualification ofbidders isrequired asset forth inthe Request for Proposals urInvitation toBid 0wo-s\epbid pmcess>. CONSULTANT shall assist the CITY, ifrequested indeveloping qualifications oriteho, review qualifications and recommend acceptance orrejection ofthe bidders. 12.8.7 If requested, CONSULTANT shall evaluate proposals and bidders,and make recommendations regarding any award bythe CITY. 1.18 The CITY shall make decision onall claims regarding interpretation Construction Documents,and nnall other matters relating mthe execution and progress of the Work after receiving a recommendation from the CONSULTANT. The CONSULTANT oxuU check uoxeuu|eo, nxup drawings and other submissions for the limited purpose of checking conformance with the concept ofthe project, and for compliance with the information given bythe Construction Documents. The CONSULTANT shall also review change orders prepared and submitted byContractor and review and make recommendations mthe City for progress payments to the Contractor booed on each project onxedu|o of values and the Boynton Beach Utilities General Consulting Services V.5 CLEAN FINAL C-6 Page 433of1O55 percentage of work completed. The CONSULTANT will neither have control over or charge of, nor be responsible for, the construction means, methods, techniques, sequences, or procedures, or for the safety precautions and programs in connection with the construction of the assigned task order projects. 1.2.9.1 The CITY shall maintain a record of all change orders which shall be categorized to the various types, causes, etc. that may be determined useful and necessary for its purpose. 1.2.9.2 If the CONSULTANT is not the Construction Manager for the construction, the CITY shall notify the CONSULTANT within three (3) days of the discovery of any architectural/engineering error or omission so that the CONSULTANT can be part of the negotiations resolving the claim between the CITY and the Contractor. 1.2.10 The CONSULTANT shall carefully review and examine the Contractor's schedule of values, together with any supporting documentation. The purpose of such review and examination will be to protect the CITY from an unbalanced schedule of values which allocates greater value to certain elements of each project than is indicated by industry standards,supporting documentation, or data. If the schedule of values is not found to be appropriate,it shall be returned to the Contractor for revision for supporting documentation. After making such examination, when the schedule of values is found to be appropriate, the CONSULTANT shall sign the schedule of values indicated informed belief that the schedule of values constitute a reasonable, balanced basis for payment of the Application for Payment to the Contractor. 1.2.11 The CONSULTANT shall perform on-site construction observation of each project based on the Construction Documents in accordance with paragraph 1.2.16 "Resident Project Services" of this Agreement. The CONSULTANT'S observation shall determine the progress of the work completed,and whether the work is proceeding in a manner indicating that the work when fully competed will be in accordance with the Construction Documents.On the basis of site visits,the CONSULTANT will provide the CITY with a written report of each site visit in order to reasonably inform the CITY of the progress of the portion of the Work completed. The CONSULTANT shall endeavor to identify for the CITY any defects and deficiencies in the work of contractors,and make written recommendation to the CITY where the work fails to conform to the Construction Documents. The CONSULTANT shall not have control over or charge of, or responsibility for the construction means,methods,techniques,sequences or procedures. or for safety precautions and programs in connection with the Work, nor shall the CONSULTANT be responsible for the Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents. The CONSULTANT shall not have control over or charge of, and shall not be responsible for, acts or omissions of the Contractor or of any other persons or entities performing portions of the Work. Based on such observation and the Contractor's Application for Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-6 Page 434 of 1055 Payment, the CONSULTANT shall determine the amount due to the Contractor and shall issue Certificates for Payment in such amount. These Certificates will constitute a representation to the CITY based on such observations and the data comprising the Application for Payment that the work has progressed to the point indicated. By issuing a Certificate of Payment,the CONSULTANT will also represent to the CITY that to the best of its information and belief, based on what its observation have revealed; the Work is in accordance with the Construction Documents. The CONSULTANT shall conduct observations to determine the dates of substantial and final completion and issue a recommendation for final payment. 1.2.12 The CONSULTANT shall revise the Construction drawings and submit record or corrected drawings to the CITY to show those changes made during the construction process based on the marked up prints, drawings and other data furnished by the Contractor. The record drawings shall be provided in electronic format inclusive of conformed PDF files and AutoCad files in a form compatible with the CITY'S version of AutoCad formats for archival purposes. 1.2.13 The CONSULTANT shall attend regularly scheduled progress meetings on site bi-monthly or as otherwise determined based on a specific need established prior to construction by the CITY. 1.2.14 The CONSULTANT shall review change orders prepared and submitted by the Contractor for the CITY'S approval. CONSULTANT shall not authorize any changes in the work or time, no matter how minor without prior written approval by the CITY. 1.2.15 Each project's construction or demolition shall be considered complete upon compilation of a punchlist by CONSULTANT, which shall be timely completed by Contractor to the satisfaction of the CITY,written notification to Contractor by CONSULTANT that all releases of liens are satisfied and written recommendation by CONSULTANT for final payment to the Contractor which shall be at the sole discretion of the CITY. 1.2.16 RESIDENT PROJECT SERVICES: During the Construction progress of any work, the CONSULTANT will if authorized by the CITY, provide resident project observation services to be performed by one or more authorized employees ("Resident Project Representative") of the CONSULTANT. Resident Project Representatives shall provide extensive observation services at the project site during construction. The Resident Project Representative will endeavor to identify for the CITY any defects and deficiencies in the work of the Contractor(s). Resident project observation services shall include but is not limited to the following: ❖ Conducting all pre-construction conferences; :• Conducting all necessary construction progress meetings; :• Observation of the work in progress to the extent authorized by the CITY; Receipt, review coordination and disbursement of shop drawings and other submittals; Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-� Page 435 of 1055 Maintenance and preparation of progress reports; Field observation and verification of quantities of equipment and materials installed; ❖ Verification of contractors'and subcontractors'payrolls and records for compliance with applicable contract requirements; Maintenance at each project site on a current basis of all drawings, specifications, contracts, samples, permits, and other project related documents, and at the completion of each project, deliver all such records to the CITY; Preparation, update and distribution of a project budget with each project schedule; :• Notification to the CITY immediately if it appears that either each project schedule or each project budget will not be met; Scheduling and conducting monthly progress meetings at which CITY, Engineer,general contractor,trade contractor, utilities representatives, suppliers can jointly discuss such matters as procedures, progress, problems and scheduling. :• Recommending courses of action,and enforcing action selected by the CITY,if so directed by the CITY,if the general and/or trade contractors are not meeting the requirements of the plans, specifications, and Construction Contract; Development and implementation of a system for the preparation, review,and processing of change orders; Maintenance of a daily log of each project; :• Recording the progress of each project, and submission of written monthly progress reports to the CITY including information on the Contractors'work and the percentage of completion; Determination of substantial and final completion of work and preparation of a list of incomplete and unsatisfactory items, and a schedule of their completion; and Securing and transmitting to the CITY, required guarantees; affidavits; releases;key manuals; record drawings; and maintenance stocks; The Resident Project Representative shall also investigate and report on complaints and unusual occurrences that may affect the responsibility of the CONSULTANT or the CITY in connection with the work. The Resident Project Representative shall be a person acceptable to the CITY, and the CITY shall have the right to employ personnel to observe the work in progress,provided however that such personnel as employed by the CITY, and such personnel will be responsible directly to the CITY in the performance of work that would otherwise be assumed and performed by the CONSULTANT. The Resident Project Representative shall not have control over or charge of, or responsibility for the construction means, methods,techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, nor shall the Resident Project Representative be responsible for the Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents. The Resident Project Representative shall not have control over or charge of, and shall not be responsible for, acts or omissions of the Contractor or of any other persons or entities performing portions of the Work. Boynton Beach Utilities-General Consulting Services C-8 V.5 CLEAN FINAL Page 436 of 1055 Although CONSULTANT shall not be responsible for xooKx o, safety programs or precautions related to CITY"s activities urthose ufC|TY'o other contractors and uonxukuma or their respective subcontractors and vendors (^Con\roctune^). CONSULTANT shall nonetheless report tuthe Resident Project Representative health and safety conditions or deficiencies observed byCONSULTANT'S employees orrepresentatives. CONSULTANT uhuU not be responsible for C|TY'n pre-existing site conditions or the aggravation of those preexisting site conditions to the extent not caused by the negligence o/ willful misconduct of CONSULTANT. CONSULTANT shall not be responsible for inspecting, observing,or correcting health or safety conditions or deficiencies of CITY, Contractors or others at project site ("Project Site") other than for CONGULTANT'semployees, subconsuUantsand vendors. 1.3 ADDITIONAL SERVICES 1.5.1 When additional services are necessary they shall be specified in the written Task Order. Examples ofadditional(not exclusive)services are: w Preparation of applications and supporting documents for ph,ovo o, gn,ammenbu| grants, loans or advances in connection with any particular projec. * 8onxoeo to make measured drawings of o, to investigate existing conditions or facilities, or to verify the accuracy of drawings or other information furnished byor0othe CITY. * Services resulting from significant uhongeointhe general scope,extent orcharacter nfany particular project orits design including but not limited to, changes insize,complexity,the CITY'S schedule,character of construction or method of finanoing, and revising previously accepted studies, reports,design documents orConstruction Contract Documents when such revisions are required by changes to |awa, rules, regulations, ordinances, codes ororders enacted subsequent to the preparation of such dudios, reports or documents, or one due to any other causes beyond the CONSULTANT'S control. � Providing renderings ormodels for the CITY'S use. � Preparing documents for alternate Proposals requested bythe CITY for work that imnot executed for documents for out-nf-noquenoowork. � Investigations and studios involving but not limited to, detailed considerations of operations, maintenance and overhead expenses; providing value engineering during the course of design; the preparation offeasibility studies; cash flow and economic evaluations, rate nnxedu|oa and appraisals; assistance in obtaining financing for a evaluating p,uneammo available for licensing and assisting the CITY in obtaining process licensing; detailed quantity surveys of material, equipment and |abor, and audits or inventories required in connection with construction performed hythe CITY. � Assistance inconnection with Proposal/proposal protests,re-bidding o, re-negotiating contracts no, nonst,umion, matehu|n, equipment o, services,unless the need for such assistance ioreasonably mined hythe CITY tubecaused bythe CONSULTANT(e.g. defective plans avvomoavuchommrs-ocncm/conmmngmorium C-9 v.5CLEAN FINAL Page 437of1O55 and/or specifications which inhibit contractors from submitting proposals) in which event there shall be no additional cost for the provision of such services. Preparing to serve or serving as a CONSULTANT or witness for the CITY in any litigation, arbitration or other legal or administrative proceeding. ❖ Additional services in connection with a project not otherwise provided in this Agreement. *o Services in connection with a project not otherwise provided for in this Agreement. Services in connection with a field order or change order requested by the CITY. Providing artwork, models,or renderings as requested by the CITY. 1.3.2 When required by the Construction Contract documents in circumstances beyond the CONSULTANT'S control, and upon the CITY'S authorization, it will furnish the following additional services. ❖ Services in connection with work changes necessitated by unforeseen conditions encountered during construction. s Services after the award of each contract in evaluating and determining the acceptability of an unreasonable or excessive number of claims submitted by Contractor, except to the extent such claims are caused by the errors or omissions of the CONSULTANT. ❖ Additional or extended services during construction made necessary by 1) work damaged by fire or other cause during construction, 2) a significant amount of defective or negligent work of any contractor, 3) acceleration of the progress schedule involving services beyond normal working hours, or 4) default by any contractor; provided however, if a fire occurs as a direct result of errors or omissions in the design by the CONSULTANT or if the CONSULTANT fails to notify the Contractor of the deficient quality of their workmanship pursuant to CONSULTANT'S duties as described in the Contract Documents,the CONSULTANT'S additional services shall be deemed part of Basic Services and compensated as such. Services in connection with any partial utilization of any part of a project by the CITY prior to Substantial Completion. Services to evaluate the propriety of substitutions or design alternates proposed by the Contractor and involving methods of construction, materials, or major project components either during bidding and/or Negotiation services or Construction Contract award. The cost of such services shall be borne by the Contractor,and this requirement shall be included in the construction contract. Services in making revisions to drawings and specifications occasioned by the acceptance of substitutions proposed by the Contractor, unless such substitutions are due to a design error by the CONSULTANT in which,case such services shall be deemed Basic Services. Except when caused by a design error by the CONSULTANT,the cost of such services shall be borne by the Contractor,and this requirement shall be included in the construction contract. Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-10 Page 438 of 1055 1.4 CITY'S RESPONSIBILITIES 1.4.1 The CITY shall do the following inatimely manner ooasnot todelay the services ofthe CONSULTANT: 1.4.1.1 Designate in writing a person or persons to act as the CITY'S representative with respect 10the services(oberendered under this Agreement. Such penson(s)shall have complete authority to transmit instructions and receive information with respect to the CONSULTANT'S services for uparticular project.The CITY may have multiple CITY Repnementodve(m)orproject managers during the performance ofthis AGREEMENT based onthe specific task onje,s/w,ioontask orders from each ofthe Scope Categories. 1.4.12 Provide all criteria and full information ontothe CITY'S requirements for the Pnojoct, including design objectives and cnnsbainta, upane, capacity and performance equimmonha. flexibility and expandability,and any budgetary limitations. 1.4.1.3 Assist the CONSULTANT by providing at the CONSULTANT'S request all available information pertinent tuthe Project including previous nopoda and any other data relative to design or construction ufthe project. 14.1.4 Furnish tothe CONSULTANT, ifrequired for the performance nf CONSULTANT'S services(except where otherwise furnished by the CONSULTANT aoAdditional Gemimea).the following: 14.1.5 Data prepared by, or services of others, including without limitations boringa, pmbinge and subsurface exp|omhona, hydrographic numuya. laboratory tests and inspection of momp|eo. materials and equipment; 1.4.1.0 Appropriate professional interpretations ofall ofthe foregoing; 1.4.1.7 Environmental assessment and impact statements; 1.4.1.8 Pmperty, boundmry, eaaemeni, hght-of-way, topographic and utility surveys; 1.419 Property descriptions; 1.4110 Zoning,deed and other land use restrictions; 1.41.11 Approval and permits required in the CITY'S jurisdiction and those from outside agencies unless such approvals and permits are the responsibility ofthe CONSULTANT; and 1.4.1.12Arrange for access homake all provisions for the CONSULTANT to enter upon the CITY'S property an required for the CONSULTANT mperform services under this Agreement. 1.4.1.15 Consistent with the professional standard ofcare and unless otherwise specifically provided heein. CONSULTANT shall be entitled to rely upon the accuracy of data and information provided bythe CITY urothers without independent review or evaluation. Boynton Beach Utilities'General Consulting Services o-11 v.5CLEAN FINAL Page 430of1O55 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-12 V.5 CLEAN FINAL Page 440 of 1055 have been addressed and are not likely to be repeated in subsequent task orders. This restricted issuance provision may result inthe CONSULTANT not being issued all of the planned work the CITY anticipated in this Agreement. The CONSULTANT shall have noright tothe balance ufany work,ortoany compensation associated with these non-issued task orders due tothe CONSULTANT being rendered indefault. 1.58 Should the CONSULTANT remain indefault for aperiod o[fifteen (15) consecutive calendar days beyond the time frame provided in Paragraph 1.5.Gthe CITY may akits sole option retain another CONSULTANT to perform any wmdh arising out of this Agreement and/or terminate this Agreement. 1.6 DEFINITION OF DEFAULT 1.6.1. Anevent o{ default shall mean omaterial breach nfthis Without limiting the generality ofthe foregoing and in addition to those instances referred h000umaterial breach,onevent nfdefault shall include the following: * CONSULTANT has not performed services on oUmely basis due to CONSULTANT'S negligent errors nromissions; * CONSULTANT has refused o,failed tusupply enough properly skilled personnel; * CONSULTANT has failed to make prompt payments to SUB- CONSULTANTS orsuppliers for any services after receiving payment from the CITY for such services ursupplies; * CONSULTANT has failed to obtain the approval of the CITY where required hythis Agreement; e CONSULTANT has refused urfailed uoprovide the services aodefined |nthis Agreement; * CONSULTANT has filed bankruptcy or any other such insolvency proceeding and the same is not discharged within ninety(90) days of such date. � CITY has failed to make payments to CONSULTANT in accordance with the requirements ofthis Agreement 1.62 |nthe event of Default, the CONSULTANT shall be liable for all damages resulting from the Default including: � The difference between the amount that hos been paid to the CONSULTANT and the amount required to onmp|eha the CONSULTANT'S work, provided the fees by the firm replacing the CONSULTANT are reasonable and the hourly rates uunot exceed the CONSULTANT'S rates. This amount shall also include procurement and administrative costs incurred bythe CITY. � In the event nfdefault bythe Cdy. CONSULTANT may suspend the Work pending receipt ofsuch payment. Boynton m,axUtilities'General Consulting Services o4u v.5CLEAN FINAL Page 441of1O55 1�3. The CITY may take advantage ofeach and every remedy specifically existing at law orinequity. Each and every remedy shall beinaddition 0u every other remedy given orotherwise existing,and may beexercised from time totime and oaoften and insuch order anmay bedeemed expedient bythe CITY. The exercise orthe beginning ofthe exercise ofone remedy shall not be deemed to be a waive, of the right to exercise any other remedy. The CITY'S rights and remedies aaset forth in this Agreement are not exclusive and are in addition 0oany other rights and remedies available tnthe CITY inlaw orinequity. ARTICLE 3'TERM 2.1 The initial Contract period shall bofor aninitial two V8years, commencing atthe execution ofthe contract, and the City reserves the right hounilaterally renew the contract for U`mo (3) additional one (1) year periods under the same tennn, conditions.The CONSULTANT understands and acknowledges that the Services toboperformed during the two(2)year term will ba governed bYthis Agreement, and that there ionoguarantee offuture work being given hnthe CONSULTANT. 2.2 |nthe event that services are scheduled toend either bycontract expiration orhy termination bythe CITY (at the CITY'S dioonet|on). the CONSULTANT shall continue the oomiceo, if requested by the C]TY, or until tank or tasks is/ane completed.At no time shall this transitional period extend more than one-hundred and eighty(1180)calendar days beyond the expiration date of the existing contract. The CONSULTANT will be reimbursed for this uomioe at the rate in effect when this transitional period clause was invoked bythe CITY. ARTICLE 3'TIME OF PERFORMANCE 3.1 Work under this Contract shall commence upon the giving of written notice by the CITY\othe CONSULTANT byway ofanexecuted task order and resultant task under. CONSULTANT shall perform all services and provide all work product required pursuant tothis Contract and the specific task order bythe Sequence of Events, urunless onextension oftime isgranted inwriting bythe CITY. ARTICLE 4-PAYMENT 4.1 The CONSULTANT shall bepaid by the CITY for completed work and for services rendered under this agreement oofollows: w Payment for the work provided byCONSULTANT shall bemade in accordance with the Fee Schedule as provided in Exhibit"A"attached hereto. * Payment aaprovided inthis Section shall befull compensation for work performed,services rendered and for all materials,supplies,equipment and incidentals necessary tocomplete the work. * Compensation for sub-CONSULTANTS will he negotiated based on each task order. Compensation will be through adirect mark-up m Boynton Beach Utilities-General Consulting Services C-14 v.5CLEAN FINAL Page 442of1O55 accordance with the Schedule of Professional Fees attached hereto. Sub-consulting services shall be approved by the CITY'S representative prior to performance of the sub-consulting work. Consulting time for processing and management of the sub- CONSULTANT shall not be included in direct costs as the direct mark- upisapp|iedformanagementeforto. � The CONSULTANT may submit vouchers tuthe CITY once per month during the progress of the Work for partial payment for project completed todate. Such vouchers will be verified by the C|TY, and upon approval thereof, payment will bomade tothe CONSULTANT in the amount approved. * |ncertain cases where incremental billing for partially completed Work is permitted bythe CITY'S representative,the total incremental billings shall not exceed the percentage ofestimated completion nfidentifiable deliverables o,accepted deliverables ono,the billing date. * Computation of Time Charges/Not-to-Exceed Method of Payment: When a service ism be compensated bused untime charge/not-to- exceed method, the CONSULTANT shall submit o not-to-exceed proposal to the CITY'S representative for p,|u, uppnmo| based on estimated labor hours and hourly rates which oxoU not exceed the established hourly rates as per the Schedule of Professional Fees attached herem, plus sub-CONSULTANT services and other related costs supporting the proposed work. The CITY shall not beobligated toreimburse the CONSULTANT for costs incurred inexcess ofthe total nu»«u'exceadcost amount. � Final payment of any balance due the CONSULTANT ofthe total contract price earned will bemade promptly upon its ascertainment and verification by the CITY after the completion of the Work under this Agreement and its acceptance bythe CITY,which shall occur nolater than 3Odays following receipt ofthe invoice. * Final Invoice: |norder for both parties herein hoclose their books and records, the CONSULTANT will clearly state "final invoice" on the CONSULTANT'S finoNmat billing 10the CITY. The final invoice certifies that all services have been properly performed and all charges and costs have been invoiced to the QTY. Since this account will thereupon be o|000d, and any other further charges if not properly included onthis invoice are considered waived bythe CONSULTANT. w The cost ovall services aostated herein shall remain fixed and firm for the initial two (2) year period of the contract. Costa for subsequent years and any extension terms shall besubject toanadjustment only if increases incur in the industry. However, unless very unusual and significant changes have occurred inthe industry,such increases shall not exceed 5% per year, o, whichever is |auo. the latest yearly percentage increase mthe All Urban Consumers Price |ndex(CP|-U) (National) as published by the Bureau of Labor Statistics. U.S. uvvomwaoachom/ues'omcm/c"o,um"uxem/co C'1s V.5 CLEAN FINAL Page 443of1O55 Department Labor. The yearly increase, or decrease in the CPI shall be the latest index published and available ninety(90)days prior to the end of the contract year then in effect, compared to the index for the same month one(1)year prior. Any requested cost increase shall be fully documented and submitted to the CITY at least sixty (60) days prior to the contract anniversary date. Any approved cost adjustments shall become effective upon the anniversary date of the contract. In the event the CPI or industry costs decline, the CITY shall have the right to receive from the CONSULTANT, a reasonable reduction in costs that reflect such changes in the industry. The CITY may after examination,refuse to accept the adjusted costs if they are not properly documented, increases are considered to be excessive,or decreases are considered to be insufficient. In the event the CITY does not wish to accept the adjusted costs and the matter cannot be resolved to the satisfaction of the CITY,the Contract may be cancelled by the CITY upon giving thirty (30) calendar days written notice to the CONSULTANT ARTICLE 5-OWNERSHIP AND USE OF DOCUMENTS 5.1 Upon completion of the project and final payment to CONSULTANT, all documents, drawings, specifications and other materials produced by the CONSULTANT in connection with the services rendered under this Contract the documents shall be the property of the CITY whether the Project for which they are made is executed or not. Notwithstanding the foregoing, the CONSULTANT shall maintain the rights to reuse standard details and other design features on other projects. The CONSULTANT shall be permitted to retain copies, including reproducible copies,of drawings and specifications for information, reference and use in connection with CONSULTANT'S endeavors. Any use of the documents for purposes other than as originally intended by this Contract,without the written consent of CONSULTANT, shall be at the CITY'S sole risk and without liability to CONSULTANT and CONSULTANT'S sub-CONSULTANTS. ARTICLE 6-FUNDING 6.1 This Contract shall remain in full force and effect only as long as the expenditures provided in the Contract have been appropriated by the City Commission of Boynton Beach in the annual budget for each fiscal year of this Contract, and is subject to termination based on lack of funding. ARTICLE 7-WARRANTIES AND REPRESENTATIONS 7.1 CONSULTANT represents and warrants to the CITY that it is competent to engage in the scope of services contemplated under this Contract and that it will retain and assign qualified professionals to all assigned projects during the term of this Contract. CONSULTANT'S services shall meet a standard of care for professional Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-16 Page 444 of 1055 engineering and related services equal to the standard of care for engineering professional practicing under similar conditions. In submitting its response 1othe RFO. CONSULTANT has represented toCITY that certain individuals employed byCONSULTANT shall provide services tnCITY pursuant tuthis Contract. CITY has relied upon such representations. Therefore,CONSULTANT shall not change the designated Project Manager for any project without the advance written approval ofthe CITY,which consent shall not beunreasonably withheld. ARTICLE W'COMPLIANCE WITH LAWS 8.1 CONSULTANT nhaU, in performing the services contemplated by this service Contract, faithfully nbnunm and comply with all hadero|, state and local laws, ordinances and regulations thatavuapp|icaWetothesemiceshobenanderedunder this Contract,shall review and comply with laws,regulations,codes and standards in effect as of the date of this agreement that are applicable to CONSULTANT'S services and shall exercise professional xo,e and judgment to comply with requirements imposed by governmental authorities having jurisdiction over the project. Should changes in any law, o,dinance, or regulation result in increased costs or delays to services rendered,both parties agree to an equitable adjustment mschedules and prices. ARTICLE R'INDEMNIFICATION 9.1 Subject to the limiting provisions of Florida Statute 725.08. CONSULTANT uxe|| indemnify, and hold harmless the CITY, its offices, agents and employees,from and against any and all |uaaos, or any portion themof, including noononob|o attorneys'fees and costs,arising from injury or death to persons,including injuries, uiukneoo, disease or death to CONSULTANT'S own employees, u, damage ou property to the d by negligence, N intentionally wrongful ounUuu1 of CONSULTANT or other persons employed or utilized by CONSULTANT in performance of CONSULTANT'S duties. Neither party tothis Contract shall be liable for any specia|, incidenta|, indirect or consequential damages of any kind, including but not limited to lost profits or use that my result from this Contract orout ofthe services orgoods furnished hereunder. 9.2 To the greatest extent permitted pursuant to Section 725.06, Florida Statutes, CUNGULTANT'uindemnification obligation (when providing services hnCITY) shall not exceed the value of CON8ULTANT's total compensation. Such obligation shall not be construed to negate, abridge orotherwise reduce other rights or obligations of indemnity which would otherwise exist as to a party or person described inthis Article. PURSUANT TO FLORIDA STAT[]l[E, NO INDIVIDUAL DESIGN PROFESSIONAL EMPLOYE[] BY []RACTING/\S/\N AGENT OF CONSULTANT MAY BE HE[[] INDIVIDUALLY LIABLE FOR DAMAGES RESULTING FROM THE NEGLIGENCE OCCURRING WITHIN THE COURSE AND SCOPE OF THIS PROFESSIONAL SERVICES AGREEMENT Boynton Beach Utilities-General Consulting Services C-17 v.5CLEAN FINAL ARTICLE 10-INSURANCE 10.1 During the performance of the services under this Contract, CONSULTANT shall maintain the following insurance policies, and provide certificates of insurance evidencing such coverages and limits, and shall be written by an insurance company authorized to do business in Florida. 10.1.1 Worker's Compensation Insurance: The CONSULTANT shall procure and maintain for the life of this Contract, Worker's Compensation Insurance covering all employees with limits meeting all applicable state and federal laws. CONSULTANT shall include the Worker's Compensation and Employer's Liability Insurance requirements in its subcontracts. This coverage shall include Employer's Liability with limits meeting all applicable state and federal laws. This coverage must extend to any sub- CONSULTANT that does not have their own Worker's Compensation and Employer's Liability Insurance, unless not required by statute. The policy must contain a waiver of subrogation in favor of the CITY of Boynton Beach, executed by the insurance company. 10.1.2 Comprehensive General Liability: The CONSULTANT shall procure and maintain for the life of this Contract, Comprehensive General Liability Insurance. This coverage shall be on an "Occurrence" basis. Coverage shall include Premises and Operations;Independent Contractors,Products Completed Operations and Contractual Liability with specific reference of Article 9, "Indemnification" of this Contract. Thin policy shall provide coverage for death, personal injury or property damage that could arise directly or indirectly from CONSULTANT'S negligent performance of this Agreement. CONTRACTOR shall maintain a minimum coverage of $1,000,000 per occurrence and$1,000,000 aggregate for personal injury/ and $1,000.000 per occurrence/aggregate for property damage. The general liability insurance shall include the CITY as an additional insured and shall include a provision prohibiting cancellation of the policy upon thirty(30)days prior written notice to the CITY,except for cancellation due to non-payment of premium. 10.1.3 Business Automobile Liability: The CONSULTANT shall procure and maintain, for the life of this Contract, Business Automobile Liability Insurance. The CONSULTANT shall maintain a $1,000,000 combined single limit for bodily injury and property damage liability to protect the CONSULTANT from claims for damage for bodily and personal injury, including death, as well as from claims for property damage, which may arise from the ownership, use of maintenance of owned and non-owned automobile, included rented automobiles, whether such operations be by the CONSULTANT or by anyone directly or indirectly employed by the CONSULTANT. 10.1.4 Professional Liability (Errors and Omissions) Insurance: The CONSULTANT shall procure and maintain for the life of this Contract in the minimum amount of$1,000,000 per claim/aggregate. Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-18 Page 446 of 1055 102 It shall be the responsibility of the CONSULTANT to ensure that all sub- CONSULTANTS comply with the same insurance requirements referenced above. ub-CONGULTANTSoomplywdhthesameinaunenoeequinementseferencedabove. 10.3 In the judgment of the C|TY, prevailing conditions warrant the provision by the CONSULTANT of additional liability insurance coverage or coverage which is different inkind, the CITY reserves the right torequire the provision by CONSULTANT of an amount n[ coverage different from the amounts or kind previously required and shall afford written notice ofsuch change in requirements thirty (30) days prior tothe date on which the requirements shall take effect. Should the CONSULTANT fail or refuse to satisfy the requirement ofchanged coverage within the thirty(30)days following the CITY'S written notice,the CITY, at its sole option, may terminate the Contract upon written notice to the CONSULTANT,said termination taking effect on the date that the required change inpolicy coverage would otherwise take effect. 10.4 CONSULTANT shall,for a period of two(2)years following the termination of the Agreement, maintain e"tail coverage"|nonamount equal tuthat described above if coverage is not otherwise renewed for Comprehensive Liability Insurance on a claims-made policy only. ARTICLE 11 -INDEPENDENT 11.1 The CONSULTANT and the CITY agree that the CONSULTANT ioanindependent CONSULTANT with respect umthe services provided pursuant mthis Contract. Nothing in this Contract shall be considered to create the relationship of employer and employee between the parties hereto. Neither CONSULTANT nor any employee of CONSULTANT ahu|| be entitled to any benefits aouun1ed CITY employees by virtue of the services provided under this Contract.The CITY shall not be responsible for withholding or otherwise deducting federal income tax o, social security or for contributing to the state industrial insurance pmgrom, otherwise assuming the duties ofanemployer with respect|uCONSULTANT, or any employee ofCONSULTANT. 11.2 CONSULTANT acknowledges and understands that, as an independent CONSULTANT pursuant tothis Agreement, CONSULTANT shall comply with Chapter 118, Florida G+adu+ey, as amended (Public Records). CONSULTANT'S obligation includes, but is not limited to CONSULTANT'S obligation to preserve public records and make public records available tothird parties inaddition tothe CITY. ARTICLE 12'COVENANT AGAINST CONTINGENT FEES 12.1 The CONSULTANT warrants that hohas not employed o,retained any or person,other than a bonafide employee working solely for the CONSULTANT, to solicit or secure this Contract, and that he has not paid or agreed to pay any company or person, other than a bonafide employee working solely for the CONSULTANT, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty,the CITY shall have the right to annul this Contract without liability or, in its discretion to deduct from the contract Boynton Beach Utilities'General Consulting Services C-19v.5cLaxmpmAL price or consideration, or otherwise recover, the full amount of such fee, commission,percentage, brokerage fee,gift,or contingent fee. ARTICLE 13—TRUTH-IN-NEGOTIATION CERTIFICATE 13.1 Execution of this Contract by the CONSULTANT shall act as the execution of a truth-in-negotiation certificate certifying that the wage rates and costs used to determine the compensation provided for in this Contract is accurate, complete, and current as of the date of the Contract. 13.2 The said rates and cost shall be adjusted to exclude any significant sums should the CITY determine that the rates and costs were increased due to inaccurate, incomplete,or non-current wage rates or due to inaccurate representations of fees paid to outside CONSULTANTS. The City shall exercise its rights under this "Certificate"within one(1)year following payment. ARTICLE 14-SUBCONTRACTING 14.1 The CITY reserves the right to accept the use of a SUB-CONSULTANT or to reject the selection of a particular sub-CONSULTANT and to inspect all facilities of any SUB-CONSULTANTS in order to make a determination as to the capability of the SUB-CONSULTANT to perform properly under this contract. The CONSULTANT is encouraged to seek local vendors for participation in subcontracting opportunities. If the CONSULTANT uses any sub CONSULTANTS on this project the following provisions of this Article shall apply: 14.2 If a SUB-CONSULTANT fails to perform or make progress, as required by this Contract, and it is necessary to replace the SUB-CONSULTANT to complete the work in a timely fashion, the CONSULTANT shall promptly do so, subject to acceptance of the new SUB-CONSULTANT by the CITY. The substitution of a subcontractor shall not be adequate cause to excuse a delay in the performance any portion of this contract as set forth in the Scope of Work. 14.3 The CONSULTANT, its SUB-CONSULTANTS, agents, servants, or employees agree to be bound by the Terms and Conditions of this Contract and it's agreement with the SUB-CONSULTANT for work to be performed for the City the CONSULTANT must incorporate the terms of this contract. ARTICLE 15-DISCRIMINATION PROHIBITED 15.1 The CONSULTANT, with regard to the work performed by it under this Contract, will not discriminate on the grounds of race, color, national origin, religion, creed, age,sex or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. ARTICLE 16-ASSIGNMENT 16.1 The CONSULTANT shall not sublet or assign any of the services covered by this Contract without the express written consent of the CITY. Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-20 Page 448 of 1055 ARTICLE 17-.NON-WAIVER 17.1 A waiver by either CITY or CONSULTANT of any breach of this Contract shall not be binding upon the waiving party unless such waiver is in writing. In the event of a written waiver, such a waiver shall not affect the waiving party's rights with respect to any other or further breach. The making or acceptance of a payment by either party with knowledge of the existence of a default or breach shall not operate or be construed to operate as a waiver of any subsequent default or breach. ARTICLE 18—TERMINATION 18.1 Termination for Convenience: This Contract may be terminated by the CITY for convenience, upon ten (10) days of written notice by the terminating party to the other party for such termination in which event the CONSULTANT shall be paid its compensation for services performed to termination date, including services reasonably related to termination. In the event that the CONSULTANT abandons the Contract or causes it to be terminated,CONSULTANT shall indemnify the CITY against loss pertaining to this termination. 18.2 Termination for Default: In addition to all other remedies available to the CITY,this Contract shall be subject to cancellation by the CITY for cause, should the CONSULTANT neglect or fail to perform or observe any of the material terms, provisions,conditions, or requirements herein contained, if such neglect or failure continue for a period of thirty(30)days after receipt by CONSULTANT of written notice of such neglect or failure. In the event of non-payment of other material breach of this Contract by CITY, the Contract is subject to cancellation by CONSULTANT should such condition continue for a period of thirty(30)days after receipt by CITY of written notice of breach. ARTICLE 19—,DISPUTES AND VENUE 19.1 Any dispute arising out of the terms or conditions of this Contract shall be adjudicated within the courts of Florida. Further, this Contract shall be construed under Florida Law. Claims, disputes or other matters in question between the parties to this Contract arising out of or relating to this Contract shall be in a court of law. The CITY does not consent to mediation or arbitration for any matter connected to this Contract. The parties agree that any action arising out of this Contract shall take place in Palm Beach County,Florida. ARTICLE 20—.UNCONTROLLABLE FORCES 20.1 Neither the CITY nor CONSULTANT shall be considered to be in default of this Contract if delays in or failure of performance shall be due to Uncontrollable Forces, the effect of which, by the exercise of reasonable diligence, the non- performing party could not avoid. The term "Uncontrollable Forces" shall mean any event which results in the prevention or delay of performance by a party of its obligations under this Contract and which is beyond the reasonable control of the non-performing party. It includes, but is not limited to fire, flood, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage, and Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-21 Page 449 of 1055 governmental actions. In such circumstances, parties agree to an equitable adjustment of schedules and prices. 20.2 Neither party shall, however, be excused from performance if non-performance is due to forces which are preventable,removable,or remediable,and which the non- performing party could have,with the exercise of reasonable diligence,prevented, removed,or remedied with reasonable dispatch. The non-performing party shall, within a reasonable time of being prevented or delayed from performance by an uncontrollable force, give written notice to the other party describing the circumstances and uncontrollable forces preventing continued performance of the obligations of this Contract. ARTICLE 21—CITY-PROVIDED INFORMATION AND SERVICES 21.1 CITY shall furnish CONSULTANT available studies, reports and other data pertinent to CONSULTANT'S services; obtain or authorize CONSULTANT to obtain or provide additional reports and data as required;furnish to CONSULTANT services of others required for the performance of CONSULTANT'S services hereunder, and CONSULTANT shall be entitled to use and rely upon all such information and services provided by CITY or others in performing CONSULTANT'S services under this Agreement. ARTICLE 22—.ESTIMATES AND PROJECTIONS 22.1 In providing opinions of cost, financial analyses, economic feasibility projections, and schedules for potential projects, CONSULTANT has no control over cost or price of labor and material; unknown or latent conditions of existing equipment or structures that may affect operation and maintenance costs; competitive bidding procedures and market conditions;time or quality of performance of third parties; quality, type, management, or direction of operating personnel; and other economic and operational factors that may materially affect the ultimate project cost or schedule.Therefore,CONSULTANT makes no warranty that CITY'S actual project costs, financial aspects, economic feasibility, or schedules will not vary from CONSULTANT'S opinions,analyses, projections, or estimates. ARTICLE 23—THIRD PARTIES 23.1 The services to be performed by CONSULTANT are intended solely for the benefit of CITY. No person or entity not a signatory to this Agreement shall be entitled to rely on CONSULTANT'S performance of its services hereunder, and no right to assert a claim against CONSULTANT by assignment of indemnity rights or otherwise shall accrue to a third party as a result of this Agreement or the performance of CONSULTANT'S services hereunder. Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-22 Page 450 of 1055 ARTICLE 24-NOTICES 24.1 All notices required in this Contract shall be sent to the CITY and shall be mailed to: City of Boynton Beach Copy to: Attn: Utilities Director City of Boynton Beach 124 E.Woolbri ht Road Attn: Procurement Services Boynton Beach, FL 33435 P.O. Box 310 Boynton Beach, FL 33425 And Notices to CONSULTANT,shall be sent to the following address: CH2M HILL ENGINEERS, INC. 550 W.Cypress Creek Rd Fort Lauderdale, FL 33309 Attn:Gerrit Bulman ARTICLE 25-INTEGRATED AGREEMENT 25.1 This Contract,together with the RFQ/RFP and any addenda and/or attachments, represents the entire and integrated agreement between the CITY and the CONSULTANT and supersedes all prior negotiations, representations, or agreements written or oral. This Contract may be amended only by written instrument signed by both CITY and CONSULTANT. 25.2 In the event of a conflict between a provision of this Agreement and a provision of an individual Task Order,the provision of the Task Order will control. ARTICLE 26-SOVEREIGN IMMUNITY 26.1 CITY is a political subdivision of the State of Florida and enjoys sovereign immunity. Nothing in the Agreement is intended, nor shall be construed or interpreted,to waive or modify the immunities and limitations on liability provided for in Section 768.28, Florida Statute, as may be emended from time to time, or any successor statute thereof. To the contrary,all terms and provisions contained in the Contract, or any disagreement or dispute concerning it, shall be construed or resolved so as to insure CITY of the limitation from liability provided to any successor statute thereof. To the contrary, all terms and provision contained in the Contract, or any disagreement or dispute concerning it, shall be construed or resolved so as to insure CITY of the limitation from liability provided to the State's subdivisions by state law. 26.2 In connection with any litigation or other proceeding arising out of the Contract,the prevailing party shall be entitled to recover its own costs and attorney fees through and including any appeals and any post-judgment proceedings. CITY'S liability for costs and attorney's fees, however, shall not after or waive CITY'S entitlement to sovereign immunity, or extend CITY'S liability beyond the limits established in Section 768.28, Florida Statutes,as amended. Boynton Beach Utilities-General Consulting Services C-23 V.5 CLEAN FINAL Page 451 of 1055 ARTICLE 27—PUBLIC RECORDS 27.1 The City is public agency subject to Chapter 119, Florida Statutes. The CONSULTANT shall comply with Florida's Public Records Law. Specifically, the Contractor shall A. Keep and maintain public records required by the CITY to perform the service; B. Upon request from the CITY'S custodian of public records,provide the CITY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in chapter 119,Fla.Stat.or as otherwise provided by law; C. Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and, following completion of the contract, Contractor shall destroy all copies of such confidential and exempt records remaining in its possession once the Contractor transfers the records in its possession to the CITY;and D. Upon completion of the contract,Contractor shall transfer to the CITY, at no cost to the CITY,all public records in Contractor's possession All records stored electronically by Contractor must be provided to the CITY,upon request from the CITY'S custodian of public records,in a format that is compatible with the information technology systems of the CITY. E. IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: (CITY CLERK) P.O. BOX 310 BOYNTON BEACH,FLORIDA,33425 561-742-6061. PYLEJ(a-)BBFL.US Article 28-LIMITATION OF LIABILITY THE PARTIES HAVE EVALUATED THE RESPECTIVE RISKS AND REMEDIES UNDER THIS AGREEMENT AND AGREE TO ALLOCATE THE RISKS AND RESTRICT THE Boynton Beach utilities-General Consulting Services V.5 CLEAN FINAL C-24 Page 452 of 1055 REMEDIES TO REFLECT THAT EVALUATION. CITY AGREES TO RESTRICT ITS REMEDIES UNDER THIS AGREEMENT AGAINST CONSULTANT, ITS PARENTS, AFFILIATES AND SUBSIDIARIES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS AND EMPLOYEES, ('`CONSULTANT'S COVERED PARTIES''), SO THAT THE TOTAL AGGREGATE LIABILITY OF THE CONSULTANT'S COVERED PARTIES SHALL NOT EXCEED THE VALUE OF CONSULTANT'S SERVICES UNDER THE ASSIGNED TASK ORDER. THIS RESTRICTION OF REMEDIES SHALL APPLY TO ALL SUITS,CLAIMS,ACTIONS, LOSSES,COSTS(INCLUDING ATTORNEY FEES)AND DAMAGES OF ANY NATURE ARISING FROM OR RELATED TO THIS AGREEMENT WITHOUT REGARD TO THE LEGAL THEORY UNDER WHICH SUCH LIABILITY IS IMPOSED. CLAIMS MUST BE BROUGHT WITHIN ONE CALENDAR YEAR FROM PERFORMANCE OF THE SERVICES UNLESS A LONGER PERIOD IS REQUIRED BY LAW. IN WITNESS WHEREOF,the parties hereto have executed this Contract in multiple copies, each of which shall be considered an original on the following dates: DATED this %,2Ny day of . 7 20 . ct}.jm /}11-1- 5w&l/voEQS,.s-IVC. CITY OF BOYNTON BEACHgett City Manager CO A T Attest/Authenticated: Title t5 City Clerk Approv a to Form: Attest/Authenticated: i Offi of the Ci ttt ney 1pof-S r ary i Boynton Beach Utilities-General Consulting Services C-25 V.5 CLEAN FINAL Page 453 of 1055 EXHIBIT"A" RATE SHEET FEE SCHEDULE FIRM: CH2M HILL ENGINEERS,INC. DATE: March 19 2018 Hourly Personnel Classifications I Rate Principal $298 Project Manager $235 Senior Engineer $259 Process Engineer $107 Sr Electrical Egn. $211 Elec.Egn. $125 Process Control/Inst.Egn. $125 Sr.Mechanical Engineer $192 Mechanical Engineer $116 Engineer $125 Designer $107 GIS Specialist $125 CADD/Technician $116 Public Relations Specialist $189 Construction Inspector $116 Sr.Rate analyst $225 Clerical/Administrative $88 Reimbursable Expenses: Direct costs such as postage,prints,delivery service will be billed at cost. Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-26 Page 454 of 1055 EXHIBIT"B" City of Boynton Beach Risk Management Department INSURANCE ADVISORY FORM Under the terms and conditions of all contracts,leases,and agreements,the City requires appropriate coverages listing the City of Boynton Beach as Additional Insured. This is done by providing a Certificate of Insurance listing the City as"Certificate Holder" and"The City of Boynton Beach is Additional Insured as respect to coverages noted."Insurance companies providing insurance coverages must hate a current rating by A.M.Best Co.of"B+"or higher.(NOTE: An insurance contract or binder may be accepted as proof o/insurance if fertificate is provided upon selection of vendor.) The following is a list of types of insurance required of contractors,lessees.etc.,and the limits required by the City: (NOTE: This list is not all inclusive,and the City reserves the right to require additional types of insurance,or to raise or lower the stated limits,based upon identified risk) --------------------------------------------------------------------------------------------------------------------------------- TI�PE (Occurrence Based Only) MINIMUM LIMITS REQUIRED ---------------------------------------------------------------------------------------------------------------------------------- General Liability General Aggregate $L000.000.00 Commercial General Liability Products-Comp/Op Agg. $1,000,000.00 Owners&Contractor's-Protective(OCP) Personal&Adv.Injury $LOK000.00 Liquor Liability Each Occurrence $1.000.000.00 Professional Liability Fire Damage(any one fire) $ 50.000.00 Employees&Officers Med.Expense(any one person) $ 5,000.00 Pollution Liability Asbestos Abatement Lead Abatement Broad Form Vendors Premises Operations' Underground Explosion&Collapse Products Completed Operations Contractual Independent Contractors Broad Form Property Damage Fire Legal Liability ---------------------------------------------------------------------------------------------------------------------------------------- Automobile Liability Combined Single Limit $ 500,000.00 Any Auto Bodily Injury(per person) to be determined All Owned Autos Bodily Injury(per accident) to be determined Scheduled Autos Property Damage to be determined Hired Autos "Trailer Interchange $ 50,000.00 Non-Owned Autos PIP Basic Intermodal ----------------------------------------------------------------------------------------------------------------------------------------- Garage Liability .Auto Only.Each Accident $1,000.000.00 Any Auto Other Than Auto Only $ 100.000.00 Garage Keepers Liability Each Accident $1.000,000.00 Aggregate $1,000,000.00 ---------------------------------------------------------------------------------------------------------------------------------------- Excess Liability Each Occurrence to be determined Umbrella Form Aggregate to be determined ------------------------------------------------------------------------------------------------------------------------------------------ Worker's Compensation Statutory Limits Employer's Liability Each Accident $ 100,000.00 Disease,Policy Limit $ 500,000.00 Disease Each Employee $ 100,000.00 ---------------------------------------------------------------------------------------------------------------------------------------- Property Homeowners Revocable Permit $ 300,000.00 Builder's Risk Limits based on Project Cost ----------------------------------------------------------------------------------------------------------------------------------------- Other- As Risk Identified to be determined ----------------------------------------------------------------------------------------------._--------------------------------------- Boynton Beach Utilities-General Consulting Services C-27 V.5 CLEAN FINAL Page 455 of 1055 EXHIBIT"C" PERFORMANCE EVALUATION FORM CONSULTING ENGINEERS Date: Name of Firm: Office Location: I. Service: (Check One) F�, Planning Study Activity,Report,Other L Design/Engineering Services/Preliminary Bid Document Final Document/Bidding/Contractor Award E Construction Phase/Completion 2. Name of Project: 3. Project Manager: CONSTRUCTION CONTRACT DATA 5. a. Engineer's estimate: $ Final Cost: $ b.Substantial Construction Completion Date: c. Final Construction Completion Date: b. 1 Overall Rating I (Check One) Unsatisfactory Poor Fair Good Excellent 7. 1 Recommended for Future Contracts? Yes No Conditional If other than yes,provide detailed explanation on a separate sheet of a er. 8. Name.title,and office of rating officer(e.g.Utilities Director): 9. Si nature of ratin officer: Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-�$ Page 456 of 1055 EXHIBIT"C" PERFORMANCE EVALUATION FORM CONSULTING ENGINEERS(CONTINUED) DESIGN/ENGINEERING SERVICES AND PRELIMINARY BID DOCUMENT PREPARTION PHASE Rate numerically 1 to 5 with 5 being the hi hest score N/A 1. Thorough site investigation 1 2 1 3 4 5 2. Meeting cost limitations 1 2 3 4 5 3. Design/results suitability 1 2 3 4 5 4. Cooperative&responsive 1 2 3 4 5 5. Timeliness of submissions 1 2 3 4 5 6. *Plans clear/detailed 1 2 3 4 5 7. *Plan/s ec accuracy 1 2 3 4 5 *Preliminary administrative/limited staff review/evaluation of levels of clarity, accuracy,and coordination between disciplines. Name and title of rating officer(e.g. Utilities Director): Signature of rating officer: FINAL DOCUMENT PREPARATION, BID,&AWARD BY CONSULTANT Rate numerically 1 to 5 with 5 being the hi hest score N/A 1. Secs afford competition 1 2 3 4 5 2. Secs complete/thorough 1 2 3 4 5 3. Accuracy of documents 1 2 3 4 5 4. Requirements within engineer's estimate 1 2 3 4 5 5. Cooperative attitude 1 2 3 4 5 6. Timeliness of submissions 1 2 3 4 5 7. Pre-bid conference participation 1 2 3 4 5 8. Respons to inquiries 1 2 3 4 5 9. Bid evaluation quality/timeliness 1 2 3 4 5 10. Response to building&permitting agencies 1 2 3 4 5 11. Addendum preparation&permit applications 1 2 3 4 5 Name and title of rating officer(e.g. Utilities Director): Signature of rating officer: Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-29 Page 457 of 1055 EXHIBIT"C" PERFORMANCE EVALUATION FORM CONSULTING ENGINEERS(CONTINUED) CONSTRUCTION PHASE COMPLETION Rate numerically 1 to 5 with 5 being the hi hest score N/A 1.-- Drawings Reflect True Conditions 1 2 3 4 5 Z. Plans/Specs Accurate/Coordinated 1 2 3 4 5 3. Design Constructability 1 2 3 4 5 4. Timeliness/Quality of Processing Submittals 1 2 3 4 5 5. Product/Equipment Selection Availability 1 2 3 4 5 6. Field Consultation and Investigations 1 2 3 4 5 7. Quality of Support Services 1 2 3 4 5 8. Overall Construction Contract Administration 1 2 3 4 5 9. Project Closeout Documentation Review 1 2 3 4 5 10. Validityof Claims for Extra Costs 1 2 3 4 5 11. Did Consultant provide sufficient copies of signed plans to allow for timely review and approval by all 1 2 3 4 5 Permitting Agencies? 12. Did the Consultant actively participate in overcoming problems with the Contractor, Building 1 2 3 4 5 Officials and/or Regulatory Agencies? 13. Change Order Processing(Accuracy,Timeliness, 1 2 3 4 5 Documentation,etc. 14. Did the Consultant exercise adequate/effecting coordination and control of subconsultant(s)or 1 2 3 4 5 associates work and paperwork? 15. Proactive Participation in Resolution of Dispute(s)? 1 2 3 4 5 Name and title of rating officer(e.g. Utilities Director): Signature of rating officer: Boynton Beach utilities-General Consulting Services V.5 CLEAN FINAL C-3D Page 458 of 1055 EXHIBIT "C" PERFORMANCE EVALUATION FORM CONSULTING ENGINEERS (continued) PLANNING/STUDY ACTIVITY, REPORT,OTHER Rate numerically 1 to 5 with 5 beingthe highest score N/A 1. Thorough investi ation of situation or activity 1 2 3 4 5 2. Cooperative attitude 1 2 3 4 5 3. Timeliness of submissions 1 2 3 4 5 4. Accuracy of documents 1 2 3 4 5 5. Did the Consultant offer cost saving solutions? 1 2 3 4 5 6. Did the Consultant actively participate in problem 1 2 3 4 5 solving? 7. Overall results 1 2 3 4 5 Name and title of rating officer(e.g. Utilities Director): Signature of rating officer: Boynton Beach Utilities-General Consulting Services VS CLEAN FINAL C-31 Page 459 of 1055 Task Order #UT-2A-02 - Professional Services for Pilot Testing and Improvements to Pre-Treatment and NF Membrane Skids at the West WTP Background The City of Boynton Beach (CITY) owns and operates the West Water Treatment Plant (WTP), commissioned in the early 1990's. The West WTP treats Surficial Aquifer groundwater and has a fairly typical process for this type of groundwater. Pretreatment consists of sulfuric acid injection, cartridge filtration, and then scale inhibitor injection. Main treatment consists of six membrane skids with two stage NF treatment and first stage permeate throttling. Post treatment includes degasification of NF membrane permeate, sodium hydroxide for pH correction and sodium hypochlorite for disinfection. The raw water contains elevated levels of hardness, alkalinity, organic material, and color and modest levels of hydrogen sulfide and iron. Treatment includes a bypass blend arrangement, however this is currently discontinued because of increased hardness passage in Stage 2. The first phase of the West WTP, covering the majority of equipment and structures present today, including NF skids 1-3, was constructed in the early 1990's. The second phase, adding additional cartridge filters, feed pumps and NF skids 4-6, was constructed a few years later. All NF skids are now over 25 years old. As part of a previous task order (#UT-2A-01 Professional services for NF Membrane Replacement at the West WTP), Jacobs concluded that the existing NF skids are in fair condition and should be refurbished or replaced altogether. A few pressure vessels are leaking, Victaulic connections and pressure vessel straps are corroded, and several pressure vessel supports are missing. Each NF skid has 26 vessels in Stage 1 and 10 vessels in Stage 2 and each pressure vessel contains six 8-inch diameter and 40-inch long membrane elements. The average flux is around 16.8 gfd. Each skid has a recovery rate of 85 percent. First stage permeate throttling is used for flux balancing between Stages 1 and 2. The current membrane elements are Dow NF90-400 in Stage 1 and Dow NF270-400 in Stage 2. The installed membrane elements have been in operation for 16 years. The hardness rejection has been significantly reduced over time and they are at the end of their useful life. Based on CITY's records, the last membrane replacement was done in 2004 for Skids 1-3 and in 2006 for Skids 4-6. CITY wants to move forward with membrane element replacement and would like to verify membrane performance through a pilot study and compare with results of membrane projection software. As part of recent projects with the University of Central Florida(UCF), CITY evaluated options for membrane pre-treatment. Since the western wellfield started to supply raw water to the East WTP in 2017, particulate loading rate at the West WTP has significantly increased. Consequently, the West WTP has experienced solids buildup in the cartridge filters, incidental SDI spikes in the raw water and pressure differential fluctuations across both membrane stages. Besides this, CITY is interested in reducing or eliminating sulfuric acid and evaluating the use of non-tracer scale inhibitors. It was recommended to perform a membrane pilot study with the following objectives: • Investigate size and type of particulate loading and evaluate pre-treatment alternatives to minimize particulate fouling. • Use alternative scale inhibitors to provide protection against scaling under reduced sulfuric acid or sulfuric acid-free (called `reduced acid')feed water conditions. • Measure membrane performance and verify against results of membrane projection software. CITY wants to move forward with the pilot study and subsequently with implementation of the pre-treatment improvements and NF membrane skids 1-6 replacements, through a progressive design-build project delivery method. CITY requested an Owner's Agent type scope of work from CH2M HILL Engineers, Inc., now Jacobs, (CONSULTANT) as outlined below. n CH2M H11 Engineers Inc, Page ',I of'm Page 460 of 1055 Scope of Services CONSULTANT will develop a project execution plan for this project and will perform project management activities for this task order under the Consulting Services Agreement between the City of Boynton Beach and CH2M HILL Engineers Inc, dated August 22, 2018. This includes project coordination between CITY, CONSULTANT, equipment vendors and others,document controls, QA/QC on deliverables, health&safety plan, scheduling, invoicing and home office support activities for this project. The level of effort for project management is included in the tasks below. The following sections describe the services to be performed under each task. TASK 1 —PILOT TESTING A pilot study will be performed to test up to three membrane element combinations as selected by each membrane element manufacturer based on historical raw water quality and finished water quality goals, to investigate effective pre-treatment to deal with the increased particulate loading and to reduce acid feed conditions. The anticipated NF pilot skid has a capacity of 20,000 gallons per day, configured in a 2:2:1:1 array of 4-inch diameter three and four element vessels. This unit is designed to replicate the two-stage full-scale system and can achieve 85 percent system recovery.The unit is self-contained, includes cartridge filtration vessel and feed, interstage & chemical metering pumps and will be installed in the NF Building. The unit comes with skid instrumentation and control panel pre-installed, and requires a 480 V, 3-phase & 60 Hertz connection. In addition, a granular multi-media filter and sand strainer pilot unit will be obtained to test the particulate material removal performance. A booster pump will be installed to get the appropriate raw water flow and pressure. These pilot units and booster pump have instrumentation pre-installed and require 120 V, 1- phase&60 Hertz connections. Chemical storage totes, interconnecting piping and electrical cabling will be obtained to complete the pilot plant installation. It is anticipated that the pilot study will last approximately five months with the initial two months focusing on pre-treatment evaluation and optimization with the remaining three months focusing on the performance of different membrane element combinations. It is expected that each membrane element combination will require approximately one month of pilot testing. As part of this first task, CONSULTANT will provide membrane pilot study services listed below: 1.1.Hold a project kickoff meeting attended by up to two team members to discuss project schedule and approach, current NF skid operations and water quality performance, anticipated changes, initial pilot plant approaches and obtain input from operations staff. 1.2.Collect and review latest information from site (recent primary and secondary drinking water parameters, updated feed and permeate water quality, skid normalization spreadsheets, recent particulate testing information, etc) 1.3.Evaluate and select the following pilot plant equipment: • Sand strainer manufacturer, pilot unit size, filter rating and loading rate (from Bollfilter, Hydac or RP Adams) • Granular media filter vessel, media depth and size and filtration rate (from Intuitech or possibly self-assembled) • Membrane element combinations (from Hydranautics, Dow and CSM) • Scale inhibitors products for reduced acid feed pre-treatment conditions (from AWC,Avista) by using membrane and scale inhibitor projection software and by contacting vendors to confirm anticipated performance. 1.4.Develop draft pilot plant installation requirements Technical Memorandum (TM) including site inspection to determine pilot and desktop work locations, shelter needs, electrical sources, water source and connection location, and wastewater disposal and connection locations. „r rEi12 i 0'2.. of ""'-"'en', h.'C ., H I` - CH2M ` i nee. Inc, ` cie 2 :_ 10 Page 461 of 1055 1.5.Develop draft pilot test protocols TM covering background and objectives, pilot system design criteria, process flow diagram and mechanical requirements, proposed schedule, required consumables, water quality sampling and analysis schedules, data acquisition, reporting, data logging sheets and reporting requirements needed to develop full-scale criteria. The protocols will also specify the division of operations and maintenance responsibilities (between CONSULTANT, CITY, equipment vendors and laboratory). 1.6.Meet with CITY to discuss and incorporate comments into the final version of the pilot plant installation requirements and pilot test protocols TMs. 1.7.Identify, procure, install and startup the required pilot equipment per approved pilot plant installation requirements. This task also includes pilot training for CITY's operations. During this subtask, the following aspects will be coordinated with CITY: • NF pilot skid and granular media filter&sand strainer locations. • Desktop work table and field lab location and arrangement. • Water connections for raw water feed. • Connection for wastewater discharge. • Power connections for 120 V and 480 V. • Remote data or CITY's WIFI communications connections, if applicable. • Purchase and storage of pilot consumables including membrane elements, cartridge filters, and chemicals. • Logistics of equipment delivery, offloading, storage and security arrangement. 1.8.Conduct the pilot study per approved pilot test protocols to verify expected performance under different scenarios. The first phase of the study will include initial characterization of well, feed and permeate waters, and include analysis of particulate matter, SDI, iron and organics. Then, the performance of sand and particulate removal processes will be reviewed, and performance of scale inhibitors verified against projection software under reduced acid feed conditions. Lastly, the performance of different membrane element combinations will be verified against projection software results. CONSULTANT will perform the following subtasks during the pilot study: • Provide part-time (assumed up to 2 days per week)operations support to monitor pilot system performance, make operational adjustments, fix mechanical issues, conduct water quality sampling and water quality testing for field parameters, complete daily logs, and replace consumables. On days that CONSULTANT is not present on site, CITY will perform the sampling and field testing. Water quality analysis for remaining parameters will be done by CITY 's external laboratory. CONSULTANT will coordinate sample pickup and logistics with this external laboratory. • Compile and analyze skid operating and water quality analytical data and provide biweekly graphical representation for CITY (assumed up to 0.5 day per week). Biweekly status updates for CITY will be provided by conference call with the intent to verify the pilot study progress against the pilot test protocols and adjust schedule of remaining test work, if deemed applicable and necessary. 1.9.Prepare a pilot test report at the end of the study summarizing pilot operations, performance data, water quality, and make recommendations for membrane selection. The pilot report will also provide conclusions regarding pre-treatment configuration(s), and anticipated scale inhibitor and acid type and dose and present potential operational cost savings that can be realized by making membrane system improvements. 1.10. Meet with CITY to be attended by up to two team members to discuss the pilot study report and incorporate CITY's comments into the final version. n ` f,r n .� - _} ':t; ` r�.�H��. �I {(-i<7•✓ (` E!i"HH ` F;H.. �; 't rJ Page 462 of 1055 Deliverables: • Meeting agendas and summaries (electronic). • Pilot plant installation requirements TM (draft and final). • Pilot test protocols TM (draft and final). • Regular status updates with CITY. • Pilot test report (draft and final) TASK 2—DESIGN CRITERIA DOCUMENT As part of this task, CONSULTANT will provide professional services during the design criteria package development and bidding of the progressive design-build contract: 2.1.Hold a task kickoff meeting attended by up to two team members to discuss updated project schedule and approach, obtain input from operations staff on design options and criteria,and define the table of contents of the conceptual design and design criteria package documents. 2.2.Evaluate different pre-treatment solutions for particulate removal, covering sand separators and granular media filters based on pilot study results of Task 1. For sand separators, multiple manufacturers active in Florida for similar applications will be contacted and product information will be reviewed, and recommendations made. 2.3.Evaluate different solutions for minimizing membrane scaling by different combinations of reduced sulfuric acid and scale inhibitor pre-treatment, based on pilot study results of Task 1, in conjunction with post-membrane re-carbonation. 2.4.Evaluate changes to existing NF membrane system configuration, including: • Membrane skid size: replacing existing six skids like-for-like with 1.45 mgd each, versus for instance four larger skids of approximately 2.2 mgd each. Important considerations are capital cost, footprint and turn-down requirements. • Feed pump arrangement: maintaining existing feed pump arrangement versus converting to a dedicated feed pump per skid arrangement. This will include a discussion on capital cost, pumping, energy and control considerations. • Flux balancing: mantaining Stage 1 permeate throttling or using interstage booster pumps covering energy considerations, flux balancing and controls. • Skid array: maintaining existing 26-10 array with six elements per pressure vessel versus a different array with possible seven elements per pressure vessel. Important considerations are capital cost and minimum work space for replacing membrane elements. 2.5.Develop the conceptual design for the project. The conceptual design report will include a narrative of the work to be performed, design criteria, description of design options with recommendations and conceptual design drawings. 2.6.Meet with CITY to be attended by up to two team members to review the conceptual design report. 2.7.Develop the design criteria package that will include design criteria and performance specifications of major equipment and preliminary design drawings. Drawings may include a site layout showing demolition of existing and installation of new equipment, general arrangement of NF building and conceptual electrical singe line, block & communication and process instrumentation diagrams. The design criteria package will also include a construction and startup sequence to minimize plant operations disruptions and plant interfaces. 2.8.Meet with CITY to be attended by up to two team members to review the design criteria package; n ` f,r n .� - _, ':t; F r .�H�� {(-i<7•✓ Hd Enwiineers ` F;t.-.3 A. o 10 Page 463 of 1055 2.9.Assist CITY with preparing bid document for the contract, participate in the pre-bid meeting attended by one team member and provide responses to technical questions, answer any bidder's questions or address any changes or clarification required to the bid documents. 2.10.Review the bids and provide a bid-award recommendation to CITY. Deliverables: • Meeting agendas and summaries (electronic) • Conceptual Design (15% design level)document (electronic) • Design Criteria Package (30% design level)documents (draft and final) consisting of performance specifications and preliminary design drawings (electronic) • Technical information for bid addenda (electronic) • Responses to technical questions or provide clarifications during bidding (electronic) • Bid-award recommendation (electronic) TASK 3—SERVICES DURING CONSTRUCTION As part of this task, CONSULTANT will provide professional and Owner's Rep. services during the detailed design and installation of the new equipment: 3.1.Provide 24 hours of support to CITY in providing feedback on the final design documents, shop- drawings, equipment cutsheets and requests for information (RFI)from the selected design-builder and their equipment vendors. 3.2.Observe selected construction work, equipment testing, membrane element loading, membrane skid startup and witness performance testing during up to 5 separate part-day site visits, with a total of 16 hours, to the WTP attended by one team member. Results will be documented in observation/witness sheets and made available to CITY. CONSULTANT will only visit after a specific request of CITY. These visits are intended to cover the testing of only a few critical pieces of equipment, not all since that is assumed to be done by the design-build contractor. 3.3.During the month following two NF skids startup, support CITY in optimizing operations of the new membrane skids for 1 one-day visit, with a total of 8 hours. These visits are intended to cover optimization of a limited number of skids. Deliverables: • Shop-drawing review and RFI response sheets (electronic) using City's E-builder software • Installation observation and test witness sheets (electronic) • Coordination memos/emails with operational staff for membrane optimization (electronic) Assumptions The following key assumptions were made in the compilation of this scope of work and the level of effort estimate: 1. CITY will provide existing record drawings, equipment cut sheets of NF skids and ancillary equipment, primary and secondary feed and finished water quality information, up-to-date feed and permeate water quality and NF skids operations data, including up-to-date normalization spreadsheets. 2. CONSULTANT will prepare an agenda and meeting summary of project meetings. 3. City will provide access to E-Builder Project Folder. n .?%- i I <7;i�i<> r,a,I"' E�rh:'C ��;t✓£�� £�� r.�h�.�£��> i F-' {�i<1•✓,(` E.;->`�-j t-j. Inc, ,n{ c;w _10 Page 464 of 1055 4. Pilot testing will be performed with a membrane NF skid that will be leased by CONSULTANT from a membrane system supplier to be operated inside the NF building at the West WTP. The unit will include one full-pass 2-stage pilot skid. Testing will also be performed on granular media filter and sand strainer pilot units that will be leased by CONSULTANT from an equipment vendor and will be located next to NF pilot skid. Other equipment and materials for the pilot plant, covering connecting PVC pipework, hoses and cables will also be provided by CONSULTANT, as well as some pilot consumables like membrane elements and scale inhibitors, except for electricity, cartridges filters and sulfuric acid; those will be obtained from CITY. Pilot systems will be designed for automatic operation, data logging and remote monitoring. Limited operator interaction will be needed for the occasional shutdown/restart of the system or to make minor adjustments of the system. After pilot testing is completed, rental pilot equipment will be returned to the vendors and other pilot materials and equipment handed over to CITY. 5. CONSULTANT will install the pilot plant equipment, partly through a licensed subcontractor and partly through own labor with an allocation of up to 80 hours of on-site support during pilot installation, startup and decommissioning. This includes installation of PVC pipework and hoses for raw water pipeline and wastewater discharge pipelines, installation of additional flow meters and isolation valves. The CONSULTANT subcontractor will make the connections to source the feed water and wastewater pipelines and the terminations to the 120 V and 480 V electrical panels, at prior approved locations with CITY. Based on a site visit, the NF pilot skid and other pilot equipment will be located near the existing cartridge filters. Raw water will be sourced from an existing 1-inch sample line inside the NF Building, wastewater will be discharged in the sump near the cartridge filters and the 120 & 480 V electrical connections will be obtained adjacent to the anticipated pilot equipment location. 6. CONSULTANT will supervise pilot equipment operations, take water samples, perform water quality analytics for field parameters and coordinate weekly pick-up of samples for water quality analytics of remaining parameters by CITY external laboratory, track and document pilot performance using daily logs. It is assumed that CONSULTANT will visit the site for normal operations an average of two full- days each week for a total duration of 20 weeks to verify operations, check consumables, take and coordinate water quality samples, and visually inspect the pilot plant operation. Field parameters may include pH, conductivity, SDI, calcium, hardness and alkalinity. 7. CITY will provide a sheltered, weather-protected location of the pilot equipment, suitable storage for chemical/supplies, inside the existing NF building, a desk-top work location close to the pilot plant to make field notes and perform water quality analysis for field parameters and provide access to CITY's wet laboratory on site to perform some basic titration and other simple water quality analysis for field parameters. Analysis of remaining water quality parameters will be performed by CITY's external laboratory, who will be contracted and get paid directly by CITY. Membrane element autopsies will also be contracted by CITY directly with a vendor. 8. CITY staff will accept delivery of the pilot plant equipment and other materials delivered to the site and store at an agreed location. CITY will also provide operation and sampling/analytics services at days CONSULTANT is not present on site. 9. CITY will provide CONSULTANT with CITY's standard front-end documents for progressive design- build project delivery. 10. CONSULTANT will prepare very conceptual single line, communication block and P&ID diagrams for the design criteria package, or alternatively will prepare a performance description of some of these items in the specifications, with final drawings to be prepared by the design-builder. 11. The preliminary design will include regular coordination with CITY and two formalized design submittals at conceptual (15%) and design criteria package (30%)design level. 12. The permits required for the project will be obtained by the design-builder. 13. The timing of the bid addenda, award recommendation and construction documents is dependent upon bidding and approval times. Tasks associated with bidding and construction phases will be provided in an as-needed basis and timing is dependent upon the bidding schedule administered by CITY and construction schedule of the design-build contractor. n El Page 465 of 1055 14. The number of reviews of bid addenda, shop-drawings, RFI, substitution requests, and number of site visits to the WTP site to observe membrane installation, witness performance testing and optimize operations are based on CONSULTANT's experience with similar Owner's Rep. work and with the design-build contractor performing well. If, for whatever reason, actual numbers deviate from the numbers proposed in this amendment, CONSULTANT may request an amendment to this contract to account for the difference in the level of effort. 15. CITY will provide construction oversight during the design-build construction and CONSULTANT will only review a few shop drawings, equipment cut sheets and RFIs; and witness a few equipment testing, membrane installation, startup and performance testing, after a specific request of CITY. Besides witnessing of these tests, CONSULTANT will not participate in the design-build construction. 16. The presence of CONSULTANT'S personnel at the construction site for witnessing installation and tests do not make CONSULTANT or CONSULTANT'S personnel in any way responsible for those duties that belong to CITY and/or the design builder or other entities, and do not relieve the design builder or any other entity of their obligations, duties, and responsibilities, including, but not limited to, all construction methods, means, techniques, sequences, and procedures necessary for coordinating and completing all portions of the construction work in accordance with the construction contract documents and any health or safety precautions required by such construction work. 17. CONSULTANT and CONSULTANT'S personnel have no authority to exercise any control over any design builder or other entity or their employees in connection with their work or any health or safety precautions and have no duty for inspecting, noting, observing, correcting, or reporting on health or safety deficiencies of the design builder or other entity or any other persons at the site except CONSULTANT'S own personnel. Contract Reference This Task Order shall be performed under the terms and conditions described within the Agreement between the City of Boynton Beach (CITY)and CH2M HILL Engineers, Inc. (CONSULTANT)titled General Consulting Services for RFQ No. 046-2821-17/TP, executed on August 22, 2018. n ` f,r n .� - _} ':t; ` r .�H��. �I {(-i<7•✓ (` E!i"HH Page r -t rJ Page 466 of 1055 Compensation Services proposed by CONSULTANT in this task order will be performed in accordance with the General Consulting Services Agreement for RFQ No. 046-2821-17/TP, executed on August 22, 2018. CONSULTANT proposes to perform the work described herein on a lump sum basis, based on the Fee Table of the contract. The total engineering fee including labor and expenses associated with the task order is $320,533, as shown in the table below. CONSULTANT will provide CITY a monthly invoice for the services provided based upon the schedule values detailed in the compensation table below, along with a summary of activities performed under this contract. An estimated earned value (percent complete) for each project sub-task will be the basis for progress payments. TASK HOURS RATE TOTAL Task 1 Pilot Testing Project Manager 104 $235.00 $24,440 Sr. Mechanical Engineer 54 $192.00 $10,368 Public Relations Specialist 4 $189.00 $756 Engineer 188 $125.00 $23,500 CADD/Technician 24 $116.00 $2,784 Process Engineer 616 $107.00 $65,912 Clerical/Administrative 52 $88.00 $4,576 Expenses $88,646 Subtotal task 1,042 $220,982 Task 2 Design Criteria Document Project Manager 84 $235.00 $19,740 Sr. Mechanical Engineer 234 $192.00 $44,928 Public Relations Specialist 8 $189.00 $1,512 Engineer 0 $125.00 $0 CADD/Technician 72 $116.00 $8,352 Process Engineer 112 $107.00 $11,984 Clerical/Administrative 20 $88.00 $1,760 Expenses $669 Subtotal task 530 $88,945 Task 3 Owner's Rep. Services During Construction Project Manager 4 $235.00 $940 Sr. Mechanical Engineer 48 $192.00 $9,216 Engineer 0 $125.00 $0 Process Engineer 0 $107.00 $0 Clerical/Administrative 3 $88.00 $264 Expenses $186 Subtotal task 55 $10,606 TOTAL $320,533 n ,J tr i <7-�fl�3 Not �, i _, .,'�;t✓,� ,� e atVHs�>� � -,2MH11 En,,iineersInc, '-}FE;{,3 v of 10 Page 467 of 1055 Project Schedule The intended submittal time of each deliverable is included in the table below. The anticipated total duration of this amendment is 1095 calendar days. Task Deliverable Time from NTP Task 1 — Pilot Meeting agendas and summaries As Needed Testing Pilot plant installation requirements TM 4 weeks Pilot test protocols TM 6 weeks Regular status updates As Needed Pilot test report (draft) 32 weeks Pilot test report (final) 36 weeks Task 2— Design Meeting agendas and summaries As Needed Criteria Document Conceptual Design (15% design level)document 44 weeks Design Criteria Package (30% design level)document (draft) 54 weeks Design Criteria Package (30% design level)document (final) 58 weeks Technical information for bid addenda As Needed ' Bid-award recommendation As Needed ' Task 3—Owner's Shop-drawing review and RFI response sheets As Needed 2 Rep. Services During Construction Installation observation and test witness sheets As Needed 2 Coordination with operational staff for membrane optimization As Needed 2 Notes: Timing of the bid support subtasks of Task 2 is governed by the timing of and progress made by City's Procurement and is outside the control of CONSULTANT. 2 Timing of the construction support subtasks of Task 3 is governed by the timing of and progress made by the design-build contractor and is outside the control of CONSULTANT. n .J fr i flr n .� - E! -' "',"'en, ,� F �h� �H��> lI {(�>•✓i(` ;-n{-'{-' Inc, ` FE;{,?:,'3�, 1 Page 468 of 1055 The proposal is effective for 90 days. The contact person of CONSULTANT for this Task Order is GJ Schers, 550 West Cypress Creek Road, Suite 400, Fort Lauderdale, FL 33309, Direct (954) 513-1540, Mobile (239)404-0245. Authorization Submitted by CH2M HILL Engineers, Inc By: Name: Sirpa H. Hall, PE Title: Senior Business Vice President Date: 08/26/2020 Page 469 of 1055 7.E. Consent Bids and Purchases over $100,000 9/15/2020 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 9/15/2020 REQUESTED ACTION BY COMMISSION: Proposed Resolution No. R20-102-Approve the negotiated cost for RFQ#035-2413-19/MFD for SE 1st Street Sidewalk Improvements Design and Consulting Services and Authorize the City Manager to enter in an agreement with Kimley-Horn for the amount of$253,976.00 plus a 10% contingency of$25,397.60 for unforeseen conditions for a total estimated expenditure of$279,343.60. EXPLANATION OF REQUEST: On September 5, 2019, Commission approved the recommendation from the evaluation committee to enter into negotiations with Kimley-Horn for the SE 1st Street Sidewalk Improvements Design and Consulting Services. The committee met with Kimley-Horn and came to an agreement. The City of Boynton Beach received an award for the Palm Beach Transportation Planning Agency's Transportation Alternative Program Grant. The terms of the grant require the plan to be designed in 2020 and constructed in 2022. Kimley-Horn will perform the services in Tasks on a labor fee plus expense basis with the maximum labor fee shown below. Task 1 Construction Documents for SE 1st Street $142,115 Task 2 Utility Coordination $8,715 Task 3 Geotechnical Engineering Services $20,769 Task 4 Drainage Design Analysis $11,760 Task 5 Permits $3,900 Task 6 Public I nvolvement $6,730 Task 7 Subsurface Utility Exploration $14,420 Task 8 Environmental Services $30,577 Task 9 Coordination and Project Management $9,150 Task 10 Post Design Phase $4,940 Reimbursable Expenses $900 Maximum Fee $253,976 Kimley-Horn will not exceed the total maximum labor fee shown without authorization from the Client. Individual task amounts are provided for budgeting purposes only. Kimley-Horn reserves the right to reallocate amounts among tasks as necessary. Labor fee will be billed on an hourly basis according to our then-current rates. All permitting, applications, and similar project fees will be paid directly by the Client. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Approving the negotiated cost and entering into an agreement with Kimley-Horn will allow for the Design I mprovements to be completed and to take advantage of the Grants being provided. Page 470 of 1055 FISCAL IMPACT: Budgeted Funds are allocated via the Palm Beach Transportation Planning Agency's Transportation Alternative Program Grant. ALTERNATIVES: To not approve the negotiated terms and go back out for solicitation. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Resolution Resolution approving Agreement with Kimley Horn for SE 1st Street Sidewalks D Attachment Negotiated Price Agreement dated January 8 2020 D Addendum September 5th Agenda Cover RFQ#035-2413-19/MFD for SE 1st Street D Attachment Sidewalk Improvements Design and Consulting Services D Addendum Kimley-Horn Contract 035-2413-19MFD for SE 1st St Sidewalk Improvements RW Kimley-Horn Submittal for RFQ 035-24130 1st D Addendum Street Sidewalk Improvements Design Consulting Services Page 471 of 1055 1 RESOLUTION NO. R20- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA,APPROVING THE NEGOTIATED COST FOR RFQ# 5 035-2413-19/MFD FOR SE 1ST STREET SIDEWALK 6 IMPROVEMENTS DESIGN AND CONSULTING 7 SERVICES AND AUTHORIZE THE CITY MANAGER TO 8 ENTER INTO AN AGREEMENT WITH KIMLEY-HORN FOR 9 THE AMOUNT OF$253,976.00 PLUS A 10% CONTINGENCY OF 10 $25,397.60 FOR UNFORESEEN CONDITIONS FOR A TOTAL 11 ESTIMATED EXPENDITURE OF $279,343.60; AND 12 PROVIDING AN EFFECTIVE DATE. 13 14 WHEREAS, on September 5, 2019, the City Commission approved the 15 recommendation from the evaluation committee to enter into negotiations with Kimley- 16 Horn for the SE 1st Street Sidewalk Improvements Design and Consulting Services and 17 authorized staff to negotiate an Agreement; and 18 WHEREAS, The City of Boynton Beach received an award for the Palm Beach 19 Transportation Planning Agency's Transportation Alternative Program Grant and the 20 terms of the grant require the plan to be designed in 2020 and constructed in 2022; and 21 WHEREAS, approving the negotiated cost and entering into an agreement with 22 Kimley-Horn will allow for the Design Improvements to be completed and to take 23 advantage of the Grants being provided; and 24 WHEREAS, the City Commission of the City of Boynton Beach upon 25 recommendation of staff, deems it to be in the best interest of the citizens and residents to 26 approve the negotiated cost for RFQ # 035-2413-19/MFD for SE 1st Street Sidewalk 27 Improvements Design and Consulting Services and Authorize the City Manager to enter 28 in an agreement with Kimley-Horn for the amount of$253,976.00 plus a 10%contingency 29 of$25,397.60 for unforeseen conditions for a total estimated expenditure of$279,343.60. 30 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION 31 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 32 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed 33 as being true and correct and are hereby made a specific part of this Resolution upon 34 adoption. 35 Section 2. The City Commission of the City of Boynton Beach, Florida, S:ACA\RESO\Agreements\Agreement With Kimley Hom(SE 1st Street Sidewalk)-Reso.Docx Page 472 of 1055 36 hereby approves the negotiated cost for RFQ 4 035-2413-19/MFD for SE 1st Street 37 Sidewalk Improvements Design and Consulting Services and authorizes the City Manager 38 to enter into an agreement with Kimley-Horn for the amount of$253,976.00 plus a 10% 39 contingency of$25,397.60 for unforeseen conditions for a total estimated expenditure of 40 $279,343, a copy of the Agreement is attached hereto and incorporated herein as Exhibit 41 "A". 42 Section 3. That this Resolution shall become effective immediately. 43 PASSED AND ADOPTED this 15th day of September, 2020. 44 CITY OF BOYNTON BEACH, FLORIDA 45 YES NO 46 47 Mayor— Steven B. Grant 48 49 Vice Mayor— Ty Penserga 50 51 Commissioner—Justin Katz 52 53 Commissioner—Woodrow L. Hay 54 55 Commissioner—Christina L. Romelus 56 57 VOTE 58 ATTEST: 59 60 61 Crystal Gibson, MMC 62 City Clerk 63 64 65 (Corporate Seal) S:ACA\RESO\Agreements\Agreement With Kimley Hom(SE 1st Street Sidewalk)-Reso.Docx Page 473 of 1055 Klmley))) Horn January 8, 2020 Paola Mendoza Associate Engineer City of Boynton Beach Public Works/Engineering 3301 Quantum Blvd, Suite 101 Boynton Beach, FL 33426 Re: RFQ No 035-2413/MFD—SE 1St Street Sidewalk Improvements Design Consulting Services Dear Ms. Mendoza: Kimley-Horn and Associates, Inc. ("Kimley-Horn"or"Consultant")is pleased to submit this letter agreement (the"Agreement")to City of Boynton Beach("Client")for providing engineering services for the SE 1St Street Sidewalk Improvements Project. Understanding We understand that the City intends to obtain final design documents for the roadway and sidewalk improvements along SE 1St Street from Wool bright Road to SE 2 d Avenue and SE 12th Ave from 50' west of SE 1St Street to Federal Hwy. Our previous work with the City entailed completing the limited 30%Design Plans for SE 1St Street in support of the grant funding application with the Palm Beach County Transportation Planning Authority (TPA). The City was successful in obtaining the funding for the project and is now ready to move forward with final design services. It is anticipated that construction would begin in 2022. The approach for SE 1St Street is to advance the concept/limited 30%design to final design in two phases that will be completed concurrently as one bid package. The bid package will, due to TPA funding, need to follow the FDOT Local Assistance Program (LAP) process. Funding approval by the TPA is still in process and is anticipated to be signed by June 2020. The bid package cost estimates will need to identify cost items that are participating verses non-participating for eligiblability for funding by the grant. Phase 1 will consist of the improvements along SE 12th Avenue with median option as the preferred alternative. Phase 1 will be tracked as non-participating since the City has noted they currently have funding allocated for this phase. Phase 2 will consist of improvements along SE 1St Street from Woolbright Road to SE 2 d Avenue. The approach for improvements along SE 1St Street is to incorporate a shared-use path along the westside of the roadway to provide pedestrian and bicycle connectivity. The shared-use path will tie into improvements that are currently being constructed by the City for the Town Center Project that entails improvements along SE 1St Street from Boynton Beach Boulevard to SE 2 d Ave. During the course of our design efforts, we anticipate coordination with FDOT, responding and resolving comments and assisting the City with the processing of design documents through the LAP process for approval by FDOT for the SE 1St Street Improvements. t Page 474 of 1055 Ms. Paola Mendoza January 8, 2020 Page 2 of 9 Scope of Services TASK 1—CONSTRUCTION DOCUMENTS Task 1.1 Base Mapping Update from Survey Kimley-horn will utilize the City provided survey data and CAD drawing files created during the limited 30% design phase for background and base for the plan sheets. Supplemental survey may be necessary to amend the previously provided topographic survey to capture recently constructed drainage improvements within the proposed project limits. Any required survey or as-built drawings during the design process will be provided by the City. Task 1.2 Field Reviews Perform a field observation to field check and document visible conditions relevant to the design. This consists of observing pavement conditions, condition of concrete features (curb ramps, cross gutters, curb and gutter, sidewalk, and driveways), surface utility features,traffic signal loops, and other constraints found within the project area. Task 1.3 Street Improvement Plan Kimley-Horn will prepare street improvement plans at a scale of 1" = 40' to address the agreed upon sidewalk/shared-use path strategy and concrete repairs. Develop current concept plans/limited 30% plans and City approved typical sections towards 60% complete phase. Use the field surveys obtained in Task 1.1 herein and available aerial photos for base mapping. Show centerline profiles for pavement areas as necessary. Show curb profiles to modify westside of SE 1St Street from flush shoulder and swales to curbed section. Plot working cross sections at critical sections to confirm tie-in conditions including driveway profiles. Due to existing restrictions on vertical alignment we will document design criteria and notify City for their concurrence. Coordinate pavement design with geotechnical sub consultant. Show typical roadway sections. Identify necessary adjustments to surface utility features. Show details for items that deviate from published standards. Kimley-Horn will provide up to three(3)plan view draft sketches showing potential parking lot configurations and driveway layout for 208 SE 1St Street. The City will coordinate with private property owners and use the provided sketches to aid in the final configuration of the improvements for SE 12th Avenue. Private property owners will be responsible for final design and work on their properties. Design plans will be advanced upon City and property owner agreement on driveway locations to avoid redesign of median and impacted parking areas. Kimley-Horn will incorporate drainage improvements identified in Task 5 within SE 1St Street right-of-way and modify existing drainage systems to account for the proposed roadway changes. Kimley-Horn will coordinate with City to develop traffic control notes. Contractor will be required to submit their own traffic control plans for review and approval prior to construction. The City has elected to use reclaimed asphalt for the roadway and shared-use path with crushed concrete for the base material. Kimley-horn will prepare working driveway profiles to identify driveway slopes that vary from standard detail to ensure all work is contained within road right of way. Kimley-horn will prepare a detail sheet layout for the FEC Crossing to show roadway and pedestrian facility modifications up to the FEC right-of-way. Existing sidewalk along the north side of SE 12th Avenue will be maintained. It is anticipated that the lane widths proposed will fit the existing crossing and not require crossing modifications or pavement widening. t Page 475 of 1055 Ms. Paola Mendoza January 8, 2020 Page 3 of 9 Prepare signing and marking plans at a scale of 1"=40'to address re-establishment of pavement markings as a result of the proposed improvement strategy. Standards will be according to the Manual on Uniform Traffic Control Devices (MUTCD). Show required notes and details for items that deviate from published standards. Water Main Stub-Outs/ Connections Details Kimley-Horn will prepare details to provide water main stub-outs to the side streets (approximately 20-feet east and west)from the existing 24-inch water main that runs between SE 11 th Avenue and SE 2 d Avenue, up to 10 intersections. Determination for water main sizing for stub outs to be provided by the City. Additional water main connections and hydraulic analysis are not anticipated. Task 1.4—Opinion of Probable Construction Cost Kimley-Horn will prepare an Opinion of Probable Construction Cost (OPC) for each phase submittal. Kimley-Horn has no control over the cost of labor, materials, equipment, or over the Contractor's methods of determining prices or over competitive bidding or market conditions. Opinions of probable costs provided herein are based on information known to the Consultant at this time and represent only the Consultant's judgement as design professionals familiar with the construction industry. The Consultant cannot and does not guarantee that proposals, bids, or actual construction costs will not vary from its opinions of probable costs. Task 1.5 Technical Specifications Contract documents consisting of "front-end" documents will be prepared by the City with FDOT required LAP checklist required items and the consultant will prepare the technical specifications and bid item descriptions to conform to City of Boynton Beach Standards and the Florida Department of Transportation (FDOT) Standard Specifications for road and bridge work where applicable. Specifications (pdf copy)will be submitted for City review for the Constructability and Productions Phase submittals. Task 1.6— LAP Coordination Kimley-Horn will coordinate the LAP process to completion by processing project design and submittals through LAP. This consists of plans, specifications, checklists, cost estimates and coordination. Consultant will attend meetings with FDOT and attend teleconferences as required (for budgeting purposes, assume up to2 meetings and 3 teleconferences are required). Construction Engineering and Inspection (CEI) consultant advertisement, bid advertisement, FHWA checklists, right-of-way certification form, LAP agreement and commission resolution will be completed by the City representatives. Kimley-Horn will be available to answer questions from the City. Kimley-Horn will, per the LAP process, submit Preliminary, Initial, Constructability, and Production Phase submittal to FDOT and address review comments in ERC system for each submittal. Follow up with each reviewer as needed to expedite resolution of comments. Task 1 Deliverables • Preliminary Submittal (Per LAP requirements) • Initial Engineering Submittal (Plans and Estimate— PDF format) • Constructability Submittal (90% Plans, Specifications, and Estimate (PS&E))—PDF Format • Production Submittal (100% Plans, Specifications, and Estimate (PS&E))— PDF Format • Final Signed PS&E—PDF Format Signature Set and Electronic Files addressing Production Phase comments oft Page 476 of 1055 Ms. Paola Mendoza January 8, 2020 Page 4 of 9 TASK 2— UTILITY COORDINATION Due to location of existing above ground utilities along the proposed shared-use path areas, utility coordination and relocation is anticipated. Kimley-Horn will continue to coordinate and provide plan sheets to utility agency owners (UAO's) to identify their existing and proposed facilities and to determine if they have compensable rights; request estimates from UAO's of any compensable rights and include it in the project's cost from Task 1.5 and 2.5. Based on UAO's marked plans, confirm existing utilities in the roadway design are shown in the provided utility base file from the City. Construction plans for relocation of any utilities will be performed by the UAOs and is not included in this scope. Conduct up to three combined utility coordination meetings and three (3) meetings with individual UAOs to resolve potential conflicts. Prepare potential conflict matrix and provide with progress plans to UAOs. Coordinate resolution of utility conflicts and request utility relocation schedules from UAO's. Coordinate subsurface utility exploration softdigs with subconsultant at potential conflict locations and include summary of test hole information in the plans. Meet with City's Utility Department staff to identify any desired improvements within project limits and a follow up meeting for proposed improvements. TASK 3— GEOTECHNICAL ENGINEERING SERVICES Geotechnical investigation services will be provided as follows: • Up to 18 Roadway Auger Borings to a depth of 10' • Up to 5 Pavement Cores (Identify Thicknesses of Asphalt, Base and Subgrade) • Up to 3 Borehole Permeability (BHP) tests to determine hydraulic conductivity of the subsoils for drainage improvements • Mobilization and Demobilization— Up to two working days • Report of Field Pavement Thicknesses The geotechnical representative will call in public underground utilities prior to commencement of testing services. Boring and test location will be approximately located in the field by the geotechnical engineer by measuring distances with a tape from known reference points. Elevations at boring locations can be interpreted from the survey received by the City in task 1.1. Prior to drilling at the project site, the geotechnical representative will notify the local utility companies and request that underground utilities be marked in the field. Upon completion of the field exploration, laboratory testing will be performed on selected samples. A geotechnical engineer will evaluate the results of all drilling and laboratory testing. Geotechnical engineer will produce a report that contains the exploration data, a discussion of the site and subsurface conditions, and provide geotechnical recommendations for the new roadway segment. Deliverable: Draft and Final Geotech Report in PDF TASK 4—DRAINAGE DESIGN ANALYSIS Kimley-Horn will review existing conditions within the SE 1st Street and SE 12th Avenue right-of-way and modify existing drainage systems to account for the proposed roadway changes. Proposed drainage modifications will maintain existing drainage patterns and receiving systems. Where there is no positive drainage outfall or defined receiving body, exfiltration trenches without positive outfalls will be provided to help attenuate storm events. Provide exfiltration trenches within swale areas where applicable to improve swale percolation. Provide exfiltration trenches in to mitigate stormwater runoff from additional impervious areas. Drainage analysis does not include stormwater modeling of any system or area outside the project's of so 0t Page 477 of 1055 Ms. Paola Mendoza January 8, 2020 Page 5 of 9 limits of construction. Since bike lanes and sidewalks qualify for a permit exemption from SFWMD, additional water quality provisions are not required. Consultant will apply for the permit exemption. Meet and coordinate with South Florida Water Management District(SFWMD)to establish design criteria.Where exfiltration trenches are needed, place them outside of pavement locations where possible even if that requires relocation of existing utilities, unless directed by the City. New storm water ponds and / or dry detention areas are not proposed in this drainage scope due to lack of right-of-way. It is expected that water quantity attenuation measures for a widening project will not be required since runoff will continue to discharge into the same exiting water bodies. Prepare working drainage maps to show drainage in plan view. Prepare working drainage structure cross sections at locations of utility conflicts to evaluate solutions. It is not expected that improvements to existing outfalls will be required under this project. The scope does not include analysis of existing systems outside road right-of-way, which may include areas outside the roadway or outfalls extending beyond SE 1St Street and SE 12th Avenue right-of-way. TASK 5—PERMITS It is anticipated that permits from the Florida East Coast Rail Company (FEC)will be required for potential pavement marking. Kimley-Horn will submit the permit applications on the City's behalf if required. However, our approach will be to avoid the need for the permit since FDOT will demand to see an agreement between the City and FEC for any work within FEC right of way Since bike lane and sidewalk projects qualify for a permit exemption from SFWMD, additional water quality provisions are not required. Consultant will apply for the permit exemption. Coordinate with SFWMD to confirm the project qualifies for the permit exemption. It is understood the permit application fees will be paid for directly by the City and are not included as part of this scope. Deliverable: SFWMD Permit Exemption request FEC Rail Crossing modification request Palm Beach County Right of Way permit application may be required for work connecting to Woolbright Rd. TASK 6—PUBLIC INVOLVEMENT Kimley-Horn will perform public outreach and information activities in accordance with the scope below. Public involvement includes up to two (2) meeting. The City will obtain the property owner mailings list. Kimley-Horn will prepare or provide the following in preparation of the Meeting: • Up to four exhibit boards for presentation. This will be provided to the City for one review and comment prior to the meetings. • Prepare meeting advertisement template in English (The City will mass produce and distribute advertisements.) • City to prepare letters for notification of elected officials and appointed officials, property owners and other interested parties. (The City will pay the cost of first-class postage.) • City to procure and reserve meeting event location. Kimley-Horn will prepare or provide the following for the two (2) meetings and after the meetings: • Up to three staff to attend the meeting • Meeting equipment set-up and tear-down TASK 7—SUBSURFACE UTILITY EXPLORATION Consultant will provide Subsurface Utility Exploration (SUE)for this project. Gravity systems, overhead of so 0t Page 478 of 1055 Ms. Paola Mendoza January 8, 2020 Page 6 of 9 facilities and private laterals are not included in this investigation. Vacuum excavation services for up to 18 test holes at specific sites determined in the design process. Test holes will be utilities to expose utilities to minimize any potential for damage. A multilayer CAD files will be produced by the SUE subconsultant from information collected in the field. The CAD file will show locations of test holes in plan view with test hole number designation and direction of existing utilities. Information collected to be in incorporated into Phase submittals as work progresses. SUE information will be summarized and provide by SUE subconsultant. TASK 8—ENVIRONMENTAL SERVICES NEPA Backup Documentation for LAP approval. 1.Cultural Resource Assessment Survey- The Consultant will contract with SEARCH to provide Cultural Resource Assessment Survey (CRAS). 2.Environmental Documentation - Preparation and response to one round of FDOT comments for the Type 1 Categorical Exclusion a) Conduct site review to include representative photos of the project b) Obtain, review and summarize Florida Natural Areas Inventory (FNAI)data c) Obtain contamination data from Florida Department of Environmental Protection (FDEP) d) Coordinate with Subconsultant on Cultural Resources Assessment Survey (CRAS) results e) Prepare Type I Categorical Exclusion checklist along with photos and supporting maps/graphics f) Enter project into Statewide Environmental Project Tracker(SWEPT) TASK 9— COORDINATION AND MEETINGS Kimley-Horn will attend an initial kick-off meeting to verify project elements, scope and schedule; prepare for and attend up to two additional meetings. Additionally, communicate with designated City staff (via phone, fax, email, etc.)to provide coordination between City staff and the Designer. TASK 10—POST DESIGN PHASE The City will hire a separate CEI consultant for the construction phase services per the requirements of the FDOT LAP process. Consultant will provide post design services up to the budgeted amount. Engineering services beyond the budgeted about will be provided as additional services. These services include response to RFIs (up to 5 for estimating purposes), attendance at meetings (up to two for estimating) and issuance of revisions to plans when required. It is assumed the City will provide any construction phase services that are not specified in this scope. This scope of services is based on the project being constructed in no more than twelve (12)months. Pre-Construction Conference. Consultant will attend a Pre-Construction Conference prior to commencement of construction activity. Assumptions The following assumptions have been made for this scope of work: 1. The City has provided the existing utility base file of all City utility and drainage services for use as background in the project documents. The file will be provided as a GIS shape file that is updated of so 0t Page 479 of 1055 Ms. Paola Mendoza January 8, 2020 Page 7 of 9 and maintained by the City. 2. Typical sections and concept plans/ limited 30% plans have been accepted by the City and will be developed towards final design. 3. All project required agency fees will be paid for by the City. 4. All coordination meetings with the property owners will be led and conducted by the City. 5. Contractor will be required to submit their own traffic control plan. 6. Right-of-way for this project has been acquired by the City and no additional right-of-way is anticipated for this project. 7. Drainage analysis does not include stormwater analysis of systems outside limits of construction. Analysis is limited to SE 1St Street and SE 12th Avenue right-of-way only. 8. Several mature trees along the new roadway segment may be required to be removed. The City has noted that the removed trees will not need to be replaced or relocated with this project. 9. Undergrounding of overhead utilities are not anticipated and are not included in this scope of work. 10. City Responsibilities: • Existing records including files, plans, and any other pertinent engineering information. • Maintenance requirements and preferences at the start of the design process. • Early decision on utility upgrades and sewer inspections. • Bid document boilerplate and CITY standard specifications in WORD format. • Integration of FDOT required contract language into City Bid documents. • Commission resolution for LAP agreement. • Execution required FDOT LAP forms and agreements in a timely manner. • Assigned project manager and one point of contact for all decisions. • Obtain Palm Beach Health Department Permit for Water line modifications. 11. Additional survey if required during design will be provided by the City. 12. Right-of-way survey and title research if required during design will be provide by the City. Additional Services Any services not specifically provided for in the above scope will be billed as additional services and performed at our then current hourly rates. Additional services we can provide include, but are not limited to, the following: • Revisions to accepted typical sections and concept plans • Street and Pedestrian lighting design and photometrics • Round-a-bout design • Landscape and irrigation design • Water line Analysis • Permit from Palm Beach County Health Department (PBCHD) • Sanitary Sewer line design • Traffic Control Plans • Drainage design and Analysis for areas outside of project limits and outside limits of construction • Environmental studies • Additional meetings or presentations • Storm drain and Sanitary Sewer video inspections • Title Company research and reports • Right-of-way survey and acquisition support • Additional plan submittals • Additional meetings beyond those identified in this scope of services Information Provided by Client We shall be entitled to rely on the completeness and accuracy of all information provided by the Client or the Client's consultants or representatives. t Page 480 of 1055 Ms. Paola Mendoza January 8, 2020 Page 8 of 9 Schedule We will provide our services according to a mutually agreed upon schedule. Upon issuance of Notice-to- Proceed one our first tasks will be to create a schedule showing tasks and relationships with review times according to agreement with City staff. Fee and Expenses Kimley-Horn will perform the services in Tasks noted above on a labor fee plus expense basis with the maximum labor fee shown below. Task 1 Construction Documents for SE 1St Street $142,115 Task 2 Utility Coordination $8,715 Task 3 Geotechnical Engineering Services $20,769 Task 4 Drainage Design Analysis $11,760 Task 5 Permits $3,900 Task 6 Public Involvement $6,730 Task 7 Subsurface Utility Exploration $14,420 Task 8 Environmental Services $30,577 Task 9 Coordination and Project Management $9,150 Task 10 Post Design Phase $4,940 Reimbursable Expenses $900 Maximum Fee $253,976 Kimley-Horn will not exceed the total maximum labor fee shown without authorization from the Client. Individual task amounts are provided for budgeting purposes only. Kimley-Horn reserves the right to reallocate amounts among tasks as necessary. Labor fee will be billed on an hourly basis according to our then-current rates. All permitting, applications, and similar project fees will be paid directly by the Client. Payment will be due within 25 days of your receipt of the invoice and should include the invoice number and Kimley-Horn project number. Closure We understand that this work will be issued upon review and approval of the City Commission. If you concur in all the foregoing and wish to direct us to proceed with the services, please forward a purchase order. This proposal is valid for sixty (60)days after the date of this letter. oft Page 481 of 1055 Ms. Paola Mendoza January 8, 2020 Page 9 of 9 We appreciate the opportunity to provide these services to you. Please contact me at (561) 840-0214 or eric.regueiro@kimley-horn.com if you have any questions. Very truly yours, KIMLEY-HORN AND ASSOCIATES, INC. Marwan Mufleh, P.E.(#C45329) Eric Regueiro, P.E. (#C86211) Principal Assistant Project Manager K:\WPB_Design\043176027_SE1stST\KHA Files\Marketing\Scope and Fee t Page 482 of 1055 a ll� aoo " oN a a 1 VJ, a a a 4: o o o 2 N F,, E W m hIm z Q W Qm t = LL " U � � N N � C13 O W N o of m i� z Mn, Q O F— m LLLI V— o O > N V ~ W N N O i Q. OLO: v c- ,�� E u+.'.. m o m m ry o o ry a a m a o In cn }r M O •i m 00 x W N O � a N dA � m Q W a a a a a a ry O •— v m o. W $ a a c a L d L Lr�jl a L m •V uiN U)E c w -aw c > • aUJ ° cE m y E a in E ._. K c 3 3 O 3 0 'E U •E a U U v M v o v'm E a a > y O v ¢ o O L° , m IL N >O f N K R' rC R' O N � O f J d •= U d IL 7 N O d d N W - � V m Y Y Y Y Y Y Y Y Y Y Y dd Y o s lo o b v' 0o oIm } ; o S� 0 3' #1\;tY uJl O _ o x " 0 F 0 0 0 E W m D hMm z Q W 3 Q t = U � � � N N � m W Om Z �^ Q O F— LLILLI O V ~ W N N CL 0 m E in O„ UO 00 a u w o +r 00 O •i w W N E m W o �L c, •� n,. W $ lo � m ol w m G - o > E O T 2 G / E m � c m y n 2 o q � o G �c z �� a o a c m Nl a c qua' U Q d N / o � m f I'm r 6.D. CONSENTAGENDA 9/5/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 9/5/2019 REQUESTED ACTION BY COMMISSION: To approve recommendation of the Evaluation Committee and authorize staff to conduct negotiations with the first ranked firm, Kimley-Horn,and establish a contract for RFQ#035-2413-19/MFD for SE 1st Street Sidewalk Improvements Design and Consulting Services. EXPLANATION OF REQUEST: On June 20,2019, Procurement Services received and tabulated two(2)proposals in response to the RFQ.The two proposals received were from Beta- Jones and Kimley-Horn. An Evaluation Committee consisting of Andrew Mack, Director of Public Works,Gary Dunmyer, City Engineer and Paola Mendoza,Associate Engineer reviewed and ranked the two proposals. The City of Boynton Beach received an award for the Palm Beach Transportation Planning Agency's Transportation Alternative Program Grant.The grant is intended to support the installation of a 10 ft multiuse path on the west side of SE 1St St in Boynton Beach,from Woolbright Road to SE 2"d St. The terms of the grant require the plan to be designed in 2020 and constructed in 2022. To support the application the City hired W GI to provide the design survey and Kimley-Horn and Associates to provide 30%civil engineering design plans. The purpose of the RFQ is to seek a qualified CONSULTING SERVICES to assist with the development of the Kimley-Horn Design plans into Final Engineering Design for the SE 1St Street Sidewalk Improvement project.The work will include designing the plan in 2020 and construction beginning in 2022. Engineering plans and construction improvements include but are not limited to the following: • 60%,90%and 100%design plan submittals. Please note that the City would like to use reclaimed asphalt for the roadway and path and crushed concrete for the base. • Engineer's estimate of cost,updated with each submittal. • Geotechnical Report with exfiltration percolation rates and recommendations for roadway and pathway design. • Additional survey as needed. • Attendance at up to three public meetings and preparations of multi-color display foam boards illustrating the design features of the project. • Permitting • Construction Engineering Inspection • The SE 12th Avenue intersection improvements, less the 10ft multiuse path are intended to be constructed in advance of the 2022 grant funding for the construction of the SE 1St St multiuse path. The scope of the improvements will extend eastwardly beyond the limits of the 30%KHA plans. • Improvements to SE 12th Ave will include what is shown on KHA plans plus the extension of a two-lane section from the 201+00 base line on the KHA plan eastward to Federal Highway. Parallel parking shall be provided on both sides of the road. • At 208 SE 1St St,the Consultant shall provide up to three draft sketches showing the layout of the parking and potential layouts of the site's driveway and it's on-site parking configurations. One sketch will be further developed into a more detailed sketch. These sketches will be used by the City to determine the final alignment of SE 12th Avenue. • SE 12th Ave plans will be required to permitted by the railway authorities as applicable. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Approval of this request will allow City staff to begin negotiations with the top ranked firm to develop final engineering design for SE 1st Street Sidewalk Improvements. FISCAL IMPACT: Budgeted There is no fiscal impact as a result of this approval until a contract has been negotiated with the Consulting Services firm, and will be submitted to the Commission for approval ALTERNATIVES: To not approve recommendation. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: Page 485 of 1055 CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: Page 486 of 1055 -r H E No BETA Opening Date: June 20", 2019-3pm T ORIGINAL JONES G R 0 U P L SE 1 ST STREET SIDEWALK IMPROVEMENTS DESIGN CONSULTING SERVICES RFQ# 035-2413-19/MFD Prepared for the City of Boyntoneach Procurement Services 3301 Quantum Boulevard Suite 101 Boynton Beach, FL 33426 o Proposal by The BetaJones Group, Inc 801 Brickell Ave - Suite 900 Miami, FL 33131 (786) 284-8828 y Pt ty Page 487 of 1055 C THE BETA.JONES GROUP,INC. r_XPFDITING rxr-tiIFLOrMENT TABLE OF CONTENTS Section LETTER OF INTEREST ..........................................................................................1 FIRM'S QUALIFICATIONS .....................................................................................2 QUALIFICATIONS OF PROJECT TEAM, (KEY PROJECT MEMBERS) & AVAILABILITY OF SPECIALTY RESOURCES....................................................3 CURRENT & PROJECTED WORKLOAD OF THE PROPOSER .......................4 DEMONSTRATED KNOWLEDGE .........................................................................5 APPROACH TO THE SCOPE OF WORK.............................................................6 REFERENCES-PAST PERFORMANCE ...............................................................7 SUBMITTAL OF GENERAL INFORMATION & PROCUREMENT FORMS & DOCUMENTS...........................................................................................................8 Page 488 of 1055 T H E No 1M.1-1 . BETA - JONES June 19, 2019 R 0 U I" THE BETAJONES GROUP— LETTER OF INTEREST CITY OF BOYNTON BEACH RFQ 035-2413-19/MFD SE 1ST STREET SIDEWALK IMPROVEMENT DESIGN The BetaJones Group, Inc. (herein, known as the Consultant) is pleased to submit this RFQ Package to the City of Boynton Beach (herein, known as the Client) for professional Civil Engineering Services for the SE1st Street Sidewalk Improvement Design Project. We wanted to thank you for the opportunity to bid on this project. Based on the project requirements, we have included many projects which highlight our professional experience over the years and related municipal projects which you seek. We are sure you will be impressed with the level of technical excellence, practical experience and client responsiveness that The BetaJones Group brings to every aspect of our work. The BetaJones Group, an S Corporation founded on August 21, 2006, is a South Florida local full-service Site/Civil Engineering Consulting firm serving as the client's engineering consultant throughout the development process providing services needed for every phase including: Feasibility Studies, site planning, engineering design, regulatory permitting, and construction oversight. With proven professional engineering experience working throughout the entire state Florida, including some related professional specialties applicable to this project: Municipal Projects (Project Manager and / or Civil Engineer of Record), Drainage Studies, Drainage Improvement Projects, and Deep Well Injection Systems, Our Civil Engineering Licensed Professionals and Staff bring solid and proven experience applicable to Municipal Engineering Solutions. We also wanted to express our solid commitment and availability to FULLY participate on this project and to take a lead role in providing solid and proven professional services to the City of Boynton Beach. Our schedule is always manageable and set to provide dedicated people to each project and not minimize our customer service and satisfaction to the client. Cordially, eta le P.E. Pri pal b siness line: 7 . 84.8828 direct phone: 786.564.6276 fax(toll free): 866.312.8730 email: Luis@betajones.com 01 Brick ll Avenue •Suite 900 • Miami, Florida 33131 Page 489 of 1055 T H E No 1M.1-1 . BETA - JONES R 0 U I" THE BETAJONES GROUP—QUALIFICATIONS OF THE FIRM CITY OF BOYNTON BEACH RFQ 035-2413-19/MFD SE 1ST STREET SIDEWALK IMPROVEMENT DESIGN With proven professional engineering experience working throughout the entire state Florida, including some related professional specialties applicable to this project: Municipal Projects (Project Manager and / or Civil Engineer of Record), Local Broward County Projects, Water/Wastewater/Drainage Studies, Water/Wastewater /Drainage Improvement Projects, Parks, Airports, Golf Courses, Roadways, Site Development, Redevelopment, and Multiple LEED Certified Projects, Our Civil Engineering Licensed Professional Engineers and Staff bring solid and proven experience applicable to Municipal Engineering Solutions. . The BetaJones Group, an S Corporation founded on August 21, 2006, is a South Florida full-service Site/Civil Engineering Consulting firm serving as the client's engineering consultant throughout the development process providing services needed for every phase including: Feasibility Studies, site planning, engineering design, regulatory permitting, and construction oversight. Our services apply for new development, redevelopment, and rehabilitation projects in all types of land use: • Residential • Commercial • Industrial • Municipal The BetaJones Group, Inc. combines the experience of individuals who have worked in virtually every aspect of Civil/Site Design, Development, and Permitting across the entire state of Florida, the Southeastern United States, and the Caribbean. Specializing in Commercial, Residential, Industrial, and Municipal projects; the firm's "Expediting Development' attitude signifies the importance of efficiency by completing projects on schedule and within budget. An array of Civil Engineering services are offered at The BetaJones Group, Inc. from design and permitting of sites, drainage, roadways, water/sewer systems, and pump stations, to in-depth studies, inspections, and investigations as well as construction observation and contract administration. Our range of experience extends throughout the entire state of Florida, the Southeast United States, and the Caribbean. This allows our clients the comfort of staying with the same consultant throughout various projects, maximizing efficiency, quality designs, and speeding up the permitting process. Types of projects range from the complete development of a site to single phase projects such as permitting and bringing an existing site up to code compliance (i.e., parking issues, utility compliance, setback and buffer issues, stormwater and drainage design, etc.). BetaJones Group professionals have worked on many site plans, multi-family condominiums/apartments, subdivisions, building additions, site rehabilitations, major infrastructure repairs, LEED Certified Projects, Sustainable/Green sites, golf and country clubs, high rises, educational facilities, office buildings, retail centers, lifestyle centers, mix-used developments, strip malls/outlets,warehouses, industrial/commercial parks, cemeteries, waterways, national parks, highway systems, and other complex structures. Some of our representative client list includes: • The Seminole Tribe of Florida • Broward County Public Schools • Miami-Dade County Parks, Recreation and Open Spaces 01 Brick ll Avenue •Suite 900 • Miami, Florida 33131 Page 490 of 1055 THE BETAJONES GROUP,INC. • The United States Department of Military Affairs • The United States Corps of Engineers • Miami-Dade County Transit • Dezer/Trump Development Group • Stanbery Development • The Arnold Palmer Design Group • Deering Bay Golf and Country Club • Brown Hill Development • Cargo Ventures • Colliers Arnold International • USAA Realty Company • Wachovia Center—Tampa • The Columbus Center • Sol-Arch Architecture • Itasca Construction • Cycle World Companies • Balfoort Finnvold Architecture • E&D Development • Various Property Management Firms • Various HOA's and Condominium Boards As Land Development issues continue to become more complex, costly, and time-consuming; the need for rapid resolution of problems as well as the desire to be confident in the quality of the end product means that an efficient, responsive Civil Engineering team with knowledge, experience, and talent needs to be introduced in order to assist Clients in reaching their goals. We would be glad to assist in expediting the development process on any civil engineering services that you or your clients may need. We are sure you will be impressed with the level of technical excellence, practical experience and client responsiveness that The BetaJones Group brings to every aspect of our work. Thank you for your time, and we look forward to meeting with you to discuss your current and planned projects. Feel free to checkout our website www.BetaJones.com for a list of our complete services. Please don't hesitate to contact us if you have any questions or if you require additional information. Sincerely, f Lui Betall lu , P.E. Pri cipal The BetaJones Group, Inc. 801 Brickell Avenue, Suite 900 Miami, Florida 33131 business line: 786.284.8828 direct phone: 786.564.6276 fax(toll free): 866.312.8730 email: luis@betajones.com Page 2 of 2 Page 491 of 1055 T H E No 1M.1-1 . BETA - JONES June 19, 2019 R 0 U I" THE BETAJONES GROUP—BOYNTON BEACH'S SE 1ST STREET SIDEWALK IMPROVEMENT DESIGN TEAM BREAKDOWN AND EXPERIENCE IN THE INDUSTRY AS IT PERTAINS TO THIS PROJECT 1. THE BETAJONES GROUP— PRIME CONSULTANT/CIVIL ENGINEERING TEAM MR. LUIS A. BETALLELUZ, P.E. -PROJECT MANAGER AND CIVIL ENGINEER OF RECORD o Mr. Luis A. Betalleluz, Licensed Professional Engineer is the Project Manager and Lead Civil Engineer of Record on this Project. With over 20 years of professional experience working throughout the entire state Florida, including some of related professional specialties applicable to this project: Drainage Studies, Drainage Permitting throughout every Water Management District in the State of Florida, Deep Injection Wells, Design Drainage Systems throughout most of the State, Sidewalk Improvements, Surface Material Studies, Roadway Improvements, Detailed Cost Estimates. This List make him an expert in engineering design for each specific aspect that is needed for the SE 1St Street Sidewalk Improvement Design Project. o In the Late 1990's Mr. Betalleluz started his career working for an Environmental Engineering Company with a State Contract for the Everglades Restoration Project under the Presidency of William Jefferson Clinton. o Amongst the Types of Projects Specifically Related to this Project (Listed in his Resume Section) Scope include: ■ City of Miami Beach — Bay Road Drainage Improvements—The Draiange Study, Modeling, and Addition of 2 deep injection wells to the existing pump and well system in Miami Beach, Florida. ■ Miami Seminole Tribe of Florida Big Cypress Cemetery— including the Design of a Meditation Area and Walking Trails to different section of the Cemetery with a high water table. ■ Zoo Miami Florida Exhibit and Park Entrance Cost-Value Analysis ■ Miami Metro Zoo Amphitheatre Design Improvements ■ Miami-Dade County Youth fair Sanitary Sewer Evaluation System ■ Deering Bay Golf and Country Club Arnold Palmer Golf Course Conversation (Elevation and Drainage Design) ■ West Kendall District Park 155 Acre Regional Park— including Walking Trails, Wildlife Habitat Study, Water-Sanitary Sewer-Drainage Infrastructure, Buildings, Parking Areas (Full Design) ■ Live Like Bella Park and North Glade Park Community Centers (Educational Buildings, Playground Areas, and Bathroom Facilities in existing parks). ■ Florida Fish and Wildlife Conservation Habitat—Study of Destroyed Historical Habitat with over 150 years of site modifications and Redesign of the 2,700 Acre Conservation Area to bring its hydrology and wildlife habitat back to Historical Standards o Mr. Betalleluz himself had his collegiate education at the University of Florida Top Engineering School in the State and 35-year Resident throughout the Entire State of Florida. o Some of Mr. Betalleluz's designs also have won national park awards, Project of the Year Nominations, amongst many years of design experience. 2. TERRACON CONSULTANTS, INC.—GEOTECHNICAL(SOILS) ENGINEER MR. JAIME A.VELEZ, P.E. o Jaime serves as a senior project engineer in the West Palm Beach, Florida office. He is a geotechnical engineer by education and experience. Prior to joining the firm, Jaime earned his Master of Engineering Degree (geotechnical emphasis) from the University of Florida. In addition to his post- graduate studies, Jaime performed research pertaining to the use of the cone penetrometer in the testing of cemented sands. o As a project geotechnical engineer, Jaime has 16 years of experience performing subsurface (geotechnical) studies throughout Florida for the design and construction of earth dams, earthen retaining walls, pump stations, underground piping, roadways, bridges and low to high-rise structures. His geotechnical engineering expertise includes conducting detailed analyses of slope stability, groundwater seepage, settlement and bearing capacity for shallow and deep foundations and evaluation of retaining wall global stability ft 01 Brick ll Avenue •Suite 900 • Miami, Florida 33131 Page 492 of 1055 THE BETAJONES GROUP,INC. 3. TERRACON CONSULTANTS, INC.— MATERIALS TESTING ENGINEER MR. MICHAEL J. O'CONNOR, P.E., S.I. o Michael is a registered (Florida) professional engineer with over 35 years of expertise in construction services and building inspection services. A principal and office manager for Terracon Consultants, Inc., he has been in responsible charge of the West Palm Beach office and its state-of-the-practice specialty materials testing laboratory since 1994. He provides services throughout South Florida and on the Treasure Coast. On a day-to-day basis, Michael provides technical oversight and direction to engineering and technical staff. He oversees the management for designated laboratory and field verification activities relative to sampling, inspecting, field and laboratory testing of bituminous material, concrete, soils, aggregate materials, water, steel, prestress concrete and precast concrete in accordance with applicable Florida Sampling and Testing Methods, AASHTO, and ASTM Standard Specifications. Michael has managed these activities on project sites as well as offsite locations including materials producers, batch plants, and fabrication plants. o Michael is also responsible for all threshold/special inspection, private provider and building inspection projects. These services include: providing quality assurance (QA)to owners and contractors during construction on their projects ensuring construction meets local building code requirements. Serving as liaison between Building Officials, Contractors and Engineers of Record, he has successfully completed hundreds of threshold and special inspection projects. 4. WAYNE TONNING AND ASSOCIATES— LANDSCAPE ARCHITECT MR.WAYNE TONNING, REGISTERED LANDSCAPE ARCHITECT 0 Mr. Wayne Tonning is the Project Registered Landscape Architect. With over 20 years of professional experience working with South Florida Landscape, his expertise in understanding species of plants, root system, habitat, plant lifetime, and blending in of plant species for different types of projects including very similar projects, make him the exact professional that is needed for the Boynton Beach Sidewalk Improvement Design Project. 0 2 of his most recent similar projects include: ■ The Boca Raton Community Garden —which incudes a Display Exhibition Area, Walking Trail, Educational Area, Entrance Plaza, Central Open Space, and Community Space (See Mr. Tonning's Resume Section of this Package to see Plan and Pictures of this Project. ■ The Coral Springs Meadows Playground and Garden —which includes 15,380 SF of a Children's Fenced Playground Area, Entrance Plaza, Sitting Picnic Area, Seating Walls, Butterfly Garden, Meditation Fountain Area, Walking Trail, Park Benches, etc. (See Mr. Tonning's Resume Section of this Package to see Plan and Pictures of this Project. 0 Mr. Wayne Tonning Landscape Design Team has worked on many successful projects from beginning to end with Mr. Betalleluz' Civil Engineering Design Team for the Past 15 Years. 5. MAPCONS, MLS SURVEYORS —PROJECT SURVEYOR MR.ALBERTO LORENZO LUACES, REGISTERED SURVEYOR 0 Mr. Luaces is the Project Surveyor. With over 20 years of professional experience working with South Florida in Construction Surveying; and having worked under bidding team on multiple ADA Study and other Development Projects his expertise in understanding Topography Points and Elevation Flow specifically for ADA Studies, make him the exact professional that is needed for the Boynton Beach Sidewalk Improvement Design Project. 0 3 of his most recent similar projects include: ■ Bank of America Doral Center ADA Study—which included a Boundary and Topographic Survey specifically for ADA Studies with existing grades, major grade changes, Surface Location Structures, site material identification ■ Bank of America Bird/Ludlum Site ADA Study—which included a Boundary and Topographic Survey specifically for ADA Studies with existing grades, major grade changes, Surface Location Structures, site material identification ■ Oceanbank Weston ADA Study—which included a Boundary and Topographic Survey specifically for ADA Studies with existing grades, major grade changes, Surface Location Structures, site material identification Page 2 of 2 6/19/2019 Page 493 of 1055 v U s.. a V) wo 3 a 0 S,.)' c' aA 0 Co y o -- w ° 0° t CL N LD Lp V) O N o E u° N uj o N a� ' 3 ° o w o ~ m � 3 mo J ' C F- " N 11 H U Q � U �1 a �t O LLJ J � V) Q W OQ Q N w m Q w _ °C I- 0 THE BETAJONES GROUP,INC. Luis A. Betalleluz, P.E., LEED A.P. Principal/Project Manager Graduate of the University of Florida's College of Engineering and President of The BetaJones Group, Mr. Betalleluz provides leadership, professional business ethic, as well as technical expertise in managing, designing, permitting, coordinating, inspecting, and reviewing Civil Engineering Projects since 1998. He is a former the Chair of the Builders Association of South Florida's Green Building Council and Environmental Code Committees; and a member of the American Society of Civil Engineers, Builders Association of North Central Florida, American Water Resources Association, Environment and Water Resources Institute, and Transportation and Development Institute. In 2009 and 2010 Mr. Betalleluz was selected by the National Home Builders Association to Judge the best communities built in Florida at the Florida Parade of Homes. In his early profession, Mr. Betalleluz worked for the White House Advance Team under President William Jefferson Clinton. Mr. Betalleluz's civil engineering experience expands across the state of Florida and the Caribbean in both the public and private sectors. His areas of expertise include: project management, comprehensive permitting, site planning, stormwater management facility design, utility transmission system design, grading plan design, hydraulic studies, and LEED certification. His experience includes the planning and design of hydrologic restoration, mitigation projects, new development, renovations, commercial, residential, industrial, and municipal sites. He has performed site-civil services on major projects such as: large residential subdivisions, residential condominiums/buildings, site rehabilitation, commercial centers, industrial parks, mixed-use sites, college campus additions, and roadways. Mr. Betalleluz also brings specialized services such as extensive experience in the FDEP NPDES Program for Industrial and Construction Activities. Additional expertise in erosion & sedimentation control design & inspection, including Stormwater Pollution Prevention Plans (SWPPP), Cost-Benefit analyses, and construction estimates. PROFESSIONAL REGISTRATIONS AND CERTIFICATIONS Florida Registered Professional Engineer# 65892 LEED Accredited Professional— New Construction—USGBC do W AdICPR Stormwater Modeling -Advanced Training Program Certification Certified NPDES Erosion Control Mgmt. Inspector— FDEP Certified for Maintenance of Traffic (MOT) Plan Design -ATSSA Certified in Sales Engineering— University of Florida EDUCATION I B.S. Civil Engineering—University of Florida Minor in Business Administration— University of Florida PROFESSIONAL EXPERIENCE I The BetaJones Group, Inc. —Miami, Florida -Present o President Langan Engineering and Environmental Services - Miami, Florida -Past o Site-Civil Engineering Department Manager- Miami Office Water&Air Research, Inc. -Gainesville, Florida - Past o Civil/Land Development Engineer o Engineer Technician Peter Kiewit Sons' Inc./Gilbert Southern Corp. - Ft. Lauderdale, Florida- Past o Civil Engineer Page 495 of 1055 THE BETAJONES GROUP,INC. PROFESSIONAL SERVICE AREAS Site Plan Design NO Floodplain Studies o Property Condition Assessments o Floodplain limit analysis o Due Diligence o F.E.M.A. Floodplain Certifications o Conceptual Layout o Final Site Plan No Construction Engineering Administration o Construction Estimates Site-Civil Engineering Design & Permitting o Cost-Benefit Analysis o Green Building Design o As-Built Certifications o Stormwater Management Facilities o Paving, Grading, and Drainage : Hydrologic Restoration o Utility Transmission Systems o Historical site analysis o Maintenance of Traffic(MOT) Design o Watershed delineation o Waste Management Master Plans o Groundwater Modeling o Mitigation Planning and Design NO Erosion and Sedimentation Control Plans o NPDES permitting and inspections : Inspections o Stormwater Pollution Prevention Plans o Industrial activity control reports ® LEED Accredited Professional o Construction activity reports Design-Build SELECT I UNIICIIPAIL PROJECT EXPERIENCE 1-95& Pembroke Road Pump Station : SJRCC Performing Arts Center o Design-Build of 2.5 mile master o Design, modeling, and permitting of drainage pipeline and pump station site, drainage, and utilities St. John project, including micro tunneling River Community College Arts Center under 1-95, trenching and boring under o Middleburg, Clay County, Florida major arterial roadways. o Hallandale + Pembroke + Hollywood, : Santa Fe Community College— Pond A Broward County, Florida o Design and Permitting of 20-Acre Master Stormwater Plan. 0 ZZ Miami Beach, Bay Road Drainage o NPDES Construction Activity Report Improvements o Stormwater Pollution Prevention Plan o Design and permitting for the design- o Gainesville, Alachua County, Florida build of a roadway and major drainage improvements project throughout Bay No Zoo Miami Florida Exhibit& Park Entrance Road. Including stormwater planning, o Complete Value Engineering Analysis oduction of a Master Drainage Plan and Design Review of Proposed with the ICPR modeling program. Renovation of Zoo Miami. o Miami Beach, Miami-Dade County, o Miami, Miami-Dade County, Florida Florida No West Kendall District Park -Phase 1 No Broward County Schools Improvements o Prime Consultant: Master Plan and o Site Fire Suppression System engineering design for the Modernization to Old School Buildings development of 155 Acres of existing in Multiple Schools agricultural land into a new state of the o Broward County, Florida art Park and Recreational Facility. o Miami-Dade County, Florida En Miami-Dade Transit Busway Improvements o Design and Permitting of bus stop ® Miami-Dade County Youth-Fair and improvements for ADA compability on Exposition -Sanitary Sewer Evaluation over 200 bus shelter sites in 12 o Engineering Study, detailed analysis, different Municipalities in Miami-Dade. and rehabilitation of the existing o Doral, Homestead, North Miami, North fairground's 40-year old sanitary sewer Miami Beach, Florida City, EI Portal, system including over 5-Miles of pipe, Miami Lakes, Miami Gardens, pump station, sewer laterals, mains, Surfside, Medley, Opa-Locka, Bay manholes, and cleanouts. Harbor Islands, Miami-Dade, Florida o Miami-Dade County, Florida Page 496 of 1055 THE BETAJONES GROUP,INC. NO Tropical Park Track and Field Stadium ® Department of Military Affairs Miramar o Design and Permitting to upgrade the Military Base Training Facilities Tropical Park Track and Field Sports o Design and permitting of military Stadium to include a USATF and IAAF training building addition including site, Certified Olympic Track& Field utility, and, drainage improvements. Events Area and an NCAA Certified Permitting through the Department of Artificial Turf Sports Field for Football, Military Affairs, City of Miramar. Soccer and Lacrosse.with additional Miramar, Broward County, Florida site improvements. o Miami-Dade County, Florida : Seminole Tribe - Hollywood Security Access o Design of new security perimeter, North Glade Park Community Center including gates, fencing, barriers, and o Civil and Structural Design and guard houses in the residential area of Permitting of an 4 Acre MDPROS the reservation. Park Improvement Project in Carol o Hollywood Seminole Indian City. Improvements include the Reservation, Broward County, Florida modernization of the Park Clubhouse, design of the park basketball courts, Rio Fajardo (Fajardo River) Mitigation Plan parking, drainage, and other o Hydraulic Study, Mangrove infrastructure improvements Restoration, Plan for a 85-Acre site throughout the park. near Punta Fajardo, Puerto Rico. o Silver LEED Certification—Goal o Designed and permitted for the U.S. o Miami-Dade County, Florida Army Corps of Engineers Live Like Bella Park : Seminole Tribe -Ft. Pierce Security Access o Civil and Structural Design and o Design of new security perimeter, Permitting of an 8.6 Acre MDPROS including gates, fencing, barriers, and Park Improvement Project near guard houses in the residential area of Homestead. Improvements include the reservation. the modernization of the Park o Ft. Pierce, St. Lucie County, Florida Clubhouse, covered loggia, additional clubhouse building, and site ® Robert M. Ballad Armory Expansion infrastructure improvements o Site Improvements, including drainage throughout the park. renovations and utility upgrades of an o Silver LEED Certification—Goal existing Military Building for the o Miami-Dade County, Florida Department of Military Affairs o Miami, Miami-Dade County, Florida North Miami Bus Shelter and Bus Hub o Design and Permitting of bus stop : Florida Fish &Wildlife CC -Royce Unit improvements for ADA compability on o 2,700 Acre Hydrologic Study and over 26 bus shelter sites within the Hydraulic Restoration Project City of North Miami plus the o Highlands County, Florida construction of the North Miami Bus Hub by City Hall. ® Opa Locka Airport -Fire-Rescue Heliport o North Miami, Miami-Dade, Florida o Design, modeling, and permitting of the Miami-Dade County's Fire Rescue Border Patrol Detainee Center Station No. 25 Heliport with associated o Design, modeling, and permitting of infrastructure within the Opa-Locka site, drainage, and utilities for the Airport. Department of Homeland Security on o Miami-Dade County, Florida a 4.3 acre wetland. Project included major drainage design and permitting ® Kendall-Tamiami Airport Hangars with the U.S. Corps of Engineers. o Design and Construction of 2 extra o NPDES Construction Activity Report large hangars with driveway, taxiway, o Stormwater Pollution Prevention Plan reinforced foundation design, with o Dania Beach, Broward County, Florida associated parking, utilities, and other infrastructure at Kendall-Tamiami Executive Airport. Served as Project Page 497 of 1055 THE BETAJONES GROUP,INC. Engineer throughout the Design and Construction of the project. o Silver LEED Certification o Miami-Dade County, Florida Wynwood Neighborhood Service Center o Government Building site renovation and neighborhood re-development, design, modeling, and permitting of site, accessibility, parking, drainage, community connectivity and utilities for the expansion of Miami's Design District o Silver LEED Certification—Goal o Miami, Miami-Dade County, Florida MIA Westside Fuel Tender Facilites o Construction of the Westside Fueling Facilities with associated parking, access roads, utilities and other infrastruture at Miami International Airport. Served as the Office Engineer throughout the Construction of the project. o Miami-Dade County, Florida MIA Midfield Phase III o Worked on the master takeoff which included pavement rehabilitation, construction of utilities (water, sewer, and drainage), demolition of buildings, clearing &grubbing, and removal of miscellaneous items (airport lights, , bldg. equipment, etc). Served as estimating engineer. o Miami-Dade County, Florida Zoo Miami Amphitheatre o Renovation of site, drainage, and utilities Zoo main amphitheatre o Miami-Dade County, Florida Page 498 of 1055 THE BsrAJOmsaGROUP,INC. FXPEDInNG D01FLOPMENT ADDITIONAL PROJECT EXPERIENCE 0 Gold LEE0Certification in Miami Free Zone Expansion 0 Hollywood, broward County, Flon a n Oesign, mnde|ing, and permitting of Seminole -Big Cypress Family Services site addition, drainage, and utilitySeminole Design of parking |nt. utility, stnrn�water improvements, including a7'EXnry syst�m. andgnodingimpnnmsm�ntsfnr Parking Garage, Office Building, and Foster Care Facility. parking lot redesign tnaccommodate n Big standard Indian standandand oversized vehicle capacity nna32'Acre Warehouse Reservation Secured Site. n Onno| immni ��mrgoPark Miami-Dade, FloridaF|nhda ' ' n Oesign, modeling, and permitting nf site parking additions, drainage, and Smmnino|m -BigCypress Cemetery utility improvements, including n Site improvements and hydrological implementation nfsustainable products study for acemetery expansion, such aspermeable asphalt design for a design, modeling, and permitting nf 23'acne. GOO.00OSF, Warehouse and site, dnoinage, and utilities for the UPS distribution Facility. Seminole Tribe nfFlorida. n Onno|. Miami-Dade County, Florida n Hendry County, Florida Haile Plantation Historical Estate Homestead Air Force Base Armory n Oesign, mnde|ing, and permitting of Expansion site improvements, drainage, and n Site |mpnnmsments, including drainage utilities for the 20'acne project. Included renovations and utility upgrades nfan the design nfmuseum parking areas, existing Military Building for the gift shop building with associated Department nfMilitary Affairs infrastructure and drainage repairs for n Miami, K8iami'OadeCnunh/. Florida the historical site.. n Kanapaha' A|ahuaCnunty' Florida MIA Fumigation Facility n Design, modeling, and permitting nf Ensenada Condominiums -4D-Ymmr site, parking, and utility improvements Recertification Project for aproposed Miami Internationalln Professional Engineering Inspections, Airport fumigation storage facility Design Improvements, and located atthe 8VVcnmernfthe K8|A CnnstruotinnAdministnoUnnnfthe property. 8truotuno| and |ihs 8ahsh/ Systems of 2- n Miami-Dade County, Florida 40'Yearn|d. 8-story buildings with 276 unit res. community on an 8-Acre Site Biscm�nm (�mndmnsE|mmnmntmry n Aventu' � Miami-Dade, Florida n 8chnn| R�nnvaUnnPn��ot -' ' n Design, modeling, and permitting nf yNmrinm0m| F�m� H�mnms infrastructure improvements for school. n Oesign, mnde|ing, and permitting of site, accessibility, drainage, and utilities North Miami, Miami-Dade, Florida' ' for a1OO'UnitMulti-Family Subdivision, 55+ Community Goodwill Industrial Laundry Facility n Beverly HiUs, Citrus County, Florida n Design, permitting, and construction management nfanindustrial water No Promenade mtCoconut Creek well system, gravity and pressured n Oesign, mnde|ing, and permitting of s�vv�rsyst�mstns�m� amajnr site, drainage, and uU|iUesfor a industrial laundry facility. K8ainstneet Oems|npmentK8ix'use n Miami-Dade County, Florida cnndn, nMice, and retail lifestyle center n LEE0Cmrtificmtion Seminole Native Learning Center n Coconut Creek, Bnnvvand. Florida n Building conversion and site re- development, design, modeling, and Santa Maria Golf and Country Club permitting nfsite, parking, drainage, n 7OO'acneMixed-Use Project including and utilities of an existing commercial Retail Center. High and Lnvv Density bldg. for The Seminole Tribe of Florida Page 499 Of 1055 THE BETAJONES GROUP,INC. Residential Areas, Country Club, 'NA. Center-Tampa—LEED Certification Banquet Hall, and Jack Nicklaus o Production of a Waste Management Signature Golf Course. Master Plan of a 22-story office o Panama City, Panama building with associated parking garage to acquire Gold Certification through Karanda I Village Foundation Stabilization the Leadership in Energy and o Design and Permitting of Erosion and Environmental Design (LEED) Green Sedimentation Control and Building Rating System as set forth by Foundation Stabilization for a 30-Acre the United States Green Building Residential Subdivision. Council (USGBC) o Coconut Creek, Broward, Florida o Gold LEED Certification—in progress o Tampa, Hillsborough County, Florida Golden Lakes Village Association -Roofing Rehabilitation Project ® Deering Bay Country Club (www.dbycc.com) o Design of Roofing Rehabilitation for a o 70-acre Golf Course Redesign Project 315-acre, 182 multi-family townhome and conversion into an Arnold Palmer residential subdivision. Including Signature Course. detailed engineering specifications, o Coral Gables, Miami-Dade, Florida evaluations and final certification. o West Palm Beach, Palm Beach ® Alhambra Plaza— LEED Certification County, Florida o Production of a Waste Management Master Plan of a 14-story office Alhambra West— LEED Certification building to acquire Gold Certification o Production of a Waste Management through the Leadership in Energy and Master Plan of a 14-story office Environmental Design (LEED) Green building to acquire Gold Certification Building Rating System as set forth by through the Leadership in Energy and the United States Green Building Environmental Design (LEED) Green Council (USGBC) Building Rating System as set forth by o Gold LEED Certification—in progress the United States Green Building o Coral Gables, Miami-Dade County, Council (USGBC) Florida o Gold LEED Certification o Coral Gables, Miami-Dade County, : Neuhut Commercial Property Florida o Building Additions & Improvement Project Karanda I Village Site Rehabilitation o Bay Harbor Islands, Miami-Dade, o Design and Permitting of Asphalt Florida Rehabilitation improvements for a 30- ® Montclair Oaks Multi-Family Subdivision Acre Residential Subdivision o Design, modeling, and permitting of o Coconut Creek, Broward, Florida site, drainage, and utilities for a 100- Unit Multi-Family Subdivision Dollar General Franchise Store o Lake County, Florida o Design, modeling, and permitting of site, drainage, and utilities ® Avila Condominium Capital Improvements o Levy County, Florida o Design, modeling, and permitting of site, parking, drainage, and sewer to Karanda I Village Reserve Study& rehabilitate a 40-year old, 4, 4-story Engineering Estimates buildings, 360 unit residential 55+ o Engineering Estimates for a 30-Acre community on a 10-acre site. Residential Subdivision's master o Sunny Isles Beach, Miami-Dade, improvement and rehabilitation plan Florida o Coconut Creek, Broward, Florida Kanapaha Station Southern Mills Business Park o Design, modeling, and permitting of o NPDES Construction Activity Report site, drainage, and utilities for a 3-Acre o Stormwater Pollution Prevention Plan Strip Mall o Palm Beach County, Florida o NPDES Construction Activity Report o Alachua County, Florida Page 500 of 1055 THE BETAJONES GROUP,INC. NO Datran Center 1 and 2—LEED Certification agencies to assist in large scale code o Production of a Waste Management compliance improvements and building Master Plan of 2-21-story office rehabilitation. buildings to acquire Gold Certification o Doral, Miami-Dade County, Florida through the Leadership in Energy and Environmental Design (LEED) Green 'Man 26 Star Island Residency-Interior and Building Rating System as set forth by Exterior Railing Systems the United States Green Building o Structural design, certification and Council (USGBC) permitting of a luxury hand rail system o Gold LEED Certification— in and gated entrance for a high-end progress residential estate. o Miami-Dade County, Florida o Star Island, Miami Beach, Miami-Dade County, Florida 450 Las Olas Blvd. -LEED Certification o Production of a Water Management 1 Brickell Square—LEED Certification Master Plan of an 15-story mix-use o Production of a Waste Management office-residential-retail building to Master Plan of a 26-story office acquire Gold Certification through the building to acquire Gold Certification Leadership in Energy and through the Leadership in Energy and Environmental Design (LEED) Green Environmental Design (LEED) Green Building Rating System as set forth by Building Rating System as set forth by the United States Green Building the United States Green Building Council (USGBC) Council (USGBC) o Gold LEED Certification o Gold LEED Certification—in progress o Miami, Miami-Dade County, Florida o Miami, Miami-Dade County, Florida The Columbus Center—LEED Certification No Isaia Property Drainage Improvements o Production of a Waste Management o Design and permitting of a stormwater Master Plan of a 14-story office management system and landscape building on a 3-acre site to acquire irrigation system. Including design of a Gold Certification through the stormwater drainage well, design of a Leadership in Energy and cistern, and associated infrastructure Environmental Design (LEED) Green for irrigation purposes. Building Rating System as set forth by o Coconut Grove, Miami-Dade County, the United States Green Building Florida Council (USGBC) o Gold LEED Certification— in : The Sheldon Hotel— Property Conditions progress Assessment Report o Coral Gables, Miami-Dade County, o Engineering Site and Structural Florida Assessment of an existing 1943 beachfront hotel along the Hollywood No 350 Las Olas Blvd. -LEED Certification Beach historic boardwalk, including the o Production of a Water Management identification of ADA updates and Master Plan of an 18-story mix-use community connectivity improvements office-residential-retail building to o Hollywood Beach, Broward County, acquire Gold Certification through the Florida Leadership in Energy and Environmental Design (LEED) Green No Pintos Farm Feasibility Study Building Rating System as set forth by o Engineering property assessments to the United States Green Building assist the client in the development of Council (USGBC) an agricultural and animal recreational o Gold LEED Certification center for clients. Property selection o Miami, Miami-Dade County, Florida process. The study focused on the current property parameters, GMAIR Warehouse -Engineering Study constrains, and the feasibility of future o Comprehensive engineering analysis development of several properties. of an industrial office/warehouse. o Miami-Dade County, Florida Including coordination with regulatory Page 501 of 1055 THE BETAJONES GROUP,INC. N. Pintos Farm Development Project ® O'Riley Stores -Sanitary Sewer Evaluation o Design and permitting of water and o Engineering Study, detailed analysis, sewer utilities for a 15-acre and rehabilitation of an existing agricultural site, petting farm, stables, commercial property's sanitary sewer and farmers market including a system including pump station, and potable water well, primary and cleanouts. secondary septic treatment units. o Miami-Dade County, Florida o Miami-Dade County, Florida 280 South Parkway-Seawall Inspections o Site Investigation and production of a detailed engineering report on the conditions of an existing inter-coastal seawall. Including, historical permitting information, seawall component conditions and repair work recommendations o Golden Beach, Miami-Dade County, Florida Dezer/Trump Development Group- Exotic Car Museum Property Conditions Assessment Report o Engineering Site and Structural Assessment of an existing abandoned gas station for site conversion into car museum, including the identification of development and improvement options o North Miami Beach, Miami-Dade County, Florida Cycle World Office/Retail Site Renovation o Building conversion from a church to office and retail and site re- development, design, and permitting of site, parking, drainage, and utilities of an existing commercial bldg. o Miami-Dade County, Florida NW Industrial Properties -Site Improvements o Design and permitting of a recycled asphalt and gravel parking area in the vicinity of a designated contaminated zone. Including production of a stormwater management system and associated infrastructure. o Miami-Dade County, Florida APAC Asphalt SE Plant o NPDES Industrial Activity Report o NPDES Construction Activity Report o Stormwater Pollution Prevention Plan o Gainesville, Alachua County, Florida Page 502 of 1055 Wayne K. Tonning, RLA 4855 NW 92 Terrace T 0 N N [ N G Coral Springs, Florida 33067 & ASSOCIATES, INC. Office Tel: (561) 414-8269 Landscape Architecture&Land Planning E-Mail: Wtonninggtonningandassociates.com Registration State of Florida—Landscape Architect License #LA6666709 State of Florida—Real Estate Sales Associate License#SL3223185 Florida Department of Transportation Certified: March 2013 LEED Green Associate,Accredited National Center for Construction Education and Research,Accredited Education Kansas State University,Manhattan,Kansas. Bachelor of Landscape Architecture. May 1998. The University of Connecticut,Storrs,Connecticut. Bachelor of Arts. May 1992. Major: Organizational Communications Minor:Business Florida Atlantic University,Fort Lauderdale,Florida. Masters of Urban and Regional Planning,May 2014 Major:Urban and Regional Planning Professional Registered Landscape Architect,Principal and President Experience January 2004—Present. Tonning and Associates,Inc. • Design and project management for firm specializing in landscape architecture, land planning,and urban design. • Responsibilities include conceptual design through construction detailing, landscape code compliance, cost estimation, site evaluation, daily client contact, site planning, layout, planting plans,hardscape,lighting,irrigation,preparation of bid sets,on-site inspections,and city development permit processing. • Recent projects include Margate Boulevard Streetscape-CRA City of Margate,State Road 7 City of Margate, The Riverhouse Towers-Deerfield Beach, Willingham Park-City of Fort Lauderdale,INS-Fort Lauderdale International Airport. • Projects vary in scale from residential site planning to commercial development. Page 503 of 1055 Registered Landscape Architect. June 1998—January 2006. Architectural Alliance,Fort Lauderdale,Florida. • Design and project management for multi-disciplinary firm specializing in landscape architecture,land planning,and urban design. • Responsibilities include conceptual design through construction detailing, landscape code compliance, cost estimation, site evaluation, daily client contact, site planning, layout, planting plans,hardscape,lighting,irrigation,preparation of bid sets,on-site inspections,and city development permit processing. • Construction administration for estate improvements including awarding contracts,managing escrow account,issuing release of liens,obtaining certificate of completion,coordinating, managing and providing supervision of contractors and sub-contractors. • Preparation of Development Review Committee submittal exhibits. • Recent projects include The Waverly at Surfside,Flamingo Park of Commerce,The Village at Sailboat Bend -Lennar-Fort Lauderdale, The Isles at Bayshore-Lennar-Miami,Various CRA work and Street improvements—City of Fort Lauderdale,Miramar Medical Office- Stiles Corporation. • Projects vary in scale from residential site planning to commercial development. Computer Proficient with AutoCAD 2018 Technology Memberships American Society of Landscape Architects,Full Member. The Irrigation Society. United States Green Building Council Page 504 of 1055 T 0 N N I N G & ASSOCIATES, INC. Landscape Architecture&Land Planning 4855 NW 92 Terrace Cera! Springs, FL 33067 Municipal Work: City of Margate-City Hall dedication Plaza City of Margate- Margate Boulevard Streetscape Urban renewal City of Margate-State Road 7 Streetscape (Colonial Drive to 31 st) City of Margate-Atlantic Boulevard Streetscape City of Margate-Coconut Creek Parkway INS Border Patrol - Fort Lauderdale International Airport City of Fort Lauderdale -Willingham Park Private Development: LeLac HOA—Boca Raton —common areas redevelopment, entry road, and wetland mitigation Westshore Plaza-Tampa out parcel redevelopment Martinique II-Singer Island-7 acre ocean front redevelopment New Floresta HOA-Boca Raton-1/2 mile Jog Road streetscape and 5 entry landscape The Riverhouse Towers-Deerfield Beach— redevelopment Westgate Square Sunrise-20 acre redevelopment Staples—Various Stand Alone Stores Timbercreek HOA-Park Design Wayne Tonninq with previous employers Previous Work Experience: Fort Lauderdale International Airport-Terminal 3 and 4, Lennar Corporation- Isles at Bayshore Lennar Corporation-The Village at Sailboat Bend Shoppers Haven-Pompano Beach-out parcel BJ's Wholesale-Fort Lauderdale Bonnet House-Fort Lauderdale Water taxi design Plantation Key-redevelopment office park Paraiso Park Publix-Pembroke Pines Florida Humane Society Deerfield Beach, Dixie Highway Streetscape- Pompano Beach Various school board projects: Broadview Elementary, Plantation High, and Hollywood Hills Page 505 of 1055 10700 SW 661h Terrace,Miami,Florida 33173 (305)301-3895—secaul miamisurvevina@yahoo.com SHILLS • GPS measuring equipment • Team training • Topographic surveying • Site conditions • Land surveying • Project specifications • Proficient in AutoCAD • Registered Land Surveyor,license#3087 WORK HISTORY 04/2015 to Present Vice President MLS Mapeons Group,Inc.—Miami,Florida • Gathered field survey data using Global Positioning System methods in an effort to measure distances and elevations. • Ensured that all crew members observed safety precautions while working outdoors in various climates and rugged conditions and when operating vehicles and field equipment. • Met all project milestones and deadlines,completing projects within or above client specifications. • Created,printed and modified drawings in AutoCAD. 09/2011 to 10/2014 Self-Employed Alberto Lorenzo-Luaces,P.L.S.—Miami,Florida • Gathered field survey data using Global Positioning System methods in an effort to measure distances and elevations. • Documented all phases of the field crew's work via in-depth reporting methods. • Ensured that all crew members observed safety precautions while working outdoors in various climates and rugged conditions and when operating vehicles and field equipment. • Met all project milestones and deadlines,completing projects within or above client specifications. • Created,printed and modified drawings in AutoCAD. • Measured and marked property guidelines and key features. • Performed field calculations to complete assessments. 05/2006 to 08/2011 Vice President MLS Land Surveying,Inc.—Miami,Florida • Gathered field survey data using Global Positioning System methods in an effort to measure distances and elevations. • Met all project milestones and deadlines,completing projects within or above client specifications. • Documented all phases of the field crew's work via in-depth reporting methods. • Ensured that all crew members observed safety precautions while working outdoors in various climates and rugged conditions and when operating vehicles and field equipment. • Measured and marked property guidelines and key features. • Performed field calculations to complete assessments. • Created,printed and modified drawings in AutoCAD. 05/1982 to 04/2006 President A.L.C.,Inc.—Miami,Florida • Gathered field survey data using Global Positioning System methods in an effort to measure distances and elevations. • Ensured that all crew members observed safety precautions while working outdoors in various climates and rugged conditions and when operating vehicles and field equipment. • Met all project milestones and deadlines,completing projects within or above client specifications. • Created,printed and modified drawings in AutoCAD. EDUCATION 1974 Bachelor's Land Surveying Miami-Dade College—Miami,Florida Page 506 of 1055 Jaime A. Velez, P.E. SENIORIENGINEER PROFESSIONAL EXPERIENCE P Jaime serves as a senior project engineer in the West Palm Beach, Florida office. He is a t ' geotechnical engineer by education and experience. Prior to joining the firm,Jaime earned his Master of Engineering Degree (geotechnical emphasis)from the University of Florida. In addition to his post- graduate studies, Jaime performed research pertaining to the use of the cone penetrometer in the testing of cemented sands. As a project geotechnical engineer, Jaime has 16 years of experience performing subsurface (geotechnical) studies throughout Florida for the design and construction of earth dams, earthen retaining walls, pump stations, underground piping, roadways,bridges and low to high-rise structures. His geotechnical engineering expertise includes conducting detailed analyses of slope stability, EDUCATION groundwater seepage, settlement and bearing capacity for shallow and deep foundations and Master of Engineering, University of evaluation of retaining wall global stability. Florida,2003 Bachelor of Science,Civil PROJECT I C Engineering, University of Florida, Connector Road from Lyons Road to Acme Dairy Road at 1.300 Feet South of Boynton Beach 2000 Boulevard—Boynton Beach, FL REGISTRATIONS Projejct Engineer.The proposed roadway improvements consisted of the design and construction of Professional Engineer: Florida, No. an extension to an existing road on the south side of Canyon Park. The road would be extended to 66416 the east for an additional 1,700± feet until it connected with Acme Dairy Road. The project also WORK HISTORY included the addition of a northbound left turn lane along Acme Dairy Road to provide access to the Terracon Consultants, Inc.(fka new roadway. Terracon performed subsurface exploration and provided geotechnical engineering Dunkelberger Engineering&Testing, recommendations for the proposed or roadway construction and other earth connected phases of the A Terracon Company), Project Engineer,2003-Present project. Terracon marked and performed auger borings and field permeability tests, drilled auger borings, conducted laboratory testing, and prepared a report that included geotechnical ADDITIONAL TRAINING recommendations. During Post Graduate Studies, Performed Research: Use of the Cone Penetrometer in Testing of Burt Reynolds Park Pavement Improvements—Jupiter, FL Cemented Sands. University of Florida Project Manager. Information was required regarding the thickness of the asphalt concrete and underlying base course of the existing paved parking area at Burt Reynolds Park. The scope of YEARS OF PROFESSIONAL services included field exploration, laboratory evaluation, and a summary engineering report that EXPERIENCE Total: 16 presented the factual data from the pavement cores. Terracon: 16 SW 3rd Street Intersection with Boca Rancho Drive—Boca Raton , FL Project Manager. Permeability testing was needed for the deisgn of an exfiltration trench on the east side of the existing SW 3rd Street Bridge in conncection with the planned bridge widening project. Field permeability testing was completed at the subject site to evaluate the hydraulic conductivity characteristics of the upper 8 feet of the stratigraphic profile components. PGA Boulevard and Military Trail Intersection Improvements-Palm Beach Gardens, FL Project Manager. A geotechnical study was conducted to explore the subsurface conditions of the site and geotechnical engineering criteria were provided for the design of the proposed mast arm foundations and new right turn lane.The project also included drainage improvements, an exfiltration trench, and up to four concrete signal poles or mast arms (one at each corner of the intersection). Flavor Pict Road from State Road(SR)7 East to Delray Holding Site Entrance and New Bridge over Lake Worth Drainage District(LWDD) E-1 Canal-Delray Beach, FL Project Engineer for a subsurface study completed in connection with the 2,600-foot long roadway extension and the associated bridge that was to be built over the LWDD E-1 Canal at SR 7.The work involved the research of soil survey information, drilling and sampling of exploratory borings, laboratory testing of selected soils and geotechnical engineering analysis and evaluation including the development of recommendations for the bridge substructure design and roadway construction. Irerracon City of Boynton Beach RFQ No. 035-2413-19/MFD I SE 1s'Street Sidewalk Improvements Design Page 507 of 1055 Brent M. Langlois, P.E. PROJECT GEOTECHNICAL ENGINEER ' PROFESSIONAL EXPERIENCE Brent has eight years of experience in the practice of geotechnical engineering. He is involved in t nearly every aspect of the geotechnical exploration programs he manages including project t �} management, review of field data, laboratory soil classification, CAD, analysis and design,and report preparation. His experience as a geotechnical engineer includes analysis and design of shallow and deep foundations, embankment seepage and stability, retaining walls, and pavements. Brent is well versed with various industry-related software including FB-Deep, LPILE, SEEP-W, SLOPE-W, and GRLWEAP. He also has valuable knowledge in foundation load testing (Static and Statnamic), dynamic pile load testing (PDA), tip grouting of drilled shafts, and quality assurance (QA)testing of EDUCATION deep foundations including drilled shaft inspection device (MiniSID), Crosshole Sonic Logging (CSL), B.S., Civil Engineering, University of low strain integrity testing, Sonic Caliper logging of drilled shafts. Florida,2011 REGISTRATION PROJECT I C Professional Engineer: Florida, Old Bridge Park Improvements—Lake Worth,FL No.81336 Staff Engineer. Proposed improvements for the City of Lake Worth park included construction of a new AFFILIATIONS semi-circular seawall along the western edge of the existing park, a 5-foot wide by 50-foot long floating American Society of Civil Engineers gangway, and a 50-foot by 10-foot floating dock. Terracon furnished a subsurface exploration and (ASCE) geotechnical engineering recommendations concerning the design and related construction of the Florida Engineering Society(FES) proposed seawall and floating dock improvements project. Association of State Dam Safety Officials(ASDSO) 58th Avenue Reclamation/Resurfacing,26th to 57th Street-Vero Beach, FL Project Geotechnical Engineer. The existing roadway is a 2-lane divided highway with a speed limit WORK HISTORY Project Geotechnical Engineer, of 45 mph. The County is planning to rehabilitate approximately 3 miles of the subject roadway Terracon Consultants, Inc.,2014— section. In connection with this work, the County wanted to know the composition of the in-place Present pavement section (i.e., surface course, base and subgrade thickness and type). The existing Geotechnical Engineer,Applied pavement is a flexible(asphaltic)pavement.Terracon provided field exploration and laboratory testing Foundation Testing,2011 —2014 under the guidance of a geotechnical engineer to characterize the subsurface conditions of the site. We also provided field and laboratory data for the existing pavement section thicknesses and material YEARS PROFESSIONAL EXPERIENCE CE types. The scope of our services included 20 cores that were cut through the existing pavement Total: 8 section. Soil borings were subsequently advanced to 4 feet below the pavement surface at each core Terracon: 5 location. Dynamic Cone Penetrometer (DCP) tests were performed at 11 core locations to collect strength data for the subgrade soil. C-24 Canal Park -Port St. Lucie, FL Project Geotechnical Engineer. This project involved site improvements of an existing boat ramp on the C-24 Canal that included the construction of a new boat ramp with a floating dock, installation of underground storm drainage and utility lines, a car/truck/boat parking lot, a retention pond, and small structures including a restroom facility and three picnic pavilions. Terracon (formerly Dunkelberger) provided geotechnical engineering services to assist in the design and construction of the project, as well as earthwork ("de-mucking") observations and materials testing services during construction. The project site was underlain at shallow depth by unsuitable organic soils (i.e., Terra Ceia muck), primary components of our work was to verify the presence of unsuitable soils through the drilling of engineering borings, evaluating construction options based on those findings, and providing engineering observation oversight during the remediation of the unsuitable soils. Hilltop Street Water Quality Improvements—Jensen Beach, FL Project Engineer.The project proposed future stormwater improvements to a section of Hilltop Street located east of Northeast Skyline Drive. The significant variation in elevation across the roadway caused stormwater to collect at the low points. Exfiltration trenches were proposed to improve drainage and soil permeability characteristics were needed to assist in the design of the trenches. The firm conducted subsurface exploration and laboratory testing which included evaluation of the hydraulic conductivity characteristics using the Borehole Permeability(BHP)test method. This data presented to the client to assist in their design of the exfiltration trenches. In addition to the hydraulic conductivity testing, an auger boring was drilled adjacent to each test location to locate the groundwater table. IrLmacon City of Boynton Beach RFQ No. 035-2413-19/MFD I SE 1s'Street Sidewalk Improvements Design Page 508 of 1055 Michael J. O'Connor, P.E., S.I. PRINCIPAUSENIORENGINEER/SPECIAL INSPECTOR ` PROFESSIONAL EXPERIENCE Michael is a registered (Florida) professional engineer with over 35 years of expertise in construction services and building inspection services.A principal and office manager for Terracon Consultants, Inc., he has been in responsible charge of the West Palm Beach office and its state- of-the-practice specialty materials testing laboratory since 1994. He provides services throughout South Florida and on the Treasure Coast. On a day-to-day basis, Michael provides technical r oversight and direction to engineering and technical staff. He oversees the management for designated laboratory and field verification activities relative to sampling, inspecting, field and laboratory testing of bituminous material, concrete, soils, aggregate materials, water, steel, prestress concrete and precast concrete in accordance with applicable Florida Sampling and Testing Methods, AASHTO, and ASTM Standard Specifications. Michael has managed these EDUCATION activities on project sites as well as offsite locations including materials producers, batch plants, Bachelor of Science,Civil and fabrication tants. Engineering, University of South p Florida, 1985 Michael is also responsible for all threshold/special inspection, private provider and building REGISTRATIONS inspection projects. These services include: providing quality assurance (QA) to owners and Professional Engineer(Special contractors during construction on their projects ensuring construction meets local building code Inspector): Florida, No. 981 requirements. Serving as liaison between Building Officials, Contractors and Engineers of Record, CERTIFICATIONS he has successfully completed hundreds of threshold and special inspection projects. State Requirements for Educational Facilities(SREF)and Chapter 423 of PROJECT I C the Florida Building Code Course NW 11th Avenue Reconstruction—Boynton Beach, FL AFFILIATIONS Principal Engineer. Terracon completed pavement coring services for NW 11 th Avenue between Florida Engineering Society North Seacrest Boulevard and the termination road.The firm also measured the thicknesses of the in-place asphalt pavement and base course layers, and identified the subgrade soils to a depth of American Concrete Institute ten feet below the top of pavement. Using a water cooled, high speed rotary drill equipped with a Building Officials Association of 6-inch diameter, diamond studded core barrel the asphalt pavement and base course thicknesses Florida(BOAF) were explored.The base course and subgrade samples were visually classified by a staff engineer. Southern Building Code Congress International(SBCCI) Sandalfoot Boulevard and State Road (SR) 7 and SW 3rd Street and SR 7 Bridge Replacements-Palm Beach County, FL Renaissance Executive Forums, Member Principal Engineer.Terracon is providing construction materials testing services for the construction of the referenced transportation project. The project includes approximately 13,221 square yards ADDITIONAL TRAINING Florida Engineering Leadership (SY)mill existing asphalt pavement;90 lineal feet(LF)of 18" pipe culvert; 24 LF of 24" pipe culvert; Institute(FELI)Class of 2008, 140 EA 18" RCP French drain; 1,118 SY 4: concrete sidewalk; 300 LF of prestressed deck slabs Graduate type A;23.7 cubic yards(CY)class II (bridge deck)concrete for keyways,; and 1,835 LB reinforcing YEARS OF PROFESSIONAL steel. Services are being provided under the firm's continuing contract with Palm Beach County. EXPERIENCE The scope of work for the firm's field and laboratory services include: soil testing, concrete and Total: 35 masonry testing, aggregate testing, and asphalt testing. Terracon:25 Crestwood Boulevard Improvements-Royal Palm Beach, FL Engineer in Charge. Terracon also provided construction materials testing services, under our continuing services contract with the Village of Royal Palm Beach,for phase II of the improvements project.Terracon performed asphalt roadway QC services as well as asphalt lot verification services for Crestwood Boulevard.The scope of work involves the testing, inspection,observation sampling of the project, and providing test results and opinions based on the tests and field observation. Lake Worth Neighborhood Road Program Year 3 - Pavement Cores -Various Roads, Lake Worth, FL Principal Engineer. Terracon holds a continuing services contract with the City of Lake Worth and was issued a purchase order to provide pavement cores for various roadways as a part of the City's roadway maintenance program. The scope of work includes utility clearance,field work, laboratory examination, and reporting. Irerracon City of Boynton Beach RFQ No. 035-2413-19/MFD I SE 1st Street Sidewalk Improvements Design Page 509 of 1055 David T. Youngstrom SENIORI PROFESSIONAL I C David has 30 years of specialized experience in the practice of geotechnical and construction materials engineering. The first 15 years of his career was spent in Minnesota working on a variety of project types, including heavy highway construction, "big box" and residential development, large earthworks and foundation construction, and forensic evaluations of failed or failing pavements. David joined the firm in 2003 as a project geologist progressing to a Senior Project Manager to Office Manager. In addition to his project management duties, David is responsible for the day-to-day operations of the Port St. Lucie and West Palm Beach Construction Services group, overseeing and managing the staff, with P&L responsibilities for the group. His duties also include overseeing and maintaining quality control (QC) programs that fulfill the requirements of the firm's in-house quality assurance/quality control (QA/QC) program, and project specifications. EDUCATION B.S., Geology, University of His expertise includes, but is not limited to, evaluating and overseeing construction of Minnesota, 1983 earthworks (embankments, levees, slopes), roadways and bridges; soil CERTIFICATIONS improvement/replacement" construction of shallow and deep foundations, and retaining Nuclear Density Gauge Certification, structures. He has expertise in construction inspection, and all areas of construction testing for Level I soils, concrete, masonry and asphalt, as well laboratory testing of aggregates, soils, concrete Nuclear Radiation Safety Officer and asphalt. Office Safety Coordinator PROJECT I C Lake Worth Neighborhood Road Program Year 3,Various Roads -Lake Worth, FL International Conference Building Officials-Reinforced Concrete Senior Project Manager. Terracon holds a continuing services contract with the City of Lake Worth and was issued a purchase order to provide pavement cores for various roadways as a MN/DOT Batch Plant Inspector, part of the City's roadway maintenance program. The scope of work includes utility clearance, Grade 1 field work, laboratory examination, and reporting. OSHA(10 hour)Construction Safety Heritage Ridge Pipe Replacement and Resurfacing Project-Hobe Sound,FL ORGANIZATIONS Senior Project Manager. The planned project involved: removal and replacement of 2,158 lineal Martin County Chamber of feet (LF) storm drainage pipe; 800 square feet (SF) of concrete sidewalk and driveway Commerce, Leader-Ship Class 21 replacement; 795 LF of valley curb and gutter replacement; and milling of 3,151 square yards YEARS OF PROFESSIONAL (SY) existing asphalt and resurfacing with 1-1/2 inches of SP 9.5 asphaltic concrete (254 tons). EXPERIENCE Terracon conducted field sampling and performed materials testing during the project. Asphalt Total: 30 Terracon: 15 cores were also cut for laboratory testing. Engineering review and reporting of the test results were also provided. Sandalfoot Boulevard and State Road (SR) 7 and SW 3rd Street and SR 7 Bridge Replacements-Palm Beach County, FL Senior Project Manager. Terracon is providing construction materials testing services for the construction of the referenced transportation project that includes approximately 13,221 SY mill existing asphalt pavement; 90 LF of 18" pipe culvert; 24 LF of 24" pipe culvert; 140 EA 18" RCP French drain; 1,118 SY 4: concrete sidewalk; 300 LF of prestressed deck slabs type A; 23.7 cubic yards (CY) class II (bridge deck) concrete for keyways,; and 1,835 LB reinforcing steel. The scope of work for the firm's field and laboratory services include: soil testing, concrete and masonry testing, aggregate testing, and asphalt testing. Walton Road Widening, Phase II -Port St. Lucie, FL Construction Services Manager. The project involved the widening of Walton Road from Village Green Drive to Lennard Road (0.8 mile) from an existing 2-lane roadway into a divided 4-lane roadway. Associated with the roadway widening was underground drainage and utility improvements along the alignment as well as the construction of curbing, sidewalks and medians. Terracon provided geotechnical engineering services to assist in the design and construction of the project as well as materials testing and inspection services during construction that included: earthwork observations; in-place density testing; concrete testing; rebar inspection; drilled shaft inspection; asphalt testing; turbidity monitoring; vibration monitoring; and noise measurement testing. Irerracon City of Boynton Beach RFQ No. 035-2413-19/MFD I SE 1s'Street Sidewalk Improvements Design Page 510 of 1055 Dennis A. Torres SENIOR ENGINEERING TECHNICIAN/INSPECTOR/LABORATORY TECHNICIAN PROFESSIONAL EXPERIENCE Dennis Torres has more than 19 years of experience as a technician specializing in TIN No.:T62016064 field and laboratory testing for geotechnical and construction materials testing CERTIFICATIONS projects. His laboratory testing experience includes all commonly used materials CTQP Aggregate Base Testing Technician testing methods for roadway, bridge and building construction. His field testing experience includes earthwork construction inspection, concrete sampling and CTQP Aggregate Testing Technician asphalt plant inspection. Dennis serves as a field and laboratory technician for CTQP LBR Technician Terracon's South Florida Region. CTAP Qualified Sampler Technician PROJECT EXPERIENCE CTQP Concrete Lab Technician, Level 1 Dennis has performed or is currently performing laboratory testing and/or field inspections for the following construction materials testing projects: CTQP Asphalt Paving Technician, Level 1 • Florida Department of Transportation (FDOT) District 4 Asphalt Testing Contract, Various Locations throughout the District CTAP Asphalt Plant Technician, Level 1 • FDOT Annual Testing Lab Services Contract for Various Projects —Various Locations in ACI Aggregate Testing Technician, South Florida Level 1 • Florida Turnpike Mainline Continuing Contract for Various Projects —Various Locations in ACI Aggregate Base Testing Technician South Florida ACI Concrete Field Testing • FDOT District 6 Asphalt Plant Testing for Various Projects—Various Locations Districtwide Technician, Grade 1 • Palm Beach International Airport Asphalt Plant Testing —Palm Beach County, FL ACI Concrete Laboratory Testing Technician, Level 1 • Fort Lauderdale-Hollywood International Airport Asphalt Plant Testing — Fort Lauderdale, FL ACI Concrete Strength Testing Technician • Crosstown Expressway,City of Port St. Lucie Continuing Services Contract—Port St. Lucie, Nuclear Density Gauge Safety/ FL Hazardous Materials Training • Becker Road -St. Lucie County, FL YEARS OF PROFESSIONAL EXPERIENCE • Fort Lauderdale Executive Airport-Fort Lauderdale, FL Total: 19 Terracon: 19 • 1-95 HOV Lanes, Geotechnical Laboratory Testing -Palm Beach County, FL • 1-95 and Northlake Boulevard Interchange, Earthwork Construction Inspection (ECI) and Concrete Testing -Palm Beach County, FL • State Road (SR)A1A from Linton Boulevard to E.Atlantic Avenue,Geotechnical Laboratory Testing -Palm Beach County, FL • SR A1A from E. Atlantic Avenue to Crestwood Drive, Geotechnical Laboratory Testing - Palm Beach County, FL • Deck Bridge between Palmetto and N.W. 25th Street, Compressive Strength Testing for Concrete Beams—Miami-Dade County, FL • Hagen Ranch Road from W. Atlantic Avenue to Lake Ida Road, ECI and Concrete Testing -Palm Beach County, FL • Modification to Sunny Isles Segment and Beach Renourishment, Geotechnical Laboratory Testing -Miami Beach, FL • Pump Station 362, ECI and Concrete Testing -Palm Beach County, FL • Boynton Beach Water Utility Plant, ECI and Concrete Testing -Palm Beach County, FL Irerracon City of Boynton Beach RFQ No. 035-2413-19/MFD I SE 1s'Street Sidewalk Improvements Design Page 511 of 1055 THE BETAJONES GROUP,INC. CURRFII T ILIST OF PROJECTS ,-Current Process All Participating Project Managers have a Project Managers average 10-40 projects a year minimum of 3 hrs per day to dedicate to for the past 12 years. the project and staff has a minimum of 6 hours per day to dedicate to the project. No individual subconsultant is expected to 50% of the Projects below will be perform more than 5% of the work, including completed in the next month or 2, and the but not limited to our Team Surveyors, Team top 3 projects will begin construction in the Geotechnical Engineering Team, and Team next 3-4 months. We will wait until the Landscape Architect. Boynton Beach Project is awarded prior to scheduling any team member to exceed the minimum hours set above. The Residences— Design Process : North Glade Park Community Center—Final o Design, modeling, and permitting of Construction Certification site, drainage, and utilities for 2 Mix- o Civil and Structural Design and use 30- Story Rental Apartments and Permitting of an 4 Acre MDPROS Park Retail Bldg. Improvement Project in Carol City. o Ft. Lauderdale, Broward, Florida Improvements include the modernization of the Park Clubhouse, Victoria Park— Design Process design of the park basketball courts, o Design, modeling, and permitting of parking, drainage, and other site, drainage, and utilities for a 30 infrastructure improvements throughout story Condominium building the park. o Ft. Lauderdale, Broward, Florida o Silver LEED Certification—Goal o Miami-Dade County, Florida Margo Mixed Use Building—Design Process : Live Like Bella Park—Final Construction o Design, modeling, and permitting of Certification site, drainage, and utilities for a 3 o Civil and Structural Design and story Commercial - Residential Permitting of an 8.6 Acre MDPROS o Hallandale, Broward, Florida Park Improvement Project near Homestead. Improvements include the modernization of the Park Clubhouse, covered loggia, additional clubhouse building, and site infrastructure improvements throughout the park. o Silver LEED Certification—Goal o Miami-Dade County, Florida Various Bank of America Sites (Currently 3 Sites in Design Process and 3 Sites In Construction Process) o Site Improvements including ATM Drive-Throughs, ADA Standards Renovations o Florida, Oklahoma, Texas Page 512 of 1055 F. EXAMPLE PROJECTS WHICH BEST ILLUSTRATE PROPOSED TEAM'S 20. EXAMPLE PROJECT KEY QUALIFICATIONS FOR THIS CONTRACT NUMBER (Present as many projects as requested by the agency, or 10 projects, if not specified. 2 Complete one Section F for each project.) 21. TITLE AND LOCATION(City and State) 22. YEAR COMPLETED PROFESSIONAL SERVICES CONSTRUCTION(If applicable) David Williams Hotel Drainage Improvements 2013 2019 23. PROJECT OWNER'S INFORMATION a.PROJECT OWNER b.POINT OF CONTACT NAME c.POINT OF CONTACT TELEPHONE NUMBER David Williams Hotel Condo Association Mr. Holger Lutz, Property Manager/Owner Rep. 305-529-9050 24. BRIEF DESCRIPTION OF PROJECT AND RELEVANCE TO THIS CONTRACT (Include scope,size,and cost) Project Address: 700 Biltmore Way, Coral Gables, Florida 33134 Design and Permitting of an Improved Interconnected Drainage Well Pressured Drainage System to sustain additional runoff from the Hotel's Underground Parking Garage. Project is composed of the demolition of the old drainage system storage sump pit, construction of 2 new drainage wells, interconnecting all exit pipes onto the new system, and creating a filtering system for the underground drainage pumps. Cost: Engineering Consulting: $100,000 Mr. Betalleluz was the Project Manager/ Lead Civil / Project Engineer A Stormwater Report and FDEP permit are available for display, however the submittal package for the BOYNTON BEACH SIDEWALK IMPROVEMENT PROJECT is limited to 5 pages. 25. FIRMS FROM SECTION C INVOLVED WITH THIS PROJECT (1)FIRM NAME (2)FIRM LOCATION(City and State) (3)ROLE a. The BetaJones Group, Inc 801 Brickell Avenue Suite 900 Miami, FL 33131 Lead Civil Engineer (1)FIRM NAME (2)FIRM LOCATION(City and State) (3)ROLE b. (1)FIRM NAME (2)FIRM LOCATION(City and State) (3)ROLE C. (1)FIRM NAME (2)FIRM LOCATION(City and State) (3)ROLE d. (1)FIRM NAME (2)FIRM LOCATION(City and State) (3)ROLE e. (1)FIRM NAME (2)FIRM LOCATION(City and State) (3)ROLE f. STANDARD FORM 330 (REV. 8/2016)PAGE 3 Page 513 of 1055 F. EXAMPLE PROJECTS WHICH BEST ILLUSTRATE PROPOSED TEAM'S 20. EXAMPLE PROJECT KEY QUALIFICATIONS FOR THIS CONTRACT NUMBER (Present as many projects as requested by the agency, or 10 projects, if not specified. 2 Complete one Section F for each project.) 21. TITLE AND LOCATION(City and State) 22. YEAR COMPLETED PROFESSIONAL SERVICES CONSTRUCTION(If applicable) David Williams Hotel Drainage Improvements 2013 2019 23. PROJECT OWNER'S INFORMATION a.PROJECT OWNER b.POINT OF CONTACT NAME c.POINT OF CONTACT TELEPHONE NUMBER David Williams Hotel Condo Association Mr. Holger Lutz, Property Manager/Owner Rep. 305-529-9050 24. BRIEF DESCRIPTION OF PROJECT AND RELEVANCE TO THIS CONTRACT (Include scope,size,and cost) Project Address: 700 Biltmore Way, Coral Gables, Florida 33134 Design and Permitting of an Improved Interconnected Drainage Well Pressured Drainage System to sustain additional runoff from the Hotel's Underground Parking Garage. Project is composed of the demolition of the old drainage system storage sump pit, construction of 2 new drainage wells, interconnecting all exit pipes onto the new system, and creating a filtering system for the underground drainage pumps. Cost: Engineering Consulting: $100,000 Mr. Betalleluz was the Project Manager/ Lead Civil / Project Engineer A Stormwater Report and FDEP permit are available for display, however the submittal package for the BOYNTON BEACH SIDEWALK IMPROVEMENT PROJECT is limited to 5 pages. 25. FIRMS FROM SECTION C INVOLVED WITH THIS PROJECT (1)FIRM NAME (2)FIRM LOCATION(City and State) (3)ROLE a. The BetaJones Group, Inc 801 Brickell Avenue Suite 900 Miami, FL 33131 Lead Civil Engineer (1)FIRM NAME (2)FIRM LOCATION(City and State) (3)ROLE b. (1)FIRM NAME (2)FIRM LOCATION(City and State) (3)ROLE C. (1)FIRM NAME (2)FIRM LOCATION(City and State) (3)ROLE d. (1)FIRM NAME (2)FIRM LOCATION(City and State) (3)ROLE e. (1)FIRM NAME (2)FIRM LOCATION(City and State) (3)ROLE f. STANDARD FORM 330 (REV. 8/2016)PAGE 3 Page 514 of 1055 LO 6 LO01 1� a s JL go +00 LO LOF b ° - 0 k- �l (C) — if) � r S e t LO LO 0 4- 0 ELO Ll ` L 2 b f CL af s i i m r � I `t1 f h r T H E No 1M.1-1 . BETA - JONES June 19, 2019 R 0 U I" THE BETAJONES GROUP—CITY OF BOYNTON BEACH RFQ 035-2413-19/MFD SE 1ST STREET SIDEWALK IMPROVEMENT DESIGN DESCRIPTION OF GENERAL PROJECT APPROACH,WORK PLAN,AND WORK SCHEDULE Mr. Luis A. Betalleluz, Licensed Professional Engineer is the Project Manager and Lead Civil Engineer of Record on this Project. With over 20 years of professional experience working throughout the entire state Florida, including some of related professional specialties applicable to this project: Municipal Projects (Project Manager and / or Civil Engineer of Record), Drainage Rehabilitation, Park Projects, School Modernization, Roadway Improvements, Municipal Building, and Multiple LEED Certified Projects. This List make him an expert in engineering design for each specific aspect that is needed for the City of Weston Long term Basis Municipal Civil Engineering Services. With an Average of Managing 30-40 Projects per year, for the past 20 years Mr. Betalleluz has solid experience in dealing with Local Municipalities, South Florida Water Management District, DEP, Local, State, and National Permitting Agencies. Additionally, over 50% of projects that Mr. Betalleluz has been involved throughout his career has had Architects, Landscape Architects, Surveyors, MEPs, Structural Engineers and Other Design Professionals, showing a proven track record in coordinating with a Design Team and the Client for successful completions of projects. The Selected Design Team complements The BetaJones Group's core Civil Engineering Team that will be working on the City of Boynton Beach Sidewalk Improvement Project. Below, is a GENERAL APPROACH to successfully bring a project from a Conceptual Stage to Construction. Of Course, this is a General Project Approach. A MORE Precise Project Approach can be provided once coordination with the City commences. 1. PHASE 1 FEASIBILITY STUDY-SITE RESEARCH AND INVESTIGATION (Simultaneous Steps)— WEEKS 1-4 o Design Team will coordinate with the Town's Management Team and review As-Built Plans of Site, 30% Plans, Underground Utilities and Adjacent Structures. o Design Team will review Building Code, Zoning, Engineering, and landscape regulations to identify required code and any possible obstacles. o Design Team will conduct a full site visit to study perform the walkthrough portion of the Study to identify and measure any Compliance Issues. 2. TOPOGRAHICAL AND LOCATION SURVEYS—WEEKS 1-4 o Any additional Surveying Data that is needed, the surveyor shall conduct the necessary surveys (Location, Tree, Topographical) in order to prepare a base background for the Design Drawings and to identify existing longitudinal and cross slopes throughout the Site. 3. GEOTECHNICAL(SOILS)STUDY—WEEKS 1-4 o Geotechnical Engineer shall conduct the necessary Soils Studies to identify and recommend Drainage, Pavement, Foundation Parameters. 4. FEASIBILITY REPORT COMPLETION, PRESENTATION AND DESIGN OUTLOOK WITH OWNERS— WEEKS 5-6 (OWNER'S RESPONSE—WEEKS 6-8) o Design Team will complete Study and prepare a presentation of Improvement requirements and optional recommendations to the Client. o Design team to discuss with client if sections will close or remain open during improvements in order to implement construction phases and areas to remain open for onsite animals. o Client will provide a preliminary approval on all improvements throughout the site. ft 01 Brick ll Avenue •Suite 900 • Miami, Florida 33131 Page 518 of 1055 THE BETAJONES GROUP,INC. 5. 60% ENGINEERING SCHEMATIC DESIGN —WEEKS 8-18 a. Project Manager and Senior Civil Engineer of Record, Mr. Luis A. Betalleluz, P.E. will focus on all Site Layout, Site Improvement Design, Utility Design, Paving and Grading Design and tying the proposed project area onto the existing park areas as well as Preparation of all Related Construction Plans for submittal and approval with Ownership as well as all required jurisdictional agencies. o A Cost Estimate Based on the Schematic Design will be prepared for the Client o Coordination with Town Staff, Council and Advisory Boards will occur during this process. 6. 90% ENGINEERING DESIGN DEVELOPMENT—WEEKS 19-25 o Design team will provide more detailed Engineering Design Plans. o A Final Cost Estimate will be prepared for the Client o Coordination with Town Staff, Council and Advisory Boards will occur during this process. 7. 100% ENGINEERING CONSTRUCTION DOCUMENTS —WEEKS 26-34 o Design team will finalize Engineering Design Plans to Prepare for Final Permitting Process o A Cost Estimate Based on the Design Development Plans will be prepared for the Client o A Project Specifications Manual will be prepared for the Client 8. PERMITTING PROCESS—WEEKS 34-60 (ESTIMATED 3-6 MONTHS) o Project Manager Mr. Luis A. Betalleluz and Team will deliver and work with all Jurisdictional Agencies to obtain all necessary sub-permits and final Building Construction Permit as required to be able to proceed to the Construction Process. 9. BIDDING PROCESS —WEEKS 60-69 (ESTIMATED 2 MONTHS) o The Design Team will Prepare and/or assist the client in preparing a bid package as required to obtain bids from qualified Contractors. o The Design Team will conduct and/or be part of the pre-bid meetings to answer all contractor's questions and or clarifications. o The Design Team will also assist the client in reviewing the Contractor's proposals follow up with references and provide a written summary and/or oral presentation of their findings to assist the Client in selecting the Contractor. DESIGN AND PERMIT TIMELINE TOTAL: 12-15 MONTHS BIDDING TIMELINE: 2 MONTHS Can be expedited and or Compressed if necessary. 10. CONSTRUCTION PROCESS, PROJECT CLOSEOUT, & FINAL PROJECT CERTIFICATION o Once the Construction Team is selected, the Design Team will hold a Pre-Construction Meeting with the Client and Construction Team to discuss Client Goals and Construction Procedures specifically of importance to the Client such as: Continuing Park Operations, Construction Team Parking, Noise and Dust Control, Construction Schedule, Equipment Storage, Security, etc. o The Architect and Engineers of Record shall review and approve payment schedules prior to the Client releasing payments to the Contractor o The Design Team will work with the Client and Construction Team and attend Pre-Construction Meetings, as necessary, with Jurisdictional Agencies and Inspectors requiring such meetings. o The Design Team will review and process, as necessary, all construction shop drawings and Contractor RFIs (Request for Additional Information) for materials to be ordered, accordingly, and any clarifications questions answered. o Any Finishes on the project still left to be determined will be coordinated between the Client, Design and Construction Teams. o The Design Team Shall conduct onsite inspections, review testing, and maintain coordination with the Contractor on all As-built Requirements to be reviewed and approved prior to certification. o The Design Team shall assist the Contractor with the Permit Close-out with the required Jurisdictional Agencies. Page 2 of 3 6/19/2019 Page 519 of 1055 THE BETAJONES GROUP,INC. o At the End of Construction,the Design team will conduct a final review of the Asbuilt Survey and Site Work and provide a checklist in coordination with the Client to the Contractor of any remaining close out items. o Once the Permit has been closed and final Punch list items have been completed, the Project Manager will provide all certification letters and obtain and releases from the Contractor for the owners to proceed with operating the newly built project. ESTIMATED CONSTRUCTION TIMELINE: 1-2 years depending on the Railway Coordination, FDOT, and Road Closures/MOT Coordination. Can be expedited and or Compressed if necessary. Page 3 of 3 6/19/2019 Page 520 of 1055 T H E No 1M.1-1 . BETA - JONES June 19, 2019 G R o U I" THE BETAJONES GROUP—STATEMENT OF QUALIFICATIONS W/REFERENCES RELATED PROJECT EXPERIENCE MUNICIPAL PARK PROJECTS The BetaJones Group is a full-service Site/Civil Engineering firm serving as the client's engineering consultant throughout the land development process providing services needed for every phase including: site planning, engineering design, regulatory permitting, and construction oversight. Our services apply for new development, redevelopment, and rehabilitation projects in all types of land use: residential, commercial, industrial, and municipal sites. BetaJones staff brings specialized services and numerous, recent, and ongoing experience within all types of Municipal Facilities in the State of Florida. Areas of expertise include: • Civil Engineering o Water/Wastewater/Storm Drainage o Roadways o Site Engineering/Planning o Parking Lots o Other: Civil Engineering Feasibility Studies o Other: Specialty Civil Engineering Such as Park, Golf Course,Airport, Educational Facilities, Municipal Building Site New Development and Site Redevelopment o Project Management o Owner's Representative, o Cost Estimating o CEI Services Non-FDOT Certified Roadway& Drainage, City of Miami Beach: Miami Beach Bay Road Drainage Improvements. 2014 o Client: City of Miami Beach o Client Address: 1700 Convention Center Dr, Miami Beach, FL 33139 o Contact Person: Mr. Hermes Diaz, City Engineer ■ Phone: 786-473-4710 ■ Email: hdiaz2@coralgables.com o Total Fees Paid to Firm: Approximately$150,000 o Total Cost of the Construction: $1,250,000 o Reference Project Description: Served as Project Engineer. o Design, stormwater planning, modeling and permitting for the design-build of roadway and major drainage improvements throughout Bay Road within the City of Miami Beach, Florida . Scope of work included: Master Drainage Planning with the ICPR program, adding additional drainage injection wells, modifying an existing pump station, Right of way and roadway improvements. o Miami Beach, Miami-Dade County, Florida Municipal Project, Multiple Cities: Miami-Dade Transit Master Bus Route Improvements. 2012 o Client: Miami Dade County Transit Department o Client Address: 1700 Convention Center Dr, Miami Beach, FL 33139 o Contact Person: Mr. Javier Salmon, Project Manager ■ Phone: 305-460-5037 ■ Email:jsalmon@miamidade.gov o Total Fees Paid to Firm: Approximately$343,000 o Total Cost of the Construction: $2,500,000 o Reference Project Description: Served as Project Engineer. o Design and permitting of over 200 bus shelter additions throughout Miami-Dade County's Bus Transit Route. Scope of work included: the modernization of Miami-Dade County's Bus Transit System, including ADA accessibility, bus shelter site selection, drainage improvements, and other Right of Way Improvements, 01 Brick ll Avenue •Suite 900 • Miami, Florida 33131 Page 521 of 1055 THE BETAJONES GROUP,INC. o Cities of Opa-Locka, Doral, Homestead, North Miami, North Miami Beach, Florida City, EI Portal, Miami Lakes, Miami Gardens, Surfside, Medley, and Bay Harbor Islands, Miami-Dade County, Florida Roadway& Drainage, Multiple Cities: 1-95 & Pembroke Road Pump Station. 2002 o Client: City of Hollywood o Client Address: 1700 Convention Center Dr, Miami Beach, FL 33139 o Contact Person: Mr. Walt Smyser, City Engineer ■ Phone: 954-921-3930 ■ Email: wsmyser@hollywoodfl.org o Total Fees Paid to Firm: Approximately $10 Million (Mr. Betalleluz Completed this Project with a different Firm) o Total Cost of the Construction: $10 Million o Reference Project Description: Served as Office and Field Engineer. o Design-Build of a 2.5 mile master drainage pipeline, roadway improvement, and pump station project, including the micro-tunneling under 1-95, trenching and boring under major arterial roadways. o Hallandale, Pembroke, and Hollywood, Broward County, Florida Broward County Public Schools—Fire Suppression Site Improvements: Dillard High School, Mc Fatter Technical School, Tedder Elementary, and Plantation Middle School. 2019 o Client: Broward County Public Schools o Client Address: 2301 NW 26th Street, Ft. Lauderdale, FL 33311, Building 9 o Contact Person: Ms. Dulce Conde A.I.A., Project Manager ■ Phone: 305-522-4907 ■ Email: D@sol-Arch.com o Served as Project Civil Engineer of Record. o Total Fees Paid to Firm: Approximately$30,000 per School o Total Cost of the Construction: Approximately $200,000 for Site Improvements for this Scope.Actual Construction Fee was larger due to larger project scope that did not include Civil Engineering. o Design and Permitting to upgrade multiple older school buildings requiring a fire sprinkler system. Coordination with MEP Engineer, Pressure Testing Investigations for Fire Lines, water fire line extensions with correctly sized appurtenances up to the school building. o Broward County, Florida Tropical Memorial Park Track and Field Stadium - Development of an Olympic Certified Track& Multi- Purpose Artificial Turf Sports Field. 2016 o Client: Miami-Dade Parks, Recreation, and Open Spaces o Client Address: 275 NW 2nd Street, 4th Floor, Miami, Florida 33128 o Contact Person: Mr. Jose Gonzalez P.E., Project Manager ■ Phone: 305-755-7833 ■ Email: Jose.Gonzalez5@miamidade.gov o Served as Project Engineer/Engineer of Record/Head Designer. o Total Fees Paid to Firm: Approximately$192,000 o Total Cost of the Construction: $3.8 Million. o Design, Permitting, Construction Administration, Cost Estimating to upgrade the Tropical Park Track and Field Sports Stadium to include a LISATF and IAAF Certified Olympic Track& Field Events Area and an NCAA Certified Artificial Turf Sports Multi-Purpose NCAA and High School Association Certified Field for Football, Soccer and Lacrosse.with additional site improvements including the Master Stormwater Plan for the Stadium. o Miami-Dade County, Florida West(End) Kendall District Regional Park— Design of Infrastructure to serve the Development of Miami-Dade County's next Regional Park. 2018 o Client: Miami-Dade Parks, Recreation, and Open Spaces o Client Address: 275 NW 2nd Street, 4th Floor, Miami, Florida 33128 o Contact Person: Ms. Lydia Sala P.E., Project Manager ■ Phone: 305-984-9023 ■ Email: LSalas@Miami-airport.com Page 2 of 3 6/19/2019 Page 522 of 1055 THE BETAJONES GROUP,INC. o Served as Project Manager/Engineer of Record/Head Designer. o Total Fees Paid to Firm: Approximately$148,000 o Total Cost of the Construction: Estimated $2.5 Million for Site Infrastructure Under this Scope. o Design and Permitting to design the complete site infrastructure of a 155-Acre Regional Park, including the Master Stormwater Plan to serve the entire park buildings, sport fields, running tracks and all other facilities which included a 22 Acre Lake specially designed and coordinated with the State, County and FAA since the site is designed adjacent to Kendall-Tamiami Executive Airport. o Miami-Dade County, Florida Live Like Bella Park Community Center— Design of a 6,000 SF Community Building with Memorial Site o Client: Miami-Dade Parks, Recreation, and Open Spaces 2019 o Client Address: 275 NW 2nd Street, 4th Floor, Miami, Florida 33128 o Contact Person: Mr. Byron Dowell, Project Manager ■ Phone: 305-755-7810 ■ Email: Byron.Dowell@miamidade.gov o Served as Project Civil and Structural Engineer/Engineer of Record. o Total Fees Paid to Firm: Approximately $50,000 o Total Cost of the Construction: $1.2 Million. o Civil and Structural Design and Permitting of an 8.6 Acre MDPROS Park Improvement Project near Homestead. Improvements include the modernization of the Park Clubhouse, covered loggia, 6,000 SF clubhouse/community building, and site infrastructure improvements throughout the park. o Silver LEED Certification o Miami-Dade County, Florida North Glade Park— Design of a 5,000 SF Community Building with lighted walkways and Basketball Court. 2019 o Client: Miami-Dade Parks, Recreation, and Open Spaces o Client Address: 275 NW 2nd Street, 4th Floor, Miami, Florida 33128 o Contact Person: Mr. Byron Dowell, Project Manager ■ Phone: 305-755-7810 ■ Email: Byron.Dowell@miamidade.gov o Served as Project Civil and Structural Engineer/Engineer of Record. o Total Fees Paid to Firm: Approximately $50,000 o Total Cost of the Construction: $1.2 Million. o Civil and Structural Design and Permitting of a 4 Acre MDPROS Park Improvement Project in Carol City. Improvements include the modernization of the Park Clubhouse, design of the park basketball courts, parking, drainage, and other infrastructure improvements throughout the park. o Silver LEED Certification o Miami-Dade County, Florida Miami-Dade County Youth-Fair and Exposition -Sanitary Sewer Evaluation. 2015 o Client: Miami-Dade Parks, Recreation, and Open Spaces o Client Address: 10901 Coral Way, Miami, Florida 33165 o Contact Person: Mr. Julio Ramos, Project Manager ■ Phone: 305-773-4189 ■ Email:jramos@commodoremgt.com o Reference Project Description: Served as Project Engineer. o Total Fees Paid to Firm: Approximately $50,000 o Total Cost of the Construction: $250,000 o Study, detailed analysis, and rehabilitation of the existing fairground's 40-year old sanitary sewer system including over 5-Miles of pipe, pump station, sewer laterals, mains, manholes, and cleanouts. o Miami-Dade County, Florida Page 3 of 3 6/19/2019 Page 523 of 1055 PROPOSER ACKNOWLEDGEMENT Submit RFQ's To: PROCUREMENT SERVICES CITY OF BOYNTON BEACH 3301 Quantum Boulevard, Suite 1011 Boynton Beach, FL 33426 Boynton Beach, Florida 33425-0310 Telephone: (561)742-6322 RFQ Title: "SE IST STREET SIDEWALK IMPROVEMENTS DESIGN CONSULTING SERVICES" RFQ Number: 036-2113-19/MFD RFQ Due On: June 20, 2019, at 3:00 P.M.(LOCAL TIME) RFQ's will be publicly opened and recorded for acknowledgement of receipt in Procurement Services, unless specified otherwise,on: June 202019 at 3.00 P.M.(LOCAL TIME)and may not be withdrawn within ninety(90)days after such date and time. Name of Vendor: The BetaJones Group, Inc Federal I.D. Number: 0-8447695' A Corporation of the State of: Florida 786 284-8828 Area Code. Telephone Number: Area Code: 866 FAX Number: 812`873+ Mailing Address: 801 Brickell Avenue Suite 900 CITY/State/Zip: Miami, FL. 33131 Email Address: Luis@betajones.com Authoriz d Signature Luis Betalleluz Name Typed THIS PAGE MUST BE SUBMITTED ALONG WITH RESPONSE IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 22 Page 524 of 1055 0 PROPOSER'S QUALIFICATION STATEMENT The undersigned certifies under oath the truth and correctness of all statements and of all answers to questions made hereinafter: SUBMITTED TO: City of Boynton Beach Procurement Services 3301 Quantum Boulevard, Suite 101 Boynton Beach, Florida 33426 Check One Submitted By: Corporation X Name: The BetaJones Group, Inc Partnership Address: 801 Brickell Avenue Suite 900 Individual CITY, State, Zip: Miami, FL 33131 ______Dther Telephone No.: (786) 284-8828 Fax No.: (866) 312�8730 1. State the true, exact, correct and complete name of the partnership,corporation,trade or fictitious name under which you do business and the address of the place of business. The correct name of the Proposer is: The BetaJones Group, Inc The address of the principal place of business is: 801 Brickell Avenue Suite 900 Miami, FL 33131 2. If Proposer is a corporation, answer the following: a. Date of Incorporation: 08/21/2006 b. State of Incorporation: Florida C. President's name: Luis A. Betalleluz d. Vice President's name. Luis A. Betalleluz e. Secretary's name: Luis A. Betalleluz f. Treasurer's name: Luis A, Betalleluz 9. Name and address of Resident Agent: Luis A. Betalleluz Jr 801 Brickell Avenue Suite 900 Miami, FL 33131 23 Page 525 of 1055 10. List the pertinent experience of the key individuals of your organization(continue on insert sheet, if necessary) See Mr.Luis A.Betalleluz Resume on Section 3.And Key Personnel Experience in Section 2. 11. State the name of the individual who will have personal supervision of the work: Luis A. Betalleluz 12. State the name and address of attorney, if any, for the business of the Proposer: N/A 13. State the names and addresses of all businesses and/or individuals who own an interest of more than five percent (5%) of the Proposer's business and indicate the percentage owned of each such business and/or individual: N/A 14. State the names,addresses,and the type of business of all firms that are partially or wholly owned by Proposer: N/A 15. State the name of Surety Company which will be providing the bond (if applicable), and name and address of agent: N/A 27 Page 52 IF of 1 EO) 5 16. Annual Average Revenue of the Proposer for the last three years as follows: Revenue Index Number a. Government Related Work 2 b. Non-Governmental Related Work 2 Total Work(a +b): 4 Revenue Index Number 1. Less than $100,000 2. $100,000 to less than $250,000 3. $250,000 to less than $500,000 4. $500,000 to less than $1 million 5. $1 million to less than $2 million 6. $2 million to less than $5 million 7. $5 million to less than $10 million 8. $10 million to less than $25 million 9. $25 million to less than $50 million 10. $50 million or greater 17. Bank References: Bank Address Telephone Bank of America 18305 Biscayne Blvd Aventura, FL 33160 (305) 792-4552 18. Provide description of policies and methods for project monitoring and budgeting control as well as adherence to project schedule(continue on insert sheet, if necessary). The BetaJones Group practices quality control throughout the project,where,in addition to the Design Engineer,1-2 other professionals review the plans prior to printing. Additionally,we schedule all deadlines 1 week prior to the actual deadline or at least 2 days before to deliver plans well before they are due. The BetaJones Group has a timesheet method for every project where all billable time is monitor for project and future bidding purposes. Most contracts are under Lump Sum and fall within The Firm's allotted time based on professional experience. Any additional time spent that is based on internal and not external factors are written off. 19. Provide descriptions of quality assurance/quality control management methods(continue on insert sheet, if necessary): The BetaJones Group practices quality control throughout the project,where,in addition to the Design Engineer,1-2 other professionals review the plans prior to printing. Additionally,we schedule all deadlines 1 week prior to the actual deadline or at least 2 days before to deliver plans well before they are due. The BataJones Group has a timesheet method for every project where all billable time Is,nonimr for project and future bidding purposes.ftlost contracts are under Lump Sun,and fall within The Firm's allotted time based on professional experience. Any additional time spent that is based on internal and not external factors are written off. 28 Page 528 of 5 20� Is the financial statement submitted with your proposal (if applicable) for the identical organization named on page one? YES FX__] NO 21. If not, explain the relationship and financial responsibility of the organization whose financial statement is provided (e.g,, parent-subsidiary). N/A 22. What will be your turnaround time for written responses to City inquires? Between 1-6 business days depending on research and design work required 23� List and describe all bankruptcy petitions (voluntary or involuntary) which have been filed by or against the Proposer, its parent or subsidiaries or predecessor organizations during the past five (5) years. Include in the description,the disposition of each such petition.N/A 24. List all claims, arbitrations, administrative hearings and lawsuits brought by or against the Proposer or its predecessor organization(s) during the last five (5) years. The list shall include ail case names, case arbitration or hearing identification numbers, the name of the project which the dispute arose, and a description of the subject matter of the dispute, N/A 25. List and describe all criminal proceedings or hearings concerning business related offenses to which the Proposer, its principals or officers or predecessors'organization(s)were defendants. N/A 29 Page 529 of 1055 26� Has the Proposer, its principals, officers or predecessors'organ ization(s)been convicted of a Public Entity Crime, debarred or suspended from bidding by any government during the last five (5)years? If so, provide details.No The Proposer acknowledges and understands that the information contained in response to this Qualification Statement shall be relied upon by owner in awarding the contract and such information is warranted by Proposer to be true. The discovery of any omission or misstatement that materially affects the Proposer's qualifications to perform under the contract shall cause the owner to reject the proposal, and if after the award, to cancel ano-t- contract. e�n i te t aw and/or (Signed) (Title) Prind al Subscribed and sworn to before me This 1 7th--iday of June 2019 A�,RY 4 1 Michelle C.Lopez NOTARY PUBLIC L 'U0 S STATE OF FLORIDA k. Comn*GG291871 Notary P b1h nature) E S Expires 1/16/2023 My Commission Expires: 01/15/2023 THIS PAGE MUST BE SUBMITTED ALONG WITH RESPONSE IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 30 Page 530 of 1055 A D D E N D A CITY OF BOYNTON BEACH FLORIDA RFQ No. 035-2413-19/MFD - "SE 1 3 STREET SIDEWALK IMPROVEMENTS DESIGN CONSULTING SERVICES" PROPOSER: The BetaJones Group, Inc DATE SUBMITTED: June 20th, 2019 We propose and agree, if this submittal is accepted, to contract with the City of Boynton Beach, in the Contract Form, to furnish all material, equipment, machinery, tools, apparatus, means of transportation, construction, coordination, labor and services necessary to complete/provide the work specified by the Contract documents. Having studied the documents prepared by: CITY OF BOYNTON BEACH ADDENDUM NO. DATE ADDENDUM Na. DATE May 20th,2019 El NO ADDENDUM WAS RECEIVED IN CONNECTION WITH THIS BID THIS PAGE MUST BE SUBMITTED ALONG WITH RESPONSE IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 31 Page 531 of 1055 The City of Boynton Beach 0 FinancelProcuremew Services P. 0. Box 310 Boynton Beach,Florida 33425-0310 Telephone: (561) 742-6370 FAX: (561) 742-6316 a ACKNOWLEDGEMENT OF ADDENDUM No. I SE IST STREET SIDEWALK IMPROVEMENT DESIGN CONSULTING SERVICES BID NO.:035-2413-19/MFD 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. Luis A. Betalleluz PRINT NAME OF REPRESENTATIVE SIGNAT E 0: EPRESENTATIVE The eta es Group, Inc 05/2 /2019 NAME OF COMPANY DATE 2 Page 532 of 1055 ANTI-KICKBACK AFFIDAVIT STATE.OF FLORIDA ) SS COUNTY OF PALM BEACH I, the undersigned hereby duly sworn,depose and say that no portion of the sum herein submitted will be paid to any employees of the City of Boynton Beach as a commission,kickback,reward of gift,directly indirectly by me or any member of my integrator or by an officer of the corporation. By: Luis A. Betalleluz )/111 - NAME-SIG A E Sworn and subscribed before me this 17th day of June 20 19 Printed Information Luis A. Betalleluz NAME Principal TITLE NOTARY PUBL C, e f Florida at Large The etaJones Group, Inc COMPANY �kRV Michelle C.Lopez NOTARY PUBLIC —STATE OF FLORIDA Comms!GG291871 Expires 1115/2023 "OFFICIAL NOTARY SEAL"STAMP THIS PAGE MUST BE SUBMITTED ALONG WITH RESPONSE IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 32 Page 533 of 1055 NON-COLLUSION AFFIDAVIT OF RESPONDENT State of Florida ) County of Palm Beach a LUIS A. Betalleluz being first duly sworn, deposes and says that: Principal The BetaJones Group, Inc 1) He is of �' the proposer that (Title) (Mame of Corporation or Integrator) has submitted the attached RFQ: 2) He is fully informed respecting the preparation and contents of the attached submittal and of all pertinent circumstances respecting such submittal; 3) Said RFQ is genuine and is not a collusive or sham RFQ; 4) Further, the said proposer nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly with any other proposer, integrator or person to submit a collusive or sham RFQ in connection with the Contract for which the attached RFQ has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communications or conference with any other proposer, integrator or person to fix the price or prices in the attached RFQ or of any other proposer, or to fix any overhead, profit or cost element of the RFQ price or the RFQ price of any other proposer, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the City of Boynton Beach or any person interested in the proposed Contract; and 5) The price or prices quoted in the attached bid are fair and proper and ar ®t r by any collusion, conspiracy, connivance or unlawful agreement on the part of o or ny of its agents, representatives, owners, employees, or parties in interest, incl Ing i (Signed) (Title) P Y cl l Subscribed and sworn to before me This 17th day of June —. 20 1 Q 4hRY,p Michelle C.Lopez NOTARY PUBLIC ®- STATE OF FLORIDA Notary Public Sign e) W Comm#GG291871 (1111512023 Expires 1/15/2023 My Commission Expires: THIS PAGE MUST BE SUBMITTED ALONG WITH RESPONSE IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 33 Page 534 ot 1055 0 i 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 to make it an official part of with your RFQ responses. 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 X If YES, Name the Organization from which this certification was obtained and date: Issuing Organization for Certification Date of Certification THIS PAGE MUST BE SUBMITTED ALONG WITH RESPONSE IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 34 Page 535 of 1055 CERTIFICATION PURSUANT TO FLORIDA STATUTE § 287.135 Luis A Betalleluz/Principal The BetaJones Group, Inc I, , on behalf of certify Print Name and Title Company Name that The BetaJones Group, Inc does not:. Company Name 1. Participate in a boycott of Israel; and 2. Is not on the Scrutinized Companies that Boycott Israel List; and 3. Is not on the Scrutinized Companies with Activities in Sudan List; and 4. Is not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List;. and 5. Has not engaged in business operations in Syria. Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to the Contractor of the City's determination concerning the false certification. The Contractor shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If the Contractor does not demonstrate that the City's determination of false certification was made in error then the City shall have the right to terminate the contract and seek civil remedies pursuant to Florida Statute§287.135. Section 287.135, Florida Statutes, prohibits the City from: 1) Contracting with companies for goods or services in any amount if at the time of bidding on, submitting a proposal for, or entering into or renewing a contract if the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, F.S. or is engaged in a boycott of Israel; and 2) Contracting with companies, for goods or services over$1,000,000.00 that are on either the Scrutinized Companies with activities in the Iran Petroleum Energy Sector list, created pursuant to s. 215.473, or are engaged in business operations in Syria. As the person authorized to sign on behalf of the Contractor, I hereby certify that the company identified above in the section entitled "Contractor Name" does not participate in any boycott of Israel, is not listed on the Scrutinized Companies that Boycott Israel List, is not listed on either the Scrutinized Companies with activities in the Iran Petroleum Energy Sector List, and is not engaged in business operations in Syria. I understand that pursuant to section 287.135, Florida Statutes, the submission of a false certification may subject the company to civil penalties, attorney's fees, and/or co ts. I further understand that any contract with the City for goods or services may be terminated at he ti n of the City if the company is found to have submitted a false certification or has been plac nthe cru#inized Companies with Activities in Sudan list or the Scrutinized Companies with Activities in t Ira Telt Energy Sector List. The BetaJones Group, Inc COMPANY NAME Sl Luis A. Betalleluz Pr4l I PRINT NAME TITLE 35 Page 536 ot 1055 CONFIRMATION OF DRUG-FREE WORKPLACE IDENTICAL TIE SUBMITTALS Preference shall be given to businesses with drug-free workplace programs. Whenever two or more submittals which are equal with respect to price, quality, and service are received by the City of Boynton Beach or by any political subdivision for the procurement of commodities or contractual services, a submittal received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie submittals will be followed if none of the tied vendors have a drug- free workplace program. In order to have a drug-free workplace program, a business shall: 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. 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. Give each employee engaged in providing the commodities or contractual services that are under submittal a copy of the statement specified in subsection(1). In the statement specified in subsection (1), notify the employee that, as a condition of working on the commodities or contractual services that are under submittal, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or- plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than 5 days after such conviction. 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. Make a good faith effort to continue to maintain a drug-free workplace through implemen tion of this section. As the person authorized to sign the statement, I cer f t t i integrator complies fully with the above requirements. Vendor's Signature: V THIS PAGE MUST BE SUBMITTED ALONG WITH RESPONS ORDER FO ACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE fi36 Page 537 of 1055 0 N ay .(D 0 .2 o W0 cu —1 0 1A 0 m of a 0 E ui 0 (D - 0 W- 0 1= ('6 IL m m C T7 0 Ir- w 0 C) CN w CL ua V C) " U) 0 0 L) CD 0 0 < -2 ❑ LU E DO M CO LU LU 0 L) a (D 0') ax 0 > CL a 0 0 LU C I- co (D z (0 [,- V- ca LLJ w co "t 0 cn (.0 s CD IJI z 0 JCL 0 .2 U) cs CL a) 0 a) a)m cm 1 0 _ 0 71 U- to 0 .0 0 w Ct) C6 F 0 LU CD E cy D (D z (D 0 C% LL .02 -1-- U) 0) 0 z 0 LL mO 0 0 E2 r- uj > a) 0 0 z CL-V 0 0 3: Lu 0 -2 CU 0 0 0 %- 0.2 >, L) Z�=— (D 0 :3 0 0) in - 2 a i! 0 U) " =� IC * c :3 (D 0 Uy 0 cr L-- a) Ucu Z U) (D 0 cu (D r- - •a CD 0 U) = M 0 0 C: 0 7P 0 cll E LL 0 p cl L. (D (D LU 0 m m aa -0 ar CO I U) d) C13 0- ca 0 U) c .= 4 0- a) (D 0 U) 0 0 ul o - - W0 (D CO a) N 4) CL '2 -0 r 0 a 3: 1; z 0 0 (1) D F5 .2 10 0 CL W 2? c E I N to 0 -0 M T Og I o L (1) 4) 3 > i� 2 - E20 2 -0 E To o03 CD CL >1 E U) U) m < 0 z 0 (D AL E �5 (1) M U) (1) m .9-- -CM 3: ,E >' U) CL U) P: 0 FA w Page 538 of 1055 _PALM BEACHCOUNTY IN51PECTOR GENERAL ACKNOWLEDGMENT REQ NQ.: 03 - 3- 1 FD "SE 1 STREET SIDEWALK IMPROVEMENTS DESIG CONSULTING S VICES'r The Consultant is aware that the Inspector General of Pala Beach County has the authority to investigate and audit matters relating to the negotiation and performance of this Contract, and in furtherance thereof may demand and obtain records and testimony from the Consultant and its subcontractors and lower tier subcontractors. The Consultant understands and agrees that in addition to all other remedies and consequences provided by law„ the failure of the Consultant 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. The BetaJenes G41nc FIRM NAME By Luis eta Title: Principal Date: June 17th, 2019 THIS PAGE MUST BE SUBMITTED ALONG WITH RESPONSE IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 34 Page b39 ot I U55 CITY OF BUY Tall EACH LOCAL BUSINESS STATUS CERTIFICATION Luis A. Betalleluz the Principal of (Name of officer of company) (Title of officer of company) The BetaJones Group, Inc located at 801 Brickell Avenue Suiye 900 Miami,FL 33131 (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 I and Question 2 below will qualify the business as a local business. In support of this request, I certify the following to be true and correct: NAME OF BUSINESS:The BetaJones Group, Inc Is the business located within the City limits of Boynton VES NO Number of Years.- Beach, Florida? 12 Does the business have a business tax receipt issued in (YES) NO Business License the current year? Number: 33930 Is the business registered with the Florida Division of (YES) NO Corporations? I understand that misrepresentation of any facts in connection with this quest may be cause for removal from the certified local business list, I also agree that the business is uired to notify the City in writing should it cease to qualify as a local business. Print Name: Luis A. Betalleluz Signature: ***FOR PURCHASING Y NL Business License Year Established: E] Active: Verified by: Date: 40 Page 540 of 1055 State of Florida Department of State I certify from the records of this office that THE BETAJONES GROUP, INC. is a corporation organized under the laws of the State of Florida, filed on August 21, 2006, effective August 21, 2006. The document number of this corporation is P06000108437. I further certify that said corporation has paid all fees due this office through December 31, 2019, that its most recent annual report/uniform business report was filed on February 8, 2019, and that its status is active. I further certify that said corporation has not filed Articles of Dissolution. Given under my hand and the Great Seal of the State of Florida at Tallahassee, the Capital, this the Eighth day of February, 2019 Secretary f State Tracking Number: 6376942628CC To authenticate this certificate,visit the following site,enter this number,and then follow the instructions displayed. https://services.sunbiz.org/Filings/CertificateOfStatus/CertificateAuthentication Page b4l of 1055 ............. LLQ LLJLLJ 0z cl. z cc ,<z< °°LD LLJ 9 LL LU 0 V) LU U-) 4-1 0 Lu (U V) i 0 4-1 LLI 0 LU Cl*4 Z%0",11 E e"It IN, V) C-4 00 0 CV) C-4 U 4J W4-1 J, 15y��A , i i 7 1 1 2 " , C4IC �ph Ifi, D� I-— "I'll, 'I'l' l 11, jM LL LL LIJ 4-1 Pie, L.L u 0 LL 0 UJ V) "ub 0 or >- % VMR to 0 qv�It 4J(!.......... jpm jr "M 0 fjll J LL ,tp ,41 0 lit ol; EL EE Ill" , k5, Ln sok Lu LU {yu LU .....-I..n. Z r V) pp C5 0 ry Z > 0 LU (D LU V� 0 4 >- V) Ln (1) V) ............. LLQ LLJLLJ 0z cl. z cc ,<z< °°LD LLJ 9 LL LU tj c LU 0 Z Z) rN 01 LLI C1*4 a) LU 0 u C1*4 C IN 14 C6 04 Lu Y, A0, IJ ILL Ljj LL 'p �,mrii LL LL A (U (U 0 Q uj V) A) LLI %000 ca Y( L�A, o[I X15 �,-- I,,,��, & LL kPOK11% 4AIN"tl, ziA "" 1" "1"4 1, 'Nil UJ O LU LL 0pp 0 � ry > 0 (D LU .LA 4- 0 Please note that this Business Tax Receipt expires on September 30th of the effective year listed herein. Ensuring renewal by October 1st is the responsibility of the business entity. For further information you may call: (305) 416-1570 or (305) 416- 1918. Favor de tomar nota que este Recibo de Impuesto para Negocio se vence el 30 de Septiernbre de afic, indicado. Asegurar Ia renovacion para el fro de Octubre es Ia responsabilidad del negocio. Para m6s informacion puede Ilamar al: (305) 416-1570 o (305) 416-1918. Souple pran l ke Resi Enpo you Biznis-sa ap exspIre 30 Septan-m ane sa men-m nan lis Ia. Se responsablite dirijan Biznis sa you Ii renouvie-I we ie Oiktob kap vini. Si ou bezwen plis enf6masiyon sou zaf& sa , pa bliye rete nan (305) 416-1570 ora bye_ (305) 416-1918. POST THIS DOCUMENT IN A CONSPICUOUS PLACE 'ffiaM, NOT TRANSFERRABLE OR VALID AT ANOTHER ADDRESS THIS IS NOT A BILL UNLESS APPROVED, BY THE FINANCE DEPARTMENT, -1- CITY OF MIAMI 444 S.W.2 AVE 6TH FLOOR, MIAMI, FL 33130, 0 NOPAY PHONE(305)416-1918. Effective Year Oct. 1 2018 Thru Sep. 30 2019 RECEIPT FOR THE BETAJONES GROUP INC This issuance of a business tax receipt does not permit the holder to violate any zoning laws of the City nor does it exempt the holder from any license ISSUED Oct 01, 2018 TOTAL FEE PAID 116-00 or permits that may be required by law. This clorurnent does net constitute a certification that the holder is qualified to engage in the business,profession or occupation specified herein. The document indicates payment of the business tax receipt only. ACCOUNT NUMBER 71642 RECEIPT NUMBER 33930 NAME OF BUSINESS THE BETAJONES GROUP INC DBA THE BETAJONES GROUP INC LOCATION 801 BRICK LL AV 900 IS HEREBY IN COMPLIANCE 019 TO ENGAGE IN OR MANAGE THE OPERATION OF; PROF ASSN/FIRM/CO./PTNERSHPS/CORP rico T.-Paschal Finance Director JJ1 Page 544 of 1055 �(r I. r Please note that this Business Tai Receipt expires on September 30th of the z effective year listed herein. Ensuring renewal by October 1st is the responsibility o I, the business entity. For further information you may call: (305) 1 -1570 or (30 5) 416- 11 . Favor de tomar nota que este Recibo de Impuesto para Negocio se vence el 30 de eptie bre de ant inicado. Asegurar la renovacion para el 1 ro de Oictubre es la responsabilidad del ne ociv. Para mis infor acion puede lla ar al: (305) 416-157 o (305) 416-1918. duple pran nct ke Resi Enpo you iznis-sa ap exspire 30Septan- ane sa en-rn nan lis la. Se res ansa lite dirijan Biznis sa pou Ii renouvie-I Pwemie Oktob kap vini. Si ou bezwen Alis enfcmasiyon sou zafe sa , pa bliye rete nan (3 5) 416-1570 ou byen ( 5) 416-1918. POST THIS DOCUMENT IN A CONSPICUOUS PLACE THIS IS°* - NOT TRANSFERRABLE OR VALID AT ANOTHER ADDRESS UNLESS APPROVED BY THE FINANCE DEPARTMENT, DO NOT PAY CITY OF MIAMI,444 S.W.2 AVE 6'TH FLOOR, (MIAMI, FL 33130, A PHONE(305)416-1998.' Effective Year 'Oct. 1 2018 "three Sep. 30 2019 RECEIPT FOR LUIS ALBERTALBERTO BETALLELUZJRThis issuance of a bus[noss tax recmpt does not ,permit the holder to wclate any zoning laws of the TOTAL�� PAIDI City nor does it exempt the holder from any license 18SUED G�22,201$ 00 or permits that may be required by law This document does not constitute;a certification that the holder Is qualified to engage in the business,profession oroccupa'dor speblfed herein. The document indicates payment of the business tax receipt only, ACCOUNT NUMBED 71642 RECEIPT NUMBER 33931 NAME OF BUSINESS THE BETAJONES GROUP INC IDSA THETAJO S OUP INC LOCATION 801 IC ELL AV 900 2019 , IS HEREBY IN COMPLIANCE TO ENGAGE IN OR MANAGE THE OPERATION O ENGINEER, PROFESSIONAL, OTHER Erica T. Paschal Finance Director Page 545 of 1055 a W LrI cif 0 00 ° c3 obi C3 U (n N SCS. LLS d o �t CD �+M w v ! } 4 �Q C) O e a w" Q iO c s. L,u m u +2 m W Cs :3 u m 02 m�a�i dvaa u o LLI ca r ci Q z Co • d Z V) i/Y CL N O1 �. CY) C� ` LLU C14 E' +,o 7D C) mCj '=ate w E p u c �a c m c=o- E E F = .W�0 O C) z U m a Q r Nom r a CO = GL W Z-- 0 w ~ a QZD m °'sG (O LLJ ma LU � im & <v Z m m 00 c'a rLU 0 0 a NCYI 0 w, «} �r to 0 a rq «' cry cn C E W m V I 06 � a � -00 � ,U cD LJD � = � _P -a amvgV W 'O n 4pk, 4f fl u W 7 y Emmi �- r H5 0 E G M N N m 5cw 'u a (tl Q N O co -.2YE E LL CWC cc(D m LU a m'm E .� . am d c F � CL C-4 Q ccTO (I) C? <t www v as � v_a °=- 2 w Z3 ._ 0 '7 ® C,i5 7 °S W 2 L,4F !2m CC a ..L c -4 -j rte#-- "G °a la- wr'S J 2 €4 c LLJ CJ C M y J L0 C4 Q _ w�, O +� w C7 w [D m m 0@ a¢3 0 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION i BOARD OF LANDSCAPE ARCHITECTURE (859) 487- 1395 2+601 BLAIR STONE ROAD TALLAHASSEE FL 32399-0783 TONNING, WAYNE KYLE 4855 NW 92 TERRACE CORAL SPRINGS EL 33467 Congratulations! With this license you become one of the nearly one million Floridians licensed by the Department of Business and Professional Regulation. Our professionals and businesses range , STATE OF FLORIDA from architects to yacht brokers,from boxers to barbeque C�EPARTI+/IE t F tJSINESS ANCA _. PRCFEI( GUrestaurants,and they keep Florida's economy strong. LATItN Every day we work to improve the way we do business in order LA666674g v 6l t 0,9/21/2017 to serve you better. For information about our services,please log onto www.myfloridalicense.com, There you can find more REGISTEREi A-IN 3 �,�' FIIT T information about our divisions and the regulations that impact TONNING WAY,IYLE you, subscribe to department newsletters and learn more about the Department's initiatives. ``ill""�R x Our mission at the Department is: License Efficiently, Regulate Fairly.We constantly strive to serve you better so that you ran serve your customers. Thank you for doing business in Florida, 'HAs REGISTERED under the.provisiotts ar C,h.481 rs. and congratulations on your new license! Expiration 0tq NOV 30,2019 I i�os�isiatat�ai DETACH MERE RICK SCOTT, GOVERNOR JONATHAN ZACHEM SECRETARY STATE OF FLORIDA DEPARTMENT OF BUSINESS ESS ANL] PROFESSIONAL REGULATION BOARD OF LANDSCAPE ARCHITECTURE . ti. LA6666709 The LANDSCAPE ARCHITECT ,« Named below HAS REGISTERED° Under the provisions of Chapter 481 FS- Expiration date: NOV 34, 2414 -A jrLM �aY TONNI.NG, �J'u',A`Y'NE KXf E ,.:4855,NV1C�2 TERRACE ,� ,�� tic CORAL",SPI r'n V tt � $` aucr�;iv�s .} �@ ;'�m<, x.11 � ,a� (? Cb1$ 548`of 1055" ## ISSUED: 09/2112017 DISPLAY AS REQUIRED BY LAW SEC L170921 0 1 3/512019 Division of Consumer Services-Online Registrations Surveyor and Mapper LS3087 Alberto Lorenzo-Luaces 10700 Sw 66th Ter,Miami, FI 33173-2072 License Status Issue Date Expiration Date -W;tive 211312019 2128/2021 Renew License Maintenance Manage Additionat Licenses License Options: Check Continuing Education Credits STATE OF FLORIDA AG# 4239122 DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION LS3087 011/29/09 080344692 SURVEYOR AND MAPPER LORENZO-LUACES, ALBERTO IS LICENSED under the provisions of Ch.472 Fs. gxpiration date. FEB 28, 2011 L09012900735 https://csapp.800helpfia.com/csrep[SecurelAil/Licenseo,etails.aspx'?IicNum=LS3087 Page 549 of 1 qP5 ............. 70z O4-; Cu E u Lu 0 D u III .T Ll Lnc LLI LU Cu LU LU V) u Z LLJ Ll "S Lu Ir Cu z z ---.4QP 0a) < 0 q�;W44 0 'M,z,"I .......... C-4 Cu CO Cq (U 0 '4 �� i� LL LL EM `u I SE- N, 4-1 LLIr Cu u,"t Wl 0 Lal Tk�"MR, LL Of, Q Wi 31111i�W�'� IR ' ,, I.qc op LLI f, 77 till Q , _ ......... LLLL LLJ T LU LU 0 F- 0 z > LLI Z Z m C5 0 ry > LU LLI z 0 LU (D LU F-: F- 0 u u ilia ............. 70O 4.1 o u LU D LLI UI) LU LU 0 I.............. LLI LLIN"I"A r-10, u O Z C,4 k, 00 Cq LU u LL 77 IC4 LL K, LLI � I 7 1N LLI Zv, 4-, 76 LAJ x h1 SeW IM 73 k "A kk, LL UJ "0 t4 m ""l- LU 0 LL Z pp 0 ry Wu > 0 (D LU !E ............. LLQ LLJLLJ 0z cl. z cc ,<z< °°LD LLJ 9 LL LU Lu 0 LU L .......... IONIA, T1111 4�11.4F 4 'F LLI 1) -A� a-,%-,J A A CI*4 Lu CN till C6 t lom CN LLI I=OE illk 4J k ky I%T I'—J� "AkILL oLu 04 Af LL 40, LL 0 $f N, IA AI LL 0 1��IN ill'�'�It"',,, I A LLI :�Ire 44 MOS, Al" LLJ 0 LU ILL 0 ry > 0 (D LU Ln (1) LO LO 0 4- 0 (Y) LO LO a� c� w 8 W - E td} W _ V ro C � Cti tl W j � n d:Lti L {5 d Ch N 441 2 N Ni�pp Ln a aL C $ V 0 0 G h 9 4 = dpi 6 i O C y 76 z f u '> j z v"i '� w so J a i C va ;. h I OR i O c .5;rL u�rSk[Z�«a,,,a A�® CERTIFICATE OF LIABILITY INSURANCE 703/08/2019 (MM/DD/YYYY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Erinn E Collinsworth Collinsworth Ins & Risk Mgmt Services In PHONE FAX P.O. Box 661628 A/C No Ent: (786) 930-4795 A/C No: (786) 930-4794 E-MAIL Miami Springs FL 33266 ADDRESS: erinn@collinsworthinsurance.com INSURER(S)AFFORDING COVERAGE NAIC# INSURERA: Travelers Ind. Co. 25658 INSURED (796) 284-8828 INSURER B: The Phoenix Insurance Company 25623 BetaJones Group Inc., The INSURERC: Hanover Ins Co 22292 801 Brickell Ave., Suite 900 INSURER D: Miami FL 33131 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:cert ID 2662 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 LIMITS LTR INSD WVD POLICY NUMBER MWDD/YYYY MWDD/YYYY A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE IX I OCCUR 660-9K49687A 03/30/2019 03/30/2020 PREM SESOEaoccurrDence $ 1,000,000 MED EXP(Any one person) $ 51000 PERSONAL&ADV INJURY $ 11000,000 GEN'LAGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY❑X PRO- POLICY ❑ LOC PRODUCTS-COMP/OPAGG $ 2,000,000 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ Ea accident 1,000,000 B ANY AUTO BA-9K497318 03/30/2019 03/30/2020 BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE X AUTOS ONLY X AUTOS ONLY Per accident $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVEF—] N/A E.L.EACH ACCIDENT $ OFFICER/MEMBEREXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ C Professional Liability LHJ D878887 00 03/30/2019 03/30/2021 Each Claim $ 1,000,000 Claims-Made Basis Annual Aggregate $ 1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,maybe attached if more space is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. *****SPECIMEN****** *****SPECIMEN****** AUTHORIZED REPRESENTATIVE L ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Page 554 of 1055 Page 1 of 1 9 SE 1ST STREET SIDEWALK IMPROVEMENTS DESIGN CONSULTING SERVICES THIS AGREEMENT is entered into between the CITY of Boynton Beach, hereinafter referred to as "CITY', and Kimley-Horn and Associates, Inc., hereinafter referred to as "CONSULTANT", in consideration of the mutual benefits, terms, and conditions hereinafter specified. WHEREAS, pursuant to Section 287.055, Florida Statutes, the CITY of Boynton Beach solicited proposals for a non-exclusive Contract to perform professional planning services with a qualified firm for required services, and WHEREAS, THE CITY issued a Request for Qualifications for SE 1ST STREET SIDEWALK IMPROVEMENTS DESIGN CONSULTING SERVICES RFQ No. 035-2413- 19/MFD; and WHEREAS, RFQ No. 035-2413-19/MFD defined Scope of Services as Sidewalk Improvement Design Consulting Services; and WHEREAS, the CITY determined that CONSULTANT was qualified for appointment to perform the scope of services set forth in the Request for Qualifications; and WHEREAS, the CITY Commission on September 5, 2019, determined that CONSULTANT was qualified for appointment to perform the scope of services set forth in the Request for Qualifications; and WHEREAS, the CITY Manager, through her administrative staff, has successfully negotiated an Agreement with CONSULTANT defining terms and conditions for the performance of consulting and surveying services within the scope of the Request for Qualifications. NOW, THEREFORE, in consideration of the mutual covenants expressed herein, the parties agree as follows: Page 555 of 1055 ARTICLE 1 - SERVICES CONSULTANT agrees to perform Sidewalk Improvement Design 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 project which may be assigned to CONSULTANT is set forth in Exhibit "A" RFQ # 035-2413-19/MFD for SE 1st Street Sidewalk Improvements Design and Consulting Services and Exhibit "B" Kimley-Horn Submittal for RFQ 035-24130 1st Street Sidewalk Improvements Design Consulting Service, which is made a part of this agreement. The CITY's Representative during the performance of this Contract shall be Gary Dunmyer, City Engineer, telephone (561) 742-6231, Email: DunmyerGp—bbfl.us. Or his deignee. ARTICLE 2 - TERM 2.1 The terms of the grant require the plan to be designed in 2020 and constructed in 2022. 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 Work under this Contract shall commence upon the giving of written notice by the CITY to the CONSULTANT by way of an executed task order. CONSULTANT shall perform all services and provide all work product required pursuant to this Agreement and the specific task order, unless an extension of time is granted in writing by the CITY. ARTICLE 4 - PAYMENT The CONSULTANT shall be paid by the CITY for completed work and for services rendered under this agreement as follows: a. Payment for the work provided by CONSULTANT shall be made for a maximum fee of $253,976.00 as provided on Exhibit "C" — Kimley Horn Negotiated Price Agreement, dated January 8, 2020 attached hereto. Page 556 of 1055 b. The CONSULTANT may submit vouchers to the CITY once per month during the progress of the Work for partial payment for project completed to date. Such vouchers will be checked by the CITY, and upon approval thereof, payment will be made to the CONSULTANT in the amount approved. c. Final payment of any balance due the CONSULTANT of the total contract price earned will be made promptly upon its ascertainment and verification by the CITY after the completion of the Work under this Agreement and its acceptance by the CITY. d. Payment as provided in this section shall be full compensation for work performed, services rendered and for all materials, supplies, equipment and incidentals necessary to complete the work. ARTICLE 5 - OWNERSHIP AND USE OF DOCUMENTS All documents, drawings, specifications and other materials produced by the CONSULTANT in connection with the services rendered under this agreement shall be the property of the CITY whether the project for which they are made is executed or not. The 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 Agreement, without the written consent of CONSULTANT, shall be at the CITY's sole risk. ARTICLE 6 - FUNDING This Agreement shall remain in full force and effect only as long as the expenditures provided in the Agreement have been appropriated by the CITY in the annual budget for each fiscal year of this Agreement, and is subject to termination based on lack of funding. ARTICLE 7 - WARRANTIES AND REPRESENTATIONS CONSULTANT represents and warrants to the CITY that it is competent to engage in the scope of services contemplated under this Agreement and that it will retain and assign qualified professionals to all assigned projects during the term of this Agreement. CONSULTANT's services shall meet a standard of care for professional surveying and mapping and related services equal to or exceeding the standard of care for surveying professionals practicing under similar conditions. In submitting its response to the RFQ, CONSULTANT has represented to CITY that certain individuals employed by CONSULTANT shall provide services to CITY pursuant to this Agreement. CITY has relied upon such representations. Therefore, CONSULTANT shall not change the designated Project Manager for any project without the advance written approval of the CITY, which consent may be withheld in the sole and absolute discretion of the CITY. Page 557 of 1055 ARTICLE 8 - COMPLIANCE WITH LAWS CONSULTANT shall, in performing the services contemplated by this service Agreement, faithfully observe and comply with all federal, state and local laws, ordinances and regulations that are applicable to the services to be rendered under this Agreement. ARTICLE 9 - INDEMNIFICATION CONSULTANT shall indemnify, defend and hold harmless the CITY, its offices, agents and employees, from and against any and all claims, losses or liability, or any portion thereof, including 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 occasioned by a negligent act, omission or failure of the CONSULTANT. Neither party to this Agreement shall be liable to any third party claiming directly or through the other respective party, for any special, incidental, indirect or consequential damages of any kind, including but not limited to lost profits or use that my result from this Agreement or out of the services or goods furnished hereunder. ARTICLE 10 - INSURANCE 10.1 During the performance of the services under this Contract, CONSULTANT shall maintain the following insurance policies, and provide originals or certified copies of all policies, and shall be written by an insurance company authorized to do business in Florida. 10.1.1 Worker's Compensation Insurance: The CONSULTANT shall procure and maintain for the life of this Contract, Worker's Compensation Insurance covering all employees with limits meeting all applicable state and federal laws. This coverage shall include 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. 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 7, "Indemnification" of this Agreement. This policy shall provide coverage for death, personal injury or property damage that could arise directly or indirectly from the performance of this Agreement. CONSULTANT shall maintain a minimum coverage of $1,000,000 per occurrence and $1,000,000 aggregate for personal injury/ and $17000.000 per Page 558 of 1055 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. 10.1.3 Business Automobile Liability: The CONSULTANT shall procure and maintain, for the life of this Contract, Business Automobile Liability Insurance. The CONSULTANT shall maintain a minimum amount of $1,000,000 combined single limit for bodily injury and property damage liability to protect the CONSULTANT from claims 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 occurrence. 10.2 It shall be the responsibility of the CONSULTANT to ensure that all sub- contractors comply with the same insurance requirements referenced above. 10.3 In the judgment of the CITY, prevailing conditions warrant the provision by the CONSULTANT of additional liability insurance coverage or coverage which is different in kind, the CITY reserves the right to require the provision by CONSULTANT of an amount of coverage different from the amounts or kind previously required and shall afford written notice of such change in requirements thirty (30) days prior to the date on which the requirements shall take effect. Should the CONSULTANT fail or refuse to satisfy the requirement of changed coverage within the thirty (30) days following the 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 for Comprehensive Liability Insurance on a claims-made policy only Page 559 of 1055 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 Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither CONSULTANT nor any employee of CONSULTANT shall be entitled to any benefits accorded CITY employees by virtue of the services provided under this Agreement. The CITY shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to CONSULTANT, or any employee of CONSULTANT. 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 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 Agreement, 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 Agreement. For breach or violation of this warranty, the CITY shall have the right to annul this Agreement without liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. ARTICLE 13 — TRUTH-IN-NEGOTIATION CERTIFICATE 13.1 Execution of this Agreement by the CONSULTANT shall act as the execution of a truth-in-negotiation certificate certifying that the wage rates and costs used to determine the compensation provided for in this Agreement is accurate, complete, and current as of the date of the Agreement and no higher than those charged the CONSULTANT's most favored customer for the same or substantially similar service. 13.2 The said rates and cost shall be adjusted to exclude any significant sums 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 CONSULTANT& The CITY shall Page 560 of 1055 exercise its rights under this "Certificate" within one (1) year following payment. ARTICLE 14 - DISCRIMINATION PROHIBITED The CONSULTANT, with regard to the work performed by it under this Agreement, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. ARTICLE 15 -ASSIGNMENT The CONSULTANT shall not sublet or assign any of the services covered by this Agreement without the express written consent of the CITY. ARTICLE 16 - NON-WAIVER A waiver by either CITY or CONSULTANT of any breach of this Agreement shall not be binding upon the waiving party unless such waiver is in writing. In the event of a written waiver, such a 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 17 — TERMINATION 17.1 Termination for Convenience: This Agreement 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 Agreement or causes it to be terminated, CONSULTANT shall indemnify the CITY against loss pertaining to this termination. 17.2 Termination for Default: In addition to all other remedies available to the CITY, this Agreement shall be subject to cancellation by the CITY for cause, should the CONSULTANT neglect or fail to perform or observe any of the terms, provisions, conditions, or requirements herein contained, if such neglect or failure continue for a period of thirty (30) days after receipt by CONSULTANT of written notice of such neglect or failure. Page 561 of 1055 ARTICLE 18 - DISPUTES Any dispute arising out of the terms or conditions of this Agreement shall be adjudicated within the courts of Florida. Further, this Agreement shall be construed under Florida Law. ARTICLE 19 — UNCONTROLLABLE FORCES 19.1 Neither the CITY nor CONSULTANT shall be considered to be in default of this Agreement if delays in or failure of performance shall be due to Uncontrollable Forces, the effect of which, by the exercise of reasonable diligence, the non-performing party could not avoid. The term "Uncontrollable Forces" shall mean any event which results in the prevention or delay of performance by a party of its obligations under this Agreement 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 governmental actions. 19.2 Neither party shall, however, be excused from performance if non- performance is due to forces which are preventable, removable, or remediable, and which the non-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 Agreement. ARTICLE 20 - NOTICES Notices to the CITY of Boynton Beach shall be sent to the following address: CITY of Boynton Beach Attn: Lori LaVerriere, City Mgr. P.O. Box 310 Boynton Beach, FL 33425-0310 Notices to CONSULTANT shall be sent to the following address: Kimle -Horn and Associates, Inc. 1920 Wekiva Way, Suite 200 West Palm Beach, FL 33411-2410 Telephone No.: 561.845.0665 Page 562 of 1055 ARTICLE 21 - INTEGRATED AGREEMENT This Agreement, together with the RFQ/RFP and any addenda and/or attachments, represents the entire and integrated agreement between the CITY and the CONSULTANT and supersedes all prior negotiations, representations, or agreements written or oral. This Agreement may be amended only by written instrument signed by both CITY and CONSULTANT. ARTICLE 22 - SOVEREIGN IMMUNITY 22.1 CITY is a political subdivision of the State of Florida and enjoys sovereign immunity. Nothing in the Agreement is intended, nor shall be construed or interpreted, to waive or modify the immunities and limitations on liability provided for in Section 768.28, Florida Statute, as may be emended from time to time, or any successor statute thereof. To the contrary, all terms and provisions contained in the Agreement, or any disagreement or dispute concerning it, shall be construed or resolved so as to insure CITY of the limitation from liability provided to any successor statute thereof. To the contrary, all terms and provision contained in the Agreement, or any disagreement or dispute concerning 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. 22.2 In connection with any litigation or other proceeding arising out of the Agreement, the prevailing party shall be entitled to recover its own costs and attorney fees through and including any appeals and any post judgment proceedings. CITY's liability for costs and attorney's fees, however, shall not alter or waive CITY's entitlement to sovereign immunity, or extend CITY's liability beyond the limits established in Section 768.28, Florida Statutes, as amended. 1. Claims, disputes or other matters in question between the parties to this Agreement arising out of or relating to this Agreement shall be in a court of law. The CITY does not consent to mediation or arbitration for any matter connected to this Agreement. 2. The parties agree that any action arising out of this Agreement shall take place in Palm Beach County, Florida. ARTICLE 23 — 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: 23.1 Keep and maintain public records required by the CITY to perform the Page 563 of 1055 service; 23.2 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; 23.3 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 provide copies of such confidential and exempt records remaining in its possession once the Contractor transfers the records in its possession to the City; and, 23.4 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. 23.5 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 100 E. OCEAN AVE. BOYNTON BEACH, FLORIDA, 33435 561-742-6061 GIBSONC@BBFL.US ARTICLE 24. 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 Page 564 of 1055 ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If Contractor does not demonstrate that the City's determination of false certification was made in error then the City shall have the right to terminate the contract and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time. Solicitation responses of $1 million or more must include the attached Scrutinized Companies form to certify that the Proposer is not on either of those lists. IN WITNESS WHEREOF, the parties hereto have executed this Contract in multiple copies, each of which shall be considered an original on the following dates: DATED this day of , 20 CITY OF BOYNTON BEACH KIMLEY-HORN & ASSOCIATES INC. CITY Manager CONSULTANT Attest/Authenticated: Title (Corporate Seal) CITY Clerk Approved as to Form: Attest/Authenticated: Office of the CITY Attorney Secretary Page 565 of 1055 Exhibit "A" RFQ # 035-2413-19/MFD for SE 1st Street Sidewalk Improvements Design and Consulting Services Exhibit " B " Kimley-Horn Submittal for RFQ 035-24130 1st Street Sidewalk Improvements Design Consulting Service Page 567 of 1055 Exhibit " C " Kimley Horn Negotiated Price Agreement, dated January 8, 2020 Page 568 of 1055 a kT k Y TTT y . t e , � � r , 1h, 7i� rr It ll �-,t ,trx • , � c }i�t,Ysrs� 1�1s4y, ¢t � 1 , ar ljjl� dry Oil y r � c� �a E t •t. •® t a01` ti 3 _ � t i ® k � t Table of Contents k4 bde #.d"t9 5 ?,,,sN Letterof Interest,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, 1 Firm's Qualifications,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, 2 Qualifications of Project Team and Availability of Specialty Resources,,,,,,,,,,,,,,,,,,,,,,,3 Current and Projected Workload ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, 4 Demonstrated Knowledge ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, 5 Approach to the Scope of Work ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,6 References — Past Performance ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, 7 General Information and Procurement Farms and Documents ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,8 Ki m I eay,))) H o r n Page 570 of 1055 96 ( ( ( ( k `-= s _ _ t n3-`spy tr•it A' ;-. June 20, 2019 City of Boynton Beach Kimley))) Horn Procurement Services 3301 Quantum Boulevard,Suite 101 Boynton Beach, FL 33426 - 1 -1 / 1st Street SidewalkImprovements i n ultiuServices Dear Members of the Selection Committee: Klrley-Horn is pleased to present our qualifications and approach to serve as the City of Boynton Beach's consultant for the SE 1st Street Sidewalk Improvements Design project.The City has identified the need to partner with an experienced and well-qualified engineering consulting firm to complete the design plan in anticipation of construction to begin in 2022.Given Kimley-Horn's familiarity with this project,adjoining roadway design experience,as well as FDOT design and Local Agency Program(LAP) process experience and established relationships with FDOT LAP staff,we are proud of the progress we have made in an effort to serve the City of Boynton Beach. Agency r inati u.As your consultant,we will serve as an integral partner and trusted advisor to help you through the FDOT LAP process as we have completed several LAP projects in Palm Beach County with the same FDOT District.We have provided such services to the Cities of West Palm Beach, Boynton Beach,Lake Worth, Delray Beach and others. Kimley-Horn has extensive experience developing and administering LAP projects per FDOT/FHWA requirements.We will provide you with early notice of tasks and LAP forms that must be completed by City staff and officials to meet project schedule. Availability ry u. Clear communication is a critical step in the partnering required for a successful project.We intend to promptly return phone calls, attend staff meetings and work sessions on short notice,and be held accountable to quickly meet your requests and follow up on your concerns.We make every effort to turn around even same day notice needs in order to meet client deadlines and have the resources to do so. I, tar an t ufleh,P.E.,will be immediately receptive and accountable to you and will ensure that the City receives the resources necessary for a well-coordinated plan of action.Serving as client services manager, I will strive to deliver not only team excellence, but timely service and practical,money-saving solutions. I make a firm commitment to deliver results consistent with the scope,schedule,and budget,while also helping the City be successful in the eyes of your constituents. City.Experience and Familiarity with the Our local offices and staff have designed hundreds of roadway projects in Palm Beach County and South Florida.Our project team is thoroughly accustomed to working with Boynton Beach, having had the opportunity to serve the City on various projects including roadway and complete streets design, stormwater planning and design, landscape architecture, traffic calming, utility improvements, site parking,traffic signage, permitting,and public involvement.Our recent experience includes providing the City with 30%civil engineering design plans for this very project,as well as nearby connecting Boynton Beach City Town Center, Boynton Beach Boulevard,and similar planning and design improvements to Seacrest Boulevard. Commitment.Team Partnership and Our teaming partner, WGI,will serve as a cohesive working unit to continue the surveying and mapping services they started on this project. In addition, GCME, Inc. will provide the geotechnical services,and Southeastern Archaeological Research, Inc. (SEARCH)will provide cultural resources assessments.The team presented here has the depth and availability to continue working immediately on this contract.You have our personal commitment that we will proactively manage this contract in an efficient manner that minimizes the City's required level of oversight. Kimley-Horn is very proud of the team that we have assembled to assist the City with its mission and are confident in our ability to respond to all requests. Sincerely, . . Eric Reguehro,RE., ENV SP Client Service Manager Assistant Project Manager 4i® 1Uinlltt®Ve;,�.i®iIM itfi�lil • ! !! ! o�,��i �� !o oy�{I�I,�JIIy��IiF��M4�li�y'll TRED30015.19-1st Street Sidewalk Improvements Design Consulting Services.indd Page 571 of 1055 w rx PROPOSER'S QUALIFICATION STATEMENT The undersigned certifies under oath the truth and correctness of all statements and of all answers to questions made hereinafter: SUBMITTED TO: City of Boynton Beach Procurement Services 3301 Quantum Boulevard, Suite 101 Boynton Beach, Florida 33426 Check One Submitted By: Corporation X Kimley-Horn and Associates, Inc. Name: Partnership Address: 1920 Wekiva Way, Suite 200 Individual CITY, State, Zip: West Palm Beach, FL 33411-2410 Other Telephone No.: 561.845.0665 Fax No.: 561.863.8175 1. State the true, exact, correct and complete name of the partnership, corporation,trade or fictitious name under which you do business and the address of the place of business. The correct name of the Proposer is: Kimley-Horn and Associates, Inc. The address of the principal place of business is: 421 Fayetteville Street, Suite 600, Raleigh, NC 27601 2. If Proposer is a corporation, answer the following: a. Date of Incorporation: 1967 b. State of Incorporation: North Carolina C. President's name: Steve Lefton Barry Barber, Steve Blakley, Paul Danielson,William Dvorak Jr.,James Hall, d. Vice President's name: Emmeline Montanye, Brent Mutti, Brooks Peed, Michael Schiller, Bradbury Tribble e. Secretary's name: Richard Cook f. Treasurer's name: David McEntee Marwan Mufleh, P.E. g. Name and address of Resident Agent: 1920 Wekiva Way, Suite 200, West Palm Beach, FL 33411-2410 2 P el 5 3. If Proposer is an individual or a partnership, answer the following: N/A a. Date of organization: b. Name, address and ownership units of all partners: c. State whether general or limited partnership: 4. If Proposer is other than an individual, corporation or partnership, describe the organization and give the name and address of principals: N/A 5. If Proposer is operating under a fictitious name, submit evidence of compliance with the Florida Fictitious Name Statute. N/A 6. How many years has your organization been in business under its present business name? 52 Under what other former names has your organization operated? N/A 7. Indicate registration, license numbers or certificate numbers for the businesses or professions, which are the subject of this Bid. Please attach certificate of competency and/or state registration. See Section 8 8. Did you attend the Pre-Proposal Conference if any such conference was held? YES = NO 9. Have you ever failed to complete any work awarded to you? If so, state when,where and why: No s5:7,81 5 10. List the pertinent experience of the key individuals of your organization(continue on insert sheet, if necessary) See Section 3 11. State the name of the individual who will have personal supervision of the work: Marwan Mufleh, P.E. 12. State the name and address of attorney, if any,for the business of the Proposer: Richard Cook 421 Fayetteville Street, Suite 600 Raleigh, NC 27601 13. State the names and addresses of all businesses and/or individuals who own an interest of more than five percent (5%) of the Proposer's business and indicate the percentage owned of each such business and/or individual: Kimley-Horn is a privately held, employee-owned corporation with ownership shared among 238 employees. Our employee owners are the sole stockholders of the company and are the pro essiona s who directly serve our clients. 1 he operations of the firm are not influenced by non- employee owners whose interests may conflict with client service. Since ownershi is spread 44 rest of the firm, the company is positioned for long-term stability. 14. State the names,addresses,and the type of business of all firms that are partially or wholly owned by Proposer: N/A 15. State the name of Surety Company which will be providing the bond (if applicable), and name and address of agent: N/A a -IF P el 5 16. Annual Average Revenue of the Proposer for the last three years as follows: Revenue Index Number a. Government Related Work 10 b. Non-Governmental Related Work 10 Total Work(a +b): 20 Revenue Index Number 1. Less than $100,000 2. $100,000 to less than$250,000 3. $250,000 to less than$500,000 4. $500,000 to less than$1 million 5. $1 million to less than $2 million 6. $2 million to less than $5 million 7. $5 million to less than $10 million 8. $10 million to less than$25 million 9. $25 million to less than$50 million 10. $50 million or greater 17. Bank References: Bank Address Telephone Wells Fargo 150 Fayetteville Street, Suite 600 919.881.7022 18. Provide description of policies and methods for project monitoring and budgeting control as well as adherence to project schedule(continue on insert sheet, if necessary). See Section 6 19. Provide descriptions of quality assurance/quality control management methods (continue on insert sheet, if necessary): See Section 6 sPage 5:75 5 20. Is the financial statement submitted with your proposal (if applicable) for the identical organization named on page one? YES [T—] NO 21. If not, explain the relationship and financial responsibility of the organization whose financial statement is provided (e.g., parent-subsidiary). N/A 22. What will be your turnaround time for written responses to City inquires? 24 Hours via email responses 23. List and describe all bankruptcy petitions (voluntary or involuntary) which have been filed by or against the Proposer, its parent or subsidiaries or predecessor organizations during the past five (5) years. Include in the description,the disposition of each such petition. None 24. List all claims, arbitrations, administrative hearings and lawsuits brought by or against the Proposer or its predecessor organization(s) during the last five (5) years. The list shall include all case names, case arbitration or hearing identification numbers, the name of the project which the dispute arose, and a description of the subject matter of the dispute. See attached Litigation Report 25. List and describe all criminal proceedings or hearings concerning business related offenses to which the Proposer, its principals or officers or predecessors'organization(s)were defendants. None s5:76a U5 26. Has the Proposer, its principals, officers or predecessors'organization(s)been convicted of a Public Entity Crime, debarred or suspended from bidding by any government during the last five(5)years? If so, provide details. No The Proposer acknowledges and understands that the information contained in response to this Qualification Statement shall be relied upon by owner in awarding the contract and such information is warranted by Proposer to be true. The discovery of any omission or misstatement that materially affects the Proposer's qualifications to perform under the contract shall cause the owner to reject the proposal, and if after the award, to cancel and terminate the award and/or contract. (Signed) Senior Vice President (Title) Subscribed and sworn to before me June This 0 day of 2019 — "2� _Vt ,yn► Notary Public State of Florida C/Notary Public(Signature) Jeanne M.Doucet a My Commission GG 208431 Expires 08/12/2022 My Commission Expires: OS/1 THIS PAGE MUST BE SUBMITTED ALONG WITH RESPONSE IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 5 96 `-= s _ _ t n3-`spy tr•it A' ;-. LITIGATION REPORT Kimley-Horn and its subsidiaries have provided services in all fifty states and numerous countries. Because of the many and varied projects we have completed,we are subject to various legal proceedings from time to time and in the ordinary course of business. It is not practical to provide a complete list as part of this proposal. None of the pending matters, if decided against Kimley-Horn,would have a material impact on our financial statements or impair in any way our ability to serve our clients. Generally,these matters are covered by insurance, and we consider them to be without merit. If you would like to discuss our legal matters in more detail, please contact Kimley-Horn's General Counsel, Richard Cook,at 919.677.2058. Litigation cases filed in Florida in the last five years are as follows: Renee Borak and Fred Borak v. Simon Property Group, Inc., et al: 15th Judicial Circuit Court, Palm Beach County; Case No. 16-CA-1148; filed 2016; personal injury claim; settled; closed 2016. Mark E. Callahan and Marisa Callahan v. Gator Delray, LC, et al: 15th Judicial Circuit Court, Palm Beach County; Case No. 2015CA00230; filed 2015; personal injury claim; Kimley-Horn dismissed; closed 2016. Chalks Airline, Inc. v. Linden Airport Services Corp, et al: United States District Court for the Southern District of Florida; Case No. 1 5-CV-24322-UNGARO/OTAZO-REYES; filed 2015; alleged economic loss; case dismissed; closed 2016. Community Asphalt Corporation v.Wantman Group, Inc., et al: Florida Department of Transportation; 11 th Judicial Circuit Court, Miami-Dade County, FL; Cause No. 2018-029816-CA-01; filed 2018; alleged economic loss; pending Kathleen Conti v.Simon Property Group, Inc., et al: 15th Judicial Circuit Court Palm Beach County; Case No. 502017CA008616XXXXMB Division:AE; filed 2017; personal injury claim; settled; closed 2019. Walter Ford and Grace Ford v. EC Manatee LLC, D/B/A Manatee Island Bar&Grill, et.al.: 19th Judicial Circuit Court, Martin County; Case No. 13 1536CA; filed 2014; personal injury claim; settled; closed 2015. Solange Keogh v.The Home Depot USA Inc et al: United States District Court for the Southern District of Florida; Case No. 13-CV-61492; filed 2014; personal injury claim; Kimley-Horn dismissed; closed 2014. Lunacon Engineering Group, Corp d/b/a Lunacon Construction Group, Corp v. City of Homestead v. Kimley-Horn and Associates, Inc., et al: 11 th Judicial Circuit Court Miami-Dade County, Case No. 2017-000561-CA-01; filed 2017; alleged economic loss; settled; closed 2018. Sema Construction, Inc.v. City of Altamonte Springs; 18th Judicial Circuit Court, Seminole County; Case No. 2015-CA- 002951-15-W; filed 2016; alleged economic loss; pending. Prime Properties International, LLC v. Kimley-Horn and Associates, Inc.: 10th Judicial Circuit Court, Polk County; Case No. 201 7CA-0021 27; filed 2017; alleged economic loss: settled,closed 2017. Stacey Vasquez, a/k/a Stacey Leigh Gimson, as Personal Representative of the Estate of Frank Vasquez, III,v. Matthew J. West, et al: 13th Judicial Circuit Court, Hillsborough County; Case no. 15-CA-006839; filed 2015; traffic accident,wrongful death claim; settled; closed 2017. Joan Weinstein v.Simon Property Group LP and The Town Center at Boca Raton Trust: 15th Judicial Circuit, Palm Beach County; Case No. 502016CA003199XXXXMB AG; filed 2016; personal injury claim; settled; closed 2017. Deontra Williams v. Florida Department of Transportation., et al: 17th Judicial Circuit Court, Broward County; Case No. CACE-13-009427(05); filed 2015; bicycle accident, personal injuries claimed; settled; closed 2017. } TRED30015.19-1st Street Sidewalk Improvements Design Consulting Services.indd $ Pa e 578 of 1055 96 `-= s _ _ t n3-`spy tr•it A' ;-. Section 2 Firm Overview Kimley-Horn is a full-service engineering, planning,and environmental consulting firm specializing in roadway design and multimodal development projects.We have the depth of leadership and technical resources to support you on this project, including more than 700 professionals in Florida. Kimley-Horn provides an integrated spectrum of services designed to best meet your immediate needs,as well as your big picture priorities.We have extensive experience serving municipalities,counties,and governmental agencies. FOOT recognizes Kimley-Horn's expertise in roadway design and LAP process and always welcomes our involvement on behalf of municipalities. No matter the project's size, Kimley-Horn's core values propel us to concentrate on 80+ Offloces Nationwide the exceptional client service we pledge on , every project.We take pride in our staff's responsiveness and willingness to fulfill the high expectations our firm requires and our clients 3500+ r. expect.These core values make Kimley-Horn the Employees most dependable choice for the Cit of Boynton Nationwide Employees in Florida '3 Beach.This project will require attention to detail, LAP coordination experience,ADA expertise, understanding of constructability controls,and f context-sensitive design. Our previous experience working with the City has helped us develop cost- effective solutions that fit within federal funding constraints,and Kimley-Horn understands these constraints because we have successfully delivered similar roadway, sidewalk,and local improvement projects dozens of times in Florida. Our team will build on its past relevant experience to successfully deliver this project on time and within budget. We are proud to have worked on projects in Baynton Beach and throughout South Florida for more than 50 years,and our knowledge and understanding of the area has grown significantly with our decades of service in the community. Professional Kimley-Horn has successfully represented the interests of pedestrians and bicyclists on many planning level studies and design projects throughout Florida.We have provided sidewalk, shared use path, and trail designs throughout the state of Florida. Safe pedestrian crossing of roadways is a key component safe pedestrian mobility and accessibility.We are completing several sidewalk projects on local streets for the City of Delray Beach for Ms. Begona Krane,which include swales and driveways in addition to sidewalks.The City has standard sidewalk and driveway construction detail that are preferred on City streets.We have also prepared plans for miles of sidewalks for local municipalities, counties and FDOT. For example,just three of our firm's projects(Federal Highway,SR 5, and South Shore Blvd) included 40,000 square yards of sidewalk which equates to 13 miles linear feet of 5' sidewalk. When considering the hundreds of projects completed over the recent years it amounts to several miles of sidewalks and hundreds of driveways. Our sidewalk and driveway designs have varied in material and configuration based on the location. For example, the Town of Palm Beach preferred use of decorative tabby concrete sidewalks while Delray Beach CRA preferred brick pavers and concrete. Design of driveway geometry is affected by the elevations of adjacent property relative to the roadway. It is extremely important to identify these parameters early on to avoid the need for easements or to coordinate it with private property owners. Drawing on expertise from around the state,we have recently helped the Miami-Dade County MPO, Cities of Boca Raton, Boynton Beach, Lake Worth and Miami Beach,Town of Miami Lakes,Town of Bay Harbor Islands, City of South Miami,Village of Palmetto Bay, and many others complete their bicycle and pedestrian plans and improvements. Beyond systems planning,we continue to partner with local officials to implement those improvements targeted during the visioning process. Our team of traffic engineers and transportation planners, roadway designers, landscape architects, and environmental scientists work together with agency staff to understand the local issues and prepare feasible design concept plans,typical cross sections, and construction cost estimates to reinforce the presence of bicycles and pedestrians along the travel corridor. In addition, we are experienced in successfully permitting many private sector projects(driveway connection and/or drainage connections). TRED30015.19-1st Street Sidewalk Improvements Design Consulting Services.indd 9 Pa e 579 of 1055 96 MEW quil WE `-= s _ _ t n3-`spy tr•it A' ;-. Roadway 0811 In Our local office's vast roadway design experience has allowed us to complete numerous roadway and streetscape designs under contracts with Palm Beach County, FDOT within Palm Beach County,other local municipalities and/or their Community Redevelopment Agencies including the cities of Delray Beach,West Palm Beach, Lake Worth, Boca Raton, Boynton Beach, Lantana,Wellington, the towns of Jupiter and Palm Beach, as well as Florida Atlantic University. From small intersection improvements to local street rehabilitation to miles of rural and urban road sections,to interstate freeways, Kimley-Horn has partnered successfully with all levels of government to improve their roadways within Palm Beach County and the South Florida area. For example,we designed over hundreds of roadway projects in South Florida in the past 10 years. Our Palm Beach County roadway design clients include: Delray Beach, Boca Raton, Boynton Beach, Lake Worth, Greenacres, Lantana, West Palm Beach,Wellington, Riviera Beach, Royal Palm Beach,Jupiter,Town of Palm Beach, Palm Beach County, FDOT District 4 and others.We also serve similar municipalities in adjacent counties. Bicycle and Pedestrian Facillities Throughout Florida,there has been a noticeable increase in demand for pedestrian and bicycle facilities.Whether opting for a healthier lifestyle or doing their part as environmentally conscious citizens,our communities are taking to bike paths and sidewalks with renewed vigor.Kimley-Horn understands the emphasis that needs to be placed on the safety and longevity of these amenities to keep pace with the demands of nonmotorized transportation alternatives. Locally,we have been involved with multimodal planning and design in many Florida communities and are familiar with all of the intertwined mobility issues related to pedestrians and bicycles. Beyond the systems planning phase, we continue to partner with local officials to implement those improvements targeted during the visioning process. Our team of planners, landscape architects, engineers, and environmental scientists work together with agency staff to understand the local issues and prepare feasible design concept plans,typical cross sections, and construction cost estimates reinforce the presence of bicycles and pedestrians along the travel corridor. Kimley-Horn has developed plans for projects that involve substantial pedestrian elements, using innovative, peer reviewed travel demand modeling that relies on zonal- based population projections to forecast zone-to-zone bicycle trips.This tool, along with extensive use of GIS data and mapping, will aid greatly in the decision-making process. ILAP Projects Kimley-Horn has assisted many clients with obtaining LAP certification and approval. Kimley-Horn has extensive experience administering LAP-qualified projects(more than 40 projects throughout Florida including projects for Delray Beach, Boynton Beach, Lake Worth and West Palm Beach), including checklists and other FDOT/FHWA requirements.We already have a headstart with the LAP process for this project as we have been tasked to produce up to 30% phase design and plans We understand the extent of coordination necessary to successfully deliver these types of assignments and satisfy the associated funding requirements. Kimley- Horn's experience includes numerous LAP projects for cities and counties, such as sidewalk improvements, landscape enhancements, hardscape enhancements, and roadway reconstruction. Permitting The firm's engineers, scientists, and planners maintain regular contact with virtually all key regulatory agencies and their decision makers throughout the state of Florida.This rich network of interpersonal relationships enables us to provide expeditious services relative to agency reviews and approvals. Our staff members make it a habit to stay informed about the latest changes and status of rules affecting the permitting process. Our staff not only understands agency procedures, but also their expectations, enabling us to minimize delays and rework of our clients' submittals. At the inception of a project,once the existing conditions are evaluated,we hold early pre-application meetings to discuss the project's intent and to gain early feedback from the agencies to tailor the project to meet the relevant agencies' criteria. Our first approach is to always seek an exemption or noticed permit for smaller projects. For larger projects,an early meeting with the agency Kimle TRED30015.19-1st Street Sidewalk Improvements Design Consulting Services.indd 10 Pa e 580 of 1055 96 HEW quil WE `-= s _ _ t n3-`spy tr•it A' ;-. will determine the appropriate permit type,while making them part of the design decision, prior to effort being expended. Meetings are then followed up through the use of meeting minutes to ensure clear understanding of all parties involved.The construction documents and permit packages then become the fruition of early coordination efforts which ultimately reduce permitting timeframes and minimize expended effort. Ilii II Desigin Kimley-Horn routinely conducts services related to pedestrian mobility,accessibility, recreational enhancements, multimodal evaluation, streetscape enhancement recommendations,comprehensive planning,and roadway cross-section modification strategies. We understand the crucial aspects of multimodal analysis and public involvement for a successful trail system design. In planning and designing a bicycle and pedestrian project,we give careful consideration to sidewalk widths, streetscaping, crosswalk design elements,accessibility,and relation to transit, lighting, cross-sections,and drainage. Kimley-Horn is experienced with projects that involve planning and programming, policy making, design and final plans, specifications, and project construction cost estimates. Often,these plans have included recommendations for beginning or expanding existing pedestrian and bicycle safety education programs. Our diverse experience in pedestrian and bikeway planning and design includes developing safe routes to schools and other public facilities with the development of wayfinding signing packages. Complete Streets Kimley-Horn makes the most of its vast array of services, knowledge, and �� T � ��b�t experience to better serve our clients with their roadway design projects and, :+{�,<< ; in particular, complete street projects.We know that providing complete street design services involves the integration of all aspects of mobility, including vehicular, bicycle, pedestrian,and transit modes. Our multidisciplinary approach goes well beyond simply providing plans, specifications,and ! estimates, but also includes an appreciation for how the project fits within the ,�i�,i i�, i�1�it r functionality of the mobility network.This understanding allows Kimley-Horn i' , u��tj�� o�,, ��' r',K7 t to provide our clients with reasonable and practical design solutions that � � "�� . ;; `` ` will not detract from the functionality of the roadway network.This includes design guideline assistance, project identification,as well as design. Related i U 4 � to design guidance, Kimley-Horn has recently developed the Palm Beach TPA �� Complete Streets Design Guidelines Miami-Dade County Complete Street`` Design Guidelines,the Broward Complete Street Design Guidelines, and the Polk County Complete Street Handbook. Construction Engineering Inspection II Kimley-Horn has provided CEI services on hundreds of miles of urban and rural roadways for projects ranging from limited-access arterials to collector facilities for counties, cities,and state departments of transportation throughout the U.S. Our full-service consulting includes comprehensive construction administration services with experienced inspection staff in all types of construction. In addition to receiving the benefit of our inspectors' experience,our construction phase personnel can attend pre-construction conferences and regular project meetings, and provide review and approval of pay estimates, and all other activities required to achieve well-coordinated construction of proposed improvements. Our construction phase services include providing a full-time or part-time construction observation representative, evaluating equipment delivered as compared to shop drawings,and coordinating punch list observations and materials testing. Public Involvement A strong partnership with the community is critical to the success of infrastructure improvement projects and other enhancements that the City intends to build.The people who ultimately use the facilities can provide valuable insight into possible design enhancements. Our team brings experience from a wide variety of public and private projects, including roadway planning studies, traffic studies, Kimle TRED30015.19-1st Street Sidewalk Improvements Design Consulting Services.indd Pa e 581 of 1055 96 `-= s _ _ t n3-`spy tr•it A' ;-. and infrastructure improvement projects located throughout the state. Due to the significance of the public involvement process and the fact that building public support is vital to the success of any project,we have assembled a team of our most experienced staff to ensure this process goes smoothly.They have many years of experience developing positive public support for infrastructure improvement projects and will prove to be a significant asset for this contract. We understand that many projects require community involvement and acceptance, and we have developed effective methods of bringing the community into the process. Our team is committed to conducting public participation programs that educate, inform, and build consensus for a particular solution. Because each project is different in terms of the stakeholders and the critical issues involved, we tailor each public involvement program to specifically address the needs of your individual project.We are known for developing innovative approaches to projects that involve public participation. Subconsultants Kimley-Horn's emphasis on dynamic teamwork and quality performance serve as the foundation from which we select our subconsultants for each distinct project effort.We work diligently to pursue firms who are revered and accomplished in their respective fields and demonstrate enthusiasm to be a part of our team.We have a responsibility to provide the best possible customer service to each of our clients and expect the same level of commitment from each of our subconsultants.These team members essentially operate as a seamless addition to our staff, providing superior technical skills with a balanced focus on client needs, goals, and concerns.We are proud to recognize the following firms as commendable partners on this contract. i — Survey and Mapping, WGI is a full-service, multidisciplinary consulting firm founded in 1972 to provide a comprehensive range of infrastructure services. With 18 offices in six states, serving an active client base in over 30 states,WGI is one of the most successful and fastest growing consulting firms in the nation. It is also recognized as one of the nation's top 25"Best Firms to Work For."The firm is comprised of nearly 600 experienced professionals with a strong reputation for innovative and implementable high quality structural engineering, land development/municipal engineering, subsurface utility engineering,traffic and transportation planning and engineering, land planning, landscape architecture, MEP engineering, environmental sciences, geospatial services, architecture, parking planning and design,and creative services.WGI's corporate office is located in West Palm Beach, FL with branch offices across the state in Fort Lauderdale,Jacksonville, Miami, Orlando, Port St. Lucie,Tallahassee,and Tampa. Inc.,— Geotechnical, GCME, Inc. is a full-service State/FDOT certified (SBE/DBE) geotechnical engineering company, established in Florida since 2001. GCME's project experience ranges from parking lots to high-rise buildings, interstate highways and bridges including bascule bridges over ICWW, encompassing industrial facilities, shopping malls, hotels and motels, residence and office buildings, educational and religious facilities,fast food and restaurant facilities, drainage systems, pipelines, recreation facilities, communication towers and various other structures. Southeastern r° e r° , Inc. ,— Cultural Resources ment, SEARCH is the largest archaeology and cultural resources management company in the world,and SEARCH2O is the largest underwater archaeology program.SEARCH specializes in the full spectrum of cultural services related to Archaeology,Maritime Archaeology, Architectural History, History,Archives,Collections Management,Museum Services,GIS,Documentary Media,and Public Affairs.Since 1993,SEARCH has completed more than 3,500 projects across 44 US States and 36 countries,spanning five continents and three oceans.SEARCH's staff of 200 employees work from 23 US and Guam offices to conduct 250 projects per year and deploy 20 or more field teams per week.Commercial and government customers in the Energy&Power,Defense, Federal,Transportation,and Development markets have selected SEARCH for more than$300M in Prime contracts and$2.313 in Team contracts. OffII00 Location As noted in the Proposer's Qualification Statement, Kimley-Horn's West Palm Beach office will serve as the primary office responsible for the management and production of the work related to this project in order to provide a strong local presence and maximize our local staff. Kimle TRED30015.19-1st Street Sidewalk Improvements Design Consulting Services.indd 12 Pa e 582 of 1055 96 BEW quil WE ANNUM Section 3 Qualifications Team The professionals who serve you are responsible for the successful completion of your project.We know the importance of providing personnel and services that will satisfy your requirements and expectations.The Kimley-Horn team will provide the flexibility and commitment necessary to foster a unified working relationship and the requisite qualifications to bring this project to a favorable conclusion. Our most senior staff will and have always been available and responsive.We will agree upfront on goals, communication and the decision-making process, identify activities with potential for risk and present contingencies,conduct meetings and document minutes with action items and follow up,and provide you with progress updates that can be relayed to officials. Marwan u ' 1, RE.— Client Service Manager Marwan has 30+years of highway and streetscape design experience in South Florida. His principal areas of practice include project management, roadway design, streetscape design,drainage design, pavement marking, maintenance of traffic, and construction administration. Marwan has worked extensively on municipal roadway and Complete Streets projects throughout South Florida and has directed numerous projects for Boynton Beach, including Boynton Beach Boulevard and Seacrest Boulevard, as well as several area municipalities and CRAB.Specific projects in the area include Delray Beach's largest roadway and streetscape project, the Federal Highway/US 1 Complete Streets Design and Road Diet. Eric RepIr , RE.,ENV SIP—Assistant Project Manager Eric has more than 14 years of experience in civil engineering for roadway and land development projects. His technical skill set allows him to support a wide range of projects,from local roadway improvements to major interchange, grade separation, and regional transportation projects. Eric's emphasis has been on street improvement design, pavement condition analysis, grading and drainage, stormwater management, and sewer and water system design. Most recently, he has served as project manager on the 30%design plans for the SE 1 st Street Sidewalk Improvements in Boynton Beach. Brandon ern, E.I.— Roadway/Civil Engineering Brandon serves as a member of the firm's roadway design division. He provides support to senior engineers on projects that involve roadway and drainage design. His project experience in Palm Beach County includes the 30% Design Phase for SE 1 st Street, Boynton Beach Boulevard Design from East of 1-95 to US 1, Delray Beach Sidewalk Design Services,SE Neighborhood Street,and Lowson Boulevard. His responsibilities include preliminary roadway and drainage design, developing roadway profiles, cutting cross-sections, performing calculations, coordinating plan preparation, and assisting on project reports. Erin ons — Transportation/Complete Streets/Community Outreach Erin has 14 years of experience as a transportation and long range community planning analyst with a specialty focus in GIS and field surveying. She has experience in long range multimodal transportation and community planning, environmental reviews, including GIS administration, hazards planning, and support. Recent projects include the 30% Design Phase for SE 1 st Street, Miami-Dade MPO Automated Bicycle Rental System and Parking Plan Study,the MetroOrlando Long Range Transportation Plan,and the St. Lucie County aha, ., and Martin County Long Range Transportation Plans along with several bicycle and pedestrian master plans around the state. Kimle TRED30015.19-1st Street Sidewalk Improvements Design Consulting Services.indd 13 Pa e 583 of 1055 , , tN lV=0'41111f 1, 5 41 LO if) ,t 0 4— co LO R;` 0)i e r+ i e �tt �s�+ ,' t ti �, e IeS ; ,t co A4, (D70 O Ct , :L2 00 �94—j 73 j 75 0 W co O U 1.(�i• {�� i. O ISS co CO C � " i O LF O -- L" O •, � � ' . '41111110 96 `-= s _ _ t n3-`spy tr•it A' ;-. Resumes Resumes for Kimley-Horn's key project team members are provided at the end of this section for your review. Subconsultants Kimley-Horn emphasizes the value of building structured working relationships to obtain the greatest combination of skills and professionalism to offer dependable, quality service to our clients. Our subconsultants are selected based on their proven abilities to follow through, superiority in their fields of expertise, and strong commitment to teamwork. Overviews and Key Peri inin ll Dios i — Survey and Mapping Eric Matthews,PSM - 24 yrs. experience. Eric's experience covers all aspects of surveying, ranging from the field to the office. He has more than two decades of experience in land development, with clients in both the private and public sector, including numerous federal, state, and local agencies. Eric has successfully served as Senior Project Manager on many large scale projects including major highway design and construction surveys, energy pipelines, railway corridors, major canal and drainage systems, hydrographic surveys, boundary surveys,topographic surveys,ALTA Surveys, laser scanning (LiDAR), photogrammetric surveys, platting, right-of- way retracement,and much more. In addition to his professional surveying experience, Eric is the past president and active member of the Indian River Chapter of the Florida Surveying and Mapping Society. Phillip a,PLS- 33 yrs. experience. Phil has more than three decades of experience in land surveying and has served as a project surveyor and survey technician on a variety of projects for the Florida Department of Transportation and other municipalities and agencies across Florida. His project experience includes boundary,topographic cadastral,construction layout,and energy pipeline surveys. Marct l r,CST IIIIII - 35 yrs. experience. Marc has more than three decades of survey experience, including 19 years as a crew chief and six years as a survey crew supervisor. His responsibilities include supervision of field crews and the accurate processing of field data. Marc trains field crew personnel on equipment, including total stations, data collection,and GPS. Marc is familiar with EFB, CAiCE, and MicroStation and helps in the preparation of right-of-way maps and design surveys. GCME, Inc.,— Geotechnical Partha Ghosh,RE. has 27+years of comprehensive experience working with the Florida's Turnpike Enterprise(FTE)and FDOT Districts (specifically District IV&VI) in the field of Geotechnical and Materials Engineering.He has served as the Senior Engineer/Project Manager and Geotechnical Engineer of Record for major FDOT/FTE projects in South Florida.He has extensive experience in performing field and in-house investigation for roadway and bridge foundations,quality control/assurance of Construction Engineering Inspection and utilizing the Standard Index System,and prepared the geotechnical reports for major FTE/FDOT Highway and Bridge projects. Zhijun Pan,RE. has earned two(2) MS degrees in Geotechnical Engineering and 13+years of analysis and design experience in the field of Geotechnical and Materials Engineering. He has conducted a wide range of geotechnical engineering analysis which encompasses combining the measured physical parameters of the subsoils with the design intent to predict the soil structure interaction and recommending specific foundation type, depth and size for existing subsoils. Specifically,this involves the use of classical soil mechanics theory and foundation engineering. Southeastern r e arch, Inc. ,— Cultural Resources ment Mechelle Kerns,PhD,RPA, has more than 20 years of experience as an archaeologist and historian specializing in cultural resource management.She joined SEARCH in 2018 as Principal Investigator with the Transportation group in the Hollywood, Florida office. Dr.Kerns has extensive experience with artifact identification,analysis,data collection,and preparation for curation, research design development, report writing, public outreach,and education programs,as well as supervisory experience managing staff for projects in both terrestrial and underwater archaeology,fieldwork,and laboratory processing of artifacts. Dr.Kerns has directed archaeological fieldwork for all phases of investigation on historic,maritime,and prehistoric sites in Florida,Washington DC,Maryland,West Virginia, Kimle TRED30015.19-1st Street Sidewalk Improvements Design Consulting Services.indd 15 Pa e 585 of 1055 `-= s _ _ t n3-`spy tr•it A' ;-. Delaware,Virginia,Wisconsin,and Mississippi,and she worked on underwater sites in Maryland, Florida,and New York for both private and public sector clients.She has experience and training in Sections 106 and 110 of the National Historic Preservation Act(NHPA)and the National Environmental Policy Act(NEPA).Dr. Kerns is listed on the Register of Professional Archaeologists(RPA),and she exceeds the qualifications set forth by the Secretary of the Interior's Standards and Guidelines for Archeology and Historic Preservation(48 FR 44716). Jason F.Newton, MA, , has more than nine years of experience with architectural history and cultural resource management, and joined SEARCH in 2019 as an Architectural Historian. Mr. Newton has experience conducting historic resource evaluation, National Register of Historic Places (NRHP) nominations, Section 106 Review, and architectural survey throughout Florida, particularly south Florida. Mr. Newton received his bachelor's degree in History in 2004 from Tarleton State University, his master's degree in History in 2007 from Texas State University, and his master's degree in Library and Information Studies in 2015 from the University of South Florida. His qualifications meet those set forth by the Secretary of the Interior's Standards and Guidelines for Architectural History and History(36 CFR Part 61). Kimle TRED30015.19-1st Street Sidewalk Improvements Design Consulting Services.indd 16 Pa e 586 of 1055 Marwan MOO, RE. Client Service Manager r SE 1st Street 30% Plans, Boynton Beach, —As part of the on- call n call general consulting engineering services contract with the City, Kimley-Horn provided the conceptual engineering design services for the SE 1 st Street Sidewalk ��,�� Improvements Project.The project used the information prepared during the Grant Application and Conceptual Engineering phase and the topographic field survey � �5 and right-of-way survey provided by the City to advance the design up to the 30% ��>>, preliminary plans. Services included base mapping,typical section development, oversight of horizontal alignment analysis, redesign of intersection geometry at SE 12th Avenue and at-grade crossing modifications, review of vertical alignment and cross sections analysis, preliminary drainage review, utility coordination, and neighborhood traffic calming study. " '' ' ' •• ` Boynton Beach BoulevardDesign from 1-95 to US 1, . « • « ® « •• « !, Boynton Beach, Project manager providing design services for this ®e multi-stage project in the City of Boynton Beach.The design improvements to the ! ! ® •• project area(east of 1-95 to US-1) include landscape architecture enhancements and « ! ! ! •• Complete Streets features. Design features include narrowed lanes and expanded sidewalks to encourage pedestrian mobility and landscape/hardscape upgrades within « !. ! •• « ! the corridor. Our services include roadway and landscape design; signing and marking; - signal plans; lighting; traffic analysis; utility coordination; permitting assistance; and public involvement services. Seacrest Boulevard Roadway Improvements, Boynton Beach, FL Project manager.This project includes the redevelopment of Seacrest Boulevard « !• , ,!• ! • !• ! from the Boynton Canal to Boynton Beach Boulevard. Provided streetscape design, ' '« ®«• « « « ' permitting procurement and creation of construction documents for the CRA of °' ' ` ° ° ' `'' ' '• ` Boynton Beach. Provided coordination with the CRA, Palm Beach County Streetscape Division, and the City of Boynton Beach. Provided coordination with Kimley-Horn roadway team, civil engineer, and lighting engineer.Special attention to beautify this !• « ! , • «, • !• ! blighted part of Seacrest Boulevard which had no trees within the public right of way ® • « ® ® • • ! by incorporating canopy and palm trees, a new sidewalk design, landscaped medians, decorative crosswalks, and street lighting. '' ° "' •'' ' ' ' Federal i ,y ( ) Interim inl Enhancements, Delray « ! « !• ! ®•® Beach , Delray Beach, Project manager.This multi-phased project included a study and conceptual design,temporary implementation of the design for a trial period and final design of the permanent improvements.This project included two miles of the US 1 one-way pair in each direction in Delray Beach.The City and its Community Redevelopment Agency(CRA) adopted the Downtown Delray Beach Master Plan,which has as one of its key elements a reconfiguration of the two one- « « ! way segments of US 1 from three lanes to two lanes.Accordingly, Kimley-Horn was ! • «• •! •! «® !!! retained to evaluate potential changes to the lane configuration along southbound (NE/ ®®® ® �� ® • ® ® ® « SE 5th Avenue)and northbound (NE/SE 6th Avenue) segments of US 1 from north of Linton Boulevard (SE 10th Street)to George Bush Boulevard. Kimley-Horn developed alternatives,forecasted future traffic volumes for review with the City and the CRA, and led several public involvement workshops at which detailed traffic engineering and design data were presented.The design provided two lanes each way with on- street parking for both avenues, City residents and visitors will soon enjoy the benefits of on-street, buffered parking; slower speeds and a safer, more pedestrian-friendly environment; landscaping beautification and decorative, environmentally sensitive street lighting; bicycle lanes; and a new sense of continuity with the Downtown area. TRED30015,19-1 st Street Side,,valk Improvements Design Consulting Services 17 Marwan MOO, RE. Relevant Experience Contin .iied Boynton Beach Sidewalk Inventory, Boynton Beach, Project engineer for a sidewalk inventory of the entire Boynton Beach CRA limits.Services included base mapping of street right of ways within the CRA extents, preparation of a conceptual sidewalk inventory map,and preparation of a final sidewalk inventory map. Kimley-Horn utilized Google Earth aerials in combination with Palm Beach County aerials to complete the study and verified the accuracy of the aerials by a field visit to a sample of streets. 24th and 25th StreetImprovements, s l Beach, Project manager for the Kimley-Horn team retained by the City of West Palm Beach to provide streetscape improvements in the Northwood neighborhood area.This project is a joint effort between the City of West Palm Beach and the West Palm Beach Community Redevelopment Agency(CRA)to reconstruct each of the two-lane roadways with on-street parallel parking on both sides,thus creating a main street through the District.The project is envisioned as an impetus to spur redevelopment of that District.As such, it required an intensive public involvement program that included residents, merchants,the CRA Advisory Board,and the CRA Board,which is the City Commission.The project included extensive landscape and hardscape plans, renderings,decorative street lights,drainage, signing and marking,and traffic control plans; 24th and 25th Streets were also designated as SR 5 and are owned and maintained by the Florida Department of Transportation (FDOT).Therefore, permitting and close coordination with FDOT were necessary. Due to local agency participation,funding was provided by state and federal governments. Lowson Boulevard Improvements Initi l Report, Delray Beach, Project manager. Kimley-Horn was selected by the City of Delray Beach to provide professional engineering services to assist with the initial design of the roadway improvements to Lowson Boulevard between Military Trail and S.E. 6th Avenue.The project includes bicycle lands and other improvements to a 3.5-mile segment of the roadway.The project is partially funded through the FDOT LAP program. In addition,the project included both preliminary and final engineering, intensive public involvement,coordination with TPA and FDOT, shared-use paths, drainage, signing and pavement marking,two railroad crossings, signal modifications, and lighting improvements. SE Neighborhood r cons ruc ion, Delray Beach, Project engineer for the design of the reconstruction of portions of SE 5th Street,SE 7th Avenue and SE 7th Street. Kimley-Horn's services include coordinating site surveying, attendance at public meetings, pavement design, establishing new profiles to fix existing drainage issues, analyzing adjacent landscaping to determine needs for relocation, utility coordination, permit coordination, development of typical cross sections, preparing final design plans for the improvements, incorporating City of Delray Beach complete streets principles and providing opinions of probable costs. Delray Beach Sidewalk Design Services, Delray Beach, Project engineer for the design of missing sidewalk segments for several areas along SW 3rd Street, NW 8th Avenue, NW 6th Avenue, SW 6th Avenue and SW 5th Avenue. Kimley-Horn's services include coordinating site surveying, attendance at public meetings, review of profiles and edge of pavement elevations, analyzing adjacent landscaping to determine needs for relocation, utility coordination, permit coordination, development of typical cross sections, preparing final design plans for the improvements,and providing opinions of probable costs. 415 and 425 NE 4th StreetParking si ili yto y, Boynton Beach, Project engineer. Kimley-Horn was retained by the Boynton Beach Community Redevelopment Agency(CRA) in February 2015 to provide parking consulting services for a proposed parking garage to be located at 415 and 425 NE 4th Street in Boynton Beach.The proposed project site is bound by NE 4th Avenue to the north, NE 4th Street to the east(adjacent to Veterans Park), Boynton Beach Boulevard to the south, and FEC rail to the west. Kimley-Horn scope of work consisted of site research,functional alternatives, and order of magnitude cost estimates. Avenue acct Bikeway and PedestrianTrail (aka The Royal Poinciana Trail at 5th AvenueSouth, Lake o , Project manager. Kimley-Horn provided services to improve pedestrian and bicycle access for a multiuse path on 5th Avenue South and striping bike lanes on B and E streets between Lake Avenue South and 6th Avenue South. Our scope included final engineering design for paving, grading, landscape, hardscape, irrigation, signage,and striping for the project.The project was LAP funded by FDOT and followed LAP guidelines. Quadrille oul v rd Streetscape Improvements, s l Beach, Project engineer.The City of West Palm Beach tasked Kimley-Horn to provide engineering and landscape architectural design services to implement streetscape improvements for Quadrille Boulevard from Okeechobee Boulevard to Datura Street. Improvements included new sidewalks along the west side of Quadrille, street trees, landscaping,site furnishings, irrigation,street lighting,and decorative crosswalks. Landscaping for the corridor features a low-water use perennial peanut groundcover in lieu of turf grasses and large Live Oak shade trees that will overhang the sidewalk and provide shade to pedestrians.The project was funded with a Metropolitan Planning Organization grant administered by FDOT under the Local Agency Program (LAP). TRED30015,19-1 st street side,na k Improvements Design consulting services 18 Page 588 of 1055 Eric Reguilairo, RE., ENV SP Assistant Project Manager SE 1st Street 30% Plans, Boynton Beach, Project Manager.As part of the on-call general consulting engineering services contract with the City, Kimley-Horn provided the conceptual engineering design services for the SE 1 st Street Sidewalk Improvements Project.The project used the information prepared during the Grant Application and Conceptual Engineering phase and the topographic field survey and right-of-way survey provided by the City to advance the design up to the 30% preliminary plans. Services included base mapping,typical section development, oversight of horizontal alignment analysis, redesign of intersection geometry at u SE 12th Avenue and at-grade crossing modifications, review of vertical alignment and cross sections analysis, preliminary drainage review, utility coordination, and neighborhood traffic calming study. « « 1 1 Lowson Boulevard Improvements lni i t Report, Delray Beach, . Project Engineer. Kimley-Horn was selected by the City of Delray Beach to provide professional engineering services to assist with the initial design of the roadway improvements to Lowson Boulevard between Military Trail and S.E. 6th Avenue.The project includes bicycle lands and other improvements to a 3.5-mile segment of the roadway.The project is partially funded through the FDOT LAP program. In addition,the project included both preliminary and final engineering, intensive public involvement, coordination with TPA and FDOT, shared-use paths, drainage, signing and pavement marking,two railroad crossings, signal modifications, and lighting improvements. f ® • ®• « f. Lake l cr cc Program Year 4, Lake Worth, 1 ® / a .f a ® ® ® . .1• Project manager on the team that provided the City of Lake Worth with civil engineering services consisting of design and roadway construction drawings for year ®® ` 4 projects assisting the City with its pavement rehabilitation program for 19 different streets totaling approximately 12,000 linear feet.The effort focused mainly on plans, specifications,and construction inspection services for pavement rehabilitation on roadways with the lowest pavement condition index.Tasks include data collection, utility coordination, development of construction documents, bidding assistance, and _ observation during construction. ® f t 17th Streetr r tics Project, Santa Ana, CA / 1 1®® ® °/ • / Project Engineer. Responsible for roadway, site civil, sanitary sewer,water, and ®• « ® 1®• 1.® . 1 , f miscellaneous dry utility design. He designed and coordinated with other design disciplines and worked closely with the Project Manager to meet tight deadlines. Eric designed roadway elements to depress 17th Street and Lincoln Avenue, requiring extensive evaluation of access points(driveways)and adjacent site modifications. In this capacity, he was responsible for maintaining City standards within the design. In addition, he coordinated the work of other disciplines, participated in stakeholder coordination, and oversaw the design team. UPRRJACE Fuller-ton Road GradeSeparation, City of Industry, Project Engineer. Responsible for the design that realigned roadways, provided enhanced pedestrian circulation, and contained extensive utility work.The civil design work entailed roadway, site civil, sanitary sewer, water, recycle water, and miscellaneous dry utility design. Eric designed and coordinated with other design disciplines and worked closely with the structural manager to meet tight deadlines. Eric managed a production team to ensure design plans were completed on time, within budget, and of high quality.The team is currently providing construction support services for the project. TRED30015,19-1 st Street Side,nvalk Improvements Design Consulting Services 19 Eric Reguilairo, RE., ENV SP Relevant Experience Contin .iied Expo Metro Line Construction Authority, Design of s ( ), Los Angeles, CA— Project Engineer.Eric was responsible for the roadway and station site civil design.The Expo Phase 2 project extended a new light rail line for approximately 6.6 miles from the Phase 1 project at Venice/Robertson Boulevards in Culver City,to the new end of line station at 4th Street and Colorado Avenue in Santa Monica.Eric provided detailed designs for constrained roadway segments that involved challenging horizontal and vertical geometrics to remain within the project footprint(i.e.ADA ramps,access points,catch basins,wet and dry utility features,etc.). He also participated in intra- and inter- disciplinary coordination on a large team with many design disciplines. Ocean rk Boulevard Completer reet Project, Santa Monica, — Project Engineer. Eric was responsible for design of the roadway, site civil, and coordination with other design disciplines to meet tight deadlines.The roadway elements required extensive evaluation of ADA,access points(driveways), enhanced bike lanes, and site modifications to incorporate architectural features through the corridor.The Project transformed the existing street into a multimodal facility by calming traffic, adding a bikeway and enhancing pedestrian safety. It also implemented multiple water quality features to help reduce pollutants for urban runoff while reducing the overall volume of stormwater runoff reaching Santa Monica Bay. Mission Bridge Replacement, RiversideCounty, — Project Engineer. Responsible for roadway design.The project is within the cities of Riverside and Jurupa Valley,and will replace an existing 1,100-foot long,4-lane bridge requiring roadway modifications along the approaches on each side. Primary responsibilities encompass roadway design, drainage, utilities,traffic and right-of-way acquisitions.Some of the key design challenges associated with these disciplines are geometric design for the roadway with curves on each side of the bridge(super elevation along the structure), determination of low impact development(LID) devices for water treatment of runoff, and project phasing with associated traffic management during construction. UPRR/SunsUPRRISunset AvenueRailroad r r tion, Banning, — Project Engineer.Assisted design team with 35% Design concepts for UPRR shoofly tracks. Looked into design criteria and potential routes to minimize construction impacts. Kimley-Horn completed preliminary engineering/environmental studies,final design,and provided construction support for the UPRR railroad grade separation project adjacent to the 1-10/Sunset Avenue interchange in the City of Banning.The project included raising the mainline tracks and a set-out track by three feet, double shoofly tracks, UPRR railroad bridge,and modification of the freeway interchange ramps to accommodate the lowered Sunset Avenue. HarborlLambert Intersection Widening, Habra, — Project Engineer. Responsible for producing the final design PS&E package for the Intersection Improvements.This project involved the intersection widening at Harbor Boulevard/Lambert Road to provide additional traffic lanes on all approaches to the intersection.This project constructed dual left-turn lanes on all approaches and right turn lanes on the northbound and southbound approaches.The project also involved traffic signal modifications, signing and striping, catch basin relocations, storm water quality features, power pole relocations, construction of sidewalk access ramps, constructing and removing driveways, and utility manhole and valve adjustments. Eric transitioned from Project Engineer to encompassing the overall management of the project to finalize the design and assist the City with bidding and construction support. SR 91113each Boulevardr i i , Project Engineer. Responsible for Caltrans fact sheets and stormwater data reports.Eric's contributions helped the project get through the Caltrans permitting process. Kimley-Horn was responsible for the final design PS&E to widen the northbound Beach Boulevard to eastbound SR 91 entrance ramp.The intent of the project is to increase vehicular storage along the ramp to eliminate backup and resulting congestion along northbound Beach Boulevard. Primary documents prepared to Caltrans District 12 requirements included: PEER, ISA checklist,environmental memo, noise study,traffic analysis,fact sheets, preliminary and final design plans,specifications and cost estimate(PS&E). SR 91113each Boulevardxi i Park, Project Engineer. Responsible for Caltrans fact sheets and stormwater data reports. Eric's contributions helped the project get through the Caltrans permitting process. Kimley- Horn was responsible for the final design PS&E to widen the westbound SR 91 exit ramp.The intent of the project is to increase vehicular storage along the ramp to eliminate backup and resulting congestion along the SR-91 mainline. Primary documents prepared to Caltrans District 12 requirements included: PEER, ISA checklist, environmental memo, noise study,traffic analysis, fact sheets, preliminary and final design plans, specifications and cost estimate (PS&E). TRED30015,19-1 st street side,na k Improvements Design consulting services 20 Page 590 of 1055 y 1, Brandon Kern, E.I. Roadway/Civil Engineeringr SE 1st Street 30% Plans, Boynton Beach, Project Analyst.As part of the on-call general consulting engineering services contract with the City, Kimley-Horn provided the conceptual engineering design services for the SE 1 st Street Sidewalk Improvements Project.The project used the information prepared during the Grant Application and Conceptual Engineering phase and the topographic field survey and right-of-way survey provided by the City to advance the design up to the 30% preliminary plans. Services included base mapping,typical section development, oversight of horizontal alignment analysis, redesign of intersection geometry at SE 12th Avenue and at-grade crossing modifications, review of vertical alignment and cross sections analysis, preliminary drainage review, utility coordination, and neighborhood traffic calming study. Lowson Boulevard Improvements lnii l Report, Delray Beach, ® ® Project Analyst. Kimley-Horn was selected by the City of Delray Beach to provide « •• « « «, professional engineering services to assist with the initial design of the roadway improvements to Lowson Boulevard between Military Trail and S.E. 6th Avenue. _ The project includes bicycle lands and other improvements to a 3.5-mile segment of the roadway.The project is partially funded through the FDOT LAP program. In ® ® ®• ��« « « • « •• addition,the project included both preliminary and final engineering, intensive public « ® • f f,® involvement, coordination with TPA and FDOT, shared-use paths, drainage, signing ® ® .«• ®• « and pavement marking, two railroad crossings, signal modifications,and lighting ,° , «• ° improvements. °°« ® « , ®«• «• « «• • «� Boynton Beach BoulevardDesign from Eastof 1-95 to US 1, Boynton Beach, Project analyst providing design services for this multi- stage ulti stage project in the City of Boynton Beach.The design improvements to the project ` ` ` •`' ' ` ° ° ` ° ` ° area(east of 1-95 to US-1) include landscape architecture enhancements and Complete Streets features. Design features include narrowed lanes and expanded sidewalks to encourage pedestrian mobility and landscape/hardscape upgrades within the corridor. Our services include roadway and landscape design; signing and marking; signal plans; lighting; traffic analysis; utility coordination; permitting assistance; and public involvement services. Delray Beach Sidewalk Design Services, Delray Beach, FL Project analyst for the design of missing sidewalk segments for several areas along SW 3rd Street, NW 8th Avenue, NW 6th Avenue,SW 6th Avenue and SW 5th Avenue. Kimley-Horn's services include coordinating site surveying, attendance at public meetings, review of profiles and edge of pavement elevations, analyzing adjacent landscaping to determine needs for relocation, utility coordination, permit coordination, development of typical cross sections, preparing final design plans for the improvements, and providing opinions of probable costs. Lake arth Neighborhood Ra ra r Year 1, Y r , and Year 3, Lake Worth, Project analyst on the team that provided the City of Lake Worth with civil engineering services consisting of roadway design and drainage design.The effort focused mainly on pavement rehabilitation on roadways with the lowest pavement condition index. In addition to pavement rehabilitation, Kimley-Horn designed new catch basins,additional traffic calming measures,and ADA compliant sidewalk routes to provide continuity in the neighborhood.Tasks include data collection, utility coordination, development of construction documents, bidding assistance, and observation during construction. Lake Worth Neighborhood Road Program Year 3 is still in design. TRED30015.19-lot Street Sidewalk Improvements Design Consulting Services 21 Brandon Kern, E.I. Relevant Experience Contin .iied SE Neighborhood r cons ruc ion, Delray Beach, — Project analyst for the design of the reconstruction of portions of SE 5th Street,SE 7th Avenue and SE 7th Street. Kimley-Horn's services include coordinating site surveying, attendance at public meetings, pavement design, establishing new profiles to fix existing drainage issues, analyzing adjacent landscaping to determine needs for relocation, utility coordination, permit coordination, development of typical cross sections, preparing final design plans for the improvements, incorporating City of Delray Beach complete streets principles and providing opinions of probable costs. SR AIA Complete r is Design, Hollywood, — Project analyst of the Kimley-Horn team serving the City of Hollywood to help reduce the travel lanes widths and incorporate Complete Streets elements within the corridor between Hollywood Boulevard and Sheridan Street.The concept plans will include a reduction of speed, improving safety for vehicles, pedestrians, and bicyclists; wider sidewalks, bicycle lanes, and designated loading zones; and improved street furniture, landscaping, and signage.The team will also provide traffic signal/roundabout analysis, driveway access review, emergency vehicle access review, meetings and coordination, and permitting services. Las 01as Boulevard i Traffic l i , Fort Lauderdale, Project analyst.Kimley-Horn assisted the City with preliminary designs for the reconfiguration of Las Olas Boulevard,which resulted in the City implementing a pilot project for temporary lane elimination and buffered bike lanes.Our services also addressed traffic circulation, safety, multimodal mobility, and quality-of-life issues along the Las Olas Boulevard corridor(from just west of the Himmarshee Canal to the Intracoastal Waterway Bridge).The project also included a traffic calming study for the Colee Hammock neighborhood. Improvements included enhanced crosswalks, raised intersection,and warning lights for improved safety. For Colee Hammock,our team provided plans for roadway design,signing and pavement markings, lighting improvements, and permitting application preparation. Kimley-Horn also provided post-design construction services. Congress Avenue Extension from o l ke Boulevard to Alternate A 1A Palmc r ns, — Project analyst for Palm Beach County to provide professional engineering services to create a new alignment of Congress Avenue between Northlake Boulevard and Alternate Al A.The mission of the project is to alleviate the existing traffic congestion at the intersection of Northlake Boulevard and Alternate Al A.The new alignment will impact an existing water treatment plant,active and vacated mobile home communities, and businesses. Our team faces the challenge of developing a roadway geometry that will minimize these impacts while accommodating for varying area topography and the FEC railroad tracks adjacent to Alternate AIA. Wiles Road Design from i rsiDrive o Rock Island o , ro r County, — Project analyst for complete contract plans for the widening of Wiles Road to a 6-lane divided urban arterial from Riverside Drive to Rock Island Road. One of the major accomplishments of this segment's design was to work with all stakeholders to avoid issues related to private property impacts given the narrow corridor and proximity of private features.Another major accomplishment was an innovative drainage solution that added new outfalls through City owned property to an existing undersized drainage system to avoid reconstructing the entire Wiles Road system.We coordinated closely with the County to tackle issues related to the narrow areas of the corridor, including a balance between traffic lane, sidewalk and bike lane widths.This segment had grant funding from FDOT and the improvements included roadway design, Complete Streets design, drainage, lighting, landscaping, irrigation, bicycle lanes, signalization, utility coordination, permitting coordination with the City of Coral Springs and detailed traffic control plans.The project required extensive landscape plans and coordination to resolve issues related to private landscape encroachments into County right of way. Our team provided tree mitigation permit services and coordinated with both County and City forester.We incorporated the Broward Complete Streets guidelines on this project(also prepared by Kimley-Horn),which were endorsed by the Broward MPO. Wiles Road Design from cck Island o o US 441 (SR 7), Coral Springs, — Project analyst on the Kimley-Horn team selected by the Broward County Engineering Division to prepare complete contract plans for the reconstruction and widening of Wiles Road as a six-lane divided urban arterial from Rock Island Road to US 441 (SR 7). Broward County and FDOT are sharing in the cost of improvements which include drainage, lighting, landscaping, irrigation, bicycle lanes, signalization, utility coordination,and detailed traffic control plans. Design-BuildCriteria ck s for Broward MPO Regional Complete Streets Initiatives, FDOT District our— Project analyst for the development of five design-build criteria packages for the following locations in Broward County: Hammondville Road from Powerline Road to W.of 1-95; NW 31 st Avenue from Commercial Blvd to McNab Road; Powerline Road from Oakland Park Blvd to Commercial Blvd.; Lauderdale Lakes Greenway from NW 31 st Ave to NW 29th Ave.; and Riverland Road from SR-7/US-441 to SR-842/Broward Blvd.The MPO requested the construction of new bicycle and pedestrian facilities in the existing right-of-way to improve safety and access for Broward's residents and provide more transportation alternatives. Design services also include milling and resurfacing, utility coordination, signing and pavement marking, signal improvements, landscaping, and public involvement. TRED30015,19-1 st street side,na k Improvements Design consulting services 22 Page 592 of 1055 Erin Emmons, GISP Trans rt tion/Complete Streets/ r r �.iinity �.treach L Grant lic tics and Conceptual Engineering DesignServices for SE 1st Street SidewalkImprovements, cyn cn Beach, FL ' Project analyst. Led the grant application process for the City and participated in public involvement efforts and the TPA presentation. Boynton Beach BoulevardDesign from st of 1-95 to US 1, Boynton Beach, — GIS specialist providing design services for this multi- )� stage project in the City of Boynton Beach.The design improvements to the project area(east of 1-95 to US-1) include landscape architecture enhancements and Complete Streets features. Design features include narrowed lanes and expanded sidewalks to encourage pedestrian mobility and landscape/hardscape upgrades within the corridor. Our services include roadway and landscape design; signing and marking; signal plans; lighting; traffic analysis; utility coordination; permitting assistance; and public involvement services. •, • , ® «® • ®„ d 415 and 425 NE 4th StreetParking si ili yto y, Boynton '• • " • ° ' ` Beach, Project analyst. Kimley-Horn was retained by the Boynton Beach Community Redevelopment Agency(CRA) in February 2015 to provide parking f�• !• consulting services for a proposed parking garage to be located at 415 and 425 NE 4th Street in Boynton Beach.The proposed project site is bound by NE 4th Avenue to the north, NE 4th Street to the east(adjacent to Veterans Park), Boynton Beach ®, °�, • ® , , ® «• •®® Boulevard to the south, and FEC rail to the west. Kimley-Horn scope of work consisted of site research,functional alternatives, and order of magnitude cost estimates. ® ®• ®®® Palm c General Planning Consultant, Palm Beach County, GIS specialist. Kimley-Horn has served the Palm Beach Transportation Planning Agency(TPA) as General Planning Consultant(GPC) since 2016. Our services on this work order based contract include urban transportation , • f planning,transit planning, complete streets, multimodal corridor studies, safety studies, GIS mapping, and regional coordination.Specific projects completed on this , ® • contract include Complete Streets Policy,Transit Development Plan (TDP) Phase 1, Bicycle and Pedestrian Safety Study, Bicycle Suitability Map, Complete Streets Design ® ®, Guidelines, US-1 Multimodal Corridor Study, and Safe Streets Summit support. ® �,®• Palm ch TPA US I Multimodal Corridor Study, West PalmBeach, Project analyst for this study that developed a comprehensive plan to implement continuous multimodal facilities that connect the communities along the corridor, including upgrading the existing limited stop service to Corridor-Based Bus Rapid Transit(BRT) and expanding this service north of West Palm Beach to Indiantown Road in Jupiter.This study was inspired by numerous previous initiatives and studies within the US-1 corridor, which now will serve as resources for this project including the Palm Beach MPO Complete Streets Policy, Palm Tran Transit �. . Development Plan (TDP) Major Update, FDOT Complete Streets Implementation plan, and many local municipal studies and plans.There is a need to better connect ,. . the communities along US-1 with multimodal transportation services.This project « ®• • ��•® « ° • ®• « •® corridor is approximately 42-miles long. ® ® ««• �, « �� Bicycle s ri n ( ik /Ped) Mobility Plan, Miami Gardens, ®• Project analyst. Kimley-Horn prepared a bicycle and pedestrian mobility plan for the City of Miami Gardens.The project included recommendations for short- and long-tern mobility improvements based on the literature review,transportation mobility analysis, identification of goals and objects, and input from the Steering Committee. We analyzed existing transportation mobility conditions and community features in TRED30015,19-1 st Street Side,valk Improvements Design Consulting Services 23 Erin Emmons, GISP Relevant Experience Contin .iied Miami Gardens through the use of geographic information systems (GIS) and prepared a series of maps that illustrate the background conditions for improving the City's bicycle and pedestrian mobility.The Kimley-Horn team used the methodologies established in the 2009 FDOT Quality/Level of Service Handbook to assess the bicycle and pedestrian level of service of the major roadways with the City and mapped the results with GIS. Black Bear Scenic Byway Master Plan, Palatka, Project analyst. Kimley-Horn developed the Black Bear Scenic Byway Master Plan.The development of the master plan included regular meetings with the Corridor Management Entity(CME) and comprehensive public involvement using stakeholder interviews, surveys, and public workshops. Data collection included an assessment of land uses along the corridor and an evaluation of the transportation features of the corridor.The master plan resulted in revised byway graphics, including a new byway logo,a byway video, site plans for specific areas and intrinsic features along the corridor, a signage plan, an interpretation plan, kiosk designs, and an educational brochure about black bears. Largo Multimodal Plan, Largo, Project analyst.The City of Largo's Multimodal Plan addressed implementation initiatives outlined in the City's Strategic Plan. Kimley-Horn created the plan that developed recommendations that encourage pedestrians, bicyclists, and recreational uses, in addition to supporting automobile and transit use within specific multimodal corridors.The plan outlines a 25-year work program designed to guide funding and scheduling of multimodal improvements along the designated multimodal network of streets and trails.The plan identifies both near-and long-term planning horizons for projects and funding, requiring collaboration and partnerships with multiple stakeholders and agencies, including the Pinellas County Metropolitan Planning Organization, Pinellas County Public Works, Pinellas County Department of Health, and the Florida Department of Transportation. Statewide BicyclelPedestrian Facilities Study, FDOT Central Office of Policy Planning, Statewide, Project analyst on the Kimley-Horn team that conducted an assessment of the status of bicycle and pedestrian facilities on SNS and SIS roadways across the state and putting the information in a geographic information systems (GIS) database.Working with the FDOT Central Office, Kimley-Horn developed a report detailing a series of recommendations for improvements that is provided to the state legislature and the governor. Venice c n c c illyto y, Venice, Assistant project manager for the Kimley-Horn team recently selected to develop a Downtown Mobility Plan focused on improving mobility on transportation corridors in and around the Venice downtown area.The study includes the assessment of existing parking conditions,the design and placement of wayfinding signage to direct residents and visitors to points of interest within Venice,as well as recommended improvements to address walking, biking, and transit use.The results will help to identify the city's needs associated with all modes of transportation to accommodate pedestrians, bicycles,transit, and automobiles. Professional Consulting Services (Transportation), Longwood, Kimley-Horn was selected to perform professional engineering services (Transportation)to include design, planning, permitting and review in accordance with the City of Longwood's 5-Year Transportation Capital Improvement Plan.This project includes multimodal improvements, a bicycle and pedestrian master plan, public involvement(meetings,workshops, newsletters), sidewalk, re-construction of curb ramps and installing crosswalks to meet ADA standards, safe routes to schools, connections to the regional Sun Rail station, on-street parking plans, bicycle lanes and all related signing, signaling, path, milling and widening associated with each project.The following is a list of recent projects performed for the City of Longwood: Downtown Core Parking till ticsto y, Delray Beach, GIS specialist. Kimley-Horn was retained by the Delray Beach Community Redevelopment Agency to conduct an analysis of the parking demand utilization during peak and off-peak season for the Downtown area in Delray Beach in order to determine the potential need for an additional parking garage. The study area included eight off-street parking facilities and seven on-street block faces along Atlantic Avenue.The analysis showed that during both peak and off-peak season specific facilities and the on-street areas operate at capacity, but the entire system has available capacity.The study also assessed the turnover and average parking duration for the on-street areas. Recommendations were provided to address short and long-term parking demand and supply solutions.The City of Delray Beach recently approached Kimley- Horn to provide an update to the Downtown Core Parking Demand and Utilization Study and to conduct an assessment to improve the parking conditions, access and marketing of a Downtown parking facility. Kimley-Horn also previously conducted a Downtown Comprehensive Parking Study for the City. TRED30015,19-1 st street side,na k Improvements Design consulting services 24 Page 594 of 1055 96 `-= s _ _ t n3-`spy tr•it A' ;-. Section 4 Current and Projected Workload f the Proposer Our current workload projections for our Florida offices indicate continued growth yet show sufficient capacity to handle this contract for the City of Boynton Beach.All individuals previously identified on the organization chart are full-time employees who are available and committed to fulfilling their assigned roles for this contract.We will provide a strong local presence, local staff, and experts with technical support to ensure all aspects of the project are covered. Based on current staffing levels and current workload being performed or expected annually, Kimley-Horn is immediately available to begin serving the City. Our core team members, including our subconsultants, are all located locally in South Florida.We are available by phone at any time and can be at City Hall within minutes. When you call us, Kimley-Horn will be ready. Kimley-Horn team members assigned to the SE 1 st Street Sidewalk Improvements project have the qualifications, resources,time, willingness and are committed to meet the budgets and schedules as required for any task assigned through this contract. Our subconsultant team members WGI, GCME, Inc., and SEARCH have also informed us that their assigned team members are fully available to provide services to the City of Boynton Beach as required by this contract. Kimley-Horn maintains an effective and accurate accounting of projected staff hours for up to a six-month period through a system we call"Cast-Aheads." We know our availability of any given moment, and because we have access to the resources f 15 officesin Floridas than 85 offices across the firm), we assureyou we havethe required staff and tools to meet critical deadlines for any task, of any time. Based on a review of our cast-aheads,we can assure you that the staff members selected for this team are available immediately to serve the City of Boynton Beach,and we are in an excellent position to handle the workload for this project. Current Pro,]I ect Work and Commlitments Because services for this project would be performed from our West Palm Beach office,we have included a listing of current projects still underway for that office.We are committed to the success of all your projects,and we are well-equipped to provide team members and the technical resources to ensure this success in a timely manner. Dixie Highway hway Improves ents 80% Lowson Boulevard Final Design 50% Wiles Road 10% Gateway Boulevard and Military Trail Intersection 5% Congress AvenuelA1A 10% Hollywood113I3A1A Corridor 10% Boynton Beach Boulevard Il-riprovel-rients 5% Seacrest Boulevard 5% } TRED30015.19-1st Street Sidewalk Improvements Design Consulting Services.indd 25 Pa e 595 of 1055 96 `-= s _ _ t n3-`spy tr•it A' ;-. In addition,the table below illustrates the projected availability of our key project members to serve the City on this contract at notice to proceed: Marwan Mufleh, RE, Client Service Manager 70% Eric Regueirc, P.E., ENV 113P Assistant Project Manager 75% Brandon Kern, El Roadway/Civil Engineer 70% Fria El-ril-rions, G SP Transportation/Complete Streets/ 70% Community Outreach Typicall Workload of Pro, ect Mainagers Project management is both an art and a science at Kimley-Horn.We employ a structured approach to all of our projects integrating resource, schedule, and budget management for each project in which we are involved.We know that each and every project is an important part of your community's development, and we provide the pool of resources necessary to support each project manager who is driven to deliver the highest quality products and services.The number of projects handled by Kimley-Horn project managers at any given time varies according to their area of practice and the size of projects. Marwan Mufleh,RE.typically manages between five and ten projects at once. By virtue of conducting regular project coordination meetings and utilizing key project staff to lead and oversee production of specific deliverables on a given project, Marwan is able to manage multiple projects while maintaining the quality of work and proactively communicating with clients. Marwan will devote the time required to effectively oversee and manage City assignments awarded under this contract.We are committed to the success of your project,and we are well-equipped to provide team members and the technical resources to ensure this success in a timely manner. Pro]I ec' 6 r lf ,]I ect Management0tivitie Kimley-Horn recognizes that both a strong project manager and experienced management team are necessary to successfully serve the City and exceed your expectations for each assignment. Our project manager, Marwan Mufleh,RE. will direct each assignment that arises from this contract. He will have complete authority to allocate Kimley-Horn resources and will be fully accessible to the City of Boynton Beach. Our standard management practices require that project managers prepare a detailed work plan and management plan for each assignment.The work plan includes all project elements such as staffing, schedule, project requirements, and implementation strategies. Our approach to project management is characterized by the following philosophies and policies, which are ingrained in Kimley-Horn's culture: ® Our project management plan will promote efficiency, clarify communication protocols,and provide project direction ® Our project management plan will clearly identify the staffing requirements, schedule, budget,and plan for effective quality control and independent reviews, producing a result that exceeds expectations ® We will view the project from your perspective,examine issues in a strategic context,and provide you with tactical solutions In short,Kimely-Horn has a no-nonsense,team-oriented, results-driven management approach that is saturated with top-quality, highly motivated professionals who consistently produce superior results.We have the depth of resources, local experience,and diversity of expertise to meet any needs that arise under Boynton Beach's SE 1 st Street Sidewalk Improvements Design Consulting Services Contract. Kimle TRED30015.19-1st Street Sidewalk Improvements Design Consulting Services.indd 26 Pa e 596 of 1055 `-= s _ _ t n3-`spy tr•it A' ;-. Subcoinsultaints Providingr them Hive f the Work We estimate that the following subconsultants will provide more than 5% of the work for this project: Inc.,— Geotechnical, Partha Ghosh, P.E. has 50%availability and Zhijun Pan, P.E. has 80%availability to work on this project as needed. Southeastern r° e r° , Inc. ,— Cultural Resources ment, The SEARCH Transportation Group is led by Beth Chambless, MS, RPA,who is supported by a team of 25 archaeologists, architectural historians, historians, GIS specialists,and support personnel,who are able to utilize the expertise and resources of the entire company. Kimle TRED30015.19-1st Street Sidewalk Improvements Design Consulting Services.indd 27 Pa e 597 of 1055 96 `-= s _ _ t n3-`spy tr•it A' ;-. Section 5 Demonstrated Federall I II w l Enhancements Delray3Pacl7, f- After the completion of 1-95 and Florida's Turnpike in the late 1980s, there was a greatly diminished need for six north-south travel lanes on US 1 through Delray Beach.This wide corridor through the Downtown area encouraged high speeds and last-minute Zane changes near Atlantic Avenue, resulting in a high rate of crashes.There was a desire to put US 1 on a"road diet" by reducing the through lanes from three to two in each direction.This would also allow the transformation of the corridor into a - pedestrian- and bicycle-friendly urban street with on-street parking, wider �� sidewalks, and streetscape improvements. In 2002,the City included the project in the Downtown Master Plan. Kimley-Horn embarked on a traffic study and coordinated with FDOT to get approval for the proposed road diet.However,US 1 between George Bush Boulevard and SE 10th Street had existed as six lanes for many years.Some were concerned that reducing the number of lanes would result in increased traffic in the Downtown area. Computer modeling and extensive research by Kimley-Horn staff, however, suggested otherwise. Prior to implementing a permanent reduction of travel lanes on US 1,the City and CRA asked Kimley-Horn to develop an approach that would effectively narrow the travel ways to two lanes,allowing follow-up studies to verify the findings of the earlier studies. Key elements of this design were that it needed to mimic the operation of the ultimate design to require drivers to use only two lanes, narrow the cross walk width at intersections,avoid adverse impact to existing drainage,maintain pedestrian mobility,and have the ability to obtain an FDOT permit for the work. Most challenging was the requirement that the measures taken to reduce the number of lanes needed to be easily reversed should the City and CRA determine they didn't want to proceed with implementing permanent improvements. Kimley-Horn developed a plan that used linking short segments of a high-strength plastic curb system that could be temporarily anchored to the pavement to create the narrowed roadways and received permit approval from FDOT.Temporary improvements were installed to study the real-world effects of fewer and narrower lanes and new signal timing plans on peak- and off-season traffic, driver operating speeds, and accident rates. The changes were in place for a year to allow sufficient time to gather seasonal and off-peak data.The results were even better than expected.Traffic levels did not increase, and average driver operating speeds and accident rates were reduced. In 2010, the CRA asked Kimley-Horn to move forward with designs for permanent improvements. By reducing north- and southbound US 1 (NE 6th Ave. and NE 5th Ave.) to two lanes each way and providing parking on the east and west sides of both avenues, City residents and visitors will soon enjoy the benefits of on-street, buffered parking; slower speeds and a safer, more pedestrian-friendly environment; landscaping ■r �' � beautification and decorative, environmentally sensitive street lighting; bicycle lanes; and a new sense of continuity with the Downtown area. In order to incorporate pedestrian friendly design features,Kimley-Horn was successful in applying for and receiving approval from FDOT for the Transportation Design for Livable Communities(TDLC)designation.This designation allowed the use of more flexible design criteria that considered the community environment,goals,and values. Kimley-Horn was also successful in obtaining approvals from FDOT for a number of design variations including reduction of the offset distance from curb to trees and light poles to provide for better sidewalk design.Kimley-Horn was successful in bringing together stakeholders including City,CRA, residents, retail business owners, FDOT and County from the planning phase to the final design of this important project.This was a local agency program(LAP)funded project. Initial cost estimate/Actual cost after completion: $14 million/$14 million (construction) Team: Marwan Mufleh, P.E.—Project Manager, 1920 Wekiva Way, Suite 200,West Palm Beach, FL 33411, Ph: 561.845.0665; Lynn Kiefer—Environmental Scientist,445 24th Street,Suite 200,Vero Beach, FL 32960, Ph: 772.794.4100 } TRED30015.19-1st Street Sidewalk Improvements Design Consulting Services.indd 28 Pa e 598 of 1055 96 MEW quil WE `-= s _ _ t n3-`spy tr•it A' ;-. Section 6 Approach to Scope of Work KnowIledge and Understandling Kimley-Horn is proud of our effort in helping the City of Boynton Beach win a$1.0 million grant award from the Palm Beach County Transportation Planning Agency(TPA)for this project.We enjoyed the close coordination with City staff, FDOT,and TPA in applying for the grant,presenting the project to the TPA,conducting public meetings, and collaborating on the concept design.This background information and the fact that we developed approximately 30% phase plans for the project will allow us to streamline the final design phase of the project with no learning curve.Our ability to manage the design moving forward will reduce demands on City staff and ensure continuity with all stakeholders.An important component of Local Agency Program(LAP) projects, such as this one, is the relationships with the grant/jurisdictional agencies and experience with LAP funded projects.Our firm has completed more than 40 LAP projects in the last ten years and our project manager has been working with FDOT District Four on a number of LAP projects including Federal Highway and most recently a similar project on Lowson Boulevard,both in Delray Beach. Furthermore, he has recently completed the design of similar multiuse path additions to two City streets in Pompano Beach working with FDOT District Four, Broward MPO,and the City.This recent experience will guide the City's project through the involved LAP process and ensure the grant funding is not jeopardized.Kimley-Horn is also working with the City on the Town Square redevelopment.Our team will ensure that all work on SE 1 st Avenue is well coordinated.Our design will ensure that the proposed work is in accordance with the original scope to be eligible for the grant funding,as we demonstrated in our recent meeting with FDOT,where we helped convince FDOT to pay for the roadway improvements, not just the shared-use/ multipurpose path. Based on the results of the public meeting and the passionate comments from the business community along the east side of the road,we developed a design that accommodated all users of the corridor.The proposed Shared-Use Path(SUP) provides an active transportation connection for pedestrians and bicyclists along SE 1 st Street from Woolbright Road to SE 2nd Avenue,while removing confilicts with existing commercial uses. It was important for businesses to maintain easy access, including loading zones,while avoiding conflicts with pedestrians and bicyclists. Since SE 1 st St is a City street, FDOT requires the design to meet Florida Greenbook criteria,similar to the criteria we used on all other municipal LAP projects.This means,typical sections,SUP,sidewalks, horizontal and vertical geometry,sight distance,ADA accessibility, traffic calming, horizontal clearances to obstacles,drainage,etc.must meet that criteria. During past meetings and with the pending coordination for the first phase of the project,our staff have established a solid understanding of the project requirements and the respective FDOT staff expectations. This puts our team in a strong position to assist the City and take the project to completion in an expeditious manner and further reducing the learning curve need to complete the project. The key items needed to receive Transportation Alternative Program (TAP)funding through FDOT are to ensure the project can be constructed within existing City right-of-way,obtain environmental clearance related to hazardous materials,and provide protection of historical structures.One of our first and most critical tasks is to design the roadway profile and driveway connections to ensure that all work can be done within existing road right-of-way. It is vitally important to avoid or keep temporary harmonization construction easements to an absolute minimum and to inform and involve the FDOT Right-of-Way Office staff early in the process.Given that this project is a LAP project,there are specific submittal requirements and checklists necessary to achieve project approval through FDOT for funding.The following are the anticipated submittal requirements: ro Preliminary Phase Submittal—Because of our previous work on the project,we will be able to make this submittal as soon as our team receives notice to proceed(NTP)which includes a project location map and description of scope of work. rd Environmental Documentation—This can be started immediately once NTP is received.Our staff will prepare the Categorical Exclusion environmental documents,and our specialty consultants will prepare the required Cultural Resource Assessment Study.This is a crucial step in the development of the project to complete early and will be tracked all the way through the project as it will require final approval from FDOT's Central Office in Tallahassee. rd Initial i —The majority of this work has already been completed with our current 30%design plans.Adjustments may be necessary depending on the Environmental Documents findings and road profile fine tuning.Once the Environmental Documents have been completed and submitted,we can complete this phase approximately two months after NTP. rd Constructabillity Phase Submittal—This phase is equivalent to 80%-90%complete design plans.We anticipate approximately three months of effort once we have received all comments from FDOT on the initial phase documents. rd Production i —This submittal is considered the 100%signed and sealed phase and will require having completed and cleared all right-of-way related issues,utility conflict resolution, permits,and funding agreements. Kimle TRED30015.19-1st Street Sidewalk Improvements Design Consulting Services.indd 29 Pa e 599 of 1055 96 HEW quil WE `-= s _ _ t n3-`spy tr•it A' ;-. We understand the City wants the first task in the design to be the improvements to the intersection at SE 1 st Street.For SE 12th Avenue, we anticipate preparing a separate set of construction drawings to bid separately prior to SE 1 st Street.We propose to build on our innovative conceptual design for the intersection,which the City approved,and move ahead to prepare the 60%design level.We will then submit for permitting with the railroad company and proceed to the 90%and final design levels.We have recently coordinated with FEC railroad for the Lowson Boulevard LAP project crossing and will be dealing with the same FEC staff on this project. Typilcall S ctilonS We prepared a number of typical section alternatives that were discussed at the public meeting. Based on the feedback from the public, a Shared-Use Path along the westside became the preferred alternative.The east side of SE 1 st Street has many driveway connections, private parking,and loading zones that the typical section accommodates. Traffic Callmling and BilcycWPedestrilan Moblillilty As part of our initial task for developing the concept plans for this project,we prepared a traffic calming study and reviewed the existing conditions of the neighborhood.As the public expressed safety concerns with the alignment of the SE 12th Avenue intersection,the City asked us to look for solutions.The need for the realignment of the SE 12th Avenue intersection presented an opportunity for a roundabout intersection solution that would address the alignment issue while contributing to the desired traffic calming.This alternative was well received by City staff.The property at the SE corner of the SE 12th Avenue intersection encroaches into the street right-of-way.We will provide alternative designs to improve safe access for it. U IIIiC Outreach Our goal with public outreach will be to conduct an open and transparent project forum for the residents and business owners.We will build upon the information received from the first public meeting Kimley-Horn led and continue to evolve the project through design.The communication team who previously participated in the first public meeting will be responsible for conducting additional meetings,offering the community consistency and credibility with the design staff.We will invite adjacent business owners,as well as neighborhood and home owners into small groups,to a public meeting to better manage and explain the project and solicit input. Drallinage and Permlitfing There are drainage issues on the corridor and the City has plans to improve it.We will coordinate with the City's Utilities Department to incorporate drainage improvements in the design of this project and take advantage of the construction by upgrading existing water main and services as needed. Our approach with SFWMD will be to obtain an exemption for sidewalk and bike lane/shoulder improvements. If granted, no water quantity and quality provisions will be required.However, based on field conditions, budgets,and coordination with the City,stormwater provisions including exfiltration trenches will be provided to alleviate flooding. n iin rgS Estilmates, Speclificatilons, and Bilddling LAP projects require a special cost estimate form to be accepted by FDOT This form separates quantities for items covered under the grant and those that are not.Care must be taken in setting up the estimate to maximize the grant funds.We will prepare the project manual based on the City's latest boilerplate document and include the schedule of bid items in accordance with FDOT LAP requirements. We will coordinate closely with the City's Project Manager and the Purchasing Office to ensure the most current document meets their expectations.We have always been and will continue to be very responsive to any request for information(RFI)from bidders and expeditiously prepare any needed addenda.We will provide bid review services,tabulation,and recommendation for award. M111111ty Coordlinatilon The FDOT LAP process requires the City,through their consultant,to submit certification and documentation to show that all utility coordination is completed and potential conflicts resolved.We will provide the utility coordination on the project and will provide the City and FDOT with the required information and the certification letter.We coordinated closely and individually with utility owners,giving them numerous reminders to ensure they are actively addressing the conflicts. FPL owns many of the existing power poles that can be in conflict with proposed construction.These poles are often jointly used with cable television and telephone. FPL has a system to enter the location of poles in conflict which communicates updates to the other utility owners to allow progress in the removal of all utilities.We will work closely to help FPL with the pole locations to expedite the process.We will also prepare relocation schedule commitment documents for utility owners signatures,as we do on projects for other clients.This document elevates the utility owner's commitment and lets them schedule the project in their system for design, procurement,and construction. Post Deslign Support UFIIn Con true ilon We understand the LAP process requires the City to have a consultant other than the designer to provide construction administration services.Our role as the designer of record will be to assist the City with Post Design Services.Under these services,we will be very responsive,as we have demonstrated in the past,while reviewing contractor's shop drawings, responding to contractor's requests for information,attending any required meetings,and making any plan revisions. Kimle TRED30015.19-1st Street Sidewalk Improvements Design Consulting Services.indd 30 Pa e 600 of 1055 `-- s _ - t n3-qtr•it A' ;-. - MEW quil Section 7 References — Past Performance Kimley-Horn's most valued asset is our ability to maintain lasting relationships with our respective clients.We gauge our success by the longevity of our partnerships with esteemed clients.Kimley-Horn has a reputation for helping our clients achieve success.We listen to their needs, meet their schedules,accomplish their missions,deliver results,and exceed expectations.Our employees are taught to respect and appreciate their clients and put forth the extra effort to guarantee those clients return to us at the next opportunity.We invite you to �, contact our references to acquire firsthand testimonials regarding the outstanding quality of service we routinely provide. Name f Agency: City of Boynton Beach CRA Address: 710 N Federal Hwy, Boynton Beach, FL 33435 Contact :Thuy Shutt „> _ Phone: 561.600.9098 r t Name f Agency: City of West Palm Beach Address: 401 Clematis Street,West Palm Beach, FL 33401 Contact Name: Khanh Uyen Dang, P.E. Phone: 561.494.1116 Name f Agency: City of Lake Worth -Address: 7 North Dixie Highway, Lake Worth, FL 33460 Contact Name: Brian Shields, P.E. Phone: 561.586.1675 Kimle � i•• } �tt �t\i�`a � ) p3� i > i i T�� IIIIIIIiii } r� �/ TRED30015.19-1st Street Sidewalk Improvements Design Consulting Services.indd 31 Pa e 601 of 1055 y, A PROPOSER ACKNOWLEDGEMENT Submit RFQ's To: PROCUREMENT SERVICES CITY OF BOYNTON BEACH 3301 Quantum Boulevard, Suite 101 Boynton Beach, FL 33426 Boynton Beach, Florida 33425-0310 Telephone: (561)742-6322 RFQ Title: "SE 1sT STREET SIDEWALK IMPROVEMENTS DESIGN CONSULTING SERVICES" RFQ Number: 035-2413-19/MFD RFQ Due On: June 20, 2019,at 3:00 P.M. (LOCAL TIME) RFQ's will be publicly opened and recorded for acknowledgement of receipt in Procurement Services, unless specified otherwise,on: June 20,2019,at 3:00 P.M.(LOCAL TIME)and may not be withdrawn within ninety (90)days after such date and time. Name of Vendor: Kimely-Horn and Associates, Inc. Federal I.D. Number: 56-0885615 North Carolina A Corporation of the State of: Area Code: 561 Telephone Number: 845.0665 863.8175 Area Code: 561 FAX Number: Mailing Address: 1920 Wekiva Way, Suite 200 CITY/State/Zip: West Palm Beach, FL 33411-2410 Email Address: marwan.mufleh@kimley-horn.com Authorized Sig ature Marwan Mufleh, P.E, Senior Vice President Name Typed THIS PAGE MUST BE SUBMITTED ALONG WITH RESPONSE IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 32 5 w rx PROPOSER'S QUALIFICATION STATEMENT The undersigned certifies under oath the truth and correctness of all statements and of all answers to questions made hereinafter: SUBMITTED TO: City of Boynton Beach Procurement Services 3301 Quantum Boulevard, Suite 101 Boynton Beach, Florida 33426 Check One Submitted By: Corporation X Kimley-Horn and Associates, Inc. Name: Partnership Address: 1920 Wekiva Way, Suite 200 Individual CITY, State, Zip: West Palm Beach, FL 33411-2410 Other Telephone No.: 561.845.0665 Fax No.: 561.863.8175 1. State the true, exact, correct and complete name of the partnership, corporation,trade or fictitious name under which you do business and the address of the place of business. The correct name of the Proposer is: Kimley-Horn and Associates, Inc. The address of the principal place of business is: 421 Fayetteville Street, Suite 600, Raleigh, NC 27601 2. If Proposer is a corporation, answer the following: a. Date of Incorporation: 1967 b. State of Incorporation: North Carolina C. President's name: Steve Lefton Barry Barber, Steve Blakley, Paul Danielson,William Dvorak Jr.,James Hall, d. Vice President's name: Emmeline Montanye, Brent Mutti, Brooks Peed, Michael Schiller, Bradbury Tribble e. Secretary's name: Richard Cook f. Treasurer's name: David McEntee Marwan Mufleh, P.E. g. Name and address of Resident Agent: 1920 Wekiva Way, Suite 200, West Palm Beach, FL 33411-2410 33 5 3. If Proposer is an individual or a partnership, answer the following: N/A a. Date of organization: b. Name, address and ownership units of all partners: c. State whether general or limited partnership: 4. If Proposer is other than an individual, corporation or partnership, describe the organization and give the name and address of principals: N/A 5. If Proposer is operating under a fictitious name, submit evidence of compliance with the Florida Fictitious Name Statute. N/A 6. How many years has your organization been in business under its present business name? 52 Under what other former names has your organization operated? N/A 7. Indicate registration, license numbers or certificate numbers for the businesses or professions, which are the subject of this Bid. Please attach certificate of competency and/or state registration. See Section 8 8. Did you attend the Pre-Proposal Conference if any such conference was held? YES = NO 9. Have you ever failed to complete any work awarded to you? If so, state when,where and why: No 34 5 10. List the pertinent experience of the key individuals of your organization(continue on insert sheet, if necessary) See Section 3 11. State the name of the individual who will have personal supervision of the work: Marwan Mufleh, P.E. 12. State the name and address of attorney, if any,for the business of the Proposer: Richard Cook 421 Fayetteville Street, Suite 600 Raleigh, NC 27601 13. State the names and addresses of all businesses and/or individuals who own an interest of more than five percent (5%) of the Proposer's business and indicate the percentage owned of each such business and/or individual: Kimley-Horn is a privately held, employee-owned corporation with ownership shared among 238 employees. Our employee owners are the sole stockholders of the company and are the pro essiona s who directly serve our clients. 1 he operations of the firm are not influenced by non- employee owners whose interests may conflict with client service. Since ownershi is spread 44 rest of the firm, the company is positioned for long-term stability. 14. State the names,addresses,and the type of business of all firms that are partially or wholly owned by Proposer: N/A 15. State the name of Surety Company which will be providing the bond (if applicable), and name and address of agent: N/A 35 5 16. Annual Average Revenue of the Proposer for the last three years as follows: Revenue Index Number a. Government Related Work 10 b. Non-Governmental Related Work 10 Total Work(a +b): 20 Revenue Index Number 1. Less than $100,000 2. $100,000 to less than$250,000 3. $250,000 to less than$500,000 4. $500,000 to less than$1 million 5. $1 million to less than $2 million 6. $2 million to less than $5 million 7. $5 million to less than $10 million 8. $10 million to less than$25 million 9. $25 million to less than$50 million 10. $50 million or greater 17. Bank References: Bank Address Telephone Wells Fargo 150 Fayetteville Street, Suite 600 919.881.7022 18. Provide description of policies and methods for project monitoring and budgeting control as well as adherence to project schedule(continue on insert sheet, if necessary). See Section 6 19. Provide descriptions of quality assurance/quality control management methods (continue on insert sheet, if necessary): See Section 6 36 5 20. Is the financial statement submitted with your proposal (if applicable) for the identical organization named on page one? YES [T—] NO 21. If not, explain the relationship and financial responsibility of the organization whose financial statement is provided (e.g., parent-subsidiary). N/A 22. What will be your turnaround time for written responses to City inquires? 24 Hours via email responses 23. List and describe all bankruptcy petitions (voluntary or involuntary) which have been filed by or against the Proposer, its parent or subsidiaries or predecessor organizations during the past five (5) years. Include in the description,the disposition of each such petition. None 24. List all claims, arbitrations, administrative hearings and lawsuits brought by or against the Proposer or its predecessor organization(s) during the last five (5) years. The list shall include all case names, case arbitration or hearing identification numbers, the name of the project which the dispute arose, and a description of the subject matter of the dispute. See attached Litigation Report 25. List and describe all criminal proceedings or hearings concerning business related offenses to which the Proposer, its principals or officers or predecessors'organization(s)were defendants. None 37 Page 68F of5 26. Has the Proposer, its principals, officers or predecessors'organization(s)been convicted of a Public Entity Crime, debarred or suspended from bidding by any government during the last five(5)years? If so, provide details. No The Proposer acknowledges and understands that the information contained in response to this Qualification Statement shall be relied upon by owner in awarding the contract and such information is warranted by Proposer to be true. The discovery of any omission or misstatement that materially affects the Proposer's qualifications to perform under the contract shall cause the owner to reject the proposal, and if after the award, to cancel and terminate the award and/or contract. (Signed) Senior Vice President (Title) Subscribed and sworn to before me June This 0 day of 2019 — "2� _Vt ,yn► Notary Public State of Florida C/Notary Public(Signature) Jeanne M.Doucet a My Commission GG 208431 Expires 08/12/2022 My Commission Expires: OS/1 THIS PAGE MUST BE SUBMITTED ALONG WITH RESPONSE IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 38 Page5 A D D E N D A CITY OF BOYNTON BEACH FLORIDA RFQ No. 035-2413-19/MFD - "SE 1ST STREET SIDEWALK IMPROVEMENTS DESIGN CONSULTING SERVICES" PROPOSER: Kimley-Horn and Associates, Inc. DATE SUBMITTED: 6/19/2019 We propose and agree, if this submittal is accepted, to contract with the City of Boynton Beach, in the Contract Form, to furnish all material, equipment, machinery, tools, apparatus, means of transportation, construction, coordination, labor and services necessary to complete/provide the work specified by the Contract documents. Having studied the documents prepared by: CITY OF BOYNTON BEACH ADDENDUM NO. DATE ADDENDUM No. DATE 1 5/20/2019 ❑ NO ADDENDUM WAS RECEIVED IN CONNECTION WITH THIS BID THIS PAGE MUST BE SUBMITTED ALONG WITH RESPONSE IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 39 5 The City of Boynton Beach Finance/Procurement Services P. O. Box 310 k� Boynton Beach,Florida 33425-0310 ` Telephone: (561)742-6310 FAX: (561)742-6316 a ADDENDUM No. 1 DATE: May 20, 2019 BID TITLE: SE 1sT STREET SIDEWALK IMPROVEMENT DESIGN CONSULTING SERVICES BID NO.: 035-2413-19/MFD 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 s#F+kethfflugh-type are deletions from existing text. Words in bold, underlined type are additions to existing text. 1. The bid opening date remains as June 20, 2019 at 3:00 PM. The location remains unchanged. 2. On page 10 under Tab 5 (Demonstrated Knowledge) please strike One (1) eempleted and add One 1 complete project submission relating to municipal roadway design, permitting and construction. 3. On page 10, Tab 5 (Demonstrated Knowledge) please strike Max. 6 Rages and add Max. 1 page. Sincerely, (\`//.` • R ,�/!•i '.fit Tim W. Howard Assistant City Manager-Administration cc: Finance/Procurement 40 Page 610 of 1055 The City of Boynton Beach Finance/Procurement Services P. O.Box 310 Boynton Beach,Florida 33425-0310 Telephone: (561) 742-6310 FAX- (561) 742-6316 ACKNOWLEDGEMENT OF ADDENDUM No. 1 SE 1ST STREET SIDEWALK IMPROVEMENT DESIGN CONSULTING SERVICES BID NO.:035-2413-19/MFD 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. Marwan H. Mufleh, P.E. PRINT NAME OF REPRESENTATIVE SIGNATURE OF REPRESENTATIVE Kimley-Horn and Associates, Inc. June 18, 2019 NAME OF COMPANY DATE 41 Page 611 of 1055 K ANTI-KICKBACK AFFIDAVIT STATE OF FLORIDA ) SS COUNTY OF PALM BEACH ) I,the undersigned hereby duly sworn,depose and say that no portion of the sum herein submitted will be paid to any employees of the City of Boynton Beach as a commission,kickback, reward of gift, directly or indirectly by me or any member of my integrator or by an officer of the corporation. By: A.-- 4, NAME- SIGNATURE Sworn and subscribed before me this 10th day of June 20 19 Printed Information: Marwan Mufleh, P.E. NAME Senior Vice President TITLE NCITARY PUBLIC, State of Florida at Large Kimley-Horn and Associates, Inc. COMPANY aNotary Public State of Florida Jeanne M.Doucet My Commission GG 208431 Expires 08/12/2022 "OFFICIAL NOTARY SEAL"STAMP THIS PAGE MUST BE SUBMITTED ALONG WITH RESPONSE IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 42 5 i I NON-COLLUSION AFFIDAVIT OF RESPONDENT I State of Florida � County of Orange i Marwan Mufleh, P.E. being first duly sworn, deposes and says that: Senior Vice President Kimley-Horn and Associates, Inc. 1) He is of the proposer that (Title) (Name of Corporation or Integrator) has submitted the attached RFQ: I 2) He is fully informed respecting the preparation and contents of the attached submittal and of all pertinent circumstances respecting such submittal; 3) Said RFQ is genuine and is not a collusive or sham RFQ; 4) Further, the said proposer nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly with any other proposer, integrator or person to submit a collusive or sham RFQ in connection with the Contract for which the attached RFQ has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communications or conference with any other proposer, integrator or person to fix the price or prices in the attached RFQ or of any other proposer, or to fix any overhead, profit or cost element of the RFQ price or the RFQ price of any other proposer, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the City of Boynton Beach„ or any person interested in the proposed Contract; and 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 proposer or any of i agents, representatives, owners, employees, or parties in interest, inclugling this affia (Signed) /�� Senior Vice President (Title) Subscribed and sworn to before me This 10th _day of June 20 19 g V P� Notary Public state of Florida Jeanne M.Doucet My commission GG 208431 N ry Public(Sighature) Explres 081212022 My Commission Expires: e_ / I THIS PAGE MUST BE SUBMITTED ALONG WITH RESPONSE IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 43 5 'W 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 to make it an official part of with your RFQ responses. 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 x If YES, Name the Organization from which this certification was obtained and date: Issuing Organization for Certification Date of Certification THIS PAGE MUST BE SUBMITTED ALONG WITH RESPONSE IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 44 5 CERTIFICATION PURSUANT TO FLORIDA STATUTE § 287.135 Marwan Mufleh, P.E., Senior Vice President on behalf of Kimley-Horn and Associates, Inc. certify Print Name and Title Company Name Kimley-Horn and Associates, Inc. that does not: Company Name 1. Participate in a boycott of Israel; and 2. Is not on the Scrutinized Companies that Boycott Israel List; and 3. Is not on the Scrutinized Companies with Activities in Sudan List; and 4. Is not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List; and 5. Has not engaged in business operations in Syria. Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to the Contractor of the City's determination concerning the false certification. The Contractor shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If the Contractor does not demonstrate that the City's determination of false certification was made in error then the City shall have the right to terminate the contract and seek civil remedies pursuant to Florida Statute § 287.135. Section 287.135, Florida Statutes, prohibits the City from: 1) Contracting with companies for goods or services in any amount if at the time of bidding on, submitting a proposal for, or entering into or renewing a contract if the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, F.S. or is engaged in a boycott of Israel; and 2) Contracting with companies, for goods or services over $1,000,000.00 that are on either the Scrutinized Companies with activities in the Iran Petroleum Energy Sector list, created pursuant to s. 215.473, or are engaged in business operations in Syria. As the person authorized to sign on behalf of the Contractor, I hereby certify that the company identified above in the section entitled "Contractor Name" does not participate in any boycott of Israel, is not listed on the Scrutinized Companies that Boycott Israel List, is not listed on either the Scrutinized Companies with activities in the Iran Petroleum Energy Sector List, and is not engaged in business operations in Syria. I understand that pursuant to section 287.135, Florida Statutes, the submission of a false certification may subject the company to civil penalties, attorney's fees, and/or costs. I further understand that any contract with the City for goods or services may be terminated at the option of the City if the company is found to have submitted 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 Enj4gy Sector List. Kimley-Horn and Associates, Inc. Alw COMPANY NAME SIGNATURE Marwan Mufleh, P.E. Senior Vice President PRINT NAME TITLE 45 Page 818 CONFIRMATION OF DRUG-FREE WORKPLACE IDENTICAL TIE SUBMITTALS Preference shall be given to businesses with drug-free workplace programs. Whenever two or more submittals which are equal with respect to price, quality, and service are received by the City of Boynton Beach or by any political subdivision for the procurement of commodities or contractual services, a submittal received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie submittals will be followed if none of the tied vendors have a drug- free workplace program. In order to have a drug-free workplace program, a business shall: 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. 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. Give each employee engaged in providing the commodities or contractual services that are under submittal a copy of the statement specified in subsection (1). In the statement specified in subsection (1), notify the employee that, as a condition of working on the commodities or contractual services that are under submittal, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or- plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than 5 days after such conviction. 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. 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 integrator complies fully with the above requirements. Vendor's Signature: Marwan Mufleh, P.E., Senior Vice President THIS PAGE MUST BE SUBMITTED ALONG WITH RESPONSE IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 46 5 U) .@ ® 0 0 .g = / / _ ? § \ / w E / 2? 2 m /% / Ek U) § g � of a % 5 u / \ L) a @ U o @ o e e e o y � o / CL f K LU 0 -0 o = 2 0 bo \ £ w _/ / / $ § a U) � \ .# U b \ U b [2 c c c c / � \ k / � � � � @ § LU CO CO LU r- a) 0 / / - - CO m _ 2 W % .g 0 2 0 o e LU \ § \ 00 \ / C14 C14 E � 0 £ » $ b b R Cl) = c is LL CD / / \ \ \ \ § $ � \ \a \ . o o Cl) CL ( / 22 0 04 0 e \ v & ) w o ® \ _/ / 2 E 2 U � O / ® - 0 / ° E / ) 6 O E ° U) \ e 2 e > .g � LU o@c # ° % k 2 p ,54- 7 / \ \/ � W \ 2R g = e = o w 222 0 / % I oma£ ■ 2 � § ° 0 \ / =- Z3 ) ƒ \\ \ / Ea) � 2 2 E= n / o 0 2 .R 0 0kku 0 § 7 \ 7 / k / a / 29 r_ / = a = T$ LU dLL- Lr ) ƒ \ ° ® J ; ® = o \ / 0) cu7 k � \ / \ m o = .@ / J § / E \ CO \/ \ \ = 2 = .2LU �\ 2 J of / 2 \ f a) a) _ %2 & .E._ b CO f § = q » 0 ._ \ « \ ¢@ e a) » c cu 2 b � \ \ LdE :5 / § /\ k U) 0 -0 E 55'Et �/ E Ia § / % / CO ° CO$ ) E a-) e ° co 0 2 = o3 = \ \ U y@2 ® R = c 7 @ O a e . ......... PALM BEACH COUNTY INSPECTOR GENERAL ACKNOWLEDGMENT REQ NO.: 035-2413-19/MFD "SE 1ST STREET SIDEWALK IMPROVEMENTS DESIGN CONSULTING SERVICES" The Consultant is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of this Contract, and in furtherance thereof may demand and obtain records and testimony from the Consultant and its subcontractors and lower tier subcontractors. The Consultant understands and agrees that in addition to all other remedies and consequences provided by law, the failure of the Consultant 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. Kimley-Horn and Associates, Inc. FIRM NAME Marwan Mufleh, P.E. /49-- A#1 By Senior Vice President Title: 6/10/2019 Date: THIS PAGE MUST BE SUBMITTED ALONG WITH RESPONSE IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 48 5 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: Kimley-Horn and Associates, Inc. NAME OF BUSINESS: Is the business located within the City limits of Boynton YES NO Number of Years: Beach, Florida? Does the business have a business tax receipt issued in YES NO Business License the current year? Number: Is the business registered with the Florida Division of YES NO Corporations? I understand that misrepresentation of any facts in connection with this request may be cause for removal from the certified local business list. I also agree that the business is required to notify t City in writing should it cease to qualify as a local business. Marwan Mufleh, P.E., Senior Vice President Print Name: Signature/.--'., ***FOR PURCHASING USE ONLY*** Business License ❑ Year Established: ❑ Active: Verified by: Date: 49 Page Gq9 Licenses and Certifications F BPE Ow STATE OF FLORIDA BOARD OFPROF(i ESSIONAL ENGINEERS rr,�� r THE ENGINEERING BOS xIESl UNDER THE PROVISIQtN1FII!#} „ 1.FIO 9 ATUTES , j �LICEN$fN� U °CA6 6 EXPIRATION DATE:FEBRUARY 28,2D21 Always verify licenses online at MyFI,mdaLicense.com Do not alter this document in any form. (]`r This is your license.It is unlawful for anyone other than the licensee to use this document. RICK SCOTT,GOVERNOR JONATHAN ZACHEM,SECRETARY STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION BOARD OF LANDSCAPE ARCHITECTURE yY ;Y 3I LCC000219 The LANDSCAPE ARCHITECT BUSINESS # Named below HAS REGISTERED .M. e ,,✓ Under the provisions of Chapter 481 FS Expiration date: NOV 30,2019 KIMLEY-HORN AND ASSOCIATES:INC' 421 FAYETTEVILLE STREET SUITE 600 RALEIGH NC 24601 e ISSUED: 11/06/2017 DISPLAY AS REQUIRED BY LAW seon L1711060001566 Florida Department of Agriculture and Consumer Sen ices Division of Consumer services I is Ise No.LB696 �y Board of Professional Surveyors and Mappers E phHt—Date Fefar-ly28,2021 2005 Apalachee Pl.way Tallahassee,Florida 32399-6500 Professional Surveyor and Mapper Business License Under the provisions of Chapter 472,Florida SLdntes KLMLEY-HORN AND ASSOCIATES,INC. Q 421 FAYETTEVILLE ST STE 600 I Y�r RALEIGH,NC 27601-7777 CI NICOLE"NIKKI"PRIED COMMISSIONER OF AGRICULTURE, 0casco—y"He' JONATHAN—MSECIR—Yd rt, r 000W.. STATE OF FLORIDA DEPARTMENT OFBUSINESSA PPRQFESSIONALREGULATION ' %' BOARDF F�I�QFrJONALEOOGISTS THE GEOLOG"t§USINESr�, .(N DERTHE PROVIS(9Ni SfOF HAFT 492�Lb1� ki STAUTES AW,a t{r }tit L i /1A kl\ 1 KIMLEI( �## C? �Ef',S INC T� t� " EXPIRATfOE;,J{JLY 31,2020 Always verify licenses online at MyFloridaLi....e.com O O Do not alter this document in any form. This is your license.It is unlawful for anyone other than the licensee to use this document. KimleMorn 0: TRED30015.19-1st Street Sidewalk Improvements Design Consulting Services.indd 50 Pa e 620 of 1055 96 `-- sANNUM _ - t n3-qtr•it A' ;-. - FBPE,� Ron oesa�cs cbver�or _ FLORIDA BOARD OF PNOF6StONALEM1YMtF%S STATE OF FLORIDA BOARD OF P IO �SIONAL ENGINEERS THE PROFESSIONAtfG�LJRT 151NSED UNDER THE PROVISIONS p CH1 FL / STATUTES It'i r st jlrs g 0� 41 �� v i E�`��AN ' urB ' t � _ . LI�EtIk IUIIBR SES f29 EXPIRATION DATE: FEBRUARY 28,2021 Always verify licenses online at MyFloridaLicense.com Do not alter this document in any form. I This is your license.It is unlawful for anyone other than the licensee to use this document. RICK SCOTT,GOVERNOR JONATHAN—HEM,SECRETARY can db2pr hronwgcrv' STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION BOARD OF PROFESSIONAL ENGINEERS THE PROFESSIONAL ENGINEER HEREIN JIS LICENSED UNDER THE PROVISIONS OF CHARTER 471,FLORIDA STATUTES REGUEIRQ,ERIC 211 S ALICE WAY ANAHEIM CA 92846 LICENSE NUMBE� � R PE86211 EXPIRATION DATE: FEBRUARY 28,2021 Always verify licenses online at MyFloricial-icense.com Do not alter this document in any form. ■ This is your license.It is unlawful for anyone other than the licensee to use this document. Kimle TRED30015.19-1st Street Sidewalk Improvements Design Consulting Services.indd 51 Pa e 621 of 1055 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 $ 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 ------------------------------------------------------------------------------------------------------------------------------------------- INSURANCEADVISORYFORM05 Revised 11/2012 THIS PAGE MUST BE SUBMITTED ALONG WITH RESPONSE IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 52 Page 622 -of q 845 Client#: 25320 KIMLHORN DATE(MM/DD/YYYY) ACORDTM CERTIFICATE OF LIABILITY INSURANCE 3/26/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Jerry Noyola Greyling Ins. Brokerage/EPICPHONE 770-552-4225 FAX 866-550-4082 A/C,No,Ext): (A/C,No): 3780 Mansell Road,Suite 370 E-MAIL no ola re Iln ADDRESS: er ry• Y @g Y g•com Alpharetta, GA 30022 INSURER(S)AFFORDING COVERAGE NAIC# INSURERA: National Union Fire Ins.Co. 19445 INSURED INSURER B:Aspen American Insurance Company 43460 Kimley-Horn and Associates, Inc. INSURER C: New Hampshire Ins.Co. 23841 421 Fayetteville Street,Suite 600 INSURER D: Lloyds of London 085202 Raleigh, NC 27601 INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER: 19-20 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 CONTRACTOR 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 LIMITS LTR INSR WVD POLICY NUMBER MM/DD/YYYY MM/DD/YYYY A X COMMERCIAL GENERAL LIABILITY 5268169 04/01/2019 04/01/2020 EACH OCCURRENCE $1,000,000 CLAIMS-MADE [*OCCUR PREMI6ESOEa occur°nce $500,000 X Contractual Llab. MED EXP(Any one person) $25,000 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 PRO- PPOLICY X JECTPRO- X LOC PRODUCTS-COMP/OP AGG $2,000,000 OTHER: $ A AUTOMOBILE LIABILITY 4489663 04/01/2019 04/01/202 COEaMBINED ccidentSINGLE LIMIT $1,000,000 a X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY(Per accident) $ HIRED NON-OWNED PROPERTY DAMAGE X AUTOS ONLY X AUTOS ONLY Pera ccident $ B UMBRELLA LIAB X OCCUR CX005FT19 04/01/2019 04/01/2020 EACH OCCURRENCE $5 000 000 X EXCESS LIAB CLAIMS-MADE AGGREGATE s5,000,000 DED I X RETENTION$O $ C WORKERS COMPENSATION 015893685 AOS 04/01/2019 04/01/202 X PER OTH- AND EMPLOYERS'LIABILITY (AOS) STATUTE ER A ANY PROPRIETOR/PARTNER/EXECUTIVE 015893686(CA) 04/01/2019 04/01/202 E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? N N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 D Professional Liab B0146LDUSA1904949 04/01/2019 04/01/2020 Per Claim$2,000,000 Aggregate$2,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Proof of Insurance CERTIFICATE HOLDER CANCELLATION Sample Certificate SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE p THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016/03) 1 of 1 The ACORD name and logo are registered marks of ACORD Page 623 of 1055 #S 1529122/M1513917 J N OY1 7.F. Consent Bids and Purchases over $100,000 9/15/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 9/15/2020 Requested Action by Commission: Proposed Resolution No. R20-103-Award RFP No. 034-2410- 19/EM and authorize the City Manager to enter into a contract with Sages Network Inc. for a contract amount of$571,300.00 over a period of five (5) years for Electronic Plan Review Submittal and Markup Management System with Mobile Inspection Software. Explanation of Request: The City of Boynton Beach is seeking a qualified firm for Electronic Plan Review Submittal and Markup Management System with Mobile Inspection Software. On July 8, 2019, Procurement Services opened and tabulated five (5) proposals for RFP No. 034-2410- 19/EM for Electronic Plan Review Submittal and Markup Management System with Mobile Inspection Software. The proposals were reviewed by an evaluation committee which consisted of Information Technology Services Director, Information Technology Services Support Manager, Development Building Official and Development Services Manager. The City completed its initial evaluation of the written proposals, and due to much variance in the pricing proposals received and some discrepancies in the information provided it was determined that further clarification and price verification was needed regarding the proposals. Therefore, Request for Best and Final Offers were solicited 8/23/19 and evaluated 10/15/19. The initiative was placed "ON HOLD"for further review and budgetary reasons and the City decided to recently to reconsider moving forward with the initiative. Therefore, due to the length of time that had passed, price verification and demonstrations were requested with the top two ranked firms. As a result of additional questions with further clarification &verification during the demonstrations, the number 1 ranked firm idtPLANS, stated at close of the 9/03/20 demonstration that they were uncomfortable with honoring the original proposal pricing (option 1)for integration with Naviline. However, would still honor the end to end (option2) price proposal. Whereas Sages confirmed during their 9/04/20 demonstration and in writing capability to integrate with Central Sqaure Naviline and agreed to implement in phases, implementing Submission and Plan Review in phase 1, followed by Permitting and Inspections in phase I I if the City opted to implement Phase I I in the future. Therefore, it was determined by the Evaluation Team that I DT capability to interface with Naviline was questionable, which is essential, and is recommending award of Phase 1 to Sages Network Inc in the amount of$571,300.00 over a period of five (5) years due to their their confirmed ability to interface with Naviline. Phase 1 would cover the Electronic Plan Review submittal and Markup Management System. This is important to improve immediate efficiency. No data migration or previous submittal conversion at this time. Phase 1 Cost- $571,300. Phase 2 would cover the Permit and Inspection System. Phase 1 &2 Combined Overall Total Cost- $698.440 The following are the Overall Average Score Totals Company - Points 1) IDT Plans 82 2) Sages Networks, Inc. 79 3) Avolve 70 Page 624 of 1055 4) Tyler 68 5) E-Plan Soft 67 The Evaluation Team is recommending an award of Phase 1 to Sages Network Inc. for a contract amount of $571,300.00 over a period of five (5) years. The annual breakdown of cost over the five-year period is as follow: Year 1: $154,660 Year 2: $104,160 Year 3: $104,160 Year 4: $104,160 Year 5: $104,160 Total: $571,300 TERM. The initial term of the contract shall be for one (1) year effective upon date the contract is fully executed by all parties. The City of Boynton Beach Purchasing Manager in consultation with the Finance Director may extend the agreement at the same terms, and conditions, for four (4) one-year renewals (exercised separately) subject to vendor acceptance, satisfactory performance as determined by the Purchasing Manager, and determination by the Purchasing Manager that renewal will be in the best interest of the City. How will this affect city programs or services? This software will enhance efficiencies and streamline processes. Fiscal Impact: Budgeted Account#302-4102-580.64-14 Project#IT1801 - $60,000 budgeted FY 19/20 Account#302-4102-580.64-15 - $95,000 budgeted FY 19/20 FY 20/21 and further would require a budget amendment to General Fund to cover annual subscription costs. Alternatives: Not award agreement and continue current process. Strategic Plan: Strategic Plan Application: Climate Action: No Climate Action Discussion: Is this a grant? No Grant Amount: Contracts Vendor Name: Sages Network Inc. Start Date: 9/15/2020 Page 625 of 1055 End Date: 9/14/2023 Contract Value: $571,300.00 Minority Owned Contractor?: No Extension Available?: Yes Extension Explanation: 1. TERM. The initial term of the contract shall be for one (1) year effective upon date the contract is fully executed by all parties. The City of Boynton Beach Purchasing Manager in consultation with the Finance Director may extend the agreement at the same terms, and conditions, for four (4) one-year renewals (exercised separately) subject to vendor acceptance, satisfactory performance as determined by the Purchasing Manager, and determination by the Purchasing Manager that renewal will be in the best interest of the City. ATTACHMENTS: Type Description Resolution Resolution approving award of RFP to Sages Contract Sages Contract 034-2410-19EM Electronic Plan Review Software 9-10-20 RW D Addendum BAFO Evaluation rw 9-15-20 D Addendum Sages— AFO_ oynton each 2020 PaseApproach.docx D Addendum Final - Permits Inspections— Plan Review Software Page 626 of 1055 1 RESOLUTION NO. R20- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, AWARD RFP NO. 034-2410-19/EM AND AUTHORIZE 5 THE CITY MANAGER TO ENTER INTO A CONTRACT WITH 6 SAGES NETWORK INC. FOR A CONTRACT AMOUNT 7 OF $571,300.00 OVER A PERIOD OF FIVE (5) YEARS FOR 8 ELECTRONIC PLAN REVIEW SUBMITTAL AND MARKUP 9 MANAGEMENT SYSTEM WITH MOBILE INSPECTION 10 SOFTWARE; AND PROVIDING AN EFFECTIVE DATE. 11 12 WHEREAS, on July 8,2019,Procurement Services opened and tabulated five(5) 13 proposals for RFP No. 034-2410-19/EM for Electronic Plan Review Submittal and 14 Markup Management System with Mobile Inspection Software; and 15 WHEREAS, it was determined by the Evaluation Team that IDT capability to 16 interface with Naviline was questionable, which is essential, and is recommending award 17 of Phase 1 to Sages Network Inc in the amount of$571,300.00 over a period of five (5) 18 years due to their confirmed ability to interface with Naviline; and 19 WHEREAS, the initial term of the contract shall be for one (1) year effective 20 upon date the contract is fully executed by all parties,thereafter the City of Boynton Beach 21 Purchasing Manager in consultation with the Finance Director may extend the agreement 22 at the same terms, and conditions, for four (4) one-year renewals (exercised separately) 23 subject to vendor acceptance, satisfactory performance as determined by the Purchasing 24 Manager, and determination by the Purchasing Manager that renewal will be in the best 25 interest of the City; and 26 WHEREAS, the City Commission of the City of Boynton Beach upon 27 recommendation of staff, deems it to be in the best interest of the citizens and residents to 28 approve the award of RFP No. 034-2410-19/EM and authorize the City Manager to enter 29 into a contract with Sages Network Inc.for a contract amount of$571,300.00 over aperiod 30 of five (5) years for Electronic Plan Review Submittal and Markup Management System 31 with Mobile Inspection Software. S:\CA\RESO\Agreements\Award of RFP-Sages-Reso.docx Page 627 of 1055 1 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION 2 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 3 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed 4 as being true and correct and are hereby made a specific part of this Resolution upon 5 adoption. 6 Section 2. The City Commission of the City of Boynton Beach, Florida, 7 hereby approves the award of RFP No. 034-2410-19/EM and authorizes the City Manager 8 to enter into a contract with Sages Network Inc. for a contract amount of$571,300.00 over 9 a period of five (5)years for Electronic Plan Review Submittal and Markup Management 10 System with Mobile Inspection Software, a copy of the Contract is attached hereto and 11 incorporated herein as Exhibit"A". 12 Section 3. That this Resolution shall become effective immediately. 13 PASSED AND ADOPTED this 15th day of September, 2020 14 CITY OF BOYNTON BEACH, FLORIDA 15 YES NO 16 17 Mayor— Steven B. Grant 18 19 Vice-Mayor—Ty Penserga 20 21 Commissioner—Justin Katz 22 23 Commissioner—Woodrow L. Hay 24 25 Commissioner—Christina L. Romelus 26 27 VOTE 28 ATTEST: 29 30 31 Crystal Gibson, MMC 32 City Clerk 33 34 35 (Corporate Seal) 36 S:\CA\RESO\Agreements\Award of RFP-Sages-Reso.docx Page 628 of 1055 AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND SAGES NETWORK INC. FOR ELECTRONIC PLAN REVIEW SUBMITTAL MANAGEMENT SYSTEM CONTRACT NO. 034-2410-19/EM THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to as "the City", and Sages Network Inc, 50 Hurt Plaza SE, Suite 1446, Atlanta, GA 30303, hereinafter referred to as "Vendor', in consideration of the mutual benefits, terms, and conditions hereinafter specified. 1. PROJECT DESIGNATION. The Vendor is retained by the City to provide Phase 1 of a Electronic Plan Review Submittal and Markup Management System with Mobile Inspection Software as further detailed in Exhibit"A" Sages Networks Best and Final Proposal Submitted on September 04, 2020; Exhibit "B" Sages Networks Submittal and Exhibit "C" Request for Proposal (RFP) 034-2410-19/EM. 2. SCOPE OF SERVICES. Vendor agrees to perform the services, identified on Exhibit"A" Sages Networks Best and Final Proposal Submitted on September 04, 2020, attached hereto and incorporated herein by reference, including the provision of all labor, materials, equipment and supplies. No modifications will be made to the original scope of work without the written approval of the City Manager or his designee. 3. TIME FOR PERFORMANCE. Work under this Agreement shall commence upon the giving of written notice by the City to the Vendor to proceed. Vendor shall perform all services and provide all work product required pursuant to this Agreement effective upon TBD. 4. TERM. The initial term of the contract shall be for one (1) year effective upon date the contract is fully executed by all parties. The City of Boynton Beach Purchasing Manager in consultation with the Finance Director may extend the agreement at the same terms, and conditions, for four (4) one-year renewals (exercised separately) subject to vendor acceptance, satisfactory performance as determined by the Purchasing Manager, and determination by the Purchasing Manager that renewal will be in the best interest of the City. 5. PAYMENT. The Vendor shall be paid by the Provider/City for completed work and for services rendered under this Agreement as follows: a. The amount of $154,660 for the initial term of one (1) year and with an option to renew for four (4) additional one-year terms for an annual amount of $104,160 for a total amount of $571,300 over the total potential five (5) year term of the agreement, shall be the total amount of payment to Vendor for services provided under this Agreement for the entire term of the Agreement. b. Payment for the work provided by Vendor shall be made promptly on all invoices submitted to the City properly, provided that the total amount of payment to Vendor shall not exceed the total contract price without express written modification of the Agreement signed by the City Manager or designee. c. The Vendor may submit invoices to the City once per month during the progress of the work for partial payment. Such invoices will be checked by the City, and upon approval thereof, payment will be made to the Vendor in the amount approved. d. Final payment of any balance due the Vendor 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. e. Payment as provided in this section by the City shall be full compensation for work performed, services rendered, and for all materials, supplies, equipment and incidentals necessary to complete the work. Page 629 of 1055 f. The Vendor's records and accounts pertaining to this Agreement are to be kept available for inspection by representatives of the City and State for a period of three (3) years after the termination of the Agreement. Copies will be available upon request. 6. OWNERSHIP AND USE OF DOCUMENTS. All documents, drawings, specifications and other materials produced by the Vendor in connection with the services rendered under this agreement shall be the property of the City whether the project for which they are made is executed or not. The Vendor shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference and use in connection with Vendor's endeavors. 7. COMPLIANCE WITH LAWS. Vendor shall, in performing the services contemplated by this Agreement, faithfully observe and comply with all federal, state of Florida and City of Boynton Beach, ordinances and regulations that are applicable to the services to be rendered under this agreement. 8. INDEMNIFICATION. Vendor shall indemnify, defend and hold harmless the City, its offices, agents and employees, from and against any and all claims, losses or liability, or any portion thereof, including attorney fees and costs, arising from injury or death to persons, including injuries, sickness, disease or death to Vendor's own employees, or damage to property occasioned by a negligent act, omission or failure of the Vendor. 9. INSURANCE. The Vendor shall secure and maintain in force throughout the duration of this contract comprehensive general liability insurance with a minimum coverage of $1,000,000 per occurrence and $1,000,000 aggregate for personal injury; and $1,000,000 per occurrence/aggregate for property damage, and professional liability insurance in the amount of$1,000,000 per occurrence to$2,000.000 aggregate with defense costs in addition to limits. Said general liability policy shall name the City of Boynton Beach as an additional named insured and shall include a provision prohibiting cancellation of said policy except upon thirty (30) days prior written notice to the City. Certificates of coverage as required by this section shall be delivered to the City within fifteen (15) days of execution of this agreement. 10. INDEPENDENT CONTRACTOR. The Vendor and the City agree that the Vendor is an independent contractor with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither Vendor nor any employee of Vendor shall be entitled to any benefits accorded City employees by virtue of the services provided under this Agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or Social Security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to Vendor, or any employee of Vendor. 11. COVENANT AGAINST CONTINGENT FEES. The Vendor warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the Vendor, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the Vendor any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the City shall have the right to annul this contract without liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, Page 630 of 1055 or contingent fee. 12. DISCRIMINATION PROHIBITED. The Vendor, with regard to the work performed by it under this agreement, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. 13. ASSIGNMENT. The Vendor shall not sublet or assign any of the services covered by this Agreement without the express written consent of the City. 14. NON-WAIVER. Waiver by the City of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other provision. 15.TERMINATION. a. The City reserves the right to terminate this Agreement at any time by giving thirty (30) days written notice to the Vendor. b. In the event of the death of a member, partner or officer of the Vendor, or any of its supervisory personnel assigned to the project, the surviving members of the Vendor hereby agree to complete the work under the terms of this Agreement, if requested to do so by the City. This section shall not be a bar to renegotiations of this Agreement between surviving members of the Vendor and the City, if the City so chooses. 16. DISPUTES. Any disputes that arise between the parties with respect to the performance of this Agreement, which cannot be resolved through negotiations, shall be submitted to a court of competent jurisdiction in Palm Beach County, Florida. This Agreement shall be construed under Florida Law. 17. NOTICES. Notices to the City of Boynton Beach shall be sent to the following address: Lori LaVerriere, City Manager City of Boynton Beach P.O. Box 310 Boynton Beach, FL 33425-0310 Notices to Vendor shall be sent to the following address: Harish Krishna Sages Network Inc. 50 Hurt Plaza SE, Suite 1446 Atlanta, GA 30303 Tel: 404-892-6184 x 101 /678-471-7392 maiIto:hkrishna@sagesnetworks.com 18. INTEGRATED AGREEMENT. This agreement, together with attachments or addenda, represents the entire and integrated agreement between the City and the Firm and supersedes all prior negotiations, representations, or agreements written or oral. This agreement may be amended only by written instrument signed by both City and Firm. Page 631 of 1055 19. PUBLIC RECORDS. Sealed documents received by the City in response to an invitation are exempt from public records disclosure until thirty (30) days after the opening of the Bid unless the City announces intent to award sooner, in accordance with Florida Statutes 119.07. The City is public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: A. Keep and maintain public records required by the CITY to perform the service; B. Upon request from the CITY's custodian of public records, provide the CITY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in chapter 119, Fla. Stat. or as otherwise provided by law; C. Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and, following completion of the contract, Contractor shall destroy all copies of such confidential and exempt records remaining in its possession once the Contractor transfers the records in its possession to the CITY; and D. Upon completion of the contract, Contractor shall transfer to the CITY, at no cost to the CITY, all public records in Contractor's possession All records stored electronically by Contractor must be provided to the CITY, upon request from the CITY's custodian of public records, in a format that is compatible with the information technology systems of the CITY. E. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: CRYSTAL GIBSON, CITY CLERK 100 E. OCEAN AVE. BOYNTON BEACH, FLORIDA, 33435 561-742-6061 GIBSONC@BBFL.US 20. SCRUTINIZED COMPANIES -- 287.135 AND 215.473 Page 632 of 1055 By execution of this Agreement, Contractor certifies that Contractor is not participating in a boycott of Israel. Contractor further certifies that Contractor is not on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has Contractor been engaged in business operations in Syria. Subject to limited exceptions provided in state law, the City will not contract for the provision of goods or services with any scrutinized company referred to above. Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to Contractor of the City's determination concerning the false certification. Contractor shall have five (5) days from receipt of notice to refute the false certification allegation. If such false certification is discovered during the active contract term, Contractor shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If Contractor does not demonstrate that the City's determination of false certification was made in error then the City shall have the right to terminate the contract and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time. 21. EXECUTION OF THE AGREEMENT. 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. DATED this day of 20 CITY OF BOYNTON BEACH SAGES NETWORKS INC. Lori LaVerriere, City Manager Signature of Authorized Official Printed Name of Authorized Official Attest/Authenticated: Title (Corporate Seal) Crystal Gibson, City Clerk Approved as to Form: Attest/Authenticated: James A. Cherof, City Attorney Secretary Page 633 of 1055 EXHIBIT A Sages Networks Best and Final Proposal Submitted on September 04, 2020 Page 634 of 1055 EXHIBIT B Sages Networks Submittal EXHIBIT C Request for Proposal ( RFP) 034-2410 -19/EM LO LO 0 4- 0 ti (Y) m (1) c� o00 o N o o a Fa- x O O O O �L: O 0 O O O O O f0 T � O O O O O R NN N N N R O O O O O o f� O O O O R � N N N N R N W J O =. Q, cNo(D LO m N o) (D N �m�� Moo co c) M N �(D c(o(D N m U) u'a � = o fn 2` ~ V m 4 0000 o o 0000 o o 0000 o o 0000 o o 0000 o Zx. 0000 o o 0000 o o 0000 o o 0000 o o 0000 o LU U Z 4 i.4<, 0000 o o 0000 o o 0000 o o 0000 o o 0000 o W u LU w a w Du N z F U, g O O O O O Ln 0000 O O 0000 O O 0000 O Ln O O O O O N a t= N L' Q x o O O O O O N 0000 O O 0000 O O 0000 O N 0000 O W U':. Q Q V O O V Ln Ln N O Ln M Ln Ln LN M M V Ln V M O V r2 O •-a � LO CL O Y r N Z u ° 0000 0 o n n n n o n 0000 00 0000 0 o LO LO LO LO o r2 O V F U' ' O O O O O O N N N N O N 0000 O O 0000 O O N N N N O a i � Qx' 0000 oo LO LO LO LO Ln Lo Lo Lo Lo �� (D ;T MMMM co D 1 G V z R O a w J fn M t. 0000 o Ln 0000 00 0000 o Ln 0000 00 0000 0 O V ' 0000 O N 0000 O Lo 0000 O N 0000 O O 0000 O a W N E;L Q N Ln O W Ln O W N W W O O O Ln COO O r O COO W O O V N Ln Ln CO LL ? Q U c N CO CO N CO N N I� Lo LL O � E ti J Q m Q LC) U) ZUT7 r LL N Z W 00000000 o o O LC) 00000000 o o O O 0000 O O 0 0 0 0 O O 00000000 o o O O O O O O I� O O O O O O O O O O O Ln O O O O O O O O O O O Q y O O.. N x O Lo Lo N r Lo O O N W O)O)O O W O) M M Lo Ln CO V Ln W Ln O W W Q fn �:0 N N N N O) N N N I� N N I� N N N N O) > ~ Ln LU m N p O ^ O O O O O O 0000 O Lo 0000 O O O O O O O O O O O O O O r C Q�,91 ' O O O O O Lo 0000 o N lo O O oO O O O O O S O O O O O z E wxo0o W o . coo 0a dO , ay M O N W W N O r O O N V O)O)co M r r co J 0 u=W4` U N C7 z WZ Q o o > o > o > o O w Y O a a N a V a a a' Q U' C U j +. X F J N w LU w N O O 0 LL J Lu c O O' $ N +- t O t t N t s t y O O o > E � oo � a C OOEa Z OOEa �' ooEa �LL 0 ..'O Y O_ L Y O_ �:L Y O_ L Y O_ L Y O_ V) 6 EL d d YY(7 :a YYC7 YYf7 YYf7 YYf7 LL w w � Z a vira-i w vira� vira-i ln'viraHF vira-i Electronic Plan Review Submittal and Markup Management System RFP No.: 034-2410-19/EM Best and Final Proposal Submitted by: SAGESNETWORKS Sages Networks Inc. 50 Hurt Plaza SE, Suite 1446 Atlanta, GA 30303 Tel: 404-892-6184 x 101 /678-471-7392 Email: hkrishnansa esnetworks.com Fax: 404-596-8649 Submitted on 9/4/2020 Page 638 of 1055 Table of Contents BEST AND FINAL PRICE PROPOSAL 3 Table 1: Phase 1 - SagesGov Electronic Plan Review Submittal and Markup Management System Software Subscription 3 Table 2: What is included in the SagesGov Software Subscription? 3 Table 3: Phase 1 - Professional Services: Initial Setup, Configuration, Training,UAT & Go Live 4 Table 4: Phase 1 - Software Subscription, Technical Support,Maintenance, Functional Support &Professional Services for 5 years 4 Table 5: Phase 2- SagesGov Permitting and Mobile Inspection Software Subscription 4 Table 6: Phase 2- Professional Services: Configuration, Training,UAT & Go Live 5 Table 7: Optional Modules and Other Professional Services 5 SagesGov Electronic Plan Review Submittal and A SagesGov Markup Management System 2 Page 639 of 1055 I BEST AND FINAL PRICE PROPOSAL 'Fable "1® Phase I - SagesGov Electronic Plan Review Submittal and Markup Management System Software Subscription Item Description Quantity Unit Line Total Price SagesGov Plan Reviewer Subscription that includes the following modules: • Public Portal,Role based system, Online Submission of drawing files,supporting documents,Intake,Routing, Electronic Plan Review,Markup Management, integrated with Bluebeam Revu,Markup, Comparison, 30 Regular 2 $240 per $7,680/ 1 Overlay, Checklists,Predefined Comments,Meetings, Floating user/ month for Notices,Emails&Alerts,assign coordinators,Assign Licenses month 40 Users Reviewers,Manage Reviewer workloads, Custom application and data forms,auto add Reviews,History, Search, User Dashboards,Standard Reports and Administration module. • Technical Support,Maintenance& Upgrades ...............................................................Upgrades Regular License:Once license per named user.This license cannot be shared. 2 Floating License:For every 10-regular licenses,you are eligible to purchase a floating license that is shared amongst 5 users.Once a floating license user logs in to SagesGov their license is released the next da .............................................................................................................. .......Y Functional Support after Go Live 3 (minor configuration changes to application forms, emails, 5 hours $200 $1000/ workflows,plan routing rules,checklists,how-to questions, month month login q1tiestilon's,"fli'le upload questions etc.) ..... ..... 4 External User License: Unlimited $0 $0 • Citizens,Designers,Architects,Builders and Engineers Total$8,680 per month for 40 Users Table 2: What is included in the SagesGov Software Subscription? Cost of Storing Drawing files and project documents. Cost of Hardware,Server Software,Database software and Hosting Costs in the Microsoft Azure Cloud. Cost of Personnel to manage Azure Cloud Infrastructure such as Servers,Network,Hardware,Storage and keep them up to date. Costs to handle software development,upgrades and patches to the SagesGov product every 6 months. .......product ......................................................................... Cost of Personnel to Manage backup and disaster recovery in the Azure Cloud. Costs of Rent,Power,Air Conditioning and other Microsoft data center costs pertaining to the Azure Cloud. SagesGov Electronic Plan Review Submittal and dl Sages('Dov Markup Management System 3 Page 640 of 1055 'Fable 3: Phase I - Professional Services: Initial Setup, Configuration, Training, UAT & Go 'Live :Item Description Quantity Unit Price Line Total Service: SagesGov Base Setup and Configuration,Disciplines, 1 $7500 $7,500 Fill"e,Type,"Users l"and Roles llll'll""I'll""I'll"'ll""I'll,'ll""I'll""I'll",'ll""I'll""I'll",'ll""I'll""I'll",'ll""I'llI 2 Service: Setup Workflow processes,Application forms,Emails, 3 $4000/ $12,000 Alerts and Notices for BBFL,Checklists,&Plan Review Reports process Service: Integration with Fusion REST Web services for the 3 following: Create Application;Update Fees;Update Review 1 $15,500 $15,500 Cycle Completed Service: Integration with ESRI ArcGIS or Naviline for address 4 validation (geocoding) and loading map in SagesGov maps tab 1 $7,500 $7,500 using ESRI REST Web services. 5 Training: SagesGov&Bluebearn Revu Training 3 hours per 2 sessions $1000/ $2,000 session. [With a maximum of 15 users per session] session Professional Services and project management during 6 requirements gathering,workflow analysis,translating 40 hours $150/hour 6,000 requirements into technical specs,UAT support&go live Total $50,500 (one time) 'Fable 4: Phase I - Software Subscription, Technical Support, Maintenance, Functional Support & Professional Services for 5 years Software Subscription,Year Functional Support Professional Total Technical Support and Maintenance Services 1 $92,160 $12,000 5 0 5 0 0 $154,660 2 $92,160 $12,000 $104,160 3 $92,160 $12,000 $104,160 4 $92,160 $12,000 $104,160 5 $92,160 $12,000 $104,160 'Fable 5: Phase 2 - SagesGov Permitting and Mobile Inspection Software Subscription Item Description Quantity Unit Line Price Total SagesGov Field Assistant—Inspections App Subscription that includes the following modules: • Public Portal, Role based system, Mobile Application for Android and iOS devices such as iPad and smariphones, Inspection App has store and forward database (does not 10 need internet connection always)Inspection dependency Regular+ $144 per $1584/ 1 rules,Auto Add Inspections,Auto Roll Inspections, Business I Floating user/ month for Rules for Scheduling such as cut off time, weekends etc., Licenses month 15 Users Inspections actions such as schedule, reschedule, cancel, roll, approve, disapprove, approve as noted, roll, auto-add re-inspection fees and transfer inspections, Permits and Certificates • Technical Support, Maintenance& Upgrades Regular Once license per named user. This license cannot be shared. 2 Floating License:For every 10-regular licenses,you are eligible to purchase a floating license that is shared amongst 5 users. Once a floating license user logs in to SagesGov their license is released the next day. 3 External User License: Unlimited $0 $0 • Citizens, Designers,Architects, Builders and Engineers Total $1584 per month for 15 Users SagesGov Electronic Plan Review Submittal and dl Sages('Dov Markup Management System 4 Page 641 of 1055 'Fable 6: Phase 2 - Professional Services: Configuration, Training, UAT & Go LiItem Descriptionve ............... ............... Quantity Unit Price Line Total Training: SagesGov&Bluebearn Revu Training 3 hours per 1 sessions $1000/ $1,000 session, [With a maximum of 15 users per session] session ............... 2 Professional Services to create Permit cards,Inspection tickets 60 hours $150 hour $9,000 and Certificates of occupancy and completion Professional Services and project management during 3 requirements gathering,workflow analysis,translating 40 hours $150 hour 6,000 requirements into technical specs,UAT support&go live Total $16,000 (one time) Table 7: Optional Modules and Other Professional Services Item Descriptio Quantity Unit Line Total Price Additional Training over a period of 1 year:This includes: Instructor led Hands on Training; Follow up training $250/ after Go Live; Hands on training in Live scenarios; TBD hour TBD Workshop for Citizens&Builders; Multiple Training Paths based on Role. Data Migration:We recommend a phased implementation of the SagesGov solution: 2 Phase 1: Electronic Plan Review(no data TBD $150/ TBD migration) hour Phase 2: Permitting&Inspections (data migration from Permitting,and Inspection system as needed) 3 Phase 2 Professional Services TBD $150/ TBD hour Product:SagesGov integrated Comments and Responses module.Track comments and responses 4 by applicants for each review cycle.Applicants 1 $15,500 $15,000 cannot re-submit revisions without responding to all comments.Comments can be marked internal, response required or closed by the Plan Reviewer, Product:SagesGov integrated FTP module to securely FTP approved zip files to the City of 5 Boynton Beach network at the end of the review 1 14,750 $14,750 ,cycle. ............... 6 Product:SagesGov integrated Docusign module 1 $16,750 $16,750 (does not include cost of envelopes) Travel: 3-day onsite visit to Boynton Beach, 7 includes airfare from ATL,travel,government rate 3 $1,450 $4,350 lodging and boarding per person. SagesGov Electronic Plan Review Submittal and Al Sages('Dov Markup Management System 5 Page 642 of 1055 ?\1S; \�4 S'r S " �17'� t t k�i f� �il tS)is ; al )r r k,'i rt^' ••„}��1)tii�il?\ t;?1s;I\\�f2)¢fEit `t �s �}3r All rs);i�A t {#s,,yy!}y !t\I!t)�ii1 �4\ slot StsvV\1 {, \ A?i?it�\ri4 ,i 2, lgtttl V\ is fr! 1t7Z�l t�)%1Ss'+ti��Aii�111s)';\? ` �A 1 \;t�t i£ r7;-# t 7}11v,,r" 11 v?+)l tr \Sl \44 }4a1kFj}1 l 1+4s VS! � r t is r (+ t ! 1 21i 14 E L r4,r`y+ 4;r��4 #=s �; :�, `} �`� �� ,,t 4�'4+�' viz, ++� tt R VI EW SU B ISI �;,, ty}#,' �� { 1,,,,; D �� p 4z 1„Ir't' s{ r}\ k }1 1 )k s1s� 41k q Ili S s111 s v (h� 9v l4r Us, i S�\+l? r sy lu ils S ��)�t4vi 1}. _ ,Si t i s s t� - 1 4;t141�21s+�?l4 IIANAG Elt, }!#•'r!r''!t)hh slAvcs,i}i',, n)t{l frss'>}sl\asv• S\}44!sy?y�v��e��£1,,�F•S1ksy{)J��1{syt1?}(�tA1£Si,s1t�t}!��!tS)1+Ssy�}+v?+4)1{t#{4#1sj\yj'Cvt�;�}�i�t\l1>h�1i�1�l4}x�1+1�1��ii\:\��,s1i,�t�1�3Fu�t4�+il�{S,})s\#�'+{iisI+��t\l+iVt1lw{ik)�{��)�l\,��s�p�)�t�t�}v))tli{ts�,s4,r(ti4ytis 1iS2l�#sr)tl#�r,t,�;�yAVl� i rR/�rjG`1��S>sttl{l,s\,,p,$„{ri{[,�1r}t, �N I){i?'>��\t,t3;°)��,.1s ro,(,i T■ � �vrN,a{•,t';k??�,1 rs,wS'1��ls;�q v;,, S}r5trtf) t)rr,,,, Si�{,�,+%1ivs}1;}}ti�ls1�(4y�4}�t+A1,kw, -PTWAR 310,147, RI ��yriyt4��,'f}b#1l i��4:�tt r�A�+?v\ti+§trlk\�r�stvt'tv}�;�,�St1\\�fi\}\!�-1�;\tit,�?wtk\�)i1i�ti'\��,ltE£s{t1�1}'ys)ylll�y�4t�tt4q}\i}i+lll)ilys\4{f��J�,yysl!1i}1t1ifV�iAIty1S}1vs)lrfi}1k{Sf�v4s\iAt+i;{hjA,r.t. l}}vliM1`a��ds, _ IN � sRVQ%�is 7s�s 111 4;its hSS1 ; A� �1 iA i41t �l 4A t i)It� 1 it 4 �. r �') 74bthya4S��3f}i�2jlt1Ft1{��i}{?t21��1y�#�t}SE#'�, tyrs ,{Ir' i £,�}� R t P N(�pit ' 0 X410-19/EM X11+1t`!li�M,im` 9I * +, s� t� 'Ii1 s4;ty`3'rb�52��s�1}S si4��+s1�417strhJ .� }il F'{t tVAI+ ��It St ti4 rs}tksy\{\4 I it��411j4 vl�i�ti(i} tll4)f\+h��t»v 4}2 \; vAyy 4i�,4•Ssy»�il�sv�ylitli�)+)4�ii1, �it(lt4r41��1i11 t)Sf�jl�s}+1�{l�sS}tassir ij; y�'s14} �yvil),f}S�4s��ii�4jt i?£Sll�x�iylv),�1 r1 114 }l s411#v1)�){rtis ! �}� ir �r+2�it1I �l1�tUVl4r�l?1>}iy£}`\��1�1ty+ti)f{�1��}�lti'i43}�'A}issl>{�,ll� »{ivt �1 +iL��'r iqg, ftk;��t}�k }?Si}'i�f)�i+�4iJ�1}islS�fi��4f�?ril 1114V�lyt4i'sl{�Vi��iDil4\�i��S\#\}{j��g}t\�S, 3rVt1{ijk#ir 2;�}\�t I#r1#S}yt�;#t{j1rA1{ill yy}�}y SY�J��l�)#i)'S� I tr4}ty sl sf ,��tu{� ' Vv1;71}))��t1 Al;t�, tl svvtAv Its#32#ail 4#'�4;�}s SVA'.: i+i4\csy,€ 1t1S1+SI\i• s !� (i � s S i\ tf4tA��}1}, S t144y1}{IFz)A? 42#�tisl{SYS i `Ss�i� 4s4?,il�li}(41,3 �rif)yfi3ys;' f 4h4�j1�2y4�f 14v73 }iss �s4+�)l�)i�il1 ��t\k � �;4# fr�tgy�ij}\int �4�i�\)t�i e illi`i�'4 jtl+rt It '�,•)is'A�lfy �t�' 1; y VI 44 y�t�lri}�;�t1}i�S�)44 k i�4i\S�sis�it v }i)t\r4�� ti 1� 4,rs l n 7#'il�� 4"l��iltiV�ii441 wi2£�A�AjtiPii;' Si4+1 s S �'1VS lid#r�rriy S1#��iUvl'tslf�s Sk\tarry �t jl -;s !t 41��t�t;(+?�l�y�' �?t3ki{+ rt�r�j{{s1i45kjyt \i}1t}}�i�Yrttl);k}`iy��it�t�l\At�Y}��ts��sA{l 4F� t�h v t al 4�hi{sil,,tls1 i 44Uy� )l�rylt�'..<AU{ s�17 sl{. 4Vhli}y t��li})�+y }ikt !;S)��k��r�r i�'�ltyl)'i� ��)it��'�` ft'�t�?�'ti�� '1��,, t}}�•�tyr}kr`��;�� } titJ4�)�r+4;i. �7i#li�i��y's;i1r i�S\} }Ii4sF}� i�i�tt},r p4S��4�ilf�;r: it, AiV'4i£Alii\SSYty1s1#tw'#Si �11 I��r4sst yiy\SSI�s VV1 s__ t'r1i+14i3�\i,?#}�Skro }`S{� ff1£1v#1�5�1yA!'v1,,`i��yft AIV�I�i�}\p,tv4++ 4{ ,y4� A;AClv tYltr}t+) i+ i Sir•�•�1k1l�tl+ti4��1 7;k11,�` rVv#itS )fyr��S`2}' ; DUE DAT '��17��#��13\)4} {r:1S f\\y,}�6'+' 11 's��4},it•l}1'i 4r�1��1�1,tV rJtttvlr�l r is � m b+r +, 41)1Er �11'tl111{Z� I M E . ' . ))A�iltt)l#14�4r}1 t i ivils> £ r ,,, X11 L Sts�i�4#rr\s{11ttt;AS t��\ri\f12£ i{lt�i�f iY,7�i t+t4,4 4't£{fill V1\141'i }I4i(54}7t trlittt#s1iis} $s 4r�lly�t� it$p" s#l}otE��t}1155)1rsZ�i�#,., Vlliyk,kli#�}I��?��t#(l4tisisll��k4 ttli�\�jji\�4} }S{;i1#Y} 4v��#iY�}Y�� !i�#i ��f1iy iy��}ll�\1)#b� ��1vS`Y sl�2iptF 4 c��vtis�ty t1 y�t 1}1V�Sti3£s�liiiy ll�l� }l+�s#s)A\LS��}}}tviP�ty>ji��(is }�#s�ia\luY, Page 643 of 1055 REQUEST FOR PROPOSALS FOR ELECTRONIC PLAN REVIEW SUBMITTAL AND MARKUP MANAGEMENT SYSTEM WITH MOBILE INSPECTION SOFTWARESOFTWARE RFP No.: 034-2410-19/EM Sealed RFP's will be received in Procurement Services, City of Boynton Beach, 3301 Quantum Blvd., Suite 101, Boynton Beach, Florida 33426 on or by: July 8, 2019, 2019 No Later Than 2:30 P.M. (Local Time). ATTENTION ALL INTERESTED RESPONDENTS Copies of this solicitation package may be obtained from Demandstar at Onvia at www.demandstar.com or by calling 1-800-711-1712. Demandstar distributes the City's solicitations through electronic download. If you prefer that a copy be mailed via U.S.P.S., please contact the City's Procurement Division at(561) 742-6322. Respondent(s)who obtain copies of this solicitation from sources other than Demandstar or the City's Procurement Services Division may potentially risk not receiving certain addendum(s) issued as a result of the solicitation. One (1) original, so designated and two (2) copies along with one (1) electronic copy on a USB thumb drive, for a total of three (4) submittals of the response shall be submitted in one sealed package clearly marked on the outside: "034-2410-19/EM — ELECTRONIC PLAN REVIEW SUBMITTAL AND MARKUP MANAGEMENT SYSTEM WITH MOBILE INSPECTION SOFTWARE" and addressed to: City of Boynton Beach, Finance/Procurement Services, 3301 Quantum Blvd., Suite 101, Boynton Beach, FL 33426 RFP's received after the assigned date and time will not be considered. The Procurement Services time stamp shall be conclusive as to the timeliness of filing. The City of Boynton Beach is not responsible for the U.S. Mail or private couriers with regard to mail being delivered by a specified time so that an RFP can be considered. If no award has been made, the City reserves the right to consider RFP's that have been determined by the City to be received late due to mishandling by the City after receipt of the RFP. i City of Boynton Beach RFP No.023-1410-19/EM Page 644 of 1055 PUBLIC RECORDS DISCLOSURE Pursuant to Florida Statutes §119.07, sealed bids or proposals received by the City in response to an invitation to bid are exempt from public records disclosure requirements until the City provides a notice of decision or thirty (30) days after the opening of the proposal/bid. If the City rejects all bids or proposals submitted in response to an invitation to bid or request for proposals and the City concurrently provides notice of its intent to reissue the competitive solicitation, the rejected bids or proposals remain exempt from public records disclosure until such time as the City provides notice of a decision or intended decision concerning the competitive solicitation or until the City withdraws the reissued competitive solicitation.A bid, proposal, or reply is not exempt for longer than twelve (12) months after the initial City notice rejecting all bids, proposals, or replies. Requests for bid or proposal documents should be submitted to the City Clerk's Office. Documents may be inspected without charge, but a charge will be incurred to obtain copies. SCRUTINIZED COMPANIES --287.135 AND 215.473 By execution of this Agreement, Contractor certifies that Contractor is not participating in a boycott of Israel. Contractor further certifies that Contractor is not on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has Contractor been engaged in business operations in Syria. Subject to limited exceptions provided in state law, the City will not contract for the provision of goods or services with any scrutinized company referred to above. Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to Contractor of the City's determination concerning the false certification. Contractor shall have five (5) days from receipt of notice to refute the false certification allegation. If such false certification is discovered during the active contract term, Contractor shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If Contractor does not demonstrate that the City's determination of false certification was made in error then the City shall have the right to terminate the contract and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time. LOBBYING /CONE OF SILENCE Consistent with the requirements of Chapter 2, Article VIII, Lobbyist Registration, of the Palm Beach County Code of Ordinances, Boynton Beach imposes a Cone of Silence. A cone of silence shall be in effect as of the deadline to submit the proposal, bid, or other response and shall remain in effect until City Commission awards or approves a contract, rejects all bids or responses, or otherwise takes action that ends the solicitation process. While the cone of silence is in effect, no proposer or its agent shall directly or indirectly communicate with any member of City Commission or their staff,the Manager, any employee of Boynton Beach authorized to act on behalf of Boynton Beach in relation to the award of a particular contract or member of the Selection Committee in reference to the solicitation, with the exception of the Purchasing Manager or designee. (Section 2-355 of the Palm Beach County Code of Ordinances.) Failure to abide by this provision may serve as grounds for disqualification for award of contract to the proposer. Further, any contract entered into in violation of the cone of silence shall render the transaction voidable. The cone of silence shall not apply to oral communications at any public proceeding, including pre-bid conferences, oral presentations before Selection Committees, contract negotiations during any public meeting, presentations made to the City Commission, and protest hearings. Further, the cone of silence shall not apply to contract negotiations between any employee and 2 City of Boynton Beach RFP No.023-1410-19/EM Page 645 of 1055 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 Eric Marmer, Buyer, E-mail: marmere@bbfl.us INTENT/ SCOPE OF SERVICES The City of Boynton Beach is seeking a qualified firm to provide an automated Plan Review Submittal and Markup Management System with a Mobile Inspection software. The City is seeking a contract for an initial term of one (1) year, with four (4) additional one-year renewal terms based upon satisfactory performance and mutual agreement of the City and the awarded Vendor. RFP documents are available online through DemandStar by Onvia at: www.demandstar.com upon request, documents will be e-mailed. Contact: CITY OF BOYNTON BEACH PROCUREMENT SERVICES 3301 Quantum Blvd., Suite 101 Boynton Beach, Florida 33426 Eric Marmer, Buyer Telephone: (561) 742-6318; Email: marmeregbbfl.us Office Hours: MONDAY— FRIDAY, 8:00 A.M. to 5:00 P.M. CITY OF BOYNTON BEACH LLJJ Tim W. Howard Assistant City Manager -Administration 3 City of Boynton Beach RFP No.023-1410-19/EM Page 646 of 1055 REQUEST FOR PROPOSALS FOR ELECTRONIC PLAN REVIEW SUBMITTAL AND MARKUP MANAGEMENT SYSTEM WITH MOBILE INSPECTION SOFTWARE RFP No.: 034-2410-19/EM Section I —SUBMITTAL INFORMATION A. The City of Boynton Beach will receive RFP responses until July 8 , 2019, no later than 2:30 P.M. (LOCAL TIME) in Procurement Services located at 3301 Quantum Blvd., Suite 101, Boynton Beach, Florida 33426. Benefits B. Any responses received after the above stated time and date will not be considered. It shall be the sole responsibility of the qualifier to have their RFP response delivered to Finance/Procurement Services for receipt on or before the above stated time and date. It is recommended that responses be sent by an overnight air courier service or some other method that allows for tracking and delivery confirmation. RFP responses that arrive after the above stated deadline as a result of delay by the mail service shall not be considered, shall not be opened at the public opening, and arrangements shall be made for their return at the qualifier's request and expense. The City reserves the right to consider submittals that have been determined by the City to be received late due solely to mishandling by the City after receipt of the RFP and prior to the award being made. C. If any addenda are issued to this RFP, the City will attempt to notify all prospective proposers who have secured same, however, it shall be the responsibility of each proposer, prior to submitting the RFP response, to contact Finance/Procurement Services at (561) 742-6322 to determine if any addenda were issued and to make any addendum acknowledgements and comply with the requirements of each addendum as part of their RFP response. E. Responses shall clearly indicate the legal name, address and telephone number of the proposer (firm, corporation, partnership or individual). Responses shall be signed above the typed or printed name and title of the signer. The signer shall have the authority to bind the proposer to the submitted RFP. Proposers must note their Federal I.D. number on their RFP submittal and include a copy of their W-9. F. All expenses for making RFP responses to the City are to be borne by the proposer. G. A sample draft contract that the City intends to execute with the successful firm is contained in this Request for Proposal for review. The City reserves the right to modify the contract language prior to execution. The scope of services will closely track the scope of work detailed in Section II of this Request for Proposal. 4 City of Boynton Beach RFP No.023-1410-19/EM Page 647 of 1055 Section II — INTENT AND STATEMENT OF WORK 1. PURPOSE AND INTENT The City of Boynton Beach, Florida is a growing community with an approximate population of 75,000 people. The three main functions of the Department of Development are: • Examine plans and related construction documents for code compliance; • Process requests for plan review; and • Inspect structures to verify that they are built in accordance with approved plans, construction codes, and within the scope of the permit. Growing populations, tightening budgets, and increasing regulatory standards have resulted in the need for a better method of submittal, tracking, managing, reporting, sharing and archiving permits and related data in a digital platform. It is the intent of this RFP to find a software management system to help accomplish this. It is the intent and purpose of this solicitation to obtain the services of an experienced qualified firm to provide an automated Plan Review Submittal and Markup Management System including a Mobile Inspection software. The City is seeking a contract for an initial term of one (1) year, with four (4) additional one-year renewal terms based upon satisfactory performance and mutual agreement of the City and the awarded Vendor. 2. SCOPE OF SERVICES The City of Boynton Beach is seeking one firm to provide an automated Plan Review Submittal and Markup Management System including a Mobile Inspection software. The successful proposer will provide all aspects requested herein. The itemized features are not all inclusive but are provided to help define the type of information, work flow, queries, database management features, reports, etc. that are of value to the City of Boynton Beach. Within your proposal, you should identify and explain all software capabilities that may be of benefit to the City. There may be software features of your proposed system that are not listed in our scope of work, and yet have desired value to our organization. 3. GENERAL SYSTEM REQUIREMENTS The vendor shall provide to the City of Boynton Beach a system that includes all software, firmware, and software licenses for an operable and acceptable electronic plan review and document submittal system. • The system shall allow concurrent internal users (City staff). Proposals shall describe any limitations on the number and types of users and costs associated for multiple users. • The system should be web based. • The system should be capable of full integration with Central Square's (formerly Superion) Naviline ERP system. • The system should be capable of full integration with ESRI's ArcGIS, geographic 5 City of Boynton Beach RFP No.023-1410-19/EM Page 648 of 1055 information system (GIS) software. City of Boynton Beach currently uses version 10.5.1. • The system should allow for a phased deployment, and utilization of existing City data. • Vendor proposal shall include implementation of the software, including all labor, project management, travel (if applicable), installation, and training costs. • The package of services should also include user manuals/materials, on-going support, maintenance services, and warranty information. • The system shall be fully compatible with the City's existing Local Area Network (LAN), Wide Area Network (WAN) and standard local and networked printers. • Any third-party products required by the vendor to implement system shall be included as part of the proposal. The vendor must provide a list of all additional hardware, software or other materials including necessary versions or firmware levels for the system to operate successfully. 4. SOFTWARE FEATURES/FUNCTIONALITY Listed below are items to be provided with the system. Proposals shall acknowledge and describe all software features and functionality that are included, as well as those that you may deem not applicable to our request. We may determine that those features have value to our organization. The system should have the following types of abilities and characteristics, if your firm is unable to provide the following please list an explanation as to why not: Application and System Administration 1. The Electronic Document Review system shall allow for the monitoring/tracking and auditing of actions taken by any user. 2. The Electronic Document Review system shall allow the system administrator to define access/permissions to users of the system. 3. The Electronic Document Review system shall have the ability to control the types of file formats allowed. 4. The Electronic Document Review system shall have the ability to specify the maximum file sizes that can be uploaded. 5. The Electronic Document Review system shall be able to handle large file sizes; some plans have over 100 pages with reference documents. 6. The Electronic Document Review system shall have the ability to be fully customizable for common and individual users; including dashboards, workflows etc. 7. The Electronic Document Review system shall have the ability to allow other city personnel the ability view data by address, permit number, name, etc..., but not have user access to make changes. 6 City of Boynton Beach RFP No.023-1410-19/EM Page 649 of 1055 Markup Tools 1. The Electronic Document Review system shall create and customize a centralized library of comments for use across the City and agency users and per reviewer, project or discipline. Software must have the ability to record and search for all comments in the library related to a specific reviewer, project or discipline. 2. The Electronic Document Review system shall be able to search comments by category or subcategory. 3. The Electronic Document Review system shall hyperlink detailed comments or callouts and navigate to the location of the plan that is being referenced by comments. 4. The Electronic Document Review system shall allow for a hyperlink to any applicable Building codes, Fire codes, state or federal law, regulations, and the City of Boynton Beach Code of Ordinances. 5. The Electronic Document Review system shall have the ability to allow reviewers to set scales of measurements, accurately, allow for linear and area measurements, accurately scale plans, and calculate area of specific building feature and have system create grand total of square footage for all like features. Note: Plan reviewers must be able to measure accurately the lengths and widths of spaces that are not specifically illustrated.This functionality would ideally be delivered by having the user select two points in a linear path on the plan for the system to calculate.The other measurement would allow the ability to calculate the area of a space. 6. The Electronic Document Review system shall have the ability to keep and store records of projects. 7. The Electronic Document Review system shall have all markups and annotations as separate layers from the original plans. 8. The Electronic Document Review system shall have the ability to add, edit and customize tables/bookmarks, tag, group, extract, and tally features within a plan set. 9. The Electronic Document Review System shall have the ability to display the differences between the versions of submitted plans, and highlight those differences. When a revision on a previously submitted plan is submitted for review, the plan reviewer would like for the system to detect and identify any changes and/or differences from the old version to the new version. These changes may include changes made in response to a previous comment made by the plan reviewer, or changes/modifications to the plan that are different from the previous plan that have not been reviewed by the plan reviewer. 10. The Electronic Document Review system shall have the ability to create transparent overlay that can be marked up and applied to different portions of the plan set. 11. The Electronic Document Review system shall have the ability to change opacity, overlay and align at different scales and orientations of plans submitted. 12. The Electronic Document Review system shall have the ability to review three dimensional drawings and models. 13. The Electronic Document Review system shall have the ability to define colors of layers per work group or individual. 14. The Electronic Document Review system shall have the ability to edit and save revision letters in rich text format or Word format. 15. The Electronic Document Review system shall allow the supervisor the ability to approve or review plans for quality control,while protecting comments made by plans examiners. 7 City of Boynton Beach RFP No.023-1410-19/EM Page 650 of 1055 Technical Requirements 1. The Electronic Document Review system must have capability to archive information after a user defined period and retrieve the information for future reference. 2. The Electronic Document Review system must be capable of being fully integrated, with no redundant data or duplicate entry into the permitting system. 3. The Electronic Document Review system must be real-time application, updating all files as transactions occur.All/Any batch operations must be clearly defined. 4. The Electronic Document Review system components of the system must run in a virtual environment. 5. Every user who connects to the data base, through the application system, must have an individual login and password. 6. Provide a feature rich API enabling bi-directional integration between permitting systems and Plan Review software. Current Software is Naviline (aka: HTE, Sungard/Superion/Central Square) Building Permits application and Bluebeam Extreme (Bluebeam integration preferred). Plan Review Workflow 1. The Electronic Document Review system shall have an automated workflow that is project- oriented and allow additional configurations by the staff project manager or the system administrator. 2. The Electronic Document Review system shall allow the workflow to be configured by the City's application administrator and select Department of Development staff. 3. The Electronic Document Review system shall provide for automatic versioning of plans. 4. The Electronic Document Review system shall support simultaneous review of plans by multiple reviewers/users. 5. The Electronic Document Review system shall have the ability to manage dependencies where one review is dependent on the results of another review/approval. 6. The Electronic Document Review system shall allow for reviewers/users to be assigned to a set of plans by pre-defined business rules automatically, or manually, by the supervisor. 7. The Electronic Document Review system shall provide automated creation of the correction list based on markup comments. 8. The Electronic Document Review system shall be capable of secure electronic stamping or printing a watermark on a single page, all pages/plans within a set or a range of pages. 9. The Electronic Document Review system shall allow for secure user defined and customizable, electronic approval stamping that cannot be copied. Electronic stamping should also have the ability to include logo, date/time, electronic signature of reviewer, and a message as part of the stamp. 10. The Electronic Document Review system shall support digitized signatures.The system shall be able to verify a 3" party vendor and validated the Design Professional Signature. 11. The Electronic Document Review System shall be able to verify if a document is protected or password protected preventing markups. If the document is protected the system shall be able to prevent the upload of the document. Providing feedback to the user of the required ability to markup drawings. 12. The Electronic Document Review system shall provide a searchable queue of plans assigned to current and past individual reviewers. 13. The Electronic Document Review system shall have the ability to outsource reviews and still track the plans in the Software system. Software must have the ability to automatically send 8 City of Boynton Beach RFP No.023-1410-19/EM Page 651 of 1055 email alerts to customers after reviews are complete, as well as, automated email alerts, where applicable to supervisors and reviewers after customer submits revisions with corrections. 14. The Electronic Document Review system shall have the ability to allow supervisors to assign disciplines and reviewers to each project; control workflow and permission levels of staff; and set customizable automated deadline warnings; automated email notification of the set deadline warning sent to plan reviewers. 15. The Electronic Document Review system shall have the ability to display and simultaneously view multiple versions and sheets of the same document side by side, as well as, overlay and simultaneously view multiple versions and sheets of the same document.This requirement must be part of the electronic document review system. 16. The Electronic Document Review system shall have the ability to store and view all versions of active plans, from initial plan review through final approved plans, as well as, track the amount of time a plan has been in various phases of the process. Plan Submission/Customer Interface 1. The Electronic Document Review system shall integrate with the permitting system for plan submissions. Currently, the permit system does not store plans.The integration with the Electronic Document Review system and the permitting system would send and receive any data points related to a created record or updated record. Recently implemented and currently utilizing Bluebeam Projects for large scale developments in a digital format 2. The Electronic Document Review system shall allow customers to submit, resubmit plans, documents, maps and other document items electronically in multiple file formats, as well as provide real time progress of plan review. Feature must allow for customers to be automatically advised of incomplete or rejected submittals and the action(s) necessary to correct issues. 3. The Electronic Document Review system shall have the ability to create an online agreement where electronic signature is required before project is moved forward. 4. The Electronic Document Review system shall provide a feature where the original plan set is locked and cannot be changed after it is submitted so as to require all plan revisions to be done via submission of a new version. 5. The Electronic Document Review system shall contain feature that allows for the control of what the customer can submit,view and request to change. 6. The permitting system will allow the customer to upload revised plans and resubmit their plans, while attached to the same permit number, controlling for different versions to ensure that all plans examiners do not leave comments on previous versions of plans. 7. The Electronic Document Review system will allow customers to communicate with the staff who are working on their application. 8. The Electronic Document Review system will allow the customer to upload revised plans and resubmit their plans,while attached to the same permit number, controlling for different versions to ensure that all plans examiners do not leave comments on plans that have been previously reviewed. 9. The Electronic Document Review system will allow the customer to view their plans on the customer portal as review is in progress and the review's comments are sent over. Reports 1. The Electronic Document Review system shall have the ability to provide "ad-hoc" reporting capability, including, but not limited to, the ability to create and receive automated activity 9 City of Boynton Beach RFP No.023-1410-19/EM Page 652 of 1055 reports and extract data to .csv format.These reports should include high-level reports, including, but not limited to, plan volume,type of scope of work, value, workstream volume, and workstream value. 2. The Electronic Document Review system shall have the ability to have selectable newly-created reports via the application. 3. The Electronic Document Review system will track the plan review time from when the plans are released from intake to the time when the plans are marked "revisions required" or marked "approved/approved with comments." 4. The Electronic Document Review system will be able to generate reports on individual plans examiners workloads,time to review, number of reviews, type of reviews, and total time of reviews.This report should be able to provide data on each workstream. Mobile Inspections 1. The Permitting system Mobile Inspector software shall allow the inspector to be able to see the list of assigned inspections in their queue 2. The Permitting system Mobile Inspector software shall allow the inspector to Approve/ Partial Approve/Disapprove jobs from the field on mobile device 3. The Permitting system Mobile Inspector software shall allow the inspector to be able to input notes from the field on mobile device 4. The Permitting system Mobile Inspector software shall allow the inspector to be able to print results from field on mobile device and printer 5. The Permitting system Mobile Inspector software shall allow the inspector to be able to send results automatically emailed to the contractor 6. The Permitting system Mobile Inspector software shall be able to put resulted email on delay 7. The Permitting system Mobile Inspector software shall allow the inspector to speak notes into mobile device 8. The Permitting system Mobile Inspector software shall allow the inspector to be able to copy/paste text into inspection results (such as code sections) 9. The Permitting system Mobile Inspector software shall allow the inspector to be able to automatically release utilities (such as power and gas) after final inspections or designated inspections. 10. The Permitting system Mobile Inspector software shall allow the inspector to edit permit information in the field based on observation 11. The Permitting system Mobile Inspector software shall allow the inspector to add re- inspection fee in the field 12. The Permitting system Mobile Inspector software shall allow the inspector to create additional inspections in the field 13. The Permitting system Mobile Inspector software shall allow the inspector to create additional permits in the field 14. The Permitting system Mobile Inspector software shall allow the inspector to see complete permit history in the field 10 City of Boynton Beach RFP No.023-1410-19/EM Page 653 of 1055 15. The Permitting system Mobile Inspector software shall allow the inspector to route inspections from start to finish and adjust sequence of stops. 16. The Permitting system Mobile Inspector software shall allow the ability of the customer to see inspection results. 17. The Permitting system Mobile Inspector software shall allow the customer the ability to see an estimated time of arrival of the Inspector. 18. The Permitting system Mobile Inspector software shall allow the administrator to track the inspector's timeline of inspections and time spend at each inspection. 19. The Permitting system Mobile Inspector software shall allow the administrator to adjust inspections in the queue and add/remove Inspections during the course of a day. 20. The Permitting system Mobile Inspector software shall show a map of inspections scheduled per trade color coordinated. Preference for integration with city GIS data.The City currently uses ESRI ArcGIS software version 10.5.1. 21. The Permitting system Mobile Inspector software shall show a map of inspections scheduled per trade and have the ability to show/hide other trades. Preference for integration with city GIS data. The City currently uses ESRI ArcGIS software version 10.5.1. 22. The Permitting system Mobile Inspector software shall allow the inspector to work online or offline. 23. The Permitting system Mobile Inspector software shall allow the inspector to view the approved electronic plans in the field online of offline. GIS Integration The City of Boynton Beach currently uses ESRI ArcGIS software version 10.5.1 for its GIS. It is desired that the Electronic Plan Review and document system be capable of integrating with the GIS. • As part of the proposal,vendors shall identify and describe how their system can be integrated with the GIS system (i.e. mobile inspections, routing, etc.). Security It is desired that the system be able to limit users to specified types of data, responsibilities or roles, and associated passwords. In addition, the system should allow for the creation of strong passwords, with password aging and mandatory change intervals. Below are questions the prospective vendor MUST answer. Data Center: 1. Where is the system, application and data hosted? 2. Does the data reside within the US or another country? 3. Explain which data center provider will be used for our environment, and the relationship between your company and that provider. 4. How is the City's environment/data segregated from other cloud client's data? 5. Who besides City Staff will have access to our data? 6. At the end of our contract, how do we get a copy of the data? 7. What type of internal and external threats do you prepare for? 8. What access will the City have to audit the security of the hosted environment? ii City of Boynton Beach RFP No.023-1410-19/EM Page 654 of 1055 9. What form of network security is in place to protect the data? 10. What form of physical security is maintained at the Data Center? 11. What is the security response procedure for a security breach? 12. Do we have visibility into monitoring tools, security events and responses to those events? 13. What type of trouble-shooting tools are available to IT personnel to check the connectivity to the data? User Account Management: 1. Who is responsible for assigning the access and roles of City users in the application? 2. Can users change their own password at any time? Describe the process to change passwords. 3. What level of client password complexity is enforced? 4. How frequent are users forced to change their password? 5. Will the user's account lock after multiple invalid attempts to login? 6. What happens when an external user's account locks out? 7. Describe the process to unlock a locked out user account. 8. Is there a global administrator or is it departmental? 9. What is the process for termination of a user's access to the site? 10. How would the City request a system change if a user is terminated? 11. What notification of password change requirement is in place? 12. What level of password complexity is enforced? 13. What type of checks and balances are in place to prevent a single user from doing a malicious act? Miscellaneous: 1. What are the network bandwidth requirements to connect to your system from the City? 2. What compliance standards are you certified for? 3. What browsers are not supported for connecting to the application? 4. Are any host checking procedures performed on the client initiating a connection to the application? 5. Are file uploads allowed to the site? 6. What error checking or security screening is done on any allowed attachments that are uploaded? 7. How often are new software or security enhancements introduced to the system? 8. Are regularly produced audits of activity in the application available? 9. Is there a test environment that new users can train on? 10. Are there audits of user's connection-related information, like what tasks were done during the user's session, data modifications, etc.? 11. What are your service level agreements? 12. What is your issue escalation policy? Compliance with the Americans with Disabilities Act Section 508 and WCAG 2.0 AA: 1. Must comply with Section 508 of the Americans with Disabilities Act. 2. Must comply with Web Content Accessibility Guidelines (WCAG) 2.0 AA. 12 City of Boynton Beach RFP No.023-1410-19/EM Page 655 of 1055 Support, Maintenance and Expansion Explain in your proposal all support, maintenance, and expansions. Year 1 of support and maintenance should be included in price. Please itemize support and maintenance costs for years 2,3,4 and 5. Warranty Describe or enclose all warranties included. Section III - PROPOSAL SUBMITTAL INSTRUCTIONS AND REQUIREMENTS I. In order to facilitate the analysis of responses to this RFP, Respondents are required to prepare their proposals in accordance with the instructions outlined in this section. Vendors whose proposals deviate from these instructions may be considered non- responsive and may be disqualified at the discretion of the City of Boynton Beach. II. Proposals shall be prepared as simply as possible and provide a straightforward, concise description of the Respondent's capabilities to satisfy the requirements of the RFP. Expensive bindings, color displays, promotional materials, etc., are not necessary or desired. Emphasis shall be concentrated on accuracy, completeness, and clarity of content. a. Each of the eight (8) sections listed below shall be tabbed and labeled. b. Each page shall be numbered on the bottom right hand corner. c. Submit one (1) original proposal and two (2) copies + one (1) electronic copy on flash drive or CD/DVD. d. The proposal shall be organized as follows: Proposal Tab Section Title 1. Introduction letter/ Statement of Interest 2. Statement of Organization /Executive Summar 3. Minimum Qualifications and Requirements 4. Qualifications/Experience of Proposer 5. Similar Projects/ References 6. Project Understanding and Proposed Solution 7. Implementation Schedule 8. Cost Proposal 9. Submittal Forms TAB 1 - INTRODUCTION LETTER / STATEMENT OF INTEREST — The Respondent shall provide an introduction letter on corporate letterhead, signed by an authorized representative of the company. The letter should clearly indicate the company name, address and signature. This letter shall provide a brief narrative highlighting the Respondent's proposal and provide a brief overview of your company, including the number of years in business, background, and history. This tab section should not include cost quotations. TAB 2 — STATEMENT OF ORGANIZATION_= The Respondent shall provide the following information: A. Legal contracting name including any dba. B. State of organization or incorporation. C. Ownership structure of Respondent's company. 13 City of Boynton Beach RFP No.023-1410-19/EM Page 656 of 1055 (e.g., Sole Proprietorship, Partnership, Limited Liability Corporation, Corporation) D. Federal Identification Number. E. Contact information for Respondent's corporate headquarters. Address City, State, Zip Phone F. Contact information for Respondent's Local office (if any). Address City, State, Zip Phone G. List of officers, owners and/or partners, or managers of the firm. Include names, business addresses, email addresses, and phone numbers. H. Any additional organizational information that Respondent wishes to supply to augment its organizational structure. I. Contact information for Respondent's Primary representative during this RFP process. Name Phone E-mail Mailing Address City, State, Zip J. Contact information for Respondent's Secondary representative during this RFP process. Name Phone E-mail Mailing Address City, State, Zip K. Briefly summarize any potential conflicts of interest, pending or current litigation relating to the performance of requested surveying services in which Respondent is party to. Disclose any circumstance where the conduct of the Respondent is being investigated or has had an adverse determination by any legal or administrative body. L. Provide details of any ownership changes to Respondent's organization in the past three years or changes anticipated within six months of the Due Date and Time (e.g., mergers, acquisitions, changes in executive leadership). TAB 3 — MINIMUM QUALIFICATIONS AND REQUIREMENTS — Each respondent shall submit information and documentation requested that confirms it meets the following qualification requirement(s): A firm submitting a proposal must meet the following requirements: 14 City of Boynton Beach RFP No.023-1410-19/EM Page 657 of 1055 A. Adequate experience and qualifications of firm and individuals assigned to this agreement to complete the services described herein. B. Name and resume of proposed management members who will supervise this operation. C. Reasonable cost of services and products. D. Proof that the firm has required licenses to operate in the County and the State of Florida. E. Submit a sample commission report currently using with proposal TAB 4— QUALIFICATIONS, EXPERIENCE OF PROPOSER— A. The Respondent shall describe its qualifications and demonstrated experience with services of this scale and similar complexity. B. Describe any education, training, experience, certifications, registrations, familiarity with requested services. Attach resumes and experience of additional personnel to be assigned to the City of Boynton Beach. TAB 5— SIMILAR PROJECTS/ REFERENCES — Provide at least three (3) references from at least three (3) clients to include any government agencies in the state of Florida, for whom you have provided or are currently providing with your services. Please include the name of the agency, contact name, telephone, fax and email address TAB 6 — PROJECT UNDERSTANDING AND PROPOSED SOLUTION.7 Describe the firm's understanding of the objectives. Describe the proposed system, and how the system will meet the described needs. Proposals shall: • Identify the database software upon which the system is built, along with description of how our data can be imported to or exported from the system. • Specify the licensing requirements for your system, the types of licensed users who can use the system, along with cost breakdowns (if applicable). Based on current staffing levels, City of Boynton Beach sees a need for 35 - 40 users. This is not a constant use of the system by all 35 —40 users. The city has contracts with outside services providers to assist with day to day operations. It also staff that are trained to assist with day to day workflows if need be. Based on such, there would be more of a constant use of the system between 15-20 users. o Building Department Administrative/Intake Staff— 11 users o Building Department Plan Reviewers/Inspectors — 10 users 15 City of Boynton Beach RFP No.023-1410-19/EM Page 658 of 1055 ■ 5 consultant Inspectors (miscellaneous staff from different providers providing services on any given day) o Fire Plan Reviewers/Inspectors —4 users o P&Z Plan Reviewers/Inspectors —4 users o Engineering Plan Reviewers/Inspectors 4 users o Utilities Plan Reviewers/Inspectors —2 users o Public Art — 1 user o Police —2 users o Citizens/contractors (potentially unlimited) • Describe the types and hours of support available to users. Identify minimum response times for major problems (e.g., on-site support within 4 hours?). Support shall include, but is not limited to, free software upgrades, patches, scripts, etc. • Describe the system's ability to grow in size as City of Boynton Beach grows. For example, what changes would be needed in the future if the City's population, and associated staff and assets, grows from the current 75,000 people to 120,000 or more? Note if there is an upper limit that would require a substantial upgrade. • Specifically note the system's ability to handle additional users without a negative impact on performance. • Describe the amount and type of training included in the proposal. Provide line-item costs for the training activities and options. It may be desirable to have a kick-off training session and then a follow-up several weeks or months into use. Identify support numbers, emails, on-line references, training manuals, etc. that are available. Describe successful implementation processes used in similar-sized municipalities. • Describe the security features associated with the system. • Describe the type and duration of warranty(s) provided with the system. • Separately identify any proposed features above and beyond those sought through this RFP, but which you wish to propose as adding value for the city. • Describe deployments of your software and service to other municipal customers that are similar to what we have described in our organization (specifically the "Naviline Building Permits" application). TAB 7 — IMPLEMENTATION SCHEDULE — The selected Vendor ("Contractor') shall take the lead in the implementation of the software. Specifically, the Contractor's staff to supply the majority of the implementation labor to install and configure the software as well as to provide project leadership, best practices, and tools to 16 City of Boynton Beach RFP No.023-1410-19/EM Page 659 of 1055 guide and effectively collaborate with staff to design, implement, test, train, deploy, and stabilize a complete and operational electronic document review system and mobile inspector module according to the requirements and functionality prescribed within this document. • Provide a detailed implementation schedule, with a narrative explanation of the process, for deploying the software system from project `kickoff' through `LIVE' use, relative to an assumed Notice to Proceed. TAB 8 — PRICE PROPOSAL— The Respondent shall submit a price schedule that includes the automated Plan Review Submittal and Markup Management System including a Mobile Inspection software along with any support, maintenance, expansion, and warranty. Year 1 of support and maintenance should be included in price. Please itemize support and maintenance costs for years 2,3,4 and 5. TAB 9 — SUBMITTAL FORMS — Respondents must complete and submit the required forms in order for submittal to be considered a valid response. DO NOT INCLUDE YOUR PRICE PROPOSAL FORMS IN THIS SECTION RATHER INCLUDE IT IN TAB 8—PRICE PROPOSAL. ■ Proposer's Acknowledgement ■ Acknowledgment of Addendum(s) ■ Statement of Proposer's Qualifications ■ References ■ Anti-Kickback Affidavit ■ Non Collusion Affidavit of Prime Proposer ■ Confirmation of Minority Owned Business ■ Confirmation of a Drug Free Workplace ■ Acknowledgement of PBC Inspector General ■ City of Boynton Beach Local Business Status ■ Scrutinized Companies Certification Form ■ Schedule of Sub-Consultants ■ Statement of No Proposal (if applicable) THE REMAINDER OF THE PAGE IS INTENTIONALLY LEFT BLANK. 17 City of Boynton Beach RFP No.023-1410-19/EM Page 660 of 1055 Section IV— PROPOSAL EVALUATION METHOD AND CRITERIA: The City will designate a Selection Committee to review and evaluate the Proposals submitted in response to this RFP. Each Selection Committee member will evaluate, rank and score the proposals for each of the evaluation criteria. The Selection Committee may create a short list of Respondents from the proposals received and elect to conduct interviews/presentations with the short-listed firms. If the Selection Committee elects to short-list, only those proposals from Respondents that are short-listed will be considered for award of the Agreement. The Selection Committee may rank proposals without conducting interviews with Proposers. Therefore, each Respondent must ensure that its proposal contains all of the information requested in this RFP. The Selection Committee, may, at its discretion, request interviews with one of more of the Proposers. If interviews are conducted, the evaluation will be on the knowledge demonstrated by the Proposer and its team member and comprehensive explanations and/or augmentation of information. Consideration will also be given for presentation style. Clarification information as well as information obtained during the interview process will be considered in the final evaluations and ranking of Proposals. All costs incurred by Proposer to participate in the interview, including travel, will be the sole responsibility of the Proposer. Upon completion of the discussions, interviews or presentations, if conducted, the Committee will re-evaluate, re-rate and re-rank the proposals remaining in consideration based upon the evaluation criteria listed above. At any time during the Selection process, the City may conduct investigations it deems necessary to evaluate the Proposals. Each Proposer shall promptly provide the City with any additional information reasonably requested by the City. The City shall have the right to make additional inquiries visit the facilities of one or more of the Proposers, or take any other action the City deems necessary to fairly evaluate a Proposal. At any time during the Selection process, the City may reject a proposal if the City concludes the Proposer is not qualified (e.g. Proposer does not satisfy the minimum requirements criteria set forth in this RFP). The Purchasing Manager shall determine whether each Respondent is responsive and responsible. For the purposes of this RFP, a responsive Respondent means a Firm that has submitted a proposal that conforms in all material respects to the requirements in the RFP. Accordingly, the Purchasing Manager will determine whether each Proposer correctly submitted all of the necessary forms and documents. Among other things, a proposal may be found to be non-responsive if the Respondent failed to provide the information requested in the RFP; failed to utilize or complete the required forms; provided incomplete, indefinite, or ambiguous responses; failed to comply with the applicable deadlines; provided improper or undated signatures; or provided information that is false, misleading, or exaggerated. THE REMAINDER OF THE PAGE IS INTENTIONALLY LEFT BLANK. 18 City of Boynton Beach RFP No.023-1410-19/EM Page 661 of 1055 The Selection Committee will evaluate each proposal utilizing the following criteria: Criterion Max Score COMPANY HISTORY & EXPERIENCE 10 SCOPE & PRODUCT OFFERED: 25 IMPLEMENTATION SCHEDULE 20 PRICE PROPOSAL 25 TECHNICAL APPROACH 15 LOCAL BUSINESS FORM 5 Total 100 1. COMPANY HISTORY & EXPERIENCE 10 points Proposals will score the highest in this category that demonstrate Company stability and experience in providing system software to comparable governments and similar organizations 2. SCOPE & PRODUCT OFFERED 25 points This category will evaluate how well the offered product meets the requirements and needs of the city. 3. IMPLEMENTATION SCHEDULE This scoring category rates the proposed implementation schedule for the software system, relative to an assumed Notice to Proceed. In addition to the overall time required to get the system up and running, it also considers the ease (or challenges) in importing data, conversions and complexity of training and use. 4. PRICE PROPOSAL 25 points The Respondent shall submit a price schedule that includes the automated Plan Review Submittal and Markup Management System including a Mobile Inspection software along with any support, maintenance, expansion, and warranty. Year 1 of support and maintenance should be included in price. Please itemize support and maintenance costs for years 2, 3, 4 and 5. 5. TECHNICAL APPROACH 15 points This category is used to rate the overall effectiveness of communication via text, table, figures and graphics; the relevance of the information to the RFP; the layout, organization and professionalism of the proposal 19 City of Boynton Beach RFP No.023-1410-19/EM Page 662 of 1055 A. Understanding of Scope of Work. B. Technical soundness of proposal. 6. LOCAL BUSINESS FORM 5 points A. A business located within the city limits of Boynton Beach, FL that submits a completed Local Business Form shall receive full points for this criterion. At any time during the Selection process, the City may reject a proposal if the City concludes the Proposer is not qualified (e.g. Proposer does not satisfy the minimum requirements criteria set forth in this RFP). 20 City of Boynton Beach RFP No.023-1410-19/EM Page 663 of 1055 REQUEST FOR PROPOSALS FOR "ELECTRONIC PLAN REVIEW SUBMITTAL AND MARKUP MANAGEMENT SYSTEM WITH MOBILE INSPECTION SOFTWARE" RFP No.: 034-2410-19/EM GENERAL CONDITIONS 1. FAMILIARITY WITH LAWS: The qualifier is assumed to be familiar with all Federal, State and Local laws, ordinances, rules and regulations that in any manner affect the equipment. Ignorance on the part of the qualifier will in no way relieve them from responsibility. 2. BID FORMS: The bidder will submit a bid on the bid forms provided. All bid prices, amounts and descriptive information must be legibly entered. The bidder must state the price and the time of delivery for which they propose to deliver the equipment or service requested. The bidder IS required to be licensed to do business as an individual, partnership or corporation in the State of Florida. Place all required bid forms in a sealed envelope that has the company's name and address, proposal title, number, proposal date and time on the outside of the sealed envelope. Proposals not submitted on appropriate proposal forms may be rejected. All proposals are subject to the conditions specified herein. Proposals which do not comply with these conditions are subject to rejection. 3. EXECUTION OF BID: Proposal must contain an original signature of a representative who is legally authorized to contractually bind the Proposer. 4. NO BID: If not submitting a proposal, respond by returning one copy of the"STATEMENT OF NO BID" and explain the reason by indicating one of the reasons listed or in the space provided. Repeated failure to quote without sufficient justification shall be cause for removal of the Professional's name from the mailing list. NOTE: To qualify as a respondent, bidder must submit a "NO BID" and it must be received no later than the stated bid receiving date and hour. 5. BID DEADLINE: It is the proposer's responsibility to assure that the proposal is delivered at the proper time and place prior to the proposal deadline. The City of Boynton Beach is not responsible for the U.S. Mail or private couriers in regards to mail being delivered by a specified time so that a proposal can be considered. Proposals which for any reason are not delivered by the deadline will not be considered. If no award has been made, the City reserves the right to consider proposals that have been determined by the City to be received late due to mishandling by the City after receipt of the proposal. Offers by telegram or telephone are not acceptable. 6. RIGHT TO REJECT RFP: Right is reserved to reject any or all RFP's and to waive technical errors, or to accept any RFP's that are in part deemed as the best responsible qualifier which represents the most advantageous RFP to the City. In determining the ,'most advantageous RFP", price, quantifiable factors, and other factors are considered. This would include specifications, proposed schedule, the proposed price and other factors contributing to the overall acquisition cost of this service. Consideration may be given, but not necessarily limited to conformity to the specifications, including timely delivery, product warranty, a qualifier's proposed service, ability to supply and provide service, delivery to required schedules and past 21 City of Boynton Beach RFP No.023-1410-19/EM Page 664 of 1055 performances in other Contracts with the City or other government entities. 7. RIGHTS OF THE CITY: The City expressly reserves the right to: ■ Waive as an informality, minor deviations from specifications at a lower price than the best responsible qualifier meeting all aspects of the specifications and consider it, if it is determined that total cost is lower and the overall function is improved or not impaired; ■ Waive any defect, irregularity or informality in any RFP or qualifying procedure; ■ Reject or cancel any or all RFP's; ■ Reissue Request for Proposal Invitation; ■ Extend the RFP opening time and date; ■ Consider and accept an alternate RFP as provided herein when most advantageous to the City. 8. STANDARDS: Factors to be considered in determining whether the standard of responsibility has been met include whether a prospective qualifier has: ■ Available the appropriate financial, material, equipment, facility and personnel resources and expertise, or the ability to obtain them, necessary to indicate its capability to meet all contractual requirements; ■ A satisfactory record of performances; ■ A satisfactory record of integrity; ■ Qualified legally to Contract within the State of Florida and the City of Boynton Beach; ■ Supplied all necessary information in connection with the inquiry concerning responsibility. 9. INFORMATION AND DESCRIPTIVE LITERATURE: Proposers must furnish all information requested in the spaces provided on the RFP form. Further, as may be specified elsewhere, each qualifier must submit for RFP evaluation cuts, sketches, and descriptive literature and technical specifications covering the products offered. Reference to literature submitted with a previous RFP or on file with the buyer will not satisfy this provision. 10. INTERPRETATIONS: Any questions concerning conditions and specifications should be directed to this office in writing no later than ten (10) days prior to the RFP closing. Inquiries must reference the date by which the RFP is to be received. 11. CONFLICT OF INTEREST: The award hereunder is subject to all conflict of interest provisions of the City of Boynton Beach, Palm Beach County, of the State of Florida. 12. TRADE SECRET:Any language contained in the Proposer's Proposal purporting to require confidentiality of any portion of the Proposal, except to the extent that certain information is in the City's opinion a Trade Secret pursuant to Florida law, shall be void. If a Proposer submits any documents or other information to the City which the Proposer claims is Trade Secret information and exempt from Florida Statutes Chapter 119.07 (Public Records Laws), the 22 City of Boynton Beach RFP No.023-1410-19/EM Page 665 of 1055 Proposer shall clearly designate that it is a Trade Secret and that it is asserting that the document or information is exempt. The Proposer must specifically identify the exemption being claimed under Florida Statutes 119.07. The City shall be the final arbiter of whether any information contained in the Proposer's Proposal constitutes a Trade Secret. The City's determination of whether an exemption applies shall be final, and the Proposer agrees to defend, indemnify, and hold harmless the City its officers, employees, volunteers, and agents, against any loss or damages incurred by any person or entity as a result of the City's treatment of records as public records. Proposals purporting to be subject to copyright protection in full or in part will be rejected. EXCEPT FOR CLEARLY MARKED PORTIONS THAT ARE BONA FIDE TRADE SECRETS PURSUANT TO FLORIDA LAW, DO NOT MARK YOUR PROPOSAL AS PROPRIETARY OR CONFIDENTIAL. DO NOT MARK YOUR PROPOSAL OR ANY PART THEREOF AS COPYRIGHTED. 13. SUBCONTRACTING: If a qualifier subcontracts any portion of a Contract for any reason, they must state the name and address of the subcontractor and the name of the person to be contacted on the attached "Schedule of Subcontractors". The City of Boynton Beach reserves the right to accept or reject any or all RFP's wherein a subcontractor is named and to make the award to the qualifier, who, in the opinion of the City, will be in the best interest of and/or most advantageous to the City. The City also reserves the right to reject the RFP of any qualifier if the RFP names a subcontractor who has previously failed in the proper performance of an award or failed to deliver on time Contracts of a similar nature, or who is not in a position to perform properly under this award. The City reserves all rights in order to make a determination as to the foregoing. 14. ADDENDA: From time to time, the City may issue an addendum to change the intent or to clarify the meaning of the Contract documents. Since all addenda are available to Proposers at the Office of Procurement Services, it is each qualifier's responsibility to check with the issuing office and immediately secure all addenda before submitting RFP's. It is the usual practice for the City to upload all addenda to Demanstar.com, but it cannot be guaranteed that all Proposers will receive ALL addendum(s) in this manner. Each qualifier shall acknowledge receipt of ALL addenda by notation on the RFP. 15. ESCALATOR CLAUSE: Any RFP which is submitted subject to an escalator clause will be rejected. 16. EXCEPTIONS: Incorporation in an RFP of exceptions to any portion(s), of the Contract documents may invalidate the RFP. Exceptions to the Technical and Special Provisions shall be clearly and specifically noted in the qualifier's RFP on a separate sheet marked "EXCEPTIONS TO THE SPECIFICATIONS" and this sheet shall be attached to the RFP. The use of qualifier's standard forms or the inclusion of manufacturer's printed documents shall not be construed as constituting an exception within the intent of the Contract documents. 17. DISPUTES: In case of any doubt or difference of opinion as to the items to be furnished hereunder, the decision of the City Manager shall be final and binding on both parties. 18. ANTITRUST CAUSE OF ACTION: In submitting an RFP to the City of Boynton Beach, the respondent offers and agrees that if the RFP is accepted, the respondent will convey, sell, assign or transfer to the City of Boynton Beach all rights, title and interest in and to all causes of action it may now or hereafter acquire under the antitrust laws of the United States and State of Florida for price fixing relating to the particular commodities or services purchased or acquired by the City of Boynton Beach. At the City of Boynton Beach's discretion, such 23 City of Boynton Beach RFP No.023-1410-19/EM Page 666 of 1055 assignment shall be made and become effective at the time the purchasing agency tender's final payment to the respondent. 19. GOVERNMENTAL RESTRICTIONS: In the event any governmental restrictions may be imposed which would necessitate alteration of the material, quality, workmanship or performance of the items offered on this RFP prior to their delivery, it shall be the responsibility of the successful qualifier to notify the City at once, indicating in a letter the specific regulation which required an alteration. The City reserves the right to accept any such alterations, including any price adjustments occasioned thereby, or to cancel the Contract at no expense to the City. 20. LEGAL REQUIREMENTS: Federal, State, County, and City laws, ordinances, rules, and regulations that in any manner affect the items covered herein apply. Lack of knowledge by the qualifier will in no way be a cause for relief from responsibility. 21. ON PUBLIC ENTITY CRIMES - All Request for Proposal Invitations as defined by Section 287.012(l 1), Florida Statutes, Requests for Proposal as defined by Section 287.012(16), Florida Statutes, and any contract document described by Section 287.058, Florida Statutes, shall contain a statement informing persons of the provisions of paragraph (2)(a) of Section 287.133, Florida Statutes, which reads as follows: "A person or affiliate who has been placed on the convicted Professional list following a conviction for public entity crime may not submit an RFP on a contract or provide any goods or services to a public entity, may not submit an RFP on a contract with a public entity for the construction or repair of a public building or public work, may not submit RFP's on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted Professional list'. 22. ADVERTISING: In submitting an RFP, the qualifier agrees not to use the results therefrom as a part of any commercial advertising. Violation of this stipulation may be subject to action covered under"NONCONFORMANCE TO CONTRACT CONDITIONS". 23. ASSIGNMENT: Any Purchase Order issued pursuant to this RFP invitation and the monies which may become due hereunder are not assignable except with the prior written approval of the City. 24. LIABILITY: The selected bidder(s) shall hold and save harmless the City of Boynton Beach, Florida its officers, agents, volunteers and employees from liability of any kind in the performance of this Contract. Further, the selected bidder(s) shall indemnify, save harmless and undertake the defense of the City, its City Commissioners, agents, servants an employees from and against any and all claims, suits, actions, damages, or causes of action arising during the term of this Contract,for any personal or bodily injury, loss of life, or damage to property arising directly or indirectly from bidder's operation pursuant to this Contract and from and against all costs, attorney fees, expenses and liabilities incurred in and about any such claims, the investigation thereof, or the defense of any action or proceedings brought thereon, and from and against any orders or judgments which may be entered therein. The City shall notify the bidder within ten (10) business days of receipt by the City of any claim, suit or action against the City arising directly or indirectly from the operations of the bidder hereunder, for which the City may be entitled to a claim or indemnity against the bidder, under 24 City of Boynton Beach RFP No.023-1410-19/EM Page 667 of 1055 the provisions of this Contract. Bidder shall have the right to control the defense of any such claim, suit, or actions. The bidder shall also be liable to the City for all costs, expenses, attorneys' fees and damages which may be incurred or sustained by the City by reason of the bidder's breach of any of the provision of the contract. Bidder shall not be responsible for negligent acts of the City or its employees. 25. PURCHASING AGREEMENTS WITH OTHER GOVERNMENT AGENCIES: At the option of the Professional, the use of the contract resulting from this solicitation may be extended to other governmental agencies, including the State of Florida, its agencies, school boards, political subdivisions, counties, and cities. Each governmental agency allowed by the Contractor to use this contract shall do so independent of any other governmental entity. Each agency shall be responsible for its own purchases and shall be liable only for goods or services ordered, received and accepted. No agency receives any liability by virtue of this bid and subsequent contract award. 26. AWARD OF CONTRACT: Contracts or Purchase Orders will be awarded by the City to the most responsive, responsible qualifier whose RFP represents the most advantageous RFP to the City, Evaluation of RFP's will be made based upon the evaluation factors and standards heretofore set forth. The City reserves the right to reject any and all RFP's and to waive technical errors as heretofore set forth. In the event of a Court challenge to an award by any qualifier, damages, if any, resulting from an improper award shall be limited to actual RFP preparation costs incurred by the challenging qualifier. In no case will the award be made until all necessary investigations have been made into the responsibility of the qualifier and the City is satisfied that the best responsible qualifier is qualified to do the work and has the necessary organization, capital and equipment to carry out the required work within the time specified. 27. FUNDING OUT: The resultant Agreement shall remain in full force and effect only as long as the expenditures provided for in the Agreement have been appropriated by the City Commission for the City of Boynton Beach in the annual budget for each fiscal year of this Agreement, and is subject to termination based on lack of funding. 28. LICENSE AND PERMITS: It shall be the responsibility of the successful qualifier to obtain all licenses and permits, if required, to complete this service at no additional cost to the City. Licenses and permits shall be readily available for review by the Assistant to the Finance Director and City Inspectors. 29. COMPLIANCE WITH OCCUPATIONAL SAFETY AND HEALTH: Qualifier certifies that all material, equipment, etc., contained in this RFP meets all O.S.H.A. requirements. Qualifier further certifies that if awarded as the successful qualifier, and the material equipment, etc. delivered is subsequently found to be deficient in any O.S.H.A. requirement in effect on date of delivery, all costs necessary to bring the materials, equipment, etc., into compliance with the aforementioned requirements shall be borne by the qualifier. Qualifier certifies that all employees, subcontractors, agents, etc. shall comply with all O.S.H.A. and State safety regulations and requirements. 30. PALM BEACH COUNTY INSPECTOR GENERAL: The contractor is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of any contracts resulting from this solicitation, and in furtherance thereof, may demand and obtain records and testimony from the contractor and its subcontractors. The contractor understands and agrees that in addition to all other remedies and consequences provided by law, the failure of the contractor or its subcontractors or lower tier subcontractors to fully cooperate with the 25 City of Boynton Beach RFP No.023-1410-19/EM Page 668 of 1055 Inspector General when requested, may be deemed by the municipality to be a material breach of this contract justifying its termination. 31. PUBLIC RECORDS: Sealed documents received by the City in response to an invitation are exempt from public records disclosure until thirty (30) days after the opening of the Bid unless the City announces intent to award sooner, in accordance with Florida Statutes 119.07. The City is public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: A. Keep and maintain public records required by the CITY to perform the service; B. Upon request from the CITY's custodian of public records, provide the CITY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in chapter 119, Fla. Stat. or as otherwise provided by law; C. Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and, following completion of the contract, Contractor shall destroy all copies of such confidential and exempt records remaining in its possession once the Contractor transfers the records in its possession to the CITY; and D. Upon completion of the contract, Contractor shall transfer to the CITY, at no cost to the CITY, all public records in Contractor's possession All records stored electronically by Contractor must be provided to the CITY, upon request from the CITY's custodian of public records, in a format that is compatible with the information technology systems of the CITY. E. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: JUDY PYLE, CITY CLERK 3301 QUANTUM BLVD., SUITE 101 BOYNTON BEACH, FLORIDA, 33426 561-742-6061 PYLEJ@BBFL.US 32. LOCAL BUSINESS STATUS CERTIFICATION: The City of Boynton Beach Administrative Policy No. 10.16.01 provides for a local business preference. "For all acquisitions made pursuant to Requests for Proposals, Requests for Qualifications or Requests for Letters of Interest, the solicitation shall include a weighted criterion for Local Businesses of five percentage points (5%) of the total points in the evaluation criteria 26 City of Boynton Beach RFP No.023-1410-19/EM Page 669 of 1055 published in the.solicitation. For all acquisitions made pursuant to Requests for Proposals, Requests for Qualification or Requests for Letters of Interest, where the solicitation includes a qualitative ranking rather than a quantitative selection, the evaluation criteria shall include a Local Business preference, as reasonably determined by the Financial Services Department, Purchasing Services, consistent with the intent of this Policy. Each such solicitation shall clearly define the application of the Local Business preference." In order to be considered for a local business preference, a Respondent must include the Local Business Status Certification Form at the time of RFP submittal. Failure to submit this form at the time of RFP submittal will result in the Respondent being found ineligible for the local business preference for this solicitation. Respondents who are certified as required will receive the full five points allotted for this evaluation criteria. All other firms will receive zero points in this evaluation criterion. 33. SCRUTINIZED COMPANIES - 287.135 and 215.473 By submission of this Bid, Proposer certifies that Proposer is not participating in a boycott of Israel. Proposer further certifies that Proposer is not on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has Contractor been engaged in business operations in Syria. Subject to limited exceptions provided in state law, the City will not contract for the provision of goods or services with any scrutinized company referred to above. Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to Contractor of the City's determination concerning the false certification. Contractor shall have five (5) days from receipt of notice to refute the false certification allegation. If such false certification is discovered during the active contract term, Contractor shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If Contractor does not demonstrate that the City's determination of false certification was made in error then the City shall have the right to terminate the contract and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time. QUESTIONS: Any questions relative to any item(s) or portion of Request for Proposal should be directed to Eric Marmer, Buyer, (561) 742-6318 Monday through Friday from 8:00 A.M. to 5:00 P.M; email: marmereC_ fl.us THE REMAINDER OF THE PAGE IS INTENTIONALLY LEFT BLANK. 27 City of Boynton Beach RFP No.023-1410-19/EM Page 670 of 1055 REQUEST FOR PROPOSALS FOR "ELECTRONIC PLAN REVIEW SUBMITTAL AND MARKUP MANAGEMENT SYSTEM WITH MOBILE INSPECTION SOFTWARE" RFP No.: 034-2410-19/EM PROPOSER ACKNOWLEDGEMENT Submit RFP's to: PROCUREMENT SERVICES 3301 Quantum Blvd., Suite 101 Boynton Beach, Florida 33426 Telephone: (561) 742-6322 RFP Title: "ELECTRONIC PLAN REVIEW SUBMITTAL AND MARKUP MANAGEMENT SYSTEM WITH MOBILE INSPECTION SOFTWARE" RFP Number: 034-2410-19/EM RFP Received by: July 8, 2019, NO LATER THAN 2:30 P.M. RFP's will be opened in Procurement Services unless specified otherwise. RFP receiving date and time is scheduled for: July 8, 2019, NO LATER THAN 2:30 P.M. (LOCAL TIME) and may not be withdrawn within ninety (90) days after such date and time. All awards made as a result of this RFP shall conform to applicable sections of the charter and codes of the City. Name of Professional: Federal I.D. Number: A Corporation of the State of: Area Code: Telephone Number: Area Code: FAX Number: Mailing Address: City/State/Zip: E-mail Address: Authorized Signature Name Typed 28 THIS PAGE TO BE SUBMITTED FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Page 671 of 1055 A D D E N D A CITY OF BOYNTON BEACH FLORIDA RFP TITLE: "ELECTRONIC PLAN REVIEW SUBMITTAL AND MARKUP MANAGEMENT SYSTEM WITH MOBILE INSPECTION SOFTWARE" RFP NO.: 034-2410-19/EM DATE SUBMITTED: We propose and agree, if this submittal is accepted, to contract with the City of Boynton Beach, in the Contract Form, to furnish all material, means of transportation, coordination, labor and services necessary to complete/provide the work specified by the Contract documents. Having studied the documents prepared by: THE CITY OF BOYNTON BEACH We propose to perform the work of this Project according to the Contract documents and the following addenda which we have received: ADDENDUM DATE ADDENDUM DATE ❑ NO ADDENDUM WAS RECEIVED IN CONNECTION WITH THIS BID 29 THIS PAGE TO BE SUBMITTED FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Page 672 of 1055 STATEMENT OF QUALIFICATIONS Each qualifier proposing on work included in these General Documents shall prepare and submit the data requested in the following schedule of information. This data must be included in and made part of each RFP document. Failure to comply with this instruction may be regarded as justification for rejecting the RFP response. * attach additional sheets giving the information 1. Name of Qualifier: 2. Business Address: 3. When Organized: 4. Where Incorporated: 5. How many years have you been engaged in business under the present firm name? 6. General character of work performed by your company. 7. Enclose evidence of possession of required licenses and/or business permits. 8. Number of employees. 9. Background and experience of principal members of your personnel, including officers. 10. Bonding capacity, if applicable. 11. Have you ever defaulted on a contract? If so, where and why? 30 THIS PAGE TO BE SUBMITTED FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Page 673 of 1055 12. Experience in performance of work similar in importance to this project. Project $ Value Contact Name Phone # 13. Contracts on hand. * 14. Largest completed projects (include final cost). 1) 2) 3) 15. List all lawsuits (related to similar projects) or arbitration to which you have been a party and which: * 1) arose from performance: 2) occurred within the last 4 years: 3) provide case number and style: Dated at: this day of 20 By: (written signature) Name: (printed or typed) Title: 31 THIS PAGE TO BE SUBMITTED FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Page 674 of 1055 REFERENCES FOR (NAME OF FIRM) Company Name: Contact Name: Phone: Fax: E-Mail: Company Name: Contact Name: Phone: Fax: E-Mail: Company Name: Contact Name: Phone: Fax: E-Mail: Company Name: Contact Name: Phone: Fax: E-Mail: 32 THIS PAGE TDBESUBMITTED FOR BID PACKAGE TDBECONSIDERED COMPLETE AND ACCEPTABLE Page 675Of1055 ANTI-KICKBACK AFFIDAVIT STATE OF FLORIDA ) SS COUNTY OF PALM BEACH ) I, the undersigned hereby duly sworn, depose and say that no portion of the sum herein submitted will be paid to any employees of the City of Boynton Beach as a commission, kickback, reward of gift, directly or indirectly by me or any member of my firm or by an officer of the corporation. By: NAME - SIGNATURE Sworn and subscribed before me this day of 20 Printed Information: NAME TITLE NOTARY PUBLIC, State of Florida at Large COMPANY "OFFICIAL NOTARY SEAL" STAMP 33 THIS PAGE TO BE SUBMITTED FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Page 676 of 1055 NON COLLUSION AFFIDAVIT State of ) County of ) being first duly sworn, deposes and says that: 1) He/She is of , the qualifier (Title) (Name of Corporation or Firm) who has submitted the attached RFP No.: 034-2410-19/EM ELECTRONIC PLAN REVIEW SUBMITTAL AND MARKUP MANAGEMENT SYSTEM WITH MOBILE INSPECTION SOFTWARE 2) He/She is fully informed respecting the preparation and contents of the attached submittal and of all pertinent circumstances respecting such submittal; 3) Said RFP is genuine and is not a collusive or sham RFP; 4) Further, the said qualifier nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly with any other qualifier, firm or person to submit a collusive or sham RFP in connection with the Contract for which the attached RFP has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communications or conference with any other qualifier, firm or person to fix the price or prices in the attached RFP or of any other qualifier, or to fix any overhead, profit or cost element of the RFP price or the RFP price of any other qualifier, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the City of Boynton Beach or any person interested in the proposed Contract; and 5) The price or prices quoted in the attached bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the qualifier or any of its agents, representatives, owners, employees, or parties in interest, including this affiant. (Signed) (Title) Subscribed and sworn to before me This day of 20 My commission expires 34 THIS PAGE TO BE SUBMITTED FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Page 677 of 1055 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 35 THIS PAGE TO BE SUBMITTED FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Page 678 of 1055 CONFIRMATION OF DRUG-FREE WORKPLACE IDENTICAL TIE SUBMITTALS Preference shall be given to businesses with drug-free workplace programs. Whenever two or more submittals which are equal with respect to price, quality, and service are received by the City of Boynton Beach or by any political subdivision for the procurement of commodities or contractual services, a submittal received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie submittals will be followed if none of the tied Professionals have a drug-free workplace program. In order to have a drug-free workplace program, a business shall: 1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2) Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3) Give each employee engaged in providing the commodities or contractual services that are under submittal a copy of the statement specified in subsection (1). 4) In the statement specified in subsection (1), notify the employee that, as a condition of working on the commodities or contractual services that are under submittal, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than 5 days after such conviction. 5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community by, any employee who is so convicted. 6) Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. Professional's Signature 36 THIS PAGE TO BE SUBMITTED FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Page 679 of 1055 PALM BEACH COUNTY INSPECTOR GENERAL ACKNOWLEDGMENT The Respondent is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of this contract, and in furtherance thereof may demand and obtain records and testimony from the Contractor and its subcontractors and lower tier subcontractors. The Respondent understands and agrees that in addition to all other remedies and consequences provided by law, the failure of the Contractor or its subcontractors or lower tier subcontractors to fully cooperate with the Inspector General when requested may be deemed by the municipality to be a material breach of this contract justifying its termination. CONTRACTOR NAME By Title: Date: 37 THIS PAGE TO BE SUBMITTED FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Page 680 of 1055 CITY OF BOYNTON BEACH LOCAL BUSINESS STATUS CERTIFICATION I, the of (Name of officer of company) (Title of officer of company) , located at (Name of Corporation/Company) (Business Address) Certify that I am an authorized representative of the business and, on behalf of the Business, request that it be deemed to be a local business for purposes of the City of Boynton Beach Local Preference Program. Answering yes to Question 1 and Question 2 below will qualify the business as a local business. In support of this request, I certify the following to be true and correct: NAME OF BUSINESS: 1. Is the business located within the City limits YES NO Number of Years: of Boynton Beach, Florida? 2. Does the business have a business tax YES NO Business License receipt issued in the current year? Number: 3. Is the business registered with the Florida YES NO Division of Corporations? I understand that misrepresentation of any facts in connection with this request may be cause for removal from the certified local business list. I also agree that the business is required to notify the City in writing should it cease to qualify as a local business. Print Name: Signature: ***FOR PURCHASING USE ONLY*** Business License ❑ Year Established: ❑ Active: Verified by: Date: 38 THIS PAGE TO BE SUBMITTED FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Page 681 of 1055 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, 39 THIS PAGE TO BE SUBMITTED FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Page 682 of 1055 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 40 THIS PAGE TO BE SUBMITTED FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Page 683 of 1055 ■ � R2 b .g2LU a0 o / \ oq2 ■ U / � / 2220 � ® @ @ — z 4) 0 0 / 2 / b I b ƒ 3 � ° ® E m / 0a ƒ b 2 ko �= i 2 \ O § \ ate 2- 20 2 § 7a 4-- @ / / \f0 0 7 m • e e / U _.@ a £ /�2 £ b 0 0 = e b 00 ° 0M / - 7 3E 2 2 / w « 720 r k e ° ¢ \ § 5 � S 0 / 2 \ 9 m 02 $ Lt-\ 0 = o@a c$ E 2222 o � a) �� 4-- 0 07/ § w w « o@c \ \ k / fpm a) \ \ ._ — £ ) _ G / w U) % w w0 % \ 0 c 2 g _j / = o § o q � CN I _ / � U 4-- 't -- # 2 \ ee � y- [ oI C:, -1-50 / \ / ° 40'l c / a) � \ Z =) \ / 0 / a0 � 2 LJ- ? / / \ § \/ ƒ 0w « � baa) X00 wq 1 \ / E ( kms ) 20 2 JU E/ / § b / / � o 4 »® 2 \ ® .g w g = _ � 4-- a 0 M 0 \\k / E / wz _ � _ � = co R a) 2 nE § �w _ — >N.U) � m a o0 zo _ = ww 3a) � a � LLJ k \ c o / oe � 2 / ) 2 O ' � 2 \ a)200 .E C3 3 0 o o@ e � U) � 0 y / \ / Z _ % y o ■ 7 4 2 E aoo k _0 0 § U) \ e = o / 722 k b \ 0 / 0 0 2 0 k 0C3)R = e 0 ■ / F- 0 o = STATEMENT OF NO SUBMITTAL If you are not submitting an RFP for this project, please complete and return this form to: PROCUREMENT SERVICES, City of Boynton Beach, 3301 Quantum Blvd., Suite 101, Boynton Beach, Florida 33426. Failure to respond may result in deletion of Firm's name from the City's Firm list. COMPANY NAME: ADDRESS: TELEPHONE: SIGNATURE: DATE: WE, the undersigned have declined to respond to your RFP No.: ELECTRONIC PLAN REVIEW SUBMITTAL AND MARKUP MANAGEMENT SYSTEM WITH MOBILE INSPECTION SOFTWARE because of the following reasons: Specifications too "tight", i.e., geared toward brand or manufacturer only (explain below) Insufficient time to respond to the Invitation We do not offer this product or an equivalent Our product schedule would not permit us to perform Unable to meet specifications Unable to meet bond requirements Specifications unclear (explain below) Other (specify below) REMARKS: 42 THIS PAGE TO BE SUBMITTED FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Page 685 of 1055 2 THIS PAGE TO BE SUBMITTED FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Page 686 of 1055 "DRAFT" SUBJECT TO REVISIONS PRIOR TO SIGNING. PROFESSIONAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND VENDOR THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to as "the City", and TBD, hereinafter referred to as "Vendor", in consideration of the mutual benefits, terms, and conditions hereinafter specified. 1. PROJECT DESIGNATION. The Vendor is retained by the City to provide Electronic Plan and Review Software as outlined in RFP No. 034-2410-19/EM. 2. SCOPE OF SERVICES. Vendor agrees to perform the services, identified on Exhibit "A" attached hereto and incorporated herein by reference, including the provision of all labor, materials, equipment and supplies. No modifications will be made to the original scope of work without the written approval of the City Manager or his designee. 3. TIME FOR PERFORMANCE. Work under this Agreement shall commence upon the giving of written notice by the City to the Vendor to proceed. Vendor shall perform all services and provide all work product required pursuant to this Agreement effective TBD. 4. TERM. This agreement shall be for one (1) year effective upon date the contract is fully executed by all parties. The City of Boynton Beach may extend the agreement at the same terms, and conditions, for four (4) one-year renewals subject to vendor acceptance, satisfactory performance, and determination that renewal will be in the best interest of the City. 5. PAYMENT. The Vendor shall be paid by the Provider/City for completed work and for services rendered under this Agreement as follows: a. The total contract price, TBD , shall be the total amount of payment to Vendor for services provided under this Agreement for the entire term of the Agreement b. Payment for the work provided by Vendor shall be made promptly on all invoices submitted to the City properly, provided that the total amount of payment to Vendor shall not exceed the total contract price without express written modification of the Agreement signed by the City Manager or designee. c. The Vendor may submit invoices to the City once per month during the progress of the work for partial payment. Such invoices will be checked by the City, and upon approval thereof, payment will be made to the Vendor in the amount approved. d. Final payment of any balance due the Vendor 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. e. Payment as provided in this section by the City shall be full compensation for work performed, services rendered, and for all materials, supplies, equipment and incidentals necessary to complete the work. f. The Vendor's records and accounts pertaining to this Agreement are to be kept available for inspection by representatives of the City and State for a period of three (3) years after the termination of the Agreement. Copies shall be made available upon request. 1 €= ri Page 687 of 1055 6. OWNERSHIP AND USE OF DOCUMENTS. All documents, drawings, specifications and other materials produced by the Vendor in connection with the services rendered under this agreement shall be the property of the City whether the project for which they are made is executed or not. The Vendor shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference and use in connection with Vendor's endeavors. 7. COMPLIANCE WITH LAWS. Vendor shall, in performing the services contemplated by this Agreement, faithfully observe and comply with all federal, state of Florida and City of Boynton Beach, ordinances and regulations that are applicable to the services to be rendered under this agreement. 8. INDEMNIFICATION. Vendor shall indemnify, defend and hold harmless the City, its offices, agents and employees, from and against any and all claims, losses or liability, or any portion thereof, including attorneys fees and costs, arising from injury or death to persons, including injuries, sickness, disease or death to Vendor's own employees, or damage to property occasioned by a negligent act, omission or failure of the Vendor. 9. INSURANCE. The Vendor shall secure and maintain in force throughout the duration of this contract comprehensive general liability insurance with a minimum coverage of $1,000,000 per occurrence and $1,000,000 aggregate for personal injury; and $1,000,000 per occurrence/aggregate for property damage, and professional liability insurance in the amount of$1,000,000 per occurrence to$2,000.000 aggregate with defense costs in addition to limits. Said general liability policy shall name the City of Boynton Beach as an additional named insured and shall include a provision prohibiting cancellation of said policy except upon thirty (30) days prior written notice to the City. Certificates of coverage as required by this section shall be delivered to the City within fifteen (15) days of execution of this agreement. 10. INDEPENDENT CONTRACTOR. The Vendor and the City agree that the Vendor is an independent contractor with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither Vendor nor any employee of Vendor shall be entitled to any benefits accorded City employees by virtue of the services provided under this Agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or Social Security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to Vendor, or any employee of Vendor. 11. COVENANT AGAINST CONTINGENT FEES. The Vendor warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the Vendor, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the Vendor any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the City shall have the right to annul this contract without liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 2 City of Boynton Beach RFP No.023-1410-19/EM Page 688 of 1055 12. DISCRIMINATION PROHIBITED. The Vendor, with regard to the work performed by it under this agreement, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. 13. ASSIGNMENT. The Vendor shall not sublet or assign any of the services covered by this Agreement without the express written consent of the City. 14. NON-WAIVER. Waiver by the City of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other provision. 15.TERMINATION. a. The City reserves the right to terminate this Agreement at any time by giving thirty (30) days written notice to the Vendor. b. In the event of the death of a member, partner or officer of the Vendor, or any of its supervisory personnel assigned to the project, the surviving members of the Vendor hereby agree to complete the work under the terms of this Agreement, if requested to do so by the City. This section shall not be a bar to renegotiations of this Agreement between surviving members of the Vendor and the City, if the City so chooses. 16. DISPUTES. Any disputes that arise between the parties with respect to the performance of this Agreement, which cannot be resolved through negotiations, shall be submitted to a court of competent jurisdiction in Palm Beach County, Florida. This Agreement shall be construed under Florida Law. 17. NOTICES. Notices to the City of Boynton Beach shall be sent to the following address: Lori LaVerriere, City Manager City of Boynton Beach P.O. Box 310 Boynton Beach, FL 33425-0310 Notices to Vendor shall be sent to the following address: 18. INTEGRATED AGREEMENT. This agreement, together with attachments or addenda, represents the entire and integrated agreement between the City and the Firm and supersedes all prior negotiations, representations, or agreements written or oral. This agreement may be amended only by written instrument signed by both City and Firm. 3 City of Boynton Beach RFP No.023-1410-19/EM Page 689 of 1055 19. PUBLIC RECORDS. Sealed documents received by the City in response to an invitation are exempt from public records disclosure until thirty (30) days after the opening of the Bid unless the City announces intent to award sooner, in accordance with Florida Statutes 119.07. The City is public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: A. Keep and maintain public records required by the CITY to perform the service; B. Upon request from the CITY's custodian of public records, provide the CITY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in chapter 119, Fla. Stat. or as otherwise provided by law; C. Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and, following completion of the contract, Contractor shall destroy all copies of such confidential and exempt records remaining in its possession once the Contractor transfers the records in its possession to the CITY; and D. Upon completion of the contract, Contractor shall transfer to the CITY, at no cost to the CITY, all public records in Contractor's possession All records stored electronically by Contractor must be provided to the CITY, upon request from the CITY's custodian of public records, in a format that is compatible with the information technology systems of the CITY. E. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: JUDY PYLE, CITY CLERK 3301 QUANTUM BLVD., SUITE 101 BOYNTON BEACH, FLORIDA, 33426 561-742-6061 PYLEJ@BBFL.US 4 City of Boynton Beach RFP No.023-1410-19/EM Page 690 of 1055 SCRUTINIZED COMPANIES -- 287.135 AND 215.473 By execution of this Agreement, Contractor certifies that Contractor is not participating in a boycott of Israel. Contractor further certifies that Contractor is not on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has Contractor been engaged in business operations in Syria. Subject to limited exceptions provided in state law, the City will not contract for the provision of goods or services with any scrutinized company referred to above. Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to Contractor of the City's determination concerning the false certification. Contractor shall have five (5) days from receipt of notice to refute the false certification allegation. If such false certification is discovered during the active contract term, Contractor shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If Contractor does not demonstrate that the City's determination of false certification was made in error then the City shall have the right to terminate the contract and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time. DATED this day of 20 CITY OF BOYNTON BEACH Lori LaVerriere, City Manager Signature of Authorized Official Printed Name of Authorized Official Attest/Authenticated: Title (Corporate Seal) Judy Pyle, City Clerk Approved as to Form: Attest/Authenticated: James A. Cherof, City Attorney Secretary 5 City of Boynton Beach RFP No.023-1410-19/EM Page 691 of 1055 EXHIBIT A SCOPE OF SERVICES [Scope of Services will be inserted prior to execution] 6 City of Boynton Beach RFP No.023-1410-19/EM Page 692 of 1055 EXHIBIT B FEES AND PAYMENTS [Will be inserted prior to execution] City of Boynton Beach RFP No.023-1410-19/EM Page 693 of 1055 7.G. Consent Bids and Purchases over $100,000 9/15/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 9/15/2020 Requested Action by Commission: Motion to approve an increase to purchase order#201166 to Beltmann Relocation Group, Inc. from$90,000.00 to $115,000 per the City RFP#015-1210-18/IT Explanation of Request: Staff originally requested a purchase order in the amount of$ 90,000.00 with the vendor Beltmann Relocation Group, I nc. and it was approved at the April 21, 2020 commission meeting. Beltmann Relocation Group, I nc. is providing relocation services for City Hall, Police Department, Customer Service, Internal Affairs, Fire Station#1, Art Center, and Civic Center, to their temporary locations. We are requesting an increase in the amount of$25,000.00 to cover additional services to complete the relocation of the above facilities. The total expenditure for FY19/20 for Beltmann Relocation Group, Inc. is $ 115,000.00. How will this affect city programs or services? N/A Fiscal Impact: Budgeted Budgeted funding account#001-1214-512-49.17 Alternatives: None Strategic Plan: Strategic Plan Application: Climate Action: No Climate Action Discussion: Is this a grant? No Grant Amount: Contracts Vendor Name: Beltmann Relocation Group Start Date: Page 694 of 1055 End Date: Contract Value: Minority Owned Contractor?: No Extension Available?: No Extension Explanation: ATTACHMENTS: Type Description Other Beltman Backup Page 695 of 1055 The City of wr Boynton Beach y City Commission Agenda Tuesday, April 21 , 2020, 5:30 PM GoToWebinar Online Meeting Boynton Beach City Commission Mayor Steven B. Grant (At Large) Vice Mayor Justin Katz (District 1) Commissioner Woodrow L. Hay (District 11) Commissioner Christina L. Romelus (District III) Commissioner Ty Penserga (District IV) Lori LaVerriere, City Manager James Cherof, City Attorney Crystal Gibson, City Clerk *Mission* To create a sustainable community by providing exceptional municipal services, in a financially responsible manner. -to- die,,C0 C] www.boynton-beach.org Page 69ff 863055 Welcome Thank you for attending the City Commission Meeting General Rules & Procedures for Public Participation at City of Boynton Beach Commission Meetings The Agenda: There is an official agenda for every meeting of the City Commissioners, which determines the order of business conducted at the meeting. The City Commission will not take action upon any matter, proposal, or item of business, which is not listed upon the official agenda, unless a majority of the Commission has first consented to the presentation for consideration and action. • Consent Agenda Items: These are items which the Commission does not need to discuss individually and which are voted on as a group. • Regular Agenda Items: These are items which the Commission will discuss individually in the order listed on the agenda. • Voice Vote: A voice vote by the Commission indicates approval of the agenda item. This can be by either a regular voice vote with "Ayes& Nays" or by a roll call vote. Speaking at Commission Meetings: The public is encouraged to offer comment to the Commission at their meetings during Public Hearings, Public Audience, and on any regular agenda item, as hereinafter described. City Commission meetings are business meetings and, as such, the Commission retains the right to impose time limits on the discussion on an issue. • Public Hearings: Any citizen may speak on an official agenda item under the section entitled "Public Hearings." • Public Audience: Any citizen may be heard concerning any matter within the scope of the jurisdiction of the Commission - Time Limit- Three (3) Minutes. Regular Agenda Items: Any citizen may speak on any official agenda item(s) listed on the agenda after a motion has been made and properly seconded, with the exception of Consent Agenda Items that have not been pulled for separate vote, reports, and presentations. - Time Limit- Three (3) Minutes. Due to the COVI D-19 public health emergency and in accordance with Governor DeSantis's Emergency Orders, the City of Boynton Beach has temporarily suspended in-person public meetings. The City requests that all citizens follow the safe at home guidance provided by the State, the County, and the Federal Government. The City of Boynton Beach encourages interested parties to attend and participate in public meetings via communications media technology online. To view and/or participate in the City Commission meeting on April 21, 2020, which begins at 5:30 p.m., you have the following options: 1. Watch the meeting online, but not participate: You may watch the meeting via the GoToWebinar platform. Visit the City's website at www.boynton-beach.org to access the up-to-date link to the meeting. 2. Watch the meeting online and provide public comment prior to the meeting: You may watch the meeting as listed above and provide written comments by emailing citymanager@bbfl.us by Noon on April 20, 2020 or calling (561) 742-6006 and leaving a message on the public comment hotline. Messages left on the hotline will be transcribed. Please include your full name and the specific agenda item Page 6915f 863055 number(s)for your comments. Comments received by the deadline will be read into the record. Please note that time limits will be enforced so written comments must be limited to no more than 3 minutes. 3. Watch the meeting online and provide public comment during the meeting: To request to speak during the meeting, you can electronically "raise your hand" or type a question using the GoToWebinar platform. The meeting moderator will announce when it is your turn to speak or have your question addressed. Please note that time limits will be enforced so comments must be limited to no more than 3 minutes. For additional information or for special assistance prior to the meeting, please contact Crystal Gibson, City Clerk, at cityclerk@bbfl.us or (561) 742-6061. Page 699 863055 1. Openings A. Call to Order - Mayor Steven B. Grant I nvocation Pledge of Allegiance to the Flag led by Commissioner Christina L. Romelus Roll Call B. Proposed Emergency Ordinance No. 20-009 - Approve Emergency Ordinance No. 20-009 renewing and extending Emergency Ordinance No. 20-008 of the City of Boynton Beach, Florida, authorizing the City Manager to make provisions for electronic attendance by elected and appointed officials at city meetings during periods of a declared public health emergency; providing for public participation by telephonic or electronic means; providing for automatic delay of finality of official action pending public comments; and, providing an effective date. C. Accept the Official Election Results from the March 17, 2020 Municipal Election Selection of Vice Mayor Swearing In of Vice Mayor Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption D. Recess the City Commission Meeting for the CRA Board Special Meeting. E. Reconvene the City Commission Meeting. 2. Other A. Informational items by Members of the City Commission 3. Announcements, Community And Special Events And Presentations A. Senator Lori Berman and Representative Joseph Casello will provide an update on the recent legislative sessions. B. Quarterly update by Laura Lansburgh, Marketing Manager, about the City's Census Marketing Efforts over the past quarter. 4. Public Audience Individual Speakers Will Be Limited To 3 Minute Presentations (at the discretion of the Chair, this 3 minute allowance may need to be adjusted depending on the level of business coming before the City Commission) 5. Administrative A. Proposed Resolution No. R20-025-Appoint a City Commission representative and alternate to the Countywide Intergovernmental Coordination Program. B. Proposed Resolution No. R20-026-Appoint a City Commission representative and alternate to the Coalition of Boynton West Residents Association (COBW RA). C. Proposed Resolution No. R20-027-Appoint a City Commission representative and alternate to the Palm Beach County League of Cities. Page 992 863055 D. Proposed Resolution No. R20-028-Appoint a City Commission representative and alternate to the Transportation Planning Agency (Formerly known as the MPO, Metropolitan Planning Organization). E. Appoint eligible members of the community to serve in vacant positions on City advisory boards. 6. CONSENTAGENDA Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments A. Approve Task Order UT-2D-03 with Calvin Giordano and Associates, in the amount of $82,126.69 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 provide professional engineering design services for the drainage improvements and road rehabilitation of Industrial Way. B. Proposed Resolution No. R20-029- Authorize the City Manager to sign the Disaster Relief Funding Agreement for Federal and State assistance for Hurricane Dorian between the City of Boynton Beach and State of Florida, Division of Emergency Management. C. Approve of top ranked qualifier as determined by the Evaluation Committee from the submissions received in response to the Request for Qualifications 008-2821-20/TP - INTEGRATED FINANCIAL AND ENGINEERING UTILITY RATE MODEL UPDATE AND MAINTENANCE SERVICES and authorize City Staff to conduct negotiations for compensation with the recommended qualifier according to Florida State Statute 287.55, Consultants' Competitive Negotiation Act(CCNA). D. Approve the purchase of ten thousand (10,000) KN95 masks from Galls Inc. via an emergency purchase order authorized by the City Manager to equip our firefighters and police officers, along with other emergency personnel, for the COVID-19 pandemic. The purchase order totaled $50,000. The order is scheduled to ship 4-25-20. E. Proposed Resolution No. R20-030- Authorize the City Manager to sign a State Grant Agreement with the Florida Department of Health (FDOH) for the purchase and installation of fluoride storage and feed equipment at the City's East Water Treatment facility for a reimbursement amount of up to $213,137.50. F. Legal expenses for March 2020 provided at the request of the City Commission. No action required. G. Accept surtax capital project status and C I P amendment report for the 2nd quarter of fiscal year 2019-20 (January through March 2020). H. Approve minutes from the City Commission meeting on March 18, 2020. 7. CONSENT BIDS AND PURCHASES OVER $100,000 A. Approve the one-year extension for RFPs/Bids and/ or piggy-backs for the procurement of services and/or commodities over $100,000 as described in the written report for April 07, 2020 - "Request for Extensions and/or Piggybacks. B. Approve issuance of a purchase order to Beltmann Group, Inc. in the amount of $90,000.00 to provide relocation services for various departments from their current temporary locations back to their permanent location in Town Square, Police Department, and the Cultural Center in accordance with RFP No. 015-1210-18/IT, "Municipal Complex Relocation". C. Award task order F-19-2020 Fire Station #2 and #4 Kitchen Renovations, part of Bid No. 018- 2511-18/IT for Minor Construction Services, and authorize the issuance of a Purchase Order to Anzco, Inc. of Boca Raton, FL as the lowest responsive, responsible bidder in the total amount of $110,800. Page 502 863055 D. Proposed Resolution No. R20-031 - Approve an expenditure request as a result of RFP No. 021-2210-19/IT, installation of vehicle exhaust extraction systems with Rossman Enterprises DBA Clean Air Concepts, for Fire Station 1 at a cost of $59,041.00 and future station costs, including the installation and modifications at Fire Station 2, Fire Station 3, Fire Station 4, and Fire Station 5, for an estimated cost of $186,060.00, a 10% contingency fee of $18,606.00, not to exceed a cumulative total of$204,666.00. E. Approve Task Order UC-01-2020 with McKim& Creed in the sum of$221,392 in accordance with RFQ No. 038-2821-19/TP for Supervisory Control and Data (SCADA) System Programming, Preventive Maintenance and Repair Services as approved by Commission January 21, 2020. F. Approve the purchase of 210 RV55 Sierra Modems and Antennae from Express Radio, Inc through a piggyback of the Broward Sheriff's Office Contract 12-29077/JHJ for a total price of $183,960. The Broward Sheriff's Office Contract meets or exceeds the requirements of the City's procurement policy. G. Authorize the purchase of library furniture, shelving and signage through R. George Associates in the amount of$164,997.59. 8. Public Hearina 6 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. 20-002 - Second Reading - Approving the Boynton Beach Mall Rezoning from C-3, Community Commercial, to SMU, Suburban Mixed Use. Applicant: Bonnie Miskel, Esq., of Dunay, Miskel and Bachman, LLP. (The applicant has requested to continue this agenda item to the May 19, 2020 Commission Meeting.) B. Approval of the Master Plan Modification (MPMD 19-004) for the Boynton Beach Mall allowing for the phased conversion to a mixed use or life style center with the reconfiguration of retail space, and the addition of residential, hotel and office uses to the existing movie theater, fitness center and church uses. (The applicant has requested to continue this agenda item to the May 19, 2020 Commission Meeting.) C. Proposed Ordinance No. 20-005 - First Reading - Approve 7-Eleven 101 W. Woolbright Rd, amending Future Land Use Map from Low Density Residential (LDR) and Medium Density Residential (MDR) to Local Retail Commercial (LRC). (This agenda item has been continued to the May 5, 2020 Commission Meeting.) Proposed Ordinance No. 20-006 - First Reading - Approve 7-Eleven 101 W. Woolbright Rd Rezoning from R-1-A Single Family Residential District and R-2 Single- and Two Family Residential District to C-2 Neighborhood Commercial District(This agenda item has been continued to the May 5, 2020 Commission Meeting.) D. Approve request for Conditional Use and Major Site Plan Modification (COUS 20-002 / MSPM 20-002) for Southland Corp Tax Dept #1039 to allow redevelopment of an existing convenience store for a new 3,454 sq. ft. convenience store, gas pump islands consisting of six (6) pump stations under a 3,096 sq. ft. canopy, and related site amenities and improvements on a 1.05-acre parcel located at 101 W. Woolbright Road zoned C-3 (Community Commercial). Applicant: Shane Laakso, Creighton Development. (This agenda item has been continued to the May 5, 2020 Commission Meeting.) E. Proposed Ordinance No. 20-007- Second Reading - Establishing the Boynton Beach Community Redevelopment Agency (CRA) sunset date and extending the time certain for the completion of projects described in the Community Redevelopment Plan. 9. City Manager's Report Page Wbf863055 A. Approve the Boynton Beach COVID-19 Small Business Relief Grant Program and allocate $60,000 ($42,000 remaining in the Commercial Grant Program and $18,000 from Community Enrichment Funds) to provide direct financial relief, to small businesses located within the City of Boynton Beach. 10. Unfinished Business - None 11. New Business A. Short presentation and discussion by utility staff regarding Septic Tank Inspections. B. Discuss CBD oil and its impacts on the City's Drug-Free Workplace Policy as requested by Mayor Grant. C. Proposed Resolution No. R20-032- Authorize issuance of a not to exceed $43 million principal amount of Taxable Utility System Refunding Bond, Series 2020A in order to refund a portion of the City's Utility System Revenue Bonds, Series 2012 and not to exceed $11 million principal amount of Tax Exempt Utility System Refunding Bond, Series 2020B in order to refund all of the City's Utility System Revenue Bond, Series 2018 D. Discussion concerning adding gender neutral signage to available single occupancy restrooms within the City. 12. Legal A. Discussion and authorization to terminate Franchise Agreement with FLSC, LLC., for textile recycling program. 13. Future Agenda Items A. Mary Lou Bedford, Chief Executive Officer of the Central Palm Beach County Chamber of Commerce will present on member benefits. - May 5, 2020 B. Staff and the Town Square Development team (E2L Solutions and JKM Developers) will present an update to the Commission on the Town Square Project- May 5, 2020. C. The City Commission requested a presentation of the Town Square Opportunity Fair hiring efforts and results. - May 5, 2020 D. Consideration of an ILA between the City and CRA for CRA funding of the BB Blvd. Extension Project for $500K. - May 19, 2020. E. Provide update on potential sale of the Nichol's property to Pulte Homes- TBD F. Mayor Grant has requested a discussion on Lake Park's Accessory Dwelling Unit Ordinance - TBD G. Request by Mayor Grant to discuss Wellington's home based business regulations. - TBD 14. Adjournment Notice lfaperson decides to appeal to any decision made by the City Commission with respect to any matter considered at this meeting,He/She will need a record ofthe proceedings and,for such purpose,He/She may need to ensure that a verbatimrecord ofthe proceedings is made,which record includes the testimony and evidence upon which the appeal is to be based.(ES.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 Clerks office,(561)742- 6060 or(TTY)1-800-955-8771,at least 48 hours prior to the programor activity in order for the city to reasonably accommodate your request. Page 709 863055 Additional agenda items may be added subsequent to the publication ofteh agenda on the city's web site.lnfortrntion regarding items added to the agenda after it is published on the city's web site can be obtained fromthe office of the City Clerk Page 902 863055 7.B. CONSENT BIDS AND PURCHASES OVER$100,000 4/21/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 4/21/2020 Requested Action by Commission: Approve issuance of a purchase order to Beltmann Group, Inc. in the amount of$90,000.00 to provide relocation services for various departments from their current temporary locations back to their permanent location in Town Square, Police Department, and the Cultural Center in accordance with RFP No. 015-1210-18/IT, "Municipal Complex Relocation". Explanation of Request: As part of the process the City issued and advertised RFP No. 015-1210-18/IT, "Municipal Complex Relocation", with the intent to utilize a vendor to move out and back into City Hall, Police Department, Customer Service, Internal Affairs, Fire Station #1,Art Center, Civic Center, and the Cultural Center. On August 7, 2018 the City Commission approved selection of Beltmann Group Inc. to provide relocation services for the departments to their temporary locations. Based on the current schedule it is now time to award a purchase order to move the departments from their current temporary locations back to their permanent locations in Town Square, the Police Department, and the Cultural Center. Accordingly, Facilities Division staff contacted Beltmann Group, Inc. to provide a quote for relocation services from the temp locations of City Hall, Police Department, Customer Service, Internal Affairs, Fire Station#1, and the Cultural Center, the estimated cost for this move is $90,000.00. How will this affect city programs or services? This will allow City Hall, Police Department, Customer Service, Internal Affairs, Fire Station#1, and The Cultural Center to begin coordinating with the vendor as to scheduling how the move can be accomplished in the most efficient manner. Fiscal Impact: Budgeted Budgeted funding account#001-1214-512-49.17 Alternatives: N/A Strategic Plan: Strategic Plan Application: N/A Climate Action: No Page 39@ of 8655 Climate Action Discussion: N/A Is this a grant? No Grant Amount: Contracts Vendor Name: Beltmann Relocation, Inc. Start Date: 8/7/2018 End Date: Contract Value: Minority Owned Contractor?: No Extension Available?: No Extension Explanation: Completion of moves for City Hall, Police Department, Customer Service, Internal Affairs, Fire Station#11, and The Cultural Center. ATTACHMENTS: Type Description D Resolution R18-109 Beltman Contract 015-1210-18ITfor Relocation D Quotes Beltman - Relocation Offer Letter Page 408 of 8655 AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND RELOCATION SERVICES PROVIDER THIS AGREEMENT is entered into between the City of Boynton Beach,hereinafter referred to as 'the City", and BELTMANN GROUP INC., hereinafter referred to as °Contractor", in consideration of the mutual benefits,terms,and conditions hereinafter specified. 1. PROJECT DESIGNATION. The Contractor is retained by the City to perform professional relocation services in connection with the RFP FOR MUNICIPAL COMPLEX RELOCATION SERVICES;RFP No.: 015-12104811T. 2. SCOPE OF SERVICES. Contractor agrees to perform the services, identified in Section II— Scope of Services and attached hereto as Exhibit A. 3. TIME FOR PERFORMANCE. Work under this agreement shall commence upon written notice by the City to the Contractor to proceed. Contractor shall perform all services and provide all work product required pursuant to this agreement upon written notice to proceed. 4. TERM: This Agreement will commence upon execution by all parties and shall terminate XXXX unless otherwise terminated pursuant to Section 15 of this Agreement. 5. COMPENSATION: 5.1 The City agrees to.pay to Cbnf dtor in the estOiW*O..amour of4.200,000,for>he.$ervices designated in t=zhibit"A All ayment for setvil�es shall be art as orr#ance with ifte dost as designated in the Compensation.Scheduie, ohe i heref0 aatid'incorpor herein as Exhibit B°,and invoiced by Contractor monthly, 6. OWNERSHIP AND USE OF DOCUMENTS. All documents, drawings, specifications and other materials produced by the Contractor in connection with the services rendered under this Agreement shall be the property of the City whether the project for which they are made is executed or not.The Contractor shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference and use in connection with Contractor's endeavors. 7. COMPLIANCE WITH LAWS. Contractor shall, in performing the services contemplated by this Agreement,faithfully observe and comply with all federal,state and local laws,ordinances and regulations that are applicable to the services to be rendered under this agreement. 8. INDEMNIFICATION. Contractor shall indemnify, defend and hold harmless the City, its offices,agents and employees,from and against any and all claims,losses or liability,or any portion thereof, including fees and costs, arising from injury or death to persons, including injuries, sickness, disease or death to Contractor's own employees, or damage to property occasioned by a negligent act, omission or failure of the Contractor. 9. INSURANCE. Successful Contractor shall,at a minimum, provide, pay for, and maintain in force at all times during the term of this Contract the following insurances: Commercial Liability Insurance-A Commercial Liability Insurance Policy shall be provided which shall contain limits of no less than One Million Dollars($1,000,000.00)per occurrence for bodily injury liability,personal injury liability and property damage liability on a per project basis,and shall contain limits of no less than a Two Million Dollars($2,000.000.00)aggregate. Page 406 of 8655 Coverage must be afforded on a form no more restrictive than CG 20 10 10 01 and CG 20 37 10 01 Commercial Liability Policy,without restrictive endorsements, as filed by the Insurance Services Office and must include: premises and operations, independent contractors, products and/or completed operations for contracts, broad form contractual coverage applicable to this specific Contract including any hold harmless and/or indemnification Contract, personal injury coverage with employee and contractual exclusions removed and policy limits shall be applied on a primary and non-contributory basis. Professional Liability(Errors& Omissions) Insurance-Professional Liability Insurance with the limits of liability provided by such policy for each claim and on a claim made basis or on an occurrence basis to be no less than one million Dollars ($1,000,000) per occurrence with a limit of no less than two million dollars($2,000,000)aggregate.Consultant shall notify the City in writing within thirty (30)days of any claim filed or made against its Professional Liability Insurance Policy.Consultant acknowledges that the City is relying on the competence of the Consultant to design the project to meet its functional intent. If it is determined during course of the project that changes must be made due to Consultant's negligent errors and omissions, Consultant shall promptly rectify them at no cost to City and shall be responsible for additional costs,if any,of the project to the proportional extent caused by such negligent errors or omissions. Workers Compensation Insurance - Workers' Compensation insurance to apply for all employees in compliance with State Statutory limits, as may be amended from time to time, the'Workers'Compensation Law"of the State of Domicile, and all applicable Federal laws. In addition,the policy(ies)must include employers'liability with a limit of One Million Dollars ($1,000,000.00) each accident, One Million Dollars ($1,000,000.00) aggregate limit by disease and One Million Dollars ($1,000,000.00)each employee by disease. Additionally, if there will be operations undertaken on or about navigable waters, a coverage endorsement must be included for the U.S.Longshoremen&Harbor Workers Act and Jones Act.If exempt for Worker's Compensation, proper documentation shall be provided. Said general liability policy shall name the City of Boynton Beach as an'additional named insured"and shall include a provision prohibiting cancellation of said policy except upon thirty (30)days prior written notice to the City. Certificates of coverage as required by this section shall be delivered to the City within fifteen(15)days of execution of this agreement. 10.INDEPENDENT CONTRACTOR. The Contractor and the City agree that the Contractor is an independent contractor with respect to the services provided pursuant to this agreement, Nothing in this agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither Contractor nor any employee of Contractor shall be entitled to any benefits accorded City employees by virtue of the services provided under this agreement.The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to Contractor, or any employee of Contractor. 11.COVENANT AGAINST CONTINGENT FEES. The Contractor warrants that he or she has not employed or retained any company or person, other than a bona fide employee working solely for the Contractor,to solicit or secure this contract,and that he has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the Contractor,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 Page 402 of 8655 without liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover,the full amount of such fee, commission,percentage, brokerage fee,gift, or contingent fee. 12. DISCRIMINATION PROHIBITED. The Contractor, with regard to the work performed by it under this agreement, will not discriminate on the grounds of race, color, national origin, religion,creed,age,sex or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. 13. ASSIGNMENT. The Contractor shall not sublet or assign any of the services covered by this Agreement without the express written consent of the City. 14. NON-WAIVER. Waiver by the City of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other provision. 15.TERMINATION. a.The City reserves the right to terminate this Agreement at any time by giving thirty (30)days written notice to the Contractor. b. In the event of the death of a member,partner or officer of the Contractor,or any of its supervisory personnel assigned to the project,the surviving members of the Franchisee hereby agree to complete the work under the terms of this Agreement, if requested to do so by the City.This section shall not be a bar to renegotiations of this Agreement between surviving members of the Franchisee and the City, if the City so chooses. 16. DISPUTES. Any disputes that arise between the parties with respect to the performance of this Agreement,which cannot be resolved through negotiations,shall be submitted to a court of competent jurisdiction in Palm Beach County,Florida. This Agreement shall be construed under Florida Law. 17. NOTICES. Notices to the City of Boynton Beach shall be sent to the following address: Lori LaVerriere,City Manager City of Boynton Beach P,O. Box 310 Boynton Beach,FL 33425-0310 Notices to Contractor shall be sent to the following address: 18. INTEGRATED AGREEMENT. This Agreement, together with attachments or addenda, represents the entire and integrated agreement between the City and the Contractor and supersedes all prior negotiations, representations, or agreements written or oral. This agreement may be amended only by written instrument signed by both City and Contractor. 19. PUBLIC RECORDS. Sealed documents received by the City in response to an invitation are exempt from public records disclosure until thirty(30)days after the opening of the Bid unless the City announces intent to award sooner,in accordance with Florida Statutes 119.07. Page 408 of 8655 The City is public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically,the Contractor shall: A. Keep and maintain public records required by the CITY to perform the service; B. Upon request from the CITY's custodian of public records, provide the CITY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in chapter 119,Fla. Stat.or as otherwise provided by law; C. Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and,following completion of the contract,Contractor shall destroy all copies of such confidential and exempt records remaining in its possession once the Contractor transfers the records in its possession to the CITY;and D. Upon completion of the contract,Contractor shall transfer to the CITY,at no cost to the CITY,all public records in Contractor's possession All records stored electronically by Contractor must be provided to the CITY,upon request from the CITY's custodian of public records, in a format that is compatible with the information technology systems of the CITY. E. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: JUDY PYLE, CITY CLERK 100 E BOYNTON BEACH BLVD. BOYNTON BEACH, FLORIDA, 33435 561-742-6061 PYLEJ@BBFL.US Page 40@ of 8655 DATED this�""tlay of A __,20 CITY OF BOYNTON BEACH BY: Lori LaVerriere,City Manager AUTHORIZED OFFICER OF COMPANY TITLE: C L e Attest/Authenticated: PRINT NAME: � h DATE: o 0 , (CorporV eal) Judy Ie,City Clerk - Approved as t ormt, Attest/Authenticated: Jam Cher y Attorney ecret r s Page 408 of 8655 EXHIBIT A SCOPE OF SERVICES 1. PURPOSE The City of Boynton Beach (the "City"), a political subdivision of the State of Florida, located in Palm Beach County, is soliciting proposals for professional relocation/moving services from experienced movers for the relocation of the City's Municipal Complex, which consists of the main City Hall building,the west wing (Development Department) and the east wing (Police Department.) All identified contents and furnishings will be moved to two (2) different temporary locations pending the completion of the recently approved Town Square Project. The projected timeline for the completion of this project is estimated to be 24-36 months. Upon completion of the Town Square project,the City will require moving services from the temporary locations to the new buildings.This RFP is also soliciting proposals for the final move. 2. BACKGROUND The Boynton Beach City Hall/Police Department is located at 100 E.Boynton Beach Blvd, Boynton Beach, Florida 33435. The City Hall includes various departments that provide City various services and the Police Department.The City Hall section of the building is approximately 53,000 square feet and the Police Department section of the building is approximately 18,000 square feet. The City of Boynton Beach began making plans to revitalize its downtown area that will include building a new 110,000 square foot City Hall/Library complex and a separate Police Station on another piece of City owned property. This will entail City Hall and Police to move into temporary locations during construction and then move into the new buildings once constructed. The existing City Hall/Police building will be torn down. 3. SCOPE OF SERVICES TO BE PERFORMED The Contractor shall fumish all labor/personnel, move managers and coordinators, supervision,materials,supplies,tools,equipment,and expertise necessary to perform the planning, packing, relocation, unpacking, installation, and re-connection of all property. The Contractor shall work in coordination with the City's project manager,as well as other personnel of the City.The move will not be in sequence or in consecutive days and client will coordinate the road map/sequence with the successful Contractor. It should be expressed that certain groups may be need to be relocated during overnight moves, or multi-day move sequences -as well as periods of time with little to no move activity. Contractor may not cause any interruption to the day-today operations without prior written approval of the Project Manager. The term Vendor, Mover, or Contractor used within this solicitation are synonymous and refer to the bidder. The current City municipal buildings will be moved to three (3) temporary locations for approximately twenty-four(24)months during construction of new buildings and then will move from the temporary space to the new buildings. 3.1 Contractor agrees to commit sufficient resources to perform all services and additional services required under this Agreement within the mutually agreed upon time schedules, 3.2 The Contractor acknowledges that the City has explained the timely completion of the Services under this Agreement is of critical importance to the City.Contractor agrees that time is of the essence for completion of the Contractor's performance. 6 Page 406 of 8655 3.3 Revisions to the schedule which are the result of an action or omission of the City,or its employees or agents shall be mutually agreed upon by both parties and shall be in writing. 3.4 Services to be performed by Contractor are as described below. The Mover shall be responsible for confirming all types and quantities of existing furniture to be moved. 3.5 There are a significant number of items that will not move.These items include mainly furniture and fixtures and will be declared surplus prior to the move.However,we cannot provide an itemized list of these items at this time. 3.6 Provide your method for moving file cabinets(up to five(5)drawers in size). Workforce Requirements: 3.7 The workforce of the Contractor shall consist of full time professional moving personnel who are experienced with large office moves. 3.8 The Contractor will provide a full time experienced Project Manager on site.The Contractor's Project Manager and other designated representatives will work closely and collaboratively with the City's Representative during each move.The Project Manager may be requested to be on site throughout the duration of each move. 3.9 The City reserves the right to approve/or reject the Project Manager designated to work with the City.The City also reserves the right to require the removal of any member of the Contractors move team from the site. 3.10 Contractors workforce must be identifiable by uniform, name tags,badges or other safeguards for security purposes required by the City. 3.11 Contractor may not sub-contract any part of the move without prior approval of the City's representative Personnel descriptions/definitions: a. Move CoordinatorlProject Manager:The Contractor shall furnish a Move Coordinator who will work closely with the City's Project Manager and Move Coordinator(s) in conducting pre-move coordination and planning services in the months prior to the physical relocation work. The Contractors Move Coordinator shall have at least two(2) years experience in performing such services for commercial moves of the type required by the contract performance requirements,this person shall be a full time employee of the Contractor and should submit resume's as a response to this solicitation confirming experience in Government/Municipal move services. Contractor shall provide a resume for Contractors Move Coordinator,which substantiates the required experience, upon the City's request. A Move Coordinator shall be available on site at all times and shall have the authority to act for the contractor at all times.Work includes development and use of necessary forms, way finding tools, processes, equipment lists, instructions, and inventory work required to fully plan and execute the work. b. Supervisors:The Contractor shall provide an on-site move supervisor who will supervise the work of Contractors drivers,helpers,and workers during the execution of each move. When performing moves between different locations,the Contractor shall provide at least one supervisor at each point of origin and at least one supervisor at each destination point, unless otherwise approved by the City's Project Manager. Each supervisor shall have at least one-year experience in supervising commercial moves, this person shall be a full time employee of the Contractor and should submit resume's with the response to this solicitation confirming experience in Government/Municipal move services. Contractor shall provide resumes for Contractors Move Supervisors, which substantiates the required experience,upon the City's request.Resume must include the individual's name, address,and Florida driver's license.Move supervisor shall document existing conditions prior to their work to avoid being charged for damage found during or after the move work. Work includes development and use of necessary forms, way finding tools, processes, 7 Page 402 of 8655 equipment lists, instructions, rate tracking, and inventory work required to fully plan and execute the work. C. Workers: Contractor shall provide workers, as required, to complete each move within the specified time frame and responsibilities. Workers will be required to perform actual moving services, including, but not limited to, disassembly, packing, labeling, moving, unpacking, loading dock and elevator supervision, reassembling City property, clean up move sites, etc., as required by the City. Workers must provide all manpower to run elevators,be staged at doors and all necessary guidance for move materials and items. d. Drivers: Contractor shall provide and obtain necessary permits and valid licenses for all drivers related to the transportation of county materials;in addition,all drivers must employ adequate driving skills. Vehicle Requirements: 3.12 All vehicles must have valid and current registration, Department of Highway Safety and Motor Vehicle Fuel Decal, if applicable, and be in safe working order. All markings and tags must be clearly visible. 3.13 Contractor must furnish clean and mechanically sound,closed-type vehicle(s)of sufficient size to accommodate the shipment and properly licensed personnel to operate such vehicle(s). Unless a specific size and type of vehicle is requested by the City, Contractor will use their best judgment in furnishing vehicles(s)of the most appropriate type and size for the required services. Contractor will not be allowed to substitute and charge for two (2)or more small vehicles if a large vehicle(s)would have been sufficient and appropriate to accomplish the job. If such instance should occur, Contractor will charge only for the lesser number of vehicles that should have been furnished. Contractor is solely responsible for vehicle insurance. Vehicle(s) must be in good repair and in compliance with all federal, state, and local laws and regulations for operation. All vehicles must be equipped sufficiently with clean pads, covers, and other protective equipment to ensure safe transit and delivery of property.Protective covering must be used during the loading and unloading operations in the event of inclement weather. 3.14 Contractor and its subcontractor(s) must be familiar with all applicable Federal, State, County, City and local laws, regulations or codes and be governed accordingly, as they will apply to this contract and the actions or operations of those engaged in the work or concerning materials. 3.15 All employees of Contractor shall be considered to be,at all times,the sole employees of Contractor and not an employee or agent of the City of Boynton Beach. The City may require Contractor to remove an employee it deems careless,incompetent,insubordinate or otherwise questionable. 3.16 Trucking and Loading Dock Limitations: Contractor shall be responsible for selection of proper vehicle(s),to fit the limitations of the origin and destination building loading docks, access,and surrounding streets. Safety Standards: 3.17 Contractor agrees and warrants that it and its workforce shall comply with applicable OSHA and EPA regulations.Further,all equipment used shall meet all requirements identified by the State of Florida. 3.18 Contractor agrees that compliance with the standards and rules and regulations identified above shall be at the Contractor's cost. Proof of compliance with the above shall be submitted at the City's request. Contractor's General Requirements: 3.19 The Contractor will provide all necessary labor and materials to cant'out its 8 Page 408 of 8655 responsibilities within the time frames set by the City. 3.20 When disassembly and assembly of property is required,the Contractor will furnish labor and equipment sufficient to accomplish the task. 3.21 Contractor shall be responsible for packing,safe transportation and reuse of all existing hardware associated with the disassembly of equipment and furniture. 3.22 The Contractor will be responsible for safeguarding and protecting its own work,material, tools and equipment. 3.23 If the Contractor requires the use of a dumpster during the performance of the Work,the Contractor must coordinate with the City's project manager.The Contractor shall,at all times,keep the premises free from excessive accumulation of waste material or rubbish caused by its employees or work. 3.24 Contractor's Project Manager shall perform a walk-through with the City Representative to evaluate the new locations to document any existing damage. 3.25 Contractor's Project Manager is responsible for all aspects of project management for the move and punch list. 3.26 The Contractor may have to schedule work in cooperation with other contractors working on-site at City facilities.The Contractor will collaborate with the City regarding completing their work while accommodating these activities. 3.27 Contractor shall arrive at the move site promptly with all necessary equipment to complete the job. 3.28 All necessary permits,if required,are to be provided by the Contractor and such cost shall be included in the proposed prices. 3.29 All furnishings,equipment and supplies will be transported in weather tight vans. 3.30 Contractor will verify that the equipment weight will not hinder delivery of the equipment or damage property during transport. 3.31 Contractor shall provide necessary protection,padding and equipment without additional charge to the City. 3.32 Any furniture,equipment and supplies within the responsibility of the Contractor will be delivered to the destination site in good condition.Any equipment,furniture or supplies damaged or lost during the move will be the responsibility of the Contractor,who will promptly replace all damaged goods or will be responsible for the cost of repair, and at the time of final acceptance of work, the Contractor will afford the City Representative access for inspecting the work.Inspections will take place prior to approval of invoices. 3.33 Travel time to or from the Contractors facility to the work site is included in the proposal. 3.34 Any additional work required after the initial move shall be authorized by the City Representative prior to work being done. The City of Boynton Beach's Responsibility: 3.35 The City Representative will coordinate the move between the Departments and the designated Contractor's Project Manager. 3.36 City personnel will pack and label boxes,furniture and equipment. 3.37 City Representative will provide floor plans showing the furniture layout,reconfiguration before the move to the Contractor. 3.38 City staff will be responsible for packing/unpacking their personal belongings.Staff will not be responsible for emptying and refilling file cabinets.Mover shall supply all necessary packing materials on an as-needed basis. 3.39 City staff will disconnect desktops and phones and will box them up. Mover will be responsible for moving boxes to the new locations.City IT staff will unpack and reconnect of all computers and related equipment (computers, printers, faxes, telephones, keyboards, computer mice, speakers, etc.). Main server equipment will be relocated by City IT staff and is not included in this scope. 9 Page 40@ of 8655 3.40 City staff will coordinate the move of all leased copiers.The Contractor will be responsible for moving City-owned copiers and mufti-function devices.This equipment will be identified during the walk-thru. 3.41 The final move schedules will be determined by the City.There will be no additional fees, costs or penalties to the City as a result of schedule changes. The City will advise the Contractor of changes as far in advance as possible.The City and the Contractor will jointly establish a detailed work schedule. Penalties: 3.42 If,during the term of this Agreement,the Contractor fails to provide property protection that is reasonable and necessary as determined by the City,and damage ensues,the Contractor shall immediately repair the damage in an acceptable manner to the City, or the City shall have the option, but not the obligation,to repair and charge the Contractor for all costs of the repair. 3.43 If the Contractor fails to maintain the premises in a neat and rubbish free condition,as mandated by fire and personal safety standards and acceptable to the City,the City may clean the area and charge the Contractor for the cost of the work. 3.44 If the Contractor fails to arrive at the previously agreed upon locations at the agreed upon time,and with a full complement of staff and equipment to complete the work required,a penalty may be charged equaling 10%of the charges for that phase of work. Schedule: The move(s)are expected to occur sometime between August and October 2018.All moving dates and schedules listed herein are not to be considered exact and may be modified by the Project Manager at no additional cost to the City. EMPLOYEE COUNT AT CURRENT LOCATIONS(ESTIMATED) City Hall(Main) West Wing Police Dqp rtment Building and Zoning 20 Utilities 12 Clerk 5 Comm.&Marketing 2 Dev Services 13 Economic Development 2 ITS 14 HR 10 Public Works 2 Finance , 14 CommunitStandards 23 City Commission 5 City Attorney 2 City Manager 3 Other 3 5 200 10 Page 418 of 8655 EXHIBIT B FEES AND PAYMENTS REQUEST FOR PROPOSAL FOR MUNICIPAL COMPLEX RELOCATION SERVICES RFP No.: 015-121048117 PRICE PROPOSAL FORM LABOR _ _ 1FEM UESORIP"M REGULAR HOI4RLY OVERTIME RATE HOURLY RATE 1. Move Coordinator(Project Manager$ (0.00 plhr $40.00 p/hr 1 2. Move Supervisor $ 32.00 D/hr $32.00 p/hr F4.3. Move Workers $ 24.00 Dfir $24.00 p/hr Move Drivers $ 26.00 )/hr $26.00 p/hr 5. Move Installers $ 28.00 p/hr $28.00 p/hr 6. File Move Attendants $ 24.00 aAir $24.00 p/hr 7.mminstallation Project Manager $-L2-1 Rk-plirr $32.00 p1hr EQUIPMENT ITEM DESCRIPTION Unit Price 1 Unit of Measure Moving Van, 1,592 cubic foot N 1, minimum truck Incudes truck and $ 448..00 plday driver Moving Van, 1,401 cubic foot 448.00 2. minimum truck incudes truck and $ plday driver Moving Van, 855 cubic foot $ N/Ada 3. minimum truck Incudes truck and y driver THIS PAGE TO BE SUBMITTED fOR PROPOSAL TO BE CONSIDERED COMPLETE AND ACCEPTABLE. RFP No.015.12WISIT 11 Page 416 of 8655 EXHIBIT B FEES AND PAYMENTS REQUEST FOR PROPOSAL FOR MUNICIPAL COMPLEX RELOCATION SERVICES RFP No- 015-1210-181fT PRICE PROPOSAL FORM(continued) EQUIPMENT ^ter — —�-- RFENFIESCRIPTfON UMprice ! Unit of Measure _ — viioving Van,669cublc foot 4, minimum truck induces truck and $ NIA plday driver Moving Van, 400 cubic fool KLA pity 5, minimum truck Includes truck and $ driver Moving Van, 317 cubic foot 6. minimum truck includes truck and $ N/A Pfday driver �_.�.__..._ proposer shall attach a copy of its rate sheet for use In pricing additional materials, equipment services as needed.These additional materials may Include including cartons,bubble wrap,pallet jacks,wooden equipment cans,tape,shrink-wrap,etc. BaUxann f cou 40QUTHORizED SIGNATURE COMPANY NAME S L- ( 954 1 977- 552 Bunch _ - �PRjNTED NAME TELEPHONE NO. Sa$ea Consultant st¢ue.tuachivgeltaana.c_o_ae TITLE _ --- ... E-MAIL ADDRESS �isfy 9th, 2018 ...__ DATE 12 Page 412 of 8655 EXHIBIT B FEES AND PAYMENTS, 4 bellmann „o„ , www.beltmann wr 'Up r. MATERIAL&EQUIPMENT RATE SHEET PPI.ade Moving Crates(RenteD 5 per crate per day Legal Size Office Tote Box(2.5 cubic FG) @ S2.50 each Book Carton(1.5 cubic Ft.) @$2.00 each Speed Pack Container(15 cubic Ft.) @$ISM each (Note:Speed packs used during relocations are$2.50 each.) And-Static Bubble Bags(For Computers) @$2.00 each Anti-Static Bubble wrap(24"x250)per roll @ S75.00 per roll Regular Clear Babble wrap(24"xM')per roll @$60.00 per roll Tape @$2.00 per roll Rolled Corrugated Card Board(48"x250') @ 550.00 per roll (Note:Corrugated used to protect facilities are at no charge) $.SO pound Movers Pacidng Paper @ Stretch Wrap(24"z 250') @$30.00 per roll Foukment Deser on Rite Four-wheel Dollies (Four-wheel dollies used by the Beltmenn crew while performing the move are at no charge) (Note:If it is required that the four-wheel dollies remain on-site a daily rental fee of 5.50 per dolly per day will apply.) Panel Carts (Panel Carts used by the Beltmann crew while performing the move are at no charge) (Note:If it is required that the panel carts remain on-site a daily rental fee of$3.50 per cart per day w01 apply.) Book Carts (a7 S2.50 per cart par day Belbann croup Incorporated 8089 K Andrews Ave.Extw ion,Pompano,FL 89084 Toll Free 4800)429-4440 TeWwne(854)8774=Fax(954).977-5868 Stephen amok Commerabl Reboadon t"WtantMdAe 064425-7479 We MR-148 Broward 55 palm Beach M01-Ml norDiAmericaMCAwdah 13 Page 418 of 8655 beltman R P www.beltmann.com " March 1, 2020 Ms. Gail Mootz City of Boynton Beach 3301Quantum Blvd. Boynton Beach, FL. 33425 Ms. Gail Mootz, Thank you for considering Beltmann as a partner for your upcoming Relocation project. Betmann Group would like to offer the City of Boynton Beach to provide relocation services under the same provisions as outlined in the original RFP No.: 015-1210-18/1T. We clearly recognize the importance in every phase of the project. I want to personally assure you that The Beltmann Group will deliver the quality and all resources required to meet and to exceed your expectations of service. Based on the total cost of the previous relocation performed under RFP No.: 015-1210-18/IT the total estimated cost for the relocation is $90,000.00. Please do not hesitate to give me a call if I may be of any assistance. Sincerely BELTMANN GROUP s&*a vwvml Stephen Bunch Beltmann Group, Inc.3039 N.Andrews Ave. Extension, Pompano, FL 33064 800.829.4440 narthAmrican. Page 4A of 8655 beltman R P www.beltmann.com " Beltmann Group, Inc.3039 N.Andrews Ave. Extension, Pompano, FL 33064 800.829.4440 narthAmrican. Page 428 of 8655 7.H. Consent Bids and Purchases over $100,000 9/15/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 9/15/2020 Requested Action by Commission: Award task order GIS-UMT-02-20 with Florida Technical Consultants, LLC., in the amount of$291,870 as a result of RFQ No.007-2821-20/TP, Geographic Information Services (GIS) Engineering Services, awarded by City Commission July 7, 2020 to update the Utility Atlas. Explanation of Request: The Utilities Department along with Florida Technical Consultants, LLC., are in the process of updating the Utility Atlas for use by all utility staff, other departments, consultants, various utility management programs. Previously staff's primary focus was improving the wastewater, stormwater, and raw water base maps. Although there is still more work in these areas, this task order is to allow staff to focus on potable water along with new utility infrastructure built during new development and capital improvement projects. Field staff have also identified various updates that were identified and flagged utilizing the mobile devices that need review and posting to the base maps. This scope of services is comprised of three phases. The first phase will include updating the base map utilizing record drawings for up to twenty projects that are not in the base map. The second phase will focus on the potable water system improvements. Florida Technical Consultants, LLC. will work closely with field staff to research as-builts and to verify missing infrastructure in the field. The final phase will include a review status of non-potable water infrastructure within the wastewater, stormwater, raw water and reclaimed systems that will require updates. How will this affect city programs or services? Approval of this task order will allow the utility to work with the consultant to field verify and update the existing G I S database. An accurate G I S is essential for the operation of the utility. This utility's water and wastewater hydraulic and other utility management programs relies on accurate geographical information. This information is also useful for emergency management and long-term planning.Accurate maps also enhance the service staff provides to contractors and customers who need to locate utility lines for construction or other project. Fiscal Impact: Budgeted Funding has been budgeted in utility C I P -Account No.403-5000-536.31-90 Alternatives: Not approve the task order. The alternative is to not update the G IS may lead to utilization of inaccurate geographical information that could lead to higher ongoing costs for the Utility. Not updating the base data will result in inefficient management of emergencies and reduce staff's ability to perform long-term planning of replacing our aging infrastructure. Page 721 of 1055 Strategic Plan: Strategic Plan Application: Climate Action: Climate Action Discussion: Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Contract FTC Contract D Letter FTC Task Order-Scope of work D Attachment FTC Fee Schedule Page 722 of 1055 i i 1 RESOLUTION NO. R20-062 2 1 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, APPROVING AND AUTHORIZING THE CITY 5 MANAGER TO SIGN AN AGREEMENT WITH FLORIDA 6 TECHNICAL CONSULTANTS,LLC.OF BOYNTON BEACH,FL r 7 AS A RESULT OF RFQ NO.007-2821-20/TP FOR GEOGRAPHIC 8 INFORMATION SERVICES (GIS) ENGINEERING SERVICES 9 TO BE EXECUTED BASED ON INDIVIDUAL TASK ORDERS IN 10 COMPLIANCE WITH THE CITY'S PURCHASING POLICIES 11 AND PROCEDURES; AND PROVIDING AN EFFECTIVE DATE. 12 13 WHEREAS, on June 2, 2020 the Commission approved the recommendation of 14 the Evaluation Committee and authorized staff to conduct negotiations with the first 15 ranked firm, Florida Technical Consultants, LLC. to establish an agreement for ongoing 16 (GIS) Engineering Services; and 17 WHEREAS,this Agreement will provide the issuance of task orders in connection 18 with projects for on-going GIS Engineering Services to update and correct the existing 19 GIS database used to enhance City-wide operations and any task orders in excess of 20 $35,000 will be brought back to Commission for approval in accordance with Purchasing r 21 Policies and Procedures; and 22 WHEREAS,the Agreement, including the Scheduled of Professional Fees will be { 23 fixed and firm for at least the initial two (2) year period and may be renewed for three(3) 24 additional one (1)year periods; and 1 25 WHEREAS, the City Commission of the City of Boynton Beach upon i 26 recommendation of staff, deems it to be in the best interest of the citizens and residents to 27 approve and authorize the City Manager to sign an Agreement with Florida Technical 28 Consultants, LLC. of Boynton Beach, FL as a result of RFQ No.007-2821-20/TP for 29 Geographic Information Services (GIS) Engineering Services to be executed based on 30 individual task orders in compliance with the City's purchasing policies and procedures. 31 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION 32 OF THE CITY OF BOYNTON BEACH,FLORIDA, THAT: z 33 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed r 34 as being true and correct and are hereby made a specific part of this Resolution upon 35 adoption. { 36 Section 2. The City Commission of the City of Boynton Beach, Florida, S:ACA\RESO\Agreements\Agreement with Florida Technical Consultants(GIS)-Reso.docx 1, t Page 723 of 1055 a 4 f s I i s s i 37 hereby approves and authorizes the City Manager to sign an Agreement with Florida Ij 38 Technical Consultants, LLC. of Boynton Beach, FL as a result of RFQ No.007-2821- 39 20/TP for Geographic Information Services (GIS) Engineering Services to be executed 40 based on individual task orders in compliance with the City's purchasing policies and 41 procedures. A copy of the Agreement is attached hereto and incorporated herein as 42 Exhibit"A". f 43 Section 3. That this Resolution shall beco e effective immediately. 44 PASSED AND ADOPTED this day of July, 2020. 45 CITY OF BOYNTON BEACH, FLORIDA 46 YES NO 4 47 48 Mayor—Steven B. Grant 49 50 Vice Mayor—Ty Penserga 51 I, 52 Commissioner—Justin Katz 53 54 Commissioner—Woodrow L. Hay 55 56 Commissioner—Christina L. Romelus 57 58 VOTE S 59 ATTEST: i 60 w l 61 62 Cry tal Gibson, MMC 63 City Clerk i 64 65 l 66 (Corporate Seal) �{ i tr( { Il II i ,{ S s:ACA\RESO\Agreements\Agreement with Florida Technical Consultants(GlS)-Reso.docx i Page 724 of 1055 c i i t{ � J .t E t ' G f I 4 1 GEOGRAPHIC INFORMATION SYSTEM (GIS) ENGINEERING SERVICES } r THIS AGREEMENT is entered into between the CITY of Boynton Beach, hereinafter referred to t as "CITY", and FLORIDA TECHNICAL CONSULTANTS. LLC, hereinafter referred to as r "CONSULTANT", in consideration of the mutual benefits, terms, and conditions hereinafter specified. G E � 3 WHEREAS, pursuant to Section 287.055, Florida Statutes, the CITY of Boynton i Beach solicited proposals for a non-exclusive Contract to perform professional planning 4 services, and } WHEREAS, THE CITY issued a Request for Qualifications for gEOGRAPHIC INFORMATION SYSTEM GIS ENGINEERING SERVICES RFQ No. 007-2821-201TP; and WHEREAS, RFQ No. 007-2821-20lTP defined Scope of Services as GEOGRAPHIC ; INFORMATION SYSTEM (GIS) ENGINEERING SERVICES; and F I WHEREAS, the CITY determined that CONSULTANT was qualified for appointment to ` perform the scope of services set forth in the Request for Qualifications; and it �4 WHEREAS, the CITY Commission on JULY_7, 2020, determined that CONSULTANT was qualified for appointment to perform the scope of services set forth in the Request for Qualifications; and S u ; WHEREAS, the CITY Manager administrative staff, has successfully negotiated an i Agreement with CONSULTANT defining terms and conditions for the performance of consulting } and engineering services within the scope of the Request for Qualifications; and } NOW, THEREFORE, in consideration of the mutual covenants expressed herein, the parties agree as follows: ARTICLE 1 - SERVICES z f� 1.1 CONSULTANT agrees to perform Geographic Information System (GIS) a Engineering Services by way of individual task order(s) f written work authorization(s), at the written request of the CITY during the term of this Agreement, including the provision of all labor, materials, equipment and supplies. { The specified project, which may be assigned to CONSULTANT, is set forth on l Exhibit " A " j { 4 s I,4 ,A Boynton Beach Utilities—Geographic Information System (GIS) Engineering Services C-1 j Revised 6/2020--FL Technical Consultant LLC 4 ;t r Page 725 of 1055: , ; i i it f 41 !; j-- The CITY's Representative during the performance of this Contract shall be Waneya Bryant, Manager Asset Management $Ystem telephone (561) 742- 6427 The CONSULTANT'S Representative during the performance of the Contract shall be James Barton telephone 954-914-8488 ` President, FTC ARTICLE 2 - TERM {' 2.1 The initial Contract period shall be for an initial term of two (2) years, commencing E on the date this contract is last signed by the City or Consultant. The City reserves the right to renew the contract for three (3) additional one (1) year periods, under the same terms, conditions. The Services to be performed during the initial two (2) year term will be governed by this Agreement, and that there is no guarantee of I 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. t The CONSULTANT will be reimbursed for this service at the rate in effect when this transitional period clause was invoked by the CITY. i r 4 r 4 ARTICLE 3 -TIME OF PERFORMANCE 3.1 Work under this Contract shall commence upon the giving of written notice by the s CITY to the CONSULTANT by way of a task order signed by the City and delivered 4 to CONSULTANT. CONSULTANT shall perform all services and provide all work product required pursuant to this Agreement within the time period set forth in the task order, unless an extension of time is granted in writing by the CITY. ARTICLE 4 - PAYMENT a 4.1 The CONSULTANT shall be paid by the CITY for completed work and for services rendered under this agreement as follows: , a a. Payment for the work provided by CONSULTANT shall be made as provided on Exhibit "A " attached hereto b. The CONSULTANT may submit vouchers to the CITY once per month during the progress of the Work for partial payment for project completed to date. Such vouchers will be checked by a CITY representative, and upon approval thereof, payment will be made to the CONSULTANT in the amount approved. c. Final payment of any balance due the CONSULTANT of the total contract price earned will be made within thirty (30) calendar days of verification and acceptance by the CITY after the completion of the Work. r E �. Boynton Beach Utilities—Geographic Information System (GIS) Engineering Services C-2 Revised 6/2020—FL Technical Consultant LLC j � t Page 726 of 1055 iii. s '4 1t J i d. Compensation for sub-CONSULTANTS will be included by the CONSULTANT in the negotiated value of each task order. Compensation will be through a direct mark-up in accordance with the Schedule of Professional Fees attached hereto. I 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. ist It e. In certain cases where incremental billing for partially completed work is permitted 3 by the City's representative, the total incremental billings shall not exceed the i percentage of estimated completion of identifiable deliverables or accepted deliverables as of the billing date. f. The cost of all services as stated herein shall remain fixed and firm for the initial F two (2) year periost of the contract. Cost of services for any extension period of the contract shall be as agreed to by the City and CONSULTANT and reflected in a contract addendum. l k ARTICLE 5 - OWNERSHIP AND USE OF DOCUMENTS � 5.1 Upon completion of the project and final payment to Consultant, all documents, k; G drawings, specifications and other materials produced by the CONSULTANT in connection with the services rendered under this agreement shall be the property of the CITY whether the project for which they are made is executed or not. Notwithstanding the foregoing, the CONSULTANT shall maintain the rights to reuse standard details and other design copies, including reproducible copies, of drawing 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 Agreement, without the written consent of CONSULTANT, shall be at the CITY's sole risk and without liability to CONSULTANT and CONSULTANT'S sub-CONSULTANTS. f u ARTICLE 6 - FUNDING 4 i t 6.1 This Agreement shall remain in full force and effect only as long as the expenditures provided in the Agreement have been appropriated by the CITY in the annual budget for each fiscal year of this Agreement, and is subject to termination based on lack of funding. i 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 Agreement and that it will retain and assign qualified professionals to all assigned projects during the term of this Agreement. CONSULTANT's services shall meet a standard of care for Geographic Information System (GIS) Engineering Services as they relate to the utility GIS System located at various facilities throughout the Boynton Beach Utilities service area and related services no less than the standard of care for z { Boynton Beach Utilities—Geographic Information System (GIS) Engineering Services C-3 5 ( Revised 6/2020—FL Technical Consultant LLC r Page 727 of 1055, ' p ti rt tf f � Geographic Information System (GIS) Engineering Services practicing under similar conditions. In submitting its response to the RFQ, CONSULTANT has s represented to CITY that certain individuals employed by CONSULTANT shall ' provide services to CITY pursuant to this Agreement. CITY has relied upon such representations. Therefore, CONSULTANT shall not change the designated i Project Manager for any project without the advance written approval of the CITY, which consent may be withheld in the sole and absolute discretion of the CITY. ARTICLE 8 - COMPLIANCE WITH LAWS 8.1 CONSULTANT shall, in performing the services contemplated by this service Agreement, faithfully observe and comply with all federal, state and local laws, } ordinances and regulations that are applicable to the services to be rendered under, r this Agreement. 1 i # i ARTICLE 9 - INDEMNIFICATION 9.1 CONSULTANT shall indemnify and hold harmless the CITY, its offices, agents and employees, from and against any and all claims, losses or liability, or any portion r t thereof, including attorney's fees and costs, arising from injury or death to persons, t including injuries, sickness, disease or death to CONSULTANT's own employees, or damage to property occasioned by a negligent act, omission of the CONSULTANT. Neither party to this Agreement shall be liable to any third party claiming directly or through the other respective party, for any special, incidental, indirect or consequential damages of any kind, including but not limited to lost profits or use that my result from this Agreement or out of the services or goods furnished hereunder. t ARTICLE 10 - INSURANCE s 10.1 During the performance of the services under this Contract, CONSULTANT shall maintain the following insurance policies, and provide originals or certified copies of all policies, and shall be written by an insurance company authorized to do business in Florida. i 10.1.1 Worker's Compensation Insurance: The CONSULTANT shall procure and maintain for the life of this Contract, Worker's Compensation Insurance covering all employees with limits meeting all applicable state and federal laws. This coverage shall include 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 s and Employer's Liability Insurance. The policy must contain a waiver of subrogation in favor of the CITY of Boynton Beach, executed by the insurance company. } i' 10.1.2 Comprehensive General Liability: The CONSULTANT shall procure and maintain for the life of this Contract, Comprehensive General Liability i Insurance. This coverage shall be on an "Occurrence" basis. Coverage 1 t Boynton Beach Utilities—Geographic Information System (GIS) Engineering Services CA Revised 6/2020—FL Technical Consultant LLC y Page 728 of 1055) , j 4`> i 1 i 5; shall include Premises and Operations; Independent consultants, Products Completed Operations and Contractual Liability with specific reference of ' f Article 7, "Indemnification" of this Agreement. This policy shall provide coverage for death, personal injury or property damage that could arise R directly or indirectly from the performance of this Agreement. CONSULTANT 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 1 insurance shall include the CITY as an additional insured and shall include a provision prohibiting cancellation of the policy upon thirty (30) days prior written notice to the CITY. 10.1.3 Business Automobile Liability: The CONSULTANT shall procure and . maintain, for the life of this Contract, Business Automobile Liability Insurance. The CONSULTANT shall maintain a minimum amount of $1,000,000 combined single limit for bodily injury and property damage liability to protect the CONSULTANT from claims 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 t minimum amount of$1,000,000 per occurrence. c 10.2 It shall be the responsibility of the CONSULTANT to ensure that all sub-consultants i 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 a 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 { for Comprehensive Liability Insurance on a claims-made policy only I f Boynton Beach Utilities—Geographic Information System (GIS) Engineering Services C-5 d Revise6/2020—FL Technical Consultant LLC � E rr Page 729 of 1055` � k 3 ! f E� ARTICLE 11 - INDEPENDENT CONSULTANT u i 11.1 CONSULTANT is an independent CONSULTANT with respect to the services s provided pursuant to this Agreement Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither CONSULTANT nor any employee of CONSULTANT shall i be entitled to any benefits accorded CITY employees by virtue of the services provided under this Agreement. The CITY shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an i d employer with respect to CONSULTANT, or any employee of CONSULTANT. t ti 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, any p g , to solicit or secure this Agreementand that he has not paid or agreed to aan i 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 Agreement For breach or violation of this warranty, the CITY shall have the right to annul this Agreement without liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, a commission, percentage, brokerage fee, gift, or contingent fee. 2 ' ARTICLE 13 —TRUTH-IN-NEGOTIATION CERTIFICATE t , 13.1 Execution of this Agreement by the CONSULTANT shall act as the execution of a 4 truth-in-negotiation certificate certifying that the wage rates and costs used to f determine the compensation provided for in this Agreement is accurate, complete, tr and current as of the date of the Agreement and no higher than those charged the CONSULTANT's most favored customer for the same or substantially similar r { service. 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 i paid to outside CONSULTANTS. The CITY shall exercise its rights under this "Certificate"within one (1) year following payment. 7 t ARTICLE 14 - DISCRIMINATION PROHIBITER f 14.1 The CONSULTANT, with regard to the work performed by it under this Agreement, will not discriminate on the grounds of race, color, national origin, religion, creed, 4 age, sex or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. Boynton Beach Utilities—Geographic Information System (GIS) Engineering Services C-6 s Revised 6/2020—FL Technical Consultant LLC f a i Page 730 of 1055r I ° i r 1 E t ARTICLE 15 -ASSIGNMENT 15.1 The CONSULTANT shall not sublet or assign any of the services covered by this x Agreement without the express written consent of the CITY. ARTICLE 16 • NON-WAIVER I 16.1 A waiver by either CITY or CONSULTANT of any breach of this Agreement shall not be binding upon the waiving party unless such waiver is in writing. In the event of a written waiver, such a waiver shall not affect the waiving party's rights with respect to any other or further breach. The making or acceptance of a payment t 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. f { ARTICLE 17 —TERMINATION 17.1 Termination for Convenience: This Agreement 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 Agreement or causes it to be terminated, CONSULTANT shall indemnify the CITY against loss pertaining to this termination. _ �r s ARTICLE 18 - DISPUTES r f s 18.1 Any dispute arising out of the terms or conditions of this Agreement shall be adjudicated within the courts of Florida. Further, this Agreement shall be construed under Florida Law. z ARTICLE 19— UNCONTROLLABLE FORGES r, t 19.1 Neither the CITY nor CONSULTANT shall be considered to be in default of this Agreement if delays in or failure of performance shall be due to Uncontrollable 1 Forces, the effect of which, by the exercise of reasonable diligence, the non- performing party could not avoid. The term "Uncontrollable Forces" shall mean k 4; any event which results in the prevention or delay of performance by a party of its obligations under this Agreement 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 f governmental actions. l 19.2 Neither party shall, however, be excused from performance if non-performance is due to forces which are preventable, removable, or remediable, and which the non- performing party could have, with the exercise of reasonable diligence, prevented, removed, or remedied with reasonable dispatch. The non-performing party shall, r within a reasonable time of being prevented or delayed from performance by an a Boynton Beach Utilities—Geographic Information System (GIS) Engineering Services C-7 Revised 6j2020—FL Technical Consultant LLC I Page 731 of 10557 li I t y I! 2 ` s i't uncontrollable force, give written notice to the other party describing the circumstances and uncontrollable forces preventing continued performance of the obligations of this Agreement. I ARTICLE 20 - NOTICES Notices to the CITY of Boynton Beach shall be sent to the following-address: ;s -City of Boynton Beach Procurement Services tr. f Attn: Director of Finance C` 100 E Ocean Avenue Boynton Beach, FL 33435 r € {fF Notices to CONSULTANT shall be sent to the following address: Consultant: Florida Technical Consultants, LLC i ADDRESS: 533 East Ocean Avenue, Suite#2 CITY/STATE/ZIP: Boynton Beach, FL 33435-4922 Attn: James Barton, P.E. LEER AP, President Tel: 954-914-8488 f Fax: Email: `barton techinc,com } t „ ARTICLE 21 - INTEGRATED AGREEMENT l i 21.1 This Agreement, together with the RFQ/RFP and any addenda and/or attachments, represents the entire and integrated agreement between the CITY and the CONSULTANT and supersedes all prior negotiations, representations, or agreements written or oral. This Agreement may be amended only by written { instrument signed by both CITY and CONSULTANT. i ARTICLE 22 -SOVEREIGN IMMUNITY 22.1 CITY is a political subdivision of the State of Florida and enjoys sovereign immunity. Nothing in the Agreement is intended, nor shall be construed or interpreted, to waive or modify the immunities and limitations on liability provided I for in Section 768.28, Florida Statute, as may be emended from time to time, or F' any successor statute thereof. To the contrary, all terms and provisions contained in the Agreement, or any disagreement or dispute concerning it, shall be construed or resolved so as to insure CITY of the limitation from liability provided to any fi successor statute thereof. To the contrary, all terms and provision contained in 5 the Agreement, or any disagreement or dispute concerning it, shall be construed 4 or resolved so as to insure CITY of the limitation from liability provided to the t State's subdivisions by state law. G i i ' I Boynton Beach Utilities—Geographic Information System (GIS) Engineering Services C-8 Revised 6/2020—EL Technical Consultant LLC i s f f Page 732 of 1055 I 1 r �jy 22.2 In connection with any litigation or other proceeding arising out of the Agreement, each 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 sovereign immunity, or extend CITY's liability beyond the limits established in Section 768.28, Florida Statutes, as amended. 1. Claims, disputes or other matters in question between the parties to this Agreement arising out of or relating to this Agreement shalt be in a court of law. The CITY does not consent to mediation or arbitration for any matter connected to this Agreement. s� \a 2. The parties agree that any action arising out of this Agreement shall take place in Palm Beach County, Florida. s ARTICLE 23 — PUBLIC RECORDS 23.1 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 t Statutes 119.07. ? � 1 The City is public agency subject to Chapter 119, Florida Statutes. The ' CONSULTANT shall comply with Florida's Public Records Law. Specifically, the CONSULTANT shall 4 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 f 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; t r 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 r r completion of the contract, CONSULTANT shall maintain in a secured manner all copies of such confidential and exempt records remaining in its possession F once the CONSULTANT transfers the records in its possession to the CITY; and D. Upon completion of the contract, Consultant shall transfer to the CITY, at no t cost to the CITY, all public records in CONSULTANT'S possession. All records stored electronically by CONSULTANT must be provided to the CITY, upon zrequest from the CITY's custodian of public records, in a format that is t compatible with the information technology systems of the CITY. r. t Boynton Beach Utilities—Geographic Information System (CIS) Engineering Services C-9 � r c � Revised 6/2020—FL Technical Consultant LLC Page 733 of 1055 iii Y �r" �r It ;i E. IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUES, TO THE G CONSULTANT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN n OF PUBLIC RECORDS. t CRYSTAL GIBSON, CITY CLERK 100 E OCEAN AVENUE �} BOYNTON BEACH, FLORIDA, 33435 t f 561-742-6051 «, GIBSONCBBFL.US << ARTICLE 24—SCRUTINIZED COMPANIES 287.135 and 215.47'3 24.1 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 - s in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has CONSULTANT been engaged in business ;Y operations in Syria. Subject to limited exceptions provided in state law, the City will �f a 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 CONSULTANT of o the City's determination concerning the false certification. CONSULTANT 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, CONSULTANT 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 CONSULTANT does not demonstrate that the City's determination of false certification was made in error then the City shall have the right to terminate the contract and seek civil remedies pursuant to Section 287.135, Florida Statutes, } as amended from time to time. THE REMAINDER OF THE PAGE IS INTENTIONALLY LEFT BLANK. s E r { F i ti f F I Boynton Beach Utilities—Geographic Information System (GIS) Engineering Services C-10 Revised 6/2020—FL Technical Consultant LLC ' Page 734 of 1055' r i 9 L# jii I "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 rr purposes." s I , 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: { k t`. DATED this day of 20 I � r } CITY OF BOYNTON BEACH A ' x i 5 �4 i CITY Manager --40 SULTANT 1` Attest/Authenticated: LY it Title \S P S(ULY yf Y }; 3r ft;{i � > (Corporate Seal) g C CIT Clerkz; ,Agl °fit ` ,. Approved to F r Attest/Authentica 1 Office oft CITY Attorney E I My Comm.Expires { - June 16,2023 No.GG 345588go •: 'i��`j•``'••r'UBL\C'•'r OF FV�U�,�� rrrr i a Boynton Beach Utilities—Geographic Information System (GIS) Engineering Services C-11 j Revised 6/2020—FL Technical Consultant LLC Page 735 of 1055 ( f` it City of Boynton Beach Risk Management.Department I{ INSURANCE ADVISORY FIRM 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 consultants,lessees,etc.,and the limits required by the City: (NOTE: This list is not all inclusive,and t 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 L.IMI1 REQUIRED ' i __--____ ________ -------------------------------------------------------- General Liability General Aggregate $1,000,000.00 ` Commercial General Liability Products-Comp/Op Agg. $1,000,000.00 Owners&Consultant's Protective(OCP) Personal&Adv.Injury $1,000,000.00 Liquor Liability Each Occurrence $1,000,000.00 r 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 Consultants Broad Form Property Damage Fire Legal Liability Automobile Liability _ Combined Single Limit $ 300,000.00 Any Auto Bodily Injury(per person) to be determined r j All Owned Autos Bodily Injury(per accident) to be determined Scheduled Autos Property Damage to be determined a Hired Autos Trailer interchange $ 50,000,00 i Non-Owned Autos PIP Basic r Intermodal i -----------------------_._..,..------_---------_----___._—--------------------- 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 s Excess Liability Each Occurrence to be determined Umbrella Form Aggregate to be determined i Worker's Compensation StatutoryLimits Employer's Liability Each Accident $ 100,000.00 t i Disease,Policy Limit $ 500,000.00 Disease Each Employee $ 100,000.00 ---------------------------------_-_________________----._.._--_________________-_-__-...__-----------------_-_-___-_-____________-__-__________.._____---________-______----- Property Homeowners Revocable Permitt I Builder's Risk 300,000.00 -Limits based d an Project Cost -----------------______---------------------____---___-__-______-__-_----_____—____________--------------------------------------------- ______ Other- As Risk Identified to be determined _--_______...---_------------------_-------------------------_---------------------- { iE { i i � f Boynton Beach Utilities—Geographic information System(GIS) Engineering Services C-12 14 r ( insurance Advisory Page 736 of 1055 F I r I EXHIBIT "A" j r FEE SCHEDULE k! I 1 i FIRM: FLORIDA TECHNICAL CONSULTANTS i DATE: June 4,2020 k S f PERSONNEL CLASSIFICATIONS HOURLY RATE - k.k Princi al $145 f�ro"ect Mane er $135 Senior Professional En ineer $135 Project Engineer $125 GIS Field Coordinator $125 Senior GIS Anal sis $120 i, t Pro"ect GIS Anal st $115 Junior En ineer $115 GIS Analyst $110 Field Technician $95 CAD Technician $95 Clerical $60 5 r i y i { x sr ) z ' � Boynton Beach Utilities—Geographic Information System (GIS) Engineering Services Exhibit "A" { C-13 Page 737 of 1055 Florida Technical Consultants, LLC 533East Ocean Avenue, Suite O2 FR! �� Boynton B�aoh. FL33435 T�| (854) 814-8488 mwm mww�m«�um ` www.f|teohino.00m VVaneyaBryant August 21. 2U2U Manager, Asset Management Systems Boynton Beach Utilities Bryant, VVaneya <BryantVV@bbf|.ua» Subject: BmyntmnBeachEngineeringG|G—Task Order#G|G-UK8T-D2-2D Utility Atlas Updates from CAD Record Drawings and Field Data Collection Dear Ms. Bryant: Florida Technical Consultants (FTC) is pleased for the opportunity to submit this Proposal for Professional Services to assist you updating the Digital UU|ih/ Atlas. This work will be done in accordance with the Agreement between Boynton Beach and Florida Technical Consultants dated July 30, 2020. Project Description The GIS Utility Atlas was initially built for the purpose of hydraulic modeling potable vvater, force main and reclaim water. As part of the initiative, the atlas was disseminated on mobile devices and staff were trained to review the data and flag changes. On ground level, the data lacked sufficient detail to be a tuu| for consistent maintenance tracking and it became apparent that a detailed data update vvuu|d require extensive record drawing research and field review. During the past year there were additional infrastructure changes as new development projects were completed. Field staff continued utilizing mobile devices toflag changes required in the Digital Utility Atlas. These changes must beupdated inthe utility atlas and the data repuated. Task 1Record Drawing Management CAO Updates: FTC will update the utility atlas with uptu2U Projects Identified by City ° City provide Record Drawings in CAO and PDF ° FTC update CAD As-Built Polygon Layer inGIS ° FTC update water, sanitary and storm system data in GIS CAO Management Plan: FTC provide plan for updating remaining record drawings * Review and catalog all CAO record drawings updated inthe atlas ° Review developed areas with nusystem data * Identify appropriate record drawings with City o Create a list ufCAD record drawings not previously updated inthe atlas o Create a list ufPDF record drawings not previously updated in the atlas * Post the polygon boundary layer tuOnline Platform and review with staff * Provide anestimate for adding the missing information Task 2Water System Improvements Data Review Program: FTC will develop * Polygon boundaries outlining review areas ° Track status as not reviewed, under review or updated Potable Water Valves: FTC will update potable water system based on field valve identification program * Review program status with Staff ° Research aa-bui|ta of areas * Update valves based unfield points (53UUpoints) * Adjust water line work tu match field conditions/ record drawings Page 738Of1055 • Maintain integrity of water model data • Staff continue field valve identification program Potable Water Lines: FTC will update water system based on field linework verification program • City staff to mark water and force main lines on major corridors • City staff to verify record drawing GIS layer is correct • FTC will update line work according to field markups and record drawing reference Other Potable Water Updates: FTC will update other potable water features based on field verifications points • Hydrants • Interconnects • Other features as identified by City Task 3 Non-Potable Water Updates Non-Potable Water Data Review: FTC will review with staff • Sanitary Sewer Pressure System • Sanitary Sewer Gravity System • Stormwater System • RAW Water System • Reclaim Water System Force Main Record Drawing Review: FTC will • Update line work according to field markups and record drawing reference • Maintain integrity of form main hydraulic model Non-Potable Field Data Updates: FTC will • Review all update points entered in the system (2800 points) • Review record drawings associated with data points • Update base utility data in accordance with field markups • Repost data to Online Platform • Review corrections with staff Deliverables FTC will provide Boynton Beach the final deliverable of all data and tools on the Boynton Beach GIS platform. Assumptions • The City will provide IT to support access to ArcGIS Online Platform. • The City will provide access to all relevant drawings, plans and background information. • The City will provide a committed team of field staff necessary to o Field locate lines and facilities o Reference record drawings o Review data updates o Provide feedback. Florida Technical Consultants August 21, 2020 Boynton Beach Engineering GIS Page 2 of 3 www.fltechinc.com Page 739 of 1055 Fees and Schedule A detailed fee schedule is included in Attachment A. All services will be on an hourly basis. The services will not exceed $291,870.00 without additional authorization from the City. The schedule of delivery will be 52 weeks from Notice to Proceed. The City will be billed monthly according to the services and deliverables provided. Should you have any questions, please do not hesitate to contact me at my office at (954) 954-8488 or send me an electronic message at jbarton@fltechinc.com. Respectfully submitted, FloNaechnical Consultants James Barton, P.E. Florida Technical Consultants August 21, 2020 Boynton Beach Engineering GIS Page 3 of 3 www.fltechinc.com Page 740 of 1055 000 00000 0000 0 EIto ocnc1* ItgwCl) 1- It 00C4) 0 0 0 00 o N LO � W) 00 .1cq: r � cEW E � — q r6qI* 6qwEgwqrw 0) 61) m � � � T- � � 61) m 2 \ m LL C) 04 EooIt o C) C) q S � 7 7 / ~ ~ \ r o § / o \ : r � 3 (lq ¢ 2 n _ \ 2 c It q � � \ / @ b ^ o 0 2 04 ? ® 00 00 ? / N N E o : 2 3 / 04 / Oq 0 u 0 0 0 c q w L) b 2 $ / CD a a 2 z r 04 m c o o n C4 o m 0 3 / I E § LL co co c0404N N / / 2 2 � � / Oq OR � u k / � E 2 R \ 2 \ E o 2 0 § :3 5; % " ƒ �� \ ] § / E = I / ° ° ¢ \ 2 3 \ > o _ Iu � 2 ? roc Cc m2 � = ./ 7 / m / > S 4 2 = } ƒ 2 S ƒ \ R \ \ / ° ® CO 2 � # o = _ — w _ f [ > 4 4 ° \ 5 O / ■ o _ k 2 \ g g 2 £ £ / _ —r- 0 § o 2 f f 2 2 f 3 3 3 f a 6 6 a 0 m m < < o m = o o � o m m o o 0 0 0 0 Q LL ca :3 w w U U R w 0 E E 0 R w Z � Z R R 7.1. Consent Bids and Purchases over $100,000 9/15/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 9/15/2020 Requested Action by Commission: Award Task Order F-3-2020 Quantum Park District-ABM Landscape Maintenance as part of Contract No. 009-2511-20/RW for Town Square/City Facilities Maintenance Services, and authorize the City Manager to issue a Purchase Order to in the total amount not to exceed $213,000 per year. Explanation of Request: This comprehensive landscape and turf maintenance service plan is specifically designed for the City of Boynton Beach—Quantum Park District. 1. Pricing for Monthly Landscape Services= $6.750.00 Total Price Per Year = $81,000.00 2. Pricing for Monthly Irrigation Services (through Apache Irrigation -ABM will manage this contract.) Monthly Price = $1,000.00 Total Price Per Year = $12,000.00 3. Daily Pricing for Palm Pruning (over 16') and Large Hardwood Tree Pruning (over 10') —Service to Include— Bucket/Box Truck with Chipper and three Man Crew. The Cost of MOT(if necessary) and Dump Fees are Additional. Daily Rate = $2,000.00 (Not to Exceed $120.000/YR) Overall Total is not to exceed $213,000.00 annually. How will this affect city programs or services? Approval of this request will allow City staff to operate, maintain, and manage Quantum Park District Fiscal Impact: Budgeted Funding is available in Parks and Grounds Division account numbers#001-2730- 572.49-17 (Other Contractual Services) Alternatives: Not issue the Task Order and utilize a combination of staff and existing vendors. Strategic Plan: Strategic Plan Application: Climate Action: Climate Action Discussion: Page 742 of 1055 Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Addendum Res R20-074 & Executed ABM Contract 009- 2511-20RW - Town Square Maint RW Boynton each - Quantum Park District-ABM D Addendum Landscape Maintenance Proposal & Scope of Work 090820 F I NAL Page 743 of 1055 "CONTRACT NO. 009-2511-20/RW" FOR } "TOWN SQUARE/ CITY FACILITIES MAINTENANCE SERVICES" i THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred i to as "City", and ABM Building Solutions, LLC., 3260 NW 23rd Ave., Suite 100E, Pompano Beach, FL 33069, hereinafter referred to as "Contractor", in consideration of the mutual benefits, terms, and conditions hereinafter specified. WHEREAS, pursuant to Section 287.055, Florida Statutes, the City of Boynton Beach solicited proposals for a non-exclusive Contract to perform professional services with a Contractor, and ti WHEREAS, THE City issued a Request for Qualifications for "TOWN SQUARE/ CITY FACILITIES MAINTENANCE SERVICES, RFQ No. 009-2511-20/RW it and i' WHEREAS, RFQ No. 009-2511-20/RW defined the Scope of Services as s, TOWN SQUARE/ CITY FACILITIES MAINTENANCE SERVICES; and t WHEREAS, the CITY determined that Contractor is qualified to perform the scope i of services set forth in the Request for Qualifications; and { WHEREAS, the City Commission on July 07, 2020, determined that Contractor is qualified for appointment to perform the scope of services set forth in the Request for Qualifications; and 4„ WHEREAS, the City Manager's administrative staff, has successfully negotiated an Agreement with Contractor defining terms and conditions for the performance of maintaining the municipal facilities and grounds services within the scope of the Request y for Qualifications. 1) NOW, THEREFORE, in consideration of the mutual covenants expressed herein, �J the parties agree as follows: c. ARTICLE 1 - SERVICES 1 . 1 Contractor agrees to perform Services Maintaining the Municipal Facilities and Grounds during the term of this Agreement as more specifically set forth in Attachment "A" Scope of Services and Attachment "B" RFQ No.009-2511- 20/RW with Addendum I and 2, which are made a part of this Agreement, including the provision of all labor, materials, equipment and supplies. The u Contractor will develop scopes of work and verification protocols to maintain RFQ 009-2511-20/RW TOWN SQUARE/CITY FACILITIES MAINTENANCE SERVICES C-1 5 t } c performance standards required at all facilities, inclusive of necessary capital planning and upgrades to existing facilities. It is the intent of the City for the Contractor to furnish all materials, labor, supervision, equipment, supplies, fees, expertise, and services for the municipal facilities and grounds on an as needed basis for projects as z requested per each task order. I The Contractor will be expected to submit a competitive proposal for the award of the task order. t The function of the Contractor will be turn-key, including fees, permits and licensing as necessary. The Contractor will work with Facilities, Development, and Utilities Department to review project sites and product specifications. Task orders at this time are not defined, but will be miscellaneous in scope and of varied sizes and complexities as required by the City. The City reserves the right to require Payment and Performance Bonds (P&P) on any project, provided the Contractor is notified of the intent j during the solicitation process, or the City is willing to absorb the actual cost of the P&P bonds after award. When required, the P&P must be filed by the Contractor before any Notice to Proceed will be issued by the City. E The Contractor will be responsible for providing all of the material, labor, equipment, vehicles, tools and services necessary for the City's projects. ` The Contractor will also be responsible for the quality of all work performed i by any and all employees and sub-contractors. The Contractor's responsibilities may include advising city staff, securing the property, providing temporary utilities on site, managing personnel on site, providing site surveying and engineering, disposing or recycling of construction waste, 1 monitoring schedules and, and maintaining accurate records. The Contractor will be responsible to protect all interior and exterior of the City's property during construction, and making any necessary repairs as a result of construction. The Contractor will be responsible for scheduling the drop- off, emptying and picking up of all dumpsters. The contractor will be responsible for all dumpster fees. r The Department may arrange a site visit or a pre-bid meeting where a general overview of existing infrastructure will be discussed. Specifications h and Drawings may be provided based on the Department's desire of specific products. Before any work is performed, the Contractor shall obtain all the permits necessary as applicable from the appropriate state or county agencies. When the work is completed the Contractor shall obtain final release or clearance as applicable from the appropriate agencies. The Contractor may be permitted to subcontract portions of the work to competent sub-contractors. The percentage of the work that the Contractor may subcontract will be identified per Task Order solicitation. The sub-contractors are the responsibility of the Contractor t and not the City. All sub-contractors performing work for the City shall be duly licensed prior to commencement of any work during the 11 { RFQ 009-2511-20(RW TOWN SQUARE/CITY FACILITIES MAINTENANCE SERVICES C-2 5 contract period. The Contractor shall be fully responsible to the City for 3 acts and omissions of the sub-contractors and persons employed by t them, as they are for acts and omissions of persons directly employed by the, as they are for acts and omissions of persons directly employed by them. 4 } Any work or service to be performed by a sub-contractor must have the prior approval of the City Project representative. The City reserves the right to approve, disapprove or dismiss any sub-contractors with reasonable cause. Rejection of any sub-contractor shall not entitle the I successful bidder adjustment of bid prices. CI The Contractor shall inform the City's Project representative prior to scheduling any sub-contractor's visit to any City facility. Failure by the Contractor to have a sub-contractor approved by the City will not relieve the Contractor of the responsibility to meet, comply with, and fulfill all of ti the terms and conditions of this solicitation and subsequent solicitations. C QUARTERLY REVIEW Quarterly reviews will be performed with the Contractor on the procedures, progress, and performance of the Town Square / City Facilities Maintenance Services Contract t f CHANGE ORDERS The contractor shall notify the Project Manager immediately with any changes or discrepancies to the project, and an email for a change order with pricing shall be submitted to the Project Manager within 48 hours (2 days). PERFORMANCE The Contractor shall perform and comply with all agreements, obligations and conditions contained in this agreement on an r as needed basis for projects as requested per each task order and mutually agreed upon performance measures and provisions contained in each task order. ;t The City's Representative during the performance of the Contract shall be Andrew Mack, Director of Public Works & Engineering, telephone (561) 742 — 6201; Email: MackA@bbfl.us. I The Contractor's Representative during the performance of the contract shall be Michael Houda, telephone 954-531-9341; Email michael.houda@abm.com. i i+ ARTICLE 2 —TERM I# 2.1 The initial term of the contract shall be for five (5) years effective upon date the contract is fully executed by all parties. The City of Boynton Beach Purchasing Manager in consultation with the Finance Director may extend the agreement at the r same terms, and conditions, for two (2) five-year renewals (exercised separately) subject to vendor acceptance, satisfactory performance as determined by the Purchasing Manager, and determination by the Purchasing Manager that renewal RFQ 009-2511-20/RW TOWN SQUARE/CITY FACILITIES MAINTENANCE SERVICES C-3 i rof 4 5 { i! i� t # will be in the best interest of the City. An increase in cost of less than 3% for each extension may be approved by the City administration and does not require i Commission approval. I ARTICLE 3 -TIME OF PERFORMANCE 3.1 Work under this Contract shall commence on written notice by the City to the Contract by way of a purchase order executed by the CITY. Contractor shall perform all services and provide all work product required pursuant to this Agreement within the time period set forth in the purchase order, unless an extension of time is granted in writing by the City. a ARTICLE 4 - PAYMENT 4.1 The City will pay the CONTRACTOR shall be paid by the City for performance I of the work performed under each solicitation, or task order that is completed fi in accordance with the solicitations, or task orders at the lump sum or unit prices presented by the CONTRACTOR and accepted by the City. a. Payment for the work provided by CONTRACTOR shall be made , promptly on all invoices submitted to the City properly, provided that ,R the total amount of payment to CONTRACTOR shall not exceed the total contract price without express written modification of the € i Agreement signed by the City Manager or her designee. I i b. The CONTRACTOR may submit invoices to the City once per month during the progress of the work for partial payment for project completed to date. Such invoices will be reviewed by the City, and upon approval thereof, payment will be made to the CONTRACTOR in the amount approved within thirty (30) days. I c. Final payment of any balance due the CONTRACTOR 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. r I d. Payment as provided in this section by the City shall be full j compensation for work performed, services rendered and for all materials, supplies, equipment and incidentals necessary to complete ` the work. e. The CONTRACTOR'S records and accounts pertaining to this agreement are to be kept available for inspection by representatives of the City and State for a period of three (3) years after the termination of the Agreement. Copies shall be made available upon request. i ARTICLE 5 - OWNERSHIP AND USE OF DOCUMENTS t RFQ 009-2511-20/RW TOWN SQUARE/CITY FACILITIES MAINTENANCE SERVICES C-4 3' 5 I 5.1 Upon completion of the project and final payment to Contractor, all documents, drawings, specifications and other materials produced by the Contractor in connection with the services rendered under this agreement shall be the property of the CITY whether the project for which they are made is executed or not. Notwithstanding the foregoing, the Contractor shall maintain the rights to reuse standard details and other design copies, including reproducible copies, of drawing and specifications for information, reference and use in connection with Contractor's endeavors. Any use of the documents for purposes other than as originally intended by this Agreement, without the written consent of Contractor, shall be at the City's sole risk and without liability to Contractor and Contractor's sub-contractor. ARTICLE 6 - F N INC` t 6.1 This Agreement shall remain in full force and effect only as long as the expenditures provided in the Agreement have been appropriated by the City in the annual budget for each fiscal year of this Agreement, and is subject to termination based on lack of funding. i ARTICLE 7 - WARRANTIES AND REPRESENTATIONS i 7.1 Contractor represents and warrants to the City that it is competent to engage in the scope of services contemplated under this Agreement and that it will retain and assign qualified professionals to all assigned services during the term of this Agreement. Contractor's services shall meet a standard of care for professional engineering, architectural and related services no less than the standard of care for engineering, architectural and construction professionals practicing under similar conditions. In submitting its response to the RFQ, Contractor has represented to CITY that certain individuals employed by Contractor shall provide services to CITY pursuant to this Agreement. CITY has relied upon such representations. Therefore, Contractor shall not change the designated Project Manager for any project without the advance written approval of the City, which consent may be withheld in the sole and absolute discretion of the City. Notwithstanding the E foregoing, with regard to equipment and goods manufactured by third parties, Contractor's sole obligations with regard to defects shall be to extend to CITY the benefits of any warranty Contractor has received from the manufacturer ' and to act on behalf of the CITY for purposes of processing any warranty claims against applicable manufacturers within a reasonable timeframe. Such obligation includes only administrative processing and not enforcement or E litigation and Contractor shall not be liable for the failure of any third party manufacturer warranties for any reason. ARTICLE 8 - COMPLIANCE WITH LAWS G j 1 8.1 Contractor shall, in performing the services contemplated by this service Agreement, faithfully observe and comply with all federal, state and local laws, ordinances and regulations that are applicable to the services to be rendered under this Agreement. I RFQ 009-2511-20/RW TOWN SQUARE/CITY FACILITIES MAINTENANCE SERVICES C-5 5 i'; i i ARTICLE 9 - INDEMNIFICATION 9.1 Contractor shall indemnify, defend and hold harmless the CITY, its offices, agents and employees, from and against any and all claims, losses or liability, or any portion thereof, including reasonable attorney's fees and costs, arising from injury or death to persons, including injuries, sickness, disease or death to Contractor's own employees, or damage to property Caused by a negligent act, omission or failure of the Contractor. Neither party to this Agreement shall t be liable to any third party claiming directly or through the other respective party, for any special, incidental, indirect or consequential damages of any kind, including but not limited to lost profits or use that my result from this n Agreement or out of the services or goods furnished hereunder. t ARTICLE 10 - INSURANCE 10.1 During the performance of the services under this Contract, Contractor shall maintain the following insurance policies and shall be written by an insurance J company authorized to do business in Florida. I 10.1.1 Worker's Compensation Insurance: The Contractor shall procure and maintain for the life of this Contract, Worker's Compensation Insurance covering all employees with limits meeting all applicable 1 state and federal laws. This coverage shall include Employer's Liability with limits meeting all applicable state and federal laws. This coverage must extend to any sub-contractor that does not have their j t own Worker's Compensation and Employer's Liability Insurance. The j policy must contain a waiver of subrogation in favor of the City of Boynton Beach, executed by the insurance company. I 10.1.2 Comprehensive General Liability: The Contractor shall procure and maintain for the life of this Contract, Comprehensive General Liability j Insurance. This coverage shall be on an "Occurrence" basis. i Coverage shall include Premises and Operations; Independent Contractors, Products Completed Operations and Contractual Liability with specific reference of Article 7, "Indemnification" of this Agreement. This policy shall provide coverage for death, personal injury or property damage that could arise directly or indirectly from the performance of this Agreement. 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 Contractor shall prohibit cancellation of the policy upon thirty (30) days prior written notice to the CITY. 10.1.3 Business Automobile Liability: The Contractor shall procure and t maintain, for the life of this Contract, Business Automobile Liability Insurance. The Contractor shall maintain a minimum amount of $1,000,000 combined single limit for bodily injury and property t RFQ 009-2511-20/RW TOWN SQUARE/CITY FACILITIES MAINTENANCE SERVICES C-6 Page-7,49 al 5 damage liability to protect the Contractor 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 F automobiles, whether such operations be by the Contractor or by anyone directly or indirectly employed by the Contractor . i 10.1.4 Professional Liability (Errors and Omissions) Insurance: The Contractor shall procure and maintain for the life of this Contract in the < minimum amount of$1,000,000 per occurrence. i 10.2 It shall be the responsibility of the contractor to ensure that all sub-contractors comply with the same insurance requirements referenced above. z 10.3 In the judgment of the CITY, prevailing conditions warrant the provision by the Contractor of additional liability insurance coverage or coverage which is different in kind, the City reserves the right to reasonably request the provision by Contractor of an amount of coverage different from the amounts or kind previously required and shall afford written notice of such requested change in requirements thirty (30) days prior to the date on which the requirements shall take effect. Should the parties fail to mutual agree to the C 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 J upon written notice to the Contractor, said termination taking effect on the date that the required change in policy coverage would otherwise take effect. 10.4 Contractor shall, for a period of two (2) years following the termination of the Agreement, maintain a "tail coverage" in an amount equal to that described above for Comprehensive Liability Insurance on a claim- made j, policy only. I ARTICLE 11 - INDEPENDENT CONTRACTOR 11.1 Contractor is an independent contractor with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither Contractor nor any employee of Contractor shall be entitled to any benefits accorded City employees by virtue of the services provided under this Agreement. The CITY shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial 1 insurance program, otherwise assuming the duties of an employer with respect to Contractor, or any employee of Contractor. ARTICLE 12 - COVENANT AGAINST CONTINGENT FEES 12.1 The Contractor warrants that he has not employed or retained any company or person, other than a bonafide employee working solely for the Contractor, to solicit or secure this Agreement, and that he has not paid or agreed to pay any company or person, other than a bonafide employee working solely for the Contractor, any fee, commission, percentage, brokerage fee, gifts, or any C RFQ 009-2511-20/RW TOWN SQUARE/CITY FACILITIES MAINTENANCE SERVICES C-7 5 i c other consideration contingent upon or resulting from the award or making of I this Agreement. For breach or violation of this warranty, the City shall have the right to annul this Agreement without liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. ARTICLE 13 —TRUTH-IN-NEGOTIATION CERTIFICATE 1 13.1 Execution of this Agreement by the Contractor shall act as the execution of a truth in-negotiation certificate certifying that the wage rates and costs used to determine the compensation provided for in this Agreement is accurate, j complete, and current as of the date of the Agreement and no higher than those charged the Contractor's most favored customer for the same or substantially similar service. f 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 p � 9 representations of fees paid to outside contractors. The City shall exercise its rights under this "Certificate" within one (1) year following payment. ARTICLE 14 - DISCRIMINATION PROHIBITED 14.1 The Contractor, with regard to the work performed by it under this Agreement, will not discriminate on the grounds of race, color, national origin, religion, { creed, age, sex or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. ARTICLE 15 - ASSIGNMENT 1 15.1 The Contractor shall not sublet or assign any of the services covered by this j Agreement without the express written consent of the CITY. ARTICLE 16 -NON-WAIVER I 16.1 A waiver by either CITY or Contractor of any breach of this Agreement shall j 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 4 rights with respect to any other or further breach. The making or acceptance i 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 17 — TERMINATION 'i 17.1 Termination for Convenience: This Agreement may be terminated by either party for convenience, upon thirty (30) days of written notice by the terminating party to the other party for such termination in which event the t Contractor shall be paid its compensation for services performed to termination date, including services reasonably related to termination. In the RFQ 009-2511-20/RW TOWN SQUARE/CITY FACILITIES MAINTENANCE SERVICES C-8 t 5 rt (i 1 (' event that the Contractor abandons the Agreement or causes it to be terminated, Contractor shall indemnify the CITY against loss pertaining to this termination. ARTICLE 18 - DISPUTES i i 18.1 Any dispute arising out of the terms or conditions of this Agreement shall be adjudicated within the courts of Florida. Further, this Agreement shall be construed under Florida Law. t ARTICLE 19 —UNCONTROLLABLE FORCES 19.1 Neither the CITY nor Contractor shall be considered to be in default of this Agreement if delays in or failure of performance shall be due to Uncontrollable Forces, the effect of which, by the exercise of reasonable diligence, the non-performing party could not avoid. The term "Uncontrollable Forces" shall mean any event which results in the prevention or delay of performance by a party of its obligations under this Agreement 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 governmental actions. 19.2 Neither party shall, however, be excused from performance if non- performance is due to forces which are preventable, removable, or remediable, and which the non-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 ti 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 Agreement. 4 } } ARTICLE 20 - blOTICES Notices to the City of Boynton Beach shall be sent to the following address: City of Boynton Beach Attn: Lori LaVerriere, City Manager 100 East Ocean Avenue Boynton Beach, FL 33435 1 Notices to Contractor shall be sent to the following address: c Firm Name: ABM Building Solutions, LLC. Attn: Chad Armstrong 3260 NW 23rd Ave., Suite 100E Pompano Beach, FL 33069 Tel: 954-531-9341 Fax: 813-361-0796 Email: chad.armstrong@abm.com RFQ 009-2511-20/RW TOWN SQUARE/CITY FACILITIES MAINTENANCE SERVICES C-9 Page ;z&2 5 l ti ARTICLE 21 - INTEGRATED AGREEMENT 21.1 This Agreement, together with the RFQ and any addenda and/or l attachments, represents the entire and integrated agreement between the CITY and the Contractor and supersedes all prior negotiations, representations, or agreements written or oral. This Agreement may be amended only by written instrument signed by both CITY and Contractor. t ARTICLE 22 -SOVEREIGN IMMUNITY 22.1 CITY is a political subdivision of the State of Florida and enjoys sovereign immunity. Nothing in the Agreement is intended, nor shall be construed or interpreted, to waive or modify the immunities and limitations on liability provided for in Section 768.28, Florida Statute, as may be emended from �t time to time, or any successor statute thereof. To the contrary, all terms and provisions contained in the Agreement, or any disagreement or dispute concerning it, shall be construed or resolved so as to insure City of the limitation from liability provided to any successor statute thereof. To the contrary, all terms and provision contained in the Agreement, or any disagreement or dispute concerning 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. 22.2 In connection with any litigation or other proceeding arising out of the Agreement, each 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 sovereign immunity, or extend City's liability beyond the limits established in Section 768.28, Florida Statutes, as amended. 1. Claims, disputes or other matters in question between the parties to this p q p Agreement arising out of or relating to this Agreement shall be in a court of law. The City does not consent to mediation or arbitration for any matter connected to this Agreement. E f 2. The parties agree that any action arising out of this Agreement shall take place in Palm Beach County, Florida. ' ARTICLE 23 —FORIDA'S PUBLIC RECORDS LAW i 23.1 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: 23.2 Keep and maintain public records required by the City to perform the service; 23.3 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 r Chapter 119, Florida Statue or as otherwise provided by law; RFQ 009-2511-20/RW TOWN SQUARE/CITY FACILITIES MAINTENANCE SERVICES C-10 I{ 23.4 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 provide copies of such confidential and exempt records remaining in its possession once the Contractor transfers the records in its possession to the City; and, 23.5 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 ` h 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. 23.6 IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 115, FLORIDA STATUTES, TO THECONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: 1 C CRYSTAL GIBSON, CITY CLERK 100 EAST OCEAN AVENUE BOYNTON BEACH, FLORIDA, 33435 561-742-6061 GIBSONg@Rg,FL.USI ARTICLE 24. SCRUTINIZED COMPANIES 287.135 and 215.473. 24.1 By execution of this Agreement, in accordance with the requirements of F.S. j 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 I contract. The City shall provide notice, in writing, to Contractor of the City's determination concerning the false certification. Contractor shall have five f (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 Agreement and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time. s RFQ 009-2511-20/RW TOWN SQUARE/CITY FACILITIES MAINTENANCE SERVICES C-11 5 I I Q i ' I "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 a 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 , 2020. i CITY OF BOYNTON BEACH ABM Building Solutions, LLC. I Lori LaVerrieiiwity Manager C , G al Manager li rIN 'M KWJJJ, I, Attest/Authenticated: � � � 7 1 'sa /d (Corporate Seal) Cit Jerk i i l Approved as to Form: Attest/Authenticated: i O c of the City Attorney itn s i 1 i I RFQ 009-2511-20/RW TOWN SQUARE/CITY FACILITIES MAINTENANCE SERVICES 5 C-10 C 5 } I i t, TTACMENT "A" j 4 SCOPE OF SERVICES 1. BACKGROUND t I� The City of Boynton Beach, located in Palm Beach County, Florida, is a full-service municipality serving a population of 75,000 citizens. The City currently operates and maintains municipal buildings at various locations within the c City's 16.5 square mile boundary. These include Police and Fire facilities, Recreation buildings, City Hall, and other City owned facilities. 2. OBJECTIVES l All services shall include all necessary labor charges, tools, fuel, equipment and materials delivered and installed in accordance with N.F.P.A, local and State regulations, ASHRE, OSHA and District Master Specifications 2.1 Ongoing Facilities Management: (i The City currently operates, maintains, and manages the Municipal Facilities and Grounds with a combination of City personnel and contractors. The selected Contractor will develop a comprehensive facilities management program to efficiently and cost effectively operate and a maintain all City Facilities, including routine, preventative and on-call facility maintenance and management services. The service contracts resulting from this RFQ will require the Contractor to provide all operations and maintenance staff and be responsible for the following: 2.1.1 Janitorial and Maintenance Staffing F The Contractor shall provide enough supervised staff for all aspects of facility to ala management, cleaning and maintenance, and for all costs including hiring, training, and st administering all personnel-related issues to complete the maintenance requirements at all City Facilities. Additionally, service levels shall provide the ability to respond immediately to situations involving the health and safety of employees or the public; E comfort and operational capability of any public meeting space. Contractor shall also provide a full-time Manager. 2.1.2 Vehicles „? Contractor shall furnish and maintain Contractor owned vehicles and light duty service trucks to carry on daily operations. Contractor shall also be responsible to provide fuel for these vehicles. 1 �u 2.1.3 Equipment } l#f Contractor shall be responsible for the acquisition, maintenance and repair of all hi equipment needed to perform the scope of work contracted by the City. � II! ftge�'�56 of 1055 y z 2.1.4 Supplies and Inventory Control fi J Contractor shall be required to assist the City with the procurement and inventory control s of all supplies and materials required to operate and maintain the municipal facilities and i grounds. Contractor shall be responsible for the safe storage of all materials and equipment. The Contractor will be required to provide a formal theft prevention plan. ii 2.1.5 Litter Control The Contractor shall retrieve and dispose of all litter and debris on a daily basis. This shall include constant monitoring of the grounds during the hours of operation and C disposing of all litter and debris as needed. 2.1.6 Electrical Systems Maintenance The Contractor shall provide highly skilled licensed labor capable of maintaining all i electrical systems Citywide. Will require a plan for annual: testing of all switch gear, infrared scans on all electrical components and generator load bank tests. Contractor shall provide a written PM program and provide performance reports. i 2.1.7 Heating-Ventilation-Air Conditioning (HVAC) Maintenance and Monitoring h HVAC services shall be provided without interruption throughout City Facilities. The i Contractor's maintenance and operations responsibility for HVAC service always 3 extends throughout all mechanical systems within the facilities and that heating ventilating or air conditioning service is required. All cleaning, testing, full-service maintenance shall be done at Contractor's sole cost and expense. 2.1.8 Landscape Maintenance li The Contractor will be responsible for all maintenance of the exterior grounds of the 1 facilities, including signage, landscaping, parking lot lightning and parking areas, the grass, mulch and shrubs must always be maintained and/or replaced to enhance the current landscaping theme. The Contractor will be responsible for providing all equipment necessary including but not limited to blowers, mowers, weed-eaters, rakes, shovels, and other equipment and supplies. The Contractor shall have a state pesticide license. Contractor shall also be responsible for performing monthly wet checks of f irrigation systems including routine repairs. 2.1.9 Other Facilities Services Contractor and City of Boynton Beach may agree to contract other facility-related service or product the Contractor feels might be beneficial to City h 2.2 Capital Improvements Planning, Management and Sustainability: The City intends that the selected Contractor will play a key role in both the development and management of the ongoing capital improvements planning and management process for the municipal facilities and grounds, including participation in the City's sustainability plan as it i relates to the City's facilities and grounds. If included, the Contractor will be required to guarantee the development and installation to perform to specific parameters in regard to the environment and the cost of operating the system, including: P%057 of 1055 s; i`' tis 2.2.1 Development Costs The Contractor will guarantee the cost of development and engineering services `I �t 2.2.2 Construction Costs t The Contractor will develop a firm maximum price for any capital or sustainability upgrades to be performed s 2.2.3 Performance of Systems The Contractor will develop performance parameters acceptable to the City and guarantee the performance of systems 1 2.2.4 Guaranteed Savings ;1 The Contractor will guarantee savings and perform measurement and verification to validate savings are achieved 1 2.2.5 Investment Grade Audit(IGA) Contractor will conduct an Investment Grade Audit (IGA) of City Facilities. This will include development of forward looking 15-year capital plans for non-routine repairs and equipment replacement that is required to maintain efficient operations. The IGA will also include development of various sustainability measures, including but not limited to water conservation and energy savings. If the Investment Grade Audit confirms that there are guaranteed savings to be t i achieved, the City will either compensate Contractor for the IGA or will enter into an agreement with Contractor to implement upgrades to increase energy efficiency and equipment reliability, in order to fund the necessary improvements in City facilities. 2.2.6 Financing The financial solution will be budget neutral for a term not to exceed 15 years, Contractor will suggest sources of funds in collaboration with the City. r 1 �f i r t i s u i I Ore 158 of 1055 Y ABM0 Building Value SCOPE OF WORK for LANDSCAPE AND TURF MAINTENANCE at THE CITY OF BOYNTON BEACH - QUANTUM PARK DISTRICT SEPTEMBER 15TH, 2020 I. LANDSCAPE MAINTENANCE PROGRAM A. Turf Care Specifications 1. General This comprehensive landscape and turf maintenance service plan is specifically designed for the City of Boynton Beach — Quantum Park District, hereinafter known as "Customer". ABM Landscape and Turf Services will be known as "Contractor". All areas shall be inspected weekly for adequacy and frequency of irrigation system, and other problems. Issues shall be properly addressed through timely communication upon discovery, if applicable to the contract scope. Customer shall be notified by the Contractor, of problems encountered so an expedited corrective action can be taken by all parties involved. Contractor shall not be responsible for Acts of God such as freeze, hail or heavy storm damage that would create unusual preparation, cleanup/disposal, pruning, or plant replacements in excess of the normal scope of service. In the event of a major storm (tropical storm and stronger), Customer can substitute regular maintenance hours (mowing and pruning) as replacement hours for storm clean up. This substitution will be at a 1:1 ratio. Example- do not mow this week and those hours will be used for clean-up. Any excessive debris that needs to be hauled away and dumped will be billed accordingly. Contractor shall conduct quarterly Quality Assurance inspections of each Service Area, and submit a copy of this report (QAR) to the Property Manager, with an action plan to correct any deficiencies. The schedule for Service Area QARs is as follows: ABMBundled Solutions Page 759 of 1055 ABM0 Building Value Q1 January Q2 April Q3 July Q4 October 2. Mowing a. Mowing of high maintenance turf areas shall be performed thirty-six (36) times per year. Weekly from approximately May 1St through October 31St (specific dates to be determined by calendar year). Every other week November, December, January, February, March and April. All mowing shall be performed with power lawn mowers of sufficient horsepower to leave a neat, clean appearance. b. Mowing height for St. Augustine turfgrass— 3" - 3 % ". Mowing height for Bahia turf areas — 3 - 4". which will be determine by human/pedestrian traffic and wear/tear. c. All clippings shall be blown off of all hard surfaces (sidewalks, curbs, paved areas, courtyards, etc.). d. Mower blades shall be kept sharp at all times to prevent the tearing of grass blades which encourages disease and poor aesthetics. e. Various mowing patterns shall be employed to insure the even distribution of clippings and to prevent ruts in the turf caused by mowing equipment. 3. Edging Contractor shall mechanically edge with a stick edger or push edger,all plant bed edges, curbs, sidewalks, streets, and tree rings to maintain a clean, crisp turf edge while maintaining the intent of the boundaries' hard surface lines and soft, edged lines of all planting areas. a. Edging shall be performed at the same mowing frequency for all hard edges: sidewalks, curbs, paved areas, courtyards, etc. as the mowing schedule. ABMBundled Solutions Page 760 of 1055 ABM0 Building Value b. Edging shall be performed at every other mowing service for all soft edges: plant beds, tree rings, etc. c. Edging equipment will be equipped with manufacturer's safety guards to deflect hazardous debris. String-trimming ("Weed-eater"-type) edging shall not be used. d. All hard surfaces shall be immediately swept or blown to maintain a clean, well groomed appearance. 4. Trimming a. Areas mutually agreed to be inaccessible to mowers shall be string- trimmed at the same height, the same day and the same frequency as mowing. 5. Debris Removal a. Areas littered in the mowing process(other than normal grass clippings) will be removed by hand or power blown, as conditions permit, collected and transported off site, including debris in planting beds. B. All Planting Beds, Shrubs, Ground Covers, Palm Trees and other Tree Care Specifications 1. Pruning a. Unless otherwise requested by Customer, all pruning and thinning will have the distinct objective of retaining the plant's natural shape and the original design intention. All trimming of hedges, shrubs and ornamental plants shall be performed twelve times (or as needed) per year depending on plant species. Cleaning out of all planting beds to remove unwanted weeds, leaves and grasses, small branches and other debris shall be performed during each pruning cycle. Pre- and post-emergent herbicides will also be used for the control of unwanted weed growth in bed and mulched areas. b. Pruning of all flowering shrubs shall be scheduled to prevent interference with flowering cycle season. c. Plants, hedges, shrubs and trees obstructing pedestrian or automobile traffic under 8' in height, shall be pruned monthly. ABMBundled Solutions Page 761 of 1055 ABM0 Building Value d. Contractor assumes no liability for consequential or inconsequential damages arising from plant obstructions, provided such obstructions are not a result of Contractor's negligence. 2. Tree Care a. Removal of dead limbs and branches from all trees less than 10' in height, shall occur continuously throughout the calendar year. No pruning shall be performed on live wood that would affect the fullness or intended character of the tree/s. b. Remove all sucker growth from the base of hardwood and ornamental trees on a regular and as needed basis. c. Remove any tree limbs which pose a threat to public safety(up to 10 '). d. Street Trees will be trimmed up to 10' in height to provide line of sight, vehicle clearance and pedestrian traffic flow. e. Larger hardwood trees can be trimmed based on a daily rate to utilize an Arbor Care company with aerial lift (bucket), box (chipper) truck, chipper and 3 man crew at Customers approval. f. Per diem rate of$2k per day. At CoBB discretion on days per month or year 3. Palm Pruning a. All palms not exceeding 16' shall be completely trimmed of seed heads/berries and/or brown/yellowing palm fronds, as these occurs throughout the year (at least 2x per year) with use of a pole saw from the ground. b. All palms over 16' in height shall be pruned based on a daily rate to utilize a Arbor Care company with aerial lift (bucket), box (chipper) truck, chipper and 3 man crew at Customers approval. C. Ornamental (example Lady Palms) palm pruning shall be performed as needed to present an aesthetically pleasing appearance. 4. Ground Covers ABMBundled Solutions Page 762 of 1055 ABM0 Building Value a. Ground covers will be confined to plant bed areas by manual, mechanical or chemical means, as environmental conditions permit. 5. Weed Control a. Open ground between plants, sidewalks, roads, driveways etc. shall be maintained in a condition of acceptable weed density by chemical means twelve (12) times per year, as environmental, horticultural and weather conditions permit. Where an herbicide treatment is not recommended, mechanical and/or manual removal of weeds shall be administered. Contractor agrees that no large weeds (more than 6"x6") shall be chemically sprayed and will only be pulled by hand. Contractor will provide a manicured appearance with minimal weed pressure and visuality. 6. Mulch Applications a. Deliver and install mulch where specified by the customer or client CoBB b. The applications will be at an average depth of 3 inches. Additional Shredded Mulch can be applied as necessary throughout the year if requested by Customer at an additional price. 7. Floriculture Program a. "Seasonal Color" —Annual and seasonal flowers are to be planted and spaced per recommendation of grower unless otherwise directed differently by the Customer. Quantities,varieties and locations shall be determined after meeting with the Customer to formulate a program. This will be an additional cost to the contract. b. Contractor shall schedule between two (2) and four (4) seasonal color rotations of four-inch flower pots per year at each rotation.If requested at an additional cost to the contract. C. Irrigation 1. Contractor will hire the current Irrigation Company for Quantum Park District or with Customer's approval perform monthly inspections of irrigation system via "Wet Checks". All irrigation deficiencies or problems ABMBundled Solutions Page 763 of 1055 ABM0 Building Value noted on property shall be provided via report to Client on a monthly basis. 2. All irrigation components damaged by Contractor's employees and/or equipment shall be repaired at Contractor's sole expense. 3. Contractor and/or it's subcontractor will provide labor to replace broken sprinklers and the repair of broken pipes up to 1" in diameter located in readily accessible areas (not under concrete and tree roots). Materials if needed and repairs over which is described above will be billed extra. Pump maintenance is not part of this scope of work and shall be provided by a separate Contractor. 4. This service includes the cleaning and adjusting of the sprinkler system as needed to continually improve the water coverage of the landscape and monitoring the time clocks and irrigation system for power outages, seasonal weather conditions and daylight time changes. D. Additional Services 1. Contractor shall provide services over and above the Contract Specifications/Scope with written authorization from Client only. 2. Customer understands there are sections of the property that have not been maintained to the level of this scope of work for many years. Examples are lake banks and interior areas along Quantum Blvd. Additional many hardwood trees, most notably along the walking path on Gateway Blvd., have not been kept elevated to standard heights for pedestrian and/or vehicle traffic. Both Customer and Contractor agrees that a separate "clean up" proposal(s) shall be provided and if agreeable this work completed prior to the start of routine scope of work tasks in areas that have not been maintained. II. PERSONNEL A. Contractor will provide all skilled/trained labor, transportation and supervision necessary to perform the work described herein. B. Personnel will be legal to work in the United States and the State of Florida C. Field personnel will be equipped with all supplies, tools, parts and equipment to perform work. ABMBundled Solutions Page 764 of 1055 ABM0 Building Value D. Personnel will be properly licensed for all applicable maintenance functions, including any pesticide application. E. Personnel shall wear clean uniform shirts and hats of consistent design and color, in order that they may be recognized personnel of Contractor while on site. Contractor's personnel shall comply with all OSHA dress code regulations, i.e. steel toed shoes, safety goggles, ear protection, etc. F. Contractor's personnel are perceived as representatives of the Customer while on property, and as such,will conduct themselves in an efficient, well mannered, well groomed and workmanlike manner at all times. G. Any damage caused bythe Contractor's personnel shall be repaired immediatelyat no cost to the Customer. H. The Contractor's Landscape Supervisor will be fluent in English and will have constant radio contact with the Contractor's Management personnel,as well as the office support staff. I. Scheduling/Safety Work will be coordinated with the Customer and scheduled to give the least possible interference to Customer's property and homeowners'. Sufficient warning devices will be employed,whenever necessary,to provide safety to persons and vehicular traffic. J. Drug Free Workplace and Background Checks Contractor will have in place a Drug Free Workplace policy as a condition of employment for its employees. Contractor shall also conduct criminal background checks as a precursor to hiring a new employee. COMPLETION OF WORK/LIQUIDATED DAMAGES: 1.1.The Contractor and City agree the rate set forth herein is a reasonable estimate of the amount of damages which the City will suffer in the event the Contractor does not timely complete the scope of work and/or perform to the technical specifications as outlined in the bid documents and contract. The Contractor and City agree these liquidated damages shall be assessed as damages, as provided in the Contract, and that they are not, and shall never be considered to be a penalty. 1.2.Liquidated damages due to the City may be deducted from payments due the Contractor, or may be collected from the Contractor or his Surety. These provisions for liquidated damages ABMBundled Solutions Page 765 of 1055 ABM0 Building Value shall not prevent the City, in case of the Contractor's default,from terminating the right of the Contractor to proceed as provided in the Contract. 1.3.Upon the occurrence of any failure to perform, the City shall notify the Contractor in writing of the nature of the failure and of City's intention to request corrective action(s), assess liquidated damages or either terminate the Contract. 1.4.Upon receipt of any such notice, Contractor, unless the notice requires otherwise: • Shall promptly make every reasonable effort to correct all items listed in the notice satisfactory to the City's requirements within one (1) calendar day; • Failure to correct all items within three (3) calendar days will result in damages being assessed as shown below under Section 1.5—Liquidated Damages: • Failure to correct for the same item three (3)times in a ninety(90) day period will automatically be grounds for termination of the contract. 1.5 Liquidated Damages—The Liquidate Damages shall be assessed as follows: Landscape Services(Including Porter) Service item % reduction in monthly payment • Missed/Noncompliant Mowing of Turf/Grass 3.29% per occurrence • Missed/Noncompliant Trimming/Pruning 5.26% per occurrence • Missed/Noncompliant Litter Control 1.32% per occurrence • Missed Wet Check 5.26% per occurrence • Missed/Noncompliant Edging/Line Trimming 3.29% per occurrence • Missed/Noncompliant Weed Control 1.32% per occurrence • Missed/Noncompliant Fertilization non payment • Missed/Noncompliant Mulch non payment ABMBundled Solutions Page 766 of 1055 ABM0 Building Value Pricing of Services for Quantum Park District Pricing for Monthly Landscape Services — ..... $6,750.00 Total Price for Year One of Contract ................. $81,000.00 Pricing for Monthly Irrigation Services (through Apache Irrigation — ABM will manage this contract - specifications on page 6. Monthly Price ..................................................... $1,000.00 Total Price for Year One of Contract ................. $12,000.00 Daily Pricing for Palm Pruning (over 16') and Large Hardwood Tree Pruning (over 10') — Service to Include — Bucket/Box Truck with Chipper and 3 Man Crew. The Cost of MOT (if necessary) and Dump Fees are Additional. Daily Rate ..................................................... $2,000.00 ABMBundled Solutions Page 767 of 1055 7.J. Consent Bids and Purchases over $100,000 9/15/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 9/15/2020 Requested Action by Commission: Approve the piggyback of the agreement between the City of Plantation and Allied Universal Corporation for Sodium Hypochlorite and authorize the City Manager to sign an agreement letter with Allied Universal for the period of October 20, 2020 to October 20, 2021. Explanation of Request: On September 20, 2016, City Commission authorized a piggyback of the City of Plantation's Bid No. 016-16 for the supply and delivery of sodium hypochlorite with Allied Universal Corporation. The contract was for a one year term. The contract allowed for four additional one-year renewal terms with the same price, terms and conditions. This renewal term is the last renewal and Allied Universal has requested a $.01/gallon increase. The City of Plantation has extended the agreement until October 20, 2021 and has approved Allied's pricing increase from$.518 per gallon to $.528 per gallon. How will this affect city programs or services? Water quality is of critical importance to the Utilities Department. Reduced or no chlorine usage would pose great risks to public health and would prevent the water treatment plants from meeting regulatory water quality standards Fiscal Impact: Budgeted Account#401-2811-536-52-28 Alternatives: The City could issue a bid for sodium hypochlorite but staff recommends piggybacking the bid for the City of Plantation since the pricing is much lower than the previous PBC piggyback. Strategic Plan: Strategic Plan Application: Climate Action: No Climate Action Discussion: Is this a grant? No Grant Amount: Contracts Vendor Name: ALLIED UNIVERSAL CORPORATION Page 768 of 1055 Start Date: 10/20/2020 End Date: 10/21/2021 Contract Value: $300,000 Annual Estimate Minority Owned Contractor?: No Extension Available?: No Extension Explanation: ATTACHMENTS: Type Description D Addendum Piggyback contract with Allied 10-2020 D Addendum Executed Amendment No. 4 (1) ® Plantation Page 769 of 1055 �L.ss£$ 3901 NW 115 Aventie AALLIED Miami,Flot•ida 33178 305-888-2623 office 305-463-83159 fax NKRSAI.CORPORATION Established 1954 August 28,2020 City of Boynton Beach Randy Wood 3301 Quantum Blvd. Boynton Beach, FL 33426 Phone: (561)742-6318 Email: woodi(r+,bbfl.us Fie: Bid#ITB No.016-16 Sodium Hypochlorite, Liquid Dear Mr Wood: Please use this letter as confirmation that Allied Universal Corporation will offer the City of Boynton Beach a piggyback agreement on City of Plantation, BID# ITB No. 016-16 for Sodium Hypochlorite, with pricing listed below. Sodium Hypochlorite/Bulk $0.528(Full &Partial Truckloads) The term of this "piggyback" agreement is from October 20, 2620 to October 20, 2021 during which the City of Boynton Beach agrees to purchase from Allied Universal Corporation all the City of Boynton Beach's Sodium Hypochlorite requirements for: Estimated volume 535,000 gallons. If you agree with this offer along with the terms and conditions as stated on the original bid, and wish to be included in this Bid contract please signify by signing this letter and returning by September 15, 2020 by fax to (305)463-8369 or email to bidsp_allieduniversal.com We look forward to hearing from you. Respectfully, ALLIED UNIVERSAL CORPORATION CITY OF BOYNTON BEACH (AL J. Palmer, President—CEO Title: Date: cc: Car os C. Fernandez,VP of Sales R. Fernandez, Sales Representative S. Moros, Bid Coordinator 3901 NW 115 Avenue 9501 Rangeline Road 30 Neil Gunn Drive 5215 W.Tyson Avenue Miami,Florida 33178 Ft.Pierce,Florida 34987 Ellisville,MS 39437 Tampa,Florida 33611 305-888-2623 772-464-6195 601.477-2550 &13-832-4868 8350 NW 115 Avenue 204 SCM Road 2100 Port Road Page 770 of 1055 AGREEMENT AMENDMENT CONTRACT TITLE:Contract No.016-16;Supply and Delivery of Sodium Hypochlorite AMENDMENT NUMBER:4 This Amendment("Amendment"),effective as of October 21,2020,to the Supply and Delivery of Sodium Hypochlorite agreement between the City of Plantation"CITY",and Allied Universal Corp"CONTRACTOR". WHEREAS,during the July 13,2016 City Council Meeting,Consent Agenda Item No.7 the City of Plantation- City Council approved the execution of an agreement between the CITY and CONTRACTOR pursuant to ITB No.016-16; WHEREAS,on August 1,2016 the CITY and CONTRACTOR entered an agreement for Supply and Delivery of Sodium Hypochlorite further defined in the executed agreement; WHEREAS,the initial term of this agreement was for one(1)year from October 20,2016; WHEREAS,the CITY has an option to renew this agreement for four(4)additional one(1)year periods,under same terms conditions and specifications contingent upon Budget approval; WHEREAS,the CITY has executed and exercised three(3)of the four(4)one-(1-)year renewal options; WHEREAS,the City has determined that CONTRACTOR has performed in accordance with requirements of the agreement and desires to exercise/execute the forth(last)of four(4)one-(1-)year renewal options with a$0.01 (+/-2%)per gallon price increase due to increased expenses relative to this commodity production and delivery based market changes. WHEREAS,The CITY and CONTRACTOR agree to the following terms and conditions and expressly agree that if any of the following terms and conditions conflict with any of the terms and conditions of the Agreement,then, notwithstanding any term in the Agreement,the following terms and conditions govern and control the rights and obligations of the CITY and CONTRACTOR. NOW,THEREFORE,in consideration of the mutual promises and covenants contained herein,CITY and CONTRACTOR agree as follows: Words in stFikethfeu type are deletions from existing agreement.Words in bold underlined type are additions to existing agreement. 1. Agreement Expiration date is hereby changed from October 20,2020 to October 20,2021 2. All terms,conditions,specifications,insurance requirements-including performance bond requirements(if any), pricing,and any associated amendments shall remain in full force and effect during the renewal period. 3. Pricing is hereby changed from: • $0.518/per gallon Tanker Load to x;0.528/per gallon Tanker Load • $0.518/per gallon Tanker Load is 5,000 gallons(split between two of Plantation Locations)to$0.528/per gallon Tanker Load is 5000 gallons(split between two of Plantation Locations All prices shall remain firm/fixed during this renewal period. ALL OTHER TERMS AND CONDITIONS OF THE ORIGINAL AGREEMENT SHALL REMAIN IN FULL FORCE AND EFFECT. THIS AMENDMENT,consisting of 2 page(s)and is executed by the persons signing below who warrant that they have the authority to execute this Amendment under the original agreement. Contract No. 016-16; Supply and Delivery of Sodium Hypochlorite Page 771 of 1055 OFFICE OF THE MAYOR CITY COUNCIL Lynn Stoner Nick Sortal,President Mayor Denise Horland, President Pro Tem Erik Anderson FINANCIAL SERVICES Ron Jacobs Otis J.Thomas,CPPB, FCCM MmMdon Director the EFS is greener* THIS AMENDMENT,consisting of 2 page(s)and is executed by the persons signing below who warrant that they have the authority to execute this Amendment under the original agreement. IN WITNESS WHEREOF,the CITY and the CONTRACTOR have signed the Amendment. CONTRACTOR: CM: Allied Universal Corp City of Plantation a Florida Corporation UtL e�� ) t-%4-r5X Sigrm Si gnmure Prurt Name and Title Prini Name and Title Date Date 2 Contract No.016-16;Supply and Delivery of Sodium Hypochlorite Page 772 of 1055 ALLIUNI-01 SSIMEON 14 ® DATE(MM/DDIYYYY) CERTIFICATE OF LIABILITY INSURANCE 7/28/2020 .a THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). - C(�NTACT _w PRODUCER NRM : Collinsworth,Alter,Fowler&French,LLC 'PHONE 'FAX 8000 Governors Square Blvd (AIC,No,ExtI:(305)822-7800 (AIC No):(305)362-2443 Suite 301 n6D Miami Lakes,FL 33016 INSURER(S),AFFORDING COVERAGE _ NAIL# INSURER_A:Nautilus Ins Coir n e 17370 INSURED INSURER B:Great_Divide Insurance Co 25224 Allied Universal Corp. __INSURER_C: 3901 NW 115 Avenue INSURER D: Miami,FL 33178 — INSURERE: : __ ... ....... ........— INSURERF: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR 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. INSRI ADDLSUBRI TPOLICYEFF I POLICY EXP ------- A_TRTYPE OF INSURANCE INSD WVD 1 POLICY NUMBERLIMITS .... ..- 4tAM7p[}lYYYY' PMP#Sf Y .j.- - A COMMERCIAL GENERAL LIABILITY ( 7 1,000,000 _.�...... EACH OCCURRENCE _$ X-1 CLAIMS-MADE ❑OCCUR X ( X GLP202370312 8131/2019 8/31/2020 DAMAGE TOREN�TuEED � 1,000,000 ( X . Retro Date 1/12/88 MED EXP)Ane{one person 25,000 ---- PERSONAL 8"ADV INJURY 1,000,000.. GEN'LAGGREGATE LIMITAPPLIES PER: (GENERAL AGGREGATE (J 3,000,000. POLICY PRO- ® LOC 3,000,000 JECT ( .PRODUCTS-COMP/OP AGG S, 1 .. _._ OTHER: w.....W B I AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 ....... 1 ... X ANY AUTO X X BAP202370412 8/31I2019 8/31/2020 BODILY INJURY IPererson $ OWNED _- SCHEDULED AUTOS ONLY -AUTOS BODILY INJURY Per accident) $ ." X ! HIRED X ( NON-,SWNED PR�OPERTY t AMAGE AUTOS ONLY �.._._'AUTOS ONLY �Peraccidentl... $ ...A ....... . ._................_...,,,i...W....._ UMBRELLA LIAB X OCCUR EACH OCCURRENCE 4,ODO,OOD )_ $ X ( EXCESS LIAB CLAIMS-MADE, ,FFX202370612 8/3112019 8/31/2020 -- 4,000,000'.. .......... _._....._.. (AGGREGATE_ DED RETENTION$ �WORKERS COMPENSATION 7 PER µ OTf � AND EMPLOYERS LIABILITYL YIN ANY PROPRIETOR/PARTNER/EXECUTIVE W (E.L,EACH ACCIDENT _ FFICER/MEMBER EXCLUDED? N 1 A Mandatory In NH) If yes,describe under E.L.DISEASE_-EA EMPLOYES s DESCRIPTION OF OPERATIONS below j E.L.DISEASE-POLICY LIMIT —k-Pollution Liability 'SSP202370512 8131/2019 8/31/2020 Ech Poll Condition— 1,000,000 A !Poll Retro 8121195 ISSP202370512 8131/2019 8/31/2020 Total Aggregate 3,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) "'Pollution Self Insured Retention$50,000.per pollution condition City of Plantation is included as additional insured with respect to general liability and auto liability when required by written contract. Waiver of subrogation applies in favor of the additional insured with respect to general liability and auto liability where permissible by state law and when required by written contract. 30 day notice of cancellation except 10 days for non-payment of premium subject to policy terms and conditions. CERTIFICATE HOLDER= _ CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Ci of Plantation THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City ACCORDANCE WITH THE POLICY PROVISIONS. 400 NW 73rd Avenue Plantation,FL 33317 -- AUTHORIZED REPRESENTATIVE ACORD 25(2016103) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Page 773 of 1055 AC CERTIFICATE F LIABILITY INSURANCE DATE(MMIDD/YYYY) 6/25/2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(les)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). - 'PRODUCER CO TACT NAME: Sandra Andrade Arthur J. Gallagher Risk Management Services, Inc. PHONEFAX 200 S. Orange Avenue WCC NQr ,I);407-370-2320 IA/cr Not:407-370 3057 Orlando FL 32801 ADDRESS: Sandra Sierra t aj9.com INSURERS)AFFORDING COVERAGE MAIC# INSURER A:National Union Fire Insurance Company of Pittsburg 19445 INSURED - ALLIUNI-03 INSURER B: Allied Universal Corporation - - -- 3901 NW 115th Ave INSURER c: - - Miami, FL 33178 INSURER D: INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER:2090656566 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 ---- ADDL SUBR ---- ___-- -POLICY EFF POLICY EXP ---- ---- ---- - LTR TYPE OF INSURANCE POLICY NUMBER MMIDD/YYYYI IMMIDD/YYYY LIMITS -- --_1111. - COMMERCIALGENERAL LIABILITY - EACH OCCURRENCE $ CLAIMS-MADEOCCUR DAMAGE TO RENTED -- - PREMISES JEa occurrence) $ _ MED EXP(Any one person) $ 1111... ........_. PERSONAL&ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY❑JEa F7LOC PRODUCTS-COM P/OPAGG $ --- OTHER: $ --- -_-. AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ [Ea accidents ANY AUTO BODILY INJURY(Per person) $ --- ---- OWNED SCHEDULED BODILY I 11 N 11 JURYw a 11 ent $Per id AUTOS ONLY _. AUTOS ( ) _ HIRED - NON-OWNED PROPERTY DAMAGE -- AUTOS ONLY AUTOS ONLY Per accident;_, _,,,,,, $ UMBRELLA LIAB OCCUR EACH OCCURRENCE _ $ EXCESS LIAR CLAIMS-MADE. AGGREGATE $ DED RETENTION$_ _-- __-- ........ 1111... 1111 $ -1111.. 1111._ 1111.. A WORKERS COMPENSATION Y 039326857 6/30/2020 6/30/2021 'X j STATUTE 8.A. PUBLIC HEARING 9/15/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 9/15/2020 Requested Action by Commission: Proposed Ordinance No. 20-015 Second Reading -Approve amendments to the Comprehensive Plan Utilities Element to include an update to the 10-year Water Supply Facilities Work Plan. Explanation of Request: The State Legislature requires each local government to adopt a 10-Year Water Supply Facilities Work Plan (the Work Plan) into its Comprehensive Plan. The local plans must be based on the latest relevant Regional Water Supply Plan which, in the City of Boynton Beach's case, is the Lower East Coast (LEC) Water Supply Plan, prepared by the South Florida Water Management District (SFW MD). The 2018 LEC's Work Plan was adopted on January 11, 2019. The state regulations require local governments to update their 10-year plans within 18 months after their respective regional water supply plan is approved. The City hired CDM Smith Inc. (the Consultant) to provide the professional engineering services to review and update the Work Plan and ensure its consistency with the LEC's Water Supply Plan Update. The Consultant worked with the City and the SFW MD staff to complete the task. On May 19, 2020 the City Commssion approved the proposed Comprehensive Plan te)d amendments for transmittal to the Florida Department of Economic Opportunity and other required agencies for their review and comment. This review is now complete. In response to comments from the SFWMD, the City has amended two (2) policies of the Utilities Element for consistency with the Work Plan, and added concurrency policies to the latter. How will this affect city programs or services? Updates to programs per the Plan Fiscal Impact: Updates to Capital Improvements Plan as described Alternatives: None recommended Strategic Plan: Strategic Plan Application: N/A Climate Action: No Climate Action Discussion: N/A Page 775 of 1055 Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Ordinance Ordinance approving Comprehensive Plan Text Amendments (Second Reading) D Addendum Staff Report D Exhibit 10-year Water Supply Facilities Work Plan D Exhibit Utilities Element Page 776 of 1055 I ORDINANCE NO. 20- 015 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, 4 FLORIDA APPROVING AMENDMENTS TO THE 5 COMPREHENSIVE PLAN UTILITIES ELEMENT TO 6 INCLUDE AN UPDATE TO THE 10-YEAR WATER 7 SUPPLY FACILITIES WORK PLAN; PROVIDING FOR 8 CONFLICTS, SEVERABILITY, CODIFICATION AND AN 9 EFFECTIVE DATE. 10 I WHEREAS, pursuant to Florida Statutes 163.3177, local government must update its 12 10-year water supply plans within 18 months after regional water management districts approve 13 an updated regional water supply plan; and 14 WHEREAS, on January 11, 2019, the governing board of the South Florida Water 15 Management District approved the 2018 Lower East Coast Water Supply Plan Update; and 16 WHEREAS, the approval of the update to the City's 10-Year Water Supply Facilities 17 Work Plan should take place in July, though, due to unforeseen circumstances, some delay is 18 possible. 19 NOW THEREFORE,BE IT ORDAINED BY THE CITY COMMISSION OF THE 20 CITY OF BOYNTON BEACH, FLORIDA, THAT: 21 Section 1. The foregoing "Whereas" clauses are true and correct and incorporated 22 herein by this reference. 23 Section 2. The City Commission of the City of Boynton Beach, Florida, hereby 24 adopts the Comprehensive Plan Amendments based on the 10-year Water Supply Facilities Work 25 Plan, prepared for the City of Boynton Beach, dated April, 2020, a copy of which is attached 26 hereto as Exhibit"A". 27 Section 3. All laws and ordinances in conflict with any provisions of this ordinance - 1 - S:ACA\Ordinances\Comp Plan Utilities Element(10-Year Water Supply Facilities Work Plan)(2020)(2nd Read)- Reso.Docx Page 777 of 1055 28 are hereby repealed. 29 Section 4. Should any section or provision of this Ordinance or any portion thereof 30 be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the 31 remainder of this Ordinance. 32 Section 5. This Ordinance shall become effective immediately upon passage. 33 FIRST READING this 19th day of May, 2020. 34 SECOND, FINAL READING AND PASSAGE this 22nd day of September, 2020. 35 CITY OF BOYNTON BEACH, FLORIDA 36 37 YES NO 38 39 Mayor— Steven B. Grant 40 41 Vice Mayor—Ty Penserga 42 43 Commissioner—Justin Katz 44 45 Commissioner—Woodrow L. Hay 46 47 Commissioner— Christina L. Romelus 48 49 50 VOTE 51 ATTEST: 52 53 54 55 Crystal Gibson, MMC 56 City Clerk 57 58 59 (Corporate Seal) -2— S:ACA\Ordinances\Comp Plan Utilities Element(10-Year Water Supply Facilities Work Plan)(2020)(2nd Read)- Reso.Docx Page 778 of 1055 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 20-012 STAFF REPORT TO: Chairman and Members Planning and Development Board FROM: Hanna Matras Senior Planner THRU: Ed Breese Planning and Zoning Administrator DATE: August 21, 2020 PROJECT NAME/NO: Comprehensive Plan Text Amendments: 10-Year Water Supply Facilities Work Plan Update (CPTA 20-012) REQUEST: Approve amendments to the Comprehensive Plan Utilities Element to include an update to the 10-year Water Supply Facilities Work Plan. BACKGROUND All amendments to adopted Comprehensive Plan policies are considered text amendments, subject to the Expedited State Review Process per provisions of Chapter 163.3184(3) and (5), Florida Statutes, adopted by the 2011 legislation. In May, the Commission transmitted the proposed amendments to the Utilities Element to the Florida Department of Economic Opportunity (DEO), for their review and comment. This review is now complete. In response to comments from the SFWMD, the City has amended two (2) policies of the Utilities Element for consistency with the Work Plan, and added concurrency policies to the latter. UPDATE OF THE 10-YEAR WATER SUPPLY FACILITIES WORK PLAN In 2002, the State Legislature expanded the comprehensive plan requirements to strengthen coordination of water supply planning and local land use planning. The most significant requirement was that each local government had to adopt a local 10-Year Water Supply Facilities Work Plan (the Work Plan) into its Comprehensive Plan. These local 10-year plans are required to be based on the latest relevant Regional Water Supply Page 779 of 1055 Plan. In the City of Boynton Beach's case, the regional plan is the Lower East Coast (LEC) Water Supply Plan, prepared by the South Florida Water Management District. The first City's Work Plan was completed and incorporated into the Potable Water Sub- Element of the Utilities Element of the Comprehensive Plan in 2008; the Plan was subsequently updated in 2015. As per 163.3177, Florida Statutes, the local governments must update their 10-year plans within 18 months after regional water management districts approve an updated regional water supply plan. The Governing Board of the South Florida Water Management district approved the 2018 LEC Water Supply Plan Update on January 11, 2019. THE UPDATE The City hired CDM Smith Inc. (the Consultant) to provide the professional engineering services to review and update the Work Plan and ensure its consistency with the 2019 Lower East Coast (LEC) Water Supply Plan Update. The Consultant's task was to identify and document the utility's existing water supply facilities for which the City is responsible: wells, facilities used to withdraw water from its source, transmission facilities, treatment facilities, storage facilities, the major transmission mains (12-inch diameter and larger) and the locations and sizes of interconnections with other utilities. The Consultant used population projections to estimate future demands and identify any areas of capital expansion required to meet the projected demands over the planning period. Specifically, the Plan had the following objectives: • Identify population and water demands of the City for the planning period of 2020 to 2040; • Present existing and planned potable and reclaimed water facilities that will be utilized to meet demand projections. • Identify sources of raw water needed for potable water supply to meet demands through the year 2040. • Identify additional potable and/or reclaimed water supply initiatives • Describe the conservation practices and regulations utilized by the City to meet water supply demand. Expanding the potable water demand during the period under consideration are several communities added to the City's service area. They include the Town of Hypoluxo and three (3) mobile home parks: Tropical Breeze, Parry Village and Royal Manor (nka Sea Meadow). According to the projections incorporated into the LEC Water Supply Plan Update, the population of the service area will grow from 113,090 in the year 2020 to 134,809 in 2040. Page 780 of 1055 The Plan provides a list of projects included in the City's Capital Improvements Program (CIP) that will be implemented during the next five (5) years to meet the growing demand. The projects will improve existing infrastructure to enhance the system's efficiency, contribute to the diversification of the City's sources of water, and reduce dependency on the surficial aquifer. RECOMMENDATION The text amendments update of the 10-Year Water Supply Facilities Work Plan—a part of the Utilities Element of the City's Comprehensive Plan—has been found to be in compliance with regulations of Chapter 163.3177, Florida Statutes. Therefore, staff recommends that the City Commission, acting in its capacity as the Local Planning Agency, approve the amendments. ATTACHMENTS S:\Planning\SHARED\WP\SPECPROJ\Comp Plan Text Amendments\Water Plan Update amendments 2015\CPTA 20-001 10-Year Water Facility Plan Staff Report 8-21-20.docx Page 781 of 1055 FINAL REP RT 10-Year Water Supply Facilities Work Plan Update Report City of Boynton Beach Boynton Beach, Florida August 2020 IdIft EG;D M, smith Page 782 of 1055 Page 783 of 1055 Table of Contents Section1 Introduction .....................................................................................................1-1 Section 2 Background Information...................................................................................2-1 2.1 Overview......................................................................................................................................................................2-1 2.2 Regional Issues..........................................................................................................................................................2-1 Section 3 Existing Water Supply Facilities ........................................................................3-1 3.1 Service Area Boundaries........................................................................................................................................3-1 3.1.1 Potable Service Area Boundary............................................................................................................3-1 3.1.2 Reclaimed Water Service Area Boundary........................................................................................3-1 3.1.3 Self-Supplied Systems...............................................................................................................................3-1 3.2 Water Supply Sources.............................................................................................................................................3-4 3.2.1 Surficial Aquifer System Wellfields.....................................................................................................3-4 3.2.2 Aquifer Storage and Recovery...............................................................................................................3-4 3.2.3 Floridan Aquifer System Wells..............................................................................................................3-4 3.2.4 Reclaimed Water.........................................................................................................................................3-6 3.2.5 Bulk User Agreements..............................................................................................................................3-6 3.3 Water Treatment Facilities...................................................................................................................................3-7 3.3.1 East Water Treatment Plant...................................................................................................................3-7 3.3.2 West Water Treatment Plant.................................................................................................................3-8 3.4 Water Storage...........................................................................................................................................................3-11 3.5 Water Distribution.................................................................................................................................................3-11 3.5.1 Water Distribution System...................................................................................................................3-11 3.5.2 Interconnections.......................................................................................................................................3-13 Section 4 Population and Water Demand Projections.......................................................4-1 4.1 Historical Population Information....................................................................................................................4-1 4.2 Projected Population for Potable Water Service Area..............................................................................4-1 4.3 Historical Water Use................................................................................................................................................4-2 4.4 Water Demand Projections..................................................................................................................................4-2 4.4.1 Water Demands for Existing Service Area.......................................................................................4-2 4.4.2 Additional Water Demands....................................................................................................................4-5 4.4.3 Water Demands for Proposed Service Area....................................................................................4-5 Section 5 Water Demand-Supply Analysis .......................................................................5-1 Section 6 Water Conservation .........................................................................................6-1 Section 7 Water Supply Projects ......................................................................................7-1 Section 8 Goals and Objectives ........................................................................................8-1 Smith i ©CDM Smith 2020 361790-241252.03.12 Page 784 of 1055 10-Year Water Supply Facilities Work Plan Update Report• Table of Contents List of Figures Figure 2-1 City of Boynton Beach City Boundaries and Potable Water Service Area ........................2-2 Figure 3-1 Existing and Proposed Reclaimed Water Distribution System..............................................3-2 Figure 3-2 Location of Self-Supplied Communities...........................................................................................3-3 Figure 3-3 East Water Treatment Plant..................................................................................................................3-9 Figure 3-4 West Water Treatment Plant.............................................................................................................3-10 Figure 3-5 Existing Water Distribution System................................................................................................3-12 Figure 4-1 Future Potable Water Service Areas..................................................................................................4-7 List of Tables Table 3-1 Construction Data and Status of Surficial Aquifer Production Wells,City of Boynton BeachEastern Wellfield.................................................................................................................................................3-5 Table 3-2 Construction Data and Status of Surficial Aquifer Production Wells,City of Boynton BeachWestern Wellfield...............................................................................................................................................3-6 Table 3-3 Status of Aquifer Storage and Recovery Wells and Floridan Aquifer System Wells.......3-6 Table 3-4 Aquifer Storage and Recovery Well Information ..........................................................................3-6 Table 3-5 Locations of Interconnections with Other Entities....................................................................3-13 Table 4-1 City's Historical Population ....................................................................................................................4-1 Table 4-2 Projected Population for City's Potable Water Service Area....................................................4-1 Table4-3 Historical Water Use...................................................................................................................................4-2 Table 4-4 Water Supply Demand Projections for City's Current Service Area(based on AverageDaily Demand).................................................................................................................................................4-4 Table 4-5 Water Supply Demand Projections for City's Current Service Area (based on MaximumDaily Demand).............................................................................................................................................4-4 Table 4-6 Additional Potable Water Demands met by the City of Boynton Beach...............................4-5 Table 4-7 Water Supply Demand Projections for City's Proposed Service Area (based on AverageDaily Demand).................................................................................................................................................4-8 Table 4-8 Water Supply Demand Projections for City's Proposed Service Area (based on MaximumDaily Demand).............................................................................................................................................4-8 Table 5-1 Summary of Raw Water Demand and Supply Projections (using ADD)..............................5-1 Table 5-2 Summary of Raw Water Demand and Supply Projections (using MDD).............................5-1 Table 6-1 Proposed Rates for Year 2021...............................................................................................................6-3 Table 7-1 Summary of East Wellfield Upgrade Projects..................................................................................7-1 Table 7-2 Summary of Remote Storage and Pumping Facility Project......................................................7-2 Table 7-3 Summary of New SAS Production Wells Project............................................................................7-2 Table 7-4 Summary of Reuse Distribution System Project............................................................................7-2 Appendices Appendix A- SFWMD CUP Revision Appendix B -Interlocal Agreement between Palm Beach County and City of Boynton Beach Appendix C- 10-Year Capital Improvement Program Smith ©CDM Smith 2020 361790-241252.03.12 I I Page 785 of 1055 Section 1 Introduction The purpose of the City of Boynton Beach Water Supply Facilities Work Plan is to identify and plan for the water supply sources and facilities needed to serve existing and new development within the City's utility service area. Chapter 163, Part II, Florida Statutes requires the local government to prepare and adopt Work Plans into their comprehensive plans within 18 months after the South Florida Water Management District(SFWMD) approves its updated regional water supply plan.The 2018 Lower East Coast(LEC)Water Supply Plan Update, for the 2016- 2040 planning period,was approved by SFWMD on January 14, 2019. This 10-Year Water Supply Facilities Work Plan Update for the City of Boynton Beach has the following objectives: ■ Identify population and water demands of the City for the planning period of 2020 to 2040. ■ Present existing and planned potable and reclaimed water facilities that will be utilized to meet demand projections. ■ Identify sources of raw water needed for potable water supply to meet demands through the year 2040. ■ Identify additional potable and/or reclaimed water supply initiatives. ■ Describe the conservation practices and regulations utilized by the City to meet water supply demand. Smith 1-1 ©CDM Smith 2020 361790-241252.03.12 Page 786 of 1055 Page 787 of 1055 Section 2 Background Information Included in this section is a brief overview of the City of Boynton Beach,including information on regional water supply issues. 2.1 Overview The City of Boynton Beach has grown steadily, and the City is the third largest municipality in Palm Beach County with a population that has risen to a present number of approximately 78,000 residents. According to the United States Census Bureau,in 2010,the population per square mile was 4,217 and total land area was 16.1 square miles.The approximate boundaries are Hypoluxo Road to the north,the Lake Worth Drainage District(LWDD) L-30 to the south,the LWDD E-3 Canal to the west and the Intracoastal Waterway to the east. Figure 2-1 provides a depiction of the City's utility service area boundaries. Boynton Beach Utilities provides drinking water services and wastewater services for approximately 112,000 customers in Boynton Beach,some areas of unincorporated Palm Beach County, neighboring municipalities such as Town of Briny Breezes,Town of Ocean Ridge,and parts of the Village of Hypoluxo. 2.2 Regional Issues According to the 2018 SFWMD LEC Plan Update,various regional water supply issues continue to influence water supply planning efforts such as: ■ Increased withdrawals from the Surficial Aquifer System (SAS) are limited.This limitation is due to potential impacts on the regional system,wetlands and existing legal water uses.Also,this limitation is related to the potential for saltwater intrusion. • The City of Boynton Beach has a Consumptive Use Permit(No. 50-00499-W) valid through December 2029. The City continues to expand the reclaimed water program in an effort to lower water consumption and maintain withdrawals within the permitted allocation. • The Utilities Element of the City's Comprehensive Plan includes the following objective: Objective 3.D.1 The City of Boynton Beach will protect and maintain the functions of natural groundwater aquifer recharge areas. • Six(6) policies were created to support this objective and include: cooperating with Palm Beach County to enforce the Wellfield Protection Ordinance; designating areas having the greatest recharge potential as low impact development or as conservation areas in the City's future land use plan; cooperating with other local governments to protect areas with the greatest recharge potentials that extend Smith 2-1 ©CDM Smith 2020 361790-241252.03.12 Page 788 of 1055 Section 2 s Background Information Legend � a A� CAybmits 01U Maar Av. SERVICE AREA LAKE CLARKS SH SELF-SUPPLIED COMMUNITIES 0 3=9rd *= ..,. 71 sv J� J l A " 71 -1m �' 1-�d 1( ('t "1 II I 1 41 I "All3oliptop 84, ch Y� a1i 1w,"Oft Q� n,e {i L I1 yy l 5! ryry t � i>Ati i J' ABY S��ti P� 0 01 IFVU „v� jj un r J0 1 slram w A a � pp� BOUNDARIES y pry g y AND y p�Idry( FIGUABLE WATER SERVICE AREA RE 2-1 10-YEAR WATERUP� T CILLITIE WORK PLAN PDA ITIS OF i:7t. YNTON BEACH, FLORIDA wp 9 SmithPi'dlr.• 2-2 Smith ©CDM Smith 2020 361790-2p2gU62789 of 1055 Section 2• Background Information beyond the City limits; requiring environmental review of hazardous waste generators prior to issuance of occupation licenses; ensuring,where possible,that water management plans for emergency flood situations avoid irreversible impact on ecological systems, and; minimizing the negative impacts of existing land use activities on surface water and groundwater quality and quantity through appropriate water quality management techniques. ■ The Lake Okeechobee Service Area Restricted Allocation Area (RAA) criteria limits surface water allocations from Lake Okeechobee and hydraulically connected surface waters. • The City of Boynton Beach is not located within the Lake Okeechobee Service Area. The City only withdraws water from groundwater wells and does not plan on seeking allocation from Lake Okeechobee, or other connected surface waters,in the future. ■ Current water storage capacity and surface water availability sometimes is insufficient to meet water demands. • This regional issue is not considered a concern for the City of Boynton Beach.The City has sufficient water storage capacity to meet water demands including ASR wells. ■ For coastal regions such as in South Florida,climate change and sea level rise are issues of concern. Sea level rise affects flood control operations at coastal structures and contributes to inland movement of saltwater into aquifers. • The City is planning a sustainability study to investigate potential impact of climate change on the City's infrastructure. ■ Conservation continues to be relied upon to reduce per capita water use and to delay or avoid adding supply capacity. • The City of Boynton Beach has adopted various ordinances,such as the Florida Friendly Landscaping ordinance, among others,that support water conservation. The City has also implemented a reclaimed water use program and a public information program to further support the water conservation efforts. Section 6 of this Workplan provides detailed information on water conservation measures. ■ Use of reclaimed water continues to be an important alternative water supply source in the region. • The City distributes reclaimed water to customers within the water service area through a reclaimed distribution water system. Reclaimed water from the South- Central Regional Wastewater Treatment Plant(SCRWWTP) is shared between the City of Boynton Beach and the City of Delray Beach.The City of Boynton Beach distributes reclaimed water to customers within the water service area through a reclaimed distribution water system. Reclaimed water is primarily used for CDM Page2790of 1055 Section 2 e Background Information irrigation purposes. Remaining effluent from SCRWWTP that is not reused is discharged into a deep injection well. • The 2017 Florida Department of Environmental Protection (FDEP) Reuse Inventory presented a 2016 average daily reuse flow at the SCRWWTP of 7.01 million gallons per day(MGD). This is equivalent to a reuse percentage of 40%.Through the City's Capital Improvements Program,the City plans to continue to expand its reclaimed water distribution system as an alternative water supply source. Based on the 2025 Ocean Outfall Legislation requirement,this facility has a 60%reuse target goal for year 2040. ■ The Lower East Coast Regional Water Availability Rule. • In 2009,the City received a Water Use Permit allocation above the base condition water use. This surficial withdrawal permit allocation was conditioned to terminating or reducing existing irrigation permits within the City's service area and converting these demands from the SAS to reclaimed water and making water available for reallocation.The City also increased its ASR system capacity to reduce its dependence on SAS withdrawals during the dry season. 2-4 Smith ©CDM Smith 2020 361790-2�2age2791 of 1055 Section 3 Existing Water Supply Facilities This section presents an overview of the service areas were potable water is served and the existing facilities used by the City of Boynton Beach to obtain,treat,and distribute water to its customers. Raw water supply,water treatment,storage and distribution facilities are described herein. 3.1 Service Area Boundaries 3.1.1 Potable Service Area Boundary Boynton Beach Utilities provides drinking water services for customers in Boynton Beach,some areas of unincorporated Palm Beach County,neighboring municipalities such as Town of Briny Breezes,Town of Ocean Ridge, and parts of the Village of Hypoluxo. The water service area covers approximately from Hypoluxo Road south to the City of Delray Beach,from the Atlantic Ocean west to the E-3 Canal west of Military Trail. The City of Boynton Beach city limits and potable water service area are shown in Figure 2-1. 3.1.2 Reclaimed Water Service Area Boundary Wastewater is collected from both the City of Boynton Beach and City of Delray Beach and treated at the South-Central Regional Wastewater Treatment Plant(SCRWWTP).The reclaimed water is then shared by these two municipalities. In Boynton Beach, reclaimed water is served to both private and public facilities.Various golf courses in the area use reclaimed water for irrigation purposes. Figure 3-1 presents the City's existing reclaimed water distribution system. 3.1.3 Self-Supplied Systems The City of Boynton Beach has five (5) communities within the water service area that are self- supplied which include: High Ridge, Colonial Estates, Pine Grove Village.West Boynton Place and Floral Drive. Figure 3-2 shows the location of self-supplied systems.These self-supplied systems have the following characteristics: ■ High Ridge- No permit information was found. ■ Colonial Estates has General Water Use Permit No. 50-10245-W for a public water supply of 450 people with an average per capita use rate of 111 gallons per day.This permit was issued on March 25, 2013 and expires on March 25, 2033. Existing withdrawal facilities include two (2) Surficial Aquifer System Wells with an annual allocation of 18.24 million gallons (MG) and a maximum monthly allocation of 1.55 MG. ■ Pine Grove Village has General Water Use Permit No. 50-02858-W for a public water supply of 270 people and a landscape irrigation system. This permit was issued on December 20, 2006 and expires on January 1, 2027. Existing withdrawal facilities include two (2) Surficial Aquifer System Wells with an annual allocation of 14.31 million gallons (MG) and a maximum monthly allocation of 1.76 MG. CDM Smith 3-1 ©CDM Smith 2020 361790-241252.03.12 Page 792 of 1055 Section 3 e Existing Water Supply Facilities �+ ritypab9-orad > , -Hypairw 's t " 41 Gall �i �. � k `R11,0-7! 1 ] k a Al Al 16- Bray Breezele GOT RA Y 'ka f. r 91ntrSm NI t— i ur ip r u y� LEGEND cl W rrP {, w 79 s Existing Reclaimed Water Line L,yw I da Rd �� 09 Proposed Reclaimed Water Line51 Delray Boach k, % Y FIGURE 3-1' EXISTING AND PROPOSED RECLAIMED WATER DISTRIBUTION SYSTEM 10-YEAR WATER SUPPLY FACILITIES 1{�`[ OR PAN UPDATE CITY OF BOYNTON BEACH,€p FLORIDA D t 2 CDlM Wes Smit 3-2 Smith ©CDM Smith 2020 361790-2 &2793 of 1055 Section 3 e Existing Water Supply Facilities 7 HIGH RI LarAtana NORTH OF GA WAY FLORAA L DR 14 E NORTH OF GA7k WAY I— q L Wo I L A. 2, 0 l � aw 7 4, r LEGEND r Private Systems 1PAE GROVE ViLLAGE)" Subdivision E W 9�T B O'Y"N! TO IN HOW Pe-,kK U)I(IN I A[ r-S I A I F IN G W34 I� - L""; F LORAL DR rvr N ORT H 0 F OX71DWAY 'A"T, I )("F� 6 ar : Hi6H R1 NOWTH Gf t�ATPWKY ri c)n C4,-g c, PINF GROVIF V I�ACF Y DIGY PI I ON PL 2 U N --------------------- IV j 01 M �ci COLONIAL ESTATES INC MOBILE H16ME PARK "owdly C lub, L r I W6 c I o t r4n1 �°trt la to ]14 uoI oi,6 64 .,I ——————————— it Y P 14, AN I o", 3- ' FIGURE - LOCATION OF SELF-SUPPLIED COMMUNITIES 10-YEAR WATER SUPPLY FACILITIES WORK PLAN UPDATE CITY OF BOYNTON BEACH, FLORIDA ..........1 2 CD Smith CDM Smith 3-3 ©CDM Smith 2020 361790-241252.03.12 Page 794 of 1055 Section 3 e Existing Water Supply Facilities ■ West Boynton Place -No permit information was found. ■ Floral Drive - No permit information was found. 3.2 Water Supply Sources Fresh groundwater is the main source of water supply for the City's potable water production. The City's groundwater supply sources include the Surficial Aquifer System (SAS) and the Floridan Aquifer System (FAS).The City's Public Water Supply is permitted by the South Florida Water Management District under Consumptive Water Use (CUP) Permit No. 50-00499-W. This permit was first issued in 1978 and the latest permit modification had a final approval/action date of December 10, 2009.A modification to this permit was issued on September 4, 2018 and is included as Appendix A.The permit has an expiration date of December 10, 2029. Critical limiting conditions for the permit include: 1. Annual allocation shall not exceed 6,070 MG. (This base condition of 6,070 MG shall remain until the City provides assurance to SFWMD that 6.05 MGD of SAS withdrawals, as identified in the permit,have been retired by being supplied with reclaimed water). 2. Maximum monthly allocation shall not exceed 698.43 MG. 3. Annual withdrawals from the SAS Eastern Wellfield of 2,373 MG. On an annual average day basis,this is equivalent to 6.5 MGD. 4. Total maximum monthly allocation from the FAS is 192.5 MG 5. When the Lake Worth Drainage District is not pumping water from Water Conservation Area 1 via Control Structures 1 or 3 or has not opened any of the G94 structures,the City may withdraw additional SAS water so as to be able to recharge the Aquifer Storage and Recovery(ASR) wells by an average rate of 5.0 MGD of finished water. 3.2.1 Surficial Aquifer System Wellfields Two surficial wellfields,the Eastern Wellfield and the Western Wellfield,supply raw water to the City. The Eastern Wellfield is comprised of 19 existing wells.The Western Wellfield is comprised of 11 existing wells.Table 3-1 and Table 3-2 provide details for the SAS Wells. 3.2.2 Aquifer Storage and Recovery ASR wells are used during the wet season to store excess water from the Surficial Aquifer in the Upper Floridan aquifer. During the dry season,ASR wells are used to supplement water from the Surficial Aquifer.Two (2)ASR wells are located in the Eastern Wellfield. Per the limiting conditions of CUP Permit No. 50-00499-W,the maximum monthly withdrawals for ASR wells are limited to 155.0 MG.Table 3-3 and Table 3-4 provides details for the ASR wells. 3.2.3 Floridan Aquifer System Wells The City has future plans to install three (3) FAS wells.These wells will not be installed by 2023 as originally planned since the City has maintained low water consumption rates.The City considers the installation of these FAS wells as a long-term solution for future water supply needs 3-4 Smith ©CDM Smith 2020 361790-2 &2795 of 1055 Section 3• Existing Water Supply Facilities and now plans the installation of FAS wells by 2029.The total maximum monthly allocation from the proposed FAS wells shall not exceed 37.5 MG. Table 3-1 Construction Data and Status of Surficial Aquifer Production Wells,City of Boynton Beach Eastern Wellfield r- - � r - - r- � __ gi 1E 1946 8 54 48 875 Existing 2E unknown 8 60 49 850 Existing 6E 1961 12 76 54 500 Existing 7E 1961 12 74 54 750 Existing 8E 1963 12 70 50 750 Existing 9E 1963 12 103 73 600 Existing 10E 1989 16 105 unknown 1,000 Existing 11E 1989 16 80 65 1,000 Existing 12E 2008 16 105 80 1,100 Existing 13E 1989 16 80 unknown 1,000 Existing 14E 1989 16 273 235 1,000 Existing 15E 1978 12 233 200 750 Existing 16E 1978 12 233 200 550 Existing 17E 1983 12 201 165 750 Existing 18E 1983 12 200 165 750 Existing 19E 1983 12 205 170 750 Existing 20E 1983 12 203 168 750 Existing 21E 1983 12 204 168 750 Existing 22E 1983 12 203 168 750 Existing Total Firm Capacity 14,125 Note:Total Firm Capacity is calculated by assuming the largest well is out of service. CDM Smith 3-5 ©CDM Smith 2020 361790-241252.03.12 Page 796 of 1055 Section 3 e Existing Water Supply Facilities Table 3-2 Construction Data and Status of Surficial Aquifer Production Wells,City of Boynton Beach Western Wellfield MimmiMMEM 1W 1987 16 163 132 1,500 Existing 4W 1987 16 159 129 1,500 Existing 5W 1987 16 150 126 1,500 Existing 6W 1987 16 161 131 1,500 Existing 7W 1987 16 161 131 1,500 Existing 8W 1987 16 151 121 1,500 Existing 9W 1987 16 167 137 1,500 Existing 10W 1987 16 160 132 1,500 Existing 11W 1987 16 153 123 1,500 Existing 12W 1987 16 163 131 1,500 Existing 13W 1987 30 235 134 1,500 Existing Total Firm Capacity 15,000 Note:Total Firm Capacity is calculated by assuming the largest well is out of service. Table 3-3 Status of Aquifer Storage and Recovery Wells and Floridan Aquifer System Wells r- r- ASR-1 16 909 804 1,400 Existing ASR-2 24 910 800 2,800 Existing F-1 16 1,400 950 1,300 Proposed F-2 16 1,400 950 1,300 Proposed F-3 16 1,400 950 1,300 Proposed Table 3-4 Aquifer Storage and Recovery Well Information MEME ASR-1 2015-2018 70.52 9.041 12.8 ASR-2 2015-2018 48.376 42.075 87.0 Note:Source for ASR Information is 2019 Application for FDEP Group 7 Injection Well Operation Permit by Jacobs. 3.2.4 Reclaimed Water The SCRWWTP collects and treats wastewater from the Cities of Delray Beach and Boynton Beach. This facility has an FDEP-permitted treatment capacity of 24.0 mgd,with an annual average daily flow of 17.11 mgd. In 2019, approximately 4.11 mgd of the treated wastewater was reused by the City of Boynton Beach, 10.31 mgd was disposed of via deep well injection,and a total of 64.20 mg was disposed of via an ocean outfall. 3-6 Smith ©CDM Smith 2020 361790-2 &2797 of 1055 Section 3• Existing Water Supply Facilities Reclaimed water shared between these two municipalities is primarily used for reuse irrigation purposes. Based on the Ocean Outfall Law requirements, and by 2025,the SCRWWTP will achieve a total reuse of 13.30 mgd or 60 percent reuse of total permitted flow.A deep injection well was constructed and operational in 2009,thereby nearly eliminating discharge through the ocean outfall; however,except for emergency discharges. The City distributes reclaimed water from SCRWWTP to customers within the City's water service area through a reclaimed distribution water system with pipe sizes ranging from six inches to 36-inches. In 2019,the City had a total of 52 users and a total of 4.11 million gallons per day of reclaimed water was utilized by these users.Through the City's Capital Improvements Program,the City continues to expand its reclaimed water distribution system with the intent of utilizing additional reclaimed water capacity from the South-Central Regional Wastewater Treatment Plant.The City's reclaimed water distribution system is shown on Figure 3-2. 3.2.5 Bulk User Agreements On December 21, 2004,the City's Commission approved an Interlocal Agreement,between Palm Beach County and the City of Boynton Beach, for the purchase and sale of bulk potable water.The Agreement was first amended in 2007 and a second amendment was approved on October 22, 2013.The second amendment allows the City to maintain a permanent capacity of one (1) MGD of Palm Beach County's potable water system.The termination date of this Interlocal Agreement is December 31, 2043. In addition to the provision of bulk potable water,there is a provision for the purchase of up to five (5) MGD of emergency potable water,as needed and with advance notice. Potable water purchased from Palm Beach County is blended with the West Water Treatment Plant(WTP) finished water. 3.3 Water Treatment Facilities The City owns and operates two (2)water treatment facilities.These facilities are known as the East WTP and West WTP.A description of these facilities is presented in the sections that follow. 3.3.1 East Water Treatment Plant The East WTP is located at 124 East Woolbright Road.An aerial view of the East WTP is shown on Figure 3-3. In 2017,the plant was upgraded and is now equipped with a state-of-the-art Magnetic Ion Exchange (MIEX) pretreatment system to treat water transported from the eastern wellfield via a 6-mile long pipeline. FDEP Permit No. 138271-493-WC allows for a finished water maximum day treatment capacity of 24 MGD. The East WTP treatment efficiency is 97 percent. The East WTP has flexibility in utilizing various supplies of raw water including SAS wells located at the East Wellfield, SAS wells at the West Wellfield, and ASR wells at the East WTP. Since the current CUP allocations are not adequate to provide sufficient raw water to operate the expanded capacity at the East WTP and the current capacity of the West WTP,the City will be required to balance raw water transmission to the East and West WTPs to meet permit requirements,satisfy overall system demand, and meet all necessary distribution system pressure requirements. For the period of January 2015 through December 2019,the East WTP finished water average daily flows ranged seasonally from 2.16 mgd to 10.27 mgd with maximum day flows ranging from 5.41 mgd to 12.84 mgd. CDM Smith 3-7 ©CDM Smith 2020 361790-241252.03.12 Page 798 of 1055 Section 3 e Existing Water Supply Facilities 3.3.2 West Water Treatment Plant The West WTP is located at 5469 West Boynton Beach Boulevard, east of the Lake Worth Water Management District's E-4 Canal.An aerial view of the West WTP is shown on Figure 3-4. This plant uses nanofiltration (membrane softening) to remove hardness related water quality parameters in the western wellfield water and has a permitted maximum day treatment capacity of 10.44 MGD. The process at this plant consists of pre-filtration,membrane softening, degasification and chlorination. Raw water for this WTP comes from the western wellfield,which can provide an average daily flow up to 14.36 MGD (per CUP's allocations). The membrane treatment efficiency is 85 percent and the WTP is permitted to bypass up to 20 percent of raw SAS water which is then chlorinated and blended with the membrane plant throughput. For the period of January 2015 to December 2019,the West WTP finished water average daily flows ranged seasonally from 3.98 mgd to 9.90 mgd with maximum day flows ranging from 4.38 mgd to 18.74 mgd. 3-s Smith ©CDM Smith 2020 361790-2 &2799 of 1055 Section 3• Existing Water Supply Facilities RIGH s t� SIM t) r� � � �,�._ m t� �i2}�3 �t �Sy1 i s vl ;I� Q 1�f4 'lli � � �� • t £ it n ` �Sx n'• 'tit" s `t t (S�� )� -... { � iri,"; tt � �`iiS�£�- � i �ls)Sal{� y r)� i31 `F'f{)� t i c ` FIGURE 8-8 N EAST WATER TREATMENT PLANT 10—YEARWATER SUPPLY FACILITIES S WORK PLAN UPDATE CITY OF BOYNTON BEACH, FLORIDA 0 150 0CDM Smith CDM Smith 3-9 ©CDM Smith 2020 361790-241252.03.12 Page 800 of 1055 Section 3 e Existing Water Supply Facilities , r � , F v.• �tri"rk}� }t ��}}�� , �" � l S�ASt sr, I «St11�~•,i c 1 s Nn `r `� -.: �� F,° I �,t1,r4 t 1I S�` �5.. £ 1, �`•,FI ,If��1.4 + Ii�' t I 7 t 1 IIt P' FIGURE 3-4 WEST WATER TREATMENT PLAN 10-YEAR WATER SUPPLY FACILITIES WORK ELAN UPDATE CITY OF BOYNTON BEACH, FLORIDA 0 100 2DO CDM Feet 3-10 Smith ©CDM Smith 2020 361790-2 &2801 of 1055 Section 3• Existing Water Supply Facilities 3.4 Water Storage The City has one elevated concrete water storage tank and four (4) concrete ground storage tanks.At the East WTP,a 1.5 MG elevated water storage tank helps maintain system pressure and a new 3.0 MG ground storage tank is used for finished water storage for re-pumping to boost distribution system pressure.At the West WTP,a 3.0 MG ground storage tank is used for blending water purchased from Palm Beach County Utilities.The Miner Road Repump Station has a 3.0 MG ground storage tank and the Woolbright Road Repump Station has a 1.0 MG ground storage tank, which are used to balance water production and peak demands. 3.5 Water Distribution 3.5.1 Water Distribution System Potable water produced at the East WTP and West WTP is distributed to the Service Area through a water distribution system that is comprised of approximately 448 miles of water mains.Figure 3-5 shows the existing water mains,which have pipe sizes ranging from six inches to 42-inches. At the East WTP,there are two (2) discharge pipelines which are 24-inches and 30-inches in diameter and connect to smaller diameter water mains to distribute water.At the West WTP, there is one 42-inch diameter discharge pipe that splits into two (2) 30-inch water mains that support water transmission and distribution. CDM Smith 3-11 ©CDM Smith 2020 361790-241252.03.12 Page 802 of 1055 Section 3 e Existing Water Supply Facilities t"o, t ,sil Y Bn i I .. r� 1 6 k tips ION rt 17 i .. � � '7 F v Gi µ.ms. � �4 -,,` t h.H•k Py q F+ fi IH i Y f 'Watier arrt Diameter yy � s i ` ,i '�� "WTP Diameter � r A rliYf � 1, it 12' ; 6 dr 0'. 41, 4' 30 i 1 (}t � t FIGURE EXISTING ATER DISTRIBUTION SYSTEM 10-YEAR WATER SUPPLY FACILITIES WORK PLAN UPDATE CITY OF BOYNTON BEACH, FLORIDA Smith12 CDM 3-12 Smith ©CDM Smith 2020 361790-2 &2803 of 1055 Section 3• Existing Water Supply Facilities 3.5.2 Interconnections The City has emergency interconnection agreements with Palm Beach County,Town of Lantana, City of Delray Beach,Town of Gulfstream and Village of Golf. Potable water purchased from Palm Beach County is blended with the finished water through the interconnection located at the West WTP.Two additional interconnections are available to obtain water from Palm Beach County.The City uses all three interconnections from Palm Beach County,when needed,for emergency potable water supply. Other Interconnects are also available for emergency maintenance needs, but those valves are normally closed.Table 3-5 lists the locations of the interconnections. Table 3-5 Locations of Interconnections with Other Entities D- m ® ® ® 1 - ® 1m- Palm Beach Interconnect 1 5469 West Boynton Beach Blvd 12-inch pipe with 8-inch meter Palm Beach Interconnect 2 Flavor Pict Road West of Military Trail 12-inch pipe with 8-inch meter Palm Beach Interconnect 3 Hypoluxo and Hypoluxo Farms 12-inch pipe with 8-inch meter Lantana Interconnect 1 Hypoluxo and Seacrest 6-inch meter Lantana Interconnect 2 Hypoluxo and San Castle Blvd 6-inch meter City of Delray Beach N Swinton Avenue 6-inch meter City of Delray Beach S Lake Drive at Lake Ida Park 6-inch meter Town of Gulfstream A1A and Little Club Road 6-inch meter Village of Golf Military Trail and Woolbright Road 8-inch meter CDM Smith 3-13 ©CDM Smith 2020 361790-241252.03.12 Page 804 of 1055 Page 805 of 1055 Section 4 Population and Water Demand Projections The intent of this section of the Work Plan is to provide the data related to historical population and to present population projections and water demand analysis for the 2020-2040 planning period. 4.1 Historical Population Information The Bureau of Economic and Business Research (BEBR) at University of Florida prepares and publishes population estimates for every county and subcounty area in Florida.These estimates are produced using the housing unit method and solely reflect permanent residents and do not include seasonal or other temporary residents. Historical populations for the City are shown in Table 4-1 from Year 2010 through Year 2019. The average annual population increase during this period is 1.46 percent Table 4-1 City's Historical Population b b 0 68,217 68,409 68,741 70,131 71,608 72,784 73,163 73,992 76,756 77,696 e 0.28% 0.49% 2.02% 2.11% 1.64% 0.52% 1.13% 3.74% 1.22% Note:Florida Estimates of Population,University of Florida's Bureau of Economic and Business Research 4.2 Projected Population for Potable Water Service Area Projections of permanent resident populations in Palm Beach County(PBC) are primarily based on sub-county projections published by the County's planning division.At the local level, PBC's planning division staff uses BEBR medium projections of permanent resident population and apply these to smaller geographies in order to produce the Population Allocation Model,which is a land use-based allocation model that is updated every other year.This model is based on Traffic Analysis Zones (TAZ) contained within the potable water service area.Table 4-2 presents information related to the projected population for the City's potable water service area from 2020 through 2040. The data was obtained from the 2018 Lower East Coast Water Supply Plan. Table 4-2 Projected Population for City's Potable Water Service Area b . b b b 6 0 6 I, @ Total Population for Boynton 107,646 113,090 121,542 126,509 130,858 134,809 Beach Utility Service Area Note: Projected Population data was obtained from the 2018 Lower East Coast Water Supply Plan Update CDM Smith 4-1 ©CDM Smith 2020 361790-241252.03.12 Page 806 of 1055 Section 4• Population and Water Demand Projections 4.3 Historical Water Use Potable water is produced at the City's East WTP and West WTP.The City's finished water production data for these two water treatment plants was obtained from January 2015 through December 2019 Monthly Operating Reports and are summarized in Table 4-3. The average finished water production data (in MGD) and population estimate data was used to calculate the estimated City's water use rate. Water Use Rate=Population Served/Average Finished Water Produced The average per capita consumption was calculated to be 125 gallons per capita per day(gpcd). This consumption rate was multiplied by a factor of 5%to obtain a planning level water use rate of 131 gpcd. A peaking factor of 1.18 was then used to obtain a planning level per capita maximum water use rate of 154 gpcd. These estimated water consumption rates are considered for planning purposes and are used to estimate water demand projections for the planning period of 2020 to 2040. Table 4-3 Historical Water Use 111im IN ME 2015 106,351 4947 13.30 15.60 1.17 125 147 2016 107,646 4897 13.16 15.21 1.16 122 141 2017 109,007 5076 13.87 16.31 1.18 127 150 2018 110,368 5215 14.25 16.83 1.18 129 152 2019 111,729 4868 13.30 15.82 1.19 119 142 Average 125 146 Water Use Rate: Planning Level Factor 6 (5%): Planning Level 131 154 Water Use Rate: Notes:Population served based on 2018 LEC Water Supply Plan Update. Total Water Production and Average Finished Water Daily Demand obtained from Monthly Operating Reports (2015 to 2019). 4.4 Water Demand Projections 4.4.1 Water Demands for Existing Service Area Finished water demand projections through year 2040 are presented in Table 4-4 and Table 4-5. Finished water demand projections were based on current population estimates, future population estimates and a single per capita average day demand of 131 gpcd. As shown on Table 4-4,average-day finished water demand for the existing service area increases from 14.10 MGD, in 2016,up to 17.66 MGD in 2040.The City's maximum-day finished water demands were calculated using a maximum day per capita water use rate of 154 gpcd. 4-2 Smith ©CDM Smith 2020 361790-241252.03.12 Page 807 of 1055 Section 4• Population and Water Demand Projections As shown on Table 4-5,maximum water supply demands increase from 16.58 MGD, in 2016, up to 20.76 MGD in 2040. The Potable Water Sub-Element of the City's Comprehensive Plan includes the City's Potable Water Level of Service Standard of 154 gallons maximum daily flow per capita of peak population for water supply and treatment. The City's average per capita consumption,based on historical data, is 131 gpcd and the maximum per capita consumption is 154 gpcd.As presented in Section 4.3,the per capita consumption rates were calculated using population and finished water production data.The City's Comprehensive Plan is being amended to reflect updates to this 10- Year Water Supply Facilities Work Plan. CDM Smith 4-3 ©CDM Smith 2020 361790-241252.03.12 Page 808 of 1055 C ; \ ° j D� \ 2 ./ ©� ! � = t \ _ ! 5 ` S E A 00 \ \ LO � 0 [ o m 7 00 § R \ t o 0) c \ n' m c c 00 � § tka m E m k § § 2 2 � ° Lq \ . / m ` « Z « . @ / u ` e / \2 m ` \ � } CL CL CL CL } \ ) @ @ \ \ / \ \ ` \ \ \ ` \ \ § E § E : o % § % § E \ /2 k \ ( / k CL 0 k ^ C _ CL \ _CL \ / 2 / 2 ^ \ uLn Ln o \ \_ J & co 2 2 co co 7 Section 4• Population and Water Demand Projections 4.4.2 Additional Water Demands The City has reached an agreement with the Town of Hypoluxo and three (3) mobile home parks to provide them with potable water. The Royal Manor Mobile Home Park was added to the City's potable water service area last June 2016 and the Tropical Breeze Mobile Home Park was added last May 2019. Figure 4-1 shows the future potable water service area and additional users. Data provided by the City indicate that a total of 1,414 additional units will be served with potable water as shown in Table 4-6 below.Using a factor of 2.52 person per household,the additional units were converted into equivalent population. The water per capita consumption for these communities is unknown but, for planning purposes, it was assumed that these communities would have the same estimated average per capita consumption as the City. Therefore,the estimated City's water use rate of 131 gallons per capita per day was used to calculate an additional water demand of 0.47 MGD. Table 4-6 Additional Potable Water Demands met by the City of Boynton Beach Tropical Breeze Mobile Home Park 324 816 131 0.11 (Served by City since May 2019) Mobile Home Park Parry Village (To be served by City beginning 100 252 131 0.03 March 2020) Town of Hypoluxo To be served beginning 550 1386 131 0.18 September 2020 Royal Manor Mobile Home Park(Served by 440 1109 131 0.15 City since June 2016) Total Additional Population in Utility 1414 3563 0.47 Service Area 4.4.3 Water Demands for Proposed Service Area Finished water demand projections for the proposed service area are presented in Table 4-7 and Table 4-8. These projections for the proposed service area include the Boynton Beach Service Area populations and the additional potable water demands identified previously on Table 4-6. Figure 4-1 shows the future potable water service area and additional users. The Boynton Beach Service Area population projections were obtained from the 2018 LEC Water Supply Plan Update (LEC Plan). Appendix E of the LEC Plan includes a Summary for the City of Boynton Beach Public Water Supply (PWS). Footnote"a"of this summary states that the additional population and demand for Town of Hypoluxo is included in the City's data starting in 2020.After carefully studying the LEC Plan, it was concluded that the additional population and demand for Town of Hypoluxo is included in the City's data starting in 2025,not in 2020.This can also be confirmed by looking at the population reduction from Town of Manalapan,which currently serves potable water to certain areas of the Town of Hypoluxo.A reduction in elation for Town of Manalapan is shown in year 2025. Smith 4-5 ©CDM Smith 2020 361790-241252.03.12 Page 810 of 1055 Section 4• Population and Water Demand Projections Since the City will begin serving the additional population of Town of Hypoluxo beginning on year 2020,it was decided to add this population increase to year 2020 in order to properly estimate demands for that year. This information is reflected on both Table 4-7 and 4-8. The City's average-day finished water demands were calculated using an average day per capita water use rate of 131 gpcd.As shown on Table 4-7, average water supply demands for the proposed service area increase from 14.25 MGD,in 2016,up to 18.01 MGD in 2040. The City's maximum-day finished water demands were calculated using a maximum day per capita water use rate of 154 gpcd.As shown on Table 4-8,maximum water supply demands for the proposed service area increase from 16.75 MGD, in 2016,up to 21.17 MGD in 2040. 4-6 ©CDM Smith 2020 Page 811 of 1055 Section 4• Population and Water Demand Projections �_J SERVICE AREA �i TCrkvmi75l ME EKE CLARKE SE's BE SELF,SUPPL!ED COMMUNITIES L ADDITIONAL POTABLE W fiER USERS T� ,i hM a..� All } :ins,• 0 ~7 e a u#M,v7 p MHP J 1; r I r X11 �' i` F s, A � aiw TI W� `i v T � w FIGURE 4-1 FUTURE POTABLE WATER SERVICE AREA 10-SEAR WATER SUPPLY FACILITIES WORK PLAN UPDATE CITY OF BOYTORN BEACH, FLORIDA 2 1 CD r� Smit Smith 4-7 ©CDM Smith 2020 361790-241252.03.12 Page 812 of 1055 o O o ll00 M u u (6 ( > (N W V O 00 co O 5Ln Ln O cl m O Cx U x U EE 2 oo cl O O O ci p O O O O O O OCCLO O O 0NQu 00 = its m m O 5, �p ° Q c l V V O c l tLn Ln O ° O_ cti O O cti ^ CO cti O O N >, C O 3 Q ry o o 0 o N 3 Q U O N U O N O O 00 W '6 u1 -1O O rl 0) (t5 c�-i O O O 00 L( t5 O ro O O O .moi L r �O O O O O 'moi L ° 0! 0! 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U i ULn io io io io v G1 N F N N d N lD m M N v N d LL 00 00 Lq N 00 C� - ' c0-I N 0�0 Ocyl Ocyl � W Q E ai CL CL CLS 7 .w O � m C` CD °0 Nns LQ w S� N r" N ° oN N N N 0 3 (DL m 7a V) o a a N V--i (6 N N m :t O O \ m VN N N N N C n 00 l0 L.fl n N (P N m O m L.fl rl N V) ~ Q `� Q n m m.0 O .ti ti ti N N 'O I O u m 4! CLS ro .L O u ro n CLS ti ti ti ti ti CJS 0 0 i ns C: i Lr) co 3 O co O E i t E ns E LJ (� 7 0 r4 00 oN a 7 m m O io E O L G1 N m m a a 3 N O N mm N v C=C I rll�CU ' N N N M M X ' l0 m 00 m � C j, O p .-J 4-JJ CLS w ti ti ti ti ti 2 N ti ti ti ti ti x v U^' O C NN W O p o Ln o Ln o ai .O o Ln o Ln o ai Q `: 2 m m O O O O O o N 0 0 0 0 0 O �y uu m z c '24 N N N N z @u Page 815 of 1055 Section 6 Water Conservation The Utilities Element of the City's Water Comprehensive Plan includes the following objective: Objective 3.C.3 The City of Boynton Beach will continue to consider options to implement water conservation such as rate structures, aquifer storage and recovery, reuse and education. The following policies were created to support such objective: ■ Policy 3C.3.1 The City shall continue to annually advise users in Boynton Beach, during the dry season,to reduce potable water usage for landscape irrigation and to properly time irrigation activities. ■ Policy 3C.3.2 The City shall continue to enforce all water use restrictions consistent with any water shortage or water shortage emergency declared in accordance with SFWMD Shortage Plan. ■ Policy 3C.3.3 The City shall continue to utilize a water conservation rate structure to discourage excessive water use. Conservation will be further encouraged by using potable water flows in the development of sanitary sewer charges. ■ Policy 3C.3.4 The City shall continue to encourage uses of non-potable water, including groundwater and treated wastewater effluent,for landscape irrigation where possible. ■ Policy 3C.3.5 The City shall continue to implement programs requiring or encouraging the use of water saving devices for irrigation systems, and plumbing fixtures in the City's service area. Specific actions that follow the policies listed above and work towards the reduction of water consumption include: ■ Permanent Irrigation Ordinance.The City enforces Palm Beach County Water Conservation and Irrigation Ordinance 93-3. This ordinance provides a permanent water conservation measure. ■ Rain Sensing Devices. Per Section 373.62, F.S., all new installations of automatic irrigation systems shall be equipped with a water sensing device that will automatically discontinue irrigation during periods of rainfall.The City has adopted this as an ordinance. ■ Florida Friendly Landscaping. The City continues to promote the use of drought tolerant, quality landscapes that conserve water and are adaptable to local conditions. ■ Year-Round Landscape Irrigation Rule.The City has this policy in place and uses their website to provide the information to its customers. The City also utilizes social media Smith 6-1 ©CDM Smith 2020 361790-241252.03.12 Page 816 of 1055 Section 6 e Water Conservation inform residents of drought conditions and remind them of the irrigation measures. The irrigation policy is based on South Florida Water Management District(SFWMD)Year- Round Landscape Irrigation Rule which permits up to three days per week of watering in Palm Beach County. Odd-numbered addresses may water lawns and landscapes on Mondays,Wednesdays and/or Saturdays. Even-numbered addresses may water on Tuesdays, Thursdays and/or Sundays.All watering should be done before 10 a.m.or after 4 p.m. This rule allows additional watering for new lawn and landscaping for up to 90 days, unless local landscape irrigation ordinances are in place.Users of Reclaimed Water are encouraged to conserve water voluntarily. ■ Ultra-low Plumbing Fixture Ordinance. The City adopted Ordinances No. 092-41 and 092- 42,which require new and replacement toilets,showerheads and other fixtures to be low flow. ■ Leak Detection Program. The City's 2019 unaccounted-for loss report showed less than 10%loss. The City has a continuous program of distribution system upgrades and employs online pressure sensors in the system to assist with leak detention. These actions have allowed the City to consistently maintain a low unaccounted-for water loss rate. ■ Reclaimed Water Use. In 2019,the City had a total of 52 reclaimed water users and a total of 1.5 million gallons of reclaimed was utilized by these users. The City continues to implement the Reclaimed Water Program by adding distribution lines to the system. A preliminary route analysis has been completed and the City is currently working to identify the most efficient way to extend the reclaimed water system distribution lines. The intent is to extend the reclaimed water system towards the East(along US-1 and to the barrier island).The permitting and construction phases of this work will begin in late 2020. ■ Public Information Programs for Water Conservation. The City provides free tools, such as water saving kits and hose nozzles,to help reduce the population's water use in their homes. The Water Conservation Education Program offers classroom activities and installation of water saving devices to fifth grade students and teachers in the City's service area. The City's website also provides links to the SFWMD website which offers information on their Water Conservation Programs and Initiatives. ■ Water Conservation Based Rate Structure.The City's current water rate structure is a four- tiered rate structure.The proposed rates for year 2021 are shown in Table 6-1. 6-2 Smith ©CDM Smith 2020 361790-241252.03.12 Page 817 of 1055 Section 6• Water Conservation Table 6-1 Proposed Rates for Year 2021 HE Water !. Inside City;;Commercial;Base Monthly Charge $25.81 !, $25.81 !. $0 0% ! $25.81 "!, $26.32 !, $26.32 Water - Inside City Commercial Tier 1(0-9 $1.72 $1.72 $0 0% $1.72 $1.75 $1.75 kgal/month) Tier 2(9-30 Water Inside City (Commercial $3.09 $3.09 $0 0% $3.09 $3.15 $3.15 kgal/month) Water Inside City Commercial; Tier (30-50 $4.13 $4.13 $0 0% $4.13 $4.21 $4.21 legal/month),,,,,,,, ............. Water Inside City Residential Tier 4(>50 $5.09 $5.09 !. $0 0% $5.09 $5.19 $5.19 kgal/month) Water Inside City Residential Base Monthly Charge $12.90 $12.90 $0 0% $12.90 $13.16 $13.16 Water Inside City Residential; Tier 1(0-9 $1.72 $1.72 $0 0% $1.72 $1.75 $1.75 kgal/month) Water Inside City Residential Tier 2(9-30 $3.09 $3.09 $0 0% $3.09 $3.15 $3.15 kgal/month) Water - Inside City Residential Tier 3(30-50 $4.13 $4.13 $0 0% $4.13 $4.21 $4.21 kgal/month) Water Inside City s Residential Tier 4(>50� $5.09 $5.09 $0 0% $5.09 $5.19 $5.19 kgal/month) CDM Smith 6-3 ©CDM Smith 2020 Page 818 of 1055 Page 819 of 1055 Section 7 Water Supply Projects This section provides a brief description of the City's Capital Improvements Program (CIP)that are planned to be implemented in the next five (5)years that will provide additional supply water to the City.Appendix C has a complete list of the 10-Year CIP.The City continues to be dependent of the SAS as a raw water supply,but also has two (2)ASR wells in operation. The City has future plans to install three (3) FAS wells and a Reverse Osmosis (RO) plant.This system will not be installed by 2023 as originally planned since the City has maintained low water consumption rates. The City considers the installation of the FAS wells and construction of a RO plant as a long- term solution for future water supply needs and now plans to complete these improvements by 2029.The total maximum monthly allocation from the proposed FAS wells shall not exceed 37.5 MG. Recent actions taken by the City now allow the East WTP to receive water not only from the eastern wellfield but also from the western wellfield.A new 36-inch interconnect raw water main now allows the East WTP to receive supplement water and take advantage of the available treatment capacity.The City also continues to expand its reuse distribution system by adding segments of distribution piping to the existing system. Tables 7-1 through 7-4 below present additional details related to capital improvements projects being planned for the next five (5)years. Table 7-1 Summary of East Wellfield Upgrade Projects iNMENINEEM11M Project Description: Construction of a new 24-inch raw water main to increase flow from the East Wellfield to the East WTP.Currently,the East WTP has a 16-inch raw water main,which limits the water supply to the plant. Project Justification: This project is needed to meet future water demands Estimated Cost FY 19/20 FY 20/21 FY 21/22 FY 22/23 FY 23/24 Total Design $100,000 $0 $0 $0 $0 $100,000 Construction $650,000 $0 $0 $0 $0 $650,000 Other $0 $0 $0 $0 $0 $0 TOTAL $750,000 $0 $0 $0 $0 $750,000 Smith 7-1 ©CDM Smith 2020 361790-241252.03.12 Page 820 of 1055 Section 7 e Water Supply Projects Table 7-2 Summary of Remote Storage and Pumping Facility Project MENIMMIMMMEM Project Description: Construction of a 3 MG potable water storage facility in the northeast quadrant of the Service Area. Project Justification: This project is needed to improve backup water supply and maintain level of service in this area. Estimated Cost FY 19/20 FY 20/21 FY 21/22 FY 22/23 FY 23/24 Total Design $0 $0 $0 $0 $0 $0 Construction $0 $0 $0 $0 $3,050,000 $3,050,000 Other $0 $0 $0 $0 $0 $0 TOTAL $0 $0 $0 $0 $3,050,000 $3,050,000 Table 7-3 Summary of New SAS Production Wells Project iMENIMMEMEM Project Description: Construction of new surficial wells Project Justification: This project is needed to support the proper functioning of the existing wellfield.The City plans to request the addition of new surficial wells for this purpose. Estimated Cost FY 19/20 FY 20/21 FY 21/22 FY 22/23 FY 23/24 Total Design $0 $0 $0 $0 $0 $0 Construction $0 $0 $0 $0 $3,000,000 $3,000,000 Other $0 $0 $0 $0 $0 $0 TOTAL $0 $0 $0 $0 $3,000,000 $3,000,000 Table 7-4 Summary of Reuse Distribution System Project MMMMIMMIMMMM Project Description: Continued expansion of reuse distribution system Project Justification: The City plans to continue the expansion of the reuse distribution system to utilize the capacity at the South-Central Regional Wastewater Treatment Plant Estimated Cost FY 19/20 FY 20/21 FY 21/22 FY 22/23 FY 23/24 Total Design $0 $0 $0 $0 $0 $0 Construction $2,000,000 $2,000,000 $2,000,000 $2,000,000 $3,000,000 $10,000,000 Other $0 $0 $0 $0 $0 $0 TOTAL $4,040,000 $0 $0 $0 $3,000,000 $0 7-2 Smith ©CDM Smith 2020 361790-241252.03.12 Page 821 of 1055 Section 8 Goals and Objectives The City of Boynton Beach has established goals and objectives as part of their Comprehensive Plan.The City's Comprehensive Plan will be amended to reflect updates to this 10-Year Water Supply Facilities Work Plan (Work Plan). The main goal of the Potable Water Sub-Element is described as follows: ■ Goal 3C. The City shall secure and maintain adequate potable water treatment and distribution facilities,take steps to minimize increases in demands,and maintain sufficient and equitable financing measures to provide services to potable water system customers. Under this main goal, a series of objectives have been delineated,as follows: • Objective 3C.1 The City of Boynton Beach will secure raw water supplies and treatment capabilities sufficient to meet water demands for existing needs and through build-out. • Objective 3C.2 The City of Boynton Beach will provide distribution services to its potable water customers that are adequate to meet flow levels projected in the City's Water System Modeling Study. • Objective 3C.3 The City of Boynton Beach will continue to consider options to implement water conservation such as rate structures, aquifer storage and recovery, reuse and education. • Objective 3C.4 The City of Boynton Beach will operate its potable water system in such a way that all capital improvements,replacement and rehabilitation, and operation and maintenance costs such that costs are borne by system customers on the basis of the cost-for-service. • Objective 3C.5 The City will continue to prevent urban sprawl by requiring orderly compact development of the potable water service area as it approaches buildout. • Objective 3C.6 The City shall continue to implement a program to eliminate existing deficiencies according to the schedule presented in the Capital Improvements Element. The City's Comprehensive Plan also includes the following relevant Objectives and Policies under the Potable Water Sub-Element: • Policy 3C.1.5 The City shall continue to maintain the Level of Service Standard of 154 gallons maximum daily flow per capita of peak population for water supply and treatment. This policy is currently being updated per this 2020 Workplan. • Objective 3C.7 The City of Boynton Beach will implement the Water Supply Facilities Work Plan (WSFWP) in order to meet the City's water demand through 2030.The Work Smith s-1 ©CDM Smith 2020 361790-241252.03.12 Page 822 of 1055 Section 8 e Goals and Objectives Plan will promote projects aimed at diversifying the City's sources of water to reduce dependency on the surficial aquifer and improvement of existing infrastructure to enhance the system's efficiency. • Policy 3C.7.1 The City shall maintain a Water Supply Facilities Work Plan for at least ten (10)year planning period addressing water supply facilities necessary to serve existing and future development within the City's water service areas.The Work Plan will be updated within 18 months following an update of the Regional Water Supply Plans. • Policy 3C.7.2 The City shall coordinate with SFWMD to assure the consistency of its Work Plan with the East Coast Regional Water Supply Plan. The City will also coordinate planning efforts with those of all jurisdictions to which it provides water service regarding population projections and other water demand and distribution factors. The Capital Improvements Element,last amended on November 16, 2010,contains goals, objectives and policies relevant to water supply planning. ■ Goal 9. The City shall provide adequate public facilities to meet existing needs and accommodate future growth consistently with objectives and policies of all elements of this Plan through a comprehensive cost-effective funding strategy. Under this main goal, a series of objectives have been delineated,as follows: • Objective 9.1 The City shall provide,or arrange for others to provide, capital improvements necessary to correct deficiencies in existing public facilities,to serve projected future growth and to replace obsolete and worn-out facilities, in accordance with an adopted Capital Improvements Schedule. • Objective 9.2 The City shall continue to require that development and redevelopment proposals are approved conditioned upon existing service availability or the scheduled provision of additional services at the adopted level of service standards and meet existing and future facility needs. • Objective 9.3 The City shall maintain a capital program that can be adequately accommodated by projected revenues or other financial resources. • Objective 9.4 The City shall continue to provide that private developers participate on a proportionate share basis in any facility improvement costs necessary to maintain the adopted level of service standards specified in Policy 9.2.6 via capital facility charges, impact fees,and any other legally available and appropriate methods. Policy 9.2.1 through 9.2.12 describe the enforcement of the Concurrency Management System as set forth in the City's Land Development Regulations. • Policy 9.2.2 The Concurrency Management system requirements will be satisfied if, at the time development order or permit is issued,one or more of the following conditions are met: 8-2 Smith ©CDM Smith 2020 361790-241252.03.12 Page 823 of 1055 Section 6• Water Conservation • Policy 9.2.2 The Concurrency Management system requirements will be satisfied if, at the time development order or permit is issued,one or more of the following conditions are met: For potable water,wastewater,stormwater and solid waste: • A development permit is issued subject to the condition that, at the time of issuance of certificate of occupancy,the necessary facilities and services will be in place; or • The necessary facilities and services are guaranteed in an enforceable development agreement to be in place to serve the new development at the time of issuance of the certificate of occupancy. The development agreement may include,but is not limited to, development agreements pursuant to section 163.3 220, F.S., or an agreement or development order issued pursuant to Chapter 380, F.S. The Future Land Use Element of the City's Comprehensive Plan contains the following policy on water planning: • Policy 1.1.1 The City shall issue development orders or permits only if infrastructure for potable water, sanitary sewer,solid waste and stormwater drainage exist, is provided for in accord with the requirements of this Comprehensive Plan, or will exist concurrent with the impacts of the development, and is sufficient to maintain or exceed adopted levels of service. The City of Boynton Beach will implement this Water Supply Facilities Work Plan in order to meet the City's demand through 2040. CDM Smith s-3 ©CDM Smith 2020 Page 824 of 1055 APPENDIX A SFWMD CUP REVISION Smith a-1 ©CDM Smith 2020 361790-241252.03.12 Page 825 of 1055 Page 826 of 1055 r , w i ^S°ry dljM1 — _ WATER USE LETTER MODIFICATION APPLICATION NU : 180807-5 PERMIT NUMBER: 50-00499-W DATE I September 4, 2018 EXPIRATION : December 10, 2029 PERMITTEE: CITY OF BOYNTON BEACH 124 EAST WOOLBRIGHT ROAD BOYNTON BEACH, FL 33435 PROJECT . CITY OF BOYNTON BEACH PUBLIC WATER SUPPLY PROJECT LOCATION. PALM BEACHCOUNTY, IT2SI3 11-14,23-26,35, 1T5S1 42 -61T46SI3E 1,21T6S/ 2 6-10,15-22,17-31TS/ 3 District staff reviewed information submitted in support of the referenced application for permit modification(s) and determinedr ` ii s are i compliance i t vi s permit and the appropriatevisions of Rule -2. 1 (4)(a), Florida Administrative Code. The permitmodification (s) include the following: Plug of r Wellsn 1, as newer monitor wells have been installed rendering IIs redundant. In addition, Limiting iti been modified remove the reference to the temporary allocation of 2,555illigallons r year from st 11 1 , as the pipelineconnecting Ilfi I o the Western Iil s been completed. Pleaset t your permit remains suj to the 29 LimitingConditions II other r s of the permit authorization as previouslyissued. 41—" Simon Sunderland, P.G. Section Leader Water Use Bureau Of solywo" c s 3301 Gun Club Road, West Palm Beach, Florida 33406. (561)686-8800 www.sfwmd.gov Applicabon Number: 180807-5 Page1 of 8 Page 827 of 1055 LIMITING CONDITIONS 1. This permit shall expire on December 10, 2029. 2. Application for a permit modification may be made at any time. 3. Water use classification: Public Water Supply 4. Source classification is: Groundwater from: Floridan Aquifer System Surficial Aquifer System 5. Annum allocation shall not exceed 7,614.88 million gallons (MG). (20.86 MGD) Maximum monthly allocation shall not exceed 698.43 million gallons (MG). The following limitations to maximum monthly withdrawals from specific sources are stipulated: Floridan Aquifer System-: 192.50 MG. The following limitations to withdrawals from specific sources are stipulated: SurFicial aquifer system: Withdrawals from the Eastern Wellfield shall be limited to 2,373 MG annually (6.5 MGD). When the criteria of Limiting Condition 25 are satisfied, the Permittee may withdraw SAS water in addition to the above allocation to recharge its ASR wells by an average of 5.0 MGD of finished water. Upon completion of Phase 1 of the reclaimed water program, if the project's demands are greater than the base condition water use, the Permittee may submit updated groundwater modeling to request an increase in the surficial aquifer system allocation via full modification based upon the termination or reduction of base condition water use. Floridan aquifer system: The City's maximum month water use demand over the average SAS allocation will be met by withdrawals from the ASR wells throughout the permit duration and from the proposed FAS wells (anticipated to be installed by 2023). The total maximum monthly allocation from the FAS shall not exceed 192.5 MG Application Dumber: 180807-5 Page 2 of 8 Page 828 of 1055 (maximum monthly withdrawals are limited to 155.0 MG for ASR wells, and 37.5 MG for the proposed FAS wells). 6. Pursuant to Rule 40E-1.6105, F.A.C., Notification of Transfer of Interest in Real Property, within 30 days of any transfer of interest or control of the real property at is any permitted facility, system, consumptive use, or activity is located, the permittee must notify the District, in writing, of the transfer giving the name and address oft new owner or person in control and providing a copy of the instrument effectuating the transfer, as set forth in Rule 40E-1.6107, F.A.C. Pursuant to Rule 40E-1.6107 (4), until transter is approved by the District, the permittee shall be liable for compliance with the permit. The permittee transferring the permit shall remain liable for all actions that are required as well as all violations of the permit is occurred prior to the transfer of the permit. Failure to comply with this or any other condition of this permit constitutes a violation and pursuant to Rule 40E-1.609, Suspension, Revocation and Modification of Permits, the District may suspend or revoke the permit. This Permit is issued to: CITY OF BOYNTON BEACH 124 EAST WOOLBRIGHT ROAD BOYNTON BEACH, FL - 33435 7. Withdrawal facilities: Groundwater- Proposed: 3 - 1 X 1400'X 1300 GPM Wells Cased To 950 Feet Groundwater- Existing: 1 - 12"X 233' X 750 GPM Well Cased To 200 Feet 1 - 16"X 163' X 1500 GPM Well Cased To 131 Feet 1 - 12"X 70' X 750 GPM Well Cased To 50 Feet 1 - 16"X 160' X 1500 GPM Well Cased To 132 Feet 1 - 16"X 909' X 1400 GPM Well Cased To 804 Feet 1 - 30" X 235' X 1500 GPM Well Cased To 134 Feet 1 - 16"X 273' X 1000 GPM Well Cased To 235 Feet 1 - 12"X 74' X 750 GPM Well Cased To 54 Feet 1 - 16"X 80' X 1000 GPM Well With Unknown Cased Depth AppliGation Number 180807-5 Page 3 of 8 Page 829 of 1055 1 - 16"X 80' X 1000 GPM Well Cased To 65 Feet 1 - 16"X 163' X 1500 GPM Well Cased To 132 Feet 1 - 16"X 105' X 1000 GPM Well With Unknown Cased Depth 2 - 16"X 161' X 1500 GPM Wells Cased To 131 Feet 1 - 16" X 105' X 0 GPM Well Cased To 80 Feet 1 - 8" X 60'X 850 GPM Well Cased To 49 Feet 1 - 12"X 201'X 750 GPM Well Cased To 165 Feet 1 - 12"X 204' X 750 GPM Well Cased To 168 Feet 1 - 16"X 150' X 1500 GPM Well Cased To 126 Feet 1 - 12" X 103' X 600 GPM Well Cased To 73 Feet 1 - 16" X 153' X 1500 GPM Well Cased To 123 Feet 1 - "X 910'X 2800 GPM Well Cased To 800 Feet 1 - 16"X 151'X 1500 GPM Well Cased To 121 Feet 1 - 12"X 76' X 500 GPM Well Cased To 54 Feet 1 - 12"X 200' X 750 GPM Well Cased To 165 Feet 1 - 16" X 159' X 1500 GPM Well Cased To 129 Feet 2 - 12" X 203' X 750 GPM Wells Cased To 168 Feet 1 - 8"X 54'X 875 GPM Well Cased To 48 Feet 1 - 12"X 233'X 550 GPM Well Cased To 200 Feet 1 - 16"X 167' X 1500 GPM Well Cased To 137 Feet 1 - 12"X 205' X 750 GPM Well Cased To 170 Feet 8. Permittee shall mitigate interference with existing legal uses that was caused in whole or in part by the permittee's withdrawals, consistent with the approved mitigation plan. As necessary to offset the interference, mitigation will include pumpage reduction, replacement of the impacted individual's equipment, relocation of wells, change in withdrawal source, or other means. Interference to an existing legal use is defined as an impact that occurs under hydrologic conditions equal to or less severe than a 1 in 10 year drought event that results in the: (A) Inability to withdraw water consistent with provisions of the permit, such as when remedial structural or operational actions not materially authorized by existing permits must be taken to address the interference; or (B) Change in the quality of water pursuant to primary State Drinking Water Standards to the extent that the water can no longer be used for its authorized purpose, or such change is imminent. 9. Permittee shall mitigate harm to existing off-site land uses caused by the permittee's Application Number: 180807-5 Page 4 of 8 Page 830 of 1055 withdrawals, as determined through reference tot conditions for permit issuance. When harm occurs, or is imminent, the District will require the permittee to modify withdrawal rates or mitigate the hann. Harm caused by withdrawals, as determined through reference to the conditions for permit issuance, includes: (A) Significant reduction in water levels on the property to the extent that the designed function oft water body and related surface water management improvements are damaged, not including aesthetic values. The designed function of a water body is identified in the original permit or other governmental authorization issued for the construction oft water body. In cases where a permit was not required, the designed function shall be determined based on the purpose fort original construction oft water body (e.g. fill for construction, mining, drainage canal, etc.) (B) Damage to agriculture, including damage resulting from reduction in soil moisture resulting from consumptive use; or (C) Land collapse or subsidence caused by reduction in water levels associated with consumptive use. 10. Permittee shall mitigate harm to the natural resources caused by the permittee's withdrawals, as determined through reference tot conditions for permit issuance. When harm occurs, or is imminent, the District will require the permittee to modify withdrawal rates or mitigate the harm. Harm, as determined through reference to the conditions for permit issuance includes: (A) Reduction in ground or surface water levels that results in harmful lateral movement oft fresh water/salt water interface, (B) Reduction in water levels that harm the hydroperiod of wetlands, (C) Significant reduction in water levels or hydroperiod in a naturally occurring water body such as a lake or pond, (D) Harmful movement of contaminants in violation of state water quality standards, or (E) Harm to the natural system including damage to habitat for rare or endangered species. 11. If any condition of the permit is violated, the permit shall be subject to review and possible modification, enforcement action, or revocation. Application Number: 180807-5 Page 5 of 8 Page 831 of 1055 12. Authorized representatives of the District, with advance notice to the permittee, shall be permitted to enter, inspect, and observe the permitted system to determine compliance with permit conditions. 13. The Permittee is advised that this permit does not relieve any person from the requirement to obtain all necessary federal, state, local and special district authorizations. 14. The permit does not convey any property right to the Permittee, nor any rights and privileges other than those specified in the Permit and Chapter 40E-2, Florida Administrative Code. 15. Permittee shall submit all data as required by the implementation schedule for each of the limiting conditions to: SFWMD at www.sfwmd.gov/e Permitting, or Regulatory Support, 3301 Gun Club Road, West Palm Beach, FL 33406. 16. In the event of a declared water shortage, water withdrawal reductions will be ordered by the District in accordance with the Water Shortage Plan, Chapter 40E-21, F.A.C. The Permittee is advised that during a water shortage, pumpage reports shall be submitted as required by Chapter 40E-21, F.A.C. 17. Prior to the use of any proposed water withdrawal facility authorized under this permit, unless otherwise specified, the Permittee shall equip each facility with a District- approved operating water use accounting system and submit a report of calibration to the District, pursuant to Section 4.1, Basis of Review for Water Use Permit Applications. In addition, the Permittee shall submit a report of recalibration for the water use accounting system for each water withdrawal facility (existing and proposed) authorized under this permit every five years from each previous calibration, continuing at five- year increments. 18. Monthly withdrawals for each withdrawal facility shall be submitted to the District quarterly. The water accounting method and means of calibration shall be stated on each report. 19. The Permittee shall notify the District within 30 days of any change in service area boundary. If the Permittee will not serve a new demand within the service area for which the annual allocation was calculated, the annual allocation may then be subject to modification and reduction. Application Number: 180807-5 Page 6 of 8 Page 832 of 1055 20. Permittee shall determine unaccounted-for distribution system losses. Losses shall be determined for the entire distribution system an a monthly basis. Permittee shalldefine the manner in which unaccounted-for losses are calculated. Data collection shall in within six months of Permit issuance. Loss reporting shall be submitted tot District on a yearly basis from the date of Permit issuance. 21. Permittee shall maintain an accurate flow meter at the intake of the water treatment plant for the purpose of measuring it in of water. 22. Every ten years from the date of permit issuance, the permittee shall submit a water use compliance report for review and approval by District Staff, which addresses the following: (A) The results of a water conservation audit that documents the efficiency of water use on the project site using data produced from an onsite evaluation conducted. In the event that the audit indicates additional water conservation is appropriate or the per capita use rate authorized in the permit is exceeded, the permittee shall propose and implement specific actions to reduce the water use to acceptable levels within timeframes proposed by the permittee and approved by the District. (B) A comparison of the permitted allocation and the allocation tnat would apply to the project based on current District allocation rules and updated populabon and per capita use rates. In the event the permit allocation is greater than the allocation provided for under District rule, the permittee shall apply for a letter modification to reduce the allocation consistent with District rules and the updated population and per capita use rates to the extent they are considered by the District to be indicative of long term trends in the population and per capita use rates over the permit duration. Int event that the permit allocation is less than allowable under District rule, the permittee shall appI y for a modification of the permit to increase the allocation if the permittee intends to utilize an additional allocation, or modify its operation to comply with the existing conditions of the permit. 23. The Water Conservation Plan required by Section 2.6.1 of the Basis of Review for Water Use Permit Applications within the South Florida Water Management District, must be implemented in accordance with the approved implementation schedule. 24. If at any time there is an indication that the well casing, valves, or controls leak or have become inoperative, repairs or replacement shall be made to restore the system to an operating condition. Failure to make such repairs shall be cause for filling and abandoning the well, in accordance with procedures outlined in Chapter 40E-3, Florida Administrative Code. Applicafion Number: 180807-5 Page 7 of 8 Page 833 of 1055 25. The injection of water for storage in the City's ASR wells is prohibited when the Lake Worth Drainage District is pumping water from Water Conservation Area (WCA) 1 via Control Structures 1 or 3, or has opened any of the G94 structures for water supply purposes. When water supply deliveries are not being made from WCA-1, the Permittee may recharge the ASR system by an average of 5 MGD. 26. Public water utilities that control, either directly or indirectly, a wastewater treatment plant, and which have determined pursuant to Section 403.064, F.S., that use of reclaimed water is feasible, must provide the District with annual updates of the following information: (A) the status of distribution system construction, including location and capacity of lines; (B) a summary of uncommitted supplies for the next year; (C) copies of any new or amended local mandatory reclaimed water reuse zone ordinances; and (D) a list of end-users who have contracted to receive reclaimed water and the agreed upon quantity of water to be delivered. 27.. The Permittee shall submit annual reports to the District providing information on the progress of the construction of the FAS wells and RO plant. Each report shall also contain projected activities for the year subsequent to the report submittal. The first report shall be submitted to the District by March 10, 2010, and subsequent reports shall be due at one year increments. In the event that any of the proposed elements are not on schedule and may result in the Permittee not being able to meet the limiting conditions, the Permittee will be required to submit an application to modify the permit. 28. The Permittee shall continue to implement the saline water intrusion monitoring program, which monitors the water level and chloride concentration within the surficial aquifer system at locations shown in Exhibit 1. . Within two months of permit issuance, the Permittee shall plug and abandon the following wells in accordance with Chapter 40E-3, Florida Administrative Code: Monitor Wells DM2, DM3, DMS, and SM1 Submit Summary of abandoned wells for Monitor Wells DM2, DM3, DM5, and SM1. Application Number: 180807-5 Page 8 of 8 Page 834 of 1055 NOTICEOFRIGHTS As required by Sections 120.669 and 120.60(3), Fla. Stat., the following is notice of the opportunities which may be available Ibr adm inistrative hearing or judicial review when the substantial interests of a party are determined by an agency. Please note that this Notice of Rights is not intended provide legal advice. Not all of the legal proceedings detailed below maybe an applicable or appropriate remedy. You may wish to consultan attorney regarding ur legal rights. RIGHTIITHEARING A person whose substantial interests are or maybe affected bythe South Florida Water Management Districts (SFWMD or District) action has the right to request an administrative hearing on that action pursuant to Sections 120.569 and 120.57, Fla. Stat. Persons seeking a hearing on a SFWMD decision which affects or may affect their substantial interests all file a petition for hearing with the Office of the District Clerk of the SFWMD, in accordance with the filing instructions setfo herein,within 21 days of receiptof written notice of the decision, unless one of the following o r time periods apply. (1) within 14 days of the notice of consolidated intentintentto grantordenyconcu ntiy vie applications forenvironmenial resourcepermits.and use of sovereign submerged lands pursuant to Section 373.427, Fla. t; or( )within 14 days of service of an Administrative Order pursuant to Section 373.119(1), Fla. Stat "Receipt of written notice of agency decision' means receipt of written notice through mail, electronic mail, or posting t the SFWMD has or intends to take final agency action, or publication of notice that the SFWMD has or intends In take final agency action. Any person who receives written notice of a SFWMD decision and fails to file a written request for hearing within the fimetame describedo i s the right to request hearing on that decision. If the District takes final agency action which materially differs from the noticed intended agency decision, persons who may be substantially affected shall, unless otherwise provided by law, have an additional Rule 28-106.111,Fla.Admin. Code,point of entry. Any person to whom an emergency oer is directed pursuant to Section 373.119(2), Fla. Stat., shall comply therewithimmediately,but on petition to the board shall be aflbrded a hearing s soon as possible. A person may file a request for an exiiension of time for filing a petition. T he SFWMD may, for good cause, grant the request. Requestsr extension of time must be filed with the SFWMD priorto the deadline forfilin petition for hearing. Such requests r extension shall contain a certificate that the moving party has consulted with all other parties concerning the extension and thatthe SFWMD and anyother parties ag ree to or oppose the extension. A timely request for an extension of time shall toll the running of the time period for filing a petition until the request is acted upon. FILING INSTRUCTIONS petition 1br administrative hearing must be filed withthe Office of the District Clerk of the SFWMD. Filings with the Office of the District Clerk may be made byrnail,hand-delivery,or e-mail. Filings byfacsimile will not be accepted. A petition for administrative hearing or other document is deemed filed upon receipt during normal business hours by the Office of the District Clerk at SFWMD headquarters in West Palm Beach, Florida. The District`s normal business hours are 8:00 a.m. — 5:00 p.m., excluding weekends and District holidays. Any document received by the Office of the District Clerk after 5:00 p.m.shall be deemed filed as of 8.00 a.m. on the next regular business day. Additional filing instructions are asfollows: • Filings by mail must be addressed to the Office of the District Clerk,3301 Gun Club Road,West Palm Beach, Florida 33406. 11/01Y161 Page 835 of 1055 Filings by hand-delivery must be delivered to the Office of the District Clerk. Delivery of a petition to the SFWMD's security desk does not constitute filing. It will be necessary to request that the SFWMD's security officer contact the Office of the District Clerk. An employee of the SFWMD's Clerk's office vvill receive and file the petition. Filings bye-mail must be transmitted to the Office ofthe District Clerk at l - o . The filing date for a document transmitted by electronic mail shall be the date the Office of the District Clerk receives the complete document. A partywho files a document bye-mail shall (1) represent that the original physically signed document will be retained by that party for the duration of the proceeding and of any subsequent appeal or subsequent proceeding in that cause and that the party shall produce it upon the request of other parties; and (2) be responsible for any delay, disruption, or interruption of the electronic signals and accepts the full risk that the document may not be properly filed. INITIATION OF AN ADMINISTRATNE HEARING Pursuant to Sections 120.54(5)(b)4. and 120.569(2)(c), Fla. Stat., and Rules 28-106.201 and 28-106.301,Fla. Admin. Code, initiation of an administrative hearing shall be made bywritten petition to the SFWMD in legible form and on 8112 by 11 inch white paper. All petitions shall contain: 1. Identification of the action being contested, including the permit number,application number, SFWMD file numberor any other SFWMD identification number,if known. 2. T he name,address, any email address,any facsimile num ber,and telephone numberof the petitioner and petitioners representative, if any. 3. An explanation of how the petitioners substantial interest will be affected by the agency determination. 4. A statementof when and how the petitioner received notice of the SFWMD's decision. . A statement of all disputed issues of material fact. If there are none, the petition must so indicate. 6. A concise statement of the ultimate facts alleged, including the specific facts the petitioner contends warrant reversal or modification of the SFWMD's proposed action. 7. A statement of the specific rules or statutes the petitioner contends require reversal or modification of the SFWMD's proposed action. 8. If disputed issues of material fact east, the statement must also include an explanation of how the alleged facts relate to the specific rules or statutes. 9. A statement of the relief sought by the petitioner, stating precisely the action th a petitionerwishes the SFWMD to take with respect to the SFWMD's proposed action. MEDIATION The procedures for pursuing mediation are set forth in Section 120.573,Fla.Stat.,and Rules 28-106.111 and 28-106.401—.405, Fla. Admin. Code. The SFWMD is not proposing mediation for this agency action under Section 120.573, Fla.Stat., atthis time. RIGHTI Pursuantto Section 120.68,Fla.Stat,and in accordance with Florida Ru ie of Appel late Procedure 9.110, a pa rty who is adverse lyaffected byfinal SFWMD action mayseekjudicial review ofthe SFWMD's final decision byf 11 ng a notice of appeal with the Office of the District Cie rkofthe SFWM D in accordance with the filing instructions set forth herein within 30 days of rendition of the orderto be reviewed,and byfiIing a copyof the notice with the c I e rk of the appropriate d istrict cou rt of a p peal. 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C ` a LU > •`" cm E EL � aw -J ® .® 0CL CL CLCL k' C6 E A t Page 847 of 1055 Requirement a it Condition Report App No: 180807-5 Permit No: 50-00499-W Project Name: CITY OF BOYNTON BEACH PUBLIC WATER SUPPLY Permit Condition No: 17 Permit Condition Code: USTDO21-8 Facility Name Requirement Name Col Freq Sub Freq Due Date WELL- 1 E Calibration report for WELL 1 E Every Five Years Every Five Years 30-JUN-2023 WELL-20 (10E) Calibration report for WELL 20 Every Five Years Every Five Years 30-JUN-2023 (10E) WELL-22 (12E) Calibration report for WELL 22 Every Five Years Every Five Years 30-JUN-2023 REPLACEMENT (12E)REPLACMENT WELL-23 (13E) Calibration report for WELL 23 Every Five Years Every Five Years 30-JUN-2023 (13E) WELL-24(14E) Calibration report for WELL 24 Every Five Years Every Five Years 30-JUN-2023 (14E) WELL-25(15E) Calibration report for WELL 25 Every Five Years Every Five Years 30-JUN-2023 (15E) WELL-26(16E) Calibration report for WELL 26 Every Five Years Every Five Years 30-JUN-2023 (16E) WELL-27(17E) Calibration report for WELL 27 Every Five Years Every Five Years 30-JUN-2023 (17E) WELL-29(19E) Calibration report for WELL 29 Every Five Years Every Five Years 30-JUN-2023 (19E) WELL- 14(2E) Calibration report for WELL 14 Every Five Years Every Five Years 30-JUN-2023 (2E) WELL-30(20E) Calibration report for WELL 30 Every Five Years Every Five Years 30-JUN-2023 (20E) WELL-31 (21 E) Calibration report for WELL 31 Every Five Years Every Five Years 30-JUN-2023 (21 E) WELL-32(22E) Calibration report for WELL 32 Every Five Years Every Five Years 30-JUN-2023 (22E) WELL- 1 (1W) Calibration report for WELL 1 Every Five Years Every Five Years 30-JUN-2023 (1 W) WELL- 16 (6E) Calibration report for WELL 16 Every Five Years Every Five Years 30-JUN-2023 (6E) WELL- 17 (7E) Calibration report for WELL 17 Every Five Years Every Five Years 30-JUN-2023 (7E) WELL- 18 (8E) Calibration report for WELL 18 Every Five Years Every Five Years 30-JUN-2023 (8E) WELL- 19 (9E) Calibration report for WELL 19 Every Five Years Every Five Years 30-JUN-2023 (9E) WELL- 21 (11E) Calibration report for WELL 21 Every Five Years Every Five Years 30-JUN-2023 (11E) WELL-28(18E) Calibration report for WELL 28 Every Five Years Every Five Years 31-AUG-2023 (18E) WELL-4(4W) Calibration report for WELL 4 Every Five Years Every Five Years 31-JUL-2023 (4W) WELL-5 (5W) Calibration report for WELL 5 Every Five Years Every Five Years 31-JUL-2023 (5W) WELL-6 (6W) Calibration report for WELL 6 Every Five Years Every Five Years 31-JUL-2023 (6W) Page 1 of 5 Exhibit No: 3 Page 848 of 1055 Requirement by Permit Condition Report Facility Name Requirement Name Coi Freq Sub Freq Due Date WELL-7(7W) Cali bration report for WELL 7 Every Five Years Every Five Years 30-JUN- { ) (7W) WELL-8(8W) Calibration report for WELL 8 Every Five Years Every Five Years 28-FEB-201 9 (8w) WELL-9(9W) Call bration report for WELL 9 Every Five Years Every Five Years 30-JUN-2023 (9w) WELL- I 1 (11 W) Calibration report for WELL 11 Every Five Years Every Five Years 30-JUN- (11 ) (IIW) WELL- 12 (12W) Calibrabon report for WELL 12 Every Five Years Every Five Years 31-JUL- (1 ) 1-JUL-(12W) WELL- 13(13W) Cali bration report for WELL 13 Every Five Years Every Five Years 31-JUL-2023 (1 3W) WELL- 10(10W) Calibration report for WELL 10 Every Five Year's Every Five Years 30-JUN-2023 (low) WELL-ASR-1 Calibrafion report for WELL ASR- Every Five Years Every Five Years 30-JUN-2023 1 WELL-ASR-2 Calibration report for WELL ASR- Every Five Years Every Five Years 30-JUN-2023 2 WELL- F-I Calibration report for WELL F-I Every Five Years Every Five Years 31-MAY-2019 WELL- F-3 Calibration report for WELL F-3 Every Five Years Every Five Years 31- - 1 9 WELL-F-2 Calibration report for WELL F-2 Every Five Years Every Five Years 31-MAY-2019 Permit Condition No: 18 Permit Condition Code., WUSTDO22-1 Faclift Name Requirement Name Col Freq Sub Freq Due Date WELL- IE Monthly withd rawal for WELL 1E Monthly Quarterly 31-OCT-2018 WELL-20(1 OE) Monthly withdrawal for WELL 20 Monthly Quarterly 31-OCT-2018 (1 OE) WELL-22 (12E) Monthly withdrawal for WELL 22 Monthly Quarterly 31-OCT-2018 REPLACEMENT (12E)REPLACIVIENT WELL-23(13E) Monthly withdrawal for WELL 23 Monthly Quarterly 31- CT-2018 (13E) WELL-24 (14E) Monthly withdrawal for WELL 24 Monthly Quarterly 31-OCT-2018 (14E) WELL-25 (15E) Monthly withdrawal for WELL 25 Monthly Quarterly 31- T-2018 (15E) WELL-26(16E) Monthly withdrawal for WELL 26 Monthly Quarterly 31-OCT-2018 (1 BE) WELL-27(17E) Monthly withdrawal for WELL 27 Monthly Quarterly 31-OCT-2018 (17E) WELL-29(1 9E) Monthly withdrawal for WELL 29 Monthly Quarterly 31-OCT-2018 (1 9E) WELL- 14 (2E) Monthly withdrawal for WELL 14 Monthly Quarterly 31-OCT-2018 (2E) WELL-30 (20E) Monthly withdrawal for WELL 30 Monthly Quarterly 31-OCT-201 8 (20E) WELL-31 (21 E) Monthly withdrawal for WELL 31 Monthly Quarterly 31-OCT-2018 (21 E) WELL-32 (22E) Monthly withdrawal for WELL 32 Monthly Quarterly 31-OCT-2018 (22E) WELL- 1 (11W) Monthly withdrawal for WELL I Monthly Quarterly 31-OCT-2018 (l W) WELL- 16 (6E) Monthly withdrawal for WELL 16 Monthly Quarterly 31-OCT-2018 Page 2 of 5 Exhibit No- 3 Page 849 of 1055 Requirement iCondition Report Facility Name Requirement Name Col Freq Sub Freq Due Date (6E) WELL- 17 (7E) Monthly withdrawal for WELL 17 Monthly Quarterly 31-OCT-2018 (7E) WELL- 18 (SE) Monthly withdrawal for WELL 18 Monthly Quarterly 31-OCT-2018 (8E) WELL- 19(9E) Monthly withdrawal for WELL 19 Monthly Quarterly 31-OCT-2018 (9E) WELL- 21 (11 E) Monthly withdrawal for WELL 21 Monthly Quarterly 31-OCT-2018 (11 E) WELL-28(1 BE) Monthly withdrawal for WELL 28 Monthly Quarterly 31-OCT-2018 (1 BE) WELL-4(4W) Monthly withdrawal for WELL 4 Monthly Quarterly 31-OCT-2018 (4W) WELL-5(5W) Monthly withdrawal for WELL 5 Monthly Quarterly 31-OCT-2018 (5W) WELL-6(6W) Monthly withdrawal for WELL 6 Monthly Quarterly 31-OCT-2018 (6W) WELL-7(7W) Monthly withdrawal for WELL 7 Monthly Quarterly 31-OCT-2018 (7W) WELL-8(8W) Monthly withdrawal for WELL 8 Monthly Quarterly 31-OCT-2018 (8W) WELL-9 (9W) Monthly withdrawal for WELL 9 Monthly Quarterly 31-OCT-2018 (9W) WELL- 11 (11 W) Monthly withdrawal for WELL 11 Monthly Quarterly 31-OCT-2018 (11 W) WELL- 12 (12W) Monthly withdrawal for WELL 12 Monthly Quarterly 31-OCT-2018 (12W) WELL- 13(13W) Monthly withdrawal for WELL 13 Monthly Quarterly 31-OCT-2018 (13W) WELL- 10(10W) Monthly withdrawal for WELL 10 Monthly Quarterly 31-OCT-2018 (10W) WELL-ASR-1 Monthly Recharge for WELL Monthly Quarterly 31-OCT-2018 ASR-1 WELL-ASR-2 Monthly Recharge for WELL Monthly Quarterly 31-OCT-2018 ASR-2 WELL- F-1 Monthly withdrawal for well F-1 Monthly Quarterly 31-OCT-2018 WELL- F-2 Monthly withdraw for well F-2 Monthly Quarterly 31-OCT-2018 WELL-F-3 Monthly withdrawal for well F-3 Monthly Quarterly 31-OCT-2018 WELL-ASR-1 Monthly Withdrawal for WELL Monthly Quarterly 31-OCT-2018 ASR-1 WELL-ASR-2 Monthly withdrawal for WELL Monthly Quarterly 31-OCT-2018 ASR-2 Permit Condition No: 20 Permit Condition Code: WUPS003-1 Facility Name Requirement Name Col Freq Sub Freq Due Date PERMIT Unaccounted for Distribution Yearly Yearly 30-APR-2019 Losses for PERMIT Permit Condition No: 22 Permit Condition Code: WUPWS008-2 Facility Name Requirement Name Col Freq Sub Freq Due Date PERMIT Ten-Year Water Use Compliance EveryTen Years Every Ten Years 31-DEC-2019 Report for CITY OF BOYNTON Page 3 of 5 Exhibit Page 850 of 1055 Requirement by Permit Condition Report Facility Name Requirement Name Col Freq Sub Freq Due Date BEACH PUBLIC WATER SUPP Permit Condition No: 26 Permit Condition Code: WURWFO07-1 Facility Name Requirement Name Col Freq Sub Freq Due Date PERMIT Annual reclaimed water feasibility Yearly Yearly 30-APR-2019 report for PERMIT Pennit Condition NO: 27 Permit Condition Code. WUZZUD001-6 Facility Name Requirement Name Col Freq Sub Freq Due Date PERMIT FAS Wells, RO Plant Construction Yearly Yearly 30-APR-2019 Permit Condition NO: 28 Permit Condition Code: WUZZUD001-1 I Facility Name Requirement Name Col Freq Sub Freq Due Date WELL- BYSEA I Chloride for Well BYSEAl Monthly Quarterly 31-OCT-2018 WELL-BYHP5 Chloride for Well BYHP5 Monthly Quarterly 31-OCT-2018 WELL- BYHP1 Chloride for Well BYHP1 Monthly Quarterly 31-OCT-2018 WELL- BY DIVI-11 Chloride for Well BY DM-1 Monthly Quarterly 31-OCT-2018 WELL- BYMW2E Chloride for Well BYMW2E Monthly Quarterly 31-OCT-2018 WELL- BYHP2 Chloride for Well BYHP2 Monthly Quarterly 31-OCT-2018 WELL-BYHP4 Chloride for Well BYHP4 Monthly Quarterly 31-OCT-2018 WELL-BYSEA2 Chloride for Well BYSEA2 Monthly Quarterly 31-OCT-201 8 WELL- BYFP2S Chloride for Well BYFP2S Monthly Quarterly 31-OCT-2018 WELL-BYDM4 DM-4 Chloride for Well BYDM4 DM-4 Monthly Quarterly 31-OCT-2018 WELL-23 (13E) Chloride for Well 13E Monthly Quarterly 31-OCT-2018 WELL-29(1 9E) Chloride for Well 19E Monthly Quarterly 31-OCT-2018 WELL- 16(6E) Chloride for Well 6E Monthly Quarterly 31-OCT-2018 WELL-8 (8W) Chloride for Well 8W Monthly Quarterly 31-OCT-2018 WELL- 11 (11 ) Chloride for Well 11 W Monthly Quarterly 31-OCT-2018 WELL- I E Chloride for Well I E Monthly Quarterly 31-OCT-2018 WELL- 18 (BE) Chloride for Well BE Monthly Quarterly 31-OCT-2018 WELL-6 (6W) Chloride for Well 6W Monthly Quarterly 31-OCT-2018 WELL- 12(12W) Chloride for Well 12W Monthly Quarterly 31-OCT-2018 WELL-22 (12E) Chloride for Well 12E Monthly Quarterly 31-OCT-2018 REPLACEMENT WELL-25(15E) Chloride for Well 15E Monthly Quarterly 31-OCT-2018 WELL- 14(2E) Chloride for Well 2E Monthly Quarterly 31-OCT-2018 WELL- 21 (11 E) Chloride for Well 11 E Monthly Quarterly 31-OCT-2018 WELL- 10(11 OW) Chloride for Well 10W Monthly Quarterly 31-OCT-2018 WELL-32(22E) Chloride for Well 22E Monthly Quarterly 31-OCT-2018 WELL- 17(7E) Chloride for Well 7E Monthly Quarterly 31-OCT-2018 WELL- 1 (9E) Chloride for Well 9E Monthly Quarterly 31-OCT-2018 WELL-28 (18E) Chloride for Well I BE Monthly Quarterly 31-OCT-2018 WELL-9 (9W) Chloride for Well 9W Monthly Quarterly 31-OCT-201 8 WELL-20(1 OE) Chloride for Well 10 Monthly Quarterly 31-OCT-2018 WELL-24(14E) Chloride for Well 14E Monthly Quarterly 31-OCT-2018 WELL-26(16E) Chloride for Well 16E Monthly Quarterly 31-OCT-2018 WELL-30 (20E) Chloride for Well 20E Monthly Quarterly 31-OCT-2018 WELL-31 (21 E) Chloride for Well 21 E Monthly Quarterly 31-OCT-2018 WELL-1 (1W) Chloride for Well 1W Monthly Quarterly 31-OCT-2018 Page 4 of 5 Exhibit No- 3 Page 851 of 1055 Requirement r i Condition e Facility Name Requirement Name Col Freq Sub Freq Due Date WELL-4(4W) Chloride for Well 4W Monthly Quarterly 31-OCT-2018 WELL-7(7W) Chloride for Well 7W Monthly Quarterly 31-OCT-2018 WELL-27(17E) Chloride for Well 17E Monthly Quarterly 31-OCT-2018 WELL-5(5W) Chloride for Well 5W Monthly Quarterly 31-OCT-2018 WELL- 13(13W) Chloride for Well 13W Monthly Quarterly 31-OCT-2018 WELL-BYMW1 E Ground Water Level for Well Monthly Quarterly 31-OCT-2018 BYMW1 E WELL-BYFP1 N Ground Water Level for Well Monthly Quarterly 31-OCT-2018 BYFPIN WELL-BYSEA 1 Ground Water Level for Well Monthly Quarterly 31-OCT-2018 BYSEA1 WELL-BYHP5 Ground Water Level for Well Monthly Quarterly 31-OCT-2018 BYHP5 WELL-BYHP1 Ground Water Level for Well Monthly Quarterly 31-OCT-2018 BYHP1 WELL-BY DM-1 Ground Water Level for Well BY Monthly Quarterly 31-OCT-2018 DM-1 WELL-BYMW3E Ground Water Level for Well Monthly Quarterly 31-OCT-2018 BYMW3E WELL- BYMW2E Ground Water Level for Well Monthly Quarterly 31-OCT-2018 BYMW2E WELL- BYHP2 Ground Water Level for Well Monthly Quarterly 31-OCT-2018 BYHP2 WELL-BYHP6 Ground Water Level for Well Monthly Quarterly 31-OCT-2018 BYHP6 WELL-BYHP4 Ground Water Level for Well Monthly Quarterly 31-OCT-2018 BYHP4 WELL-BYSEA 3 Ground Water Level for Well Monthly Quarterly 31-OCT-2018 BYSEA3 WELL-BYSEA 2 Ground Water Level for Well Monthly Quarterly 31-OCT-2018 WELL-BYDM4 DM-4 Ground Water Level for Well Monthly Quarterly 31-OCT-2018 BYDM4 DM-4 WELL-BYHP3 Ground Water Level for Well Monthly Quarterly 31-OCT-2018 BYHP3 WELL-BYFP2S Ground Water Level for Well Monthly Quarterly 31-OCT-2018 YFP2S Permit Condition No: 29 Permit Condition Code: WUWC006-1 Facility Name Requirement Name Cot Freq Sub Freq Due Date WELL- BY DM-2 Summary of Abandoned Wells for One time Only One time Only 01-DEC-2018 Well BY DM-2 WELL-BYDM3 DM-3 Summary of Abandoned Wells for One time Only One time Only 01-DEC-2018 Well BYDM3 DM-3 WELL-BYDM5 DM-5 Summary of Abandoned Wells for One time Only One time Only 01-DEC-2018 Well BYDM5 DM-5 WELL-BYSMI SM-1 Summary of Abandoned Wells for One time Only One time Only 01-DEC-2018 Well BYSM1 SM-1 Page 5 of 5 Exhibit No: 3 Page 852 of 1055 APPENDIX B INTERLOCAL AGREEMENT BETWEEN PALM BEACH COUNTY AND CITY OF BOYNTON BEACH Smith B-1 ©CDM Smith 2020 361790-241252.03.12 Page 853 of 1055 Page 854 of 1055 1 RESOLUTION NO. R13-087 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, APPROVING AND AUTHORIZING THE CITY 5 MANAGER AND CITY CLERK TO EXECUTE A SECOND 6 AMENDMENT TO THE INTERLOCAL AGREEMENT 7 BETWEEN PALM BEACH COUNTY AND THE CITY OF 8 BOYNTON BEACH FOR THE PURCHASE AND SALE OF 9 BULK POTABLE WATER; AND PROVIDING AN 10 EFFECTIVE DATE. 11 12 WHEREAS, the City Commission approved an Agreement dated December 21, 13 2004, for the purchase and sale of bulk potable water; and 14 WHEREAS, the City of Boynton Beach and Palm Beach County amended that 15 Agreement in 2007 and is due to expire on December 31, 2013; and 16 WHEREAS, this second amendment will allow the City to maintain a permanent 17 capacity of 1 million gallons per day (MGD) of the County's potable water system; and 18 WHEREAS, the City Commission of the City of Boynton Beach, upon 19 recommendation of staff, deems it to be in the best interests of the residents and citizens of 20 the City of Boynton Beach to approve the Second Amendment to the Interlocal Agreement 21 between the City of Boynton Beach and Palm Beach County for the Purchase and Sale of 22 Bulk Potable Water. 23 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 24 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 25 Section 1. Each Whereas clause set forth above is true and correct and 26 incorporated herein by this reference. 27 Section 2. The City Commission of the City of Boynton Beach, Florida, hereby 28 approves and authorizes the City Manager and City Clerk to execute the Second Amendment 29 to the Interlocal Agreement between Palm Beach County and City of Boynton Beach for the \\apps3 city cbb\auto\Data\183\Items\175\2537\3342\Reso__ILA_PBC=2nd_Amendment_Bulk_Potable_water_(2013)doc Page 855 of 1055 11 1 Purchase and Sale of Bulk Potable Water, which Second Amendment is attached hereto as 2 Exhibit "A". 3 Section 3. That this Resolution shall become effective immediately upon 4 passage. 5 PASSED AND ADOPTED this 20th day of August, 2013. 6 7 CITY OF BOYNTON BEACH, FLORIDA 8 9 ✓ . 10 M - Jerry Tdyior 11 12 13 tcetao! ow L. Hay 14 1516 Commssioiner favid T. Merker 17 18 19 Com ssioner— icha itzpatrick 20 21 22 Com ssioner—Joe Casello 23 ATTEST: 24 25 26 27 Ptyy . Prainito, MMC 28 erk 29 „ - 30 I j 31 0 date Seal) \�y 32 33 �® 34 35 \\apps3 city cbb\auto\Data\183\Items\175\2537\3342\Reso_=ILA_PBC=2nd_Amendment_Bulk_Potable_Water—(201 3)doc Page 856 of 105 R13-087 SECOND AMENDMENT TO THE INTERLOCAL AGREEMENT BETWEEN PALM BEACH COUNTY AND THE CITY OF BOYNTON BEACH FOR THE PURCHASE AND SALE OF BULK POTABLE WATER THIS SECOND AMENDMENT mal ZfenT11ered mtS tV 8 daegf 2 2 2013 ,2013,by and between PALM BEACH COUNTY, a political subdivision of the State of Florida (hereinafter "County"),and the CITY OF BOYNTON BEACH,FLORIDA,a municipality organized under the laws of the State of Florida(hereinafter"City"). WITNESSETH WHEREAS, Section 163.01, Florida Statutes,known as the "Florida Interlocal Cooperation Act of 1969" authorizes local governments to make the most efficient use of their powers by enabling them to cooperate with other localities on a basis of mutual advantage and thereby to provide services and facilities that will harmonize geographic, economic, population and other factors influencing the needs and development of local communities;and. WHEREAS, the parties entered into an Interlocal Agreement for the Purchase and Sale of Bulk Potable Water on 12121104(the"Agreement");and WHEREAS,the parties amended the Agreement on October 2,2007(the"First Amendment");and WHEREAS, in accordance with the First Amendment,the City paid to the County$2,910,000.00 for the reservation of permanent Potable Water capacity;and WHEREAS, the Interlocal Agreement, as amended by the First Amendment, will expire on December 31,2013;and WHEREAS, the parties desire to amend the Interlocal Agreement in order to: continue the provision of bulk Potable Water by the County to the City subsequent to December 31,2013;apportion the costs of construction of a new point of connection between the parties;and provide for emergency potable water service between the parties. NOW, THEREFORE, for and in consideration of these premises, the mutual undertakings and agreements herein contained and assumed,County and City hereby covenant and agree as follows: 1. The foregoing statements are true and correct. 2. The provisions of this Second Amendment shall become effective on January 1,2014. 3. Section 2 of the Agreement is hereby modified to reflect a new termination date of December 31,2043. 4. Section 4 of the Agreement is hereby amended to add the following definition: "Points of Connection" - the locations where the County's Potable Water System is connected with the City's Potable Water System,as shown in Revised Exhibit"A",which is attached hereto and incorporated herein. At each Point of Connection,the County's and the City's Potable Water Systems shall include the vault, meters, and related appurtenances located on each party's respective side of the Point of Connection, with said water meters being utilized for the measurement and payment of bulk Potable Water obtained by the City and the measurement and payment of Potable Water provided on an emergency basis between the parties. For the Existing Point of Connection located approximately at the _::tergtCti�.,of Fla.��;.-Dirt Road 3n`1 that\jJT)Il F_3 Canal the p��int cif�{PlinPatinn hetiA D the County's Potable Water System and the City's Potable Water System shall be the mid- point between the check valve and 8 inch meter located inside the vault, as shown on as- built No. 2527, Project No. WUD 95-201, which is kept in the County's records. For the Existing Point of Connection located approximately at the intersection of Boynton Beach Boulevard and the LWDD E-3 canal,the point of delineation between the County's Potable Water System and the City's Potable Water System shall be the mid-point between the check valve and 8 inch meter located inside the vault,as shown on plans dated August 2002 and titled " PBCWUD Water Main Interconnect at West Water Treatment Plant" which is kept in the City's records. For the New Point of Connection, the point of delineation between the County's Potable Water System and the City's Potable Water System shall be as identified in the drawings prepared by Kimley-Ilorn for Project No.WUD 12-548,which are kept in the County records. 1 Page 857 of 1055 5. Section 7 of the Agreement hereby deleted in its entirety and replaced with the following: 7. Capacity Reservation. City has pard the Capacity Fee for 1 MGD of permanent capacity in the County's Potable Water System. County shall provide up to I MGD of Potable Water to the City for the term of this Agreement, at the Commodity Rate set forth in Section 8 below. There is no required minimum take-or-pay for this Agreement, nor is the County under any obligation to provide Potable Water over the I MGD permanent capacity reservation. Beginning on January 1,2015,and for each calendar year thereafter,the County shall calculate the amount of bulk Potable Water delivered to the City for the prior calendar year, and a 25% surcharge shall be added to the Commodity Fee for usage exceeding 105% of the Reserved Capacity in any fiscal year. The provisions of this surcharge shall not be applied to the emergency provision of Potable Water in accordance with Section 13 below. The City may, at any time during this Agreement, reserve additional permanent capacity by paying the Capacity Fee in effect at that time. 6. Section 8 of the Agreement is hereby deleted in its entirety and replaced with the following: 8. Commodity Fee. The initial Commodity Fee as of January 1,2014,shall be$1.42 per thousand gallons. Beginning on January 1,2015,and for each calendar year thereafter,the Commodity Fee shall be adjusted upward by an amount equal to prior year's (measured October to October) Consumer Price Index, all Urban Consumers, Water and Sewerage Maintenance, published by the U.S. Department of Labor, Bureau of Labor Statistics ("CPI")or some other mutually agreed-upon index if the CPI is discontinued,but in no case shall the escalation exceed three percent(3%)annually. 7. Section 13 of the Agreement is hereby deleted in its entirety and replaced by the following: 13.1 Emergency Potable Water Interconnects. In addition to the provision of bulk Potable Water, as set forth in Sections 7 and 8 herein, the Points of Connection may be utilized for the provision of emergency Potable Water between the parties in accordance with the terms of this Section 13. The use of the Points of Connection for emergency purposes shall be utilized only in the case of an emergency and shall not be a substitute for the sale of bulk Potable Water. 13.2 Costs of New Point of Connection. The costs of design and construction of the New Point of Connection, which is depicted on Revised Exhibit A, shall be equally shared between the County and the City. The construction shall include the extension of the County's and the City's pipelines to the New Point of Connection, and the meters, vaults, and other necessary appurtenances for the connection between the County's Potable Water System and the City's Potable Water System. Each party shall own their respective facilities up to the New Point of Connection and shall be responsible for operation, maintenance,repair and replacement as necessary. 13.3 The Director of Palm Beach County Water Utilities Department is authorized to act on behalf-of the County and the Utilities Director of the City of Boynton Beach e —is authorized to act on behalf of the City. In case of an emergency, the requesting party's representative shall provide written or verbal notice to the supplying party's representative setting forth the emergency and the estimated flowage and time of use. If said communication is made verbally, same shall be immediately followed by a written communication. Notwithstanding the provisions of Section 13.3.6, turning off the valves shall be handled by the same procedure. No supply of Potable Water shall be provided except in the case of an emergency and upon the following terms and conditions to be dete.-pined by the s,l plyu,g _--Y- 13.3.1 There must be a sufficient surplus of Potable Water available to meet all the anticipated needs of the supplying party. 13.3.2 The supplying party may reasonably limit the amount of Potable Water to be supplied. 13.3.3 The supplying party determines that the provision of Potable Water to the receiving party will not impose a danger to the health, safety or welfare of its citizens. 13.3.4 The supplying party may reasonably limit the hours or days of supply. 2 Page 858 of 1055 13.3.5 The supplying party may require the receiving party to impose use restrictions on its customers prescribed by the supplying party. ' 13.3.6 With prior written notice to the receiving parry the supplying party may place a reasonable termination date for the emergency supply period. 13.4 Charges for metered Potable Water use through the Points of Connection shall be at the prevailing commodity rate in effect for non-residential customers at the time of furnishing Potable Water,with no capacity or fixed charges. Either rate is subject to change based on legal authority of the appropriate governing body. When Potable Water is utilized, the meter or meters shall be read concurrently by the County and City on approximately the first of each month. Payment by the user to the supplier for Potable Water shall be in accordance with Section 15 herein. 13.5 County and City expressly acknowledge the right of either party to refuse to provide emergency Potable Water service,if the party refusing determines that the provision of such service would not be in its best interest or would constitute a danger to the health, safety, welfare of its citizens. In the event of such a refusal, the requesting party agrees to waive any and all claims of loss or damage against the refusing party. 8. All other provisions of the Agreement are hereby confirmed and shall remain in full force and effect. (THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK) 3 Page 859 of 1055 IN WITNESS WHEREOF,County and City have executed or have caused this Second Amendment to be duly executed in several counterparts,each of which counterpart shall be considered an original executed copy of this Second Amendment. n 2 O 1 3 1438 ATTEST: XT 12 2M Sharon R.Bock,Clerk and Comptroller PALM BEACH COUNTY, BY ITS BOARD OF COUNTY CORS By. Cp ,,r4 BY O tov Clerk • t �'+r Steven L.Abrams,May 0i COUNTY Cn �LOA10P 'd) (SEAL) 2 Iae .� APPROVED AS TO FORM AN�'�O APPROVED AS TO TERMS AND LEGA FICIEN Y. CONDITI/O'NS By: By:_/ unty me Direcfbr of Vatei,fftilities ATTEST: CITY OF BOYNTON BEACH,FLORIDA By: ___� By: (Clerit ` m APPROVED AS Ty FORM AND T LEGAL SUA IC .NC By: $ ., City ttorney W MCD C:) e c W 'Iy 4 Page 860 of 1055 i C J G. N F C (r v , / w cre 1 i r ' � r o C � s o 4 O G i a 111 � F _ ___---_ _-_- - - --- _ ----- - `*T lai W. •�'vi ..w � S i .4� c J r ry �� ` At Page 861 of 1055 Y *F ROYN f 0H IEAGN a ITY CLEF....,. TC Water Utilities Department Contract Management P o Box 16097 October 29, 2013 West Palm Beach,FI 33416-6097 (561)493-6000 Fax (561)493-6060 The City of Boynton Beach City Clerk's Office www pbcwater com Attention: Janet M. Prainito, MMC 100 E Boynton Beach Blvd. Boynton Beach, FL 33435 RE: Second Amendment to the ILA between Palm Beach Palm Beach County County and the City of Boynton Beach for the purchase Board of County Commissioners and sale of Bulk Potable Water Steven L Abrams,Mayor Priscilla A Taylor,Vice Mayor Dear Ms. Prainito: Hat R Valeche Attached for your files is one fully executed original of the Paulette Burdick Second Amendment for the purchase and sale of Bulk Potable Shelley Vana Water approved by the Board of County Commissioners on Mary Lou Berger October 22, 2013. Jess R Santamana If you have any questions, you may contact me. Sincerely, V�Za4a4a.>01 ,4� County Administrator Sandra L. Smith Robert Weisman Contract Management Specialist Attachment "An Equal Opportunity Affirmative 9ction Employer" Page 862 of 1055 APPENDIX C 10-YEAR CAPITAL IMPROVEMENT PROGRAM Smith c-1 ©CDM Smith 2020 361790-241252.03.12 Page 863 of 1055 Page 864 of 1055 O O O O O O O O O O O O O O O O O O O ,y O O o O O O O O O O O O O O O O O O O O O O O O o 0 o O O O O O O O O O O O O O O O O 0 0 �/1 m 0 0 �/1 O o O O�/1 O m 0 00 _ 0 O O O OO O O O 0 0 0 0 0 0 O O O O O O O O O O O O O O O 0 0 0 0 0 0 O O O O O O O O O O O O O O O 0 0 0 0 0 0 O O O O O O O O O O O OO O �/1 O O O O �/1 O O O O O IO m O O O I O N O O N O h OO O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O 1 O m 0 O O N O O O O O O O O 0 0 0 0 0 0 0 O O O O O O O O O O O O O O 0 0 0 0 0 0 0 O O O O O O O O O O O O O O 0 0 0 0 0 0 0 O O O O O O O OO O O O O �/1 O O O O �/1 vl O O O IO m 0 O O O I O h N O O OO O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O OO O O O �/1 O O O �/1 O O O 1O m 0 O O N O O OO O O O O 0 0 0 0 0 0 O O O O O O O O O O O O O O O 0 0 0 0 0 0 O O O O O O O O O O O O O O O 0 0 0 0 0 0 O O O O O O O O o o o o o o �/1 0 0 0 0 0 �/1 0 0 0 1 o O m o O O I O m N O O OO O O O 0 0 0 0 0 0 0 O O O O O O O O O O O O O O O 0 0 0 0 0 0 0 O O O O O O O O O O O O O O O 0 0 0 0 0 0 0 O O O O OO O O O . 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O �/1 O O O O O mLri O j U N o o o o o o o o o o o o o o o o o o o o o o O o o o o 0 0 0 0 0 0 0 L 0 0 0 o �/1 o o o o o a o o � oI oom a � U O p N O N W v v v v v v v v v v v v v v v v ` c3 � c3 c3 c3 c3 c3 � c3 c3 c3 c3 c3 � c3 � (6 a E E E E E E E E E 3 3 3 a s w E E E „ — 3 0 E O V O � m T � O � E O mo W O W 0 E' ; p E v 2 o" w rc 3 � o M K E h EE O c O J p E 0 W W - T O m K O 3 N W O m N ; V y y W E .0 - - um - O ON m K W 3 O W Q o ° s E m w m y E O `m V 'n O E v `O c O -O F dwm Ul K l7 K Z: CITY OF BOYNTON BEACH COMPREHENSIVE PLAN UTILITIES ELEMENT (LAST AMENDED SEPTEMBER 15, 2020) Page 867 of 1055 Table of Contents Objective Page Sanitary Sewer Sub-Element 3A.1 Secure reserve capacity at the South Central Regional Wastewater Treatment andDisposal .................................................................................................................3-1 3A.2 Adequate and efficient collection and transmission services based on the City's wastewater master plan....................................................................................3-2 3A.3 Minimize wastewater influent and utilize irrigation quality effluent ..................3-3 3A.4 Funding sanitary sewer system capital improvements, and operation and maintenancecosts ........................................................................................................3-3 3A.5 Prevention of urban sprawl.........................................................................................3-4 3A.6 Capital Improvements Program.................................................................................3-4 Stormwater Management Sub-Element 313.1 Sufficient stormwater drainage facilities...................................................................3-5 313.2 Protection of surface water and groundwater from stormwater runoff...............3-7 313.3 Prevention of urban sprawl.........................................................................................3-8 313.4 Protection of natural drainage features .....................................................................3-8 Potable Water Sub-Element 3C.1 Water demands through buildout..............................................................................3-9 3C.2 Adequate potable water distribution services........................................................3-11 3C.3 Options to implement water conservation..............................................................3-11 3C.4 Funding for Capital Improvements .........................................................................3-12 3C.5 Prevention of Urban Sprawl....................................................................................3-12a 3C.6 Capital Improvements Program.............................................................................3-12a 3C.7 Implementation of the Water Supply Facilities Plan..................................3-12b City of Boynton Beach 3-i Date:August 19,2008 Comprehensive Plan Utilities Element Amendments 08-1 Ordinance No.08-007 Page 868 of 1055 Objective: Page Natural Groundwater Aquifer Recharge Sub-Element 3D.1 Protect and maintain of aquifer recharge areas......................................................3-13 Solid Waste Sub-Element 3E.1 Solid waste generation level of service....................................................................3-14 3E.2 Solid waste collection and delivery system ............................................................3-14 3E.3 Recycling goal..............................................................................................................3-14 3E.4 Litter/hazardous waste .............................................................................................3-15 3E.5 Illegal dumping and littering....................................................................................3-15 3E.7 Prevention of Urban Sprawl......................................................................................3-15 City of Boynton Beach 3-ii Date:August 19,2008 Comprehensive Plan Utilities Element Amendments 08-1 Ordinance No.08-007 Page 869 of 1055 City of Boynton Beach Utilities Element Goals, Objectives, and Policies Sanitary Sewer Sub-Element Goal 3A The City of Boynton Beach shall secure adequate capacity for treatment and disposal of wastewater, install and maintain adequate wastewater collection and transmission facilities, take steps to minimize wastewater flows, and maintain sufficient and equitable financing to provide services for the sanitary sewer system's customers. Objective 3A.1 Under the auspices of the interlocal agreement, the City of Boynton Beach will seek to secure reserve capacity at the South Central Regional Wastewater Treatment and Disposal Facilities that is adequate to serve the City's needs Measurability: Increase in capacity reserved by the City. Policy 3A.1.1 The City shall maintain the adopted Level of Service Standard based on the provision of service at a level equal to at least 100 gallons per capita per day maximum month average daily flow for peak population. Policy 3A.1.2 The City will continue to coordinate and renegotiate the existing agreement with the South Central Regional Wastewater Treatment and Disposal Board to secure wastewater treatment and disposal capacity equal to the flows estimated in the City's wastewater master plan as often as necessary. Policy 3A.1.3 The City shall permit development with individual septic tanks only in areas not served by City sewer for densities of 1 dwelling unit per acre or less. Policy 3A.1.4 The City shall continue to participate in and support the State's policy to eliminate the discharge of inadequately treated wastewater into the waters of the state. City of Boynton Beach 3-1 Date:June 16,2015 Comprehensive Plan Utilities Element Amendments 15-1 Ordinance No.15-011 Page 870 of 1055 Objective 3A.2 The City Of Boynton Beach will provide adequate and efficient collection and transmission services to residential and non-residential customers, both inside and outside the City limits, adequate to meet flows projected in the City's wastewater master plan. Measurability: Improvements to the collection and transmission systems consistent with the objective. Policy 3A.2.1 The City shall size new collection and transmission facilities to meet buildout conditions, and include known redevelopment plans. Policy 3A.2.2 The City shall continue to implement an annual maintenance program that will identify and prioritize system needs for renewal, replacement, and betterment. Capital improvements considered necessary to maintain the system in good working condition will be made on a timely basis. Policy 3A.2.3 The City shall update the master plan for facility expansion as needed, based upon development and growth. Policy 3A.2.4 The City shall require that approved new developments will install sewer lines according to City specifications in order to receive development approval. The new lines will, in most cases, be deeded to the City. Policy 3A.2.5 The City shall continue to require that new development will pay for its fair share of existing or planned capital facilities through a connection charge system. City of Boynton Beach 3-2 Date:June 16,2015 Comprehensive Plan Utilities Element Amendments 15-1 Ordinance No.15-011 Page 871 of 1055 Objective 3A.3 The City of Boynton Beach will minimize wastewater influent resulting from infiltration and inflow; and will conserve potable water by utilizing irrigation quality effluent where practicable. Measurability: Number of improvements to the system consistent with the objective. Policy 3A.3.1 The City shall strive to increase the average annual daily flow to the Central Regional Wastewater Treatment Plant up to 90% of the average flow from the water treatment plants as further conservation measures such as increased use of reuse water take effects. Policy 3A.3.1 The City shall continue to monitor infiltration and inflow to determine rates and locations. Where economically feasible, system improvements will be made to reduce these levels. Policy 3A.3.2 The City will continue to expand its reclaimed water system distribution network from the reuse main located west of the City's Boundary into Boynton Beach to serve additional large users and continue to reduce potable water usage for irrigation. Objective 3A.4 The City of Boynton Beach will fund sanitary sewer system capital improvements, replacement and rehabilitation, and operation and maintenance costs such that these costs are borne by customers of the system on the basis of the cost-of-service. Measurability: Number of sanitary sewer capital improvements projects financed with enterprise funds. Policy 3A.4.1 The City shall operate the sanitary sewer system as an enterprise, such that all costs will be borne by utility customers, and revenues will be used for the benefit of those customers. The rate schedule for sanitary sewer services will be based on public utility cost-of-service principles. Policy 3A.4.2 The City shall require that costs for the extension of service to new customers will be borne to the maximum extent possible by these new customers through a Capital Facilities Charge system. Policy 3A.4.3 The City shall establish a reserve fund for routine system renewal and replacement to be maintained at a level equal to the level required by bond covenants or greater. Objective 3A.5 The City will prevent urban sprawl by requiring orderly, compact development of the sanitary sewer service area. City of Boynton Beach 3-4 Date:June 16,2015 Comprehensive Plan Utilities Element Amendments 15-1 Ordinance No.15-011 Page 872 of 1055 Measurability: Expansion of the system only when consistent with the objective. Policy 3A.5.1 The City will encourage infill development and redevelopment only in areas presently served adequately by sanitary sewer facilities. Policy 3A.5.2 The City will extend sanitary sewer facilities through the service area in a systematic fashion. Services will be extended outside the City municipal limits up to one mile, as needed, in order to provide urban services within the City's franchise area. Policy 3A.5.3 The City will discourage urban sprawl by requiring all approved new development to pay the full cost of extending sanitary sewer facilities. Thus, the development of remote parts of the service area will be more expensive than compact development. Objective 3A.6 The program to eliminate existing deficiencies according to the capital improvement schedule presented in the Capital Improvements Element shall be maintained. Measurability: Number of projects in the Capital Improvements Schedule consistent with the objective. Policy 3A.6.1 The City shall follow established priorities for replacement, correcting existing deficiencies, and providing for future needs. The need shall be determined by the Utilities Department through a master planning process. The priorities shall be reflected in the Capital Improvements Element such that the improvements needed first shall be implemented first. Issues related to public health shall receive first priority, issues related to providing the adopted level of service shall receive second priority, and all other issues shall be implemented as needed to keep the system operationally efficient. City of Boynton Beach 3-5 Date:June 16,2015 Comprehensive Plan Utilities Element Amendments 15-1 Ordinance No.15-011 Page 873 of 1055 Stormwater Management Sub-Element Goal 3B The City of Boynton Beach will secure, maintain, and finance adequate stormwater drainage facilities to provide protection from flooding to prevent degradation of the quality of receiving waters, and to meet the requirements of designated land uses. Objective 3B.1 The City of Boynton Beach will continue to require and enforce standards of the South Florida Water Management District and the Lake Worth Drainage District such that sufficient stormwater drainage facilities to address existing deficiencies, minimize damage to public and private property, protect surface and groundwater quality and quantity, and meet future needs are constructed and maintained in the City limits. Measurability: Number of stormwater drainage facility improvements made consistent with the objective. Policy 3B.1.1 The City shall enforce the adopted Level of Service Standard for drainage facilities requiring designs for a 3-year storm for the duration of the time of concentration of the watershed. Policy 3B.1.2 The City shall construct new stormwater drainage facilities to eliminate deficiencies in the existing system-if they become necessary. Facilities and projects needed will be specified in the stormwater basin plans. Policy 3B.1.3 The City shall continue to enforce the land development regulations requiring the provision of adequate stormwater drainage facilities in all land use and zoning decisions. • All new development must meet South Florida Water Management District and Lake Worth Draiage District, or City of Boynton Beach requirements for drainage facilities, whichever is more stringent. • First floor flooding will be minimized by requiring that first floor elevations be set at, or above, the level of the 100 Year Flood Elevation. Policy 3B.1.4 The City shall continue to maintain stormwater drainage plans for the various stormwater basins to identify and prioritize needs for City of Boynton Beach 3-6 Date:August 19,2008 Comprehensive Plan Utilities Element Amendments 08-1 Ordinance No.08-007 Page 874 of 1055 expansion, replacement, and improvement to the stormwater system in the City. Policy 3B.1.4 The City shall continue to maintain stormwater drainage plans for the various stormwater basins to identify and prioritize needs for expansion, replacement, and improvement to the stormwater system in the City. Policy 3B.1.5 The City will continue to coordinate with the Lake Worth Drainage District, the South Florida Water Management District and Palm Beach County, as appropriate, on stormwater planning and management issues. Policy 3B.1.6 The City shall consider that drainage problems that cause street flooding, first floor structure flooding, or traffic hazards will be priority projects and will be corrected as soon as funds become available. Policy 3B.1.7 The City shall not consider nuisance flooding as a priority drainage problem. Policy 3B.1.8 The City shall continue to provide a regular program of street cleaning. Policy 3B.1.9 The City shall continue to clean miscellaneous facilities such as open ditches on an as needed basis. Policy 3B.1.10 Drainage facilities owned by the South Florida Water Management District, Lake Worth Drainage District, Florida Department of Transportation, or Palm Beach County that are in the City shall continue to be maintained by the entity that owns them. The City will inform and cooperate with these entities as they repair or maintain their structures in the City. Policy 3B.1.11 The City shall consider priorities for replacement, correcting existing deficiencies, and providing for future needs. The need shall be determined by the City through a stormwater basin planning process. The priorities shall be reflected in the Capital Improvments Element such that the improvements of highest priority shall be implemented first, in order to provide for public health and safety, the adopted level of service, and operational efficiency. City of Boynton Beach 3-7 Date:August 19,2008 Comprehensive Plan Utilities Element Amendments 08-1 Ordinance No.08-007 Page 875 of 1055 Policy 3B.1.12 The City shall continue to implement the strategies of the stormwater basin plans. Objective 3B.2 The City of Boynton Beach will protect the quality and quantity of surface water and groundwater from direct discharges of stormwater runoff. Measurability: Number of improvement projects to prevent direct discharges of stormwater runoff. Policy 3B.2.1 The City shall continue to meet land development regulations requiring water quality criteria for drainage discharge set by the South Florida Water Management District and Lake Worth Drainage District. Policy 3B.2.2 The City shall continue to monitor its drainage charge system fees to ensure that new approved development will pay its fair share of existing or planned capital facilities in accordance with the Stormwater Basin Plans. Policy 3B.2.3 The City shall continue to enforce the land development regulations requiring that rainwater runoff be minimized by maximizing infiltration by percolation into grassy swales, medians, golf courses, landscape areas, nurseries, parks, lawns, etcetera. Policy 3B.2.4 The City shall continue to enforce the land development regulations requiring exfiltration drains be used to alleviate small drainage problems in currently developed areas whenever possible. Policy 3B.2.5 The City shall continue to enforce the land development regulations requiring that all new development plans must have approval or letter of exemption from the South Florida Water Management District and Lake Worth Drainage District. Policy 3B.2.6 The City shall continue to enforce the land development regulations requiring that all new development will have approved detailed construction plans that include drainage facilities and identify all nearby areas of groundwater recharge. Policy 3B.2.7 The City shall continue to enforce the land development regulations requiring that retention and/or detention in new City of Boynton Beach 3-8 Date:August 19,2008 Comprehensive Plan Utilities Element Amendments 08-1 Ordinance No.08-007 Page 876 of 1055 developments will conform to the water quality requirements of Chapter 62-25, Florida Administrative Code. Policy 3B.2.8 The City shall continue to enforce the land development regulations requiring that the stormwater storage and recharge potential of properties shall be retained and enhanced, where possible,. Policy 3B.2.9 The City shall continue to enforce the land development regulations requiring that post development runoff volumes shall not exceed pre-development runoff volumes, wherever possible. .Objective 313.3 Development and redevelopment will be encouraged in areas presently served adequately by existing drainage facilities in order to prevent urban sprawl. Measurability: Number of infill development and redevelopment projects approved consistent with the objective. Policy 3B.3.1 The City shall continue to enforce the land development regulations maintaining a stormwater charge system so that new development will pay for its fair share of existing or planned capital facilities in accordance with the Stormwater Basin Plans. Objective 313.4 The stormwater drainage regulations contained in the City's land development code shall provide for protection of the City's natural drainage features, which are the Atlantic ocean, the Intracoastal Waterway, and Lake Worth; and shall ensure that future development utilizes stormwater management systems compatible with the City's stormwater management sub-element. Measurability: Number of development orders or building permits denied for inconsistency with the objective. Policy 3B.4.1 The City shall continue to enforce the land development regulations requiring that new developments manage runoff from a three day, 25 year storm. City of Boynton Beach 3-9 Date:August 19,2008 Comprehensive Plan Utilities Element Amendments 08-1 Ordinance No.08-007 Page 877 of 1055 Potable Water Sub-Element Goal 3C The City shall secure and maintain adequate potable water treatment and distribution facilities, take steps to minimize increases in demands, and maintain sufficient and equitable financing measures to provide services to potable water system customers. Objective 3C.1 The City of Boynton Beach will secure raw water supplies and treatment capabilities sufficient to meet water demands for existing needs and through buildout. Buildout needs are estimated to be 32 mgd, measured in terms of maximum daily flow. Measurability: Maintenance of raw water supplies and treatment capabilities at levels consistent with the objective. Policy 3C.1.1 The City shall maintain its per capita average day water usage at the current 1-5- 131 gpcd or less through continuous implementation of water conservation programs, distribution loss reduction and reclaimed water projects. Policy 3C.1.2 The City will maintain the program to replace aging water distribution infrastucture to reduce system water loss. The City will also continue to expand its reuse distribution system to connect large users as determined in the Consumptive Use Permit. Policy 3C.1.3 The City shall implement a replacement of potable water use with reclaimed water for irrigation purposes. Policy 3C.1.4 The City shall continue the implementation of water conservation programs A through H as described in the Water Conservation Chapter of the WSFWP. In particular, the City will step up its school-targeted educational programs. Measurability: The City will monitor and measure the outcome of the water conservation programs and related activities that are intended to conserve water resource through the applicable conditions as required by the SFWMD Consumptive Use Permit. Policy 3C.1.5 The City shall ee-R�_ �maintain the Level of Service standard of 2 154 gallons maximum daily flow per capita of peak population for water supply and treatment. City of Boynton Beach 3-10 Date:June16,2015 Comprehensive Plan Utilities Element Amendments 15-1 Ordinance No.15-011 Page 878 of 1055 Policy 3C.1.6 The City shall continue to maintain the raw water supply production capacity to meet maximum day demands with the largest operating well out of service. Policy 3C.1.7 The City shall expand and maintain water treatment facilities that produce potable water of sufficient quality to meet all applicable Federal and State regulatory requirements. Policy 3C.1.8 The City shall ensure that the capacity of the treatment facilities will be sufficient to provide the standard level of service to the estimated peak population with the system's largest unit process out of service. (A unit process is a technical term for a functional set of equipment in the plant.) Policy 3C.1.9 The City shall require that new water treatment facilities will be sized to meet buildout potable water demands, estimated to be 32 mgd, maximum day flow. Policy 3C.1.10 The City shall require that all new and existing structures connect to public, regional, or municipal water and wastewater systems when such systems become available. Policy 3C.1.11 The City shall not permit new development with individual private wells Policy 3C.1.12 The City shall require that all City owned water supply wells in the Boynton Beach service area shall be metered. Policy 3C.1.13 The City shall permit no activity that would result in the degradation or over-utilization of potable water resources. Policy 3C.1.14 The City shall continue to protect present and future potable water wellfield locations identified in the Water Supply Plan to assure that water resources are not negatively impacted by development, excessive draw down, or saltwater contamination through implementation of the Palm Beach County Wellfield Protection Ordinance. Objective 3C.2 The City of Boynton Beach will provide distribution services to its potable water customers that are adequate to meet flow levels projected in the City's Water System Modeling Study. Measurability: Number of potable water system distribution improvements made consistent with the objective. City of Boynton Beach 3-11 Date:June16,2015 Comprehensive Plan Utilities Element Amendments 15-1 Ordinance No.15-011 Page 879 of 1055 Policy 3C.2.1 The City will implement the capital improvements to the potable water distribution system described in the 5-Year Capital Improvements Schedule. Policy 3C.2.2 The City shall prioritize system needs for renewal, replacement, and betterment. Capital improvements considered necessary to maintain the system in good working condition will be made on a timely basis. Policy 3C.2.3 The City shall ensure that new distribution facilities will be sized to meet buildout conditions, including redevelopment. Policy 3C.2.4 The City shall continue to update and implement the Water System Modeling Study for distribution system expansion as needed based upon development and projected growth. Objective 3C.3 The City of Boynton Beach will continue to consider options to implement water conservation such as rate structures, aquifer storage and recovery, reuse and education. Measurability: Number of options considered and implemented. Policy 3C.3.1 The City shall continue to annually advise water users in Boynton Beach , during the dry season, to reduce potable water usage for landscape irrigation, and to properly time irrigation activities. Policy 3C.3.2 The City shall continue to enforce all water use restrictions consistent with any water shortage or water shortage emergency declared in accordance the South Florida Water Management District Water Shortage Plan. Policy 3C.3.3 The City shall continue to utilize a water conservation rate structure to discourage excessive water use. Conservation will be further encouraged by using potable water flows in the development of sanitary sewer charges. Policy 3C.3.4 The City shall continue to encourage uses of non-potable water, including groundwater and treated wastewater effluent, for landscape irrigation where possible. (See Policy 3A.3.3). Policy 3C.3.6 The City shall continue to implement programs requiring or encouraging the use of water saving devices_for irrigation systems, and plumbing fixtures in the City's service area. City of Boynton Beach 3-12 Date:June16,2015 Comprehensive Plan Utilities Element Amendments 15-1 Ordinance No.15-011 Page 880 of 1055 Objective 3C.4 The City of Boynton Beach will operate its potable water system in such a way that all capital improvements, replacement and rehabilitation, and operation and maintenance costs such that costs are borne by system customers on the basis of the cost-for- service. Measurability: Number of capital improvements to the potable water system fincanced with enterprise funds. Policy 3C.4.1 The City shall continue to operate the potable water system as an enterprise, such that all costs will be borne by water utility customers, and revenues will be used for the benefit of those customers. The rate schedule for water services will be based on public utility cost-of-service principles. Policy 3C.4.2 The City shall continue to require that costs for the extension of service to new customers will be borne to the maximum extent possible by those new customers through a capital facilities charge and connection charge system. Policy 3C.4.3 The City shall continue to maintain a reserve fund for routine system renewal and replacement at the level required by bond covenants or greater. Policy 3C.4.4 The City shall continue to require that new developments install water lines according to City specifications in order to receive development approval. The new lines will in most cases be deeded to the City. Objective 3C.5 The City will continue to prevent urban sprawl by requiring orderly, compact development of the potable water service area as it approaches buildout. Measurability: Expansion of the potable water service area only when consistent with the objective. Policy 3C.5.1 The City shall continue to encourage infill development and redevelopment only in areas presently served adequately by potable water facilities. Policy 3C.5.2 The City shall only extend potable water facilities through the service area in a systematic fashion. Services will not be extended more than one mile to ensure service within the franchise area. City of Boynton Beach 3-13 Date:June16,2015 Comprehensive Plan Utilities Element Amendments 15-1 Ordinance No.15-011 Page 881 of 1055 Policy 3C.5.3 The City shall continue to discourage urban sprawl by requiring new development to pay the full cost of extending potable water facilities. Thus, the development of remote parts of the service area will be more expensive than compact development. Objective 3C.6 The City shall continue to implement a program to eliminate existing deficiencies according to the schedule presented in the Capital Improvements Element. Measurability: Number of projects in the Capital Improvements Schedule consistent with the objective. Policy 3C.6.1 The City shall continue to make priorities for replacement, correcting existing deficiencies, and providing for future needs according to need. The need shall be determined by the Utilities Department through a master planning process. The priorities shall be reflected in the Capital Improvements Element such that the improvements needed first shall be implemented first, in order to provide the standard level of service. Objective 3C.7 The City of Boynton Beach will implement the Water Supply Facilities Work Plan (WSFWP) in order to meet the City's water demand through 2030. The Work Plan will promote projects aimed at diversifying the City's sources of water to reduce dependency on the surficial acquifer and improvement of existing infrastructure to enhance the system's efficiency. Policy 3C.7.1 The City shall maintain a Water Supply Facilities Work Plan (WSFWP, or Work Plan) for at least a ten (10) year planning period addressing water supply facilities necessary to serve existing and future development within the City's water service areas. The Work Plan will be updated within 18 months following an update of to the Regional Water Supply Plans. Policy 3C.7.2 The City shall coordinate with the South Florida Water Management district to assure the consistency of its Work Plan with the East Coast Regional Water Supply Plan. The City will also coordinate planning efforts with those of all jurisdictions to which it provides water service regarding population projections and other water demand and distribution factors . Policy 3.C.7.4 By 2010, the City will expand its reclaimed water system distribution network to serve additional large users and continue to reduce potable water usage for irrigation. City of Boynton Beach 3-14 Date:June16,2015 Comprehensive Plan Utilities Element Amendments 15-1 Ordinance No.15-011 Page 882 of 1055 Policy 3.C.7.5 The City will improve efficiency of its water treatment operations through interconnection of the two water treatment plants to supplement the eastern wellfield, where withdrawals are limited due to its proximity to the Atlantic Ocean, with additional water from the west, to allow to utilize presently idle capacity of East Water Treatment Plant. E-XUtBIT-42 N-Y-E-AR-WA4LPR-8URP4 Y-4-AC44TK4,WTQRK-P4 I'M 11"1171, Yt,AR WATT'R SUIPAVI-Y I", n "I I-------------------------------------------%-(------------------R 1 A,N--I' ,J,-- A-I,--------- City of Boynton Beach 3-15 Date.:june16,2015 Comprehensive Plan Utilities Element Amendments 15-1 Ordinance No.15-011 Page 883 of 1055 Natural Groundwater Aquifer Recharge Sub-Element Goal ID The City of Boynton Beach will protect, and maintain the functions of natural groundwater aquifer recharge areas. Objective 3D.1 The City of Boynton Beach shall continue to protect and maintain prime natural groundwater aquifer recharge areas within the City. Measurability: Ongoing enforcement of the Wellfield Protection Ordinance. Policy 3D.1.1 The City shall continue to cooperate with Palm Beach County to enforce the Wellfield Protection Ordinance. Policy 3D.1.2 The City shall continue to designate areas having the greatest recharge potential. Such areas that are undeveloped shall be designated for low impact development or as conservation areas in the City's future land use plan. Policy 3D.1.3 Boynton Beach shall continue to cooperate with other appropriate local governments to protect areas with the greatest recharge potentials that extend beyond the City limits. Policy 3D.1.4 The City will continue to require environmental review of hazardous waste generators prior to issuance of occupational licenses; and will extend this process to the license renewal process. Policy 3D.1.5 The City shall ensure, where possible, that water management plans for emergency flood situations shall avoid irreversible impact on ecological systems and minimize long term adverse impacts on all sectors. Policy 3D.1.6 The City shall minimize, where possible, the negative impacts of existing land use activities on surface water and groundwater quality and quantity, to the maximum extent possible through enforcement of retrofitting which would incorporate appropriate water quality management techniques. City of Boynton Beach 3-16 Date:August 19,2008 Comprehensive Plan Utilities Element Amendments 08-1 Ordinance No.08-007 Page 884 of 1055 Solid Waste Sub-Element Goal 3E The City of Boynton Beach will provide, at the local level, and support, at the County level, an efficient and environmentally sound Solid Waste Management system. Objective 3E.1 At a minimum, the City of Boynton Beach shall continue to maintain a solid waste generation level of service that is both economically feasible, and consistent with those of Palm Beach County and will accommodate the future needs of the City. Measurability: Maintenance of a City solid waste level of service equal to or less than that of the Solid Waste Authority. Policy 3E.1.1 The City shall continue to maintain the adopted level of service standard for solid waste of 7.7 pounds per capita per day. Objective 3E.2 The City shall continue to provide a solid waste collection and delivery system that is consistent with policies of the Solid Waste Authority. Policy 3E.2.1 The City shall continue to provide a solid waste collection system that is characteristic of the following: • At least bi-weekly residential collection of garbage, • Provision of a scheduled program of bulky trash collection, • At least weekly collection of commercial waste, • Utilization of tarps for completely covering trash loads, • Collection and disposal of vegetative debris consistent with the Palm Beach County Solid Waste Management Plan. Objective 3E.3 In order to maintain the adopted level of service standard, and in support of the recycling goals of the State of Florida, the City shall strive to reduce the solid waste stream of the City to 75% of the waste stream by 2020. Measurability: Amount of decrease in solid waste stream due to increased recycling activities. Policy 3E.3.1 The City shall continue to assist the efforts of the Solid Waste Authority in implementing mandatory recycling programs throughout the City, if found feasible. Policy 3E.3.2 The City shall continue to stress participation in recycling programs within City buildings for City employees. City of Boynton Beach 3-17 Date:June 16,2015 Comprehensive Plan Utilities Element Amendments 15-1 Ordinance No.15-011 Page 885 of 1055 Policy 3E.3.3 The City shall by the year 2020 evaluate the current method of recording and/or monitoring the magnitude of local recycle efforts and initiate improvements, if appropriate. Objective 3E.4 The City shall continue to support the State and County-wide efforts to improve and initiate public education and involvement programs that relate to litter clean-up, household and small business hazardous waste, etc. Measurability: Number of litter clean-up related programs initiated. Policy 3E.4.1 The City shall continue to support, and where possible participate in, such State and County-wide programs as Amnesty Day, "Keep PBC Beautiful", "Great American Clean Up". The City shall, at a minimum, promote these events and programs. Objective 3E.5 In order to improve the appearance of the community, as well as to support Solid Waste Authority policy and recommendations, the City shall address the problem of illegal dumping and littering. Measurability: Number of citations issued for illegal dumping and littering. Policy 3E.5.1 The City shall continue to increase the number of abatements of illegally dumped waste on vacant lots after sufficient notice has been given to owner. The cost of this service, including tipping fee charged at the transfer station, will continue to be charged to the property owner. Policy 3E.5.2 The City shall continue to participate with the Solid Waste Authority using the report it submits regarding waste stream improvements and illegal dumpsites. Objective 3E.7 Prevention of Urban Sprawl. The City shall continue to discourage urban sprawl and continue as a compact urban area by not providing services beyond 1/2 mile of the existing urbanized areas. Measurability: Maintenance of the service area in accordance with the objective. Policy 3E.7.1 The City shall continue to provide services in such a way as to maintain the City's compact urban area. City of Boynton Beach 3-18 Date:June 16,2015 Comprehensive Plan Utilities Element Amendments 15-1 Ordinance No.15-011 Page 886 of 1055 8.B. PUBLIC HEARING 9/15/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 9/15/2020 Requested Action by Commission: Approval of the Exotic Motorworks Conditional Use application (COUS 20-002) to allow an automobile diagnostics facility exclusively for luxury and/or high-performance vehicles at 816 S E 1 st Street. Explanation of Request: The 0.27-acre subject property consists of a parcel currently developed with a single-story warehouse building composed of 7 units. The building is presently occupied by 2 businesses: Art & Technology Dental Lab and Cold Formers USA LLC. The applicant proposes to occupy unit#4 as indicated on the site plan. The proposed automobile use would be categorized as Automobile, Minor Repair, per the City's Use Matrix This use is typically permitted by right in properties zoned Industrial (M-1) if located further than 100 linear feet from any residential or mixed-use zoning district. Otherwise, the use would be subject to Conditional Use approval. The applicant is requesting Conditional Use approval as the subject industrial property, zoned M-1, is located at a distance of less than 100 linear feet from the neighboring single-family properties, zoned R1A, to the west. The request is solely for Conditional Use approval with no exterior modifications to the existing building or site as the building was constructed for industrial related businesses. The building unit will be utilized for business administration purposes and to store valuable and expensive business related equipment, as well as to diagnose one (1) vehicle at a time on an appointment basis. According to the applicant, the facility will not perform any type of tests that would emit loud noises (i.e. dyno tests). The Planning & Development Board reviewed the request at their August 25, 2020 meeting and forwards it with a recommendation for approval. How will this affect city programs or services? N/A Fiscal Impact: N/A Alternatives: None recommended. Strategic Plan: Strategic Plan Application: N/A Climate Action: No Climate Action Discussion: N/A Page 887 of 1055 Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Staff Report StaffReport Exotic Motorworks D Location Map Exhibit A® Location Map D Drawings Exhibit B ® Site Plan D Conditions of Approval Exhibit C ® Conditions of Approval D Attachment Exhibit D ® Conditional Use Criteria D Letter Exhibit E ® Project Narrative D Development Order Exhibit F ® Development Order Page 888 of 1055 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 20-014 STAFF REPORT TO: Chair and Members Planning and Development Board THRU: Ed Breese Planning and Zoning Administrator FROM: Luis Bencosme Planner II DATE: August 4, 2020 PROJECT NAME: Exotic Motoworks COOS 20-002 REQUEST: Approve Conditional Use (COOS 20-002) request for Exotic Motoworks, to allow an automobile diagnostics facility exclusively for luxury and/ or high-performance exotic automobiles at 816 SE 1St Street, in the M-1 (Industrial) zoning district. Applicant: Joel Lopez: Exotic Mortoworks PROJECT DESCRIPTION Applicant: Joel Lopez, Exotic Motorworks Property Owner: JM Solutions Group LLC Location: 816 SE 1St Street Existing Land Use/Zoning: Industrial (1)/ Industrial (M-1 ) Proposed Land Use/Zoning: No Change Proposed Uses: Automobile, Minor Repair Acreage: 0.27 Acres Page 889 of 1055 Exotic Mortorworks COUS 20-002 Page 2 Adjacent Uses: North: Developed industrial property classified as Industrial (M1); South: Right-of-way of SE 8th Avenue; farther south developed industrial property classified as Industrial (M1); East: Developed industrial property classified as Industrial (M1); West: Right-of-way of SE 1 st Street; farther west, developed single-family properties zoned Single-Family (R1A); PROPERTY OWNER NOTIFICATION Owners of properties within 400 feet of the subject project were mailed a notice of this request and its respective hearing dates. The applicant has certified that signage is posted and notices mailed in accordance with Ordinance No. 04-007. BACKGROUND/ PROPOSAL The 0.27-acre subject property consists of a parcel currently developed with a single-story warehouse building composed of 7 units. The building is presently occupied by 2 businesses: Art & Technology Dental Lab and Cold Formers USA LLC. The applicant proposes to occupy unit #4 as indicated on the site plan. The proposed automobile use would be categorized as Automobile, Minor Repair, per the City's Use Matrix. This use is typically permitted by right in properties zoned Industrial (M-1) if located further than 100 linear feet from any residential or mixed-use zoning district. Otherwise, the use would be subject to Conditional Use approval. The applicant is requesting Conditional Use approval as the subject industrial property, zoned M-1, is located at a distance of less than 100 linear feet from the neighboring single-family properties, zoned R1A, to the west. The request is solely for Conditional Use approval with no exterior modifications to the existing building or site as the building was constructed for industrial related businesses. The building unit will be utilized for business administration purposes and to store valuable and expensive business related equipment, as well as to diagnose one (1) vehicle at a time on an appointment basis. According to the applicant, the facility will not perform any type of tests that would emit loud noises (i.e. dyno tests). STANDARDS FOR EVALUATING CONDITIONAL USES AND ANALYSIS Section 11.2.D of the Land Development Regulations contains the following standards to which conditional uses are required to conform to. Following each of these standards is the Planning and Zoning Division's evaluation of the application as it pertains to each of the standards. In addition, the applicant has submitted a separate detailed justification statement that addresses each of these standards (see Exhibit "D" —Justification Statement). Page 890 of 1055 Exotic Mortorworks COUS 20-002 Page 3 The Planning & Development Board and City Commission shall consider only such conditional uses that are authorized under the terms of these zoning regulations and, in connection therewith, may grant conditional uses absolutely or conditioned upon adherence to conditions of approval including, but not limited to, the dedication of property for streets, alleys, recreation space and sidewalks, as shall be determined necessary for the protection of the surrounding area and the citizens' general welfare, or deny conditional uses when not in harmony with the intent and purpose of this section. In evaluating an application for conditional use approval, the Board and Commission shall consider the effect of the proposed use on the general health, safety and welfare of the community and make written findings certifying that satisfactory provisions have been made concerning the following standards, where applicable: 1. Ingress and egress to the subject property and proposed structures thereon, with particular reference to automobile and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe. The subject property currently has one (1) primary point of ingress/egress; a driveway on the south side of the property that leads to the rear of the property and building. The applicant would have the use of two (2) off-street parallel parking spaces (see Exhibit "B"). The applicant is simply a tenant and is not proposing any type of modifications to the site as a whole, or that would change the existing vehicular and pedestrian circulation. However, staff will include a Condition of Approval on the Development Order to ensure the parking lot is improved with appropriate markings, as the parking stall stripes have faded. The required improvements should be sufficient to enhance the existing automobile and pedestrian traffic circulation and control as vehicles enter and exit the site. 2. Off-street parking and loading areas where required, with particular attention to the items in standard#1 above, and the economic, glare, noise, and odor effects the conditional use will have on adjacent and nearby properties, and the city as a whole. The subject property was originally designed and constructed with 12 off-street, backup parking spaces located on the west side of the building. The applicant is not proposing any changes to the existing parking lot layout as the property currently has sufficient parking spaces to accommodate the existing and proposed businesses. However, the landlord has agreed to assign one (1) backup parking space located on the west side of the building and two (2) parallel parking spaces located on the east side of the site to the applicant. Also, the unit's interior space is large enough to store one (1) vehicle. The applicant intents to use the unit as an office space; to store expensive business-related equipment; and to occasionally work on one (1) vehicle on an appointment basis. The applicant also provides his diagnostic services off-site at dealerships and other repair facilities. 3. Refuse and service areas, with particular reference to the items in standards 1 and 2 above. The applicant is not proposing any changes to the existing garbage disposable system. Currently, roll out garbage cans are provided to each business, which are stored inside the units. 4. Utilities, with reference to locations, availability, and compatibility. The City of Boynton Beach Utility Department currently serves the site, and utilities would continue to be available and provided, consistent with Comprehensive Plan policies and City regulations. No additional impacts are anticipated with this application. Page 891 of 1055 Exotic Mortorworks COUS 20-002 Page 4 5. Screening, buffering and landscaping with reference to type, dimensions, and character. This application is solely for Conditional Use approval with no exterior modifications to building and site, other than the above mentioned parking lot improvements required by staff as a Condition of Approval. The building has no overhead bay doors facing west, toward the residential prorperty, therefore there will be no views of the buisness operations or sound impacts. 6. Signs, and proposed exterior lighting, with reference to glare, traffic safety, economic effect, and compatibility and harmony with adjacent and nearby properties. Additionally, business operations will mainly occur elsewhere or inside the unit. The City's Land Development Regulations restricts internally illuminated signs when visible from adjacent residential properties. The existing building was designed with the sign band area located above the front entrance of each unit, which may be visible from the adjacent single-family residential properties to the west. The applicant has agreed to install an aesthetically pleasing and non-illuminated wall sign to ensure the adjacent residential properties are not adversely impacted in any way. 7. Required setbacks and other open spaces. This application is solely for conditional use approval with no exterior modifications to the existing building or site. Therefore, this Conditional Use criterium is not applicable. 8. General compatibility with adjacent properties, and other property in the zoning district. Business operations will not be visible from outside the property as it will mainly occur elsewhere or inside the unit on an appointment basis. Also, the applicant has agreed to refrain from any type of business-related functions that would produce loud noise such as dyno testing. 9. Height of building and structures, with reference to compatibility and harmony with adjacent and nearby properties, and the city as a whole. The applicant is not proposing any exterior modifications that would change the existing height of the single-story warehouse building. 10. Economic effects on adjacent and nearby properties, and the city as a whole. The proposed use will have minimal economic impact on adjacent properties and the City as a whole. The City would benefit financially from applicable certificate of use fees. 11. Where applicable, the proposed use furthers the purpose and intent of a corresponding mixed-use zoning district or redevelopment plan; This standard is not applicable to this project, as the property is zoned Industrial. 12. Compliance with, and abatement of nuisances and hazards in accordance with, the performance standards of Chapter 2, Section 4.N. of the City's Land Development Regulations and conformance to the City of Boynton Beach Noise Control Ordinance. Page 892 of 1055 Exotic Mortorworks COUS 20-002 Page 5 According to the applicant, any hazardous fluids, if any, will be placed in approved containers and disposed correctly in compliance with City and State regulations. The applicant indicates his use will not generate harmful smoke, odors, fumes, or toxic matter that would negatively impact the health and safety of neighboring properties. Additionally, the business will not perform any type of testing (i.e. dyno test) that would create loud noise. As noted previously, there is no overhead bay door facing west toward the residential property, so any sound should be minimized. 13. Required sound study and analysis. All conditional use applications for bars, nightclubs and similar establishments shall include the following analysis performed by a certified acoustic engineer: a. Data on the sound emitting devices/equipment and the methods and materials to be used to assure that the acoustic level of the City Code will be met; b. The analysis shall specify the authority and/or basis for determination of the acoustic level of the sound emitting devices/equipment; c. The analysis of any sound retention, reduction or reflection shall include information such as the nature, types and coefficients of sound absorbent and sound-reflecting materials to be used, coatings of the surfaces of ceilings, walls, windows, and floors and insulation to be used; and/or d. It shall also verify that sound standards shall be met during the normal opening of doors for people entering and exiting the establishment. This standard is inapplicable to this project. RECOMMENDATION Based on the information contained herein, compliance with development regulations and conditional use standards, staff recommends APPROVAL of this request for conditional use, subject to satisfying all conditions of approval recommended by staff as contained in Exhibit "D" — Conditions of Approval. Any additional conditions of approval recommended by the Board and required by the City Commission will be placed in Exhibit "D" accordingly. Furthermore, pursuant to Chapter 2, Article II, Section 2.0 Conditional Uses, a time limit is to be set within which the proposed project is to be developed. Staff recommends that a period of 18 months be allowed to receive the necessary permits and licenses. S:\Planning\SHARED\WP\PROJECTS\Exotic Mctorworks\StaffReport Exotic Motorworks.doc Page 893 of 1055 EXHIBIT A LOCATION MAP , ,�w", � �— s4 - �� t Sill � V — _ SE,8TH��4�/E 3? c Si Legend N CITY BOUNDARY SUBJECT PROPERTY 00.0025005 0.01 0.015 0.02 millml- E3 Page 894 of 1055 S.li.ISI51 F41:1 A I r.",(r)I E�E �{ � _ __e e_ 1.x(3 PLA1 SURV r i ,yyg 'wWC"C"�"CC'rR !wJ 5`TOP Y BUIL DIN(' tis b00 1 '74.4 rl i I f Ti t� C' `) C 3a13° 20' C)o CONCPErE r� ` C �y N q �h (20.0'SURVEY ("^ ( 120'r PLA1 r I t STORY BUt1.fltfur Do 2,5,0' 00 rw. t 1 7 7 �r�� 61 r Q) f:a �a d r wS- 1k t rF i {I W IW L EXHIBIT C Conditions of Approval Project Name: Exotic Motorworks File number: COOS 20-002 Reference: 2nd review documents identified as Conditional Use Application with a July 10, 2020 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT ENGINEERING / PUBLIC WORKS/ FORESTRY/ UTILITIES Comments: Not applicable. FIRE Comments: Not applicable. POLICE Comments: Not applicable. BUILDING DIVISION Comments: Not applicable. PARKS AND RECREATION Comments: Not applicable. PLANNING AND ZONING Comments: 1. The applicant shall secure proper permits to improve the existing parking lot with appropriate markings prior to Certificate of Use approval. X COMMUNITY REDEVELOPMENT AGENCY Comments: Not applicable. Page 896 of 1055 Exotic Motorworks (COOS 20-002) Conditions of Approval Page 2 of 2 PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: None CITY COMMISSION CONDITIONS Comments: To be determined. ADDITIONAL REPRESENTATIONS/ COMMITMENTS The applicant or applicant's representatives made the following representations and commitments during the quasi-judicial and/or public hearings that now constitute binding obligations of the applicant. The obligations have the same weight as other conditions of approval. S:\Planning\SHARED\WP\PROJECTS\Exotic Motorworks\COUS 20-002 COA.docx Page 897 of 1055 EXHIBIT D Conditional Use Review Criteria 1. Ingress and egress to the subject property and proposed structures thereon, with particular reference to automobile and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe. Existing ingress and egress for property on se 811 Ave. No modifications needed. There is access in case of fire. 2. Off-street parking and loading areas where required,with particular attention to the items in subsection C.1. above, and the economic, glare, noise, and odor effects the conditional use will have on adjacent and nearby properties, and the city as a whole. Parking from front to back of building will not interfere with traffic or adjacent and nearby properties. 3. Refuse and service areas, with particular reference to the items in subsection C.1. and C.2. above. Existing roll out cans for all tenants. 4. Utilities,with reference to locations, availability, and compatibility. Existing site with existing utilities no modifications needed. 5. Screening, buffering and landscaping with reference to type, dimensions, and character. Existing older building with no space for landscaping. 6. Signs, and proposed exterior lighting, with reference to glare, traffic safety, economic effect, and compatibility and harmony with adjacent and nearby properties. Sign will be on top of bay door, not illuminated no proposed exterior lighting. 7. Required setbacks and other open spaces. Existing site no changes made. 8. General compatibility with adjacent properties, and other property in the zoning district. No overhead doors facing residential area. No external impact. 9. Height of buildings and structures, with reference to compatibility and harmony to adjacent and nearby properties, and the city as a whole. One story building compatible with nearby properties. No modifications are made. 10. Economic effects on adjacent and nearby properties, and the city as a whole. No negative impact to city. Will be paying taxes, and can bring new cliental to the new down town. 11.Where applicable, the proposed use furthers the purpose and intent of a corresponding mixed-use zoning district or redevelopment plan. Not Applicable. Page 898 of 1055 12. Compliance with and abatement of nuisances and hazards in accordance with the operational performance standards as indicated in Chapter 3, Article IV, Section 1 and the Noise Control Ordinance, and City Code of Ordinances Part II, Chapter 15, Section 15-8. If any hazard fluids will be contained in proper waste drums and disposed by waste company as Florida department of agriculture regulations. No performance dyno will be on premises and no work will be performed outside. 13.A sound impact analysis shall be required for new or expanding bar, nightclub or similar uses when involving property within 300 feet of a residential district. The analysis shall include mitigating solutions that would reduce or eliminate any potential for off-site nuisance conditions. Depending on the size of the proposed use, the distances to and level of compatibility with adjacent land uses, the sound analysis may be required to include information, diagrams and sketches indicating the types and locations of proposed sound emitting equipment, speaker orientations, maximum output, building or site design intended to mitigate sound impacts, and any operational standards including an affidavit documenting maximum sound limits to be maintained based on the findings of the analysis. Not Applicable as no car dyno testing will be on premises or outside work will be done. Page 899 of 1055 A IfE I A If,, Z 111" JM SOLUTION GROUP, LLC M, uAr ORION July 01, 2020 To whom it may concern, I am Anny Lopez, owner and property manager of 816 SE 1 st Street, Boynton Beach, FL33435. I am renting a space to Joel Lopez (my son) at this location. The services he will offer include diagnosing cars for dealerships and repair shops. He currently goes to different facilities and diagnoses their cars. He also offers electrical module programming for the dealers and shops after they have performed other services on the cars. He will use the space to work on the electronic diagnosing of these high-end luxury cars. In order to diagnose these cars, he needs special equipment and computers. The special equipment and computers used are very expensive and need to be kept in a locked and secured space. He works alone and works on an appointment-only basis. With this in mind, the parking at 816 SE 1St street will not be a problem for him. He recently purchased a home down the street from 816 SE 1 st street making this location perfect for him. Thank you for your time, Sincerely Anny Lopez Property Maqjapr 816 SE 1s'Street Boynton Beach,FL 33435 Phone 561.228.1284 Fax 561.370.6380 816property@gmaii.com Page 900 of 1055 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Exotic Motorworks (COUS 20-002) APPLICANT: Joel Lopez, Exotic Motorworks APPLICANT'S ADDRESS: 816 SE 1St Street, Boynton Beach, FL 33435 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: September 15, 2020 APPROVAL SOUGHT: Request for approval of Conditional Use to allow an automobile diagnostics facility exclusively for luxury and/or high-performance exotic automobiles. LOCATION OF PROPERTY: 816 SE 1St Street DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER was presented to the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the approval sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the approval sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant X HAS HAS NOT established by substantial competent evidence a basis for the approval requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included." 4. The Applicant's request is hereby X GRANTED subject to the conditions referenced in paragraph 3 above. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other: DATED: City Clerk S:\Planning\SHARED\WP\PROJECTS\Exotic Motorworks\COUS 20-002 DO.doc Page 901 of 1055 8.C. PUBLIC HEARING 9/15/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 9/15/2020 Requested Action by Commission: Proposed Ordinance No. 20-031- First Reading -Approve Catanzaro Residential Future Land Use Map Amendment from Local Retail Commercial (LRC) to Medium Density Residential (MEDR). Proposed Ordinance No. 20-032- First Reading -Approve Catanzaro Residential Rezoning from C-2 Neighborhood Commercial to R-3 Multi-Family Residential. Explanation of Request: The subject parcel, currently vacant, was reclassified from the Medium Density Residential (MEDR) to Local Retail Commercial (LRC) future land use and concurrently approved for a professional medical office in 2017. The office project was never built; the property has been on the market but buyers' interests remain focused on its potential for residential, rather than commercial development. In response to the clear market preferences—and consistent with the residential character of the surrounding area—the property owner is requesting this future land use (FLU) amendment and rezoning that would allow for the site to be developed for residential use. The property would be brought back to its previous MEDR future land use category and rezoned to R-3. Note that the CRA Plan (the Plan) future land use recommendation for the subject parcel, the adjacent parcel to the south, as well as for the areas to the north and west that are currently classified MEDR, is HDR, High Density Residential (see Exhibit B). However, given the small size of the subject parcel, the proposed reversal of the FLU to the property's previous Medium Density Residential is arguably a small departure from the Plan's recommendation. Ideally, the subject property would be assembled with abutting parcels in future, resulting in a larger and more intensive development supported by HDR future land use. The Planning and Development Board reviewed these items at its August 25, 2020 meeting and forwards them with a recommendation of approval. How will this affect city programs or services? No significant impact on either programs or services. Fiscal Impact: Eventual development of the property would represent a small increase in the City's tax base. Alternatives: None recommended Strategic Plan: Strategic Plan Application: N/A Page 902 of 1055 Climate Action: Climate Action Discussion: N/A Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Ordinance Ordinance appro\Ang Catanzaro land use amendment D Ordinance Ordinance appro\Ang Catanzaro rezoning D Staff Report Staff Report D Location Map Location Map D Exhibit CRA Plan recommendation D Location Map Current FLU Classification D Location Map Proposed FLU Classification D Location Map Current zoning D Location Map Proposed Zoning Page 903 of 1055 1 ORDINANCE NO. 20- 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, 4 AMENDING ORDINANCE 89-38 BY AMENDING THE FUTURE 5 LAND USE ELEMENT OF THE COMPREHENSIVE PLAN FOR 6 PROPERTY COMMONLY KNOWN AS CATANZARO 7 RESIDENTIAL AND DESCRIBED HEREIN, CHANGING THE 8 LAND USE DESIGNATION FROM LOCAL RETAIL 9 COMMERCIAL (LRC) TO MEDIUM DENSITY RESIDENTIAL 10 (MEDR); PROVIDING FOR CONFLICTS, SEVERABILITY, AND 11 AN EFFECTIVE DATE. 12 13 WHEREAS, the City Commission of the City of Boynton Beach, Florida has 14 adopted a City of Boynton Beach Comprehensive Plan and as part of said Plan a Future Land 15 Use Element pursuant to Ordinance No. 89-38 and in accordance with the Local Government 16 Comprehensive Planning Act; and 17 WHEREAS, the procedure for amendment of a Future Land Use Element of a 18 Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed; and 19 WHEREAS, after two (2) public hearings the City Commission acting in its dual 20 capacity as Local Planning Agency and City Commission finds that the amendment 21 hereinafter set forth is consistent with the City's adopted Comprehensive Plan and deems it 22 in the best interest of the inhabitants of said City to amend the Future Land Use Element 23 (designation) of the Comprehensive Plan as hereinafter provided. 24 NOW, THEREFORE,BE IT ORDAINED BY THE CITY COMMISSION OF THE 25 CITY OF BOYNTON BEACH, FLORIDA, THAT: 26 Section 1: The foregoing WHEREAS clauses are true and correct and incorporated 27 herein by this reference. 28 Section 2: Ordinance No. 89-38 of the City is hereby amended to reflect that the 29 Future Land Use of the following described land: 30 31 LOT 21, CRESTVIEW, ACCORDING TO THE PLAT THEREOF, AS 32 RECORDED IN PLAT BOOK 23, PAGE 154 OF THE PUBLIC 33 RECORDS OF PALM BEACH COUNTY, FLORIDA. 34 35 36 is amended from Local Retail Commercial (LRC)to Medium Density Residential (MEDR). 37 Section 3: This Ordinance shall take effect on adoption, subject to the review, challenge, S:\CA\Ordinances\Planning\Land Use\Catanzaro LUA-Ordinance.Docx Page 904 of 1055 38 or appeal provisions provided by the Florida Local Government Comprehensive Planning and 39 Land Development Regulation Act. No parry shall be vested of any right by virtue of the 40 adoption of this Ordinance until all statutory required review is complete and all legal challenges, 41 including appeals, are exhausted. In the event that the effective date is established by state law 42 or special act, the provisions of state act shall control. 43 FIRST READING this day of September, 2020. 44 SECOND, FINAL READING and PASSAGE this day of , 2020. 45 CITY OF BOYNTON BEACH, FLORIDA 46 YES NO 47 48 49 Mayor— Steven B. Grant 50 51 Vice Mayor—Ty Penserga 52 53 Commissioner—Justin Katz 54 55 Commissioner—Woodrow L. Hay 56 57 Commissioner— Christina L. Romelus 58 59 VOTE 60 ATTEST: 61 62 63 64 Crystal Gibson, MMC 65 City Clerk 66 67 68 (Corporate Seal) 69 S:\CA\Ordinances\Planning\Land Use\Catanzaro LUA-Ordinance.Docx Page 905 of 1055 1 ORDINANCE NO. 20- 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, 4 AMENDING ORDINANCE 02-013 TO REZONE A PARCEL OF 5 LAND DESCRIBED HEREIN AND COMMONLY REFERRED TO AS 6 CATANZARO RESIDENTIAL FROM C-2 NEIGHBORHOOD 7 COMMERCIAL TO R-3 MULTI-FAMILY RESIDENTIAL; 8 PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN 9 EFFECTIVE DATE. 10 11 WHEREAS, the City Commission of the City of Boynton Beach, Florida has adopted 12 Ordinance No. 02-013, in which a Revised Zoning Map was adopted for said City; and 13 WHEREAS, the City has made application to rezone land, said land being more 14 particularly described hereinafter, from C-2 Neighborhood Commercial to R-3 Multi-Family 15 Residential; and 16 WHEREAS, the City Commission conducted public hearings as required by law and 17 heard testimony and received evidence which the Commission finds supports a rezoning for the 18 property hereinafter described; and 19 WHEREAS, the City Commission deems it in the best interests of the inhabitants of 20 said City to amend the aforesaid Revised Zoning Map as hereinafter set forth. 21 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 22 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 23 Section 1. The foregoing Whereas clauses are true and correct and incorporated 24 herein by this reference. 25 Section 2. The land herein described be and the same is hereby rezoned from C-2 26 Neighborhood Commercial to R-3 Multi-Family Residential. A location map is attached hereto 27 as Exhibit"A" and made a part of this Ordinance by reference. Legal Description: 28 LOT 21, CRESTVIEW, ACCORDING TO THE PLAT THEREOF, AS 29 RECORDED IN PLAT BOOK 23, PAGE 154 OF THE PUBLIC 30 RECORDS OF PALM BEACH COUNTY, FLORIDA. 31 32 33 Section 3. That the aforesaid Revised Zoning Map of the City shall be amended 34 accordingly. 35 Section 4. All ordinances or parts of ordinances in conflict herewith are hereby repealed. I S:\CA\Ordinances\Planning\Rezoning\Catanzaro-Rezone-Ordinance.Docx Page 906 of 1055 36 Section 5. Should any section or provision of this Ordinance or any portion thereof be 37 declared by a court of competent jurisdiction to be invalid, such decision shall not affect the 38 remainder of this Ordinance. 39 Section 6. This ordinance shall become effective immediately upon passage. 40 FIRST READING this 15th day of September, 2020. 41 SECOND, FINAL READING and PASSAGE this day of , 2020. 42 CITY OF BOYNTON BEACH, FLORIDA 43 YES NO 44 45 Mayor— Steven B. Grant 46 47 Vice Mayor—Ty Penserga 48 49 Commissioner—Justin Katz 50 51 Commissioner—Woodrow L. Hay 52 53 Commissioner— Christina L. Romelus 54 55 VOTE 56 ATTEST: 57 58 59 60 Crystal Gibson, MMC 61 City Clerk 62 63 64 (Corporate Seal) 2 S:\CA\Ordinances\Planning\Rezoning\Catanzaro-Rezone-Ordinance.Docx Page 907 of 1055 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 20-015 STAFF REPORT TO: Chair and Members Planning and Development Board THRU: Ed Breese Planning and Zoning Administrator FROM: Hanna Matras, Senior Planner DATE: August 12, 2020 PROJECT: Catanzaro Residential LUAR 20-003 REQUEST: Approve Catanzaro Residential Future Land Use Map amendment from Local Retail Commercial (LRC) to Medium Density Residential (MEDR) and rezoning from C-2 Neighborhood Commercial to R-3 Multi-Family Residential. PROJECT DESCRIPTION Property Owner/Applicant: Bruce Catanzaro, CM&J Boynton Properties, LLC Agent: Christi Tuttle/ Urban Design Studio Location: East side of SE 3rd Street, approximately 85 feet north from the intersection of SE 3rd Street and SE 23rd Avenue (Exhibit "Al) Existing Land Use/Zoning: Local Retail Commercial (LRC) / C-2 Neighborhood Commercial District Proposed Land Use/Zoning: Medium Density Residential (MEDR)/ R-3 Multi-Family Residential Proposed Use: No site plan proposed at this time Acreage: 0.25 acres Page 908 of 1055 Page 2 Catanzaro Residential LUAR 20-003 Adjacent Uses: North: Duplex, classified Medium Density Residential (MDR) and zoned R-3, Multifamily; South: Multifamily rental property, classified Local Retail Commercial (LRC) and zoned C-2, Neighborhood Commercial; East: Multifamily rental property, classified Local Retail Commercial (LRC) and zoned C-2, Neighborhood Commercial; West: The right of way of SE 3rd Street; further west multifamily rental property classified Medium Density Residential (MDR) and zoned R-3, Multifamily. BACKGROUND The subject parcel, currently vacant, was reclassified from the Medium Density Residential (MEDR) to the Local Retail Commercial (LRC) future land use and concurrently approved for a professional medical office in 2017. The property's original MEDR future land use was inconsistent with its commercial C-2 zoning and reclassification to LRC eliminated the discrepancy. However, the office project was never built; the property has been on the market but buyers' interests remain focused on its potential for residential, rather than commercial development. In response to the clear market preferences—and in consistency with the residential character of the surrounding area—the property owner is requesting future land use (FLU) amendment and rezoning that would allow for the site to be developed for residential use. The property would be brought back to its previous MEDR future land use category and rezoned to R-3. Note that the CRA Plan (the Plan) future land use recommendation for the subject parcel, the adjacent parcel to the south as well as for the areas to the north and west currently classified MEDR is HDR, High Density Residential (see Exhibit B). The only zoning district corresponding to HDR is Infill Planned Development District (IPUD), with no minimal acreage requirement. However, given the small size of the subject parcel, the proposed reversal of the FLU to the property's previous Medium Density Residential is arguably a small departure from the Plan's recommendation. In the future, a land assembly can result in a larger and more intensive development supported by HDR future land use. No site plan application will be required, as the site constraints will only permit a single- or two-family residential structure, which are exempt from site plan review processes. REVIEW BASED ON CRITERIA The criteria used to review Comprehensive Plan amendments and rezonings are listed in 2 Page 909 of 1055 Page 3 Catanzaro Residential LUAR 20-003 the Land Development Regulations, Chapter 2, Article 11, Section 2.B and Section 2.D.3. These criteria are required to be part of a staff analysis when the proposed change includes an amendment to the Comprehensive Plan Future Land Use Map (FLUM) or a rezoning. 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. As explained in the Background section of this report, the property has been on the market for the considerable amount of time, with no takers interested in commercial uses. On the other hand, there has been a significant interest from buyers' in the site's potential for residential development. While the long term impact of COVID19 pandemic on the commercial real estate remains unclear, the significant decline of demand across offices and retail space may persist in many locations, therefore strengthening the justification of the applicant's request. 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. In recent years, the City added several policies to its Comprehensive Plan aimed at protecting lands with industrial and commercial designations. For example, Policy 1.17.6 of the Future Land Use Element states that "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."However, the subject FLU amendment, if approved, would simply reverse the 2017 reclassiffication, giving the property back its previous MEDR residential classification. Moreover, as already discussed, the market has not supported commercial use on the site. The CRA Plan future land use recommendation for the subject parcel, the adjacent parcel to the south as well as for the areas to the north and west currently classified MEDR is the High Density Residential (HDR). As argued in the Background section of this report, the proposed reversal of the FLU to the site's previous Medium Density Residential is not a significant departure from the Plan's recommendation, especially given the property's small size. In the future, a land assembly can result in a larger and more intensive development supported by HDR future land use. c. Land Use Pattern. Whether the proposed Future Land Use Map amendment(FLUM) and rezoning would be contrary to the established land use pattern, or would create an isolated zoning district or an isolated land use classification unrelated to adjacent 3 Page 910 of 1055 Page 4 Catanzaro Residential LUAR 20-003 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. Proposed FLUM amendment would be consistent with the established land use pattern. It would not create an isolated zoning district/land use classification, as it would revert the site to its previous residential FLU classification, matching those of areas north and west of the property. d. Sustainability. Whether the proposed Future Land Use Map amendment(FLUM) and rezoning would support the integration of a mix of land uses consistent with the Smart Growth or sustainability initiatives, with an emphasis on 1) complementary land uses,- 2) ses,2) access to alternative modes of transportation, and 3) interconnectivity within the project and between adjacent properties. The proposed FLUM amendment and rezoning in itself does not carry any sustainability attributes. There is no concurrent site plan application. e. Availability of Public Services /Infrastructure. All requests for Future Land Use Map amendments shall be reviewed for long-term capacity availability at the maximum intensity permitted under the requested land use classification. With the maximum of two units ( a duplex) permitted on the subject parcel under the requested zoning, this amendment would have a negligible impact on the capacity of public services/infrastructure. f. Compatibility. The application shall consider the following factors to determine compatibility.- (1) ompatibility.(1) Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would be compatible with the current and future use of adjacent and nearby properties, or would negatively affect the property values of adjacent and nearby properties, and (2) Whether the proposed Future Land Use Map amendment (FLUM) and rezoning is of a scale which is reasonably related to the needs of the neighborhood and the City as a whole. The proposed FLUM amendment and rezoning would be compatible with the current use of adjacent and nearby properties and will not affect local property values. Any potential changes to the area's land use in the future will be guided by the recommendations of the CRA Plan. As already noted, the requested reclassification/rezoning to residential use constitute a reversal of reclassification approved in 2017 for a small, 0.25-acre property. Their impact on the needs of the neighborhood (let alone on the City as a whole) would 4 Page 911 of 1055 Page 5 Catanzaro Residential LUAR 20-003 therefore be negligible. g. Direct Economic Development Benefits. For rezoning/ Future Land Use map amendments involving rezoning to a planned zoning district. N/A h. 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 the City's Economic Development Program, but also determine whether the proposal would.- (1) ould.(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. Since the requested reclassification reverts the property to a residential use, the main economic development benefit of this action would be the project's contribution to the City's tax base. See also response to criterion "a": the property has been on the market for the considerable amount of time, with no takers interested in commercial uses. On the other hand, there has been a significant interest from buyers' in the site's potential for residential development. L 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) onditions.(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 responses to criteria "a" and "h". The proposed FLU amendment/rezoning would reduce the amount of land available for commercial development. However: (1) the property is very small, so the reduction would be insignificant; and (2) the property has been on the market for the considerable amount of time, with no takers interested in commercial uses. On the other hand, there has been a significant interest from buyers' in 5 Page 912 of 1055 Page 6 Catanzaro Residential LUAR 20-003 the site's potential for residential development. j. 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 to the subject case, as it is not a project looking for suitable site. The owner failed to find a buyer willing to develop the property with a commercial use. k. Master Plan and Site Plan Compliance with Land Development Regulations. When master plan and site plan review are required pursuant to Section 2.D.1.e above, both shall comply with the requirements of the respective zoning district regulations of Chapter 3, Article 111 and the site development standards of Chapter 4. No application for a site plan was submitted. RECOMMENDATION The proposed amendment would reverse the property to its previous residential FLU classification and conforming zoning designation after it failed to attract buyers for commercial development under the current zoning. Staff recommends approval of the subject request. S:\Planning\SHARED\WP\PROJECTS\Catanzaro Reside ntial\Catanzaro Residential LUAR 20-005 Staff Report.dou 6 Page 913 of 1055 Exhibit A CATANZARO RESIDENTIAL LOCATION MAP , 1 4 j' � t lit - t v- - , it - i ,1r thy, �t,ta�ts �a 0 15 30 60 90 Feet Page 914 of 1055 Exhibit B CRA REDEVELOPMENT PLAN FLU RECOMMENDATIONS FOR CATANZARO SITE AND ADJACENT AREAS ke:_ s4 V F f � �4 y �� 1 �� 4 •-Y ',� e�g f 4 � t I SE 23rd Ave 1 t � I Y t � G d Legend Proposed Future Land Use Categories High Density Residential (HDR) Max. 15 D.0/Acre Mixed Use Low Max. 20 D.U./Acre Page 915 of 1055 Exhibit C CATANZARO RESIDENTIAL - CURRENT FLU MEDR s CIO 'W Wo M 'W MEDR CIO re r. f SE 23rd Ave Legend MEDIUM DENSITY RESIDENTIAL(MEDR), 11 D.U./Acre SPECIAL HIGH DENSITY RESIDENTIAL (SHDR), 20 D.U./Acre LOCAL RETAIL COMMERCIAL (LRC) TCEA Boundary 0 25 50 0 P j 5 leg55 Exhibit D CATANZARO RESIDENTIAL - PROPOSED FLU MEDR s W .� to M 'W MEDR SITE MEDR F L ( Y tt� r tr � SE 23rd Ave Legend MEDIUM DENSITY RESIDENTIAL(MEDR), 11 D.U./Acre SPECIAL HIGH DENSITY RESIDENTIAL (SHDR), 20 D.U./Acre LOCAL RETAIL COMMERCIAL (LRC) TCEA Boundary 0 25 50 0 P Al�5 leg55 Exhibit E CATANZARO RESIDENTIAL CURRENT ZONING SITE, � 1 I 1 r s , 11 i 1� I s 11 l "II� .sg�}�1�tI��1 Ii,llllllll t`i>g\1,,�\,iil£Illlllllllll lr`4!,',I l}t��l�`��kl�tC sl I l � 1 I I I � I I \ � , I \s I f1 I 5 r , I 1 , 1 :-.- 4i( t, R3 Multi Family, 11 du/ac \�\ I , ,1 C2 Neighborhood Commercial r. 1r� }#IPUD Infill Planned Unit Development r.,... .. ;itit ;\t Il .til t c.1 tl! t)t llyii\r! I CEA Boundary lilt 11 II»4� ,}I ill ,III,}SII ...}�.. (� yl,t+J� 11 1t r�11 I� l��Il S\a,l»�s„ 1 ;y1}t ,t,\ !� �11 1ii ,}�t�l�Il,�ll�ll - I SII, 1 \ 1 5 ,,. ,. 1_: r 15 5 t , t s_ ,15 , , r 1 t# I 1 t \,_ t � _2 r 4..r.,fi,.1f. t t t t , )4._ ,�..l.,.k,s.1, , S t ' l },rF 0 1530 60 90 Feet Page 918 of 1055 Exhibit F CATANZARO RESIDENTIAL PROPOSED ZONING "II� .sg�}�1�tI��1 Ii,llllllll t`i>g\1,,�\,iil£Illlllllllll lr`4!,',I l}t��l�`��kl�tC sl I l � 1 I I I � I I \ � , I \s I f1 I 5 r , I 1 , 1 t� Legend i r t L n e e ,. :-.- 4i t, R3 Multi Family, 11 du/ac IK" I I IIII I III I:IlI l�l:.1�,t,,,il I 11 111I 111 IIII .�,,,311�1l \�\ _\. I I_,I , , r. Neighborhood C2 Commercial i 1 t 41 \ I 4,1t s 1111 ;Ft ,�4lt1�3` tf I 4, d 111 11.,1.111 1r� , , . � , � � , IPUD Infill Planned Unit Development TCEA Boundary �llss� r .. , t... t s_ l_ I 4\ t,.2 ._ IIS � t 0 1530 60 90 Feet Page 919 of 1055 9.A. CITY MANAGER'S REPORT 9/15/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 9/15/2020 Requested Action by Commission: Proposed Resolution No. R20-104-Approve and authorize the City Manager to sign an I nterlocal Agreement with Florida International University to prepare a Diversity and Equity Assessment of City Systems that will review the City's internal systems, policies, and processes to establish the capacity to assess, implement, and monitor a social and racial equity strategy and foster a culture of diversity and inclusion. The assessment will produce a final report summarizing the key findings and provide detailed policy recommendations to address the needs, challenges and opportunities. Further, training will be provided in two phases for all city employees. Explanation of Request: In July 2020, the Boynton Beach City Commission approved the creation of a Task Force to address racial and social equity in the City focused on healthcare, education, housing, public safety, economic opportunity, and internal operations. Staff has researched best practices in addressing racial and social equity with the goal of developing an approach that cultivates consciousness and creates a framework to address racial and social equity in the delivery of City services for the benefit of all communities within the City. Through a partnership with Florida International University, the City will implement the project in two phases. Phase I assessment will review its City's internal systems, policies, and processes to establish the capacity to assess, implement, and monitor a social and racial equity strategy and foster a culture of diversity and inclusion. The Phase I training focuses on fundamental principles, knowledge, tools, and best practices for developing diversity-focused, equity-conscious, and culturally sensitive, competent and responsible public leaders. The Phase I training will also emphasize cultivating and sustaining an organizational environment and climate of diversity, equity and inclusion. This effort will render the analytical framework and engagement to develop study findings and present recommended action/policy items. The initiative will develop baseline evidence- based indicators that can be used to reflect current conditions and allows for monitoring of changes and progress in the future. How will this affect city programs or services? Identification of racial and social inequities and the development of strategies, policies, and actions to build organizational capacity to close the equity gap. Fiscal Impact: Budgeted $163,800 ($20,000- City funding from FY 19-20) Alternatives: Do not consider an I nterlocal Agreement with Florida I nternational University Strategic Plan: Building Wealth in the Community Strategic Plan Application: Climate Action: No Page 920 of 1055 Climate Action Discussion: Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Resolution Resolution approving I LA with F I U for Diversity and Equity Assessment D I nterlocal Agreement I nterlocal Agreement City Systems D Attachment Presentation Page 921 of 1055 1 RESOLUTION NO. R20- 2 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 3 APPROVING AND AUTHORIZING THE CITY MANAGER TO 4 SIGN AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF 5 BOYNTON BEACH AND FLORIDA INTERNATIONAL 6 UNIVERSITY TO PREPARE A DIVERSITY AND EQUITY 7 ASSESSMENT OF CITY SYSTEMS THAT WILL REVIEW 8 THE CITY'S INTERNAL SYSTEMS, POLICIES, AND PROCESSES 9 TO ESTABLISH THE CAPACITY TO ASSESS, IMPLEMENT, AND 10 MONITOR A SOCIAL AND RACIAL EQUITY STRATEGY AND 11 FOSTER A CULTURE OF DIVERSITY AND INCLUSION; AND 12 PROVIDING AN EFFECTIVE DATE. 13 14 WHEREAS, in July 2020,the Boynton Beach City Commission approved the creation of 15 a Task Force to address racial and social equity in the City focused on healthcare, education, 16 housing,public safety, economic opportunity, and internal operations; and 17 WHEREAS, staff has researched best practices in addressing racial and social equity 18 with the goal of developing an approach that cultivates consciousness and creates a framework to 19 address racial and social equity in the delivery of City services for the benefit of all communities 20 within the City; and 21 WHEREAS, the Interlocal Agreement provides that the assessment will produce a final 22 report summarizing the key findings and provide detailed policy recommendations to address the 23 needs, challenges and opportunities; and 24 WHEREAS, the City Commission of the City of Boynton Beach, Florida, upon the 25 recommendation of staff, deems it to be in the best interests of the City residents to approve and 26 authorize the City Manager to sign an Interlocal Agreement with Florida International University 27 to prepare a Diversity and Equity Assessment of City Systems that.will review the City's internal 28 systems,policies,and processes to establish the capacity to assess,implement, and monitor a social 29 and racial equity strategy and foster a culture of diversity and inclusion. 30 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE 31 CITY OF BOYNTON BEACH, FLORIDA, THAT: S:\CA\RESO\Agreements\ILA With FIU Diversity And Equity Assessment-Reso.Docx Page 922 of 1055 32 Section 1. Each Whereas clause set forth above is true and correct and incorporated 33 herein by this reference. 34 Section 2. The City Commission of the City of Boynton Beach, Florida does hereby 35 approve and authorize the City Manager to sign an Interlocal Agreement with Florida International 36 University to prepare a Diversity and Equity Assessment of City Systems that .will review 37 the City's internal systems, policies, and processes to establish the capacity to assess, implement, 38 and monitor a social and racial equity strategy and foster a culture of diversity and inclusion. A 39 copy of the Interlocal Agreement is attached hereto as Exhibit"A". 40 Section 3. That this Resolution shall become effective immediately upon passage. 41 PASSED AND ADOPTED this 15th day of September, 2020. 42 CITY OF BOYNTON BEACH, FLORIDA 43 44 YES NO 45 Mayor— Steven B. Grant 46 47 Vice Mayor— Ty Penserga 48 49 Commissioner—Justin Katz 50 51 Commissioner—Woodrow L. Hay 52 53 Commissioner—Christina L. Romelus 54 55 VOTE 56 ATTEST: 57 58 59 60 Crystal Gibson, MMC 61 City Clerk 62 63 64 (Corporate Seal) S:\CA\RESO\Agreements\ILA With FIU Diversity And Equity Assessment-Reso.Docx Page 923 of 1055 INTERLOCAL AGREEMENT THIS AGREEMENT, made and entered into this 21th day of September, 2020, between the City of Boynton Beach, a Florida municipal corporation, hereinafter called the City and the Florida International University Board of Trustees, a public body corporate, hereinafter called the University or FIU. WITNESSETH: In July 2020, the Boynton Beach City Commission approved the creation of a Task Force to address racial and social equity in the City focused on healthcare, education, housing, public safety, economic opportunity, and internal operations. The initiative aims to create a framework to address racial and social equity in the delivery of City services for the benefit of all communities within the City. Through a partnership with Florida International University, the City will review its City's internal systems, policies, and processes to establish the capacity to assess, implement, and monitor a social and racial equity strategy and foster a culture of diversity and inclusion. This effort will render the analytical framework and engagement to develop study findings and present recommended action/policy items. The initiative will develop baseline evidence-based indicators that can be used to reflect current conditions and allows for monitoring of changes and progress in the future. In consideration of the foregoing, the City desires to retain the services of FIU to prepare a Diversity and Equity Assessment of City Systems. PROVISIONS: ARTICLE 1.00: FIU will prepare a Diversity and Equity Assessment of City Systems. FIU has identified the scope of services is described in Exhibit "A" attached hereto in the amount of $163,800. ARTICLE 2.00: The City and FIU will furnish, each to the other, the respective services, information and items covering such work and the compensation to be paid therefore. Once the agreement is executed, the City Manager authorizes the work to be completed. The City will furnish FIU and its duly designated representative information including, but not limited to, existing data and projects related to the study area that is in its possession or control. FIU will perform, in a timely and professional manner, the work elements set forth in Exhibit "A. ARTICLE 3.00: The term of this Agreement will terminate two (2) years from the effective date of this Agreement. 1 Page 924 of 1055 ARTICLE 4.00: FIU will provide Project Schedule progress reports in a format acceptable to the City Manager or his designee. The City Manager or his designee shall be entitled at all times to be advised, at his request, as to the status of work being done by FIU and of the details thereof. Coordination shall be maintained by FIU with representatives of the City. Either party to the agreement may request and be granted a conference. ARTICLE 5.00: In the event there are delays on the part of the City as to the approval of any of the materials submitted by FIU or if there are delays occasioned by circumstances beyond the control of FIU which may delay the Project Schedule completion date, the City Manager or his designee may grant FIU a written extension of the contract time, equal to the aforementioned delays, provided there are no changes in compensation or scope of work. FIU will ensure that sufficient contract time remains within which to complete services on the project and each major milestone in accordance with Exhibit "A". In the event there have been delays which would affect the project completion date or the completion date of any major milestone, FIU shall submit a written request to the City Manager or his designee at least twenty (20) days prior to the schedule completion date which identifies the reason(s) for the delay and the amount of time related to each reason. The City Manager or his designee will review the request and make a determination as to whether to grant all or part of the requested extension. There shall be no advance payments. In the event contract time expires and FIU has not requested, or if the City Manager or his designee has denied an extension of the completion date, no payment for the project will be made until a time extension is granted or all work has been completed and accepted by the City Manager or his designee. ARTICLE 6.00: FIU shall maintain an adequate and competent professional staff for the purpose of its services hereunder, without additional cost to the City, other than those costs negotiated within the limits and terms of this Agreement and upon approval by the City Manager, such specialists as FIU may consider necessary. ARTICLE 7.00: FIU shall not be liable for use by the City of plans, documents, studies, or other data for any purpose other than intended by the terms of this Agreement. ARTICLE 8.00: All tracings, plans, specifications, maps, or reports obtained under this Agreement from City shall be considered research and may be used by the Universityor City without restriction or limitation on their use; and shall be made available, upon request, to the City at any time. Copies of these documents and records shall be furnished to the City upon request, verbal or written, allowing reasonable time for the productionof such copies. 2 Page 925 of 1055 SUB-ARTICLE 8.10: Records of costs incurred by FIU and all subconsultants performing work on the project, and all other records of FIU and sub consultants considered necessary by the City for proper audit of project costs, shall be made available to the City upon reasonable request. FIU shall allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, and Section 1004.22 Florida Statutes, and made or received by FIU in conjunction with this Agreement. Failure by FIU to grant such public access shall be grounds for immediate unilateral cancellation of this Agreement by the City Manager. ARTICLE 9.00: FIU shall comply with all federal, state, and local laws and ordinances applicable to the work or payment for work thereof, and shall not discriminate on the grounds of race, color, religion, sex, or national origin in the performance of work under this Agreement. ARTICLE 10.00: Upon execution of this Agreement, the City will pay FIU twenty thousand and No/100 dollars ($20,000). FIU will invoice the remainder of the project as tasks are completed in accordance with the scope of services described in Exhibit "A". ARTICLE 11.00: The City Manager may terminate this Agreement in whole or in part at any time the interest of the City requires such termination. SUB-ARTICLE 11.10: If the City Manager determines that the performance of FIU is not satisfactory, the City Manager shall have the option of (a) immediately terminating the Agreement or (b) notifying FIU of the deficiency with a requirement that the deficiency be corrected within a specified time, otherwise the Agreement will be terminated at the end of such time. SUB-ARTICLE 11.20: If the City Manager requires termination of the Agreement for reasons other than unsatisfactory performance of FIU, the City Manager shall notify FIU of such termination, with instructions as to the effective date of termination or specify the stage of work at which the Agreement is to be terminated. SUB-ARTICLE 11.30: If the Agreement is terminated following commencement and before performance is completed, FIU shall be paid for the work satisfactorily performed. FIU shall be paid costs for work in progress up to the time of termination plus any non-cancelable commitments entered into by FIU in furtherance of this Agreement prior to receipt of notice of termination. Payment is not to exceed the prorated amount of the total agreement amount based on work satisfactorily completed. Such determination by the City Manager or their designee shall be based and calculated upon a percentage allocation of total project cost. 3 Page 926 of 1055 ARTICLE 12.00: All words used herein in the singular form shall extend to and include the plural. All words used in the plural form shall extend to and include the singular. All words used in any gender shall extend to and include all genders. ARTICLE 13.00: FIU warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for FIU, to solicit or secure this Agreement, and that it has not paid or agreed to pay any person, company, corporation, individual or firm any fee, commission, percentage, gift or any other consideration, contingent upon or resulting from the award or making of this Agreement. It is understood and agreed that the term "fee" shall also include brokerage fee, however denoted. SUB-ARTICLE 13.10: For the breach or violation of Article 13.00, the City Manager shall have the right to terminate this Agreement without liability, and,at his discretion, to deduct from the contract price, or otherwise recover, the full amount of such fee, commission, percentage, gift or consideration. ARTICLE 14.00: FIU shall make no statements, press releases or publicity releases concerning this Agreement or its subject matter or otherwise disclose or permit to be disclosed any of the confidential data or other information obtained or furnished in compliance with this Agreement, or any particulars thereof, during the period of this Agreement, without first notifying the City Manager or his designee and securing its consent, except that the City acknowledges under the provisions of Florida Statute 1004.22, the FIU is required to disclose the names of the projects, the principal investigators and the sources and dollar amounts of funding. This Section shall not be construed to limit or restrict public access to documents, papers, letters or othermaterial pursuant to Article 8.10 of this Agreement. Nothing contained herein or elsewhere in this Agreement shall preclude FIU or its employees or students from publishing and copywriting scholarly articles, abstracts or similar documents concerning the research conducted under this Agreement. ARTICLE 15.00: The City shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure. Any contract, verbal or written, made in violation of this subsection shall be null and void, and no money shall be paid on such Contract. ARTICLE 16.00: The following provision shall be applicable to this Agreement: FIU shall invoice in a format acceptable to the City Manager or his designee and shall be paid accordingly. The invoice shall include the Project Schedule progress reports as provided in Article 4.00. FIU shall invoice the balance remain on the contract pursuant to conditions fulfilled in article. SUB-ARTICLE 16.10: Compensation provided in Article hereof shall be adjusted to exclude any significant sums where the City Manager shall determine that 4 Page 927 of 1055 reported costs by FIU reflect inaccurate, incomplete, or noncurrent costs. All such adjustments shall be made within 60 days following the end of the Agreement. For purpose of this Agreement, the end of the Agreement shall be deemed to be the date of final billing or acceptance of the work by the City Manager or his designee, whichever is later. ARTICLE 17.00: Standards of Conduct - Conflict of Interest - FIU and its employees shall be bound by the standards of conduct provided in Florida Statutes, Section 112.313 as it relates to work performed under this Agreement, which standards will by reference be made a part of this Agreement as though set forth in full. FIU will incorporate the provisions of this article in any subcontract into which it might enter with reference to the work performed. ARTICLE 18.00: The City Manager reserves the right to cancel and terminate this Agreement in the event FIU or any employee, servant, or agent of FIU is indicted or has direct information issued against him for any crime arising out of or in conjunction with any work being performed by FIU for or on behalf of the City, without penalty. It is understood and agreed that in the event of such termination, a copy of all reports, tracings, plans, specifications, maps, and data prepared or obtained under this Agreement shall immediately be turned over to the City Manager in conformity with the provisions of Article 18.00 hereof. FIU shall be compensated for its services rendered up to the time of any such termination in accordance with Article 11.00 hereof. ARTICLE 19.00: To the extent permitted by law, and subject to the limitations included within Florida Statutes Section 768.28, FIU shall indemnify and save harmless the City from any and all claims, liability, losses and causes of action arising out of FIU's negligence or otherwrongful acts in the performance of this Agreement. However, nothing herein shall be deemed to indemnify the City for any liability or claims arising out of the negligence, performance, or lack of performance of the City. To the extent permitted by law, and subject to the limitations included within Florida Statutes Section 768.28, the City shall indemnify and save harmless FIU from any and all claims, liability, losses and causes of action arising out of the City's negligence or other wrongful acts in the performance of this agreement. However, nothing herein shall be deemed to indemnify FIU for any liability or claims arising out to the negligence, performance, or lack of performance of FIU. ARTICLE 20.00: This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. No alteration, change or modification of the terms of this Agreement shall be valid unless specified in writing, signed by both parties hereto, and approved by the City Commissioners of the City. This Agreement, regardless of where executed, shall be governed by and construed according to the laws of the State of Florida and venue shall be in Broward County, Florida. 5 Page 928 of 1055 ARTICLE 21.00: Neither party may use the other party's trade names, trademarks, service marks, logos or other designations except to the extent and in the manner, which is expressly provided for in writing by the other party. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK 6 Page 929 of 1055 IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year first written above. CITY OF BOYNTON BEACH, a Florida municipal corporation WITNESS: By [Witness type/print name] Lori LaVerriere, City Manager (CORPORATE SEAL) ATTEST: By Crystal Gibson, City Clerk APPROVED AS TO FORM: By Jim Cherof, City Attorney 7 Page 930 of 1055 PARTICIPANT WITNESSESS: The Florida International University Board of Trustees (Witness print name) Assistant Vice President for Research (Witness print name) STATE OF FLORIDA: The foregoing instrument was acknowledged before me this day of 2020 by as of Florida International University, a public university Who is personally known to me or have produced as identification. (SEAL) Notary, State of Florida (Signature of Notary Typed, Printed, or Stamped My Commission Expires s Page 931 of 1055 EXHIBIT "A" Scope of Work 2021 Boynton Beach Diversity and Equity Assessment of City Systems Overview In July 2020,the Boynton Beach City Commission approved the creation of a Task Force to address racial and social equity in the City focused on healthcare, education,housing, public safety,economic opportunity, and internal operations.The initiative aims to create a framework to address racial and social equity in the delivery of City services for the benefit of all communities within the City.Through a partnership with Florida International University,the City will review its City's internal systems, policies,and processes to establish the capacity to assess, implement,and monitor a social and racial equity strategy and foster a culture of diversity and inclusion.This effort will render the analytical framework and engagement to develop study findings and present recommended action/policy items. The initiative will develop baseline evidence-based indicators that can be used to reflect current conditions and allows for monitoring of changes and progress in the future. Scope of Work The Consultant will prepare a Diversity and Equity Assessment of City Systems which will include the following Scope of Work A. Diversity, Equity,and Inclusion Assessment of the City and Departments The proposed assessment focuses on internal policies,processes,organizational structures,and safeguards that are conducive or obstructive to 1) fostering of a culture of diversity, equity and inclusion within the City, 2) development and implementation of socially and economically equitable and sustainable policies. Evaluating the extent to which socially and economically equitable and sustainable goals are accomplished is beyond the scope of the internal assessment, but an integral component of the external assessment elaborated in the earlier sections. The internal assessment will start with an overarching review of the City's policies, processes, and safeguards that will ensure and enhance a culture of diversity,equity and inclusion within the City. The City's current practices will be benchmarked against national best practices and then recommendations and action plans will be developed.A Diversity, Equity, and Inclusion Plan will be created for the City,capturing the actionable policy recommendations,articulating the City's strategy in Diversity, Equity,and Inclusion,and providing key performance indicators. Implementing the recommended policy actions and evaluating their effectiveness on organizational environment are beyond the scope of the internal assessment due to time and data constraints. It typically takes considerable time for policy proposals to be approved through a political process,takes a few years for new policy initiatives to be fully implemented,and takes another a few days to observe any positive and desirable policy outcomes. With a clear understanding of the City's overall,current status and future directions in cultivating and enhancing a culture of diversity,equity and inclusion,the internal assessment will then focus on major functional units/departments regarding each department's status in development and implementation of socially and economically equitable and sustainable policies. Five departments will be selected, Human Resource, Purchasing and Procurement, Economic Development, Police, and Park and Recreation. Similarly,benchmarking, identification of departmental unique Page 932 of 1055 challenges and obstacles,recommendation and action plans, and departmental tailored Diversity, Equity, and Inclusion Plans will be developed for each of the five functional areas and departments of the City. Two phases of training for the City's employees are also proposed.The Phase I training focuses on fundamental principles,knowledge,tools, and best practices for developing diversity-focused, equity-conscious,and culturally sensitive,competent and responsible public leaders.The Phase I training will also emphasize cultivating and sustaining an organizational environment and climate of diversity,equity and inclusion. The Phase II training will be based on the City-wide and departmental specific assessments and recommended actionable plans and will familiarize City employees with the proposed new policies and practices. Each proposed training will have hybrid format consisting online,self-paced learning modules and one face-to-face meeting facilitating interaction, discussion,and experiential learning.A face-to-face session will be planned and held for no more than six business hours and for no more than 25 attendees to ensure effective interactions. Class evaluations regarding effectiveness of the instructors,training contents,and online and face- to-face delivery formats will be carried out as a part of the proposed trainings. However,assessing City employees'perceptual and behavioral changes and/or City's and departments'organizational transformation is beyond the scope of the proposed internal assessment, due to the same time and data constraints discussed earlier. The research team will work closely with the FIU Office of Micro-Credentials and develop corresponding digital badge(s).After successfully completing their trainings,all attendees will be micro-credentialled in areas of diversity,equity, inclusion, or cultural competency and will each receive a digital badge' as a representation of competencies gained through trainings. The digital badge can be embedded in social media pages, e-mail signatures,and hardcopy resumes. The specifics of the proposed digital badge(s)will be further discussed with the City and the Office of Micro-Credentials, and are subject to relevant FIU policies and FIU review and approval timetables. TOTAL AGREEMENT BUDGET: $163,800 1C Page 933 of 1055 Proposed Budget Phase I Internal assessment City-wide assessment, $30,000 plus 26% FIU including national indirect cost benchmarking, policy recommendations and action plans,and a City Diversity, Equity,and Inclusion Plan Phase I training: Content development $15,000 plus 26% FIU Fundamental,universal indirect cost training for all City 20-25 face to face $15,000 plus 26% FIU employees (800+ sessions expected in indirect cost employees) addition to asynchronous,self- paced online learning modules Phase I Total $75,600 Phase II Departmental assessment $30,000 ($6,000 each) plus 26% FIU indirect cost Phase II training: Content development $25,000 ($5,000 each) Departmental,tailored plus 26% FIU indirect training cost 20-25 face to face $15,000 plus 26% FIU sessions expected in indirect cost addition to asynchronous,self- paced online learning modules Phase II Total $88,200 Proposed Total for $163,800' Internal Assessment 11 Page 934 of 1055 zm LL V 'DIM ma low Ism 4t ... 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CITY MANAGER'S REPORT 9/15/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 9/15/2020 Requested Action by Commission: Proposed Resolution No. R20-105-Approve and authorize the City Manager to sign an I nterlocal Agreement with Florida International University to prepare a Racial and Social Equity Comprehensive Community Needs Assessment to include three (3) phases: an analytical analysis of the City's demographics and established Focus Areas, local community engagement, and a final report summarizing the key findings under each policy area and provide detailed policy recommendations to address the needs, challenges and opportunities. Explanation of Request: In July 2020, the Boynton Beach City Commission approved the creation of a Task Force to address racial and social equity in the City focused on healthcare, education, housing, public safety, economic opportunity, and internal operations. Staff has researched best practices in addressing racial and social equity with the goal of developing an approach that cultivates consciousness and creates a framework to address racial and social equity in the delivery of City services for the benefit of all communities within the City. How will this affect city programs or services? Identification of racial and social inequities and the development of strategies and policies to close the equity gap. Fiscal Impact: Non-budgeted $20,000- Initial City funding from FY 19-20. F I U has identified the scope of services is described in Exhibit"A" attached hereto in the amount of $125,000. The City will contribute $20,000 toward the Comprehensive Community Needs Assessment. FI U and the City agree to pursue grant funding for the remaining project fee. Alternatives: Do not consider an I nterlocal Agreement with Florida I nternational University Strategic Plan: Building Wealth in the Community Strategic Plan Application: Climate Action: No Climate Action Discussion: Is this a grant? Page 948 of 1055 Grant Amount: ATTACHMENTS: Type Description D Resolution Resolution approving I LA with IF I U for Racial and Social Equity Community needs assement. D Attachment I nterlocal Agreement Page 949 of 1055 1 RESOLUTION NO. R20- 2 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 3 APPROVING AND AUTHORIZING THE CITY MANAGER TO 4 SIGN AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF 5 BOYNTON BEACH AND FLORIDA INTERNATIONAL 6 UNIVERSITY TO PREPARE A RACIAL AND SOCIAL EQUITY 7 COMPREHENSIVE COMMUNITY NEEDS ASSESSMENT AND 8 PROVIDE DETAILED POLICY RECOMMENDATIONS TO 9 ADDRESS THE NEEDS, CHALLENGES AND OPPORTUNITIES; 10 AND PROVIDING AN EFFECTIVE DATE. 11 12 WHEREAS, in July 2020,the Boynton Beach City Commission approved the creation of 13 a Task Force to address racial and social equity in the City focused on healthcare, education, 14 housing,public safety, economic opportunity, and internal operations; and 15 WHEREAS, staff has researched best practices in addressing racial and social equity 16 with the goal of developing an approach that cultivates consciousness and creates a framework to 17 address racial and social equity in the delivery of City services for the benefit of all communities 18 within the City; and 19 WHEREAS, the Interlocal Agreement provides that the Racial and Social Equity 20 Comprehensive Community Needs Assessment will include three (3) phases: an analytical 21 analysis of the City's demographics and established Focus Areas, local community engagement, 22 and a final report summarizing the key findings under each policy area; and 23 WHEREAS, the City Commission of the City of Boynton Beach, Florida, upon the 24 recommendation of staff, deems it to be in the best interests of the City residents to approve and 25 authorize the City Manager to sign an Interlocal Agreement with Florida International University 26 to prepare a Racial and Social Equity Comprehensive Community Needs Assessment and provide 27 detailed policy recommendations to address the needs, challenges and opportunities. 28 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE 29 CITY OF BOYNTON BEACH, FLORIDA, THAT: 30 Section 1. Each Whereas clause set forth above is true and correct and incorporated 31 herein by this reference. S:ACA\RESO\Agreements\ILA With FN Racial And Social Equity Community Needs Assessment-Reso.Docx Page 950 of 1055 32 Section 2. The City Commission of the City of Boynton Beach, Florida does hereby 33 approve and authorize the City Manager to sign the Interlocal Agreement between the City of 34 Boynton Beach and Florida International University to prepare a Racial and Social Equity 35 Comprehensive Community Needs Assessment and provide detailed policy recommendations to 36 address the needs, challenges and opportunities. A copy of the Interlocal Agreement is attached 37 hereto as Exhibit"A". 38 Section 3. That this Resolution shall become effective immediately upon passage. 39 PASSED AND ADOPTED this 15th day of September, 2020. 40 CITY OF BOYNTON BEACH, FLORIDA 41 42 YES NO 43 Mayor— Steven B. Grant 44 45 Vice Mayor— Ty Penserga 46 47 Commissioner—Justin Katz 48 49 Commissioner—Woodrow L. Hay 50 51 Commissioner—Christina L. Romelus 52 53 VOTE 54 ATTEST: 55 56 57 58 Crystal Gibson, MMC 59 City Clerk 60 61 62 (Corporate Seal) S:ACA\RESO\Agreements\ILA With FN Racial And Social Equity Community Needs Assessment-Reso.Docx Page 951 of 1055 INTERLOCAL AGREEMENT THIS AGREEMENT, made and entered into this 21th day of September, 2020, between the City of Boynton Beach, a Florida municipal corporation, hereinafter called the City and the Florida International University Board of Trustees, a public body corporate, hereinafter called the University or FIU. WITNESSETH: In July 2020, the Boynton Beach City Commission approved the creation of a Task Force to address racial and social equity in the City focused on healthcare, education, housing, public safety, economic opportunity, and internal operations. The initiative aims to create a framework to address racial and social equity in the delivery of City services for the benefit of all communities within the City. Through a partnership with Florida International University, the City will render the analytical framework and community engagement to develop study findings and present recommended action/policy items for each area of focus. The initiative will develop a baseline evidence-based understanding of the community characteristics and trajectory with indicators that can be used to develop a social equity index that reflects current conditions and allows for monitoring of changes and progress in the future. In consideration of the foregoing, the City desires to retain the services of FIU to prepare a Comprehensive Community Needs Assessment. PROVISIONS: ARTICLE 1.00: FIU will prepare a Comprehensive Community Needs Assessment. FIU has identified the scope of services is described in Exhibit "A" attached hereto in the amount of $125,000. The City will contribute $20,000 toward the Comprehensive Community Needs Assessment. FIU and the City will pursue grant funding for the remaining project fee as described in Exhibit "A". ARTICLE 2.00: The City and FIU will furnish, each to the other, the respective services, information and items covering such work and the compensation to be paid therefore. Once the agreement is executed, the City Manager authorizes the work to be completed. The City will furnish FIU and its duly designated representative information including, but not limited to, existing data and projects related to the study area that is in its possession or control. FIU will perform, in a timely and professional manner, the work elements set forth in Exhibit "A. ARTICLE 3.00: The term of this Agreement will terminate Six (6) months from the effective date of this Agreement. The Comprehensive Community Needs Assessment task will not commence until grant funding is secured in accordance with Article 1.00. 1 Page 952 of 1055 ARTICLE 4.00: FIU will provide Project Schedule progress reports in a format acceptable to the City Manager or his designee. The City Manager or his designee shall be entitled at all times to be advised, at his request, as to the status of work being done by FIU and of the details thereof. Coordination shall be maintained by FIU with representatives of the City. Either party to the agreement may request and be granted a conference. ARTICLE 5.00: In the event there are delays on the part of the City as to the approval of any of the materials submitted by FIU or if there are delays occasioned by circumstances beyond the control of FIU which may delay the Project Schedule completion date, the City Manager or his designee may grant FIU a written extension of the contract time, equal to the aforementioned delays, provided there are no changes in compensation or scope of work. FIU will ensure that sufficient contract time remains within which to complete services on the project and each major milestone in accordance with Exhibit "A". In the event there have been delays which would affect the project completion date or the completion date of any major milestone, FIU shall submit a written request to the City Manager or his designee at least twenty (20) days prior to the schedule completion date which identifies the reason(s) for the delay and the amount of time related to each reason. The City Manager or his designee will review the request and make a determination as to whether to grant all or part of the requested extension. There shall be no advance payments. In the event contract time expires and FIU has not requested, or if the City Manager or his designee has denied an extension of the completion date, no payment for the project will be made until a time extension is granted or all work has been completed and accepted by the City Manager or his designee. ARTICLE 6.00: FIU shall maintain an adequate and competent professional staff for the purpose of its services hereunder, without additional cost to the City, other than those costs negotiated within the limits and terms of this Agreement and upon approval by the City Manager, such specialists as FIU may consider necessary. ARTICLE 7.00: FIU shall not be liable for use by the City of plans, documents, studies, or other data for any purpose other than intended by the terms of this Agreement. ARTICLE 8.00: All tracings, plans, specifications, maps, or reports obtained under this Agreement from City shall be considered research and may be used by the Universityor City without restriction or limitation on their use; and shall be made available, upon request, to the City at any time. Copies of these documents and records shall be furnished to the City upon request, verbal or written, allowing reasonable time for the productionof such copies. SUB-ARTICLE 8.10: Records of costs incurred by FIU and all subconsultants performing work on the project, and all other records of FIU and sub consultants 2 Page 953 of 1055 considered necessary by the City for proper audit of project costs, shall be made available to the City upon reasonable request. FIU shall allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, and Section 1004.22 Florida Statutes, and made or received by FIU in conjunction with this Agreement. Failure by FIU to grant such public access shall be grounds for immediate unilateral cancellation of this Agreement by the City Manager. ARTICLE 9.00: FIU shall comply with all federal, state, and local laws and ordinances applicable to the work or payment for work thereof, and shall not discriminate on the grounds of race, color, religion, sex, or national origin in the performance of work under this Agreement. ARTICLE 10.00: Upon execution of this Agreement, the City will provide to FIU its project contribution of twenty thousand and No/100 dollars ($20,000), the remainder of the agreement will be funded through grant funding in accordance with Article 3.00. ARTICLE 11.00: The City Manager may terminate this Agreement in whole or in part at any time the interest of the City requires such termination. SUB-ARTICLE 11.10: If the City Manager determines that the performance of FIU is not satisfactory, the City Manager shall have the option of (a) immediately terminating the Agreement or (b) notifying FIU of the deficiency with a requirement that the deficiency be corrected within a specified time, otherwise the Agreement will be terminated at the end of such time. SUB-ARTICLE 11.20: If the City Manager requires termination of the Agreement for reasons other than unsatisfactory performance of FIU, the City Manager shall notify FIU of such termination, with instructions as to the effective date of termination or specify the stage of work at which the Agreement is to be terminated. SUB-ARTICLE 11.30: The City Manager reserves the right, in its best interest as determined by the City, to terminate this contract for unappropriated funds or unavailability of funds in accordance with Article 3.00 by giving written notice to FIU at least thirty (30) days prior to the effective date of such cancellation and FIU shall return the City's $20,000 project contribution. SUB-ARTICLE 11.40: If the Agreement is terminated following commencement and before performance is completed, FIU shall be paid for the work satisfactorily performed. FIU shall be paid costs for work in progress up to the time of termination plus any non-cancelable commitments entered into by FIU in furtherance of this Agreement prior to receipt of notice of termination. Payment is 3 Page 954 of 1055 not to exceed the prorated amount of the total agreement amount based on work satisfactorily completed. Such determination by the City Manager or their designee shall be based and calculated upon a percentage allocation of total project cost. ARTICLE 12.00: All words used herein in the singular form shall extend to and include the plural. All words used in the plural form shall extend to and include the singular. All words used in any gender shall extend to and include all genders. ARTICLE 13.00: FIU warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for FIU, to solicit or secure this Agreement, and that it has not paid or agreed to pay any person, company, corporation, individual or firm any fee, commission, percentage, gift or any other consideration, contingent upon or resulting from the award or making of this Agreement. It is understood and agreed that the term "fee" shall also include brokerage fee, however denoted. SUB-ARTICLE 13.10: For the breach or violation of Article 13.00, the City Manager shall have the right to terminate this Agreement without liability, and,at his discretion, to deduct from the contract price, or otherwise recover, the full amount of such fee, commission, percentage, gift or consideration. ARTICLE 14.00: FIU shall make no statements, press releases or publicity releases concerning this Agreement or its subject matter or otherwise disclose or permit to be disclosed any of the confidential data or other information obtained or furnished in compliance with this Agreement, or any particulars thereof, during the period of this Agreement, without first notifying the City Manager or his designee and securing its consent, except that the City acknowledges under the provisions of Florida Statute 1004.22, the FIU is required to disclose the names of the projects, the principal investigators and the sources and dollar amounts of funding. This Section shall not be construed to limit or restrict public access to documents, papers, letters or othermaterial pursuant to Article 8.10 of this Agreement. Nothing contained herein or elsewhere in this Agreement shall preclude FIU or its employees or students from publishing and copywriting scholarly articles, abstracts or similar documents concerning the research conducted under this Agreement. ARTICLE 15.00: The City shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure. Any contract, verbal or written, made in violation of this subsection shall be null and void, and no money shall be paid on such Contract. ARTICLE 16.00: The following provision shall be applicable to this Agreement: FIU shall invoice in a format acceptable to the City Manager or his designee and shall be paid accordingly. The invoice shall include the Project Schedule progress reports as provided 4 Page 955 of 1055 in Article 4.00. FIU shall invoice the balance remaining on the contract pursuant to conditions fulfilled in article. SUB-ARTICLE 16.10: Compensation provided in Article hereof shall be adjusted to exclude any significant sums where the City Manager shall determine that reported costs by FIU reflect inaccurate, incomplete or noncurrent costs. All such adjustments shall be made within 60 days following the end of the Agreement. For purpose of this Agreement, the end of the Agreement shall be deemed to be the date of final billing or acceptance of the work by the City Manager or his designee, whichever is later. ARTICLE 17.00: Standards of Conduct - Conflict of Interest - FIU and its employees shall be bound by the standards of conduct provided in Florida Statutes, Section 112.313 as it relates to work performed under this Agreement, which standards will by reference be made a part of this Agreement as though set forth in full. FIU will incorporate the provisions of this article in any subcontract into which it might enter with reference to the work performed. ARTICLE 18.00: The City Manager reserves the right to cancel and terminate this Agreement in the event FIU or any employee, servant, or agent of FIU is indicted or has direct information issued against him for any crime arising out of or in conjunction with any work being performed by FIU for or on behalf of the City, without penalty. It is understood and agreed that in the event of such termination, a copy of all reports, tracings, plans, specifications, maps, and data prepared or obtained under this Agreement shall immediately be turned over to the City Manager in conformity with the provisions of Article 18.00 hereof. FIU shall be compensated for its services rendered up to the time of any such termination in accordance with Article 11.00 hereof. ARTICLE 19.00: To the extent permitted by law, and subject to the limitations included within Florida Statutes Section 768.28, FIU shall indemnify and save harmless the City from any and all claims, liability, losses and causes of action arising out of FIU's negligence or otherwrongful acts in the performance of this Agreement. However, nothing herein shall be deemed to indemnify the City for any liability or claims arising out of the negligence, performance, or lack of performance of the City. To the extent permitted by law, and subject to the limitations included within Florida Statutes Section 768.28, the City shall indemnify and save harmless FIU from any and all claims, liability, losses and causes of action arising out of the City's negligence or other wrongful acts in the performance of this agreement. However, nothing herein shall be deemed to indemnify FIU for any liability or claims arising out to the negligence, performance, or lack of performance of FIU. ARTICLE 20.00: This Agreement shall be governed by and construed in accordance with 5 Page 956 of 1055 the laws of the State of Florida. No alteration, change or modification of the terms of this Agreement shall be valid unless specified in writing, signed by both parties hereto, and approved by the City Commissioners of the City. This Agreement, regardless of where executed, shall be governed by and construed according to the laws of the State of Florida and venue shall be in Broward County, Florida. ARTICLE 21.00: Neither party may use the other party's trade names, trademarks, service marks, logos or other designations except to the extent and in the manner, which is expressly provided for in writing by the other party. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK 6 Page 957 of 1055 IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year first written above. CITY OF BOYNTON BEACH, a Florida municipal corporation WITNESS: By [Witness type/print name] Lori LaVerriere, City Manager (CORPORATE SEAL) ATTEST: By Crystal Gibson, City Clerk APPROVED AS TO FORM: By Jim Cherof, City Attorney 7 Page 958 of 1055 PARTICIPANT WITNESSESS: The Florida International University Board of Trustees (Witness print name) Assistant Vice President for Research (Witness print name) STATE OF FLORIDA: The foregoing instrument was acknowledged before me this day of 2020 by as of Florida International University, a public university Who is personally known to me or have produced as identification. (SEAL) Notary, State of Florida (Signature of Notary Typed, Printed, or Stamped My Commission Expires Page 959 of 1055 EXHIBIT "A" Scope of Work 2021 Boynton Beach Community Needs Assessment Overview In July 2020,the Boynton Beach City Council approved the creation of a Task Force to address racial and social equity in the City.The initiative aims to create a framework to address racial and social equity in the delivery of City services for the benefit of all communities within the City. To that end, the City needs to develop a baseline evidence-based understanding of the community characteristics and trajectory. The scope of work presented below outlines some of the indicators that can be used to develop a social equity index that reflects current conditions and allows for monitoring of changes and progress in the future. Scope of Work The Consultant will prepare a Comprehensive Community Needs Assessment which will include the following Scope of Work. The Scope of Work details the various elements of the Study including the analytical framework,community engagement and study findings and recommendations for each policy area. A. Analytics The secondary data collection aims to describe the Boynton Beach community,over time and across racial and ethnic groups. In addition to communities of color,the assessment will provide analytics for LGBTQA community. senior residents,and religiously marginalized communities. The data collection is geared towards providing a comprehensive,holistic analysis that connects the different indicators and speaks to the barriers and opportunities for community development. The analytics will be developed for the city as well as by neighborhood. The study includes,but is not limited to,the following data,analysis,and information: 1. Demographics ➢ Population by age,gender, race and ethnicity ➢ Population growth trends ➢ Population changes with an emphasis on recent shifts due to economic and housing conditions ➢ Household types by race and ethnicity ➢ Household type by tenure 2. Economic Development ➢ Median family,household and per capita income by race ➢ Persons living in poverty ➢ Children living in poverty ➢ Labor force ➢ Employment and unemployment rates ➢ Employment by occupation ➢ Employment by industry ➢ Transportation and commuter patterns ➢ Employment inflow and outflow Page 960 of 1055 3. Education ➢ Educational attainment ➢ Graduation rates ➢ Student retention ➢ Race/ethnic composition of the student population ➢ Student membership by race/ethnicity ➢ Full time administrative staff by race/ethnicity ➢ Full time instructional staff by race/ethnicity ➢ Attendance by race and ethnicity ➢ Student participation in advanced level courses by race ➢ Number of suspensions by race ➢ Student enrollment in local colleges and universities by race/ethnic composition by area of study ➢ Student enrollment race/ethnicity by public university 4. Housing ➢ Housing units by structure type ➢ Age and condition of housing ➢ Housing tenure by race and ethnicity ➢ Housing vacancies by tenure ➢ Median gross rents ➢ Median home values by housing type ➢ Cost-burdened households by tenure ➢ Foreclosure activity ➢ Lending activity ➢ Affordable housing construction activity ➢ Housing and transportation costs 5. Criminal Justice and safety ➢ Crime rates by type ➢ Juvenile crime rates ➢ Number of arrests ➢ Inmates by race ➢ Executions by race for the State of Florida ➢ Inmates on death row by race, Miami-Dade County 6. Public Health ➢ Leading causes of death ➢ Infant mortality rates by race/ethnicity ➢ Maternal and infant health ➢ HIV and AIDS incident by race and ethnicity, gender,age and exposure ➢ HIV deaths ➢ Obesity ➢ Health insurance coverage ➢ Health resources Deliverables: Detailed report on the status of the Communities of Color in the City of Boynton Beach, highlighting changes over time and in comparison to other groups across the topical areas Page 961 of 1055 B. Community Engagement The development of relationships with local communities stakeholders to partner in the research process is critical for understanding areas of critical need and developing interventions that are compatible with this community. To that end,in collaboration with the City of Boynton Beach,the Consultant will develop a community-based participatory research plan with the following elements: • Identify census tracts and neighborhoods with a high concentration of People of Color (Black/African American, Latinx, Native/Indigenous American,Asian American)who are residents,using mapping technology,to enable targeted, place-based outreach.The targeted engagement strategy will also include LGBTQA community,senior residents,and religiously marginalized communities. • Identify neighborhood associations or umbrella organizations that represent the largest concentrations of People of Color (Black/African American, Latinx, Native/Indigenous American,Asian American)who are residents. Some channels of communication include Chambers of Commerce,faith-based organizations,and community resources that are appropriate for outreach to target populations. • Facilitate a focus group or organize interviews with community leaders.The focus group and/or interviews will identify the participants'concerns for their community in a particular area (e.g.health,education/learning,families,hosing etc.),as well as resources currently available in their community to address the problems identified,and barriers to access. • Develop a survey collecting,at minimum,self-reported socio-economic characteristics and demographics; the most pressing needs and concerns; desired community services; and barriers to accessing services. The survey will be administered citywide and will be distributed using the appropriate probability sampling method via phone,mail,online on in person,in partnership with community-based organizations. • Develop a presentation with the main findings by topical focus area,e.g.economic conditions, health disparities etc. Presentation will be used to inform and guide the discussion at community meetings. • Identify up to 4 locations for public meetings with the targeted communities. Once meeting locations have been identified,the consultant will then work with established community organizations to advertise and promote the meetings through various media outlets. Members of the Boynton Beach staff will assist the consultant with these presentations. Sign-in sheets of meeting attendance will be maintained. The consultant will create a data base of associations, contacts,meeting schedules. • Organize two rounds of public meetings,with the first round aimed at informing the community of the research findings,and the second round focused on identifying strategies to address concerns and/or soliciting community feedback on proposed strategies. • Develop information boards,handouts and other printed materials for the public meeting participants. Design electronic version of all materials for social media distribution. Deliverables: Survey instrument,community organizations and partner list,outreach and promotional materials,presentation,survey report,community discussions reports Page 962 of 1055 C. Key Findings and Recommendations Based on the aforementioned analytics and community engagement process,the Consultant will provide a report summarizing the key findings under each policy area and provide detailed policy recommendations to address the needs,challenges and opportunities. Deliverables: Policy Recommendations and Implementation Plan. s ti } t t 1 t J , , , :�I��iillllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllll ��a11111J1111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111 { Analytics (Baseline report on community dynamics and trends, $55,000 community feedback on analytics and reflections on needed services) Enhanced Community Engagement(primary data collection- $45,000 interviews,survey,focus groups) Recommendations and Action Plan $25,000 Budget $125,000 TOTAL AGREEMENT BUDGET: $125,000 Page 963 of 1055 11.A. NEW BUSINESS 9/15/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 9/15/2020 Requested Action by Commission: Discuss Commission interest and authorize online participation in the National League of Cities City Summit on November 18-21, 2020. Explanation of Request: The National League of Cities is holding their annual City Summit virtually from November 18-21, 2020. Discuss and decide if any members of the Commission are interested in attending the online summit. Early registration ends September 30, 2020. Registration Rates: Early Bird (ends September 30, 20201 Member SML Member Non-Member NLCU Courses NLCU Learning Lab $ 199 $255 $ 350 $ 50 $ 15 Advanced Registration Fee (October 1-the last day of the conference) Member SML Member Non-Member NLCU Courses NLCU Learning Lab $275 $ 330 $425 $ 65 $20 GROUP DISCOUNT All group registrations must be completed at once 5-14 city officials/staff from the same city 15% 15-24 city officials/staff from the same city 25% 25+ city officials/staff from the same city 50% How will this affect city programs or services? Fiscal Impact: Funds are budgeted under account 001-1110-511-40-12 (Business Meetings). The anticipated budget for FY 20/21 is$26,850. Alternatives: Do not approve Commission participation. Strategic Plan: Strategic Plan Application: Climate Action: Climate Action Discussion: Page 964 of 1055 Is this a grant? Grant Amount: Page 965 of 1055 12.A. LEGAL 9/15/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 9/15/2020 Requested Action by Commission: Proposed Resolution No. R20-093-Approve and authorize the Mayor to sign documents releasing and creating project easements. (Tabled from the September 1, 2020 Commission meeting.) Explanation of Request: In order to advance the Town Square project, existing temporary access and parking easements will be released and new easements created. These recordable documents require signature by the Mayor and authorization by the City Commission. How will this affect city programs or services? This will facilitate the projects completion. Fiscal Impact: Recording costs Alternatives: I nclude the easement releases and new agreement for easement into a comprehensive amendment to the development documents. Strategic Plan: Strategic Plan Application: Climate Action: Climate Action Discussion: Is this a grant? Grant Amount: Page 966 of 1055 ATTACHMENTS: Type Description D Resolution Resolution approving release and creation of town square documents D Attachment Termination of Temporary Construction and Parking Easement Agreement® Central Parcel Termination of Temporary Construction and D Attachment Parking Easement Agreement® North Parcel D Attachment Termination of Temporary Construction and Parking Easement Agreement® South Parcel D Attachment Temporary Parking Easement® Central parcel D Attachment Temporary Parking Easement® North Parcel Page 967 of 1055 1 RESOLUTION R20- 2 3 A RESOLUTION OF THE CITY OF BOYNTON 4 BEACH, FLORIDA, APPROVING AND 5 AUTHORIZING THE MAYOR TO SIGN 6 DOCUMENTS RELEASING AND CREATING 7 PROJECT EASEMENTS; AND PROVIDING AN 8 EFFECTIVE DATE. 9 10 WHEREAS, in order to advance the Town Square project and facilitate the 11 project's completion, existing temporary access and parking easements will be released and 12 new easements created; and 13 WHEREAS, the recordable documents require the Mayor's signature and the City 14 Commission's authorization. 15 NOW, THEREFORE,BE IT RESOLVED BY THE CITY COMMISSION OF THE 16 CITY OF BOYNTON BEACH, FLORIDA, THAT: 17 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 18 being true and correct and are hereby made a specific part of this Resolution upon adoption 19 hereof. 20 Section 2. The City Commission of the City of Boynton Beach, Florida does 21 hereby approve and authorize the Mayor to sign the documents releasing and creating project 22 easements which shall be in a form subject to final approval by the City Attorney 23 Section 3. Copies of the final documents approved by the City Attorney are attached 24 hereto as Composite Exhibit"A". 25 Section 4. This Resolution will become effective immediately upon passage. 26 S:\CA\RESO\Town Square Easements-Reso.Docx Page 968 of 1055 27 PASSED AND ADOPTED this day of September, 2020 28 CITY OF BOYNTON BEACH, FLORIDA 29 YES NO 30 31 Mayor— Steven B. Grant 32 33 Vice-Mayor—Ty Penserga 34 35 Commissioner—Justin Katz 36 37 Commissioner—Woodrow L. Hay 38 39 Commissioner— Christina L. Romelus 40 41 VOTE 42 ATTEST: 43 44 45 Crystal Gibson, MMC 46 City Clerk 47 48 49 (Corporate Seal) 50 51 S:\CA\RESO\Town Square Easements-Reso.Docx Page 969 of 1055 This instrument prepared by: Stephen J. Grave de Peralta,Esquire PG Law 5030 Champion Blvd., Suite G11-281 Boca Raton,Florida 33496 TERMINATION OF f TEMPORARY CONSTRUCTION AND PARKING EASEME t EEMENT (BTS Central Parcel) ` THIS TERMINATION OF TEMPORARY CON TR TION ARKING EASEMENT AGREEMENT (this "Agreement")made this tay of ust,2020,biz between JKM BTS Central LLC, a Florida limited liability company ("GRA �R");r; City of BoynBeach (the "CITY") a Florida municipal corporation CFP BO TON BE�� Ii SQUA LC, a Florida limited liability company ("CFP") and the Cl 1'� CFP's a' is s , a �yees, or � �lit, �contractors; . 1 �4� ��G}�LIk��'ti �� W I T N 'S�l}�� . H : 1#`q, 11 1141, WHEREAS,GRANTOR is the o ��,'` ; ertai� ' el of re� roperty located within the City of Boynton Beach, with a legal descrill, n as atta in E ' t "A" , ereinafter referred to as the "Property"); and tl�zf' WHEREAS, GRANTO�� cuted porary Co ruche and Parking Easement Agreement ("Easement") in order to permit C ,,nd the , at th 4 t t sole cost and expense, to complete the necessary grading and ut work on t ` T)ropert i ' comp „ e site preparation of the Property, and for the use of the Property H Jug,�ch Ease �, 's recorded in Official Records Book 30300 Page 1261 of the P2, c RecCounty +orida; and +%04 WHEAS, GRANTOR"9P(, and the +Y have all agreed to terminate the Easement. NOW, t in pon§l ion of the mutual promises contained herein and Ten and no/10, �� '' {,Dol d other go",# an ivaluable considerations,the receipt, sufficiency,and adequacy of h is lie` ` ackn dged,thee rties hereto agree as follows: I, 1. 4 1,f r aid recitals° ,� a and correct and are incorporated herein. 2. Each NTOR, CFP, and the CITY does hereby release and abandon any right, title or interest that it mj v$ in the Easement rights set forth in the Easement, and declares the Easement (and any rights grad ��thereunder or pursuant thereto)terminated. i�, (Signatures appear on the following pages) t00390076.1 306-9905263} TERMINATION OF TEMPORARY CONSTRUCTION AND PARKING EASEMENT AGREEMENT (BTS Central Parcel) Page 970 of 1055 Signed and sealed the day and year first above written. GRANTOR JKM BTS Central, LLC, a Florida limited liability company By: JKM BTS Capital, LLC, a Florida 3 limited liabili om an its Manager t ' ` dam dman, Mar STATE OF FLORIDA i { COUNTY OF PALM BEACH p '04, The foregoing instrument was acknowledged befor 4 e by m� s" presence or ❑ online notarization this day of August, 2020,by� �, . Free as j�JKM BTS Capital, LLC,a Florida limited liability company,the Manager o ' BTS ral,LLC,a Florida limited liability company, on behalf of the companies. He is, *111ilil kn 69 me o ! s produced as identification. ��}�� }� el Q iS�G i �Y foi1 � ;{ NO CRY PUBLIC WIN }� i� � � 1 � TY OF BOYNTON BEACH } r �> } I . , '} MAYOR STEVEN B. GRANT ATT `' { 4�1 k Ills, Approved} orm: Jim Cherof, City "tty t00390076.1 306-9905263} TERMINATION OF TEMPORARY CONSTRUCTION AND PARKING EASEMENT AGREEMENT (BTS Central Parcel) Page 971 of 1055 CFP BOYNTON BEACH TOWN SQUARE, LLC By: Steve Collins, Manager STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me by means of ❑ s ical presenc,, or ❑ online notarization this day of August,2020,by Steve Collins,as Manag, ;of CFP Boy Beach Town Square,LLC,a Florida limited liability company,on behalf of the co pany li k e is persd°ia own to me or has produced as identification${� '�k4; 11104 AN ��` OTA PUB s� xk�s k' t r � isi�# S {_! 1101 �e7#Y V,�, �4 }} rt { 44 WIN X54 1tI$f Ill RkII 4, , t�{4fi 4=li 's'sa. , if I It a 'a,V1111ftf, It, It }_i it {00390076.1 306-9905263} TERMINATION OF TEMPORARY CONSTRUCTION AND PARKING EASEMENT AGREEMENT (BTS Central Parcel) Page 972 of 1055 EXHIBIT"A" Parcel 3,BOYNTON BEACH TOWN SQUARE, according to the Plat thereof,recorded in Plat Book 127,Pages 1- 5,of the Public Records of Palm Beach County,Florida. 4 �I }� r s 4 } , tl tt I F1 �q, . ti f t� Iry. X47{ } Ohl tl g"If Ill ""t, ,", it {{ t00390076.1 306-9905263} TERMINATION OF TEMPORARY CONSTRUCTION AND PARKING EASEMENT AGREEMENT (BTS Central Parcel) Page 973 of 1055 This instrument prepared by: Stephen J. Grave de Peralta,Esquire PG Law 5030 Champion Blvd., Suite G11-281 Boca Raton,Florida 33496 TERMINATION OF f TEMPORARY CONSTRUCTION AND PARKING EASEME t EEMENT (BTS North Parcel) ` THIS TERMINATION OF TEMPORARY CON TR TION ARKING EASEMENT AGREEMENT (this "Agreement")made this G' ay of ust,2020,biz between JKM BTS North,LLC,a Florida limited liability company("GRANT ") thof Boynton ch(the "CITY"), a Florida municipal corporation, CFP BOYNTON BEACH VN ,, RE, LLCFlorida limited liability company("CFP"), and the CITY's and C ?�(( ts, sery em tractors; W I T N,I T WHEREAS,GRANTOR is the owner ofthat cert ° arcel o property located within the City of Boynton Beach, with a legal descripti d m ibit "A� hereinafter referred to as the "Property"); and � )�)'��' }t. WTI WHEREAS, GRANTO ecutTemporary tructI d Parking Easement Agreement ("Easement") in order to permit P and' , rCITY at t soleicost and expense, to complete the necessary grading and utility work orre Prop to comp t site preparation of the Property, and for the use of the Property as, blic parking lhich ent w' recorded in Official Records Book 30300 Page 1252 of the Pubh alm h Cou # ida and �� 4, � ��t�t��,I-<�� WHERFANT�� (pCFP ao� ' ave all agreed to terminate the Easement. NCO" REF ,E, in Awderation of the mutual promises contained herein and Ten and no/100($10.00) soar good .valuable considerations,the receipt, sufficiency,and adequacy of w F �� ,y a ledged,thj7 art hereto agree as follows: 1. ijjflpe afo; id reci re hand correct and are incorporated herein. 2. Eac Ckk GRANTOR,ONP, and the CITY does hereby release and abandon any right, title or interest that i� have in the Easement rights set forth in the Easement, and declares the Easement (and any rights g` d thereunder or pursuant thereto)terminated. a'' i (Signatures appear on the following pages) t00390077.1 306-9905263} TERMINATION OF TEMPORARY CONSTRUCTION AND PARKING EASEMENT AGREEMENT (BTS North Parcel) Page 974 of 1055 Signed and sealed the day and year first above written. GRANTOR JKM BTS North, LLC, a Florida limited liability company By: JKM BTS Capital, LLC, a Florida 3 limited liabili om an its Manager, t 4 ' ` dam eedman, Mar STATE OF FLORIDA i { COUNTY OF PALM BEACH p '�i }��' " s The foregoing instrument was acknowledged befor �� , by m� s�' 1, f presence or ❑ online notarization this day of August, 2020 by . Free, as , j�JKM BTS Capital, LLC,a Florida limited liability company,the Manage ��.r BTSrth,LLC,a Florida limited liability company, on behalf of the companies. He is,"11 W11 kn' 69 me oro s produced as identification. ��}, ,�� x� ' i S�G i alk 1 �Y �}} � ;{ NO ",CRY PUBLIC 41 444 04 TY OF BOYNTON BEACH N B y MAYOR STEVEN B. GRANT ATT }01f?�E�`� Approved} orm: Jim Cherof, City "tty t00390077.1 306-9905263} TERMINATION OF TEMPORARY CONSTRUCTION AND PARKING EASEMENT AGREEMENT (BTS North Parcel) Page 975 of 1055 CFP BOYNTON BEACH TOWN SQUARE, LLC By: Steve Collins, Manager STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me by means of ❑ s ical presenc,, or ❑ online notarization this day of August,2020,by Steve Collins,as Manag, ;of CFP Boy Beach Town Square,LLC,a Florida limited liability company,on behalf of the co pany li k e is persd°ia own to me or has produced as identification${� '�k4; 11104 AN ��` OTA PUB s� xk�s k' t r � isi�# S {_! 1101 �e7#Y V,�, �4 }} rt { 44 WIN X54 1tI$f Ill RkII 4, , t�{4fi 4=li 's'sa. , if I It a 'a,V1111ftf, It, It }_i it {00390077.1 306-9905263} TERMINATION OF TEMPORARY CONSTRUCTION AND PARKING EASEMENT AGREEMENT (BTS North Parcel) Page 976 of 1055 EXHIBIT"A" Parcel 2,BOYNTON BEACH TOWN SQUARE, according to the Plat thereof,recorded in Plat Book 127,Pages 1- 5,of the Public Records of Palm Beach County,Florida. 4 �I }� r s 4 } , tl tt I F1 �q, . ti f t� Iry. X47{ } Ohl tl g"If Ill ""t, ,", it {{ t00390077.1 306-9905263} TERMINATION OF TEMPORARY CONSTRUCTION AND PARKING EASEMENT AGREEMENT (BTS North Parcel) Page 977 of 1055 This instrument prepared by: Stephen J. Grave de Peralta,Esquire PG Law 5030 Champion Blvd., Suite G11-281 Boca Raton,Florida 33496 561.325.6510 TERMINATION OF1��}�` TEMPORARY CONSTRUCTION AND PARKING EASEM T AGREEMENT (BTS South Parcel) �,t �fl�� THIS TERMINATION OF TEMPORARY Cq TRU ON AND z . RKING EASEMENT AGREEMENT (this "Agreement")made this of A '' t,2020,by a' tween JKM BTS South,LLC,a Florida limited liability company("GRANTORS,the Boynton #ch(the "CITY"), a Florida municipal corporation, CFP BOYNT CH TO S �'' p �� a Florida ft limited liability company("CFP"), and the CITY's an �FP � �" ts;4ployee "''r contractors; ' l WITN S' ,+, H . 1, 1# +} , i. 3iG WHEREAS,GRANTOR is the ow� � y' ertain ' $el of re}� roperty located within the City > t`r of Boynton Beach, with a legal descri n as a in Et "A" einafter referred to as the "Property"); and fi=t "IN � WHEREAS, GRANT( I "I�t ecuted , , porary C ructio�and Parking Easement Agreement ("Easement") in order to permit C1�4 and th� at th sole cost and expense, to complete the necessary grading and uti t work on th Prope r ;3l com , e site preparation of the Property, and for the use of the Property' +' ing v h Eas s recorded in Official Records Book 30300 Pae 1270 of the P c Rec Count'; = orida; and WHE AS, GRANTOR,R, and the hY have all agreed to terminate the Easement. NOW, F �' in cons'( r on of the mutual promises contained herein and Ten and no/10 �'_ Do �d other go + an 'aluable considerations,the receipt, sufficiency,and adequacy of h is h' ack ' dged,the rties hereto agree as follows: QL fo�aid recitals �e and correct and are incorporated herein. ��,,� I Each y RANTOR, CFP, and the CITY does hereby release and abandon any right, title or interest that it m ' ave„in the Easement rights set forth in the Easement, and declares the Easement (and any rights grathereunder or pursuant thereto)terminated. (Signatures appear on the following pages) t00390075.1 306-9905263} TERMINATION OF TEMPORARY CONSTRUCTION AND PARKING EASEMENT AGREEMENT (BTS South Parcel) Page 978 of 1055 Signed and sealed the day and year first above written. GRANTOR JKM BTS South, LLC, a Florida limited liability company By: JKM BTS Capital, LLC, a Florida J3 limited liabili om an its Jy� p y� Manager J 4 ' ` dam eedman, Mar STATE OF FLORIDA i { COUNTY OF PALM BEACH p ��iJ }��' ta,J s The foregoing instrument was acknowledged befoxqg, e by ms' presence or El online notarization this day of August, 2020,by4 ` . Freel asj�JKM BTS Capital LLC,a Florida limited liability company,the Manager o ��.r BTS th,LLC,a Florida limited liability company, on behalf of the companies. He is,"11 W11 kn' ao me os produced as identification. ��},� ;�, Q;ryj4` �0� ilk i S�G i �Y �}} � ;{ NO CRY PUBLIC IMP! �� G}� i� i TY OF BOYNTON BEACH N B y MAYOR STEVEN B. GRANT ATTF1,17 � it 1 91 Approved} } orm: Jim Cherof, City "tty t00390075.1 306-9905263} TERMINATION OF TEMPORARY CONSTRUCTION AND PARKING EASEMENT AGREEMENT (BTS South Parcel) Page 979 of 1055 CFP BOYNTON BEACH TOWN SQUARE, LLC By: Steve Collins, Manager STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me by means of ❑ s ical presenc,, or ❑ online notarization this day of August,2020,by Steve Collins,as Manag, ;of CFP Boy Beach Town Square,LLC,a Florida limited liability company,on behalf of the co pany li k e is persd°ia own to me or has produced as identification${� '�k4; 11104 AN ��` OTA PUB s� xk�s k' t r � isi�# S {_! 1101 �e7#Y V,�, �4 }} rt { 44 WIN X54 1tI$f Ill RkII 4, , t�{4fi 4=li 's'sa. , if I It a 'a,V1111ftf, It, It }_i it {00390075.1 306-9905263} TERMINATION OF TEMPORARY CONSTRUCTION AND PARKING EASEMENT AGREEMENT (BTS South Parcel) Page 980 of 1055 EXHIBIT"A" Parcel 7,BOYNTON BEACH TOWN SQUARE, according to the Plat thereof,recorded in Plat Book 127,Pages 1- 5,of the Public Records of Palm Beach County,Florida. 4 �I }� r s 4 } , tl tt I F1 �q, . ti f t� Iry. X47{ } Ohl tl g"If Ill ""t, ,", it {{ t00390075.1 306-9905263} TERMINATION OF TEMPORARY CONSTRUCTION AND PARKING EASEMENT AGREEMENT (BTS South Parcel) Page 981 of 1055 PREPARED BY AND RETURN TO: Stephen J.Grave de Peralta, Esq. PG Law 5030 Champion Blvd. Suite Gl1-281 Boca Raton, Florida 33496 561.325.6510 Parcel 1D t (p4 PIril��sf ,k}� �b I� , I�° TEMPORARY PARKING EASEMENT A THIS TEMPORARY PARKING EASEMENT AG rt �� s `� sement") is made and executed as of August 2020 by and between M C a Florida limited liability company, having an address at 2300 Glad` I ad, Suii202E,Boca "aton,Florida 33431 ("Grantor")and JKM BTS Capital,LLC a Florida ed liacompany, having an address at 2300 Glades Road, Suite 202E, Boca rorid a�, Roper"), and The City of Boynton Beach Florida a political su ��vision, l Sta Flo "a 100 East Ocean Avenue $ a Boynton Beach FL 33435 ("City"). �' a} WIC , SSE �1 r },11 WHEREAS Gra nd DeveN r area sand direct or beneficial parties to a March 19, 2018, Development' 1 City and Grantor is the owner of certain property located in Boynton ,'' h Pad Beac Florida described on Exhibit"A" attached hereto and made a part, Oreof(the "G� or Property"); and WHERE!��k � th 'rinto Prrty, pursuant to the Development Agreement, will be improv �,� �� eve ' , with a sldential and/or mixed-use project, together with a parking struc e(the" ' j ect F � r d wi,��e occupied by tenants to reside or conduct business therein; and k r � AS, the t porary parking spaces provided by this Agreement and a like Easement A° Ment with 7KM BTS North,LLC, a Florida limited liability company, are intended to satisfy the te` ry parking which Developer may hereafter be required to provide to the City with respect to trking structure (the"South Garage")to be constructed upon certain property located in Bo nt�n Beach, Palm Beach County, Florida described on Exhibit"B" attached hereto Y and made a part hereof (the "South Parcel") pursuant to the Developer's Agreement, without releasing or modifying any of Developer's other contingent obligations to provide temporary parking as referenced therein; and WHEREAS, Grantor and Developer desire to establish, create and grant for the benefit of, and as a burden upon, the Grantor Property, a temporary exclusive easement for use by City over {00390073.1 306-9905263} 1 Page 982 of 1055 and across the portion of the Grantor Property as described in Exhibit "C" attached hereto and made a part hereof(the "Easement Property")for the purposes and upon the terms and conditions as set forth herein,for the benefit of City;the Easement Property,together with an easement across adjacent property owned by another affiliate of Grantor and Developer (the "Adjacent Property") or any alternative parking arranged at another location(any such location or locations, collectively, "Alternative Property") by Grantor with the consent of City (which consent shall not be unreasonably withheld), is intended to provide at least 300 parking spaces for use by the City as set forth in this Easement; and lf4� NOW, THEREFORE, in consideration of the mutual covenants a� ments heretofore made, and in satisfaction of the requirement to provide temporary park'i `g under th {4 evelopment Agreement, and for other good and valuable consideration, the receipt; d sufficJ , , of which is hereby acknowledged by the parties hereto, Grantor and City herby a' e as follow lit, � � 1. Recitals. The foregoing recitals are true and correct and a4i ere �r1�,�'�'=;��I :orat ' 'into this Easement by reference in their entirety. 11 IgI �'}t,r J iflgiil 11"', vvV ,0�jllioii,ii Vow 2. Parking Easement. ��' �i IN � a. Parking Easement. Grantor and Develo >> , ereby ablish, create and grant to the City a temporary, exclusio for ng on parking areas constructed and existing from ti o time n th ;� s ent Property (the "Parking Easement"). Grantopi & ashes, creat nd gr s the Parking Easement for City to use, without ��men' zany fee o'„r harge the Easement Property for the intended purpos wl set to ` ; this E ment. For the avoidance of doubt, the Parking Easement on nclud �� E” .xment Property and does not include any right toter up any n of the Grantor Property outside of the EaserrleitP111�,��yi,� b. � t to Modifv. ove or Relocate Parking Easements. Grantor and Developer no� haveright � n time and from time to time, upon 90 days prior written , it��ity; to' o remove and relocate all or any portion of the Parking �' §�� ';, ase ; describe (herein to another location with the consent of the City (which . � ;t I sent ' ` no :�e unreasonably withheld), within the Grantor Property (or to an ,,ternative erty owned by Grantor or Developer or to an Alternative Property �I l�Jprocured byes rantor or Developer), provided in all events that the City is provided ,e use of at least 300 spaces when taking into account spaces provided by or �; ' �d by Grantor, Developer, or their affiliates at the Grantor Property, the A� � `cent Property, and any Alternative Property. c. Termination. The Parking Easement shall be terminated, upon at least ten (10) business days prior written notice, at such time as Developer or its affiliate has completed construction and obtained a certificate of occupancy of the South Garage or at such time as Grantor shall have provided (either itself, through one of its affiliates, or through a third party) alternative parking arrangements consented to by the City (which consent shall not be unreasonably withheld) until such time as the South Garage can be completed. Following termination of the Parking {00390073.1 306-9905263} 2 Page 983 of 1055 Easement and conditioned on the availability of alternative parking subject to terms and conditions reasonably comparable to those set forth in this Easement, City shall cease using the Easement Property for parking, and the City will enter into an agreement terminating this Easement and all rights hereunder. d. No Assignment or Transfer. The Parking Easement may not be assigned or transferred by City. Any attempted assignment or transfer of the Parking Easement or any rights granted herein shall be null and void and shall be deemed a violation of the Parking Easement. la 3. Prohibited Use. The intended use of the Easement Propert fres for par g of typical passenger vehicles by City employees, their invitees, and the eral pulf� , connection with business with the City or attending civic events, for� he a t dance of do the City shall not use or park any heavy equipment, buses, recr� pal v les or other �ersized vehicles within the Easement Property. The City will use its' st e � o pr ot or limit any use not consistent with the intended use. Th 1 t will no e t nt Property to stage any civic or social events. City sh1° using the Easement � 1 t g Property in violation of any law or for any 'Pose o �4 r than ' Parkin Easement. The City will establish and enforce reasoa' strictid'ft assure that minors are permitted on the easement property only when accom `' 'ed by4�' � adult and that animals are prohibited on the easement prope , ' whe leash'''' "`other physical halter. The City will mark or sign the wa 'ays fro ,pari` "lo s" to City facilities to enhance safety and minimize foot-tra ��' vement on ac Ile or Developer properties. Subject to applicable goy °nmeiiquiremer ; `hand approvals, and with the consent of City (which consent she`ll be a onably thheld), Grantor and/or Developer may post signs on the Grantor Pro�ty and '' a E�ement Property setting forth the rules and restrictions fort tie Eas��ent Pr consistent with the terms of this Easement, and the prohi Mori 4s of e Grantor Property other than the Easement lik Property. 4. Use ntor �rantor� e 'eloper may continue to use the Easement Property and all other p r��f tie G�,ant�roperty for any lawful purposes that do not unreasonably ' wi' e easem�;'t rights granted herein, including the right to improve the rasem tareas;�, ch �1 provements may include parking, paving, sidewalks, lighting, I91 gree Faces, recreational areas, drive aisles for motor-vehicles, and 1 � co k tion of throj ect. City shall not interfere in any manner with Grantor's or Deis operations and activities upon the Easement Property. 5. Mainten e. �Y a. Definition of Maintenance Obligations. The term "Maintenance Obligations" means any and all obligations to maintain, safeguard, upkeep, operate, repair, replace and remove the parking areas so that the Easement Property and the Grantor Property remain reasonably safe for the parking of vehicles and the access to such vehicles by their operators. {00390073.1 306-9905263} 3 Page 984 of 1055 b. City Duties. The City will keep the parking area free of debris. The City is responsible for the repair of any damage caused by the storage or operation of City heavy equipment, buses, recreational vehicles, or other oversized vehicles on the Easement Property. c. No City. The City has no duty to remove or pay for removal of the temporary parking improvements when the temporary use ends. d. Performance. Subject to Sections 5(a) and (b), Grantor an Developer shall be responsible to perform all Maintenance Obligations as r ' �r1,,11y necessary and reasonably required hereby on or at the Easement Prop Y. 40 e. Standard of Care. To the extent required to be erfo d by each parties hereto as set forth in this Easement, all Maintena� Obh ns shall beformed in a good and workmanlike manner, and in comp�nce'�� respectwith all axe applicable laws, rules, regulations and o, ances of" ov authorities having jurisdiction over the Grantor P � `�R�� ' t Property. 6. No Duties of Grantor or Developer. Nitsrantor 4r Developer shall have any duty 11 .to City whatsoever with respect to the Par Easen� or the Easement Property, including no duty to provide t 61011 se whats,� er, except infrastructure �� maintenance as required by 1subjec � � os e it tI ns set forth in Section 5. Furthermore, neither Grant o ' � p eveloper hav ' iy duty to City or any of City's employees, agents, controliors, ts, or invi }, s to provide security or to monitor the Grantor Property or the'fagnent P rty in orr to protect against injury to any person or to safeguard or protect anehicles� er al property of any such parties. Neither Grantor nor Dev 11 havny liawhatsoever for any injury to any person or for an lost 1oleri , � � ert `�to City or any of City's employees, agents, Y �119111 contractors, �ts, or 1 itees. Ci y ' City's employees, agents, contractors, guests, and invitees ume al risk o 4 ury to any person and loss (including,but not limited to theft) and d to an�� their r e�gtive vehicles or other personal property, and City, on its own beha n beha oft r ity's employees, agents, contractors, guests, or invitees, r, ho�� cantor an 11!Developer harmless from and against any and all damages in �$ onnec '�` wit e rd..` ing Easement including, but not limited to, consequential age arisin gespect to the matters set forth in this Easement.Neither Grantor nor Der shall ha''e any obligation to assist (or to cause their employees or agents to assis � in collecting and/or removing any vehicles or personal property of City or other Party fr A Easement Property after the Parking Easement has been terminated. Any V(hicles o'> 'ersonal property left on the Easement Property after termination of the Parking Easement shall be deemed to have been abandoned, and Grantor or Developer may remove any such vehicles or personal property from the Easement Property without any obligation to account to City or any other party with respect thereto. 7. Indemnification. City agrees to indemnify and hold harmless Grantor, Developer, and their respective members, managers, lenders (including any lender with a mortgage upon the Grantor Property), attorneys, employees, and agents (the "Indemnified Parties") from and against any damage, cost, or liability to the Indemnified Parties or the Indemnified {00390073.1 306-9905263} 4 Page 985 of 1055 Parties' property (including the Grantor Property) caused by the use of the Parking Easement granted herein or the exercise of any rights granted in connection with the Parking Easement,unless such damage, cost or expense was caused by a failure of Grantor or Developer to maintain the infrastructure as required by Section 5 or the negligence or willful misconduct of the Indemnified Party. Nothing in this paragraph shall be interpreted as a waiver of City's sovereign immunity or the limitations of liability set forth in Sec. 768.28, Florida Statutes. 8. Default. a. Default. If City shall be in default under any of the obi'{ ations ap cable to it as set forth in this Easement for 72 hours after receipt of ' itten note ` y default(or such lesser time in the event of an emergency) g1t yen b'x rantor or y per, or if such default shall be of such a nature that thOl a c' ' t practicabl a�� e cured within such 72 hour period and City shall not with suc�� od co�ence the curingof such default and thereafter with dili enc6`- mp� ' firing of such , � g a default then Grantor and/or Develop' to steps to cure such p >, default City shall, following tl deman wl,_V c fi; `, �4e accompanied by appropriate supporting documenft ,reimb� the Grantor and/or Developer t for the City's share of the costs and' en es onably paid or incurred by Grantor and/or Developer { ise ch righ 10, b. Standard of Care foel Any , s whiff' the Grantor or Developer shall perform or cause Elbe pe',k ed in ex se of its self-help and cure rights under {fi this Section 8 sha 4 ,e perf d with same standards of care, diligence and workmanship as if su'' cts w ei performed or caused to be performed by City purs Ak,; obI ns or 's hereunder. 9. Estoppel 41116ficate.1 ,City sha� out charge, at any time, and from time to time, within t x`'(10) days afteequest therefor, certify by written instrument duly executed, ackn ed an eliverei pr for the benefit of any existing or prospective tenant bu er oree oaf th�Gr �Itor Property (or any portion thereof), specify: ��Jfi6�! "114 at thi� e is unmodified and in full force and effect (or if there has been r (Ai odificat hat the Easement is in full force and effect as modified and stating ` he mod ion); b. ��r or not there are any existing defaults under this Easement and if so, sifying such defaults; and c. Such other pertinent information as the requesting party may reasonably request. 10. Insurance. City, at its sole expense, shall maintain a reasonable program of self-insurance or shall otherwise obtain insurance coverages, as described in Exhibit"D", with admitted insurers authorized to do business in the State of Florida and which are rated "A-/VIII" or equivalent in Best's Key Rating Guide, or any successor thereto(or if there is none, a rating organization having a national reputation); upon Grantor's or Developer's request, City {00390073.1 306-9905263} 5 Page 986 of 1055 shall provide to Grantor and Developer a copy of each such policy or a certificate of insurance. Furthermore, any policy of insurance maintained by City in connection with the Easement Property shall provide that written notice shall be given to all insured parties, additional insured parties, and holders of certificates of insurance at least thirty (30) days prior to suspension, cancellation, termination, modification, non-renewal or lapse or material change of coverage. Subject to applicable law, in no event shall the limits of any insurance policies (or the City's election to self-insure as to any risks in connection with the Easement Property)limit the liability of City under this Easement. 11. Miscellaneous. � x41 �'Jrr, a. The intended and primary use of the Easement Propert s for Cilyol loyee, City invitees, and general public parking, and such use,will h , priority o her uses unless a like number and quality of alternative" skin '`� rovided atocation reasonably agreed to by the City in accordance wi� the of this ,asement. The exercise of the rights and privilege, ranted here sh ��'�Iercised in a manner which does not unreasonabl I � �� srupt the normal use, business or occupation of the Proje �` r any ifWrovem �� ted or to be located on the Grantor Property or the Eage� ' Prope� �i b. All provisions of this Eas ;'' ' the a ent ries hereunder shall run with the land and shall be b ing upo ntor' it successors and assigns. The Grantor Property sly eafter be sol conveyed, operated and leased subject to the eas �ents," �� rictions c man s and conditions contained in this Easement. �' '��, a c. All noticr��, ds re � sts or r communications required hereunder shall be initin ? ogni, ed express courier (such as FedEx or United Pa I oa§ervice Nnqr via U tates registered, certified mail, postage prepaid, rn recipt req ed, addressed to each party hereto, as the case may be, at the ess fid I,, eremae0provided or such other address as any party may from ti111 y e sig ate writing to the other.116 Sig tl! :� �� j �f d. '_ � is Ea'' nt 1 be governed by and construed in accordance with the laws of f � State o „� ida. Venue of any litigation or administrative proceeding shall be exclusively Palm Beach County, Florida. The prevailing party in any litigation sing from the terms of this Easement shall be entitled to recover its reasonable s' fees, both at trial and on appeal, as well as court costs, from the non- pr, Failing party. e. The captions used in this Easement are solely for the convenience of reference and shall not in any way limit or amplify the terms and provisions hereof. f. This Easement may be executed in counterparts, each of which will be deemed an original as against any party whose signature appears hereon, and all of which shall constitute one and the same agreement. {00390073.1 306-9905263} 6 Page 987 of 1055 g. This Easement may not be terminated, modified or amended except as provided herein or as otherwise agreed to in a written document executed by the parties hereto or their respective successors in interest. h. Any invalidity of any of the terms and conditions or provision of this Easement by judgment, court order or otherwise shall not affect any of the other terms, conditions or provisions of this Easement. i. A like Easement Agreement will be executed contempq�aneously with this Agreement by the parties to address additional tempora '�N g on JKM BTS North, LLC property. ,10 #'yrs •a,IY'f} tt k'M �i : j. City shall not be liable or responsible to Gra or b , , nd the mo' limits specified in Ch. 768.28, Fla. Stat., regardless ia 'lbethe t d liability b eased in tort, contract,indemnity or otherwise; and in no evenba11e liabl ;r ' Grantor for punitive or exemplary damages or fob ''t rofit's oonse amages. 1Ir�s fry, [SIGNATURES AND ACKNO DG� N�� 2 ON THE FOLLOWI,� u. GES] u x�tf�rfi(1�� t;'� ]11�`�Fgil 444q2 ! 7 Jpggg t 1 .4 t6} "0 {00390073.1 306-9905263} 7 Page 988 of 1055 IN WITNESS WHEREOF, the parties hereto have executed this Easement as of the day and year first written above. Grantor: Signed, sealed and delivered in the presence JKM BTS Central, LLC, a Florida limited of: liability company Witness #1 By. JKM BTS C,I� a , C a Florida limited lia �ty compa its Printed Name: Z �) , Manager € �''i r�� B {P Witness #2 t _, Add P. an onager Printed Name: 011, � �a ., STATE OF FLORIDA COUNTY OF PALM BEACH � r , The foregoing instrument was acknx ged before #'by m s of ❑ physical presence or ❑ online notarization this da hof A'' � 2020, b '�r dam '. Freedman, as Manager of JKM ,x BTS Capital, LLC, a Florida hr '� habili mpany Manager of JKM BTS Central, LLC, a Florida limited liability company, ohalf o � h co any, who (_)is personally known to me or(_)produced r �:��s r � � as identification. It 'Og i�� #f NOTARY PUBLIC State of Florida rl� � Print Name My Commission expires: a, OF It' Serial No.: k a r} (SEAL) {00390073.1 306-9905263} 8 Page 989 of 1055 Developer: Signed, sealed and delivered in the presence of: JKM BTS Capital, LLC, a Florida limited Witness #1 liability company Printed Name: By: Adam P. Freedm anager �� g�" }} Witness #2 ��€; Printed Name: 11K V I to STATE OF FLORIDA I'' r1is' COUNTY OF PALM BEACH 1/ t11010111� r'[';� 411 `10 The foregoing instrument was acknowledged b by m s of ❑ physical presence or ❑ online notarization, this day of August 2020, b�'`I�} a �edman, as Manager of JKM BTS Capital, LLC, a Florida limited lia ' $ r ny ehalf '�such company, who (� is personally known to me or (� p uced �' ' �' 0 as identification. } 4 N OTARY PUBLIC, State of Florida POP Print Name for My Commission expires: Q ,� r} t� . Serial No.: tib � � (SEAL) } 5 }uWIN, V qlliW", rf'} r, {00390073.1 306-9905263} 9 Page 990 of 1055 Signed, sealed and delivered in the presence of: CITY OF BOYNTON BEACH,FLORIDA, a political subdivision of the State of Florida Witness #1 Printed Name: By: Steven B. Grant vor Witness #2 I Printed Name: Attest: r rel}�l }It4 $ }}q}}#tt�},;r x 7�p`4jtttfFt�,Ii#1 STATE OF FLORIDA 1�t ' ,}� COUNTY OF PALM BEACH it }ll } J, The foregoing instrument wa }� owledgedrem means of El physical presence or ❑ online notarization, thisil, day o 4 ust, 202 y Steven B. Grant, as Mayor of the City of Boynton Beach Florida a politl sub on oft State of Florida who (� is personally known to me or(�produced �a 's. � tras identification. "Ifqg 00, [Notar 1] �� }i Notary Public I Printed Name: }} My commission expires: 1� �T {00390073.1 306-9905263} 10 Page 991 of 1055 EXHIBIT "A" LEGAL DESCRIPTION OF GRANTOR PROPERTY Parcel 3, Boynton Beach Town Square, according to the plat thereof as recorded in Plat Book 127, Page 1, Public Records of Palm Beach County, Florida. r 40 01 �Slf 0 '1"x'7' fj} r ' tri ht IN '��}' , {;{ �ry y i�l�•, r 4 qu {,«viz I ��ik}tsk 'tha� � x � I , f r i14114 �{ 401 {00390073.1 306-9905263} 1 1 Page 992 of 1055 EXHIBIT `B" LEGAL DESCRIPTION OF SOUTH PARCEL Parcel 7, Boynton Beach Town Square, according to the plat thereof as recorded in Plat Book 127, Page 1, Public Records of Palm Beach County, Florida. r f 40 RIO r ' tri ht IN qu r � ig �} 4 �t{ ,All 111"fli � 10l 94 ii��iSP }�} {00390073.1 306-9905263} 12 Page 993 of 1055 EXHIBIT "C" LEGAL DESCRIPTION OF EASEMENT PROPERTY A parcel of land being a portion of Parcel 3, BOYNTON BEACH TOWN SQUARE, according to the Plat thereof as recorded in Plat Book 127, Page 1 of the Public Records of Palm Beach County, Florida. Being more particularly described as follows: Commencing at the Northwest corner of said Parcel 3; , Thence North 89°39'57" East(as a basis of bearings) a distance eet to the POINT OF BEGINNING; Thence continue North 89° 39' 57" East, a distance of 71.32 fe} Thence North 00° 20' 03" West, a distance of 9.86 feet* Thence North 89° 39' 57" East a distance of 56.71 feet" `I� IV The previous four courses and distance being coincident wtI the rl 1' IV of said Parcel 3; t ti Thence South 00'20' 03" East, a distance ofr � Thence South 89 40 29 West a distancY , 128.0 et to a p �} Jng 42.87 feet East of and parallel with (as measured at rightani� the line of said Parcel 3; Thence North 00° 20' 03" West alon said pa }. line},i},rest#nce of 229.16 feet to the POINT OF BEGINNING. Said lands situate, lying and b Section�` own51, ,'�youth, Range 43 East, City of Boynton Beach, Palm Bead Containing 29902 squar yet mo � less. it -81 1111111 ppt11,1- 40 o } }#` ',111,#9414 , 1 � �,it F 1 j ,001 119 IiO t00390073.1 306-9905263) 13 Page 994 of 1055 EXHIBIT "D" Insurance Coverage Automobile Liability Bodily injury and property damage liability covering all owned, non-ownedS1J16n11,`k's,5 hired automobiles for limits of not less than $500,000 bodily injury each person, each accid00,000 property damage, or $500,000 combined single limit each occurrence/aggregat Commercial General Liability Bodily injury and property damage liability as shall protect the Cit�O� Gr om „�ms of bodily injury or property damage which arise from the the Ease� nt. �� nts of such , insurance shall be $2 000 000 per person $2 OOO OO5er" k �I %1 general aggregate limit of$5,000,000.00. This insurance shall inclu„ �overag�4or prow �ipleted operation personal injury liability and contractual liability a�„` �f undef e indemnity provision of this Easement. OF � 4 oalll 111, Workers Compensation Insurance� ��i S 4"", i �� { sof � � , Meeting the statutory requireme of Fl and Emp�er Liability of$1,000,000 per accident limit, $1,000,000 disease per polio*mit, $ 000 d ase each employee limit, providing coverage for employees and owners .�� 't,°;� . Professional Liabilitv xwul,401 In an amount o� ot less an $2,'* 000 each claim and $2,000,000 aggregate. yJP 000j Mir t00390073.1 306-9905263} 14 Page 995 of 1055 CONSENT TO EASEMENT BI 58 LLC, a Florida limited liability company ("Mortgagee"), is the holder of that certain Mortgage and Assignment of Leases and Rents, recorded in Official Records Book 31110, Page 1715 of the Public Records of Palm Beach County, Florida (the "Mortgage"), upon the Property described therein. Mortgagee hereby consents to the granting of the covenants, restrictions and easements set forth in the foregoing Easement as described in the foregoing instrument. IN WITNESS WHEREOF, Mortgagee has executed this C� � to Easement this day of August, 2020. ��yyys: 41111 B1 58 LL �1 i Affi a Florida limited' ; bili qI�, an Signed, sealed and delivered Q�y}� � �r��i��# , r�� ftt Its Alk Witness tio�`�� 04 € rFol Print Name =,«pat Witnesspz„z fi4tIF°��,P. Print Name fit; k ko STATE OF FLO A "tar COUNTY OF The fore g me # s ackn, ;",ledged before me by means of ❑ physical presence or ❑ onlinezatio hiss August, 2020 by as of BI 58 LL �' '� lo "a limited u ility company, on behalf of such company, who is personally known to me '' Produced ` as identification. Notary Public My Commission expires: t00390073.1 306-9905263} 15 Page 996 of 1055 PREPARED BY AND RETURN TO: Stephen J.Grave de Peralta, Esq. PG Law 5030 Champion Blvd. Suite Gl1-281 Boca Raton, Florida 33496 561.325.6510 Parcel IDf 7 Pr TEMPORARY PARKING EASEMENT A E r z T1401 � 4 THIS TEMPORARY PARKING EASEMENT A �� issemeis made and executed as of August 2020,by and between J BT r � ,,, n limited liability 7u ' p company, having an address at 2300 Glade5l Suite 42E Boca' ton Florida 33431 ("Grantor")and JKM BTS Capital,LLC a Florida' ,,, ted liab� company, having an address at 2300 Glades Road, Suite 202E Boc �{, ,,4 oridlvu `}: 31 («� el, per"), and The City of Ig Boynton Beach, Florida, apolitical lbd, ivision'�x�: Sta { Flor � 100 East Ocean Avenue, Boynton Beach, FL 33435 ("City",,)�� ;:. W I E S S E , WHEREAS G� d Devef er are �`55a7}r 'and direct or beneficial parties to a March 19, 2018, Develop ent City," . d Grantor is the owner of certain property 01" located in Boyntf}�-64 P�� Be"No", Fl rida described on Exhibit"A" attached hereto and made a p �ereof(the "Gr44or Property��and �tor, WHEttPr� pursuant to the Development Agreement, will be imprc � ,,I $ eve r with a sid�ntial and/or mixed-use project, together with a parking strq" e(thee of ect d will��occupied by tenants to reside or conduct business therein; and AS, the te� orary parking spaces provided by this Agreement and a like Easement . Iment with 7KM BTS Central, LLC, a Florida limited liability company, are intended to sa the temporary parking which Developer may hereafter be required to provide to the City with reg ' `to the parking structure(the"South Garage")to be constructed upon certain property located irk oynton Beach,Palm Beach County,Florida described on Exhibit"B"attached hereto and made a part hereof(the"South Parcel")pursuant to the Developer's Agreement,without releasing or modifying any of Developer's other contingent obligations to provide temporary parking as referenced therein; and WHEREAS, Grantor and Developer desire to establish, create and grant for the benefit of, and as a burden upon, the Grantor Property, a temporary exclusive easement for use by City over {00390070.1 306-9905263} 1 Page 997 of 1055 and across the portion of the Grantor Property as described in Exhibit "C" attached hereto and made a part hereof(the "Easement Property')for the purposes and upon the terms and conditions as set forth herein,for the benefit of City;the Easement Property,together with an easement across adjacent property owned by another affiliate of Grantor and Developer (the "Adjacent Property') or any alternative parking arranged at another location(any such location or locations, collectively, "Alternative Property") by Grantor with the consent of City (which consent shall not be unreasonably withheld), is intended to provide at least 300 parking spaces for use by the City as set forth in this Easement; and 041 NOW, THEREFORE, in consideration of the mutual covenants affill ments heretofore made, and in satisfaction of the requirement to provide temporary par k"ng under th4 Development Agreement, and for other good and valuable consideration, the receiP# nd suffi �� of which is hereby acknowledged by the parties hereto, Grantor and City l�eby a as follow 1. Recitals. The foregoing recitals are true and correct and aid,-, !, ere ' orporate� to this Easement by reference in their entirety. k,, 04, t$�', 2. Parking Easement. �� ' i� a. Parking Easement. Grantor a, Develop ereby'*elish, create and grant to the City a temporary, exclu ' ,, for ° ing on# �, arking areas constructed and existing from t '� to time ,n LI 14 �asem it Property (the "Parking Easement") Granr lishes, crea nd g� `` '� he Parking Easement for City to use, without,"°�ymen'` �; any fee o x argeb the Easement Property for the intended purposes set fo ',= this Eas' hent. For the avoidance of doubt, the Parking Easement or, lude Eas ent Property and does not include any right t I' ' ter u r any � , �"of the Grantor Property outside of the Eas ent Pksl'' , F OR b. ht to Modif ove or Relocate Parking Easements. Grantor and Developer 1 have. right ` rny time and from time to time, upon 90 days prior written k no pp to ,Todi��remove and relocate all or any portion of the Parking q : �� 1 ase describee�ern to another location with the consent of the City (which b ns t" not nreasonably withheld), within the Grantor Property (or to an 1�� xk ter native , , y owned by Grantor or Developer or to an Alternative Property q 'l , �'8rocurentor or Developer), Provided in all events that the City is provided r#�' e use of at least 300 spaces when taking into account spaces provided by or reel by Grantor, Developer, or their affiliates at the Grantor Property, the A ,` � nt Property, and any Alternative Property. c. Termination. The Parking Easement shall be terminated, upon at least ten (10) business days prior written notice, at such time as Developer or its affiliate has completed construction and obtained a certificate of occupancy of the South Garage or at such time as Grantor shall have provided (either itself, through one of its affiliates, or through a third party) alternative parking arrangements consented to by the City (which consent shall not be unreasonably withheld) until such time as the South Garage can be completed. Following termination of the Parking {00390070.1 306-9905263} 2 Page 998 of 1055 Easement and conditioned on the availability of alternative parking subject to terms and conditions reasonably comparable to those set forth in this Easement, City shall cease using the Easement Property for parking, and the City will enter into an agreement terminating this Easement and all rights hereunder. d. No Assignment or Transfer. The Parking Easement may not be assigned or transferred by City. Any attempted assignment or transfer of the Parking Easement or any rights granted herein shall be null and void and shall be deemed a violation of the Parking Easement. t 3. Prohibited Use. The intended use of the Easement Prope is for par,'fig of typical passenger vehicles by City employees, their invitees, and the neral puY fil connection with business with the City or attending civic events the , ` 'dance of d '` ° , the City �� shall not use or park any heavy equipment, buses, recea ;anal ` -' les, or other ; ` rsized T' vehicles within the Easement Property. The City will use its�st e to prohib' 'for limit any use not consistent with the intended use. will nset , `° roperty jj�T�jj� to stage any civic or social events. City a1 using the Easement Property in violation of any law or for a ose or tha" Parking Easement. The City will establish and enforce reasona strictiassure that ilinors are permitted on the easement property only w acco 'ed by adult and that animals are prohibited on the easement pro whe ` leash ` her physical halter. The City will mark or sign the ways frog �� par 4r `,,dots t City facilities to enhance safety and minimize foot- ovement oa'�� djace` cantor or Developer properties. Subject to applicable rnme equire meri nd ,' provals, and with the consent of City (which consent shall"iit be urs' nably `�hheld), Grantor and/or Developer may post signs on the Grantor Pro y an ' 1, e Ea " ent Property setting forth the rules and restrictions for e Eas t ent Pr'� onsi stent with the terms of this Easement, and the pro pition= } � � js of t Grantor Property other than the Easement Propertyt, 1 4. Use, antor.+ ran or �� eveloper may continue to use the Easement Property and a ,i ther nto� operty for any lawful purposes that do not unreasonably wi e ease m ' rtghts granted herein, including the right to improve the ,� � easem areass' ich irr� vements may include parking, paving, sidewalks, lighting, �> dsca; g, gree �I€j! es recreational areas drive aisles for motor-vehicles, and c 'tion of the 'oe ct. City shall not interfere in any manner with Grantor's or ...y). J 1 Dev' r s operations and activities upon the Easement Property. 5. Mainten a. Definition of Maintenance Obligations. The term "Maintenance Obligations" means any and all obligations to maintain, safeguard, upkeep, operate, repair, replace and remove the parking areas so that the Easement Property and the Grantor Property remain reasonably safe for the parking of vehicles and the access to such vehicles by their operators. {00390070.1 306-9905263} 3 Page 999 of 1055 b. City Duties. The City will keep the parking area free of debris. The City is responsible for the repair of any damage caused by the storage or operation of City heavy equipment, buses, recreational vehicles, or other oversized vehicles on the Easement Property. c. No City. The City has no duty to remove or pay for removal of the temporary parking improvements when the temporary use ends. d. Performance. Subject to Sections 5(a) and (b), Grantor a' Developer shall be responsible to perform all Maintenance Obligations a} asd 'fly necessary and reasonably required hereby on or at the Easement Pro rty. e. Standard of Care. To the extent required to bei�erfo; . d by each a parties hereto as set forth in this Easement, all Maintea' Obh ons shall beormed in a good and workmanlike manner, and in coin p} rice, 11 respects ith all applicable laws, rules, regulations an aances of� rgov � �thorities t�r # "I1; having jurisdiction over the Granto,�rop �e� nt Property. 6. No Duties of Grantor or Developer. Keit rantor Developerhall have any duty to City whatsoever with respect t he Par �YEas0 t or the Easement Property, including no duty to provide�� se what fir, except infrastructure �� R' �{ .y.iV maintenance as required by nd subs ec hos itati s set forth in Section 5. Furthermore, neither Gra ter ' eveloper " hav duty to City or any of City's employees, agents, co r c tors, i. ts, or invi �� to 'ovide security or to monitor the Grantor Property °rth aent� rtY in$ stro protect against ny person ortosafeguard oiProtectanero P ertYof any such artiesNeither ehicl " Grantor nor D 11 ha �ny lid Whatsoever for any injury to any person or for an los toles erty City or any of City's employees, agents, contract ; gu is or $� iteeS. ,City s employees, agents, contractors, guests, and invite 14 ssume 1 risk o � ury to any person and loss (including,but not limited to theft) and�� to an, f their � ective vehicles or other personal property, and City, on its beha�� i�� bhal of'�':FY's employees, agents, contractors, guests, or invitees, sry � ho �� antor an 0 eloper harmless from and against any and all damages in 01,a onne j wit e Pa, ' ' Easement including, but not limited to consequential ing �� age 'aris � `�;t ectgo the matters set forth in this Easement.Neither Grantor nor D"'''� ` = ` er shall hav' any obligation to assist (or to cause their employees or agents to assis ` ' y in collecting and/or removing any vehicles or personal property of City or other Party fry he Easement Property after the Parking Easement has been terminated. Any vehicles o ig sonal property left on the Easement Property after termination of the Parking Easement 'all be deemed to have been abandoned, and Grantor or Developer may remove any such vehicles or personal property from the Easement Property without any obligation to account to City or any other party with respect thereto. 7. Indemnification. City agrees to indemnify and hold harmless Grantor, Developer, and their respective members, managers, lenders (including any lender with a mortgage upon the Grantor Property), attorneys, employees, and agents (the "Indemnified Parties") from and against any damage, cost, or liability to the Indemnified Parties or the Indemnified {00390070.1 306-9905263} 4 Page 1000 of 1055 Parties' property (including the Grantor Property) caused by the use of the Parking Easement granted herein or the exercise of any rights granted in connection with the Parking Easement,unless such damage, cost or expense was caused by a failure of Grantor or Developer to maintain the infrastructure as required by Section 5 or the negligence or willful misconduct of the Indemnified Party. Nothing in this paragraph shall be interpreted as a waiver of City's sovereign immunity or the limitations of liability set forth in Sec. 768.28, Florida Statutes. 8. Default. f a. Default. If City shall be in default under any of the o igations ap cable to it as set forth in this Easement for 72 hours after receipt o �ritten nopi� default(or such lesser time in the event of an emergency), ven IGrantor or oper, or if such default shall be of such a nature that tie ' e c' t practicablcured within such 72 hour period and City shall not wit' 11 su ,t iod com s ce the curingof such default and thereafter w111,t#1111, ili ence" m _ of such default, then Grantor and/or Develiro ate steps to cure such 141default. City shall following. deman�1! ( 1 e accompanied by appropriate supporting documentati{ ' ' .$reimb'i riR e the Granto and/or Developer for the City's share of they Its anc f ensessonably paid or incurred by 4 - Grantor and/or Develop �� 'a Qise ch OJO � x H u, a b. Standard of Care � ' Hel A n � s �� ',Ie Grantor or Developer shall } Perform or cau�; ` be P ,r 11'1ed self-help and cure rights under this Section 8 sha a'e per d with t ', same standards of care, diligence and workmanship as if su �acts eing� " rformed or caused to be performed by City p� , t obli, *ons or t �iereunder. 9. Esto a t erf'ficate.` City s aout charge, at any time, and from time to time, withi n (10) days afte% equest therefor, certify by written instrument duly executed, ac kr o ed 1,11[,4 elivei-A. o or for the benefit of any existing or prospective tenant or ` ee cif the�11Gra r Property (or any portion thereof), specify: a. ' at thi�� unmodified and in full force and effect (or if there has been �� othe Easement is in full force and effect as modified and stating a modificall'n); b. 4 thv or not there are any existing defaults under this Easement and if so spe} i ging such defaults; and c. Such other pertinent information as the requesting party may reasonably request. 10. Insurance. City, at its sole expense, shall maintain a reasonable program of self-insurance or shall otherwise obtain insurance coverages, as described in Exhibit"D", with admitted insurers authorized to do business in the State of Florida and which are rated "A-/VIII" or equivalent in Best's Key Rating Guide, or any successor thereto(or if there is none, a rating organization having a national reputation); upon Grantor's or Developer's request, City {00390070.1 306-9905263} 5 Page 1001 of 1055 shall provide to Grantor and Developer a copy of each such policy or a certificate of insurance. Furthermore, any policy of insurance maintained by City in connection with the Easement Property shall provide that written notice shall be given to all insured parties, additional insured parties, and holders of certificates of insurance at least thirty (30) days prior to suspension, cancellation, termination, modification, non-renewal or lapse or material change of coverage. Subject to applicable law, in no event shall the limits of any insurance policies (or the City's election to self-insure as to any risks in connection with the Easement Property)limit the liability of City under this Easement. 11. Miscellaneous. a. The intended and primary use of the Easement Propel&is for Cii loyee, City invitees, and general public parking, and such A."Will e priority o ' her uses unless a like number and quality of alternativerki ;# ' ,} rovided at� �� cation reasonablyagreed to b the Cit in accordance w thea , of this F: ement. The exercise of the rights and privile fb g p i, nted her sh ' I,� �� ised in a manner which does not unreasona 1 i sru t t,e normal use Y � � 1, x p business or occupation of the PrQ, or any rove° ted or to be located on the Grantor Property or the Ease Prope� I, , b. All provisions of this E the ant rihereunder shall run with the land and shall b :g ' ding up ' ntor '` its ''ccessors and assigns. The Grantor Property Os {reafter be '' , solnveyed operated and leased subject to the ements frictions, c nant �and conditions contained in this Easement. 1 c. All no ds retests or ommumcations required hereunder shall be ig�kwritm ervice elvia r, ogniz express courier (such as FedEx or United P 14, r via �tates registered certified mail postage prepaid burn reel ipt req ted, addressed to each party hereto, as the case may be, at the ass fid hereina ve provided or such other address as any party may from kry '"tf ifi a Al . tl 7 e csig ate i G meriting to the other. 111411, is Ea°` nt sh �' e governed by and construed in accordance with the laws of �� z State I�. Venue of an litigation or administrative proceeding shall be Y g P g ° ,� � '11 exclusively i,. palm Beach County, Florida. The prevailing party in any litigation 'sing from the terms of this Easement shall be entitled to recover its reasonable ine .s' fees, both at trial and on appeal, as well as court costs, from the non- pr eY ing party. e. The captions used in this Easement are solely for the convenience of reference and shall not in any way limit or amplify the terms and provisions hereof. f. This Easement may be executed in counterparts, each of which will be deemed an original as against any party whose signature appears hereon, and all of which shall constitute one and the same agreement. {00390070.1 306-9905263} 6 Page 1002 of 1055 g. This Easement may not be terminated, modified or amended except as provided herein or as otherwise agreed to in a written document executed by the parties hereto or their respective successors in interest. h. Any invalidity of any of the terms and conditions or provision of this Easement by judgment, court order or otherwise shall not affect any of the other terms, conditions or provisions of this Easement. i. A like Easement Agreement will be executed conterm aneously with this Agreement by the parties to address additional tempo pafig on JKM BTS Central, LLC property. j. City shall not be liable or responsible to Gr for b{' nd the molimits specified in Ch. 768.28, Fla. Stat., regardlessIo ''�. eth d liability b` ' '� sed in tort, contract,indemnity or otherwise; and in no eve&jt hale' ;pe liable t i rantor for punitive or exemplary damages or rofits o' o{ nsages. [SIGNATURES AND ACKN9 EDGNON THE FOLLOWN GES] A ok "Pall" iqq' � W"� rip {00390070.1 306-9905263} 7 Page 1003 of 1055 IN WITNESS WHEREOF, the parties hereto have executed this Easement as of the day and year first written above. Grantor: Signed, sealed and delivered in the presence JKM BTS North, LLC, a Florida limited of: liability company Witness #1 By: JKM BTS r i lapital, ',LC, a Florida limited li 'ility compa ", its Printed Name: Manager , �� i frrk� 4�#rid ix}Pf�it € y. � (i Witness #2 A P. anM ! er ' Printed Name: a g " Oil!!� 10511 STATE OF FLORIDA COUNTY OF PALM BEACH4r ,' IN �' The foregoing instrument was ackged before" ,k'by orf El physical presence or El online notarization, this of A ° t 2020, byjr am Freedman, as Manager of JKM BTS Capital, LLC, a Florida fimf'S liabi ompany ; Manager of JKM BTS North, LLC, a Florida limited liability company, on� half of h co 4 , ny, who (j is personally known to me or(�produced '§ `£ ,.. F�4 as identification. p ��} � '�14 ,Ci NOTARY PUBLIC, State of Florida ,� `tea �1 �� ' fir, Print Name , fax 1t4 My Commission expires: Serial No.: 1p 4(py i i'y (SEAL) rip. {00390070.1 306-9905263} 8 Page 1004 of 1055 Developer: Signed, sealed and delivered in the presence of: JKM BTS Capital, LLC, a Florida limited Witness #1 liability company Printed Name: By: Adam P. Free „ !Tanager Witness #2 �; ? Printed Name: k : '7i"'i1� II1 STATE OF FLORIDA g } � ',,, COUNTY OF PALM BEACH �}}# The foregoing instrument was acknowledged befo�i } a by m� s of ❑ physical presence or ❑ online notarization, this day of Au 020, b�'! } am P.'- edman, as Manager of JKM BTS Capital, LLC, a Florida limited ny ' ehalf 11#dch company, who (� is } personally known to me or (� duced 'x � as identification. Aidk4''i � } 0 My Commission expires: 09, }� Serial No.: �� (SEAL) �k�r,Uk �o {00390070.1 306-9905263} 9 Page 1005 of 1055 Signed, sealed and delivered in the presence of: CITY OF BOYNTON BEACH,FLORIDA, a political subdivision of the State of Florida Witness #1 Printed Name: By. Steven B. Gr}p`o711$, #yor Witness #2 Printed Name: Attest:�iik{ s} 4{I{ k k �ik r STATE OF FLORIDA , t 1,5111111 to '#` ; COUNTY OF PALM BEACH { }�}r�� i; t k r {{{ c The foregoing instrument owledged re m 14neans of ❑ physical presence or El online notarization, this ��, day o ust, 202 Steen B. Grant, as Mayor of the City of Boynton Beach Florida a poli' 1 sub �on oft State of Florida who (� is personally �k� �{"��i�k k 7 known to me or(�pro ed as identification. {{}},, "01 of } FT eal , { ] Notary Public ��{ U�� Printed Name: � � ��? My commission expires: 0 {00390070.1 306-9905263} 10 Page 1006 of 1055 EXHIBIT "A" LEGAL DESCRIPTION OF GRANTOR PROPERTY Parcel 2, Boynton Beach Town Square, according to the plat thereof as recorded in Plat Book 127, Page 1, Public Records of Palm Beach County, Florida. If lip 1110'S 4' s� U (Mi 110 3 � if 04 at fit golff ,k{ PiA '1710 1 r i� 4 0,t 0 - {00390070.1 306-9905263} 1 1 Page 1007 of 1055 EXHIBIT `B" LEGAL DESCRIPTION OF SOUTH PARCEL Parcel 7, Boynton Beach Town Square, according to the plat thereof as recorded in Plat Book 127, Page 1, Public Records of Palm Beach County, Florida. A� 1110 „ 'Sip f R, P � 0 �t � ��i�� f f",, Ilk ) iFk r �Y�C ' S #r�o�s)tdl}i't,i{llq�"' �ii,IN �i r ' {00390070.1 306-9905263} 12 Page 1008 of 1055 EXHIBIT "C" LEGAL DESCRIPTION OF EASEMENT PROPERTY A parcel of landing being a portion of Parcel 2,BOYNTON BEACH TOWN SQUARE, according to the Plat thereof as recorded in Plat Book 127, Page 1 of the Public Records of Palm Beach County, Florida. Being more particularly described as follows: Commencing at the Southwest corner of said Parcel 2; Thence North 00°20'03" West (as a basis of bearings) along the West mosWest line of said Parcel 2, a distance of 30.30' to the POINT OF BEGINNING; M �� : Thence continue North 00° 20' 03" West along said Westernmost W line, a is of 24.00 l#, feet; a ti x „ 91 Thence North 89°40'29" East, a distance of 29.40 feet to a point 1 5 t East of a parallel with (as measured at right angles)the Easternmost West line of sai �, rce'1 Thence North 00° 19' 56" West along said parallel lin �� of 284 00 feed; Thence North 89° 40' 29" East, a distance of 247.13 eet �'' }'"r'1��1iii ai �, 0 !� § � t Thence North 00° 19' 31" West, a distance of 16 � et to a� ,nt being o ie North line of said Parcel 2; Thence North 89° 16' 40" East along said N, ne, a n of�a `� feet; r c Thence South 00° 19' 31" East a distanc tot int o r�,urvature of a circular curve to the right; 5 �]{@_ { tit {7� Thence Southerly and Westerly alj,' ' � soll"',', f saidcA",,a hav, g a radius of 40.00 feet, a central angle of 67°19'05 for a distance 47.0 �Thence South 00° 19' S6" East a dunce09 fI e Thence North 89° 40' 29" East, a diste of 1' f{ r et to a point being on the East line of said Parcel 2; �� }1 Thence South O1° 2t E� alo��'�� ?'ri line, a distance of 24.00 feet; Thence South 89°0 ' f4-- Wes distance of 1 .11 feet Thence South 20' 03 , ast a ,ance of 20.37 feet; 06, Thence Soutli8i, 57 st a dis�' e of 56.71 feet; Thence 00f East a 'stance of 9.86 feet Then �ou' 7; .:° 39 41 ,{„West #.� ,istance of 71.32 feet; Not&' prod ing th'` �es and distance coinciding with the Southern limits of said Parcel q 2Ja' r° Thence No , X00 20' 03” f est, a distance of 30.25 feet; Thence South 40' 29" West, a distance of 303.76 feet to the POINT OF BEGINNING. Said lands situat " ng and being Section 28, Township 45 South,Range 43 East, City of Boynton Beach, Palm Bead County, Florida. Containing 1.89 acres more or less. t00390070.1 306-9905263} 13 Page 1009 of 1055 EXHIBIT "D" Insurance Coverage Automobile Liability Bodily injury and property damage liability covering all owned, non-owned and hired automobiles for limits of not less than $500,000 bodily injury each person, each accident and$500,000 property damage, or $500,000 combined single limit each occurrence/aggregate. Commercial General Liability Bodily injury and property damage liability as shall protect thelty or ntor from c � s of bodily injury or property damage which arise from the use of fiAserri' The amoun' of such insurance shall be $2,000,000 per person, $2,000,000 per occurrenc& nd ' e ate limit of$5,000,000.00. This insurance shall include coy rod�i�/comp ed operation personal injury liability and contractual liability assteed 1 4' � � `' '� provision of this Easement. 4 ,C �. Workers' Compensation Insurance Meeting the statutory requirements of s,t orida and� � yer � ��ity of$1,000,000 per accident limit, $1,000,000 disease per polic �i �1,000,000 � �ease ch employee limit, providing coverage for employees and ow Professional Liability Insurance �1�� In an amount of notj"sthari (� r �Clasm and $2,000,000 aggregate. , i# PiA '171, } 41 } a t00390070.1 306-9905263} 14 Page 1010 of 1055 CONSENT TO EASEMENT BI 58 LLC, a Florida limited liability company ("Mortgagee"), is the holder of that certain Mortgage and Assignment of Leases and Rents, recorded in Official Records Book 31110, Page 1715 of the Public Records of Palm Beach County, Florida (the "Mortgage"), upon the Property described therein. Mortgagee hereby consents to the granting of the covenants, restrictions and easements set forth in the foregoing Easement as described in the foregoing instrument. IN WITNESS WHEREOF, Mortgagee has executed this Cons,, � to Easement this day of August, 2020. �� " BI 58 LLCJ1 � � t a Florida lir'i 3o. abi j � ompany 6� at st, }�I� i��'�7a�477f��8'&��##�k� Signed, sealed and deliveredI'}{ ��tt. ' B { { 11 ,til 041.1(4141.11141014 tft e: { o It S', u Witness Print Name �k' , V? 0 04 Witness Print Name ,{lI1lEa� if STATE OF FLOR i{ COUNTY OF l J mJ The forego trun� iwas ac ledged before me by means of ❑ physical presence or ❑ Yf��="''��{�+�{�;�(�iy+. �� Y�{.';.� lit„• online n ,rizat� � his ��;; , day ugust, 2020 by as of BI 58 i Flo ` limite' i 1O�ity company, on behalf of such company, who (� is personally known to�A � '`produced .,f��' as identification. Notary Public My Commission expires: t00390070.1 306-9905263} 15 Page 1011 of 1055 12.B. LEGAL 9/15/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 9/15/2020 Requested Action by Commission: Discussion and direction by City Commission regarding the Letter of Intent from Mallorca Isles, LLC., regarding the Nickels Blvd property. Explanation of Request: The City owns approximately 14.7 acres of land commonly referred to as the Nickels Blvd property. The land is undeveloped and outside the City boundaries. It is currently governed by Palm Beach County Land Development Regulations. On November 5, 2019, the City Commission was presented with a Letter of Intent from Pulte Homes to purchase the 14.7 acres. Following negotitions with Pulte, the City Commission approved a Purchase and Sale Agreement but the Agreement has not been signed. Subsequent to the City Commission approval of the Purchase and Sale Agreement the City Manager received a Letter of I ntent from Mallorca Isles, LLC., for the purchase of the same property. The City holds a $10,000 good faith deposit from Pulte Homes. Direction is sought as to whether the City Commission wants to proceed with the Purchase and Sale Agreement with Pulte Homes, in which case the Mayor can sign the Agreement or, authorize the City Manager to further explore the Mallorca Isles LOI option and notify Pulte Homes that the Purchase and Sale Agreement is being held in abeyance. How will this affect city programs or services? n/a Fiscal Impact: n/a Alternatives: Explore alternative marketing strategies to sell the City's 14.7 acres. Strategic Plan: Strategic Plan Application: Climate Action: Climate Action Discussion: Is this a grant? Page 1012 of 1055 Grant Amount: ATTACHMENTS: Type Description D Letter Mallorca Isles Letter of Intent D Letter Pulte Homes Letter of Intent Minutes of the August 19, 2020 City Commission D Minutes Meeting discussion on Purchase and Sale Agreement with Pulte Homes D Agreement Purchase and Sale Agreement for Nickels Blvd with Pulte Homes Page 1013 of 1055 Centennial Management Corp. 7735 NW 146 ST Harris Lakes, FL 33016 (305)821-0330 Fax (305)821-0402 LETTER OF INTENT TO PURCHASE REAL PROPERTY 8/20/2020 Property: 15.026 AC Parcel Control Numbers: • 00-43-45-19-00-000-3010; • 00-43-45-19-03-006-0080; • 00-43-45-19-04-006-0250; • 00-43-45-19-04-008-0200 To Whom It May Concern: This shall serve as a letter of intent to purchase the above referenced property. This is not intended to and shall not be construed as creating a contract between the Buyer and the Seller. Only a firlly executed agreement for purchase and sale of the property shall serve to bind the parties. 1) Buyer: Mallorca Isles, LLC 2) Seller: City of Boynton Beach,Florida 3) Price: $3,185,000.00 based on the approval of 90 lots 4) Deposits: A FIFTEEN THOUSAND DOLLAR($15,000.+60) refundable deposit due three(3) business days following the execution of the Contract. A FIFTEEN THOUSAND DOLLAR($15,000.00)non-refundable deposit due five(5)business days after expiration of the Investigation Period A ONE HUNDRED TWENTY-FIVE THOUSAND DOLLAR($125,000.00) refundable deposit due five(5)business days after expiration of the Investigation Period 5) Due Diligence: 30 Days frons execution of Contract. 6) Property condition: Property is being sold"AS IS"with Seller making no representations and no warranties concerning the property. 7) Financing: N/A(Cash deal) 1 Page 1014 of 1055 8) Closing: The closing(the "Closing") shall be held at the offices of Escrow Agent, by "mail away" closing or such other location as may be mutually agreed to by the parties upon the earlier to occur of thirty(30)days after the expiration of the Due Diligence period. 9) Brokers: Buyer and Seller represent and warrant to each other that each has not dealt with any broker, agent or similar person in connection with this transaction. 10) Exclusivity: Upon full execution of this Letter of Intent, Seller hereby agrees not to enter into any agreement, binding or otherwise with any other prospective purchaser for the Property. 11) Liens: Seller shall deliver the Property free of liens and at least ten(10)days prior to closing. If this Letter of Intent is acceptable, purchase contract shall be prepared by the Buyer's attorney. This offer will stay in effect untij,-Sprn of August 31, 2020. Sincerely, l Buyer: x mdfloreafiq'es, LC/ By/- Le,Msj,Sw4y lit Seller: Agreed and accepted this day of 2020 CITY OF BOYNTON BEACH,a Florida municipal corporation By: Name: Title: 2 Page 1015 of 1055 City of Boynton Beach—Nickels Blvd. November 18,2019 TO: Colin Groff, P.E,Assistant City Manager,City of Boynton Beach Subject: City of Boynton Beach-Nickels Blvd.1,0I This letter is to serve as a Letter of Intent(LOI) for Pulte Group to enter into contract negotiations to acquire+/- 14.7 acres of property known as the Nickels parcels,located in Boynton Beach, FL. Pulte Group has maintained the highest cash and lowest debt ratios amongst our peers through the ups and downs of the housing cycle. Our company has the capital to complete this transaction and we will not include any 3rd party lending approvals as part of our offer to purchase. Pulte understands there is a deed restriction and will bear all the costs of getting the deed restriction removed as well as the entitlements.We are prepared to work with all parties to resolve the deed restriction quickly. The general parameters for the proposed transaction are attached. Pulte agrees to work with the City of Boynton Beach to allow for the property to be annexed into the City at such time it become contiguous with the City limits. We look forward to hearing from you and want to assure you we are prepared to act quickly in working to arrive at a mutually acceptable contract. Respectfully, Pulte Group Awsm ft" Andrew Maxey VP of Land Acquisition Southeast Florida Division Cc: Brent Baker, Division President, Pulte Group Cc: Eliot Goldstein, Land Acquisition Analysts, Pulte Group (00344094.1306-9001821) 4400 PGA Blvd.,Suite 700 Palm Beach Gardens,FL 33410 Page 1016 of 1055 *Pu Ite i J i City of Boynton Beach—Nickels Blvd. 1. Property Description: The property consists of +/-14.7 acres of land located in Unincorporated Palm Beach County,off Nickels Blvd,as shown below: f i a§.lyt i. L m 1 .d '-...iF:dkrv�RO"w#4'eta°ter PCNs: 00-43-45-19-00-000-3010,00-43-45-19-03-006-0080, 00-43-45-19-04-006-0260,00-43-45-19-04-008-0200 2. Price Determination.The purchase price for the property is estimated to be $2,275,000 calculated based on an assumed entitlement of 91 Units. 3. PSA: Both parties agree to work together to execute a mutually acceptable contract within(60) sixty days after the parties execute a mutually acceptable LOI. 4. Deposits. First Deposit: $10,000 (Cash) Deposit is due within five (5)business days after the parties execute a mutually acceptable LOI and is non-refundable.The First Deposit is to be creditable against the total Purchase Price at Closing. Second De osit: Upon the end of the Inspection Period,Buyer will deliver,within five (5) business days,an additional$10,000 in cash directly to the seller and an additional deposit of$94,000 to Escrow Agent. The Second Deposit is to be creditable against the total Purchase Price at Closing. S. Inspection Period. Pulte will require 90 days from the signing of the contract in which to investigate the property at Buyer's expense.Pulte will have the right to buy(1) 30- day extension to closing by paying$5,000 in cash directly to the seller.The payment will be non-refundable but applicable to the purchase price. 6. Entitlement Period. Following the expiration of the Inspection Period and notice to proceed from buyer,Pulte shall have a period of 12 months to obtain the necessary entitlements to develop the property.Pulte will have the right to buy(1) 3-month (00344094.1306-9001821) 4400 PGA Blvd.,Suite 700 Palm Beach Gardens,FL 33410 Page 1017 of 1055 *Pu Ite City of Boynton Beach—Nickels Blvd. extension to closing by paying$20,000.The payment will be non-refundable and not applicable to the purchase price. a. Pulte will bear all the costs of getting the deed restriction removed as well as the entitlements. 7. Closing Schedule. Pulte shall close within 30 days of fulfillment of closing conditions or Entitlement Period termination date (whichever is earlier). 8. Conditions to Close. a) Palm Beach County revoking the deed restriction to allow for residential uses b) City of Boynton Beach vacating the existing ROW c) Final DRO site plan approval (non-appealable form) for a minimum 91 units d) Technical Compliance of Preliminary Plat and Construction Plans e) ERM Lake Excavation Permit f) LWDD Permit g) SFWMD ERP Permit This letter is not intended to create legal commitments binding upon either Pulte or the Seller. Said parties shall become legally bound only if and when they execute a mutually acceptable contract. If the foregoing is acceptable,please indicate your approval by signing this letter in the space provided below and return one signed copy to Pulte at the address shown on this letterhead. Upon receipt of the acceptance,Pulte will commence preparation of a mutually acceptable written contract. Agreed and Accepted: By:. Seller Date: 100344094.1306-9001821) 4400 PGA Blvd.,Suite 700 Palm Beach Gardens,FL 33410 Page 1018 of 1055 Meeting Minutes City Commission Meeting Boynton Beach, Florida August 19, 2020 other co-working spaces or incubator spaces, creating one and making it affordable and making it right here within the Town Square within the downtown, attracts all those things. This helps to expand the city's vision and where the city is trying to go. She is 100%, maybe even more in favor of what is being done and the direction and trajectory that she believes it will take the residents and the community in the near future. This is just one more step towards that process and would not do anything to deter from that. She said she provided the information because she believes it is relevant. B. Discuss direction to City staff for the 2021 International Kinetic Art Exhibit and possibly consider Resolution No. R20-086 - Authorizing the City Manager to sign a proposal and purchase order for Zucker& Lewis Media Group, LLC to manage and promote the event, currently scheduled for February 6-7, 2021. (Heard earlier in the Meeting) C. Presentation by Staff on the parameters of SHIP and CDBG programs to provide home ownership assistance for residents. (Heard Earlier in the Meeting) 10. Unfinished Business (none) 11. New Business- None A. Proposed Resolution No. 20-087-Authorize the Mayor to sign the Purchase and Sale Agreement with Pulte Home Company, LLC., for a City owned parcel known as the Nickels property. Mayor Grant read the proposed Resolution No. R20-087 into the record by title only. Mayor Grant asked about the timeline. What are the time dates for funding? Colin Groff, Assistant City Manager, responded the Pulte Group has already deposited a down payment to help cover the city's legal costs. Noted the deposit is nonrefundable. As of today, if the resolution is authorized, the Pulte Home Company, LLC will have 90 days to collect information on the land; this is called due diligence. Once this is done, they will have 360 days or one yes to receive all development approvals. Once the Pulte Home Company receives all the development permits, at that time the property will close and the remaining balance must be paid to the city. Mr. Groff stated the money that they're paying upfront is non-refundable, that covers our costs. If they terminate the contract, you know the purchase and sale sometime before they close, they carry all the cost. If the city chooses to, after the 90 days the city chooses not to follow through with the contract, then the city would be responsible for the cost. Staff recommends approval of this, because the property, again, as you all are aware, is outside the City limits. It will have annexation agreements in place, when such time it can be annexed it will be. They will also be water and sewer customers' revenue. 22 Page 1019 of 1055 Meeting Minutes City Commission Meeting Boynton Beach, Florida August 19, 2020 Motion Vice Mayor Penserga moved to approve Resolution No. R20-087. Commissioner Katz seconded the motion, which passed unanimously 12. Legal A. Proposed Resolution No. R20-088 - Approval of Settlement Agreement Between the City of Boynton Beach and Eckols '76 LTD and Eckols '86 LTD and authorizing the City Manager or the City Manager's Designee to execute the Settlement Agreement. Mayor Grant read the proposed Resolution No. R20-088 into the record by title only. Attorney Cherof stated this is a settlement offer in a foreclosure action. The City has liens on the property in the $850,000 range. The property is worth in the $250,000 range. The defendant, Eckols'76LTD and Eckols 86, has decided that would rather settle the case than to litigate. The subtle end result would be the city would own the property. The property is free and clear of any encumbrances, and the city is encouraged to take it on that condition. Mayor Grant said he believes it would have other encumbrances. Attorney Cherof indicated the city title search indicates the property does not have any encumbrances on it. Mayor Grant asked other than the City liens? Attorney Cherof stated that was correct. Those liens would be merged into our ownership, and the lawsuit for foreclosure would be dismissed with prejudice. Mayor Grant asked if the city would receive a quick claim deed or a warranty deed. Attorney Cherof responded the city would receive a Warranty Deed. Motion Commissioner Katz moved to approve Resolution No. R20-088. Vice Mayor Penserga seconded the motion, which passed unanimously. Mayor Grant announced some sad news regarding the Grand Marshall for 2017, Enrique Zanada passed away, CEO of the Soup Kitchen on West Boynton Beach Boulevard. Mayor Grant indicated he spoke with staff regarding the Urban Tree Canopy Study and requested a discussion regarding ways of funding for sustainability of trees, a tree fund for developers, a utility sustainability program and a memorial tree fund. He heard the city had it on the books. Lori LaVerriere, City Manager, stated the City received donations sporadically in the past. Set up a 691 fund and there is no balance. Indicated the structure is ready to accept 23 Page 1020 of 1055 AGREEMENT FOR PURCHASE AND SALE THIS AGREEMENT FOR PURCHASE AND SALE (this "Agreement") is dated as of the Effective Date (as defined in Section 27) and entered into by the City of Boynton Beach, Florida, a Florida municipal corporation ("Seller"), and Pulte Home Company, LLC, a Michigan limited liability company, and/or its assigns ("Buyer'). BACKGROUND: A. Seller is currently the owner of certain parcels of real property containing approximately 15 acres in the aggregate, located in unincorporated Palm Beach County ("County"), Florida, and which is more particularly described on Exhibit"A" attached hereto and made a pant hereof("Land"). The legal description of the Land shall be subject to verification by a survey prior to the expiration of the Investigation.Period, as defined in Section 4 herein. B. The Land is being acquired with the primary intent of developing a residential community containing a minimum of ninety-one (9 1) single-family residential units, together with associated amenities,parking and other property features (the"Buyer's Intended Use") C. The parties to this Agreement have agreed to the sale and purchase of the Property on the terms and conditions which are set forth in this Agreement. AGREEM ENT: 1. Purchase and Sale. Subject to all of the terms and conditions of this Agreement, Seller will sell to Buyer and Buyer will purchase from Seller the Land, together with all appurtenances, rights, easements, and development rights of way incident thereto, including, without limitation, the following(collectively, with the Land, the"Property"): (a) All easements, rights of way, privileges, licenses, appurtenances and any other rights, privileges and benefits belonging to the owner of, running with title to, or in any way related to,the Land, if any; (b) All land use rights or other consents, authorizations, variances, waivers, licenses, permits, vested concurrency rights, approvals, development orders, or any other approvals issued or granted by or from any governmental authority with respect to the Land, if any; (c) All percolation, soil, topographical, traffic, engineering and environmental reports, appraisals or studies in the possession or control of the Seller, and all riparian, littoral rights,title to submerged lands and other water rights related to or benefiting the Land, if any; (d) All existing rights to sewage treatment capacity, potable water capacity, utility mains, service laterals, hydrants, connections, hood-ups and valves located on, or adjacent to, and servicing or available to service the Land; i I 100391/542 30Cr9903441) WPBDo1us 10386778 6 Page 1021 of 1055 (e) Any and all other agreements, contracts, covenants, variances and rights, benefits and privileges, and all other intangible rights of Seller related to or benefiting the Land, if any, including the prospective abandonment of unwanted casements or rights of way. 2. Purchase Price. (a) Purchase Price. The total purchase price for the Property is TWO MILLION TWO HUNDRED SEVENTY FIVE THOUSAND and No/100 Dollars ($2,275,000.00) ("Purchase Price"). (b) Initial Deposit. Buyer has previously delivered to Seller a cash deposit in the amount of TEN THOUSAND DOLLARS ($10,000.00) ("Initial City Deposit") following the execution of a Letter of Intent relating to the purchase of the Property. (c) Additional Deposits. Within five (5) business days after the expiration of the Investigation Period, Buyer shall (i) deliver directly to Seller an additional cash deposit in the amount of TEN THOUSAND DOLLARS ($10,000.00) (the "Additional City Deposit" and, together with the Initial City Deposit, the "City Deposits"), and (ii) deliver an additional cash deposit to Goren, Cherof, Doody & Ezrol, P.A., as escrow agent ("Escrow Agent"), in the amount of NINETY FOUR THOUSAND DOLLARS ($91,000.00) (the "Escrow Deposit", and together with the Additional City Deposit, the"Additional Deposits"). Escrow Agent shall hold the Escrow Deposit in a federally insured escrow account. (d) Treatment of Deposits. The Initial City Deposit and the Additional Deposits, together with all interest earned on them, are collectively referred to in this Agreement as the "Deposit", as applicable, and the Deposit shall be fully applied to the Purchase Price at Closing. Upon payment, the City Deposits shall be non-refundable to Buyer except in the event of a Seller default tinder this Agreement or under the circumstances expressly set forth in Section S(a). (e) Payment of Purchase Price. At the time of Closing, the Buyer will pay to Seller by wire transfer of funds the balance of the Purchase Price as adjusted for prorations and adjustments as set forth in this Agreement. 3. Title Insurance; Survey. (a) Title Commitment. Within fifteen (15) calendar days from the Effective Date, Buyer shall, at its sole cost, obtain an ALTA title insurance commitment with respect to Property ("Title Commitment") (accompanied by electronic copies of all docurnents affecting the Property and which are set forth as exceptions therein), issued by any major national title insurance underwriter selected by Buyer (the "Title Company"). The ALTA Owner's Policy of Title Insurance to be issued pursuant to the Title Commitment shall be referred to tinder this Agreement as the"Title Policy" (b) Title Objections. Buyer shall have fifteen (15) calendar days from the later to be received of both the Title Commitment and the Survey (as defined in Section 3(c)) to give Seller written notice ("Objection Letter") of those matters shown in the Title Commitment or the Survey to which Buyer objects ("Title Objections"). If the Buyer fails to provide the Objection Letter to Seller within such time period, then, for all purposes of this Agreement, the Buyer shall WPSDOCS 10386778 6 [90391354.2 306-99054411 2 Page 1022 of 1055 be deemed to have accepted title in the condition described in the Title Commitment. Except for Monetary Liens(which Seller shall be required to satisfy or otherwise cure whether or not timely objected to by Buyer), any title exceptions which are not objected to within such time period shall be deemed to be acceptable to Buyer and permitted exceptions ("Permitted Exceptions"). (c) Kure Period. By no later than. ten (10) business days after receipt of the Title Notice (the "Cure Period"), Seller may, at Seller's sole discretion, attempt to eliminate or modify all unacceptable matters to the satisfaction of Buyer, but Seller shall have no obligation to do so, except that Seller shall be obligated to pay, discharge or bond off any monetary lien or monetary encumbrance affecting all or any portion of the Property ("Monetary Liens") prior to the Closing, provided such lien or encumbrance is not created by Buyer. Monetary Liens shall specifically exclude taxes and/or assessments levied by any private or governmental agency and attributable to a period of time on or after the Closing Date. If any Title Objections are not cured (as determined by Buyer) within the Cure Period (other than Monetary Liens which. Seller shall release or satisfy prior to Closing), Buyer may elect to (i) terminate this Agreement and the Escrow Deposit shall be returned by Escrow Agent to Buyer, and all parties hereto shall be released from any and all obligations and liabilities hereunder or (ii) waive any Title Objections, by written notice to the Seller, in which event such Title Objections (other than Monetary Liens) shall be deemed Permitted Exceptions and the Closing shall take place pursuant to this Agreement without any abatement in the Purchase Price. If Buyer fails to notify Seller of either election under the preceding sentence within ten (10) business days subsequent to the end of the Cure Period, then Buyer shall be deemed to have waived any such Title Objections (other than Monetary Liens). Notwithstanding anything contained in this Agreement to the contrary, at or prior to Closing, Seller shall deliver such documentation or take other action necessary for the Title Company to delete the "standard exceptions" under Schedule B-11 of the Title Commitment relating to the "gap", survey matters (subject to Buyer's delivery of a current Survey and any specific matters disclosed therein identified by the Tide Company), unrecorded easements, parties in possession, and construction liens. (d) Updated Title Commitment. In the event that any matter shall be recorded against the Property between the date of the Title Commitment and the Closing Date, which is not contained in the Title Commitment ("New Matter"), then each such New Matter shall be deemed to be objectionable to Buyer and shall be removed by Seller promptly upon Buyer's. request, but in all events, prior to the Closing Date. Prior to the Closing Date, 'Seller shall obtain and deliver to Buyer an updated Title Commitment with an effective date no earlier than fifteen (15) days prior to the Closing Date. (e) ,Survey. Within fifteen (15) calendar days from the Effective Date, 'Seller shall provide to Buyer (and its counsel) a prior survey with respect to the Property, if one exists, ("Existing Survey"), provided Seller has a survey in its possession. By no later than sixty (60) calendar days after the Effective Date, Buyer, at its sole cost and expense, shall obtain an accurate survey of the Property, showing all recorded easements on the Property, certified to the Title Company, Escrow Agent, and Buyer, prepared by a registered surveyor in the State of Florida in accordance with the minimum technical standards imposed under Florida Administrative Code Chapter 5J-17.(}50-.052 or ALTA/ACSM(the "Survey"). Buyer may give notice in its Objection Letter of any defects or matters unacceptable to Buyer, which shall be treated as a Title Objection as provided in Section 3(b) above. Any matters reflected on the WPBD4C5 10386778 6 100391154.2306-99054411 3 Page 1023 of 1055 Survey to which Buyer does not expressly object in Buyer's Objection Letter shall be deemed Permitted Exceptions. 4. Investigation Period. (a) Property Documents. Within fifteen(15) calendar days after the Effective Date, Seller shall provide Buyer with any and all relevant information relating to the Property which is in Seller's possession, custody or control, including but not limited to all surveys, topographical maps, soil borings reports, traffic studies, agreements, environmental reports, appraisals, site planning concepts, permits, leases, contracts, project approvals, property tax bills, regulations and or other governmental or quasi-governmental matters affecting the Property (the "Property Documents"). In addition, Seller shall deliver to Buyer any additional information with respect to the Property within ten (10) calendar days of the Seller's receipt thereof, which upon delivery shall constitute Property Documents. (b) Inspections. Buyer shall have a period commencing on the Effective Date and expiring ninety (90) calendar days thereafter (the "Investigation. Period"), to inspect the Property in order to determine whether the Property is acceptable to Buyer for Buyer's Intended Use, in its sole and absolute discretion. During the term of this Agreement, Buyer and Buyer's contractors, consultants, employees, and other representatives shall have the right to conduct, at their own expense, inspections of the Property in order to determine if the Property is acceptable to Buyer in its sole discretion. Seller hereby grants to Buyer and its agents, servants, employees, contractors and representatives, a right of entry upon every portion of the Property, and a right to examine all records, documents, data or information of any kind or nature relating to or concerning the Property in the possession or under the control of Seller or other matters pertaining to the Property(and Seller hereby agrees to make any and all records, documents, data or information of any kind or nature relating to or concerning the Property in the possession or under the control of Seller available to Buyer) from time to time at all reasonable times for the purpose of inspecting the Property. Such inspections may include, but shall not be limited to, surveying, environmental studies, soil borings, wetlands assessments, and utilities and site planning studies, zoning and land use analysis, the analysis of the anticipated construction costs for development of the Property, and any other matters deemed appropriate by Buyer in its sole discretion. Buyer may also contact all applicable agencies and governmental authorities having jurisdiction over the Property to discuss and evaluate Buyer's Intended Use of the Property. Seller confirms and acknowledges that such inspections and testing will be a necessary part of the due diligence to be performed by the Buyer. During the Investigation Period, the Buyer will prepare and submit to Seller's staff a more detailed site plan for the Buyer's Intended Use; however, Seller shall have no right to approve, or otherwise require modifications to, the site plan. (c) Indemnification. The Buyer hereby indemnifies and holds the Seller harmless from any loss, cost or expense, including, but not limited to reasonable attorney's fees and out- of-pocket costs actually incurred by the Seller, as a result of the negligence or misconduct of any of Buyer's agents who enter the Property prior to Closing. The indemnification provided herein shall survive any termination or dosing under this Agreement. Buyer small have no indemnification obligation or other liability for, or in connection with any claims arising from pre-existing conditions on or under the Property, or those arising from the presence, discovery, WPBBOCS 10386778 6 (0039][54.23W9905441) 4 Page 1024 of 1055 or disturbance of "Hazardous Substances" as such term is defined in the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C.19601 et sect. and the regulations promulgated thereunder(as amended from time to time) and shall include oil and oil waste as those terms are defined in the Clean 'Water Act, 33 U.S.C. '1251 et serf. and the regulations promulgated thereunder (as amended from time to time), the Resource, Conservation and Recovery Act, 42 U.S.C. '6901 et seq., and the Florida Resource Recovery and Management Act, Florida Statutes `403.70-403.73, each as amended from time to time, and also shall include any other elements or compounds contained in the list of hazardous substances adopted by the United States Environmental Protection Agency(the"EPA"), or any other substance or material defined or designated as a hazardous or toxic waste material or substance or other similar term by an federal, state environmental statue, regulation or ordinance presently in effect, as such statute, regulation or ordinance may be amended from time to time or any petroleum or petroleum derivative products. (d) Acceptance Notice. Notwithstanding anything to the contrary contained in this Agreement, in the event that Buyer, in its sole and absolute discretion, is satisfied with the results of its inspections, Buyer may elect to proceed with the transaction described herein by providing written notice to Seller no later than the expiration of the Investigation Period ("Acceptance Notice"). If(i) Buyer does not provide Seller with the Acceptance Notice before the expiration of the Investigation Period or(ii) if Buyer provides written notice to Seller prior to the expiration of the Investigation Period that Buyer disapproves of the feasibility of this transaction, then, in either case, this Agreement shall be deemed terminated and shall be null and void without recourse to either party hereto, except for those obligations which expressly survive the termination of this Agreement. In the event Buyer timely sends the Acceptance Notice on or before the expiration of the Investigation Period, then Buyer shall be deemed to have elected to proceed with this Agreement and to be satisfied with its inspections. (e) flight to Extend Investigation Period. Buyer shall have the right (provided Buyer is not in default hereunder) to extend the Investigation Period for one thirty(30) calendar day extension period ("Inspection Extension Period") by providing Seller with written notice of such election by no later than three (3) calendar days prior to the expiration of the Investigation Period. Buyer shall pay directly to Seller, within three (3) business days prior to the end of the Investigation Period, a nonrefundable extension fee in the amount of Five Thousand Dollars ($5,000.00) ("Extension Fee"), which shall be applied to the Purchase Price due at the Closing. 5. Approvals Period. (a) Approvals. During the Approvals Period as defined herein, the Buyer will, in good faith, seek to obtain the following approvals for the purpose of enabling Buyer to develop the Property for Buyer's Intended Use (the following items being hereafter collectively defined as the "Approvals"). The "Approvals Period" shall mean the period from the date the Investigation Period expires until that date which is three hundred sixty-five (365) calendar days thereafter, provided that Buyer shall have the right, upon giving notice to Seller no later than fifteen (15) days prior to the originally scheduled expiration date of the Approvals Period, to extend the Approvals Period for an additional thirty (30) calendar days, so long as Buyer is still seeking, and continues to seek, in good faith, to obtain the Approvals as set forth below. WPBDOCS 10386778 6 (00391154,2306-9905441) 5 Page 1025 of 1055 (i) Buyer shall have obtained in a final and non-appealable form, a DRO site plan approval for the Property from Palm Beach County and all other required governmental authorities whose approval, consent or permitting is necessary for the development of the Property for Buyer's Intended Use("DRO Site Plan Approval"). (ii) Buyer shall have obtained from South Florida 'Water Management District ("SP'WMD") an environmental resource permit, in a final and non-appealable form, for the development of the Property for Buyer's Intended Use("ERP.Approval"). (iii) Buyer shall have obtained an Environmental Resource Management Lake Excavation Permit from Florida DEP, in a final and non-appealable form, for the development of the Property for Buyer's Intended Use(the"ERM Permit"). (iv) The Future Land Use Plan designation for the Property shall be final and non-appealable, if the designation has been changed, and shall allow the Property to be developed for Buyer's Intended Use. (v) Buyer shall have obtained from the Labe Worth Drainage District, in a final and non-appealable form, a drainage permit for the development of the Property for Buyer's Intended Use ("LWDD Permit"). (vi) All deed restrictions and reversionary rights affecting the Property shall have been terminated or released by all necessary parties, in a final and non-appealable form recorded in the Public Records of Palm Beach County, Florida, sufficient to allow for Buyer's Intended Use and issuance of the Title Policy without exception for such matters. (vii) Buyer shall have obtained from Palm Beach County the Technical Compliance of the preliminary plat and construction plans for Buyer's Intended Use, in a final and non-appealable form ("Technical Compliance"). (viii) Buyer shall have obtained approval from all necessary governmental authorities or other parties for the vacation and abandonment of the right of way(s) currently affecting the Land, in a final and non-appealable form sufficient to allow for Buyer's Intended Use and the issuance of the Title Policy without exception for such right of way(s). (ix) Buyer shall have obtained such permanent easements for utilities over neighboring properties as may be necessary for the development of the Property far Buyer's Intended Use. (x) Buyer and Seller shall enter into a Service Utility Agreement. If Buyer does not receive written evidence that all of the Approvals have been obtained by the expiration of the Approvals Period, then Buyer may terminate this Agreement by delivering written notice to the Seller, whereupon the Escrow Deposit shall be immediately returned by Escrow Agent to Buyer and the parties shall be relieved of any further liability or obligation hereunder; provided, that, if the DRO Site Plan Approval has not been obtained by the expiration of the Approvals Period, then the City Deposits shall also be immediately returned by i WPBDOCs 10386778 6 (00391154.2 346-9905449) 6 Page 1026 of 1055 Seller to Buyer. Buyer's notice of termination shall be effective upon delivery and shall be delivered prior to the end of the Approvals Period. (b) Duty to Cooperate. Seller shall cooperate with Buyer with respect to Buyer's pursuit of the Approvals and shall execute such applications, requests for approvals, and documents as Buyer reasonably requests or as may be necessary in connection with the Approvals, including, without limitation, written consents to any applications for the Approvals or documentation designating Buyer as Seller's agent with respect to any Approvals; provided, that, Buyer shall be solely and absolutely responsible for all costs and expenses incurred by or on behalf of Buyer and arising out of or related. to Buyer's pursuit of and compliance with the Approvals for the Property. b. Closing Date. The closing (the "Closing") shall be held at the offices of Escrow Agent, by"mail away" closing or such other location as may be mutually agreed to by the parties upon the earlier to occur of thirty (30) days after (i)the expiration of the Approvals Period (as defined below) as the same may be extended, or (ii) Buyer has obtained all Approvals (as defined above) (the"Closing Date"). 7. Seller's Closing Documents. At or prior to Closing, 'Seller shall deliver the following items to the Escrow Agent; (a) Special. Warranty Deed. A Special Warranty Deed in the form attached hereto as Exhibit "BSD (the `.`Deed"), subject only to the Permitted Exceptions and with the legal description provided in the"Title Commitment as verified by the Survey. (b) Affidavit. A "gap", no-lien and exclusive possession affidavit sufficient for the title company to delete any exceptions for parties in possession, mechanic's or materialmen's liens and"gap"from the Title Policy. (c) FIRPTA Affidavit. In order to comply with the requirements of the Foreign Investment Real Property Tax Act of 1980 ("FIRPTA"), Seller will deliver to Buyer at Closing an affidavit under penalty of perjury stating the Seller is not a "foreign person," as defined in Section 1445 of the Internal. Revenue Code of 19861 and the U.S. Treasury Regulations thereunder, setting forth Seller's taxpayer identification number, and that Seller intends to file a United States income tax return with respect to the transfer. Seller represents and warrants to Buyer that it has not made nor does Seller have any knowledge of any transfer of the Property or any part thereof that is subject to any provisions of FIRPTA that has not been fully complied with by either transferor or transferee. As required by law, if Seller fails to comply with the requirement of this paragraph, Buyer shall withhold 15% of the Purchase Price in lieu of payment thereof to Seller and pay it over instead to the Internal Revenue Service in such form and manner as may be required by law. (d) Seller Authorization. Evidence of Seller's authorization to consummate this transaction, as required by the Title Company. WPr3DOCs 10386778 6 (00391154.2306-990.5441..) 7 Page 1027 of 1055 (e) General Assignment. An assignment of any and all rights, licenses, development rights, contracts and plans of Seller which pertain to the Property. Such assignment shall be in the same farm attached hereto as Exhibit"C" and made a part hereof, (f) Marlccd Up Commitment. Seller° shall cause the Title Company to issue a "marked up" Title Commitment insuring fee simple marketable title to the property, in the insured amount of the Purchase Price, in accordance with the "Title Commitment, and subject only to the Permitted Exceptions. (g) Additional Documents. Such additional documents as are customarily required of seller's in transactions of this type in Palm Beach County, Florida or as may be reasonably necessary to consummate the purchase and sale of the Property, together with any other documents, instruments, or agreements call for under this Agreement that have not been delivered previously, including, without limitation, Seller's counterpart to the approved closing statement referenced under Section 8. 8. Buyer's Deliveries. At the Closing, and atter the Seller has complied with all of the terms and conditions of this Agreement and simultaneously with Seller's delivery of the documents required in Section 7, the Buyer shall pay to the Seller by wire transfer of funds or local cashier's check, the Purchase Price, adjusted for the credits, prorations, adjustments and other payments provided for in this Agreement. Buyer shall prepare a closing statement which must be approved by both Buyer and Seller. 9. Closing Costs,Prorations,and Impact Fees. (a) Closing Costs. Buyer shall pay for the following items prior to or at the time of Closing: (a) Costs associated to appraisals, survey, environmental reports (phase I and phase Ilya (b) recording fees of the Deed, Mortgage, if any, and any other instrument as required to be recorded in the Public Records; (c) documentary Stamps on the Deed as provided under Chapter 201, Florida Statutes; (d) all costs and expenses related to obtaining and updating the Title Commitment;and(e)the premium for the Title Policy. (b) Prorations. All real estate taxes and assessments for the Property attributable to the year in which the Closing occurs shall be prorated and adjusted as of the Closing Date as an adjustment at the Closing (regardless of whether such taxes and special assessments are then due and payable or delinquent, and taking into consideration the maximum allowable discount). If the tax statements for the year during which the Closing Date occurs are not finally determined, then the assessed value for the year of closing and the millage rate for the immediately prior fiscal year will be used for the purposes of prorating taxes on the Closing Date, with a fiu-kher adjustment to be made after the Closing Date with a reasonable period oftirne following such tax figures being finalized. All special assessments which may be amortized over a number of years will be prorated as of the Closing Date, with Seller responsible only for the period ending on the day prior to the Closing Date. Stich other items that are customarily prorated in transactions of this nature shall be ratably prorated as of the Closing Date. The provisions of this Section shall survive the Closing and delivery of the Deed. WPBDOCs 10386778 6 (00391154.2 306-99054411 8 Page 1028 of 1055 (c) Impact Fees. Seller shall not be responsible foi•any impact fees owing following the Closing Date in connection with Buyer's ownership or development of the Property. 10. Seller's Warranties. Seller hereby represents and warrants to Buyer, as of the Effective Date and again as of the Closing Date, as follows: (a) There are no condemnation or eminent domain proceedings pending or, to the best of Seller's knowledge, contemplated against the Property or any part thereof, and the Seller has received no notice of the desire of any public authority to take or use the Property or any part thereof. (b) There are no legal actions, suits, or other legal or administrative proceedings pending or, to the best of Seller's knowledge, threated against Seller or any part of the Property, which do or could (i) affect title to the Property or any part thereof, (ii) prohibit or make unlawful the consummation of the transaction contemplated by this Agreement, or render Seller unable to consummate the same; or (iii) would have a material adverse effect on the Property, Buyer's ability to develop the Property for Buyer's Intended Use, or Buyer's ability to sell any residential units once constructed. (c) The Seller has full power and authority, and all necessary governmental actions on behalf of Seller have been taken, to execute and deliver this Agreement and all documents now or hereafter to be delivered by it pursuant to this Agreement, to perform all obligations arising cinder this Agreement, and to complete the transfer of the Property contemplated by this Agreement. This Agreement has been duly executed and delivered by the Seller and constitutes a valid, binding and enforceable obligation of the Seller, subject to bankruptcy and other debtor relief laws and principals of equity. (d) Seller is not, and will not be, a person or entity with whom Buyer is restricted from doing business with under the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and. Obstruct Terrorism Act of 2001, H.R. 3162, Public Law 107-56 (commonly known as the "USA Patriot Act") and Executive Order-Number 13224 on Terrorisrn. Financing, effective September 24, 2001 and regulations promulgated pursuant thereto (collectively, "Ami-Terrorism Laws"), including without limitation persons and entities named on the Office of Foreign Asset Control. Specially Designated Nationals and Blocked Persons List. (e) Seller has no notice or actual knowledge of.. (i) any pending improvement liens to be made by any governmental authority with respect to the Property, (ii) any violations of zoning ordinances or other governmental regulations with respect to the Property; (iii) any pending or threatened condemnation proceedings with respect to the Property; or (iv) any suit, action, claim or other proceeding which relates to or affects the Property (f) No person or entity has any agreement, commitment, option, right of first refusal, right of first offer, or any other right, option or agreement, whether oral or written, with respect to the purchase of the Property or any portions thereof or any interest therein, other than Buyer, pursuant to this Agreement. Prior to Closing, no portion of the Property or any interest therein shall be alienated, encumbered, conveyed or otherwise transferred by Seller, nor shall Seller WPDDOCS 10386778 G 1003911542 306-99€5441 i 9 Page 1029 of 1055 enter into any agreement, commitment, option, right of first refusal, or any other right, option or agreement with respect to the purchase of all or any portion of the Property. (g) Seller has not entered into any leases, options or other occupancy agreements, either written or oral, affecting the Property and Seller has exclusive possession of the Property. (h) There are no agreements or contracts entered into by Seller affecting the Property that will be binding on Buyer after Closing. (i) Seller has not made any written or verbal commitments to any governmental authority, utility company, religious body, homeowners' association, or other organization, group or individual, relating to the Property that would impose an obligation upon Buyer to make any contribution or dedications of money or Property or to construct, install or maintain any improvements of a public or private nature on or off the Property, except as may be disclosed in this Agreement. (�) To Seller's knowledge, there are no leases or other possessory rights, oral or written, affecting the Property or any part thereof, and there are no adverse or other parties in possession of the Property, or any part thereof. Between the Effective Date and the Closing Date, Seller will not enter into any leases or other possessory rights, affecting or with respect to the Property, without the prior written consent of Buyer. (k) Seller is not a"foreign person" within the meaning of the United States tax laws, to which reference is made in Internal Revenue Code Paragraph 1445(b)(2). At the Closing, Seller shall deliver to Buyer an affidavit to such effect,which shall also state its tax identification number. (1) Seller has no actual knowledge that any of the Property Documents are inaccurate or incomplete in any material way. (m) Seller has not generated, recycled, reused, sold, stored, handled, transported or disposed of any hazardous Substance on the Property. Seller has not received nor is Seller aware of any written notice fi°orn any governmental agency stating that the Property does not comply with any applicable local, state, federal environmental law, regulation, ordinance or administrative or judicial order relating to the generation, recycling, reuse, sale, storage, handling,transport and/or disposal of any hazardous Substance. Seller makes and shall make no warranty regarding the title to the Property, except as expressly provided in this Agreement and except as to any warranties which will be contained in the instruments to be delivered by Seller at Closing in accordance with this Agreement. Further, Seller makes and shall make no representation or warranty either expressed or implied (except as specifically set forth in the Agreement) regarding condition, operability, safety, fitness for intended purpose, use, governmental requirements, development potential, utility availability, legal access, economic feasibility or any other matters whatsoever with respect to the Property. Buyer speefically acknowledges and agrees that Seller shall sell and Buyer shall purchase the Property on an "AS IS, WHERE IS, AND WITH ALL FAULTS" basis and that, except for the Seller's representations and warranties specifically set forth in this Agreement or any of the instruments to be delivered by Seller at Closing in accordance with this Agreement, Buyer is not relying on any representations or warranties of any kind whatsoever, express or implied, from Seller, its agents, WPBDOC;S 10386778 6 100391154.2 301>--M54411 10 Page 1030 of 1055 officers, or employees, as to any matters concerning the Property including,without limitation, any matters relating to (1) the duality, nature, adequacy, or physical condition of the Property, (2) the quality nature, adequacy or physical condition of soils, fill, geology, or any groundwater, (3) the existence, quality, nature, adequacy or physical condition of utilities serving the Property, (4) the development potential, income potential, expenses of the Property, (5) the Property's value, use, habitability, or merchantability, (6) the fitness, suitability,,or adequacy of the Property for any particular use or purpose, (7)the zoning or other legal status of the Property, (8) the compliance of the Property or its operation with any applicable codes, laws, rules, regulations, statutes, ordinances, covenants, judgments, orders, directives, decisions, guidelines, conditions, or restrictions of any governmental or quasi-governmental entity or of any other person or entity, including, without Limitation, environmental person or entity, including without limitation, environmental laws, (9) the presence of Hazardous Substances or any other hazardous or toxic matter on, under, or about the Property or adjoining or neighboring property, (10) the fi•eedom of the Property fi°om latent or apparent vices or defects, (11)peaceable possession of the Property, (1 ) environmental matters of any kind or nature whatsoever relating to the Property, (13) any development order or agreement,or (14) any other matter or matters of any nature or kind whatsoever relating to the Property. Each of the foregoing representations and warranties is true and correct as of the Effective Date, and will be true and correct as of the Closing Date, and shall survive the Closing for a period of six(6)months. 11. Covenants of Seller. Seller hereby covenants with the Buyer that between the date of this Agreement and the Closing: (a) Seller will not, without the Buyer's prior written consent, create by its consent any encumbrances on the Property. For purposes of this provision the term "encumbrances" shall mean any liens, claims, options, mortgages or other encumbrances, encroachments, rights- of-way, leases, easements, covenants, conditions or restrictions. Furthermore, Seller shall not market the Property or enter into any contracts, letters of intent, agreements, commitments, options, rights of first refusal, rights of first offer, or any other rights, options or agreements to sell the Property or any portion thereof. (b) Seller will not file any application for any change of the present zoning classification of the Property unless such change is requested by the Buyer in writing or called for by this Agreement to allow the Property to be developed with the Project. Seller will cooperate fully with the Buyer by executing consents, applications and other such documents reasonably requested by the Buyer in connection with its efforts in developing the Property to a condition such that building may commence. (c) Upon Seller's receipt of actual knowledge thereof, Seller shall promptly notify Buyer of any material change in any condition with respect to the Property or of any event or circumstance which makes any representation or warranty of Seller under this Agreement materially untrue or of any covenant of Seller under this Agreement which Seller will be incapable of performing. (d) Seller shall not enter into any Contracts or other agreement affecting the Property or any portion thereof or the use thereof which will be binding on Buyer or the Property after WPBDOCS 10386778 6 10391154,2 306-9905441) 11 Page 1031 of 1055 Closing, without the prior written consent of the Buyer, which consent may be withheld in Buyer's sole and absolute discretion. (e) In the event that Seller receives or is served, prior to Closing, with any notices from any governmental or quasi-governmental body or agency or from any person or entity with respect thereto, Seller will promptly comply with them at Seller's expense.. (f) Seller shall comply with all Laws, rales, regulations, and ordinances of all governmental authorities having jurisdiction over the Property. (g) Seller shall not enter into any lease, tenancy agreement or occupancy agreement or other agreement affecting the Property or any portion thereof or the use thereof which will be binding on Buyer or the Property after Closing, without the prior written consent of the Buyer, which consent may be withheld in Buyer's sole and absolute discretion. (h) Seller shall maintain the Property in at least the same general condition as the Property is currently maintained by Seller and Seller shall maintain its current insurance coverages for the Property. (i) So long as Seller is not required to incur any cost or expense with regard thereto (except as is otherwise required pursuant to the terms of this Agreement, including, without limitation the requirements of Section 3 hereof), Seller shall cooperate with Buyer in performing its due diligence with respect to the Property and in seeping any and all consents, permits or approvals regarding the Property as Buyer may request, and Seller shall promptly join in all applications for building permits, certificates or other agreements, and permits for sewer, water, or other utility services, other instruments or other permits or approvals, the granting of or entry into which, by any governmental or quasi governmental authority having jurisdiction over the Property, is, in Buyer's reasonable opinion, necessary to permit the development, construction, use or occupancy of the Property for the Buyer's Intended Use without violating applicable law. 12. Buyer's Representations. Buyer hereby represents and warrants to Seller, as of the Effective Date and again as of the Closing Date, as follows: (a) Buyer has full power and authority to enter into this.Agreement and to assume and perform all of its obligations hereunder. (b) The execution and delivery of this Agreement and the consummation of the transaction contemplated hereunder on the part of the Buyer do not and will not violate the corporate or organizational documents of Buyer and will not conflict with or result in the breach of any condition or provision, or constitute a default under, or result in the creation or imposition of any lien, charge or encumbrance upon any of the terms of any contract, mortgage, lien, lease, agreement, indenture, instrument or judgment to which the Buyer is a party. (c) No action by any federal, state, municipal or other governmental department, CRA, board, bureau or instrumentality is necessary to snake this Agreement a valid instrument binding upon Buyer in accordance with its terms and conditions, 6VP13DOCS 10386778 6 (00391154.2 306-990544€1 12 Page 1032 of 1055 All of the representations, warranties and covenants of Buyer contained in this Agreement shall be true and correct: in all material respects and not in default at the time of Closing,just as though they were made at such time. 13. Real Estate Commissions. Buyer and Seller represent and warrant to each other that each has not dealt with any broker, agent or similar person in connection with this transaction. Buyer and Seller do mutually agree to indemnify and hold harmless the other party from and against and any all liability, loss, cost, damage and expense, including but not limited to attorneys' fees and costs of litigation both prior to and on appeal, which either Buyer or Seller shall ever suffer or incur because of any claim by any agent, broker or finder claiming by, through, or tinder the indemnifying party, whether or not meritorious, for any fee, commission or other compensation with respect to this Agreement or to the sale and purchase of the Property contemplated herein. The terms of this Section shall survive Closing or the earlier termination of this Agreement until the expiration of all statute of limitations periods applicable to any such claims. 14. )tisk of Loss and Condemnation. Seller shall bear risk of loss with respect to the Property until the Closing has occurred. In the event of the institution against the record owner of the Property of any proceedings, judicial, administrative or otherwise, relating to the taking, or to a proposed taking of any portion of the Property by eminent domain, condemnation or otherwise or if Seller shall receive any notice or knowledge that any agency or entity having the power of erninent domain is conternplating or is seeking the taking or condemnation of the Property, or any part thereof, or any interest therein (which in Buyer's sole opinion materially impairs Buyer's ability to use the Property for Buyer's Intended Use), prior to Closing, or in the event of the taking of any portion of the by eminent domain, condemnation or otherwise, prior to Closing, then the Seller shall notify the Buyer promptly and the Buyer shall have the option, in. its sole and absolute discretion of either (a) terminating this Agreement and obtaining a full refund of the Escrow Deposit and interest thereon; or(b) closing in accordance with the terms of this Agreement, but at Closing the Seller shall assign to the Buyer all of its right,title and interest in and to any net awards that have been or may be made with respect to such eminent domain proceeding or condemnation, or give Buyer a credit against the Purchase Price equal to the allocable portion of such award or settlement if it has previously been received by Seller. Such election must be made by the Buyer within thirty (30) days of the notice furnished by Seller. If Buyer fails to snake an election in writing, it shall be deemed to have elected alternative (a). 15. Default. (a) If Buyer fails to materially perforin or observe any of the covenants, restrictions, requirements and/or stipulations to be performed and/or observed by Buyer hereunder and such failure to perform or observe is not cured within thirty(30) days after written notice thereof from Seller to Buyer (or in the case of a default which cannot be caned in thirty (30) days, Buyer has failed to commence curing the default within such thirty (30) day period), then, as Seller's sole remedy, the Escrow Deposit shall be delivered by the Escrow Agent to the Seller (and Seller shall retain all City Deposits) as liquidated and agreed upon damages; provided,that, Buyer shall not be afforded any cure period if Buyer if fails to timely complete its purchase of the Property on the Closing Date. The parties agree and stipulate that as of the Effective Date, the exact amount of damages to Seller on account of Buyer's breach of this Agreement would be WBD005 10386778 6 100391154.2 306-4905141) 13 Page 1033 of 1055 extremely difficult to ascertain and that the Deposit constitutes a reasonable and fair approximation of such damages and is not a penalty. (b) If Seller fails to materially perforin or observe any of the covenants, restrictions, requirements and/or stipulations to be performed and/or observed by Seller hereunder, and such failure to perform or observe is not cured within thirty(30) days after written notice thereof from Buyer to Seller (except for Seller's failure to timely complete its sale of the Property on the Closing Date, for which no notice or cure period shall be afforded and shall immediately constitute a default), then Buyer's sole and exclusive remedy on account of Seller's default shall be to terminate this Agreement and thereupon (a) receive a return of the Escrow Deposit (together with all interest earned thereon) fi-orn the Escrow Agent and (b) receive a return of the City Deposits from Seller, as well as receive from Seller payment of Buyer Costs (as defined herein) not to exceed $100,000.00. "Buyer Costs" shall mean all actual out-of-pocket, third party costs incurred by Buyer with regard to this transaction, including, without limitation, its costs incurred in conducting its due diligence studies, exarninations, surveys, environmental, and other exams of the Property, consultant and engineering costs, attorneys' fees, and any and all other expenses incurred by Buyer in pursuing the Entitlements and other development approvals for the Property. Buyer's Costs shall be evidenced by statements submitted to Seller and Seller's attorney and such other reasonable information requested by Seller and Seller's attorney. Nothing contained herein shall limit any of Seller's indemnification obligations that are specifically provided to survive termination of this Agreement and/or Closing. 16. Escrow. Any Escrow Agent receiving funds is authorized and agrees by acceptance thereof to promptly deposit and to hold same in escrow and to disburse the same subject to clearance thereof in accordance with terms and conditions of this Agreement but only with the joint instructions of Buyer and Seller. Failure of clearance of funds shall not excuse performance by the Buyer. In the event of doubt as to its duties or liabilities under the provisions of this Agreement, the Escrow Agent may, in its sole discretion, continue to hold the monies which are the subject of this escrow until the paries mutually agree to the disbursement thereof, or until a judgment of a court of competent jurisdiction shall determine the rights of the parties thereto, or it may deposit all the monies then held pursuant to this Agreement with the Clerk of the Circuit Court of Palm Beach County, Florida, and upon notifying all parties concerned of such action, all liability on the part of the Escrow Agent shall fully terminate, except to the extent of accounting for any monies theretofore delivered out of escrow. In the event of any suit between Buyer and Seller wherein the Escrow Agent is made a party by virtue of acting as such Escrow Agent hereunder, or in the event of any suit wherein Escrow Agent interpleads the subject matter of this escrow, the Escrow Agent shall be entitled to recover a reasonable attorney's fee and costs incurred, said fees and costs to be charged and assessed as court cost in favor of the prevailing party. All parties agree that the Escrow Agent shall not be liable to any party or person whomsoever.for misdelivery to Buyer or Seller of monies subject to this escrow, unless such misdelivery shall be due to willful breach of this Agreement or gross negligence on the part of the Escrow Agent. Seller acknowledges that Escrow Agent has been retained as counsel for the Buyer in this matter and other transactions and agrees that Escrow Agent may continue to represent Buyer in this matter and any and all present and future transactions. WPBD005 10386778 b 100391154.2 306-9905441 u 14 Page 1034 of 1055 17. Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to the transaction contemplated herein, and it supersedes all prior understandings or agreements between the parties. 18. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, devisees, personal representatives, successors and permitted assigns.. 19. Waiver; Modification, The failure by the Buyer or Seller to insist upon or enforce any of their rights shall not constitute a waiver thereof, and nothing shall constitute a waiver of the Buyer's right to insist upon strict compliance with the terms of this Agreement. Either party may waive the benefit of any provision or condition for its benefit which is contained in this Agreement. No waiver of any breach of this Agreement shall be held to constitute a waiver of any other or subsequent breach. No oral modification of this Agreement shall be binding upon the parties and any modification must be in writing and signed by the parties. 20. Governing Law; Venue. This Agreement shall be governed by and construed under the laws of the State of Florida. The venue of any litigation arising out of this Agreement shall be Palm Beach County, Florida. 21. Headings. The paragraph headings as set forth in this Agreement are for convenience or reference only and shall not be deemed to vary the content of this Agreement or limit the provisions or scope of any paragraph herein. 22. Enforceability. If any provision in this Agreement shall be held to be excessively broad, it shall be construed, by limiting and reducing it, to be enforceable to the extent compatible with applicable law. If any provision in this Agreement shall, notwithstanding the preceding sentence, be held illegal or unenforceable, such illegality or unenforceability shall not affect any other provision of this Agreement. 23. Notices. Any notice, request, demand, instruction or other communication to be given to either party, except where required by the terms of this Agreement to be delivered at the Closing, shall be in writing and shall be sent as follows: If to Buyer: Pulte Home Company, LLC Attn: Brent Baker,Division President 4400 PGA Blvd, Suite 700 Palm Beach Gardens,Florida 33410 I tiVPBDOCs 10386778 6 CC (00391154.2 306-9905441) 15 Page 1035 of 1055 E-mail: brent,baker@PulteGi,oup.com With a copy to: Steven R. Parson, Esq. Shutts &Bowen, LLP 525 Okeechobee Blvd., Suite 1100 West Paha Beach, FL 33401 E-mail: sparson ct shutts.corn If to Seller: City of Boynton Beach Attn:Lori LaVerriere, City Manager City of Boynton Beach 3301 Quantum Blvd., Suite 101 Boynton Beach, FL 33426 E-mail: LaVerricrcLbbfl.us With a copy to: Goren, Cherof, Doody&Ezrol,P.A. 3099 East Commercial Blvd, Suite 200 Fort Lauderdale,Florida 33308 Telephone: 954-771-4500 Facsimile: 954-771-4923 Email: ddoody cr gorencherof corn Attn: Donald J.Doody, Esq. If to Escrow Agent: Goren, Cherof,Doody&Ezrol,P.A. 3099 East Commercial Blvd, Suite 200 Fort Lauderdale,Florida 33308 Telephone: 954-771-4500 Facsimile: 954-771-4923 Email, ddoody gorencherofcorn Attn: Donald J. Doody,Esq. Any such notice shall be either (a) sent by overnight delivery using a nationally recognized overnight courier, in which case notice shall be deemed delivered on the date such notice is received by the party to whom it is addressed or such party's agent or representative, (b) sent by personal delivery, in which case notice shall be deemed delivered upon receipt or refusal of delivery of such notice, or (c) sent by electronic mail ("Email"), in which case notice shall be deemed delivered upon confirmed transmission of such notice by Email. A party's address may be changed by written notice to the other party; provided, however, that no notice of a change of address shall be effective until actually received by the recipient thereof. Copies of notices are for informational purposes only, and a failure to give or receive copies of any notice shall not be deemed a failure to give notice. The attorney for a party has the authority to send and receive notices on behalf of such party. 24, Assignment. Neither party shall assign this Agreement without the prior written consent of the other party, which may be withheld in such party's reasonable discretion, except that Buyer may assign its rights under this Agreement with respect to the Property, without Seller's prior consent, to (a) an affiliated entity of Buyer in which Buyer directly or indirectly wPBDOCS 10386778 6 [00391154.2 306-994154411 16 i Page 1036 of 1055 has a majority ownership interest, or (b) a joint venture of Buyer with an unaffiliated development partner, provided, however, a copy of the assignment and assumption agreement shall be delivered to Seller prior to Closing Date, if applicable. 25, Attorneys' Fees. In the event that it becomes necessary for either party to bring suit to enforce the terms of this Agreement, then the prevailing party shall be entitled to recover all costs, including reasonable attorneys' fees, incurred in connection with such litigation (including mediation, arbitration, appellate proceedings, and in post judgment collection proceedings) against the non-prevailing party. The terms of this Section shall survive Closing or the earlier termination of this Agreement. 26. Radon Disclosure. Pursuant to statute, Seller hereby notifies Buyer as follows: Radon is a naturally occurring 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 fi-om your county public health unit. 27. Effective Date. The "Effective Date" of this Agreement shall be the date upon which the last party to sign this Agreement has executed this Agreement. Buyer and. Seller shall confirm to each other in writing the date of the Effective Date. Buyer recognizes that though it has negotiated this Agreement with Seller's representatives and has signed it, Seller cannot execute this Agreement until it has fully complied with the provisions of Section 2-56 of the Seller's City Code. If the City Commission of Seller approves this Agreement in accordance with Section 2-56 of the Seller's City Code, then the Effective Date shall be the date upon which Seller executes this Agreement. 28. Time of the Essence. Time is of the essence with respect to each provision of this Agreement. Provided however, if the date for performance is on a Saturday, Sunday or federal holiday, the date for performance shall be extended to the next business day. 29 . No Third Party Beneficiaries. This Agreement is an agreement between Seller and Buyer only and no third parties shall be entitled to assert any rights as third party beneficiaries hereunder. 30. Counterpart Execution. This Agreement may be executed in two or more counterparts, all of which together shall constitute but one and the same Agreement. To facilitate the execution and delivery hereof, the parties may exchange executed counterparts hereof, or of any amendment hereto, in Portable Document Format(PDF) exchanged via E-mail, which transmission shall be deemed delivery of an original executed counterpart by such party. j 31. Recordation. At the election of Buyer, and at Buyer's sole cost, this Agreement or any memorandum, summary, or other evidence hereof may be recorded in any public records prior to the consummation of the Closing. 32. Marketing the Property. Seller hereby agrees that as of the Effective Date and provided that this Agreement has not terminated, the Seller may not continue marketing the V PBDOCS 14386778 6 (00391154.2 306-990543[} 17 Page 1037 of 1055 Property or the membership interest of the Seller and may not enter into contracts for the sale of the Property or any contracts for the sale of the membership interest of the Seller. 33. Survival. Except as otherwise provided herein, the provisions of this Agreement shall not survive the Closing and shall be merged into the conveyance documents executed and delivered at Closing. 34. Further Assurances. The parties agree to cooperate in good faith to execute and deliver such documents and instruments as are necessary, and/or reasonably requested by the parties, in order to consummate the transactions contemplated by this Agreement. This Section expressly survives the Closing. 35. JURY TRIAL WAIVER. SELLER AND BUYER EACH KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE ANY RIGHT WHICH EITHER OF THEM MAY HAVE TO ATRIAL BY JURY WITH RESPECT TO ANY LITIGATION OR LEGAL PROCEEDING BASED UPON OR ARISING DIRECTLY, INDIRECTLY OR. OTHERWISE IN CONNECTION WITH, OUT OF, RELATED TO OR FROM THIS AGREEMENT INCLUDING, BY WAY OF EXAMPLE BUT NOT LIMITATION, ANY COURSE OF CONDUCT, COURSE OF DEALINGS, VERBAL OR WRITTEN STATEMENTS OR ACTS OR OMISSIONS OF EITHER PARTY WHICH IN ANY WAY RELATE TO THIS AGREEMENT. SELLER AND BUYER HAVE SPECIFICALLY DISCUSSED AND NEGOTIATED FOR THIS WAIVER AND UNDERSTAND THE LEGAL CONSEQUENCES OF IT. 36. Approval by Buyer's Asset Management Committee. The terms and provisions of this Agreement are subject to the review and approval of Buyer's Asset Management Committee (the ".AMC"). Buyer will request that the approval by the AMC of the terms and provisions of this Agreement be provided within the Investigation Period, but nothing herein shall be construed as a requirement of Buyer to obtain such approval frorn the AMC. In the event that the approval of the AMC is not obtained within the Investigation Period, then Buyer shall promptly notify Seller and Escrow Agent of such event within the Investigation Period, in which case this Agreement shall be terminated and both parties shall be released from all further obligations under this Agreement, except for indemnification and other provisions that survive termination. 37. No Moratoria. In addition to any other conditions to Closing contained in this Agreement, Buyer's obligation to close this transaction shall be conditioned on there being no sewer, water, building, or other moratoria in effect as of the Closing Date which would prevent or interfere with the development of the Property for Buyer's Intended Use and the occupancy of the any residential units by end-users. [Signatures on Next Page] wPBDOCS 10386778 6 pp 1003911A2 306-9905441) I(? Page 1038 of 1055 The parties have executed this Agreement as of the day and year last written below. BUYER: PULTE HOME COMPANY,LLC,a Michigan limited liability company By: _dW&arM6tW- Name: Title: V P— WD &=AUtSMION Date: A06)0S7- It ,2020 SELLER: CITY OF BOYNTON BEACH, a Florida municipal corporation By: Name: Title: Date: 12020 WPBD005 10386778 6 (y (01391154.2 306.9905441} 1.9 '. I Page 1039 of 1055 ACKNOWLEDGEMENT OF ESCROW AGENT By signing Below, the undersigned agrees to act as Escrow Agent in accordance with the terms of this Agreement for the transaction contemplated by this,Agreement. ESCROW AGENT: GOREN,CHEROF,DOODY &EZROL,P.A., a Florida professional association By: Name: Title: P I i WPDDOCS 10386778 6 1003911543 306-99054411 2 Page 1040 of 1055 E11[MI "A" Legal Description of the Land (SUBJECT TO VERIFICATION BY SURVEY) PARCEL CONTROL NUMBERS: 00-43-45-19-00-000-3010; 00-43-45-19-03-006-0080; 00-43- 45-19-04-006-0260 and 00-43-45-19-040-008-0200 Lots 20-25 and 50-56, inclusive,Block 8 of West Boynton Plat 2-C,as recorded in Plat Book 15, Page 14, of the Public Records of Palm Beach County,Florida. Together with: Lots 8 through 31, inclusive, Block 6, Lots 8-31, inclusive,Block 7,Lots 8-31, inclusive, Block 8, Lots 8-31, inclusive,Block 9,Lots 8-31, inclusive,Block 10, all of West Boynton Plat 2-B, as recorded in Plat Book 15,Page 13, of the Public Records of Palm Beach County,Florida. Together with.: Lots 26-49, inclusive,Block 6,Lots 26-49, inclusive,Block 7,Lots 26-49, inclusive,Block 8,Lots 26-49, inclusive,Block 9,all of West Boynton Plat 2-C, as recorded in Plat Book 15,Page 14,of the Public Records of Palm Beach County,Florida. Together with: A portion of Genevra Avenue,Harlowe Avenue, Ivanhoe Avenue,Kitely Avenue,Lothair Avenue and Marlow Avenue lying West of Nickels Blvd.and adjacent to Block 6, 7, 8, 9 and 10,of West Boynton Plat 2-13 recorded in Plat Book 15,Page 13, of the Public Records of Palm Beach County, Florida. 4 PBDOCS 1.4386778 6 (00391154.2306-9905441) 21 Page 1041 of 1055 EXHIBIT"B" Form of Special Warranty Deed This Instrument Prepared By: Parcel Control Nos.: 00-43-45-19-00-000-30'10;00-43-45-19-03-006-0080; 00-43-45-19-04-006-0260;and 00-43-45-19-040-008-0020 SPECIAL WARRANTY DEED THIS SPECIAL WARRANTY DEED, made and entered into as of the day of , 242_, by the CITY OF BOYNTON BEACH, FLORIDA, a Florida municipal. corporation, whose address is (hereinafter referred to as "Grantor"), and PULTE HOME COMPANY, LLC, a Michigan limited liability company, whose address is 4400 PGA Blvd, Suite 700, Palm. Beach Gardens, Florida 33410 (hereinafter referred to as "Grantee"). WITNESSETH: That Grantor, for and in consideration of the stem of Ten Dollars ($10.00) and other goad and valuable consideration, to it in hand paid, the receipt whereof is hereby acknowledged, by these presents does grant, bargain, sell, alien, remise, release, convey and confirm unto the Grantee, its successors and assigns forever, all those certain parcels of land lying and being in the County of Palm Beach, State of Florida, as more particularly described in the Exhibit"A" attached hereto and by this reference made a part hereof(the"Property"). TOGE"T"HER WITH all the improvements, tenements, hereditaments, and appurtenances thereto belonging or in anywise appertaining and together with all rights and easements of record. SUBJECT TO taxes for the year 202 , and subsequent years, and applicable zoning ordinances and those matters set forth on Exhibit "B" attached hereto and by this reference made a park hereof; provided, however, that nothing herein shall be deemed to reimpose any of such matters. TO HAVE AND TO HOLD the same in fee simple forever. And the Grantor hereby covenants with Grantee that Grantor, at the time of delivery of this deed, is lawfully seized of the Property in fee simple,that Grantor has good right, full power, and lawful authority to grant, bargain, sell, and convey the same, and that Grantor hereby warrants the title to the Property and will defend the same against the lawful claims of all persons whomsoever, claiming by,through or under the Grantor, but against no others. wPBDOCS 303867786 108391154-2 3D&9905441) 22. Page 1042 of 1055 IN WITNESS WHEREOF, the Grantor has caused these presents to be duly executed in its name, as of the date first set forth above. Signed, sealed and delivered GRANTOR: in the presence of. CITY OF BOYNTON BEACH, FLORIDA, a Florida municipal corporation, By: Printed Name: , its Printed Name: STATE OF FLORIDA ) ss: COUNTY OF PALM BEACH ) The foregoing instrument was acknowledged before me by means of L physical presence or El online notarization, this day of , 202 , by , as of CITY OF BOYNTON BEACH, FLORIDA, a Florida municipal corporation, on behalf of said corporation. She/He is personally known to me or has produced as identification. Printed Name: NOTARY PUBLIC State of Florida at Large (Notarial Sear My Commission Expires: I i wPBDOCS 10386778 4 (00191154.2706_990544.1) 23 Page 1043 of 1055 EXHIBIT "C" Form of General Assignment THIS GENERAL ASSIGNMENT (the "Assignment") is made as of this _ day of , 202 , by the CITY OF BOYNTON BEACH, FLORIDA, a Florida municipal corporation ("Assignor"), in favor of FULTE HOME COMPANY, LLC, a Michigan limited liability company("Assignee"). WITNESSETH: WHEREAS, Assignor and Assignee are parties to that certain Agreement for Purchase and Sale dated as of (the "Agreement"), which provides, among other things, for the sale by Assignor to Assignee of that certain tract of Property located in Palin Beach County, Florida, as more particularly described on Exhibit "A" attached hereto and made part hereof(the "Property"); and WHEREAS, the Agreement requires Assignor to assign to Assignee all of Assignor's right, title and interest in all Intangible Rights, Development Rights, and Plans (as such terms are defined below) owned by Assignor. THEREFORE, in consideration of the foregoing and the agreements and covenants herein set forth, together with the sum of Ten Dollars ($10.00) and other good and valuable consideration this day paid and delivered by Assignee to Assignor, the receipt and sufficiency of all of which are hereby acknowledged by Assignor, Assignor does hereby ASSIGN, TRANSFER, CONVEY, SET OVER and DELIVER unto Assignee, to the extent assignable, all of Assignor's right, title and interest in and to the following (collectively, the "Assigned Properties"): (a) any and all building, zoning and other certificates, licenses, certificates of compliance, prepaid impact fees, impact fee credits or similar charges which sei-%,ice or pertain in any manner to the Property, utility prepayments or reservation fees, consents, building inspection approvals granted by any govei-nnaental entity running to the benefit of the Property, Assignor and/or Assignor's predecessors in interest and any covenants, conditions and restrictions, reciprocal casement agreements, access easement agreements and other common or planned development agreements or documents necessary in connection with the Property, and all other intangible right or property relating to the ownership or development of the Property (collectively, the "Intangible Rights"); and (b) all permits, governmental approvals, utility rights and utility capacity, traffic trips, and all other development rights and similar rights related to the Property, whether granted by governmental authorities or private persons, for the development of single-family residential units on the Property (collectively, the "Development Rights"); and (c) to the extent assignable, all plans, specifications, site plans, engineering plans, architectural drawings, architectural renderings and similar items prepared for Assignor related WPBDOCS 10385778 4 (00391154.2306-9905441} 24 Page 1044 of 1055 to structures, parking facilities, streets, drainage or utility facilities or other improvements that are to be constructed on the Property(collectively, the "Plans"). TO HAVE AND TO HOLD all and singular the Assigned Properties unto Assignee, and Assignee's successors, and assigns forever, and Assignor does hereby warrant and shall forever defend all and singular the Assigned Properties unto Assignee, and Assignee's successors and assigns, against every person whomsoever lawfully claiming or to claim the same, or any part thereof, by, through or under Assignor. Assignor warrants to Assignee that it holds and has full right and authority to transfer the Assigned Properties to Assignee without the consent of any third party, and that Assignor has not previously assigned or pledged any of the Assigned Properties. Assignor hereby agrees to indemnify and hold harmless Assignee from and against any and all loss, liability, cost, claim, damage or expense incurred to enforce any rights and/or secure any remedies under this Assignment resulting by reason of the failure of Assignor to perform its obligations arising under the Assigned Properties prior to date hereof and/or Assignor's failure to perform its obligations under this Assignment. All of the covenants, terms and conditions set forth herein shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and assigns. This Assignment may only be modified, altered, amended, or terminated by the written agreement of Assignor and Assignee. If any term, covenant or condition of this Assignment shall be held to be invalid, illegal or unenforceable in any respect, this Assignment shall be construed without such provision. This Assignment shall be governed by and construed under the laws of the state in which the Property is located without regard to principles of conflicts of law. [Signature Page Follows] wPBDOCS 10386778 4 (0034[]54.2306-9905441 25 Page 1045 of 1055 IN WITNESS WHEREOF, Assignee has executed this Agreement as of the date below- written. WITNESSES ASSIGNOR: CITY OF BOYNTON BEACH, FLORIDA, a Florida municipal corporation Printed Name: By; Naive: Printed Name: Title: Date: , 202 STATE OF FLORIDA ) ss: COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑ online notarization, this day of , 202 by the CITY OF BOYNTON BEACH, FLORIDA, a Florida municipal corporation. She/He is personally known to vie or produced as identification. Notary Public, State of Florida Name: My Commission Expires: i WPBDOCS 10386778 4 (003311542306-4945441)' 26 Page 1046 of 1055 13.A. FUTURE AGENDA ITEMS 9/15/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 9/15/2020 Requested Action by Commission: Mayor Grant requested a discussion regarding interviewing City staff about their positions and a City Career Fair - TBD Explanation of Request: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action: Climate Action Discussion: Is this a grant? Grant Amount: Page 1047 of 1055 13.B. FUTURE AGENDA ITEMS 9/15/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 9/15/2020 Requested Action by Commission: Mayor Grant requested a discussion regarding funding of trees and a review of the city's Memorial Tree Fund policy - TBD Explanation of Request: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action: Climate Action Discussion: Is this a grant? Grant Amount: Page 1048 of 1055 13.C. FUTURE AGENDA ITEMS 9/15/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 9/15/2020 Requested Action by Commission: Vice Mayor Penserga requested a discussion regarding a City Mural Program- TBD Explanation of Request: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action: Climate Action Discussion: Is this a grant? Grant Amount: Page 1049 of 1055 13.D. FUTURE AGENDA ITEMS 9/15/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 9/15/2020 Requested Action by Commission: Public Hearing for application submittal for Legacy at Boynton Beach Mixed Use Development- a new mixed use development in the downtown core- October 6, 2020 (as currently scheduled) Explanation of Request: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action: Climate Action Discussion: Is this a grant? Grant Amount: Page 1050 of 1055 13.E. FUTURE AGENDA ITEMS 9/15/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 9/15/2020 Requested Action by Commission: At the request of Mayor Grant, Human Resources will present information regarding the City's internship program. - October 20, 2020 Explanation of Request: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action: Climate Action Discussion: Is this a grant? Grant Amount: Page 1051 of 1055 13.F. FUTURE AGENDA ITEMS 9/15/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 9/15/2020 Requested Action by Commission: Mayor Grant has requested a discussion regarding the Workforce House Ordinance- October or November 2020 Explanation of Request: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action: Climate Action Discussion: Is this a grant? Grant Amount: Page 1052 of 1055 13.G. FUTURE AGENDA ITEMS 9/15/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 9/15/2020 Requested Action by Commission: Update on the Town Square Naming Rights Campaign - October 20, 2020. Explanation of Request: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action: Climate Action Discussion: Is this a grant? Grant Amount: Page 1053 of 1055 13.H. FUTURE AGENDA ITEMS 9/15/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 9/15/2020 Requested Action by Commission: City Staff to provide the Commission with an update on the status of the Art in Public Places Program including the Kinetic Art Exhibit, the recruitment process for Public Arts Manager and mural installation at Fire Station 1 - October 6, 2020 Explanation of Request: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action: Climate Action Discussion: Is this a grant? Grant Amount: Page 1054 of 1055 13.1. FUTURE AGENDA ITEMS 9/15/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 9/15/2020 Requested Action by Commission: Hear monthly update from J KM Developers and E21- Solutions on Town Square project- October 6, 2020. Explanation of Request: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action: Climate Action Discussion: Is this a grant? Grant Amount: Page 1055 of 1055